The administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for organizing or conducting spot checks on the publicity information of enterprises within their respective jurisdictions. Article 4 The State Administration for Industry and Commerce and the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the requirements of fairness and standardization, randomly select not less than 3% of enterprises within their respective jurisdictions and determine the inspection list. Article 5 Spot checks are divided into non-directional spot checks and directional spot checks.
Non-directional spot check means that the administrative department for industry and commerce randomly draws lots to determine the list of enterprises to be inspected, and checks their information publicity through the enterprise credit information publicity system.
Directional spot check refers to the fact that the administrative department for industry and commerce randomly selects and determines the list of inspected enterprises according to the specific conditions of enterprise type, business scale, industry and region, and checks the information publicity through the enterprise credit information publicity system. Article 6 The administrative departments for industry and commerce at all levels shall, in accordance with the provisions of Article 4 of these Measures and the inspection list determined by the State Administration for Industry and Commerce and the administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government, inspect their registered enterprises.
If the administrative department for industry and commerce finds that the information disclosed by the enterprise may conceal the real situation or resort to deceit during supervision or according to reports, it may also inspect the enterprise.
The administrative department for industry and commerce at a higher level may entrust the administrative department for industry and commerce at a lower level for inspection. Article 7 The administrative department for industry and commerce shall, after the publication of the annual report, conduct non-directional spot checks on the information published by enterprises through the enterprise credit information publicity system. Article 8 The administrative department for industry and commerce may check the public information of enterprises by means of written inspection, on-site inspection and network monitoring. During the spot check, professional institutions such as accounting firms, tax agencies and law firms can be entrusted to carry out audit, capital verification, consultation and other related work, and the results of inspection and verification made by other government departments or professional conclusions made by professional institutions according to law can be used. Article 9 When the administrative department for industry and commerce conducts on-the-spot verification on the enterprises that have been spot-checked, the number of inspectors shall not be less than two, and they shall show their law enforcement certificates.
The inspectors shall fill in the Record Form of On-site Verification and truthfully record the verification, which shall be signed by the legal representative (person in charge) of the enterprise or sealed by the enterprise for confirmation. If the signature or seal cannot be obtained, the reasons shall be indicated, and relevant personnel may be invited to witness when necessary. Article 10 When the administrative department for industry and commerce conducts inspection according to law, the enterprise shall cooperate, accept inquiries and investigations, truthfully reflect the situation, and provide relevant materials such as accounting materials, audit reports, administrative license certificates, administrative punishment decisions, and proof of place use according to the inspection needs.
If the enterprise does not cooperate seriously, the administrative department for industry and commerce shall publicize it through the enterprise credit information publicity system. Article 11 If the administrative department for industry and commerce does not find that the enterprise does not meet the requirements after inspection, it shall record the inspection results in the public information of the enterprise within 20 working days from the date of inspection. Article 12 If the administrative department for industry and commerce finds that an enterprise fails to publicize its annual report within the time limit stipulated in the Provisional Regulations on Enterprise Information Publicity, or fails to publicize relevant enterprise information within the time limit ordered by the administrative department for industry and commerce, or the publicized information conceals the real situation or practices fraud, it shall be handled in accordance with the provisions of the Interim Measures for the Administration of Business Anomaly List. Article 13 The administrative department for industry and commerce shall uniformly publicize the inspection results through the enterprise credit information publicity system. Article 14 If the administrative department for industry and commerce fails to perform its duties in accordance with the relevant provisions of these Measures, the administrative department for industry and commerce at a higher level shall order it to make corrections; If the circumstances are serious, the responsible person in charge and other directly responsible personnel shall be dealt with in accordance with relevant regulations. Article 15 The style of documents related to the spot check of enterprise publicity information shall be uniformly formulated by the State Administration for Industry and Commerce. Sixteenth individual industrial and commercial households, farmers' professional cooperatives annual report information sampling with reference to these measures. Article 17 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures. Article 18 These Measures shall come into force as of 20 14 10 1.