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Hubei Province Enterprise Credit Information Collection And Disclosure Of The Executive Pilot Scheme

Original Language Title: 湖北省行政机关归集和披露企业信用信息试行办法

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(Adopted by Decree No. 280 of 27 September 2005 of the Government of the Northern Province of Lake Great Britain and Northern Ireland)

Article 1 develops this approach in accordance with the relevant laws, regulations, in order to promote social credit systems and establish a sound enterprise credit information system that provides fair, normative and fast-track enterprise credit information services for society.
Article 2
Financial institutions are pooled and disclosed in accordance with laws, regulations and other relevant national provisions.
Article III refers to the corporate credit information referred to in this approach as a record of the basic state of the enterprise involved in the performance of its duties by State organs and relevant organizations, and of the integrity of business activities.
Article IV lists and disclosures of corporate credit information and should be guided by legitimate, objective, fair, timely and civil principles that guarantee national security, public interest, protect business secrets and personal privacy and preserve the economic order of the socialist market.
Corporate credit information that is collated and disclosed should be authentic and should be made publicly and legally binding. Information providers assume legal responsibility for the authenticity of their information.
Article 5 Corporate credit information resources are shared among executive bodies.
Article 6. More than the people's government is responsible for the organization, coordination and integration of the establishment and operation of the enterprise credit information database into the development planning of information development at this level.
The Chamber of Commerce and Industry Administration is responsible for the establishment of a database of corporate credit information with the relevant executive bodies, and other executive bodies are responsible for the establishment of a database of corporate credit information relevant to the functions of the organ, the incorporation and disclosure of corporate credit information in accordance with the law and the provision of information referral services for society.
The executive authorities, such as development reform, economic management, information industry, are responsible for overall development planning, operational coordination and technical guidance for the credit information database.
Article 7. The executive organs support other State bodies and organizations in the collection of corporate credit information to other organs and organizations.
Article 8
The following information on article 9 is recorded in the information system of A:
(i) The registration of registrations by enterprises shall be made public in accordance with the law;
(ii) The availability of specific administrative licences, such as the quality (g);
(iii) Business accreditation through international or national standards;
(iv) The results of the periodic inspection of enterprises by law;
(v) Legal regulations stipulate that businesses should operate and financially to socially public enterprises;
(vi) Other relevant business status.
The information provided in the previous paragraph included changes, cancellations or withdrawals.
The following information on Article 10 is recorded in category B information systems:
(i) Access to the term “governance of contracts”;
(ii) Access to “China's trademark” or “Germanent trademarks in the northern province of Lake”;
(iii) Access to “China's name” or “Stad brand” in the northern province of Lake;
(iv) Access to “AAAA” financial credit levels;
(v) Access to “intellectronic taxpayers”;
(vi) Access to the “principation of price measurements”;
(vii) The inclusion of products in national vetting;
(viii) Access to higher-level enterprises, environmental protection models and designated as “clean-friendly plants”;
(ix) The legal representative of the enterprise receives more than five labour awards at the provincial level, the excellent Chinese chewing of the socialist, and the proxy of the good entrepreneurship;
(x) Other good credit information that may be recorded by the Government of more than one of the people of the district.
The following information is recorded in the CIS:
(i) Forfeiture, fines for the larger amount of the legal effect of the enterprise, suspension of the production industry, suspension of licences and administrative penalties for the licence;
(ii) A record of the legal effect of the enterprise, which is governed by the law, to reduce the level of qualifications or to be subject to a periodic inspection;
(iii) Record of criminal proceedings that have legal effect on the enterprise; administrative, civil judgement or decision that the business rejects the legal effect on it; arbitral awards and bank sanctions records;
(iv) A record of other grave violations of economic, social order, which are confirmed by law.
Article 12. The following information on the legal representative of the enterprise and the principal holder is recorded in the category C information system:
(i) Be directly responsible for serious violations committed by this enterprise;
(ii) The execution of sentences;
(iii) The imposition of sentences for crimes of corruption, crimes against property or damage to the economic order of the socialist market has been imposed for more than five years;
(iv) To serve as a legal representative or other head of direct responsibility for the operation of an enterprise that is incompatible with the law, for a period not exceeding three years from the date of the liquidation of the enterprise in insolvency;
(v) The amount of individual liabilities is higher, and is not liquidated after the judgement or decision of the People's Court;
(vi) Legal, regulatory and regulatory provisions do not serve as a legal representative of the enterprise and other circumstances of the principal head.
The main heads expressed in the previous paragraph refer to the directors of a limited liability company, treasury, master manager, Deputy Chief Executives, Controller of the financial sector, who do not have the corporate legal personality, and other businesses that are in the same position.
The business found that its statutory representative, the principal head of the principal, had provided for in paragraph 1, that it had taken the initiative to remove its statutory representative, the principal head of the office of the principal; or that it had been converted by the responsible authority of the State concerned, and that it had not been registered in the C-Information System for 60 days.
There is evidence that the enterprise is aware of the circumstances in which its legal representative, the principal head has paragraph 1, and does not apply the provisions of paragraph 3.
Article 13. The executive branch, within its responsibilities, adopts electronic or paper-based files, such as uniform provisions and standards, and submits authentic, legitimate and complete corporate credit information to the same-level enterprise credit information database in a timely and accurate manner. Central institutions, such as financial, customs, should transmit their corporate credit information to the enterprise credit information database as may be disclosed.
Agencies providing corporate credit information should be supplemented and updated in a timely manner.
Article 14. The provincial administrations, in accordance with their terms of reference, identify specific projects, scope and criteria for credit information provided to the enterprise credit information database in the province, inform the provincial and industrial administration authorities and file with the provincial Government's Office of the Rule of Law.
Article 15
(i) Name of units providing information;
(ii) The name and code of the enterprise;
(iii) The content of credit information to be recorded.
