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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(Standing Committee of the Hubei provincial people's Government on August 29, 2005 review by Hubei provincial people's Government on September 27, 2005 's order No. 280, published as of April 1, 2006) the first to promote the construction of social credit system, establish and improve the enterprise credit information system, to provide fair, standardized, efficient business credit information service, in accordance with the relevant laws and regulations, these measures are formulated.
    Second administrative organs and organizations authorized by the laws and regulations (hereinafter administrative authorities) of enterprise credit information collection, disclosure, use and other activities, these measures shall apply.
    Financial institutions in accordance with the laws, regulations and other relevant regulations of the State, the collection and disclosure of credit information of enterprises.
    Article business credit information in these measures refers to State agencies and related organizations in the performance of duties relating to enterprise's basic situation, business credit record.
    Enterprise credit information collection and disclosure of the fourth article shall follow the principle of legality, objectivity, impartiality and timeliness, convenience, protection of national security, public interest, protection of business secret and individual privacy, maintaining the order of the Socialist market economy. Collection and disclosure of credit information should be reliable and should be made public, legally binding decisions.
    Information providers liable for the authenticity of the information they provide. Fifth of enterprise credit information collection and disclosure practices classified administration.
    Business credit information resources for Internet sharing between the administrative bodies.
    The sixth above the county level shall be responsible for the construction of the enterprise credit information database of the Executive Organization, coordination, corporate credit information database set up and run into the level of Government informatization construction and development planning.
    Administration for industry and commerce in collaboration with the relevant administrative organ responsible for establishing business credit information database, other administrative bodies are responsible for establishing and bodies relevant to the responsibilities of enterprises credit information database, collection and disclosure of credit information of enterprises according to law, and to provide information services.
    Development and reform, management, information technology and other administrative departments depending on function is responsible for the overall development of credit information database planning, operational coordination and technical guidance.
    Seventh administrative authorities collect credit information to other State bodies and organizations, other State bodies and supports cooperation organizations within the area of responsibility.
    Eighth business credit information database by category information a, b and c information system information.
    Nineth article following information remember into a, class information system: (a) enterprise registration registered of law should public of basic situation; (ii) Enterprise made of qualification (grid), special administrative license situation; (three) enterprise through international or national standards certification of situation; (four) law on Enterprise for periodic check of results; (five) legal regulations provides enterprise should to social public of enterprise business, and financial status; (six) other about enterprise identity of situation.
    The information prescribed in the preceding paragraph includes change, cancellation or revocation of. Tenth Article following information remember into b class information system: (a) get "keep contract heavy credit enterprise" title of; (ii) get "China famous trademark" or "Hubei Province famous trademark" title of; (three) get "China brand" or "Hubei Province boutique brand" title of; (four) get "AAA" financial credit grade of; (five) get "integrity taxpayers" title of; (six) get "price measurement trust units" title of; (seven) products was included national exemption range of; (eight) get provincial above
    Advanced enterprise, environmental protection model and is named "clean sound factory" title; (IX) corporate legal representative provincial labour Medal, title of outstanding builders of socialism with Chinese characteristics, outstanding entrepreneurs, (ten) of the people's Governments above the county level, think can be credited to other credit information. 11th article following information remember into c class information system: (a) on Enterprise occurred legal effectiveness of larger amounts of confiscated, and fine, ordered discontinued closed, revoked license, and license of administrative punishment records; (ii) on Enterprise occurred legal effectiveness of, and was law implementation reduced qualification grade or not through periodic check of records; (three) on Enterprise occurred legal effectiveness of criminal judgment records; Enterprise refused to implementation of on its occurred legal effectiveness of administrative, and civil judgment or ruled
    ; Arbitral awards and the Banking Association sanctions recorded; (d) confirmed by the law of other disturbing economic, the record of serious violations of public order. 12th article Enterprise statutory representative people, and main head of following information, remember into c class information system: (a) on this enterprise serious violations has directly responsibility of; (ii) is was implementation penalty of; (three) for made has corruption bribery crime, and violations property crime or damage socialist market order crime, was sentenced to penalty, implementation expires not over 5 years of; (four) served as for mismanagement was law bankruptcy liquidation enterprise of statutory representative people or has directly responsibility of other head,
    Since the bankruptcy of not more than 3 years from the date of completion of liquidation; (e) the large amount of personal debt, the people's Court after the judgment or ruling is overdue; (f) the laws, rules and regulations cannot serve as legal representative of the enterprise, Chief in charge of other circumstances.
