Measures for the Use and Operation of the National Enterprise Credit Information Publicity System (For Trial Implementation)

Notice of the State Administration for Industry and Commerce Issuing the Measures for the Use and Operation of the National Enterprise Credit Information Publicity System (For Trial Implementation)

Gongshan Banzi (2017) No. 104

To all provinces, autonomous regions, municipalities, and municipal administrations for industry and commerce, market supervision and management departments:

  In order to standardize the use, operation and management of the National Enterprise Credit Information Publicity System, give full play to its role in serving the public and strengthening the post facto supervision, in order to promote the construction of a Social Credit System, on the basis of extensive research and in-depth analysis, the State Administration drafted the “Measures for the Use and Operation of the National Enterprise Credit Information Publicity System (For Trial Implementation)”, herewith issued, please comply with its implementation.

State Administration for Industry and Commerce

June 27, 2017

  

Measures for the Use and Operation of the

  National Enterprise Credit Information Publicity System

(For Trial Implementation)

  Chapter 1. General Principles

  Article 1. The present Measures are enacted according to the ‘Provisional Regulations on Enterprise Publicity’ and to the ‘Implementing Measures on the Work of Unified Collection and Publicity of Enterprise Information by Government Departments’ to standardize the National Enterprise Credit Information Publicity System (hereinafter referred to as “Publicity System”) use, operation and management, give full play to its role in the service of the public, strengthen ex post and ex durante supervision, and promote the construction of a social credit system.

  Article 2. The present Measures shall apply to the use, operation and management of the Publicity System.

  Article 3. The Publicity System is the state’s enterprise information collection and publicity platform. It is the statutory platform where enterprises submit and publicize their annual report and real-time information. It is the platform where administrations for industry and commerce, market supervision departments (hereinafter referred to as industry and commerce departments) implement online monitoring platform. It is the platform where government departments conduct collaborative supervision

  The Publicity Systems deployed by the centre and all provinces (district, city, are hereinafter referred to as the provincial level), and the provincial level Publicity Systems are a part of the Publicity System.

  Article 4. The use, operation and management of the Publicity System shall follow the principles of scientificity, reasonableness, lawfulness, safety and efficiency, and it shall ensure the normal operation of the Publicity System.

  Article 5. The State Administration for Industry and Commerce (hereinafter referred to as the State Administration) is responsible for organizing the coordination of the use and management of the Publicity System, defining systems and concrete implementation work.Provincial departments for industry and commerce are responsible for organizing the coordination of the use and management of the Publicity System, defining systems and the concrete implementation work within their jurisdiction.

  Article 6. The State Administration and provincial departments for industry and commerce, and enterprises supervision institutions are responsible for the overall coordination of the use, operation, and management of the Publicity System, for researching and defining professional regulations on as well as for supervising the implementation of management systems such as information collection and publicity, sharing of information, operational security. Information management institutions are responsible for the Publicity System’s data management, security and operation, its maintenance, as well as for the work of technical specification and for determining relevant technical standards.

  Chapter II. information Collection and Publicity

  Article 7. Departments for industry and commerce shall aggregate information produced on enterprises that has been generated while fulfilling their duties. Information shall be publicized in accordance with the law on the Publicity System within the prescribed time.

  Article 8. Departments for industry and commerce shall, through methods such as online input, batch import and data interface, guarantee to other government departments that information on enterprises which should be publicized according to the law within the prescribed time shall be provided to the Publicity System.

  Departments for industry and commerce at all levels shall be responsible for organizing and coordinating other government departments in providing information relevant to enterprises according to the law. Information management institutions are responsible for the technical realization of information related to enterprises collected by other government departments.

  Article 9. Departments for industry and commerce at all levels shall be responsible for recording information concerning enterprises registered within their jurisdiction under the name of the enterprises.

  Article 10. The State Administration for Industry and Commerce shall publish the “Catalogue of government-related information collection resources” on a regular basis and formulate the “Code for government organs’ collection of information concerning enterprises”. Industry and commerce departments at all levels shall collect information according to those standards.

  Provincial departments for industry and commerce shall promptly transmit information collected to the General Administration within the prescribed time.Aggregated information shall be consistent with the information published on the Publicity System in their jurisdiction.

  Article 11. Departments for industry and commerce shall publish on the Publicity System within the prescribed time information about enterprises that has been generated while fulfilling their duties, and information relevant to enterprises that has been collected and recorded under the name of the enterprise by other government departments.

  If public information about enterprise relates to state secret, national security or to the social public interest, its release shall be approved by the competent administrative department for secrecy, or by state security institutions.Where public information about enterprises published by governments at or above the country level relates to commercial secret or to personal privacy, its release shall be approved by the superior departments in charge.

  Article 12. Information about enterprises collected on the Publicity System shall be provided according to the principle of ‘those who produce and provide information are responsible’, and the party producing information shall bear responsibility of the lawfulness, truthfulness, completeness and timeliness of the information provided.

  Chapter III Information Sharing and Use

  Article 13. On the Publicity System, departments for industry and commerce shall provide data support to the information system of market supervision departments through methods such as online searches, data interface, and batch export, and they shall provide services to enable other government departments to obtain information.

