Hunan Provincial people's government Implementation Opinion for Strengthening the Establishment of the Personal Creditworthiness System

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Source: http://www.creditchina.gov.cn/zhengcefagui/zhengcefagui/difangzhengcefagui1/201807/t20180719_120945.html

Each prefecture, county, city and district people's government, each commission and subordinate body of the provincial government;

The following Implementation Opinions are drafted with the approval of the provincial people's government, so as to implement the spirit of documents such as 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 truly strengthen the establishment of a personal creditworthiness system, to carry forward the traditional virtue of creditworthiness, to raise members of the public's awareness of creditworthiness, to commend creditworthiness and punish untrustworthiness, to create a positive credit environment, and to increase society's credit level.

I. Overall Requirements

1. Guiding Concepts: Fully implement the spirit of the 19th Party Congress, persist in having Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance, 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 mecha joint reward and punishment mechanisms of joint incentives for the trustworthy and joint 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'.

(2) Basic principles. Follow the principles of the government taking the lead and society building together, establihment of rule of law and regulated development, comprehensive advancement with critical breakthroughs, strengthening the use of joint rewards and punishments, to thoroughly advance our province's establishment of a personal creditworthincess system, relying on the provincial credit information sharing and exchange platform and Basic Financial Credit Information Databases and personal credit appraisal establishments to separately bring about the recording, aggregating, sharing, processing, and application of personal public credit information and personal credit reporting information.

II. Key Tasks

(1) Building mechanisms for personal creditworthiness education.

1. Forcefully carry forward a culture of creditworthiness. Put the construction of a culture of creditworthiness in a prominent position, cultivate and practice the socialist core values. Include citizen creditworthiness in citizen conventions, village rules and resident contracts, industry regulations, and so forth. Forcefully spread credit awareness, and have creditworthiness education run through the entire process of establishing citizen's morality and building a spiritual civilization. Strengthen education on social morality, professional ethics, family virtues, and personal morality, building a social atmosphere where "the trustworthy are proud, the untrustworthy are ashamed, and those without credit are concerned. (责任单位:省委宣传部、省文明办、省委网信办、省发改委、省教育厅、省人力资源社会保障厅、省文化厅、省新闻出版广电局、团省委等有关单位,持续实施)

2. Carry out widespread publicity on creditworthiness. 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, together with other important times and holidays and legally prescribed holidays, to thoroughly carry out special publicity activities on creditworthiness, concentrate publicity on credit policies and regulations, credit information, and type cases. Integrate China's traditional culture of creditworthiness with modern values, creating a series of artwork and public interest advertisements on creditworthiness that are diverse in subject matter and lively in presentation, films shot closely related to the people's lives and delightful for the masses, use rich media for creditworthiness publicity, increasing the frequency of creditworthiness publicity, and raising the level of creditworthiness publicity. Carry out special education and governance activities targeting key groups and individuals where creditworthiness is lacking or where there are pressing requirements for the establishment of creditworthiness. (责任单位:省委宣传部、省文明办、省委网信办、省发改委、省教育厅、省司法厅、省人力资源社会保障厅、省商务厅、省工商局、省新闻出版广电局、省质监局、省安监局、团省委、人民银行长沙中心支行等有关单位,持续实施)

3. Actively choose and establish exemplars of creditworthiness. Give full play to the role of media in publicity and guidance, vigorously unearth and publicize adminstrative counterparts with positive credit statuses, enterprises that 'follow contracts and emphasize credit', moral models of creditworthiness, A level taxpayers, exceptional youth volunteers, good neighbors, and other examples of creditworthiness selected by relevant departments and social organizations; announcing and introducing them through the 'Credit Hunan' website, government websites, and other channels. Organize all websites to carry out special topics on internet creditworthiness, regularly publicizing and promoting exemplars of creditworthiness, deeds of creditworthiness, to put forth a wave of high-quality online cultural projects, on the theme of creditworthiness, and strengthen using cases of online untrustworthiness as warning lessons. Support relevant departments and social organizations in recommending persons with no negative credit record to the public and exemplars of creditworthiness, and use the Provincial Credit Information Sharing and Exchange Platform to carry out cross-departmental and cross-field measures for the joint reward of trustworthiness. (责任单位:省委宣传部、省文明办、省委网信办、省发改委、人民银行长沙中心支行、省工商局、省国税局、省地税局、团省委等有关单位,持续实施)

