Guiding Opinions on Strengthening and Regulating Efforts on the Management of Lists of Persons Receiving Joint Incentives for Trustworthiness or Joint Punishment for Untrustworthiness

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Title: National Development and Reform Commission Notice on Successful Implementation of the "Guiding Opinions on Strengthening and Regulating Efforts on the Management of Lists of Persons Receiving Joint Incentives for Trustworthiness or Joint Punishment for Untrustworthiness"
Issue Number:发改办财金〔2018〕87号
Source of text:   http://www.creditchina.gov.cn/zhengcefagui/zhengcefagui/zhongyangzhengcefagui1/201803/t20180312_110465.html

To the offices of the member units of the Inter-ministerial joint conference on the establishment of a social credit system, to the reform and development commission of each province, autonomous region, or directly governed municipality and of the Xinjiang Production and Construction Corps, to the Economics and Information Technology Commission of Beijing and Jiangsu Province, and to the Industry and commerce bureau of Heilongjiang Province:

So as to fully implement Xi Jinping Though on Socialism with Chinese Characteristics for a New Era and the spirit of te 19th party congress, to implement the Party central committee and the State Council's decisions and deployments on advancing the establishment of the social credit system, and in accordance with the requirements of "The State Council Guiding Opinions on Establishing and Improving Systems of Joint Incentives for Trustworthiness and Joint Disciplinary Action for Untrustworthiness and Accelerating the Establishment of the Social Credit System" (GuoFa (2016) No.33) and the National Development and Reform Commission and the People's Bank of China' jointly released 'Guiding Opinions on Strengthening and Regulating Efforts to Manage the Lists of Persons Receiving Joint Rewards for Trustworthiness and Joint Punishments for Untrustworthiness" (Fagaicaijingui (2017) No. 1798,)(hereinafter "the guiding opinions") In order to implement the "Guiding Opinions" and accelerate and improve mechanisms for jointly rewarding the trustworthy and joint disciplinary action for the untrustworthy, you are hereby informed of the following matters:

I. Pay close attention to formulating implementation opinions on designations and management of red and black lists

Member units of the inter-ministerial joint conference on the establishment of a social credit system (hereinafter simply 'joint conference") are requested to act in accordance with their duties of market oversight, social governance, and public service, together with memorandum of understanding on joint credit punishment that they have all ready signed or will sign, to research drafting corresponding implementation opinions on designations for black and red lists and their management, clarifying unified standards on designations for red and black lists (hereinafter standards) in their area of regulation (supervision). In formulating implementation opinions, comments should be solicited from the National Development and Reform Commission in accordance with procedures, and public comments should be solicited through channels such as department websites and the 'Credit China" website.

II. Organizing designations, publishing and updating red and black lists

Joint conference member units are asked to organize and guide relevant regulatory or supervisory departments at the county level or above to follow the standards in making designations and publishing red and black lists to the public. As required for work, the relevant state departments can authorize the national industry associations and chambers of commerce to identify and publish red and black lists in accordance with the standards. For fields that have already signed memorandums on joint disciplinary action, the first batch of red and black lists should be released before the end of March 2018. For fields that have not yet signed memorandums on joint disciplinary action, the first batch of red and black lists should be released concurrently with the memorandum.

III. Accelerating the signing of memorandum on joint credit incentives and disciplinary action.

Joint conference member units are requested to pay close attention to signing memorandums for joint incentives for the trustworthy and joint disciplinary action for the untrustworthy in their relevant fields, clarifying each department's (unit's) reward and punishment measures for the red and black lists. Memorandums that have already been issued should be effectively implemented, promptly updating reward and punishment measures as work requires. In fields where there is not currently a memorandum on joint incentives and punishments, the relevant regulatory (supervisory) departments should sign memorandum before the end of June, 2018, and concurrently issue accompanying implementation opinions.

