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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

In order to regulate the collection, disclosure and use of public credit information, to strengthen the management of public credit information, to fully promote the building of social credit systems and to create a good social credit environment for the construction of “credit-for-construction” and to develop this approach in line with the relevant legislation.

Article 2 engages in public credit information collection, disclosure, use and supervision management activities in the administrative areas of the province.

Article 3. The public credit information referred to in this approach refers to information and information produced and available in the course of the performance of the duties of natural persons, legal persons and other organizations reflecting the credits of natural persons, legal persons and other organizations.

This approach refers to natural persons who are legal representatives of the enterprise, the main operators of the business, the individual business and business, and the professional executive and the practitioners.

Article IV sets, disclosure, use and supervision of public credit information should be guided by legitimate, objective, fair, timely principles, conservative State secrets and the protection of commercial secrets and personal privacy.

Article 5 Governments of more people at the district level should strengthen the leadership of public credit information efforts, establish mechanisms for improving public credit information management and coordinate key issues in public credit information efforts.

The Provincial Government is responsible for the organization of planning and publication of the whole provincial social credit system; the establishment of the commune government should build and make public the planning of the current administrative regional social credit system in accordance with the provincial social credit system.

Governments of provinces, districts and municipalities should establish improved public credit information systems and guarantee requirements.

Article 6

The municipalities, districts (communes, districts) may exercise the public credit information management functions in this administrative region, taking into account the provisions of the preceding paragraph.

Article 7 agencies and organizations are the subject of public credit information collection, disclosure and use.

The agencies and organizations concerned should develop a public credit information management system with the characteristics of the industry, specifying the functions and responsibilities of the unit's credit information work, which is responsible for collecting, collating, retaining, processing and processing of public credit information generated or obtained during the performance of its duties.

Article 8. Public credit information platforms in provinces and municipalities are intertwined with the sectoral credit information systems of the same-level agencies and organizations and are shared with the data to achieve cross-regional, cross-sectoral sharing of public credit information across the province and to provide relevant information to society.

Article 9. In the collection, disclosure, use and supervision of public credit information, the executive body should establish collaborative mechanisms with the judiciary to share information.

Chapter II Public credit information collection

Article 10 The provincial public credit information authorities develop public credit information technology norms in the province in accordance with laws, administrative regulations and national standards.

Article 11. Public credit information is governed by a directory. The directory of public credit information is prepared and published by the provincial public credit information authorities. The agencies and organizations concerned should inform the public credit information platform in accordance with the public credit information catalogue.

Article 12

Basic information refers to the identity of natural persons, legal persons and other organizations, as well as information on the quality of specific activities.

Good information means information that natural persons, legal persons and other organizations have, in specific areas, information that goes beyond the general level of personal capacity or contribute to behaviour, including the honour granted by more than provincial governments or departments, the information contributing to the philanthropic cause and the good rating in classification management.

The indicative information refers to credit information that has not been violated by law and that may be at risk of trading, such as handicraft, transaction.

The alert information refers to poor information resulting from violations by natural persons, legal persons and other organizations of the law.

Article 13 Public credit information authorities may collect credit information from the relevant organs and organizations, including:

(i) Basic information, including identification of information and vocational information;

(ii) Good information;

(iii) Indicative information;

(iv) Accreditation information that is owed to taxes, criminal offences, administrative sanctions, enforcement of civil sentences and other poor information that is legally recorded.

The information provided in the preceding paragraph should also include registration, change, cancellation or withdrawal.

Article 14.

In addition to the explicit notification of the information subject to the availability of this information may have adverse consequences and obtain written consent, the authorities and organizations concerned shall not collect information on the income, deposits, value securities, commercial insurance, real estate information and tax amounts.

Article 15. Basic information of legal persons and other organizations includes, inter alia:

(i) Business registration information, tax registration information and registration of information in the organization's code;

(ii) Information on the structure of the Unit, information from directors, heads, managers and other major operators, corporate branch information, export and import information;

(iii) Status of primary products, brands, trademark registration information and patent ownership;

(iv) Administrative licences, accreditation and quality information obtained;

(v) Operational, financial situation;

(vi) Other basic information.

