Information Disclosure Provisions on Administrative Penalties for Market Supervision and Administration
Time:2021-08-02

Order of the State Administration of Market Supervision and Administration

No. 45

“ 《Information Disclosure Provisions on Administrative Penalties for 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

Information Disclosure Provisions on Administrative Penalties for Market Supervision and Administration

Article 1 In order to speed up the construction of a new market supervision mechanism based on credit, strengthen the credit supervision of market subjects, promote social co-governance and maintain fair competition in the market order, this provision is formulated according to relevant laws, administrative regulations and relevant provisions of the State Council.   

Article 2 The relevant information of the market supervision and management department that makes the decision of administrative punishment on the application of ordinary procedures shall be recorded in the national enterprise credit information publicity system and publicized to the society.   

Only warned by administrative punishment shall not be publicized.  Except as otherwise stipulated by laws and administrative regulations.   The publicity information of administrative punishment of market entities registered according to law should be recorded in the name of market entities.   

Article 3 The market supervision and management department shall follow the principles of legality, objectivity, timeliness and standardization in publicizing administrative punishment information.   

Article 4 The information of administrative punishment announced in accordance with Article 2 of these Provisions mainly includes the decision of administrative punishment and the summary of administrative punishment information.   

The market supervision and management department should strictly follow the relevant provisions of the State Administration of Market Supervision and Management to make the administrative penalty decision, and make the summary of administrative penalty information attached to the administrative penalty decision.   

The content of the summary of administrative punishment information includes : the document number of administrative punishment decision, the basic situation of the parties to administrative punishment, the type of illegal behavior, the content of administrative punishment, the name and date of the administrative organ that makes the decision of administrative punishment.

Article 5 The market supervision and management department shall establish and improve the confidentiality review mechanism of administrative penalty information in accordance with the relevant provisions of Law of the People 's Republic of China on Conserving State Secretsand other laws and regulations.  Publicly announced administrative penalty information shall not disclose state secrets, nor endanger national security, public security, economic security and social stability.   

Article 6 The market supervision and management department shall abide by the relevant provisions of laws and regulations on the protection of commercial secrets and personal information, and carry out necessary processing of information when publicizing administrative punishment information.   

Article 7 The written decision on administrative punishment announced by the market supervision and management department shall be consistent with the written decision on administrative punishment served on the parties to the administrative punishment, except that it is handled in accordance with the requirements of Article 6 of these Provisions.   

Article 8 For the administrative penalty decision that should be announced, when serving the administrative penalty decision, the market supervision and management department should inform the parties to the administrative penalty in writing that the administrative penalty information will be announced to the society.

Article 9 If the market supervision and management department that makes the decision on administrative penalty and the place of registration ( residence ) of the parties to the administrative penalty are located in the same province, autonomous region or municipality directly under the Central Government, the market supervision and management department that makes the decision on administrative penalty shall publish the information on administrative penalty through the national enterprise credit information publicity system within 20 working days from the date of making the decision on administrative penalty.

Article 10 If the market supervision and administration department that makes the decision on administrative punishment and the place of registration ( place of residence ) of the parties to administrative punishment are not in the same province, autonomous region or municipality directly under the Central Government, the market supervision and administration department that makes the decision on administrative punishment shall, within ten working days from the date of making the decision on administrative punishment, push the information on administrative punishment through the market supervision and administration department of the province, autonomous region or municipality directly under the Central Government to the market supervision and administration department at the place of registration ( place of residence ) of the parties to administrative punishment through the market supervision and administration department of the province, autonomous region or municipality directly under the Central Government.   

Article 11 If the administrative penalty decision is changed, revoked, confirmed to be illegal or invalid according to law, the market supervision and management department shall withdraw the publicity information of administrative penalty within three working days and explain the reasons.   

Article 12 If the market supervision and management department finds that the information about the administrative penalty announced by it is inaccurate, it should correct it in time.  If citizens, legal persons or other organizations have evidence to prove that the information of administrative punishment announced by the market supervision and management department is inaccurate, they have the right to ask the market supervision and management department to correct it.   

Article 13 If the information of administrative penalty which is only criticized by notification or a lower amount of fine expires three months from the date of publication, the publication shall be stopped.  Other administrative punishment information from the date of publicity expires three years, stop publicity.

The lower fine mentioned in the preceding paragraph shall be prescribed by the market supervision and administration departments at or above the provincial level in combination with the actual work.   

In accordance with the laws and regulations are restricted to carry out production and business activities, restrict more than three years of employment, the publicity period in accordance with the actual limit period.

