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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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(Consideration of the 70th ordinary meeting of the Government of the Sichuan Province on 26 August 2005 for the adoption of the Decree No. 195 of 13 October 2005 on the date of publication)

Article 1 promotes corporate credit construction, strengthens corporate credit regulation, establishes a corporate credit management system, upholds fair transactions, legitimate competition market economic order, and establishes a market environment of good faith, based on relevant laws, regulations and regulations.
This approach applies to activities such as the collection and disclosure of corporate credit information in administrative organs within the province of Sichuan.
Enterprises referred to in this approach refer to economic organizations registered under the law by the business administration.
This approach refers to information on corporate credits provided by the executive branch, collected by the executive branch to units such as the judiciary, the cause unit, social groups, brokering organizations, the self-declaration of the enterprise and the record relating to corporate credits authorized by other provincial governments.
Article 3. The collection of corporate credit information, disclosure of the principle of objectivity, accuracy, impartiality, timeliness and responsibility, and compliance with national legislation, regulations and regulations.
The collection and disclosure of corporate credit information should preserve the legitimate rights of enterprises and protect commercial secrets and personal privacy.
Article IV. The Government of the Provincial People's Government has established the enterprise credit information system in Sichuan Province to collect and disclose corporate credit information, including through computer networks, to provide relevant business credit information services for administration and to provide corporate credit information services for society.
The enterprise credit information system builds in accordance with the technical standards and norms of the information resource management system and ensures the exchange, search and sharing of information among the executive organs of the province.
Article 5 Enterprise credit information systems are divided into corporate basic information systems, enterprise performance information systems, enterprise indicative information systems and enterprise alert information systems.
The following information is recorded in the corporate basic information system:
(i) The basic conditions for registration of registration in enterprises;
(ii) Specific administrative licences obtained by enterprises;
(iii) The level of qualifications of enterprises;
(iv) The results of specialized or periodic inspections by the executive organs of enterprises by law;
(v) Intellectual property rights such as trademarks, patents;
(vi) The status of other relevant business status registered by the executive branch in accordance with the law;
(vii) The financial position of the business of the enterprise;
(viii) Enterprise work;
(ix) The payment of tax and social insurance contributions to enterprises;
(x) Other business information on enterprises.
The first to sixth information in the previous paragraph includes registration, change, cancellation or withdrawal. The registration of business licences is the identification number of enterprises.
Article 7.
(i) Enterprises and their legal representatives, the principals are recognized by the executive organs at the municipal level;
(ii) The tax creditworthiness rate is rated by the tax sector at the district level as the enterprise at the level of A; it is determined to be contrary to the mark, the well-known trademark or the prominent trademark;
(iii) Accreditation of or the inclusion of products in national vetting through quality standards;
(iv) Apprised by higher-level business administration as a “performance contract, heavy credit” enterprise;
(v) Other good behavioural information on corporate credits may be recorded by provincial administrations.
After clearance by the relevant administrative bodies, the performance information declared by the enterprise itself could be included in the performance information system.
Article 8.
(i) No specific or periodic test is adopted by law;
(ii) Incidents investigated by administrative authorities in the production of business;
(iii) Incidents related to business production;
(iv) The case of a legal representative of the enterprise and the main head;
(v) Other corporate violations and defaults considered by provincial administrations.
Article 9.
(i) Administrative penalties for all types of offences, such as theft of taxes, the production of false products and the issuance of false advertisements;
(ii) To reject the legal instruments in force of the People's Court or the arbitral body;
(iii) Criminal liability is prosecuted for the commission of offences;
(iv) Other offences committed by the provincial administrations, which may be recorded.
Article 10: The following information from the corporate legal representative and the principal head is recorded as a warning information system:
(i) The legal representative of the enterprise and the principal head of the enterprise are found to be at the disposal of the following:
The sentence is being implemented;
The imposition of sentences for crimes of corruption, crimes against property or the economic order of the socialist market has not been carried out for more than five years, or for other crimes, has been sentenced to imprisonment for more than three years and has been executed for the purpose of depriving political rights because of the offence;
As a legal representative or a director, manager of an enterprise operating in insolvency liquidation, and a personal responsibility for the insolvency of the enterprise has not been over three years since the end of the enterprise's insolvency liquidation;
(ii) To reject the legal instruments in force of the People's Court or the arbitral body;
(iii) Other cases provided for by law, regulations and regulations.
