"Measures on the Management of the Social Organizations's Credit Information"

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Title: "Measures on the Management of the Social Organizations's Credit Information"
Promulgating Entities:Ministry of Civil Affairs
Reference number: Order of the Ministry of Civil Affairs No. 60
Promulgation Date: 2018-1-24
Expiration date: 
Source of text: http://www.mca.gov.cn/article/gk/fg/shzzgl/201801/20180100007671.shtml

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: 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.

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: Where social organizations are entered into the Abnormal Activity Directory or List of the Untrustworthy with Serious Violations for reasons other than administrative punishment, the registration management organs shall inform the social organizations in writing of the matter, reasons, and basis for inclusion before making a decision, as well as of the rights they enjoy in accordance with law. Those who can not be contacted through their registered residence may 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) Where it is not possible to make contact with the social organization through their registered address;

(7) 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. The two mailing attempts must not be less than 15 days, and must not more than 30 days.

Article 12: Where any of the circumstances listed in article 11 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 list of abnormal activity.

Article 13: Where social organizations listed in the Abnormal Activity Directory have circumstances again that should have them listed in the directory of irregular activities, 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 a warning or fine of less than 50,000 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: When a social organization listed in the list of the seriously untrustworthy has conduct for which they should be entered into the Abnormal Activity Directory or the List of the Untrustworthy with Serious Violations, the time for their inclusion on the list.

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, 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 relevant 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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