Provisions on the Publicity of Information on Administrative Punishment Imposed by Market Regulatory Authorities

Provisions on the Publicity of Information on Administrative Punishment Imposed by Market Regulatory Authorities
Provisions on the Publicity of Information on Administrative Punishment Imposed by Market Regulatory Authorities

Order of the State Administration for Market Regulation No.45

July 30, 2021

The Provisions on the Publicity of Information on Administrative Punishment Imposed by Market Regulatory Authorities, which were deliberated and adopted at the 11th executive meeting of the State Administration for Market Regulation on July 22, 2021, are hereby issued for implementation as of September 1, 2021.

Zhang Gong, Director

Provisions on the Publicity of Information on Administrative Punishment Imposed by Market Regulatory Authorities

Article 1 The Provisions are formulated in accordance with the relevant laws and administrative regulations and relevant provisions of the State Council, to accelerate the establishment of a new credit-based market regulatory mechanism, strengthen the credit regulation of market entities, facilitate social shared governance, and maintain the market order for fair competition.

Article 2 The information on decisions on administrative punishment imposed by market regulatory authorities according to the general procedure shall be recorded in the national enterprise credit information publicity system and made public.
The information on the administrative punishment of only a warning will not be disclosed to the public, unless otherwise provided for by laws or administrative regulations.
The publicized information on the administrative punishment of market entities registered lawfully shall be recorded under the names of the market entities.

Article 3 Market regulatory authorities shall publicize the information on administrative punishment in a lawful, objective, timely and standard manner.

Article 4 The information on administrative punishment publicized in accordance with Article 2 hereof mainly includes written decisions on administrative punishment and information abstracts on administrative punishment.
Market regulatory authorities shall prepare written decisions on administrative punishment in strict accordance with the relevant provisions of the State Administration for Market Regulation (SAMR), and add information abstracts on administrative punishment before the relevant written decisions on administrative punishment are made.
Information abstracts on administrative punishment shall contain such information as the document number of the written decision on administrative punishment, basic information on the party subject to administrative punishment, type of illegal act, details about the administrative punishment imposed, name of the administrative authority making such decision and date of the decision.

Article 5 Market regulatory authorities shall establish a sound mechanism for confidentiality review of information on administrative punishment in accordance with the Law of the People's Republic of China on Protecting State Secrets and other relevant laws and regulations.
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