The "Shaanxi Provincial Public Security Information Regulations" were adopted at the 26th meeting of the Standing Committee of the Eleventh People's Congress of Shaanxi Province on November 24, 2011, and are hereby announced. Effective from January 1, 2012.
Standing Committee of Shaanxi Provincial People's Congress
November 24, 2011
Contents
First Chapter General Provisions
Chapter 2 Industry Credit Information Construction
Chapter 3 Credit Information Collection
Chapter 4 Credit Information Disclosure and Use
Chapter 5 Handling of Objection Information
Chapter 6 Legal Responsibilities
Chapter 7 Supplementary Provisions
Chapter 1 General Provisions
First Article [Legislative Purpose] To regulate the collection, disclosure and use of public credit information, establish a social credit system, realize the full sharing of public credit information resources, provide credit information services for economic and social development, and promote integrity Social construction, these regulations are formulated based on the actual situation of the province.
Article 2 [Definition] The term “public credit information” as mentioned in these Regulations refers to administrative agencies, judicial agencies and organizations that perform the functions of managing public affairs (hereinafter referred to as relevant agencies and organizations). Data and information generated during the performance of duties that reflect the credit status of enterprises and individuals.
Article 3 [Scope of Application] These regulations apply to the collection, disclosure, use, supervision and management of public credit information within the administrative region of this province.
Article 4 [Compliance with Principles] The collection, disclosure and use of public credit information shall follow the principles of legality, objectivity, fairness and timeliness, keep state secrets and commercial secrets, and protect personal privacy.
Article 5 [Government Responsibilities] The people's governments of provinces and municipalities divided into districts shall prepare social credit system construction plans, establish a joint meeting system, coordinate the construction of the social credit system, and coordinate the resolution of public credit information work major issues in.
In accordance with the social credit system construction plan, the county-level people's government is responsible for organizing and implementing the construction of the social credit system within its own administrative region, and coordinating the collection, reporting, and use of public credit information.
Article 6 [Competent Departments and Agencies] The development and reform administrative department of the Provincial People's Government is the department in charge of public credit information work in the province, and guides, manages, and supervises the collection, collection, and supervision of public credit information. Disclosure and Use.
The competent departments for public credit information work determined by the people's governments of cities and counties (cities, districts) divided into districts are responsible for the public credit information work within their respective administrative regions, guiding, managing, and Supervise the collection, disclosure and use of public credit information.
The people's governments of provinces and municipalities divided into districts shall establish public credit information work agencies, which shall be responsible for the specific responsibilities of public credit information work agencies within their respective administrative regions under the guidance and supervision of the public credit information work departments at the same level. The construction, operation and maintenance of the *** credit information platform, and the collection, disclosure, use and related work of public credit information in accordance with the law.
Article 7 [Collaborative Responsibilities] Relevant agencies and organizations shall coordinate the collection, disclosure, use and related work of public credit information in accordance with their respective responsibilities.
Article 8 [Sound Mechanism] People's governments at all levels and their relevant departments shall establish mechanisms for incentives for trustworthiness and punishment for breach of trust, promote the promotion and application of credit services such as credit evaluations and credit reports, and improve social management and public safety. **Service level.
Chapter 2 Industry Credit Information Construction
Article 9 [Government Promotion] The people's governments of provinces and districted cities shall support and coordinate relevant agencies and organizations to establish and improve the industry and the industry. System credit information system provides funding guarantee and promotes industry credit construction.
Article 10 [Internal Responsibilities] Relevant agencies and organizations shall clarify the responsible departments or institutions for the credit information work of their units, and shall be responsible for collecting, sorting, preserving, and processing public credit information formed during the performance of their duties. information.
Article 11 [Information Integration] Relevant agencies and organizations in provincial and districted cities shall determine the catalog, indicators and content of credit information in the industry, and use existing business management information systems to integrate industry credit information ; If a business management information system has not yet been established, it shall integrate industry credit information by establishing a business management information system, an industry credit database or an electronic credit file based on the actual situation of the unit.
