These Measures are formulated in accordance with the "Interim Regulations on Enterprise Information Disclosure" and other laws and regulations. The following is the full text of the Interim Measures for the Management of the List of Seriously Illegal and Untrustworthy Enterprises that I have carefully compiled for your reference only. Article 1 In order to strengthen the management of seriously illegal and dishonest enterprises, promote enterprises' law-abiding operations and integrity and self-discipline, and expand social supervision, these Measures are formulated in accordance with the "Interim Regulations on Enterprise Information Disclosure" and other laws and regulations. Article 2 The term "seriously illegal and untrustworthy enterprises" as mentioned in these Measures refers to enterprises that violate industrial and commercial administrative laws and administrative regulations with serious circumstances. Article 3 The term "list management of seriously illegal and untrustworthy enterprises" as mentioned in these Measures refers to the implementation of credit constraints and joint departmental punishment for enterprises included in the list of serious illegal and untrustworthy enterprises, and publicizing them to the public through the enterprise credit information disclosure system. Article 4 The State Administration for Industry and Commerce is responsible for guiding and organizing the management of the national list of seriously illegal and untrustworthy enterprises. The industrial and commercial administrative departments at or above the county level are responsible for the management of the list of seriously illegal and untrustworthy enterprises within their jurisdiction. The term "industrial and commercial administrative departments" as mentioned in these Measures includes market supervision and management departments that perform industrial and commercial administrative functions. Article 5 If an enterprise has any of the following circumstances, the industrial and commercial administration department at or above the county level will be included in the list of enterprises with serious illegal activities and untrustworthy conduct for management:
(1) It has been included in the list of abnormal business operations and has not performed for 3 years. Relevant obligations;
(2) Submitting false materials or using other fraudulent means to conceal important facts, obtaining company changes or deregistration, and having the registration revoked;
(3) Organizational planning Pyramid selling, or receiving administrative penalties more than three times within two years for providing convenient conditions for pyramid selling;
(4) Being subject to administrative penalties more than three times within two years due to illegal direct selling activities;
( 5) Subject to administrative penalties more than three times within two years due to unfair competition;
(6) Serious infringement of consumer rights and interests caused by personal injury caused by the goods or services provided not meeting the requirements for protecting personal and property safety
(7) Those who have received administrative penalties more than three times within two years for publishing false advertisements, or who have published false advertisements for goods or services that are related to the life and health of consumers , causing personal injury or other serious adverse social effects;
(8) Being subject to administrative penalties more than twice within five years due to trademark infringement;
(9) Being decided to stop Accepting trademark agency business;
(10) Other violations of industrial and commercial administrative laws and administrative regulations and the circumstances are serious as prescribed by the State Administration for Industry and Commerce. An enterprise violates industrial and commercial administration laws and administrative regulations, commits any of the acts stipulated in Items
(3) to
(8) of the preceding paragraph, and is subject to administrative penalties three or more times within two years. Those who are punished will be included in the list of serious illegal and untrustworthy enterprises for management. Article 6 The State Administration for Industry and Commerce or the industrial and commercial administration departments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the list of seriously illegal and untrustworthy enterprises that have the circumstances specified in Article 5, Paragraph 1, Item (1) of these Measures. inclusion and removal work. The administrative departments for industry and commerce at or above the county level are responsible for their registration according to the provisions of Article 5, Paragraph 1, Items
(2) to
(10) and Paragraph 2 of these Measures The inclusion and removal of companies in the list of serious illegal and dishonest enterprises. Article 7 If the administrative department for industry and commerce includes an enterprise on the list of enterprises with serious violations of laws and untrustworthy laws, it shall make a decision on the inclusion. The inclusion decision shall include the name of the enterprise, unified social credit code/registration number, date of inclusion, reasons for inclusion, time limit and channels for rights relief, and the decision-making authority. Article 8 If an enterprise has the circumstances specified in Item (1) of Paragraph 1 of Article 5 of these Measures, the industrial and commercial administration department shall, within 60 days before the enterprise is included in the list of abnormal operations, pass a The enterprise credit information disclosure system will remind them to perform relevant obligations in the form of announcements; if they have not performed relevant obligations after 3 years, they will be included in the list of serious illegal and untrustworthy enterprises within 10 working days from the expiration date. If an enterprise falls under the circumstances specified in Items
(2) to
(10) and Paragraph 2 of Paragraph 1 of Article 5 of these Measures, the industrial and commercial administration department shall Within 10 working days from the date the information is published in the corporate credit information publicity system, the company will be included in the list of serious illegal and untrustworthy enterprises. Article 9 If an enterprise does not occur again in the circumstances specified in Article 5 for five years from the date it was included in the list of serious illegal and untrustworthy enterprises, the industrial and commercial administration department with jurisdiction shall remove it from the list of serious illegal and untrustworthy enterprises. If the administrative department for industry and commerce removes an enterprise from the list of seriously illegal and untrustworthy enterprises in accordance with the provisions of the preceding paragraph, it shall make a decision to remove the enterprise and announce it to the public through the enterprise credit information disclosure system. The transfer decision shall include the name of the enterprise, unified social credit code/registration number, date of transfer, reason for transfer, and the authority that made the decision. Article 10 If in accordance with the provisions of Article 5, Paragraph 1, Item (1) of these Measures, the industrial and commercial administrative department shall be included in the list of enterprises with serious violations of laws and untrustworthy laws within 5 working days from the date of application by the enterprise. decision to move out.
