Rongcheng Municipal Measures on the MAnagement of Members of Society's Credit Points and Credit Assessments

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Article 1: These measures are drafted so as to establish a system for the recording and assessment of members of society's credit, to complete credit point categorical credit management mechanisms, to provide standards for rewarding the trustworthy and for punishing the untrustworthy, to create a positive social credit environment, and to advance the establishment of the social credit system in the city, on the basis of the "State Council Notice concerning Issuance of the Planning Outline for the Establishment of a Social Credit System (2014-2020)" (Guofa (2014〕 No. 21), "The State Council Guiding Opinions on Establishing and Improving Systems of Joint Incentives for Trustworthiness and Joint Disciplinary Action for Untrustworthiness and Accelerating the Establishment of the Social Credit System" (GuoFa (2016) No. 33), the "Guiding Opinion by the General Office of the State Council on Strengthening the Establishment of the Personal Creditworthiness System" (GuoBanFa (2016) No. 98), the "Shandong Province Public Credit Information Management Measures" (Provincial Government Order No. 314), the "Notice of the General Office of the Shandong Province People's Government on Strengthening the Establishment of the System of Personal Creditworthiness" (LuZhengBanfa(2018)No. 19), and the spirit of other such documents, together with actual conditions in the City.

Article 2: "Member of Society" as used in these Measures refers to natural persons, societal legal persons, and other organization, including individuals, sole proprietorships, enterprises, farmers‘ professional cooperatives, and social groups, civil non-enterprise organizations; and are not limited to the city's household registration population and market entities;

Article 3: "Credit points and credit assessments" as used in these Measures refers to comprehensive credit points and corresponding credit levels made through scientific quantification and scoring in accordance with established indexes and assessment models of Public Credit Information and Financial Information formed by members of society in their economic and social activities.

Article 4: Members of society's credit scoring and credit assessements are to follow the principles of objectivity and justice, scientific divisions, and dynamic management, to preserve the lawful rights and interests of members of society; state secrets must not be revealed, and commercial secrets and personal privacy must not be encroached upon.

Article 5: The credit information of members of society includes information from our city's social credit management system, information from each level of Public Credit Information system, information from industry credit management systems, as well as information in the Basic Financial Credit Information Databases.

Information such as commendations and rewards from any level of association, social organization, or civil organization, as well information from activities they organized such as ratings, or reading, composition, speech, photography, calligraphy, singing, chess, cycling, mountain climbing, speed walking, as well as recreational sports meetings, artistic performances, and special parties, are not to be included within the scope of city-level credit information.

Article 6: Put in place joint reward and punishment mechanisms where when the trustworthy and untrustworthy conduct of state organs, enterprises, public institutions, sole propiertorships, and other social organizations are entered into the information subjects' credit records, they are concurrently entered into the personal credit records of the legal representative, principle responsible person, and other directly responsible personnel, with points added (subtracted) on the basis personal standards, and conduct corresponding credit assessment.

Article 7: Establish mechanisms for the correction and restoration of Public Credit Information, clarify the period for displaying each type of Public Credit Information, 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.

Article 8: The credit score of members of society is based on a one-thousand-point system, and the default score is 1,000 points. Conduct credit assessment of members of society on the basis of credit records and credit points, divided into four credit levels: A, B, C, and D. A-level credit is divided into A, AA, and AAA according to different point scores. AAA is the highest credit level descending to the lowest credit Level D.

Among these, A-level credit uses two additional symbols " +" and " -" and grade A is the default grade, which indicates that the information subject has no information record or has had negative records that have already been restored; "A+" indicates that the information subject has a positive record; and "A -" indicates that the information subject has a negative record.

Class D grades are distinguished as DA, DB and DC according to the grades before the downgrade, which means that they were directly reduced to Class D from Class A, B and C respectively.

Each level corresponds to a particular value as follows:

(1) AAA-level is the level for models of creditworthiness, with a score of 1050 or more;

(2) AA-level is the level for exceptional creditworthiness, with a score of between 1030 and 1049;

(3) A-level is the level of creditworthiness for scores between 960 to 1029; with A+ for scores of 1001-1029 and A- for scores between 960-999;

(4) B-level is the relatively creditworthy level, for scores between 850-959 or direct judgments;

(5) C-level is the creditworthiness warning level; for scores between 600-849 or direct judgments;

(6) Grade D is the level for the non creditworthy, for scores of 599 or less, or direct judgments.

