State Council General Office Letter on the Work Plan on Government Departments Collection and Disclosure of Enterprises’ Information
Guobanhan 〔2016〕no. 74
General Administration of Industry and Commerce:
Your Bureau’s request for instruction on the “Work Plan on Government Departments Collection and Disclosure of Enterprises’ Information” has been received.With the approval of the State Council, the present Letter replies as follows:
1. The State Council agrees to the Work Plan on Government Departments Collection and Disclosure of Enterprises’ Information (hereinafter referred to as the “Plan”).
2. People’s Governments in provinces, autonomous regions, and municipalities shall earnestly strengthen the organizational leadership on implementation of the Plan. They shall, in accordance with specific work plans enacted locally, gradually implement work objectives and tasks, and provide policy and financial protection, to ensure that by the end of 2016 the unified collection of enterprises’ information by government departments, it record in enterprises’ name and lawful disclosure are initially achieved.
3. Relevant departments of the State Council shall, according to their division of functions, strengthen the guidance, support and coordination of the implementation of the Plan and study the problems arising in the implementation of the Plan in a timely manner and jointly implement each one of the various tasks of the Plan.The general Administration of Industry and Commerce is responsible for issuing “the standard of Information aggregation format of government departments”, regularly summarizing and releasing the catalogue of Government-related information collection resources and supervising the implementation of the scheme with relevant departments, and for reporting to the State Council in a timely manner.
State Council General Office
August 8, 2016
Work Plan on Government Departments Collection and Disclosure of Enterprises’ Information
In order to do a good work of government departments’ collection and disclosure of enterprises’ information, the present Plan (hereinafter referred to as Plan”) is formulated with the approval of the State Council.
I. Basic Principles
(1) Unified collection.All regions, and relevant departments where information produced during the lawful exercise of their functions shall be publicized, shall provide such information through effective information means to administrations for industry and commerce, market supervision department (hereinafter referred to as the industry and commerce departments), to be collected by industry and commerce departments under the name of enterprises on the National Enterprises Credit Information Publicity System (hereinafter the Publicity System).
(2) Timeliness and accuracy.All regions and relevant departments shall, in accordance with requests posed by the provisions of the Provisional Regulations on the Publicity of Enterprises Information on the time limits for information publicity, provide enterprise information to industry and commerce departments in a timely manner. They shall establish a dynamic update Catalogue of Enterprise Information Collected by Government Departments, clarify the specific content of collection by each region and each relevant department, and establish a data comparison mechanism, to ensure that the information provides is accurate and comprehensive.
(3) Sharing.Encourage and support all regions and relevant departments use information recorded under enterprises name in the Publicity System, fully use the value of data, promote the coordination of supervision and credit constraints.
2. Work Objectives
Rely on the Publicity System, make full use of the National Credit Information Sharing platform and local sharing platforms, establish a work mechanism where the system is complete, responsibility is clear, [operations are] efficient and smooth, and supervision is strong. Information produced by each region and relevant department, and collected under the name of an enterprise shall be lawfully disclosed to the public in a comprehensive, timely, and precise way.
3. Content of Collection
Government information related to enterprises refers to enterprise information which shall be lawfully disclosed, including: enterprise registration records, chattel mortgage bonds registration, registration of share pledges, registration of intellectual property rights, trademark registration, administrative license, administrative punishments, the inclusion on the list of business anomalies and serious violations of the law by enterprises (“Blacklist”), random inspection results, and other enterprise information to be lawfully disclosed (information about results of statistical checks, except those in the enterprises annual statistical report).