4. Comprehensively strengthen creditworthiness education in schools. Increase content educational content on creditworthiness in basic, higher, vocational, and adult education, and other relevant courses. Further support schools of higher learning in establishing courses related to the establishment of a social credit system. Support schools of higher learning with the capacity in developing majors related to social credit administration. Promote schools to strengthen social credit administration, establishing and completing archives on the creditworthiness of students 18 years old or older, promoting making students' personal creditworthiness an important factor in considering their advancement, graduation, assessments and recognitions, issuance of scholarships, evaluations, recommendations and other such situations. Untrustworthy acts such as cheating on tests, academic fraud, not performing on financial assistance loans, or fabricating employment materials, are to be met with education, and the relevant information entered into their personal credit archive in accordance with laws and regulations. (责任单位:省教育厅、团省委、省发改委、人民银行长沙中心支行等有关单位,持续实施)

5. Widely carry out credit education and training. Establish and complete systems for professional training and specialized evaluation in credit management. Formulate practice standards for credit service establishments and their practitioner staffs, increase the extent of training for those working in the credit industry. Encourage all types of social organizations and enterprises to construct credit management and education systems, Organize the drafting of texts on credit knowledge issued to government departments, market entities, schools, and the public, spreading credit knowledge. (责任单位:省人力资源社会保障厅、人民银行长沙中心支行、省发改委等有关单位,持续实施)

(2) Accelerate the establishment of personal creditworthiness records.

1. Implement 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 personal identity information, ensuring uniqueness of personal identity distinguishing information. Follow laws and regulations to determine the scope of implementation for real-name identification systems, and fully implement the establishment of real-name registration systems using the healthcare, transportation, transportation of hazardous materials, internet, 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 create a foundation for joint rewards and punishments. Steadily advance connectivity between public security databases of basic population information and the Provincial Credit Information Sharing and Exchange Platform, making it so that personal identity information can be checked and compared online. (责任单位:省公安厅、省发改委、省委网信办、省卫生计生委、省交通运输厅、省民政厅、省人力资源社会保障厅、省政府金融办、省通信管理局、省邮政管理局、人民银行长沙中心支行等有关单位,持续实施)

2. Establish personal creditworthiness records in key fields. The relevant departments should accelerate the establishment and improvement of mechanisms for forming and dynamically updating personal credit records , promptly aggregate credit information formed by relevant personnel in relevant activities and send it to the Provincial Credit Information Sharing and Exchange Platform to realize sharing and exchanges of personal public credit information with the focus on industries such as food and drugs, production safety, fire safety, traffic safety, environmental protection, biological security, product quality, tax collection, health care, labor security, engineering and construction, statistical data quality, financial services, intellectual property rights, judicial proceedings, e-commerce, volunteer service, research and education; and the principal targets being the officials, legally-designated representatives and the relevant responsible persons for public institutions and enterprises, lawyers, teachers, doctors, practicing pharmacists, appraisers, tax accountants, registered fire safety engineers, architects, cost supervisors, tenderers, construction technicians, accountant audit personnel, real estate agents, certified personnel, financial professionals, and tour guides and other professional groups. The Basic Financial Credit Information Databases and personal credit reporting establishments should vigorously develop personal credit reporting information aggregation and services in key fields. Encourage and guide industry associations, chambers of congress, and other such industry organizations in establishing and completing member credit archives, bringing about inter-connectivity with the Provincial Credit Information Sharing and Exchange Platform. (责任单位:省食品药品监管局、省安监局、省发改委、省教育厅、省科技厅、省公安厅、省民政厅、省司法厅、省财政厅、省编办、省人力资源社会保障厅、省环保厅、省住房城乡建设厅、省交通运输厅、省商务厅、省文化厅、省卫生计生委、省地税局、省统计局、省工商局、省新闻出版广电局、省质监局、省旅发委、省政府金融办、省知识产权局、团省委、省国税局、人民银行长沙中心支行等有关单位,持续实施)

(3) Improve the mechanisms for personal information security, privacy protection, and credit restoration.