Article 9: Credit assessment is to employ the methods of information index scoring and direct grading.

Index scoring is the addition ( subtraction) of points in accordance with assessment standards for members of society's credit information. Direct grading is the direct reduction of members of society's credit level for serious untrustworthy conduct.

See the appendix for the specific assessment and scoring standards for index scoring.

Article 10: Where individuals have any of the following situations, their credit assessment is directly set to B-level:

1. Drunk driving;

2. Illegal occupation or identity fraud to obtain substinence allowances, social security, housing subsidies, government subsidized loans, or other government assistance subsidies and social welfare, etc;

3. Not performing at all on effective mediation agreements and administrative reconsideration decisions;

4. Using Wechat, microblogs, bulletin boards and other Internet methods to publish or disseminate dishonest information ( including text, images, videos, etc. ) causing adverse effects;

5. Refusing to demolish illegal constructions;

6. Occupation of farm land for construction in violation of laws and regulations and refusing to restore the original conditions or being listed for supervision and handling by the Weihai municipal Department of Natural Resources.

7. Bearing responsibility for major accidents in areas such as production, transportation, fire, poisoning, or medicine;

8. Being ordered to stop operations or having permits or licenses cancelled (legal representatives, principle responsible persons, or directly responsible personnel);

9. Fabricating materials or proving false proofs in declarations for projects or applications for government policy supports;

10. Having been given punishments prohibiting access to markets or industries;

11. Having two or more violations of regulations on off-season fishing moratoriums in one year;

12. Not installing Beidou terminal equipment on fishing boats going out to sea, or intentionally turning off Beidou, AIS and other shipborne terminal equipment 3 or more times, and refusing to make corrections;

13. Refusing to pay fees for the proliferation and preservation of fisheries, or waters use funds;

14. Assembling and demonstrating in public venues without approval of the public security organs;

15. Continuing to petition to levels above after conclusion of three stages of petitioning (response, re-examination, and review);

16. Insulting, berating, or beating petition cadres or staff of state organs or social organizations handling petition matters;

17. Violating the "public security administrative sanction Law" during the petition period and being reprimanded by the public security organs in accordance with law;

18 Other situations of dishonesty that should be given direct judgments.

Article 11: Where state employees have any of the following situations, their credit assessment is directly set to B-level.

1.They are removed from their position;

2. They are discharged;

3. They disseminate speech harmful to the country 's reputation; organize or participate in activities such as unlawful assemblies, marches, demonstrations, or strikes;

4. Organizing or participating in illegal organizations, or participating in illegal organizations' activities;

5. Leaking state secrets or work secrets;

6. Participating in or supporting activities such as pornography, gambling, or superstition;

7. Concealing case facts, harboring or permitting conduct in violation of laws or rules;

8. Extorting confessions by torture or using corporal punishment or abusing criminal suspects or those in detention;

9. Unlawfully depriving or restricting the personal freedom of others, unlawfully searching others' persons, items, or residences;

10. Soliciting or accepting bribes;

11.Being given a rating of incompetent (unqualified) in annual evaluations;

12. Other situations of dishonesty that should be given direct judgments.

Article 12: Where individuals have any of the following situations, their credit assessment is directly set to C level:

1. Received penalties of administrative detention or criminal detention;

2. Received a sanction of expulsion from the Party;

3. Received a sanction of administrative dismissal;

4. Were sentenced to 3 years or less imprisonment (including 3 years) or short-term detention for a crime of negligence;

5. Have been entered onto the Supreme Court's list of those restricted from high-spending;

6. The (legal representatives, principle responsible person, and responsible persons that can impact the performance of obligations) of enterprises, village and resident organizations, and social organizations that are entered onto the courts' Judgment Defaulters List;

7. Bearing entity responsibility for ordinary production safety accidents;

8. Where serious untrustworthy conduct occurs endangering the health and lives of the masses (in areas such as food and drug safety, ecology and environment, project quality, fire safety, mandatory product certifications, etc.);

9. Where there is an occurrence of seriously untrustworthy conduct that undermines the order of fair marketplace competition or the normal social order (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).

