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The Measures of Tianjin Municipality for the Management of Credit Information of Market Subjects

新闻日期: 2016-01-12    文章来源:

The People’s Government of Tianjin  Municipality

Decree No. 24

 

The Measures of Tianjin Municipality for the Management of Credit Information of Market Subjects was adopted by the 60th Executive meeting of the Municipal People’s Government and is hereby promulgated. These Measures shall take effect as of January 1, 2016.

 

Mayor Huang Xingguo

Tianjin Municipal People’s Government

November 20, 2015

 

The Measures of Tianjin Municipality for the Management of Credit Information of Market Subjects

 

Chapter I General Provisions

Article 1  These Measures are enacted in accordance with pertinent laws and regulations and in light of the actual condition of this Municipality with the purpose of ensure fair competition, promoting honesty and self-discipline of market subjects, regulating the announcement of the information of the market subjects, reinforcing the credit restraint of market subjects, raising the efficiency of governmental monitor and administration, expanding social supervision.

Article 2  These Measures apply to the collection, announcement, use and management of the credit information of market subjects within this Municipality.

Article 3  For the purpose of these Measures, the term market subjects means enterprises of all types and their branches, individual industrial and commercial households, farmers’ specialized cooperatives and other economic entities that are registered in this Municipality in accordance with law.

Article 4 For the purpose of these Measures, the term credit information of market subjects means the information that are collected by the administrative departments in fulfilling their law enforcement duties in accordance with law that are capable of reflecting the conditions of market subjects and the information that are accumulated by market subjects in conducting production and business.

Article 5 The activities involving the collection, announcement, use and administration of the credit information of market subjects shall stick to the principle of lawfulness, fairness, objectivity and timeliness and the state, commercial secrets and privacy shall be protected.

Article 6  The Municipal, district and county people’s governments shall reinforce the organization and leadership of the work of administration of credit information of market subjects.

The Municipal market monitoring department shall be in charge of the pushing forward and administration of the work of administration of credit information of market subjects, setting up a sound system for the administration of credit information of market subjects, the establishment of the public announcement system for credit information of market subjects and its daily maintenance, calling together relevant departments in discussing and solving major problems cropping up in the administration of credit information of market subjects.

Article 7  The Municipal, district and county administrative department shall be in charge of sorting out and registering the credit information of markets subjects produced by the said department, and the Municipal administrative department shall collect all the information and place it in the Tianjin Municipal Public Announcement System for credit information of market subjects ( hereinafter referred to as the credit information public announcement system.)

The Municipal administrative department shall set up a system for administering the credit information of market subjects by which to administer the work regarding credit information of market subjects and to check on and verify the data.

Article 8  The administrative department and the market subject shall be held responsible for the completeness, accuracy and truthfulness of the credit information they announce publicly.

The administrative department shall ensure that the credit information it sorts out, registers, collects and announces are identical with the credit information it collects in the process of performing its duties and guarantees the quality of the data in accordance with the requirements for data standardization.
The market subjects shall submit and announce the credit information in a timely manner with accuracy, truthfulness and lawfulness, and be held responsible legally for the errors, incompleteness, in the submission and announcement.

Article 9  The credit information of market subjects shall be, via the credit information announcement system, made public to society and citizens, artificial persons or other organizations may make inquiries about the data free of charge.

 

Chapter II  Collection of Credit Information

Article 10  The administrative department shall, in accordance with the list of credit information of market subject and the requirements of data standardization, collect credit information of market subjects.

The list of credit information of market subjects shall be compiled by the related Municipal administrative departments and discussed, examined and approved by the Municipal market monitoring department in collaboration with the related departments.

Article 11  The administrative departments shall share the credit information of market subjects and one department may require other administrative department for the information when needs arise. The other administrative department shall provide the information in a timely manner and give an explanation when it fails to provide the information required.

Article 12  The credit information of market subjects that the Municipal administrative department collects includes, among others:

1.       The subject registration information, i.e., the information regarding the establishemen, change and termination of a market subject;

2.       Administrative license information. i.e., the information regarding the administrative department, examines an application by citizens, artificial persons or other organizations, gives permit to, in accordance with law, the establishment of a market subject and their conduct of relevant economic activities;

3.       Administrative punishment information, i.e., the information regarding penalties imposed on a market subject for its illegal acts;

4.       Achievement information, i.e., the information regarding the praises the market subject wins at the state and provincial level;

5.       Other information, i.e., the information regarding the relevant information filed on the record or administrative recognition that the Municipal administrative department deems it necessary to share or announce to the public.

