(Promulgated by Decree No.68 of the State Administration for Industry and Commerce on August 9, 20 14)
Article 1 These Measures are formulated in accordance with the Regulations of the People's Republic of China on the Administration of Company Registration, the Provisional Regulations on the Publicity of Enterprise Information, the Reform Plan for the Registered Capital Registration System and other administrative regulations and the relevant provisions of the State Council in order to standardize the management of the list of abnormal business operations of enterprises, ensure fair competition, promote the integrity and self-discipline of enterprises, strengthen the credit restraint of enterprises, maintain transaction safety and expand social supervision.
Article 2 The administrative department for industry and commerce shall include enterprises with abnormal operations in the list of abnormal operations, and publicize them through the enterprise credit information publicity system to remind them to fulfill their publicity obligations.
Article 3 The State Administration for Industry and Commerce shall be responsible for guiding the management of the national business exception list.
The administrative department for industry and commerce at or above the county level shall be responsible for the management of the registered business exception list.
Article 4 The administrative department for industry and commerce at or above the county level shall list enterprises in any of the following circumstances in the business exception list:
(1) Failing to publicize the annual report within the time limit stipulated in Article 8 of the Provisional Regulations on Enterprise Information Publicity;
(2) Failing to publicize relevant enterprise information within the time limit ordered by the administrative department for industry and commerce in accordance with the provisions of Article 10 of the Provisional Regulations on Enterprise Information Publicity;
(3) disclosing enterprise information, concealing the real situation and practicing fraud;
(four) through the domicile or business premises can not be contacted.
Article 5 Where the administrative department for industry and commerce lists an enterprise in the list of abnormal business operations, it shall make a decision of inclusion, record the information listed in the list of abnormal business operations in the public information of the enterprise, and publicize it uniformly through the enterprise credit information publicity system. The decision on inclusion shall include the name of the enterprise, the registration number, the date of inclusion, the reasons for inclusion and the organ that made the decision.
Article 6 If an enterprise fails to submit the annual report of the previous year through the enterprise credit information publicity system and publicize it to the public in accordance with Article 8 of the Provisional Regulations on Enterprise Information Publicity, the administrative department for industry and commerce shall, within 10 working days from the date when the annual report is publicized, make a decision to include it in the list of business anomalies and publicize it.
Article 7 If an enterprise fails to fulfill its publicity obligations in accordance with Article 10 of the Provisional Regulations on Enterprise Information Publicity, the administrative department for industry and commerce shall order it to fulfill its publicity obligations in writing within 10 days. If the enterprise fails to publicize the information within the ordered time limit, the administrative department for industry and commerce shall make a decision to include it in the business exception list within 10 working days from the date of expiration of the ordered time limit and publicize it.
Article 8 Where the administrative department for industry and commerce conducts spot checks according to law or checks according to reports, and verifies that the public information of an enterprise conceals the real situation or practices fraud, it shall make a decision to include it in the list of business anomalies within 10 working days from the date of verification and make it public.
Article 9 If the administrative department for industry and commerce is unable to get in touch with the enterprise through the place of registration or business premises in the process of performing its duties according to law, it shall make a decision to include it in the business exception list within 10 working days from the date of verification, and make it public.
The administrative department for industry and commerce can contact the enterprise by mail. If it is mailed to the registered residence or business premises of the enterprise twice and no one signs for it, it shall be deemed that it is impossible to get in touch through the registered residence or business premises. The interval between two mailings shall not be less than 15 days and shall not exceed 30 days.
Article 10 If an enterprise listed in the list of business anomalies has fulfilled its publicity obligations in accordance with the Provisional Regulations on Enterprise Information Publicity within 3 years from the date of listing, it may apply to the administrative department for industry and commerce that has made the decision to remove it from the list of business anomalies.
Where the administrative department for industry and commerce removes an enterprise from the list of business anomalies in accordance with the provisions of the preceding paragraph, it shall make a decision to remove it and publicize it through the enterprise credit information publicity system. The revocation decision shall include the enterprise name, registration number, date of revocation, reasons for revocation and the organ that made the decision.
Article 11 An enterprise listed in the list of business anomalies in accordance with Article 6 of these Measures may apply for delisting from the list of business anomalies after completing the annual report of the unreported year and publicizing it, and the administrative department for industry and commerce shall make a delisting decision within 5 working days from the date of receiving the application.
Article 12 Where an enterprise listed in the list of business anomalies according to Article 7 of these Measures applies for being removed from the list of business anomalies after fulfilling the obligation of publicity, the administrative department for industry and commerce shall make a decision of removal within 5 working days from the date of accepting the application.
Article 13 An enterprise listed in the list of business anomalies according to Article 8 of these Measures may, after correcting the information published by it, apply to the administrative department for industry and commerce for delisting from the list of business anomalies, and the administrative department for industry and commerce shall make a delisting decision within 5 working days from the date of verification.
Article 14 Where an enterprise listed in the list of abnormal business operations according to Article 9 of these Measures goes through the change registration of its domicile or business premises according to law, or the enterprise proposes that it can get in touch again through the registered domicile or business premises and apply for delisting from the list of abnormal business operations, the administrative department for industry and commerce shall make a delisting decision within 5 working days from the date of verification.
Article 15 The administrative department for industry and commerce shall, within 60 days before the expiration of the 3-year period when an enterprise is listed in the business exception list, remind it to fulfill its relevant obligations by way of announcement through the enterprise credit information publicity system; If the obligation of publicity has not been fulfilled after the expiration of 3 years, it will be listed in the list of serious illegal enterprises and publicized to the public through the enterprise credit information publicity system.
Article 16 If an enterprise has any objection to being included in the list of business anomalies, it may submit a written application to the administrative department for industry and commerce that made the decision within 30 days from the date of publicity, and the administrative department for industry and commerce shall decide whether to accept it within 5 working days. If it is accepted, it shall conduct verification within 20 working days and inform the applicant in writing of the verification results; If it is not accepted, it shall inform the applicant in writing of the reasons for not accepting it.
If the administrative department for industry and commerce finds that it is indeed wrong to include an enterprise in the list of business anomalies after verification, it shall correct it within 5 working days from the date of verification.
Article 17 An enterprise may apply for administrative reconsideration or bring an administrative lawsuit against its decision to be included in or withdrawn from the list of abnormal operations.
Eighteenth industrial and commercial administrative departments failed to perform their duties in accordance with the relevant provisions of these measures, the administrative department for industry and commerce at a higher level shall order them 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 19 The style of documents related to the management of business exception lists shall be uniformly formulated by the State Administration for Industry and Commerce.
Article 20 The State Administration for Industry and Commerce shall be responsible for the interpretation of these Measures.
Article 21 These Measures shall come into force as of 20 14 and 10. The Measures for Annual Inspection of Enterprises promulgated by Order No.23 of the State Administration for Industry and Commerce on February 24, 2006 shall be abolished at the same time.
Description of inclusions and removal methods: