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Zhejiang Province Enterprise Credit Information Collection And Release Management Procedures

Original Language Title: 浙江省企业信用信息征集和发布管理办法

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(Act No. 194 of the People's Government Order No. 194 of 1 August 2005)

Chapter I General
Article 1, in order to strengthen the collection and management of corporate credit information, preserve the legitimate rights and interests of the State, the public interest and the enterprise, establishes this approach in the light of the relevant legislation, regulations.
Article 2 The law, legislation and regulations provide otherwise, from their provisions.
Article 3. This approach refers to the record of the performance of business credits generated by the executive authorities at all levels and by organizations entrusted with administrative functions under the authority of the law (hereinafter referred to as the executive organ) in the performance of their duties, as well as the record of the collection of corporate credits to enterprises, industry associations, social intermediary agencies and other organizations in an agreed manner.
This approach refers to all types of economic organizations registered by the business sector for the production of business and service activities.
Article IV. The collection and publication of corporate credit information should be guided by legitimate, open, fair, accurate and timely principles that protect State secrets and commercial secrets in accordance with the law.
Article 5
The provincial development reform administrative authorities are responsible for the integrated management of corporate credit information collection and issuances throughout the province, and their corporate credit information is issued by the searching body to deal specifically with corporate credit information collection and dissemination. The sectors established by the Government of the city, the city, the district and the people are responsible for the integrated management of credit information collected and issued in this administrative region.
The executive authorities, such as trade, external trade, business, finance, tax, quality technicians, food medicine regulation, statistics, agriculture, forestry, oceans and fisheries, civil affairs, labour guarantees, safety regulation, environmental protection, information industry, science and technology, culture, publication, wide electricity, public safety, prices, construction, transport, etc., and customs, testing, quarantine, securities, banking, insurance administration, etc., are co-located and issued work together within their respective responsibilities.
Article 6. The provincial enterprise credit information issuing a search agency should collect and publish corporate credit information across the province through means such as computer networks, interconnection and sharing of information from the executive branch, provide credit information services for the administration and provide access to relevant information for society.
The provincial enterprise credit information issuing a search agency should be able to work on the collation, storage, maintenance, data security.
Chapter II
Article 7: The executive authorities or management authorities of the following municipalities, districts (communes, districts) shall, within their respective responsibilities, communicate relevant corporate credit information to provincial administrative authorities or management authorities in a timely manner; and provincial administrative authorities or management shall make the information of the sector available to the provincial enterprise credit information clearing body:
(i) The business sector provides information on the basic data and changes in the record of business registration, the results of the annual review and the administrative penalties for business;
(ii) The tax sector (including the tax and national tax sectors) provides information on corporate tax registration, unpaid taxes, stolen tax and tax administrative penalties;
(iii) Quality Technicians provide information such as corporate codes, mandatory product certification, product enforcement standards, national vouchers, Chinese brand products and quality technical supervision of administrative penalties;
(iv) Provide information, such as administrative licences and administrative penalties for enterprises, through UNCTAD;
(v) The security management sector provides information such as business safety accidents and related administrative penalties;
(vi) The statistical offices provide information, such as statistical administrative penalties for enterprises;
(vii) Environmental sector information such as pollution of serious enterprises, environmental pollution accidents and environmental administrative penalties;
(viii) The civil affairs sector provides information on the annual findings and administrative penalties of welfare enterprises;
(ix) The labour security sector provides information on the basic conditions of business and social insurance, and on the administrative penalties of labour guarantees;
(x) The construction, transport sector information on corporate qualifications, quality or safety accident responsibility and administrative penalties;
(xi) The development reform sector provides information on corporate solicitation irregularities and administrative penalties;
(xii) The information industry sector provides information on corporate qualifications, specific technical determinations and administrative penalties;
(xiii) The scientific and technical sectors provide information on scientific results validation, the identification of new technologies, the protection of intellectual property and administrative sanctions;
(xiv) Information on administrative penalties for enterprises, such as agriculture, forestry, oceans and fisheries;
(xv) Provide information such as price administrative penalties in the price sector;
(xvi) Information provided by the Food Medicine Regulatory Service on administrative licensing of medicines and medical equipment and health-care foodstuffs, quality inspection findings, and administrative penalties;
(XVII) Information on the licensing and administrative penalties of enterprises, such as culture, publication, broad-based electricity;
(xviii) The public security sector provides information on the quality, licence and administrative penalties of enterprise public safety;
(xix) The external trading sector provides information on the registration and modification of external trade operators, the operation of external contractors and labour cooperation, and the results of the annual review, and administrative penalties;
(20) Customs institutions provide information on enterprise classification management, customs management hierarchy, smuggling violations and administrative penalties;
(xxi) Testing the quarantine institutions to provide information such as the inspection and administrative penalties for the import and export of commodities by enterprises;
(xii) Securities regulators provide information on the performance of good faith responsibilities and administrative penalties for securities companies and stock-based traders;
(xxiii) Bank regulators provide information, such as commercial banks and other financial institutions, on the performance of good faith responsibilities and administrative sanctions;
(xiv) The insurance regulators provide information such as the performance of integrity and administrative sanctions by insurance companies;
(25) Relevant corporate credit information provided by other executive bodies.