Article 11. The Government of the Provincial People's Government has established a joint venture credit information system involving relevant units such as provincial administrations, the judiciary and the financial administration to organize and coordinate major matters in the construction of the corporate credit information system.
The corporate credit information system management in Sichuan Province (hereinafter referred to as the Provincial System Management Authority) is responsible for the establishment, maintenance, management and organization of the enterprise credit information network in the Sichuan Province.
Article 12
The relevant provincial administrations are responsible for collecting, integrating corporate credit information across the province system, submitting real, legitimate and complete corporate credit information to the enterprise credit information system in a timely and accurate manner, in accordance with harmonized data exchange standards.
Provincial systems management should be connected with the judiciary by collecting, integrating and submitting corporate credit information systems in a timely manner.
Provincial systems management should be aligned with sectors such as customs, financial management agencies, to collect, integrate information on corporate credits available in the relevant sectors in a timely manner and to submit corporate credit information systems.
Article 13. The relevant executive organs at the district level should, in accordance with the procedures, formats established by the provincial system management, provide objective and accurate information on corporate credit to the provincial enterprise credit information system and be accountable for the authenticity of the submission of corporate credit information.
Business credit information submitted to enterprise credit information systems, such as utilities, social groups and intermediary organizations, is true of the provider.
Article 14. The enterprise freely declares credit information to the enterprise credit information system and, in the nature of the information, declares its business authority in the registered place of business, conducts a review of the authenticity of the information by the receiving body; and, without the competent business authority, receive and administers it.
Article 15. The corporate credit information to be received by the provincial system management authorities shall be properly retained, retained and archived to ensure that disclosures are strictly disclosed in accordance with the original information and shall not be subject to arbitrary changes.
The provincial system management should strengthen the maintenance and management of the enterprise credit information system by updating the enterprise credit information database in a timely manner, based on the collected corporate credit information.
Article 16, after the identification of the licensor, has the right to access all credit information from the enterprise credit information system, and the provincial system management body should take measures to ensure prompt access by the licensee.
The licensee has sufficient evidence that this enterprise's credit information is wrong and can submit written corrections requests to the provincial system management bodies and provide relevant evidence.
The provincial system management should be checked upon the request for written corrections, such as the discrepancy in the disclosure of information with the original information provided by the information provider, which should be corrected at the time of the time; and, in line with the original information provided by the information provider, the enterprise should be informed of the request for corrections to the information providers.
Enterprises should submit requests for written corrections to information providers within five working days from the date of notification by the provincial system management bodies, and the information providers should provide, within 10 working days from the date of receipt of the request for corrections, written replies to the provincial system management bodies and the applicant for maintenance or corrections.
Article 17 provides credit information on enterprise requests for corrections to information providers, and the provincial system administration is dealt with in a written response by the information providers, which may submit a written objection report to the provincial system management body, and the provincial system management body should include the objections report in corporate credit information.
The provincial system management shall not issue the objection to the request for correction during the enterprise's application for correction of information; the enterprise has not submitted a request for information corrections to the information provider without objection.
The following information collected by the enterprise credit information system in the Sichuan Province can be publicly disclosed in accordance with the relevant provisions of my province through the enterprise credit information network or other means:
(i) Information from one to six of the enterprise base information system;
(ii) Information in performance information systems;
(iii) Information contained in the alert information system.
The following corporate credit information collected by the enterprise credit information system in Article 19 Sichuan Province shall be disclosed to the relevant administrative organs of the province in accordance with the relevant provisions of national legislation, legislation, regulations and this approach:
(i) Information other than one to six of the enterprise base information system;
(ii) To indicate information contained in the information system.
