CNCA Announcement on the Issuance of the "Interim Provisions on the Management of Untrustworthiness of Certification Bodies and Certification Personnel".

In order to strengthen the establishment of a credit system for the certification industry,Advocate honesty and trustworthiness,Punish untrustworthy conduct,According to the Regulations of the People's Republic of China on Certification and Accreditation、Measures for the Administration of Certification Bodies and relevant national credit management requirements,The CNCA has formulated the Interim Provisions on the Management of Untrustworthiness of Certification Bodies and Certification Personnel,It is hereby published。

These Provisions shall come into force on the date of promulgation。

认监委

2018July 6

(This is a public release)

 

认证机构及认证人员失信管理暂行规定

 

Article 1 In order to strengthen the establishment of a credit system for the certification industry,Advocate honesty and trustworthiness,Punish untrustworthy conduct,According to the Regulations of the People's Republic of China on Certification and Accreditation、Measures for the Administration of Certification Bodies and relevant national credit management requirements,These regulations are formulated。

Article 2 本规定所称认证机构及认证人员失信,Refers to a certification body、Certifiers violate the principle of good faith,A serious violation of the law has occurred、Administrative Regulations、Departmental regulations。

Article 3 本规定所称认证机构及认证人员失信管理,It refers to the collection of information on the untrustworthiness of certification bodies and certification personnel by the Certification and Accreditation Administration of the People's Republic of China (hereinafter referred to as CNCA).、publish、update,and employ punitive measures against untrustworthy certification bodies and certification personnel。

Article 4 地方认证监督管理部门、Accreditation Bodies、Certification, accreditation, industry associations and other relevant parties discover that certification bodies and certification personnel have false certification and other untrustworthy conduct,Relevant evidence and clues should be submitted to the CNCA in a timely manner。

Any unit or individual may provide the CNCA with information on the untrustworthy conduct of certification bodies and certification personnel。

Article 5 认监委对有关方面提供的认证机构及认证人员失信行为证据线索依法进行调查处理

Article 6 In any of the following circumstances,Certification bodies and certification personnel will be included in the list of dishonesty by CNCA:

(A) the certification body issued a false or seriously untrue certification conclusion,The approval document was revoked;

(2) The certification body engages in certification activities beyond the scope of approval,The approval document was revoked;

(3) The certification body is deceitful、Bribery and other improper means to obtain certification body qualifications,The approval document was revoked;

(4) The applicant is in the process of applying for the qualification of the certification body,Concealing relevant information or providing false information,was given an administrative penalty;

(5) The certification personnel are directly responsible for issuing false certification conclusions or have other serious violations of laws and regulations,Withdrawn from practising;

(6) Certification bodies and certification personnel are entered into the National Credit Information Untrustworthy Entities directory published by other ministries and commissions。

Article 7 认监委在其官方网站上统一公布认证机构及认证人员失信名录

The information on the list of untrustworthy certification bodies includes::Name of the institution、Unified social credit code、legal representative、The name of the person in charge and the type and number of their identity documents、Facts of untrustworthy conduct。

The information on the list of untrustworthy certified personnel includes::The name of the certifying officer、ID type and number、The name of the certification body you are working for、Facts of untrustworthy conduct。

Article 8 认证机构及认证人员对公布的失信名录有异议的,A written application may be submitted to the CNCA and relevant supporting materials may be submitted。The CNCA shall conduct verification within 20 working days after receiving the application,and inform the applicant of the verification results。
The CNCA discovers through verification that there are errors in the information on the list of the untrustworthy,Corrections shall be made within 5 working days from the date of verification。

Article 9 认监委对列入失信名录的认证机构及认证人员采取以下惩戒措施

(1) The applicant for the qualification of the certification body and its legal representative、The main person in charge、Certification personnel are included in the directory of the untrustworthy,The application for the qualification of the certification body will not be approved;

(2) The certification body and its legal representative、The main person in charge、Certification personnel are included in the directory of the untrustworthy,Renewal of its certification body qualifications、Applications for expansion of the certification field will not be approved;

(3) The legal representative of the certification body、The main person in charge、Certification personnel are included in the directory of the untrustworthy,The certification body where it is located is included in the key administrative supervision objects。

Article 10 认监委参与国家相关部门对失信主体的联合惩戒;Information on untrustworthiness of certification bodies and certification personnel will be shared with the relevant national credit information inquiry platform in accordance with provisions。

The CNCA promotes the relevant state departments to carry out joint disciplinary action against untrustworthy certification bodies and certification personnel。

Article 11 满足下列条件的,The certification bodies and certification personnel listed in the List of the Untrustworthy may submit a written application for credit restoration to the CNCA:

(1) Article 6 (1) of these Provisions、Information on untrustworthiness involved in item (2).,6 years have passed since the relevant processing;

(2) Information on untrustworthiness as provided for in article 6(3) of these Provisions,It has been 3 years since the relevant processing was completed;

(3) Information on untrustworthiness as provided for in item (4) of article 6 of these Provisions,The relevant processing has been completed for 1 year;

(4) Information on untrustworthiness as provided for in item (5) of article 6 of these Provisions,The relevant processing has been completed for 5 years;

(5) Information on untrustworthiness as provided for in item (6) of article 6 of these Provisions,Relevant certification bodies and certification personnel have been removed from the National Credit Information Directory of Untrustworthy Entities。

Article 12 认监委在其官方网站上对信用修复申请进行公示。There is no objection within 5 working days from the date of publicity,Remove the relevant certification bodies and certification personnel from the published list of untrustworthy。

The administrative punishment decision on which the management of untrustworthiness is based has been revoked,The CNCA shall, within 5 working days from the date on which the decision is revoked, remove the certification bodies and certification personnel involved from the published list of untrustworthy。

Article 13 Accreditation Bodies、Certification and accreditation industry associations shall establish their own certification bodies and certification personnel untrustworthiness management systems。

Article 14 本规定由认监委负责解释

Article 15 These Provisions shall come into force on the date of promulgation。