Regulations of Shanghai Municipality on Comprehensive Administrative Law Enforcement in Urban Management

(Adopted at the 33rd Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on April 19, 2012; amended for the first time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on Amending the Regulations of Shanghai Municipality on Administrative Law Enforcement in Urban Management adopted at the 21st Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on June 18, 2015; amended for the second time in accordance with the Decision on Amending Some Local Rules of This Municipality adopted at the 4th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on May 24, 2018; amended for the third time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Sub-district Offices and Other Local Rules of This Municipality adopted at the 33rd Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on July 29, 2021; amended for the fourth time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on Amending Twelve Local Rules Including the Regulations of Shanghai Municipality on Elderly Care Service and Repealing Six Local Rules Including the Provisions of Shanghai Municipality for the Protection and Development of Telecommunications adopted at the 9th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 28, 2023)

Chapter I General Provisions

Article 1

With a view to strengthening the comprehensive administrative law enforcement work in urban management, normalizing administrative law enforcement acts, improving the efficiency and level of administrative law enforcement, protecting the legitimate rights and interests of citizens, legal persons and other organizations, these Regulations are formulated in accordance with the provisions of the Law of the People's Republic of China on Administrative Penalty, the Administrative Compulsion Law of the People's Republic of China, and relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the administrative law enforcement in urban management within the administrative area of this Municipality.

The comprehensive administrative law enforcement in urban management in the preceding clause refers to the acts of the municipal and district urban management administrative law enforcement departments (hereinafter refer to as the UMLED) as well as the sub-district offices and town/township people's governments exercising in a relatively centralized way according to law the overall or partial power of administrative penalty and related powers of administrative inspection and administrative coercion conferred upon relevant administrative management departments in urban management fields.

Article 3

The municipal and district people's governments and the sub-district offices and town/township people's governments shall strengthen the leadership over the work of administrative law enforcement in urban management.

The municipal and district people's governments and the sub-district offices and town/township people's governments shall rationally allocate administrative law enforcement officers in urban management (hereinafter referred to as the UMLEO) and law enforcement equipment in the light of the regional areas, population sizes and management requirements, and incorporate the working fund for administrative law enforcement in urban management into the fiscal budget at the corresponding level, so as to guarantee the UMLED performing their duties according to law.

Article 4

The Municipal Urban Management Law Enforcement Department is the competent administrative department in charge of the comprehensive administrative law enforcement work in urban management in this Municipality, responsible for organizing the implementation of these Regulations.

The district urban management law enforcement departments are in charge of the comprehensive administrative law enforcement work in urban management within their corresponding jurisdictions, and shall accept the professional guidance and supervision from the Municipal Urban Management Law Enforcement Department.

The sub-district offices and town/township people's governments shall be responsible for the comprehensive administrative law enforcement work in urban management in the corresponding areas, the urban management administrative law enforcement organs shall, in the name of district urban management law enforcement departments, specifically undertake the comprehensive administrative law enforcement work in urban management in the corresponding areas, and accept the professional guidance and supervision of the district urban management law enforcement departments.

The UMLED may, as required, accredit comprehensive administrative law enforcement agencies to certain areas to take specific charge for the comprehensive administrative law enforcement work in urban management in the corresponding areas in the name of the UMLED.

Article 5

The administrative departments of construction, transportation, greening and city appearance, water affairs, ecology and environment, market regulation, housing administration, planning and resources, public security, and finance shall coordinate to do well the comprehensive administrative law enforcement work in urban management according to their respective duties and functions.

Article 6

In the comprehensive administrative law enforcement work in urban management, the principle of legitimacy, openness, and justice shall be followed, the people-oriented approach shall be adhered, law enforcement shall be combined with education, guidance and service, law enforcement shall be carried out in a civilized and normalized way, and attention shall be paid to the unity of legal effect with social effect.

Article 7

This Municipality shall strengthen the building of its urban management administrative law enforcement contingent, perfect its law enforcement system and supervision mechanism, and improve its law enforcement capacity.

