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

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Source: http://www.creditchina.gov.cn/home/zhngcefagui/201807/t20180726_121772.html

The following Implementation Plan is hereby put forward 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), and in accordance with the "Notice on division of labor for key tasks and schedule arrangements for the State Council's Guiding Opinion by the General Office of the State Council on Strengthening the Establishment of the Personal Creditworthiness System" (FagaiBanTsaiJin (2017) 333) issued by the National Development and Reform Commission General Offices' to accelerate the advancement of the establishment of our province's personal creditworthiness system, to commend creditworthiness and punish untrustworthiness, to raise the the whole society's awareness of creditworthiness and credit levels, and to create a positive credit environment.

I. Overall Requirements

(1) Guiding Ideology

Fully put in place the spirit of the 18th Party Congress's 3rd, 4th, 5th, and sixth plenary sessions; deeply putting in place the spirit of General Secretary Xi Jinping's series of important speeches, especially the spirit of the important goal of advancing the establishment of a social credit system; follow the decisions and deployment of the party central committee and State Council, to take the core socialist values as the root in education and practice from which to promote a culture of creditworthiness, accelerate the construction of creditworthiness records, improve personal information security, privacy protection and mechanisms for credit restoration, build mechanisms for rewarding trustworthiness and punishing untrustworthiness that cross-regions, departments, and fields, making it so that the trustworthy receive benefits and the untrustworthy are restricted, and let creditworthiness become a value pursued by the entire society and a behavioral more, actively creating a positive environment where 'trustworthiness is honored and untrustworthiness is shameful".

(2) Basic principles

First is government promotion and joint construction with society. Fully put into play the government's role in organizing, guiding, promoting, and modeling roles in the establishment of the personal creditworthiness system. Regulate development of the credit market, encourage broad participation of social forces, forming a combined force for the construction of the personal creditworthiness system.

Second is completing the legal system, standardizing development. Complete systems of laws, regulations, and rules, and regular standards on personal information security, privacy protection, credit restoration, and so forth, to strictly protect personal privacy and information security.

Third is comprehensive advancement with breakthroughs in key areas. Promote the establishment of mechanisms for personal creditworthiness records in all areas and all industries, with key fields and key groups of people as the opening for breakthroughs. Rely on the provincial public credit information platform, the 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.

Fourth is strengthening application, and joint rewards and punishments. Actively cultivate public credit information product application markets, spread the social applications of personal public credit information, and broaden the scope of applications. Establish and complete mechanisms for joint rewards and punishments of personal creditworthiness, increasing incentives for personal trustworthiness and the degree of punishment for untrustworthiness.

II. Key Tasks and Division of Labor

(1) 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, cultivatie and practice the core socialist values, organize the compilation and editing of texts on credit knowledge, vigorously spreading credit knowledge, drafting and promulgating codes of citizen creditworthiness, making education on creditworthiness run through the entire course of citizen morality construction and the creation of spiritual culture. Mobilize the media, social organizations, and forces from all other areas to vigorously promote models of morality, creditworthy enterprises, and outstanding volunteers, recommending exemplars of creditworthiness and persons with no negative credit record to the public, and promoting cross-departmental and cross-field measures for the joint reward of trustworthiness. 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. (省委宣传部、省委文明办、省网信办,省发改委、省教育厅、省人社厅、省文化厅、省新闻出版广电局、团省委、各有关部门,各设区市人民政府、平潭综合实验区管委会;持续实施)

2. Widely carry out publicity on creditworthiness.

Take Spring Festival, Labor Day, Children's Day, National Day, Online Credit Publicity Day, Credit Worthiness for Prosperity Publicity Month, International Consumer Rights Day, the National Day of Credit Concern, 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 creditworthiness themed publicity activities, concentrate publicity on credit policies and regulations, credit information, and type cases. Organize all kinds of websites to carry out special features on creditworthiness, thoroughly uncovering and dissecting examples of creditworthiness, and strengthening educational warnings against untrustworthiness. Combine the traditional Chinese culture of creditworthiness and contemporary values, to create cultural works, public interest advertisements, publicity videos, and so forth in a variety of forms with rich content and wide-reaching media; increasing the frequency and quality of creditworthiness publicity. (省委宣传部、省委文明办、省网信办,省发改委、人行福州中心支行、省教育厅、省司法厅、省人社厅、省商务厅、省工商局,各有关部门,各设区市人民政府、平潭综合实验区管委会;持续实施)

