Measures for Administration of Lists of Serious Illegal Faithfulness in Market Supervision and Administration
Time:2021-08-02

Order of the State Administration of Market Supervision and Administration

No. 44

“ 《Measures for Administration of Lists of Serious Illegal Faithfulness in Market Supervision and Administration》 ” has been approved by the 11th executive meeting of the General Administration of Market Supervision on July 22, 2021, which is now announced and implemented since September 1, 2021.

Director Zhang Gong

July 30,2021

 

Measures for Administration of Lists of Serious Illegal Faithfulness in Market Supervision and Administration

Article 1 In order to regulate the management of the list of serious illegal dishonesty, strengthen credit supervision, expand social supervision and promote integrity and self-discipline, this method is formulated in accordance with relevant laws and administrative regulations.

Article 2 If a party violates laws and administrative regulations, the nature is bad, the circumstances are serious, and the social harm is great. If the market supervision and management department imposes severe administrative punishment, the market supervision and management department shall, in accordance with the provisions of this method, list the serious illegal dishonesty, publish it through the national enterprise credit information publicity system, and implement corresponding management measures.

The heavier administrative penalties mentioned in the preceding paragraph include :

( 1 ) According to the administrative penalty discretion benchmark, according to the principle of severe punishment to fine.

( 2 ) Reduce the qualification level, revoke the license, business license.

( 3 ) Restrict production and business activities, order to stop production and shut down, order to close, limit employment.

( 4 ) Other heavy administrative penalties stipulated by laws, administrative regulations and departmental rules.

Article 3 The State Administration of Market Supervision and Administration is responsible for organizing and guiding the management of the national list of serious violations and mistrust.   The local market supervision and management departments at or above the county level are responsible for the management of the serious illegal dishonesty list in accordance with the provisions of these Measures.  

Article 4 The market supervision and management department shall share the information on the list of serious illegal dishonesty with other relevant departments in accordance with the provisions, and implement joint punishment in accordance with laws, administrative regulations and policy documents of the Party Central Committee and the State Council.       

Article 5 Whoever commits the following illegal acts in the field of food safety and belongs to the situation stipulated in Article 2 of these Measures shall be included in the list of serious illegal dishonesty ( blacklist of producers and operators of serious illegal food safety ) :

( 1 ) Has not obtained the food production and management license according to law to engage in food production and management activities.  

( 2 ) Production of food with non-food raw materials.  Chemicals other than food additives and other substances that may endanger human health are added to food.  Production and operation of nutritional ingredients do not meet food safety standards for infants and other specific groups of primary and secondary food.  Production and operation of drug-added food.  Production and operation of poultry, livestock, animals, aquatic animal meat and their products with unknown causes of death, poisoning or death.  Production and operation of meat without quarantine or unqualified quarantine.  The production and operation countries explicitly prohibit the production and operation of food for special needs such as disease prevention.   

( 3 ) Production and operation of pathogenic microorganisms, food and food additives whose contents of pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants that endanger human health exceed the limits of food safety standards.  Production and operation of food raw materials, food additives, food additives.  The production and operation of non-registered health food, formula food for special medical purposes, infant formula milk powder, or non-registered product formula, production process and other technical requirements are organized.  Food labels and instructions for production and operation contain false contents, involving disease prevention and treatment functions, or labels and instructions for production and operation of foods other than health foods claim to have health functions.   

( 4 ) other illegal acts that violate the provisions of food safety laws and administrative regulations and seriously endanger the health and safety of the people.

Article 6 Whoever commits the following illegal acts in the field of drugs, medical devices and cosmetics and belongs to the situation specified in Article 2 of these Measures shall be included in the list of serious illegal dishonesty :  

( 1 ) Producing and selling fake and inferior medicines.  Illegal production and sale of drugs ( including vaccines ) with special regulatory requirements of the State.  Production, import and sale of drugs ( including vaccines ) that have not obtained approval documents for drugs.   

( 2 ) Production and sale of unregistered second and third types of medical devices.   