    Chief expressed in the preceding paragraph, is a Director of a limited liability company, supervisor, General Manager, Deputy General Manager, Finance Department, does not meet the corporate requirements of enterprise owners and staff of other companies in similar positions.
    Businesses found that their legal representatives, heads of major cases as provided for in the first paragraph, active lifting the legal representative, in charge of their responsibilities according to law; or the relevant State organs shall be ordered to correct, within 60 days of their legal representative, the post of Chief, not charged to class c information system.
    There is evidence that enterprise knows its legal representatives, heads of major cases as provided for in the first paragraph, do not apply the provisions of the third paragraph. 13th administrative organ within its areas of responsibility, in accordance with uniform rules and standards, electronic or paper document, such as, timely and accurate business credit information to peer database commit real, legitimate, complete business credit information.
    Finance, customs, Central Hubei, institutions should be satisfied that disclosure of credit information to the credit information database.
    Provides business credit information services append and update credit information in a timely manner.
    14th provincial level administrative organs in accordance with terms of reference determined to provide the province enterprise credit information database of credit information of specific projects, scope and criteria, informed the provincial administration for industry and commerce, and to the Legal Affairs Office of the provincial government for the record.
    15th credit provided information should include the following elements: (a) the company name that provides the information, (ii) the name and code of the enterprise; (c) credit information to be recorded.
    Except as provided in the preceding paragraph, provide information credited to category b or category c information system should also provide the following materials: (a) credited to the class b system information should also specify whether the enterprise application or agreed with the Administration disclosed this to the social enterprise category b information.
    (B) provide information credited to c class information systems, should provide the following paper or electronic documents: 1, notice of transfer of information; 2, the relevant decisions of the Executive; 3, court judgment or ruling; 4, the ruling of the arbitration body; 5, the decision, judgment or order, description of the implementation of the decisions and the need to provide additional material.
    16th enterprise may request relevant administrative organs to business credit information database and relevant database to provide its own line with the wider availability of credit information or other enterprise, accepting applications after examination and verification by the executive authorities to determine whether credible. 17th business credit information record period set in accordance with the following provisions: (a) a system of information, records up to the termination of the period, (ii) class b information in information systems, records the term enterprise is recognized, obtaining the title of after the expiry of 3 years; (c) category c information in information systems, record a period not to exceed 3 years.
    Laws, regulations, or rules on enterprise class-c information expressly provided the term from its provisions.
    Record after the expiration of the prescribed in the preceding paragraph, the system automatically record and save it to file.
    18th administrative organs when disclosure of credit information to the community, shall, in accordance with the provisions of laws and regulations, follow the principles of fair, just and true, according to unified standards of public disclosure.
    19th enterprise credit information database of class a and class c information, according to law, disclose to the social enterprise written application or agreed with the Administration disclosed this to the social enterprise category b information, enterprise credit information databases should be in accordance with this collection, and free disclosure to the public.
    20th administrative organs because of serious breach of law handling information for enterprises, provide credit information databases at the same time, you can disclose to the community.
    21st in accordance with this article and the provisions of any organizations and individuals through the information network with valid documents or material information disclosed to business credit information database queries.
