Liaoning Province Enterprise Credit Information Collection Release Use

Original Language Title: 辽宁省企业信用信息征集发布使用办法

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(June 26, 2008 6th meeting consideration of Liaoning province on July 5, 2008, Liaoning Provincial people's Government promulgated as of September 1, 2008, No. 220) Chapter I General provisions article in order to regulate the credit information of enterprises management, enhance credit awareness, create an honest market environment, promoting the construction of social credit system, according to the relevant regulations of the State, combined with the province, these measures are formulated.
    Article business credit information in these measures refers to enterprises and non profit economic organization (hereinafter referred to as company) formed in the economic and social activities, can be used to analyze and judge the credit records and data.
    Third article this regulation is applicable in the province within the administrative area of enterprise credit information collection, validation, disclosure, assessment and use activities.
    Fourth collection, publication and use of credit information, follow an 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. Article fifth credit information sharing system.
    Encourage administrative bodies, enterprises, institutions and other organizations to open and use of credit information in accordance with law.
    Sixth province development and reform the Administration and municipal people's governments determine business credit information management Department (hereinafter referred to as credit information Department) in charge of the credit information of enterprises within the administrative area.
    Business, finance, taxation, supervision, health, food and drug administration, civil affairs, labor and social security, safety regulation, environmental protection, science and technology, public security, education, prices, construction and traffic administration in their respective areas of responsibility within the corporate credit information collected and published related work.
    Financial institutions in accordance with the laws, regulations and other relevant regulations of the State, credit information collection, disclosure and use of business-related.
    Chapter credit information collection seventh provincial and municipal people's Government the establishment of credit information collection agency (hereinafter referred to as credit bureaus) and in accordance with the credit rating agencies should be established through legal channels to solicit business credit information.
    Province enterprise credit information credit bureaus are responsible for provincial-level credit platforms and construction, maintenance and management of credit clearing house, call for integration into the enterprise credit information into the database.
    Business credit information platform and e-government network platform should support each other, with each other and share information.
    Eighth article enterprise credit information collection range: (a) Enterprise basic situation (1) Enterprise nature, and name, and address, and established date; (2) statutory representative people name; (3) shareholders members list; (4) Enterprise type, and industry classified, and organization institutions code; (5) business (business) range, and registered capital, and real received capital, and registered number, and accounting way; (6) approval, and approved, and validation, and for card, and annual, and registration; (7) import and export business qualification; (8) professional technicians number.
    (B) the business operations and financial position (1) main products or business, (2) sales (sales) revenue; (3) corporate debt, (4) tax situation.
    (C) corporate transactions and credit conditions (1) lawfully obtained qualifications, qualifications and (2) credit rating; (3) defends the contract heavy credit; (4) goods on credit, dealers and other transactions; (5) issuance of corporate bonds and cash recorded.
    (D) honor (1) city-level organs of commendations and awards, (2) well-known, famous, and focused on the protection of trademarks (3) passed the international quality standard certification, products included in the scope of national and provincial exemption and (4) legal representative's honor. (Five) Enterprise bad records (1) released false advertising, and production sales fake commodity; (2) illegal exceeded emissions or over total control index emissions pollutants, caused pollution or ecological damage; (3) occurred heavy King security accident or exists major security hidden; (4) not law and workers signed labor contract, deduction, and arrears labor paid, not participate in the social security or arrears social security fee; (5) by warning, and fine, and confiscated illegal proceeds, and ordered discontinued closed, and
    Revoking business licenses and other administrative penalties; (6) legal representative, directors, major shareholders or other senior managers subject to administrative punishments or criminal investigation; (7) bribery, smuggling run cheat arbitrage, theft of tax resistance and malicious evasion of debts, such as contract fraud, false credit certificate issued by the materials subject to criminal penalties.
    (F) litigation, arbitration cases (1) the legally effective judgments or orders of civil, criminal and administrative litigation records; (2) the legally effective commercial arbitration records.
    (VII) business credit information (1) query records of others, (2) the query records; (3) the objection record. (Eight) national and Province provides of other credit information Nineth article levy letter institutions collection enterprise credit information of way: (a) from media announcement Shang gets; (ii) from administrative organ, and judicial organ and has administration functions of institutions (following collectively enterprise credit information data source units) free gets; (three) according to agreed from financial institutions, and industry organization, and public career units and social intermediary organization paid or free gets; (four) according to agreed from Enterprise paid or free gets; (five) legal, and
    Regulations permit the other way.
