KYB CHINA(1997年11月17日中华人民共和国国务院令第235号发布 自1998年1月1日起施行)
(Promulgated by Decree No. 235 of the State Council of the People's Republic of China on November 17, 1997, and effective as of January 1, 1998)
为了实施罚款决定与罚款收缴分离，加强对罚款收缴活动的监督，保证罚款及时上缴国库，根据《中华人民共和国行政处罚法》(以下简称行政处罚法)的规定，制定本办法。
These Measures are formulated in accordance with the provisions of the Administrative Penalty Law of the People's Republic of China (hereinafter referred to as the Administrative Penalty Law) for the purpose of implementing the separation of fine decision and fine collection, strengthening the supervision over fine collection activities, and ensuring that fines are turned over to the state treasury in a timely manner.
罚款的收取、缴纳及相关活动，适用本办法。
These Measures apply to the collection, payment, and related activities of fines.
作出罚款决定的行政机关应当与收缴罚款的机构分离；但是，依照行政处罚法的规定可以当场收缴罚款的除外。
The administrative organ that makes the fine decision shall be separated from the institution that collects the fine; however, this does not apply to fines that may be collected on the spot in accordance with the provisions of the Administrative Penalty Law.
罚款必须全部上缴国库，任何行政机关、组织或者个人不得以任何形式截留、私分或者变相私分。
Fines must be fully turned over to the state treasury, and no administrative organ, organization, or individual may, in any form, intercept, privately divide, or covertly privately divide fines.
行政机关执法所需经费的拨付，按照国家有关规定执行。
The allocation of funds required for the law enforcement of administrative organs shall be carried out in accordance with the relevant provisions of the state.
经中国人民银行批准有代理收付款项业务的商业银行、信用合作社(以下简称代收机构)，可以开办代收罚款的业务。
Commercial banks and credit cooperatives that have been approved by the People's Bank of China to engage in agency payment and collection businesses (hereinafter referred to as collection agencies) may conduct the business of collecting fines on behalf of others.
具体代收机构由县级以上地方人民政府组织本级财政部门、中国人民银行当地分支机构和依法具有行政处罚权的行政机关共同研究，统一确定。海关、外汇管理等实行垂直领导的依法具有行政处罚权的行政机关作出罚款决定的，具体代收机构由财政部、中国人民银行会同国务院有关部门确定。依法具有行政处罚权的国务院有关部门作出罚款决定的，具体代收机构由财政部、中国人民银行确定。
Specific collection agencies shall be uniformly determined by the local people's government at or above the county level, organizing the finance department at the same level, the local branch of the People's Bank of China, and the administrative organs with the power to impose administrative penalties in accordance with the law. For fine decisions made by administrative organs with the power to impose administrative penalties in accordance with the law that exercise vertical management, such as customs and foreign exchange administration, the specific collection agencies shall be determined by the Ministry of Finance and the People's Bank of China in conjunction with the relevant departments of the State Council. For fine decisions made by relevant departments of the State Council with the power to impose administrative penalties in accordance with the law, the specific collection agencies shall be determined by the Ministry of Finance and the People's Bank of China.
代收机构应当具备足够的代收网点，以方便当事人缴纳罚款。
Collection agencies shall have sufficient collection outlets to facilitate the payment of fines by the parties concerned.
行政机关应当依照本办法和国家有关规定，同代收机构签订代收罚款协议。
Administrative organs shall, in accordance with these Measures and the relevant provisions of the state, sign agreements with collection agencies for the collection of fines on their behalf.
代收罚款协议应当包括下列事项：
The agreement for the collection of fines on behalf of others shall include the following items:
(一)行政机关、代收机构名称；
(1) The names of the administrative organ and the collection agency;
(二)具体代收网点；
(2) The specific collection outlets;
(三)代收机构上缴罚款的预算科目、预算级次；
(3) The budget account and budget level for the collection agency to turn over fines to the state treasury;
(四)代收机构告知行政机关代收罚款情况的方式、期限；
(4) The method and time limit for the collection agency to inform the administrative organ of the collection of fines;
(五)需要明确的其他事项。
(5) Other matters that need to be clarified.