( 3 ) to produce and sell cosmetics illegally added that may endanger human health.   

( 4 ) Other illegal acts that violate the laws and administrative regulations on drugs, medical devices, cosmetics and seriously endanger the health and life safety of the people.

Article 7 Whoever commits the following illegal acts in the field of quality and safety and belongs to the situation stipulated in Article 2 of these Measures shall be included in the list of serious illegal dishonesty :  

( 1 ) the production, sale, rental and use of special equipment that has not obtained production permits, has been explicitly eliminated by the State, has been scrapped, has not been tested or is not qualified for inspection.  The mobile pressure vessels and cylinders that do not meet the requirements of safety technical specifications are filled.   

( 2 ) The production and sale of products that do not meet the national standards to protect health and safety of life, adulterate and adulterate in the products, pretend to be true, sub-pretend to be good, or pretend to be qualified products with unqualified products, and produce and sell products that are explicitly eliminated by the state.   

( 3 ) Product quality supervision spot check unqualified, by provincial or higher people ' s government market supervision and management department announcement, after the announcement review is still unqualified.   

( 4 ) To issue false or serious false test, detection, certification and recognition conclusions, which seriously endanger quality and safety.   

( 5 ) Forge, counterfeit, buy and sell certification marks or certification certificates.  Uncertified products are exported, sold, imported or used in other business activities in the mandatory product certification catalogue.   

( 6 ) Other violations of laws and administrative regulations in the field of quality and safety seriously endanger people ' s health and life safety.

Article 8 Whoever commits the following illegal acts against consumers rights and interests and belongs to the situation stipulated in Article 2 of these Measures shall be included in the list of serious illegal dishonesty :  

( 1 ) Infringe upon consumers ' rights such as personal dignity and protection of personal information according to law.   

( 2 ) In order to avoid or refuse to perform their obligations, shut down the business or relocate the service place after the prepaid expenses, fail to provide goods or services as agreed, and are confirmed by the market supervision and management department as unable to obtain contact.   

( 3 ) Manufacturing, selling and using measurement instruments aimed at deceiving consumers.  Copying, collusion, tampering with measurement data, forging data, issuing false calibration certificates or reports against consumer rights and interests.   

( 4 ) Ordered recall still refuses or delays the implementation of defective product recall.   

( 5 ) Other violations of laws and administrative regulations, serious violations of consumer rights and interests.

Article 9 Whoever commits the following illegal acts that undermine the order of fair competition and disrupt market order and which fall under the circumstances prescribed in Article 2 of these Measures shall be included in the list of serious breaches of law and breach of trust :  

( 1 ) Unfair competition that seriously undermines fair competition order, such as infringement of commercial secrets, commercial defamation, and organization of false transactions.   

( 2 ) intentional infringement of intellectual property rights.  Submitting abnormal patent applications and malicious trademark registration applications harms the public interest.  engaged in serious illegal patent, trademark agency behavior.   

( 3 ) Price collusion, low price dumping, bid up prices.  The goods or services related to the national economy and people ' s livelihood do not implement government pricing, government guidance prices, do not implement price intervention measures and emergency measures to deal with emergencies.   

( 4 ) Organizing, planning pyramid selling or providing convenient conditions for pyramid selling.   ( 5 ) Publish false advertisements of goods or services related to consumers ' life and health.   ( 6 ) Other illegal acts that violate laws and administrative regulations and seriously undermine fair competition order and disrupt market order.

Article 10 Whoever commits the following illegal acts and belongs to the situation stipulated in Article 2 of these Measures shall be included in the list of serious illegal dishonesty :  

( 1 ) failing to obtain other permission to engage in business activities according to law.   

( 2 ) Submitting false materials or adopting other means to conceal important facts, obtaining administrative license, obtaining, changing or canceling the registration of market subjects, or altering, selling, renting or selling license documents and business licenses.   

( 3 ) Refusing, hindering and interfering with market supervision and management departments to carry out supervision and inspection and accident investigation according to law.   

