Wuxi Enterprise Credit Information Collection Management

Original Language Title: 无锡市企业信用信息征集管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384561.shtml

Wuxi enterprise credit information collection management

    (November 14, 2012 Wuxi municipal people's Government at the 8th Executive meeting on December 3, 2012, Wuxi municipal people's Government the 133th, promulgated as of February 1, 2013) Chapter I General provisions

    First in order to strengthen the management of enterprise credit information collection, improve the system of enterprise credit management, enhance credit, build corporate credit environment, promoting the construction of social credit system in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city of enterprise credit information collection activities related to management and the application of this approach.

    Business credit information in these measures refers to enterprises engaged in the production, marketing and service activities in the form of, can be used to analyse and judge business credit information.

    Enterprise credit information collection mentioned in these measures refers to collecting, processing, disclosure, use and correct credit information and other activities.

    Enterprise credit information collection follows article objective, fair, accurate, and who provide who principles, safeguard the legitimate rights and interests of enterprises, protection of national secrets and commercial secrets.

    The forth people's Governments at various levels shall strengthen the management of enterprise credit information collection leadership and overall coordination to ensure healthy development of the enterprise credit information collection.

    Fifth of municipal economic and information Commission is the credit management Department, is responsible for the city's enterprise credit information collection management guidance, coordination and supervision.

    Relevant departments shall, in accordance with their respective responsibilities, in collaboration with good management of enterprise credit information collection.

    Sixth municipal people's Government established a public credit information center (hereinafter credit Center), data management system for enterprise credit Foundation, is responsible for the construction, maintenance and management, and enterprise credit information collection under this regulation.

    Seventh lawfully established corporate credit information agency (hereinafter referred to as credit bureaus) should collect credit information through legitimate channels and business credit information activities.

    Eighth to encourage 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 and processing

    Nineth collect credit information includes identifying information, credit information, public information and other credit-related information.

    Specific directory to collect credit information of enterprises, developed separately by the credit management departments in accordance with the relevant provisions.

    Tenth administrative organs, judicial organs, the exercise of the functions of public administration organizations, utilities, industry organizations (hereinafter referred to as information providers) should be timely, accurate and complete credit to the City Center provides business credit information, except that involve State secrets and commercial secrets.

    11th the following information should be submitted to the municipal credit Centre in fulfilling its responsibilities in the development of enterprise award, administrative penalties and other credit information of enterprises:

    (A) business sector provide basic information on business registration, inspection, registration, business cases and well-known, famous, well-known trademarks and other information;

    (B) the quality and technology supervision departments to provide businesses and institutions code, all kinds of administrative permits, province famous brand products, quality checks and other information;

    (C) the tax authorities offer a business tax registration, tax credit, tax arrears and other information;

    (D) the public security departments to provide industry related qualifications, approvals and other information;

    (E) the Environmental Protection Department provides business hazardous waste operating permit, radiation safety information such as licensing, environmental behavior;

    (F) human resources and Social Security Department provides enterprise labor contract, performance and pay, unpaid salaries and other information; (VII) construction sector to provide information relating to qualification;

    (H) food and drug departments to provide drug production, licensing and drug safety rating and other information;

    (IX) export commodity inspection, entry-exit inspection and quarantine departments to provide enterprise registration, export of dangerous goods packaging licensing and export food production enterprise records and other information;

    (J) the financial sector enterprises credit card information, financial information such as credit rating, financial law;

    (11) production safety supervision departments to provide safety and management information.

    Change, civil affairs, by the letter, letter, science and technology, agriculture, business, prices, statistics, culture, customs, food, transportation, education, health, municipal gardens Department and other information providers, such as the judiciary, in accordance with the contract, credit Center, to provide information about credit.

    12th, credit Center to collect information provided unit provides business credit information, you can collect their own corporate credit information by:

    (A) directly relates to this in other information systems, enterprise credit information collection;

    (B) by agreement from the master in financial institutions in the financial activities of enterprise credit information collection;

    (C) by agreement from enlisted status of enterprise credit information collection agencies get;

    (D) by agreement directly to enterprises or business transaction object collection.

    13th credit bureaus can collect credit information of enterprises on their own in the following ways:

    (A) collection of information from media reports;

    (B) by agreement, credit Center, from the collection;

    (C) by agreement directly to enterprises or business transaction object collection.

    Prohibits the use of deception, theft, intimidation, using computer intrusion and other unfair means to collect credit information of enterprises.

    14th information providers should be responsible for the validity of corporate credit information it provides.

    Credit and credit bureaus responsible for the validity of its own collection of enterprise credit information.

    15th, credit Centre should maintain its original enterprise credit information collection contents and integrity, and shall not be made on the corporate credit rating or subjective evaluations.

    16th article credit institutions shall manufacture enterprises based on credit information credit reports or credit assessments.

    Credit Bureau making credit assessment shall be based on evaluation index system and standards on the basis of ensuring impartiality of evaluation results.

    Chapter disclosure and use

    17th the following credit information can be disclosed to the public:

    (A) the business name, address, legal representative, type, scope, basic statistics on registered capital;

    (B) subject to approval, approval, registration, certification, inspection results;

    (C) judgments, decisions, decisions

    (D) penalties, confiscation of illegal income or the illegal property, ordered to suspend production or business or administrative sanctions such as revocation of permit or license;

    (E) laws and regulations shall be open to other business credit information.

