深圳市企业信用征信和评估管理办法 Administrative Measures of Shenzhen Municipality on Credit Information Collecting a

深圳市人民政府令第122号

（Formulated by Decree No.122 of the Shenzhen Municipal People‘s Government on　November 19， 2002.）

颁布日期：20021119 　实施日期：20030101 　颁布单位：深圳市人民政府

　　Chapter Ⅰ　General　Provisions

　　Article 1 In order to establish the credit system of enterprises of Shenzhen Municipality， raise the consciousness of credit and risk prevention of enterprises， normalize the credit information collecting and credit rank evaluating of enterprises， and protect the lawful rights and interests of the party， these measures are formulated in accordance with the provisions of relevant laws and regulations and the actual circumstances of this Municipality.

　　Article 2 The collection， use， evaluation and consultation of the credit information of enterprises within the administrative areas in this Municipality shall be governed by these measures.

　　“Enterprises” mentioned in these measures means the legal person or unincorporated for-profit economic organization that is registered in the administrative department of industry and commerce according to law.

　　Article 3 This municipality creates the organ system of credit information collecting， which mainly consists of the credit information center of enterprises established by the government and the evaluation institution in the market， collects the credit information of enterprises， and makes an inquiry of credit information of enterprises from the society. The evaluation institution provides the service of credit rank evaluating of enterprises.

　　Article 4 When collecting and disclosing the credit information of enterprises， the information collecting institution shall maintain the interests of the nation and society. It is prohibited to collect and disclose the information that hampers the public safe and order of the society.

　　When collecting and disclosing the credit information of enterprises， the information collecting institution shall maintain the lawful rights of enterprises， and must not impair the business secret， competition status and other lawful interests of enterprises.

　　Article 5 When collecting and disclosing the credit information of enterprises， the information collecting institution shall comply with the principles of objectiveness and just， and must not collect or disclose false information. The information providing unit must not provide false information.

　　The credit evaluation institution shall conduct evaluations in accordance with the law of market economy and the principles of independence， just and prudence.

　　Article 6 The information collecting institution， information providing unit， user of credit information of enterprises and other working staff shall keep secrets of the information of enterprises obtained in the process of collecting and utilizing them except what shall be opened to the public according to law， and must not utilize the obtained credit information of enterprises beyond the range of use and working powers and duties prescribed in these measures.

　　Article 7 The government encourages enterprises to establish the administrative system of internal credit of enterprises， strengthen the internal credit administration of enterprises， and prevent the venture of enterprises of their own and the credit venture of clients.

　　Article 8 The committee of credit information collecting and credit rank evaluating and supervising consists of relevant departments of the municipal government， the information collecting institution and enterprises， and takes charge of the supervision and administration of credit information collecting and credit rank evaluating of enterprises.

　　The composition， duties and agenda rules of the committee shall be prescribed separately by the municipal government.

　　The government encourages the evaluation institution to establish the trade organization， and sup

ervise and administrate itself.

　　Chapter　Ⅱ　Credit Information Collecting Institution

　　Article 9 The municipal government establishes the credit information center of enterprises （hereinafter referred to as “credit center”）， which collects the credit information of enterprises and provides the consultant service for the society according to provisions of these measures.

　　Article 10 The established evaluation institution shall be the limited liability company or joint-stock limited company， and shall be registered in the administrative department of industry and commerce according to law.

　　The establishment of the evaluation institution shall conform to the following conditions：

　　（1） conforming to the general conditions of incorporated legal person；

　　（2） having the professionals that are suitable to the business of credit evaluation and have the ability of archives administration， data handling and quantity analysis；

　　（3） having strict administrative system of information archives and measures of keeping secrecy and safety preventing.

　　Article 11 The evaluation institution established according to law may go through the following business：

　　（1） active or entrusted to collect the credit information of enterprises；

　　（2） providing the service of credit rank evaluating for enterprises according to collected credit information of enterprises；

　　（3） providing the service of inquiry of the credit information of enterprises；

　　（4） providing the consultant service of credit administration for enterprises；

　　（5） providing other service of credit evaluation and consultation of enterprises.

　　Article 12 Credit center shall provide the service of credit information according to the principle of compensated use， but must not collect charges for the credit information openly disclosed on the internet for an inquiry.

　　The concrete range of collecting charges of credit center shall be prescribed separately by the municipal government， and the standard of collecting charges shall be checked by the competent price authorities according to provisions.

　　The standard of collecting charges of the evaluation institution shall be decided by itself according to the market principle.

　　Chapter Ⅲ　Information

　　Collecting

　　Article 13 Credit center collects the following credit information of enterprises in this city：

　　（1） the credit information of enterprises held by the government authorities， judicial authorities and institutions that have the functions of administrative management in this city；

　　（2） the credit information of enterprises obtained in the financial activities by the financial institutions in this city；

　　（3） the credit information of enterprises obtained in the service activities by the trade organizations， units of public utility and intermediary organizations in this city；

　　（4） other credit information of enterprises that the government approves to collect.

　　Article 14 The evaluation institution may collect the credit information of enterprises by the following ways：

　　（1） collecting the credit information of enterprises from the credit center；

　　（2） collecting the credit information of enterprises directly from the enterprises， whose credit information is collected， or their targets of trade；

　　（3） collecting the credit information of enterprises from relevant reports of public media；

　　（4） other ways prescribed in laws and regulations.

　　The evaluation institution shall obtain the consent of enterprises to collect their credit information that is not opened to the public according to law.

　　Article 15 The governmental and judicial authorities have the duty to provide the credit information of enterprises prescribed by these measures for the credit center except those involving the nat

ional secrets. The concrete table of contents shall be prescribed separately by the municipal government.

　　The financial institution may provide the credit information of enterprises and must provide the information that enterprises evade the debts of the bank for the credit center.

　　Without the consent of the party， any unit or individual must not provide any third party with the information of other units or individuals obtained in their business activities unless the laws， regulations and these measures have separate provisions.

　　Article 16 The credit information collecting institution shall keep the original integrity of the information provided by the information providing unit in the activities of collecting credit information.

　　The information providing unit shall be responsible for the truth of the information that it provided for the credit center； If the information providing unit is the government authority， and the provided information directly comes from the enterprise， the enterprise shall be responsible for the truth of the information； The evaluation institution shall be responsible for the truth of the information collected by itself.

　　Article 17 The credit center shall collect and transfer the credit information of enterprises from the government authorities and financial institutions through the special net， and may also transfer the data through the public internet with the approval of the competent department of net safety.

　　Article 18 The credit information collecting institution shall be responsible for the maintenance and management of the database system and materials of credit information of enterprises， and shall renew the database of credit information of enterprises according to the collected credit in

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