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

the principles of science and just. The evaluation institution shall make the evaluation measures and interpret or explain it to the evaluated enterprise.

　　The evaluation measures of the evaluation institution shall include the explanation of evaluation procedure and standard and the systems of evaluating， reconsidering and tracking

of the credit rank， etc.

　　Article 33 The evaluation report made by the evaluation institution shall include the following contents：

　　（1） the basic conditions of the evaluated enterprise；

　　（2） the evaluation of credit state of the evaluated enterprise or the credit rank of the enterprise expressed in the form of the figure or letter；

　　（3） the measures on which the evaluation is based；

　　（4） the main information on which the evaluation is based；

　　（5） other contents that the standard of credit evaluation of the evaluation institution requires；

　　（6） other contents that the enterprise of entrusting an evaluation requires.

　　Article 34 The evaluation institution may accept the entrustment of the individual or enterprise to evaluate the credit of the enterprise.

　　When entrusted to evaluate the credit of the enterprise， the evaluation institution must not use the secret information of the evaluated enterprise unless the evaluated enterprise is the entrustment enterprise.

　　Article 35 The evaluation institution， according to the market demand， may evaluate the credit rank or make the corresponding macro analysis report of credit state for some market body， some trade， some area or some enterprise by itself on the basis of the evaluation standard of it， but the basis must be the lawful and open information.

　　Article 36 The evaluation institution shall disclose the report of credit evaluation that it is entrusted to make according to the entrustment agreement between the evaluation institution and the entrusting party.

　　The evaluation institution may issue the free or paid report of credit evaluation made according to Article 35 of these measures by itself， but shall provide the free relevant report for the evaluated body， trade， area or enterprise. The enterprise or individual that uses the report paidly must not provide the report of credit evaluation for other enterprises or individuals to use.

　　Article 37 The report of credit evaluation made by the evaluation institution is provided to the users only for a reference.

　　Chapter Ⅵ　Legal Responsibility

　　Article 38 If the credit center and its working staff commit any one of the following acts， the administrative departments of industry and commerce shall order them to remedy the situation， and the supervision department shall investigate and fix the administrative responsibilities of the relevant person liable：

　　（1） violating the provisions of these measures to collect and disclose the credit information of enterprises；

　　（2） arbitrarily amending the credit information of enterprises；

　　（3） refusing the information-collected enterprises to inquiry their information.

　　Article 39 If the evaluation institution violates the provisions of these measures and commits any one of the following acts， it shall be ordered to remedy the situation and be punished according to law by the administrative departments of industry and commerce； If causing grave damages to the parties， it shall bear civil responsibilities according to law：

　　（1） arbitrarily handling the evaluation affairs of enterprises‘ credit without a registration approved by the administrative departments of industry and commerce；

　　（2） collecting the credit information of enterprises that the law does not demand a compulsory open without the consent of enterprises；

　　（3） arbitrarily amending the credit information of enterprises provided by the information providing unit；

　　（4） disclosing the credit information or credit evaluation report of enterprises that the law does not demand a compulsory open without the consent of enterprises；

　　（5） disclosing the unconfirmed or false credit information of enterprises；

　　（6） violating the evaluation measures to change the credit rank of enterprises；

　　（7） refusing the informati

on-collected enterprises to inquire their credit information or refusing to provide the evaluation report for the evaluated enterprises.

　　Article 40 The enterprises and their working staff， who violated the provisions of these measures to disclose or provide the credit information of enterprises， shall bear civil responsibilities to the enterprises suffering a damage or the credit information collecting institution according to law.

　　The users of the credit information of enterprises and their working staff， who violated these measures to disclose the credit information of enterprises or use it beyond the using range， shall bear civil responsibilities to the enterprises suffering a damage or the credit information collecting institution according to law.

　　Article 41 If the administrative authorities and their officials violated these measures to use the credit information of enterprises or provide the false information， the supervision department shall circulate a notice of criticism jointly with the relevant competent departments， and shall investigate and fix the administrative responsibilities of the person directly liable.

　　Article 42 If having committed any one of the following acts， the credit information collecting institution shall be ordered to remedy the situation within the time limit and be punished by the municipal government competent department of safe administration of the computer according to law.

　　（1） utilizing the public internet to transfer the collected credit information of enterprises without an approval；

　　（2） not enacting and implementing the safe and administrative measures of information database.

　　Chapter Ⅶ　Supplementary Provisions

　　Article 43 The meanings of the following terms of these measures are：

　　（1） “Collecting of credit information” means the activities of the collecting， transferring， preserving， processing， reorganizing of enterprises‘ credit information；

　　（2） “Credit information collecting institution” means the credit center and the evaluation institution established according to these measures；

　　（3） “The evaluation institution” means an intermediary organization of legal person that is established according to these measures， collects the credit information of enterprises and provides the service of credit administration， consultation and evaluation of enterprises；

　　（4） “Credit information of enterprises” means the basic registration information and the commercial credit records of enterprises， and other information that may have effects on judging the credit state of enterprises.

　　Article 44 The collection of credit information and the evaluation of credit of the household of individual business， non-enterprise unit run by the local people and other intermediary organization shall be implemented referring to these measures.

　　The collection， evaluation and disclosure of credit information of legal representative， director and higher management of enterprises shall be implemented according to provisions of Administrative Measures of Shenzhen Municipality on Individual Credit Information Collecting and Credit Rank Evaluating unless these measures have separate provisions.

　　Article 45 These measures shall come into force as of January 1， 2003

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