Article 11 If a party has the ability to perform but refuses to perform or evades execution after making administrative decisions such as administrative penalties and administrative decisions by the market supervision and management department, which seriously affect the credibility of the market supervision and management department, he shall be included in the list of serious breaches of law and dishonesty.   

Laws, administrative regulations and policy documents of the CPC Central Committee and the State Council stipulate that those responsible for the market subject should be included in the list of serious illegal dishonesty.   

Article 12 The market supervision and management department shall comprehensively consider subjective malice, illegal frequency, duration, punishment type, fine amount, product value amount, harm to people ' s life and health, property loss and social influence when judging whether the illegal behavior belongs to the situation of bad nature, serious circumstances and great social harm.   

The parties have enough evidence to prove that there is no subjective intention, not included in the list of serious illegal dishonesty.

Article 13 The market supervision and management department shall make a decision on whether to be included in the list of serious illegal dishonesty when making administrative punishment decisions.  The decision should include the reasons, basis, disciplinary measures, removal conditions and procedures and relief measures.  Before making the inclusion decision, the parties should be informed of the reasons, basis and rights enjoyed by the parties according to law.  Procedures such as notification, hearing, service and objection handling should be implemented in conjunction with administrative penalty procedures.   In accordance with the provisions of the preceding paragraph to be included in the list of serious illegal dishonesty decision, serious illegal dishonesty list management work by the administrative punishment of the market supervision and management department responsible.   If the situation stipulated in Article 11 of these Measures is included in the list of serious illegal dishonesty, it can be decided separately.  Procedures such as notification, hearing, service and objection handling should be implemented with reference to administrative penalty procedures.

Article 14 If the market supervision and administration department and the registration place ( place of residence ) of the parties making the inclusion decision are in the same province, autonomous region or municipality directly under the Central Government, the market supervision and administration department making the inclusion decision shall, within twenty working days from the date of making the decision, publish the relevant information through the state enterprise credit information publicity system.   If the market supervision and management department that makes the inclusion decision and the registration place ( residence ) of the parties are not in the same province, autonomous region or municipality directly under the Central Government, the market supervision and management department that makes the inclusion decision shall push the information on the list of serious illegal dishonesty to the market supervision and management department at the registration place ( residence ) of the parties within ten working days from the date of making the decision, and shall assist it to publicize it through the national enterprise credit information publicity system within ten working days from the date of receiving the information.

Article 15 The market supervision and management department shall implement the following management measures for the parties included in the list of serious illegal dishonesty :  

( 1 ) According to the laws, administrative regulations and policy documents of the CPC Central Committee and the State Council, it is an important consideration factor in reviewing administrative licenses, qualifications, qualifications, entrusting government procurement projects and project bidding.   

( 2 ) As the key regulatory object, improve the frequency of inspection, strict supervision according to law.   

( 3 ) No notification of commitment shall apply.   

( 4 ) The market supervision and management department shall not be awarded honorary awards.   ( 5 ) other administrative measures prescribed by laws, administrative regulations and policy documents of the Party Central Committee and the State Council.

Article 16 If the party concerned has been included in the list of serious illegal discredit for one year and meets the following conditions, he may apply to the market supervision and management department for early removal in accordance with the provisions of these Measures :  ( 1 ) Has consciously fulfilled the obligations stipulated in the administrative punishment decision.   ( 2 ) Has taken the initiative to eliminate harmful consequences and adverse effects.   

( 3 ) No more severe administrative punishment by the market supervision and management department.   

If the time limit for the implementation of the corresponding administrative measures has not expired in accordance with the provisions of laws and administrative regulations, no application shall be made for early removal.

Article 17 If a party applies for early removal, it shall submit an application, a letter of promise, and relevant materials to fulfill the obligations stipulated in paragraph 1, paragraph 1, paragraph 2, of Article 16 of these Measures to explain the facts and reasons.   The market supervision and management department shall decide whether to accept the application within two working days from the date of receiving the application.  If the application material is complete and conforms to the legal form, it should be accepted.   The market supervision and administration department shall verify the application within 15 working days from the date of acceptance and decide whether to remove it.   

