Laws of the Guangdong Province

The Administrative Measures of Shenzhen Municipality on Institution Codes

 (Promulgated by Decree 33 of Shenzhen Municipal People' s Government on September 17,1994; promulgated after revision by Decree 141 of Shenzhen Municipal People' s Government on April 28,2005)

Article 1  In order to strengthen the administration to institution codes in Shenzhen Municipality, advance the basic construction of informationalization, raise the level of modern management, and improve the system of supervisory management, these Measures are formulated according to relevant national regulations.

Article 2  The institution codes mentioned in these Measures (hereinafter referred to as the codes) refer to the unique and permanent legal signs which are made according to the national standards, and are granted to the institutions of this Municipality to use in the national scope.

The codes certificate shall be the legal credence of the code signs, including paper certificates and electronic certificates which shall have the same validity.

Article 3  The municipal supervisory department on quality and technology (hereinafter referred to as the competent department) shall take charge of the work concerning codes in this Municipality, and shall fulfill the following functions and duties:

1. implementing the laws, regulations, rules and standards of codes;

2. organizing and coordinating the management and application of codes;

3. verifying and issuing the codes and code certificates;

4. establishing a database for managing codes, and providing the services of code information;

5. carrying out supervision and check periodically to the implementation of code system, and guaranteeing that each institution code is unique, and that relevant information is correct and updated; and

6. other functions and duties stipulated by laws, regulations and rules.

The relevant departments of industry and commerce, civil affairs, trade unions and institution establishment shall assist the competent department in code management according their respective functions and duties.

Article 4  The following institutions shall carry out code registration and get code certificates according to these Measures:

1. the national authorities and public institutions which are approved to be established by the department of institution establishment;

2. the operational units registered by the competent department of enterprise registration;

3. the social groups registered by the administrative registration department of nongovernmental organization, and the non-enterprise units run by local people;

4. the institutions of central authorities or foreign provinces or cities which are stationed in Shenzhen, and are approved and registered by relevant departments; and

5. other institutions approved to be established by relevant departments according to law.

Article 5 An institution shall register its code and get a code certificate at the competent department by the relevant approval or registration certificate and the National Application Form of Institution Codes within 30 days upon the date of it being approved to be established or registered.

Article 6 When an institution applies for a code or handles other formalities concerning the code, it shall ensure that all the materials and date provided are valid and legal.

Article 7  The competent department shall examine and verify the validity and legality of the document of establishment approval or registration approval which is submitted by an institution within 3 days. The competent department shall grant a code and issue a code certificate to the qualified institution, and shall turn down the application of unqualified institution and give reasons for the turning down in writing.

Article 8  If the matters of registered code change, the institution shall handle the affairs concerning the changing to the original certificate-issuing department by the document of approving or ratifying the changing within 10 days upon the approval date. The competent department shall register the changing within 3 days.

The code of an institution shall not change even if the institution changes its registration or code certificate.

Article 9 If an institution is terminated according to law, the original institution shall cancel its code, and turn back its code certificate to the original certificate-issuing department by the document of approving or ratifying the cancelling within 10 days upon the approval date.

The code which has been cancelled shall not be granted to another institution within 20 years.

Article 10  The valid period of code certificate shall be 4 years from the issuing date. If the valid period of an institution' s identification certification is shorter than 4 years, the valid period of its code certificate shall take that of its identification certification as standard.

The institution shall handle the formalities of changing its code certificate to the original certificate-issuing department by its code certificate and relevant materials within 30 days before the expiration date of the certificate.

Article 11 The institution shall apply for a new code certificate to the original certificate-issuing department in time if its code certificate is lost or damaged.

Article 12  The institution shall pay for the code certificate according to relevant national regulations when applying for a new code certificate , changing or renewing its certificate.

Article 13  It is forbidden to fabricate, alter, buy, sell, rent, lend and transfer the code certificate.

It is forbidden to use an invalid or cancelled code certificate.

Article 14  The departments of tax, industry and commerce, personnel, civil affairs, development and renovation, statistic, banking, labor and social security, public finance, economic and trade, public security, customs, quality and technology supervision, and check and quarantine shall use codes in their respective activities of operation and administration.

It is encouraged that administrative authorities, enterprises and public institutions popularize the application of codes in administration, and economical and trading activities.

Article 15  The administrative department which approves or ratifies an institution establishment shall provide the information to the competent department concerning the institution' s establishment, alteration and termination in time.

Article 16  The competent department shall establish and improve relevant systems, carry out electronic government affairs system, and publicize the matters of applying, changing and cancelling code on its website to facilitate applicants to raise applications by means of electronic data, shall share with other administrative departments the information in the database of code management, and shall improve the efficiency of handling affairs.

Article 17  Anyone who fails to apply, change, cancel or renew his code certificate in violation of the provisions of Article 5, 8, 9 or 10 of these Measures shall be ordered to make correction within a limited time by the competent department. Anyone who does not make correction within the time limit shall be imposed a fine of 300 to 1,000 yuan.

Article 18  If an institution violates the provisions of Article 13 of these Measures, the competent department shall confiscate its code certificate, and confiscate its illegal gains if there are any. If the circumstance is serious, the institution shall be imposed a fine of 5,000 to 50,000 yuan. If a crime is constituted, the institution shall be investigated for criminal responsibilities.

Article 19  Any working person of the competent department who abuses his powers or plays irregularities for favoritism shall be imposed to administrative penalty to his unit or superior authority. If the circumstance is serious and a crime is constituted, the person shall be investigated for criminal responsibilities by the judicial organ.

Article 20  If a party is not satisfied with the specific administrative activity, he may apply for administrative review or bring litigation to people' s court according to law.

Article 21  Small businesses of industry and commerce and partnerships shall take these Measures for reference when handling the code registration.