Article 8
(i) The name of the enterprise, residence, statutory representative, and the organization of the institution code;
(ii) The specific content of credit information to be recorded;
(iii) The concluding observations or decisions made by the administrative authorities or the governing body in accordance with the law;
(iv) Other material to be submitted.
The relevant provincial administrative authorities or management bodies should be responsible for the development of specific projects, scope and delivery methods of the system relating to corporate credit information.
The provincial administrative authorities or management bodies should strengthen the informationization of the system, improve the information-processing platform and increase the collection and use of corporate credit information.
Article 9. Business, industry associations, social intermediaries and other organizations provide corporate credit information in an agreed manner.
Article 10. Corporate credit information provided by units providing information shall be legitimate and accurate.
Article 11 provides that the information should be supplemented or updated within the first 10 days of the first month of the first quarter and that the competent administrative body should update the information data in real time.
Chapter III Classification and issuance of corporate credit information
Article 12. Corporate credit information is divided into basic information and indicative information.
The following Article 13.
(i) The basic conditions for registration of registration in enterprises;
(ii) The basic situation of corporate legal representatives and heads of trade enterprises in stock;
(iii) The level of qualifications of enterprises;
(iv) Specific administrative licences obtained by enterprises;
(v) The results of specific or periodic inspections, testing, quarantine (including annual inspections) by the executive body, by law;
(vi) The status of other relevant business status registered by the executive branch under the law.
The information provided in the preceding paragraph includes registration, change, cancellation or withdrawal.
The following information in Article 14 is recorded as indicative information:
(i) Significant quality, safe production accidents and litigation incidents in enterprises;
(ii) Record of administrative penalties that have legal effect on enterprises;
(iii) A record of criminal responsibility for the legal effect of enterprise and enterprise legal representatives;
(iv) The record of the disruption of the economic order of the market and other grave breaches of the security of transactions, as confirmed by law.
The following information may also be recorded as indicative information as required:
(i) Labour work and wage payments in enterprises;
(ii) The payment of tax and social insurance contributions to enterprises;
(iii) Business and financial situation;
(iv) Accreditation of products, services, management systems;
(v) Access to “China's trademark” and “China's name”;
(vi) Access to national vetting (receive) certificates.
The information contained in this article is provided by the enterprise and the information-produced enterprise should submit the relevant proof material and assume legal responsibility for the authenticity of the material.
Article 15. Business credit information in the province shall be made publicly available to the community in accordance with the provisions of the preceding paragraphs and in accordance with the principles of harmonization and equality of disclosure, except information relating to State secrets and commercial secrets.
The State secrets referred to in the previous paragraph are determined in accordance with the provisions of the conservative National Secret Act of the People's Republic of China and its means of implementation; commercial secret means information such as design, process, product-sharing, production process, methods, management of handicrafts, customer lists, freight forwarding strategies, tendering of tenders and content.
