Interim Measures On The Public Credit Information Management In Fujian Province

Original Language Title: 福建省公共信用信息管理暂行办法

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  Chapter I General provisions first in order to regulate the credit information collection, disclosure and use, strengthen the management of public information, promoting the construction of social credit system, for the construction of "credit Fujian" to create a good social credit environment, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Article working in the administrative region of this province's public credit information collection, disclosure, use and supervision of administrative activities shall abide by these measures.

Third public credit information in these measures refers to administrative bodies, as well as laws and regulations authorized to administer public affairs functions of the Organization (hereinafter referred to as the relevant organs and organizations), and master in the performance of duties reflect natural persons, legal persons and other organizations the credit status of data and information.

Natural person in these measures, mainly refers to the legal representative of the enterprise, enterprise managers, individual businesses in China as well as the professional qualifications and the actual practice.

Fourth public credit information collection, disclosure, use, supervision and management work should follow the principle of legality, objectivity, impartiality and timeliness, to keep state secrets, protection of trade secrets and personal privacy.

Fifth people's Governments above the county level shall strengthen leadership in public information work, establish and improve public credit information management coordination mechanisms, coordinate and solve major problems in public information work.

Provincial people's Government is responsible for organizing the preparation of provincial social credit system construction plan and publicize; district municipal people's Government shall, in accordance with the province's social credit system construction plan, preparation of the construction of social credit system and the administrative areas to the public.

Provincial, district and municipal people's Governments shall establish and improve public credit information systems, and security requirements.

The sixth provincial development and reform Department, people's Bank of China Fuzhou Branch is the province's public information Department, responsible for the province's public credit information collection, disclosure and use of guidance and supervision, and daily work of the provincial leading group for the construction of social credit system.

Districts and cities and counties (cities, districts) may refer to the provisions of the preceding paragraph identify public information authority, exercise of the administrative information management functions of the public credit.

Seventh relevant organs and organizations of public credit information collection, disclosure, use of responsibility.

The relevant organs and organizations should be developed with the industry characteristics of public credit information management system, clear the credit information service institutions and persons responsible for collecting, collating, saved, processed in the course of performing their duties or public credit information.

Eighth public information platform for provinces and districts and cities respectively at the relevant organs and organizations of the credit information system interoperability and data sharing and realize its credit information sharing across regions, the formation of public use, and provide information to the Community inquiry services.

Nineth public credit information collection, disclosure, use and supervision of administrative activities, the administrative organs shall establish collaborative mechanisms with the judiciary, information sharing.

Chapter II public information public information work, collecting the tenth province, authorities in accordance with laws, administrative regulations and national standards, developing technical specifications for public information in the province. 11th public credit information for directory management. List of public credit information by competent Department of public information prepared and published.

List of public credit information should be in accordance with the relevant organs and organizations, providing information to the public information platform.

12th credit information credit information of natural persons, legal persons and other organizations, including basic information, good information, tips, and warnings.

Basic information refers to natural persons, legal persons and other organizations the identity and have qualification of specific activities information.

Good information means natural persons, legal persons and other organizations in particular areas than ordinary individual level capacity or have information to contribute, including Governments at or above the provincial level departments awarded honor, in the cause of charity to contribute information and distinctions in category management evaluation.

Message refers to not violate laws and regulations, may have risks for counterparty, trading and other credit information.

Warning information refers to natural persons, legal persons and other organizations in violation of the law of bad information.

13th article public credit information work competent sector can law from about organ and organization collection natural of credit information, its content main including: (a) basic information, including identity recognition information and career information; (ii) good information; (three) tips information; (four) warning information, owes tax, and criminal, and administrative punishment, and civil judgment implementation and other law can remember into of bad information.

Information should also be provided for in the preceding paragraph include registration, change, cancellation or revocation of content.

14th relevant organs and organizations shall not collect personal religious belief, genes, fingerprints, blood type, disease and history, as well as legal and administrative regulations prohibition of acquisition of other personal information.

Except as expressly inform the information provide the information could have adverse consequences, and has obtained the written consent, the relevant organs and organizations shall not collect personal income, deposits, securities, insurance, real estate and tax amount information.

