Hebei Provincial Social Credit Information Regulations

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​(2017年9月28日河北省第十二届人民代表大会常务委员会第三十二次会议通过)
Contents

Chapter I: General Provisions

Chapter II: Accumulation of Credit Information

Chapter III: Disclosure of Credit Information

Chapter IV: Inquiries into Credit Information

Chapter V: Use of Credit Information

Chapter VI: Safeguards for Rights and Interests

Chapter VII: Legal Responsibility

Chapter VIII: Supplementary Provisions

Chapter I: General Provisions

Article 1: These Regulations are drafted on the bases of relevant laws and administrative regulations, together with actual conditions in the province, so as to regulate the accumulation, disclosure, and use of Social Credit Information; to strengthen Social Credit Information management; to preserve Social Credit Information security; to bring about sharing of Social Credit Information resources; to protect the lawful rights and interests of natural persons, legal persons and unincorporated organizations; to promote the establishment of the social credit system; and to promote the Social Credit Information management.

Article 2: These Regulations apply to the accumulation, 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 objective data and materials from which the state of natural persons, legal persons, and unincorporated organizations (hereinafter simply information subjects) compliance with laws, regulations and rules, and their performance of legally-prescribed and contractual obligations can be identified, analyzed, and judged, including Public Credit Information and Market Credit Information.

Public Credit Information refers to data and materials produced or acquired by state organs, organizations authorized by laws or regulations to have duties to manage public affairs and services, and other Public Credit Information providing units (hereinafter Public Credit Information providing units) in the lawful performance of their duties, that may be used to identify the information subjects' credit status.

Market Credit Information refers to data and materials that reflects Information Subjects' credit situation, which is produced by market Credit Information providing units, such as credit service institutions and other forms of enterprises and public institutions, during the course of their production and operations or social service activities.

Article 4: The accumulation, disclosure, and use of Social Credit Information shall comply with the principles of legality, security, timeliness, and veracity; shall preserve the lawful rights and interests of the information subjects; and must not leak state secrets or infringe upon commercial secrets and personal privacy.

The Social Credit Information of natural persons must not be unlawfully collected, used, processed, or transferred by any organization or individual, and must also not be unlawfully bought and sold, provided or disclosed.

Article 5: People 's governments at the county level or above shall strengthen leadership of Social Credit Information work, establish coordination mechanisms for Social Credit Information work, and coordinate and resolve major problems in Social Credit Information.

The development and reform departments of the provincial-level people's government are the competent department for the province's Social Credit Information work, and are responsible for the comprehensive coordination, supervision, and management of Social Credit Information in the administrative region.

The provincial people's government departments for education, industry, public security, environmental protection, housing and construction, business, civil affairs, quality supervision, industry and commerce, and so forth; as well as the Provincial High People's Court, the Provincial People's Procuratorate, and the Shijiazhuang Central Branch of the People's Bank of China, shall complete management work related to Social Credit Information within the scope of their own duties.

People's governments of districted-cities and counties (cities, districts) are to reference the second paragraph of this article to determine the competent department for Social Credit Information in their respective administrative region, responsible for the management of Social Credit Information; Other relevant departments of the of the people's governments of districted-cities and counties (cities, districts) are to do a good job of Social Credit Information management within the scope of their duties.

Article 6: The provincial people's government shall establish a unified Social Credit Information Services Platform throughout the entire province, bringing together credit information service systems established by relevant departments,organizations, and areas, to make it so that Social Credit Information is interconnected and intercommunicating, and used across departments, fields, and regions.

The provincial people's government development and reform departments of Social Credit Information management bodies are specifically responsible for the establishment,operation and maintenance of the provincial Social Credit Information platform. The provincial Social Credit Information platform is the foundational platform for the establishment of the social credit system in this province, and is to serve as a hub for interconnection and intercommunication of credit information, linking to the national credit information platform and other provincial (municipal and autonomous region) credit information platform.

Article 7: All levels of people's government shall strengthen the establishment of creditworthiness of government affairs, establish and complete government affairs credit records, and promote disclosure of government affairs information. 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, platform enterprises shall obey industry credit protocols and professional ethics norms, shall develop promotional trainings, policy recommendations, and industry information publications, to elevate the capacity and credibility of industry services.

Enterprises shall establish credit management systems, strengthening credit self-discipline and preventing credit risks.

The public shall observe self-discipline, increase awareness of creditworthiness and participate in creditworthiness education and credit supervision activities.

Article 8: State organs at all levels may cooperate with enterprises, public institutions, and the like to carry out information cooperation, the establishment of public credit information and market credit information exchanges and sharing mechanisms, to achieve common use of public credit information and market credit information.

Article 9: Inclusion of education on social morals, professional ethics, family virtues, and individual morals is encouraged in all kinds of education and training.