Article 14If the publication of information on administrative punishment meets the requirements of the prescribed time limit and meets the following conditions, it may apply to the market supervision and management department that makes the decision on administrative punishment to stop publication in advance :  

( 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 ) The market supervision and management department has not been subject to administrative punishment again for the same type of illegal acts.   

( 4 ) Not in the business exception list and serious illegal dishonesty list.   

The time limit requirements mentioned in the preceding paragraph and the specific implementation measures for stopping publicity in advance are separately stipulated by the State Administration of Market Supervision and Administration.   

If the parties are ordered to stop production and operation, restrict production and operation activities, restrict employment, reduce qualification levels, revoke licenses, revoke business licenses and other serious administrative penalties stipulated by the State Administration of Market Supervision and Administration, they shall not stop publicity in advance.

Article 15 The market supervision and management departments of each province, autonomous region and municipality directly under the Central Government shall, in accordance with these regulations, timely improve the national enterprise credit information publicity system, provide convenient retrieval and access methods, and facilitate public retrieval and access to administrative punishment information.   

Article 16The market supervision and management department shall strictly perform the duties of administrative punishment information publicity, and establish and improve the internal audit and management system of administrative punishment information publicity according to the principle of ' who handles the case, who enters the case and who is responsible for the case '.  The case handling agencies should timely and accurately enter the information of administrative punishment.  The institutions responsible for enterprise credit information publicity should strengthen the daily management of administrative punishment information publicity.   

Article 17 The State Administration of Market Supervision and Administration is responsible for guiding and supervising the publicity of administrative punishment information of local market supervision and administration departments, and formulating relevant standards and technical requirements for the publicity of administrative punishment information in the national enterprise credit information publicity system.

The market supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for organizing, guiding and supervising the publicity of administrative punishment information of market supervision and administration departments at all levels within the jurisdiction, and may formulate implementation rules in accordance with these provisions and in combination with the actual work.

Article 18 The pharmaceutical supervisory and administrative departments under the State Council and provincial pharmaceutical supervisory and administrative departments shall implement the publicity of administrative punishment information, and these provisions shall apply.   

Article 19 This Regulation shall come into force on September 1,2021.  On August 19, 2014, the “ 《Interim Provisions on Information Publication of Administrative Punishment in Industrial and Commercial Administration》 ” promulgated by the former State Administration for Industry and Commerce Order No. 71 was abolished at the same time.

Source : Municipal neologism

Order of the State Administration of Market Supervision and Administration

No. 45

“ 《Information Disclosure Provisions on Administrative Penalties for 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

Information Disclosure Provisions on Administrative Penalties for Market Supervision and Administration

Article 1 In order to speed up the construction of a new market supervision mechanism based on credit, strengthen the credit supervision of market subjects, promote social co-governance and maintain fair competition in the market order, this provision is formulated according to relevant laws, administrative regulations and relevant provisions of the State Council.   

Article 2 The relevant information of the market supervision and management department that makes the decision of administrative punishment on the application of ordinary procedures shall be recorded in the national enterprise credit information publicity system and publicized to the society.   

Only warned by administrative punishment shall not be publicized.  Except as otherwise stipulated by laws and administrative regulations.   The publicity information of administrative punishment of market entities registered according to law should be recorded in the name of market entities.   

Article 3 The market supervision and management department shall follow the principles of legality, objectivity, timeliness and standardization in publicizing administrative punishment information.   

Article 4 The information of administrative punishment announced in accordance with Article 2 of these Provisions mainly includes the decision of administrative punishment and the summary of administrative punishment information.   

The market supervision and management department should strictly follow the relevant provisions of the State Administration of Market Supervision and Management to make the administrative penalty decision, and make the summary of administrative penalty information attached to the administrative penalty decision.   

The content of the summary of administrative punishment information includes : the document number of administrative punishment decision, the basic situation of the parties to administrative punishment, the type of illegal behavior, the content of administrative punishment, the name and date of the administrative organ that makes the decision of administrative punishment.

Article 5 The market supervision and management department shall establish and improve the confidentiality review mechanism of administrative penalty information in accordance with the relevant provisions of Law of the People 's Republic of China on Conserving State Secretsand other laws and regulations.  Publicly announced administrative penalty information shall not disclose state secrets, nor endanger national security, public security, economic security and social stability.   

Article 6 The market supervision and management department shall abide by the relevant provisions of laws and regulations on the protection of commercial secrets and personal information, and carry out necessary processing of information when publicizing administrative punishment information.   

Article 7 The written decision on administrative punishment announced by the market supervision and management department shall be consistent with the written decision on administrative punishment served on the parties to the administrative punishment, except that it is handled in accordance with the requirements of Article 6 of these Provisions.   