15th article corporate and other organization basic information main including: (a) business registration information, and tax registration information, and organization institutions code registration information; (ii) equity structure information, Director, and prison thing, and Manager and the other main business managers information, corporate branch institutions information, import and export information; (three) main products, and brand, and trademark registered information, and patent has situation; (four) made of administrative license, and certification recognized and qualification information; (five) business, and financial status; (six) other basic information.

The information prescribed in the preceding paragraph includes registration, change, cancellation or revocation of content.

16th article corporate and other organization warning information main including: (a) on corporate and other organization produced bad effect of Court entered into force of judgment, and ruled, and adjustable solutions and implementation information; (ii) tax evasion, and escape recovered owes tax, and cheat export rebate, and refusal to information; (three) violation Labor Labor and the social security provides information; (four) products quality, and safety, and pollution, accident information; (five) administrative career sex charges, and Government sex Fund owes paid information; (six) by administrative punishment, and administrative forced of information;

(G) other information.

17th article about organ and organization collection public credit information, should to eventually occurred legal effectiveness of instruments for according to, main including: (a) by business administration sector approved of market subject registration registered instruments; (ii) levels administrative competent sector law made of administrative license, and qualification audit file; (three) levels administrative competent sector law made and has produced legal effectiveness of punishment decided, and processing instruments; (four) about organ and organization released or announcement of grade evaluation, and recognition decided;

(E) the judicial or arbitration body has produced legal instruments of final legal effect; (vi) other legally valid documents.

Legally binding instruments provided for in the preceding paragraph by the credit information collection staff for verification.

18th public credit information provided by relevant agencies and organizations, in addition to elements of detail to contain credit information, submission of information should also be included name, time submitted, and the information submitted by the public property.

19th-related bodies and organizations should be responsible for the authenticity of public information made available to it.

Natural persons, legal persons and other organizations reported on public credit information, laws and regulations does not require the Declaration of the organs and organizations to verify the substance of reporting information, by natural persons, legal persons and other organizations responsible for its authenticity.

Public authorities does not directly collect credit information public information, not change public credit information.

20th the relevant organs and organizations should be timely and accurate up relevant organs and organizations, as well as public information work at the same level authorities providing public information, real-time updates cannot be updated in real time, and should be updated at least monthly 1.

Third chapter public credit information disclosure 21st article public credit information disclosure term according to following provides set: (a) basic information disclosure term to corporate and other organization terminated zhihou full 3 years or natural people death; (ii) good information has validity of, disclosure term and the validity consistent; (three) good information no validity of, disclosure term to the good information was canceled of day check. (D) prompt or warning information disclosure period from bad behavior or 5 years from the date of termination.

Otherwise provided for by laws, rules and regulations, from its provisions.

Disclosed after the expiry, public information platform of application system automatically record and save it to file.

22nd the relevant organs and organizations collect public information, explicitly collected information should be public property.

Open properties into public information public, authorized inquiries and a shared public means without consent of the subject of information can be released to the public in the public media; authorization queries is the consent can be queries should be authorized by the subject of information it knows; administrative shares are shared among the relevant organs and organizations of the query.

23rd relevant organs and organizations through the public inquiry Chief credit information sharing of credit information exchange platform, arising from the performance of duties need to query corporate information and other organizations in private, non-share, must pass through the query after the approval of the head of unit and seal, as stipulated by the competent Department of public information program query.

Natural person credit information will not be made public or shared only by authorized queries disclosure, except as otherwise provided by laws, rules and regulations. 24th have achieved provincial concentration of organs and organizations should be through the credit information system and provincial public information platform for Exchange and sharing.

Not yet implemented provincial-level organs and organizations should industry concentration through the credit information system and public exchange of credit information platform system at the same level, to the heads of public information work at the same level Department or one level provides credit information industry Department, updates data in real time conditions did not have, it should be 1 times in the top 10th of each month.

25th of provinces, districts and cities public authorities through public information credit information platform in the public disclosure of credit information to the public that are part of the public.

