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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(August 13, 2002 Beijing Municipal People's Government at the 51st Executive meeting on August 31, 2002, announced Beijing Municipal People's Government, the 106th) full-text article for strengthening the construction of social credit, prompting companies to enhance credit concept, promoting the municipal administrative organs information disclosure and sharing, providing information services for the community, in accordance with the relevant laws and regulations, these measures are formulated.
    Article the municipal administrative organs of the companies engaged in activities relating to credit information collection, disclosure, use and other activities, these measures shall apply.
    Business credit information in these measures in article, refers to the administrative organs shall perform their duties in the process of with regard to various types of enterprises and economic activities in the credit record of the acts.
    Businesses of all types referred to in the preceding paragraph include engaged in business activities in the administrative area of the city of enterprise, other economic organization or individual, hereinafter referred to as enterprise.
    Administrative body in these measures, levels, including the administrative authorities and organizations authorized or entrusted with administrative functions according to law.
    Fourth municipal people's Government established Beijing enterprise credit information system (hereinafter referred to as enterprise credit information system), the collection and disclosure of credit information through computer networks, achieving interconnection and information sharing of the Executive, providing a basis for administrative information services, and to provide information services.
    Enterprise credit information system status information, tips, information, warning systems and a good information system.
    Article fifth information recorded in the status of the following information systems: (a) the basic condition of enterprise registration.
    (B) obtain special administrative permission.
    (C) enterprises of qualification levels.
    (D) the administrative organ to specific enterprises or periodic inspection results.
    (V) other relevant administrative organs in accordance with the registration of corporate identity.
    The information prescribed in the preceding paragraph includes registration, change, cancellation or revocation of content.
    Sixth following information credited to prompt information systems: (a) the enterprise for violation fines, forfeiture and order to suspend an administrative punishment.
    (B) the enterprise fails the various special or periodic inspection.
    (C) the institution considers that it should be informed of other illegal activities.
    Article seventh the following information credited to the warning information system: (a) the enterprise for violation of law by the Executive withdrawal or revocation of licenses, license sanctions.
    (B) enterprise because of serious violations by special or periodic inspection and testing was not qualified.
    (C) due to the same type of offence fines, forfeiture and administrative penalty order to suspend more than twice.
    (D) the enterprise for violation constitutes a crime, be held criminally responsible.
    (E) other disrupt the market economic order, serious violations against the safety of trading.
    Article eighth and the principal responsible person of the legal representative, the following information, credited to the warning information system: (I) directly responsible for serious violations of the enterprise.
    (B) being the execution of penalties.
    (C) for committing crimes of embezzlement and bribery, crimes against property and crimes of disrupting the order of the Socialist market economy, was sentenced, execution expires not more than 5 years, or for committing a crime is sentenced, execution expires not more than 3 years and sentenced to deprivation of political rights for crimes, execution expires not more than 5 years.
    (D) the Presidency has run liquidation of enterprise 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.
    (E) the large amount of personal debt, overdue.
    (F) the laws, rules and regulations cannot serve as legal representative of the enterprise, Chief in charge of other circumstances.
    Nineth following message credited to good information systems: (a) enterprises and its legal representative, Chief municipal executive authorities on the recognition of the situation above.
    (B) was named "heavy contract, keep promise in enterprises in Beijing".
    (C) has been identified as "a well-known trademark in China".
    (D) financial institutions classified as "AAA" credit rating.
    (E) by international quality standard certification, and products are included in the scope of national inspection-free.
    (F) municipal administration finds that can be credited to other good information on corporate credit.
    Tenth administrative authorities through the Government network, in accordance with the harmonization of regulations and standards, timely and accurate manner to the enterprise credit information system providing real, legitimate and complete credit information and bear the corresponding legal responsibility.
    Municipal administrative bodies are responsible for determining and publishing the enterprise credit information system of specific projects, scope and criteria for, collect, collate information from this system, and is responsible for the information submitted to, maintained, updated, and managed.
    11th administrative organs information submitted shall include the following information: (a) submission information name of the executive authorities, (ii) the basic situation of the enterprise; (c) information to be recorded; (d) concluding comments or decisions of administrative bodies; (v) concluding comments or decisions taken by the executive authorities name; (vi) need to limit its duration.
    Except as provided in the preceding paragraph, submit information credited to the warning information system, should also submit the following written materials or the electronic document, (a) the submission information form, (ii) notice of any transfer of information and the registration form, (iii) the decision on administrative penalty; (d) the Court judgment or ruling; (e) the need to submit additional material.
