Opinions on Appropriately Restricting Certain Seriously Untrustworthy Persons from Riding Trains for a Certain Period of Time, and Promoting the Establishment of the a Social Credit System

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To the units that are leading the way in the establishment of a social credit system, civilization offices, High People's Court, finance offices (bureaus), offices (bureaus) of human resources and social security, state administration of taxation bureaus, local taxation bureaus, each local office of the Securities and Futures Commission, railway transport units, China Academy of Railway Science, and railway public security bureau, of each province, autonomous region, directly governed municipality, and the Xinjiang Production and Construction Corps:

The following Opinions on restricting trai travel by specific seriously untrustworthy persons are hereby made so as to deeply emulate Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the spirit of the 19th Party Congress, to implement General Secretary Xi Jinping's important instructions on building a credit punishment structure in which 'untrustworthiness in one area, leads to restrictions everywhere", to follow the requirements of the "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), to prevent the negative impact of some passengers' violations and untrustworthy conduct of law on railway safety, and to further increase the extent of punishment of against seriously untrustworthy conduct in other fields.

I. Scope of restrictions

(1) Where persons responsible for conduct that seriously impacts railway transport safety and production safety are punished by public security organs or identified by railway station or car units.

1. Disrupting the order of railway transport at stations or on cars and endangering railway security, causing serious negative social impact;

2. Smoking on EMU trains or smoking in the areas of other trains where smoking is prohibited;

3. Having been investigated and punished for scalping tickets, or for making or selling fake tickets;

4.Falsely using discount (benefit) identification documents, or using forged or invalid discount (benefit) identification documents, to purchase tickets for travel;

5. Using forged, expired, or other invalid tickets, or falsely using replacements for lost tickets, to travel;

6. Riding without a ticket, exceeding your station (seat) and refusing to supplement the fare;

7. Where administrative punishments should be given in accordance with relevant provisions of law.

Persons responsible for the conduct described above are to be restricted from riding trains.

(2) Persons responsible for serious untrustworthy violations in other areas;

1. Parties in major tax violation cases that have the capacity to perform but refuse to do so:

2. Persons responsible for seriously untrustworthy conduct in the field of government finance capital management and use, that have situations of falsification, making false representations and claims, defrauding assets, withholding or misappropriation, or being in arrears on matured debts to international finance organizations or foreign governments.

3. Persons responsible for seriously untrustworthy conduct that have the following circumstances in the field of social insurance: Employing units that have not followed the relevant provisions to participate in social insurance and refuse to make corrections; employing units that have not truthfully reported social insurance payment bases and fail to make corrections; those that should make social insurance contributions and have the ability to do so but refuse to make contributions; those who conceal, transfer, take, or misappropriate social insurance funds or violate provisions to invest them in operations; those who falsely acquire social insurance benefits by fraud or falsification of supporting materials, or other such tactics; social insurance service institutions that violate service agreements or relevant provisions; those refusing to assist social insurance administrative departments conducting investigations of accidents and issues;

4. Where fines imposed for securities or futures violations have not been paid over in the time allowed; and where responsible entities in publicly listed companies have not performed public commitments in the time allowed.

5. Those against whom the people's courts have followed provisions to lawfully employ spending restrictions in accordance with law, or have been lawfully entered into the Judgment Default List.

6. Other persons responsible for seriously untrustworthy conduct that relevant departments have identified as restricted from taking higher-grade train seats, and where relevant departments accede to this document, it shall be clarified through modification of this document.

Persons responsible for the conduct described above are to be restricted from taking higher-grade train seats, including soft sleeper cars, all seats in G-class EMU trains, and first class or higher seats on other EMU trains.

II. Collection of information

(1) Collection of information on the untrustworthiness of rail passengers

Where the conduct described above occurs in a railway station and the public security organs give administrative punishments or open a criminal case, the relevant railway public security bureau is to report them to the China Railway Group LTD, and entered onto the punishment list. Conduct described above that has not been handled by the public security organs, but for which railway station staff have collected video evidence or there is written testimony of two or more witnesses, after verification, they are to be entered onto the punishment list.

(2) Collection of information related to untrustworthiness in other areas.

