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Chengdu Business Credit Information Management

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

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Measuring information management approaches for urban enterprises

(Summit No. 27 of 16 December 2013 of the Metropolitan Government to discuss the adoption of the Decree No. 181 of 3 January 2005 of the Metropolitan People's Government Order No. 181 of 3 January 2005 on 1 March 2009)

Chapter I General

Article 1

To improve the corporate credit management system, create a corporate credit environment and promote social credit system-building, and develop this approach in line with the relevant laws, regulations, regulations and regulations, such as the Public Regulations on Information of the Government of the People's Republic of China, the Sichuan Province Administration and the Disclosure of corporate credit information management.

Article 2

This approach applies to activities such as the collection, publication, use and management of corporate credit information within the city's administration.

Article 3

This approach refers to information on corporate credits generated by the information-provided units in the performance of their duties in accordance with the law, as well as the information generated by enterprises in business and social activities that can be used to analyse, judge the state of corporate credit.

The business described in this approach includes market actors and other organizations engaged in business activities and social activities within the city's administration.

The information delivery units described in this approach refer to the relevant administrative bodies, the judiciary, organizations exercising public management functions, and social groups, industry organizations.

Article IV (Information management)

The Government of the city has established a treasury enterprise credit information system to collect and share corporate credit information through a unified data exchange platform.

Information providers should establish a system for corporate credit management and evaluation within the system or industry.

Article 5

The city's business administration is entrusted by the Government of the Municipalities to manage the municipal enterprise credit information management centre. The Urban Business Credit Information Management Centre is responsible for the construction, maintenance, management of the enterprise credit information system in the city and for the collection, publication, use and use of corporate credit information in accordance with this approach.

People's governments in all regions (markets) should establish mechanisms for the sound management of corporate credit information and provide job security.

Article 6

A joint enterprise credit information system was established by the Government of the city and the district (market). The joint meeting consists of information-provided units and related units and was commissioned by the same-level people's governments to organize coordination and research on key issues in enterprise credit system construction, management and application.

The municipal enterprise credit information management centre and the enterprise credit information management body established by the local government of the district (market) assume the daily work of the joint office.

Article 7

The collection and publication of corporate credit information should be guided by legitimate, impartial, objective, independent, accurate and timely principles that preserve national interests, social interests and corporate legitimate rights and protect State secret, commercial secret and personal privacy.

Article 8

Enterprises are encouraged to participate actively in the relevant activities of the enterprise credit information sets.

Enterprise credit information is encouraged for activities such as project development, commercial investment, commercial procurement and business decision-making.

Chapter II

Article 9

The collection of corporate credit information means activities such as the collection, receipt, collation, storage and storage of corporate credit information.

Article 10 (source)

The source of corporate credit information is mainly the submission of information-provided units, the collection and ownership of enterprise information management centres.

The information-provided units should establish corporate credit information files within the system or in the industry, and should identify specialized agencies and personnel responsible for providing credit information.

Article 11 (Information content)

Information providers and municipal enterprise credit information management centres are identified on the basis of national standards, industry management norms and related provisions, as well as the collection of data for the urban enterprise credit information system. The information-provided units should provide corporate credit information within 10 working days prior to each month, based on the data collection catalogue; special circumstances are urgently required to record or update and should be submitted or updated as soon as possible.

The Urban Business Credit Information Management Centre can be able to collect information that can be used to analyse and determine the status of corporate credit.

Enterprises can be declared autonomously to analyse and judge other credit information on the status of the corporate credit.

Article 12 (Information classification)

Corporate credit information is divided into basic information, performance information, signal information, early warning and alert information.

Article 13 (Basic information)

The basic corporate information includes the following information:

(i) The basic conditions for registration of registration in enterprises;

(ii) Administrative licences granted by enterprises;

(iii) The level of qualifications of enterprises;

(iv) Basic conditions such as tax taxes, payment of social insurance contributions and deposit of payments;

(v) The results of the special or periodic review of enterprises by the executive branch, by law;

(vi) Intellectual property rights such as trademarks, patents;

(vii) Other basic circumstances.

The information provided in the preceding paragraph includes registration, change, cancellation or withdrawal.

Article 14.