1. Protect the security of personal information. relevant departments should strictly follow and strictly implement provisions to establish and complete systems of rules such as for recording, aggregating, sharing, using, and protecting security of personal information, clarifying the authority and procedures for making inquiries into personal information, and establish and improve systems for registering use of and reviewing personal information inquiries, to do a good job of database security prevention and prevention of information leaks. Strictly follow the relevant laws and regulations to increase the degree of oversight and management of the financial information basic database and credit reporting agencies, to ensure that personal credit reporting businesses are developed up to code, safeguard the lawful rights and interests of information entities, and ensure the security of state information. Establish a credit archive and rule-breakers' "black list" system for credit reporting establishments and relevant personnel. (责任单位:省社会信用体系建设领导小组成员单位按职责职能分工负责,持续实施)

2. Strengthening Protections of Privacy. Personal public credit information must not be collected except by authorization of laws and regulations. Increase the extent of investigation and punishment of acts such as the disclosure, alteration, destruction, sale or illegal provision to other of personal information, as well as illegal stealing of personal information. Draft and improve oversight measures for areas such as collection, provision, and use of personal information as well as privacy protections. Implement key supervision and control of financial institutions, credit appraisal establishments, internet enterprises, big data companies, internet finance companies, and mobile application program development enterprises; regulating their collection, provision, use of individual information. (责任单位:省公安厅、省委网信办、省发改委、省工商局、省政府金融办、省通信管理局、人民银行长沙中心支行、湖南证监局、湖南银监局、湖南保监局等有关单位,2018年12月底前完成)

3. Establish mechanisms for restoring credit. Establish mechanisms for the correction and restoration of personal public credit information, draft operational implementation regulations for management systems such as handling objections, complaints, and administrative reconsideration. Follow relevant laws and regulations and state deployments relating to announcement of administrative permits, administrative punishments and other credit information, clarifying the period for display of each type of Public Credit Information, and that Public Credit Information is not to be displayed again or displayed beyond the prescribed time. 畅通信用修复渠道,丰富信用修复方式,运用教育培训、强化指导等手段,支持有失信行为的个人通过事后主动履约、申请延期、自主解释等方式减少失信损失,通过按时履约、志愿服务、慈善捐助等方式修复信用,重塑诚信形象。 (责任单位:省社会信用体系建设领导小组成员单位按职责职能分工负责,持续实施)

(4) Standardize the sharing and usage of personal creditworthiness information.

1. Promote sharing of personal public credit information. Research drafting provincial catalogs, categorical standards, and regulation of sharing and exchange of personal public credit information. City's and prefectures should draft catalogs of Public Credit Information for the corresponding region. All levels of relevant departments should send aggregated personal Public Credit Information to the provincial credit information sharing and exchange platform. Rely on the Provincial Credit Information Sharing and Exchange Platform to establish a personal Public Credit Information database, and gradually establish interconnected, intercommunicating, and mutually checking mechanisms that cross regions, departments, and industries. (责任单位:省发改委、省公安厅、人民银行长沙中心支行、省质监局等有关单位,2018年12月底前完成)

2. Actively carry out personal Public Credit Information services. All levels of relevant local departments should follow the laws and regulations to establish and improve systems for registered use and review of inquiries into personal Public Credit Information, clarifying the authority and procedures for inquiries into personal information, to promptly provide society with authorized public credit information inquiry services in accordance with laws and regulations. Explore management mechanisms based on connecting categorical management of Public Credit Information and creditworthiness credits, encourage and support areas with the capacity in including personal Public Credit Information residents' creditworthiness in citizen cards, creating a 'citizen credit card'. Promote the establishment of relationships for sharing between provincial level Public Credit Information databases and Basic Financial Credit Information Databases, and provide services to personal credit reporting establishments. (责任单位:省发改委、人民银行长沙中心支行等有关单位,2018年12月底前完成)

(5) Improving the mechanism for rewarding personal trustworthiness and punishing untrustworthiness

1. Provide greater services and facilitation to those individuals with positive credit. Establish good credit records for administrative counterparts with good credit circumstances, models of creditworthiness and moralilty, and exceptional volunteers that are identified through relevant departments and social organizations' implementation of categorical credit management; creditworthy members recommended by industry associations and chambers of commerce; as well as and creditworthy entities uncovered by news media; be put up as exemplars of creditworthiness and so forth; relevant departments at all levels should innovate incentive measures for trustworthiness and give preferential consideration to creditworthy entities in implementing government funding program arrangement, preferential policies related to bidding and tendering and drawing in investment, and other such government benefit support policies. In education, employment, entrepreneurship, social security and other areas, key support and priority facilitation is to be given to creditworthy individuals. In accordance with their lists of authority and responsibility, all administrative approval departments n the course of handling administrative permits and other such processes, facilitation service measures such as "green channels" and "permissive acceptance" [acceptance despite defects in materials] may be lawfully employed for individuals 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:省发改委、人民银行长沙中心支行、省委宣传部、省文明办、省民政厅、团省委、省教育厅、省人力资源社会保障厅等有关单位,持续实施)

