[Home] [Databases] [WorldLII] [Search] [Feedback] Laws of the Jilin Province

You are here:  AsianLII >> Databases >> Laws of the Jilin Province >> Measures of Jilin Province to Administer the Code for Institutional Frameworks

[Database Search] [Name Search] [Noteup] [Help]

Measures of Jilin Province to Administer the Code for Institutional Frameworks

(Promulgated by Decree No.139 of the Jilin Provincial People' s Government on April 28, 2002)

Article 1. These Measures are formulated for the purposes of strengthening the administration and supervision over the code for institutional framework, reflecting the related information of the institutional frameworks exactly, giving play to the code in social administration, in accordance with the related regulations of the state and in the light of the actual circumstances of this province.

Article 2. The "institutional frameworks" used in these Measures refer to the state organs, enterprises, institutions and social organizations which have legal personality, and the temporary institutional frameworks established according to law and have the contacts of economic activities.

The "code for institutional frameworks" (hereinafter referred to as the code) used in these Measures means the statutory authentication code, the only and consistent code throughout the country, given to every institutional framework, according to the making-up rules of national code.

Article 3. The institutional frameworks within the administrative divisions of this province shall conduct the code registration and apply for the code certificates pursuant to these Measures:

The code certificate is the legal credence of the code.

Article 4. The endowment, conferment, supervision and administration of the code shall be implemented by the municipal administrative competent departments of quality and technical supervision at the county level and upwards.

Within their respective duties, other relevant departments of the people' s governments at the county level and upwards should cooperate with the municipal administrative competent departments of quality and technical supervision, to do well the work of code utilization.

Article 5. The institutional frameworks applying the code should report and deliver the following documents and materials to the administrative competent departments of quality and technical supervision at the same level (departments under the central government should report and deliver to the provincial administrative competent department of quality and technical supervision) within 30 days since the date of being approved to register or being authorized establish:

(1)Application form of code;

(2)Business Licence of enterprises;

(3)Approval documents of the establishment of state organs and institutions;

(4)Social organizations' certificates of registration; and

(5)Other certificate materials regulated by the state and this province.

Article 6. The administrative competent departments of quality and technical supervision should examine within 5 working days since receiving the documents and materials stipulated in said Article 5 which are reported and delivered by the institutional frameworks. After passing the examination, they shall be endowed with the code and conferred the code certificates; those failing to conform to the regulated conditions shall not be endowed with the code, and shall be given a written notice to the applying frameworks for explanation.

Article 7. The institutional frameworks, which established before these Measures promulgated and haven' t applied for code certificates, should go to the administrative competent department of quality and technical supervision at the same level to transact code registration within 30 days as of the date of the promulgation of these Measures.

Article 8. The code certificate including a reserved copy and a duplicate copy, the reserved copy and the duplicate copy have the coequal legal validity.

Article 9. The institutional frameworks shall be encouraged to use the information card of electronic intelligence for institutional framework. The information cards shall be managed unifiedly all over the province.

Article 10. No units and individuals shall be allowed to alter, forge, lend or attorn the code certificates.

Article 11. When their names, residences, the nature of institutional frameworks have changed, these institutional frameworks should conduct the alteration procedures, exchange and receive the code certificates to the administrative competent departments of quality and technical supervision which issued the certificate, holding the documents of approval and alteration within 30 days since the date of alteration.

The institutional frameworks conduct the alteration registration, change the code certificates, their codes shall keep invariant.

Article 12. In regard to those institutional frameworks being concluded in accordance with laws, the administrative competent authorities of the people' s governments at the county level and upwards, which are responsible for approval of concluding these institutional frameworks, should inform timely the original administrative competent departments of quality and technical supervision, which endowed and conferred the code certificates, to conduct the canceling registration of the code certificates, the administrative competent departments of quality and technical supervision should check the relevant canceling certificate, go through the procedures of canceling registration. Those without the canceling certificates shall not be given the procedures.

As soon as the code is cancelled, it should not be endowed and used by other institutional frameworks again.

