Hubei Provincial Social Credit Information Management Regulations (Revised Draft) for Solicitation of Public Comments

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Notice on Soliciting Public Opinions on "Hubei Provincial Social Credit Information Management Regulations (Revised Draft)"

In order to further promote scientific lawmaking and democratic lawmaking, and to increase the quality of local legislations, the "Hubei Provincial Social Credit Information Management Regulations (Revised Draft)" is hereby released to publicly solicit opinion from the society. All sectors of the society are invited to actively participate, and please send opinions and suggestions to the Office of Regulations Work of the Standing Committee of the Provincial People's Congress; you could also log in to the “Solicitation of Comments on Draft Regulations” column on the Hubei People's Congress website to comment and submit opinions.

Mailing Address: Economic Regulations Division of the Office of Regulations Work of the Standing Committee of the Hubei Provincial People's Congress

Zip code: 430071 Phone: 027-87232248 87237541 (Fax) Email: srdjfc@163.com

General Office of the Standing Committee of the Hubei Provincial People's Congress

2017/1/23

Hubei Provincial Social Credit Information Management Regulations (Revised Draft)

Contents

Chapter I: General Provisions

Chapter II: Aggregation of Information

Chapter Three: Information Disclosures

Chapter IV: Use of Information

Chapter V: Information Security and the Protection of Rights and Interests

Chapter VI: Legal Responsibility

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of relevant laws and administrative regulations, together with actual conditions in this province, so as to standardize the management of social credit information, bring about sharing of social credit information, promote the establishment of a social credit system, preserve the security of social credit information security and Information Subjects' lawful rights and interests and create a social environment of trustworthiness.

Article 2: These Regulations apply to the aggregation, disclosure, and use of Social Credit Information, and the management activities thereof, within the administrative region of this Province.

Where laws and regulations have separate provisions for the management of Social Credit Information, follow those provisions.

Article 3: Social Credit Information as used in the Regulations, refers to data and materials that can be used to identify, the status of natural persons with full civil competency, legal persons' and other organizations' (hereinafter Credit Subjects), compliance with law and performance on agreements; and includes both Public Credit Information and Market Credit Information.

Public Credit Information refers to data and materials that may be used to identify Credit Subjects' credit status which is produced or acquired by State Organs, organizations authorized by laws or regulations to have public affairs management duties, or mass organizations (hereinafter Public Credit Information Providing Units) in the performance of their duties or provision of services.

Market Credit Information refers to data and materials that may be used to identify Credit Subjects' credit status, which is acquired by credit service establishments, industry associations, and other enterprises or public institutions, in the course of their production and business activities or in the provision of services.

"Credit Service Establishments" refers to intermediary service institutions that are lawfully established and engaged in credit appraisal, credit management inquiries, credit risk control and other relevant business activities.

Article 4: Management of Social Credit Information shall comply with the principles of legality, security, timeliness, and accuracy; and must not leak state secrets or violate commercial secrets and personal privacy.

Article 5: People's governments at the county level or above shall establish and complete guidance and leadership mechanisms, draft plans or implementation plans for establishment of the social credit system, clarify the working bodies and specialized personnel, ensure the costs for the work, and include Social Credit Information management efforts in the target responsibility evaluation system.

The development and reform departments of people's Governments at the county level or above are responsible for the management of Social Credit Information within that administrative region.

Other departments and organizations with credit information management duties are to complete the aggregation, disclosure, and application of Social Credit Information and other management work in accordance with their respective duties.

Article 6: The reform and development departments of provincial people's governments shall organize the establishment of a uniform Social Credit Information Services Platform throughout the entire province, and develop an interconnected and intercommunicating Social Credit Information Service System with other relevant departments organizations and areas through the convergence systems (汇集系统), to make it so that Social Credit Information is shared and used across departments, across fields, and across regions.

Under the guidance and supervision of the provincial people's governments' development and reform departments, the provincial Social Credit Information Center is responsible for the establishment, operation, and maintenance of the Provincial Social Credit Information Services Platform, for aggregating and managing Social Credit Information, and for providing relevant services such as for information disclosures, inquiries, sharing, and applications.

Article 7: State organs and their staffs shall perform their duties in accordance with law, raise the level of awareness regarding legal compliance and contract performance, and play an exemplary role in the construction of the social credit system.

Credit service establishments, industry associations, and other enterprises, public institutions and organizations shall comply with industry protocols on social credit and norms of professional ethics, to strengthen their own credit management and increase credibility.

