First, the enterprise engaged in production and business activities did not obtain the qualification license

Under the conditions of market economy, market players must obtain relevant qualifications or qualifications to enter certain areas of the market to engage in production and business activities. Through administrative licensing and other means, the state examines the qualifications of market entities, and prohibits market entities that do not meet certain industry standards from entering the market. This measure effectively prevents economic organizations that do not have qualifications or production and business conditions from engaging in this economic activity, so as to maintain the order of transactions and protect the legitimate rights and interests of consumers. However, in practice, in order to engage in production and business activities, enterprises that do not have business qualifications often adopt the mode of affiliated operation and carry out business activities in the name of other qualified units. From a legal point of view, affiliated operation is a circumvention and violation of administrative review, which is illegal in administrative law. Once the project has problems, affiliated and affiliated units will face administrative penalties and civil compensation liabilities, and may even bear criminal responsibility.

Second, the enterprise is still engaged in relevant business after the expiration of the qualification

Generally speaking, the relevant qualifications of enterprises have a certain timeliness. For example, according to the provisions of Article 18 of the Provisions on the Administration of Qualifications of Construction Enterprises, if the qualification certificate of construction enterprises expires and the enterprise continues to engage in construction activities, it shall apply to the original qualification licensing authority for renewal three months before the expiry of the qualification certificate. According to the provisions of Article 15 of the Administrative Measures for the Maintenance Qualification of Major Equipment in Coal Mines, the qualification certificate for the maintenance of major equipment in coal mines is valid for three years. If the qualification certificate needs to be continued after the expiration, the enterprise must apply for a new one before the certificate expires. If the enterprise does not apply for the extension in time before the expiration of the qualification, the qualification will automatically become invalid, and the enterprise needs to re-apply for the qualification. If the qualification expires after the enterprise does not renew, still engaged in the relevant business, it is equivalent to no qualification for production and operation, will face administrative penalties, and may even bear criminal responsibility for this.

Third, the qualification level obtained by the enterprise does not match the business engaged in

The enterprise shall not carry out production and business activities beyond the scope of qualification license. For example: enterprises only have the production qualification of low-level medical devices, but actually engage in the production of higher-level medical devices, that is, illegal behaviors. If an enterprise engages in production and business activities beyond the scope of qualification license, it shall be deemed to have no qualification for production and business operation, and shall bear the legal liabilities and legal risks (including civil, administrative and criminal liabilities) necessary for production and business operation without qualification. What is reminded here is: no qualification, qualification mismatch, to a certain extent similar to beyond the scope of business license business, from the perspective of responsibility, than beyond the scope of business license business is worse, enterprises should pay attention to this, once this triggers the "illegal business crime" and other criminal responsibility, more than worth the loss!

In practice, the phenomenon of borrowing qualifications between construction units, that is, the commonly referred to as affiliation, is an area where qualification management risks are more likely to occur. The usual behavior pattern of the affiliated person and the affiliated person is that the unqualified affiliated person signs the affiliated agreement with the affiliated person, the affiliated person pays the management fee to the affiliated person, the affiliated person signs the construction agreement with the developer and other construction units in his own name, and the affiliated person actually implements the construction and performs the contractual obligations. However, it is not always legal. In this mode, the affiliation agreement signed by the affiliated person and the affiliated person is often deemed invalid because the affiliation behavior is illegal. Therefore, the affiliated person who provides the affiliated qualification needs to bear the corresponding obligations and responsibilities for the construction contract signed in its name. Even if the affiliate agreement clearly stipulates that the affiliate shall not bear the responsibilities and obligations arising from the disputes caused by the affiliate, the agreement will be deemed invalid because the affiliate agreement is invalid, and the affiliate shall bear joint and several liabilities for this. Therefore, it is necessary to remind that qualified affiliated companies need to legally and reasonably use their qualifications to avoid unnecessary troubles and losses caused by illegal affiliations.