Shanxi Province Executive Administrative Measures For The Collection And Disclosure Of Credit Information

Original Language Title: 山西省行政机关归集和公布企业信用信息管理办法

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(August 18, 2006 81st meeting of the people's Government of Shanxi province considered by people's Government of Shanxi province, August 30, 2006 the 191th announced as of October 1, 2006) Chapter I General provisions article in order to strengthen the construction of the social credit system, strengthen credit supervision to promote credit information disclosure and sharing, providing credit information service for the society, in accordance with the relevant laws and regulations, these measures are formulated.
    Second provincial administration of enterprise credit information collection, disclosure, use and other activities, these measures shall apply.
    Business credit information in these measures in article, refers to the administrative organs shall perform their duties in the process of enterprise production and management of credit history and have an impact on enterprises credit status of objective information.
    Enterprises referred to in the preceding paragraph is included in the province engaged in business activities in the administrative area of the enterprises and other economic organizations. Article fourth provincial people's Government the establishment of enterprise credit information system of this province (hereinafter "enterprise credit information system"), the collection and disclosure of credit information through computer networks.
    Construction of the enterprise credit information system, following the principle of unified collection, Government publications, information sharing, and provide a basis for administrative information services, providing credit information inquiry service to the society.
    Construction of the enterprise credit information system, updated and maintained may entrust management of institutions to implement market-oriented operation.
    Fifth provincial industry and commerce administration authorities are responsible for organization and implementation of the measures.
    Relevant provincial administrative body responsible for determining and publishing the enterprise credit information system of specific projects, scope and criteria for, collect, collate the credit information system, and is responsible for submitting credit information, updates, and management.
    Chapter II sixth enterprise credit information by credit information identity information, performance information, warnings and tips information.
    Article seventh the following information for identity information: (a) the basic condition of enterprise registration, (ii) corporate code, (iii) obtain special administrative permission and (iv) the qualification level of the enterprise; (e) administrative organs in accordance with the special or periodic test and inspection results the enterprise; (f) other relevant corporate identity.
    Eighth article following information remember for performance information: (a) enterprise and statutory representative people, and main head by provincial above administrative organ about recognition of situation; (ii) was finds for national and provincial "keep contract heavy credit" enterprise of; (three) was financial institutions evaluation for "AAA" credit grade of; (four) was finds for "China famous trademark" or "Shanxi province famous trademark" of; (five) get "China brand", and "geographic logo products protection" or "Shanxi province brand" products of;
    (Six) was named province quality reputation grade a, level, and AA level, and AAA level enterprise of; (seven) through products, and service, and management system certification and products was included national exemption range of; (eight) was evaluation for tax credit grade a, level of; (nine) was named "price integrity units" of; (10) was national named environmental protection model, and advanced enterprise of; (11) was included "green channel" of import and export Enterprise; (12) provincial administrative organ think can remember into of about enterprise credit of other performance information. Nineth article following information remember for warning information: (a) for violations was administrative organ give revoked or revoked license, and license of; (ii) for violations not through special or periodic test and by test was judge for not qualified grade of; (three) for with a violations by fine, and confiscated and ordered discontinued closed administrative punishment two times above of; (four) for illegal constitute crime, about personnel was held criminal of; (five) other disrupt market order, and
    Serious violations against the safety of trading.
    Tenth Article Enterprise statutory representative people, and main head of following information, remember for warning information: (a) on this enterprise serious violations has directly responsibility of; (ii) is was implementation penalty of; (three) for made has corruption bribery crime, and violations property crime or damage socialist market order crime, was sentenced to penalty, implementation expires not over 5 years or for made other crime was sentenced to penalty, implementation expires not over 3 years and for crime was sentenced to deprived civil, implementation expires not over 5 years of;
    (Four) served as bankruptcy liquidation of enterprise of statutory representative people or Director, and Manager, and on the enterprise of bankruptcy has personal responsibility, since the enterprise bankruptcy liquidation end of day up not over 3 years of; (five) personal liabilities amounts larger, due not settlement of; (six) legal, and regulations, and regulations provides cannot served as enterprise statutory representative people, and main head of other case. 11th article following information remember for tips information: (a) Enterprise for violations by fine, and confiscated and ordered discontinued closed administrative punishment of; (ii) enterprise of liabilities and the guarantees status; (three) Enterprise minimum wage standard and arrears wage situation; (four) enterprise of owes tax situation; (five) enterprise social premium of owes paid situation; (six) enterprise to administrative organ proposed application license, and certification Shi submitted of about information; (seven) Enterprise statutory representative people and the Director, and prison thing and senior management personnel of work experience, basic situation
    And (VIII) identify information can be entered by the provincial administrative authority.
    12th information submitted should include the following elements: (a) name of submitted information; (b) the business name and business number of the submitted information, and (iii) the information; (d) the term of validity of the information.
    Except Qian paragraph provides outside, submitted warning information of, also should while submitted following electronic or written document: (a) transferred information of notice; (ii) administrative organ of related decided; (three) Court of judgment, and ruled; (four) arbitration institutions of ruling; (five) decided, and judgment, and ruled, and ruling implementation situation of description and need submitted of other material.
    Chapter credit information collection 13th provincial level administrative organs shall, in accordance with the provisions of this article fifth, develop departmental transport, maintenance, management, use of corporate credit information and management systems, and specialized agencies and personnel in charge of the system audit, submitting credit information.
    14th administrative organ shall promptly submit to the enterprise credit information system true, valid, accurate and complete credit information and bear the corresponding legal responsibility.
    15th administrative organs to submit information and data append, modify, update and maintain, and dynamic management of information data.
    Qualified administrative organ shall update and maintain information in real time data conditions should be appended and updated once a month, under special circumstances, credited to or need updating, not affected by the above time limit, can be submitted.
    16th enterprise may apply to the relevant administrative organs to provide the enterprises comply with submitting credit information of the scope, and be responsible for the authenticity of the information provided.
    17th article enterprise credit information records term according to following provides set: (a) identity information of records term to enterprise terminated Hou 2 years weizhi; (ii) performance information of records term for enterprise by recognition, and gets title of effective term; (three) tips information of records term for 3 years; (four) warning information of records term for 3 years, but legal, and regulations or regulations provides on enterprise of limit term over 3 years of, in accordance with the legal, and regulations, and regulations provides of term records.
    Record after the expiration, the system automatically record and save it to file.
    The fourth chapter credit information disclosure and Shanxi website uses the 18th business credit information through a credit to the public.
    Disclosure of credit information shall comply with the provisions of the laws, regulations and rules, businesses involved are part of our personal privacy, trade secrets, as well as laws, regulations or rules expressly shall not be open to other content, submit the information the administrative organs shall take security measures, shall be published and disclosed.
    Article 19th all organizations and individuals can be landed by Shanxi website corporate identity credit information, performance information and warning information, and through Enterprise authentication query message.
    20th administrative organs in day-to-day oversight management, administrative license, qualification assessment and periodic inspection and recognition of excellence, work, access to business credit information recorded in a timely manner.
    21st article administrative organ for no any violations records or has more items performance information records of enterprise, give encourages: (a) reduced on its business activities of daily supervision check and special check, and checks; (ii) in periodic test, and testing in the, can appropriate reduced test, and testing program or be exemption, and from trial; (three) in government procurement Shi, equal conditions Xia give priority arrangements; (four) legal, and regulations, and regulations provides of other encourages measures.
    22nd article administrative organ on warning information term within of enterprise should strengthening supervision management: (a) strengthening daily supervision check, as focus for check or checks; (ii) shall not included various exemption, and from trial range; (three) shall not grant the enterprise and statutory representative people, and main head about honors or title; (four) not issued Corporation listed by needed of legal business proved; (five) shall not participation government procurement activities.
    Except as provided in the preceding paragraph, laws, rules and regulations of the enterprise and its legal representative, the main person in charge of a restricted registration, foreign investment, grading administrative licensing, qualification requirements, from its provisions.
    Article 23rd Executive use the corporate credit information should be used in accordance with the provisions of the laws, regulations and rules, shall not be illegally limit the normal business activities of the enterprise. The fifth chapter liability

