Interim Regulations on Enterprise Information Publicity
Interim Regulations on Enterprise Information Publicity
[Lexis China Comments]
According to the Decision of the State Council on Amending and Abolishing Certain Administrative Regulations (Order of the State Council of the People's Republic of China No. 777), this document has been amended.
Interim Regulations on Enterprise Information Publicity
Order of the State Council of the People's Republic of China No.654
August 7, 2014
The Interim Regulations on Enterprise Information Publicity adopted at the 57th executive meeting of the State Council on July 23, 2014 are hereby promulgated for implementation as of October 1, 2014.
Premier Li Keqiang
Interim Regulations on Enterprise Information Publicity
Article 1 The Interim Regulations on Enterprise Information Publicity (hereinafter referred to as the "Regulations") are formulated in order to guarantee fair competition, maintain enterprise integrity and self-discipline, normalize enterprise information publicity, intensify enterprise credit constraints, preserve transaction security, enhance government regulation efficacy and extend social supervision.
Article 2 For the purpose of the Regulations, the enterprise information refers to the information generated during production and operation activities of the enterprises registered at the industrial and commercial administrative department and the information generated by the government departments during execution of their duties which can reflect the status of the enterprises.
Article 3 The enterprise information must be authentic and be publicized in time. If any enterprise information to be publicized involves state secrets, national security or social public interest, such publicity is subject to approval by the secrets administration authority or national security authority. If any enterprise information to be publicized by the relevant departments of local people's government above the county level involves corporate trade secrets or personal privacy, such publicity is subject to approval by the superior competent department.
Article 4 The people's government of a province, autonomous region or municipality directly under the Central Government is in charge of the guidance on enterprise information publicity in its own administrative region and facilitation of establishment of the enterprise credit information publicity system of its administrative region according to the general requirements for establishment of the national social credit information platform.
Article 5 The industrial and commercial administrative department under the State Council is responsible for promoting and supervising enterprise information publicity and organizing the establishment of the enterprise credit information publicity system. The other relevant departments under the State Council will execute the work related to enterprise information publicity in accordance with the Regulations.
The related department of a local people's government above the county level executes enterprise information publicity in accordance with the Regulations.
Article 6 The industrial and commercial administrative department shall publicize via the enterprise credit information publicity system the following enterprise information generated by it during execution of its duties:
1.registered and archived information;
2.chattel mortgage registration information;
3.equity pledge registration information;
4.administrative penalty information; and
5.other information to be legally publicized.
The information specified in the preceding paragraph shall be publicized within 20 workdays since the date of generation of such information.
Article 7 The government departments other than the industrial and commercial administrative department (hereinafter referred to as the "other government departments") shall publicize the following information generated during execution of their duties:
1.information on grant, change and renewal of administrative licensing;
2.administrative penalty information; and
3.other information to be legally publicized.
Other government departments may publicize the information specified in the preceding paragraph via the enterprise credit information publicity system or another publicity system.
......
According to the Decision of the State Council on Amending and Abolishing Certain Administrative Regulations (Order of the State Council of the People's Republic of China No. 777), this document has been amended.
Interim Regulations on Enterprise Information Publicity
Order of the State Council of the People's Republic of China No.654
August 7, 2014
The Interim Regulations on Enterprise Information Publicity adopted at the 57th executive meeting of the State Council on July 23, 2014 are hereby promulgated for implementation as of October 1, 2014.
Premier Li Keqiang
Interim Regulations on Enterprise Information Publicity
Article 1 The Interim Regulations on Enterprise Information Publicity (hereinafter referred to as the "Regulations") are formulated in order to guarantee fair competition, maintain enterprise integrity and self-discipline, normalize enterprise information publicity, intensify enterprise credit constraints, preserve transaction security, enhance government regulation efficacy and extend social supervision.
Article 2 For the purpose of the Regulations, the enterprise information refers to the information generated during production and operation activities of the enterprises registered at the industrial and commercial administrative department and the information generated by the government departments during execution of their duties which can reflect the status of the enterprises.
Article 3 The enterprise information must be authentic and be publicized in time. If any enterprise information to be publicized involves state secrets, national security or social public interest, such publicity is subject to approval by the secrets administration authority or national security authority. If any enterprise information to be publicized by the relevant departments of local people's government above the county level involves corporate trade secrets or personal privacy, such publicity is subject to approval by the superior competent department.
Article 4 The people's government of a province, autonomous region or municipality directly under the Central Government is in charge of the guidance on enterprise information publicity in its own administrative region and facilitation of establishment of the enterprise credit information publicity system of its administrative region according to the general requirements for establishment of the national social credit information platform.
Article 5 The industrial and commercial administrative department under the State Council is responsible for promoting and supervising enterprise information publicity and organizing the establishment of the enterprise credit information publicity system. The other relevant departments under the State Council will execute the work related to enterprise information publicity in accordance with the Regulations.
The related department of a local people's government above the county level executes enterprise information publicity in accordance with the Regulations.
Article 6 The industrial and commercial administrative department shall publicize via the enterprise credit information publicity system the following enterprise information generated by it during execution of its duties:
1.registered and archived information;
2.chattel mortgage registration information;
3.equity pledge registration information;
4.administrative penalty information; and
5.other information to be legally publicized.
The information specified in the preceding paragraph shall be publicized within 20 workdays since the date of generation of such information.
Article 7 The government departments other than the industrial and commercial administrative department (hereinafter referred to as the "other government departments") shall publicize the following information generated during execution of their duties:
1.information on grant, change and renewal of administrative licensing;
2.administrative penalty information; and
3.other information to be legally publicized.
Other government departments may publicize the information specified in the preceding paragraph via the enterprise credit information publicity system or another publicity system.
......