Memorandum of Understanding on Carrying out of Joint Discipline Actions of the Seriously Untrustworthy in Food and Drug Production and Business

Source:http://www.creditchina.gov.cn/lianhejiangcheng/lingyulianhejiangcheng/201712/t20171218_100227.html

为全面贯彻党的十八大和十八届三中、四中、五中全会精神，落实《国务院关于建立完善守信联合激励和失信联合惩戒制度加快推进社会诚信建设的指导意见》(国发〔2016〕33号)和《国务院关于印发社会信用体系建设规划纲要(2014—2020年)的通知》(国发〔2014〕21号)等有关要求，加快推进食品药品领域信用体系建设，建立健全失信联合惩戒机制，国家发展改革委、食品药品监管总局、人民银行、中央宣传部、中央文明办、中央网信办、最高人民法院、最高人民检察院、科技部、工业和信息化部、司法部、财政部、国土资源部、商务部、国家卫生计生委、国资委、海关总署、税务总局、工商总局、质检总局、新闻出版广电总局、银监会、证监会、保监会、全国总工会、共青团中央、全国妇联、全国工商联等部门就针对食品药品领域严重失信者开展联合惩戒工作达成以下意见。

I. The targets of joint disciplinary action

The targets of joint disciplinary action are producers and traders of food and drugs (including food additives, drugs, cosmetics, medical instruments) (hereinafter food and drug producers and businesses) that have been announced by the food and drug administration departments as having serious untrustworthy conduct. Where the producers or traders are enterprises, the targets of the joint disciplinary actions are the enterprises, their legal representatives, and relevant personnel direct responsibility; where the producer or traders are other economic organizations, the targets of joint disciplinary actions are the responsible person for the economic organizations; where the producers or traders are natural persons, the targets of joint disciplinary action are the persons themselves.

II. Joint Punishment Measures, Operating Procedures, and Basis

(1) Penalty measures taken by the food and drug supervision and management departments

One or more of the following measures is to be taken based on the severity of the serious untrustworthiness in food and drug production and sales:

1. Entry as a target for key scrutiny, increasing the frequency of routine oversight inspections and increasing the enterprise risk management level; at least once every half year conduct a comprehensive and throughout oversight examination of management systems and enforcement conditions such as inspection of incoming goods, checks of certificates and receipts, delivery inspections, enterprise self-inspections, and so forth.

2. Limit engagement in food and drug production and trade activities for a certain period of time.

3. Order enterprises to carry out self-inspections on food and drug safety or invite third-parties to carry out assessments within a certain period of time.

4. Where the seriously untrustworthy have violated relevant laws and regulations, give them heavier punishments.

依据：《中华人民共和国药品管理法》、《中华人民共和国食品安全法》、《国务院关于加强食品等产品安全监督管理的特别规定》、《医疗器械监督管理条例》等相关法律法规。

(2) Cross-departmental joint disciplinary measures

1. Employ restrictive measures such as strict review, reducing the extent of support, or not giving support, when governmental funding supports are applied for.

2. Enter them into the 'strict review' category when applying to issue enterprise bonds, and limit the amount of issuances; lawfully restrict public issuance of corporate bonds;

3. When applying for duty rates for importing grains and sugar, make their untrustworthy conduct a basis for restricting the quota.

4. Lawfully prohibit participation in government purchasing activities for a set period of time.

5. Restrictions on obtaining government provided lands.

6. When applying for credit debt financing or handling credit cards, financial instititutions are to make information on untrustworthiness a major factor for consideration.

7. Make information on untrustworthiness a major consideration in reviewing the issuance of stocks of medium and small-sized enterprises.

8. Make information on untrustworthiness a major consideration when approving changes of fund management companies' or futures companies' shareholders wi/ 5% interest or more, or actual controllers.

9. For seriously untrustworthy natural persons, lawfully restrict their service as the directors, supervisors, or senior management of securities companies, fund management companies, or futures companies, and in the review of applications for eligibility to engage in securities, funds, or futures operations, and where they are already an entity or person engaged in securities, funds, or futures operations, they are to be given heightened scrutiny.

10. For seriously untrustworthy natural persons, lawfully restrict their serving as the legal representative, director, supervisor, or senior management of food and drug production or trade enterprises.

11. When applying for handling of customs clearance operations, increase the extent of oversight of imported and exported goods, and strengthen review of inventories and inspections.

12. 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.

13. When applying for port heath permits, the inspections and quarantine departments may choose to not accept it, or not give the permits.

14. Listing as a target for key monitoring in tax administration, strengthening tax management, increasing oversight and the frequency of inspections, and strictly reviewing enjoyment of tax benefits.

15. Restrict new science and technology support programs, include their serious untrustworthy conduct in their scientific research credit record, and, on the basis of relevant provisions, suspend review and of their new science and technology program support funding reports.

16. Strengthening management of publication of their advertisements by radio stations, television stations, and publishers of periodicals, a/v materials and so forth.

17. Lawfully restrict the opening of new websites; when applying for for-profit internet information services, make information on their untrustworthiness an important consideration in review for relevant permits. For the seriously untrustworthy identified by food and drug safety departments as violating rules in the provisions of internet information services on food and drugs, do not agree to their filing or permits.

18. Coordinate relevant Internet news information services units in making public announcements of the list of the seriously untrustworthy in food and drug safety.

19. Follow procedures to promptly revoke relevant honorary titles, and cancel qualifications to participate in competitions.

III. Joint Disciplinary Action Implementation Methods

(一)食品药品监管部门通过全国信用信息共享平台、地方信用信息共享平台等信息技术手段定期向参与失信联合惩戒的部门提供食品药品生产经营严重失信者名单信息。 同时，相关名单信息在食品药品监管部门门户网站、企业信用信息公示系统以及“信用中国”网站进行公示。 相关部门收到相关名单后，根据本备忘录约定的内容对其实施惩戒。

(二)建立惩戒效果定期通报机制，相关部门定期将联合惩戒措施的实施情况在全国信用信息共享平台联合惩戒子系统推送。

(三)涉及地方事权的，由地方食品药品监管部门推送相关严重失信者信息至其他部门，由其他部门按照备忘录采取惩戒措施。

IV. Dynamic Management of Credit Disciplinary Action Measures.

食品药品监督管理部门对食品药品生产经营严重失信者名单进行动态管理，及时更新相关信息，并及时推送至参与失信联合惩戒的相关部门。 对于从食品药品生产经营严重失信者名单中撤销的食品药品生产经营者，相关部门应及时停止实施惩戒措施。

V. Other matters

各部门应积极落实本备忘录，具体合作细节由各部门另行协商。