Advanced Search

Guizhou Province Enterprise Credit Information Collection And Use Management

Original Language Title: 贵州省企业信用信息征集和使用管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Business credit collection and use management approaches in Hindu Province

(The 68th Standing Committee of the People's Government of Honour, 30 November 2012, considered the publication, effective 1 March 2013, of the Decree No. 136 of 30 December 2012.

Article 1 promotes social credit-building in order to enhance corporate credit and credit risk prevention, regulate the collection, openness, use and management of corporate credit information, and develop this approach in line with the relevant legal, regulatory provisions.

Article II applies to the collection, openness, use and management of corporate credit information in the administrative areas of this province.

Business credit information referred to in this approach refers to corporate identity basic information, corporate compliance information and corporate failure information.

Article 3. The collection, openness, use and management of corporate credit information, in accordance with the principles of legality, objectivity, accuracy, timeliness and responsibility, and the protection of State secret, commercial secret and personal privacy by law.

Article IV. The Government of the Provincial People has established a joint mechanism for the establishment of a system of excellence in enterprises in the provinces. The joint meeting, in accordance with the work needs to identify member units, coordinates important matters in the collection, openness, use and management of corporate credit information throughout the province.

The provincial administration of business is an open unit for corporate credit information, and the establishment of a network of good faiths for enterprises in the provinces responsible for the collection, openness and management of corporate credit information.

The establishment of a joint venture trust system in the provinces of Honours (hereinafter referred to as a member of the joint meeting) is a provider of corporate credit information that provides corporate credit information throughout the system to the public unit of the corporate credit information and can make public information on corporate credit within its mandate. The joint meeting member units should strengthen the interconnection of corporate credit information and the sharing of resources.

Article 5 The criteria, content, modalities, etc. for the provision of corporate credit information by the members of the joint meeting are determined by the joint meeting.

Article 6

Article 7. Basic information on enterprise identity includes, inter alia, the following:

(i) Access to information on administrative licences and non-administrative licensing matters;

(ii) Oversight management information, such as annual inspections, annual trials;

(iii) The identity of the legal representative or the principal holder, the main operators, and the business investor;

(iv) Business management information and financial information;

(v) Other basic information on enterprise status.

Article 8

(i) Good information on the quality of products or services;

(ii) Good bank credit information;

(iii) Good information on tax credits;

(iv) Information recognized by the Government of the above-mentioned people at the district level, as well as by the provincial authorities;

(v) Information certified through national or provincial levels in production operations;

(vi) Other compliance information on enterprises.

Article 9. Business misconceptions include, inter alia, the following:

(i) Information that is not subject to a specific or periodic test of the offence;

(ii) In production operations and management activities, enterprises are fined to a greater amount, suspension of the property, suspension or suspension of licences, suspension or cancellation of licences;

(iii) To reject the enforcement of the judgement, decision or decision, and information on the decision of the executive review;

(iv) Information on the criminal punishment of enterprises and their legal representatives, the principal heads of State for economic crimes;

(v) Enterprises should participate in social insurance in accordance with the law, without participation or by the enterprise, which is determined by law that they are in arrears in social insurance contributions, the wages of the employee, and be subject to correction of information;

(vi) Information that constitutes a grave breach of environmental protection, price laws, regulations and regulations;

(vii) The misconceptions that have occurred in bank credits;

(viii) Information on theft, tax evasion, fraud and tax resistance of enterprises;

(ix) The information on the location or borrowing of enterprises;

(x) Other misconceptions of enterprises.

Article 10 Members of the Joint Meeting should update their corporate credit information data in a timely manner. The corporate credit information provider shall be made available to the corporate credit information public within five working days a month. There are no new corporate credit information.

Article 11. Enterprises may, through the submission of written material or electronic data, declare corporate credit information publicly available to corporate credit information and guarantee the authenticity, accuracy of the information. The public unit of corporate credit information should review and update the corporate credit information that the enterprise is making an active declaration.

Article 12. Public units of corporate credit information should complete the original data on corporate credit information and should not be subject to change or deletion.

Article 13 of the law should be made public by an enterprise credit information public unit, with the exception of State secret, commercial secret and personal privacy.

The public unit of corporate credit information, prior to the publication of public corporate credit information, should be reviewed in accordance with the People's Republic of China conservative National Secret Act, as well as other legal, regulatory and national provisions for the proposed public information on corporate credit.

The public unit of corporate credit information cannot determine whether the enterprise credit information can be made public and shall be determined in accordance with the law, legislation and relevant national provisions or by the same-level confidential administration.

Article 14. Civil, legal or other organizations, in accordance with their special needs, such as production, life, scientific research, shall apply to public units of corporate credit information for access to corporate credit information, in writing (including the form of data ITU); and in writing, the applicant may submit an oral request to complete the application by an open unit of corporate credit information that receives the application.

The application shall include the following:

(i) The applicant's name or name, contact;

(ii) To apply for a description of the publicly available corporate credit information;

(iii) To apply for the form of public corporate credit information.

