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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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(Adopted by the 81th ordinary meeting of the People's Government of San Francisco on 18 August 2006 No. 191 of 30 August 2006 by the People's Government Order No. 191 of 30 August 2006)

Chapter I General
Article 1, in order to strengthen social credit systems, strengthen corporate credit regulation, promote public and sharing of credit information, provide credit information services for society and develop this approach in accordance with relevant laws, regulations.
Article 2
Article 3 of this approach refers to objective information generated in the course of the performance of the duties of the executive branch with respect to the production of credit records and the impact on the judgement of the corporate credit situation.
The businesses referred to in the previous paragraph include corporate and other economic organizations engaged in business activities within the territorial administration.
Article IV The construction of the corporate credit information system is guided by the principles of harmonization, government publication, information-sharing, the provision of basic information services for administration and the provision of credit information referral services for society.
The construction, updating and maintenance of the corporate credit information system could be delegated to the business agency to operate in the market.
Article 5
Provincial administrations are responsible for the identification and publication of specific projects, scope and standards of the system relating to corporate credit information, the collection, collation of credit information from the system and the submission, updating and management of credit information.
Chapter II
Article 6
The information below is recorded as an information of identity:
(i) The basic conditions for registration of registration in enterprises;
(ii) Business agency codes;
(iii) Specific administrative licences obtained by enterprises;
(iv) The level of qualifications of enterprises;
(v) The results of specialized or periodic inspections by the executive organs of enterprises by law;
(vi) Other relevant business status.
The following information is recorded as performance information:
(i) Enterprises and their legal representatives, the principals are recognized by the executive organs of the province;
(ii) Be identified as a State-level and provincial “buy credit” venture;
(iii) The rating by financial institutions of the “AAA” credit hierarchy;
(iv) Be identified as “China's trademark” or “known trademarks in mountainous province”;
(v) A product entitled “China's name”, “Protection of geographical mark products” or “Statuss of Sygi Province”;
(vi) A level A, A, AA and AAAA, which is assessed as the quality of the province;
(vii) Adoption of products, services, certification of the management system and the inclusion of products in the State's scope of inspection;
(viii) Level A of tax credits is assessed;
(ix) Be seen as “price integrity units”;
(x) A national assessment of environmental protection models and advanced enterprises;
(xi) Import and export enterprises included in “green corridors”;
(xii) Other performance information on corporate credits may be recorded by provincial administrations.
The information below under article 9 is a warning message:
(i) Removal or suspension of licences and business licences by an administrative authority for the offence;
(ii) The absence of a specific or periodic test for the offence and a test is not qualified;
(iii) Administrative penalties for the suspension of the production of the same type of offence are more than twice;
(iv) The criminal responsibility of the person concerned for the offences committed by the law;
(v) Other grave violations that disrupt the economic order of the market and endanger the security of transactions.
Article 10: The following information by the corporate legal representative and the principal head is recorded as a warning information:
(i) Be directly responsible for serious violations committed by this enterprise;
(ii) The execution of sentences;
(iii) The imposition of sentences for crimes of corruption, crimes against property or damage to the economic order of the socialist market has been sentenced to imprisonment, the imposition of sentences for more than five years or for other offences, the execution of which has not expired for more than three years and the denial of political rights due to the offence;
(iv) The statutory representative or director, manager of the enterprise in insolvency liquidation and the personal responsibility for the insolvency of the enterprise, which has not been over three years since the end of the liquidation of the enterprise in insolvency;
(v) The amount of individual liabilities is higher and the amount not liquidated;
(vi) Legal, regulatory and regulatory provisions do not serve as a legal representative of the enterprise and other circumstances of the principal head.
The information below in Article 11.
(i) The imposition of fines, forfeitures and administrative penalties for the suspension of the production industry for the offence;
(ii) Enterprise liabilities and security status;
(iii) Minimum wages for enterprises and salary arrears;
(iv) The tax on enterprises;
(v) The unpaid contributions to social insurance for enterprises;
(vi) Relevant information submitted by enterprises when applying a licence to an executive authority;
(vii) Basic conditions such as the experience of corporate legal representatives and directors, heads of missions and senior management;
(viii) Other information that may be recorded by provincial administrations.
Information submitted should include the following:
(i) Name of units submitting information;
(ii) Registration of corporate names and business licences submitted to the information;
(iii) Information content;
(iv) Effective time frame for information.