Relevant bodies and organizations can be disclosed to the community through the industry credit information systems related to its acquisition of credit information, but shall not disclose credit information from public authorities access to non-public credit information or providing shared in the industry.

26th a citizen, legal person or other organization directly from the landing of "credit Fujian" website, or query properties to departments of public information public information to the public.

Query property for the public the public credit information should be queried after the written consent of the natural persons, legal persons and other organizations, to departments of public information queries.

Legal persons and other organizations querying its private credit information, shall issue a written certification queries to departments of public information work, or visit the "credit Fujian" websites by electronic identity authentication and queries.

Query my credit information of natural persons, may present a valid proof of identity, to departments of public information queries, can also be directly by logging into "credit Fujian" website.

27th should be subject to authorization or approval to query public credit information, credit information of public work departments should faithfully record the query, and the record is retained for 3 years from the date.

28th credit information of public works Department staff or ultra vires queries the public credit information.

Credit information of relevant agencies and organizations, public authorities and their staff shall not disclose or divulge State secrets, business secrets and personal privacy is involved in public information.

Fourth chapter of public credit evaluation and use of information article 29th natural persons, legal persons and other organizations a comprehensive credit assessment systems, integrated credit evaluation results at the provincial public information platform for public notification.

The 30th provincial development and reform Department, people's Bank of China Fuzhou Branch is a comprehensive evaluation of operational departments. Evaluation criteria and approach by the provincial development and reform Department, people's Bank of China Fuzhou Branch development.

Comprehensive evaluation about job market intermediaries such as third party credit services organizations.

31st article natural persons, legal persons and other organizations the credit evaluation is divided into faith and promise, break into general discredit, serious breach of confidence.

The 32nd through comprehensive evaluation, was identified as the word natural persons, legal persons and other organizations was identified as a serious breach of legal persons and other organizations in the province be publicized on public information platform.

33rd and trustworthy motivation refers to the relevant authorities and organizations and trustworthiness of the natural persons, legal persons and other organizations participating in specific economic and social activities in a certain time permission to give a certain degree of priority.

Punishment refers to the relevant bodies and organizations to lose the trust of the natural persons, legal persons and other organizations, permission to participate in a particular economic and social activities within a certain time constraints to some extent.

Keeping promises incentives and punishment measures based on comprehensive assessment of public information standard and method for implementation.

34th article on by integrated evaluation, was finds for and trustworthy of corporate and other organization, about organ and organization in administration or public service in the can give following and trustworthy incentive: (a) in daily regulatory in the, from check or reduced check frequency; (ii) in Government sex funds support, selective support policy of implementation Shi, priority arrangements support measures or increased support efforts; (three) recommended its participate in County above Government and about administrative competent sector law organization of the honors selection;

(D) reports in the public media (v) laws, regulations, rules and regulations can be implemented in other incentives. 35th article on by integrated evaluation, was finds for General promise of corporate and other organization, about organ and organization in administration or public service in the give following promise disciplinary: (a) in daily regulatory in the, increased check frequency; (ii) in Government sex funds support, selective support policy of implementation Shi, reset Hou arrangements support measures or reduced support efforts; (three) 1 years within shall not enjoy County above government related offers policy,

And shall not participate in the people's Governments and their relevant competent administrative departments at and above the county level shall organize all kinds of recognized certification and Honors Award, its legal representatives or person in charge shall participate in the people's Governments and their relevant competent administrative departments at and above the county level shall organize the Honor Award (iv) laws, regulations, rules and regulations can be imposed other disciplinary measures. 36th article on by integrated evaluation, was finds for serious promise of corporate and other organization, about organ and organization in administration or public service in the give following promise disciplinary measures: (a) in daily regulatory in the, as focus supervision check object, for focus special supervision check; (ii) in Government sex funds support, selective support policy of implementation Shi, canceled its application qualification; (three) 3 years shall not enjoy County above government related offers policy,

And shall not participate in the people's Governments and their relevant competent administrative departments at and above the county level shall organize all kinds of recognized certification and Honors Award, its legal representatives or person in charge shall participate in the people's Governments and their relevant competent administrative departments at and above the county level shall organize the Honor Award (iv) laws, regulations, rules and regulations can be imposed other disciplinary measures.