Enterprise performance information includes the following information:

(i) Incentives and policy support from the Government of the above-mentioned people at the district level (market) and the above-level executive organs at the municipal level, the corporate legal representative, the main head of the enterprise, who is recognized by the Government of the people at the district level (market) and by the executive organs at the municipal level;

(ii) Enterprises are assessed by the tax sector as tax credit levels A;

(iii) Be identified as contrary to trademarks, well-known trademarks, renowned trademarks or access to Chinese brands, Sichuan brands;

(iv) Business certification through quality standards;

(v) Enterprises have access to “contracts, heavy credit” claims;

(vi) Enterprises are recognized by industry associations;

(vii) Other performance.

Article 15 (Indicative information)

Enterprise demonstration information includes the following information:

(i) Administrative information on the level of regulation of enterprises;

(ii) Administrative penalties for corporate offences;

(iii) Commodities produced or sold by enterprises are determined to be non-qualified by law;

(iv) Enterprises are restricted to the establishment of branches;

(v) Business is determined by law as a security accident;

(vi) Business is determined by law to be in arrears;

(vii) Business is determined by law to be in arrears in social insurance;

(viii) The amount of funds earmarked for maintenance by the enterprise in arrears;

(ix) The enterprise has not established a housing pool or is in arrears in the payment of a lump sum for the worker's housing;

(x) Enterprises are determined by law by the People's Court or by the arbitral body to pay their arrears;

(xi) Business is determined by the People's Court or by the arbitral body to be in arrears in the cost of water, electricity, gas, etc. by law;

(xii) The failure of the business to modify the violation within the time period of the order;

(xiii) Business, corporate legal representative suspected of committing crimes;

(xiv) Laws, regulations and regulations may be recorded in other acts that indicate information.

Article 16 (As early warning information)

Enterprise early warning information includes the following information:

(i) Enterprises do not participate in specialized or periodic inspections, testing, quarantine (including annual inspections) within the statutory period;

(ii) The licensee obtained by the enterprise (approval documents) expires or expires;

(iii) Business is subject to administrative coercive measures by law;

(iv) The overdue execution of administrative penalties;

(v) Enterprises have entered the cancellation process;

(vi) Legal, regulatory and regulatory provisions may be recorded as other acts of early warning information.

Article 17 (Summary information)

The corporate alert information includes the following information:

(i) Over two administrative penalties for the same type of offence within one year of the enterprise;

(ii) Enterprises are not subject to statutory or periodic review, testing, quarantine (including annual review);

(iii) Removal or suspension of licences and business licences by the executive branch;

(iv) Enterprises or their legal representatives are prohibited by the market;

(v) Enterprises are determined by law to be stolen, fledged and charged with taxes;

(vi) Business is determined by law to have a major safety, quality and environmental pollution liability accident;

(vii) Enactment of the ruling instrument by the enforcing People's Court or the arbitral body;

(viii) Business is determined by law as a refusal to participate in social insurance or to default social insurance, in the event of serious circumstances;

(ix) The amount of funds earmarked for maintenance for businesses in arrears;

(x) After receipt of a reminder, the enterprise has not yet established a housing pool or has paid more than one year in arrears in the housing stock of the employee;

(xi) The criminal responsibility of enterprises for violations;

(xii) Enterprises are determined by law to seriously violate the legitimate rights and interests of consumers;

(xiii) Other grave breaches that disrupt the economic order of the market and endanger the security of transactions.

The following information from the corporate legal representative and the principal head of the enterprise is recorded as an information by the enterprise alert:

(i) The execution of sentences;

(ii) The imposition of sentences for crimes of corruption, crimes against property or damage to the economic order of the socialist market, the execution of which has not been committed for more than five years or because of other crimes, the execution has not been exceeded for more than three years and the denial of political rights due to the offence;

(iii) To serve as a legal representative or a director, manager, and a personal responsibility for the enterprise's insolvency since the end of the insolvency liquidation;

(iv) Non-compliance with the obligations established by the People's Court or the arbitral body in force ruling instruments;

(v) Other grave violations committed by the corporate legal representative and the principal head.

Chapter III

Article 18

The basic information of enterprises, performance information, early warning information, police signals are disseminated to society through both credit networks. Enterprises can apply to the Urban Enterprise Credit Information Management Centre for the publication of their indicative information in the credit information system.

Article 19

The period of issuance of corporate credit information is set in accordance with the following provisions, as well as the laws, regulations, regulations and regulations:

(i) The period of publication of basic information is permanent;

(ii) Performance information, early warning information, warning information, warning information and the issuance of indicative information issued under application for a period of three years, except for an effective period of time.

After the expiry of the period of publication of the former paragraph, the system was automatically removed.

Article 20

During the effective launch of early warning information, businesses have taken the initiative to work with executive organs and to fulfil their statutory obligations, which can be lifted early warning in advance. In order to meet the conditions of release, the provision of early warning information should be lifted in a timely manner.

