Sichuan Province Enterprise Credit Information Collection And Disclosure Of The Executive Management

Original Language Title: 四川省行政机关征集与披露企业信用信息管理办法

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(August 26, 2005, Sichuan provincial people's Government, the 70th General session on October 13, 2005, Sichuan provincial people's Government, the 195th release come into force on the date of promulgation) the first section for the promotion of enterprise credit construction to enhance credit supervision, establishment of credit management system, maintaining fair trade and unfair competition of market economic order, create a market environment of honesty and trustworthiness, according to relevant laws and regulations, these measures are formulated.
    Executive within the administrative area of Sichuan province, the second solicitation, disclosure of credit information and other activities, these measures shall apply.
    Mentioned in these measures refers to the enterprises, are registered with the industrial and commercial administrative organs in accordance with the economic organization.
    Business credit information in these measures refers to administrative bodies, Executive to the judicial organs, institutions, social organizations, intermediary organizations, such as collecting, enterprise reporting, and other province people's Government authorizes the collection of credit-related records.
    Article enterprise credit information collection, disclosure of objective, accurate, impartial, timely, and who provide who principles and comply with the provisions of relevant laws, rules and regulations of the State.
    Enterprise credit information collection and disclosure shall safeguard the legitimate rights of enterprises, protection of trade secrets and personal privacy.
    Fourth provincial people's Government the establishment of Sichuan province enterprise credit information system, enterprise credit information collection and disclosure through computer networks, for the Administration to provide information related to corporate credit services, provides business credit information inquiry service for the community.
    Information resource management system of enterprise credit information system in accordance with the technical standards and specifications for construction, enterprise credit information system in the province between the administrative authorities of information exchange, querying and sharing.
    Article fifth enterprise credit information system into enterprise information systems information systems, Enterprise, enterprise performance prompted four subsystems warning information systems and enterprise information systems. Sixth article following information remember into enterprise based information system: (a) enterprise registration registered of basic situation; (ii) Enterprise made of special administrative license; (three) enterprise of qualification grade; (four) administrative organ law on Enterprise for special or periodic test of results; (five) enterprise of trademark, and patent, intellectual property situation; (six) administrative organ law registration of other about enterprise identity of situation; (seven) enterprise of business financial status; (eight) Enterprise labor situation; (nine) enterprise of tax and social
    Premiums paid and (10) other business information enterprise. Information from the first to the sixth item of the preceding paragraph, including registration, change, cancellation or revocation of content.
    Business license registration number is the identification number of enterprises.
    Seventh article enterprise following information remember into performance information system: (a) enterprise and statutory representative people, and main head by city level above administrative organ recognition of; (ii) tax reputation grade was County above tax sector evaluation for a, level of enterprise; was finds for famous trademark, and famous trademark or well-known trademark of; (three) through quality standard certification or products was included national exemption range of; (four) was County above business administration organ named "keep contract, and heavy credit" enterprise of;
    (V) provincial administration finds that can be credited to other good information on corporate credit.
    After examination by the relevant administrative organs, enterprises declare performance information could be included in the performance of information systems.
    Eighth article enterprise following information remember into tips information system: (a) not through statutory of special or periodic test of; (ii) production business in the was administrative organ filed survey of event; (three) and enterprise production business activities about of involved v event; (four) enterprise of statutory representative people, and main head of involved involved v matters; (five) provincial administrative organ think should remember into of enterprise other violations, and default behavior.
    Nineth article enterprise following information remember into warning information system: (a) for evasion cheat tax, and production sales fake products, and released false advertising, various violations by administrative punishment of; (ii) refused to implementation court or arbitration institutions entered into force of legal instruments of; (three) for violations constitute crime, was held criminal of; (four) provincial administrative organ think can remember into of enterprise other violations.
