Jilin Province Enterprise Credit Information Management

Original Language Title: 吉林省企业信用信息管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376469.shtml

Jilin province enterprise credit information management

    (February 22, 2012 2nd meeting consideration of the people's Government of Jilin province by Jilin provincial people's Government order No. 233 July 3, 2012 release as of August 1, 2012) Chapter I General provisions

    First in order to strengthen the enterprise credit information collection, validation, release and use of management, enterprise credit behavior, improve the social credit environment, in accordance with the relevant provisions of laws and regulations, combined with the facts of the province, these measures are formulated.

    Second article this regulation is applicable in the province within the administrative area of enterprise credit information collection, validation, release, and supervision and management.

    Article business credit information in these measures refers to formation of enterprises in production and service activities, analyzing, judging enterprises ' credit records and data. Article fourth provincial finance departments are responsible for the supervision and administration of enterprise credit information within the province.

    City (State) Government to identify the credit authority, responsible for the supervision and administration of enterprise credit information within the administrative area.

    Province, city (State) other relevant agency of the Government, collaborative enterprise credit information in accordance with their respective responsibilities.

    Financial institutions in accordance with the laws, decrees and relevant regulations of the State, solicitation and use of credit information.

    Article fifth province, city (State) shall determine the credit information collection agency (hereinafter referred to as credit bureaus) is responsible for the collection, consolidation, credit information, credit mechanisms for information exchange and sharing, to administrative bodies, enterprises, institutions, other organizations and individuals to provide credit information services. Article sixth of enterprise credit information collection, validation, distribution and use, must be legal, fair, accurate, and timely. Protect national interests, public interests and the legitimate rights and interests of enterprises according to law. Shall not be detrimental to public security and social order.

    Prohibition of disclosure of business secrets.

    Seventh to encourage administrative bodies, enterprises, institutions, other organizations and individuals using credit information in accordance with law. Article eighth of any units and individuals in violation of these regulations, shall have the right to complain to the credit Department or other relevant departments, to report.

    Credit Department and other relevant departments shall, in accordance with the regulations to verify in a timely manner.

    Chapter II business credit information collection

    Nineth credit institutions should obtain credit information in the following ways:

    (A) from administrative departments, with the function of public administration and institutions collecting;

    (B) from financial institutions, industrial organizations and social intermediary organizations collecting;

    (C) obtained from an enterprise reporting data;

    (D) obtained from the media announcement;

    (V) permitted by the laws and regulations in other ways.

    Article tenth enterprise credit information collection include the following:

    (A) the enterprise's basic situation:

    1. company name, address, date of establishment, organization code and business type, industry classification;

    2. the name of the legal representative, the shareholder list of members;

    3. business scope, registered capital and paid-up capital, registration number and account;

    4. certificates of approval, approval, validation, change, annual inspection and registration;

    5. import and export qualification.

    (B) the operation and financial situation of the enterprise:

    1. key products or business;

    2. annual sales (operating) income;

    3. the debt situation of the enterprise;

    4. tax situation.

    (C) corporate transactions and credit conditions:

    1. legally obtained qualifications, qualifications;

    2. observe contracts and keep promise in the situation;

    3. credit evaluation;

    4. issuance of corporate bonds and cash recorded.

    (D) the prestige records:

    1. the city (State) over State commendations and awards;

    2. well-known, famous, and focused on the protection of trademarks;

    3. quality system certification;

    4. the award by the legal representative;

    5. additional information reflects good credit.

    (E) the poor record of the enterprise:

    1. providing or posting false information, production and sales of fake and shoddy goods and consumer complaints;

    2. major safety accident occurs or there are significant security implications of the case;

    3. failing to sign labor contracts with the workers, withheld or unreasonably owed workers wages, refused to participate in the social security or social insurance contributions in arrears;

    4. group petitions caused by violations of workers ' rights and interests;

    5. warnings, fines, confiscation of illegal proceeds, order to suspend and revoke permits, business licenses and other administrative penalties;

    6. legal representative, directors, major shareholders or other senior managers for job reasons result in administrative or criminal penalties;

    7. smuggling, bribery, escape trick in arbitrage, theft of tax resistance and malicious evasion of debts, contract fraud and false credit certificate issued by the material, subject to administrative or criminal penalties;

    8. other violations of law, rules, regulations or included in the record of the case.

    Due to force majeure factors, make it impossible for companies to perform their obligations not included in the record.

    (Vi) corporate litigation, arbitration cases:

    1. a legally effective judgments or orders of civil, criminal and administrative litigation records;

    2. the legally effective civil and commercial arbitration records.