The information provided in the preceding paragraph includes registration, change, cancellation or withdrawal.

Article 16 highlights of the information by legal persons and other organizations, including:

(i) The Court's entry into force for legal persons and other organizations, decisions, mediation and implementation information;

(ii) Stolen taxes, evasion of taxes, deception of export evasion and tax information;

(iii) Violations of labour and social security provisions;

(iv) Information on accidents such as product quality, safe production and environmental pollution;

(v) Servicing fees for administrative purposes and the Government's contributions;

(vi) Information on administrative penalties and administrative sanctions;

(vii) Other alert information.

Public credit information collected by the relevant organs and organizations should be based on instruments that ultimately have legal effect, including, inter alia:

(i) Registration instruments of market subjects approved by the business administration sector;

(ii) The administrative licence, the quality of the review documents made by the executive authorities at all levels;

(iii) All levels of administrative authorities shall be determined by law and have legal effect;

(iv) A hierarchy of evaluation and recognition of decisions by the relevant organs and organizations;

(v) Legal instruments adopted by the judiciary or by arbitral bodies that have the ultimate legal effect;

(vi) Other legitimate and effective documentation.

The instruments that have legal effect under the preceding paragraph are verified by the credit-gathering person.

Public credit information provided by the agencies and organizations concerned, in addition to the detailed elements of the content of credit information, should also include the name of the information unit, the time of submission and the public attributes of the information submitted.

Article 19 shall be responsible for the authenticity of public credit information provided to them.

Public credit information directly declared by natural persons, legal persons and other organizations, and legal regulations do not require the verification of the substance of the declaration by organs and organizations that have accepted it, their authenticity lies with natural, legal and other organizations.

Public credit information authorities do not collect public credit information directly, nor do they change public credit information.

Article 20 should provide public credit information to the relevant organs and organizations at the highest level and to the public credit information authorities at the same level to ensure real-time updating; at least once a month should be updated in the absence of real time.

Chapter III Public credit disclosure

Article 21 Periods of public credit disclosure shall be set according to the following provisions:

(i) The period of disclosure of basic information to the end of three years or the death of natural persons after the termination of legal and other organizations;

(ii) Good information is effective and the period of disclosure is consistent with that period;

(iii) Good information was not valid and the disclosure period until the date on which the good information was cancelled.

(iv) Exclusive information or warning of the period of disclosure of information from the date of the termination of the event. The laws, regulations, regulations and regulations provide for their provisions.

After the expiry of the period of disclosure, the application system of the public credit information platform was automatically removed from the record and converted to archives.

The public credit information collected by the authorities and organizations concerned should be made clear.

Public attributes of public credit information are divided into public, authorized inquiries and government-sharing; social openness means that the information-holders agree that it can be made available to the public in the public media; authorizes access to the information subject to the consent of the subject matter of the information to be informed; and government sharing refers to information-sharing.

Article 23 provides that the authorities and organizations may consult the fiduciary-sharing information through a public credit information exchange platform, which, in the event of a need for access to confidential and non-sharing information by legal persons and other organizations, shall be consulted in accordance with the procedures established by the public credit information authorities, upon approval by the head of the search cell and the addition of the public chapter.

The credit information of natural persons is not open and shared, but is disclosed only through a delegation of authority, with the exception of laws, regulations and regulations.

Article 24 agencies and organizations that have achieved the concentration of provincial industries should be shared with provincial public credit information platforms through industry credit information systems. Agencies and organizations that have not yet done so should provide credit information in a timely manner to the same-level public credit information authorities or to the top-level industry authorities through an industry credit information system with the same-level public credit information platform, which is not yet available, and one should be updated within 10 days of each month.

Article 25, Public credit information authorities in provinces and municipalities are part of society's public disclosure through public credit information platforms.

The agencies and organizations concerned may disclose relevant credit information collected by the industry's credit information system to society, but no public credit information that is shared from the public credit information authorities or from the industry is not disclosed.