In addition to the previous provision, the following electronic or written files should be submitted:
(i) Letter of transmittal of information;
(ii) Relevant decisions of the executive branch;
(iii) Decisions, decisions of the People's Court;
(iv) Decisions of arbitral bodies;
(v) Decisions, decisions, statements of implementation of decisions, and other material to be submitted.
Chapter III
Article 13. Provincial administrations should develop work procedures and management systems for transmission, maintenance, management, use of corporate credit information, in accordance with article 5 of this approach, and designate specialized agencies and personnel responsible for the review and submission of the system's credit information.
Article 14. The executive branch shall submit to the enterprise credit information system in a timely manner authentic, legitimate, accurate and complete enterprise credit information and shall assume the corresponding legal responsibility.
Article 15. Administrative authorities provide additional, modified, updated and maintained information data submitted and dynamic management of information data.
The competent administrative bodies should real time update and maintain information data; no conditions should be provided, an additional month and updating should be made or updated without the above-mentioned time limit.
Article 16 allows the enterprise to apply to the relevant administrative bodies for the provision of credit information that is consistent with the scope of submission and for the authenticity of information.
Article 17
(i) The period of record of identity information until the end of the enterprise;
(ii) The period of record-keeping of performance information is an effective period for enterprises to be recognized and accessed;
(iii) A record period of three years for the presentation of information;
(iv) The record period of the warning information is three years, but the legal, regulatory or regulatory provisions stipulate that the period of limitation to the enterprise exceeds three years and are recorded in accordance with the terms of the law, regulations and regulations.
After the expiry of the record period, the system automatically distributes the record and converts it into the archives.
Chapter IV Publication and use of credit information
Article 18 Business credit information is made available to society through the cigarette website.
The publication of corporate credit information should be consistent with the provisions of laws, regulations, regulations and regulations, with respect to persons belonging to privacy, business secrets involved and other elements that may not be made public, and the executive organs submitting information should take confidential measures to not be disclosed and disclosed.
Any organization and individual may search information, performance information and alert information on the identity of the enterprise through the land-based slander website, as well as identify information from the enterprise through identification.
Article 20 governs the timely access to corporate credit information records in the work of day-to-day oversight management, administrative licences, enterprise quality ratings, and periodic tests and excellence.
Article 21 encourages the executive branch to encourage businesses that have no record of violations or record of performance information:
(i) Reduce routine inspections and specialized inspections of their operations;
(ii) In cyclical tests, test tests may be properly reduced, vetted or dismissed;
(iii) Priorities under the same conditions when government procurement;
(iv) Other incentives provided for by law, regulations and regulations.
Article 22 states that companies within the time period of the alert information should strengthen oversight management:
(i) Enhance day-to-day inspection as a focus for inspection or screening;
(ii) Non-execution of all types of exemptions and exemptions;
(iii) The enterprise and its statutory representative, the principal head of the principal shall not be granted the honour or title;
(iv) None of the legal certificates required to operate in the market of the value company;
(v) No involvement in government procurement activities.
In addition to the preceding paragraph, the laws, regulations, regulations have limited registration of the enterprise and its statutory representative, the principal head of the authority, external investment, administrative licences, and qualifications ratings, from their provisions.
Article 23 uses corporate credit information by executive organs and shall be used in accordance with the provisions of laws, regulations, regulations and regulations, and shall not be in conflict with the normal operation of enterprises.
Accountability
Article 24 considers that this enterprise information provided by the executive body is incompatible with the facts and may apply to the executive body that submits the information record to change or withdraw the record. The executive branch shall handle and inform the applicant within 15 working days of the date of receipt of the request.
The information was wrong, and the executive branch should change or lift the record in a timely manner; it should be held in accordance with the law as a result of the error of information to the parties.
Article 25 Implementation of this approach by the executive branch as a matter of public implementation of the executive branch and of the judicial conduct of the executive.
The executive inspectorate, the Government's rule of law and the relevant administrative bodies are responsible for inspecting and monitoring the implementation of this approach.
Article 26 The executive organs and their staff are held accountable under the law, which constitutes an offence and is criminalized by law.
The executive inspectorate and the relevant administrative bodies are responsible for the failure to provide, supplement and update information in violation of this approach, in accordance with the law.
Annex VI
Article 27 provides for activities related to the pooling, publication, use, etc. of credit information by the executive branch with respect to units such as the Permanent Representative of foreign enterprises, the Office for Foreign and Commercial Investment Promotion, the individual business and advertising media.
Organizations such as other State bodies, business units, social groups and intermediaries may refer to this approach.
The twenty-eighth approach was implemented effective 1 October 2006.