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(Adopted by the 6th ordinary meeting of the Government of the Greateren province on 26 June 2008, No. 220 of 5 July 2008 by the Decree No. 220 of the Popular Government of the Province of Nimin, issued as from 1 September 2008) Chapter I General Article 1, in order to regulate corporate credit information management, enhance corporate credit awareness, create a market environment for good faith, promote social credit systems and develop this approach in line with the relevant national provisions. Article 2 refers to corporate credit information, which is derived from the economic activities and social activities of enterprise and illegal human-profit economic organizations (hereinafter referred to as corporate) that can analyse, judge the records and data of the corporate credit situation. Article 3. This approach applies to the collection, validation, disclosure, assessment and use of corporate credit information within the province's administration. Article IV sets, publishes and uses of corporate credit information, in accordance with the principles of objectivity, accuracy, impartiality, timeliness and who is responsible, protects the interests of the State, the public interest and the legitimate interests of the enterprise, without prejudice to public security and social order and may not disclose commercial secrets. Article 5 establishes an enterprise credit-sharing system. The executive organs, enterprise units and other organizations are encouraged to make public and use of corporate credit information in accordance with the law. Article 6 The administrations such as business, finance, tax, quality, health, food medicine regulation, civil affairs, labour guarantees, safety regulation, environmental protection, science and technology, public safety, education, material prices, construction and transport are co-authorized and issued related work within their respective responsibilities. Financial institutions collect, disclose and use relevant corporate credit information in accordance with laws, regulations and other relevant national provisions. Chapter II Article 7. The credit information assembly institutions established by the provincial and municipal governments (hereinafter referred to as the solicitation body) and the credit assessment bodies established under the law should collect corporate credit information through legal means. Provincial exclusive agencies are responsible for the establishment, maintenance and management of the enterprise credit information provincial conscription platform and the credit clearing house, the integration of corporate credit information collected into the information database. The corporate credit information trust platform and the e-government network platform should be mutually supportive and shared. Article 8 (i) The basic business situation (1) The nature, name, address, establishment date; (2) The name of the legal representative; (3) List of shareholders; (4) Enterprise types, industry classifications, corporate codes; (5) Operational (operation) scope, registration of capital, real capital, registration numbers, accounting methods; (6) Approval, approval, certification, exchange of evidence, annual prosecution, registration; (7) The import and export operational qualifications; (8) Number of Professional technicians. (ii) Business and financial situation (1) Main products or major operations; (2) Annual sales (business); (3) The situation of corporate debt; (4) Annual tax. (iii) Business transactions and correspondence (1) The qualifications and qualifications obtained by law; (2) Credit levels; (3) Maintenance of contract credits; (4) The distribution, distribution and other transaction records of the goods on credit; (5) The issuance of corporate bonds and their record of delivery. (iv) The record of corporate honour (1) The recognition and rewards of State organs at the municipal level; (2) A trademark that is contrary to name, well-known and focused protection; (3) Accreditation through international quality standards, inclusion of products in national and provincial exemptions; (4) Honours of the statutory representative. (v) Poor business records (1) Professional advertisements, production of false commodities; (2) Exclusive emissions of pollutant emissions or more of the total control targets, resulting in environmental pollution or ecological damage; (3) The occurrence of serious security accidents or the existence of significant security features; (4) Labour contracts are not entered into by law with workers, chewings, arrears in labour payments, non-participation in social insurance or arrears in social insurance contributions; (5) Administrative penalties such as warnings, fines, confiscation of proceeds of conflict, suspension of work and suspension of business licences; (6) Authorized representatives, directors, major shareholders or other senior management are subject to administrative penalties or criminal accountability; (7) Criminal penalties are imposed for smuggling of bribes, evasion, levy, malicious evasion, use of contract fraud and false proof of money. (vi) Business litigation, arbitration (1) Civil, criminal, administrative or judgement of a legal effect; (2) A record of commercial arbitral awards that have legal effect. (vii) Enterprise credit information access (1) A search record by another person; (2) Self-reviewed records; (3) Record of objections. (viii) Other credit information provided by States and provinces Article 9. Modalities for the solicitation of corporate credit information: (i) Access from media announcements; (ii) Non-reimbursable access from the executive branch, the judiciary and the utilities with administrative functions (hereinafter referred to as the corporate credit information source unit); (iii) Reliable or non-reimbursable access to financial institutions, industry organizations, public utilities and social intermediary organizations, as agreed; (iv) Reliance or non-received from an enterprise in accordance with the agreement; (v) Other methods permitted by law, legislation and regulations. Article 10. Modalities for the collection of corporate credit information by the credit assessment body: (i) Access from media announcements; (ii) Reliable access from the solicitation body; (iii) Reimbursement or