Notice of the State Administration for Industry and Commerce on Strengthening the Application and Administration of the National Enterprise Credit Information Publication System

· Document Number：No. 25 [2018] of the State Administration for Industry and Commerce

· Area of Law： Industrial and Commercial Management

· Level of Authority： Departmental Rules

· Date issued：02-11-2018

· Effective Date：02-11-2018

· Status： Effective

· Issuing Authority： State Administration for Industry & Commerce

Notice of the State Administration for Industry and Commerce on Strengthening the Application and Administration of the National Enterprise Credit Information Publication System
(No. 25 [2018] of the State Administration for Industry and Commerce)
The administrations for industry and commerce and market supervision departments of all provinces, autonomous regions, and municipalities directly under the Central Government:
Since its official launch of the National Enterprise Credit Information Publication System (hereinafter referred to as the "Publication System"), the industry and commerce and market regulatory authorities have, according to the unified arrangements of the State Administration for Industry and Commerce ("SAIC"), taken the lead in promoting unified collection, publication, openness and sharing of enterprise-related information, tightened interim and ex-post regulation by depending on the Publication System, endeavored to raise the modernization level of the capability of market regulation and governance, and made significant achievements. For the purposes of strengthening the application and administration of the Publication System, maintaining safe, stable and efficient operation of the Publication System, and maximizing the basic role of the Publication System in supporting the reform of the business system and the reform of simplification of administrative procedures, delegation of powers, combination of decentralization and control, and optimization of services, you are hereby notified of the relevant issues as follows:
I. Fully recognizing the significance of strengthening the application and administration of the Publication System
The Publication System is a national enterprise credit information publication platform established with the approval of the State Council, a statutory platform for enterprises to submit and publish annual reports and material information, a search platform for the public to access enterprise credit information, a work platform for collaborative regulation and joint punishment by the government agencies at all levels, and an operating platform for the industry and commerce and market regulatory authorities to conduct interim and ex-post regulation.
Strengthening the application and administration of the Publication System is a practical measure to accelerate the building of the social credit system and effective support to establish and improve a mechanism of big data-aided scientific decision making and social governance, helpful to improve the credit restraint mechanism, regulate enterprise operations, make interim and ex-post regulation more scientific, accurate and timely, and solve insufficient law enforcement resources at low level, a lack of precision in regulatory law enforcement, the absence of enterprises' awareness of honesty and self-regulation, and significant for innovating the market regulation mechanism and creating a good business environment.
The industry and commerce and market regulatory authorities in all regions shall fully recognize the importance and urgency of strengthening the application and administration of the Publication System, use strengthening the application and administration of the Publication System as an important foothold to innovate on the regulatory mechanism, further the reform of the business system, and create a good business environment, take various measures for solid advancement, and provide more powerful support for tightening interim and ex-post regulation.
II. Accurately grasp the priority tasks for strengthening the application and administration of the Publication System
The comprehensive application and scientific administration of the Publication System shall be solidly advanced according to the overall requirements of "gathering at one website and sharing among three parties." "Gathering at one website" means that unified gathering and publication of enterprise-related information from government agencies and enterprises' annual reports and material information are achieved by depending on the Integrated Enterprise Credit Information Network Platform. "Sharing among three parties" means that services are provided for enterprises to voluntarily accept social supervision, accumulatively improve their creditability, and obtain more credit dividends, for government agencies at all levels to share enterprise-related information, achieve interactions in the work, and raise governance level, and for the public to search for and assess enterprise information and credit standings, reduce institutional transaction costs, and avoid dealing risks.
