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

formation of enterprises.

　　If finding the mistakes when accepting and transferring the credit information of enterprises， the credit center shall timely tell the information providing unit to correct them.

　　Article 19 The credit information collecting institution shall provide the information-collected enterprises with the inquiry service of their credit information. The information-collected enterprises shall take the license of industry and commerce for an inquiry from the credit information collecting institution.

　　Article 20 The information-collected enterprises， which think their credit information wrong， may apply to the credit information collecting institution for a correction.

　　After receiving the correction application of enterprises， the credit information collecting institution shall check it； If it is different from the original information provided by the information providing unit， the credit information collecting institution shall make a correction timely； If it is consistent with the original information provided by the information providing unit， the credit information collecting institution shall tell the enterprises to apply to the information providing unit for a correction.

　　The enterprises shall supply the written application of correcting information to the information providing unit within 5 working days from the date that the credit information collecting institution tells them. The information providing unit shall issue a written reply within 10 working days from the date of receiving the application of correcting information of enterprises.

　　Article 21 For the credit information that enterprises apply to the information providing unit to correct， the credit information collecting institution shall deal with it according to the written reply of the information providing unit； If the information providing unit doesn‘t reply beyond the deadline， but enterprises still consider the information wrong， they can supply a written objection report. The credit information collecting institution shall put the objection report into the credit information of enterprises.

　

　During enterprises applying for a correction of the information， the credit information collecting institution must not announce the objection information to the outside. If enterprises don‘t supply the application of correcting information to the information providing unit beyond the deadline， it will be considered that enterprises have no objection to the information.

　　Article 22 The credit information collecting institution shall keep a record of using the credit information of enterprises， and shall preserve the record for 2 years from the time of its coming into being.

　　The use record of the credit information of enterprises shall include the whole record of the time and the target that the credit information of enterprises is used.

　　Chapter Ⅳ　Information　Disclosure

　　Article 23 The following credit information of enterprises collected by the credit center may be opened to the public by the internet or other ways：

　　（1） the basic conditions of enterprises： name， domicile， legal representative， type， scope of business， registered capital， etc.

　　（2） the results of enterprises‘ reporting to the government for the examination， approval， registration， identification and annual check；

　　（3） the record of judgments and adjudications of civil， criminal and administrative lawsuits and adjudications of commercial arbitration that have effect of law on enterprises；

　　（4） the record of major administrative punishments that have effect of law on enterprises， such as order to suspend production or business operation， revocation of　a　permit　or　license， fine of great amount or confiscation.

　　The information， disclosed by the credit center because of such information-collected enterprises‘ illegal activities as evasion or avoidance of tax duties， smuggling and cheating of foreign exchange， evasion of debts of the bank and economy fraud， shall include the name， legal representative， person mainly liable， illegal matters， date of the punishment and concrete punishments of the punished enterprise.

　　Article 24 The following information of enterprises collected by the credit center shall be disclosed to the relevant authorities of the government according to provisions of these measures：

　　（1） the financial position of enterprises‘ operation；

　　（2） the condition of enterprises‘ recruitment；

　　（3） the taxes paying and social insurance paying of enterprises；

　　（4） the relevant materials issued when enterprises submit to the authorities of the government for examination， approval， registration and authentication.

　　（5） the basic conditions of working and studying experience of the legal representative， director and higher management of enterprises.

　　The credit center shall obtain the consent of the information-collected enterprises to disclose the credit information of enterprises prescribed in the preceding paragraph to other units and individuals.

　　Article 25 The credit center shall disclose the credit record of each enterprise separately， and shall not concentratively disclose the information of the same kind of different enterprises.

　　The credit center shall equally disclose the credit information of enterprises， and shall openly disclose the information of all enterprises according to the unified standard.

　　Article 26 The governmental authorities‘ inquiry of the credit information of enterprises prescribed in Article 24 of these measures shall be based on one of the following cases， and shall be approved by the person in charge of the authorities：

　　（1） implementing the examination， approval， registration and authentication over enterprises according to law；

　　（2） finding out and punishing the illegal acts of enterprises；

　　（3） other conditions that are necessary to inquire for the supervisions over the operations of enterprises according to law.

　　A

rticle 27 For the information of enterprises that may be disclosed openly according to law， the authorities of the government shall disclose it by themselves through the internet， press media or other ways according to the provisions in Article 25 of these measures， unless the same administrative act of the same governmental authority involves more than two enterprises.

　　For the credit information of enterprises owned by or obtained from the credit center， the officials of the governmental authorities shall not disclose it openly or provide it for other units or individuals without an approval.

　　Article 28 The evaluation institution may disclose the information of the information-collected enterprises to their trade objects or planned ones， but the information that the information-collected enterprises demand to keep secret is excluded.

　　The evaluation institution shall obtain the consent of the information-collected enterprises to disclose the information that they demand to keep secret.

　　It is considered to be a consent referred to in the preceding paragraph if the information-collected enterprises entrust the evaluation institution to collect the credit information.

　　Article 29 Enterprises may decide the range and way of the disclosure of their credit information by themselves unless laws， regulations and these measures have separate provisions.

　　The joint-stock limited company shall disclose the information according to the provisions of Company Law of the People's Republic of China， and the listed joint-stock limited company shall disclose the information according to relevant provisions of the supervision and administration institution of securities besides Company Law of the People's Republic of China.

　　The trade organization may prescribe the range and way in which the members of the trade organization disclose the credit information of enterprises in the form of trade convention.

　　Article 30 The longest time limit of the disclosure of enterprises‘ credit information shall be decided according to the following provisions：

　　（1） The longest time limit of the record that the enterprise is canceled or its business license is revoked is 5 years；

　　（2） The longest time limit of the bankruptcy record of enterprises is 10 years；

　　（3） The longest time limit of the record of enterprises‘ evasion of debts is 10 years；

　　（4） The longest time limit of the record of the punishment that the legal representative， director， primary stockholder or other higher management is prohibited to go through some trade is 2 years after the prohibiting time limit is over；

　　（5） The longest time limit of the record of administrative and criminal punishment is 3 years unless laws， regulations and rules have separate provisions.

　　The time limit of the disclosure of enterprises‘ credit information shall be counted from the date when the information is disclosed first unless the preceding paragraph has separate provisions.

　　Chapter　Ⅴ　Credit Rank Evaluating

　　Article 31 The evaluation institution may evaluate the credit state or rank of enterprises by itself or according to the entrustment of enterprises or other people.

　　The evaluation institution shall make a report of credit evaluation objectively and justly according to its evaluation standard.

　　The credit center must not evaluate the credit state or rank of enterprises or make other subjective evaluation.

　　Article 32 The evaluation standard of the evaluation institution shall be made according to

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