SAIC Notice on Strengthening the Use and Management of the National Enterprise Credit Information Publicity System
SAIC Enteprise Supervision Document no. 25〔2018〕
To all provinces, autonomous regions, municipalities, and municipal administrations for industry and commerce, market supervision and management departments:
Since the formal launch of the National Enterprise Credit Information Publicity System (hereinafter referred to as the publicity system), industry and commerce departments, and market supervision departments all over the country have taken the lead in promoting the unified collection, public disclosure and sharing of enterprise information in accordance with the unified deployment of SAIC. They have relied on the publicity system to strengthen ex durante and ex post supervision, diligently upgrading the level of modernization of the capacity to supervise and govern the market, achieving remarkable results. In order to strengthen the use and management of the publicity system and ensure its safe, stable and efficient operations, bring into full play to the fundamental role of the publicity system in supporting the reform of the commercial system and the reform to delegate power, streamline administration and optimize government services, the following relevant issues are hereby notified to you as follows:
I. Fully understand the major significance of strengthening the use and management of the information publicity system
The information publicity system is a state-level enterprise credit information publicity platform approved by the State Council and a statutory platform where enterprises disclose annual reports and instant information. It is a platform the public uses to query enterprise credit information. It is a work platform for government departments at all levels to implement coordinated supervision and joint punishments. It is an operational platform for industry and commerce, market supervision departments at all levels to conduct ex durante and ex post supervision.
Strengthening the use and management of the publicity system is a pragmatic measure to speed up the construction of a social credit system. It is an effective support for establishing and perfecting scientific decision-making and social governance mechanisms through big data. It is of advantage to improving credit constraint mechanisms, standardizing business operations and enhancing the scientific nature, accuracy, and timeliness of ex durante and ex post supervision. IT will be of help in solving such issues as a lack of law enforcemente resources at the grassroots level, a lack of precision in law enforcement, a lack of awareness of corporate integrity and self-regulation. It will be of great significance to innovating market regulatory mechanisms and creating a sound business environment.
All local industry and commerce, market supervision departments shall fully understand the importance and urgency of strengthening the use and management of the publicity system. They will strengthen the use and management of the publicity system as an innovative supervision mechanism, deepen the reform of the commercial system and create a good business environment. They shall concurrently adopt several measures, solidly progress, and provide a stronger support to an intensified ex durante and ex post supervision.
II. Correctly grasp the major tasks in strengthening the use and management of the information publicity system
In accordance with the general requirements of “collection through one network and use by three parties”, the overall use and scientific management of the publicity system should be promoted in a down-to-earth manner.”Collection through one network” refers to relying on a unified network platform for enterprise credit information, and realizing the unified collection and disclosure by government departments of information related to enterprises, enterprises’ annual reports and public information. “Use by three parties” refers to serving enterprises in actively accepting supervision from society, accumulating credit, receiving more credit dividends; serving government departments at all levels in sharing information related to enterprises, realizing work linkages, and improving their governance level; serving the public in inquiring about and reaching judgments about enterprises’ credit and their credit status, reducing institutional transaction costs, and advoiding transactional risks.
1. Promptly and comprehensively collect information related to enterprises, promote the formation of an accurate corporate credit portrait. Improve government departments’ work mechanisms to collect information related to enterprises; give full play to the lead role of industrial and commercial, market supervision departments; comprehensively collect information related to enterprises through multiple channels and in accordance with the principle of “those who produce, those who provide shall be responsible”; improve government departments’ coverage rate in collecting information related to enterprises; promote the realization of “that which shall be collected shall be collected”, and “that which shall be disclosed shall be disclosed.” Uphold “those who register shall record”, “those who handle a case shall record”, promptly collect registration records, registration of movable collateral, registration of pledged equity, registration of pledged intellectual property rights, registration of trademarks, administrative punishments, results of random checks, joint punishments, simplified deregistration, information about the list of abnormal business operations, and the list of enterprises severely violating the law and breaching trust (“the black list”) lawfully produced during the fulfilmente of one’s duty, and – according with the division of responsiblity – promptly deal with objections to information, to a good work of integrating data platforms with industry and commerce bureaus, and circulating incoming and outgoing data, circulating and recording cross-jurisdiction enterprise credit information, exchanging data on objections to the information disclosed, sending out data on simplified cancellation, and other joint uses of the system. Continue to do a good work of disclosing enterprises’ annual reports and relevant information. Pay more attention to the quality of annual report, on the basis of consolidating the rate of annual reports. Strengthen the examination of information in enterprises annual reports, and of information disclosed by enterprises. Strengthen enterprises’ subject responsibility. Accelerate the formation of a multidimensional portrait of enterprises’ credit information.
2. Accelerate data sharing and realize an effective and precise supervision by government departments. Take the integration of public administration information systems as an opportunity to accelerate the interconnection and integration of the publicity system with the information systems of other departments. Realize the open sharing of information related to enterprises on the publicity system among all public administration departments,open up the data “meridians” of the reform of the commercial system and the reform to delegate power, streamline administration and optimize government services, simplify and improve business procedures, reduce the cost of mass entrepreneurship and innovation. Effectively fulfill the duties of “double notification” and inform the enterprises which scope of business relates to postponed examination and approval about the deparments they must apply to for approval, and of the items to be applied for. At the same time, notify enterprise registration information to the approving department by a precise serve push or by a platform push through the publicity system in coordination with supervision platforms, and establish and improve technical means and management systems for reminders and warnings.
