Provisional Regulations On Information Publicity Of Administrative Punishment Of Industry And Commerce

Original Language Title: 工商行政管理行政处罚信息公示暂行规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398594.shtml

Provisional Regulations on information publicity of administrative punishment of industry and Commerce (August 19, 2014 National Business Administration General makes 71st, announced since October 1, 2014 up purposes) first article for implement implementation State registered capital registration system reform programme, further change market regulatory way, strengthened market subject credit regulatory, promote social total rule, maintenance fair competition of market order, according to People's Republic of China administrative punishment method, and enterprise information publicity interim regulations, and People's Republic of China Government information public Ordinance

    And other laws and regulations and the relevant provisions of the State Council, these provisions are formulated. Second general industrial and commercial administrative departments administrative penalties decided the procedures of relevant information should be open to the public.

    Publication information including summaries written decision of administrative penalty and administrative penalty information.

    Third public industrial and commercial administrative departments administrative penalties information shall follow the principle of lawfulness, objective, timely, standardized. Fourth industrial and commercial administrative departments should be strictly in accordance with the relevant provisions of regulations on the administration of industry and Commerce administrative penalty procedures make a written decision of administrative penalty, and making administrative penalty before the information summary annexed to the written decision of administrative penalty.

    Administrative penalty summary information includes: administrative penalties administrative penalty decision number, parties are, offence types, administrative penalties, administrative penalty decisions the Executive name and date. Fifth industrial and commercial administrative departments shall, in accordance with the People's Republic of China's State secrets law and the relevant provisions of other laws and regulations, establish and improve the information security review mechanism of administrative penalty.

    Publication information of administrative penalty shall not divulge State secrets, must not jeopardize national security, public safety, economic security and social stability. Sixth public industrial and commercial administrative departments administrative penalties information, the content should be deleted business secret and the residence of natural persons (except as consistent with the undertakings), means of communication, identity card number, bank account and other personal information.

    Industrial and commercial administrative departments need to be publicized, shall be submitted to the superior industrial and commercial administration departments for approval.

    Seventh public industrial and commercial administrative departments of the written decision of administrative penalty, except in accordance with the requirements of article sixth deletion process than content with consistent administrative penalty served on the parties by written decision of administrative penalty.

    Article eighth when the written decision of administrative penalty, and industrial and commercial administrative departments shall notify the administrative penalties administrative penalty information the parties will open to the public.

    Nineth administrative departments for industry and commerce registration of various types of enterprises according to law, self-employed, farmers ' specialized cooperatives and other general procedures administrative penalty decision-related information should be made through the corporate credit information publicity system to the public.

    Administrative penalty decisions of the tenth Administration for industry and Commerce and party registration authority of administrative penalty in the same provinces, autonomous regions and municipalities, made the decision on administrative penalty of administrative departments for industry and commerce shall make the decision on administrative penalty or administrative punishment decision within 20 working days from the date of the change information of administrative punishment by the province, autonomous region, municipality directly under the administration of industry and commerce business credit information publicity system for public notification. 11th article made administrative punishment decided of business administration sector and administrative punishment party registration organ is not same province, and autonomous regions, and municipalities of, made administrative punishment decided of business administration sector should since made administrative punishment decided or administrative punishment decided change of day up 10 a days within through this province, and autonomous regions, and municipalities business administration sector will administrative punishment information sent to party registration organ where of province, and autonomous regions, and municipalities business administration sector,

    Assisted by its receipt of information administrative penalties administrative penalty within 10 working days from the date of public information through its enterprise credit information system for public notification. 12th administrative penalty decision appeared due to administrative review, administrative litigation or for some other reason is change, revoke or confirm the law be changed to, enterprise credit information should be labeled in a striking manner in the public system.

    Marking includes alter, revoke or confirm the illegal decision-making bodies, such as name, contents, date and other relevant information. 13th industrial and commercial administrative departments found that the publicity of administrative punishment information is not accurate and should be corrected in a timely manner.