Article 26 citizens, legal persons and other organizations may direct access to the land-based “credit-for” website or public credit information to public credit information authorities.

Access to public credit information other than public disclosure should be directed to public credit information authorities after the written consent of the natural, legal and other organizations consulted.

Legal persons and other organizations have access to credit information in their private capacity, and written evidence should be provided to the public credit information authorities or to the land-based “credit-building” website be certified electronically.

A natural person can access his or her credit information by means of his or her effective identity certificate, to the public credit information authorities, or to direct access to the website of the “Group”.

Article 27 provides public credit information that should be sought by the authorized or authorized party, and the public credit information authorities should keep the information on the search in a real record and preserve three years from the date of the record.

Article 28

The authorities and organizations concerned, the public credit information authorities and their staff shall not disclose or disclose public credit information concerning State secret, commercial secret, personal privacy.

Chapter IV Public credit information evaluation and use

Article 29 establishes a comprehensive credit evaluation system for natural, legal and other organizations, and the results of the integrated credit evaluation are presented at the provincial public credit information platform.

Article 33 The Ministry of Development Reform of the Provincial People's Government and the Director of the Centre of the Chinese People's Bank Fore are the Integrated Evaluation Operations Authority.

The identification criteria and approaches for the integrated evaluation were developed by the Ministry of Development Reform, the China People's Bank Fore State Centre. The work related to the integrated evaluation could be entrusted to market intermediaries such as third-party credit service agencies.

The comprehensive evaluation of the credits of natural persons, legal persons and other organizations is divided into compliance and misconceptions, which are divided into general misconceptions and bad faiths.

Article 32, in an integrated assessment, lists of natural persons, legal persons and other organizations identified as being committed, as well as the list of legal persons and other organizations identified as serious misconduct, are presented in the provincial public credit information platform.

Article 33 Refrain is a priority given by the relevant organs and organizations to the degree of competence of the individual, legal and other organizations involved in specific economic activities within a certain time frame.

Indicative corrections refer to the extent to which the authority to participate in specific economic social activities is limited by the authorities and organizations concerned in relation to the misconceptions of natural persons, legal persons and other organizations.

Compliance incentives and failure of disciplinary measures are specifically implemented in accordance with the standards and approaches of the comprehensive evaluation of public credit information.

Article 34 provides for an integrated evaluation of legal persons and other organizations found to be honoured, and the authorities and organizations concerned may give the following confidence in the administration or public services:

(i) Exemption from inspection or reduction of inspection frequency in routine regulation;

(ii) Priority should be given to the implementation of selective enabling policies, such as government funding support, or to strengthening support;

(iii) To recommend that the Government of the above-mentioned people at the district level and its relevant executive authorities organize the honorary awards in accordance with the law;

(iv) Public media coverage;

(v) Other incentives that may be implemented by law, regulations and regulations.

Article XV provides for an integrated evaluation of legal persons and other organizations found to be general misconceptions, with the authorities and organizations concerned being punished with the following in administrative or public services:

(i) Increase the frequency of inspections in the daily management;

(ii) In the implementation of selective enabling policies, such as government funding support, the establishment of post-emptive measures or the reduction of enabling efforts;

(iii) In one year, there shall be no benefit from the relevant preferential policies of the Government of the above-ranking people and shall not participate in the various determinations and honorary awards organized by the Government of the people at the district level and its relevant administrative authorities, which shall not be elected by the statutory representative or head of the population at the district level and their respective executive authorities in accordance with the law;

(iv) Other disciplinary measures that may be implemented by law, regulations and regulations.

Article XVI provides the following disciplinary measures in the administration or public services:

(i) In the day-to-day regulation, a focus is placed on monitoring and carrying out specialized oversight inspections;

(ii) In the implementation of selective enabling policies, such as government funding support, the removal of their application;

(iii) In three years, there shall be no benefit from the relevant preferential policies of the people of the district level and shall not participate in the various identification and honorary awards organized by the Government of the above-mentioned people at the district level and the relevant administrative authorities, which shall not be elected by the statutory representative or head of the population at the district level and their respective executive authorities in accordance with the law;

(iv) Other disciplinary measures that may be implemented by law, regulations and regulations.

