Decree of the People’s Government of Jiangsu Province No. 38 The Interim Measures of Jiangsu Province on Administration of Enterprise Credibility Information Collection, discussed and adopted at the Ninety-eighth Executive Meeting of the Provincial People’s Government on September 11, 2007, are hereby promulgated and shall enter into effect as of November 1, 2007.                                                                     Governor ：Liang Baohua September 13, 2007 Interim Measures of Jiangsu Province on Administration of Enterprise Credibility Information Collection Chapter I  General Provisions Article 1 These Measures are formulated in accordance with the relevant laws and regulations, in light of the specific situation of this Province and for the purpose of promoting and regulating enterprise credibility information collection, improving enterprise credibility management system, creating social credibility environment, safeguarding social economic order and pushing forward the construction of Credible Jiangsu.   Article 2 “Enterprise Credibility Information Collection” as used in these Measures refers to the activities conducted by the enterprise credibility information collection agencies (hereinafter referred to as the credibility agencies) of collecting and processing enterprise credibility information and providing credibility products such as enterprise credibility research, evaluation or grading report. “Enterprise credibility information” as used in these Measures refers to the information formed by an enterprise in its production, operation and service activities which can be used to analyze and determine the credibility of the enterprise.   Article 3 These Measures shall apply to enterprise credibility information collection, processing, utilization and supervision and administration within the administrative region of this Province.   Article 4 The credibility administration organ under the Provincial People’s Government shall be responsible for guiding, supervising and administering the work of enterprise credibility information collection within the whole province. The credibility administration organ under the people’s governments of cities divided into districts shall be responsible for guiding, supervising and administering the work of enterprise credibility information collection within their respective administrative regions. The other relevant departments of the Provincial People’s Government and the people’s governments of cities divided into districts shall, according to their respective functions and duties, coordinate efforts to do well their work in guiding, supervising and administering the work of enterprise credibility information collection.   Article 5 Franchised operation shall be implemented for enterprise credibility information collection. The measures for granting franchises shall be formulated by the provincial credibility administration organ, and reported to the Provincial People’s Government for approval.   Article 6 The credibility agencies shall collect enterprise credibility information through legal means, record credibility information objectively, and produce enterprise credibility products scientifically and fairly.   Chapter II  Collection of Enterprise Credibility Information Article 7 The enterprise credibility information includes the following contents: (1) identification information: mainly referring to the name, address, economic type, legal representative, registered capital, shareholders, investment, business scope, franchised products of the enterprise; (2) credit information: mainly referring to the enterprise’s information of honoring a credit agreement with a financial organ; (3) public information: mainly referring to the records of an enterprise’s financial situation, tax payment, quality security, import and export, social insurance, labor force, wage payment, work safety, environmental protection and payment for public utility service, and other information relevant to enterprise credibility controlled and made public according to law by the administrative organ, the judicial organ or the organization which performs public administration duties;   (4) other information relevant to enterprise credibility.   Article 8 The public credibility information centers set up by the Province and cities divided into districts shall be responsible for the construction of the provincial enterprise basic credibility information data base and information system, collecting processing and releasing enterprise credibility information, realizing information exchange and sharing between government departments, and providing information inquiring services.   Article 9 The administrative organs, the judicial organs, the organizations which perform public administration duties, public utility units and trade organizations shall promptly report the enterprise credibility information with correctness and integrity to the public credibility information center, with exception of the information concerned with State secrets and commercial secrets. The scope, time, method and format for the information supply shall be reported to the Provincial People’s Government for determination after the provincial credibility administration organ discusses with the relevant information supply units. The enterprise basic credibility information data base may exchange information data with other data bases. The use of the data obtained through exchange shall be conducted in compliance with the relevant provisions of the State.   Article 10 The credibility agency may obtain enterprise credibility information through the public credibility information center. The credibility agency may collect enterprise credibility information independently. It is forbidden to collect enterprise credibility information through fraud, stealing, duress, invasion by means of computer network or other improper means. The credibility agency shall promptly renew and maintain the information, and shall not make up or tamper with the enterprise credibility information. The information provider shall guarantee the objectiveness, authenticity and correctness of the information it provides.   Chapter IIIProcessing and Use of Enterprise Credibility Information Article 11 The credibility agency shall work out the enterprise credibility report or enterprise credibility evaluation report based on the enterprise credibility information. The credibility agency shall work out the credibility evaluation report based on scientific and reasonable evaluation index systems and standards to ensure the fairness of the evaluation result.   