The General Office of the National Development and Reform Commission Notice on Further Improving the "Credit China" Website and Local Credit Portal Website Mechanisms for Credit Repair of Information on Administrative Punishments

[Source] http://www.ndrc.gov.cn/zcfb/zcfbtz/201905/t20190514_936123.html
【Document Number】发改办财金〔2019〕527号

To the offices of the member units of the Inter-ministerial joint conference on the establishment of a social credit system, to the National Public Credit Information Center, to the development and reform commission of each province, autonomous region, or directly governed municipality and of the Xinjiang Production and Construction Corps, to the Economics and Information Technology Commission of Beijing, to the Hebei Provincial Office for the Administration of Government Affairs and Services, to the Jilin Provincial Bureau for the Administration of Government Affairs Services and Digital Establishment, and to the Heilongjiang Provincial Bureau for Oversight of the Construction of the Business Environment:

Notice on the following matters is hereby given so as to implement the spirit of documents such as the “State Council Notice on the Planning Outline for the Establishment of a Social Credit System (2014-2020)" (Guofa (2014)No.21) and the "State Council Guiding Opinions on Establishing and Improving a System of Joint Rewards for the Trustworthy and a System of Joint Punishments against the Untrustworthy, and Accelerating the Establishment of Social Creditworthiness" (Guofa(2016) No. 33), to improve the 'Credit China' website and local credit portal websites (hereinafter simply 'credit websites') mechanisms for credit repair of administrative punishment information, and to safeguard the rights of untrustworthy entities, increase the credit level of the entire society, and create a positive credit environment.

I. Further Clarify the Range of Types of Administrative Punishment Information Involving Untrustworthy Conduct

In accordance with the severity of the consequences caused by the untrustworthy conduct, divide information on administrative punishments into administrative punishment information involving seriously untrustworthy conduct and administrative punishment information involving ordinary untrustworthy conduct.

(1) Clarify the Range of Types of Administrative Punishment Information Involving Seriously Untrustworthy Conduct.

Administrative punishment information involving seriously untrustworthy conduct primarily refers to administrative punishment information for illegal and untrustworthy conduct that is heinous in nature, has serious circumstances, and a larger degree of societal harm. This primarily includes, first, information on administrative punishments given due to conduct that seriously harmed the physical health and lives of natural persons; information on administrative punishments given due to conduct that seriously disrupted the order of fair market competition and regular social order; information on administrative punishments given due to the conduct of having the ability to perform on rulings or decisions that have been made by administrative organs, but refusing to perform or avoiding performance where the circumstances are serious; and administrative punishments given for conduct of refusing to perform national defense obligations, harming national defense interests, or destroying national defense facilities. Second is information on administrative punishments that laws, regulations, or rules clearly provide constitutes serious circumstances. Third is information on administrative punishments that the department making the administrative punishment decision determines involves seriously untrustworthy conduct.

(2) Clarify the Range of Types of Administrative Punishment Information Involving Ordinary Untrustworthy Conduct

Administrative punishment information involving ordinary untrustworthy conduct primarily refers to administrative punishment information for illegal and untrustworthy conduct that is lighter in nature, has more minor circumstances, and a smaller degree of societal harm. Except for administrative punishment information found to involve seriously untrustworthy conduct in accordance with the preceding paragraph, and excluding administrative punishment information made in accordance with simplified procedures, in principle, it is to be clarified as administrative punishment information involving ordinary untrustworthiness.

II. Strictly Enforce Time Periods for Disclosure of Administrative Punishment Information

Administrative punishment information involving ordinary untrustworthy conduct is to be announced on credit websites for a period of three months at the shortest, and one year at the longest, from the date on which the administrative punishment decision was made. Administrative punishment information involving seriously untrustworthy conduct is to be announced on credit websites for a period of six months at the shortest, and three years at the longest, from the date on which the administrative punishment decision was made. When the longest period for disclosure is complete, credit websites are to remove the relevant information and not disclose it externally again. Where laws, regulations, and or rules provide differently, follow those provisions.

III. Regulate the Carrying Out of Credit Repair for Administrative Punishment Information

(1) Orderly carry out credit repair for administrative punishment information involving ordinary untrustworthy conduct.