Article 13  The administrative department shall timely sort out, register, collect the new or changed credit information of market subjects and announce it within 20 workdays to the public via the public announcement system.

Article 14 The market subject shall submit an annual report every year between January 1 and June 30 to the market monitoring department via a public announcement system for credit information and announce it to the public.

The market subject that is established and registered during the year shall submit the annual report starting from the following year.

Article 15 The market subject shall announce the following information within 20 workdays since the formation of the information via the public announcement system for credit information:

1.       The information regarding the amount of subscribed capital contribution and paid in capital contribution, the time and manner of capital contribution by the shareholders or the initiator of a company limited;

2.       the information regarding the transfer of shares by any shareholder of a company limited or other information involving the change of shares;

3.       The information regarding acquisition, change or prolonging of administrative license;

4.       The information regarding registration of intellectual property as mortgage;

5.       information regarding administrative penalties;

6.       Other information that shall be announced in accordance with law.

Article 16  Where a market subject finds inaccuracy in the credit information submitted or announced, it shall make corrections immediately. The changes to be made to the market subject’s annual report shall be completed prior to June 30 every year. Where a market subject makes changes to the credit information it shall announce the changed credit information and states the time and reason for the changes.

 

Chapter III  Announcement of Credit Information

Article 17  The administrative department and the market subject shall, in accordance with state and Municipal regulations, announce the credit information regarding fulfillment of legal duties and responsibilities and production and operation via the public announcement system in a timely manner.

Article 18 The announcement of credit information regarding the registration, files for administrative record and administrative license shall continue until the time when the market subject terminates. The duration of announcement for information regarding administrative penalties, administrative recognition and achievement shall last for three years. Where it is stated otherwise in laws, regulations and rules, these laws, regulations and rules shall prevail.

Article 19  Citizens, artificial persons and other organizations may use the credit information announced in accordance with law.

Citizens, artificial persons and other organizations may make inquiries into the credit information the market subject chooses not to disclose at the consent of the said market subject.

Article 20  Where the market subject deems incorrect the credit information regarding itself announced by the administrative department, it may point out to the Municipal administrative department that has made the announcement and provide relevant documents. The administrative department shall make a reply in writing to the applicant within 20 workdays.

Where the administrative department is positive that errors exist in the credit information, it shall make corrections within 5 workdays.

Article 21  Where a market subject fails to announce its credit information according to relevant regulations or conceals, falsifies facts concerning its credit information, the market monitoring department shall put it into the list of abnormal entity or mark it by abnormal operation and announce it to the public via the public announcement system to alert it to fulfill the announcement obligation.

Where a market subject listed as an abnormal entity or marked with abnormal operations, it

shall be removed from the list of abnormal entity or unmarked of abnormal operation where it operates within the limits of law and fulfills its obligation pledged in the credit information announcement abiding by these Measures with three years in a row.

Article 22  Where a market subject listed as an abnormal entity fails continuously to fulfill its obligation as pledged in the credit information announcement abiding by these measures in three years, the Municipal market monitoring department shall put it into the list of market subjects with serious violation of law and announce to the public via the public announcement system. The legal representative, responsible person of such market subject shall not assume the position of legal representative or responsible person in another market subject within 3 years.

Where a market subject in the list of market subjects with serious violation of law discontinues the practice of failure to act on the announcement of credit information and concealment of actual facts or falsification for 5 years from the date on which it was listed , the Municipal market monitoring department shall remove it from the list of market subjects with serious violation of law.

Article 23  The administrative department shall supervise and check up the announcement of credit information made by market subjects.

Where administrative department inspects, the market subject shall render active cooperation, answer inquiries, provide a truthful picture and give relevant documents. Where a market subject refuses to cooperate, it shall be announced via the public announcement system.

 

Article IV  Use of the Credit Information

 

Article 24  The Municipal, district and county people’s government and the relevant departments under it shall take the credit information as a major factor to consider in the work of operation, invenstment and financing, acquisition of government supplied land, import and export, entry and exit, register a new company, invitation to bid and bidding, government procurement, winning of honor, safety permit, operating permit, employment qualification, qualification examination, monitoring and check up.

