In which year was the Regulations on Public Credit Information in Shaanxi Province promulgated?

The Regulations on Public Credit Information in Shaanxi Province was adopted by the 26th meeting of the Standing Committee of the 11th People's Congress of Shaanxi Province on 20 1 1, and is hereby promulgated and shall come into force as of 2012/.

Shaanxi Provincial People's Congress Standing Committee

20 1 1 year 1 1 month 24th

catalogue

Chapter I General Principles

Chapter II Construction of Industry Credit Information

Chapter III Collection of Credit Information

Chapter IV Disclosure and Use of Credit Information

Chapter V Handling of Objection Information

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Principles

Article 1 [Legislative Purpose] In order to standardize the collection, disclosure and use of public credit information, establish a social credit system, realize the sharing of public credit information resources, provide credit information services for economic and social development, and promote the construction of an honest society, these Regulations are formulated according to the actual situation of this province.

Article 2 [Definition] The term "public credit information" as mentioned in these Regulations refers to the data and materials that reflect the credit status of enterprises and individuals formed by administrative organs, judicial organs and organizations exercising the function of managing public affairs (hereinafter referred to as relevant organs and organizations) in the course of performing their duties.

Article 3 [Scope of Application] These Regulations are applicable to the collection, disclosure, use, supervision and management of public credit information within the administrative area of this province.

Article 4 The collection, disclosure and use of public credit information shall follow the principles of legality, objectivity, impartiality and timeliness, keep state secrets and business secrets, and protect personal privacy.

Article 5 The municipal people's governments of provinces and districts shall formulate plans for the construction of social credit system, establish a joint meeting system, make overall plans for the construction of social credit system, and coordinate and solve major problems in public credit information work.

The people's governments at the county level shall, according to the social credit system construction plan, be responsible for organizing and implementing the social credit system construction within their respective administrative areas and coordinating the collection, reporting and use of public credit information.

Article 6 The administrative department in charge of development and reform of the provincial people's government is the competent department in charge of public credit information work in this province, which guides, manages and supervises the collection, disclosure and use of public credit information.

The competent department of public credit information determined by the people's governments of cities and counties (cities, districts) divided into districts shall be responsible for the work of public credit information within their respective administrative areas, and guide, manage and supervise the collection, disclosure and use of public credit information.

The municipal people's governments of provinces and districts shall set up public credit information institutions to undertake the construction, operation and maintenance of public credit information platforms within their respective administrative areas under the guidance and supervision of the competent departments of public credit information work at the same level, and carry out the collection, disclosure, use and related work of public credit information according to law.

Article 7 Relevant organs and organizations shall, in accordance with their respective functions and duties, cooperate in the collection, disclosure, use and related work of public credit information.

Article 8 People's governments at all levels and their relevant departments shall establish an incentive and punishment mechanism for dishonesty, promote the popularization and application of credit services such as credit evaluation and credit report, and improve the level of social management and public services.

Chapter II Construction of Industry Credit Information

Article 9 The municipal people's governments of provinces and districts shall support and coordinate relevant organs and organizations to establish and improve the credit information system of their own industries and systems, provide financial guarantee and promote the credit construction of their own industries.

Article 10 [Internal Responsibilities] Relevant organs and organizations shall specify the departments or institutions responsible for the credit information work of their own units, and be responsible for collecting, sorting, preserving and processing public credit information formed in the course of performing their duties.

Eleventh [information integration] the relevant organs and organizations of provinces and cities divided into districts shall determine the catalogue, indicators and contents of industry credit information, and integrate industry credit information by using the existing business management information system; If the business management information system has not been established, it shall integrate the industry credit information by establishing the business management information system, industry credit database or electronic credit file according to the actual situation of the unit.

Article 12 Relevant organs and organizations shall provide public credit information in a timely and accurate manner in accordance with the technical specifications for public credit information formulated by the provincial public credit information department, and ensure that it is updated in real time or at least once a month to realize the enjoyment of public credit information.

Article 13 [Disclosure and Service] Relevant organs and organizations shall establish an industry public credit information disclosure system, implement classified supervision according to the credit status, and provide public credit information services to the society.

Article 14 The Provincial Higher People's Court and the Provincial People's Procuratorate shall, in accordance with the provisions of these Regulations, establish and improve the business management information system, formulate specific measures for the collection and provision of credit information of judicial organs, and realize the enjoyment of credit information of judicial organs.

Chapter III Collection of Credit Information

Fifteenth [technical specifications] the competent department of provincial public credit information shall, in accordance with the requirements of laws, administrative regulations and national standards, formulate technical specifications for provincial public credit information.

Public credit information institutions shall collect public credit information in accordance with the technical specifications of public credit information, and do a good job in sorting, saving and processing.

Public credit information is divided into basic information and prompt information.

