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Anhui Province, Interim Measures On The Management Of Enterprise Credit Information Collection And Use

Original Language Title: 安徽省企业信用信息征集和使用管理暂行办法

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(The 28th ordinary meeting of the People's Government of Ankara on 9 November 2005 considered the adoption of the Decree No. 188 of 6 December 2005 of the People's Government Order No. 188 of 6 December 2005 for publication beginning 1 January 2006)

Chapter I General
Article 1, in order to regulate the collection and use of corporate credit information and to promote corporate credit information-building, establishes this approach in line with relevant national provisions.
Article II applies to the collection, use and supervision of corporate credit information within the province's administration.
This approach refers to corporate credit information that is relevant to the corporate credit situation.
Article 3. The collection and use of corporate credit information should be guided by legitimate, open, fair and accurate and timely principles that preserve the legitimate rights and interests of the public and the enterprise.
Article IV
In accordance with the provisions of this approach, the relevant executive organs of the local people's government shall be responsible for the collection, summary and delivery of corporate credit information.
Article 5
Chapter II
Article 6
(i) Corporate credit information in the performance of their duties by executive organs, the judiciary and the business units with administrative functions;
(ii) Corporate credit information obtained by financial institutions in operational activities;
(iii) Corporate credit information obtained by industry organizations and intermediaries in the delivery of services;
(iv) The Government of the Provincial People's Government has asked for other credit information from the enterprise.
Article 7
(i) The business administration sector provides information, such as the registration of essential information and the award records;
(ii) Information provided by national tax, local tax authorities for corporate tax registration, unpaid taxes, levied taxes and awards;
(iii) Quality-technical supervision of administrative authorities to provide information such as enterprise organization codes, mandatory product certification, product enforcement standards, national voucher products, quality inspection findings and award records;
(iv) Security production monitoring authorities provide information on accidents and awards of business safety;
(v) The State asset monitoring authority provides information such as changes in State enterprise assets and the records of awards;
(vi) The authorities of the Land Resources Administration provide information on enterprise use, exploitation of mineral resources and related administrative penalties;
(vii) Information provided by the tourism administration authorities on the administrative licence, quality monitoring and voucher records of the tourism service;
(viii) Information provided by the administrative authorities of small and medium-sized enterprises on business and award records;
(ix) Environmental protection administrative authorities provide information, such as enterprise environmental monitoring records, environmental pollution accidents and awards records;
(x) The Ministry of Labour Guarantees provides information such as business work, wages payments, basic social insurance and vouch records;
(xi) The construction, transport, water administration authorities provide information on the quality of enterprise, tendering, quality management or safety accident responsibility and award records;
(xii) Information provided by the scientific and technical administration authorities on the identification of corporate scientific results, the identification and punishment of new technologies;
(xiii) Business administration authorities provide information, such as business and award records for trade in and outside the country;
(xiv) The price administration authorities provide information such as administrative penalties for enterprise prices;
(xv) Information provided by the Executive Authority for Food Drugs Supervision of the implementation of enterprise administrative licences, medicines and medical equipment products, quality inspection findings and awards and punishment records;
(xvi) Agricultural, forestry administration authorities provide information on business operations and awards records;
(17) The civil administration authorities provide information such as the operation of welfare enterprises and the record of awards;
(xviii) Cultural administrative authorities provide information, such as administrative licences and awards for cultural operators;
(xix) Public security authorities provide information, such as administrative licences and awards for corporate public safety;
(20) Customs provide information on enterprise classification management, customs management hierarchy, smuggling violations and award records;
(xxi) Provide information, such as vetting and voucher records, for export and import commodities from enterprises;
(xii) Other administrative bodies provide information on corporate credits provided by the Provincial Government.
Article 8
The relevant provincial administrations should strengthen the informationization of the system, improve information-processing measures and increase the collection and use of corporate credit information.
Article 9. The unit providing information shall be responsible for the legitimacy, authenticity and timeliness of the information provided to it; its information is derived directly from the enterprise and the authenticity of the information.
Article 10 The provincial joint solicitation bodies should be able to work such as the collation, storage, maintenance and data security of the enterprise credit information database and to update the enterprise credit information database in a timely manner in accordance with the collected corporate credit information.
In the case of acceptance by the provincial joint solicitation bodies and the transmission of corporate credit information, there was a error and the units that should be communicated to them in a timely manner.
Chapter III