Article 16 of the executive organs submit the information of the system to the provincial enterprise credit information issuing a search agency, which can be made available to society through the system's political website or the media.
Article 17 deadlines for public access after the publication of corporate credit information are determined separately:
(i) Basic information until the end of the enterprise;
(ii) The presentation of information is three years;
(iii) Voluntary disclosure of information by the enterprise to the extent that the enterprise requires an end;
(iv) The law, regulations, regulations and regulations are also provided for by the duration of their provisions.
The period of corporate credit information searches was calculated from the date of publication of the information.
After the expiry of the period of time, the provincial enterprise credit information issued a search agency terminated the public release and converted to long-term conservation information.
Article 18. The executive branch may use the corporate credit information record in the management activities related to approval registration, qualifications determination, annual review, tendering, government procurement, demonstration recommendations. The provincial enterprise credit information issuing a search agency should provide timely information.
Any organization or individual may access the provincial enterprise credit information to the search body or, through the Government website, to search for publicly issued corporate credit information. The specific search method was developed by the provincial authorities for development reform.
Chapter IV Oversight of the collection and issuance of corporate credit information
Article 20
In addition to legislation, regulations, regulations and national clarity, the executive branch and its subsidiary bodies may not organize or otherwise organize corporate credit rating activities.
Social intermediary agencies should provide social services such as the enterprise credit status survey assessment, in accordance with the relevant norms and be responsible for the authenticity and reliability of the survey assessment.
Article 21 Business considers that there is a misperception of credit information published by the provincial enterprise credit information to issue a search agency to the provincial enterprise credit information. The provincial enterprise credit information issuing a search agency should be verified in a timely manner with the units providing information; the information-providing units should provide written replies within 10 working days; and there is a mistake that should be corrected and made public.
Any unit or person in Article 2 may lodge a complaint to the relevant administrative body on corporate misconduct, either in writing or in the form of a network. The administrative organs concerned should be treated by law. The complaint is true, and the relevant executive body should refer the outcome to the corporate credit information; the circumstances of the complaint are incorrect and false, and the complainant should assume the corresponding legal responsibility under the law, in which the complaint is an enterprise and the relevant administrative body should defy the facts of the complaint to that enterprise.
The provincial enterprise credit information issued a complaint received from the relevant units and individuals regarding the misconduct of the enterprise, which should be sent within five working days of the receipt of the complaint to the relevant administrative body to investigate and inform the complainant.
The security management of the enterprise credit information dissemination system in the province should be implemented in accordance with the relevant provisions of the national work on the safety of computer information systems.
Chapter V Legal responsibility
Article 24 relevant provincial departments that provide information are in violation of this approach by denying or without undue delay the provision of corporate credit information to the provincial enterprise credit information issuing a search agency, which is charged by the provincial development reform administrative authorities to correct their deadlines; and by failing to change, they are criticized in writing by the provincial development reform administration authorities.
Article 25 contains intentional or significant failures to provide false information to the provincial enterprise credit information issuing a search body, warnings by the provincial development reform administrative authorities or the provincial relevant administrative authorities, and reordering them, granting administrative disposal or disciplinary treatment to the competent and other direct responsibilities directly responsible personnel, and providing false information to the relevant business losses and should be liable under the law.
Article 26 Business, industry associations, social intermediaries and other organizations do not provide, as agreed, relevant corporate credit information, in accordance with the law.
In violation of this approach by the provincial enterprise credit information issuing a search agency and its staff, one of the following acts is charged by the provincial development reform administrative authorities to order their duration, and disciplinary action is given to the competent and other direct responsibilities directly responsible persons in accordance with the circumstances:
(i) Disclosure or disclosure of corporate credit information involving State secrets and commercial secrets;
(ii) Contrary or unauthorized changes in corporate credit information;
(iii) Failure to transmit, within a specified period of time, complaints material to units or individuals;
(iv) Violations of the relevant provisions of the national computer information system security protection;
(v) Other violations of laws, regulations and regulations.
Annex VI
Article 28 regulates activities such as the collection, disclosure, assessment and evaluation of credit information related to business production activities.
Article 29 of this approach is implemented effective 1 September 2005.