The above-mentioned enterprise information shall be collected according to the requirements of the Catalogue of Enterprise Information Items Collected by Government Departments and the Information Collection Resources and the Criteria of Information Collection by Government Departments
4. Channels and Methods of Collection
All regions and relevant departments shall transmit information produced or collected by the same level region or department to the same level industry and commerce department, through the government extranet, the internet, or another information trasmission method, according to the level of informatisation of the region or department . Enterprise information can be transmitted to the industry and commerce departmments at the corresponding level also through their own information channels. Industry and commerce department will transfer the enterprise information collected by other government departments through their own information system to the industry and commerce department where the enterprise is registered, and record it under the enterprise’s name. The main paths and methods are as follows:
(1) government departments at all levels shall provide the information produced by them on enterprises registered within their jurisdiction to the industry and commerce departments at the same level. Relying on the Publicity System and using basic enterprise information as a criteria, industry and commerce departments shall record information in the name of enterprises, according to enterprises’ name, registration number, and their unified social credit code.
(2) Where government departments making decisions for an enterprise and the enterprise are not in the same administrative area, relevant government departments may directly provide the information to the same level industry and commerce department, to be transmitted by the industry and commerce department to the industry and commerce department where the enterprise is registered. The relevant industry and commerce department can also transmit information through its own information system to the information system of the department where the enterprise is registered, in order for the information to be provided to the same level industry and commerce department, and be recorded in the name of the enterprise.
(3) Where government departments making decisions for an enterprise and the enterprise are not on the same administrative level, the government department that made the decision may provide the information through its own information system to the system of the same-level department where the enterprise is registered, in order for the information to be provided to the same level industry and commerce department, and be recorded in the name of the enterprise.
(4) Where government departments making decisions for an enterprise do not have a corresponding same-level institution that registered the enterprise within their own system, the government department that made the decision shall transmit information to the same-level institution belonging to the system closest to the one where the enterprise was registered. The said institution shall transmit information to the same level industry and commerce department, to be transmitted by the industry and commerce department through internal channels to the industry and commerce department where the enterprise is registered, and be recorded in the name of the enterprise.
(5) Government departments that have realized centralized storage and management of enterprises information can choose to provide the centralized enterprise information to the same level industry and commerce department, according to the different enterprise registration address, to be transmitted by the industry and commerce department through internal channels of the industry and commerce department where the enterprise is registered, and be recorded in the name of the enterprise.
(6) Local governments that have already or have partially realized the collection of enterprise information within their respective administrative areas, and are planning to further promote relevant work, and where changing the method of information collection in accordance with the “Plan” would result in high costs, may continue to collect information according to the current method, and they shall transmit aggregate information to the same level industry and commerce department, to be transmitted by the industry and commerce department through internal channels to the industry and commerce department where the enterprise is registered, and be recorded in the name of the enterprise.
In the process of enterprise information collection and sharing, existing resources shall be fully utilized for all information that can be exchanged through the national or local credit information sharing platforms, in order to avoid duplications in construction and in collection.Where the functional requirements of the Publicity System cannot be realized through the above-mentioned methods, effective information means shall be adopted to guarantee them.Information recorded in the name of an enterprise is timely transmitted by industry and commerce departments to the National Credit Information Sharing Platform and to the “Credit China” website, and it is dynamically updated.The contents and methods of information collection on industrial and commercial households and farmers’ specialized cooperatives are implemented taking the present Plan as a reference.
5. Use of enterprise Information
(1) Enterprise information publicity.All regions and relevant departments shall, in accordance with provisions of the Interim Regulations on the Publicity of Enterprises Information, provide lawfully collected enterprise information to industry and commerce departments within 7 working days from the date when information was produced. Industry and commerce departments shall disclose such information in the name of the enterprise within 20 working days (included the 7 working days in which all regions and relevant departments provide aggregate information to industry and commerce departments), and they shall timely exchange it with the National Credit Information Sharing Platform.
(2) Enterprise Information Sharing.Establish and perfect the mechanism of information sharing among departments, rely on publicity systems. Industry and commerce departments shall complete the “double information” work during enterprise registration. Government departments at all levels may obtain information recorded in the name of the enterprise from the Disclosure System, and they may also conduct the delivery of such information at the same level through industry and commerce department, using relevant credit information sharing platforms, in order to establish a basis for coordinated inter-departmental supervision. Establish a consultative mechanism for the exchange of information between government departments and enterprises, to timely solve problems in the exchange and use of information.