10. After a judicial organ has made a judgment or decision, having the ability to perform on it, but refusing to do so or avoiding enforcement;

11. After an administrative organ has made a decision, having the ability to perform on it, but refusing to do so or avoiding enforcement;

12. Other refusals to perform on legally-prescribed obligations, seriously impacting the credibility of judicial and administrative organs;

13. Refusing to perform national defense obligations, refusing or avoiding military service;

14. Refusing or delaying requisition of civil resources, or obstructing changes to the civil resources that have been requisitioned;

15. Endangering national defense interests, destroying national defense facilities, and so forth;

16. Being entered on an industry blacklist;

17. The legal representatives and primary operators of enterprises use deregistration to avoid administrative punishments;

18. Occupying farm land and being listed for supervision and handling by the provincial Department of Natural Resources;

19. Obstructing public facility construction projects such as for demolitions, electricity, water, communications, or heat, for no reason after having already received compensation;

20. Participating in Fa Lun Gong or other cult organizations;

21. During the period for major meetings and activities of the Center of all levels of local (party and government), petitioning near the event and being lawfully admonished and causing an impact;

22. Carrying hazardous materials to conduct petitioning activities at petition reception halls, state organs, or public venues;

23. Intentionally destroying public or personal property while engaging in petitioning activities;

24. Obstructing employees of state institutions from lawfully performing their duties; forcefully charging through police tape or into police zones set up by the public security organs; or obstructing the transit of fire trucks, ambulances, engineering emergency vehicles, or police cars; while engaging in petitioning activities;

25. Obtaining public or private property of others fraudulently in the name of petitioning, upon determination by a public security organs;

26. Continuing to petition after signing an agreement to cease the complaint;

27. Other situations of serious dishonesty that should be given direct judgments.

Article 13: Where individuals have any of the following situations, their credit assessment is directly set to D level:

1. Bearing primary responsibility for larger level production safety incident;

2. Being entered by a people's court onto the Judgment Defaulters List;

3. Where they were lawfully sentenced to a principle penalty found in the Criminal Law (including announced suspended sentences) for the intentional commission of a crime;

4. Having been sentenced to deprivation of political rights as a sole or supplementary punishment;

5. Where they were lawfully sentenced to more than 3 years (not including 3 years) imprisonment for a crime of negligence.

6. they are given shelter and education or compulsory isolated drug treatment;

7. Occupying farm land and being listed for supervision and handling by the Ministry of Natural Resources;

8. Refusing to dismantle unlawful constructions, and having the administrative organs compel enforcement or applying to the people's courts to compel enforcement;

9. Fishing in violation of regulations and involving foreign interests, causing a major impact;

10. Operating marine vessels involving the 'three no's' of fishing;

11. Petitioning in sensitive regions of Beijing and other areas prohibiting petitioning;

12. Maliciously creating disturbances, used online and by foreign media;

13. Placing wreaths, urns, portaits, offerings, afterlife money, or placing remains at petition reception areas, or state organs, hospitals, schools, malls, public sqaures, or other public forums;

14. Other situations of major untrustworthiness causing heinous social impact that should result in direct judgment of level.

Article 14: Where legal persons have any of the following situations, their credit assessment is directly set to B-level:

1. Where production safety incidents occur;

2. Where larger quality incidents occur;

3. Where larger environmental emergencies occur;

4. Where larger food safety incidents occur;

5. Where fake or shoddy goods are produced or sold, causing a negative social impact;

5. Where violations of intellectual property rights causes a negative social impact;

7. Refusing to demolish illegal constructions;

8. Illegally occupying farm land for construction in violation of laws and regulations and refusing to restore the original conditions or being listed for supervision and handling by the Weihai municipal Department of Natural Resources.

9. Refusing to pay into social insurance fees or housing funds despite having the ability to do so, or otherwise violating the lawful rights and interests of professionals;

10. Having been entered on the list of enterprises with irregular business;

11. Having been giving punishments prohibiting access to markets or industries;

12. Violating industry standards, rules, or conventions and receiving an industry sanction such as circulating criticism or public censure;

13. Have acts of commercial bribery;

14. Smuggling or traficking;

15. Completely not performing on effective mediation agreements or administrative reconsideration decisions;

16. Other situations of untrustworthiness where levels should be directly judged.

Article 15: Where legal persons have any of the following situations, their credit assessment is directly set to C level:

1. Having received administrative punishments such as to stop production and operations, having permits or licenses temporarily rescinded, and so forth;

2. Where a normal production safety incident occurs;

8. Where serious untrustworthy conduct occurs endangering the health and lives of the masses (in areas such as food and drug safety, ecology and environment, project quality, fire safety, mandatory product certifications, etc.);

4. Where there is an occurrence of seriously untrustworthy conduct that undermines the order of fair marketplace competition or the normal social order (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).

