If there is really dishonesty,
Is there any "regret medicine" to eat?
Yes!
From July 1 day, if the credit information of administrative punishment involving general dishonesty and serious dishonesty is applied for repair, the applicant shall submit relevant materials and fulfill the relevant requirements for repair, and the credit websites ("Credit China" website and local credit portal website) shall withdraw the relevant publicity information after the expiration of the shortest publicity period.
Recently, the National Development and Reform Commission (NDRC) in the Notice on Further Improving the Credit Repair Mechanism of Administrative Punishment Information on Credit China Network and Local Credit Portal Websites made specific provisions on the credit repair mechanism of administrative punishment involving dishonesty.
What are the procedures for repairing credit?
For general dishonesty:
Require the applicant to provide relevant identity materials and materials that have fulfilled administrative punishment to the credit website, and make a credit commitment publicly. After verification by the credit website, they will withdraw the relevant publicity information after the shortest publicity period expires.
If the administrative counterpart voluntarily requests the administrative penalty decision organ to carry out credit repair, it shall make a credit repair commitment in public with reference to the requirements for credit website repair. The administrative penalty decision-making organ submits the completion of credit repair through the relevant information system, and after verification by the credit information publicity department, it withdraws the relevant publicity information after the expiration of the shortest publicity period.
In view of serious dishonesty:
In addition to meeting the above-mentioned requirements for the repair of general dishonesty, you should also take the initiative to participate in special training on credit repair and submit a credit report to the credit website. Upon verification by the credit website, after the expiration of the minimum publicity period, you should withdraw the relevant publicity information.
The leading departments of social credit system construction at all levels can jointly hold special training on credit repair with the administrative penalty decision department, or introduce comprehensive credit service institutions with public credit evaluation above "excellent", pilot units of credit reporting institutions or authorized industry associations to hold special training on credit repair. The credit report is issued by the comprehensive credit service institutions and the pilot units of credit reporting institutions with public credit evaluation above "good" level, and enjoys the national credit information sharing platform.
Generally speaking, to complete the repair of credit information, at least three conditions must be met:
◆ First, the applicant fulfilled the administrative penalty decision, corrected the dishonesty and completed effective rectification, which is also the premise of repairing credit.
◆ Second, the applicant has publicly made a credit commitment.
◆ Third, the information on administrative punishment has been publicized in the shortest publicity period of the credit website.
It can be seen that this kind of regret medicine given by the state is not a regret medicine that turns back the clock, but a repentance medicine that can correct mistakes and be kind. Indeed, since dishonesty has occurred, the consequences and effects often need to pay a higher price to recover. Therefore, it is an important measure to ensure that the subject bears the corresponding cost of dishonesty and illegality.
In addition, the Notice also stipulates the minimum publicity period for dishonesty. For general dishonesty, the shortest publicity period on the credit website is 3 months, and the longest publicity period is 1 year from the date of administrative punishment decision. For serious dishonesty, the shortest publicity period is 6 months and the longest publicity period is 3 years. At the same time, when the longest publicity period expires, the credit website will withdraw the relevant information and will not be publicized.
So, can all dishonest behaviors be repaired?
No, these are exceptions!
The "Notice" clearly stipulates that the administrative punishment information of the following serious acts of dishonesty shall be publicized according to the longest publicity period, and shall not be repaired during the publicity period:
1. Information on the administrative punishment of being ordered to stop production or business or revoke the license in the fields of food and medicine, ecological environment, engineering quality, safe production, fire safety and compulsory product certification.
2. Due to bribery, tax evasion and fraud, malicious evasion of debts, malicious default in payment for goods or services, malicious default in wages, illegal fund-raising, contract fraud, pyramid selling, unlicensed operation, manufacturing and selling fake and shoddy products, intentional infringement of intellectual property rights, loan qualification bidding, collusive bidding, false advertising, infringement of the legitimate rights and interests of consumers or securities and futures investors, serious disruption of cyberspace communication order, gathering people to disturb social order, etc., it is ordered to stop production or business, or
3. Irretrievable information on administrative punishment as otherwise provided by laws, regulations and rules.
In addition, the "Notice" also clarified the scope of administrative punishment information for general dishonesty and serious dishonesty.
Joint punishment for dishonesty is the key link of social credit construction. In the field of bidding, it is an effective measure to impose penalties and administrative constraints on all parties to bidding transactions, crack down on bidding activities, lend qualified tenders and related illegal acts, and safeguard the principles of fairness, openness, impartiality and honesty and trustworthiness in bidding activities.
However, the punishment for dishonesty is only a means. Its fundamental purpose is to make the credit mechanism play a greater role and establish a credit information repair mechanism, which not only makes the untrustworthy pay the price, but also urges them to actively correct their dishonesty, which is an inevitable requirement for further improving the construction of social credit system. For the subject of dishonesty, if he can fulfill his legal responsibilities and obligations and eliminate the social bad behaviors of related behaviors, he can "repair credit", which is also an effective means to reward and punish dishonesty and maximize credit incentives.
In fact, in bidding activities, the lack of credit system has always been considered as one of the reasons why it is difficult for China's bidding system to effectively prevent malicious low-priced bids. In the continuous improvement of the credit construction system, it is still worth looking forward to whether it can curb the dishonesty in bidding activities and promote the orderly development of bidding norms.
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