    22nd article enterprise credit information database collection to of following information only for this level Government and the information provides organ work need query, not social open: (a) this approach Nineth article first paragraph fifth items zhiwai of enterprise of business financial status; (ii) Enterprise labor situation; (three) enterprise of tax and social premium paid situation; (four) Enterprise reported to the administrative organ approval, and approved, and registration, and certification Shi submitted of about information; (five) Enterprise statutory representative people, and main head of basic situation;
    (F) the relevant administrative authority in conjunction with the legal work of the Government bodies can be credited for additional information.
    23rd article this approach 22nd article provides of right to organ in appeared following case one of Shi, can to enterprise credit information database query this approach 22nd article provides by column about information: (a) Government decision need understand about situation of; (ii) law on enterprise implementation administrative license of; (three) law investigation Enterprise violations of; (four) law on enterprise of business activities implementation regulatory, must understand about information of other situation.
    Query article 22nd of this approach to the business credit information database provides relevant information listed, must be given by the query where the organ primarily responsible for approval.
    Without approval, administrative organs and their staff shall not be the authorities or through the business credit information included in the database provided for in this article 22nd information publicly disclosed or made available to other entities or individuals.
    24th administrative organs in the implementation of daily supervision, approvals and periodic inspection and recognition of excellence, work, business credit information should be recorded as basis or reference for day-to-day management.
    25th article administrative organ for no violations records or has more items b class information records of enterprise, give encourages: (a) reduced on its business activities of daily supervision check and special check (pumping) check; (ii) in periodic check (trial) inspection in the, can reduction of program or be exemption (trial); (three) in government procurement Shi, equal conditions Xia priority consider; (four) legal, and regulations, and regulations provides of other encourages measures.
    26th the administrative organ using the credit information of enterprises, shall conform to the purpose of the laws, rules and regulations, shall not abuse, shall not restrict the lawful business activities of the enterprise. 27th enterprises believe that the Executive is to provide to the enterprise information and facts can be provided to the administrative authority for amendment or cancellation of a record of the information recorded. Administrative authority shall, within 15 working days of receipt of the application will handle the results back to the applicant. Information do have errors, as well as being a decision or record aside, the administrative organ shall decide or adjudicate within 5 working days from the date of entry into force for amendment or cancellation of business credit information database for the record.
    Due to illegal provision or disclosure of false information damaging to individuals, the administrative organ shall be held responsible.
    28th article of the administrative organ shall, in accordance with the measures required, developing offers, append, update, maintenance, management, the use of credit information of enterprises internal working procedures and management systems, and the corresponding accountability.
    29th Executive implementation of this approach, as the implementation of public affairs, Administration content.
    Supervisory organs, Government Office of Legislative Affairs and related administrative authorities are responsible for checking and monitoring of the implementation of these measures.
    Article 30th dereliction of administrative organs and their staff provided false information, or use of, enterprises that illegally provided, update, disclose, use credit information, infringing upon the legitimate rights and interests, and damage to corporate reputation, serious or adverse consequences, and shall be subject to administrative liability and civil liability, constitute a crime, criminal responsibility shall be investigated according to law. 31st article this way in the business credit information is maintained at the provincial administration for industry and Commerce at all levels in accordance with law, received a business license and be able to independently assume civil responsibility of economic organization of credit information.
    Financial credit information of enterprises managed by the State Licensing Department is responsible for collection and disclosure.
    Approved by the administration of industry and commerce registration of other units and individual credit information collection, disclosure and other activities, these measures shall apply.
    Other administrative organ by the organ established by the Agency, other economic activities such as Organization for credit information collection, disclosure, these measures shall apply.
    32nd article this province industry association collection and disclosure of credit information of enterprises ' activities, in accordance with the measures implemented.
    Article 33rd credit intermediaries in respect of business activities of the enterprise credit information collection, disclosure, assessment and other activities of administrative measures separately. Article 34th enterprise credit information collection, disclosure and the query specified by the provincial administration for industry and commerce in conjunction with the departments concerned separately.
    State laws have special provisions on disclosure of credit information, from its provisions.
                                                                                    35th article of the rules as of April 1, 2006.

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