Chongqing Municipal Social Credit Regulations

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(2021年5月27日重庆市第五届人民代表大会常务委员会第二十六次会议通过)

Contents Contents

Chapter I: General Provisions

Chapter II: The Establishment of a Credit Environment

Chapter III: The Collection and Disclosure of Credit Information

Chapter IV: The Use of Credit information

Chapter V: Safeguards for Credit Subjects' Rights and Interests

Chapter VI: Regulation of Credit Services

Chapter VII: Legal Responsibility

Chapter VIII: Supplementary Provisions

Chapter I: General Provisions

Article 1: These Regulations are drafted on the basis of relevant laws and administrative regulations, and in consideration of the actual conditions of this city, so as to increase the entire society's awareness of creditworthiness and levels of credit, to innovate social credit governance mechanisms, to optimize the business environment, protect credit subjects' lawful rights and interests, and carry forward the Core Socialist Values.

Article 2: These Regulations apply to the establishment of a credit environment, credit information work, safeguards for credit subjects' rights and interests, the regulation of credit services, and so forth, within the administrative region of this city. Where laws and administrative regulations provide otherwise, those provisions control.

Article 3: The establishment of the social credit system shall abide by the principles of government leadership, joint construction by society, compliance with laws and regulations, and safeguarding rights and interests; and is to persist in advancing in the diverse areas of creditworthiness in government affairs, commerce, and society, and judicial credibility.

The aggregation, collection, storage, organization, inquiry, opening, and application of Social Credit Information shall be conducted in strict accordance with the provisions in laws and regulations on cybersecurity, data security, the protection of personal information, and the protection of minors.

Article 4: The municipal, district, and county (or autonomous county) people's governments shall include the establishment of the social credit system in the citizen's economic and social development plan, establish and complete mechanisms for coordinating the establishment of the social credit system, and plan the advancement of the establishment of the social credit system.

The municipal, district, and county (or autonomous county) people's governments shall provide funding safeguards for efforts to establish the social credit system such as constructing credit information infrastructure, cultivating credit professionals, education and publicity on creditworthiness, and establishing credit demonstration cities.

Article 5: The development and reform departments are the city's departments in charge of efforts to establish the social credit system, and are responsible for to overall coordination, oversight, and management of efforts to establish the social credit system, organizing the establishment of Public Credit Information platforms and overseeing and guiding the aggregation, opening, and use of Public Credit Information.

The institutions for the oversight and management of credit reporting operations are responsible for overseeing and managing credit reporting operations and ratings in accordance with the Regulations on the Management of Credit Reporting Operations.

Other relevant departments and units are responsible for social credit work in the corresponding industries and sectors in accordance with their duties and division of labor, and are to jointly advance the establishment of the social credit system.

Article 6: The Public Credit Information platform is to be operated and maintained by the Public Credit Information service bodies designated by the government, and is responsible for the uniform publication of government information, providing public credit services, and so forth.

The municipal Public Credit Information platform shall interconnect with the national credit information sharing platform.

Article 7: State organs and their staffs shall fully perform their duties in accordance with law, and raise the level of awareness regarding legal compliance, contract performance, and keeping promises, as well as on using credit information, and shall play an exemplary role in the construction of the social credit system.

Credit service establishments, industry associations, and other enterprises, public institutions, and organizations shall strengthen their own credit management, comply with laws, regulations, industry rules, and professional ethics rules, to proactively participate in the establishment of the social credit system and take on social responsibility.

The public shall comply with the principle of creditworthiness, follow laws and fulfill contracts, keep promises, and participate in activities for creditworthiness education and credit oversight.

Chapter II: The Establishment of a Credit Environment

Article 8: The city is to strengthen the establishment of creditworthiness in government affairs, giving play to the key and demonstrative roles of all levels of people's governments and public employees in establishing the social credit system, establishing systems for monitoring and governing creditworthiness in government affairs and for pursuing responsibility for government untrustworthiness.

Article 9: In the lawful performance of their duties and other economic and social activities, all levels of people's government and relevant departments shall strictly fulfill policy pledges lawfully made to the public and perform on contracts that are lawfully signed, strengthening the establishment of government creditworthiness in key areas such as government procurement, private-public partnerships, bidding and tendering, attracting investment, and local government debt; and must not breach or void contracts on the grounds of adjustments to administrative divisions, change of government sessions, institutions, or functions, as well replacement of the responsible government personnel, or institutional functions

Where it is truly necessary to change government pledges, administrative permits, or contracts and agreements for the national interest, societal public interest, or other legally-prescribed reasons, it shall be done in accordance with legally-prescribed authority and procedures, and the financial losses of market entities suffered as a result are to be compensated in accordance with law.