The public is encouraged to observe self-discipline, increase awareness of creditworthiness, participate in creditworthiness education and credit supervision activities, and jointly advance the establishment of social credit.

Article 8: Radio, television, newspapers, Internet and other media shall promote and spread Social Credit Information through news reports, feature columns, public interest advertisements and other means, promoting a culture of creditworthiness, and creating a creditworthy public opinion and social environment.

Chapter II: Aggregation of Information

Article 9: Catalogued management is implemented in the aggregation of Public Credit Information.

The catalog of Public Credit Information is to be organized, drafted, and adjusted at appropriate times by the provincial people's government's development and reform departments, together with relevant departments, on the basis of the relevant State provisions and standards, and released to the public after approval from the provincial people's government.

Factors such as the content range, providing units, data format, scope of authority for use, aggregation procedures, and time limits and manner of disclosure for Public Credit Information, are to be provided by the provincial credit information catalogue.

Article 10: The following information on Credit Subjects shall be included in the Public Credit Information catalog:

(1) Registration information that reflects the Credit Subjects' basic circumstances in public administration and services;

(2) Information on administrative permits, administrative punishment, administrative compulsion, administrative designations, administrative inspections, administrative collections, administrative commendations, administrative payments received, and other administrative acts by administrative organs and organizations authorized by laws or regulations to have public affairs management duties, which reflect the credit subject's credit status;

(3) Information on effective judgments, rulings, mediation, and enforcement by people's courts, that reflects the credit subject's credit status;

(4) Information, produced or learned of by mass organizations in the course of performing their duties, on Credit Subjects' receipt of commendations and awards or participation in public interest or volunteer services;

(5) Other Public Credit Information that shall lawfully be included in the catalogue management.

Article 11: Based on relevant state provisions and standards, the provincial people's government's development and reform department, together with relevant departments, are to draft and improve technical specifications for credit subject codes, credit information data and credit information collection systems.

Public Credit Information provided to the provincial Social Credit Information Center shall comply with the technical specifications for the credit information data and credit information collection systems.

Article 12: Credit Service Establishments, industry associations, and other enterprises, public institutions, and organizations, shall follow the principles of truthfulness, objectivity, and completeness in collecting Market Credit Information in accordance with law.

Article 13: Enterprises and public institutions are encouraged to record their own credit information produced in the course of production, business and provision of services; and industry associations are encouraged to record members' credit information as needed for management and services, and establish membership credit archives and industry credit databases.

Credit subjects are encouraged to provide their own credit information to the provincial Social Credit Information Center in a lawful form, and take responsibility for the authenticity and accuracy of the information.

Article 14: Credit information providing units shall be responsible for the authenticity and accuracy of the information they provide, and must not alter or fabricate credit information.

The Provincial Social Credit Information Center lawfully aggregates the credit information collected by credit service establishments, industry associations, and other enterprises, public institutions, and organizations; and shall follow provisions or agreements to conduct a review of the information.

Article 15: The Provincial Social Credit Information Center shall complete efforts to compare and aggregate Social Credit Information it receives within three days; and where it is not compliant, give feedback to the credit information providing unit and have them resubmit it after review and handling.

Article 16: Social Credit Information must not be illegally aggregated by any unit or individual.

Credit service organizations must not aggregate the following information of natural persons, except as otherwise provided for by laws or regulations:

(1) Information on religious beliefs, genetics, fingerprints, blood types, illnesses, medical history and so forth;

(2) Information on income, savings, negotiable securities, commercial insurance, and real estate, and on the amount of taxes paid, except where written consent of that person is obtained.

Credit service establishments must not aggregate the credit information of legal persons or other organizations that laws and regulations prohibit the aggregation of.

Chapter Three: Information Disclosures

Article 17: Public Credit Information is released through means such as public announcements, authorized inquiries, and public affairs sharing.

Public Credit Information that involves natural persons is disclosed through real-name certified inquiries, authorized inquiries, and government affairs sharing; except where there are State provisions otherwise.

The methods of disclosure for Public Credit Information involving legal persons and other organizations are to be determined by the Public Credit Information Catalog.

Article 18: Open Public Credit Information shall be disclosed to the public through a Social Credit Information Services Platform and Public Credit Information Providing Units' platforms for the external release of information.

Where the Credit Subject consents to its release, or where State organs find that not releasing it would have a major impact on the public interest, Public Credit Information involving commercial secrets or individual privacy may be made open.