Article 16 [Basic Information of Enterprises] The basic information of enterprises collected by public credit information institutions shall be provided by relevant administrative organs and organizations exercising public credit affairs management functions in accordance with the national standard "Enterprise Credit Data Project Specification", including the following information:

(a) enterprise business registration information, tax registration information, organization code registration information;

(2) Information on ownership structure, information on directors, supervisors, managers and other key management personnel, information on branches, and import and export information;

(3) Assets, liabilities, profits and losses;

(4) Special license and qualification information;

(5) Certification and accreditation information and trademark registration information;

(6) Other basic information.

Article 17 [Enterprise Tips] The enterprise tips collected by public credit information institutions are provided by relevant organs and organizations according to the national standards for enterprise credit data items, including the following information:

(a) the court's effective judgment, ruling, mediation and enforcement information;

(2) Tax arrears information;

(3) labor and social security insurance information;

(four) administrative fees, government funds default information;

(5) Information on administrative punishment;

(6) Administrative compulsory information;

(7) Honorary information;

(eight) the information that the directors, supervisors, managers and other major management personnel of the enterprise have been punished and prohibited from entering the industry;

(9) Other prompt information.

Article 18 [Personal Credit Information System] Public credit information institutions may collect the credit information of major business managers, individual industrial and commercial households and persons with professional qualifications from relevant organs and organizations, and gradually establish and improve the personal credit information system.

Article 19 Public credit information institutions shall not collect personal religious beliefs, genes, fingerprints, blood types, diseases and medical histories, and other personal information prohibited by laws and administrative regulations.

Without my written consent, public credit information institutions shall not collect personal income, deposits, taxes, securities, real estate and other information.

The specific content of personal credit information collected by public credit information institutions shall be determined by the provincial people's government according to law.

Article 20 Relevant organs and organizations shall provide public credit information in accordance with the following provisions:

(1) The county-level administrative organ shall provide it to the municipal administrative organ with districts;

(two) the administrative organs and judicial organs of provinces and cities divided into districts provide credit information to institutions at the same level;

(3) Organizations that exercise the functions of managing public affairs shall provide them to their administrative departments or public credit information institutions in provinces and cities divided into districts.

Municipal public credit information institutions with districts shall provide the collected public credit information to provincial public credit information institutions to realize the sharing of public credit information in the whole province.

Article 21 The relevant organs and organizations shall be responsible for the authenticity of the public credit information provided by them.

Enterprise credit information is directly declared by an enterprise or individual, and if the legal conditions and procedures do not require the organs and organizations that accept the declaration to verify the substantive contents of the declared information, the enterprise or individual shall be responsible for its authenticity.

Public credit information institutions shall not tamper with or fabricate public credit information.

Article 22 Public credit information institutions, relevant organs and organizations shall establish and improve the credit information security management system and take necessary technical measures to ensure the security of public credit information.

Article 23 In addition to collecting public credit information from relevant organs and organizations in accordance with the provisions of these Regulations, public credit information institutions may also collect credit information from enterprises, institutions and social organizations as a supplement to public credit information upon mutual agreement. Enterprises, institutions and social organizations are responsible for the authenticity of the credit information they provide.

Chapter IV Disclosure and Use of Credit Information

Article 24 The credit information of an enterprise shall be disclosed by means of publicity, sharing and inquiry. Personal credit information will not be made public, nor will it be enjoyed by * * * *, but will only be made public by inquiry.

The disclosure period of bad records in enterprise prompt information is three years, counting from the date of termination of bad behavior or event; Those that are more than three years old should be filed.

The inquiry period of bad records in personal tips is five years, counting from the date of termination of bad behavior or events; For more than five years, it shall be deleted.

Article 25 [Disclosure of Enterprise Credit Information] Public credit information institutions disclose some enterprise credit information to the public through the credit Shaanxi website and news media, including the following information:

(1) The enterprise name, domicile, name of legal representative and business scope in the enterprise's industrial and commercial registration information;

(2) Organization code;

(3) Special license and qualification information;

(4) Certification and accreditation information and trademark registration information;

(5) Failing to perform the civil judgment, ruling or conciliation statement that has entered into force by the court within the time limit;

(six) administrative punishment and punishment information;

(7) Honorary information;

(8) Other information that should be made public.

The relevant organs and organizations shall abide by the provisions of the preceding paragraph when disclosing the enterprise credit information formed in the course of performing their duties to the public.

Article 26 [Enterprise Credit Information * * *] Where the relevant organs and organizations inquire about enterprise credit information through the public credit information exchange platform, but they need to inquire about the information of enterprise ownership structure, main operation and management information, assets and liabilities information and profit and loss information due to the performance of their duties, they shall, with the consent of the person in charge of the inquiry unit, make inquiries according to the procedures prescribed by the public credit information work organization.

Twenty-seventh citizens, legal persons and other organizations can inquire about the public enterprise credit information through the credit Shaanxi website, telephone, SMS platform and other means. , or in the public credit information work organization.