Article 12 [Provision Responsibility] Relevant agencies and organizations shall provide public information in a timely and accurate manner in accordance with the public information technical specifications formulated by the provincial public information credit information work department. Credit information is guaranteed to be updated in real time or at least once a month to achieve full sharing of public credit information.
Article 13 [Disclosure and Service] Relevant agencies and organizations should establish an industry public credit information disclosure system, implement classified supervision based on credit status, and provide public credit information services to the society.
Article 14 [Credit Information of Judicial Organs] The Provincial Higher People’s Court and the Provincial People’s Procuratorate shall, in accordance with the provisions of these regulations, establish and improve business management information systems and formulate specific procedures for the collection and provision of public credit information by judicial organs. Methods to achieve full sharing of public credit information.
Chapter 3 Collection of Credit Information
Article 15 [Technical Specifications] The provincial public security department in charge of credit information work shall, in accordance with the requirements of laws, administrative regulations and national standards, formulate Technical specifications for public credit information in this province.
The public credit information work agency collects public credit information in accordance with the public credit information technical specifications, and does a good job in sorting, preserving, and processing it.
Public *** credit information is divided into basic information and prompt information.
Article 16 [Basic Enterprise Information] The basic information of enterprises collected by the public credit information work agency shall be collected by relevant administrative agencies and organizations that perform the functions of managing public affairs in accordance with the "Enterprise Credit Data Items" "Specifications" provided by national standards, including the following information:
(1) Enterprise business registration information, tax registration information, organization code registration information;
(2) Equity structure information, directors , supervisors, managers and other main operating managers information, branch information, import and export information;
(3) Assets and liabilities information, profit and loss information;
(4) Special licenses and Qualification information;
(5) Certification and accreditation information and trademark registration information;
(6) Other basic information.
Article 17 [Enterprise Prompt Information] Enterprise prompt information collected by public credit information agencies shall be provided by relevant agencies and organizations in accordance with the national standards of "Enterprise Credit Data Item Specifications", including the following information:
(1) Effective court judgments, rulings, mediation and enforcement information;
(2) Tax arrears information;
(3) Labor and social Guarantee insurance information;
(4) Administrative charges and government fund arrears information;
(5) Administrative penalty information;
(6) Administrative compulsory information;
(7) Honor information;
(8) Information on corporate directors, supervisors, managers and other main business managers who have been punished and banned from the industry;< /p>
(9) Other prompt information.
Article 18 [Personal Credit Information System] The public credit information agency may collect the credit information of the main business managers of enterprises, individual industrial and commercial households, and personnel with professional qualifications from relevant agencies and organizations. information, and gradually establish and improve the personal credit information system.
Article 19 [Personal Credit Information Content] Public credit information agencies shall not collect personal religious beliefs, genes, fingerprints, blood types, diseases and medical history, or other items prohibited by laws and administrative regulations. personal information.
Without my written consent, public credit information agencies are not allowed to collect information on personal income, deposits, tax payments, securities, and real estate.
The specific content of personal credit information collected by public credit information agencies shall be determined by the provincial people's government in accordance with the law.
Article 20 [Information Provision] Relevant agencies and organizations shall provide public credit information in accordance with the following provisions:
(1) County-level administrative agencies shall provide Provided by government agencies;
(2) Provincial and districted city administrative agencies and judicial organs provide it to the public credit information work agency at the same level;
(3) Exercise the management of public affairs Organizations with *** affairs functions shall provide it to their administrative departments or provincial or districted municipal public *** credit information work agencies.
The districted municipal public bank credit information work agency shall provide the collected public bank credit information to the provincial public bank credit information work agency to realize the public bank credit information of the province Information is shared.
Article 21 [Authenticity Responsibility] Relevant agencies and organizations are responsible for the authenticity of the public and credit information they provide.
If public credit information is directly reported by an enterprise or individual, and the legal conditions and procedures do not require the agencies and organizations accepting the declaration to verify the substantive content of the declared information, its authenticity shall be determined by the enterprise or individual. Responsible.