Article 8

The people's governments at all levels, relevant administrative departments, broadcasting stations, TV stations, newspapers and periodicals, internet and other news media shall strengthen publicity on urban management laws and rules, raise peoples' awareness of initiatively abiding by urban management provisions, and create an atmosphere of the general public jointly maintaining the urban management order.

Article 9

The UMLEO performing their duties according to law shall be protected by law.

Citizens, legal persons or other organizations shall support the work of the UMLED and the sub-district offices and town/township people's governments, and cooperate with the UMLEO to perform their duties according to law.

The UMLED and the sub-district offices and town/township people's governments shall solicit opinions from citizens, legal persons or other organizations, and continuously improve and perfect the law enforcement ways and methods.

Article 10

The municipal or district people's government or the department concerned may commend or reward the units and individuals that have made outstanding contributions or great achievements in carrying out activities of law enforcement in urban management.

Chapter II Law Enforcement Purview

Article 11

The UMLED and the sub-district offices and town/township people's governments shall enforce the comprehensive administrative law in urban management in the following aspects:

1. to impose administrative penalties, in accordance with the laws, rules and regulations on city appearance and environmental sanitation management, for violations of provisions on city appearance and environmental sanitation management;

2. to impose administrative penalties, in accordance with the laws, rules and regulations on municipal works management, for violations of provisions on the management of non-municipal-managed urban roads (including highways within the scope of towns/townships), bridges and the subsidiary facilities;

3. to impose administrative penalties, in accordance with the laws, rules and regulations on greening management, for violations of provisions on greening management other than greening construction.

4. to impose administrative penalties, in accordance with the laws, rules and regulations on water affairs management, for violations of river way management, such as dumping of industrial, agricultural and constructional wastes, household garbage and night soil; cleaning of vehicles and containers that have transported or stored oils or noxious pollutants; unauthorized erection of houses, shelters, buildings and structures；

5. to impose administrative penalties, in accordance with the laws, rules and regulations on environmental protection, for the illegal acts that can be judged without instrument test such as road transportation yard operation, or open storage causing dust and polluting the environment; units failing to afforest or pave the bare land as required; dumping or scattering at random industrial or other solid wastes, during loading and transport; violating provisions on the installation of air conditioners or coolers and affecting the environment and people's lives; conducting construction at night without approval or not conforming to requirements and causing noise pollution; burning in the open air stalks, dry branches, fallen leaves or other materials causing smoke or dust pollution as well as burning materials such as asphalt, linoleum, rubber, plastics, rubbish and leather, etc. causing toxic, harmful smoke or foul odors;

6. to impose administrative penalties, in accordance with the laws, rules and regulations on market regulation, for the illegal acts of operating without a license,  occupying roads;

7. to impose administrative penalties, in accordance with the laws, rules and regulations on construction management, for the illegal acts of damaging and occupying the barrier-free facilities or changing their purposes;

8. to impose administrative penalties, in accordance with the laws, rules and regulations on urban planning and property management, and in line with the function division of the Municipal Peoples' Government，for the illegal acts of erecting buildings and structures without authorization, or destroying house appearances within the property management areas; and

9. to impose other administrative penalties that the UMLED shall impose as required by the local rules and government regulations in this Municipality.

The specific matters of the administrative law enforcement according to the preceding clause by the UMLED and the sub-district offices and town/township people's governments shall be determined by the Municipal People's Government, and be made public.

Article 12

This Municipality's local rules or government regulations may adjust the scope of the comprehensive administrative law enforcement in urban management.

Except as provided in the preceding clause, no unit or individual may adjust the scope of comprehensive administrative law enforcement in urban management.

Article 13

The relatively centralized power of administrative punishment in urban management and the related powers of administrative inspection and administrative coercion that have been exercised according to law by the UMLED and the sub-district offices and town/township people's governments shall not be re-exercised by other relevant administrative departments; and other administration and supervision duties performed by relevant administrative departments shall be performed continually according to law.

Article 14

The district urban management law enforcement departments and the sub-district offices and town/township people's governments shall be responsible for investigating and handling the illegal acts within their jurisdictions.

