Hainan Provincial Implementation Plan for Strengthening the Establishment of the Personal Creditworthiness System

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

Source: http://www.creditchina.gov.cn/zhengcefagui/zhengcefagui/difangzhengcefagui1/201808/t20180809_123069.html

The following Plan is hereby drafted in light of the actual conditions of out province, so as to implement the spirit of the "Guiding Opinion by the General Office of the State Council on Strengthening the Establishment of the Personal Creditworthiness System" (Guobanfa (2016) No. 98), to accelerate and advance the construction of Hainan Province's personal creditworthiness system:

I. General Requirements

Take the core socialist values as the root of education and practice from which to vigorously promote a culture of creditworthiness, accelerate the construction of creditworthiness records, improve personal information security, privacy protection and mechanisms for credit restoration, establish and complete joint reward and punishment mechanisms for creditworthiness, increase the for of incentives for the trustworthy and punishments for the untrustworthy, and let creditworthiness become a value pursued by the entire society and a behavioral more, creating a positive environment where 'trustworthiness is honored and untrustworthiness is shameful".

II. Widely carry out publicity on the culture of creditworthiness and strengthen education on personal creditworthiness

(1) Forcefully carry forward a culture of creditworthiness . Put the establishment of a culture of creditworthiness in an prominent position, using the cultivation and practice of the core socialist values as a base in vigorously spreading credit knowledge; promote the creditworthiness culture concepts of "honesty, sincerity, trustworthiness, and dependability"; making education on creditworthiness run through the entire course of citizen morality construction and the creation of spiritual culture. (RESPONSIBLE UNITS: Provincial Party Committee Publicity Department, Provincial Civilization Office)

Take Spring Festival, International Consumer Rights Day, Labor Day, Children's Day, Online Credit Publicity Day, the National Day of Credit Concern, Credit Worthiness for Prosperity Publicity Month, National Day, National Constitution Day and National Legal Publicity Day, Joy Festival, and Hainan International Tourism Island Pruchasing Day together with other important times and holidays, legally prescribed holidays, and special Hainan holidays, for concentrated publicity on credit policies and regulations, credit information, and type cases, making creditworthiness education permeate the construction of citizens' morality and spiritual citizenship. Strengthen publicity and education on creditworthiness for the responsible parties of enterprises, students, youth, and children; strengthen education on professional ethics with creditworthiness as the primary focus for key groups such as accountants and auditors, tour guides, financial practitioners, public employees, and intermediary service employees, especially for real estate and domestic service personnel. Promote the creation of art works and public interest advertisement on creditworthiness that blend the traditional Chinese culture of creditworthiness with modern values, enriching the media for publicity on creditworthiness, increasing the frequency of publicity, and creating a positive environment where "trustworthiness is honored and untrustworthiness is shameful". (责任单位:省委宣传部、省文明办、省网信办,省政府金融办、省文化广电出版体育厅、省教育厅、省人力资源社会保障厅、省司法厅、省旅游委、省财政厅、省住房城乡建设厅、省商务厅,各市县政府,人行海口中心支行)

(2) Introduce examples of creditworthiness through multiple channels. Give full play to the media's role in guiding public opinion, making examples of creditworthiness from administrative counterparts with good credit status as determined by social organizations carrying out categorical credit management, models of creditworthiness and morality, "best families", exception youth volunteers, creditworthy members recommended by industry associations and chambers of commerce, and so forth. Use activities selecting models of individual creditworthiness as a level, periodically carrying out activities selecting examples of creditworthiness, and using multiple channels to publicize and introduce them, including websites such as "Credit Hainan", Hainan Island News, Hiwenming.com, and Hainan Online, as well as news media, official WeChat accounts, and so forth. Put forward a group of high-quality, online cultural works on creditworthiness, strengthen warning education through cases of online untrustworthiness. (责任单位:省委宣传部、省文明办、省网信办,省政府金融办,海南日报社)

