Chengdu Business Credit Information Management

Original Language Title: 成都市企业信用信息管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399543.shtml

Chengdu business credit information management

    (December 16, 2013 27th Executive meeting of the Municipal Government of Chengdu by Chengdu municipal people's Government, on January 3, 2014 181th announced March 1, 2014) Chapter I General provisions

The first (objective basis)

    To improve the enterprise's credit management system, build a business credit environment, promoting the construction of social credit system, in accordance with the People's Republic of China Government information disclosure regulations, the Sichuan Provincial Executive collection and disclosure Regulation on enterprise credit information and other relevant laws, regulations, rules, Chengdu practice, these measures are formulated.

Article II (scope of application)

    Within the administrative area of the city of enterprise credit information collection activities, publish, use, management, and application of this approach.

Article III (umbrella term)

Business credit information in these measures refers to information provided in the course of performing their duties according to law, as well as in business and social activities in the form of, can be used to analyse and judge business credit information.

Enterprises in these measures included within the administrative area of the city engaged in business activities and social activities of the market players and other organizations.

    Information provided in these measures refers to the relevant administrative organs, judicial organs, the exercise of the functions of public administration organizations and community groups, industry organizations, and other units.

The fourth section (information management)

Municipal people's Government the establishment of enterprise credit information system in Chengdu city, through the collection of uniform data exchange platform in the city, sharing credit information, issued by the Chengdu credit networks, portals to the community.

    Information providers should establish and improve the system or the Bank business credit information management and evaluation system in the industry.

The fifth section (management) City industry and Commerce administrative departments entrusted by the municipal people's Government, management, enterprise credit information management center.

Municipality for Administration of enterprise credit information center is responsible for enterprise credit information system of this municipality construction, maintenance, management, and business credit information in accordance with this regulation of collection, publishing and use.

    The district (City) County people's Governments shall establish and perfect the management mechanism of enterprise credit information collection and to provide job security.

The sixth section (Coordinator) The municipal and district (City) county governments set up joint conference system for enterprise credit information system.

Consists of information provided and co and of the joint meeting entrusted by the people's Governments at the same level, construction of credit system of enterprises, management and application of the significant organizations to coordinate and solve the problem.

    Municipality for Administration of enterprise credit information centre and district (City) County to determine business credit information management institutions to assume the day-to-day work of the Office of the joint meeting.

Seventh (principles)

    Enterprise credit information collection and dissemination activities, should follow lawful, fair, objective, independent, accurate and timely principle, safeguarding national interests, social interests and the legitimate rights and interests of enterprises, protection of State secrets, business secrets and personal privacy.

Eighth (credit to build)

Encouraging enterprises to actively participate in enterprise credit information collection activities.

    Encourage project investment, business development, business purchases, activities such as management decisions using business credit information.

    Chapter II collection

Nineth (call for information)

    Enterprise credit information collection refers to the enterprise credit information collection, receiving, sorting, storage and other activities.

Tenth (sources of information)

Main source of credit information of enterprises to provide information submitted, municipality for Administration of enterprise credit information centre for gathering and independent reporting.

    Information providers should establish and improve the system or the Bank the sector's credit information file, should establish specialized agencies and personnel are responsible for providing credit information.

11th (information content) Information providers, business credit information management center, and based on national standards, industry management norms and regulations, determine the list of enterprise credit information system of data acquisition in Chengdu.

Information unit shall, within ten working days of each month according to the list of data collection to the municipality for Administration of enterprise credit information center offers business credit information; special situations need recording or updating, the prison shall submit or update.

Municipality for Administration of enterprise credit information center will be free to gather to analyze and judge business credit information.

    Enterprises can self declare to analyze and judge the credit position of other credit information.

12th (classification)

    Business credit information includes basic information, performance information, tips, information and warning messages.

13th (basic information)

Basic information includes the following information:

(A) the basic condition of enterprise registration;

(B) the enterprise made an administrative license;

(C) the qualification level of the enterprise;

(D) pay corporate tax, social insurance, Provident Fund deposit and other basic information;

(E) administrative organs in accordance with the special or periodic verification of results of the enterprise;

(Vi) the trademark, patent and other intellectual property rights of the enterprise;

(VII) other underlying conditions.

    The information prescribed in the preceding paragraph includes registration, change, cancellation or revocation of such content.