Article 15 responds to requests for public corporate credit information, according to the following:

(i) It is open to inform the applicant of ways and means of obtaining the corporate credit information;

(ii) That is not open and should be informed of the applicant's reasons;

(iii) The applicant shall be informed, in accordance with law, that the public unit of the corporate credit information is not public or that the enterprise credit information does not exist;

(iv) The content of the application is unclear and the applicant should be informed of changes and additions.

An application was received by an enterprise credit information public unit that would be able to respond at the time. The responses should be received within 15 working days from the date of receipt of the request; if the time period for the response is to be extended, it should be agreed by the head of the public unit of the enterprise credit information and communicated to the applicant that the time period for the extension of the response should not exceed 15 working days. The request for public corporate credit information relates to third-party rights, and the time required for an enterprise credit information public unit to seek third-party advice is not calculated within the time period of response.

Article 16 Public units of corporate credit information believe that the application for public corporate credit information relates to commercial secrets, personal privacy, public disclosure may undermine the legitimate rights and interests of third parties, should be consulted in writing; and third parties do not agree to the public and cannot be made public. However, the public unit of corporate credit information considers that there may be no public impact on the public interest and should be made public and that it will determine the content and justification of public corporate credit information to third parties in writing.

Article 17

(i) Basic information on enterprise identity, information on corporate compliance, and the date of the termination of the enterprise, shall be three years;

(ii) Business misconceptions have been closed for a period of three years.

The firm's proactive declaration of credit information, which is open to its agreement.

Article 18 Business credit information providers or public units have found that public corporate credit information is inconsistent with the reality and should be verified and amended in a timely manner.

Article 19 Business considers that public credit information is incompatible with the actual situation and may request a written application for verification by an enterprise credit information public unit and provide relevant evidence.

The public unit of corporate credit information should be verified within 20 working days from the date of receipt of written requests, consistent with the actual situation, written responses to the applicant and the reasons for it; and amendments should be made in a timely manner, incompatible with the reality.

Article 20 other units and individuals have found that public corporate credit information is inconsistent with the actual situation and can be reflected in the public unit of corporate credit information. Public units of corporate credit information should be governed by article 19, paragraph 2.

Article 21 allows an open unit of corporate credit information to decide on the need to suspend public corporate credit information during verification of inconsistent information.

Article 2, citizens, legal persons or other organizations may make use of corporate credit information free of charge through the Esssential Information Network of Business in Honours.

Article 23 should fully use corporate credit information in activities such as administration, accreditation of qualifications, recognition of excellence, financial support, and the solicitation assessment.

Article 24 allows businesses to apply for corporate credit reports to an enterprise credit information public unit. The corporate credit report can contain basic information on corporate identity, information on corporate compliance, and information on corporate failure.

Article 25 provides the following encouragement to enterprises that have the same content of the information on compliance with article 8, paragraphs 1, 2, and above, and that have no compliance with Article 9.

(i) Priority arrangements in activities such as accreditation, recognition, financial support and implementation of national policy;

(ii) Accreditation to public enterprises in society;

(iii) Other incentives provided for by law, regulations.

Article 26 may take the following measures to enterprises with a record of misconceptions of information:

(i) Not to grant the enterprise and its statutory representative, the principal head concerned the honour;

(ii) Disadvantages for public enterprises in society;

(iii) Other measures under the law, legislation and regulations.

Article 27, in the day-to-day monitoring management process, can be considered in an integrated manner to the corporate credit position and appropriately adjust the frequency and content of inspections.

Article 28 provides units that do not provide, update corporate credit information within a specified period of time, do not deal with inconsistent information in a timely manner or provide false corporate credit information, which is converted by an administrative inspection authority; and, with serious consequences, hold administrative responsibilities of competent personnel and those responsible directly.

Article 29, Public units of corporate credit information that are not publicly collected by law, do not deal with inconsistent information in a timely manner and are converted by an administrative inspection authority to a period of time, causing serious consequences to hold administrative responsibilities between the competent and the person directly responsible.

Article 33, in the use and management of corporate credit information, undermines the legitimate interests of the enterprise and causes serious consequences, and is vested in law.

Article 31 states that the enterprise declares false credit information is recorded and made public; causes adverse social impacts or other grave consequences, and is subject to legal responsibility by declared businesses.

Any unit and individual may monitor the collection, openness, use and management of corporate credit information, and the corporate credit information provider and the public unit should be proactively monitored.

Article 33 Staff of the State organs play a role in the collection, publication, use and management of corporate credit information, provocative fraud and abuse of their functions, which have not been criminalized and have been given administrative treatment by law.

Article 34 sets, open, use and management of credit information for individual business and other economic organizations, taking into account the relevant provisions of this approach.

Article XV provides for the collection, openness, use and management of corporate credit information, in accordance with laws, regulations, regulations and regulations.

Article 36 of this approach is implemented effective 1 March 2013.