1. Promptly and comprehensively gathering enterprise-related information and promoting formation of precision credit personae of enterprises. The working mechanism for gathering enterprise-related information from government agencies shall be improved, the leading role of the industry and commerce and market regulatory authorities shall be maximized, and, according to the principle of "who generates information provides such information and is responsible therefor," enterprise-related information shall be gathered in an all-around manner and through various channels, so as to raise the general ratio of government agencies from which information is gathered and prompt the achievement of "gathering whatever should be gathered" and "publishing whatever should be published." It shall be adhered to that "who makes registration makes entries" and that "who processes cases makes entries," registration and recordation, movable mortgage registration, equity pledge registration, intellectual property right pledge registration, trademark registration, administrative punishment, random inspection and inspection results, joint punishment, summary registration, abnormal business directory, seriously illegal and dishonest enterprise list ("blacklist"), and other information arising out of legal performance of duties shall be gathered instantaneously, based on division of duties objection information shall be processed in a timely manner, and circulation of the data on moving in or out of enterprises, circulation and endorsement of cross-regional enterprise-related credit information, exchange of the data on objection to published information, issuance of objection to summary registration to lower levels, and other systems of the SAIC Integrated Data Platform shall be effectively linked together and used. Enterprises' annual reports and relevant information shall continue to be effectively published, more attention shall be paid to the quality of annual reports on the basis of consolidation of annual report filing ratios, the information of the publication of enterprises' annual reports and material information shall be tightened, and the primary responsibility of enterprises shall be enhanced, so as to accelerate the formation of dimensional personae of enterprises through credit information.
2. Accelerating the advancement of collaborative data sharing and effectively achieving precision regulation by government agencies. With consolidation and sharing of government information systems as an opportunity, the interconnection and integration of the Publication System with the information systems of other authorities shall be accelerated, so as to achieve the openness and sharing of the enterprise-related information in the Publication System among government agencies at all levels, remove the obstructions hindering the circulation of the data on the reform of simplification of administrative procedures, delegation of powers, combination of decentralization and control, and optimization of services, simplify and optimize the procedures for enterprises to handle matters, and reduce the cost for the people to engage in innovation and entrepreneurship. The duty of "dual notification" shall be practically fulfilled, enterprises whose scopes of business involve ex-post approval shall be notified of the approval and matters to and of which they are required to apply for the approval, the approval authorities shall be notified of enterprise registration information in a manner of precision push or platform push through the Collaborative Regulation Perform of the Publication System, and technological means of and administrative rules for warning, request and notification shall be established and improved. The functions of the Collaborative Regulatory Platform of the Publication System shall continue to be improved, and the achievement of connection of data and that of business in market regulation shall be promoted, so as to effectively support the implementation of "integrating certificates into one," "electronic business licenses," "separating permits from business license," "inspection of randomly selected entities by randomly selected inspectors and public disclosure of inspection results," and other reform measures.
3. Deeply integrating online regulation with offline regulation and solidly advancing precision resolution of critical problems. In consideration of the duties and tasks of routine regulation, by comparing and verifying the credit information of enterprises, the compliance with the laws and regulations, fulfillment of statutory responsibility and obligations, production and operations, and other information of local enterprises shall be placed under dynamic online and offline scrutiny and verification, so as to develop a work pattern featuring collaboration and mutual support between online regulation and offline regulation. By verifying the registration information, pledge and mortgage, information publication, and other information of enterprises and relating and comparing administrative licensing, administrative punishment, supervisory inspection, complaints and reports, referrals and appointment, analysis of big data, monitoring of public opinions, and other information, the leads to violation of laws and regulations by enterprises shall be discovered in a timely manner so as to promote precision governance and targeted regulation. The Memorandum on Joint Punishment shall be strictly implemented, all departments' lists of joint punishment measures shall be further reorganized, and the launch, implementation and feedback mechanisms of joint punishment shall be improved by depending on the Publication System, so as to form a closed loop of publication of dishonest enterprise lists, market access restrictions, job qualification restrictions, implementation of credit regulation, and feedback on punishment and prompt the achievement of the effective disposition of illegal and dishonest conduct.
