After the administrative penalty is decided, if the party concerned has not fulfilled the administrative penalty, a reminder can generally be made within 60 working days. The laws and regulations based on: "Administrative Enforcement Law of the People's Republic of China".
Legal Analysis
First of all, after the administrative penalty decision is made, it must be served to the parties. Counting from the date of delivery, the parties should pay the fine within 15 days; after the 15 days, the fine must be paid. If the fine is not paid, and the party concerned has not filed an administrative reconsideration or administrative lawsuit, the law enforcement agency will urge the implementation of the administrative decision and issue a reminder notice. After the reminder notice is served, if the party has no objection, within 10 days If the fine is still not paid, then the administrative agency can make a decision on enforcement. The time for making the decision must be 10 days after the reminder notice is served and no more than three months. After the decision on enforcement is made, administrative enforcement can be filed with the court. Execution application. Secondly, the administrative agency applies to the court for compulsory execution, which must be accepted by the court before it can be implemented. After the court makes a decision on whether to accept or reject the application within 5 days after receiving the application, the court must review the decision on whether to proceed with compulsory execution after accepting the application. The time To be made within 7 days. The administrative penalty decision shall be delivered to the party on the spot after the announcement; if the party is not present, the administrative agency shall deliver the administrative penalty decision to the party within seven days in accordance with the relevant provisions of the Civil Procedure Law. If law enforcement officers make an administrative penalty decision on the spot, they shall present their law enforcement identification documents to the parties and fill in a predetermined format and numbered administrative penalty decision letter.
Legal Basis
"Administrative Enforcement Law of the People's Republic of China"
Article 53 The party concerned fails to apply for administrative review within the statutory time limit or If an administrative lawsuit is filed but the administrative decision is not implemented, the administrative agency without administrative enforcement power may apply to the people's court for enforcement within three months from the expiration of the time limit in accordance with the provisions of this chapter.
Article 54: Before applying to the people's court for compulsory execution, the administrative agency shall urge the parties to perform their obligations. If the party concerned has not performed its obligations ten days after the reminder is served, the administrative agency may apply to the people's court with jurisdiction over the location for compulsory execution; if the object of execution is real estate, the administrative agency may apply for compulsory execution to the people's court with jurisdiction over the location of the real estate.