(1) Being listed in the list of business anomalies for three years and still failing to perform relevant obligations;
(2) Submitting false materials or concealing important facts by other fraudulent means, and obtaining the change or cancellation of company registration, and the company registration is cancelled;
(3) Organizing or planning pyramid selling activities, or being subjected to administrative punishment for more than three times within two years because of providing convenient conditions for pyramid selling activities;
(4) Having been subjected to administrative punishment for illegal direct selling for more than three times within two years;
(5) Having been subjected to administrative punishment for unfair competition for more than three times within two years;
(six) because the goods or services provided do not meet the requirements of protecting personal and property safety, causing personal injury and other illegal acts that seriously infringe on consumers' rights and interests, and being subject to administrative punishment for more than three times within two years;
(seven) publishing false advertisements for more than three times within two years, or publishing false advertisements for goods or services related to consumers' life and health, causing personal injury or other serious social adverse effects, and being subject to administrative punishment;
(8) Having been subjected to administrative punishment for trademark infringement twice or more within five years;
(9) Deciding to stop accepting trademark agency business;
(ten) other serious violations of laws and administrative regulations on industrial and commercial administration as stipulated by the State Administration for Industry and Commerce. Where an enterprise violates the laws and administrative regulations on industrial and commercial administration, it has the circumstances specified in the preceding paragraph.
(3) to (1)
(eight) one of the acts listed in item (a), which has been subject to administrative punishment for more than three times within two years, shall be included in the list management of serious illegal and untrustworthy enterprises. Article 6 Paragraph 1 of Article 5 of these Measures shall be implemented by the State Administration for Industry and Commerce or the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government.
(a) the inclusion and removal of the list of serious illegal and untrustworthy enterprises under the circumstances specified in item (a). The administrative department for industry and commerce at or above the county level is responsible for its registration, which is the first paragraph of Article 5 of these Measures.
(2) to (1)
(ten) the inclusion and removal of the list of serious illegal and untrustworthy enterprises under the circumstances of items (1) and (2). Article 7 The administrative department for industry and commerce shall make a decision to include enterprises in the list of serious illegal and untrustworthy enterprises. The decision on inclusion shall include the name of the enterprise, the unified social credit code/registration number, the date of inclusion, the reasons for inclusion, the time limit and method of right relief, and the organ that made the decision. Article 8 Where an enterprise falls under the circumstances in the first paragraph of Article 5 of these Measures.
(1) In case of the circumstances specified in Item (1), the administrative department for industry and commerce shall, within 60 days before the enterprise is listed in the list of business anomalies for three years, remind it to fulfill its relevant obligations by way of announcement through the enterprise credit information publicity system; Those who fail to fulfill the relevant obligations after 3 years shall be included in the list of serious illegal and untrustworthy enterprises within 10 working days from the date of expiration. The enterprise has the first paragraph of Article 5 of these Measures.
(2) to (1)
(10) and the second paragraph stipulate that the administrative department for industry and commerce shall include it in the list of serious illegal and untrustworthy enterprises within 10 working days from the date when the relevant information is published by the enterprise credit information publicity system. Article 9 If an enterprise fails to meet the circumstances specified in Article 5 within five years from the date when it is included in the list of serious illegal and untrustworthy enterprises, the competent administrative department for industry and commerce 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 serious illegal and untrustworthy enterprises in accordance with the provisions of the preceding paragraph, it shall make a decision to remove it and publicize it to the public through the enterprise credit information publicity system. The delisting decision shall include the name of the enterprise, the unified social credit code/registration number, the date of delisting, the reason for delisting, and the organ that made the decision. Article 10 In accordance with the first paragraph of Article 5 of these Measures,
(a) the list of serious illegal enterprises, the administrative department for Industry and Commerce shall make a decision to move out within 5 working days from the date of application. In accordance with the first paragraph of Article 5 of these Measures
(2) to (1)
(ten) the first and second paragraphs are included in the list of serious illegal and untrustworthy enterprises, and the administrative department for Industry and Commerce shall make a decision to move out within 5 working days from the date of expiration of the list of serious illegal and untrustworthy enterprises. Article 11 If an enterprise has any objection to being included in the list of serious illegal and untrustworthy enterprises, it may submit a written application to the administrative department for industry and commerce that made the decision within 30 days from the date of publicity, and the administrative department for industry and commerce shall decide whether to accept it within 5 working days. If it is accepted, it shall conduct verification within 20 working days and inform the applicant in writing of the verification results; If it is not accepted, it shall inform the applicant in writing of the reasons for not accepting it. If the administrative department for industry and commerce finds that it is indeed wrong to include enterprises in the list of serious illegal and untrustworthy enterprises after verification, it shall correct it within 5 working days from the date of verification. Article 12 If the administrative punishment decision on which the list of enterprises with serious violations of law and dishonesty is based is revoked, the administrative department for industry and commerce shall remove the enterprise from the list of enterprises with serious violations of law and dishonesty within 30 working days from the date when the administrative punishment decision is revoked. Thirteenth industrial and commercial administrative departments at all levels to implement the following management of enterprises included in the list of serious illegal and untrustworthy enterprises:
(a) as a key supervision and management object;
(two) in accordance with the first paragraph of article fifth of these measures.