Article 19: Public Credit Information that is not open may be inquired into with the written authorization of the Credit Subject, and used in the agreed upon manner; the information must not be disclosed to third parties without his consent. Unless otherwise provided by laws and regulations.

The Provincial Social Credit Information Center shall draft and publish specifications for the release and inquiries into Public Credit Information; provide convenient inquiry services to the public through websites, mobile terminals, service portals, and other channels; and inquiry records shall be stored for three years from the date of the inquiry.

Article 20: As required for the performance of their duties,people's governments at the county level or above and relevant departments and organizations, may lawfully share the non-public Public Credit Information aggregated by the Provincial Social Credit Information Center.

Industry associations and credit service establishments may, based on agreements signed by the provincial development and reform department, Public Credit Information aggregated by the Provincial Social Credit Information Center; the written consent of the Credit Subject shall be obtained for sharing of non-open Public Credit Information.

Information sharing and data exchanges between the Provincial Social Credit Information Services Platform and the National Credit Information Platform, as well as provincial, autonomous region, or directly governed municipalities' credit information platforms is to implemented in accordance with relevant provisions and agreements.

Article 21: The provincial people's government shall establish mechanisms for sharing credit information, promoting data exchanges and sharing between the Provincial Social Credit Information Services Platform and all other types of credit information system.

Disclosure and inquiries into basic financial credit information databases' credit information are to be implemented in accordance with laws and regulations.

Chapter IV: Use of Information

Article 22: The provincial people's government's development and reform department is to organize relevant departments to draft specifications for the appraisal of Public Credit Information, and release them to the public after approval by the provincial people's government.

Based on the credit appraisal specifications, the Public Credit Information Providing Units shall make records and appraisals of credit information produced or learned of in the course of their performance of duties, and aggregate the appraised information with the Provincial Social Credit Information Center.

Before Public Credit Information Providing Units deliver information on Credit Subjects' credit information on untrustworthiness to the aggregating unit, they shall inform the Credit Subject in writing, except as otherwise provided by laws and regulations.

Industry associations, credit service establishments and other organizations may lawfully carry out recording and appraisal of credit information they obtain, so as to providing professional credit services to society.

Article 23: People's governments at the county level or above, as well as relevant departments and organizations, shall make inquiries into Credit Subjects credit information and use credit service establishments credit reports as needed for performance of their duties, to serve as a reference basis for social administration and public services.

Natural persons, legal persons, and other organizations are encouraged to make lawful inquiries and use Credit Subjects' credit information during activities such as market transactions, enterprise governance, industry management, financing, and public interest activities.

Article 24: People's governments at the county level or above shall strengthen oversight and management of credit service establishments, cultivating and developing credit service establishments, drafting policies and measures for promoting the development of the credit services industry and encouraging social capital to enter the credit services market.

Credit service establishments are encouraged and supported in launching and innovating credit products, expanding the field and range of credit services, promoting the use of credit products and services such as credit investigations, credit appraisals, credit guarantees, and credit insurance in administrative management, public services, market transactions, production and livelihood.

Article 25: The provincial people's government shall draft measures on joint incentives for trustworthiness and joint disciplinary action for untrustworthiness, establishing mechanisms for incentivizing trustworthiness and disciplining untrustworthiness, and urging and promoting the implementation of systems and measures for the joint incentives for trustworthiness and joint disciplinary action for untrustworthiness.

Article 26: The following inventive measures may be adopted for trustworthy Credit Subjects :

(1) Giving support and conveniences in administrative management and public services;

(2) Listing as a preferred choice in activities such as financial support, government procurement, bidding on government investment projects, transfer of state-owned land, financing, media promotions, and selection for honors;

(3) Other incentive measures as provided by the State or province.

Article 27: The following disciplinary measures may be taken against untrustworthy Credit Subjects:

(1) listing as a target for key reviews in administrative supervision and management;

(2) revoking currently enjoyed administrative facilitation measures;

(3) Restricting applications for financial subsidies and other policy supports;

(4) Restricting participation in financial support, government procurement, bidding on government investment projects, transfer of state-owned land, financing, media, and selection for honors, and so forth;

(5) Restricting service as State public officials, legally-designated representatives of public institutions, upper management at enterprises, responsible parties for social organizations, as well as other posts for which the State provides restrictions;

(6) Restricting border crossings and the purchase of real estate, air travel, travel in upper-class trains or seats, staying in star-rated hotels and other high-spending by those who are subject to enforcement under an effective legal document but have not performed payment obligations in the time set.

