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Jilin Province Enterprise Credit Information Management

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

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Corporate credit information management approach in Glin Province

(The 2nd ordinary meeting of the People's Government of Glin, 22 February 2012, considered the adoption of the Decree No. 233 of 3 July 2012 on the People's Government Order No. 233 of 3 July 2012.

Chapter I General

Article 1, in order to strengthen the management of corporate credit information collection, validation, issuance and use, regulate corporate credit practices, improve the social credit environment, develop this approach in conjunction with the provisions of the relevant laws, regulations.

Article II applies to the collection, validation, publication, use and supervision of corporate credit information within the territorial administration.

Article 3 of this approach refers to the record and data developed by enterprises in the production of business and services, which can analyse, judge the performance of corporate credits.

Article IV Financial work in the province is responsible for the management of corporate credit information within the province. The credit authorities established by the Governments of municipalities (States) are responsible for overseeing the management of corporate credit information within the present administration.

The provincial, municipal and other relevant sectors of the people's government are working in partnership with corporate credit information according to their respective responsibilities.

Financial institutions collect and use corporate credit information in accordance with laws, regulations and national regulations.

Article 5

Article 6. The State's interests, the public interest and the legitimate rights of the enterprise are protected by law. Public safety and social order cannot be jeopardized. Prohibition of the disclosure of commercial secrets in enterprises.

Article 7 encourages the use of corporate credit information by executive organs, enterprise units, other organizations and individuals in accordance with the law.

Article 8. Any unit and person who violates this approach shall be entitled to complain, report to the credit authorities or other relevant departments. The credit authorities and other relevant departments should be verified in a timely manner as required.

Chapter II

Article 9. The solicitation body shall use the following means to obtain corporate credit information:

(i) To collect from the executive branch and the public management function;

(ii) To collect from financial institutions, industry organizations and social intermediaries;

(iii) Access from data declared by enterprises;

(iv) Access from media announcements;

(v) Other methods permitted by law, legislation and regulations.

Article 10

(i) The basic circumstances of the enterprise:

Enterprise name, address, date of establishment, organizational codes and enterprise types, industry classifications;

Name of the legal representative, list of shareholders;

Operational scope, registration of capital, receipt of capital, registration numbers and accounting methods;

Approval, approval, verification, exchange of evidence, annual prosecution and registration;

Export and import operational qualifications.

(ii) Business and financial situation of enterprises:

Main products or major operations;

Annual sales (business);

Enterprise debt situation;

Annual tax.

(iii) Business transactions and reputations:

The qualifications and qualifications obtained by law;

Receipt of contract credits;

Credit evaluation;

The issuance of corporate bonds and their record of delivery.

(iv) The honour record of the enterprise:

(a) The recognition, incentives of the State organs of the city (State);

Trademarks contrary to name, well-known and focused protection;

Accreditation through the quality system;

The applicant's honour;

Other information reflecting good corporate credits.

(v) Poor record of enterprises:

The provision or publication of false information, the sale of false commodities and consumer complaints are factual;

The occurrence of serious security accidents or significant security hidden situations;

No labour contract has been entered into by law with workers, chewing or non-representation of wages for workers, refusal to participate in social insurance or arrears in social insurance contributions;

Violations of the legitimate rights and interests of the worker triggered a visit by groups;

Administrative penalties such as warnings, fines, confiscation of proceeds of conflict, suspension of work and suspension of licences, business licences;

Status of administrative or criminal punishment by statutory representatives, directors, major shareholders or other senior managers for reasons of office;

Administrative or criminal penalties such as smuggling, bribery, evacion, hiding, evasion, malicious evasion, use of contract fraud and false letter of proof;

Other cases of violations of laws, regulations, regulations or regulations are dealt with or included in poor records.

As a result of the effects of force majeure, the failure of enterprises to comply with their obligations under the law does not include a poor record.

(vi) Business proceedings, arbitration:

Civil, criminal, administrative or judgement of legal effect;

Record of commercial arbitral awards that have legal effect.

(vii) Other credit information on enterprises established by States and provinces.

Article 11. The executive branch and the utilities with public management functions should provide authentic and reliable corporate credit information to the solicitation agencies on time.

Article 12 Business credit information on changes should be updated in a timely manner.

Chapter III

Article 13 makes an objection to the credit information collected by the solicitation body and may make written confirmation requests.

Article 14.

