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Trial Measures For The Enterprise Credit Management In Shanghai

Original Language Title: 上海市企业信用征信管理试行办法

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(The 66th ordinary meeting of the Government of the Shanghai City, held on 9 March 2005, considered the adoption of Decree No. 49 of 17 March 2005 on the People's Government Order No. 49 of the Shanghai City, effective 1 May 2005)

Article 1 (Legislative purposes)
To regulate and promote corporate creditworthiness, to guarantee fair and fair corporate creditworthiness, to establish an enterprise credit system and to create a social credit environment.
Article 2 (Definition)
The corporate credit letter referred to in this approach refers to the operation of the licensed products, such as surveys, assessments or rating reports, commissioned by citizens, legal persons or other organizations, by collecting, processing enterprise credit information.
The reference to this approach refers to the body established by law and specifically engaged in corporate credit letters.
The corporate credit information referred to in this approach refers to information generated in the economic activities and social activities of enterprises that can be used to analyse, judge the state of corporate credit.
Article 3
This approach applies to corporate creditworthiness and associated oversight management carried out within this city.
Article 4 (Principles)
The city's corporate credits are vested in market functioning, government regulation and industry self-regulation.
Business credit letters should be independent, objective, fair and prudent to ensure the accuracy of the conscriptive products. Corporate credit letters must not undermine the legitimate rights and interests of the enterprise and shall not impede the public interest and security of society.
Article 5 (Management)
The Instruction Management Office of the Shanghai City (hereinafter referred to as a city solicitation) is responsible for the promotion, guidance and regulation of the industry of corporate credit letters.
In accordance with their respective responsibilities, the relevant administrations are guided and regulated by the operation of corporate credit letters.
Article 6
The licensor shall, within 30 days of the date of the acquisition of a licence for business and business operations, make the case available to the city. The following materials should be made available:
(i) Business licence (release);
(ii) Unit structure, organizational structure statement;
(iii) The credit status of senior management confirms the basic briefings of relevant business professionals;
(iv) Operational scope of corporate credit letters, information processing procedures and information safety prevention measures.
The changes should be reported to the municipal request for approval within 30 days of the date of the change.
The LTTE should make public information available to society in accordance with the law.
Article 7
In the first quarter, the solicitation body shall report to the City of Instruction on the status of the operation of the last year's corporate creditworthiness operation and the changes in the current year's corporate creditworthiness operation.
IGOs can organize feedback mechanisms for the use of fiduciary products to understand the objective evaluation of the market's in relation to the solicitation operations.
Article 8 (Information collection)
The solicitation agencies should collect corporate credit information through lawful means, and should not collect corporate credit information by deception, theft, coercion or other unjustifiable means.
Article 9
The licensee contests the corporate credit information collected by the solicitation body and provides the basis for the verification that the information collected is valid and should be corrected immediately; it is true that, after the identification, it should be communicated to the licensee; it is difficult to ascertain the evidence and that it should be carefully addressed in accordance with objective principles.
Article 10
The solicitation body shall produce, in accordance with the original information provided by the provider of the information and in accordance with the rules governing the processing of the information process, the products of the conscription, which shall not be developed and adapted to the corporate credit information.
Article 11
The solicitation products provided by the solicitation body are only used by the user as a reference to the determination of the corporate credit situation.
Article 12 (Protection of commercial secrets)
The solicitation body has a confidential obligation with respect to corporate credit information relating to commercial secrets and shall not provide any unit or individual, except for legal, regulatory or otherwise provided by the consent of the licensor.
Article 13 (Lure)
Accreditation body may affect the fairness of the solicitation activity by linking the assets with the licensee or other stakes, and the licensor shall not provide information on the enterprise's credit position.
Article 14.
To promote the use of conscriptive products in business activities such as project cooperation development, commercial investment, commercial procurement, business decision-making, and to identify the credit position of the owner.
Article 15
In economic regulation, market regulation, social management and public service activities at all levels of the city, government procurement and solicitation, etc., should be used in accordance with the requirements.
Article 16
A letter of corporate credit is carried out by the solicitation agencies, which will require the collection of information from the Government concerned, to be implemented in accordance with the Public Provisions of Government Information in the Shanghai City.
Article 17
Credit service industry organizations are encouraged to develop and implement industrial norms that provide business guidance and services to members and play their own role.
Article 18
Any organization and individual believe that the solicitation body has a breach of its legitimate rights and interests, and can lodge a complaint to the city.
Article 19
In violation of article 6 of this approach, the solicitation body has not carried out a case or has not carried out an annual report in violation of article VII, which is modified by a time limit for the conduct of an exclusive action order; and a fine of up to 1 million yen is overdue.
Article 20
This approach was implemented effective 1 May 2005.