Article 1: In order to strengthen the management of seriously illegal and untrustworthy enterprises, promote law-abiding operations and honest self-discipline of enterprises, 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 management of the list 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 the disclosure 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 serious 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 been 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 activities;
(4) Being subject to administrative penalties more than three times within two years due to illegal direct selling activities;
( 5) Subject to three or more administrative penalties 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 For illegal acts, one is subject to administrative penalties more than three times within two years;
(7) For publishing false advertisements, one is subject to more than three administrative penalties within two years, or for publishing 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 serious circumstances as prescribed by the State Administration for Industry and Commerce.
If an enterprise violates industrial and commercial administrative laws and administrative regulations, commits any of the acts specified in items (3) to (8) of the preceding paragraph, and is subject to administrative penalties three or more times within two years, it shall be classified as a serious violation of law. List management of dishonest companies. 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 are responsible for the inclusion and removal of enterprises in the list of seriously illegal and untrustworthy enterprises that fall under the circumstances specified in Item (1), Paragraph 1, Article 5 of these Measures.
The industrial and commercial administration departments at or above the county level are responsible for serious violations of laws and breach of trust by registered enterprises that fall under the circumstances specified in items (2) to (10) and paragraph 2 of paragraph 1 of Article 5 of these Measures. The inclusion and removal of enterprises from the list. Article 7 If the industrial and commercial administrative department includes an enterprise in 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 make an announcement through the enterprise credit information publicity system within 60 days before the enterprise is included in the list of abnormal operating operations. method to remind them to perform relevant obligations; 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 has 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 publish the relevant information in the Enterprise Credit Information Disclosure System It will be included in the list of serious illegal and untrustworthy enterprises within 10 working days from the date of public announcement.
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 on the removal 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 a company is included in the list of serious illegal and dishonest enterprises in accordance with the provisions of Article 5, Paragraph 1, Item (1) of these Measures, the industrial and commercial administrative department shall make a removal decision within 5 working days from the date of application by the enterprise.
If a company is included in the list of seriously illegal and untrustworthy enterprises in accordance with the provisions of Article 5, Paragraph 1, Items (2) to (10) and Paragraph 2 of these Measures, the industrial and commercial administrative department shall automatically include them in the list. The removal decision will be made within 5 working days from the expiration date of the list of seriously illegal and dishonest 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.