Article 12 The credibility agency shall obtain consent from the enterprise whose credibility information has been collected for providing or using the enterprise’s credibility information or the credibility report or credibility evaluation report about that enterprise. Where laws, regulations and rules provide otherwise, those provisions shall prevail. The credibility agency shall not disclose the enterprise credibility information or provide enterprise credibility report or enterprise credibility evaluation report to any other unit or individual without authorization.   Article 13 The enterprise credibility report and the enterprise credibility evaluation report provided by the credibility agency may be used by the customers as reference for determining the credibility of the enterprise whose credibility information has been collected.   Article 14 The credibility agency shall provide the following information inquiry services to the enterprise whose credibility information has been collected according to its requirement: (1) the credibility information of the enterprise and the sources of the information; (2) the customers who obtain the enterprise’s credibility report or credibility evaluation report.   Article 15 Stipendiary services shall be carried out for enterprise credibility information collection. The charge standard for provision of enterprise credibility report and enterprise credibility evaluation report by the credibility agency shall be determined by the provincial competent pricing department in conjunction with the provincial credibility administration organ. Where the judicial organ or the administrative organ needs to use the enterprise credibility information in the process of handling a case or administration, it may inquire of the credibility agency about the information free of charge.   Article 16 Enterprises and other organizations are encouraged to use credibility products to examine and verify the credibility of the other party in activities such as project cooperation and development, commercial investment, commercial purchase and making operation decisions.   Article 17 The administrative organs, the operation organs of administrative affairs and other organizations which perform the public administration duties shall require the other party in administration to provide credibility products in activities such as government purchase, public financial projects tendering, engineering projects (equipment) tendering and bidding and qualification or quality certification.   Article 18 The credibility agency shall establish strict management system and adopt necessary technical measures to ensure the operation safety of the enterprise credibility information system and the safety of the information.   Article 19 In the process of credibility information collection, the credibility agency bears the obligation to keep confidential the enterprise credibility information that concerns trade secrets and no provision of credibility information shall be made to any unit or individual unless otherwise provided by laws and regulations or agreed upon by the enterprise whose credibility information is collected. Where the credibility agency discovers important information vital to state interest and public security in the process of information collection and credibility products production, it shall take correspondent security measures, and promptly report to the credibility administration organ and the relevant departments.   Article 20 If the credibility agency is relevant to the enterprise whose credibility information is collected in terms of assets, or has other interest in the enterprise, which may affect the fairness of its credibility information collection activity, the credibility agency shall not provide credibility products related to the credibility of that enterprise.   Chapter IVHandling of Disputed Information Article 21 Where the enterprise whose credibility information is collected or a customer considers that there is a mistake in the enterprise’s credibility information, it/he may raise a written application on the dispute to the credibility agency and require for correction of the mistake. The applicant on the dispute shall provide relevant evidence for the disputed contents.   Article 22 Where the disputed information is collected independently, the credibility agency shall, within 20 days upon receiving the application on the dispute, handle the situation according to the following provisions: (1) where it is necessary to correct the disputed information after verification, it shall correct it promptly and inform the applicant on the dispute and the enterprise whose credibility information is collected; (2) where the disputed information needs not to be corrected after verification or can not be verified, the disputed information may not be corrected, but the applicant on the dispute shall be informed. The disputed information which can not be verified shall not be disclosed. Where the disputed information is not collected independently, the credibility agency shall notify the information provider to carry out verification. The information provider shall make a reply within 10 days. The disputed information shall not be disclosed and used within the period of time when it is being dealt with. Article 23 Where the unit or the individual who provides enterprise credibility information finds out that there is a mistake in the enterprise credibility information it provides, it shall promptly notify the credibility agency in writing. The credibility agency shall correct the relevant information within 2 days upon receiving the notification.   Article 24 Where the enterprise credibility information is corrected, the credibility agency shall provide a rectified enterprise credibility report free of charge to the enterprise whose credibility information is collected, and promptly rectify the credibility products made out of the disputed information.   Article 25 Where the credibility agency fails to handle the application on the dispute within 20 days upon receiving it, the applicant on the dispute may apply to the credibility administration organ for it to handle the application on the dispute. The credibility administration organ shall work out the handling decision within 30 days upon receiving the application.    