non-reimbursable access from the business unit or to the object of the transaction; (iv) Other ways permitted by law, legislation and regulations. Article 11. The solicitation body, the credit assessment body shall not obtain corporate credit information by means of fraud, theft or coercion. Article 12. The corporate credit information source units should provide the solicitation agencies with their own corporate credit information in a timely manner. The corporate credit information provided by the enterprise credit information source units must be real, reliable and non-information. Accreditation institutions, credit assessment agencies should maintain their originality, authenticity and integrity and update them in a timely manner. Chapter III Certification of credit information Article 14. The solicitation body shall publish the collection of corporate information through the media and facilitate access to information from the enterprise. Business searches for credit information from this unit shall be obtained from a copy of the business business licence. A request for written confirmation may be made to require corrections if the credit information collected by the solicitation body is considered incompatible with the facts. Article 15. Findings of credit information, in accordance with the following procedures: (i) The collation of the licensor within 10 days of the date of receipt of the application is true and should be corrected immediately. In relation to the authenticity of the information available, a written verification request was submitted to the original information provider; (ii) The former information provider collates within 10 days of the date of receipt of the verification request and submits written responses to the solicitation bodies; (iii) The solicitation body has been processed within 5 days of the date of receipt of the observations of the former information provider to present a validated report and to inform the applicant in writing. The former information provider did not provide comments within the prescribed time frame and the information was null and void and removed by the solicitation body. Article 16 makes an objection to the validation report and may submit an objection report to the solicitation body. The solicitation body should include the appeal report in the corporate credit information file. Article 17, the solicitation body shall not disclose or make available to others information on corporate credits during the period of verification. Article 18 Social intermediary agencies engaged in operations such as credit guarantees, credit insurance may make an application for validation. The verification process is implemented in accordance with this chapter. Chapter IV Disclosure of credit information Article 19, the solicitation body shall regularly communicate to society public corporate credit information through Government websites or other media designated by the Government. Article 20 Disclosure of corporate credit information should be objective, accurate, impartial and ensure the legitimacy and authenticity of the information disclosed. The disclosure of business secrets by enterprises shall not be subject to a centralized disclosure of the same type of information from different types of enterprises. Article 21 Scope of disclosure of corporate credit information: (i) The basic circumstances of the enterprise as set out in article 8, subparagraph (i), other than (3); (ii) Article 8, subparagraph (iii) (1) (iii) (iii) (iii) (iii) (iii) of Article 8); (iii) The record of corporate honour under article 8, paragraph (iv); (iv) The poor record of enterprises under article 8, subparagraph (v); (v) Other available credit information that may be disclosed by State and province. Article 2, which is disclosed as having contested the disclosure of information, may make requests for clarification to the solicitation bodies. The solicitation body should verify the disclosure of credit information in a timely manner, which is indeed wrong and be corrected in an open manner. Article 23 limits for the disclosure of corporate credit information should be consistent with the enterprise credit information record and the data retention period. Article 24, in addition to the provisions of the law, legislation and regulations, is one of the following cases where the enterprise credit information records and data are retained according to the following deadlines: (i) Information on administrative, criminal sanctions is 10 years; (ii) The smuggling of bribes, evasion, theft of levies, malicious desert debt, and the use of contract fraud for 10 years; (iii) Information on the cancellation of licences, suspension of business licences for five years; (iv) Information that is subject to administrative penalties or criminal accountability by corporate legal representatives, directors, major shareholders or other senior managers for a term of five years; (v) The status of corporate qualifications, the record of corporate honour and the period of effectiveness. Chapter V Article 25 units or individuals may entrust credit assessment agencies to assess the credit situation of specific enterprises. Article 26 credit information assessments should be guided by the principles of independence, impartiality and prudence, the application of scientific assessment standards, assessment procedures and assessment methods and confidentiality of information relating to business secrets. The assessment criteria, the assessment process and the assessment methodology should be made public to the author. Article 27 credit assessment agencies should provide credit assessment reports to the assessed enterprise. The credit assessment report includes the following: (i) The basic circumstances of the enterprise being assessed; (ii) Assessment criteria, assessment processes, assessment methodologies; (iii) Analysis of the process of assessing corporate credits; (iv) The conclusion of the corporate credit situation or the level of corporate credit expressed by figures and letters; (v) Other matters entrusted by the author. The credit assessment report is intended solely for the reference of the holder entrusted to the assessment body. Chapter VI Use of credit information Article 28 units or individuals may obtain relevant corporate credit information through the solicitation body