The transportation logistics industry will establish a "blacklist", and the National Development and Reform Commission will announce the draft for comments.

On August 1, the National Development and Reform Commission announced the “Implementation Opinions on the Management of the List of Joint Disciplinary Objects for Untrustworthiness in the Transportation and Logistics Industry (Draft for Comment)” (hereinafter referred to as “Implementation Opinions”). The "Implementation Opinions" includes untrustworthy in the 10 major areas of road traffic safety, road freight transportation, road freight station management, waterway transportation, water traffic safety supervision and management, international freight forwarding, customs supervision, railway transportation, civil aviation transportation, and express delivery. The criteria for the identification of the list of joint disciplinary objects (ie “blacklists”) were clarified.


The "Implementation Opinions" will be implemented from the date of issuance and will be valid until December 31, 2021. The "Implementation Opinions" require that a "blacklist" management system be established in accordance with the law. Based on the results of relevant judicial judgments, administrative penalties, administrative compulsory, etc., according to the procedures, the market participants of the transportation and logistics industry and their related personnel (ie “untrusted subjects”) will be involved in illegal and untrustworthy acts of bad nature, serious circumstances and social harm. ) It is included in the "blacklist" and announced to the public to implement credit restrictions and joint punishment.

The following are the main contents of the "Implementation Opinions":


First, the overall requirements


(1) The competent department of the government and the industry supervision department shall establish and improve the management system for the list of unrecognized joint punishment targets according to the law according to the rules of the letter of trust obtained and recognized in the pre- and post-regulatory links. Based on the results of relevant judicial decisions, administrative penalties, administrative compulsory, etc., according to the procedures, the market participants of the transportation and logistics industry and their related personnel (hereinafter referred to as the subject of dishonesty) will be involved in illegal and untrustworthy acts of bad nature, serious circumstances and social harm. , listed in the "black list", and announced to the public, the implementation of credit constraints, joint punishment. For those who have lost their trust but whose severity has not yet reached the “blacklist” criteria, the relevant departments may, according to their work needs, include them in the list of key stakeholders in the integrity situation and implement strict regulatory measures.


(2) The main body of the transportation and logistics industry refers to enterprises engaged in transportation, warehousing, loading and unloading, distribution, agency, packaging, distribution processing, express delivery, information services and other logistics related businesses, as well as their branches and individual industrial and commercial households; The legal representative, the person in charge of the enterprise, the actual controller and the practitioners who have direct responsibility.


(3) The National Development and Reform Commission is responsible for the comprehensive coordination of the “blacklist” management of the national transportation and logistics industry, using the national credit information sharing platform and the “Credit China” website to carry out the aggregation, exchange and release of “blacklists” to promote implementation. Joint punishment. The Ministry of Public Security, the Ministry of Transport, the Ministry of Commerce, the General Administration of Customs, the State Administration of Railways, the Civil Aviation Administration of China, the State Post Bureau and other relevant state departments are responsible for the formulation of the “blacklist” certification standards within the scope of their functions and powers. The public security, transportation, commerce, postal administration departments at the county level and above, the relevant departments of the General Administration of Customs, the State Railway Administration, and the Civil Aviation Administration of China shall be responsible for the management of the “blacklist” within the jurisdiction according to their division of responsibilities.


(4) The relevant information of the untrustworthy subject identified as the “blacklist” of the transportation and logistics industry shall be included in the national credit information sharing platform, in accordance with the “Memorandum of Cooperation on Joint Disciplinary Action against the Serious and Untrustworthy Market Subjects and Related Personnel in the Transportation and Logistics Industry” (below) Referred to as the "Memorandum" for the implementation of joint punishment.


Second, the standard of recognition


(5) If the market main body of the transportation and logistics industry and its related personnel have one of the following circumstances in the field of road traffic safety, they shall be included in the “blacklist” in accordance with the prescribed procedures:


1. Persons or legal persons who have obtained motor vehicle driving licenses or motor vehicle registrations after fraudulent or bribery use, and have been revoked by the public security department for driving permission or motor vehicle registration.