Article 10: At regular intervals, higher-level people's governments are to conduct government affairs creditworthiness oversight inspections of lower-level people's governments, carrying out government affairs creditworthiness evaluation assessments focused mainly on the fulfillment of government contracts and keeping of government promises, and the outcomes are to be an important part of the lower-level governments' performance evaluations.

Article 11: The city is to strengthen the establishment of commercial creditworthiness in fields such as production, circulation, spending, taxation, construction, bidding and tendering, and transport, to guide market entities to enhance their sense of social responsibility and strengthen credit self-discipline, promote the entrepreneurial spirit, and promote high-quality development.

Market entities are encouraged to actively use credit reports, credit assessments, and other credit products in economic activities, to reduce the costs of commercial operations, preserve positive commercial relationships, and optimize the business environment.

All levels of people's government and their relevant departments shall give play to the fundamental role of credit in innovating regulatory mechanisms, increasing the capacity and level of regulation, and stimulating the vitality of market entities and social creativity.

Article 12: The city is to fully advance the establishment of societal creditworthiness in fields such as social security, education and research, labor and employment, environmental protection, and energy conservation, encouraging members of society to treat each other honestly and promoting the advancement of social civility to realize social harmony and stability.

All levels of state organ and relevant departments shall establish exemplars of creditworthiness in each industry's activities to build creditworthiness and in the selection of models of spiritual civilization and morality, and include credit subjects' credit status as an important part of award selections.

Article 13: The city is to strengthen the establishment of judicial credibility, increase judicial credibility, and preserve social fairness and justice.

Adjudication organs shall hear cases fairly in accordance with law, increase the level of information technology in trials, promote disclosure of case information, improve mechanisms for joint enforcement, and improve the rate at which effective legal documents are successfully enforced.

Procuratorates shall innovate tactics and channels for procuratorial disclosures, giving full play to the role of oversight functions in promoting the establishment of creditworthiness.

Article 14: The people's governments of the city, districts, and counties (or autonomous counties) shall have creditworthiness education permeate the entire processes of building citizen morality and establishing a spiritual civilization, advancing the program to build citizen morality, strengthening education on social mores, professional ethics, family values, and personal ethics.

The departments in charge of education shall establish effective systems of creditworthiness education that connect all levels and types of school education, and include honesty and trustworthiness in character education; other relevant departments shall carry out educational activities on the theme of creditworthiness in each industry and sector in accordance with their duties and division of labor.

All types of news media such as newspapers, radio, television, and the internet shall carry out public interest publicity on honesty and trustworthiness.

Article 15: The people's governments of the city, districts, and counties (or autonomous counties) and their relevant departments shall consider the characteristics of that area in carrying out demonstration activities such as the construction of credit markets, credit villages (neighborhoods), credit villages (complexes) and so forth, promptly summarizing, refining, and spreading positive experiences and methods in the establishment of credit.

Chapter III: The Collection and Disclosure of Credit Information

Article 16: Cataloged management is implemented for Public Credit Information. The aggregation of Public Credit Information shall be in strict accordance with the National Basic Catalog of Public Credit Information and this city's supplemental catalog of Public Credit Information.

Article 17: The municipal development and reform department is responsible for compiling and adjusting the city's supplemental catalog of Public Credit Information, and for releasing it to the public.

Matters planned to be included or adjusted in the city's supplemental catalog of Public Credit Information are to be put forward by recommendations by the city's relevant departments and units on the basis of credit management provisions in local regulations. After the city's reform and development department receives recommendations, it shall solicit the comments of all districts, counties (or autonomous counties), relevant departments, market entities, industry associations, legal service establishments, expert scholars, and the public, and include or adjust the matter in the catalog after approval by the municipal people's government.

