National Market Supervision System of Chattel Mortgage Registration Service

 2018-08-09  18


· Document Number:No. 34 [2018] of the General Office of the State Administration of Market Regulation

· Area of Law: Civil Law Enterprises

· Level of Authority: Departmental Rules

· Date issued:07-25-2018

· Effective Date:07-25-2018

· Issuing Authority: All Administrations

· Status: Effective

 

Notice of the General Office of the State Administration of Market Regulation (SAMR) on the Launch of National Market Supervision System of Chattel Mortgage Registration Service beforehand in Some Regions
(No. 34 [2018] of the General Office of the State Administration of Market Regulation)
To the administrations for industry and commerce of Beijing, Liaoning, Shanghai, Jiangsu, Zhejiang, Guangxi Zhuang Autonomous Region, Shaanxi, and Wuhan:
For the purposes of deepening the commercial system reform, and further promoting the information technology-based, standardized and convenient registration of chattel mortgage, the State Administration of Market Regulation (SAMR), in the spirit of Guiding Opinions of the State Council on Accelerating the Advancement of “Internet plus Government Services” (No. 55 [2016] of the State Council), developed and established the National Market Supervision System of Chattel Mortgage Registration Services (hereinafter referred to as “the System”), the pilot program of which was conducted in Beijing, Shanghai and Wuhan from May to July, 2018. According to the feedback of the pilot program, the current system is basically reasonable in process design, smooth in operation, and convenient in application, and it satisfies the basic conditions for nationwide launch and promotion. To further enable the work process and system application advancement, the SAMR is decided to launch the operation in your administration on August 31. You are hereby notified of the relevant matters as follows:
I. Work Objectives and Basic Principles
1. Work Objectives
The significant policy arrangements of “Internet plus government services” by the CPC Central Committee and the State Council shall be further pushed forward, the information technology-based approach shall be given to its full play to expand the width and depth of online registration of chattel mortgage, and extend the scope of online registration service, so as to achieve online application, online review, online publication and online search with respect to the registration of chattel mortgage. Furthermore, interconnections and resource sharing among different government levels and departments in different localities shall be strengthened to effectively resolve such problems as enterprises and the public “running errands” for business transactions.
2. Basic Principles
(1) Examination in accordance with the laws and regulations. When the System is applied for chattel mortgage registration, the county-level industrial and commercial or market regulatory authority in the place of the domicile of a mortgagor shall examine, register, and publish the materials submitted by a party involved in strict accordance with the Property Law, as required by the Measures for Chattel Mortgage Registration (Order No. 88 of the State Administration for Industry and Commerce).
(2) Equivalent effect for online and offline registrations. It is an easier way to use the System to make chattel mortgage registration, and the Chattel Mortgage Registration and other documents as examined and approved by the System have effects equivalent to those made on the site. The on-site registration method shall be retained while the online System is applied so that the parties involved can also choose to make chattel mortgage registration on the site at the registration authorities.
(3) Service-oriented approach. Focusing on serving the people, resolving the problems for enterprises and the public, and addressing the challenges facing government services, in accordance with the ideas of facilitating the parties involved, improving registration efficiency, and reducing registration costs, efforts shall be made to mobilize the country-level registration authorities, and establish an online government service system that is easy to use, fair and equitable, and of high quality and efficiency.
II. Main Content
1. Supporting work transition and advancing the application of the System. The transition work between the System and the former registration system shall be effectively completed. As from the launch of the System, for new registrations (including offline and online), data shall be processed by the System of the SAMR, and the registration information in the former registration system shall be modified or canceled through the former system. For such documents as Chattel Mortgage Registration (See Annexes), a modified text format shall be adopted.
2. Being proficient at applying the System and promptly providing review and registration services. The System shall be given to its full play, thorough knowledge of the process (including 1) An applicant files an application online; 2) the registration authority grants acceptance for review; 3) registration is made for what is qualified in the review (or rejection is made for what is disqualified in the review); 4) relevant information is published) shall be acquired, the enquiry from applicants and the public shall be responded to earnestly, and application for registration shall be handled efficiently and rapidly.
3. Promptly announcing and publishing the launch of, and ensuring easy access to the System. In order to ensure the integrity of chattel mortgage registration information and easy access, as from the launch of the System, the information on chattel mortgage registration shall be published through the System and the National Enterprise Credit Information Publication System. The information on chattel mortgage registration made through the System shall be collected by the National Enterprise Credit Information Publication System automatically, instead of separately; and the information of chattel mortgage registration made on site shall immediately, or under special circumstances, within 2 working days after the registration, be input into the system and published by competent registration authorities. The chattel mortgage registration data generated by the System shall be distributed on a regular basis, and shall be received and used by local authorities in accordance with relevant regulations.
III. Work Requirements
1. Strengthening leadership and conducting meticulous organization. The application of the System shall be vigorously advanced, and full-time persons shall be specified to be responsible for overall coordination; the transition from the old system to the new one shall be conscientiously made; and business training shall be vigorously provided, and business guidance shall be strengthened, so as to help the staff fully understand the significance of the information technology-based registration of chattel mortgages, fully grasp the relevant regulations, material specifications, and operational procedures, and effectively improve registration and service capabilities.
2. Strengthening publicity. Various media shall be leveraged to guide public opinion, social concerns shall be responded to in a timely manner, and a good atmosphere for the whole society to jointly advance the application of the System shall be responsively created. Active communication and coordination shall be conducted, mutual recognition, sharing and application of electronic data on chattel mortgage registration among relevant authorities shall be promoted, and authorities, enterprises, and other social members shall be procured to accurately understand and adapt to the changes in the means of chattel mortgage registration.
3. Strengthening monitoring and reporting in a timely manner. Upon receipt of the notice, local authorities shall, as early as possible, each specify a responsible person as the system administrator, and within 10 days report the name, title and contact information of the responsible person to the SAMR. The application information of system operation as well as the advice of applicants and public opinions shall be actively collected, a monitoring and reporting system shall be established and improved, issues concerning the improvements of system application shall be fed back to the SAMR, so as to further optimize the System. Other issues shall also be reported to the SAMR in a timely manner.
Annexes: 1. Application for Chattel Mortgage Registration
2. Chattel Mortgage Registration
3. Application for Modification of Chattel Mortgage Registration
4. Chattel Mortgage Registration Modification
5. Application for Chattel Mortgage De-Registration
6. Chattel Mortgage De-Registration
General Office of State Administration of Market Regulation
July 25, 2018