"Measures on the Management of the Social Organizations's Credit Information" (Draft for Solicitation of Comments)

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So as to promote the establishment of a social organization credit system, to implement the "Opinions On Reforming the Social Organization Management and Promote the Healthy and Orderly Development of Social Organizations", our department has drafted these "Measures on the Management of the Social Organizations's Credit Information" (Draft for Solicitation of Comments), hereinafter "Comments Draft", on a the foundation of synthesizing experience from practice, thorough research, widely solicited opinions, and repeated research and deliberation of evidence. In order to widely hear the views of the public and further increase the quality of legislation, the full text of the draft for public comments and its explanatory note are hereby released, and solicit the views of all aspects of society. If relevant units or persons from any area have comments for the revision of the draft, they may submit the feedback through the following methods:

1.Log on to the China Law Information network (Web address: http://www.chinalaw.gov.cn), enter the main menu of the "Legislative Opinion Collection" comments panel.

2. Submit your comments via email to: zcfgs@mca.gov.cn。

(3) Mail comments by letter to: Beijing City, Eastern District, 147 Beihe Avenue, Ministry of Civil Affairs Department of Policy and Regulations, (zipcode 100721), and clearly write "Solicited Comments on the Measures On The Management of Social Organizations Credit Information".

The deadline for submitting comments is December 7, 2017.

Ministry of Civil Affairs

2017/11/8

Article 1: These Measures are formulated on the basis of relevant laws, regulations, and relevant national provisions, so as to strengthen the management of social organizations' credit information, advance the establishment of a credit system for social organizations, and promote the healthy and orderly development of social organizations.

Article 2: "Social organization credit information" as used in these Measures refers to the information related to social organizations' credit status formed or acquired by social organizations' registration management organs (hereinafter 'registration management organs') during the lawful performance of their duties.
Information related to social organizations' credit status formed by government's other relevant departments and judicial organs in the performance of their duties, is to be included in the social organizations' credit information in accordance with laws and regulations.

Article 3: The civil affairs department under the State Council guides the work of managing social organization credit information nationwide.
The Civil Affairs Departments of the State Council and departments of civil affairs for all levels of local people's government at the county level or above are responsible for managing the credit information of social organizations registered at that level.

Article 4: The management of social organization credit information shall follow the principles of openness in accordance with law, unified management, hierarchical responsibility, information sharing, and dynamic updating.

Article 5: Registration management organs carrying out social organization credit information management work shall preserve the secrecy of state secrets, commercial secrets and personal privacy, in accordance with law.

Article 6: Social organization credit information includes basic information, annual report information, administrative examination information, administrative punishment information, and other information.

Article 7: Basic information refers to information that reflects social organizations' registration, approval and filing.
Annual report information refers to information that social organizations disclose to the public in performing their annual report obligations in accordance with law.
Administrative inspection information refers to the conclusory information formed by registration management organs and relevant government departments in carrying out supervision and inspection on social organizations.
Administrative punishment information refers information such as the type of administrative punishment that social organizations are subjected to, the result of punishment, the facts of violation, the basis of punishment, the time of the punishment, and the department that gave the administrative punishment.
Other information refers to social organizations' assessment level and effective period, commendations or awards from relevant government departments, government procurement or retention matters; public fundraising credentials, qualifications for offering pre-tax deductions for public interest donations, and other information related to social organizations credit.

Article 8: The registration management organs shall, within 5 working days after the information is formed or obtained, enter the social organization credit information into the social organization credit information management system. Registration management organs that have not yet established social organization information system shall employ appropriate means to promptly collect and record relevant information.
The registration management organs shall strengthen the management and preservation of credit information and ensure information security.

Article 9: The registration management organs are to establish systems for a directory of social organizations with irregular activity and a list of those that are seriously untrustworthy on the basis of failures to perform obligations or violations of laws and regulations.

Article 10: Before social organizations are included in the Abnormal Activity Directory or List of the Untrustworthy with Serious Violations, the registration management organs shall notify them in writing of the facts, grounds, and basis, and inform them of the rights they enjoy in accordance with law. Those who can not be contacted through their registered residence shall be notified through internet announcement.
Where a social organization objects to being included in the Abnormal Activity List or the List of the Untrustworthy with Serious Violations, it may, within 10 working days from the date of receipt of the notice, submit a written statement of defense to the registration authority and submit the relevant supporting materials. Where notice is by way of announcement,and social organizations fail to submit the written statement of defense described above within 30 days of the notice, it is to be viewed as their being no objections.
The registration management organs shall verify written defense statements within 10 working days of their receipt and make a decision as to whether or not the organization is to be included in the Abnormal Activity Directory or a List of the Untrustworthy with Serious Violations, and notify the applicant in writing.

Article 11: The registration management organs shall include social organizations with any of the following circumstances in the Abnormal Activity Directory:
(1) failing to submit annual work reports to the registration management organs in accordance with prescribed requirements and time limits;
(2) Failing to establish a party organization in accordance with the relevant provisions;
(3) Failing to make corrections in the prescribed time period when issued documents by the registration management organs requiring correction of problems discovered in spot checks or other supervision inspections;
(4) Charitable organizations that have public fundraising credentials and have the circumstances provided for in Article 21 of the "Measures for the Management of Public Fundraising by Charitable Organizations";
(5) have received a warning or a fine of less than 50,000 RMB;
(6) Other situations that laws or administrative regulations provide should be included.
Where in the process of performing their duties in accordance with law two registered letters sent to a social organizations' registered address by the registration management organs are not signed for by the recipient, it is to be viewed as there being no way to contact the social organization through their registered address, and they shall be entered onto the Abnormal Activity Directory. The two mailing attempts must be separated by at least 20 days, but not more than 60 days.