    Tenth Article Enterprise statutory representative people, and main head of following information, remember into warning information system: (a) Enterprise statutory representative people, and main head was found exists following case are was investigation of: 1. is was implementation penalty of; 2. 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 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;
    3. has run liquidation of enterprise's legal representative, Manager or Director, individual responsibility and the bankruptcy of the enterprise, since the bankruptcy of not more than 3 years from the date of completion of liquidation, (b) has refused to implement the people's Court or an arbitration institution of legal instruments in force and (iii) other circumstances as stipulated by laws, rules and regulations.
    11th provincial people's Government established by the relevant provincial administrative organs, judicial organs and relevant departments financial management institutions participating in the construction of the enterprise credit information system of joint system of enterprise credit information system in organization and coordination on major issues.
    Sichuan province enterprise credit information system management agency (hereinafter referred to as the province system management) is responsible for liaison, coordination and Sichuan province enterprise credit information network construction, maintenance, management, and implementation of Sichuan province enterprise credit information system of enterprise credit information collection and disclosure.
    12th above the county level administrative organs shall establish a sound business credit information management system of the joint construction of the enterprise credit information system in accordance with provincial requirements gathering, consolidation, enterprise credit information system in the region, escalate to the relevant administrative organs at the provincial level.
    Provincial administrative authorities are responsible for collect and integrate the enterprise credit information system in the province, according to uniform standards of data exchange, submitted to the enterprise credit information system with timely, accurate, lawful and complete credit information.
    Management should converge with the judicial authorities of the province system, credit information on companies being sued, for collection, consolidation, and submitted to the enterprise credit information system in a timely manner.
    Systems management should converge with the departments such as the customs, financial regulatory agencies, relevant departments have timely collection, integration of business credit information, and submit the credit information system.
    13th relevant administrative organs above the county level shall be in accordance with provincial systems the authority procedures, format, objective, accurate and submitted to the province enterprise credit information system of enterprise credit information, and responsible for the authenticity of enterprise credit information submitted.
    Institutions, social organizations, intermediary organizations, submitted to the enterprise credit information system of enterprise credit information, the provider is responsible for the authenticity.
    14th enterprise reporting to the enterprise credit information system of credit information, in accordance with the nature of the information, to the competent authorities of its industrial and commercial registration, receive authority to audit the authenticity of the information; no operational authority, accepted by the Administration for industry and Commerce and is responsible for auditing.
    15th province enterprise credit information system management should receive proper retention, filed away for future reference, ensure that disclosure is strictly in accordance with the original disclosure, may not be altered.
    Systems management should strengthen the maintenance and management of enterprise credit information system, according to collect credit information to update credit information databases.
    Article 16th after authentication, it is credit, the right to access credit information of enterprise credit information system of the enterprise in all, management should take steps to ensure that the system is easily accessible in a timely manner by credit.
    Credit there is sufficient evidence that the credit information is wrong, may make a written request to the provincial administrative institutions, and provide relevant evidence.
    Provincial system authorities upon receipt of a written request, checks should be carried out, such as disclosure of information provided the original information is not consistent with information providers, shall immediately correct; the original information and information providers should notify the enterprises apply for a correction to information providers.
    Enterprise should be self-system management institutions information within 5 business days of written request provider submit information, information providers shall, within 10 working days of receipt of the request, System Administration and maintenance or correct the written replies to the applicant.
    Article 17th enterprises apply for a correction to information providers of credit information system management according to the information provided by the province's written replies; information provider fails to reply, companies can submit a written objection to the provincial administrative institutions report dissenting report, system management should be included in business credit information.
    During application information in the enterprise systems management bodies, shall not release the objection application information enterprise fails to provide the information submitted to requests for corrections to information, as no objections.
    18th enterprise credit information system of Sichuan province collected the following information in accordance with the relevant provisions of the province through the credit information of enterprises in Sichuan province network, or otherwise disclosed to the public: (a) one to six items of information in the enterprise information system, (ii) performance information in the information system, (iii) warning information in the information system.
    19th call for Sichuan province enterprise credit information system of the following credit information of enterprises shall, in accordance with national laws, rules and regulations and the relevant provisions of the measures disclosed to the relevant administrative authorities in the province: (a) the enterprise basic information other than the information system from one to six (ii) prompt information in the information system.
