Notice on Strengthening the Special Governance Project on Untrustworthiness in the E-commerce Field

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Fagaicaiji (2018) No. 716

To each provincial, autonomous region, or directly governed municipality's, and to the Xinjiang Production and Construction Corps', departments leading the establishment of the social credit system, leading groups on network security and information technology, competent departments for industry and information technology, public security office (bureau), traffic office (bureau), Commerce office (bureau), customs departments they control, and bureaus for the management of industry and commerce, and departments of market oversight and administration, as well as departments for the administration of quality technology, and food and drug administrations:

So as to thoroughly implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and the spirit of the 19th Party Congress, to advance the establishment of a credit system in the e-commerce field, to resolve prominent problems of a lack of creditworthiness, and implement the spirit of the October 27, 2017, video-conference on the special governance project on untrustworthiness in the e-commerce field, notice is hereby given as follow on further strengthening the special governance project on untrustworthiness in the e-commerce field (hereinafter 'special governance project):

I. Fully recognize the important significance of carrying out a special governance project.

The establishment of a credit system in the field of e-commerce is an important part of the establishment of a social credit system. The June 2014 "State Council Notice on the Release of the Planning Outline for the Establishment of a social Credit System (2014-2020)" (Guofa [2014] No. 21) put forward clear requirements for the establishment of credit in the field of e-commerce, strengthening quality inspections for website products; strictly investigating and punishing fraud in the e-commerce field such as the production and sale of fakes, multi-level marketing activities, false advertising, shoddy goods, breach of service contracts; combating insider-outsider collusion to fabricate traffic or commercial reputations, and establish systems for period of restricted entry into the industry. The "Guiding Opinions on Comprehensively Strengthening the Establishment of Creditworthiness in the field of E-Commerce" (FagaiCaijin [2016] No 2794) jointly released by the National Development and Reform Commission, People's Bank of China, Central Internet Information Office, Ministry of Public Security, Ministry of Transportation, Ministry of Commerce, State Administration of Industry and Commerce, State Quality Inspection Administration, The Food and Drug Administration, further indicated a crackdown on unlawful, untrustworthy conduct to fake transaction records and shipping information to increase or lower credit through means such as maliciously faking sales, malicious ratings, and mailing empty parcels. Carrying out this special governance project work is an important measure in implementing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the spirit of the 19th Party Congress, and of putting in place the "Guiding Opinions on Comprehensively Strengthening the Establishment of Creditworthiness in the field of E-Commerce" (FagaiCaijin [2016] No 2794) , and is also an important tactic for strengthening oversight during and after the fact in e-commerce, and has important significance for creating a positive ecology for e-commerce, and promoting the establishment of a social credit system.

II. Accelerate the Establishment and Completion of Long-term and Effective Work Mechanisms for the Special Governance Project

The special governance project efforts are to be both systematic and long term, relevant departments of each area should strive to strengthen the following three efforts and continue to carry them forward for long-term efficacy.

(1) Integrate departmental resources, and establish and improve cross-departmental and cross-regional working mechanisms.

The departments leading the construction of the social credit system in each area should establish cross-departmental and cross-regional working mechanisms, and based on the requirements of the national video conference on the special governance project on issues of untrustworthiness in the field of e-commerce , the provincial departments leading the establishment of the social credit system are to establish provincial working groups on the special governance project on untrustowrthiness in the e-commerce field (hereinafter 'Provincial-level working group') together with bodies such as the provincial internet information office, the departments for industry and information technology, the communications regulatory bureau public security office, transportation office, postal bureau, commerce office, customs (the former inspections and quarantine bureau), The bureau of industry and commerce, Quality supervision bureau (department for market oversight and administration), and the food and drug supervision bureau (or others as chosen by areas as needed for work), clearly indicating the responsible person and contact person for the leading units and each relevant department, to carry out a special research project on the problem of untrustworthiness in the e-commerce field in the jurisdiction, and put forward targeted measures and a work plan. Encourage the provincial working group to guide the relevant municipal and county-level departments to establish city and county-level special governance groups on untrustworthiness in the e-commerce field; and encourage each provincial-level working groups to carry out cross-regional cooperative exchanges, inspections, and mutual evaluations.