(3) Comprehensively strengthen creditworthiness education and training. All levels and types of educational establishment and Communist Youth League organization throughout the province should strengthen creditworthiness education among students and youth, raising awareness and levels of creditworthiness, and promoting creditworthiness as a major piece of elementary and secondary education students' ideological and character education. Establish and complete archives on the creditworthiness of adult students 18 years old or older, making personal creditworthiness an important factor in considering their advancement, graduation, assessments and recognitions, issuance of scholarships, evaluations, recommendations and other such situations in higher education. Accellerate the establishment of personal credit archives, targetting untrustworthy acts such as cheating on tests, academic fraud, not performing on promises to return financial assistance loans, or fabricating employment materials, for education and punishment, and entering relevant information into their personal credit archives in accordance with laws and regulations. (RESPONSIBLE UNITS: Provincial Education Department)

Thoroughly carry out education on creditworthiness, legal compliance, and professional ethics for public officials. Draft implementation measures for the establishment of professional ethics for our province's public officials, compile a handbook on creditworthiness for public officials, and include credit education for public officials' in their orientation training, in-service training, and in special operational and in-service trainings. Before the end of December 2017, draft a code of conduct for credit service establishments and their practitioner staff, encourage and organize the signing of credit promises when entering the field, and carry out training activities on credit knowledge, cultivating a credit culture in enterprises; organize the compiling of texts on credit knowledge, relying on all types of basic level organization in communities (villages) to spread credit knowledge to the public. (责任单位:省委组织部、省委宣传部,省人力资源社会保障厅、省发展改革委、省民政厅)

III. Implementing real-name registration systems, and accelerating the establishment of personal creditworthiness records

(1) Improve personal real-name registration systems. With the citizen identification number system as a foundation, advance the establishment of a uniform social credit number system. Strengthen the collection and updating of resident identification information, promote efforts to register fingerprint information on resident identity cards, and bring about full coverage of citizens' uniform social credit numbers. Utilize information technology methods to continuously strengthen efforts to review and verify personal identity information, ensuring uniqueness of personal identity distinguishing information. (RESPONSIBLE UNITS: Provincial Public Security Department)

Advance the establishment of real-name registration systems using the internet, healthcare, mail and couriers, telecommunications, financial accounts, employment and social security, and other such areas as the focus, so as to accurately collect personal creditworthiness records and establish a foundation. (责任单位:省网信办,省公安厅、省交通运输厅、省发展改革委、省工业和信息化厅、省通信管理局、省邮政管理局、省卫生计生委、省人力资源社会保障厅,人行海口中心支行)

(2) Accelerate the establishment of creditworthiness records.

Establish personal creditworthiness records with the focus on industries such as food and drugs, production safety, traffic safety, environmental protection, biological security, product quality, tax collection, health care, engineering and construction, financial services, intermediary services, judicial proceedings, e-commerce, and travel; and the principal targets being the officials, legally-designated representatives and the relevant responsible persons for enterprises, lawyers, teachers, doctors, practicing pharmacists, appraisers, tax accountants, registered fire safety engineers, accountant audit personnel, real estate agents, certified personnel, financial professionals, and tour guides and other professional groups. Accelerate the compilation of the "Hainan Provincial Personal Credit Information Catalog", clarifying the scope of credit information collection, and regulating to format for aggregation. (责任单位:团省委、省网信办,省食品药品监管局、省安全监管局、省公安厅、省生态环境保护厅、省质监局、省地税局、省国税局、省卫生计生委、省人力资源社会保障厅、省住房城乡建设厅、省政府金融办、省知识产权局、省高级法院、省检察院、省发展改革委、省商务厅、省工商局、省民政厅、省公务员局、省司法厅、省教育厅、省财政厅、银监会海南监管局、证监会海南监管局、保监会海南监管局、省旅游委,人行海口中心支行)

(3) Strengthen the establishment of online creditworthiness. Further implement the online real-name systems, establish and complete credit records for the online conduct of persons online, forming personal online credit archives, and advancing the implementation of mechanisms for exchanging and sharing online credit information and credit information from other fields. (RESPONSIBLE UNITS: Provincial Internet Information Office)