or entrust the credit assessment body with access to corporate credit information. Article 29 advocates the use of corporate credit information in business activities such as project cooperation development, commercial investment, commercial procurement, business decision-making. Article 33 Before making the following administrative decisions, the executive branch shall use the relevant 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) Review of equity, bonds; (vii) Other needs to use corporate credit information. Article 31: The solicitation body and the credit assessment body shall provide the information user with the original record or raw data information, with the consent of the licensee, with the exception of one of the following cases: (i) The executive branch shall perform its duties in accordance with the law; (ii) Civil, legal or other organizations carry out business vouchers for the enterprise. Article 32, which requires access to relevant corporate credit information, should be certified as follows: (i) The People's Court has issued a ruling or judgement or assists the letter of execution; (ii) The letter of assist of the judiciary; (iii) The documents, information obtained by the executive body that can prove that the enterprise is lawfully seized; (iv) The expiration of the contract, the borrower and the legal certificate concerning the possession of goods by the debt-related enterprise. Article 33 Suppliers' credit information that has been obtained can only be used by themselves and must not be sent back to third parties. Article 34 quarant agencies should establish a record of the use of corporate credit information, record the use of corporate credit information and preserve at least five years from the date of the production of the record. Article XV provides for fees for corporate credit information services and credit assessment agencies to provide assessment services, in accordance with government guidance. Specific criteria are developed by the provincial price sector with the provincial development reform sector. The solicitation agencies provide corporate credit information services to the corporate credit information source units and persons with the minimum living guarantees. Accreditation agencies provide the fees charged for corporate credit information services, implement both income and expenditure line management, dedicated to building and maintaining the trust platform and the credit clearing house. Oversight of credit information Article XVI credit assessment institutions should be backed by the provincial enterprise credit information authorities within 30 days of the date of obtaining a business licence. The provincial enterprise credit information authorities should make a timely announcement. The following materials should be submitted at the time of the submission: (i) A copy of the business licence; (ii) Quality certificates, credit status; (iii) Unit structure, organizational structure statement; (iv) Information-processing procedures and security-protection measures; (v) The qualifications of senior managers and professionals. Changes in the case referred to in paragraph (i), (ii) should be made available to the provincial enterprise credit information authorities within 30 days of the change. Article 37 The corporate credit information authorities should conduct oversight inspections of the collection, verification, disclosure and assessment of corporate credit information activities. Accreditation institutions, enterprise credit information source units, credit assessment agencies should cooperate, as is the case. Any unit or person who violates this approach shall be entitled to complain or report to the enterprise credit information authorities or other relevant departments. The corporate credit information authorities and other relevant departments should take decisions within 30 days of receipt of a complaint or report. Chapter VIII Legal responsibility Article 39, in breach of this approach, the solicitation body has one of the following acts and is responsible by the enterprise credit information authorities for a period of time and administrative disposition in accordance with the terms of personnel management: (i) To deny access to the corporate credit information; (ii) No information on objections is included in the corporate credit information file; (iii) Receive, disclose, provide false or manifestly outdated 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 40 In breach of this approach, the credit assessment body has one of the following acts, which are restructured by the corporate credit information authority and fined in accordance with the following provisions: (i) To know that corporate credit information is falsely still being assessed on the basis of data, with a fine of up to 3,000 dollars; (ii) The acquisition of corporate credit information, such as theft, fraud, theft of corporate credit information or coercion, at a fine of more than 5,000 yen; (iii) In the absence of a provision, the refusal, obstruction of inspection or the provision of information on the basis of the provision of such information is not subject to a fine of more than 1000 dollars. Article 40 does not provide in a timely manner information on corporate credits or provide false corporate credit information, which is converted by the corporate credit information authorities; causes serious consequences and hold the administrative responsibility of the responsible person in accordance with the law. Article 42, in violation of the provisions of this approach, constitutes a penalty for security and is dealt with in accordance with the H People's Republic of China Act on the Administration of Punishment; imposes liability under the law for damages to others; and is suspected to constitute an offence and transferred to the judiciary to be criminalized by law. Article 43 XIII, executive organs and their staff, who play a role in negligence and abuse of their duties, unlawfully publishes, exploits corporate credit information, violates the legitimate rights and interests of the enterprise, undermines the credibility of the enterprise and hold administrative responsibility in accordance with the law, and is suspected to constitute a crime and transferred to the judiciary to be criminally liable by law. Chapter IX Article 44 |