Article 18 If the market supervision and administration department decides to move out, it shall stop publicizing relevant information within three working days and remove relevant administrative measures.   

Article 19 If the administrative punishment on the basis of the list of serious illegal dishonesty is revoked, confirmed illegal or invalid, the market supervision and management department shall revoke the decision to include the parties, stop publicizing relevant information within three working days, and lift relevant management measures.   

Article 20 If the party applying for removal intentionally conceals the real situation and provides false information, if the circumstances are serious, the market supervision and administration department shall revoke the decision of removal and restore its status.  Recalculate the announcement period.

Article 21 If the party concerned has been listed on the list of serious breaches of law for three years, the market supervision and administration department listed on the list of serious breaches of law shall remove the party concerned, stop publicizing relevant information and remove relevant administrative measures.  In accordance with the laws and regulations to limit the implementation of production and business activities, restrictions on employment and other measures more than three years, in accordance with the actual limit period.   

Article 22 If a market supervision and administration department at the county or district level makes a decision to include a list of serious illegal dishonesty, it shall submit it to the market supervision and administration department at the next higher level for approval.   

Article 23 If a party refuses to accept the decision to be included in or removed from the list of serious breaches of law, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.   

Article 24 The market supervision and management department shall, in accordance with the laws and administrative regulations and the policy documents of the Party Central Committee and the State Council, implement the management of the list of serious breaches of law and dishonesty according to the legal documents received by the people ' s court.   

Article 25 This method is applicable to the management of the list of serious illegal dishonesty by the drug supervision and management department and the intellectual property management department.   

Article 26 These Measures shall enter into force as of September 1, 2021.  On December 30, 2015, the “ 《Interim Measures for List Management of Serious Illegal Faithless Enterprises》 ” promulgated by the former State Administration for Industry and Commerce Order No. 83 was abolished at the same time.

Source : Municipal neologism

Order of the State Administration of Market Supervision and Administration

No. 44

“ 《Measures for Administration of Lists of Serious Illegal Faithfulness in Market Supervision and Administration》 ” has been approved by the 11th executive meeting of the General Administration of Market Supervision on July 22, 2021, which is now announced and implemented since September 1, 2021.

Director Zhang Gong

July 30,2021

 

Measures for Administration of Lists of Serious Illegal Faithfulness in Market Supervision and Administration

Article 1 In order to regulate the management of the list of serious illegal dishonesty, strengthen credit supervision, expand social supervision and promote integrity and self-discipline, this method is formulated in accordance with relevant laws and administrative regulations.

Article 2 If a party violates laws and administrative regulations, the nature is bad, the circumstances are serious, and the social harm is great. If the market supervision and management department imposes severe administrative punishment, the market supervision and management department shall, in accordance with the provisions of this method, list the serious illegal dishonesty, publish it through the national enterprise credit information publicity system, and implement corresponding management measures.

The heavier administrative penalties mentioned in the preceding paragraph include :

( 1 ) According to the administrative penalty discretion benchmark, according to the principle of severe punishment to fine.

( 2 ) Reduce the qualification level, revoke the license, business license.

( 3 ) Restrict production and business activities, order to stop production and shut down, order to close, limit employment.

( 4 ) Other heavy administrative penalties stipulated by laws, administrative regulations and departmental rules.

Article 3 The State Administration of Market Supervision and Administration is responsible for organizing and guiding the management of the national list of serious violations and mistrust.   The local market supervision and management departments at or above the county level are responsible for the management of the serious illegal dishonesty list in accordance with the provisions of these Measures.  

Article 4 The market supervision and management department shall share the information on the list of serious illegal dishonesty with other relevant departments in accordance with the provisions, and implement joint punishment in accordance with laws, administrative regulations and policy documents of the Party Central Committee and the State Council.       

