Interim Measures For The Enterprise Credit Management In Jiangsu Province

Original Language Title: 江苏省企业信用征信管理暂行办法

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(September 11, 2007 Executive meeting of the Jiangsu provincial people's Government, the 98th consider September 13, 2007 by Jiangsu provincial people's Government promulgated as of November 1, 2007, 38th) Chapter I General provisions article in order to facilitate and standardize the business credit, improve the system of enterprise credit management, and create a social credit environment, maintaining social and economic order, promote integrity construction in Jiangsu Province, according to the relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Second enterprise credit in these measures refers to business credit institutions (hereinafter referred to as credit bureaus) through the enterprise credit information collection, processing, and provide information on the State of the corporate credit investigation activities, assessment or evaluation report and other credit products.
    Business credit information in these measures refers to enterprises engaged in the production, marketing and service activities in the form of, can be used to analyse and judge business credit information.
    Third article this regulation is applicable in the province within the administrative area of enterprise credit information collection, processing, use, supervision and management. Article fourth provincial credit management work of institutions responsible for the province's enterprises credit guidance and supervision and management.
    District municipal credit management institution in charge of the area of corporate credit guidance and supervision and management.
    Relevant departments of the provinces, districts and municipal people's Governments in accordance with their respective responsibilities, in collaboration with guidance and supervision of enterprise credit management. Fifth business credit have franchises.
    Franchise granted by credit institutions of the province to establish, submitted to the provincial people's Government for approval.
    Sixth article credit institutions shall collect credit information through legitimate means, objective records of credit information, science, just making credit products. Second chapter enterprise credit information of collection seventh article enterprise credit information main including following content: (a) recognition information: main refers to Enterprise name, and address, and economic category, and statutory representative people, registered funds, and shareholders situation, and foreign investment, business range, and franchise of products,; (ii) credit information: main refers to enterprise for and financial institutions occurred credit relationship and formed of performance information; (three) public information: main refers to enterprise financial business status, and tax, and quality security, and import and export, and social security, and labor labor, and
    Pay, workplace safety, environmental protection, public service payment records, and administrative organs, judicial organs or exercise of public management functions of the Organization and the public and other credit-related information; (d) other credit-related information.
    Eighth of provinces, districts, established public credit information center, is responsible for establishing the province enterprise credit information database and information system of enterprise credit information collection, processing and dissemination, achieve the Exchange and sharing of information by government departments, provide information services.
    Nineth administrative organs, judicial organs, the exercise of the functions of public administration organizations, utilities, trade associations should be timely, accurate and complete credit information center offers business credit information to the public, except that involve State secrets and commercial secrets.
    Provide specific information, such as the scope, timing, format, format, provided by the, credit management related information units, reported to the Government.
    Enterprise credit information database and other databases can exchange information, using data obtained through the Exchange, shall comply with the relevant provisions of the State.
    Tenth credit bureaus can get business credit information from public credit information center.
    Credit bureaus can collect their own credit information.
    Prohibits the use of deception, theft, intimidation and the use of computer network intrusion or other improper means to collect credit information.
    Credit institutions shall update and maintain the information in a timely manner, shall not fabricate, alter enterprise credit information.
    Information providers should ensure that the information provided by objective, true and accurate.
    Chapter III business credit information processing and use the 11th credit institutions according to business credit information, processing business credit report or credit report.
    Credit bureaus make credit assessments shall be based on scientific and rational evaluation index system and criteria on the basis of ensuring impartiality of evaluation results. 12th credit provision and use of business credit information, credit reports, and credit evaluation reports, should receive credit approval.
    Otherwise provided by laws, rules and regulations from its provisions.
    Credit institutions are not allowed to any other unit or individual disclosure of credit information, providing business credit report and credit assessment.
    13th credit bureaus provide credit reports and credit evaluation reports, as a user to judge credit by credit reference.
    14th credit institutions shall, depending on the credit requirements of enterprise, query service to provide the following information: (a) the business credit information and its sources, (ii) get the business credit report or credit report users.
    15th enterprise credit of paid services.
    Credit bureaus provide credit reports and credit evaluation report fees, by the provincial Department in charge of price determined in conjunction with the province's credit management.
    Judicial and administrative authorities in handling the case, administrative process requires the use of business credit information, to credit bureaus free queries.
    16th to encourage enterprises and other organizations in project development, business investment, business using credit products in the procurement, management and other activities, check each other's credit status.
    17th administrative authorities, Administrative Affairs and the Executive agencies as well as other organizations that perform public administration functions in government procurement, public finance project bidding and engineering (equipment) in project bidding, qualification accreditation and other activities, administrative relative person should be asked to provide credit products.
    18th article credit institutions shall establish a strict management system, take the necessary technical measures to ensure the safe operation of the enterprise credit information system and information security.
    Article 19th credit institutions in credit activity, credit information of enterprises involving commercial secrets confidential, shall not provide to any entity or individual, except where the laws and regulations have provisions or be credit agreement provides otherwise.
    Credit institutions in the process of information collection, credit products, found that the major affecting national and public security information, appropriate security measures shall be taken, and report to credit agencies and relevant departments.
    Article 20th credit asset correlation with credit or other interested parties, may affect the fairness of credit activity, credit institutions shall not provide the credit position of credit products.
    The fourth chapter 21st challenge information is credit business credit information or user error, you can apply to the credit Bureau a written objection, required to be corrected.
    Objection the applicant shall evidence object. 22nd article objections information is itself collection of, levy letter institutions should in received objections application of day up 20th within, according to following provides processing: (a) objections information by verified does have necessary corrections of, should timely be corrections, and told objections applicants and was levy letter Enterprise; (ii) objections information by verified without corrections or cannot verified of, can on objections information not for modified, but should told objections applicants.
    Objection shall not disclose that information could not be verified. Object information is not collected on their own, credit reporting agencies should be notified to verify the information provided.
    Information providers should respond in the 10th.
    Objection to information processing within the time limit, not to disclose and use the information. 23rd enterprise credit information providers and individuals found that incorrect credit information provided by it, shall promptly notify the credit Bureau in writing.
    Credit institutions shall, after receiving the notice related information can be corrected in the 2nd.
    24th enterprise credit information is correct, credit institutions should be free to credit provides a business credit report corrected, and corrected in a timely manner according to the dissenting information making credit products.
    25th credit institutions not in the 20th from the date of receipt of the objection, objection the applicant can apply for the credit management institution of objection dealt with, credit institutions shall, on the date the application is received within 30th decision.
    Credit institutions shall in the supervision and administration of the fifth chapter 26th will be filed the following credit institutions: (a) the credit institution of enterprise credit information collection, processing and use of methods, standards and business rules, (ii) ensure the safety of enterprise credit information system regulation; (c) other matters which are required by law to record.
    Credit institutions shall keep commercial secrets for credit institutions.
    27th article levy letter institutions should through business places publicity, way to social public following matters, and accept social supervision: (a) enterprise credit information of collection specification and disclosure time; (ii) get enterprise credit report and enterprise credit assessment service of way; (three) enterprise credit report and enterprise credit assessment service of charges standard; (four) objections processing program; (five) law need public of other matters.
    28th credit institution shall, in the first quarter of each year, the previous annual enterprise credit business and Enterprise adjustment credit business of the year, reporting to the credit management organization.
    Article 29th major credit bureaus credit information system malfunction, credit information is serious leak occurs, should be dealt with in a timely manner, and report to the credit management authorities and related departments.
    30th to encourage credit services organizations to develop and promote industry standards, providing operational guidance and services for members, industry self-regulatory role. 31st credit management institution can establish credit products in conjunction with the credit service organizations the use of feedback mechanisms, understanding of the market on credit institutions and credit evaluation and needs guide the credit service sector development.