    (VII) other credit information of enterprises at the national and provincial regulations.

    11th administrative organs and public institutions with public management functions should be on time to real and reliable credit information provided by credit bureaus. 12th credit bureaus collect credit information of enterprises, its originality, authenticity and integrity should be maintained.

    To change credit information should be updated in a timely manner.

    Chapter III business credit information to verify

    13th Enterprise disagrees with the credit bureaus collect credit information, can apply for written verification.

    Article 14th verify credit information, in accordance with the following procedures:

    (A) credit institutions to apply for validation information should be validated, recognized the error and shall receive information be corrected within 10 working days from the date of the application;

    (B) application for verification of the truthfulness of the information related to the original information, provided by credit institutions to the information unit submit written application;

    (C) the information provided for the application for verifiable information should be verified, and in receipt of the application within 5 working days from the date of credit institutions to provide written verification of conclusions;

    (D) received the original information provided by credit reporting agencies to verify findings made within 5 working days from the date of validation report, inform the applicant in writing.

    During the 15th to verify credit information, without the consent of collection enterprises, credit institutions shall not be provided to others.

    Fourth chapter business credit information

    16th section credit institution shall issue to the community enterprise credit information collection on time.

    17th issue to the community of business credit information, including the following:

    (A) the tenth article except as provided in the third of these measures outside the enterprise's basic situation;

    (B) the tenth article of these measures the credit of first to third order provisions;

    (C) the provisions of this article tenth fourth honor records;

    (D) tenth fifth among these measures IV, VI provisions of enterprises ' bad record;

    (E) national and provincial regulations issued by other credit information. 18th release of credit information, should the information within the time limit as stipulated by this article 19th.

    Information released from its provisions provided for in relevant State is the period.

    19th the following credit information, records and data, retained the period in accordance with the following provisions, laws and regulations provide otherwise provisions provides:

    (A) revocation of license, business license information for 5 years;

    (B) the legal representative of the enterprise, the Director, major shareholders or other information that is subject to administrative or criminal penalties for senior managers, after the expiration of 5 years;

    (C) the provisions of article tenth fifth record for 10 years;

    (D) corporate credit, honors record, for the effective period.

    Fifth chapter business credit information

    Article 20th units, organizations or individuals can get business credit information by credit institutions.

    21st before administrative authorities made the following administrative decisions should be based on the need to use business credit information:

    (A) Government procurement, project bidding and the requisition and approval;

    (B) the qualification, audit, inspection, and evaluation;

    (C) the approved financial support for the project and its financing;

    (D) lend money or goods to enterprises;

    (E) signed a contract with Enterprise;

    (Vi) featured listings and review the bond issue;

    (G) the need to use business credit information.

    Credit institutions to provide the information users in the 22nd original or original data, should ask the collection company agrees, but except in the following circumstances:

    (A) shall perform the duties of the executive authorities;

    (B) public security, judiciary and lawyers to investigate;

    (C) hold a ruling issued by the Court, notice of or assist in the execution of the judgement;

    (D) a notice of investigation issued by the judiciary;

    (E) debt contracts, lack of legal documents, such as the citizens, legal person or other organization, in accordance with law, debt recovery.

    Article 23rd information consumer access to credit information can only be used, and may spread to a third party without authorization.

    24th article credit institutions shall establish a credit information file of enterprise credit information is used for recording, and the record generated for at least 5 years from the date.

    The sixth chapter legal liability

    25th credit manager Department and other relevant departments of dereliction of duty, abuse of power, favoritism, and released, access to business credit information, infringing upon the legitimate rights and interests, damage to reputation, shall be investigated for criminal responsibility.
26th credit institutions and their personnel who violate these rules, any of the following circumstances, the credit authorities shall order rectification, and may be dealt with under the relevant regulations:

    (A) based on fraud, theft or coercion or other improper means to obtain business credit information;

    (B) refuse to query credit information of enterprises according to law;

    (C) recording, publishing or providing false information;

    (D) poor management of database unauthorized access or misuse of information records, data.

    27th credit information in violation of this regulation, did not provide timely credit information or provides false information, not complying with the provisions dealing with objections of information, by the credit Department of correction.

    28th article violates these rules, not using the credit information of enterprises according to law, be ordered by the credit Department of corrections; damages the legitimate rights and interests of enterprises and the credibility of, shall be investigated for criminal responsibility.

    29th article violates these rules, causing economic loss to the enterprise, shall compensate.

    The seventh chapter by-laws 30th article this way come into force on August 1, 2012.