    18th the following units and individuals (hereinafter referred to as the user), you can query business credit information according to the following provisions:

    (A) the information provided unit or units of information provided by agreement, the units prove queries provide business credit information;

    (B) is authorized by querying Enterprise unit or individual, written authorizations, units and agencies code card, or valid documents of personal status, authorized credit information within the enterprise;

    (C) in accordance with terms of reference for the investigation of cases of the judiciary and the executive authorities, certificate holders, free queries related to corporate credit information;

    (D) the provisions of laws and regulations can query other units or individuals, in accordance with the prescribed procedures, enquiries about the business credit information.

    Can prove by credit check business credit information.

    19th of municipal credit centers, credit institutions shall not be to the 18th article of the user other than units and individuals to provide credit information.

    In addition to business credit information to the public, the user gets the credit information will not be disclosed or provided to any other entity or individual, enterprise credit information must not be used for profit. 20th article administrative organ, and exercise public management functions of organization, and industry organization, should on credit records keep good of enterprise give support and encourages, and in assessment recognition, and qualification qualification finds, and project (equipment) tender, and Government procurement, and Government Award and funds support, activities in the, using City Credit Center issued of enterprise credit information query views table, or levy letter institutions issued of enterprise credit report; without enterprise agreed, shall not will by using of enterprise credit information query views table or enterprise credit report to other units

    Personal disclosure.

    21st of municipal credit centers, credit bureaus credit information-providing activities, involving trade secrets and personal information confidential, except where the laws and regulations have provisions or be credit agreement provides otherwise.

    22nd article, credit Center, credit institutions shall record on the use of business credit information, and stored for 2 years.

    Business credit information recorded should include corporate credit information, objects and so on.

    Article 23rd, credit Center, credit institutions shall establish a strict management system, take the necessary technical measures to ensure the security of credit information.

    Chapter fourth objection processing

    Article 24th credit business credit information or user error, you can collect the credit, credit, information centers, credit institutions written objection and request for correction, and the evidence object.

    25th of municipal credit Centre shall, within 20 working days of receipt of the objection, in accordance with the following provisions:

    (A) collecting information on their own objections, confirmed it is necessary to correct, should be corrected in a timely manner, and shall inform the objections the applicant is credit;

    (B) collecting information on their own objections, verified no correction or cannot be verified, you can dispute information without modifications, but shall notify the objection to the applicant;
(C) disagrees with the information provided by the information providers, shall be notified to verify the information provided, reply, and reply response to dissenting opinions whereby the applicant, correct object information in the information system.

    Information unit shall, from the date of notification of the objections received information verifying written replies in the 10th.

    26th article credit institutions shall from the date of receiving the application for objection objection to verify the information in the 20th, and written replies to objections and the applicant is credit.

    27th objections the applicant fails to receive a reply, or reply is still in error, you may apply for credit information management objections dealt with.

    Credit management departments shall, from the date of receipt of the application within 30th decision and written replies to objections to the applicant.

    28th objection shall not disclose that information cannot be verified it; information processing within the time limit, not to disclose and use the information.

    The fifth chapter legal liability

    29th administrative organs, the exercise of public management functions of the Organization and its staff, in violation of these rules, any of the following acts, be informed by his entity or his upper level organs, and depending on the seriousness of the direct responsibility of managers and other persons to give warning, demerit, demerit penalty:

    (A) failing to provide credit information or provide false information;

    (B) subjective evaluation to the corporate credit rating, or without authorization;

    (Iii) it fails to require the disclosure of credit information of enterprises;

    (D) failing to provide query service;

    (E) use business credit information for gain;

    (Vi) failure to handle an objection pursuant to the provisions of information;

    (VII) other acts of abuse, malpractice, neglect their duties.

    30th a credit institution violates these measures article 16th manufacture business credit report, business credit assessment or does not handle objections in accordance with article 26th information, managed by the credit Department ordered corrective action and give a warning, and may be fined a maximum of 5000 Yuan and 20,000 yuan; for damage caused, he shall bear civil liability.

    31st credit institution violates these rules, any of the following acts, managed by the credit Department ordered corrective action and give a warning, and may be fined a maximum of 1000 Yuan and 10,000 Yuan:

    (A) is not disclosed to the public in accordance with article 17th business credit information;

    (B) is not in accordance with the first paragraph of article 18th provides enquiry services to users;

    (C) in accordance with article 22nd save records on the use of credit information of enterprises.

    Article 32nd credit institution violates these rules, any of the following acts, managed by the credit Department ordered corrective action and may be fined a maximum of 5000 Yuan and 30,000 yuan; for damage caused, he shall bear civil liability:

    (A) contravenes section 13th paragraph, collect credit information of enterprises by other improper means;

    (B) violation of the 19th article, without other units and individuals to provide credit to the user information;

    (C) contrary to article 21st, providing activities in enterprise credit information disclosure of business secrets.

    33rd article violates other provisions of this approach, provisions of laws and regulations on administrative penalties, from its provisions constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 34th article of the rules take effect on February 1, 2013.