Article 37 provides the following confidence in the administration or public services for natural persons identified as being committed by an integrated evaluation:

(i) To recommend that the Government of the above-mentioned people at the district level and its relevant administrative authorities organize the honorary awards in accordance with the law;

(ii) Public media coverage;

(iii) Other incentives that can be implemented by law, regulations and regulations.

Article 338, which is recognized as a natural person who is generally misconceptive, shall not participate in the honorary selection of the Government of the above-ranking people at the district level and the relevant administrative authorities in accordance with the law.

Article 39, in an integrated assessment, is determined to be a natural person who has been severely misconcepted, shall not be allowed to participate in the honorary awards of the Government of the more than three years and the relevant administrative authorities.

Chapter V

Article 40 The misconceptions of natural persons, legal persons and other organizations are subject to correctional conditions, and the authorities and organizations concerned should inform the parties in writing when they are collected.

Article 40, natural persons, legal persons and other organizations who have been identified as misconceptions have been active in rectating misconceptions within 45 days, and can apply for the rehabilitation of credit records to organs and organizations of the original credit information records, as required. The laws, regulations and regulations provide for the restatement of credits, from their provisions.

Article 42, the relevant organs and organizations that receive credit rehabilitation shall verify the applicant's changes within 20 working days of the date of receipt of the request for credit rehabilitation, and provide credit rehabilitation for the required corrective actions.

The relevant organs and organizations that receive credit rehabilitation decisions should be submitted to the same level of public credit work authority or to the higher-level industry authorities, while the recovery process will be communicated to the applicant and the accompanying public credit information authorities.

Article 43 XIII considers that public credit information disclosed by public credit information authorities is incompatible with the facts or may be disclosed in accordance with the relevant laws, regulations and regulations.

Article 44, after having received a request for objections from the public credit information authorities, should be verified within three working days, which should be corrected immediately as a result of errors of work and communicated to the applicant within two working days.

The public credit information authorities should inform the relevant bodies and organizations that provided the information. The authorities and organizations concerned have responded to the verification results of corrections within 20 working days from the date of receipt of the verification notice, which shall be communicated to the applicant within two working days.

The disclosure of the objection information should be suspended during the processing of the application by the public credit information authorities. The public credit information authorities should be deleted and the reasons for deletion are indicated.

The authorities and organizations concerned should find changes in credit information, invalidity or error, and communicate the revised credit information to the public credit information authorities within seven working days of the date of the amendment, and the public credit information authorities should corrections or delete the information within seven working days.

The authorities and organizations concerned do not verify the information of objections in accordance with the provisions and communicate the results to the public credit information authorities, which are no longer available to the society.

Chapter VI Legal responsibility

Article 46 concerned bodies and organizations that have not submitted public credit information in accordance with this approach, which is written by the relevant superior authorities. The reports are still not requested and are criticized by their authorities.

The sub-prime public credit information system platform does not submit public credit information to the superior public credit information system in accordance with this approach, which is presented in writing by the top-level public credit information authorities. The reminders are still not required and are criticized by the same-ranking people's Government.

Article 47 provides that public credit information authorities, relevant authorities and organizations are criticized by the same-level people when disclosure of public credit information is contrary to the provisions of this approach; in the case of serious circumstances, the executive inspectorate has been treated in accordance with the law by law with respect to the competent and other persons directly responsible.

Article 48 of the public credit information authorities, relevant bodies and organizations and their staff members, in violation of this approach in the management of public credit information, which is one of the following cases by the competent authority or administrative inspection services; in the case of serious circumstances, by the law of the competent person directly responsible and other persons directly responsible;

(i) The collection of public credit information by improper means;

(ii) Restructuring and constructing public credit information;

(iii) Disclosure or disclosure of public credit information in violation of the provisions;

(iv) The information on objections is not dealt with and answered in accordance with the provisions.

Chapter VII

Article 49 of this approach is implemented effective 1 August 2015.