Measures for investigation, punishment and prohibition of unlicensed business operations

Measures for investigation, punishment and prohibition of unlicensed business operations

(Promulgated by Decree No. 370 of The State Council of the People's Republic of China on January 6, 2003 and revised in accordance with the Decision of The State Council on Repealing and Amending Some Administrative Regulations of January 8, 2011)

　　These Measures are formulated for the purpose of maintaining the order of the socialist market economy, promoting fair competition and protecting the legitimate rights and interests of business operators and consumers。

　　Article 2 No unit or individual may engage in unlicensed operations in violation of the provisions of laws and regulations。

　　Article 3 For business activities involving human health, public safety, production safety, environmental protection, development and utilization of natural resources, which are subject to license examination and approval in accordance with the provisions of laws and regulations, the license examination and approval department must conduct license examination and approval in strict accordance with the conditions and procedures prescribed by laws and regulations。The administrative department for industry and commerce must go through the registration formalities and issue a business license on the basis of the license or other approval documents issued by the examination and approval department。

　　Article 4 The following illegal acts shall be investigated and dealt with by the administrative departments for industry and commerce in accordance with the provisions of these Measures:

　　(1) engaging in unlicensed business activities without a license or other approval documents or business license that should be obtained but not lawfully obtained;

　　(2) Business operations without a license or other approval documents can be obtained without a business license and without a business license in accordance with the law, engaging in business activities without a license;

　　(3) Unlicensed business activities that have been lawfully obtained a license or other approval documents, but have not lawfully obtained a business license;

　　(4) Unlicensed business operations that have gone through the cancellation of registration or have had their business license revoked, or that have failed to go through the formalities of re-registration in accordance with regulations after the expiration of the business license, and continue to engage in business activities without authorization;

　　(5) Illegal business acts that exceed the scope of business approved and registered, or engage in business activities that must be engaged in with a license or other approval documents without authorization。

　　The acts specified in items (1) and (5) of the preceding paragraph shall be investigated and dealt with by the licensing examination and approval departments of public security, land and resources, construction, culture, health, quality inspection, environmental protection, press and publication, drug administration and production safety supervision and administration (hereinafter referred to as the licensing examination and approval departments) in accordance with the duties assigned by laws and regulations。However, for the same illegal act, the party shall not be given two or more administrative penalties of fine。

　　Article 5 The administrative departments for industry and commerce at all levels shall perform their duties according to law and promptly investigate and handle unlicensed business operations within their jurisdiction。

　　Article 6 For those who have obtained a business license，However, it has not obtained a license or other approval documents according to law，Or the license or other approval documents already obtained are revoked or revoked, or the license examination and approval procedures are not completed in accordance with the law after the expiration of the validity period，Engage in relevant business activities without authorization，Where the law or regulation stipulates that the registration shall be revoked or the business license revoked，The administrative department for industry and commerce shall cancel the registration or revoke the business license。

　　Article 7 The licensing examination and approval department shall, within the validity period of the business license, revoke the license or other approval documents according to law，Or the validity period of the license or other approval documents has expired，The administrative department for industry and commerce shall be notified within 5 working days after the revocation or revocation of the license or other approval documents or the expiration of the validity period of the license or other approval documents，The administrative department for industry and commerce shall cancel the registration or revoke the business license，Or order the party concerned to register the change in accordance with law。

　　Article 8 The administrative departments for industry and commerce shall investigate and punish unlicensed business operations according to law, combine investigation and guidance, punish and educate, and urge and guide laid-off and unemployed persons or those whose business conditions, business scope and business items conform to the provisions of laws and regulations to go through the corresponding procedures according to law and operate lawfully。

　　Article 9 The administrative departments for industry and commerce at or above the county level may exercise the following functions and powers when investigating and banning suspected unlicensed business operations:

　　(1) ordering the cessation of relevant business activities;

　　(2) to investigate and understand the relevant situation from the units and individuals related to the unlicensed business conduct;

　　(3) entering unlicensed business premises for on-site inspection;

　　(4) to consult, copy, seal up or detain contracts, bills, account books and other materials related to unlicensed business operations;

　　(5) To seal up or detain tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed business activities;

　　(6) To seal up unlicensed business sites that have evidence of endangering human health, major safety risks, threatening public safety, and damaging environmental resources。

　　Article 10 The administrative department for industry and commerce shall, in accordance with the provisions of Article 9 of these Measures, seal up and detain, only with the approval of the principal person in charge of the administrative department for industry and commerce at or above the county level。

　　The law enforcement personnel of the administrative department for industry and commerce shall, when sealing up or detaining, present the law enforcement documents to the parties concerned, and deliver on the spot the written decision on sealing up or detaining and the list of sealed up or detaining property and materials。

　　In areas with inconvenient transportation or where the seizure or seizure may affect the investigation and investigation of the case if the seizure or seizure is not implemented in time, the seizure or seizure may be implemented first, and the seizure or seizure decision shall be made within 24 hours and served on the parties。

　　Article 11 The period of sealing up or detaining by the administrative department for industry and commerce shall not exceed 15 days.If the case is complicated, it may be extended by 15 days with the approval of the principal person in charge of the administrative department for industry and commerce at or above the county level。

　　The administrative department for industry and commerce shall keep the sealed or detained property properly and may not use or damage it。Where the sealed or seized property is perishable or deteriorated, the administrative department for industry and commerce at or above the county level may, after retaining evidence, auction it off or sell it off。

　　Article 12 The administrative department for industry and commerce shall make a decision on handling the case during the period of sealing up or detention。If the administrative department for industry and commerce fails to make a decision on handling the case within the time limit, it shall be deemed to have lifted the seal up or detention。