IV. Accelerate the improvement of personal information security and privacy protection, and establish credit restoration mechanisms

(1) Protect personal information and security for privacy. establish and complete management measures to safeguard personal information and security for privacy, clarifying the scope of authority and procedures for inquiries into personal information, and do a good job in efforts on database security, increasing the extent of investigation and handling for conduct such leaks, modification, destruction, sale, or illegal provision of personal information. (RESPONSIBLE UNITS: Provincial Public Security Department)

Increase the degree of oversight and management of bodies accessing the Basic Financial Credit Information Databases, financial institutions, credit reporting agencies, internet enterprises, big data companies, mobile application development enterprises, to ensure the compliance personal credit reporting operations. Establish credit archives and business violation 'blacklist' systems for credit reporting bodies and relevant personnel, by the end of December, 2017. Before the end of December 2018, implement key supervision and control of financial institutions, credit reporting establishments, internet enterprises, big data companies, and mobile application program development enterprises; regulating their collection, provision, use of personal information. (责任单位:省网信办,省政府金融办、省工业和信息化厅、省工商局、省发展改革委,人行海口中心支行)

(2) Establish and improve mechanisms for restoring credit. Establish mechanisms for restoration by corrections, restoration, clean start restoration, and proactive restoration of personal public credit information; and draft detailed implementation regulations for management systems such as handling objections and administrative reconsideration. Each city and county is responsible for establishing mechanisms for the correction and restoration of personal public credit information, drafting operational implementation regulations for management systems such as handling objections, complaints, and administrative reconsideration, and is to clarify the joint disciplinary action for all kinds of untrustworthy conduct, and no longer targeting those that self-correct and proactively start anew in the time provided for joint disciplinary action. (责任单位:省政府金融办、省社会信用体系建设联席会议成员单位,各市县政府)

V. Standardize the sharing and usage of personal creditworthiness information

(1) Promote sharing of personal public credit information. 由省政府金融办牵头构建个人信用信息的省级公共信用信息共享平台,强化完善平台功能,发挥信用信息共享查询、公开公示、联合奖惩等作用,扩大信用信息覆盖面。 各市县政府抓紧建设信用信息系统,于2017年12月底前实现与省公共信用信息共享平台对接。 (责任单位:省政府金融办、省工业和信息化厅、省工商局,各市县政府)

建立跨市县、跨部门、跨行业个人公共信用信息的互联、互通、互查机制。 落实个人信用信息公开制度,对于严重失信各类自然人的处罚信息及时归集并公示。 (责任单位:省政府金融办、省质监局,各市县政府,人行海口中心支行)

(2) Actively carry out personal Public Credit Information services. 于2018年12月底前建立个人公共信用信息分类管理和诚信积分管理机制,支持有条件的地区和行业建立个人公共信用信息与金融信用信息共享数据库,各市县政府依法依规向社会提供个人公共信用信息授权查询服务。 2018年12月底前,由省政府金融办搭建海南省个人信用信息共享平台,编制个人信用信息目录,各市县可根据实际情况对信用信息目录进行调整。 (责任单位:省政府金融办,各市县政府)

VI. Build mechanisms for coordinating joint incentives for personal trustworthiness and joint disciplinary action for untrustworthiness.

(1) Provide more facilitation for those positive personal credit. 对信用状况良好的行政相对人、诚信道德模范、优秀志愿者、行业协会商会推荐的诚信会员,以及新闻媒体挖掘的诚信主体等建立优良信用记录,2018年12月底前由各有关部门、各市县政府落实守信激励措施,对具有优良信用记录的个人,在教育、就业、创业等领域给予重点支持,尽力提供更多的便利服务。 (责任单位:省委宣传部、团省委、省文明办,省发展改革委、各行业主管部门、省民政厅、省教育厅、省人力资源社会保障厅,各市县政府,人行海口中心支行)