The National Development and Reform Commission, the Supreme People's Court, the Ministry of Finance, the Ministry of Human Resources and Social Security, the State Administration of Taxation, and the China Securities Regulatory Commission are to have the list of persons identified by that deparment as having seriously untrustworthy conduct so that they need to be included in the list of persons restricted from travel on high-grade trains placed on the national credit information sharing platform, and the platform is to send it to the China Railway Corporation, which will follow the prescribed national procedures to enter them on the list of persons restricted from travel on high-grade trains. If data transmission channels have been previously established with the China Railway Corporation bringing about the sharing of list information, the traditional data channels and information sharing methods may be maintained, and the national credit information sharing platform will not duplicatively send the list.

List information provided to China Railway Corporation shall include: The names and travel document numbers of the people entered onto the list restricted travel by high-grade train, and the reason for their entry; where legal documents are the basis, the names and numbers of the legal documents shall also be provided. The relevant departments shall designate the person responsible for handling objections to the list, and notify the China Railway Company.

III. Publication of Enforcement and Rights Relief

Each railway transit enterprise is to release the complete list of persons restricted from purchasing train tickets on the first working day of each month on the China Railway Customer Service Center (12306) website, and shall concurrently announce the contact information of of the persons at relevant departments for handling objections. The period of public notice begins on the date on which the list is published and runs for 7 days, during the public notice period, those in the notice may submit objections through the railway customer service number "12306" or the relevant departments, and at the completion of the notice period, where those in the notice have not raised objections or where the submitted objections were not supported upon review, each railway transport enterprise is to being enforcement of penalty measures in accordance with the announced list. Where persons included in list of persons restricted from buying tickets think they were incorrectly included, they may submit it for review with the relevant organ or unit.

IV. Removal Mechanisms

Specific seriously untrustworthy persons are to be appropriately restricted from travel on trains for a certain period of time. After the relevant entities are removed from list of persons for restricted train travel, measures restricting train travel are no longer to be applied against them, and the specific methods for removal are as follows:

(1) For those responsible for conduct in articles 1-3 or 7, seriously impacting railway transport safety and production safety, the period for which each railway transport enterprise is to restrict their purchase of tickets is 180 days, calculated from the date on which the announcement period is completed without effective objections; removal is automatic at the completion of the 180 days, and the railway enterprises are to resume selling them tickets.

(2) For those responsible for the conduct in article 4-6, seriously impacting seriously impacting railway transport safety and production safety, each railway transport enterprise is to restrict their purchase of tickets. After the person responsible makes up the owed fare (calculated from the date on which the owed fare is payed), the railway transport units are to resume selling them tickets; where within one year of making up owed fares, the conduct in articles 4-6 occurs three times, the railway transport units are to resume selling tickets to them 90 days after the make up the owed fair (including the 90th day), and where they don't make up the owed fair, the railway transport enterprises are not to resume selling tickets to them.

(3) For the list of persons restricted from high-grade train travel produced in other areas, the effective period is one year, calculated from the date on which the public announcement period is completed, and automatically lifted at the completion of one year; and where they complete performance of their legally-prescribed obligations during the effective period, the relevant departments shall notify the China Railway Company to remove them from the list within 7 working days.

V. Litigation Guidance

The Supreme People's Court is to strengthen guidance of all levels of people's court's lawfully handling civil and administrative litigation arising from enforcement the list of persons subject to restrictions on train travel, and is to clarify standards, judicial fairness, and preserve the lawful rights and interests of all sides.

VI. Publicity Work

Each relevant department and each railway transport enterprise shall, with the aid of all types of media platform, give play to the role of publicity in guiding public opinion, and vigorously carry out publicity spreading and education activities on railway credit. Organize pubic interest activities such as “Creditworthiness Activity Week” , “Safe Production Month”, “Sincere Trading Propaganda Week”, the “15 March” International Consumer Rights Protection Day, the “14 June” Credit Record Care Day, and the “4 December” National Legal System Propaganda Day, to systematically and selectively introduce and publicize the content and implementation status of the system for restricting train travel, helping the broader public become familiar with and supervise the implementation of this system.

This notice takes effect on May 1, 2018.

 

National Development and Reform Commission

Civilization Office of the CPC Central Committee

Supreme People's Court

Ministry of Finance

Ministry of Human Resources and Social Security

State Administration of Taxation

Securities Regulatory Commission

China Railway Company

2018/3/2

 

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