(1) The legal representatives and responsible persons of enterprises listed in the list of enterprises with serious violations of law and dishonesty shall not serve as the legal representatives and responsible persons of other enterprises within 3 years;
(three) failed to pass the "abide by the contract, credit; Qualification examination for enterprise publicity activities;
(four) shall not be awarded the relevant honorary title. Article 14 The administrative department for industry and commerce shall record the information included in the list of enterprises with serious violations of law and dishonesty in the public information of enterprises, and publicize it uniformly through the enterprise credit information publicity system. The administrative department for industry and commerce shall share the list information of serious illegal and untrustworthy enterprises with other government departments and implement joint punishment. Fifteenth in accordance with the first paragraph of article fifth of these measures.
(1) If the legal representative or person-in-charge of an enterprise listed in the list of serious illegal and untrustworthy enterprises has already served as the legal representative or person-in-charge of other enterprises, the relevant enterprises shall handle the change registration of the legal representative or person-in-charge according to law. If it is impossible to get in touch through the registered residence (business premises), the relevant enterprise shall handle the change registration of residence (business premises) according to law. If the relevant enterprise fails to register the change of legal representative or responsible person or domicile (business premises), the administrative department for industry and commerce shall investigate and deal with it according to law. Article 16 An enterprise may apply for administrative reconsideration or bring an administrative lawsuit against its decision to be included in or withdrawn from the list of enterprises that are seriously illegal and untrustworthy. Seventeenth industrial and commercial administrative departments failed to perform their duties in accordance with the relevant provisions of these measures, and the administrative department for industry and commerce at a higher level shall order them to make corrections; If the circumstances are serious, the responsible person in charge and other directly responsible personnel shall be dealt with in accordance with relevant regulations. Article 18 The style of documents related to the list management of serious illegal and untrustworthy enterprises shall be uniformly formulated by the State Administration for Industry and Commerce. Article 19 Measures for the administration of illegal and untrustworthy online transactions 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. Article 21 These Measures shall come into force on April 1 day, 2065.
Legal basis:
Measures of People's Republic of China (PRC) Municipality on the Administration of the List of Serious Violations of Laws and Trustworthiness in Market Supervision and Administration.
Article 4 The market supervision and management department shall, in accordance with the provisions, share the information on the list of serious violations of law and dishonesty with other relevant departments, and implement joint punishment according to laws, administrative regulations and the policy documents of the CPC Central Committee and the State Council. Article 9 Any of the following illegal acts that undermine the fair competition order and disrupt the market order, which fall into the circumstances specified in Article 2 of these Measures, shall be included in the list of serious illegal acts and dishonesty:
(1) Acts of unfair competition that seriously undermine the order of fair competition, such as infringement of trade secrets, commercial slander and organization of false transactions;
(two) intentional infringement of intellectual property rights; Submitting an abnormal patent application or malicious trademark registration application that harms the public interest; Engaged in serious illegal patent and trademark agency behavior;
(3) Price collusion, dumping at low prices and driving up prices; Failing to implement government pricing and government-guided prices for goods or services related to the national economy and people's livelihood, and failing to implement price intervention measures and emergency measures to deal with emergencies;
(4) Organizing or planning pyramid schemes or providing convenient conditions for pyramid schemes;
(5) publishing false advertisements for goods or services that are related to consumers' life and health;
(six) other illegal acts in violation of laws and administrative regulations, which seriously undermine the order of fair competition and disrupt the market order.