Article 18: The city's supplemental catalog of Public Credit Information shall be restricted to the scope below:

(1) Registration information that reflects the Credit Subjects' basic circumstances in public administration and services;

(2) Information on administrative punishments, administrative permits, administrative confirmations, administrative payments, administrative rulings, administrative compensation, administrative oversight inspections, admonishments, and other administrative acts that reflect a credit subjects' credit status;

(3) Information on the refusal to pay taxes, social insurance fees, fees for administrative operations, or government funds that should be paid over in accordance with law;

(4) Information on judicial rulings and judgments or arbitration documents that reflect credit subjects' credit staus, or information on refusals to fulfil obligations set forth in effective legal documents;

(5) Information on violations of laws and regulations by the provision of false materials, concealing the true situation, harming the order of social management and the public interest;

(6) Information on credit subjects' fulfillment of pledges in administrative management or public services;

(7) Information on credit subjects' receipt of commendations and rewards as well as participation in charitable activities and volunteer services;

(8) Other information that is provided for in the city's local regulations.

Article 19: The aggregation of natural persons' Public Credit Information is to have citizen's identification numbers as the associated identifier, and where they do not have a citizen identification number, passports or other valid identification numbers may be the associated identifier.

The sole associated matching identifier for the aggregation of legal persons' and unincorporated organizations' Public Credit Information is to be their uniform social credit code.

Article 20: Units providing Public Credit Information shall truthfully record government affairs and services information formed in the course of performing their duties or providing services, and provide them through the municipal government affairs data resource sharing system to the Public Credit Information platform.

Public credit service establishments shall aggregate Public Credit Information through the municipal government affairs data resource sharing system in accordance with the Public Credit Information catalog.

Article 21: Public Credit Information providing units' recording of information on credit subjects' violations of legally-prescribed obligations, non-performance on contractual obligations, or not fulfilling pledges shall be based on the following documents:

(1) Effective judicial judgment documents and arbitration documents;

(2) Effective administrative decision documents such as for administrative punishment and administrative rulings;

(3) Other documents that laws, regulations, or the state provide may be the basis for a record.

Article 22: Public Credit service establishments shall provide Public Credit Information services to the public through means such as lawful disclosures, inquiries made on the basis of authority, credit subjects' real-name verified inquiries, and authorized inquiries, through channels such as the "Credit China (Chongqing)" website, mobile client terminals, and inquiry desks.

"Lawful disclosure" refers to disclosures that do not require the credit subjects' authorization in accordance with laws, regulations, and rules; "inquiries made on the basis of authority" refers to inquiries made by Public Credit Information providing units as needed for the performance of their duties, into relevant Public Credit Information; "credit subjects' real name verified inquiries" refers to credit subjects’ inquiries into their own credit information after having their real-name verified; and "authorized inquiries" refers to inquiries conducted upon authorization by a credit subject in accordance with agreed-upon channels and uses of Public Credit Information.

The city's development and reform department shall draft and disclose specifications for Public Credit Information services work. In accordance with the work specifications, public credit service establishments shall provide convenient services to the public , truthfully indicate inquiries, and retain the record for three years from the date of inquiry.

Article 23: The aggregation and collection of credit information shall be lawful, truthful, objective, and necessary.

Enterprises, public institutions, social organizations, and so forth are encouraged to record the Market Credit Information they produce in the course of their own activities. Industry associations, transaction platforms, and so forth are encouraged to record members' Market Credit Information in accordance with laws and agreements, as needed for management and services.

Article 24: Where enterprise information is Public Credit Information that is to be disclosed to the public in accordance with law, all levels of administrative organ, and enterprises shall disclose it to the public through the National Enterprise Credit Information Publicity System in accordance with provisions of the state and this city, so that any organization or individual may make inquiries into or use it.

Where Public Credit Information is within the scope of proactive disclosure of government information, all levels of administrative organ shall follow the State and Municipal provisions to publish it through means such as government bulletins, news conferences, websites, periodicals, radio, and television; information that is to be disclosed upon application shall be provided in accordance with law through appropriate means such as providing copies or arranging for readings of relevant of materials.

Article 25: The city is to establish a communication and coordination mechanism that is participated in by the department for development and reform, government affairs data resource department, credit reporting oversight and management institution, market regulation department, judicial organs, and relevant units; and promote open cooperation on relevant credit information systems such as the Public Credit Information platform, Basic Financial Credit Information Databases, and National Enterprise Credit Information Publicity System, to satisfy public demand.

The establishment of mechanisms connecting and integrating Public Credit Information and Market Credit Information is encouraged, promoting interconnectivity and sharing of market and public credit information, and innovating uses of Social Credit Information.

Article 26: The city encourages credit subjects to voluntarily register and provide credit information such as on credential licenses, market operations, contract performance, and public interest, through channels such as the Credit China (Chongqing) website, making public credit pledges regarding the lawfulness, veracity, and completeness of the information, and authorizing the website to integrate, share, and use the relevant information.