 

    Article 25  This Municipality sets up credit stimulus and punishment system involving many departments and implements a whole process credit restraining system from entry to exit by giving green lights to the  market subjects with good credit and obstruct the market subjects that loses credits. This Municipality implements punitive measures such as restraining or prohibiting the market entry on the market subjects with bad credit including those put on the operation abnormal list, on serious violation of law list and major taxation violation list.

Article 26  This Municipality categorizes credits of market subjects into four levels, based on the credit risk, e.g., fine, alert, credit loss and serious credit loss, and marks each level with a different color and announce it to the public.

The administrative department shall, in accordance with the credit risk level, duties and responsibilities for monitoring and other classifications decided by laws, regulations and rules, monitor market subjects by the level.

Where a market subject scores great achievements, the related department shall upgrade its credit risk level.

Article 27  The Municipal, district and county people’s government shall set up a joint random inspection system on market subjects and make detailed implementation measures so as to reinforce the organization and leadership of the joint random inspection.

The Municipal market monitoring department shall, based on the category of credit risk and in compliance with the principle of fairness and standardization, choose the subject for inspection and the inspectors by random sampling. The district and county market monitoring department shall organize multi-department joint inspection on the target of inspection by the inspectors chosen by the Municipal market monitoring department.

The administrative departments at all levels shall reinforce the intensity of inspection on the market subjects that are targeted with many complaints and tip-offs, or are on the list of abnormal operation, or with a record of serious violation of law and regulations.

The administrative departments of all levels shall carry out day to day law enforcement, inspection and checkup, on market subjects in the fields of mining and prospecting, construction, fire, production and sale of hazardous chemicals, road transport safety, food safety, specialized equipment and environmental protection that have a direct impact on personal and property safety and the fields of public safety, where the random check joint inspection system is not appropriate.

Article 28  The administrative department shall use the credit information of market subjects in accordance with law and regulations, the credit information of market subjects acquired via the credit information public announcement system shall not be used in other ways than is stated in these Measures unless such use is authorized by law, regulations and rules. None of the administrative department can announce any information collected, stored, managed and statistical analysed by other administrative departments.

 

Chapter V Legal Liabilities

 

Article 29  Where an administrative department or any of its functionaries commits the following acts in the management of the credit information of market subjects, the competent department of the next higher level may criticize it or him by a circular; where a negative impact on society is produced or major loss is caused on the market subject, the competent department of the next higher level shall handle it in accordance with law; where the circumstances are serious,   the chief responsible person shall be given sanction; where a crime is constituted, it or he shall be investigated for criminal responsibilities.

(1)       Failure to collect the credit information of the market subject in time;

(2)       Errors, incompleteness of the credit information of the market subject which cause diverse impact, due to mistakes in work;

(3)       Collecting the credit information of market subjects through unjust measures;

(4)       Altering, fabricating the credit information of market subjects;

(5)       Exposing or leaking the credit information of market subjects in violation of regulations;

(6)       Failure to respond to the request of the market subject regarding the incorrectness of the information or failure to correct the mistakes in the credit information of market subjects that are mistaken or incomplete;

(7)       Illegal use of the credit information of market subjects for commercial activities;

(8)       Announcing the credit information collected, stored, managed, and statistical analyzed by others than the department itself;

Article 30  Where the market subject commits any of the following acts, the relevant administrative department shall order it or him to make corrections before a deadline and investigate it or him for legal responsibilities in accordance with the provisions of pertinent laws and regulations.

(1)       Failure to announce the credit information, or fabricating, making an incomplete report of or delaying in reporting the credit information as required;

(2)       Altering illegally the credit information to be announced;

(3)       Failure to make corrections to the announced credit information in time as demanded by the administrative department.

Article 31  Where a citizen, legal person or other organizations obtain through illegal means the credit information of others, or use the obtained credit information of others in an illegal way, the related department shall investigate him for legal responsibilities in accordance with the provisions of laws and regulations.

 

Chapter VI  Supplementary Provisions

 

Article 32  The work done by the administrative department in terms of  the announcement of the credit information of market subjects shall be incorporated in the evaluation system for achievement and efficiency of the governmental departments;

Article 33 These Measures shall apply to the organizations authorized by law and regulation with the duty and function of administrating public affairs in collecting, announcing, using and managing the relevant credit information of market subjects.

Article 34  These Measures shall take effect as of January 1, 2016.

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