14th (performance information)

Corporate performance information includes the following information:

(A) enterprises approved by the district (municipal) people's Government above the county level and city-level executive rewards recognition and policy-oriented financial support, legal representative of the enterprise, the main person in charge by District (municipal) people's Government above the county level and city-level award in recognition of the executive authorities;

(B) the companies were assessed by the tax authorities as tax credit level a;

(C) be recognized as well-known trademarks and famous trademarks, well-known trademarks, or Sichuan, China famous brand, brand-name;

(D) the enterprise through quality standard certification;

(E) obtain "Shou contract re-credit" title;

(F) enterprise industry associations recognized;

    (VII) other performance issues.

15th (tips)

Enterprise message includes the following information:

(A) the executive regulation of enterprise-grade information;

(B) enterprises subject to administrative penalties for offences;

(C) the production or sale of the goods to be test determined to be qualified according to law;

(D) enterprises were limited to set up branches;

(E) enterprises were identified security incidents;

(F) the company was found in default in accordance with law;

(G) the enterprise is legally recognized social insurance contributions in arrears;

(VIII) special maintenance funds owed properties, a large amount;

(I) the enterprise does not provide for the establishment of housing accumulation Fund or owed workers housing fund;

(J) the enterprises by the people's Court or an arbitration institution identified wage arrears, a large amount;

(11) were identified by people's Court or an arbitration institution defaulted water, electricity, gas and other expenses, a large amount;

(12) shall be ordered to correct the violation is not corrected within the time limit;

(13) the enterprises, legal representative of the enterprise were arrested for a crime;

    (14) the laws, rules and regulations can be credited to prompt other behaviors.

16th (warning message)

Business alert information includes the following information:

(A) the business is not within the statutory time limit to special or periodic testing, inspection, and quarantine (including annual audit);

(B) Enterprise license (approval) invalid or expired;

(C) enterprises taking administrative compulsory measures by law enforcement;

(D) fails to implement administrative punishments;

(E) the enterprise has entered the revocation procedure;

    (F) the laws, rules and regulations can be credited to early warning information of other acts.

17th (warnings)

Business alert information includes the following information:

(A) the enterprise within a year was more than twice for similar violations of administrative penalties;

(B) the enterprises failed the mandatory special or periodic testing, inspection, and quarantine (including annual audit);

(C) enterprises were withdrawn or revoked license, business license of executive authority;

(D) was implemented by the enterprise or its legal representative markets off-limits;

(E) enterprises were identified as stolen, escape, tax cheat, huge;

(F) enterprises were identified major safety, quality, environmental pollution accident occurs;

(G) enterprises were forced to perform the people's Court or an arbitration institution award instruments for entry into force;

(H) the enterprise is legally recognized as refusing to participate in social security social insurance contributions or wilful default, if the circumstances are serious;

(IX) special maintenance funds owed property, large;

(J) the enterprise received reminder notice is not provided for the establishment of the housing Provident Fund or employee Housing Fund for more than a year in arrears;

(11) company for violation of, be held criminally responsible;

(12) be identified serious violations of the rights and interests of consumers;

(13) other disrupting the market economic order, serious violations against the safety of trading.

Legal representative of the enterprise, the main person in charge of the following information, credited business alerts:

(A) being the execution of penalties;

(B) for committing crimes of embezzlement and bribery, crimes against property and crimes of disrupting the order of the Socialist market economy, was sentenced, execution expires or within the last five years for other crimes was sentenced, execution expires not more than three years and sentenced to deprivation of political rights for crimes, execution expires not more than five years;

(C) the Presidency has run liquidation of enterprise legal representative, Manager or Director, individual responsibility and the bankruptcy of the enterprise, the enterprise bankruptcy less than three years from the date of completion of liquidation;

(D) fails to perform as determined by the people's Court or an arbitration institution effective decisions instruments debt;

    (E) the legal representative of the enterprise, the main person in charge of other cases of serious offence.

    Chapter III publishing

18th (published range) Enterprise's basic information, performance information, early warning information and warnings to the public through a network of Chengdu credit.

    Enterprises can apply to the municipality for Administration of enterprise credit information center published information in the credit information system.

19th (release period)

Business credit information release deadline set in accordance with the following provisions, otherwise provided by the laws, rules and regulations, those provisions:

(A) basic information for a period of permanently;

(B) early warning information, performance information, warnings and request release of prompt information publication for a period of three years, but there are valid except.

    Published after the expiration of the prescribed in the preceding paragraph, the system automatically release.

20th (warning lifted) During the period of early-warning information release, enterprise has worked actively with the executive authorities, to fulfil legal obligations can rescind the warning.