    12th administrative organs information submitted in accordance with the authorization data append, modify, update and maintain, and dynamic management of information data.
    Qualified administrative organ shall update and maintain information data in real time, conditions are not available, should be at least in the first month of each quarter in the 10th before additional and updated; under special circumstances, credited to or need updating, not affected by the above time limit, can be submitted.
    13th article enterprise credit information records term according to following provides set: (a) identity information system in the of information, records term to enterprise terminated weizhi; (ii) tips information system in the of information, records term for 3 years; (three) warning information system in the of information, records term for 3 years, but legal, and regulations or regulations provides on enterprise of limit term over 3 years of, in accordance with the legal, and regulations or regulations provides of term records.
    (D) good information in the information system, was honoured for the enterprise, obtaining the title of the record period expiration date.
    Record after the expiration of the prescribed in the preceding paragraph, the system automatically records and to permanently save information.
    14th administrative organs through the Chief network can log in to enterprise credit information system, submit or query information to realize information exchange and sharing between the administrative bodies.
    Day-to-day supervision and management of administrative organs, administrative examination and approval, qualification assessment and periodic inspection and recognition of excellence, work, records shall authorize access to business credit information, as a basis for management according to law, or reference.
    15th article administrative organ for no any violations records or has more items good information records of enterprise, give encourages: (a) reduced on its business activities of daily supervision check and special check, and checks; (ii) in periodic test, and testing in the, dang annual can from trial; (three) in government procurement Shi, equal conditions Xia give priority consider; (four) legal, and regulations, and regulations provides of other encourages.
    16th article administrative organ on into tips information and warning information system records of enterprise should strengthening supervision management: (a) strengthening daily supervision check, as focus for check or checks; (ii) not will the enterprise included various exemption, and from trial range; (three) not grant the enterprise and statutory representative people, and main head about honors or title; (four) not issued Corporation listed by needed of legal business proved; (five) in government procurement Shi, not into or canceled its qualification.
    Except as provided in the preceding paragraph, 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.
    Article 17th limited enterprises registered according to law, foreign investment, administrative matters such as licensing and qualification assessment, laws, rules and regulations specified that the period of limitation from its provisions with no fixed deadline, limited for a period of 2 years, at the expiration of the period of limitation of, the system automatically lift its restrictions.
    18th Executive use business credit information, shall operate in accordance with laws, rules and regulations, shall not abuse shall not be unlawful restrictions on business activity.
    19th warning information system of enterprise credit information system and information on good information system through the Government Web site to the public according to law.
    Executive for enterprise information of serious administrative punishment, submitted to the enterprise credit information system at the same time, through the Chief of the Department Web site, or the news media, to the public.
    Published 20th Executive business credit information shall comply with the laws, regulations and rules provides that businesses involved are part of our personal privacy, trade secrets, as well as laws, regulations or rules expressly shall not be open to other content, submit the information the administrative organs shall take security measures, shall be published and disclosed. Article 21st all organizations and individuals can log on enterprise credit information system through Government websites, query information published and electronic authentication system queries the enterprise identity through identity information.

    22nd article Enterprise think this enterprise information and facts inconsistent of, can to submitted information records of administrative organ proposed change or revoked records of application, administrative organ should in received application Hou of 15 a days within made processing, and told applicants; enterprise also can law application administrative reconsideration or filed litigation; on information does have errors and was decided or ruling revoked records of, administrative organ should timely change or lifted the records; for information errors to party caused damage of,
    Shall bear the responsibility of the Executive.
    23rd administrative organs shall, in accordance with the requirements of methods developed on the submission, maintenance, management, the use of credit information of enterprises internal working procedures and management systems and the corresponding administrative accountability system.
    24th administrative organs the implementation of this approach, as the sector implementation of the content of the examination of public affairs and administration.
    Administrative supervisory organs of the authorities responsible for the administrative implementation of this approach checks and supervision.
    25th dereliction of administrative organs and their staff and the use of their positions, and released, access to business credit information, infringing upon the legitimate rights and interests, damage to reputation, shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated according to law.
    Administrative supervisory organs, as well as the relevant administrative authorities for violating these rules is not submitted as required, maintenance information and record, release and use of credit information of persons shall be subject to administrative responsibility.
    26th the administrative organs of the foreign enterprise resident representative office, foreign-funded enterprises Office in Beijing as well as advertising media and other units for credit information collection activities, publish, use, application of this approach.
                                                                      27th article this way come into force on October 1, 2002.