Guizhou province enterprise credit information collection and use management
(November 30, 2012, Guizhou Provincial people's Government, the 68th Executive Meeting December 30, 2012 the 136th of Guizhou province, published since March 1, 2013) first to enhance the credit of enterprises and credit risk prevention awareness, enterprise credit information collection, disclosure, use and management activities, promoting the construction of social credit, in accordance with relevant laws and regulations, combined with the facts of the province, these measures are formulated.
Article in the province within the administrative area of enterprise credit information collection, open, use and management, application of this approach.
Business credit information in these measures refers to basic of identity information, credit information and credit information of enterprises.
Article enterprise credit information collection, disclosure, use and manage, absolutely legitimate, objective, accurate, timely, and who provide who principles and protecting State secrets, business secrets and personal privacy. The fourth joint meeting of the provincial people's Government the establishment of enterprise credibility system construction in Guizhou province system.
Determined according to the needs of the joint units, coordinate and solve the province enterprise credit information collection, open, use, and management of major issues.
Provincial administration for industry and commerce is business credit information unit, establishing business credit information network in Guizhou province, responsible for enterprise credit information collection, disclosure and supervisory work. Members of the joint enterprise credit system construction in Guizhou province (hereinafter referred to as the joint units) are providers of business credit information, disclosure of credit information to the business unit provides this system province-wide business credit information and credit information within its areas of responsibility can be made public.
Joint credit information of enterprises should be strengthened interconnection and sharing of resources.
The fifth member of the joint unit provides business credit information standards, content, methods, determined by the joint meeting.
Sixth business credit information construction in Guizhou province as the people's Government above the county level information, budget added to the level of Government special funds for the development of the information industry.
Article seventh basic identity information includes the following:
(A) from the licensing and approval of administrative licensing information;
(Ii) annual examination, annual review and other regulatory information;
(C) the legal representative or principal responsible person, the main managers, investors, and other information related to the identity of persons;
(D) information, financial information, business management;
(E) other corporate identity, basic information.
The eighth enterprise credit information including the following:
(A) the products or services of good quality information;
(B) the Bank with good credit information;
(C) the tax credit information;
(D) by the people's Governments above the county level as well as provincial Government Department in recognition of the above information;
(E) in production and business activities through national or provincial certification information;
(Vi) other credit information of enterprises.
Nineth enterprise credit information including the following:
(A) information for violation of law not by special or periodic inspection;
(B) in production and operation and management activities, the company is subject to a large amount of fine, order to suspend production or temporarily or revokes a permit, information on administrative penalties such as suspension or revocation of license;
(C) the refusal to implement a legally effective decision, ruling or adjudication, administrative reconsideration decision information;
(D) enterprises and its legal representative, heads of major economic crimes is punished by criminal information;
(E) the Enterprise shall participate in social insurance schemes according to law and did not participate in or enterprises were identified social insurance premiums, employee wages, and ordered corrective action and refused to correct information;
(F) serious violations of environmental protection enterprises, price information on laws, rules and regulations;
(VII) already exists in the bank credit credit information;
(H) corporate tax evasion, tax evasion, tax fraud, and refusal of information;
(IX) anchored or lent, granting qualification being investigated information;
(J) other credit information of enterprises. Tenth member shall promptly updated business credit information. Business credit information providers shall, within 5 working days before the beginning of each month will update the electronic data available to business credit information unit.
Except that no new business credit information. 11th enterprises may submit written materials or the electronic data forms, such as proactive disclosure of credit information to the business unit reporting business credit information and to guarantee the authenticity and accuracy of the information.
Enterprise credit information public enterprises should be reporting business credit information for review and update.
12th credit information unit shall keep business credit information to the original data, not change, delete.
13th credit information of enterprises according to law shall be made public by the public disclosure of credit information involving State secrets, business secrets and personal privacy, except.
Disclosure of credit information in the open business credit information, should be in accordance with the People's Republic of China Law on guarding State secrets, as well as other laws and regulations and the relevant provisions of the State review of the business credit information to be available to the public.
Disclosure of credit information to credit information when you aren't sure whether you can open, shall, in accordance with the laws and regulations and the relevant provisions of the State competent department or secrecy administrative departments at the same level.
14th of citizens, legal persons or other organizations according to their production and daily life, scientific research and other special needs applications for disclosure of credit information to the business unit Gets the credit information of enterprises shall be made in writing (including the form of a data message), there is difficulty in writing, the applicant may be formulated orally, by accepting the public fill in the application for the business credit information.