Article 5 Whoever commits the following illegal acts in the field of food safety and belongs to the situation stipulated in Article 2 of these Measures shall be included in the list of serious illegal dishonesty ( blacklist of producers and operators of serious illegal food safety ) :

( 1 ) Has not obtained the food production and management license according to law to engage in food production and management activities.  

( 2 ) Production of food with non-food raw materials.  Chemicals other than food additives and other substances that may endanger human health are added to food.  Production and operation of nutritional ingredients do not meet food safety standards for infants and other specific groups of primary and secondary food.  Production and operation of drug-added food.  Production and operation of poultry, livestock, animals, aquatic animal meat and their products with unknown causes of death, poisoning or death.  Production and operation of meat without quarantine or unqualified quarantine.  The production and operation countries explicitly prohibit the production and operation of food for special needs such as disease prevention.   

( 3 ) Production and operation of pathogenic microorganisms, food and food additives whose contents of pesticide residues, veterinary drug residues, biological toxins, heavy metals and other pollutants that endanger human health exceed the limits of food safety standards.  Production and operation of food raw materials, food additives, food additives.  The production and operation of non-registered health food, formula food for special medical purposes, infant formula milk powder, or non-registered product formula, production process and other technical requirements are organized.  Food labels and instructions for production and operation contain false contents, involving disease prevention and treatment functions, or labels and instructions for production and operation of foods other than health foods claim to have health functions.   

( 4 ) other illegal acts that violate the provisions of food safety laws and administrative regulations and seriously endanger the health and safety of the people.

Article 6 Whoever commits the following illegal acts in the field of drugs, medical devices and cosmetics and belongs to the situation specified in Article 2 of these Measures shall be included in the list of serious illegal dishonesty :  

( 1 ) Producing and selling fake and inferior medicines.  Illegal production and sale of drugs ( including vaccines ) with special regulatory requirements of the State.  Production, import and sale of drugs ( including vaccines ) that have not obtained approval documents for drugs.   

( 2 ) Production and sale of unregistered second and third types of medical devices.   

( 3 ) to produce and sell cosmetics illegally added that may endanger human health.   

( 4 ) Other illegal acts that violate the laws and administrative regulations on drugs, medical devices, cosmetics and seriously endanger the health and life safety of the people.

Article 7 Whoever commits the following illegal acts in the field of quality and safety and belongs to the situation stipulated in Article 2 of these Measures shall be included in the list of serious illegal dishonesty :  

( 1 ) the production, sale, rental and use of special equipment that has not obtained production permits, has been explicitly eliminated by the State, has been scrapped, has not been tested or is not qualified for inspection.  The mobile pressure vessels and cylinders that do not meet the requirements of safety technical specifications are filled.   

( 2 ) The production and sale of products that do not meet the national standards to protect health and safety of life, adulterate and adulterate in the products, pretend to be true, sub-pretend to be good, or pretend to be qualified products with unqualified products, and produce and sell products that are explicitly eliminated by the state.   

( 3 ) Product quality supervision spot check unqualified, by provincial or higher people ' s government market supervision and management department announcement, after the announcement review is still unqualified.   

( 4 ) To issue false or serious false test, detection, certification and recognition conclusions, which seriously endanger quality and safety.   

( 5 ) Forge, counterfeit, buy and sell certification marks or certification certificates.  Uncertified products are exported, sold, imported or used in other business activities in the mandatory product certification catalogue.   

( 6 ) Other violations of laws and administrative regulations in the field of quality and safety seriously endanger people ' s health and life safety.

Article 8 Whoever commits the following illegal acts against consumers rights and interests and belongs to the situation stipulated in Article 2 of these Measures shall be included in the list of serious illegal dishonesty :  

( 1 ) Infringe upon consumers ' rights such as personal dignity and protection of personal information according to law.   

( 2 ) In order to avoid or refuse to perform their obligations, shut down the business or relocate the service place after the prepaid expenses, fail to provide goods or services as agreed, and are confirmed by the market supervision and management department as unable to obtain contact.   

