Article 12 Whether illegal Market Supervision and Regulation Department belongs to the nature, if the circumstance is serious, bad social harm is bigger, should consider subjective malice, frequency, duration, illegal punishment type, forfeiture amount, product value, the harm to people's lives and health, damage to property and social impact and other factors.

If the party concerned has sufficient evidence to prove that there is no subjective intent, it shall not be included in the list of serious violation of law and breach of trust.

Article 13 The Market Supervision and Regulation Department shall, when making the decision on administrative punishment, decide whether to be included in the list of serious violation of law and breach of trust. In the written decision, the cause, basis, presentation of disciplinary measures, conditions and procedures for removal and relief measures shall be specified. Before the inclusion decision is made, the parties shall be informed of the reasons for the decision, the basis for the decision and the rights enjoyed by the parties according to law. The procedures of notification, hearing, service and opposition handling, etc shall be implemented together with the administrative penalty procedures.

Where a decision is made in accordance with the provisions of the preceding paragraph to be included in the list of serious violation of law and breach of trust, the management of the list of serious violation of law and breach of trust shall be held responsible by the Market Supervision and Regulation Department that has imposed the administrative penalty.

If the case is included in the list of serious violation of law and breach of trust due to the circumstances stipulated in Article 11 of these Measures, the decision of inclusion may be made separately. Procedures such as notification, hearing, service and opposition handling, etc shall be implemented with reference to administrative penalty procedures.

Article 14 If the place of registration (domicile) of the party and the Market Supervision and Regulation Department that made the decision on listing are in the same province, autonomous region or municipality directly under the Central Government, the Market Supervision and Regulation Department that made the decision on listing shall publicize the relevant information through the National Enterprise Credit Information Publicity System within 20 working days from the date of making the decision.

Included in the decision of Market Supervision and Regulation Department and the parties concerned that (local) not in the same province, autonomous region or municipality directly under the central government, on the decision of Market Supervision and Regulation Department shall make a decision within 10 working days from the date of the serious illegal faithless list information push to the parties that the (local) Market Supervision and Regulation Department, it shall assist in publicizing the information through the National Enterprise Credit Information Publicity System within 10 working days upon receipt of the information.

Article 15 The Market Supervision and Regulation Department shall implement the following management measures for the parties listed in the list of serious violation of law and breach of trust:

(1) In accordance with laws, administrative regulations and policy documents of the CPC Central Committee and The State Council, it shall be considered as an important factor in the review of administrative licenses, qualifications, commissioning of government procurement projects and tendering and bidding of projects;

(2) As a key target of supervision, improve the frequency of inspection, supervise strictly in accordance with the law;

(3) The notification commitment system is not applicable;

(4) The Market Supervision and Regulation Department shall not be awarded honorary titles and other awards;

(5) Other management measures stipulated in laws, administrative regulations and policy documents of the CPC Central Committee and The State Council.

Article 16 If the party concerned has been included in the list of serious violation of law and breach of trust for more than one year and meets the following conditions, he may apply to the Market Supervision and Regulation Department for removal in advance in accordance with the provisions of these Measures:

(1) Has consciously performed the obligations stipulated in the decision on administrative penalty;

(2) Has taken the initiative to eliminate harmful consequences and adverse effects;

(3) No longer by the Market Supervision and Regulation Department heavier administrative punishment.

In accordance with the provisions of laws and administrative regulations, if the period for implementing corresponding management measures has not expired, the applicant shall not apply for removal in advance.

Article 17 If the party applies for moving out in advance, it shall submit an application, keep faith in the letter of commitment, perform the obligations prescribed in Item 1 and Item 2 of Paragraph 1 of Article 16 of these Measures, and state the facts and reasons.

The Market Supervision and Regulation Department shall, within two working days from the date of receiving the application, decide whether to accept it or not. If the application materials are complete and in accordance with the statutory form, it shall be accepted.

The Market Supervision and Regulation Department shall, within 15 working days from the date of acceptance, verify the application and decide whether to remove it.

Article 18 If the Market Supervision and Regulation Department decides to move out, it shall stop publicizing relevant information and remove relevant administrative measures within three working days.

Article 19 If the administrative punishment based on the inclusion of the list of serious violation of law and breach of trust is revoked, confirmed to be illegal or invalid, the Market Supervision and Regulation Department shall cancel the inclusion decision of the party concerned, stop the publicity of relevant information and remove the relevant administrative measures within three working days.

Article 20 Where the party applying for removal intentionally conceals the true situation or provides false information, and the circumstances are serious, the Market Supervision and Regulation Department shall cancel the decision of removal and restore the state of listing. The publicity period is recalculated.

Article 21 If the party concerned is included in the list of serious violation of law and breach of trust at the end of three years, the Market Supervision and Regulation Department which is included in the list of serious violation of law and breach of trust shall remove the party concerned, stop publicizing the relevant information, and remove the relevant management measures. Where restrictions on production and business activities or on employment are implemented in accordance with laws and regulations for more than three years, the actual restriction period shall be applied.

Article 22 Where a Market Supervision and Regulation Department at the county level or a city divided into districts makes a decision to be included in the list of serious violation of law and breach of trust, it shall report to the Market Supervision and Regulation Department at the next higher level for approval.

Article 23 A party dissatisfied with the decision to be included in or removed from the list of serious violation of law and breach of trust may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 24 These Measures shall be applied to the effective legal documents of the people's courts received by the Market Supervision and Regulation Department which need to implement the management of the list of serious violation of law and breach of trust according to laws, administrative regulations and policy documents of the Party Central Committee and The State Council.

Article 25 These Measures shall apply to the management of list of serious violation of law and breach of trust by drug regulatory departments and intellectual property administrative departments.

Article 26 These Measures shall come into force on September 1, 2021. The Interim Measures for the Management of the Serious Violation of Law and Breach of Trust Enterprises promulgated by order No. 83 of the former National Administration for Industry and Commerce on December 30, 2015 shall be abolished at the same time.