自代收罚款协议签订之日起15日内，行政机关应当将代收罚款协议报上一级行政机关和同级财政部门备案；代收机构应当将代收罚款协议报中国人民银行或者其当地分支机构备案。
Within 15 days from the date of signing the agreement for the collection of fines on behalf of others, the administrative organ shall report the agreement to the administrative organ at the next higher level and the finance department at the same level for record; the collection agency shall report the agreement to the People's Bank of China or its local branch for record.
行政机关作出罚款决定的行政处罚决定书应当载明代收机构的名称、地址和当事人应当缴纳罚款的数额、期限等，并明确对当事人逾期缴纳罚款是否加处罚款。
The written decision on administrative penalty made by the administrative organ imposing the fine shall state the name and address of the collection agency, the amount of the fine to be paid by the party concerned, the time limit, and clearly indicate whether an additional fine will be imposed for overdue payment.
当事人应当按照行政处罚决定书确定的罚款数额、期限，到指定的代收机构缴纳罚款。
The party concerned shall, in accordance with the amount of the fine and the time limit determined in the written decision on administrative penalty, go to the designated collection agency to pay the fine.
代收机构代收罚款，应当向当事人出具罚款收据。
When collecting fines on behalf of others, the collection agency shall issue a fine receipt to the party concerned.
罚款收据的格式和印制，由财政部规定。
The format and printing of the fine receipt shall be prescribed by the Ministry of Finance.
当事人逾期缴纳罚款，行政处罚决定书明确需要加处罚款的，代收机构应当按照行政处罚决定书加收罚款。
If the party concerned pays the fine after the time limit and the written decision on administrative penalty clearly requires an additional fine, the collection agency shall impose an additional fine in accordance with the written decision on administrative penalty.
当事人对加收罚款有异议的，应当先缴纳罚款和加收的罚款，再依法向作出行政处罚决定的行政机关申请复议。
If the party concerned has objections to the additional fine, it shall first pay the fine and the additional fine, and then apply for administrative reconsideration to the administrative organ that made the administrative penalty decision in accordance with the law.
代收机构应当按照代收罚款协议规定的方式、期限，将当事人的姓名或者名称、缴纳罚款的数额、时间等情况书面告知作出行政处罚决定的行政机关。
The collection agency shall, in accordance with the method and time limit stipulated in the agreement for the collection of fines on behalf of others, inform the administrative organ that made the administrative penalty decision in writing of the name of the party concerned, the amount of the fine paid, the time, and other circumstances.
代收机构应当按照行政处罚法和国家有关规定，将代收的罚款直接上缴国库。
The collection agency shall, in accordance with the Administrative Penalty Law and the relevant provisions of the state, directly turn over the fines collected on behalf of others to the state treasury.
国库应当按照《中华人民共和国国家金库条例》的规定，定期同财政部门和行政机关对帐，以保证收受的罚款和上缴国库的罚款数额一致。
The state treasury shall, in accordance with the provisions of the Regulations of the People's Republic of China on the State Treasury, regularly reconcile accounts with the financial departments and administrative organs to ensure that the fines received and the fines turned over to the state treasury are consistent.
代收机构应当在代收网点、营业时间、服务设施、缴款手续等方面为当事人缴纳罚款提供方便。
The designated collection agency shall provide convenience for the parties to pay fines in terms of collection outlets, business hours, service facilities, payment procedures, etc.
财政部门应当向代收机构支付手续费，具体标准由财政部制定。
The financial department shall pay handling fees to the designated collection agency, and the specific standards shall be formulated by the Ministry of Finance.
法律、法规授权的具有管理公共事务职能的组织和依法受委托的组织依法作出的罚款决定与罚款收缴，适用本办法。
These Measures shall apply to the fine decisions and fine collection made by organizations authorized by laws and regulations to manage public affairs and organizations lawfully entrusted to do so.
本办法由财政部会同中国人民银行组织实施。
These Measures shall be implemented by the Ministry of Finance jointly with the People's Bank of China.
本办法自1998年1月1日起施行。
These Measures shall come into force as of January 1, 1998.