Municipal and county (city, district) health committees (bureaus):

In order to standardize the off-site law enforcement work in the health field of our province, improve the efficiency of law enforcement, and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the Administrative Punishment Law of the People's Republic of China, the Regulations on Optimizing the Business Environment and other provisions, and in combination with the actual health off-site law enforcement work in our province, our Commission has formulated the Zhejiang Provincial Health off-site Law Enforcement Measures, It is hereby printed and distributed to you for compliance.

Zhejiang Provincial Health Commission

December 29, 2023

(Form of information disclosure: active disclosure)

Measures of Zhejiang Province on Health Off site Law Enforcement

Chapter I General Provisions

Article 1 In order to standardize the off-site law enforcement in the health field of our province, improve the efficiency of law enforcement, and protect the legitimate rights and interests of citizens, legal persons and other organizations, the Measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Regulations on Optimizing the Business Environment and other provisions, and in combination with the actual situation of off-site law enforcement in health in our province.

Article 2 The off-site law enforcement referred to in these Measures refers to the non-contact supervision and law enforcement activities carried out by the health authorities at all levels in Zhejiang Province and their entrusted health supervision agencies (hereinafter referred to as the health authorities) through the application of modern technologies and equipment, through online monitoring, intelligent image analysis, big data analysis, electronic delivery and other means.

Article 3 When carrying out off-site law enforcement work, health departments and law enforcement personnel should follow the principles of legality, rationality, openness, impartiality, efficiency and convenience, combining punishment with education, and fully protect the legitimate rights and interests of administrative counterparts.

Article 4 Health departments should gradually improve the off-site law enforcement mechanism, actively promote the application and innovation of off-site law enforcement methods, and explore and improve the informatization of off-site law enforcement equipment in law enforcement links such as fixed illegal facts, investigation and evidence collection, case inquiry, administrative counterpart statement and defense, and document delivery.

Article 5 The health departments can purchase and coordinate off-site law enforcement equipment according to law through government procurement or other means.

The health department shall provide necessary financial support for technology research and development, equipment procurement and maintenance required for off-site law enforcement.

Article 6 For the administrative counterpart who has installed off-site law enforcement equipment and implemented the main responsibility of self supervision, the health department can reduce the proportion of provincial random inspection objects or no longer include them in the key supervision objects. For the inspection content that can be covered by off-site law enforcement, it can no longer carry out on-site inspection.

Article 7 Health departments, off-site law enforcement equipment operators and other relevant personnel shall perform their data security protection obligations in accordance with the relevant provisions of the Data Security Law of the People's Republic of China, and shall strictly keep confidential the state secrets, trade secrets, and personal secrets learned in performing their duties, and shall not disclose, sell, or illegally provide them to others.

Chapter II Equipment Specification and Installation

Article 8 Off site law enforcement equipment (including fixed equipment and mobile equipment) and software application systems such as data collection, storage, use, processing, transmission, provision and disclosure shall comply with national or industrial standards, meet the requirements of corresponding regulatory matters, and ensure the integrity, security and stability of data in the process of application, transmission and storage.

Article 9 The off-site law enforcement should try to cover all the regulatory objects in the region in the same type of regulatory matters. If it is objectively impossible to achieve or carry out innovation pilot, the health department should specify the selection criteria of off-site regulatory objects before selecting or adopting the rotation mechanism.

Article 10 The health department shall reasonably determine the location of off-site law enforcement equipment according to the supervision object, supervision content, scope of application, effect and other factors.

Before equipment installation, the health department shall sign an equipment installation confirmation with the administrative counterpart, informing that the equipment records will be used for supervision and law enforcement after equipment installation.

Before the equipment is officially put into use, the location should be announced to the public through the official website of the government or the health department and other ways that are convenient for the public to know.

Article 11 Where the health departments use off-site law enforcement equipment to collect and fix illegal facts in accordance with laws and administrative regulations, they shall go through legal review, which mainly includes:

（1） Whether the setting is legal and reasonable;

（2） Whether the signs are obvious and the place of setting is announced to the public;

（3） Other contents specified by laws, regulations, rules, etc.

Article 12 If the health department collects and fixes the illegal facts by using off-site law enforcement equipment in accordance with the provisions of laws and administrative regulations, it shall go through technical examination, which mainly includes:

（1） Whether the equipment conforms to relevant standards;

（2） Whether the equipment has product quality inspection certificate;

（3） Whether the equipment meets the requirements of regulatory matters;

（4） Other contents specified by laws, regulations, rules, etc.

Article 13 The health departments should actively promote the sharing and application of resources such as the relevant electronic technology monitoring and monitoring, and reduce the duplication of equipment such as electronic technology monitoring and monitoring.