(3) Enterprise Information Services.Enterprises’ information resources shall be publicly disclosed, with the goal to reduce the cost of social transactions.Optimize search engine functions, develop convenient query tools to conduct a variety of conditional fuzzy query, cross-regional data association queries, in order to to guide the interests of stakeholders, consumers, news media querying and using enterprise information, and place market and social constraints on [enterprises] which break trust.Expand the application of enterprise information to the field of public service, encourage all parties to use publicity data to develop compliance derivative products.Explore the use of big data, cloud computing and other modern information technologies. Integrate those to form data descriptions from each social sector on different aspects of the same enterprise, and provide effective means to maintain the healthy development of the market.
6. Work Responsibilities
(1) People’s Governments in provinces, autonomous regions and municipalities shall, in accordance with the Interim Regulations on the Publicity of Enterprises ‘ information and the Opinions of the State Council on Strengthening Ex-Durante, Ex-Post Supervision After the Reform of “Business Licence First and Regulatory Licence Later” (Guofa  no. 62) bear responsibility for the work of disclosing information collected on enterprises within their administrative aread. Under the unified deployment of the State Council, according to the construction of the National Social Credit Information Platform construction and the general requirements of the “Program” they shall build enterprise credit information publicity systems in their administrative area. They shall formulate and implement plans, establish a clear division of labor, a clera responsibility, strong work mechanisms for supervision, and urge relevant government departments to realize the timely, accurate, unified collection and disclosure of enterprise information according to their collection channels..People’s governments below the provincial level are responsible for the work of disclosing information collected on enterprises registered at their level.
(2) Government departments at all levels should rely on existing conditions, they should conduct data collection on enterprises according to the principle of “responsibility of those who produce, and who provide [data]”. They should bear responsibility for the authenticity of information, its accuracy, and timeliness. They should strengthen the information system construction, and take the construction of the disclosure system as an opportunity to enhance the system information level, and realise the unhindered collection and sharing of information.
(3) Industry and commerce departments shall do a good job of planning the construction of publicity systems, optimize its design, earnestly improve services to coordinate information collection and information disclosure, and work such as sharing information via the internet, and technical support. The general Administration for Industry and Commerce is responsible for issuing the standard of the collection format of Government department-related information, and regularly publishes the catalogue of government-related enterprise information resources.
7. Safeguard Measures
(1) Strengthening Organizational Leadership.All regions and relevant departments should attach great importance to the meaning of the publicity of information collected on enterprises. In accordance with the unified deployment of the “Plan”, they shall establish organizational leadership institutions, formulate implementation plans, clarify the responsibility of main bodies, divide work tasks, and strengthen supervision to ensure that work is solidly performed.
(2) Strengthen Financial Protection.Local governments should actively support the unified collection and publicity of enterprise information by all departments, and provide policy and financial guarantees.
(3) Establish a long-term mechanism.All regions and relevant departments shall establish and improve the data quality assessment and inspection mechanism, carry out regular data quality inspection, perform well the processing of data, their audit and evaluation, to ensure their integrity, authenticity and accuracy.Establish and improve the use of data management mechanisms, clarify the use of management responsibilities, personnel, permissions, and processes, and gradually realize a scientific, standardized, and regularizes use of data.
(4) Strengthen supervision.The General Administration for industry and Commerce shall, in conjunction with the relevant departments, carry out supervision on the implementation of work, establish a work verification mechanism and timely inform regional and relevant departments of the implementation of work. At the same time, it shall pay attention to develop third party evaluation, perform third party evaluation based on information disclosed, and disclose information to the public.Audit departments shall lawfully strengthen the follow-up audit of implementation of the work.