3. Comprehensively carry out creditworthiness education and training.

Increase content educational content on creditworthiness in basic, higher, vocational, and adult education, and other relevant courses, support schools and institutes of hire learning that are have capacity to establish majors in credit management. 推动学校加强信用管理,建立健全18岁以上成年学生信用档案,依法依规归集优秀志愿者等诚信行为信息,以及考试舞弊、学术造假、不履行助学贷款还款承诺、伪造就业材料等失信行为信息,并推送至各级公共信用信息平台,将学生个人诚信作为升学、毕业、评先评优、奖学金发放、鉴定推荐等环节的重要考量因素。 Implement systems for credit management professional training and assessment, and formulate practice standards for credit service establishments and their practitioner staffs. Encourage all types of social organizations and enterprises to construct credit management and education systems, For key groups and individuals where there are pressing requirements for the establishment of creditworthiness, carry out special education and governance activities. (省教育厅、省发改委、省人社厅、省民政厅、各有关部门;持续实施)

(2) Accelerating the establishment of personal creditworthiness records

1. Promote improvement of the unified social credit code system for natural persons.

落实以公民身份号码制度为基础的公民统一社会信用代码制度,加强公民身份信息及指纹信息的采集、更新,实现公民统一社会信用代码全覆盖。 规范身份信息使用和基础信息共享,运用信息化技术手段,不断加强个人身份信息的查验核实工作,确保个人身份识别信息的唯一性。 (省公安厅、省发改委;持续实施)

2. Promote the improvement of real-name registration systems.

落实国家关于实名登记制度相关要求,以交通运输、互联网、邮寄递送、教育考试、危险物品流通、电信、金融、就业和社会保障、特种行业等领域为重点,依法依规推进建立相关领域实名登记制度,为准确采集个人公共信用信息奠定基础。 (省网信办、省卫计委、省交通运输厅、省经信委、省邮政管理局、省通信管理局、省教育厅、省工商局、人行福州中心支行、福建银监局、福建证监局、福建保监局、各有关部门;持续实施)

3.加快推进人口基础信息归集共享

建立完善省级人口基础信息库,加快推进省级人口基础信息库与省公共信用信息平台的对接,加强个人身份基础信息共享,实现信息动态更新。 (省公安厅、省发改委;持续实施)

4. Establish personal creditworthiness records in key fields.

All relevant departments should accelerate the establishment and improvement of mechanisms for regular collection, sharing, and use of personal credit records , promptly summarize creditworthiness information formed by relevant personnel in relevant activities and send it to the Public Credit Information platform, to ensure that information is truthful and valid, and bring about prompt and dynamic updates 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, financial services, intellectual property rights, judicial proceedings, e-commerce, and volunteer service; 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 key professional groups. Encourage industry associations, chambers of congress, and other such industry organizations in establishing and completing member credit archives, and send relevant information to the Public Credit Information platforms of all levels. (省食品药品监管局、省安监局、省公安厅、省环保厅、省质检局、省国税局、省地税局、省卫计委、省人社厅、省住建厅、省交通运输厅、人行福州中心支行、省知识产权局、省法院、省检察院、省网信办、省发改委、省商务厅、省工商局、省民政厅、团省委、省公务员局、省司法厅、省教育厅、省财政厅、福建银监局、福建证监局、福建保监局、省旅发委、省经济信息中心;持续实施)

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

1.Protect the security of personal information.