　　Where it is verified that there is no illegal act or that it is no longer necessary to seal up or detain, the administrative department for industry and commerce shall immediately lift the seal up or detain after making a decision on handling the matter。Where perishable or deteriorating property that has been sealed up or seized has been auctioned or sold off in advance in accordance with the provisions of the second paragraph of Article 11 of these Measures, all the proceeds from the auction or sale shall be returned。

　　In accordance with the provisions of these Measures, the sealed and seized property should be confiscated, confiscated according to law。

Article 13 Under any of the following circumstances, the supervisory and administrative departments of agriculture, public health, quality inspection, commerce, industry and commerce, and drugs shall, in accordance with their respective duties, take measures to correct the illegal acts, prevent or reduce the occurrence of hazards, and punish them in accordance with these provisions:

　　(1) engaging in production and business activities without obtaining a license that should be obtained according to law;

　　(2) failing, after obtaining a license or certification, to engage in production or business activities in accordance with statutory conditions or requirements, or producing or selling products that do not meet statutory requirements;

　　(3) Producers and business operators no longer meet the statutory conditions and requirements to continue to engage in production and business activities;

　　(4) Producers do not use raw materials, auxiliary materials, additives or agricultural inputs in accordance with the provisions of laws and administrative regulations and mandatory standards;

　　(5) The seller does not establish and implement the purchase inspection and acceptance system, and establish the product purchase ledger;

　　(6) The production enterprise and the seller find that the products produced and sold by them have hidden safety risks, which may cause damage to human health and life safety, and fail to perform the obligations of this provision;

　　(7) Producers and business operators violate laws, administrative regulations and other relevant provisions of these provisions。

　　The supervisory and administrative departments of agriculture, public health, quality inspection, commerce, industry and commerce, and drugs fail to perform their duties as provided for in the preceding paragraph, resulting in consequences，The supervisory organ or the organ for appointment and removal shall give the principal persons in charge, the persons directly in charge and other persons directly responsible the punishment of demerit demerit or demotion;Causing serious consequences，The principal person in charge, the person directly in charge and other persons directly responsible shall be removed from office or expelled;The principal person in charge, the directly responsible person in charge and other directly responsible persons constitute dereliction of duty，Criminal responsibility shall be investigated according to law。

　　Breach of this provision，Abuse of power or other dereliction of duty，The supervisory organ or the organ for appointment and removal shall give demerits or major demerits to the principal persons in charge, the persons directly in charge and other persons directly responsible;Causing serious consequences，The principal responsible person, the person directly in charge and other persons directly responsible shall be demoted or removed from office;The principal person in charge, the directly responsible person in charge and other directly responsible persons constitute dereliction of duty，Criminal responsibility shall be investigated according to law。

　　14th agriculture, public health, quality inspection, commerce, industry and commerce, medicine and other supervisory and administrative departments find violations of these provisions, fall within the responsibilities of other supervisory and administrative departments, shall immediately notify in writing and transfer to the competent supervisory and administrative departments for handling。The department that has the authority to handle it shall handle it without delay and shall not shirk the responsibility;If the consequences are caused by failure to deal with the matter immediately or evasion, the supervisory organ or the organ for appointment and removal shall give the principal person in charge, the person directly in charge and other persons directly responsible the punishment of demerit demerit or demotion。

　　Article 15 The supervisory and administrative departments of agriculture, public health, quality inspection, commerce, industry and commerce, and drugs shall perform their respective duties of product safety supervision and administration and have the following functions and powers:

　　(1) entering the site of production and business operation for on-site inspection;

　　(2) to consult, copy, seal up or detain relevant contracts, bills, account books and other relevant materials;

　　(3) To seal up or detain products that do not meet legal requirements, raw materials, auxiliary materials, additives, agricultural inputs used illegally, and tools and equipment used in illegal production;

　　(4) To seal up production and business sites with major potential hazards to human health and life safety。

　　Article 16 The supervisory and administrative departments of agriculture, public health, quality inspection, commerce, industry and commerce, and drugs shall establish a record system for illegal acts of producers and business operators, record and publish the situation of illegal acts;The license of a producer or business operator with a record of repeated illegal acts shall be revoked。

　　Article 17 Where an inspection and testing institution issues a false inspection report and causes serious consequences, its inspection and testing qualification shall be revoked by the department that granted it the qualification;If the case constitutes a crime, the person directly in charge and other persons directly responsible shall be investigated for criminal responsibility according to law。

　　Article 18 Product safety accidents or other product safety incidents that have a serious impact on society，The supervisory and administrative departments of agriculture, health, quality inspection, commerce, industry and commerce, and drugs must respond in a timely manner within the scope of their respective duties，Take measures，Keep a lid on things，Cut losses，Release information in accordance with The State Council regulations，Do a good job in dealing with the aftermath。

　　Article 19 Any organization or individual shall have the right to report violations of these provisions。The department receiving the report shall keep the informant confidential。If the report is verified after investigation, the department accepting the report shall give the informant a reward。

　　The supervisory and administrative departments of agriculture, public health, quality inspection, commerce, industry and commerce, and drugs shall publish their E-mail addresses or telephone numbers for reporting;Reports received shall be recorded and properly kept in a timely and complete manner。If the reported matter falls within the responsibilities of the department, it shall be accepted and verified, handled and answered according to law;If it does not fall under the responsibility of the department, it shall be transferred to the department with the power to deal with it, and the informant shall be informed。

　　Article 20 These provisions shall come into force as of the date of promulgation。