( 3 ) Manufacturing, selling and using measurement instruments aimed at deceiving consumers.  Copying, collusion, tampering with measurement data, forging data, issuing false calibration certificates or reports against consumer rights and interests.   

( 4 ) Ordered recall still refuses or delays the implementation of defective product recall.   

( 5 ) Other violations of laws and administrative regulations, serious violations of consumer rights and interests.

Article 9 Whoever commits the following illegal acts that undermine the order of fair competition and disrupt market order and which fall under the circumstances prescribed in Article 2 of these Measures shall be included in the list of serious breaches of law and breach of trust :  

( 1 ) Unfair competition that seriously undermines fair competition order, such as infringement of commercial secrets, commercial defamation, and organization of false transactions.   

( 2 ) intentional infringement of intellectual property rights.  Submitting abnormal patent applications and malicious trademark registration applications harms the public interest.  engaged in serious illegal patent, trademark agency behavior.   

( 3 ) Price collusion, low price dumping, bid up prices.  The goods or services related to the national economy and people ' s livelihood do not implement government pricing, government guidance prices, do not implement price intervention measures and emergency measures to deal with emergencies.   

( 4 ) Organizing, planning pyramid selling or providing convenient conditions for pyramid selling.   ( 5 ) Publish false advertisements of goods or services related to consumers ' life and health.   ( 6 ) Other illegal acts that violate laws and administrative regulations and seriously undermine fair competition order and disrupt market order.

Article 10 Whoever commits the following illegal acts and belongs to the situation stipulated in Article 2 of these Measures shall be included in the list of serious illegal dishonesty :  

( 1 ) failing to obtain other permission to engage in business activities according to law.   

( 2 ) Submitting false materials or adopting other means to conceal important facts, obtaining administrative license, obtaining, changing or canceling the registration of market subjects, or altering, selling, renting or selling license documents and business licenses.   

( 3 ) Refusing, hindering and interfering with market supervision and management departments to carry out supervision and inspection and accident investigation according to law.   

Article 11 If a party has the ability to perform but refuses to perform or evades execution after making administrative decisions such as administrative penalties and administrative decisions by the market supervision and management department, which seriously affect the credibility of the market supervision and management department, he shall be included in the list of serious breaches of law and dishonesty.   

Laws, administrative regulations and policy documents of the CPC Central Committee and the State Council stipulate that those responsible for the market subject should be included in the list of serious illegal dishonesty.   

Article 12 The market supervision and management department shall comprehensively consider subjective malice, illegal frequency, duration, punishment type, fine amount, product value amount, harm to people ' s life and health, property loss and social influence when judging whether the illegal behavior belongs to the situation of bad nature, serious circumstances and great social harm.   

The parties have enough evidence to prove that there is no subjective intention, not included in the list of serious illegal dishonesty.

Article 13 The market supervision and management department shall make a decision on whether to be included in the list of serious illegal dishonesty when making administrative punishment decisions.  The decision should include the reasons, basis, disciplinary measures, removal conditions and procedures and relief measures.  Before making the inclusion decision, the parties should be informed of the reasons, basis and rights enjoyed by the parties according to law.  Procedures such as notification, hearing, service and objection handling should be implemented in conjunction with administrative penalty procedures.   In accordance with the provisions of the preceding paragraph to be included in the list of serious illegal dishonesty decision, serious illegal dishonesty list management work by the administrative punishment of the market supervision and management department responsible.   If the situation stipulated in Article 11 of these Measures is included in the list of serious illegal dishonesty, it can be decided separately.  Procedures such as notification, hearing, service and objection handling should be implemented with reference to administrative penalty procedures.