In accordance with Article 5, Paragraph 1, Items
(2) to
(10) and Paragraph 2 of these Measures, those who are included in the list of serious illegal and untrustworthy enterprises shall be The administrative department shall make a removal decision within 5 working days from the expiration date of inclusion in the list of seriously illegal and untrustworthy enterprises. Article 11 If an enterprise has objections to being included in the list of seriously illegal and untrustworthy enterprises, it may submit a written application and relevant supporting materials to the industrial and commercial administrative department that made the decision within 30 days from the date of public announcement. The industrial and commercial administrative department shall within 5 A decision will be made within 10 working days on whether to accept the application. If the application is accepted, it shall be verified within 20 working days and the applicant shall be notified of the verification results in writing; if the application is not accepted, the applicant shall be notified in writing of the reasons for not accepting the application. If the industrial and commercial administrative department finds through verification that there is an error in including an enterprise in the list of seriously illegal and untrustworthy enterprises, it shall make corrections within 5 working days from the date of verification. Article 12 If the administrative penalty decision based on inclusion in the list of seriously illegal and untrustworthy enterprises is revoked, the industrial and commercial administrative department shall remove the enterprise from the list of seriously illegal and untrustworthy enterprises within 30 working days from the date of the cancellation of the administrative penalty decision. Article 13 The industrial and commercial administrative departments at all levels shall implement the following management on enterprises included in the list of enterprises with serious violations of laws and untrustworthy laws:
(1) Listed as key supervision and management objects;
( 2) The legal representative and responsible person of an enterprise that is included in the list of seriously illegal and dishonest enterprises in accordance with Article 5, Paragraph 1, Item (1) of these Measures shall not serve as the legal representative or person in charge of other enterprises within 3 years. Representative and person in charge;
(3) Failure to pass the "Abide by Contracts and Value Credit; Enterprise Publicity Activities Application Qualification Review";
(4) Not be awarded relevant honorary titles. Article Article 14 The administrative department for industry and commerce shall record the information included in the list of enterprises with serious violations of laws and untrustworthiness in the public information of the enterprise, and shall uniformly publicize the information on the list of enterprises with serious illegal acts and untrustworthiness through the enterprise credit information disclosure system. Other government departments shall share the information online and implement joint punishments for enterprises listed in the list of serious illegal and dishonest enterprises in accordance with the provisions of Article 5, Paragraph 1, Item (1) of these Measures. If the legal representative or person in charge has served as the legal representative or person in charge of another enterprise, the relevant enterprise shall handle the change registration of the legal representative or person in charge in accordance with the law. If the legal representative or person in charge cannot be contacted through the registered residence (business place), the relevant enterprise shall. Registration of change of domicile (business place) in accordance with the law. If the relevant enterprise fails to register change of legal representative or person in charge or registration of change of domicile (business place), the industrial and commercial administrative department shall investigate and punish the enterprise in accordance with the law. , a decision to remove an enterprise from the list of enterprises with serious violations of laws and untrustworthy laws may be applied for administrative reconsideration or administrative litigation in accordance with the law. Article 17 If the industrial and commercial administrative department fails to perform its duties in accordance with the relevant provisions of these Measures, the industrial and commercial administrative department at the next higher level shall order it to make corrections; If the circumstances are serious, the responsible person in charge and other directly responsible persons shall be dealt with in accordance with relevant regulations. Article 18 The relevant document format for the management of the list of companies with serious violations of laws and untrustworthiness shall be formulated by the State Administration for Industry and Commerce. Article 19 Online transactions. The management measures for illegal and untrustworthy conduct shall be formulated separately by the State Administration for Industry and Commerce. Article 20 The State Administration for Industry and Commerce shall be responsible for the interpretation of these measures. p>
Legal basis:
"Measures of the People's Republic of China for the Administration of the List of Serious Illegal Violators and Untrustworthy Persons in the Market Supervision and Administration of the People's Republic of China"
Article 4 The market supervision and administration department shall follow the regulations Share information on the list of serious illegal and untrustworthy persons with other relevant departments, and implement joint punishments in accordance with laws, administrative regulations and policy documents of the Party Central Committee and the State Council. Article 9 commits the following illegal acts that undermine the order of fair competition and disrupt the market order, and are considered Those who fall under the circumstances specified in Article 2 of these Measures will be included in the list of serious illegal and untrustworthy persons:
(1) Infringement of trade secrets, commercial defamation, organization of false transactions and other unfair competition behaviors that seriously undermine the order of fair competition;
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(2) Intentionally infringing on intellectual property rights; submitting abnormal patent applications and malicious trademark registration applications to harm the interests of the public; engaging in serious illegal patent and trademark agency behavior;
(3) Price collusion, low-price dumping, and price gouging; failure to implement government pricing and government-guided prices for goods or services related to the national economy and people's livelihood, and failure to implement price intervention measures and emergency measures in response to emergencies;
( 4) Organize and plan pyramid schemes or provide facilities for pyramid schemes;
(5) Publish false advertisements for goods or services related to consumers’ lives and health;
(6) Other violations of the law , administrative regulations stipulate that illegal activities seriously undermine the order of fair competition and disrupt the order of the market.