Article 14 Off site law enforcement equipment shall be regularly maintained, serviced and tested to keep its functions intact.

Article 15 No organization or individual shall intentionally damage, remove, dismantle or cover off-site law enforcement equipment without authorization, or forge, splice, delete, tamper with or destroy original information, data, audio-visual materials, etc.

Chapter III Off site Law Enforcement Norms

Article 16 Encourage administrative counterparts to use off-site law enforcement equipment to carry out self-examination and self-discipline, and improve the working mechanism of real-time monitoring, early warning, prevention and control, regular self-examination, and timely rectification of key links.

The administrative counterpart shall timely carry out self-examination and implement rectification after receiving the prompt information of violation of laws and regulations.

Article 17 If the health department discovers that the administrative counterpart has committed or is committing an illegal act through off-site law enforcement equipment, it shall immediately use modern information technology or other means to dissuade and educate them, request them to make corrections, and review the corrections in a timely manner.

Article 18 When carrying out off-site law enforcement activities, health departments shall comply with the following requirements:

（1） It shall be conducted by at least two law enforcement personnel with administrative law enforcement qualifications;

（2） Record the subject, content, method and time involved in supervision;

（3） Ensure the content recorded by off-site law enforcement equipment is true, clear, complete and accurate;

（4） Timely inform the regulatory administrative counterpart;

（5） Other contents specified by laws, regulations, rules, etc.

Article 19 If the health departments use off-site law enforcement equipment to carry out law enforcement activities and obtain clues of suspected violations, they should conduct investigation and verification in a timely manner.

If off-site law enforcement cannot meet the entity or procedure requirements specified by laws, regulations and rules, the health department shall carry out on-site law enforcement activities in a timely manner to ensure legal, timely, comprehensive and accurate performance of legal responsibilities.

Article 20 If the electronic data recorded by off-site law enforcement equipment is used as evidence of administrative penalty, the health department shall examine whether the content meets the requirements of objectivity, legality and relevance. If it is not examined or does not meet the requirements after examination, it shall not be used as evidence of administrative penalty.

Article 21 If the clues or evidential materials obtained by the health department through off-site law enforcement equipment are verified to be true after investigation, the health department shall make corresponding decisions on handling according to the facts, nature, circumstances of the illegal act and the degree of social harm.

Article 22 If the recipient agrees and signs a letter of confirmation, the health department can send the relevant administrative law enforcement documents to the administrative counterpart by electronic means such as SMS, fax, e-mail, instant messaging account, Internet application program, etc.

Article 23 If the health department implements off-site law enforcement, it can provide the administrative counterpart with online payment of fines and confiscations, such as the payment QR code generated by the unified public payment platform of Zhejiang Province, and online payment channels of the Zhejiang Provincial Government Affairs Service Network.

Article 24 After the off-site law enforcement files are generated, they shall be filed in a timely manner according to the requirements of file management.

Chapter IV Accountability

Article 25 If the health department and its law enforcement personnel fail to carry out the law enforcement according to the illegal clues obtained from off-site law enforcement equipment, or fail to carry out the law enforcement activities according to the legal procedures stipulated in the working methods and relevant laws and regulations, resulting in harmful consequences or adverse effects, they shall bear the corresponding legal liabilities according to law.

Article 26 If law enforcement activities are carried out in strict accordance with the off-site law enforcement procedures and methods specified in the Measures, and the consequences or adverse effects caused by the failure to achieve comprehensive supervision are handled in accordance with the relevant provisions.

Article 27 If the health department and its staff violate the relevant provisions of these Measures, resulting in serious consequences of data leakage, they shall be held accountable in accordance with the Data Security Law of the People's Republic of China and other provisions.

Article 28 Any citizen, legal person or other organization who intentionally damages, arbitrarily moves, dismantles or blocks off-site law enforcement equipment shall bear the corresponding legal liabilities such as restoring the original state and compensating for losses according to law.

If the administrative counterpart provides false information, conceals and misrepresents information, changes equipment and images without authorization and affects off-site law enforcement, it shall be handled according to the credit supervision regulations, and shall be included in the key supervision scope of the health department according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 29 Local health departments can formulate implementation measures based on local conditions, refine operation procedures, clarify job responsibilities and work systems, and standardize off-site law enforcement.

Article 30 These Measures shall come into force on February 10, 2024, and the Measures of Zhejiang Province on Health Off site Administrative Law Enforcement (for Trial Implementation) (ZWF [2020] No. 30) shall be repealed at the same time.

Link: policy interpretation

Links: illustration

enclosure: Notice of Zhejiang Provincial Health Commission on Printing and Distributing Zhejiang Provincial Health Off site Law Enforcement Measures. pdf