37th article on by integrated evaluation, was finds for and trustworthy of natural, about organ and organization in administration or public service in the can give following and trustworthy incentive: (a) recommended its participate in County above Government and about administrative competent sector law organization of the honors selection; (ii) in public spread media Shang for publicity reported; (three) legal, and regulations, and regulations provides can implementation of other incentive measures.

38th on the comprehensive evaluation, was identified as the General credit of natural person, 1 year should not participate in the people's Governments and their relevant competent administrative departments at and above the county level shall organize the Honor Award.

39th on the comprehensive evaluation, was identified as a serious breach of natural persons 3 years should not participate in the people's Governments and their relevant competent administrative departments at and above the county level shall organize the Honor Award.

Fifth chapter credit repair and objection handling 40th natural persons, legal persons and other organizations of credit with rectification to correct conditions, relevant bodies and organizations on the acquisition and recording of credit information and shall notify the parties in writing. 41st has been identified as the promise of natural persons, legal persons and other organizations within 45 days of active rectification to correct credit, can according to the prescribed procedure to the credit information of organs and organizations applying for credit repair.

Laws, regulations and rules provided in credit repair, from its provisions.

42nd about accepting credit repair agencies and organizations should receive credit repair within 20 working days from the date of the application for verification of the applicant's rectification, to meet the requirements of the corrective actions to handle credit repair.

Accept credit repair credit repair made by the relevant organs and organizations of decisions shall be made to the public credit Department at the same level or by the competent authorities and will fix the result notification applicants and copied to the competent Department of public information work at the same level.

43rd article natural persons, legal persons and other organizations that the public information disclosure to the competent authority the public credit information and the facts, shall not disclose or in accordance with relevant laws, regulations, may appeal to the competent Department of public information a written objection and submit evidence.

44th public credit Department upon receipt of the objection, and shall, within 3 working days to verify errors due to errors should be corrected immediately, and will be corrected within 2 working days to inform the applicant of the results. Non-objection due to errors on information, public credit information the information provided by competent authorities shall notify the relevant authorities and organizations to verify.

The relevant organs and organizations within 20 working days of receipt of the verification reply corrected verification, credit information of public works Department shall inform applicants of the verification results in 2 business days. 45th credit information of public authorities to deal with objections during the application, it shall suspend release of the object information.

Objects to is unable to verify the authenticity of information public information departments should be deleted, and specifying a delete reason.

Relevant bodies and organizations are finding credit information changes, failure or error, should be modified, and modified within 7 working days of the date of public works departments to submit the revised credit information credit information, credit information of public authority shall, within 7 working days for relevant information to be corrected or deleted.

Relevant bodies and organizations failing to object of verification information, and process the results will inform the competent Department of public information, public information departments no longer provides society the information query. Sixth chapter legal liability article 46th organs and public credit information organization has not submitted in accordance with this regulation, reported by the corresponding higher authorities a written reminder.

Receiving report is still not available on request, granted by the competent authorities informed criticism. Subordinate public credit information system in accordance with the provisions of this approach to a superior public submit credit information system of public credit information, credit information by higher public authorities a written reminder.

Receiving report does not provide the requested, granted by the people's Government at the criticism.

47th credit information of public authorities, the relevant bodies and organizations in the public disclosure of credit information in contravention of this regulation, by the people's Government at the criticism are serious, administrative supervision departments directly in charge of personnel and other persons directly responsible shall be disciplined.

48th article public credit information work competent sector, and about organ and organization and staff, in public credit information management work in the violation this approach provides, has following case one of of, by competent sector or administrative monitored sector ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal: (a) to not due means collection public credit information of; (ii) tampered with, and fictional public credit information of;

(C) the violation of the disclosure or disclosure of public information, (iv) failure to handle and respond to objections as required information. Seventh chapter supplementary articles the 49th article of the rules take effect on August 1, 2015.