Where two or more district urban management law enforcement departments, sub-district offices or the town/township people's governments have jurisdiction, it shall be under the jurisdiction where a case is filed firstly. Disputes over jurisdiction shall be resolved through negotiation, and if negotiation fails, a request shall be submitted to the administrative authority at the joint next higher level for designation of jurisdiction; and the administrative authority at the joint next higher level may directly designate jurisdiction as well.

Article 15

The Municipal Urban Management Law Enforcement Department shall order the district urban management law enforcement departments to handle any illegal act that has not been handled, and may also handle it directly.

The district urban management law enforcement departments shall order the sub-district and town/township comprehensive administrative law enforcement departments to handle any illegal act that has not been handled, and may also handle it directly.

The Municipal Urban Management Law Enforcement Department may directly investigate and handle the illegal acts with great social impact, and, if necessary, may organize the relevant district urban management law enforcement departments to make joint investigation thereof.

When conducting major law-enforcement acts, the district urban management law enforcement department may dispatch the sub-district and town/township comprehensive administrative law enforcement departments.

Chapter III Law Enforcement Norms

Article 16

The UMLEO shall be employed through the city-wide unified recruiting system with open examination and strict inspection, and selected on the basis of qualification. They shall acquire the administrative law enforcement qualification by taking the unified training on legal and professional knowledge and passing the examinations before obtaining the administrative law enforcement certificate. Those who fail to get the certificate shall not carry out administrative law enforcement activities.

While carrying out administrative law enforcement activities, the UMLEO shall abide by the provisions of law enforcement procedures, accurately apply the discretion benchmark for administrative penalties, and use a unified format of the legal documents. The Municipal Urban Management Law Enforcement Department shall formulate and make public the provisions of law enforcement procedures, discretion benchmark for administrative penalties and format of the legal documents, etc.

While carrying out administrative law enforcement activities, the UMLEO shall wear uniform and badge, have grave appearance and upright demeanor, speaking in civilized manner with best behavior.

While carrying out administrative law enforcement activities, the UMLEO shall produce their administrative law enforcement certificates; unless the law provides otherwise, more than two enforcers must be present at the site.

Article 17

The UMLED and the sub-district offices and town/township people's governments shall establish and perfect the tour inspection mechanism, and may make use of the urban grid management system to promptly discover, stop and handle violations of the laws, rules and regulations on urban management.

The Municipal Urban Management Law Enforcement Department may organize the district urban management law enforcement departments and the sub-district and town/township comprehensive administrative law enforcement departments to carry out concentrated tour inspection when major activities are being held in this Municipality.

Article 18

The UMLED and the sub-district offices and town/township people's governments may adopt various ways of administrative law enforcement in line with the nature and harmful consequence of the illegal acts.

Article 19

The UMLEO, while investigating and handling illegal acts, may adopt the following measures:

1. to enter according to law the place where an illegal act has taken place to carry out on-the-spot inspection, and make written record of inspection;

2. to collect field-evidence by way of survey, photo taking, sound and video recording;

3. to collect electronic data, audio-visual materials and other evidences according to law with intelligent facilities and equipment；

4. to inquire the party and the witness of a case, and make written record of inquiry;

5. to consult, collect, photocopy the documentation related to the illegal act; and

6. other measures provided by laws and rules.

The UMLEO, the party and the witness shall sign or seal the written record. If the party refuses to sign or seal or is absent, the uninterested witness shall sign or seal the written record; in case of no witness, the UMLEO shall give a description.

Article 20

The UMLEO shall make investigation and evidence collection in a comprehensive, objective, impartial way, and in conformity with the legal procedures, and shall not collect evidence by illegal means such as lure, trick, threat and violence, and shall not falsify or conceal evidence.

Evidence collected by illegal means shall not be taken as the basis for affirming law-breaking facts.

Article 21

The UMLED and the sub-district offices and town/township people's governments, while investigating and handling illegal acts, may, according to law, detain the articles related to the illegal acts.

While taking the detainment measure, the UMLED and the sub-district offices and town/township people's governments shall conform to the conditions, procedures and time limit provided by laws and rules.

