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Beijing Municipal People's Government Beijing Executive Administrative Measures For The Collection And Disclosure Of Credit Information

Original Language Title: 北京市人民政府北京市行政机关归集和公布企业信用信息管理办法

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(Prelease No. 106 of the Order of the People's Government of Beijing, 13 August 2002)
Total
Article 1 promotes corporate credit perceptions, promotes the openness and sharing of information by the executive organs of the city, provides information services for society and develops this approach in accordance with relevant laws, regulations and regulations.
Article 2
Article 3. This approach refers to the record of credit-related actions arising from the performance of the executive branch in accordance with the law.
The types of enterprises referred to in the previous paragraph include corporate legal persons, other economic organizations and individual business owners operating activities within the city's administration area, as follows:
The administrative organs referred to in this approach include executive organs at all levels of the city, as well as organizations authorized by law or entrusted with administrative functions.
Article IV. The Government of the city has established an enterprise credit information system in Beijing (hereinafter referred to as the corporate credit information system), through computer networking and the publication of corporate credit information, interconnection and sharing of information among executive bodies, provision of basic information services for administration and provision of information services for society.
The enterprise credit information system consists of identity information systems, indicative information systems, alert information systems and good information systems.
The following information is recorded in the identity information system:
(i) The basic situation of registration in the enterprise.
(ii) Specific administrative licences obtained by businesses.
(iii) The level of qualifications of enterprises.
(iv) The results of specialized or periodic inspections by the executive organs of the State in accordance with the law.
(v) 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 is recorded in the indicative information system:
(i) Enterprises are subject to fines, forfeitures and administrative penalties for suspension.
(ii) Enterprises do not pass specific or periodic tests.
(iii) In the opinion of the executive branch, other corporate offences should be reported.
The following information is recorded as a warning information system:
(i) Enterprises are subject to suspension or suspension of licences and operating licences for offences by administrative authorities.
(ii) Enterprises are not subject to a specific or periodic test for serious offences and are deemed to be unqualified.
(iii) Enterprises have been fined, confiscated and suspended for the same type of offence for administrative purposes.
(iv) Enterprises are criminalized for offences committed by law.
(v) Other serious infringements of the economic order of the market and the security of transactions.
Article 8
(i) Be directly responsible for serious violations committed by this enterprise.
(ii) The sentence is being implemented.
(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, for more than five years or for other offences, and for more than three years, and for the purpose of depriving political rights due to the crime.
(iv) A legal representative or director, manager of an enterprise that operates ineligible insolvency liquidation and has a personal responsibility for the enterprise's insolvency, which has not been over three years since the end of the enterprise's insolvency liquidation.
(v) The amount of individual liabilities is higher and is 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 following information on Article 9 is recorded in good information systems:
(i) Enterprises and their legal representatives, the principals are recognized by the executive organs at the municipal level.
(ii) Be seen as “Health contracts in Beijing and credit enterprises”.
(iii) Be identified as “China's trademark”.
(iv) The financial institutions have been assessed as “AAAA” credit hierarchy.
(v) Accreditation through international quality standards and the inclusion of products in national vetting.
(vi) Other good information on corporate credits may be recorded by the municipal administration.
Article 10. The executive branch, through the Government's exclusive network, provides, in a timely and accurate manner, real, legitimate and complete enterprise credit information to the enterprise credit information system and assumes the corresponding legal responsibility.
The executive organs at the municipal level 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 information on the system and the harmonization of the submission, maintenance, updating and management of information.
Information submitted by the executive branch shall include the following:
(i) The name of the executive body submitting information;
(ii) The basic situation of enterprises;
(iii) The content of information to be recorded;
(iv) Concluding observations or decisions of administrative organs;
(v) To make concluding observations or to determine the name of the executive body;
(vi) Constraints and deadlines are required.
In addition to the previous provision, the information submitted to the police information system should be submitted simultaneously to the following written materials or electronic files;
(i) The form of approval of information submitted by this sector;
(ii) A letter of credit and registration form for the transfer of information;
(iii) Administrative penalties decisions;
(iv) Decisions, decisions of the People's Court;
(v) Other material to be submitted.
Article 12. The executive branch, in accordance with its mandate, provides additional, modified, updated and maintained information data submitted, provides a dynamic management of information data.