    Article 32nd credit institutions dissolved, terminated by revocation, bankruptcy and other business matters, business credit information database should be addressed according to the following pattern: (a) transfer credit, management institutions; (b) in the province, under the supervision of credit institutions, legitimate credit transfers to other institutions; (c) in the province, destroyed under the supervision of credit institutions.
    Sixth chapter legal responsibility 33rd article levy letter institutions violation this approach provides, has following behavior one of of, by credit management institutions ordered corrected, give warning, and can at 1000 Yuan above 10,000 yuan following fine: (a) not timely, and accurate entry enterprise credit information of; (ii) not to was levy letter Enterprise provides query service of; (three) not according to 26th article provides record or not according to 28th article report related situation of; (four) not according to this approach 27th article provides public about matters of.
    Article 34th credit institution violates these rules, fictitious, altered business credit information or information not to handle an objection pursuant to the provisions of, administered by the credit institution shall be ordered to correct, given a warning and can be fined a maximum of 5000 Yuan and 20,000 yuan; for damage caused, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law. 35th article levy letter institutions violation this approach provides, has following behavior one of of, by credit management institutions ordered corrected, and can at 5000 Yuan above 30,000 yuan following fine; caused damage of, law bear civil responsibility; constitute crime of, law held criminal: (a) to cheat, and theft, and stress, and using computer network invaded or other not due means collection enterprise credit information of; (ii) unauthorized to other units or personal provides enterprise credit report, and
    Enterprise credit evaluation report or disclose credit information; (c) leak in credit activities be credit corporate trade secrets.
    Article 36th Executive authorities, the exercise of public management functions of the Organization and its staff, in violation of these rules and do not provide credit information or providing false information or do not handle objections in a timely manner information, resulting in losses of enterprises, be informed by his entity or his upper level organs; directly responsible in charge and other direct liable persons, depending on the seriousness of giving warning, demerit, demerit penalty.
    Seventh chapter supplementary articles article 37th based credit information database to collect credit information of enterprises shall observe the relevant regulations of the State.
    Enterprise social credit activities of the credit departments shall abide by these measures.
                    38th article of the measures shall take effect on November 1, 2007.