Market Supervision and Administration Administrative Punishment Information Publicity Provisions (State Administration for Market Supervision and Administration Order No. 45)

　　Order of the State Administration for Market Regulation

　　第45号

　　The Provisions on the Publicity of Information on Administrative Penalties for Market Supervision and Management have been reviewed and adopted at the 11th Bureau Meeting of the General Administration of Market Supervision on July 22, 2021, and are hereby promulgated and shall come into force as of September 1, 2021。

　　Director: Zhang Gong

　　July 30, 2021

　　Market supervision and administration of administrative punishment information publicity provisions

　　Article 1 These Provisions are formulated in accordance with relevant laws, administrative regulations and the relevant provisions of The State Council in order to accelerate the establishment of a new credit-based market supervision mechanism, strengthen the credit supervision of market entities, promote social co-governance and maintain the market order of fair competition。

　　Article 2 The relevant information of the administrative punishment decision made by the market supervision and management department in the application of the ordinary procedure shall be recorded in the national enterprise credit information publicity system and publicized to the society。

　　Those who receive only a warning shall not be publicized。Except as otherwise provided by laws and administrative regulations。

　　The public information of administrative penalties of market entities registered according to law shall be recorded in the name of market entities。

　　Article 3 The publicity of administrative penalty information by the market supervision and administration department shall follow the principles of legality, objectivity, timeliness and standardization。

　　Article 4 The information of administrative penalty publicized in accordance with Article 2 of these provisions mainly includes the written decision of administrative penalty and the summary of administrative penalty information。

　　The market supervision and administration department shall, in strict accordance with the relevant provisions of the State Administration for Market Supervision and Administration, make a written decision on administrative penalties, and make a summary of information on administrative penalties attached to the written decision on administrative penalties。

　　The content of the administrative penalty information abstract includes: the administrative penalty decision number, the basic situation of the parties to the administrative penalty, the types of illegal acts, the content of the administrative penalty, the name and date of the administrative organ that made the administrative penalty decision。

　　Article 5 Market supervision and administration departments shall, in accordance with the relevant provisions of the Law of the People's Republic of China on Guarding State Secrets and other laws and regulations, establish and improve the review mechanism for the confidentiality of administrative penalty information。Public information on administrative penalties shall not disclose state secrets and shall not endanger national security, public security, economic security and social stability。

　　Article 6 The market supervision and administration department shall comply with the relevant provisions of laws and regulations on the protection of trade secrets and personal information, and carry out necessary processing of information。

　　Article 7 The written decision on administrative punishment publicized by the market supervision and administration department shall be consistent with the written decision on administrative punishment served on the party concerned, except for those handled in accordance with the requirements of Article 6 of these provisions。

　　Article 8 For the administrative penalty decision that should be publicized, when serving the administrative penalty decision, the market supervision and management department shall inform the parties to the administrative penalty in writing that the administrative penalty information will be publicized to the society。

　　Article 9 The place of registration (domicile) of the market supervision and administration department that makes the decision on administrative penalty is in the same province, autonomous region or municipality directly under the Central Government，The market supervision and administration department that makes the decision of administrative penalty shall publicize the information of administrative penalty through the national enterprise credit information publicity system within 20 working days from the date of making the decision of administrative penalty。

　　Article 10 The place of registration (domicile) of the market supervision and administration department that makes the decision on administrative penalty is not in the same province, autonomous region or municipality directly under the Central Government，The market supervision and administration department that makes the decision on administrative penalty shall, within ten working days from the date of making the decision on administrative penalty, push the information of administrative penalty to the market supervision and administration department of the party's registration place (place of residence) through the market supervision and administration department of the province, autonomous region and municipality directly under the Central Government，The administrative penalty information shall be publicized through the national enterprise credit information publicity system within ten working days from the date of receipt of the administrative penalty information。

　　11th administrative penalty decision is changed, revoked, confirmed illegal or confirmed invalid, the market supervision and administration department shall withdraw the administrative penalty publicity information within three working days and explain the reasons。

　　Article 12 Where the market supervision and administration department finds that the administrative penalty information published by it is inaccurate, it shall be corrected in time。Where citizens, legal persons or other organizations have evidence to prove that the information on administrative penalties published by the market supervision and administration department is inaccurate, they have the right to request the market supervision and administration department to make corrections。

　　Article 13 Where the information on administrative penalties that are only subject to criticism or a lower amount of fines has expired three months from the date of publication, the publicity shall cease。Other administrative penalty information expires three years from the date of publication, cease to be publicized。

　　The lower amount of fines mentioned in the preceding paragraph shall be prescribed by the market supervision and administration departments at or above the provincial level in light of the actual work。

　　Where production and business activities are restricted and employment is restricted for more than three years in accordance with laws and regulations, the publicity period shall be implemented in accordance with the actual restriction period。

　　Article 14 Where the publicity of administrative penalty information meets the requirements of the prescribed time limit, and the following conditions are met at the same time, it can apply to the market supervision and administration department that makes the decision on administrative penalty to stop the publicity in advance:

　　(1) has consciously fulfilled the obligations stipulated in the decision on administrative punishment;

　　(2) it has taken the initiative to eliminate harmful consequences and adverse effects;

　　(3) has not been subjected to administrative punishment by the market supervision and administration department for the same type of illegal acts again;

　　(4) It is not included in the list of abnormal operations and the list of serious violations of law and dishonesty。

　　The specific implementation measures for the time limit requirements and the early suspension of publicity mentioned in the preceding paragraph shall be separately prescribed by the State Administration for Market Regulation。

　　Where a party is ordered to suspend production or business operation, restricted from carrying out production and business activities, restricted from engaging in employment, reduced qualification level, revocation of license certificates, revocation of business licenses, or other relatively serious administrative penalties prescribed by the State Administration for Market Regulation, it shall not stop making public notices in advance。

　　Article 15 The market supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central government shall, in accordance with these provisions, improve the national enterprise credit information publicity system in a timely manner, provide convenient retrieval and inspection methods, and facilitate the public to search and consult administrative penalty information。

　　16th market supervision and management departments should strictly perform the duties of administrative penalty information publicity, in accordance with the principle of "who handles the case, who input, who is responsible" to establish and improve the internal audit and management system of administrative penalty information publicity。Case handling agencies shall promptly and accurately enter administrative penalty information。The organization responsible for the publicity of enterprise credit information shall strengthen the daily management of the publicity of administrative penalty information。

　　Article 17 The State Administration for Market Supervision and Administration is responsible for guiding and supervising the publicity of administrative penalty information by local market supervision and administration departments, and formulating relevant standards, norms and technical requirements for the publicity of administrative penalty information by the national enterprise credit information publicity system。

　　The market supervision and administration departments of the provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for organizing, guiding and supervising the publicity of administrative penalty information of the market supervision and administration departments at all levels within their jurisdiction, and may formulate implementation rules in accordance with the actual work of these Provisions。

　　Article 18 These Provisions shall apply to the publicity of administrative penalty information by the drug regulatory department under The State Council and the drug regulatory department at the provincial level。

　　Article 19 These Provisions shall come into force as of September 1, 2021。On August 19, 2014, the former State Administration for Industry and Commerce Decree No. 71 promulgated the "Provisional Provisions on the Publicity of Administrative Penalty Information for Industry and Commerce Administration" repealed at the same time。