Media of all kinds shall publicize examples of creditworthiness, and report and disclose all kinds of untrustworthy conduct and incidents.

Chapter II: Accumulation of Credit Information

Article 10: The Provincial People's Government's department in charge of Social Credit Information work is to formulate Social Credit Information standards and specifications in accordance with relevant state provisions and standards.

Article 11: Catalogued management is implemented for Public Credit Information. The provincial people's government's department in charge of Social Credit Information work, together with the relevant departments and in accordance with relevant state provisions and standards, is to organize compilation of a catalog of Public Credit Information, and release it to the public for comments when it is prepared. After the catalog is reported to the provincial people's government for approval, it is to be publicly disclosed, with one disclosure each year, and after release, the changed matters for that year are entered into the next years' annual catalog management.

Where relevant departments propose putting relevant matters into the province; public credit information catalog, or removing them from it, they shall explain the reasons and where there are larger differences of opinion or it might cause a larger social impact,they shall also follow relevant state provisions to organize an assessment in conjunction with the the provincial people's government's department in charge of Social Credit Information work, and hear the opinions of representatives of relevant groups, experts and others.

The Public Credit Information Catalog is to provide for Public Credit Informations' credit catalog codes, providing units, project names, data format, scope of usage authority, collection range, collection procedures, collection channels, collection time limits, methods of publication, update periods,and security levels.

Article 12: 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 on Credit Subjects' receipt of commendations and awards or participation in public interest or volunteer services, that is produced or learned of in the course of performing duties by organizations authorized by laws or regulations to manage public affairs or services;

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

Article 13: Identity cards, or other valid identification documents, are the sole associated matching identifier in the accumulation of natural persons' Public Credit Information; the uniform social credit number is the sole association matching identifier for accumulation of legal persons' and unincorporated organizations' credit information.

Article 14: Units providing credit information shall follow the provisions of the Public Credit Information catalog to promptly and accurately report information to the Social Credit Information platform.

The Social Credit Information platform may follow agreements to collect market credit information collected by credit service establishments, industry associations, and platform enterprises.

Article 15: Information providing units, credit service establishments, industry associations, and platform enterprises shall be responsible for the authenticity and accuracy of the information they provide, and must not alter or fabricate credit information.

Article 16: Credit service establishments and other types of enterprises and public institutions' collection of Market Credit Information that is personal information shall be upon the consent of those persons and for agreed upon uses, without the individual's consent, it must not be collected; except where it is open information in accordance with law.

The accumulation of information on individuals' religious faith, genetics, fingerprints, blood type, illnesses or medical history is prohibited, as well as other personal information which laws and administrative regulations prohibit the accumulation of. Except where Credit Subjects have been expressly informed of the negative consequences that might be produced by providing information, and obtaining their written consent, information on personal income, savings, negotiable securities, commercial insurance, real property as tax information, must not be collected. Except as otherwise specified by laws and administrative regulations.

Article 17: Enterprises, public institutions, and so forth, may record Market Credit Information produced in the course of their own business and management activities; industry associations and platform enterprises may lawfully record the Market Credit Information of member enterprises or hosted merchants, as needed for management and services.

Article 18: Credit Subjects are encouraged to use methods such as declarations, voluntary reporting, and social assurances to provide their own Social Credit Information to the Provincial Credit Information Platform, and to ensure that the Social Credit Information is lawful, truthful, and complete.

Chapter III: Disclosure of Credit Information

Article 19: Public credit information is disclosed on the Social Credit Information platform through lawful public disclosure, government affairs sharing, and authorized inquiries.

The method of disclosure of public credit information is to be clarified by Information Providing Units in the public credit information catalog.

Article 20: Lawful publicly disclosed information is information that laws, regulations, and rules provide shall be proactively disclosed, and may be publicly disclosed without the credit subject's authorization.

Government affairs sharing information is provided for common use to state organs, as well as organizations authorized by laws or regulations to have public affairs or services management duties, in the lawful performance of their duties.

Upon the authorization of the credit subject, inquiries may be made into Authorized Inquiry Information, and it may be used as agreed.

Article 21: Where Public Credit Information is to be publicly disclosed in accordance with law, all levels of administrative organ shall follow the relevant provisions to publish it through means such as government bulletins, news conferences, websites, periodicals, radio and television; and it is part of government affairs sharing or authorized inquiries, it shall be provided in accordance with law through appropriate means such as providing copies or arranging for readings of relevant of materials.

Article 22: Market credit information in addition to being publicly disclosed in accordance with law, may also be disclosed by the credit subject proactively disclosing it, providing it to credit service establishments, or other agreed upon means.

Article 23: The Social credit information platform may lawfully disclose Market Credit Information in accordance with the terms of its agreement with the Market Credit Information Providing Unit.