The competent administrative bodies should real time update and maintain information data, which is not yet available and should be supplemented and updated at least once in the first 10 days of the first month of the first quarter of each quarter; they are urgently required to be recorded or updated without the time limit mentioned above, which may be submitted at the time.
Article 13 Periods of corporate credit information recording are set according to the following provisions:
(i) Information contained in the identity information system, with a period of time until the end of the enterprise;
(ii) To indicate information contained in the information system for a period of three years;
(iii) The information contained in the police information system is recorded for a period of three years, but the legal, regulatory or regulatory provisions provide for a period of more than three years for the limitation of the enterprise, which is recorded in accordance with the terms of the law, regulations or regulations.
(iv) Information in the good information system, which is the time period for the record to be valid for the enterprise to be recognized and obtained.
After the expiry of the record period provided for in the previous paragraph, the system automatically distributes the record and converts it into permanent preservation information.
Article 14. The executive branch may publish the enterprise credit information system through a network of government agencies, submit or search information to achieve interconnection and sharing of information among the executive organs.
In their work on day-to-day oversight management, administrative approval, evaluation of enterprise qualifications, and periodic test and recognition, the executive body should receive the record of corporate credit information as a basis or reference for legal management, in accordance with the authorization.
Article 15. The executive branch is encouraged by enterprises that have no record of violations or have good information records:
(i) Reduce routine inspections and specialized inspections of their operations;
(ii) In the course of the periodic test, the examination is free of trial during the year;
(iii) Priorities under the same conditions in the procurement of the Government;
(iv) Other incentives provided for by law, regulations and regulations.
Article 16
(i) Enhance day-to-day inspection as a focus for inspection or screening;
(ii) Not to include the enterprise in all types of vetting and vetting;
(iii) Not to grant the enterprise and its statutory representative, the principal head concerned the honour or designation;
(iv) None of the legal certificates required to operate in the market of the value company;
(v) In the case of government procurement, it is not included or removed its qualifications.
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 17 belongs to matters relating to registration, external investment, administrative licences and the measurement of qualifications, which are regulated by law, regulations, regulations specifying the duration of the limitation, from their provisions, without specifying the duration of the period for a period of two years, when the period expires, the system automatically lifts its limitations.
Article 18 Use of corporate credit information by executive organs shall be used in accordance with the purposes set forth in laws, regulations, regulations and regulations and shall not be misused and shall not be subject to any law limiting business activity.
Article 19 provides information on police information systems and good information systems in enterprise credit information systems, which are made available to society by law through Government websites.
Information on administrative penalties imposed by the executive branch for serious corporate violations can be made available to society through the government website in this sector or the media.
Article 20 publishes corporate credit information in accordance with the provisions of the law, regulations, regulations and regulations, with respect to personal privacy, business secrets involved and other elements that are not public, and the executive organs submitting information shall take confidential measures and shall not be disclosed and disclosed.
Article 21, any organization and individual may publish the enterprise credit information system through the Government website, access to the relevant information published and access to enterprise identity information through the enterprise identity electronic certification system.
Article 22 considers that this enterprise information is incompatible with the facts and may submit a change or cancellation of the record to the executive body submitting the information record, which shall be processed by the executive branch within 15 working days after the request has been received and communicated to the applicant; the enterprise may also apply for administrative review or prosecution in accordance with the law; the administrative authority shall be held accountable under the law as a result of the error of information and the decision to withdraw the record.
Article 23 should establish an internal working procedures and management system for the submission, maintenance, management, use of corporate credit information, as well as an administrative accountability system, as required by this approach.
Article 24 Implementation of this approach by the executive branch as a matter of the public administration of the sector and of the judicial conduct of the administrative work.
The executive inspectorate is responsible for checking and monitoring the implementation of this approach by the executive branch.
Article 25. The executive organs and their staff play a role in the exercise of their duties, unlawfully publish, use corporate credit information, violate the legitimate rights and interests of the enterprise, undermine the credibility of the enterprise and hold administrative responsibility in accordance with the law, constitute a crime and hold criminal responsibility under the law.
The executive inspectorate and the relevant administrative organs are responsible for the failure to submit, maintain information and record, publish and utilize corporate credit information in violation of this approach, in accordance with the law.
Article 26 Activities related to the pooling, publication, use, etc. of credit information by the executive branch for the agencies of the Permanent Representatives of Foreign Enterprises, the Office of Foreign Business in Kyoto and the advertising media apply.
Article 27 of this approach was implemented effective 1 October 2002.