    To meet the conditions for lifting, early warning information of the unit should be lifted early warning information is released in a timely manner.

21st (data corrected)

Information submitted information is wrong, the information unit should be known within three working days from the date to be corrected. Enterprise credit information system release of credit information and facts, apply to the municipality for Administration of enterprise credit information centres to submit objections.

    Municipality for Administration of enterprise credit information center within two workdays after the receipt of the objection informed information providers, information providers should be verified within five working days, to correct the information if necessary corrections; information is correct, and to the municipality for Administration of enterprise credit information centre to submit written comments, and by the municipality for Administration of enterprise credit information centre informed of the enterprise.

    The fourth chapter

22nd (info) Public through a network of Chengdu credit free enterprise's basic information, performance information, early warning information and warning messages.

Enterprises can query the enterprise message.

Units can be shared through the enterprise credit information system of the joint enterprise's basic information, performance information, early warning information, tips and warnings, but the message may not be disclosed to other entities or individuals, laws, rules, regulations, except provisions can be publicly disclosed. Business credit reports should be based on the basis of credit information system of information on enterprise's credit State an objective description. Enterprises themselves or authorize third parties to municipality for Administration of enterprise credit information centres provide the Foundation of the enterprise credit report.

    Administrative organ or organization exercising public functions under the administrative or public service needs of the community, may entrust Enterprise issued by the municipality for Administration of enterprise credit information center based on credit reports.

23rd (application information)

Administrative organ or organization exercising public functions in the daily supervision and management, and public resources such as government procurement, tendering and bidding transactions, as well as special funds for project approval, arrangement, Government subsidies and other areas of public interest and priorities, should query the enterprise credit information system of Chengdu, and credit records (or Enterprise basic credit reports) as a basis for decision-making.

Administrative authorities, the exercise of the functions of the management of public affairs organization tips for enterprises, warning messages, warning messages, depending on the circumstances, the following measures:

(A) as a focus for day-to-day supervision and management;

(B) does not grant the honorary title in three years, has been awarded the honorary title to rescind it;

(C) within the three-year limit or cancel its participation in government procurement, Government-invested project eligibility;

(D) cancellation of legal representative of the enterprise assessment evaluation of qualifications;

(E) set in the tender documents clearly restrictive terms, legally barred from bidding for major projects;

(Vi) disqualified from subsidies and Government subsidies supporting (allocation of fiscal subsidy funds) and other preferential policies;

(VII) upon qualification, application, upgrade, verification, inspection and other matters, the legally relevant restrictions or law to cancel the eligibility criteria;

(H) other measures under the laws, regulations and rules.

    Information providers should be driven by needs in accordance with the laws, regulations and rules of the use of business credit information, but shall not use business credit information for profit or illegal restrictions and interference with the normal business activities of the enterprise.

    The fifth chapter responsibilities

24th (corporate responsibility) Enterprise responsible for independently declare the authenticity of the information. Enterprise reporting false information, enterprise credit information management centre reserves the right to terminate its declaration eligibility to remove false information published and credited to warnings of the Act.

    False claims Act have an adverse social impact, or other serious consequences, the enterprises bear the corresponding legal responsibility.

25th (information unit responsibilities) Information providers will be expected to submit credit information authenticity, timeliness, accuracy, integrity, responsibility.

Information provided is not true, timely, accurate, complete and submit the credit information, given by the Office of the joint meeting of the people's Governments at the corresponding level, or criticized, caused negative social effects and significant losses by the supervisory authorities and the departments concerned to be processed, and the administrative responsibility of the persons directly responsible shall be affixed constitutes a crime, criminal responsibility shall be investigated according to law.

Information management in the information provided in the credit, any of the following circumstances by the competent department or departments shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) collect credit information through improper means;

(B) tampering, fabrication of credit information;

(C) the violation of the disclosure or disclosure of credit information;

    (D) did not reply to objection by the regulation.

26th (municipality for Administration of enterprise credit information centre responsibilities) Municipality for Administration of enterprise credit information center should be on its own collection of credit information authenticity and accuracy. Review of the collected information is not on their own for, resulting in heavy loss of serious negative social impact and business shall be subject to administrative liability or criminal accountability.

    Municipality for Administration of enterprise credit information in credit and information management in the centre there is the 25th of the acts listed in the second paragraph of article, reference to the provisions of article 25th.

    The sixth chapter supplementary articles

27th (execution date) These measures shall take effect on March 1, 2014, the Chengdu city regulation on enterprise credit information collection and use (the 157th of the municipal government) abrogated.