Article 14 If the market supervision and administration department and the registration place ( place of residence ) of the parties making the inclusion decision are in the same province, autonomous region or municipality directly under the Central Government, the market supervision and administration department making the inclusion decision shall, within twenty working days from the date of making the decision, publish the relevant information through the state enterprise credit information publicity system.   If the market supervision and management department that makes the inclusion decision and the registration place ( residence ) of the parties are not in the same province, autonomous region or municipality directly under the Central Government, the market supervision and management department that makes the inclusion decision shall push the information on the list of serious illegal dishonesty to the market supervision and management department at the registration place ( residence ) of the parties within ten working days from the date of making the decision, and shall assist it to publicize it through the national enterprise credit information publicity system within ten working days from the date of receiving the information.

Article 15 The market supervision and management department shall implement the following management measures for the parties included in the list of serious illegal dishonesty :  

( 1 ) According to the laws, administrative regulations and policy documents of the CPC Central Committee and the State Council, it is an important consideration factor in reviewing administrative licenses, qualifications, qualifications, entrusting government procurement projects and project bidding.   

( 2 ) As the key regulatory object, improve the frequency of inspection, strict supervision according to law.   

( 3 ) No notification of commitment shall apply.   

( 4 ) The market supervision and management department shall not be awarded honorary awards.   ( 5 ) other administrative measures prescribed by laws, administrative regulations and policy documents of the Party Central Committee and the State Council.

Article 16 If the party concerned has been included in the list of serious illegal discredit for one year and meets the following conditions, he may apply to the market supervision and management department for early removal in accordance with the provisions of these Measures :  ( 1 ) Has consciously fulfilled the obligations stipulated in the administrative punishment decision.   ( 2 ) Has taken the initiative to eliminate harmful consequences and adverse effects.   

( 3 ) No more severe administrative punishment by the market supervision and management department.   

If the time limit for the implementation of the corresponding administrative measures has not expired in accordance with the provisions of laws and administrative regulations, no application shall be made for early removal.

Article 17 If a party applies for early removal, it shall submit an application, a letter of promise, and relevant materials to fulfill the obligations stipulated in paragraph 1, paragraph 1, paragraph 2, of Article 16 of these Measures to explain the facts and reasons.   The market supervision and management department shall decide whether to accept the application within two working days from the date of receiving the application.  If the application material is complete and conforms to the legal form, it should be accepted.   The market supervision and administration department shall verify the application within 15 working days from the date of acceptance and decide whether to remove it.   

Article 18 If the market supervision and administration department decides to move out, it shall stop publicizing relevant information within three working days and remove relevant administrative measures.   

Article 19 If the administrative punishment on the basis of the list of serious illegal dishonesty is revoked, confirmed illegal or invalid, the market supervision and management department shall revoke the decision to include the parties, stop publicizing relevant information within three working days, and lift relevant management measures.   

Article 20 If the party applying for removal intentionally conceals the real situation and provides false information, if the circumstances are serious, the market supervision and administration department shall revoke the decision of removal and restore its status.  Recalculate the announcement period.

Article 21 If the party concerned has been listed on the list of serious breaches of law for three years, the market supervision and administration department listed on the list of serious breaches of law shall remove the party concerned, stop publicizing relevant information and remove relevant administrative measures.  In accordance with the laws and regulations to limit the implementation of production and business activities, restrictions on employment and other measures more than three years, in accordance with the actual limit period.   

Article 22 If a market supervision and administration department at the county or district level makes a decision to include a list of serious illegal dishonesty, it shall submit it to the market supervision and administration department at the next higher level for approval.   

Article 23 If a party refuses to accept the decision to be included in or removed from the list of serious breaches of law, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.   

Article 24 The market supervision and management department shall, in accordance with the laws and administrative regulations and the policy documents of the Party Central Committee and the State Council, implement the management of the list of serious breaches of law and dishonesty according to the legal documents received by the people ' s court.   

Article 25 This method is applicable to the management of the list of serious illegal dishonesty by the drug supervision and management department and the intellectual property management department.   

Article 26 These Measures shall enter into force as of September 1, 2021.  On December 30, 2015, the “ 《Interim Measures for List Management of Serious Illegal Faithless Enterprises》 ” promulgated by the former State Administration for Industry and Commerce Order No. 83 was abolished at the same time.

Source : Municipal neologism

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