Chapter IV: Inquiries into Credit Information

Article 24: The provincial Social Credit Information management body shall formulate and publish the service standards and set up credit information inquiry windows, to provide free public credit information inquiry services to the public.

The Provincial Credit Information Platform shall use the internet, cell-phone applications, and so on, to provide convenient inquiry services to the public.

The departments in charge of Social Credit Information work for the provincial and districted city people's governments shall strengthen cooperation with relevant departments, to promote the set up of comprehensive inquiry portals, and provide the public with convenient Credit Information inquiry services for Public Credit Information and Market Credit Information.

Article 25: Inquiries into Social Credit Information shall be conducted in accordance with the procedures prescribed by the departments in charge of Social Credit Information work.

Where inquiries are of natural persons' Social Credit Information that is not publicly disclosed, it shall be authorized in writing by the subject of the inquiry; and where natural persons make inquiries into their own information, real name verification must be conducted.

Where inquiries are of legal person or unincorporated organizations' Social Credit Information that is not publicly disclosed, it shall be authorized in writing by the unit subject of the inquiry; and where legal persons or unincorporated organizations make inquiries into their own information,they must present that unit's written certification. Except as otherwise specified by laws and administrative regulations.

Article 26: The period for disclosure of Public Credit Information regarding untrustworthiness is 5 years, and after 5 years it is transferred to be stored in the archives. Authorized inquiries are used for Public Credit Information regarding untrustworthy for which the disclosure period is completed. Except as otherwise specified by laws and administrative regulations.

Article 27: The Social Credit Information platform shall truthfully record the Social Credit Information inquiries and save them for three years from the date of the record.

Chapter V: Use of Credit Information

Article 28: People's governments at or above the county level shall establish multi-departmental, cross-regional mechanisms for joint incentives and punishments,incentivizing creditworthiness and punishing untrustworthiness, strengthening the incentives and rewards for trustworthy entities and the restraints and punishment of untrustworthy entities, promoting the reasonable use of credit information and optimized allocation of credit resources.

Article 29: Information providing units shall strengthen the construction of credit records and establishing a system of lists for the trustworthy and untrustworthy, following relevant state provisions to create identification standards and procedures for trustworthy and untrustworthy conduct, on the basis of their market supervision, social governance, and public service duties; and promptly announce these to the public through the Social Credit Information platform, government portal websites, and that unit's own website.

Article 30: The Information Providing Units, in conjunction with the departments in charge of Social Credit Information work, shall follow laws, regulations, and the relevant state provisions to determine joint incentive and punishment items, clarifying the subject and measures for incentives and punishments, the implementing body, and so forth, and shall announce this to the public.

Article 31: The following incentive and reward measures shall be adopted for trustworthy subjects:

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

(2) Listing for preferential selection in governmental capital arrangements and project support;

(3) Measures such as adding credit points in public resource transactions;

(4) Optimizing random sampling inspections and inspection frequencies in routine supervision;

(5) Granting relevant honorary titles in accordance with the relevant State and provincial provisions;

(6) Other measures that laws and administrative regulations provide may be employed.

Article 32: Supervision and management of untrustworthy entities shall be increased, employing the following restraint and punishment measures:

(1) listing them as key management targets in routine management, increasing the frequency of inspections, and strengthening on-site examinations;

(2) restricting the enjoyment of government capital arrangements and other policy supports;

(3) Cancel facilitation measures already enjoyed in administrative management;

(4) Measures such as reducing credit points in public resource transactions;

(5) restricting participation in government-organized commendations and awards;

(6) other measures that laws and administrative regulations provide may be employed.

Article 33: Industry associations shall strengthen the establishment of industry credit management, cooperate with Credit Service Establishment,s to carry out credit grading and classification, and, on the basis of the association charter, adopt reward measures for trustworthy entities such as key recommendations or raising the rank of members; and adopt punitive measures such as industry warnings, circulation of criticism, reducing membership rank, cancelling membership credentials, for untrustworthy entities.

Article 34: Based on their trading partners credit situation, market entities may give beneficial facilitation, increased trade opportunities, and other reductions of transactions costs for to trustworthy entities; and to cancel benefits, increase guarantee deposits, and otherwise increase transaction costs for untrustworthy entities.

Article 35: People's governments at or above the county level, and their relevant departments, shall use credit information during administrative management work in areas such as administrative licensing, administrative inspections, administrative punishment, qualification determinations, government procurement, tendering bids, evaluations, public resource transactions, transfer of state-owned land use rights, approval of financing projects, government Capital arrangements, investment solicitation, labor and employment,and social security.

Article 36: Administrative organs, enterprises, public institutions, and other such units, may identify Information Subjects' credit status, by making inquiries into Social Credit Information or purchasing credit services from credit service establishments.

Credit service establishments are encouraged to use technologies such as big data to develop and innovate credit products in which they retain intellectual property rights, expanding the range of uses of credit products.