2. Carry out joint disciplinary action against seriously untrustworthy persons in key industries . All levels of each relevant department should draft systems for designating personal untrustworthy conduct, delineating levels, and categorical oversight and management, to conduct categorical handling and rating of individual untrustworthy conduct. All levels of departments leading the establishment of the social credit system should report aggregate and form and a list of punishment measures, as a basis for joint punitive action in all areas, and urge its be put in place and implemented. Employ joint disciplinary action measures in accordance with laws and regulations against personal acts of untrustworthiness such as those that seriously endanger the public's safety in their health and lives, those that seriously undermine the order of fair market competition and social justice, refusals to perform legally prescribed obligations seriously influencing judicial and administrative organs credibility, as well as refusals to perform national defense obligations. List seriously untrustworthy individuals as targets for key scrutiny, such as those who maliciously avoid debt, gain assets and funds through fraud, give or accept bribes, illegally fundraise, conduct telecom fraud, conduct internet fraud, conduct financial fraud, have traffic violations, do not lawfully and honestly pay taxes, or who obtain employment and entrepreneurship benefits and social security funds through fraud, and lawfully employ administrative restrictions and punishment measures against them. At the same time that joint disciplinary action is conducted against untrustworthy enterprises and public institutions, corresponding joint disciplinary action should be taken against the relevant responsible persons, in accordance with laws, regulations, and policies, and make joint disciplinary action reach down to the individual. Encourage Basic Financial Credit Information Databases and personal credit reporting establishments delivering records of serious personal untrustworthiness to the provincial credit information sharing services platform and being a consideration in carrying out punitive measures. (责任单位:省发改委、人民银行长沙中心支行、湖南银监局、湖南保监局、湖南证监局、省高级人民法院、省公安厅、省财政厅、省经信委、省委网信办、省交通运输厅、省国税局、省地税局等有关单位,持续实施)

3. Promote the formation of market, social, and industry constraints and punishments. All levels of all relevant departments should establish and complete systems for disclosure, exposure, and reporting of individual's serious untrustworthy acts, relying on the government portal websites and credit websites, to publicly disclose information on serious untrustworthiness by individuals known by all levels of people's government in accordance with laws and regulations, and announce it on the "Credit Hunan" website. Encourage market entities to provide differentiated services to seriously untrustworthy individuals. Support credit reporting institutions in collecting information on serious untrustworthy conduct and including it in credit records and credit reports. Encourage industry associations and chambers of commerce to complete internal industry credit information collection and sharing mechanisms, recording serious untrustworthy conduct in members' and individuals' credit archives, an simultaneously send them to the provincial credit information sharing and service platform. (责任单位:省发改委、人民银行长沙中心支行、省财政厅、省商务厅、省工商局等有关单位,持续实施)

III. Safeguard Measures

(1) Strengthen Organizational Leadership. All levels of all relevant departments should do overall planning to truly strengthen efforts to establish personal creditworthiness, strictly following the primary division of labor, to research and put forward specific implementation plans, detailing responsibilities, clarifying deadlines for completion, and ensuring responsibility, work, and implementation down to the individual. Establish mechanisms for advancing work evaluations, periodically conducting oversight, guidance, and inspections, and retain third-party establishments to conduct assessments. (责任单位:省发改委、人民银行长沙中心支行等有关单位,持续实施)

(2) Strengthening systems of rules. Follow the national credit laws and regulations to gradually establish and improve the system of regulations on 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, improve systems for regulating all phases in for personal public creditworthiness information, such as for its recording, aggregating, processing, inquiry, and application; creating a positive legal environment for the establishment of an personal creditworthiness system. (责任单位:省政府法制办、省发改委、人民银行长沙中心支行等有关单位,持续实施)

(3) Expand funding supports. All levels of all relevant departments should strengthen funding safeguards for the establishment of social credit system, and actively provide financial support for the organization efforts on the construction of an personal creditworthiness system. Expand the extent of financial support such as for establishment of personal public credit information databases, application of information, publicity and education, and cultivation of talent, to ensure that each item is put in place and truly implemented. (责任单位:省发改委、人民银行长沙中心支行、省财政厅等有关单位,持续实施)

Government Office of the Hunan Provincial People's Government

April 9, 2018

 

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