Hubei Provincial Social Credit Information Management Regulations

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(Passed on March 30, 2017 by the 27th Meeting of the Standing Committee of the 12th Hubei Provincial People's Congress)

Contents

Chapter I: General Provisions

Chapter II: Information Collection

Chapter III: Information Disclosure

Chapter IV: Use of Information

Chapter V: Information Security and Right Safeguards

Chapter VI: Legal Responsibility

Chapter VII: Supplemental Provisions

 

Chapter I: General Provisions

 

Article 1: These Regulations are drafted on the basis of relevant laws and administrative regulations, together with actual conditions in the province, so as to standardize management of Social Credit Information management, advance the establishment of the social credit system, create a social environment of honesty and trustworthiness, to safeguard the security of social credit information and the lawful rights and interests of Credit Subjects.

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.
Article 3: Social Credit Information as used in these Regulations, refers to data and materials that can be used to identify, the status of natural persons, legal persons' and other organizations' (hereinafter Credit Subjects), credit status; 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: Social Credit Information management shall be in accordance with the needs of establishing a social credit system and reform and development; shall comply with the principles of lawfulness, security, timeliness, and accuracy; must not harm national security or leak State secrets; and must not violate commercial secrets or individual privacy.

Article 5: People's governments at the county level or above shall establish leadership groups, include the establishment of a social credit system in citizens' economic and social development plans, 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.

People's governments at the county level or above shall set up leading groups on the establishment of a social credit system, include the establishment of a social credit system in citizens' economic and social development plans, 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.

Member units of the leading groups on the establishment of a social credit system, and other departments and organizations with credit information management duties, are to do a good job of aggregation, disclosure, and application of Social Credit Information and other management work in relevant fields and in accordance with their respective duties.

Institutions for supervision and management of the credit reporting industry are to follow the laws and administrative regulations to do a good job of efforts to supervise and manage financial credit information and credit reporting establishments.

Article 6: The provincial people's government shall establish a unified Social Credit Information Services Platform throughout the entire province, and develop an interconnected and intercommunicating Social Credit Information Service System with 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.

The Credit Information Center established by the provincial social government (hereinafter "Provincial Credit Information Center" ) is specifically 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 use.

Member units of the leading groups for the establishment of the provincial social credit system and other relevant departments and organizations are responsible for the establishment, operations and maintenance of that social credit information service system, and are to complete efforts to exchange data and share information with the Provincial Social Credit Information Services Platform.

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 societal 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 the social credit system.

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: Information Collection

 

Article 9: Cataloged management if carried out for Public Credit Information, with factors such as the item content, the providing unit, the data format, the scope of authority for use, the aggregation procedures, the aggregation channel, the time period of aggregation, and the method of disclosure, are to be provided for in the catalog 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, after soliciting comments from the provincial leading groups on the establishment of a social credit systems' member units, is to be approved by the provincial people's government and released to the public.

Where inclusion of items in the catalog would reduce Credit Subjects' rights or increase their obligations, and the social impact is quite large, they shall organize expert appraisals, and open it to the public for solicitation of comments.

Article 10: The following information of 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 that reflect the credit subject's credit status;

(3) Information on refusals to perform on effective legal documents;

(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 Information that shall lawfully be included in the catalog management.

Article 11: Units providing Public Credit Information shall follow the provisions of the Public Credit Information catalog to promptly and accurately report information to the provincial Credit Information Center.

Article 12: 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, and credit information.

Public Credit Information provided to the provincial Credit Information Center shall comply with the technical specifications for credit information, and indicate the name or legally designated name of the Credit Subject and their uniform credit code.

Article 13: 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 14: 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 in a lawful form to the provincial Credit Information Center, credit service establishments, industry associations, and other enterprises, public institutions and organizations, and take responsibility for the authenticity and accuracy of the information.

Article 15: 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 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 16: The Provincial Credit Information Center shall complete efforts to compare and enter 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 17: Social Credit Information must not be illegally aggregated by any unit or individual.

Credit service establishments, industry associations, and other enterprises, public institutions and organizations, collection of Market Credit Information that is a natural person's information shall be upon the consent of those persons and for agreed upon uses, and must not be aggregated without the individual's consent. Unless otherwise provided by laws and regulations.

Credit service establishments, industry associations, and other enterprises, public institutions and organizations must not aggregate natural persons' information such as religious faith, genetics, fingerprints, blood types, illnesses, or medical histories.