The enterprise credit information system in the provinces of Sichuan shall be subject to the consent of the enterprise.
The public disclosure of all business information should be based on harmonized standards when the enterprise credit information system in Article 204 is disclosed.
The corporate credit information system in the provinces of Sichuan disclosed that corporate credit information should not be disclosed in a comparative manner to the same type of information from different enterprises.
Article 21, when the executive organs at the district level are engaged in the following activities, and with the approval of the principal heads of the agency, the corporate credit information required under Article 19 of the scheme can be accessed to the enterprise credit information system in Sichuan Province:
(i) Activities relating to approval, approval, registration and certification of enterprises by law;
(ii) The commission of corporate offences by law;
(iii) Other cases where business activity is regulated by law.
This information should be submitted simultaneously to the enterprise credit information system in Sichuan Province and disclosed in accordance with article 20 of this approach, in the case of the Internet, the media or other means to disclose publicly available corporate credit information by law, except for the same administrative conduct involving multiple enterprises.
The staff of the executive branch shall not be able to disclose or make available to other units or individuals the corporate credit information obtained by this body or through the enterprise credit information system in the Sichuan Province.
Article 23 allows businesses to decide on themselves to expand the scope and manner of disclosure of credit information in this enterprise, with the exception of laws, regulations and other provisions of this approach.
The Shareholding Company shall disclose information in accordance with the provisions of the People's Republic of China Companies Act, which shall also disclose information in accordance with the relevant provisions of the Securities Regulatory Authority.
Industry associations may expand the scope and manner of corporate credit information disclosure by members of the Association in the form of regulation and contraction, with the exception of laws, regulations and regulations.
The enterprise credit information system in four Sichuan provinces should be strictly based on the fees and standard charges approved by the provincial price authorities, and should not be allowed to expand the scope of the fees or to raise the rates.
Article 24 Periods of corporate credit disclosure shall be established in accordance with the following provisions:
(i) Information in the basic information system, with the period of disclosure until the expiry of the effective period;
(ii) Information in the performance information system and the period of disclosure is an effective period for enterprises to be recognized and acquired;
(iii) To indicate information contained in the information system and the period of disclosure is expiring on the conclusion of the indicative information;
(iv) The information contained in the police information system for disclosure periods of two years, but the legal, regulatory or regulatory provisions provide for a period of more than two years of limitation to the enterprise, which is disclosed in accordance with the period specified in that law, regulations or regulations.
After the expiry of the period of disclosure provided for in the previous paragraph, the system automatically distributes the disclosure to the preservation of the archival information.
Article 25
Article 26 Enterprises at the district level whose information is higher should strengthen oversight management as a focus on inspection or screening and, in accordance with the different circumstances, are not included in or removed from government procurement without including the enterprise in all types of vetting, vetting, and do not grant the enterprise and its statutory representative, the principal head concerned with honour, and limit its participation in the relevant assessment, certification, etc.
The laws, regulations, regulations impose restrictions on registration, external investment, administrative licences, qualifications and ratings for enterprises and their legal representatives, the principal heads of the authority.
In violation of this approach, the provincial system management and its staff members have one of the following acts, which are reorganized by their authorities and are held accountable under the law for the administrative responsibility of the responsible person:
(i) No timely corrections;
(ii) Inviolation and disclosure of corporate credit information;
(iii) Removal of corporate credit information;
(iv) There is no reason to deny access to this enterprise information by the licensee.
Article twenty-eighth executive bodies and their staff provide false, false information or violate the provisions of this approach to the use of corporate credit information, which may be criticized by the inspectorate with the relevant authorities and hold administrative responsibilities under the law.
Article 29 provides false information in violation of the provisions of this approach by businesses and their staff, which are redirected by the appropriate administrative organs and criticized. Serious consequences should be borne by law. The executive branch and its staff are responsible for collateral duties when they are reviewed.
The collection and disclosure of credit information from other organizations other than enterprises may be carried out in the light of this approach.
Article 31 of this approach was implemented effective 13 October 2005.