691 total views, 1 views today
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
(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
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.