Credit service establishments, industry associations, and other enterprises, public institutions and organizations must not aggregate legal persons' and other organizations' credit information that laws and regulations prohibit the aggregation.

Chapter III: Information Disclosure

Article 18: 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 19: Public Credit Information is open in principle, except where laws and regulations provide otherwise.

Public Credit Information that is open in accordance with law, is to be disclosed to the public through the Provincial Social Credit Information Services Platform and Public Credit Information providing units' platforms for the external release of information.

Where the credit subject consents in writing to its release, or where State organs find that not releasing would have a major impact on the public interest, Public Credit Information involving commercial secrets or individual privacy may be made public in accordance with law.

Public Credit Information that cannot be not made public in accordance with law, may be inquired into with the written authorization of the credit subjects, and used for the agreed upon uses; the information must not be provided to third parties without their consent.
Article 20: Credit subjects have the right to make inquiries into their own Credit Information.

The Provincial people's governments ' department for development and reform shall strengthen cooperation with relevant departments and promote the establishment of comprehensive service portals for Social Credit Information, to provide inquiry services to the public.

The Provincial 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 21: 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 Public Credit Information aggregated by the Provincial Credit Information Center that cannot be made public in accordance with law.

Credit service establishments, industry associations, and other enterprises, public institutions, and other organizations may follow agreements signed with the provincial people's government's department for development and reform, to share Public Credit Information aggregated by the provincial Credit Information Center; written authorization from the Credit Subject shall be obtained for sharing of Public Credit Information that cannot be made public in accordance with law.

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 22: 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, basic financial credit information databases, and other types of credit information service systems.

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

Chapter IV: Use of Information

 

Article 23: 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. Where the State has already drafted specifications for the appraisal of Public Credit Information, follow those provisions.

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 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. Unless otherwise provided by laws and regulations.

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

Article 24: As needed for the performance of their duties, people's governments at the county level or above and relevant departments and organizations, shall make inquiries into credit information and use credit reports in the work listed below, to be a reference basis for administrative management and public services, as well as personnel management and supervision efforts.

(1) Carrying out administrative permits, administrative punishment, and administrative inspections;

(2) financial support, government purchases, government project investment bids, transfer of state-owned land, management of scientific research, and so forth;

(3) Recruiting, appointing, and management supervision of state employees;

(4) giving commendations;

(5) Other management work.

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

Article 25: People's governments at the county level or above shall support credit service establishments development, 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, participating in international cooperation, 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 26: The provincial people's government shall establish interdepartmental, cross-field, and cross-regional mechanisms for joint incentives for trustworthiness and joint disciplinary action, drafting a list of recommended and mandatory measures on the basis of the joint incentive and joint disciplinary action items designated in laws, regulations, and relevant national provisions, and shall release this to the public.

Information on owed public utilities and property management fees, that have not been verified in accordance with law must not be the basis for carrying out joint disciplinary action.

Article 27: The following incentive measures may be lawfully employed 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 reward measures as provided by the State.

Article 28: The following disciplinary measures may be lawfully taken against untrustworthy Credit Subjects during the period provided by State:

(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 or policy support;

(4) Other disciplinary measures as provided by the State.

Article 29: As needed to perform duties, State organs may establish a list of the Seriously Untrustworthy, standardizing procedures and requirements for entry onto the list, and releasing this to the public.

Where Credit Subjects exhibit any of the following acts, they shall be entered into the list of the Seriously Untrustworthy.

(1) Acts that seriously harm the public's physical health, or security in their lives;

(2) Acts that seriously disrupt the order of fair market competition and normal social order;

(3) Having the ability to perform obligations set forth in effective legal documents, but refusing to do so or escaping performance;

(4) Refusing to perform State obligations, endangering national defense interests;

(5) Other seriously untrustworthy conduct provided for by the State.

Article 30: Credit Subjects entered into the list of the Seriously Untrustworthy, may have the following special disciplinary measures employed against them:

(1) Restrictions on engaging in particular industries or projects

(2) restrictions of qualifications for positions;

(3) Restrictions on engaging in special market trading;

(4) Restrictions on receiving honors and financial credit loans;

(5) Restrictions on high-spending and related consumption;

(6) Restrictions on leaving the mainland territory;

(7) Other special disciplinary measures provided by law or administrative regulations.