Article 8 For the administrative penalty decision that should be announced, when serving the administrative penalty decision, the market supervision and management department should inform the parties to the administrative penalty in writing that the administrative penalty information will be announced to the society.

Article 9 If the market supervision and management department that makes the decision on administrative penalty and the place of registration ( residence ) of the parties to the administrative penalty are located in the same province, autonomous region or municipality directly under the Central Government, the market supervision and management department that makes the decision on administrative penalty shall publish the information on administrative penalty through the national enterprise credit information publicity system within 20 working days from the date of making the decision on administrative penalty.

Article 10 If the market supervision and administration department that makes the decision on administrative punishment and the place of registration ( place of residence ) of the parties to administrative punishment are not in the same province, autonomous region or municipality directly under the Central Government, the market supervision and administration department that makes the decision on administrative punishment shall, within ten working days from the date of making the decision on administrative punishment, push the information on administrative punishment through the market supervision and administration department of the province, autonomous region or municipality directly under the Central Government to the market supervision and administration department at the place of registration ( place of residence ) of the parties to administrative punishment through the market supervision and administration department of the province, autonomous region or municipality directly under the Central Government.   

Article 11 If the administrative penalty decision is changed, revoked, confirmed to be illegal or invalid according to law, the market supervision and management department shall withdraw the publicity information of administrative penalty within three working days and explain the reasons.   

Article 12 If the market supervision and management department finds that the information about the administrative penalty announced by it is inaccurate, it should correct it in time.  If citizens, legal persons or other organizations have evidence to prove that the information of administrative punishment announced by the market supervision and management department is inaccurate, they have the right to ask the market supervision and management department to correct it.   

Article 13 If the information of administrative penalty which is only criticized by notification or a lower amount of fine expires three months from the date of publication, the publication shall be stopped.  Other administrative punishment information from the date of publicity expires three years, stop publicity.

The lower fine mentioned in the preceding paragraph shall be prescribed by the market supervision and administration departments at or above the provincial level in combination with the actual work.   

In accordance with the laws and regulations are restricted to carry out production and business activities, restrict more than three years of employment, the publicity period in accordance with the actual limit period.

Article 14If the publication of information on administrative punishment meets the requirements of the prescribed time limit and meets the following conditions, it may apply to the market supervision and management department that makes the decision on administrative punishment to stop publication in advance :  

( 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 ) The market supervision and management department has not been subject to administrative punishment again for the same type of illegal acts.   

( 4 ) Not in the business exception list and serious illegal dishonesty list.   

The time limit requirements mentioned in the preceding paragraph and the specific implementation measures for stopping publicity in advance are separately stipulated by the State Administration of Market Supervision and Administration.   

If the parties are ordered to stop production and operation, restrict production and operation activities, restrict employment, reduce qualification levels, revoke licenses, revoke business licenses and other serious administrative penalties stipulated by the State Administration of Market Supervision and Administration, they shall not stop publicity in advance.

Article 15 The market supervision and management departments of each province, autonomous region and municipality directly under the Central Government shall, in accordance with these regulations, timely improve the national enterprise credit information publicity system, provide convenient retrieval and access methods, and facilitate public retrieval and access to administrative punishment information.   

Article 16The market supervision and management department shall strictly perform the duties of administrative punishment information publicity, and establish and improve the internal audit and management system of administrative punishment information publicity according to the principle of ' who handles the case, who enters the case and who is responsible for the case '.  The case handling agencies should timely and accurately enter the information of administrative punishment.  The institutions responsible for enterprise credit information publicity should strengthen the daily management of administrative punishment information publicity.   

Article 17 The State Administration of Market Supervision and Administration is responsible for guiding and supervising the publicity of administrative punishment information of local market supervision and administration departments, and formulating relevant standards and technical requirements for the publicity of administrative punishment information in the national enterprise credit information publicity system.

The market supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for organizing, guiding and supervising the publicity of administrative punishment information of market supervision and administration departments at all levels within the jurisdiction, and may formulate implementation rules in accordance with these provisions and in combination with the actual work.

Article 18 The pharmaceutical supervisory and administrative departments under the State Council and provincial pharmaceutical supervisory and administrative departments shall implement the publicity of administrative punishment information, and these provisions shall apply.   

Article 19 This Regulation shall come into force on September 1,2021.  On August 19, 2014, the “ 《Interim Provisions on Information Publication of Administrative Punishment in Industrial and Commercial Administration》 ” promulgated by the former State Administration for Industry and Commerce Order No. 71 was abolished at the same time.

Source : Municipal neologism

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