Article 27: Credit service establishments and credit information providing units shall establish systems for the management of Social Credit Information security and emergency responses, draft specifications for that unit's staff on information inquiries, employ security and confidentiality measures, and safeguard the security of the entire process of aggregation, collection, inquiries, disclosure, and use of Social Credit Information.

Article 28: Credit service establishments and credit information providing units, and their staffs, must not illegally aggregate, collect, open, inquire into, or use Social Credit Information; they must not alter, fabricate, leak, steal, conceal, improperly delete, or illegally trade in Social Credit Information; and must not leak state secrets and commercial secrets, or violate personal privacy.

Chapter IV: The Use of Credit information

Article 29: Credit service establishments may aggregate and collect Social Credit Information in accordance with law, and provide credit reports to credit subjects based on their requests for inquiries.

Public credit information reports are to be provided for free by the public credit service establishments. Market credit reports are to be provided by market credit service establishments and are to comply with relevant laws and regulations.

Article 30: The municipal public credit service establishments may carry out comprehensive public credit assessments in accordance with law. As needed to perform their duties, the relevant city, district, and county (autonomous county) departments and units consider comprehensive public credit assessments in carrying out industry credit assessments and implementing hierarchical and categorical regulation.

The credit assessments provided for in the preceding paragraph are for use in administrative management and public services by the relevant city, district, and county (autonomous county) departments, and must not be used to judge market entities' credit in market and economic activities.

Market credit service establishments carrying out assessment and rating operations shall comply with relevant laws and administrative regulations.

Article 31: Within the scope of their legally-prescribed authority, the relevant city, district, and county (autonomous county) departments and units may employ the following incentive measures for credit subjects with good credit that correspond to degree of their trustworthy conduct and social contributions, and announce these to the public:

(1) Give facilitated services such as priority handling or simplified procedures in administrative permitting and qualification level assessments;

(2) Optimizing inspection frequencies in routine oversight and management and special inspections;

(3) Where other requirements are equal, make them priority choices or giving key supports in the implementation of government benefit policies such as government funded assistance, preferential policies for attracting investment, tax benefits, and entrepreneurial supports;

(4) Where other requirements are equal, make them priority choices in personnel evaluation work;

(5) Giving support and facilitation in areas such as employment and entrepreneurship;

(6) Conducting publicity or promotions on credit portal websites or related media;

(7) other incentive measures provided for by laws, regulations, and state provisions.

Article 32: The establishment of lists of seriously untrustworthy entities shall be strictly limited to the follow fields:

(1) that which seriously harms natural persons' physical health or security in their lives;

(2) that which seriously disrupts the order of fair market competition and normal social order;

(3) Refusing to perform on legally prescribed obligations and seriously impacting the credibility of the judicial or administrative organs;

(4) Refusing to perform defense organizations;

(5) Other areas as provided for by the State.

The national uniform designation standards are to be implemented in the implementation of nationally-implemented list of seriously untrustworthy entities. The designation standards, the requirements and procedures for removal, and the remedy measures for list systems on seriously untrustworthy entities that are to be implemented only within a local scope shall be based on the local regulations.

Before making designations of seriously untrustworthy entities, the relevant city, district, and county (autonomous county) departments and units shall notify parties of the facts, grounds, and basis for the decision, as well as of the rights they enjoy in accordance with law; and where the parties have submitted objections, they shall verify them and give a response within the time provided; after the designation of a seriously untrustworthy entity, written documents shall be served on the untrustworthy entity, indicating the facts, grounds, and basis, alerts of the punishment measures, and requirements and procedures for removal, as well as remedy measures and so forth; and when necessary they may also have relevant departments draft independent designation documents.

Article 33: Where city, district, and county (autonomous county) departments and units designate legal persons or unincorporated organizations as seriously untrustworthy entities, they shall include it in the records of untrustworthiness for the legal representatives, principle responsible persons, actual controllers, and other directly responsible persons in accordance with relevant state provisions.

Where city, district, and county (autonomous county) departments and units include credit subjects in the list of seriously untrustworthy entities, they shall also share the list of serious untrustworthy subjects with other departments and units through the public credit information platform in accordance with relevant state provisions.

Article 34: Punishments for untrustworthiness are to implement a list management system. Adoption of punishment measures against untrustworthy entities shall be enforced strictly in accordance with the National Basic List of Punishment Measures for Untrustworthiness and this city's supplemental list of punishments for untrustworthiness.