Article 31: Where state organs decide to employ disciplinary measures against untrustworthy Credit Subjects, they shall inform them of the reasons and basis for implementation, and remedies, and the requirements for removing the disciplinary measures.

Chapter V: Information Security and Right Safeguards

 

Article 32: 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 33: The Provincial Credit Information Center and credit information providing units 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, inquiries, 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.

Article 34: Credit Subjects have the right to know about conditions such as the collection and use of their own Credit Information, as well as the sources of information contained in their own credit reports, and the reasons for any changes.

Credit Service Establishments, industry associations, and other enterprises, public institutions, or organizations must not tie the collection of personal Credit Information to other services, or coerce or indirectly coerce Credit Subjects' consent.

Article 35: Where credit information providing units discover that there are errors or omissions in information they provided to the provincial Credit Information Center, they shall promptly correct it, and promptly send the corrected information to the provincial Credit Information Center.

Where Credit Subjects find that the Social Credit Information recorded by the Provincial 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 Credit Information Center and explain the reasons.

After the provincial Credit Information Center receives an objection application, a disposition shall be made within 3 days of receiving the objection application where it was caused by the Credit Information Center itself. Where it is within the scope to be corrected by the credit information providing unit, it shall be transferred tot he credit information providing unit with two days of receivign the objection application; and the credit information providing unit shall make a disposition in accordance with law within 7 days, and send the result to the provincial Credit Information Center, and the provincial Credit Information Center is to inform the objecting applicant within two days of receiving the disposition result.

Where the credit information providing unit does not report the results of the disposition in the time provided, the Provincial Credit Information Center shall suspend disclosure and inquiries of the information.

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

Article 36: Credit Subjects that lawfully correct untrustworthy conduct and eliminate negative impact may submit an application for credit restoration to the credit information providing unit.

Where, upon review, they are found to meet conditions for credit restoration, the credit information providing unit shall make a credit restoration decision within 3 days and send it to the Provincial Credit Information Center. After receiving the credit restoration decision, the Provincial Credit Information Center shall promptly delete the original credit information on untrustworthiness and archive the record or restoration. Except as otherwise provided for by law.

After Credit Subjects' credit is restored, they are no longer to be the target of joint disciplinary action in accordance with provisions.

Article 37: Where credit subjects apply for the provincial Credit Information Center to delete information such as their commendations, volunteer service and charitable donations, the provincial Credit Information Center shall promptly delete it and archive it.

Article 38: Establishments and their personnel that are engaged in Social Credit Information management and services must not illegally provide, disclose, or use credit information, and must not, alter, fabricate, leak, steal, buy or sell, credit information.

Chapter VI: Legal Responsibility

 

Article 39: Where laws and administrative have provisions for violations of these Regulations, those provisions control.

Article 40: Where State organs or their staffs violate the provisions of these Regulations by any of the following conduct, the department for development and reform, or the departments prescribed by law, 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 draft a Public Credit Information catalog in accordance with provisions;

(2) Failure to perform duties to send, aggregate, and disclose credit information;

(3) Failure to perform necessary inquiries into credit information or use credit reports;

(4) altering, fabricating, leaking, stealing, and buying or selling credit information

(5) Failure to perform duties to handle objections to information or repair credit;

(6) Unlawfully implementing joint incentives for trustworthiness and joint disciplinary action measures for untrustworthiness.

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

(8) Other conduct failing perform duties provided for in these Regulations.

Article 41: In any of the following situations where credit service establishments, industry associations, or other enterprises, public institutions, organizations, and their staffs violate these Regulations, the development and reform department, or the department prescribed in laws or regulations, is to order corrections be made within a certain period, 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) tying the collection of personal Credit Information to other services, or coercing or indirectly coercing Credit Subjects' consent.

(3) Failure to perform confidentiality obligations, or exceeding the legally prescribed or agreed upon scope of credit information disclosure or use;

(4) altering, fabricating, leaking, stealing, and buying or selling credit information.

Article 42: Where these Regulations are violated in the course of collecting, aggregating, or using credit information, and the like, harming the Credit entities' lawful rights and interests, civil liability is borne in accordance with law.

Chapter VII: Supplemental Provisions

 

Article 43: "Institutions for supervision and management of the credit reporting industry" as used in these Regulations refers to the People's Bank of China and its local offices.

Article 44: These Regulations enter into force on July 1, 2017.

 

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