Serious Breach Of Promise List Of Interim Measures For The Management Of

Original Language Title: 严重违法失信企业名单管理暂行办法

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  (Announced December 30, 2015, the State administration for industry and commerce, 83rd)

First in order to enhance credibility in serious breach of corporate management, promoting law and honesty and self-discipline of enterprise, expanding the social supervision, in accordance with the interim regulations on information publicity and other laws and regulations, these measures are formulated.

Second serious breach of promise enterprises in these measures refers to violation of Administration for industry and commerce laws, administrative regulations, and the circumstances are serious business.

Third serious breach of promise in these measures list of enterprise management refers to the enterprise implementation of the inclusion of serious breach of promise list credit constraint, Department of corrections, and through the business credit information publicity system to the public.

The fourth section of the State administration for industry and commerce is responsible for directing, organizing the country's credibility in serious breach of list management work.

Industrial and commercial administrative departments at and above the county level shall be responsible for the area of credibility in serious breach of list management work.

Industrial and commercial administrative departments in these measures, including the fulfilment of market supervision and Management Department of the industrial and commercial administrative function.

Fifth business has one of the following circumstances, industry and commerce administration departments at or above the county level included in the list of serious breach of promise enterprises management:

(A) be included in the management exception list 3 years still has not implemented its obligations;

(B) submission of false information or other fraudulent means to hide important facts, a company change or cancellation of registration, revocation of registration;

(C) the Organization of planning marketing or because schemes facilitate the administrative punishment of more than three times within two years;

(D) the direct violation was more than three times within two years of administrative penalties;

(V) acts of unfair competition by more than three times within two years of administrative penalties;

(Vi) providing commodities or services protect personal and property safety requirements are not met, resulting in personal injuries and other serious offences against the interests of consumers, was more than three times within two years of administrative penalties;

(VII) for publishing false advertising was more than three times within two years of administrative punishment, or publishing false advertising of goods or services of life and health of consumers, resulting in personal injury or other serious social adverse effects;

(VIII) due to trademark infringement within five years is more than twice of administrative penalties;

(I) decided to stop accepting trade mark agency business;

(J) other violations of the provisions of the State administration for industry and commerce administration of industry and commerce laws, administrative regulations, and the circumstances are serious.

Enterprises that violate the industrial and commercial administrative law, administrative regulations, and the preceding paragraph (c) to (h) provision one of today are more than three times within two years of administrative penalties, included in the list of serious breach of promise enterprises management.

Sixth the State administration for industry and commerce or the province, autonomous region, municipality directly under the administration of industry and commerce is responsible for the way the fifth paragraph (a) provides lists of corporate credibility in serious breach of corporate in and out of work.

Registered with the industrial and commercial administrative departments at and above the county level are responsible for the first paragraph of this article fifth paragraph (b) to (j) and circumstances set forth in the second paragraph of the enterprise's credibility in serious breach of business listings in and out of work. Seventh industrial and commercial administrative departments of companies included in the list of serious breach of promise enterprises, should be included in the decision.

Included in the decision shall include the business name, uniform social credit code/registration number, include dates, reasons for include, right relief terms and approaches, decision authority.

Eighth article enterprise has this approach fifth article first paragraph subsection (a) items provides case of, business administration sector should in enterprise was included business exception directory full 3 years Qian 60 days, through enterprise credit information publicity system to announcement way tips its perform related obligations; full 3 years still not perform related obligations of, since expires of day up 10 a days within will its included serious illegal promise enterprise list.

Enterprise approaches the fifth paragraph (b) to (j) and the provisions of the second paragraph, administration for industry and commerce shall be related information in enterprises ' credit information within 10 working days from the date of publication of the public system be included in the list of serious breach of promise enterprises.

Nineth enterprises were included in the list of serious breach of promise enterprises for 5 years after the date article fifth case, have jurisdiction over the administration of industry and Commerce Department out of the serious breach of promise list. Administration of industry and commerce enterprises in accordance with the provisions of the preceding paragraph be removed from list of serious breach of promise enterprises, moved out of the decision should be made, and through the business credit information publicity system to the public.

Moved out of the decision shall include the business name, uniform social credit code/registration number, out of date, out of the subject matter, the decision bodies.

The tenth article in accordance with the first paragraph of the article fifth (a) the provision has been included in the list of serious breach of promise enterprises, industrial and commercial administrative departments shall, from the date of application made within 5 working days out of the decision.

In accordance with the first paragraph of this article fifth subparagraph (b) to (j) and the second paragraph was included in the list of serious breach of promise enterprises, industrial and commercial administrative department shall be included in the list of serious breach of promise enterprises within 5 working days from the date of expiry made out of the decision. 11th enterprises to be included in the list of serious breach of promise enterprises has objections, from the date of publication in the 30th to apply to the industrial and commercial administrative departments in writing of the decision and submit the relevant supporting material, industrial and commercial administrative department shall, within 5 working days to decide whether to accept.

To be admissible, shall verify within 20 working days, and inform the applicant in writing the verification results; inadmissible, will not be accepted to inform the applicant in writing of the reasons for it.

Industrial and commercial administrative departments discovered through verification the inclusion of corporate credibility in serious breach of business list error, shall be verified within 5 working days from the date to be corrected.

12th be added credibility in serious breach of administrative punishment decision is revoked on the basis of the list of enterprises, industrial and commercial administrative departments shall administrative punishment decision within 30 working days from the date of revocation to move the enterprise credibility in serious breach of business listings.

13th industrial and commercial administration departments at all levels to be included in the list of serious breach of promise enterprises implement the following management:

(A) the supervision and management as a key object;

(B) in accordance with the first paragraph of the article fifth (a) the provision has been included in the list of serious breach of promise enterprises of the legal representative of the enterprise, person in charge, 3 years, responsible person of the legal representative of the other enterprise;

(C) not through the "Shou contract re-credit" Enterprise publicity activities Declaration eligibility;

(D) not to grant honorary titles.

14th industrial and commercial administrative departments should be included in the list of serious breach of promise enterprises in public information on the information recorded in the enterprise, and through the business credit information publicity system of publicity.

Industrial and commercial administrative departments shall list of serious breach of promise enterprises information Internet sharing with other government departments, the implementation of the joint disciplinary. 15th article in accordance with the first paragraph of the article fifth (a) the provision has been included in the list of serious breach of promise enterprises of the legal representative of the enterprise, person in charge, has other, responsible person of the legal representative of the enterprise, the company shall handle the registration, responsible person of the legal representative changes. Through the registration of residence (place of business) cannot be contacted, the company shall handle the residence (place of business) changes.

Heads of enterprises concerned not to handle the legal representative, the alteration or residence (place of business) change of registration, administration for industry and commerce shall be investigated and dealt with according to law.

16th enterprise was in and out of serious breach of promise list decision, may apply for administrative reconsideration or bring an administrative suit.

17th industrial and commercial administrative departments did not perform their duties in accordance with the relevant provisions of the measures, 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.

18th credibility in serious breach of style related to list management instruments formulated by the State administration of industry and commerce.

19th article online trading illegal credit management, formulated by the State administration for industry and Commerce otherwise.

The 20th article of the approach by the State administration for industry and commerce is responsible for the interpretation. 21st article this way come into force April 1, 2016.

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