(2) Strengthen cooperation between government and enterprise, giving play to the role of the provincial-level alliances against 'gaming credit'.

Since the establishment of the National alliance against “gaming credit” in October 2016, the alliance has developed to include 17 major e-commerce enterprises such as Alibaba, Baidu, Tencent, and Jingdong as members, and has become a powerful tool for relevant departments to strengthen the establishment of creditworthiness in the e-commerce field and to carry out the special governance project efforts. Each region should organize and guide the e-commerce platforms, internet companies, logistics companies and relevant commercial enterprises in the jurisdiction, to establish a regional alliance against 'gaming credit' and encourage each region to establish cross-regional alliances against 'gaming credit', promoting credit information sharing between the alliances' member enterprises, strengthening the degree of cooperative monitoring,

(3) Increase the costs of untrustworthiness and increase the force of joint disciplinary action taken by the the special governance projects.

各地区要根据《关于全面加强电子商务领域诚信建设的指导意见》(发改财金〔2016〕2794号)文件要求,广泛开展电子商务领域失信联合惩戒,一是加大信用信息公示力度,充分发挥“信用中国”网站和国家企业信用信息公示系统作用,推动电子商务平台基本信息、信用信息及重大事件信息披露。 二是加大对失信主体的惩戒力度,各地方可以根据工作需要和地方实际,制定地方电子商务失信主体认定标准,并将认定后的电子商务领域“黑名单”纳入联合惩戒。 相关部门已有失信企业认定标准的,按其规定执行。 三是严厉打击整治电子商务领域违法失信行为,鼓励在已有的限制新设立账户等13项联合惩戒措施基础上,结合地方实际,创新制定联合惩戒措施。

III. Scientifically distinguish information on the list of untrustworthy entities in the e-commerce field

电子商务领域失信主体名单信息是开展专项治理工作的基础和前提。 国家发展改革委通过全国信用信息共享平台,并委托信用服务机构和大数据服务机构,对平台上电子商务领域信用信息进行筛选核查,形成了以失信被执行人(经营电子商务业务)、制假售假、侵犯知识产权、刷单炒信、网络购物合同纠纷、空包裹代发邮寄,非法采集、滥用、泄漏和倒卖个人信息等失信行为类型为主的电子商务领域“黑名单”和因虚假宣传、合同违约等失信行为被行政处罚的电子商务领域重点关注名单。

IV. Supervise and prompt untrustworthy enterprises making corrections within a fixed period of time

Provincial level working groups should increase the degree of rectification through 'blacklists' and key-scrutiny lists for untrustworthy entities in the e-commerce field: (1) Of untrustworthy entities entered onto the blacklist who make corrections within 3 months, those who are judgment defaulters, who violated intellectual property rights, or have untrustworthy conduct related to online sales contract disputes, are to be urged to fully perform their legally-prescribed duties or to apply to reach a settlement with the enforcing party and complete performance, and follow relevant provisions to apply to the people's court to have them deleted from the Judgment Defaulters List. Untrustworthy entities entered into the blacklist for producing or selling fakes, faking transactions to game credit, mailing empty packages, or illegally collecting, abusing, or leaking or selling personal information, are to make correcting within a fixed period of time in accordance with regulations of the relevant regulatory department. (2) For untrustworthy entities entered onto the key-scrutiny list that make corrections within 3 months, increase the force of warnings and education for them and effectively guide them to promptly correct their untrustworthy conduct. Provincial-level working groups should issue a written notice to correct untrustworthiness to untrustworthy entities at the first moment after they publish the 'blacklist', and are to urge the untrustworthy entity to sign a credit commitment document for the e-commerce field, and the National Development and Reform Commission's finance department on the format of the notice to make corrections and the credit commitment document. Where the relevant departments already have clear provisions on the period for managing the untrustworthy entity, follow those provisions.