Article 35: The municipal development and reform department is responsible for compiling and adjusting the city's supplemental list of punishments for untrustworthiness, and for releasing it to the public.

Punishment measures planned to be included or adjusted in the city's supplemental list of punishments for untrustworthiness are to be put forward by recommendations by the city's relevant departments and units on the basis of provisions on punishment measures for untrustworthiness in local regulations. After the city's reform and development department receives recommendations, it shall solicit the comments of all districts and counties (autonomous counties), relevant departments, market entities, industry associations, legal service establishments, expert scholars, and the public, and include or adjust the matter in the list after approval by the municipal people's government.

Article 36: The set up of punishment measures for untrustworthiness shall comply with the principles of relevance and proportionality, and be limited to the following scope:

(1) Having a meeting;

(2) List them as subjects for key review in carrying out administrative permitting, and don't apply facilitated service measures such as information and assurances;

(3) List them as key management targets in routine management, increase the frequency of monitoring, and strengthen on-site inspections;

(4) Making corresponding restrictions in government funding subsidies and project supports;

(5) other punishment measures provided for by laws, regulations, and state provisions.

Article 37: Relevant city, district, and county (autonomous county) departments and units shall employ punishment measures of an appropriate severity against untrustworthy entities in accordance with the lists of punishment measures for untrustworthiness, and on the basis of the nature, circumstances, and societal impact of the untrustworthy conduct.

Where minor or incidental untrustworthy conduct is promptly corrected or remedial measures are employed, and no harmful outcomes were caused to society, punishments for untrustworthiness shall be waived.

Article 38: Market entities are encouraged to use credit information in conducting market activities such as production, business, and transactions to give beneficial facilitation, increased trade opportunities, and other reductions of transaction costs for trustworthy entities; and to cancel benefits, increase guarantee deposits, and otherwise increase transaction costs for untrustworthy entities.

Financial institutions are encouraged to use credit information to provide benefits and facilitation in areas such as credit financing, interest rates, methods for repaying debt to trustworthy entities; and increase interest rates on loans and insurance rates for untrustworthy entities, or limit the provision of services such as loans, sponsorship, underwriting, or insurance to them.

Chapter V: Safeguards for Credit Subjects' Rights and Interests

Article 39: Credit Subjects have the right to know about conditions such as the aggregation, collection, and use of their own Social Credit Information, as well as the sources of information contained in their own credit reports, and the reasons for any changes, and enjoy the right to make inquiries into their own Social Credit Information.

Credit Service Establishments and other enterprises, public institutions, or organizations must not link services with the aggregation or collection of Social Credit Information to other services, or coerce or indirectly coerce Credit Subjects' consent.

Article 40: Where credit subjects feel that their own Public Credit Information has errors or ommissions, or that it can be queried beyond the legally-prescribed time period, they may raise an objection to the public credit service establishments and provide the relevant basis and grounds.

The public credit service establishments shall note the objection within one working day of receiving the objection application, and make the following dispositions:

(1) Where it is within the scope to be corrected by that establishment, verification and handling of the objection shall be completed within three working days of receiving the objection;

(2) Where it is within the scope of authority of the unit providing the Public Credit Information, it shall be transferred to be handled by the Public Credit Information providing unit within 2 working days of receiving the application, and the Public Credit Information providing unit shall complete verification and handling within 3 working days of receiving the transferred application, and notify the public credit service establishment.

The public credit service establishments shall give written notice of the outcome to the objecting applicant within 5 working days of receiving the application.

Where credit subjects are not satisfied with the handling of an objection, they may apply for a re-examination to the Reform and Development Department of the corresponding level. The reform and development department shall complete handling within 3 working days of receiving the application for re-examination.

Article 41: The time periods for handling and re-examining Public Credit Information objections do not impact the disclosure of the objected-to information.

Where the handling of objections or re-examinations requires inspections, testings, evaluations, expert review, and so forth, the time used shall not be included in the time limits for handling the objection or re-examiniation.

Public credit service establishments shall establish an archive of objection dispositions. Where objections are raised without a legitimate reason or repeatedly raised on the same reasoning, non-acceptance is allowed.

Article 42: After objections to Public Credit Information are handled, they are to be addressed in accordance with the following provisions:

(1) Where there are errors in the information, correct it;

(2) Where there are omissions in the information, supplement it;

(3) Where inquiries are still being made into the information beyond the legally-prescribed period, stop providing inquiry services.

