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Notice of the Supreme People's Court, the National Development and Reform Commission, the Ministry of Industry and Information Technology, and Other Departments on Taking Joint Disciplinary Actions against Dishonest Persons subject to Enforcement in Tendering and Bidding Activities
[Effective]
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最高人民法院、国家发展改革委员会、工业和信息化部等关于在招标投标活动中对失信被执行人实施联合惩戒的通知
[现行有效]
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【法宝引证码】
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- Issuing authority：
Supreme People's Court,Instrumentalities of the State Council,All Commissions,State Development & Reform Commission (incl. former State Development Planning Commission),All Ministries,Ministry of Industry & Information Technology,Ministry of Housing & Urban-Rural Development,Ministry of Transport,Ministry of Water Resources,Ministry of Commerce,All Administrations,National Railway Administration,Other Institutions,Others,All Administrations (others),China Civil Aviation Administration
- Document Number：
No. 285 [2016] of the Supreme People’s Court
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Date issued：
08-30-2016
- Effective date：
08-30-2016
- Level of Authority：
Documents of Judicial Interpretation Nature
- Area of Law：Legislative Affairs
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| Notice of the Supreme People's Court, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Commerce, the National Railway Administration, and the Civil Aviation Administration of China on Taking Joint Disciplinary Actions against Dishonest Persons subject to Enforcement in Tendering and Bidding Activities | | 最高人民法院、国家发展改革委员会、工业和信息化部、住房和城乡建设部、交通运输部、水利部、商务部、国家铁路局、中国民用航空局关于在招标投标活动中对失信被执行人实施联合惩戒的通知 |
| (No. 285 [2016] of the Supreme People's Court) | | （法〔2016〕285号） |
| In order to implement the spirit of the Third, Fourth, and Fifth Plenary Sessions of the 18th CPC Central Committee, implement the requirements of the CPC Political and Legislative Affairs Committee on Effectively Solving Difficult Enforcement by the People's Courts (No. 52 [2005], CPC Political and Legislative Affairs Committee), the Several Opinions of the State Council on Promoting Fair Market Competition and Maintaining Normal Market Order (No. 20 [2014], State Council), the Notice of the State Council on Issuing the Outline of the Plan for Building the Social Credit System (2014-2020) (No. 21 [2014], State Council), and the Memorandum of Understanding on Taking Joint Disciplinary Actions against Dishonest Persons subject to Enforcement (No. 141 [2016], NDRC), accelerate and promote the building of the social credit system, establish a sound inter-departmental mechanism for taking joint disciplinary actions against dishonesty, and promote the sound and orderly development of the tendering and bidding market, the relevant matters concerning taking joint disciplinary actions against dishonest persons subject to enforcement in tendering and bidding activities are hereby notified as follows: | | 为贯彻党的十八届三中、四中、五中全会精神，落实《中央政法委关于切实解决人民法院执行难问题的通知》（政法〔2005〕52号）、《国务院关于促进市场公平竞争维护市场正常秩序的若干意见》（国发〔2014〕20号）、《国务院关于印发社会信用体系建设规划纲要（2014-2020年）的通知》（国发〔2014〕21号）、《关于对失信被执行人实施联合惩戒的合作备忘录》（发改财金〔2016〕141号）要求，加快推进社会信用体系建设，健全跨部门失信联合惩戒机制，促进招标投标市场健康有序发展，现就在招标投标活动中对失信被执行人实施联合惩戒的有关事项通知如下。 |
| I. Fully comprehending the significance of taking joint disciplinary actions in tendering and bidding activities | | 一、充分认识在招标投标活动中实施联合惩戒的重要性 |
| Good faith is one of basic principles in tendering and bidding activities. Taking joint disciplinary actions against dishonest persons subject to enforcement in tendering and bidding activities is conducive to regulating the parties' acts in tendering and bidding activities and promoting the sound and orderly development of the tendering and bidding market; is conducive to establishing a sound credit mechanism for taking joint disciplinary actions where “one shall be limited everywhere upon credit failure in one place” and promoting the building of a social credit system; and is conducive to maintaining judicial authority, improving judicial credibility, and forming good atmosphere with respect for justice and good faith in the whole society. All the relevant entities shall further increase their awareness, take joint disciplinary actions against dishonest persons subject to enforcement in tendering and bidding activities, and promote standardized, efficient, and transparent tendering and bidding activities by effectively using information on dishonest persons subject to enforcement. | | 诚实信用是招标投标活动的基本原则之一。在招标投标活动中对失信被执行人开展联合惩戒，有利于规范招标投标活动中当事人的行为，促进招标投标市场健康有序发展；有利于建立健全“一处失信，处处受限”的信用联合惩戒机制，推进社会信用体系建设；有利于维护司法权威，提升司法公信力，在全社会形成尊重司法，诚实守信的良好氛围。各有关单位要进一步提高认识，在招标投标活动中对失信被执行人实施联合惩戒，有效应用失信被执行人信息，推动招标投标活动规范、高效、透明。 |
| II. Objects subject to Joint Disciplinary Actions | | 二、联合惩戒对象 |
| Objects subject to joint disciplinary actions are the following persons who are listed as dishonest persons subject to enforcement by the peoples' courts: bidders, tendering agencies, bid evaluation experts as well as other tendering practitioners. | | 联合惩戒对象为被人民法院列为失信被执行人的下列人员：投标人、招标代理机构、评标专家以及其他招标从业人员。 |
III. Inquiry Content and Methods of Information on Dishonest Persons Subject to Enforcement
．．．．．． | | 三、失信被执行人信息查询内容及方式
．．．．．． |
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