MOU on Joint Disciplinary Action against Parties with serious Untrustworthiness and Illegality in Production Quality

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来源:http://www.creditchina.gov.cn/lianhejiangcheng/lingyulianhejiangcheng/201712/t20171218_100226.html

为深入贯彻党的十八大、十八届三中、四中、五中全会精神和中央经济工作会议关于以提高发展质量和效益为中心的要求,落实《国务院关于印发<质量发展纲要(2011-2020年)>的通知》(国发〔2012〕9号)、《国务院关于促进市场公平竞争维护市场正常秩序的若干意见》(国发〔2014〕20号)、《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)、《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)有关要求,加快推进质量诚信体系建设,建立健全质量失信联合惩戒机制,按照“褒扬诚信、惩戒失信”的原则,严厉打击质量违法失信行为,营造公平竞争、优胜劣汰的市场环境,国家发展改革委、人民银行、质检总局、中央文明办、中央网信办、科技部、财政部、人力资源社会保障部、国土资源部、国资委、交通运输部、农业部、商务部、卫生计生委、海关总署、税务总局、工商总局、新闻出版广电总局、安全监管总局、食品药品监管总局、银监会、证监会、外汇局、全国总工会、共青团中央、全国妇联就对产品质量领域严重质量违法失信行为当事人开展联合惩戒工作达成如下一致意见:

I. The targets of joint disciplinary action

The targets of joint disciplinary action are production and business enterprises that have violated laws and regulations on product quality management, gone against the principles of good faith and credit, and been found by the quality departments to have serious illegal untrustworthy conduct related to quality (hereinafter simply "untrustworthy enterprises") and their legal representatives. The State Quality Inspection Administration is to periodically review the targets of joint disciplinary action described above and provide them to the each department signatory to this MOU.

II. Joint Punishment Measures

各部门依照有关法律、法规、规章及规范性文件的规定,对联合惩戒对象采取下列一种或多种惩戒措施(相关依据和实施部门见附录)。

(1) Punishment measures taken by quality supervision, inspection and quarantine departments

1. Entered as a target for key scrutiny, increase the frequency of oversight inspections and quality oversight sampling.

2. Limit applications to obtain relevant administrative permits.

3. Restrict qualification as a certified establishment, restrict obtaining, or revoke, management system certification documents.

4. Enter the party as a seriously untrustworthy enterprise for entry-exit inspections and quarantine, to carry out restrictive management measures.

5. When untrustworthy enterprises have new violations of law or regulations, they are to be given a heavier penalty in accordance with law.

(2) Cross-departmental joint disciplinary measures

6. Make untrustworthy enterprises' untrustworthy status a prudential consideration when approving the establishment of commercial banks or branches, representative offices as well purchase of stock or acquisition of commercial banks.

7. Make untrustworthy enterprises' untrustworthy status a major basis for consideration in approving the establishment of securities companies, fund management companies, or futures companies, or in registering the modification of their shareholders with more than 5% interests, actual controllers, as well as private equity investment fund managers.

8. Pay key attention to production and business units that have serious untrustworthy conduct during the supervision during and after the event in acquisitions by listed companies or non- public listed companies.

9. Restrictions on acquisition of Government Land Provisions.

10. Lawfully restrict participation in government purchasing activities.

11. Restricting participation in Project Bidding.

12. Temporarily stop approvals of the untrustworthy enterprises' relevant scientific projects.

13. Restrict advertising of products that the production or sale of has been suspended due to quality violations, and where advertisements are currently being published, they should be immediately stopped.

14. Strictly review the issuance of corporate (enterprise) bonds and issuance of non-financial debt financing tools in the inter-bank market.

15. Make the untrustworthy status of untrustworthy enterprises a important basis or consideration in their financing or in extending them credit.

16. Make the untrustworthy status of untrustworthy enterprises an important consideration in the reviews for stock issuance and listing in the national small and medium-sized enterprise share exchange system.

17. Make the untrustworthy status of untrustworthy enterprises an important basis for consideration in verification and management of foreign exchange sums such as for qualified domestic establishment investments and qualified foreign establishment investments.

18. Conduct tight oversight of production and business units with untrustworthy conduct importing and exporting of goods, and strengthen review of inventories and inspections when handling customs clearances.

19. Where production and business units with untrustworthy conduct apply for management as customs certified enterprises, do not clear their certification. Where they have already become a certified enterprise, follow provisions to adjust their credit level down.

20. Make untrustworthy enterprises' untrustworthy status a major external consideration in tax credit evaluations.

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

22. Announce information on the untrustworthiness of untrustworthy enterprises to the public through the quality inspection departments' portal websites, the 'Credit China' website and the national enterprise credit information disclosure system

23. The State Internet Information Office is to coordinate Internet news information service units disclosure to the public of information on untrustworthy enterprises' untrustworthiness.

24. Where untrustworthy enterprises change their names, their former and new name are to be disclosed on the national enterprise credit information announcement system.

25. Enter information on untrustworthiness of untrustworthy enterprises and their legal representatives into the Basic Financial Credit Information Databases, and record it in enterprises and individuals credit records.

26. Restrict untrustworthy enterprises' enjoyment of government subsidies and social security funding supports.

27. Restrict untrustworthy enterprises from receiving interests in public road tolls.

28. Make untrustworthy enterprises' untrustworthy status a prudential consideration in their enjoyment of beneficial policy supports.

29. Restrict untrustworthy enterprises and their legal representatives obtaining of honors, awards, commendations, and other honorifics issued by relevant department.

30. Restrict the legal representatives of untrustworthy enterprises from serving as the legal representative, director, supervisor, or senior management of an enterprise in a sector such as food and drug safety or special equipment, on which the consumers' lives depend.

31. In addition to the punishment measures provided above, the departments that are signatories to this MOU are to follow the currently implemented laws, regulations, and rules in their respective sectors to apply restrictions, prohibit entry, and otherwise punish untrustworthy enterprises and legal representative with quality safety issue who are listed as seriously untrustworthy and illegal.

III. Joint Disciplinary Action Implementation Methods

质检总局通过全国信用信息共享平台定期向签署本备忘录的相关部门提供严重质量违法失信联合惩戒对象的相关信息,并按照有关规定动态更新。 同时在“信用中国”网站、质检总局政府网站、全国企业信用信息公示系统等向社会公布。

各部门按照本备忘录约定内容,依法依规对严重质量违法失信联合惩戒对象实施联合惩戒。 同时,建立惩戒效果定期通报机制,各部门定期将联合惩戒实施情况通过全国信用信息共享平台反馈给国家发展改革委、质检总局及其他相关部门。

IV. Other Matters

Each department shall closely coordinate and actively implement this memorandum, drafting detailed implementation rules and operational processes on how to use, revoke, and manage information on serious and illegal untrustworthiness related to quality, and guiding all levels of units in corresponding system to carry out joint disciplinary action in accordance with law.

Specific issues in the implementation of this memorandum 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.

 

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