Article 13. The administrative competent departments of quality and technical supervision at the county level and upwards should notice the departments of using code certificates about the circumstances of transacting and canceling code certificates regularly.

Article 14. In regard to those institutional frameworks losing or damaging code certificates, they should apply for conferring the certificates to the original administrative competent departments of quality and technical supervision, which conferred the certificate formerly.

Article 15. The code certificate shall be effective within 4 years as of the date of endowment. In regard to those certificate materials institutions of which the validity period is less than 4 years, the validity period of the code certificates should take the validity period of the certificate materials as the criterion. Institutional frameworks should go to the original administrative competent departments of quality and technical supervision, which conferred the certificates, to go through the procedures of changing the certificates, holding the reserved copy and duplicate copy within 30 days before the expiration of the validity period.

Article 16. The administrative competent departments of quality and technical supervision should examine and verify the documents (certificates) submitted by institutional frameworks within 5 days since receiving the application for changing certificate. Those tallying with the conditions shall be conferred new code certificates, and be taken back the original ones at the same time; to those failing to tally with the conditions, the applying frameworks shall be given the explanation in a written form.

Article 17. The code certificate shall be an important voucher for institutional frameworks to participate in social and economic activities, no units or individuals may take over, detain or damage it illegally.

Article 18. After being approved by the provincial people' s government, the provincial administrative competent department of quality and technical supervision may organize to carry out the work of checking the certificate forms within the validity period.

Article 19. The provincial administrative competent department of quality and technical supervision should provide the service of code information. The data banks of code administration established by the administrative competent departments of quality and technical supervision shall be supply inquiry service for institutional frameworks and individuals.

All the units or individuals making use of the code information must abide by the relevant regulations of information management of the state.

Article 20. In regard to the institutional frameworks in violation of the provisions of these Measures and having any of the following behaviors, the administrative competent departments of quality and technical supervision should instruct them to correct within a prescribed time limit. Those failing to correct within the prescribed time limit shall be given a warning and may be imposed a fine of RMB£¤ 500 to 1000:

(1)Not to go through the registration procedures of applying for, receiving, changing or conferring a code certificate in accordance with regulations; and

(2)Not to apply for the code certificate additionally after it being damaged or lost.

Article 21. In regard to those institutional frameworks which forge, alter, lend or attorn code certificate forms, or using others code certificate forms, the administrative competent departments of quality and technical supervision should instruct them to correct within a prescribed time limit, take over their forged, altered code certificate forms, and should give them the punishment according to the following regulations, where a crime is constituted, the offender shall be investigated for the criminal responsibilities:

(1)In regard to the illegal behaviors of non-management nature, they shall be imposed a fine of RMB £¤ 500 to 1000; and

(2)In regard to the illegal behaviors of management nature, and those having illegal gains and the circumstances are slight, they shall be imposed a fine of RMB £¤ 5000 to 10000, and where the circumstances are serious, they shall be imposed a fine of RMB £¤ 10000 to 30000; those without illegal gains and their circumstances are slight shall be imposed a fine of RMB£¤ 1000 to 5000, and where the circumstances are serious, they shall be imposed a fine of RMB £¤ 5000 to 10000.

Article 22. To those working personnel in charge of code management but abusing their powers, neglect their duties, indulge in malpractice, their work units shall give them disciplinary sanctions according to law; and where the circumstances are serious and a crime is constituted, the criminal responsibility shall be investigated for according to law.

Article 23. Having any of the following behaviors, the litigants may apply for an administrative reconsideration or bring an administrative suit according to law:

(1)Thinking it tallies with the conditions regulated by these Measures, but the administrative competent department of quality and technical supervision fails to endow the code and confer the certificate;

(2)Those exceed the time limit regulated by these Measures, the administrative competent department of quality and technical supervision fails to implement the registration and examination according to law, or explain the reasons to the applying frameworks; and

(3)Those disagree to the disciplinary sanctions.

Article 24. These Measures shall become effective as of May 20, 2002.