  Article 14. Departments for industry and commerce shall, in accordance with the law, disclose and publicize information resources about enterprises, and encourages all parties to lawfully use enterprise information to promote a shared social governance.

  While opening the Publicity System to the collection of information about enterprises within their jurisdiction, which should be disclosed, departments for industry and commerce at all levels must complete the approval procedure. While opening the Publicity System to the collection of information about enterprises outside of their jurisdiction, they shall obtain the approval of departments for industry and commerce at the next higher level.

  Article 15. Departments for industry and commerce at all levels, while fulfilling their duties, shall use the Publicity System to carry out credit supervision, and other work such as big data analyses.

  Article 16. Departments for industry and commerce at all levels shall use the Publicity System to exchange information on clues about cases, warning about market supervision risks, and they shall also carry out cooperative supervision work such as the ‘Two Random Inspections and the One Public’.

  Article 17. Departments for industry and commerce shall, according to the law or by request, transmit negative information recorded in the name of the enterprise to the relevant government departments and other organizations, in order to provide data support to them during government procurement, tenders of public contracts, the transfer of state-owned land, as well as such works as the award of honorary titles.

  Article 18. Departments for industry and commerce shall provide relevant technical conditions for the wide use of the Publicity System by all parties in society, and broaden the use of enterprise information in the field of public services.

  Chapter IV. System’s Operation and Guarantee

  Article 19. The State Administration for Industry and Commerce is responsible for the construction of the central Publicity System.Provincial departments for industry and commerce shall, in accordance with the technical specifications established by the State Administration for Industry and Commerce, unify the Publicity Systems in their jurisdiction.

  Provincial departments for industry and commerce shall, in accordance with the ‘principle of combining unity and opennes’ add functional modules or add relevant functions to functional models within the specified time, to the collaborative supervision platform of the Publicity System of their own jurisdiction.

  Article 20. The State Administration for Industry and Commerce and provincial departments for industry and commerce shall be responsible for the daily operation and maintenance of the publicity system.

  Article 21. The State Administration for Industry and Commerce shall be responsible for the use of the Publicity System in all departments of the State Council and in provincial departments for industry and commerce. Provincial departments for industry and commerce shall be responsible for the use of the Publicity System in all departments of governments within their jurisdiction, and in departments for industry and commerce at all levels.

  Article 22. The State Administration for Industry and Commerce and provincial departments for industry and commerce shall, in accordance with the requirements about the technical demands of third-level information systems, of the security level protection of information systems (GB/T 22239-2008), establish a system to manage the security of the Publicity System, implement safety measures, strengthen daily operational monitoring and do a good work of safety protection.

  Article 23. The State Administration for Industry and Commerce shall be responsible for the establishment of systems, standards and norms on the data on the Publicity System to carry. It shall be responsible for carrying out data quality monitoring, inspection and evaluation, and regularly publishing information on the data quality assessment. Provincial departments for industry and commerce departments are responsible for the monitoring of the data quality of the Publicity System, the tracing of problematic data, their check, correction, and feedback. Problematic data on the Publicity System discovered by the State Administration shall be promptly handled and updated.

  Article 24. Where other government departments have objections about enterprise information published in the name of an enterprise, relevant information is provided by the industrial and commercial department responsible for recording information in the name of the enterprise for processing to the relevant department, and it is promptly transmitted to the Publicity System after having been processed.

  Objections about other information will be handled according to stipulations of the Interim Regulations on Enterprise Information Publicity.

  Article 25. The State Administration for industry and Commerce shall be responsible for setting up inspection methods and standards for the operation and management of the Publicity System, and for organizing the assessment of provincial departments for industry and commerce.

  Provincial departments for industry and commerce are responsible for organizing the work of assessing the use of publicity systems at all levels within their jurisdiction.

  Chapter V. Accountability

  Article 26. Where departments for industry and commerce and their staff at all levels, during the use or management of the Publicity System violate the present Measures thereby causing the information to be untrue, inaccurate, not timely, or use the advantages of their post to use the Publicity System in violation of the law thereby infringing upon the lawful rights and interests of enterprises, and the circumstances are grave or undesirable consequences arise, they shall be held responsible in accordance with the law.

  Article 27. Where citizens, legal persons or other organizations illegally acquire or modify information in the Publicity System, they shall be held responsible.

  Chapter 8. Supplementary Provisions

  Article 28. The work of collecting, publicizing and sharing information about individual industrial and commercial households and rural professional cooperatives through the Publicity System shall take place using the present Measures as a reference.

  Article 29. The present Measures shall be interpreted by the State Administration for Industry and Commerce.

  Article 30. The present Measures shall go into effect as of the date of promulgation.

 

While useful for academic analyses, the English version of the document presented in this post is not legally valid before Chinese courts, and administrative agencies. Readers interested in the official version of this document are encouraged to consult the official website of the State Administration for Industry and Commerce, where these Measures were first posted. This translation is offered ‘as it is’, and for reference only.  All rights on this work belong to the Foundation for Law and International Affairs and to The Coalition for Peace and Ethics. Reproduction of this work is not allowed in any form without prior written consent.  Please consult this Blog’s Terms and Conditions.

Leave a Reply

Your email address will not be published. Required fields are marked *