Interim Measures for Random Inspection on Information Publicized by Enterprises

Interim Measures for Random Inspection on Information Publicized by Enterprises

Order of the State Administration for Industry and Commerce No.67

August 19, 2014

The Interim Measures for Random Inspection on Information Publicized by Enterprises, which have been deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce, are hereby promulgated for implementation as of October 1, 2014.

Minister Zhang Mao

Interim Measures for Random Inspection on Information Publicized by Enterprises

(Promulgated by Order of the State Administration for Industry and Commerce No.67 on August 19, 2014)

Article 1 In order to enhance the supervision and administration over enterprise information publicity, and to regulate random inspection on information publicized by enterprises, in accordance with the Interim Regulations on Enterprise Information Publicity, the Reform Proposals for the Registered Capital Registration System, other administrative regulations as well as related provisions promulgated by the State Council, the Interim Measures for Random Inspection on Information Publicized by Enterprises (hereinafter referred to as the "Measures") are hereby formulated.

Article 2 For the purpose of the Measures, random inspection on information publicized by enterprises refers to an activity of an industrial and commercial administrative department of randomly extracting a certain amount of enterprises to inspect their information publicized via the enterprise credit information publicity system.

Article 3 The State Administration for Industry and Commerce is responsible for guiding nation-wide random inspection on information publicized by enterprises, as well as, where necessary, carrying out or organizing local industrial and commercial administrative departments' carrying out of random inspection on information publicized by enterprises.
Industrial and commercial administration of a province, autonomous region and municipality directly under the Central Government is responsible for organizing or carrying out random inspection on information publicized by enterprises within their respective jurisdictions.

Article 4 The State Administration for Industry and Commerce and industrial and commercial administrations of provinces, autonomous regions and municipalities directly under the Central Government shall, according to their registration numbers and in a fair and standard manner, randomly extract no less than 3% enterprises within their respective jurisdictions so as to determine the list of enterprises to be inspected.

Article 5 Random inspection is divided into non-directional inspection and directional inspection.
In non-directional inspection, an industrial and commercial administrative department determines the list of enterprises to be inspected by random extraction so as to inspect their information publicized via the enterprise credit information publicity system.
In directional inspection, an industrial and commercial administrative department determines, by random extraction, the list of enterprises to be inspected by enterprise type, business scale, belonging industry, geographical location and other specified conditions so as to inspect their information publicized via the enterprise credit information publicity system.

Article 6 Industrial and commercial administrative departments of all levels shall inspect registered enterprises according to the list determined by the State Administration for Industry and Commerce and industrial and commercial administration of the province, autonomous region and municipality directly under the Central Government in accordance with Article 4 of the Measures.
If, in the course of supervision, there are enterprises being found or being reported with possible behaviors of concealing facts or practicing fraud in information publicity, the industrial and commercial administrative department concerned may inspect such enterprises as well.
A superior industrial and commercial administrative department may authorize a subordinate industrial and commercial administrative department to carry out the inspection.

Article 7 After completion of annual report publicity of each year, an industrial and commercial administrative department shall conduct non-directional inspection once on information publicized by enterprises via the enterprise credit information publicity system.

Article 8 When randomly inspecting information publicized by enterprises, an industrial and commercial administrative department may adopt such methods as written inspection, on-site verification and network monitoring.
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