2. Forgery, alteration or use of persons or legal persons who forge or alter motor vehicle licenses.


3. Drunk driving a motorized vehicle, driving a motorized vehicle after drinking alcohol, or driving a motorized vehicle after being punished after drinking a motorized vehicle.


4.** Drivers driving motor vehicles.


5. Driving and operating a motor vehicle If the driving speed exceeds the specified speed of 20% in more than 3 times, the driver who drives the motor vehicle at a speed exceeding 50% of the prescribed speed exceeds 2 times in 1 year.


6. Drivers who drive cargo vehicles over 30% or over 3 times in 1 year.


7. The vehicles of the transport unit are overloaded, and the road transport enterprises and related responsible personnel who have not been punished.


8. A driver who bears full responsibility or primary responsibility in a traffic accident with personnel**.


Drivers operating in 9.1 years Motorists who illegally occupy emergency lanes on the expressway for more than 2 times.


10. A traffic accident involving ** three or more accidents within six months, and the unit or vehicle driver shall bear full responsibility or primary responsibility for the accident.


11. A driver who escapes after a traffic accident.


12. Drivers who intentionally cause traffic accidents.


"Exceeding" "above" in the above items includes the number.


(6) If the market entity of the transportation and logistics industry and its related personnel have one of the following circumstances in the field of road cargo transportation, they shall be listed in the “blacklist” in accordance with the prescribed procedures:


1. The freight vehicle was illegally transported more than 3 times within 1 year.


2. The driver of the freight vehicle violated the law and exceeded the traffic for more than 3 times within 1 year.


3. The road transport enterprises have exceeded 10% of the total number of freight vehicles in this unit within 1 year and have been ordered to suspend business for rectification by the road transport management agency.


4. The motor vehicle maintenance and repair operator arbitrarily ** the motor vehicle, the circumstances are serious, and the business license is revoked.


5. Instruct and force the driver of the vehicle to overrun the goods, and the road transportation management agency shall impose a fine of more than 20,000 yuan, or be given more than three administrative penalties within one year.


6. Conceal the relevant situation or provide false materials to apply for an over-limit transportation administrative license, or obtain an administrative license by fraud, bribery or other improper means.


7. Drivers, source units and large-scale transportation enterprises of over-limit overloaded transport vehicles shall refuse to supervise and inspect the relevant departments or provide false information without justifiable reasons.


8. Due to traffic congestion, forced card punching, ** resistance to law, damage to related facilities and equipment, the public security organs are given administrative punishment according to law.


9. A major liability accident caused by illegal overrun overload and equal liability or above.


10.** Anti-law causes people to be ** or hurt.


11. Road transport enterprises and employees are included in the “blacklist” of safe transportation production.


"Exceeding" "above" in the above items includes the number.


(7) If the market main body of the transportation and logistics industry and its related personnel have one of the following conditions in the field of road freight station management, they shall be listed on the “blacklist” in accordance with the prescribed procedures:


1. Providing false materials, false reports, and reporting important matters in the process of applying for financial subsidies for transportation, or obtaining financial subsidies for transportation by improper means such as deception or bribery.


2. When using transportation financial subsidy funds, violating relevant laws and regulations, or making major adjustments to the construction content or standards of subsidy funds, resulting in the project no longer meeting the main technical and service functional requirements.


3. The freight hub (logistics park) that has obtained the transportation investment subsidy fund, has undergone major changes or adjustments to the logistics service function during the ten-year period of operation, and has not returned the investment subsidy funds that have been obtained as required.


(8) If the market subject of the transportation and logistics industry and its related personnel have one of the following circumstances in the field of waterway transportation, they shall be listed in the “blacklist” in accordance with the prescribed procedures:


1. Violation of relevant laws and regulations, the relevant transportation management department shall revoke the relevant licenses, or the water transportation enterprises that have been revoked by the relevant transportation management departments due to serious violations of laws and regulations.


