Then there is no way for untrustworthy enterprises to be restricted by the "blacklist"? Otherwise, the government still encourages enterprises to correct themselves and take the initiative to turn over a new leaf, and gives remedial measures: "Guiding Opinions of the State Council on Establishing and Perfecting the Joint Incentive System of Trustworthiness and the Joint Punishment System of Breach of Trust to Accelerate the Construction of Social Integrity".
How to repair credit records?
There are two ways for enterprises to repair the record of dishonesty. Enterprises involved in general dishonesty can be repaired by the credit department or the original administrative punishment organ. Those involving serious dishonesty can only be repaired by the credit information department, and those involving specific serious dishonesty cannot be repaired. The following are the conditions for judging dishonesty:
The information of administrative punishment involving general dishonesty mainly refers to the information of administrative punishment with light nature, minor circumstances and less social harm.
The information of administrative punishment involving serious dishonesty mainly refers to the information of administrative punishment with bad illegal nature, serious circumstances and great social harm. Mainly includes:
First, information about administrative punishment for acts that seriously damage the health and life safety of natural persons; Information on administrative penalties for acts that seriously undermine fair competition order in the market and normal social order; After making a judgment or decision, a judicial organ or an administrative organ refuses to perform or evades execution because it has the ability to perform, and is sentenced to administrative punishment, and the circumstances are serious; Information on administrative punishment for refusing to perform national defense obligations, endangering national defense interests and destroying national defense facilities;
Second, laws, regulations and rules clearly stipulate the information of administrative punishment that constitutes serious circumstances;
The third is the information of administrative punishment involving serious dishonesty identified by the administrative punishment decision department.
The information scope of administrative punishment involving specific serious dishonesty mainly includes:
First, information on administrative penalties in the fields of food and drug, ecological environment, engineering quality, production safety, fire safety and compulsory product certification. Being ordered to stop production or business, or having its license revoked;
Second, because of bribery, tax evasion and fraud, malicious evasion of debts, malicious arrears of payment or service fees, malicious arrears of wages, illegal fund-raising, contract fraud, pyramid schemes, unlicensed operation, manufacturing and selling fake and shoddy products, intentional infringement of intellectual property rights, loan qualification bidding, collusion bidding, false advertising, infringement of the legitimate rights and interests of consumers or securities and futures investors, serious disruption of cyberspace communication order, and gathering people to disturb social order. , was ordered to stop production or business, or the license was revoked.
The third is the irrevocable information of administrative punishment stipulated by laws, regulations and rules.
Enterprises must first be clear about their dishonesty, and then they can take corresponding processes to repair their credit. We can also judge the dishonesty of enterprises by the time of punishment. Generally speaking, those who are punished for 3 months to 1 year are generally dishonest, those who are punished for 6 months to 3 years are serious dishonest, and those who are punished for 3 years are specific serious dishonest.
The process of credit repair
Information restoration process of general administrative punishment for dishonesty
1. The administrative counterpart applies for repair according to the credit repair process of administrative penalty information of Credit China Network.
2. The administrative counterpart shall submit the following materials to the credit information department to which the administrative penalty belongs:
First, the original letter of commitment for credit repair must be signed by the legal representative and stamped with the official seal;
Two, the administrative counterpart registration certificate copy (mainly including business license, institution legal person certificate, social organization legal person registration certificate, private non enterprise unit registration certificate, foundation legal person registration certificate, etc ... ) and build official seal;
Three, a copy of the relevant certification materials (mainly including the receipt of payment of fines, etc.). ) prove that the administrative penalty has been fulfilled and affix the official seal;
Fourth, the administrative penalty information credit recovery decision (if any) issued by the administrative penalty decision organ related to general dishonesty.
3. The administrative counterpart has completed the submission of materials, and the administrative penalty information meets the requirements of the shortest publicity period. After the approval of the website organizer, it can be removed from the website for publicity.
Information repair process of administrative punishment involving serious dishonesty
1. The administrative counterpart applies for repair according to the credit repair process of administrative penalty information of Credit China Network.
2. The administrative counterpart shall submit the following materials to the credit information department to which the administrative penalty belongs:
First, the original photo and scanned copy of the credit repair commitment letter must be stamped with the official seal;
Second, the administrative counterpart's main registration certificate (mainly including business license, institution legal person certificate, social organization legal person registration certificate, private non-enterprise unit registration certificate, foundation legal person registration certificate, etc.) photo original, scanned copy or stamped copy. );
The third is the original photo, scanned copy or copy with official seal of the relevant certification materials (mainly including the receipt of payment of fines) that have been fulfilled;
Fourth, proof materials (original photo, scanned copy or copy with official seal) for actively participating in credit repair training. You can participate in the online public welfare training platform of Credit China website, public welfare training courses organized by government departments at all levels in China or training courses organized by third-party credit service institutions, and obtain training certificates.
Fifth, the credit report (original photo, scanned copy or copy with official seal) issued by the comprehensive credit service agency and the pilot unit of the credit reporting agency.
4. The administrative counterpart has completed the submission of materials, and the administrative penalty information meets the requirements of the shortest publicity period. After the approval of the website organizer, it can be removed from the website for publicity.
As far as credit repair is concerned, the general dishonesty can be easily repaired as long as the punishment decision of the competent unit is fulfilled, the relevant expenses are paid and the rectification is carried out. Serious need for enterprises to participate in credit training, apply for credit reports, and repair credit.
Of course, credit repair is not everything. For enterprises that have repeatedly broken their promises or have not completed credit repair 1 year, the relevant departments will not pass the examination and approval and will not repair them.
In recent years, the government has paid more and more attention to credit construction, issued a series of policies, and established relevant mechanisms to encourage trustworthiness and punish dishonesty. Therefore, it is king for enterprises to abide by the law and operate in good faith. If they break their promises, they should take remedial measures in time to avoid the normal operation being restricted.
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