Of these, information on untrustworthiness such as those on the e-commerce field's 'blacklist' and key-scrutiny list faking transactions to game credit or making or selling fake goods is to be provided by the e-commerce platform and the alliance against gaming credit is to urge the primary e-commerce platform to employ punitive measures. In consideration of the special nature of the e-commerce field 'blacklists' and 'key scrutiny lists, encourage provincial working groups to mobilize enterprise forces such as e-commerce platforms, and jointly carry out the special governance project efforts.

V. Increase the force of punishment against those that do not make corrections in time

For untrustworthy entities that have not made corrections by the deadline, request the provincial-level working group to employ the following punitive measures: (1) Give a talking to the principal responsible person of the dishonest entity. (2) Notify the industry regulatory departments, oversight departments, and industry associations and chambers of commerce, increase the extent of oversight of untrustworthy enterprises, increase the frequency of inspections, restrict business and financing credit in accordance with laws and regulations,and other such penalty measures. (3) Urge the provincial alliances against "gaming credit", or relevant e-commerce enterprises, to carry out disciplinary measures such as restricting access to members, lowering credit ratings, blocking or closing down stores, "closing accounts," and making public exposures, in accordance with the “Action Plan on the Implementation of Joint Disciplinary Action Against Untrustworthy Entities that are 'Gaming Credit' in the Fields of E-Commerce and the Sharing Economy” (FagaiCaijin [2016] No. 2370). (4) Publicly announce untrustworthy entities from the 'key scrutiny lists or “blacklists” for the e-commerce field on local credit websites. (5) Include each municipal governments' carrying out of the special governance project on untrustworthiness in the e-commerce field as an index in municipal credit monitoring and assessment, and based on the efficacy of the special pilot work, add or subtract points.

VI. Strengthening the guidance and monitoring of the process of regulation and rectification

In order to strengthen guidance and monitoring of the process of regulation and rectification, and to keep abreast of the dynamic changes in the special governance project efforts, the National Development and Reform Commission has retained third part credit service establishments and big data monitoring companies to carry out tracking and monitoring of the whole process of carrying out 'blacklists' and 'key scrutiny' lists of untrustworthy entities in the e-commerce field, and has established work parameters for the special governance project on blacklists and key scrutiny lists in the e-commerce field.

国家发展改革委已经建立月报工作通报机制,请各省级人民政府责成省级工作组于每月15日的前一个工作日,将上阶段工作整体情况、取得的实效、经验做法以及存在的问题形成书面材料反馈国家发展改革委财金司,电子版一并反馈至指定邮箱。

VII. Strengthen the establishment of a culture of creditworthiness in the e-commerce field

Each area is asked to actively complete efforts to establish a culture of creditworthiness. (1) Actively report on each relevant department of all levels of government's positive experiences and methods in implementing the "Guiding Opinions on Comprehensively Establishing Creditworthiness in the E-commerce Field" (FagaiCaijin (2016) No. 2794) (2) Use microblogs, Wechat, television, newspapers, and all kinds of media, multiple channels and multiple forms, to establish exemplars of e-commerce creditworthiness and to expose exemplars of serious untrustworthiness.

VIII. Sustained and solid efforts on the special governance project

Provincial-level working groups should actively implement the National Development and Reform Commission and relevant departments overall deployments for the special governance project, cooperate with overall coordination for the special governance work in that jurisdiction, and urge e-commerce enterprises, especially e-commerce platforms, to thoroughly carry out the establishment of credit systems internal to the enterprise. The National Development and Reform Commission's finance department is responsible for the tracking and investigating, urging and inspecting, to ensure that all work or the special governance project are steadily and orderly carried out.

Each provincial people's governments is asked to urge the departments leading the establishment of the social credit system in that province to uniformly send the list of working groups for the special governance project on untrustworthiness in the e-commerce field to the National Development and Reform Commission finance department.

Contact Person:刘礼,010-68502319

Email:xyc@creditchina.gov.cn

FAX:010-68502318

 

 

The National Development and Reform Commission

Cyberspace Administration of China

Ministry of Industry and Information Technology

Ministry of Public Security

The Ministry of transport

Ministry of Commerce

Customs General Administration

State Administration for Market Regulation

May 14, 2018

 

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