    Citizens, legal persons or other organizations there is evidence that the administrative departments for industry and Commerce announced administrative punishment information is not accurate, the authority to request the administration of industry and commerce be corrected.

    14th administrative penalty since the expiry of 5 years from the date of publication of information, recorded in the credit information publicity system, but is no longer published.

15th no province, autonomous region, municipality directly under the administration of industry and Commerce departments should promptly improve business credit information in accordance with the public announcement system, providing easy retrieval, search, retrieval, public access to information on administrative punishments.

    Each province, autonomous region, municipality directly under the administration of industry and commerce should quickly improve the case management system to ensure data accuracy and integrity.

Article 16th except in accordance with these provisions Nineth article publicity through enterprise credit information system for public notification, but other applicable general procedures administrative penalty decision-related information should be made through the portal site or dedicated Web site be publicized.

    Industrial and commercial administration departments through the portal site or dedicated Web site publicity made in this sector, such as the types of administrative penalty case information. 17th industrial and commercial administrative departments should strictly carry out public information duties of administrative penalty in accordance with the "who's who entry, who is in charge of handling and" establish the principle of public internal audit and management information system in administrative punishment. Handling bodies should timely and accurate input information on administrative punishments.

    Responsible for the corporate credit information publicity of institution information publicity of administrative penalty should be strengthened daily management and coordination.

18th the State administration for industry and commerce is responsible for guiding and supervising local administration for industry and Commerce administrative penalty information publicity work, establish business credit information publicity system public administrative penalty information about standards and technical requirements.

    Each province, autonomous region, municipality directly under the administration of industry and commerce is responsible for organizing, guiding, supervising district administration for industry and Commerce at various levels within the administrative penalty is public information, and in accordance with these provisions combined with practical work to develop the implementation details.

    19th industrial and commercial administrative departments did not perform their duties in accordance with the relevant provisions of this and the upper-level administration for industry and commerce shall order rectification in serious cases, the persons in charge and other persons directly responsible shall be dealt with in accordance with the relevant provisions.

    20th the citizens, legal persons or other organizations for administrative punishment in public information, in accordance with the People's Republic of China Government information disclosure regulations and the provisions of relevant laws and regulations.

    Article 21st by the State administration for industry and commerce is responsible for the interpretation of these provisions.

    22nd article of the regulations come into force on October 1, 2014.

Annex 1: information publicity of administrative penalty document format
Administrative penalty summary
_______________________________________________________ |                                  Written decision of administrative penalty number |
|
|______________________ ________________________________|        | | Personal |                        Name (name) |
|        |      |
|______________|________________________|        |      |    |                        Registration number | 
|
|行政处罚|______|______________|________________________|      | Party |     |                        Name |       
|      | |
|______________|________________________|        |      |    |                        Registration number |
|        |      |
|______________|________________________|        | |              Unit |                        |
|        |      |   |                        Legal representative |
|        |      |                        | (Owner) name |
|
|_______ |______|______________|________________________|                        | Offence types |
|
|______________________________|________________________|                        Administrative penalties | |
|
|______________________________|________________________|                        Make administrative punishment decision | name |
|
|______________________________|________________________|                        Make administrative punishment decision | date |
|



|______________________________|________________________|

_______________ Administration for industry and Commerce administrative punishment decision letter business ______ ______ (______) ______, (a) the name or title, address and other basic information;

(B) the facts and evidence of the violation of laws, rules or regulations;

(C) the content and basis for administrative penalty;

(D) adopt and defend themselves and reasons stated by the parties;

(E) the method and duration of administrative penalties;

(Vi) administrative penalty decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;

    (G) industrial and commercial administrative organs the administrative punishment decision made the name and the date of the decision on administrative penalty.

              Annex 2: public information informed of administrative penalty

Public information informed of administrative punishment of industry and Commerce

According to the provisional regulations on information publicity and the State administration for industry and Commerce of the provisional regulations on information publicity of administrative punishment of industry and Commerce of the relevant provisions, the Board will adopt the corporate credit information disclosure systems, portals, specialized websites and other publicity information of administrative punishment. By procuration.