    Sichuan province enterprise credit information system to any other entity or individual disclosure of information prescribed in the preceding paragraph, shall obtain the consent of the company's consent. Article 20th Sichuan province enterprise credit information system of enterprise credit information disclosure and public disclosure of all corporate information should be carried out in accordance with uniform standards.

    Disclosure of credit information of enterprises of Sichuan province enterprise credit information system may not be similar information disclosure in different enterprises.
    21st article County above administrative organ engaged in following activities Shi, by where organ main head approved, can to Sichuan province enterprise credit information system query this approach 19th article provides of enterprise credit information: (a) law on Enterprise for about approval, and approved, and registration, and certification, activities; (ii) law investigation Enterprise violations; (three) law on enterprise business activities for regulatory required query of other situation.
    22nd administrative authorities at or above the county level shall be via the Internet, the media or other means of disclosure law could open business credit information, should be submitted simultaneously to the Sichuan province enterprise credit information system the information and disclosures in accordance with the provisions of the present article 20th, but same same administrative acts of the executive authorities except in cases involving multiple companies.
    Executive staff may not use this authority to keep track or obtained through Sichuan province enterprise credit information system of this approach article 19th enterprise credit information disclosed or made available to other entities or individuals.
    23rd enterprise may decide to expand the business credit information disclosure and means laws, regulations, and except as otherwise provided in this way.
    Corporation shall, in accordance with the People's Republic of China company law provisions of the information disclosure of listed corporation or securities regulatory authority shall, in accordance with the relevant provisions of the information disclosure.
    Industry Association to ranks and about extension of the scope and manner of the disclosure of credit information of member companies of the Association, except as otherwise provided by laws and regulations.
    Sichuan province enterprise credit information system should be strictly approved by the Department in charge of price range of fees and charges and are not allowed to expand the range of fees or raise fees. 24th article enterprise credit information disclosure term according to following provides set: (a) based information system in the of information, disclosure term to effective term terminated weizhi; (ii) performance information system in the of information, disclosure term for enterprise by recognition, and gets title of effective term; (three) tips information system in the of information, disclosure term for tips information made conclusion of day check; (four) warning information system in the of information, disclosure term for 2 years, but legal, and regulations or regulations provides on enterprise of limit term over 2 years of
    In accordance with the disclosure of those stipulated by laws, rules or regulations.
    Provisions of the preceding paragraph after the expiration of the disclosure period, the system automatically disclosed, save to archive information.
    25th and above the county level administrative organs do not have any records of illegal or performance information highlights the enterprise can reduce the daily oversight of their operations inspections and special inspections, checks, periodic inspection, testing year free trial, as well as giving other incentives stipulated by laws, rules and regulations.
    26th article County above administrative organ on tips information and warning information more of enterprise should strengthening supervision management, as focus for check or checks, according to different plot law in government procurement Shi not into or canceled its qualification, not will the enterprise included various exemption, and from trial range, not grant the enterprise and statutory representative people, and main head about honors title, and limit its participate in about appraisals, and certification,.
    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.
    27th article province system management institutions and staff violation this approach provides, has following behavior one of of, by its competent sector ordered corrected, and law held about responsibility people of administrative responsibility: (a) not timely for information corrections of; (ii) illegal collection and disclosure enterprise credit information of; (three) unauthorized on enterprise credit information for modified of; (four) unreasonable refused to was levy letter Enterprise query this enterprise information of.
    28th above county level administrative organs and their staff provide false, error message, or in violation of these regulations requires the use of business credit information, depending on the plot by the supervisory authorities and the competent authorities be informed criticism, and the administrative responsibility of the persons directly responsible shall be affixed. Article 29th and in violation of these rules to provide false information, the relevant administrative organ shall order rectification, criticized. Serious consequences, should be liable.
    There was dereliction of administrative organs and their staff in the audit, joint and several liability.
    Article 30th non-profit organizations other than enterprise credit information collection and disclosure may refer to these measures.
                                            31st article this way since October 13, 2005.