5. After a judicial organ has made a judgment or decision, having the ability to perform on it, but refusing to do so or avoiding enforcement;

6. After an administrative organ has made a decision, having the ability to perform on it, but refusing to do so or avoiding enforcement;

7. Other refusals to perform on legally-prescribed obligations, seriously impacting the credibility of judicial and administrative organs;

8. Refusing or delaying requisition of civil resources, or obstructing changes to the civil resources that have been requisitioned;

9. Endangering national defense interests, destroying national defense facilities, and so forth;

10. Being found to have committed crimes undermining the order of the socialist marketplace, where the circumstances are especially serious;

11. Occupying farm land and being listed for supervision and handling by the provincial Department of Natural Resources.

12. Violating industry standards, rules, or conventions and receiving an industry sanction such as not being accepted or urged to resign;

13. They have been entered onto the List of the Untrustworthy Enterprises with Serious Violations;

14. They have been entered onto an industry blacklist;

15. A violation case being announced by any level of administrative organ as industry major violation case information;

16. Other situations of serious dishonesty that should be given direct judgments.

Article 16: Where legal persons have any of the following situations, their credit assessment is directly set to D level:

1. Their permits or business licenses have been cancelled;

2. Those who have been included in the Judgment Defaulters List;

3. A production safety incident occurs at the larger or higher level;

4. An especially large quality incident occurs;

5. An especially large emergency environmental incident occurs;

6. An especially large food safety incident occurs;

7. Occupying farm land and being listed for supervision and handling by the Ministry of Natural Resources.

8. Producing or selling fake or shoddy goods and causing a heinous social impact;

9. Violation of intellectual property rights causing a heinous social impact;

10. Refusing to dismantle unlawful constructions, and having the administrative organs compel enforcement or applying to the people's courts to compel enforcement;

11. Other situations of major untrustworthiness causing heinous social impact that should result in direct judgment of level.

Article 17: Where credit ratings were directly judged, and the negative conduct has not yet been corrected or is a continuing status, information for credit additions will be recorded but cannot change credit scores or levels; where the negative conduct is corrected, additions can increase points and levels.

Article 18: Principles for credit information points and assessments:

1. Members of society's basic information is not entered into the scope of point assessment;

2. Where untrustworthy conduct produces two or more different information items, they are calculated and assessed individually; where one untrustworthy act is applied to two or more information items, calculate it as the direct judgment or highest reduction, not cumulatively;

3. Where trustworthy conduct from the same matter produces (or applies) to or more different information items, calculate it as the highest addition, not cumulatively;

4. Where after points have been subtracted due to information on untrustworthiness, there is another new occurrence of the same type of untrustworthy information during the validity period of the information assessment, subtract double points on the basis of the original subtracted point value;

5. Where organs and public institutions receive group commendations or are pursued for responsibility and punished, the principle responsible person or person with primary responsibility is to have points added (subtracted) or level lowered, in accordance with the index for individuals;

Where enterprises, sole proprietorships, and social organizations receive any level of commendation or are pursued for responsibility and punished, the legal entity representative or principle responsible person is to have points added (subtracted) or level lowered, in accordance with the index for individuals;

6. Where family or group honors and commendations such as 'models of creditworthiness' are received, in principle only the targets of the commendation are given points;

7. Where not clarified in these Measures, "and higher" , "and lower" include the level or number itself, and points reduction corresponding to level decrease indicators are to be calculated as the lowest score for that level;

8. All levels of comprehensive leadership group, committee, or other work body with principle party and government leaders as the group leader (director) are calculated as the same levels of party committee or government department, and offices established under them are implemented as the same level of Party committee or government department; All levels of comprehensive leadership group, committee, or other work body with deputy party or government leaders as group leader (director) are to be calculated as the same level of party committee or government department.