Applications should include the following:
(A) the name or names and contact information of the applicant;
(B) open content description of enterprise credit information;
(C) the public requirement of enterprise credit information form.
15th to apply for open business credit information, credit information unit responded separately according to the following conditions:
(A) belongs to the open range, it shall inform the applicant for the ways and means to the business credit information;
(Ii) falls within the scope will not be made public, and shall inform the applicant in writing and state the reasons;
(C) shall not belong to business credit information unit open or the business credit information does not exist, shall inform the applicant;
(D) the request is not clear, it shall notify the applicant to change, Supplement. Disclosure of credit information unit receives the application, can answer off the cuff should be answered on the spot. Can't answer off the cuff, shall from the date of receipt of the application within 15 business days with a response; if extension of response is required, shall be agreed by the heads of enterprise credit information, and inform the applicant, extend the deadline for reply shall not exceed 15 working days.
Open business credit information related to the rights of third parties, disclosure of credit information unit does not calculate time required to seek third party advice in reply within the time limit. 16th enterprise credit information unit considers the application open business credit information involved trade secrets, personal privacy, public could undermine the legal rights of a third party, it shall seek the opinion of third parties third party does not agree to open, shall not be disclosed.
But the public think private enterprise credit information may have a significant impact on public interest, should be made public, and decided to make public the business credit information details and reasons of written notice to the third party.
17th lawfully collect credit information of enterprises publicly by the following deadline:
(A) the enterprise identity information, corporate disclosure of credit information to the date of termination of less than 3 years;
(B) corporate disclosure of credit information to credit were made public after 3 years.
Voluntary disclosure of credit information of enterprises, open terms from their agreement.
18th enterprise credit information providers or open unit open business credit information inconsistent with the actual situation should be verified and amended in a timely manner.
19th enterprise view credit information inconsistent with the actual situation, disclosure of credit information to the business unit requesting verification of written applications, and provide relevant evidence.
Disclosure of credit information unit shall, upon receiving a written request within 20 working days of check in line with the practical situation, replies in writing to the applicant and the reasons; not consistent with the actual situation should be made in a timely manner. 20th other unit and personal discovery to disclose credit information inconsistent with the actual situation, can reflect to the corporate credit information unit.
Disclosure of credit information unit shall, in accordance with the 19th article of the regulations.
21st during the inconsistent information, disclosure of credit information needed to decide whether to suspend open business credit information.
22nd the citizens, legal persons or other organizations from Guizhou province, free business credit information network query, use credit information.
23rd in terms of administration, qualification certification and accreditation, recognition of excellence, financial support and credit assessment activities should make full use of business credit information. 24th enterprises can apply to the disclosure of credit information credit report issued.
Business credit reports can contain basic information for enterprise identity, between enterprise and trustworthy information, credit information.
25th article, along with the eighth article content more than I, II, III and trustworthy information, and not any of the Nineth and trustworthy enterprise of credit information, give the following encouragement:
(A) the qualification certification and accreditation, in recognition of excellence, financial support and preferential policies for implementation of the national activities, gives priority arrangement;
(B) credit to public enterprises;
(C) the laws and regulations of other incentives.
26th with credit information on record companies, can take the following measures:
(A) does not grant the company and its legal representative, in charge of honor title;
(B) credit to public enterprises;
(C) the laws, regulations and other measures.
The 27th article in the daily supervision and management work of the executive authorities, can consider the credit status, adjusting frequency and content of the supervision and inspection.
28th credit information unit within the stipulated time providing, updating credit information, failing to deal with inconsistent information or give false credit information, rectification by the administrative supervision organ, causing serious consequences, shall be investigated for administrative liability of managers and persons.
29th public units have not been open to business credit information business credit information, failing to deal with inconsistent information, rectification by the administrative supervision organ, causing serious consequences, shall be investigated for administrative liability of managers and persons.
30th in the use and management of enterprise credit information in the process of enterprises ' legal rights and the consequences are serious, shall bear responsibility.
31st enterprise reporting of false credit information is recorded into the enterprise credit information, to be made public; adverse social impacts or other severe consequences and legal liability of the enterprise.
32nd any unit and individual credit information collection, monitoring, use and management of the public, business credit information providers and the public should take the initiative to accept supervision.
Article 33rd functionaries in the collection, open, dereliction of duty, managing business credit information, deception, abuse of, and does not constitute a crime, administrative sanctions according to law.
34th on individual businesses and other economic organizations of credit information collection, open, uses and management, reference to the relevant provisions of the measures.
35th laws, rules and regulations of enterprise credit information collection, open, use and management otherwise provides, from its provisions. 36th these measures come into force on March 1, 2013.