After taking the detainment measure, the UMLED and the sub-district offices and town/township people's governments shall promptly find out the facts and make decision on disposal within the legal time limit. In case of no illegal act found or no detainment need after investigation, the distress warrant shall be released and the detained articles returned.

The UMLED and the sub-district offices and town/township people's governments shall confiscate the illegal articles that shall be confiscated according to law when investigating and dealing with the law-breaking acts if the facts of law-breaking are clear. The illegal articles confiscated according to law by the UMLED and the sub-district offices and town/township people's governments shall be auctioned in public as required by the State or be dealt with according to the relevant provisions of the State except for those shall be destroyed, the sums of money gained shall be turned over to the national treasury as required.

Article 22

The UMLED and the sub-district offices and town/township people's governments shall properly keep the articles detained, shall not use or damage it, and shall transfer the illegal articles, if any, to the relevant department for disposal.

If the articles detained is perishable, the UMLED and the sub-district offices and town/township people's governments shall notify the concerned party to accept disposal at the designated place within two days; in case of no disposal accepted within the prescribed time limit, the articles detained may be auctioned or sold after being registered; what can not be auctioned or sold may be destroyed after evidence is preserved.

After the distress warrant is released, the UMLED and the sub-district offices and town/township people's governments shall notify the concerned party to make prompt claim. If the concerned party fails to make a claim within the prescribed time limit or if it is difficult to find out the party concerned, the UMLED and the sub-district offices and town/township people's governments shall make a timely notice of claim, and in case no claim is made within 60 days after the notice publication, the UMLED and the sub-district offices and town/township people's governments may properly handle the articles detained by way of auction, and sale, and the money thus gained shall be turned over to the State Treasury as provided.

Article 23

In carrying out the administrative law enforcement activities, the UMLED and the sub-district offices and town/township people's governments shall handle the articles left by the concerned party on the spot, according to the provisions of Article 22 of these Regulations.

Article 24

If the UMLED and the sub-district offices and town/township people's governments make administrative acts, they shall inform the concerned party about the contents, facts, reasons, and basis for the administrative acts performed, and of the right the concerned party is to enjoy according to law to make a statement, defend itself, ask for hearing, apply for administrative reconsideration or bring an administrative lawsuit.

If the facts, reasons or evidences put forward by the concerned party in making statement or explanation are established, the UMLED and the sub-district offices and town/township people's governments shall accept them, and shall not give an aggravated punishment because of the defence made by the concerned party. The UMLED and the sub-district offices and town/township people's governments shall organize a hearing if the hearing conditions are met.

The UMLED and the sub-district offices and town/township people's governments shall strictly implement the administrative law enforcement publication system, the recording system of the whole process of law enforcement, and the legal review system of major law enforcement decisions.

Article 25

The UMLED and the sub-district offices and town/township people's governments shall serve legal documents personally, by retention, by mail or by public notice as provided by law. In case of service by public notice, the UMLED and the sub-district offices and town/township people's governments may make use of the government websites or bulletin boards. The service shall be deemed to have been made on the thirtieth day after the issuing date of the public notice.

Where the party agrees with it and signs a confirmation letter, the UMLED and the sub-district offices and town/township people's governments may serve the written decision on administrative penalty on the party by fax, e-mail, and other means.

The UMLED and the sub-district offices and town/township people's governments shall make public its websites and bulletin boards.

Article 26

The UMLED and the sub-district offices and town/township people's governments shall make a decision on administrative penalty within 90 days of the date of filing a case; where an administrative penalty decision fails to be made within the prescribed time limit due to complicated case circumstances, the person in charge of the UMLED and the sub-district offices and town/township people's governments may approve an extension of 30 days; where a penalty decision still fails to be made upon extension due to specially complicated case facts or other special circumstances, the person in charge of the UMLED and the sub-district offices and town/township people's governments shall collectively discuss and decide whether to continue the extension, and shall concurrently determine the reasonable time limit for extension, the extension shall not exceed 60 days, except as otherwise prescribed by the laws, rules, and regulations.