    Article tenth credit rating agencies collect credit information of enterprises: (a) from a Media Advisory obtained, (ii) from enlisted status agencies paid access; (c) obtained from the enterprises or trade paid or unpaid and (iv) permitted by the laws and regulations in other ways.
    11th credit institutions, credit rating agencies are allowed to cheat, steal or use coercion or other improper means to obtain business credit information.
    12th business credit information to the data source to the credit Bureau shall promptly provide its own corporate credit information.
    13th business credit information unit provides business credit information from data sources must be true, reliable, and shall not provide false information.
    Credit reporting agencies, credit rating agencies on access to business credit information, its originality, authenticity and integrity should be maintained and updated.
    Verify the 14th chapter credit information credit bureaus should be disclosed through the media gathering enterprise information, and provide convenience for enterprises to query this information. Enterprise Search credit information of the entity shall use copies of business license.
    Upon enquiry that credit bureaus collect credit information is inconsistent with the facts, can apply for written verification and request its correction. 15th credit information to verify, in accordance with the following procedures: (a) credit check from the date of receipt of the application within the 10th really wrong, it should be immediately corrected.
    Involved original information whether real of, to original information provides units submitted written verified application; (ii) original information provides units since received verified application of day up 10th within for check, and to levy letter institutions submitted written processing views; (three) levy letter institutions since received original information provides units processing views of day up 5th within for processing, proposed validation report, written told of applicants.
    Original information provided within the deadline put forward opinions, the original information is invalid, be removed by the credit bureaus. 16th Enterprise disagrees with the validation report, you can submit dissenting reports to the credit bureaus.
    Dissenting report credit institution shall be included in the credit information file.
    17th during the credit bureaus to verify credit information without the collecting company agrees, shall not be disclosed or provided to others. Article 18th credit guarantees, credit insurance intermediary institutions such as business, with business credit information to one's objections, can apply for validation.
    Validators perform, mutatis mutandis, to this chapter.
    Fourth chapter 19th article credit institutions shall credit information disclosure through Government websites or other media designated by the Government, business credit information to the public on a regular basis.
    20th enterprise credit information disclosure should be objective, accurate, impartial, and disclosure to ensure the legitimacy and authenticity of the information.
    Prohibition against disclosure of commercial secrets of enterprises, enterprises of different types must not be the same information disclosure.
    21st article enterprise credit information disclosure range: (a) eighth article subsection (a) items except (3) yiwai provides of enterprise basic situation; (ii) eighth article subsection (three) items (1) (2) (3) provides of enterprise funding letter situation; (three) eighth article subsection (four) items provides of enterprise honors records; (four) eighth article subsection (five) items provides of enterprise bad records; (five) national and Province provides of other can disclosure of credit information. 22nd disclosed company disagrees with the disclosure of information, can apply to the credit institution for clarification.
    Disclosure of credit information to credit institutions shall be verified in a timely manner indeed wrong, openly be corrected.
    Article 23rd time credit information disclosure should be consistent with the corporate credit information record and the data retention period. 24th article except legal, and regulations another has provides outside, has following case one of of, enterprise credit information records and data, according to following term retained: (a) administrative, and criminal punishment of information for 10 years; (ii) smuggling bribe, and escape cheat arbitrage, and stole anti-owes tax, and malicious escape waste debt, and using contract fraud of information for 10 years; (three) cancellation license, and revoked license of information for 5 years; (four) Enterprise statutory representative people, and Director, and
    Senior managers of major shareholders or other administrative punishment or criminal information, after the expiration of 5 years; (e) corporate credit, honors record, for the effective period. The fifth chapter 25th credit information assessment unit or individual may authorize credit rating agencies, to assess the credit status of a specific enterprise.

    Article 26th credit assessment shall follow the principles of independence, impartiality and discretion, adopt scientific assessment criteria, assessment procedures and methods, and confidentiality of information involves trade secrets.
    Assessment criteria, assessment procedures, methods should be exposed to the client.
    27th credit rating agencies to assess enterprise credit assessment reports should be made.
    Credit evaluation reports include the following: (a) assess the enterprise's basic situation and (ii) of assessment standards, procedures, methods of evaluation used; (c) the analysis evaluated credit status process; (iv) conclusions by evaluation enterprise credit or with numbers, letters of credit rating; (v) the principal other matters entrusted to the.
    Credit reports only for the seller an evaluation Agency reference.
    Sixth chapter credit information using 28th units or individuals can be obtained through the credit bureaus credit information, credit rating agencies or delegate access to business credit information.