Public credit information agencies shall not tamper with or fabricate public credit information.
Article 22 [Security Requirements] Public credit information work agencies, relevant agencies and organizations should establish and improve credit information security management systems and take necessary technical measures to ensure public security Security of Credit Information.
Article 23 [Supplementary Public Credit Information] In addition to collecting public credit information from relevant agencies and organizations in accordance with the provisions of these regulations, public credit information agencies may also According to the agreement between the two parties, credit information will be collected from enterprises, institutions, social organizations, etc. as a supplement to the public credit information. Enterprises, institutions, social organizations, etc. are responsible for the authenticity of the credit information they provide.
Chapter 4 Disclosure and Use of Credit Information
Article 24 [Disclosure Method and Period] Corporate credit information shall be disclosed through disclosure, sharing and inquiry. Personal credit information will not be disclosed or shared, and will only be disclosed through inquiry.
The disclosure period of bad records in corporate reminder information is three years, and the disclosure period is calculated from the date of termination of the bad behavior or event; if it exceeds three years, it will be transferred to archives.
The query period for bad records in personal reminder information is five years, calculated from the date of termination of the bad behavior or event; any records that exceed five years will be deleted.
Article 25 [Enterprise Credit Information Disclosure] Public credit information agencies shall disclose part of enterprise credit information to the public through the Credit Shaanxi website, news media, etc., including the following information:
(1) Company name, address, name of legal representative, and business scope in the company’s industrial and commercial registration information;
(2) Organization code;
(3) Special licensing and qualification information;
(4) Certification and accreditation information and trademark registration information;
(5) Information on overdue civil judgments, rulings and mediations that have not been fulfilled by the court;< /p>
(6) Administrative penalty and criminal penalty information;
(7) Honor information;
(8) Other information that should be disclosed.
Relevant agencies and organizations shall comply with the provisions of the preceding paragraph when disclosing to the public corporate credit information formed during the performance of their duties.
Article 26 [Corporate Credit Information Sharing] Relevant agencies and organizations may query and share corporate credit information through the public credit information exchange platform, but they need to query corporate credit information due to the performance of their duties. Equity structure information, main operating manager information, asset and liability information, and profit and loss information shall be queried in accordance with the procedures prescribed by the public credit information work agency after approval by the person in charge of the query unit.
Article 27 [Enterprise Credit Information Inquiry] Citizens, legal persons and other organizations can inquire and disclose information through the Credit Shaanxi website, telephone, mobile phone text message platform, etc., or at the public credit information agency. corporate credit information.
Citizens, legal persons and other organizations that inquire about non-public corporate credit information shall inquire in the public credit information agency with the written consent of the enterprise being queried.
If an enterprise inquires about its non-public credit information, it shall issue a written certificate from the enterprise and inquire it at the public credit information agency.
Article 28 [Personal Credit Information Inquiry] If it is necessary to inquire personal credit information due to credit, credit sales, leasing, employment, insurance, guarantee, etc. or for other reasons, the written consent of the person being inquired shall be obtained. , inquire at the public credit information agency.
If an individual inquires about his or her credit information, he or she must present his or her valid ID card and inquire at a public credit information agency.
Article 29 [Inquiry Records] For public credit information that requires authorization or approval to be inquired, the public credit information agency shall truthfully record the inquiry status and make a record of the inquiry. Records will be kept for three years from the date they are generated.
Article 30 [Confidentiality Provisions] Public credit information agencies and other relevant agencies and organizations and their staff shall not disclose or divulge matters involving state secrets, business secrets and personal privacy, as well as matters specified in these Regulations. Public credit information other than those specified in Article 25.
Governments and organizations shall not disclose corporate credit information obtained from public credit information agencies that is not provided by the unit or industry.
Article 31 [Use of Enterprise Credit Information] Administrative agencies and organizations that perform the functions of managing public affairs shall be responsible for daily supervision and management, as well as government procurement, bidding, project approval, special fund arrangements, government In areas and key tasks involving public interests such as fund subsidies and investment promotion, corporate credit information should be used as an important basis for administrative decision-making, the corporate credit evaluation system should be promoted, the application scope of corporate credit evaluation information should be expanded, and social management and social management should be improved. Public service level.