Article 27

The UMLED and the sub-district offices and town/township people's governments shall establish an offence reporting system, and make public the citywide unified report telephone and other ways of contact.

After accepting a report, the UMLED and the sub-district offices and town/township people's governments shall make a timely investigation and inform the reporter of the investigation situation within five working days; if the case goes beyond their unit’s duty, the UMLED shall explain to the reporter and refer the case to relevant department within three working days.

The UMLED and the sub-district offices and town/township people's governments shall keep secret for the reporter.

Chapter IV Law Enforcement Cooperation

Article 28

Relevant administrative departments shall perform their administrative duties, and enhance the cooperation with the UMLED and the sub-district offices and town/township people's governments, and take the guiding measures to prevent and reduce the occurrence of violations from the source.

Article 29

The UMLED and the sub-district offices and town/township people's governments shall refer promptly to the relevant administrative departments any illegal act found in law enforcement activities that shall be handled by the relevant departments. Relevant administrative departments shall promptly refer to the UMLED and the sub-district offices and town/township people's governments any illegal act found in law enforcement activities that shall be handled by the UMLED and the sub-district offices and town/township people's governments. The illegal items and goods involved in the case to be referred shall be transferred at the same time.

The UMLED and the sub-district offices and town/township people's governments and relevant administrative departments shall not, without any justified reason, refuse to accept the case referred and relevant goods, and shall, upon making a disposal decision, notify the department that referred the case in a timely manner.

Article 30

If the UMLED and the sub-district offices and town/township people's governments need to inquiry of the relevant administrative department about relevant information for investigating and handling illegal acts, the relevant administrative departments shall provide cooperation in accordance with relevant laws and rules.

If the UMLED and the sub-district offices and town/township people's governments need to have the illegal acts and illegal goods identified by the relevant administrative departments for investigating and handling illegal acts, they shall issue a letter of assistance. Relevant administrative departments shall make written comments within ten days from the date of receiving the letter of assistance; if extension is needed due to complicated situations, a written explanation with a definite response date shall be given to the UMLED and the sub-district offices and town/township people's governments.

Article 31

If the UMLED and the sub-district offices and town/township people's governments, while carrying out major special law enforcement actions in urban management, need the assistance of relevant administrative departments, the latter shall provide assistance within their duty according to law; and if the latter needs the assistance of the former, the former shall provide assistance within its duty according to law.

Article 32

The public security organs and the UMLED and the sub-district offices and town/township people's governments shall establish the coordination and cooperation mechanism.

The public security organs shall guarantee the administrative law enforcement activities of the UMLED and the sub-district offices and town/township people's governments according to law, and shall promptly stop the obstruction to the UMLEO performing their official duties according to law; they shall give punishment according to law for violations of the Law of the People’s Republic of China on Penalties for Administration of Pubic Security; and shall prosecute the criminal liability according to law where a crime is constituted by use of violence or threats.

The district public security organs shall appoint the specific forces, make clear job responsibilities, perfect the mechanism of joint performance of duties and law enforcement actions, cooperate with the urban management law enforcement departments, sub-district offices and town/township people's governments within their own administrative areas to carry out the comprehensive administrative law enforcement work in the fields of information sharing, joint law enforcement and transferring cases.

Article 33

The municipal and district people's governments shall take measures to urge the UMLED and the sub-district offices and town/township people's governments as well as relevant administrative departments to establish and perfect the urban management and law enforcement information sharing mechanism, so as to push ahead information exchange and resources sharing.

The UMLED and the sub-district offices and town/township people's governments shall notify the relevant administrative departments of the administrative penalties imposed and problems found, and raise suggestions on management; the relevant administrative departments shall promptly notify the UMLED and the sub-district offices and town/township people's governments of information on administrative licensing, supervision and management related to comprehensive administrative law enforcement in urban management, so as to guarantee the effective performance of the comprehensive administrative law enforcement work.

Article 34

The municipal and district people's governments shall keep on increasing input in research and development of science and technology for comprehensive administrative law enforcement in urban management, and popularize the application of advanced technologies in the fields of investigation, evidence collection, inspection and detection.