Article 37: Credit subjects shall use credit information in financial activities, market transactions, enterprise governance, industry management, financing, and public interest, and other such activities, so as to prevent market risks.

Article 38: Financial institutions may provide benefits and facilitation in areas such as credit financing, interest rates, methods for repaying debt to trustworthy entities; and use risk pricing models to increase interest rates on loans and property insurance rates for untrustworthy entities, or limit the provision of services such as loans, sponsorship, underwriting, or insurance to them.

Chapter VI: Safeguards for Rights and Interests

Article 39: The provincial people's government's departments in charge of Social Credit Information work shall, in conjunction with relevant departments, establish and improve the Social Credit Information security protection systems and mechanisms for protecting Credit Subjects' rights and interests, shall establish mechanisms to pursue accountability for credit information violations and mechanisms for handling objections to credit information and restoring credit, to safeguards Credit Subjects' lawful rights and interests.

Article 40: Information providing units shall establish and improve credit information security management systems, employing the necessary technical means and management measures to ensure the safety of public credit information.

The Social Credit Information 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; improve information security management systems, back up systems, and disaster recovery mechanisms; ensuring the regular operations of the Social Credit Information system and the security of credit information.

Article 41: The Social Credit Information platform shall promptly update or cancel Credit Subjects' credit information based on the credit subject's changing credit situation.

Article 42: Credit Subjects have the right to know about conditions such as the accumulation 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.

Article 43: Where Credit Subjects find that information disclosed by the departments in charge of Social Credit Information is untrue or violates commercial secretes or personal privacy, they may submit a written objection request to that department, and hand over relevant materials.

Article 44: The department in charge of Social Credit Information shall compare the information within two working days from the date of receipt of the objection request.

Where the information recorded on the Social Credit Information platform differs from the information provided by the Information Providing Unit, the department in charge of Social Credit Information shall correct it within seven working days from the date of receipt of the objection request and notify the Credit Subject.

Where the information recorded on the Social Credit Information platform is the same as the information provided by the Information Providing Unit, the department in charge of Social Credit Information shall notify the Information Providing Unit to conduct a verification, and the Information Providing Unit is to respond with a verification conclusion within 15 working days of receiving the notification; where the verification requires that inspections, testing, quarantine, evaluations or expert review, the time required is not calculated into the prescribed period. The department in charge of Social Credit Information shall, within seven working days of receiving the verification results, notify the credit subject of the results of the handling. Where the Credit Subject has any objections to the results, it may raise an administrative lawsuit in the people's courts.

Article 45: During the period of handling an objection application, the department in charge of Social Credit Information shall label the information as subject to an objection. The department in charge of Social Credit Information shall delete objection information that the Information Providing Unit confirms there is no way to verify

Article 46: 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 department in charge of Social Credit Information. After Credit Subjects' credit information is restored, they are no longer to be the target of joint disciplinary action in accordance with provisions.

Article 47: Where Credit Subjects apply for the Provincial Social Credit Information Body to delete information such as their commendations, volunteer service and charitable donations, the Provincial Social Credit Information Body shall promptly delete it.

Chapter VII: Legal Responsibility

Article 48: Where State organs or their staffs violate the provisions of these Regulations by any of the following conduct, the department in charge of Social Credit Information, 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) failure to perform responsibilities to handle objections or restore credit;

(5) Failure to implement joint incentives for trustworthiness and joint disciplinary action measures for untrustworthiness;

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

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

Article 49: In any of the following situations where credit service establishments, industry associations, or platform enterprises,and their staffs, violate these Regulations, the department in charge of Social Credit Information work, 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 100,000 RMB, and where the circumstances are serious fine them between 100,000 and 300,000 RMB; and fine individuals between 10,000 and 30,000 RMB, and where circumstances are serious fine them between 30,000 and 100,000 RMB and where a crime is constituted, criminal responsibility is to be pursued in accordance with law:

(1) illegally collecting credit information;

(2) illegally acquiring or selling credit information;

(3) Altering, fabricating, or leaking credit information.

Article 50: Where these Regulations are violated in the course of accumulating, disclosing, or using credit information, and the like, harming the Credit subjects' lawful rights and interests, civil liability is borne in accordance with law.

Chapter VIII: Supplementary Provisions

Article 51: "Credit service establishments" as used in these Regulations refers to lawfully established professional service establishments that engage in credit rating, credit consultation, credit risk control, and other related business activities; and publicly provide credit products.

Article 52: The provincial people's government may draft specific implementation measures on the basis of the relevant provisions of these Regulations.

Article 53: The State Council's "Credit Reporting Industry Management Regulations" apply to social credit reporting establishments and the management of credit information they acquire,

Article 54: These Regulations come into force on January 1, 2018.

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