Article 32 [Restrictive Measures] Administrative agencies and organizations that exercise the function of managing public affairs may take the following measures against enterprises with bad records in the reminder information, depending on the circumstances:
(1) As the focus of daily supervision and inspection;
(2) If no honorary title is awarded within three years, the honorary title that has been awarded will be revoked;
(3) II. Restrict or cancel their qualifications to participate in government procurement and government investment projects within the year;
(4) Other measures stipulated in laws, regulations, and rules.
For enterprises that have bad records in the reminder information specified in Article 17, Paragraph 1, Paragraph 2, and Paragraph 3 of these Regulations, the administrative or judicial organs shall take measures before they fail to perform their legal obligations. Restrict the enterprise and its main managers from carrying out high consumption per unit of assets.
Chapter 5 Handling of Objection Information
Article 33 [Objection Application] Citizens, enterprises, institutions and social organizations believe that public information disclosed by the public * credit information agency If ** credit information is inconsistent with the facts, or cannot be disclosed in accordance with relevant laws and regulations, you may submit a written objection application to the public ** credit information agency and submit evidence.
Article 34 [Processing of Objection Information] After receiving the objection application, the public credit information agency shall verify it within three working days, correct any errors caused by its own reasons immediately, and The applicant will be notified of the correction results within two working days.
For objection information that is not caused by its own reasons, the public credit information agency shall notify the relevant agencies and organizations that provided the information for verification. The relevant agencies and organizations will conduct a review within 10 days from the date of receipt of the verification notice. The verification result shall be replied within five working days as to whether to correct it, and the public credit information agency shall notify the applicant of the verification result within two working days.
Article 35 [Disposal and Deletion] While the public credit information agency is processing the objection application, it shall suspend the disclosure of the objection information. For objection information whose authenticity cannot be verified, the public credit information agency shall delete it and record the reasons for deletion.
Chapter 6 Legal Responsibilities
Article 36 [Responsibility of Administrative Agencies for Providing Information] Provincial and districted city administrative agencies fail to provide credit to the public in accordance with the provisions of these regulations If an information agency provides public credit information, it shall be urged in writing by the public credit information department at the same level to provide it; if it still fails to provide it after being urged, the people's government at the same level shall issue a notice of criticism.
If the county-level administrative agency fails to provide public credit information to the higher-level administrative agency in accordance with the provisions of these regulations, the higher-level administrative agency will be responsible for urging the report. If it still fails to provide it after urging, it will be criticized in a circular.
Article 37 [Responsibility of Public Security Organizations for Providing Information] If an organization that exercises the function of managing public security affairs fails to provide public security information in accordance with the provisions of these regulations, its administrative supervisor The agency is responsible for urging the report. If the report is still not provided after being urged, a notice of criticism will be issued.
Article 38 [Responsibility for Illegal Disclosures] If administrative agencies or organizations that exercise the function of managing public affairs violate the provisions of these regulations when disclosing public credit information, they shall be notified by the people's government at the same level Criticism; if the circumstances are serious, the administrative supervision department shall impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel.
Article 39 [Responsibility of Public Officials] Administrative agencies, public credit information agencies and other organizations that perform the functions of managing public affairs and their staff shall not If any of the following circumstances occur during credit information management, the competent department or administrative supervision department shall order corrections; if the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Collecting public credit information by improper means;
(2) Tampering or fabricating public credit information;
(3) Disclosure or disclosure of public credit information in violation of regulations;
(4) Failure to handle and respond to objection information in accordance with regulations.
Chapter 7 Supplementary Provisions
Article 40 [Specially applicable] The collection, disclosure, use and supervision of credit information of public institutions and social organizations shall be implemented with reference to these regulations.
Article 41 [Effectiveness Date] These Regulations shall come into effect on January 1, 2012.