IV. Truly do a good job of sharing and disclosing red and black lists

Each region, department, and unit publishing information on relevant entities removal from red and black lists should promptly include it on the national credit sharing platform, and follow relevant provisions to disclose it to the public through channels such as the departments' portal website and the 'Credit China' website. The State Public Credit Information Center should rely on the national credit information sharing platform to carry out big data analysis, with entities that have been entered onto lists for key scrutiny in three or more key fields, being transferred to the 'Big Data Warning List' and issue an alert to the public through the 'Credit China" website. Where entities on key scrutiny lists exhibit acts of serious untrustworthiness during the effective period, the relevant departments (units) are requested to follow the black list designation standards to promptly transfer them to the blacklist.

V. Establishing an Internal Processing Mechanisms for Red and Black List Information

Each region, department, and unit should designate a liaison responsible for downloading information from the national credit information sharing platform and the "Credit China" website regarding the targets of joint incentives for the trustworthy and joint disciplinary action against the untrustworthy, and promptly share it within their systems, and organizing the relevant departments in their system to carry out rewards and punishments for those entities, and keep statistics on the efficacy of the joint rewards and punishments. Establish internal mechanisms for handling objections to red and black lists, with the liaison promptly giving feedback to the designating department (unit) on any objections produced in the course of enforcement of joint rewards and punishments in that system. Each region, department, and unit is requested to send the name, title, and phone number for the liaison to the National Development and Reform Commission Finance department by January 29.

VI. Promote the implementation of joint rewards and punishments.

All levels of local development and reform departments (leading the construction of the social credit system) should earnestly implement the "The State Council Guiding Opinions on Establishing and Improving Systems of Joint Incentives for Trustworthiness and Joint Disciplinary Action for Untrustworthiness and Accelerating the Establishment of the Social Credit System" (GuoFa (2016) No.33), the "National Development and Reform Commission and People's Bank of China's Guiding Opinions on the Strengthening and Regulating the Management of List of Persons receiving Joint Incentives for Trustworthiness and joint disciplinary action for Untrustworthiness" FaGaiCaiJinGui (2017) No. 1798) , giving full play to their role in taking the lead in organization and coordination, and successfully sign memorandums on joint reward and punishments, designations and publication of red and black lists, special handling of prominent problems of untrustworthiness in key areas, aggregating cases of credit rewards and punishments, restoration of untrustworthy entities' credit, and other such work, so that national and local joint credit rewards and punishments are fully implemented.

VII. Earnestly complete collection and orderly announcement of cases of joint reward and punishment

All levels of local development and deform department 'leading the establishment of a social credit system) should rely on credit information sharing platforms to strengthen the establishment of systems for joint credit rewards and punishments, and promptly recording and calculating the efficacy of joint rewards and punishments, and sharing this on the national credit information platform. The number of joint credit rewards and punishment cases shared on the national credit information sharing platform should not be lower than 10% of the number national level red and black list designations, and typical cases should be publicly displayed on the local credit portal website. The number of cases of joint rewards and punishments reported through provincial media platforms each year should not be less than 30, and excellent experiences of municipal credit construction in the jurisdiction should be summarized and promoted in a timely manner.

VIII. Leading untrustworthy subjects to correct untrustworthy conduct and carry out credit restoration

Each region, department, and unit should combine mechanisms for social encouragement and compassion that are beneficial for untrustworthy entities correcting their own errors and actively turning over a new leaf, supporting individuals with untrustworthy conduct to use means such as volunteer service and service in the public interest to restore their personal credit; combining credit restoration and the correction of untrustworthy conduct, credit commitments, and credit restoration training. Establish long-term and effective mechanisms for education and training of creditworthiness, and conduct training on credit restoration for legal representatives of “blacklisted” enterprises.

Contact and phone: Yu Lihao 010-6850238

Li Dehong 010-68502400, 68502318 (Fax)

National Development and Reform Commission General Office

January 19, 2018

 

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