2. In violation of relevant laws and regulations, the relevant transportation and transportation administrative department shall order the water transportation enterprises to stop the operation, suspend production and suspend business for rectification.


3. In the process of applying for transportation related administrative licenses, financial subsidies, etc., provide false materials, and report the water transport units that report important matters.


4. Water transport personnel who forge, alter, trade, lend or alter the qualification certificates for dangerous goods in the waterway transportation field.


5. Those who have not obtained the corresponding types of qualification certificates for the dangerous goods waterway transportation workers.


6. Participate in the water transport personnel who are involved in fraud in the relevant qualification assessment of water transport.


7. Water transport personnel who are mainly responsible for the cancellation of relevant business qualifications or the revocation of relevant licenses by the relevant transportation management department.


8. After the administrative decision of the transportation management department, there are water transport units and employees who have the ability to perform but refuse to perform or evade execution.


9. There are water transport units and practitioners who are seriously deficient in the “blacklist” of transportation safety production.


10. There are other water transport units and employees who are seriously untrustworthy as determined by the Ministry of Transport.


(9) If the market subject of the transportation and logistics industry and its related personnel have one of the following circumstances in the field of water traffic safety supervision and management, they shall be listed in the “blacklist” in accordance with the prescribed procedures:


1. The subject of the dangerous goods/pollution hazardous goods entering or leaving the port is the subject of reporting or misrepresenting the illegal act (the shipper or the carrier who deliberately acts together with the shipper (two or more times in a calendar year)).


2. A ship that forges a ship's statutory certificate and instrument.


3. Ships that discharge ship pollutants illegally (two or more times in a calendar year).


4. Ships and operating units that fail to report the anti-pollution operation information to be reported to the maritime management agency (three or more times in a calendar year).


5. A shipborne dangerous goods claimant who has one of the following actions:


(1) Failure to declare or report according to regulations, resulting in accidents during the loading and unloading or transportation of dangerous goods;


(2) Deception, fraud, provision of false materials, etc.;


(3) Responsible for major accidents involving dangerous goods;


(4) Transferring or transferring the "Quality Certificate for the Transport of Dangerous Chemicals by Waterway" to others for use;


(5) Altering the Qualification Certificate for the Transport of Dangerous Chemicals by Waterway Transport;


(6) Responsible for misreporting and reporting dangerous goods.


6. Container packing inspectors who have one of the following actions:


(1) Failure to issue the "Container Packing Certificate" in accordance with the regulations, resulting in accidents during the loading, unloading or transportation of dangerous chemicals (goods) containers, causing serious consequences;


(2) Deception, fraud, and provision of a false "Container Packing Certificate";


(3) The inspector's account is loaned or leased to others for use;


(4) Issue a "Container Packing Certificate" for containers installed by units not engaged by the company;


(5) The “Container Packing Certificate” was issued without on-site supervision and inspection.


7. Enterprises that illegally provide non-compliant fuel (two or more times in a calendar year).


8. The shipping company refuses to accept the daily supervision and inspection carried out by the maritime administration for no reason or fails to rectify the matters that the maritime administration has supervised and rectified without reasonable reasons within the stipulated time.


9. Waterborne traffic accidents involving 5 (or missing) people in the ship managed by the shipping company have been found to have serious problems in the company's safety management.


10. One-third or more of the ships managed by the shipping company are included in the key tracking ship.


11. The ship managed by the shipping company refuses to accept or evade after the violation of the law, and the shipping company has not taken effective measures.


12. Ships managed by shipping companies use forged, altered, transferred, traded, leased ship certificates, crew certificates for operations or other related activities.


13. The shipping company failed to establish the company's safety management system and obtain a valid certificate of compliance (DOC) or the ship under management did not obtain a valid safety management certificate (SMC), which has not been rectified after being supervised by the maritime administration.


14. The owner or operator of a ship or water facility does not apply for inspection to the ship inspection agency before the ship, water facility construction, major alteration or operation.