(i) The verification of the application by the licensor shall be validated, confirm the error and shall be corrected within 10 working days from the date of receipt of the request for information verification;

(ii) The information on the application for accreditation relates to the authenticity of the original information and the request for written verification by the solicitation body to the original information provider;

(iii) The former information provider shall verify the information required for verification and provide written verification findings to the solicitation bodies within five working days from the date of receipt of the verification request;

(iv) The licensor submitted a validation report within five working days from the date of receipt of the verification findings of the original information, which was communicated in writing to the applicant.

Article 15 provides information on corporate credits during the period of verification without the consent of the licensee.

Chapter IV Corporate credit information dissemination

Article 16 states that the solicitation body shall publish, on time, corporate credit information collected to society.

The corporate credit information issued to society in Article 17 includes the following matters:

(i) The basic situation of enterprises other than those specified in Article 10, paragraph 1 of this approach;

(ii) Information on corporate qualifications under articles 10, paragraphs 1 to 3 of this approach;

(iii) The record of corporate honour under article 10, paragraph 4, of this approach;

(iv) Article 10, paragraph 5, of this approach, contains a negative record of enterprises other than those set out in Articles IV and VI;

(v) Other corporate credit information that may be issued by the State and the province.

Business credit information issued under article 18 should be information within the period specified in article 19 of this approach. The period of publication of information is provided by the State in question.

The corporate credit information records and data below Article 19 remain in accordance with the period specified below, and the provisions of the law, legislation and regulations are otherwise provided:

(i) The release of licences and the licence of business for five years;

(ii) Information on the administrative or criminal punishment of corporate legal representatives, directors, major shareholders or other senior managers for a term of five years;

(iii) Other negative records under article 10, paragraph 5, of this approach are 10 years;

(iv) The status of corporate qualifications, the record of corporate honour and the period of effectiveness.

Chapter V Use of corporate credit information

Article 20 allows units, organizations or individuals to obtain corporate credit information in accordance with the law of the solicitation body.

Article 21 Priorities for the executive organs, prior to making the following administrative decisions, should use corporate credit information as required:

(i) Government procurement, project solicitation tenders and clearances;

(ii) Quality determination, annual review, review and evaluation awards;

(iii) Approval of financial support projects and their funding benefits;

(iv) borrowing funds or goods to enterprises;

(v) A contract with the enterprise;

(vi) To recommend the issuance of bonds at the market level and to review bonds;

(vii) Other needs to use corporate credit information.

Article 22 provides the user of the information with the original record or raw data, with the consent of the licensed enterprise, with the exception of one of the following cases:

(i) The executive branch shall discharge its duties under the law;

(ii) Public security, the judiciary and lawyers investigate in accordance with the law;

(iii) The possession of the judgement, judgement or letter of assist in the execution of the People's Court;

(iv) A letter of assist from the judiciary;

(v) Citizens, legal persons or other organizations having a debt expired contract, a legal certificate, etc., which is legally valid, are subject to debt recovery under the law.

Article 23. The credit information obtained by information users can only be used by themselves and cannot be transmitted to third parties.

Article 24 should establish a record of the use of corporate credit information, record the use of corporate credit information and maintain at least five years from the date of the production of the record.

Chapter VI Legal responsibility

Article 25 Crediting authorities and other relevant sector staff play roles, abuse of authority, provocative fraud, unlawful publication, use of corporate credit information, violations of the legitimate rights and interests of the enterprise, and legal accountability.

Article 26 In violation of this approach by the licensor and its personnel, one of the following cases has been changed by the responsibility of the credit authorities and may be addressed in accordance with the relevant provisions:

(i) Access to corporate credit information by means of misappropriation, theft or coercion;

(ii) To deny access to corporate credit information by law;

(iii) Rescription, publication, provision of false credit information;

(iv) The mismanagement of databases has resulted in a cross- power visit or a record of information and the misuse of data.

Article 27 provides a unit of credit information that does not provide, in a timely manner, information on corporate credit or provides false information that is not dealt with in accordance with the provisions and is corrected by a credit authority.

Article 28, in violation of this approach, provides that corporate credit information is not used in accordance with the law and is being converted by a credit authority; undermines the legitimate interests and credibility of the enterprise and is held accountable by law.

Article 29, in violation of this approach, provides for economic losses to enterprises and shall be compensated by law.

Chapter VII

Article 33