Citizens, legal persons and other organizations to inquire about the credit information of non-public enterprises shall, with the written consent of the inquired enterprises, inquire in the public credit information work institutions.

If an enterprise inquires about the non-public credit information of the enterprise, it shall issue a written certificate of the enterprise and inquire in the public credit information work institution.

Article 28 Where personal credit information needs to be inquired for credit, credit sale, lease, employment, insurance, guarantee, etc. Or for other reasons, with the written consent of the inquired person, it should be inquired in the public credit information work institution.

Individuals who inquire about their credit information shall show their valid identity documents and go to the public credit information office to inquire.

Article 29 The public credit information institution shall truthfully record the inquiry about the public credit information that needs authorization or approval, and keep it for three years from the date of generation.

Article 30 Public credit information institutions and other relevant organs, organizations and their staff members shall not disclose public credit information involving state secrets, business secrets, personal privacy or other than those specified in Article 25 of these Regulations.

Organs and organizations shall not disclose the enterprise credit information of their own units and industries obtained from public credit information institutions.

Article 31 [Use of Enterprise Credit Information] Administrative organs and organizations exercising the function of managing public affairs should take enterprise credit information as an important basis for administrative decision-making, implement enterprise credit evaluation system, expand the application scope of enterprise credit evaluation information, and improve social management and public affairs in daily supervision and management, government procurement, bidding, project approval, special fund arrangement, government fund subsidies, investment attraction and other areas and key work involving public interests.

Article 32 [Restrictive Measures] Administrative organs and organizations with the function of managing public affairs may, according to different situations, take the following measures against enterprises with bad records in the prompt information:

(a) as the focus of daily supervision and inspection;

(two) if the honorary title is not awarded within three years, the honorary title already awarded shall be revoked;

(three) limit or cancel its qualification to participate in government procurement and government investment projects within two years;

(four) other measures stipulated by laws, regulations and rules.

Before an enterprise with bad records in the prompt information specified in Item (1), Item (2) and Item (3) of Article 17 of this Ordinance fails to perform its legal obligations, the administrative organ or judicial organ shall take measures to restrict the enterprise and its main management personnel from implementing high consumption with unit assets.

Chapter V Handling of Objection Information

Article 33 Where a citizen, enterprise, institution or social organization thinks that the public credit information disclosed by a public credit reporting agency is inconsistent with the facts, or is prohibited from being disclosed in accordance with relevant laws and regulations, it may file a written objection application with the public credit reporting agency and submit evidence.

Article 34 A public credit information institution shall check the objection application within three working days after receiving it. If it makes mistakes due to its own reasons, it shall immediately correct it and inform the applicant of the correction result within two working days.

The public credit information institution shall notify the relevant organs and organizations that provide the information to verify the objection information not caused by its own reasons, and the relevant organs and organizations shall reply whether to correct the verification results within 15 working days from the date of receiving the verification notice, and the public credit information institution shall inform the applicant of the verification results within two working days.

Article 35 A public credit information institution shall suspend the disclosure of objection information during the processing of the objection application. The public credit information institution shall delete the unverifiable objection information and record the reasons for deletion.

Chapter VI Legal Liability

Thirty-sixth [the responsibility of administrative organs to provide information] the administrative organs of provinces and cities divided into districts fail to provide public credit information to public credit information institutions in accordance with the provisions of these Regulations, and the competent department of public credit information at the same level shall urge them to provide it in writing; If it is still not provided after being urged, it shall be given to informed criticism by the people's government at the corresponding level.

If the county-level administrative organ fails to provide public credit information to the administrative organ at a higher level in accordance with the provisions of these regulations, the administrative organ at a higher level shall be responsible for urging. If it is not provided after being reminded, it will be given to informed criticism.

Thirty-seventh organizations that exercise the function of managing public affairs fail to provide public credit information in accordance with the provisions of these Regulations, and the administrative departments shall be responsible for supervising and urging them. If they still fail to provide public credit information after supervision, they shall be given to informed criticism.

Thirty-eighth [illegal publicity responsibility] administrative organs, organizations that exercise the function of managing public affairs in violation of the provisions of this Ordinance, by the people's government at the same level informed criticism; If the circumstances are serious, the administrative supervision department shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel.

Article 39 [Responsibility of Public Officials] Administrative organs, public credit information institutions and other organizations that exercise the functions of public credit affairs management and their staff members shall be ordered by the competent department or administrative supervision department to correct any of the following circumstances in the management of public credit information; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Collecting public credit information by improper means;

(2) Tampering with or fabricating public credit information;

(3) disclosing or leaking public credit information in violation of regulations;

(four) failing to deal with and reply to the objection information in accordance with the provisions.

Chapter VII Supplementary Provisions

Article 40 The collection, disclosure, use, supervision and management of credit information of public institutions and social organizations shall be implemented with reference to these Regulations.

Article 41 [Effective Date] These Regulations shall come into force on 20 12 1.