Chapter VSupervision and Administration Article 26 The credibility agency shall report the following matters to the credibility administration organ for record: (1) the approaches and standards for collecting, processing and using enterprise credibility information and its business operation rules; (2) rules for guaranteeing the operation safety of the enterprise credibility information system; (3) other matters that need to be reported for record according to law. The credibility administration organ shall keep trade secrets for the credibility agency.   Article 27 The credibility agency shall make known to the public the following matters through means such as making public notice in its business place and accept supervision from the society: (1) the regulations on enterprise credibility information collection and the time limit for disclosure of the information; (2) the way to obtain the enterprise credibility report and enterprise credibility evaluation services; (3) charge standards for the enterprise credibility report and the enterprise credibility evaluation services; (4) procedures for handling disputes; (5) other matters that need to be made public according to law.   Article 28 The credibility agency shall, in the first quarter of every year, report to the credibility administration organ the particulars about the enterprise credibility information collection business of in the previous year and the particulars about the business adjustment for the current year.   Article 29 Where a major operation breakdown occurs to the enterprise credibility information system or the credibility information is seriously leaked, the credibility agency shall promptly deal with it and report to the credibility administration organ and other relevant departments.   Article 30 The trade organization of the credibility service industry is encouraged to formulate and promote trade norms, provide business guidance and service for its members and put into play self-discipline within the trade.   Article 31 The credibility administration organ may, in conjunction with the trade organization of the credibility service industry, establish the mechanism for feedback on the use of the credibility products, so as to learn about the market’s appraisal and demand on the credibility agencies and the credibility information collection activities and guide the development of the credibility service industry.   Article 32 Where the operation of a credibility agency ceases due to disbandment, dissolution or bankrupt, the enterprise credibility information data base shall be dealt with in the following ways: (1) transferred to the provincial credibility administration organ; (2) transferred to other legal credibility agencies under the supervision of the provincial credibility administration organ; (3) destroyed under the supervision of the provincial credibility administration organ.   Chapter VILegal Liabilities Article 33 The credibility agency which, in violation of the provisions in these Measures, commits any of the following acts shall be ordered to make correction and given a warning by the credibility administration organ, and a fine of not less than RMB1,000 yuan but not more than RMB10,000 yuan may be concurrently imposed: (1) failing to record the enterprise credibility information promptly and correctly; (2) failing to provide inquiry service to the enterprise whose credibility information is collected; (3) failing to make the report for record as provided in Article 26 or failing to report relevant particulars as provided in Article 28; (4) failing to make public relevant matters as provided in Article 27 of these Measures.   Article 34 The credibility agency which, in violation of the provisions in these Measures, makes up or tampers with the enterprise credibility information or fails to handle the disputed information according to the provisions shall be ordered to make correction and given a warning by the credibility administration organ, and a fine of not less than RMB5,000 yuan but not more than RMB20,000 yuan may be imposed concurrently; where damage is made, it shall assume civil liability according to law; where a crime is constituted, it shall be investigated for criminal liability:   Article 35 The credibility agency which, in violation of the provisions in these Measures, commits any of the following acts shall be ordered by the credibility administration organ to make correction and a fine of not less than RMB5,000 yuan but not more than RMB30,000 yuan may be imposed concurrently; where damage is made, it shall assume civil liability according to law; where a crime is constituted, it shall be investigated for criminal liability: (1) collecting the enterprise credibility information through fraud, stealing, duress, invasion via computer network or other improper means; (2) providing the enterprise credibility report and the enterprise credibility evaluation report or disclosing the enterprise credibility information to other unit or individual without authorization; (3) disclosing the trade secrets of the enterprise whose credibility information is collected in its credibility information collection;   Article 36 The administrative organ, the organization which performs public administration duties and their staff members who, in violation of the provisions in these Measures, cause loss to the enterprise due to its failure to provide the enterprise credibility information, provision of fake information or failure to handle the disputed information promptly shall be criticized in a circular by the unit they belong to or the superior organ; the person directly in charge and the person directly responsible shall be given the sanctions of disciplinary warning, a demerit recorded or a grave demerit recorded according to the seriousness of the situation.   Chapter VIISupplementary Provisions   Article 37 The enterprise basic credibility information data base shall collect the credit information in compliance with the relevant provisions of the State. The credibility collection of credit agency shall conduct the enterprise credibility information collection in compliance with these Measures.   Article 38 These Measures shall enter into effect as of November 1, 2007.