Continue to improve the coordination and oversight functions of the publicity system, push forward the work of market regulation to achieve data access and business communication, and effectively support such reform measures as “integrating multiple certifications and licenses into one consolidated business license”, the “E-business licence”, the “Separation of Business Certificate and License”, “oversight through inspections by randomly selected inspectors of randomly selected entities and the public release of inspection result”
3. Deeply integrate online and offline supervision, and firmly promote the precise governance of major issues Combined with the day-to-day regulatory responsibilities and tasks, onduct the offline and online, dynamic monitoring and inspection of productive and business activities through comparisons of enterprises’ credit information, compliance with laws and regulations of enterprises within one’s jurisdiction, their fulfilment of statutory responsibilities and duties, forming a work pattern where online supervision and offline supervision act in concert and support each other. Promote precise governance and targeted supervision through the inspection of enterprise registration information, pledged mortgages, information disclosed; and the verification through comparison of such information as administrative licences, administrative punishments, supervision inspection, complaints and accusations, task transfer and assignment, big data analysis, public opinion monitoring, and a prompt detection of clues about coporate violations of law and regulation. Severely implement memoranda of understanding on joint punishments, further streamline the list of joint punishment measures of all departments, rely on the publicity system to establish and improve joint punishments, implementation and feedback mechanisms, forming a completed and closed loop [consisting of] the public list of enterprises breaching trust, restrictions to market access, restrictions to professional qualification, implementation of credit supervision, feedback information on punishments, and promote the implementation of an effective governance of violations of law and breaches of trust.
4. Deepen the application of data resources and effectively promote an accurate advance warning of supervisory risks. Establish and improve the comprehensive use of data resources of the publicity system to assist scientific decision-making and supervision and early risk warning mechanisms, rely on the publicity system to collect all kinds of information related to enterprises, effectively link Internet data resources to promote the survival and development of enterprises, production and management practices, the assessment, prediction, and early warning of risk of violations of laws and regulation, explore the establishment of market regulatory risk warning rules, methods, indicators, and models. Combined with online monitoring and regulation, focus with precision on high risk industries and fields within one’s jurisdiction, and violations of law and regulation occurring with a high frequency, and improve the awareness of risk factors, and their forecasting and prevention capabilities. Take high risk enterprises as the key point of supervision, uphold providing orientation on problems, adopt differentiated methods of supervision, reasonably determine the items and frequency of key supervision and inspection within one’s juridsdiction, and strive to improve the effectiveness, and accuracy of supervision and law enforcement, and bring into play the role of risk warning as an orientation in supervision.
III. Do a good work organizing the implementation of strengthening the use and management of the information publicity system
1. Establish and improve inspection and evaluation mechanisms, to ensure a strong and orderly progress of coordination. Formulate specific implementation plans for strengthening the use and management of the publicitysystem, specify deadlines, the roadmap and responsible persons, and clarify and separate the layers of various tasks at various levels so as to effectively implement the full coverage of the use of the publicity system, and its management without blind spots. Further strengthen supervision and inspection, assessment and evaluation, and a mechanism of rewards and punishments in the work of using and managing the publicity system in one’s province (district, municipality), and supervise the entire process of strengthening the use and management of the publicity system, to ensure its implementation.
2. Establish and improve coordination and cooperation mechanisms to ensure the comprehensive coverage of enterprise information. Induce local Party committees and local governments to attach importance to the operations, management, and use of the publicity system; establish and improve coordination and cooperation mechanisms involving the collection and sharing of information related to enterprises through the entire process of use of the publicity system, accelerate the realization of the full coverage of information related to enterprises collected by governments. Actively take the lead in grasping the overall responsibility, establishing and improving a work mechanism based on unified coordination and division of labor, and a joint consultation system. Strengthen the organizational coordination of collection of information related to enterprises by government departments at their administrative level, and of the use and management of the publicity system. Further improve and expand the function of the publicity system, and strengthen coordination and linkages among all relevant government departments, their sharing of resources and seamless connection.
3. Establish and improve quality control mechanisms to ensure that publicity system data is accurate and reliable. Accelerate the deployment of application data check function modules to improve the accuracy of the collection and disclosure of data related to enterprises. Organize data quality inspection and effectively carry out the work of data collection, transmission and summary, monitoring of their conversion, sharing of applications, information notification and safety management, and achieve a 100% implementation rate of standards on publicity system data. Promote the open sharing and verification of data disclosed on the publicity system on sharing and exchange platforms, and local public administration systems in a lawful and orderly fashion. Promote the interconnection of the supervision platform of the publicity sytem with local governments’ public administration information systems, in order to create favorable conditions for improving the quality of data of the publicity system.
4. Establish and improve propaganda and training mechanisms to ensure that the work of use and management takes root. Comprehensively use the radio, television, newspapers, the Internet, and other dissemination media to comprehensively and deeply introduce the publicity system through movies, commercials, the organization of press conferences, the creation of newspaper columns, and other means, to form a good environment where the public understands the publicity system uses the publicity system, trusts the publicity system. Increase the training of industrial and commercial, market supervision departments, and other government departments in the use and management of the publicity system, promptly grasp the dynamic situation related to reliance on the publicy system by all departments at all levels. Strengthen the coordination of services, answering to questions and doubts, and supervision in a targeted way. Effectively strengthen the awareness and use of the publicity system among the public.
State Administration for Industry and Commerce
February 11, 2018