In addition to the preceding paragraph, information on the information recorded in category B or C should be made available at the same time:
(i) To provide information to be recorded in the B information system, it should be noted at the same time whether the enterprise has applied or agreed to disclose to society the B type of information for this enterprise.
(ii) Provision of information to be recorded in category C information systems, which shall be accompanied by the following paper or electronic file:
A letter of transfer of information;
Relevant decisions of the executive branch;
Decisions and decisions of the People's Court;
Decisions of arbitral bodies;
The above-mentioned decisions, judgements, decisions, statements of implementation of decisions and other material required.
Article 16 may apply to the relevant executive organs to provide the enterprise credit information database and the relevant databases with a range of credit information that is consistent with the provision of their own or other enterprise, and to decide whether the request is admissible after review by the administrative body.
Article 17
(i) Information in category A information on the record period until the end of the enterprise;
(ii) Information in category B information on the record period of three years after the expiry of the effective period of recognition, access to claims;
(iii) Information in category C information systems not exceeding three years. Legal, regulatory or regulatory deadlines for the corporate category of information records are clearly defined, from their provisions.
After the expiry of the record period provided for in the previous paragraph, the system was automatically removed and converted to the archives.
Article 18 When administrative authorities disclose corporate credit information to society, they should be disclosed publicly in accordance with uniform standards, in accordance with the provisions of the laws and regulations.
Article 19
Article 20 provides information on the treatment of business as a result of gross violations, while making available to the enterprise credit information database, social disclosure can be disclosed.
Article 21, in accordance with this approach and related provisions, any organization and individual may seek information from the enterprise credit information database through information networks or valid evidence.
Article 2: The following information compiled by the enterprise credit information database is available only for the work of the current Government and the information-provided agencies and is not open to society:
(i) The financial position of business of enterprises outside article 9, paragraph 1, paragraph 5 of this approach;
(ii) Enterprise work;
(iii) The payment of tax and social insurance contributions to enterprises;
(iv) Enterprise reporting requests relevant information submitted by executive organs for approval, approval, registration and certification;
(v) The basic situation of the corporate legal representative and the principal head;
(vi) The relevant administrative bodies will determine other information that may be recorded with the Government's rule of law working body.
Article 23 of this approach provides that the competent authority under article 22 of this approach, in one of the following cases, may refer to the information contained in article 22 of this approach to the enterprise credit information database:
(i) Government decision-making needs to be informed;
(ii) The application of administrative licences to enterprises by law;
(iii) The commission of corporate offences by law;
(iv) The regulation of business activities of enterprises under the law must be informed of other information.
The information set out in article 22 of this approach is directed to the enterprise credit information database and must be approved in advance by the principal heads of the body in which the searcher is located.
Without approval, the executive branch and its staff shall not disclose or make available to other units and individuals the information contained in article 22 of this approach, which is owned or obtained through the enterprise credit information database.
Article 24 governs the performance of the day-to-day supervision management, administrative licences and periodic inspections and recognition of excellence, and should make the corporate credit information records a basis or reference for the day-to-day management.
Article 25
(i) Reduce routine inspection and special screening of their business activities;
(ii) In the cyclical test (review) test, it may be reduced or dismissed (review);
(iii) Priorities under the same conditions when government procurement;
(iv) Other incentives provided for by law, regulations and regulations.
Article 26 governs the use of corporate credit information by executive organs and shall be consistent with the purposes set forth in laws, regulations and regulations and shall not be misused and shall not limit the legitimate business activity of the enterprise.
Article 27 considers that this enterprise information provided by the executive branch is incompatible with the facts, and may apply for changes in the administrative organs that provide information records or withdraw records. The executive branch shall respond to the outcome within 15 working days of the date of receipt of the request. The administrative body should change or withdraw the enterprise credit information database within five working days from the date of the decision or decision of entry into force. The relevant administrative bodies should be responsible under the law for the damage caused by the provision or disclosure of false information to the parties.
Article 28 should establish internal working procedures and management systems for providing, additional, updated, maintaining, managing, using corporate credit information, as well as corresponding accountability mechanisms, as required by this approach.
Article 29 Implementation of this approach by the executive body as an open and legal administrative examination of the executive branch.
The inspectorate, the Government's rule of law and the relevant administrative bodies are responsible for inspecting and monitoring the implementation of this approach.
Article 33 provides unreasonable information by the executive branch and its staff members to play a role, or use the work, unlawful provision, updating, disclosure, use of corporate credit information, violations of the legitimate rights and interests of the enterprise, in the event of serious or negative consequences, in order to hold administrative responsibility and civil responsibility in accordance with the law, as well as criminal liability.
The corporate credit information in this approach refers to the legal registration of business administrations at all levels of my province, the receipt of business licences and the ability of independent economic organizations with civil responsibility. The credit information for financial enterprises is vested in the management mandated by the State to collect and disclose.
This approach is applied by other units and individuals that are registered with the approval of the business administration authorities for activities such as pooling, disclosure.
Other administrative bodies apply this approach to activities such as the pooling and disclosure of credit information by intermediaries, other economic organizations, approved by this body.
Article 32 of this province's industry associations are integrated and disclosed in the activities of corporate credit information to be implemented in the light of this approach.
Article 33 regulates activities such as collateralization, disclosure, assessment and evaluation of corporate credit information in business activities.
Article 34 specifies that corporate credit information is pooled, disclosed and processed separately by the Provincial Business Administration Authority. National legislation provides specific provisions for disclosure of corporate credit information.
Article 55 of this approach was implemented effective 1 April 2006.