Interim Provisions On Information Publicity Of Administrative Penalties For Industrial And Commercial Administration

In order to implement the reform plan of the registered capital registration system of the State Council, further change the way of market supervision, strengthen the credit supervision of market entities, promote social co governance and maintain fair competition in the market order, these Regulations are formulated in accordance with the administrative punishment law of the People's Republic of China, the Provisional Regulations on the publicity of enterprise information, the regulations on the disclosure of information of the People's Republic of China government, and the relevant provisions of the State Council.

The second industrial and commercial administrative departments that apply general procedures to make decisions about administrative penalty shall be publicized to the public.

The information of publicity mainly includes the administrative penalty decision and the summary of administrative penalty information.

The third industry and commerce administrative departments should publicized the information of administrative penalty, which should follow the principles of legality, objectivity, timely and standardization.

Article fourth the administrative departments for Industry and Commerce shall make strict administrative penalty decisions in accordance with the relevant provisions of the procedures for administrative penalties of the administrative organs for Industry and commerce, and make a summary of the information on administrative penalties attached to the decision before the administrative penalty.

The contents of the information summary of administrative penalty include: the number of administrative penalty decision, the basic situation of the parties to administrative penalty, the types of illegal acts, the contents of administrative penalties, the names and dates of administrative organs making decisions on administrative penalties.

The fifth administrative departments for Industry and Commerce shall establish in accordance with the relevant provisions of the law of the People's Republic of China on Guarding State secrets and other laws and regulations.

Information confidentiality review mechanism for administrative penalties.

Information on public administrative penalty shall not be divulged from state secrets, nor shall it endanger national security, public security, economic security and social stability.

The sixth industry and commerce administrative department publicized the information of administrative penalty, and should delete the contents related to business secrets and the personal information of the natural person's residence (except with the place of operation), communication mode, identity card number, bank account number and so on.

If the industry and Commerce Administration considers it necessary to be publicized, it should report to the higher level administrative department for Industry and Commerce for approval.

The seventh administrative penalty decision issued by the administrative department for Industry and Commerce shall be removed from the administrative penalty decision unless it is deleted according to the requirements of the sixth provision of this regulation.

Article eighth when delivering the decision on administrative penalty, the administrative department for Industry and Commerce shall inform the administrative penalty information of the administrative penalty information to the public in writing.

The ninth industrial and commercial administrative departments shall publicize the relevant decisions on the administrative penalty decisions applicable to general procedures, such as enterprises, individual industrial and commercial households and farmers' professional cooperatives, which are registered according to law, through the enterprise credit information publicity system.

Article tenth the administrative department for Industry and Commerce and the registration organ of administrative penalty shall make administrative penalty decisions in the same province, autonomous region or municipality directly under the central government. The administrative department for Industry and Commerce shall publicize the information on administrative penalty within 20 days from the date of making the decision on administrative penalty or the decision on administrative penalty.

Article eleventh the administrative department for Industry and Commerce and the registration organ of administrative penalty shall not be in the same province, autonomous region or municipality directly under the central government. The administrative department for Industry and Commerce shall, within 10 working days from the date of making the decision on administrative penalty or the decision of administrative penalty, pmit the administrative penalty information to the administrative departments for Industry and Commerce in the provinces, autonomous regions and municipalities directly under the central government where the parties concerned are registered, and assist them to publicize the information on administrative penalty through their enterprise credit information publicity system within 10 working days from the date of receiving the information on administrative penalty.

The twelfth administrative penalty decision has been changed because of administrative reconsideration, administrative litigation or other reasons being changed, cancelled or confirmed illegal. It should be marked in the publicity system of enterprise credit information in a striking way.

The contents of the annotation include the name, content and date of making the decision, such as alteration, revocation or confirmation.

The thirteenth administrative department for Industry and Commerce finds that the information on the administrative penalty is not accurate, and it should be corrected in time.

If citizens, legal persons or other organizations have evidence to prove that the administrative penalty information publicized by the administrative department for Industry and commerce is inaccurate, they shall have the right to request the administrative department for Industry and commerce to correct it.

The fourteenth administrative penalty information shall be recorded in the enterprise credit information publicity system at the expiration of 5 years from the date of public notice, but it will no longer be publicized.

The administrative departments for Industry and Commerce of the fifteenth provinces, autonomous regions and municipalities directly under the central government shall, in accordance with the provisions, improve the enterprise credit information public display system in a timely manner and provide convenient retrieval and inspection methods for the public to retrieve and consult the administrative penalty information.

The administrative departments for Industry and Commerce of all provinces, autonomous regions and municipalities directly under the central government shall accelerate the improvement of the management system of law enforcement and case handling, so as to ensure the accuracy and completeness of data.

Article sixteenth except in accordance with the provisions of article ninth of the enterprise credit information publicity system for publicity, other applicable procedures for making decisions on administrative penalty related information should be publicized through the portal website or special website.

The administrative departments for Industry and commerce can publicized all kinds of information about administrative penalty cases through their websites or specialized websites.

The seventeenth industry and commerce administration departments shall strictly carry out the information publicity duty of administrative penalties, and establish and improve the internal audit and management system for information disclosure of administrative penalties according to the principle of "who handles cases, who enters and who is responsible".

The case handling organization shall timely and accurately input information on administrative penalty.

The institutions responsible for the publicity of credit information shall strengthen the daily management and coordination of information publicity of administrative penalties.

The eighteenth State Administration for Industry and commerce is responsible for guiding and supervising the information publicity of administrative penalties of local administrative departments for Industry and commerce, and formulating the relevant standard and technical requirements for publicized information on administrative penalty information of the enterprise credit information publicity system.

The administrative departments for Industry and Commerce of all provinces, autonomous regions, and municipalities directly under the central government shall be responsible for organizing, directing and supervising the work of information disclosure of administrative penalties for industrial and commercial administrative departments at various levels within the jurisdiction.

If the nineteenth industry and commerce administration departments fail to perform their duties in accordance with the relevant provisions of these Provisions, the administrative departments for Industry and commerce at the next higher level shall order them to make corrections. If the circumstances are serious, the responsible persons and other persons directly responsible shall be dealt with in accordance with the relevant provisions.

Twentieth citizens, legal persons or other organizations who apply for information related to public administrative penalty shall be dealt with in accordance with the regulations of the People's Republic of China on the disclosure of government information and relevant laws and regulations.

The twenty-first provision is interpreted by the State Administration for Industry and commerce.

The twenty-second Provisions come into effect on October 1, 2014.