Is qualification fraud illegal?

Forging qualifications is illegal. Forgery of qualification certificates will be subject to administrative punishment, and criminal responsibility will be investigated if the circumstances are serious. The law has no clear standard on the quantity of making or buying false certificates. For this reason, from the perspective of judicial practice, as long as a false certificate is made and a false official seal is stamped, criminal responsibility can be investigated.

Legal analysis

Forging qualifications is illegal. According to the law, if an enterprise cheats in the qualification declaration, it will be punished once it is verified: (1) The competent department of housing and urban-rural construction will give a warning to the enterprise that cheats in the qualification declaration according to the administrative examination and approval authority, and make the following treatment: 1. If an enterprise practices fraud in the application for new qualification, its qualification application shall not be approved, and it shall not apply for qualification again within one year; 2. If an enterprise practices fraud in the application for qualification upgrading and adding items, its qualification application shall not be approved, and it shall not apply for qualification upgrading and adding items again within one year; 3 enterprises in the application for renewal of qualification fraud, not renewal; An enterprise shall re-apply for the approved qualification according to lowering the qualification level or narrowing the scope of the original qualification, and shall not apply for upgrading or adding the qualification within one year. (2) Enterprises that have obtained qualifications through fraud shall be given administrative punishment by the competent department of housing and urban-rural construction and their corresponding qualifications shall be revoked, and they shall not apply for qualifications within three years from the date when their qualifications are revoked.

legal ground

Article 280 of the Criminal Law of People's Republic of China (PRC) * * * Whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined. Whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Article 280-1 Whoever uses forged, altered or embezzled other people's identity cards, passports, social security cards, driver's licenses and other certificates that can prove his identity according to law in activities that should prove his identity according to state regulations, if the circumstances are serious, shall be sentenced to criminal detention or public surveillance and shall also or only be fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. Article 280 bis Whoever steals or fraudulently uses another person's identity to obtain the qualifications for admission to institutions of higher learning, employment of civil servants and employment placement on behalf of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever organizes or instigates others to commit the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. State functionaries who commit the acts mentioned in the preceding two paragraphs, which constitute other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.