Chapter V Law Enforcement Supervision

Article 35

The municipal and district people's governments shall strengthen the supervision over the comprehensive administrative law enforcement work in urban management, make order for corrections and investigate for administrative liability if the UMLED and the sub-district offices and town/township people's governments do not perform their duties according to law.

Article 36

The Municipal Law Enforcement Department shall establish the unified systems of law enforcement training, posts exchange, supervision and check, responsibility investigation, appraisal and examination.

The UMLED and sub-district offices and town/township people's governments shall carry out the responsibility system for administrative law enforcement, and strengthen the construction and management of law enforcement contingents in terms of standardization and institution. Those who fail to pass the appraisal or examination shall not engage in administrative law enforcement activities.

Where the district law enforcement departments or the law enforcement officers have violations of the law or breaches of discipline that are serious with major social influence, the Municipal Law Enforcement Department may propose investigation and punishment to the district people's governments.

Where the sub-district and town/township comprehensive administrative law enforcement departments or the law enforcement officers have serious violations against the law or disciplines with major social influences, the district law enforcement departments may propose investigation and punishment to the sub-district offices and town/township people's governments.

Article 37

Upon finding the UMLED and sub-district offices and town/township people's governments illegally enforcing a law, the relevant administrative departments may put forward written suggestions to the UMLED and sub-district offices and town/township people's governments. The latter shall make timely investigations after receiving the written suggestions; if things stand true, they shall make corrections and notify the relevant administrative departments.

Article 38

The UMLED and sub-district offices and town/township people's governments shall make public its duty, basis and procedures of urban management comprehensive administrative law enforcement, supervision telephone and other matters, and accept social supervision.

Every citizen, legal person and other organization，upon finding the UMLEO illegally enforcing a law or failing to perform their duties, may report or complain to the employing unit or competent administrative departments of the UMLEO, or to the supervision departments. The departments receiving the report or complaint shall make timely investigation and handling in accordance with their lawful purview, and make timely feedback.

Article 39

The UMLED and sub-district offices and town/township people's governments shall regularly organize social appraisal to evaluate the comprehensive administrative law enforcement work of their own units; if relevant departments organize social appraisal to evaluate the comprehensive administrative law enforcement work of the UMLED and sub-district offices and town/township people's governments, the latter shall give cooperation. The appraisal results shall be made public.

The district law enforcement departments shall strengthen the supervision over the comprehensive administrative law enforcement work of the urban management, organize appraisals, and submit the appraisal results to the corresponding district people’s governments, the sub-district offices and the sub-district offices and town/township people's governments shall take the appraisal results as the basis of their performance assessment.

Article 40

If the UMLED and sub-district offices and town/township people's governments as well as their law enforcement officers are found in any one of the following situations, their units, the competent administrative departments at higher level or the supervision organs shall give punishment on the person directly in charge and other persons directly liable; if the wrongful acts constitute a crime, the wrongdoers shall be prosecuted for the criminal liability according to law:

1. failing to investigate and handle the illegal act found, and the case is serious;

2. enforcing the law beyond the official power or in violation of legal procedures, and the case is serious;

3. altering, without authorization, the administrative penalty decision that has been made;

4. enforcing the law by way of violence or threat;

5. damaging deliberately or destroying at random the party's property;

6. withholding or dividing privately the fines or the articles detained, or using the articles detained;

7. extorting or accepting other people’s money and goods; or

8. acts of neglecting duties, abusing power, or engaging in malpractices.

Article 41

If relevant administrative departments violate the provisions of these Regulations and refuse to cooperate in law enforcement, the people’s governments at the same level or the competent administrative departments at the higher level shall make an order for corrections, and circulate a notice of criticism; if the case is serious, penalties shall be imposed on the person directly in charge and other persons directly liable.

Article 42

If the UMLED and sub-district offices and town/township people's governments as well as their law enforcement officers illegally discharge their duties and infringe upon the legitimate rights and interests of citizens, legal persons or other organizations, they shall bear compensation responsibilities in accordance with the law.

Chapter VII Supplementary Provision

Article 43

These Regulations shall be effective as of July 15, 2012.