Administrative Measures On Shenyang Enterprise Credit Information Collection And Use

Original Language Title: 沈阳市企业信用信息归集和使用管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346662.shtml

Administrative measures on Shenyang enterprise credit information collection and use

    (November 24, 2010, Shenyang city people's Government at the 44th Executive meeting on December 1, 2010, Shenyang city people's Government released 19th come into force on January 1, 2011) first in order to strengthen the management of enterprise credit information, enhancing credit awareness, create an honest market environment, promoting the construction of social credit system, according to the relevant regulations of the State, province, combined with the city's actual, these measures are formulated.

    Article business credit information in these measures refers to the city administration and the authorities concerned (hereinafter referred to as information units) in the course of performing their duties according to law, and in business and social activities in the form of, can reflect the State of the corporate credit information.

    Article within the administrative area of the city, the municipal administration of enterprise credit information collection, dissemination and use, these measures shall apply.

    Fourth municipal development and Reform Commission is the authorities of the enterprise credit information, is responsible for the oversight and management of enterprise credit information.

    Fifth of municipal credit information collection agency, responsible for the city's enterprise credit information collection, processing, dissemination, and to provide social services.

    City, district and County (City) Administration and the authorities concerned in the course of performing their duties according to law collection and self reported credit information should be timely, accurate and complete, to provide credit information collection agency.

    Sixth collection, publication, and use of credit information, should be guided by objective, accurate, impartial, timely, and who provide who principles, protect national interests, public interests and the legitimate rights and interests of enterprises shall not be detrimental to public security and social order, not to disclose business secrets.

    Seventh business credit information by the enterprise identity information, performance information, business tips and warning information form.

    Following information credited to the corporate identity of the eighth article:

    (A) the registered Enterprise name, registration status, registered addresses, business addresses, date of establishment;

    (B) members of the legal representative of the enterprise, shareholders, business scope;

    (C) venture capital type, organization code, VAT taxpayer;

    (D) obtain special administrative licensing, qualification;

    (E) corporate tax and so on;

    (Vi) administrative organs in accordance with the results of special or periodic inspection for enterprises;

    (G) other information that shall be entered into the corporate identity.

    Nineth information recorded in the performance of the following information:

    (A) the business and its principals by all levels of Executive or industry organization commended and awarded the honorary title;

    (B) the enterprises ' credit, compliance, tax credit management information and product quality;

    (C) other information that should be credited to the corporate performance information.

    Following information recorded in the enterprise of the tenth article tips:

    (A) the company was warned for violations, confiscated and ordered to suspend administrative penalties;

    (B) special or periodic inspection of businesses did not pass legal;

    (C) the production or sale of the product does not conform to product standards and hygiene standards, being tested as unqualified;

    (D) enterprises failing to sign labor contracts with the workers, not to perform the contract in accordance with law;

    (E) the business of making and selling fake acts;

    (F) enterprise tax arrears, tax non-normal families, loss of invoices;

    (G) enterprises to evade all forms of debt;

    (H) water, electricity and gas fees owed;

    (I) the companies default on statutory social insurance, housing fund;

    (J) the enterprise pollution exceeded the standard;

    (11) other information that shall be entered into the corporate message.

    11th following information credited to the company warning message:

    (A) the companies stealing, fleeing tax fraud and refusal;

    (B) the legal representative of the enterprise, person in charge due to an illegal act constitutes a crime be held criminally responsible;

    (C) the cancellation or revoke the license, business license;

    (D) due to the same type of violations committed by two or more administrative penalties;

    (E) the product does not conform to product standards and standards and consequences;

    (F) companies malicious evasion of debts, and false pretenses;

    (G) the contract fraud, business fraud;

    (VIII) presented a false credit, audit and related documents;

    (I) the enterprise does not participate in social security, the deliberate arrears of premiums;

    (J) the enterprises is not housing fund account, established by deliberately not paying housing fund;

    (11) company refusing to comply with entry into force of the Court judgment or ruling;

    (12) the enterprise pollution severely overweight;

    (13) other information that shall be entered into the enterprise information.

    12th, credit information collection agencies should be through Government websites or other media designated by the Government, business credit information to the public on a regular basis.

    13th business credit information disclosure and should be objective, accurate, impartial, and disclosure to ensure the legitimacy and authenticity of the information.

    The 14th unit, credit information, or individual can collect information related to credit agencies.

    The 15th 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;

    (F) review of the stocks, bonds;

    (G) the need to use business credit information.

    16th enterprise identity information in the records up to the termination of the period: corporate performance information, business tips, business information information in the records for a period of 5 years, after 5 years of automatic discharge records and to transfer to the permanent preservation.

    17th information offers information submitted is definitely incorrect, provide the information unit should know within 3 business days of credit information collection agency amend, delete written comments, credit information collection agency shall, within 3 working days after receipt of written comments to correct the information. Enterprise credit information collection agencies release of credit information is inconsistent with the facts, written objection to the credit information collection agencies, credit information, information collection agency may suspend publication of the objection, and within 3 working days after the receipt of the objection provides verification, information providers should be within 5 working days, credit information collection agency written response.

    Credit information collection agencies within 3 working days of receiving the written replies information corrected, and inform the enterprise. 18th Enterprise shall be responsible for the truthfulness of the enterprise credit information.

    Enterprises of reporting false information, credit information collection agencies will be credited according to the relevant provisions of the acts of the warnings, adverse social effects or other serious consequences, up to the enterprise to assume the corresponding responsibility.

    19th administrative authorities, collection agencies and credit information, and staff of dereliction of duty and abuse of power, illegal publishing, use of business credit information, infringing upon the legitimate rights and interests, damage to reputation, shall be subject to administrative liability alleged to constitute a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law. 20th these measures come into force on January 1, 2011.