Those applying to have repair administrative punishment information involving ordinary untrustworthiness need to provide identification materials and materials showing they have already performed on the administrative punishment, and publicly make a credit repair pledge, and after this is verified by credit websites, the relevant information disclosures are to be removed at the completion of the shortest disclosure period. Where administrative counterparts proactively request that the organ making an administrative punishment decision carry out credit repair, they should publicly make a credit repair pledge in accordance with the credit websites' requirements for credit repair, and after verification by the department responsible for credit information disclosures, the relevant information disclosures are to be removed at the completion of the shortest disclosure period.

(2) Orderly carry out credit repair for administrative punishment information involving seriously untrustworthy conduct.

In addition to the requirements for credit repair of administrative punishment information involving ordinary untrustworthy conduct, those applying for credit repair of administrative punishment information involving seriously untrustworthy conduct should follow the requirements of the "General Office of the National Development and Reform Commission and the General Office of the People's Bank of China Notice on Strengthening Oversight and Management of Untrustworthy Entities" (FaGaiBanCaiJin (2018) No. 893) to proactively participate in special training on credit repair and submit credit reports to the credit website, and after verification by the credit website, the relevant information disclosures are to be removed at the completion of the shortest period for disclosure. All levels of department leading the establishment of the social credit system, and administrative punishment decisions-making departments, are to unite to hold special credit repair training, and may also bring in comprehensive credit service establishment pilot units and credit reporting bodies that have a public credit assessment of 'excellent' or higher, or authorized industry associations and chambers of commerce, to hold special credit repair training. Comprehensive credit service establishment pilot units and credit reporting bodies that have a public credit assessment of 'good' or higher are to issue credit reports, and share them with the national credit information sharing platform.

(3) Strict disclosure for the longest disclosure period for specified administrative punishment information involving seriously untrustworthy conduct.

Disclosure is to be for the longest disclosure period, and not subject to repair, for information on administrative punishments such as orders to stop operations, or cancellation of permits, or cancellation of licenses, in fields such as food and drugs, ecology and the environment, project quality, production safety, fire safety, and mandatory product certifications; information on administrative punishments such as orders to stop operations, or cancellation of permits, or cancellation of licenses due to conduct such as bribery, tax evasion or fraud, malicious debt evasion, malicious delay in payment of debts or for services, malicious delay in paying wages, illegal fund-raising, contract fraud, pyramid sales, operating a business without a license, production or sale of fake or shoddy goods, intentional infringement of intellectual property rights, leasing or lending bidding qualifications, collusive bidding, false advertising, infringing the lawful rights and interests of consumers or securities investors, seriously undermining the order of cyberspace transmissions, and assembling to disrupt social order; and other information on administrative punishments that laws, regulations or rules, otherwise provide may not be repaired.

IV. Further Strengthen Entity Responsibility for Credit Repair of Administrative Punishment Information

All levels of department leading the establishment of the social credit system are to truly strengthen organization and leadership on the work of credit repair for administrative punishment information on the credit websites for that level, strengthening awareness of responsibilities, specifying dedicated responsible personnel, strictly prohibiting removals before the disclosure period is complete or of administrative punishment information that has not gone through repair, and cooperate with the "Credit China" Website to complete related work. of administrative punishment information on the credit websites for that level, strengthening awareness of responsibilities, specifying dedicated responsible personnel, strictly prohibiting removals before the disclosure period is complete or of administrative punishment information that has not gone through repair, and cooperate with the "Credit China" Website to complete related work. The National Development and Reform Commission Department for the Establishment of Finance and Credit is responsible for the overall planning and coordination of efforts to implement this Notice, following up and understanding, oversight and inspections; and for guiding the National Public Credit Information Center to accelerate the construction of credit portal websites at all levels, promote 'one site completion' of credit repair, and completing efforts to accept relevant repairs and technical mastery, to ensure the even and orderly advancement of each piece of work.

Effective as of July 1, 2019, the "Credit China" website and local credit portal sites' work related to credit repair of administrative punishment information is to be in accordance with this Notice.