Facilitation service measures such as "green channels" and "permissive acceptance" [acceptance despite defects in materials] may be lawfully employed for individuals with good credit records and administrative counterparts who have not had any negative credit information recorded for three consecutive years. Encourage social establishments to lawfully use credit reporting products, and give preferential treatment and facilitation to individuals with good credit records, making it so that the trustworthy obtain greater opportunities and benefits in the marketplace. (责任单位:全省各级政务中心、银监会海南监管局、保监会海南监管局、证监会海南监管局,各市县政府,人行海口中心支行)

(2) Carry out joint disciplinary action against seriously untrustworthy persons in key industries . Use big data tactics to strengthen credit monitoring in key fields. 建立并落实失信黑名单联合惩戒制度,鼓励市场主体对严重失信个人采取差别化服务,对失信者加强监督和约束,在评先选优、信贷支持等方面实行失信一票否决制。 (责任单位:省政府金融办、银监会海南监管局、保监会海南监管局、证监会海南监管局,各市县政府,人行海口中心支行)

Before the end of December 2017, list seriously untrustworthy individuals such as malicious debt evaders, illegal fundraisers, telecommunications and network defrauders, traffic violators, and those that do not pay taxes in accordance with law, as key targets for supervision, employing administrative constraint and punishment measures in accordance with laws and regulations. (责任单位:省网信办,省政府金融办、省公安厅、省财政厅、省发展改革委、省工业和信息化厅、省交通运输厅、省国税局、省地税局、各行业主管部门、省高级法院、银监会海南监管局、保监会海南监管局、证监会海南监管局,各市县政府,人行海口中心支行)

Before the end of December 2017, establish and complete systems for disclosure, exposure, and reporting of individual's serious untrustworthy acts, relying on all levels of government portal sites and the 'Credit Hainan' website, to lawfully publicly disclose serious untrustworthy acts by individuals , and fully putting into play the function of overseeing societal public opinion, forming a powerful social deterrent. (RESPONSIBLE UNITS: Provincial government financial offices)

VII. Strengthening safeguard measures

(1) Strengthen Organizational Leadership. 由省政府金融办、各市县政府统筹规划,部署实施个人诚信体系建设工作,定时对本市县、本领域个人诚信体系建设工作进行督促、指导和检查。 强化责任意识,细化分工,确保责任到人、工作到人、落实到人。 (责任单位:省政府金融办,各市县政府)

(2) Increase capital investment. The provincial finance department and each city and county government, is to actively provide financial assurance for efforts to organize the construction of an personal creditworthiness system. Expand the extent of financial support for areas such as the establishment of personal public credit information databases, application of information, publicity and education, and cultivation of talent. (RESPONSIBLE UNITS: Provincial Finance Department, each city government)

(3) Improve credit systems. Strictly implement the nation's laws and regulations related to the establishment of an personal creditworthiness system, strengthening protections of personal information security and personal privacy, vigorously preserving entity rights and lawful rights and interests of personal information, creating a positive legal environment for the establishment of a personal creditworthiness system. (RESPONSIBLE UNITS: Provincial Government Finance Office, Provincial Development and Reform Commission, Haikou branch of the People's Bank of China)

省社会信用体系建设联席会议成员单位负责研究出台我省个人信用信息征集管理办法,规范信息征集、加工、使用、公开、共享和监管等行为。 各市县政府、各有关部门按照国家和省政府有关要求,制定适合本地区的规章制度,并对现行规章和规范性文件进行修改。 (责任单位:省社会信用体系建设联席会议成员单位,各市县政府)

All city and county governments, and all departments, should summarize actual work conditions to give full attention to lead by example, and realistically and effectively carrying out efforts related to the establishment of the personal creditworthiness system. The Provincial Government Finance Office and Provincial Development and Reform Commission, together with relevant departments, are responsible for the general coordination, tracking and researching, urging and inspecting for this Plan, to ensure that all works are steadily and orderly carried out.

 

About China Law Translate 708 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*