    29th promoting enterprises and other economic organizations in the project development, business investment, business purchases, business activities such as management decisions using business credit information.
    30th article administrative organ in made following administrative decision Qian, should according to need using related enterprise credit information: (a) Government procurement, and project enrollment bid and land approval; (ii) qualification finds, and years trial, and annual, and Awards; (three) approval financial support of project and funds grants; (four) to enterprise lending funds or items; (five) and Enterprise signed contract; (six) review stock, and bonds issued; (seven) other need using enterprise credit information of.
    31st credit institutions and credit rating agencies to provide records or information users raw data, should ask the collection company agrees, but except in the following circumstances: (a) administrative agencies shall fulfill their duties, (ii) a citizen, legal person or any other organization to recover the enterprise.
    32nd article for business account Chase received need query related enterprise credit information of, should holding following one of voucher: (a) Court issued of ruled book or judgement, or assist implementation notice; (ii) judicial organ issued of assist survey notice; (three) administrative organ business sent of can proved on the enterprise for legal business account Chase received of file, and information; (four) the pen business account of due contract, and IOU and involved debt Enterprise occupied items of legal real right voucher.
    Article 33rd to information used to obtain credit information can only be used, and may spread to a third party without authorization.
    34th article credit institutions shall establish business credit information using records, to record the business credit information is used and retained for at least 5 years from the date of the transactions generated. 35th credit bureaus provide credit information services provide assessment services fees and credit rating agencies, in accordance with government guidance pricing implementation.
    Specific criteria formulated by the provincial authorities and the provincial development and reform Department.
    Credit bureaus credit information to the data source to the business unit and enjoy the benefits of minimum living guarantee of providing credit information services do not charge.
    Credit bureaus provide credit information service fees charged, the two lines of income and expenditure management, for use in collecting platform and credit information exchange Center for construction and maintenance. Seventh chapter credit information supervision 36th credit rating agencies should be since the date of business license in the 30th, to the provincial departments of business credit information.
    Province enterprise credit information Department rating agency of record should be a timely notice.
    Filing shall submit the following materials: (a) copy of business license and (ii) certifications, credit conditions, (iii) ownership structure, organization structure and (iv) information processing procedures and security measures, (v) the qualification of senior managers and professionals.
    The preceding paragraph (a), (b) the record is changed shall be from the date of change in the 30th to the provincial departments of business credit information. 37th Department of enterprise credit information collection, verify credit information, disclosure, assessment activities shall carry out supervision and inspection.
    Credit reporting agencies, credit information and data sources, the credit rating agency shall cooperate with and provide relevant information, description of the situation.
    Article 38th of any units and individuals in violation of these regulations, shall be entitled to credit information Department or other relevant departments complaints or reports.
    Business credit information and other relevant departments shall receive complaints or reports within 30th of making treatment decisions.
    Eighth chapter legal responsibility 39th article levy letter institutions violation this approach, has following behavior one of of, by enterprise credit information competent sector ordered deadline corrected, and according to personnel management permission give administrative sanctions: (a) refused to was collection Enterprise query this enterprise credit information of; (ii) not will objections information included enterprise credit information archives of; (three) entry, and disclosure, and provides false or obviously obsolete of credit information of; (four) database management poor caused ultra vires access or information records, and data was abuse of. 40th article credit assessment institutions violation this approach, has following behavior one of of, by enterprise credit information competent sector ordered corrected, and according to following provides sentenced fine: (a) knows enterprise credit information false still to its for based data for assessment of, at 10,000 yuan above 30,000 yuan following fine; (ii) fictional, and tampered with, and cheat, and steal enterprise credit information or take stress, not due means gets enterprise credit information of, at 5000 Yuan above 10,000 yuan following fine; (three) not according to provides record, refused to, and
    Impeding the supervision and examination or does not provide the information, fined a maximum of between 1000 and 500 Yuan.
    41st Executive and administrative functions of the institution did not provide timely credit information or provides false credit information of enterprises, by the Department of enterprise credit information shall be ordered to correct causing serious consequences, shall be investigated for criminal responsibility of administrative responsibility.
    42nd in violation of the regulations, constitute punishment, in accordance with the People's Republic of China Law on administrative penalties for public security and cause damage to others shall bear liability; suspected of constituting a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    Article 43rd administrative organs and their 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.
                                Nineth chapter supplementary articles article 44th these measures shall take effect on September 1, 2008.