4. Furthering and expanding application of data resources and practically promoting precision early warning of regulatory risks. A mechanism of scientific decision making and early warning of regulatory risks aided by comprehensive use of the data resources in the Publication System shall be established and improved, by depending on various enterprise-related information gathered in the Publication System, Internet data resources shall be effectively related, the research, prediction and early warning of the survival and development status, production and operations, and compliance risks of enterprises shall be boosted, and rules, methods, indicators and models of early warning of market regulatory risks shall be explored and established. Based on online monitoring and regulation, precision attention shall be paid to high-risk industries and fields and highly-frequent violation of the laws or regulations so as to improve the capability of sensing, predicting and preventing risk factors. Enterprises at higher risk levels shall be the priorities of regulation, a problem-oriented approach shall be adhered to, differentiated regulatory manners shall be used, the matters and frequency of local priority supervisory inspection shall be reasonably determined, particular attention shall be paid to making regulatory law enforcement more effective and precision, and the directing role of early warning of risks in regulation shall be used.
III. Effecting in an overall and effective manner the organization and implementation of strengthening the application and administration of the Publication System.
1. Establishing and improving supervisory inspection and appraisal mechanisms and ensuring powerful and orderly overall coordination and advancement. Specific plans for the implementation of the work of strengthening the application and administration of the Publication System shall be made, schedules, road maps, and responsible persons shall be specified, and all the tasks for the application and administration shall be specified, broken down and implemented level by level, so as to ensure the total coverall of the application of the Publication System and the absence of blind spots in the administration of the Publication System. The building of the urgency and inspection, appraisal and evaluation, and reward and punishment mechanisms for the work of strengthening the application and administration of the Publication System in the provinces (autonomous regions and municipalities directly under the Central Government) shall be strengthened, and the supervisory inspection of the whole process of strengthening the application and administration of the Publication System shall be tightened, so as to ensure effective implementation.
2. Establishing and improving a collaboration and cooperation mechanism and ensuring the comprehensive coverage of gathering of enterprise-related information. Local party committees and governments shall be promoted in attaching more importance to the operation, administration and use of the Publication System, and a collaboration and cooperation mechanism for the gathering, sharing and whole-process application of enterprise-related information shall be established and improved, so as to accelerate the comprehensive coverage of the gathering of enterprise-related information from government agencies. The responsibility for taking the lead and conducting the general work shall be vigorously fulfilled, a working mechanism and joint consultation rules featuring unified coordination and responsibility based on division of labor shall be established and improved, and the organization and coordination of the gathering of enterprise-related information from and the application and administration of the Publication System by the government agencies at the corresponding levels shall be strengthened. The functions of the Publication System shall be further improved and expanded, and collaboration and interaction, resource sharing, and seamless connection between all the relevant government agencies shall be heightened.
3. Establishing and improving a quality control mechanism and ensuring the accuracy and reliability of the data in the Publication System. The deployment of the functional module of examination of applicable data shall be accelerated to improve the accuracy of the gathered and published enterprise-related information and data. Data quality inspection shall be organized and conducted, data collection, transmission and pooling, conversion and monitoring, application and sharing, notification, and security management shall be effectively conducted, and the ratio of implementation of the data standards for the Publication System shall reach 100%. The openness to, sharing with, comparison with, and verification by sharing and exchange platforms and local government systems of the published data in the Publication System shall be advanced in a legal and orderly manner, and the interconnection between the Collaborative Regulatory Platform of the Publication System with local government affairs information systems shall be promoted, so as to create favorable conditions for improvement of the quality of the data in the Publication System.
4. Establishing and improving publicity and training mechanisms and ensuring the implementation of the application and administration work. By comprehensively utilizing radio, television, the press, the Internet, we media, and other dissemination media, in thematic videos, advertisement films, press conference, special coverage and columns in the press, and other various forms, the Publication System shall be introduced in an all-around and profound manner, so as to create a good environment in which the public learn about, use and rely on the Publication System. The training for the industry and commerce and market regulatory authorities and other government agencies in the application and administration of the Publication System shall be strengthened, the dynamic information on fulfillment of regulatory duties by all the authorities through the Publication System shall be grasped in a timely manner, coordination services, question and answer, and urging and promotion shall be intensified in a targeted manner, and the extensive recognition and deep application of the Publication System by the public shall be practically heightened.
State Administration for Industry and Commerce
February 11, 2018