Provisions on the Display of Information on Administrative Punishments for Market Regulation

Promulgation Date: 2021-7-30
Title: Provisions on the Display of Information on Administrative Punishments for Market Regulation
Document Number:国家市场监督管理总局令第45号
Promulgating Entities: State Administration for Market Regulation
Source of text: http://gkml.samr.gov.cn/nsjg/fgs/202108/t20210801_333256.html 

Article 1: These Provisions are drafted on the basis of relevant laws, administrative regulations, and provisions of the State Council, so as to accelerate the construction of credit-based market regulation mechanisms, to strengthen credit regulation of market entities, to promote joint social governance, and to preserve the market order of fair competition.

Article 2: Market regulation departments shall record information about administrative punishment decisions made using the ordinary procedures in the National Enterprise Credit Information Publicity System, and display it to the public.

Where only an administrative punishment of a warning is received, it is not to be displayed. Except as otherwise specified by laws and administrative regulations.

The information displayed on administrative punishments of lawfully registered market entities shall be recorded under the market entity's name.

Article 3: The departments for market regulation shall comply with the principles of legality, objectivity, timeliness, and standardization in displaying information on administrative punishments.

Article 4: Information on administrative punishments displayed in accordance with article 2 of these Provisions primarily includes the administrative punishment decision and a summary of the administrative punishment information.

The departments for market regulation shall make administrative punishment decision documents in strict accordance with the relevant provisions of the State Administration for Market Regulation and draft a summary of the administrative punishment information to be attached to the front of the administrative punishment decision.

The content of the summary of administrative punishment information is to include: the administrative punishment document number, the basic information on the party given an administrative punishment, the type of unlawful conduct, the content of the administrative punishment, the name of the administrative organ that made the administrative punishment decision, and the date the decision was made.

Article 5: The departments for market regulation shall establish and complete systems for secrecy review of administrative punishment information in accordance with the PRC Law on the Protection of State Secrets; and other relevant laws and regulations. The display of administrative punishment information must not leak state secrets, and must not endanger national security, public safety, economic security, and social stability.

Article 6: The departments for market regulation shall comply with the relevant provisions of laws on the protection of commercial secrets and personal information in carrying out necessary handling of information.

Article 7: Except for handling in accordance with article 5 of these Provisions, the content of administrative punishment decision documents released by the departments for market regulation shall be the same as that in the administrative punishment decision documents served on the party being given the administrative punishment.

Article 8: When administrative punishment decision documents are served for administrative punishment decisions that shall be displayed, the departments for market regulation shall inform the party receiving the punishment that information on the administrative punishment will be publicly displayed.

Article 9: Where the market regulation department that made an administrative punishment decision and the site of registration (domicile) for the party receiving the administrative punishment are in the same province, autonomous region, or directly-governed municipality, the department that made the administrative punishment decision shall display the information on the administrative punishment though the National Enterprise Credit Information Publicity System within 20 working days of making the administrative punishment decision.

Article 10: Where the department for market regulation that made the administrative punishment decision and the site of registration (domicile) for the party receiving the punishment are not in the same province, autonomous region, or directly-governed municipality, the department that made the administrative punishment decision shall have the department for market regulation for the province, autonomous region, or directly-governed municipality in which it is located send the administrative punishment information to the department for market regulation of the province, autonomous region, or directly-governed municipality in which the party is registered (domiciled) within 10 days of the administrative punishment decision being made; and the receiving department is then to assist in displaying the administrative punishment information through the National Enterprise Credit Information Publicity System within 10 days of receiving it.

Article 11: Where administrative punishment decisions are modified, revoked, found illegal, or found invalid, the market regulation departments shall withdraw the information on the administrative punishment decision within 3 working days and explain the reasons.

Article 12: Where the departments for market regulation discover that the administrative punishment information they displayed is incorrect, they shall promptly correct it. Where citizens, legal persons, or other organizations have evidence proving that the administrative punishment information displayed by the departments for market regulation is incorrect, they have the right to request that that department make corrections.

Article 13: Display of information on administrative punishments shall stop 3 months from the date that display began where only a circular of criticism or lower value fine was received. Display of information on other administrative punishments shall stop 3 years from the date that display began where only a circular of criticism or lower value fine was received.

Market regulation departments at the provincial level or higher are to make provisions on 'lower value fines' as used in the preceding paragraph in consideration of actual working conditions.

Where, in accordance with laws and regulations, restrictions on carrying out business activities or on practice are to exceed three years, the display period is to be implemented in accordance with the actual time period.

Article 14: Where the display of administrative punishment information has reached the time limit requirements and the following conditions are met, an application to stop the display early may be made to the market regulation department that made the administrative punishment decision:

(1) They have conscientiously performed obligations provided for in the administrative punishment decision.

(2) They have proactively eliminated harmful consequences and negative impact;

(3) They have not received another administrative punishment from the market regulation departments for the same type of illegal conduct;

(4) They have not been entered into the directory of abnormal business operations or the List of the Untrustworthy with Serious Violations;

The State Administration for Market Regulation is to separately provide specific implementation measures for the time limit requirements and early stopping of display referred to in the preceding paragraph.

Where parties receive an order to stop operations, restrictions on carrying out production or business activities, practice restrictions, reductions of qualification levels, cancellation of permits, or cancellation of business licenses, as well as other heavier administrative punishment provided for by the State Administration for Market Regulation, display must not be stopped early.

Article 15: Each provincial, autonomous region, and directly-governed municipality department for market regulation shall promptly improve the National Enterprise Credit Information Publicity System in accordance with these Provisions, by providing usable and convenient methods for searches and access, facilitating public searches, and access of administrative punishment information.

Article 16: Departments for market regulation shall strictly perform duties to display administrative punishment information, following the principle of "having the person handling the case, enter the case and be responsible for it" to establish and complete systems for internal review and management of administrative punishment information displays. The case-handling body shall promptly and correctly record administrative punishment information. The body with responsibility for the work of displaying enterprise credit information shall strengthen routine management of administrative punishment information displays.

Article 17: The State Administration for Market Regulation is responsible for guiding and overseeing local departments for market regulation's efforts on the display of administrative punishment information, and for drafting standards, specifications, and technical requirements related to the display of administrative punishment information on the National Enterprise Credit Information Publicity System.

Each provincial, autonomous region, and directly-governed municipality department for market regulation is responsible for organizing, guiding, and overseeing the work of all levels of local department for market regulation in their jurisdiction for the display of administrative punishment information, and may draft detailed implementation rules on the basis of these Provisions and in consideration of actual conditions.

Article 18: These Provisions apply to the display of information on administrative punishments by the State Council departments for drug regulation and provincial-level drug administrations.

Article 19: These Provisions take effect on September 1, 2021. These Provisions take effect on September 1, 2021. The former Interim Provisions on the Publication of Information on Administrative Punishments by the Industry and Commerce Administration promulgated on August 19, 2014 by the State Administration for Industry and Commerce are simultaneously abolished.