Each area and department should strictly follow provisions to establish and complete, and strictly implement, safeguards for personal information security, as well as systems of rules and standards for the recording, collection, exchange, and use of information, to strengthen the security management throughout the entire process and do a good job of database defense work, to prevent information leaks. In theory, personal Public Credit Information is not to be announced or shared externally, and where external announcement is required provisions should be followed to conceal parts of the information, inquiries, sharing, and use of personal Public Credit Information resources on the Public Credit Information by relevant departments should be conducted strictly in accordance with law. Strictly follow the relevant laws and regulations to increase the degree of oversight and management of credit appraisal establishments, to ensure that personal credit appraisal businesses are lawfully developed up to code, safeguard the lawful rights and interests of information subjects, and ensure the security of state information. (Provincial public security department, Provincial development and reform commission, Provincial bureau of Industry and Commerce, Fuzhou Central Branch of the People's Bank of China, and all relevant departments; to be completed by 2017 and implemented continuously thereafter)

2. Strengthening Protections of Privacy.

Personal public credit information must not be collected except by authorization of laws and regulations, and the collection of information that laws and regulations provide shall be kept confidential, or provide shall not be collected, must not be collected. Increase the extent of investigation and combatting 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, and punish personnel collecting personal Public Credit Information in accordance with laws and regulations for leaking or selling information and other unlawful conduct. Draft and improve relevant supervision and management measures, strengthen privacy protections for personal information, implement key supervision and control of e-commerce platforms, financial institutions, credit appraisal establishments, internet enterprises, real-estate enterprises, courier logistics enterprises, big data companies, and mobile application program development enterprises; regulating their collection, provision, and use of personal information, and other activities. (Provincial development and reform commission, Provincial Internet Information Office, Provincial Postal Administration, Provincial Commission of Economy and Information Technology, Provincial Bureau of Industry and Commerce, Fuzhou Central Branch of the People's Bank of China, and all relevant departments; to be completed by the end of December 2018, and implemented continuously thereafter.

3. Establish mechanisms for restoring credit.

Each region and department should establish and complete mechanisms for correcting and revising personal Public Credit Information, handling objections in accordance with the "Fujian Province Provisional Measures on the Management of Public Credit Information", restoring the credit information of relevant entities that meet the requirements, and handing demands such as in applications for administrative reconsideration, in accordance with laws and regulations. Clear channels for the restoration of credit, enrich the methods for credit restoration, explore methods such as active performance of obligations, applications for extensions, and providing explanations, to reduce the harm from breaking trust, and methods such as on time performance of obligations, volunteer service, and charitable donations to restore credit, and create a new credit image. Clear channels for the restoration of credit, enrich the methods for credit restoration, explore methods such as active performance of obligations, applications for extensions, and providing explanations, to reduce the harm from breaking trust, and methods such as on time performance of obligations, volunteer service, and charitable donations to restore credit, and create a new credit image. (relevant provincial departments, each districted-city people's government, and the Pingtan comprehensive experimental regional management commission; ongoing implementation)

(4) Standardizing the sharing and usage of personal creditworthiness information

1. Promote sharing of personal public credit information.

All departments should strictly follow the unified classification standards and norms for sharing and exchange to clean up the catalog of personal Public Credit Information collected in each industry and field; and send it to the general office of the provincial leading group for the establishment of a social credit system to be summarized in the "Fujian Catalog Guiding the Collection of Natural Persons' Public Credit Information", carry out dynamic adjustments based on changes in organizations' functions and relevant government requirements, and promptly and continuously aggregate information on the provisncial Public Credit Information platform. Each districted-city people's government, and the Pingtan comprehensive experimental regional management commission's information collection catalogs are, in theory, to reference this setup. Rely on the Public Credit Information platforms of each level to establish a provincial and municipal Public Credit Information database, and each region and each department should promptly collect and dynamically update new personal Public Credit Information and aggregate it onto the provincial Public Credit Information platform, gradually establishing internetworked, interconnected, and mutually checking information mechanisms that cross regions, departments, and industries, (relevant provincial departments, each districted-city people's government, and the Pingtan comprehensive experimental regional management commission; ongoing implementation)