    Article 24th that administrative authorities provide this information inconsistent with facts, may be submitted to the administrative authority for amendment or cancellation of a record of the information recorded.
    The administrative organs shall within 15 working days from the date of receipt of the application and inform the applicant.
    Information is definitely incorrect, the administrative organ shall promptly modify or rescind that record; damage due to wrong information to the parties, shall bear the responsibility.
    25th administrative organs the implementation of this approach, as the examination of the implementation of public affairs and administration.
    Administrative supervisory organs, legal work of the Government agencies and relevant administrative organs responsible for checking and monitoring the implementation of these measures.
    26th the administrative organs and their staff of dereliction of duty and work, illegal provision, disclosure, use of business credit information, infringing upon the legitimate rights and interests, and damage to corporate reputation, serious or adverse consequences, shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated according to law.
    Administrative supervisory organs, and administrative authorities for violations of these measures did not provide required, append, update information of persons shall be subject to administrative responsibility.
    Sixth chapter supplementary articles article 27th Executive to the foreign enterprise resident representative office, foreign-invested enterprises in Shanxi Office, individual advertising media units such as credit information collection, disclosure, use and other activities, these measures shall apply.
    Other State organs, institutions, social organizations and intermediary organizations such as the collection and disclosure of credit information, you can refer to this approach.
                                                      28th article of the rules take effect on October 1, 2006.

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