Rongcheng city-level departments include district or township neighborhoods, directly controlled departments (subordinate bodies); and higher-level units stationed in Rongcheng;

Higher level Party government departments (internal bodies) are to implement as the level below the same level Party committee;

Reports of all levels of discipline and supervision commission are to implement as the same level party of government

9. Matters involving tax arrears or delayed payment of public service fees and so forth, wherever the period for calculation is not clear, the period is to be 6 months for each assessment.

10. All matters for reduction or addition of points are to be calculated on the basis of item, instance, or time;

11. The information assessment standards for sole proprietorships, social groups, and civil non-enterprises are to be implemented with reference to those for legal person.

12. For information on additions and subtractions not clarified, determine the value on a case by case basis.

Article 19: Provisions on credit restoration:

1. Where after individuals listed as judgment defaulters by people's courts actively complete performance, there reduced level index is restored to be a 50 point credit reduction, maintained for 2 years;

2. Where after sole proprietorships, enterprises, social organizations, or villager and resident organizations listed as judgment defaulters by the people's courts actively complete performance, their credit is restored to an 80 point credit reduction maintained for 2 years;

3. Where after sole proprietorships, enterprises, social organizations, or villager and resident organizations listed as judgment defaulters by the people's courts actively completely performance, their legal representatives' or primary responsible parties' credit is restored a 60 point credit reduction maintained for 2 years;

4. Where petitioners promise to not engage in peritioning conduct against the rules or laws for a certain period of time and sign a written credit promise, their credit may be restored; where petitioners' credit level is reduced to C-level, their credit may be restored to a 50 point reduction maintained for 2 years; where petitioners credit level is reduced to D level, it may be restored to B Level;

5. For other credit information, such as illegal construction, for which there may be credit restoration, carry out restoration in accordance with provisions on petitioners.

Article 20: Validity period for credit assessments:

1. For all information items involved in direct judgment of levels where the direct judgment is for B Level, the validity period for the assessment is 2 years; where the direct judgment is for C level, the validity period for the assessment is for 3 years; where the direct judgment is for D level, the validity period for the asessment is 5 years.

2. For all information items involving point deductions, where 40 points or less are subtracted, the validity period for the assessment is 1 year; where more than 40 points are subtracted the validity period for the assessment is 2 years;

3. For information items involving additions of points, where the infromation a commendation or reward etc. from a county or municipality, or a prefecture department, the validity period for the assessment is 1 year; where the addition is a commendation or reward from a prefecture or provincial level department, the validity period for the assessment is 2 years; where it is a commendation or reward from a provincial level, the validity period for the assessment is 3 years; where it is a national level commendation or reward, the validity period for the assessment is 5 years; and the period for other information on addition of points is 1 year;

4. Information on trustworthiness and untrustworthiness should be recorded in the Rongcheng Public Credit Information management sytem within one month of its formation, and where it is not recorded in accordance with regulations, the calculation of the validity period is not postponed, but is calculated from the date of formation; Information that has exceeded that assessment validity period is recorded as archive information but is not assessment information;

5. Where information on untrustworthiness is ongoing or continuous, calculate from the date on which the violation of regulations, contract, or laws ends; where individuals are sentenced to a prison term or higher criminal penalty, the validity period if 5 years from the completion of the sentence and their release.

Article 21: Credit management indexes for Party construction and other areas are to be implemented in accordance with measures on special project management.

Article 22: Municipal credit management bodies may change or adjust assessment targets, standards, and values in light of the circumstances, and announce this to the public.

Article 23: Where the infromation assessment indexes of these Measures are inconsistent with provisions normative documents that have already been released by the city, implementation is to be in accordance with the information assessment index standards in these Measures.

Article 24: Where 'A+' is indicated in normative documents related to credit management already released by the city. it is to be treated as AAA and AA levels as provided for in these Measures.

Article 25: These Measures are to be implemented from February 17, 2019, and be effective through December 31, 2023. The "Rongcheng City Provisions on Credit Information Assessment for Natural Persons and Legal Persons" (RongChengFa (2016) No.1) released on January 5, 2016, are simultaneously abolished.

 

Attachments:

1、个人信用信息评价标准

2. Societal legal person credit information assessment standards

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