Decree Of The State Administration For Industry And Commerce: Interim Measures For The Management Of Abnormal List Of Enterprises

　　 Article 1 In order to standardize the management of abnormal list of business operations, to ensure fair competition, to promote the integrity and self-discipline of enterprises, to strengthen the credit restriction of enterprises, to maintain spanaction safety and to expand social supervision, these measures are formulated in accordance with the regulations of the People's Republic of China on the administration of registration of companies, the Provisional Regulations on information publicity of enterprises, the reform plan of registered capital registration system, and the relevant provisions of the State Council.

The second industry and commerce administration departments will include enterprises operating exceptions in the list of abnormal business operations, and publicize them through the enterprise credit information publicity system, and remind them to fulfill their obligations of publicity.

　　 Third article The State Administration for Industry and commerce is responsible for guiding the management of abnormal lists in the whole country.

The administrative departments for Industry and commerce above the county level shall be responsible for the management of the abnormal list of enterprises registered by them.

Article fourth the administrative departments for Industry and commerce above the county level shall include enterprises with one of the following situations:

(1) the annual report has not been publicized in accordance with the eighth provision of the Provisional Regulations on enterprise information publicity.

(two) it has not publicized the information about the enterprise within the time limit stipulated by the administrative department for Industry and Commerce in accordance with the tenth provision of the Provisional Regulations on enterprise information publicity.

(three) publicity enterprise Information conceals the true situation and falsification;

(four) it is impossible to contact through registered residence or business premises.

The fifth industry and commerce administrative departments shall include enterprises in the list of abnormal business operations. They should be included in the decision, record the information included in the list of abnormal business information in the public information of the enterprise, and publicize it through the enterprise credit information publicity system. The inclusion of a decision shall include the name of enterprise, registration number, date of inclusion, reasons for inclusion and decision making organ.

If the sixth enterprise fails to submit the annual report of the previous year and publicize it to the public in accordance with the eighth provision of the Provisional Regulations on enterprise information publicity, the administrative department for Industry and Commerce shall, within 10 working days from the date of the end of the public notice of the annual report, make a decision to put it in the list of abnormal business and publicize it.

If the seventh enterprise fails to perform the duty of publicity according to the tenth provision of the Provisional Regulations on enterprise information publicity, the administrative department for Industry and Commerce shall in writing instruct it to perform its duty of publicity within 10 days. If an enterprise fails to publicize information within the time limit prescribed by the order, the administrative department for Industry and Commerce shall, within 10 working days after the expiration of the time limit for ordering it, make a decision to include it in the abnormal list of operations and publicize it.

The eighth industrial and commercial administrative departments shall carry out spot checks according to law or carry out verification according to the reports, verify the information disclosed by the enterprises and conceal the true situation and make fraudulent practices. They shall, within 10 working days from the date of their inspection, make a decision to put them in the list of abnormal business operations and publicize them.

The ninth industry and commerce administrative department can not get in touch with the enterprise through the registered residence or business place in the process of performing its duties according to law. It shall make a decision to include it in the abnormal list of business within 10 working days from the date of its inspection and publicize it.

The administrative department for Industry and Commerce may contact the enterprise by sending a special letter. Where a registered residence or business place is registered two times without a receipt, it is deemed that it is impossible to get in touch with the registered residence or business place. The time interval between the two mailing shall not be less than 15 days, and shall not exceed 30 days.

Tenth enterprises that have been listed in the list of abnormal business operations shall, within 3 years from the date of their inclusion, fulfill their obligations of publicity according to the Provisional Regulations on information publicity of enterprises, and may apply to the administrative departments for Industry and commerce that have made the decision to apply for the removal of abnormal list of business operations.

The administrative department for Industry and Commerce shall move the enterprise out of the abnormal list according to the provisions of the preceding paragraph, and shall make a decision on the removal and publicize it through the enterprise credit information publicity system. The decision of removal shall include the name of enterprise, the registration number, the date of removal, the reason for removal, and the decision making organ.

Article eleventh according to the sixth provision of these measures, enterprises that have been listed in the abnormal list of business can apply for the removal of abnormal list of business after the annual report of the year is not reported, and the industrial and commercial administrative department shall make a decision on the spanfer within 5 working days from the date of receipt of the application.

Article twelfth in accordance with the seventh provision of these measures, the enterprises that have been listed in the abnormal list of business shall apply for removal of the abnormal list after applying for the duty of publicity. The administrative department for Industry and Commerce shall make a decision of removal within 5 working days from the date of receipt of the application.

Article thirteenth in accordance with the provisions of the eighth provision of these measures, the enterprises listed in the list of abnormal operations can correct the information of their publicity. They may apply to the administrative department for Industry and Commerce for the removal of abnormal list of operations. The administrative department for Industry and Commerce shall make a decision of removal within 5 working days from the date of inspection.

Article fourteenth in accordance with the ninth provision of these measures, enterprises listed in the list of abnormal operations shall register their residence or business places according to law, or the enterprises may re register their residence or business premises through registration, and apply for the removal of abnormal records. The administrative department for Industry and Commerce shall make a decision of removal within 5 working days from the date of inspection.

The fifteenth industry and commerce administrative department shall, within 60 days prior to the expiration of 3 years of being listed on the list of abnormal business operations, notify the company to fulfill its relevant obligations through the announcement system of the enterprise credit information publicity system. If it has not fulfilled the duty of publicity for 3 years, it shall be listed in the list of serious illegal enterprises and be publicized to the public through the enterprise credit information publicity system.

Article sixteenth if an enterprise has any objection to being listed in the abnormal list of operations, it may, within 30 days from the date of public notice, make written application to the industrial and commercial administrative department that has made the decision and submit relevant supporting materials, and the administrative department for Industry and Commerce shall decide whether to accept it within 5 working days. If it is accepted, it should be verified within 20 working days and inform the applicant in writing. If it is not accepted, it will inform the applicant in writing.

If the industry and commerce administration department has found that there are errors in listing the enterprises in the abnormal list of operations, it should be corrected within 5 working days from the date of verification.

The seventeenth article decides to apply for administrative reconsideration or initiate administrative proceedings according to law.

If the eighteenth industry and commerce administration departments fail to perform their duties in accordance with the relevant provisions of these measures, the administrative departments for Industry and commerce at the next higher level shall order them to make corrections. If the circumstances are serious, the responsible persons and other persons directly responsible shall be dealt with in accordance with the relevant provisions.

Nineteenth forms of management related documents are uniformly formulated by the State Administration for Industry and commerce.

The twentieth way is to be explained by the State Administration for Industry and commerce.

The twenty-first measures shall come into force on October 1, 2014. In February 24, 2006, the "annual inspection method for enterprises" promulgated by the State Administration for Industry and commerce under the Decree No. twenty-third was abolished at the same time.