Memorandum of Understanding on Carrying Out Joint Punishments Against Entities with Serious Illegal Untrustworthiness in the Cultural Market Sector

Source:http://www.ndrc.gov.cn/zcfb/zcfbtz/201901/t20190109_925369.html

The following Opinions on efforts to Carry Out Joint Punishments Against against Seriously Untrustworthy Entities and relevant personnel in the Culture Market field are hereby given so as to implement the spirit of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the 19th Party Congress, to implement the requirements of the "State Council Notice on the Issue of the Planning Outline for the Establishment of a Social Credit System (2014-2020)"; (Guofa (2014) No. 21), the "State Council Guiding Opinion on Establishing and Improving a system of Joint Rewards for Trustworthiness and Joint Disciplinary Action Against Untrustworthiness to Accelerate the Establishment of Societal Creditworthiness" (Guoafa (2016) No.33)，the "Ministry of Culture and Tourism Notice on Issuing the 'National Measures on the Management of the Cultural Marketplace Blacklist'" and other such documents, and accelerate the establishment of a credit system in the cultural market field and establish and complete mechanisms for joint disciplinary measures in the cultural market field; and has been agreed upon by the National Development and Reform Commission, People's Bank of China, Ministry of Culture and Tourism, Organization Department of the CPCC, Publicity Department of the CCCPC, United Front Work Department of CPC Central Committee, Civilization Office of the CPCC, Ministry of Science and Technology, Ministry of Finance, Ministry of Human Resources and Social Security, Department of Natural Resources, General Customs Administration, State Administration of Taxation, State Administration for Market Regulation, Banking Insurance Regulatory Commission, Securities Regulatory Commission, the All-China Federation of Labor Unions, and other such departments.

I. The targets of joint disciplinary action

The targets of joint disciplinary action are market entities that have been listed in the cultural market blacklist for serious illegal untrustworthiness, and their legal representatives or principle responsible persons. Cultural market entities as used in the Memorandum includes enterprises and sole-proprietors engaged in commercial performances, entertainment venues, art works, Internet access services, Internet culture and other business activities.

Where cultural market entities that receive administrative punishments for violations of relevant laws and regulations or that engage in cultural market business activities without permits, and have any of the following situations, the cultural market entities and their legally representatives or primary responsible persons, are to be included for management in the cultural market blacklist:

(1) Engaged in cultural market business activities of their own accord, causing serious accidents or heinous social impact;

(2) Received an administrative punishment revoking permits from administrative departments for culture and tourism or comprehensive law enforcement bodies for the cultural market;

(3) Had permits or approval documents revoked by the administrative departments for culture and tourism because they were obtained through fraud, intentional concealment, fabricating materials, or other improper methods; or where there is conclusive evidence that they fabricated or altered permits or approval documents;

(4) Other situations that laws or regulations provide shall be included in the cultural market blacklist.

II. Joint Punishment Measures

In accordance with relevant provisions, each departments is to employ one or several of the following disciplinary measures against the targets of joint disciplinary action (See attachment for the relevant legal and policy basis):

(1) Punitive measures employed by the Ministry of Culture and Tourism:

1. Strict review of applications for administrative review and approval of programs.

2. Carrying out restrictive or prohibition measures in accordance with laws and regulations in areas such as market entry.

3. Inclusion as subjects for key oversight, increase the frequency of inspections, and increase the force of oversight.

4. Give heavier sentences in accordance with laws and regulations to repeat violations of laws and regulations.

5. Prohibit participation in the selection for Chinese government culture and arts prize, Mandarin Awards, Galaxy Awards, Animation Awards, and other award programs.

6. Restrict participation in or enjoyment of preferential measures such as Ministry of Culture and Tourism supported pilots, demonstration projects, and financial supports.

(2) Cross-departmental joint disciplinary measures

1. Prohibit participation in selection for 'the Best Works Project [the 5 '1' project], moral exemplars, national labor day awards, national worker pioneer and other honorifics and prizes.

(Implementing Departments: Publicity Department of the CCCPC, Civilization Office of the CPCC, All-China Federation of Labor Unions)

2. Restrictions on serving as the legal representative or principle responsible person of an entertainment venue, internet service business venue, for profit internet cultural unit, arts or performance troupe, performance management agency, or unit operating a performance venue.

(Implementing Departments: State Administration for Market Regulation, Ministry of Culture and Tourism)

3. Make information on untrustworthiness an important consideration in Investment in commercial banks as well as banking credit decision making, and credit debt management.

(Implementing Departments: People's Bank of China, China Banking Regulatory Commission, Insurance Regulatory Commission)

4. Make information on untrustworthiness a consideration in reviewing the issuance of stocks and transferable securities of medium and small-sized enterprises.

(Implementing Departments: Securities Regulatory Commission)

5. Lawfully not accepting applications for issuance of corporate bonds; lawfully make information on untrustworthiness a consideration in registered issuance of non-financial enterprises debt financing tools; lawfully entities responsible for untrustworthiness's records of untrustworthiness a consideration in approving or filing corporate bonds.

(Implementing Departments: National Development and Reform Commission, China Securities Regulatory Commission, People's Bank of China)

6. Pay key attention to entities responsible for untrustworthiness in the supervision during and after the event in acquisitions by listed companies or unlisted public companies.

(Implementing Departments: Securities Regulatory Commission)

7. Make information on untrustworthiness a consideration in review of major asset reorganizations of non-listed public companies.

(Implementing Departments: Securities Regulatory Commission)

8. Make information on untrustworthiness a consideration in the approval of independent fund sales establishments.

(Implementing Departments: Securities Regulatory Commission)

9. Applications for eligibility to engage in securities, funds, or futures operations from relevant entities that have records of untrustworthiness are to be strictly reviewed, and where they are already an entity related to persons engaged in securities, funds, or futures operations, they are to be given key scrutiny.

(Implementing Departments: Securities Regulatory Commission)

10. Use information on untrustworthiness as a consideration in approval or recording of directors, supervisors, or senior management, or the responsible persons at branch organizations of securities companies, insurance companies, fund management companies, or futures companies.

(Implementing Departments: Securities Regulatory Commission)

11. Make untrustworthy information a consideration in approvals or recording of modifications to securities companies', insurance companies', fund management companies', or futures companies' establishment, equity rights, and actual controller, or private investment fund managers registration, modification of major matters, and other fund recording, evaluation of relevant responsible parties, selection of cadres, and so forth.

(Implementing Departments: Securities Regulatory Commission)

12. Make information on untrustworthiness a consideration in oversight and management during and after the fact of a domestic listed company's implementation of an equity incentive plan or making relevant personnel equity incentive recipients.

(Implementing Departments: Securities Regulatory Commission)

13. Make information on untrustworthiness a prudential consideration in tax credit management.

(Implementing Departments: State Administration of Taxation)

14. Increase the force of oversight over import and export goods, strengthen market control inspections, and subsequent audits or statistical oversight. Where applying for customs verified enterprise management, verification is not to be given; for those who have already become verified enterprises, lower their enterprise credit level in accordance with provisions.

(Implementing Departments: General Customs Administration)

15. Lawfully prohibit their participation as a supplier in government procurement activities for a fixed period of time.

(Implementing Departments: Ministry of Finance)

16. Carry out necessary restrictions on acquisition of Government Land Provisions.

(Implementing Departments: Department of Natural Resources)

17. Make information on untrustworthiness an important consideration in bidding and tendering.

(Implementing Departments: The National Development and Reform Commission)

18. Make information on untrustworthiness an important consideration in applications for government capital supports.

(Implementing Departments: All levels of people's government, National Development and Reform Commission, Ministry of Finance, Ministry of Culture and Tourism)

19. When recruiting (hiring) civil servants or public institution staff, lawfully impose restrictions.

(Implementing Departments: Organization Department of the CPCC, Ministry of Human Resources and Social Security)

20. Restrict recommendations to be a candidate for National People's Congress deputy or CPPCC member.

(Implementing Departments: United Front Work Department of CPC Central Committee, Organization Department of the CPCC)

21. Departments for oversight and management of relevant markets are to increase the frequency of routine oversight and inspections and increase the force of random inspections.

(Implementing Departments: market oversight administration of each city, competent departments for inudstries)

22. Announce them to the public through the Chian Cultural Market Network, the 'Credit China' website, and the national enterprise credit information disclosure system.

(Implementing Departments: Ministry of Culture and Tourism, National Development and Reform Commission, General Market Administration )

23. Enter information on untrustworthiness into the basic credit information databases, and record it in enterprises and individuals credit records.

(Implementing Departments: People's Bank of China)

III. Joint Disciplinary Action Implementation Methods

The Ministry of Culture and Tourism is responsible for establishing the national cultural market blacklist management system, uniformly publishing the national cultural market blacklist to the public, and regularly providing it to each relevant department participating in joint disciplinary action through the national credit information sharing platform; and at the same time, lawfully following regulations to publicly announce them on websites such as the China Culture Market Network, the 'Credit China' Website, and the national enterprise credit information announcement system. After each department receives the national cultural market blacklist, they are to implement punitive measures on the basis of this MOU and departments are to give feedback to the National Development and Reform Commission and Ministry of Culture and Tourism through the national credit information sharing platform on the state of implementation for joint punishment and reward measures.

IV. Dynamic Management of Joint Disciplinary Action Measures.

The Ministry of Culture and Tourism is to carry out dynamic management of the national culture market blacklist, and after the period of entry for culture market entities and their legal representatives or principle responsible person are completed are to follow procedures to remove them from the national culture market blacklist, and blacklist records are to be stored longtem in the electronic archives. The Ministry of Culture and Tourism is to promptly update the national culture market blacklist information on the national credit information sharing platform, and on the basis of their legally-prescribed duties, each relevant department is to carry out joint punishments or lift measures, in accordance with laws, regulations or relevant provisions.

V. Other matters

Each department shall closely coordinate and actively implement this memorandum. Specific issues in implementation related to the coordination and cooperation between departments are to be settled by the departments through consultations.

After this memorandum is signed, where any laws, regulations, rules or normative documents that are the basis for any joint punishment measure are revised or adjusted, the revised laws, regulations, or normative documents are controlling.

Attachment：The relevant basis and implementing units for disciplinary action