Article 12: Where any of the circumstances above exist in a social organization, but their professional supervisory unit or other relevant departments show in writing that the social organization is not directly responsible, they might not be entered into the Abnormal Activity Directory.

Article 13: Where social organizations listed in the Abnormal Activity Directory again have circumstances for which they shall be listed in the Abnormal Activity Directory, the time for their inclusion is to be restarted.

Article 14: Where social organizations entered into the Abnormal Activity Directory perform the relevant obligations in accordance with provisions or complete reformation requirements, they may apply to the registration management organs to be removed from the Abnormal Activity Directory, and the registration management organs shall remove them from the Abnormal Activity Directory within 5 working days of verification; where there are not situations that should be reformed or obligations that should be performed, the registration management organs are to remove them from the Abnormal Activity Directory after sixth months of their entry.

Article 15: The registration management organs shall include social organizations with any of the following circumstances in the list of the seriously untrustworthy:
(1) was included in the list of irregular activities for 2 years;
(2) falsely handled changes of registration, had the change of registration revoked;
(3) received an administrative punishment of stopping activities for a period of time;
(4) received a fine of 50,000 RMB or more;
(5) received warnings or fines of up to 50,000 RMB from relevant government departments two or more times in three years;
(6) have been entered by a people's court into the blacklist of 'judgment defaulters';
(7) the registration management organs have cancelled their registration certificate or withdrawn the decision for their formation or establishment;
(8) Other situations that laws or administrative regulations provide should be included.

Article 16: Where social organizations included on the list of the seriously untrustworthy again have conduct for which they should be included in the list of the seriously untrustworthy, their time for inclusion is to be reset.

Article 17: For social organizations entered into the List of the Untrustworthy with Serious Violations in accordance with article 15(1) of these Measures, the registration management organs shall remove them from the Abnormal Activity Directory from the date of their entry; where they have been entered onto the List of the Untrustworthy with Serious Violations for 2 years but have followed provisions to perform relevant obligations or have completed required reforms, they may apply to the registration management organs to be removed and the registration management organs shall remove them from the List of the Untrustworthy with Serious Violations within 5 working days of verifying this.
For social organizations entered into the List of the Untrustworthy with Serious Violations in accordance with article 15(2) - (6) of these Measures, where they have been entered onto the List of the Untrustworthy with Serious Violations for two full years and have not had any of the circumstances provided for in article 15 of these measures occur, they may apply to the registration management organs to be removed, and the registration management organs shall remove them from the List of the Untrustworthy with Serious Violations within 5 working days of this being verified.
For social organizations entered into the List of the Untrustworthy with Serious Violations in accordance with article 15(7) of these Measures, the registration management organs shall remove them from the List of the Untrustworthy with Serious Violations within 5 working days of the organizations' deregistration being completed.

Article 18: Where the administrative punishment decision, decision to revoke registration, or 'judgment defaulters' list on which their inclusion in the List of the Untrustworthy with Serious Violations was based has been lawfully revoked or deleted, the social organizations may apply to the registration management organs to be removed, and the registration management organs shall remove them from the List of the Untrustworthy with Serious Violations within 5 working days of this being verified.

Article 19: Social organizations' credit information, the Abnormal Activity Directory and the List of the Untrustworthy with Serious Violations shall be publicly disclosed. The registration management organs are to provide online inquiry channels to the public.

Article 20: Where social organizations have objections to their own credit information, or the Abnormal Activity Directory and List of the Untrustworthy with Serious Violations, they may apply in writing to the responsible registration management organs and submit relevant materials. The registration management organs shall conduct a review within 30 working days, and where they discover errors, shall correct them within 5 working days of their verification; where after verification it is decided that changes are not to be made, they shall inform the applicant in writing and explain the reasons.

Article 21: On the basis of provisions on the establishment of a credit system from the State and from that administrative region, all levels of registration management organ are to provide social organizations credit information to relevant departments through the national credit information sharing platform,to bring about departmental information sharing.

Article 22: The registration and administration organs at all levels shall coordinate and cooperate with the relevant departments, within the scope of their own authority, to employ appropriate incentives and disciplinary measures on the basis of social organizations' credit information, with a view to promoting joint disciplinary action against untrustworthy social organizations.

Article 23: For social organizations with good credit, the registration management organs may adopt, or recommend that relevant departments adopt, the following incentive measures in accordance with law:
(1) Give preference in taking on government authorization for entrustment matters;
(2) give preference in government procurement of social organization services;
(3) give preference in obtaining funding and policy support;
(4) give preference to getting recommendations for commendations and rewards;
(5) implement incentive measures in memorandum of cooperation that have been signed.

Article 24: For social organizations entered onto the List of the Untrustworthy with Serious Violations, the registration management organs may adopt, or recommend that relevant departments adopt, the following punishment measures in accordance with law:
(1) List them as subjects for key supervision;
(2) do not give financial support;
(3) do not purchase services from the social organization;
(4) do not grant honors and titles;
(5) Be an important reference for cancelling or lowering their evaluation level;
(6) implement incentive measures in memorandum of cooperation on joint punishment that have already been signed.

Article 25: Where, in the course of social organization credit information management, the personnel from registration management organs abuse their power, distort the law for personal gain, or derelict their duty, they are to be given criticism and education or administrative punishments, in light of the severity of the situation; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 26: These measures take effect beginning on the date of their promulgation.

 

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