2. Actively carry out personal Public Credit Information services.

Each region and department should provide the public with personal Public Credit Information inquiry authorization services, requesting that enterprises, financial instititutions, credit reporting establishments, and other societal entities must have the authorization of the natural person themself when making inquiries into personal Public Credit Information, and require that natural persons inquiring into their own Public Credit Information present valid proof of identification, gradually relying on digital methods to provide natural persons with online inquiry services for their own Public Credit Information on the platform. Explore management mechanisms based on connecting categorical management of Public Credit Information and creditworthiness credits, support areas and fields with the capacity in innovating and putting out 'citizen credit cards' and other services, so long as personal information security is protected. Promote the sharing between provincial level Public Credit Information databases and Basic Financial Credit Information Databases, and provide services to eligible personal credit reporting establishments. (Provincial development and reform commission, Fuzhou Central Branch of the People's Bank of China, people's governments of districted cities, the Pingtan comprehensive experimental district management commission, and all relevant departments; to be completed by December 2017 and implemented continuously thereafter)

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

1. Provide greater services and facilitation to those individuals with positive credit.

Each relevant department should draft standards and norms for determining trustworthy behavior in their field, delineating levels, and categorical supervision; and share information on the joint reward and punishment system regarding administrative counterparts with positive credit identified by relevant departments and social organizations in carrying out categorical credit management, creditworthy moral models, exceptional volunteers, creditworthy members recommended by social organizations, as well as creditworthy entities uncovered by the news media, and impement joint incentives for the trustworthy. Including but not limited to: Giving key supports to individuals with excellent credit records in fields such as education, employment, entrepreneurship, and social security, and providing more convenient services to the extent possible; and giving priority consideration in selections for qualifications and honors, rewards and supports, and other areas. In the course of handling administrative permits, reviews for approval 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. (Provincial committee publicity department, provincial development and reform commission, Fuzhou Central Branch of the People's Bank of China, provincial civial affairs bureau, league committee, Provincial education bureau, provincial bureau of human resources and social security, each districted city people's government, and the Pingtan comprehensive experimental distrct managment commission; to be completed by December 2018 and implemented continuously thereafter.)

2. Carry out joint disciplinary action for individuals in key industries with serious untrustworthy conduct.

All relevant departments should draft systems that designate untrustworthy conduct in the corresponding field, delineate levels, have categorical supervision of managment, and send the relevant information about acts untrustworthiness to the joint incentive and punishment information system for sharing, such as information on acts 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 enterpreneuship 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. (provincial reform and development commission, provincial internet information office, provincial courts, provincial public security bureau, provincial finance office, provincial transport bureau, provincial economics and information technology commission, provincial tax bureau, the Fuzhou central branch of the People's Bank of China, the Fujian banking bureau, Fujian Insurance Bureau, and all relevant departments; Complete before the end of December 2017, with ongoing implementation)

3. Promote the formation of market and social constraints and punishments.

建立健全个人严重失信行为披露、曝光与举报制度,依托各级政府门户网站、政府部门门户网站、信用门户网站,依法依规向社会公开披露各级政府掌握的个人严重失信信息,并汇总到“信用福建”网站集中展示。 Encourage market entities to provide differentiated services to seriously untrustworthy individuals. Support qualified third-party credit service establishments in collecting information on seriously untrustworthy conduct and including it in credit records and reports. (各有关部门,各设区市人民政府、平潭综合实验区管委会;2017年12月底前完成并持续实施)

III. Strengthening safeguard measures

(1) Strengthening organizational leadership.

各地各部门要按职责分工细化制定本地、本部门具体工作方案,明确工作任务和时间节点,部署实施本地和本领域个人诚信体系建设工作。 有条件地区、有关重点行业领域要研究出台配套实施方案,相关单位应加强协作配合,确保各项任务落到实处。 省发改委会同有关部门负责对本实施方案落实工作的统筹协调、跟踪了解、督查指导,委托第三方机构对相关工作执行情况进行评估,确保各项工作平稳有序推进。 (省发改委、人行福州中心支行,各有关部门,各设区市人民政府、平潭综合实验区管委会;持续实施)

(2) Establish a system of laws, regulations, and standards on credit.

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. (省发改委、人行福州中心支行、省政府法制办、各有关部门;持续实施)

(3) Expand the extend of monetary support.

All areas and departments should expand financial investment in 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 for all levels and all sides 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 implemented. (省财政厅,各有关部门,各设区市人民政府、平潭综合实验区管委会;持续实施)

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