Article 11. Corporate credit information is divided into basic information and indicative information.
The following information is recorded in basic information:
(i) The basic conditions for registration of registration in enterprises;
(ii) The basic situation of the corporate legal representative and the director, treasury, manager and the relevant senior management;
(iii) The level of qualifications of enterprises;
(iv) Specific administrative licences obtained by enterprises;
(v) The results of specific or periodic inspections, testing and quarantine by the executive body, in accordance with the law;
(vi) Other cases of corporate identity registered by the executive branch under the law.
The information provided in the preceding paragraph includes registration, change, cancellation or withdrawal.
The following Article 13 information is recorded as indicative information:
(i) Significant quality, safe production accidents and litigation cases in enterprises;
(ii) Administrative penalties for the legal effect of the enterprise;
(iii) Criminal accountability for the legal effect of enterprise and enterprise legal representatives;
(iv) The disruption of the economic order of the market and other grave breaches of the security of transactions, as confirmed by law.
The following information may be recorded as indicative information as required by the enterprise:
(i) Labour work and wage payments in enterprises;
(ii) The payment of tax and social insurance contributions to enterprises;
(iii) Business and financial situation;
(iv) Accreditation of products, services, management systems;
(v) Access to “China's trademark” and “China's name products”;
(vi) Access to national vouchers.
Article 14. The provincial joint solicitation agencies should classify corporate credit information collected in accordance with this approach and be made available to society in accordance with the provisions of the previous two articles and in accordance with the principles of harmonization and equal disclosure. However, information relating to State secrets and commercial secrets is the exception.
Article 15. The relevant provincial administrations submit this system's corporate credit information to the provincial joint exclusive institutions, which can be made available through the Internet or other means.
Article 16 Periods for publication of corporate credit information, respectively:
(i) Basic information until the end of the enterprise;
(ii) The presentation of information is three years;
(iii) The voluntary publication of information by the enterprise until the enterprise is required to terminate the publication;
(iv) The laws, regulations and regulations also provide for the duration of their provisions.
The period of publication of corporate credit information is calculated from the date of publication. After the expiry of the period of time of publication of corporate credit information, the provincial joint solicitation body terminated the publication and converted to long-term conservation information.
Article 17. The executive branch may use the enterprise credit information record, for example, by applying administrative licences, tenders, government procurement. The provincial joint solicitation bodies should provide timely information.
Any unit and individual may access to corporate credit information published by provincial joint solicitation bodies, provincial administrations or through their websites.
Chapter IV Oversight management
Article 19
Article 20 considers that the corporate credit information published by the provincial joint solicitation body is wrong and may require that the provincial joint solicitation bodies be corrected. The provincial joint solicitation bodies should be verified in a timely manner with information-provided units and the information-sharing units should be written replies within 10 working days; there was a mistake, should be corrected immediately and made public.
The provincial joint expropriation body may not issue the information on an external basis during the enterprise's request for correction.
Article 21, any unit and individual misconceptions of the enterprise, may lodge a complaint to the relevant administrative organs. The administrative organs concerned should be treated by law. Complaints are true, and the relevant executive body should refer the outcome to the corporate credit information; the complaints are incorrect and falsely, and the complainant should assume the corresponding legal responsibility under the law, in which the complaint is an enterprise, and the relevant executive body should deflect the facts on the corporate credit information.
The relevant units and individuals complain to the provincial joint solicitation bodies about corporate misconduct, and the provincial joint solicitation body shall transmit to the relevant administrative organs for investigation within five working days of the receipt of the complaint and inform the complainant accordingly.
Chapter V Legal responsibility
In violation of this approach, the relevant administrative organs of the province refuse or delay the provision of corporate credit information to the provincial joint expropriation body, which is being reformed by the provincial Government's executive authorities; the imprecise period of time; and the development of administrative authorities for reform of the reform of the Ministry of the People's Republic of the province to inform the Government of the people of the province.
Article 23 is one of the following acts by the provincial joint solicitation bodies and the relevant executive organs and their staff, which are being redirected by the provincial people's Government's development of administrative authorities for reform of the administration or by the provincial authorities. (a) Individuals responsible for direct responsibility and other persons directly responsible are treated in accordance with the law;
(i) The unauthorized publication or disclosure of corporate credit information involving State secret, commercial secret;
(ii) Provide false corporate credit information;
(iii) Reimbursement of corporate credit information or denial of correction of wrong information;
(iv) Other violations of laws, regulations and regulations.
Article 24
Annex VI
Article 25