Article 21

The information submitted by the information provider was wrong and the information provided should be corrected within three working days of the date of knowledge.

Business considers that the credit information issued by the enterprise credit information system is incompatible with the facts, and may submit an application to the ICRM. In two working days after the request was received from the Urban Corporate Credit Information Management Centre, the Information Provide Unit should be verified within five working days to complete the corrections to the information required; the information was not ambiguous; the information was submitted to the City Business Credit Information Management Centre for written responses; and the enterprise credit information management centre was communicated to the enterprise.

Chapter IV

Article 2 (Information inquiries)

The public of society can provide free access to basic information, performance information, early warning information and alert information for enterprises through the credit network. Enterprises can access information from this enterprise.

The composition of the joint meeting could share basic information, performance information, early warning information, indicative information and alert information through the enterprise credit information system, except for disclosure of information to other units or individuals.

The corporate base credit report should provide an objective description of the corporate credit situation based on information from the credit information system. Enterprises may, or authorize, third parties to apply to the city's Business Credit Information Management Centre for a corporate base credit report. The executive branch, the organization exercising public management functions, in accordance with the requirements of administrative or social public services, may entrust the Urban Corporate Credit Information Management Centre with a corporate base credit report.

Article 23 (Information application)

The executive organs, organizations exercising public management functions, in the day-to-day oversight management, public resource transactions such as government procurement, tenders, and project approval, earmarked funding arrangements, government funding subsidies, etc., related to public interest, should be directed into a metropolitan enterprise credit information system and the corporate credit records (or corporate-based credit reporting) should be used as a basis for decision-making.

The executive organs, organizations exercising the functions of the administration of public affairs are taking the following measures in the circumstances of enterprises with information, early warning information and alert information:

(i) Focus on day-to-day oversight management;

(ii) No Honours are granted within three years, which have been dismissed by Honours;

(iii) To limit or eliminate eligibility for government procurement, government investment projects within three years;

(iv) Removal of the prequalification of corporate legal representatives;

(v) Establish clear restrictive provisions in the solicitation documents prohibiting the participation of tenders in major projects by law;

(vi) Removal of their fiscal subsidies eligibility and government subsidy enabling policies such as fiscal subsidies;

(vii) In matters such as quality assessment, declaration, upgrading, verification, annual prosecution, by law, the relevant limitations on them or the removal of the application by law;

(viii) Other measures under laws, regulations and regulations.

Information providers should use corporate credit information in accordance with legal, regulatory and regulatory requirements, but should not use corporate credit information to profit or to interfere with normal business activities.

Chapter V Mandate

Article 24 (Currability)

Business is responsible for the authenticity of autonomous declaration information. Business reports of false information, the Urban Corporation Credit Information Management Centre has the right to terminate its declared qualifications, to withdraw the publication of false information and to refer the act to the warning information. Frequently declared acts have a negative social impact or other grave consequences, with the corporate assuming the corresponding legal responsibility.

Article 25

Information providers should be responsible for the authenticity, timeliness, accuracy and integrity of the submitted credit information. The information-provided unit does not have the real, timely, accurate and complete submission of credit information, which is criticized by the Government of the people at this level or the Office of the Joint Conference, resulting in negative social impacts and significant corporate losses, which are dealt with by the inspectorate with the relevant departments and are held accountable under the law for the administrative responsibility of the person directly responsible; constitutes a crime and hold criminal responsibility.

In the management of credit information, there are the following cases in which the authorities or the inspectorate are correct; in serious circumstances, the administrative disposition of directly responsible supervisors and other direct responsibilities is provided by law; and criminal liability is lawfully prosecuted by law:

(i) The collection of credit information by improper means;

(ii) Restructuring and restructured credit information;

(iii) Disclosure or disclosure of credit information in violation of the provisions;

(iv) No request for an objection is made as provided.

Article 26

The Urban Corporate Credit Information Management Centre should be responsible for the authenticity and accuracy of the credit information they collect. Information collected by themselves is not reviewed, resulting in a serious negative social impact and significant loss of business, and administrative responsibility or criminal liability should be prosecuted in the circumstances. In the management of credit information, the Urban Corporation Credit Information Management Centre deals with the provisions of article 25.2.

Annex VI

Article 27

This approach has been implemented effective 1 March 2014, and the Delivering and Use Management Approach to Mechanging and Acquisitions (No. 157 of the Municipal Government Order).