(7) Other punitive measures as provided by the State or province.

Chapter V: Information Security and the Protection of Rights and Interests

Article 28: The provincial people's government's development and reform departments, together with the relevant departments, shall create a credit information security protection system, establish mechanisms for processing Social Credit Information in other areas and for restoring credit, safeguarding the lawful rights and interests of Credit Subjects.

Article 29: Where Credit Subjects find that the Social Credit Information recorded by the Provincial Social Credit Information Center contains errors, omissions or violations of commercial secrets, personal privacy or other lawful rights and interests, they have the right to submit a written objection application to the Provincial Social Credit Information Center and explain the reasons.

After the Provincial Social Credit Information Center receives an objection application, it shall promptly inform the credit information providing unit to conduct a review and handling, and inform the applicant in writing of the results within 15 days. Where the credit information providing unit does not report the results of the review and handling in the time provided, the Provincial Social Credit Information Center shall suspend disclosure and inquiries of the information.

During the period of handling an objection application, the Provincial Social Credit Information Center shall label the information subject to the objection.

Article 30: In any of the following situations, Credit Subjects may apply to the credit information providing unit for credit restoration:

(1) Where performance on the obligations set forth in effective legal documents has been completed;

(2) Where an enforcement settlement agreement has been reached with the person applying for enforcement, and performance is complete;

(3) Other circumstances as provided by the State or province.

Where they are eligible for credit restoration, the credit information providing unit shall follow provisions to make a credit restoration decision and send it to the Provincial Social Credit Information Center. After credit restoration, the Provincial Social Credit Information Center shall delete the original credit information on untrustworthiness and archive the repaired repaired record, except where the State provides otherwise.

Where Credit Subjects lawfully correct untrustworthy conduct, and restore credit, they are no longer to be the target of joint disciplinary action in accordance with provisions.

Article 31: Information such as Credit Subjects' commendations and awards, volunteer service, and charitable donations, shall be deleted and archived upon their application to the Provincial Social Credit Information Center.

Article 32: Establishments and their personnel that are engaged in Social Credit Information management must not provide, aggregate, disclose, or use credit information in violation of provisions, and must not, alter, fabricate, leak, steal, buy or sell, credit information.

Article 33: Credit information providing units and the Provincial Social Credit Information Center shall establish and complete systems management of Social Credit Information security and emergency responses, shall employ secure confidentiality measures, safeguard the security of the entire process of aggregation, disclosure and use of Social Credit Information.

The Provincial Social Credit Information Services Platform and all kinds of other credit information service systems shall meet the requirements of the State's computer information security system's hierarchical protections, ensuring the regular operations of the Social Credit Information system and the security of credit information.

Chapter VI: Legal Responsibility

Article 34: Where laws and administrative have provisions for violations of these Regulations, those provisions control.

Article 35: Where State organs or their staffs violate the provisions of these Regulations by any of the following conduct, the responsible authority or procuratorate is responsible for making corrections; where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given administrative discipline in accordance with law, and where a crime is constituted, criminal responsibility is pursued in accordance with law.

(1) Failure to perform duties to send, aggregate, or disclose credit information;

(2) altering, fabricating, leaking, stealing, buying or selling credit information;

(3) Failure to perform duties to review and handle objections;

(4) Unlawfully implementing joint incentives for trustworthiness and joint disciplinary action measures for untrustworthiness;

(5) failure to perform credit restoration duties;

(6) Failure to establish Social Credit Information security management and emergency response systems; and failure to perform duties to ensure information security;

(7) Other conduct failing to perform duties in accordance with these Regulations.

Article 36: In any of the following situations where credit service establishments, industry associations, or other enterprises or public institutions and their staffs violate these Regulations, the development and reform department is to order corrections, confiscate unlawful gains, fine units between 50,000 and 200,000 RMB, and fine individuals between 10,000 and 50,000 RMB; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

(1) Aggregation of natural persons', legal persons' , and other organizations' credit information which the aggregation of is prohibited, or aggregating natural persons' or legal persons' credit information without their consent;

(2) Failure to perform confidentiality obligations, or exceeding the legally prescribed or agreed upon scope of credit information to be disclosed or used;

(3) Altering, fabricating, leaking, stealing, buying or selling credit information;

(4) Other failures to perform duties to send, aggregate, or use credit information.

Chapter VII: Supplementary Provisions

Article 37: These regulations take effect on ______.

 

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