15. Ships that intentionally violate the regulations to carry out inbound and outbound reports, or who are unable to carry out inbound and outbound reporting as required by repeated penalties (two or more in a calendar year);


16. One of the following situations exists during the maritime charge collection process:


(1) Contributors who fail to pay or pay less port construction fees and ship oil pollution damage compensation funds (two or more in a calendar year);


(2) Contributors and ships that fail to comply with the regulations for port construction fees and ship oil pollution damage compensation funds (two or more in a calendar year);


(3) For domestic and foreign export goods that have not paid the port construction fee, the operator, the shipping agency or the cargo carrier that violates the regulations for loading or withdrawing from the port (two or more in one calendar year);


(4) The port construction fee entrusted to the collection unit that is seriously in violation of the regulations and is cancelled by the maritime department.


17. One of the following situations exists in the management of maritime crew:


(1) obtaining crew certificate of competency, certificate of crew training, seafarer's certificate of the People's Republic of China by fraudulent or bribery;


(2) Forging, altering or trading the crew's certificate of competency, the certificate of crew training, and the seafarer's certificate of the People's Republic of China;


(3) Those who have not obtained the training license for the crew and the seafarers' assignment qualifications are allowed to engage in crew training and seafarer assignment services.


18. Use someone else's "Quality Certificate for the Transport of Dangerous Chemicals in Waterways" to apply for the declaration or issue of the "Container Packing Certificate".


(10) If the market participants of the transportation and logistics industry and their related personnel are found to be seriously untrustworthy in the field of international freight forwarding by the competent department of the industry, they shall be listed on the “blacklist” in accordance with the prescribed procedures.


1. Acting in the form of concealment, misrepresentation, etc. to stop the import and export of goods and dangerous goods, deliberately evade supervision, causing serious consequences, and being investigated by relevant administrative departments according to law.


2. Engage in business activities by means of abnormal competition, seriously disrupt the market operation order, and be punished by the relevant administrative department.


3. Violation of the "Regulations of the People's Republic of China on the Administration of International Freight Forwarding Industry" and related regulations constitutes a crime and is investigated for criminal responsibility according to law.


(11) If the market subject of the transportation and logistics industry and its related personnel have one of the following circumstances in the field of customs supervision, they shall be listed on the “blacklist” in accordance with the prescribed procedures:


1. Have a crime or ** behavior.


2. The number of violations of customs supervision regulations by non-declaration enterprises within one year exceeds the previous year's customs declaration, entry and exit filing list, inbound and outbound transportation manifests and other relevant documents, and the total amount of customs administrative punishments exceeds 100. 10,000 yuan; the number of violations of customs supervision regulations within 1 year of the customs declaration enterprise exceeds the previous year's customs declaration, entry and exit filing list, inbound and outbound transportation manifests and other related documents, and the total amount of relevant administrative penalty is more than 300,000 yuan; non-declaration enterprises and customs declaration enterprises registered or registered in the same year, the amount of customs administrative punishments exceeded 1 million yuan and 300,000 yuan respectively in violation of customs supervision regulations within one year; non-declaration for non-origin registration or filing Enterprises and customs declaration enterprises did not have import and export business in the previous year. The amount of customs administrative punishments in violation of customs supervision regulations exceeded 1 million yuan and 300,000 yuan respectively within one year.


3. Arrears should be levied or norrears should be paid.


4. There are cases (Article 2) of Article 8 of the Customs Enterprise Credit Management Measures of the People's Republic of China (Details: After field inspection, the residence or business premises registered with the customs cannot be found, and it is not possible to register at the customs. The contact information is contacted by the company) and has been listed by the Customs as an abnormal business directory of credit information for more than 90 days.


5. Obtain improper benefits in the name of customs or other enterprises.


6. Conceal the truth from the customs or provide false information, affecting the credit management of enterprises.


7. Resist and obstruct the customs staff to perform their duties according to law, and the circumstances are serious.


8. Due to criminal offences, it was included in the list of national disciplinary joint punishments.


9. The company has violated the border health quarantine, entry and exit animal and plant inspection