After the handling of objections is completed, the public credit service establishments shall immediately remove the objection label.

Where public credit service establishments and Public Credit Information providing unis discover that Public Credit Information has the circumstances provided for in the preceding paragraph, they shall promptly and proactively handle it.

Article 43: The period for public credit service establishments providing inquiry services into information on untrustworthiness by natural persons is 5 years, except as otherwise provided by laws, regulations or decisions and orders of the State Council.

The time period in the preceding paragraph is calculated from the date on which the untrustworthy conduct or incident concludes. Where the period for inquiries into information on untrustworthiness is complete, the public credit service establishments must not provide inquiry services.

Article 44: Where the documents on designations of untrustworthy conduct are revoked or changed in accordance with law, the original Public Credit Information providing units or public credit service establishments shall promptly handle it in accordance with the methods, procedures, and time limits provided by the state.

Article 45: Where credit subjects have already lawfully corrected their untrustworthy conduct and eliminated the negative impact, they may submit a request to the Public Credit Information Providing Units or public credit service establishments for social credit restoration, and provide relevant materials.

Public Credit Information providing units or public credit service establishments shall promptly conduct handling in accordance with the methods, procedures, and time limits provide by the state.

After seriously untrustworthy entities restore their credit, the associated responsible persons' records of untrustworthiness shall be removed, and the information on untrustworthiness will no longer be provided.

Public Credit Information providing units and public credit service establishments shall specify dedicated personnel responsible for credit restoration work, and must not collect fees in any form from credit subjects applying for credit restoration.

Article 46: Where credit subjects feel that administrative acts in activities such as the aggregation, opening, or use of Public Credit Information violated their lawful rights and interests, they may make complaints to the Public Credit Information providing units, and may also apply for credit administrative reconsideration in accordance with law or initiate administrative litigation. The implementation of credit penalties is not impacted during the time period for handling complaints, administrative reconsideration, or administrative litigation.

Objections, complaints, and other remedies for Market Credit Information are to be handled in accordance with relevant laws and administrative regulations.

Chapter VI: Regulation of Credit Services

Article 47: The city, disctrict, and county (autonomous county) people's governments shall implement categorical regulation based on the differing characteristics of credit service operations, improve regulation of credit service operations, and promote the healthy development of the credit service industry.

Article 48: Credit Service Establishments' application of Social Credit Information, and provision of credit products, shall follow the principles of objectivity, fairness, and prudence; lawfully accepting oversight.

Article 49: Market credit service establishments engaged in credit reporting and rating operations shall obtain relevant permits or conduct filings on the basis of state provisions, and accept oversight and management of the credit reporting oversight and management bodies.

Market credit service establishments engaged in operations other than credit reporting and rating such as information inquiries and credit risk control shall comply with relevant state provisions and file with the development and reform departments.

Article 50: Where relevant city, district, and county (autonomous county) departments use credit products and credit services during administrative management and public services, the relevant feels must not be borne by the market entities.

Credit service establishments are encouraged to use big data, cloud computing, blockchain, artificial intelligence, and other technology to launch credit products in which they have intellectual property rights, to satisfy public demand.

Innovation demonstration zones and industrial parks are encouraged to bring in credit service establishments to provide credit products and services for them.

Article 51: The establishment of social credit industry organizations is encouraged. Social credit industry organizations are to strengthen self-discipline and management and increase the service capacity and credibility of the social credit service operations through methods such as drafting basic codes of conduct and operations specifications for social credit service establishments and employees and carrying out publicity and training.

Chapter VII: Legal Responsibility

Article 52: Where laws and administrative regulations already provide for the punishment of conduct in violation of these Regulations, follow those provisions.

Where the provisions on cybersecurity, data security, personal information protection, and protection of minors in state laws and administrative regulations are violated in the aggregation, collection, or use of credit information, it is to be handled in accordance with the relevant laws and administrative regulations; where the privacy or civil rights of others are violated, civil responsibility is to be borne in accordance with law; where a crime is constituted, criminal responsibility is to be pursued in accordance with law,

Article 53: Where any level of state organ and its relevant departments, Public Credit Information providing units, or their staffs violate these Regulations in the course of Public Credit Information management and application, a higher-level regulatory department or the development and reform department is to order that corrections be made in a set period of time on the basis of their authority; and where corrections are not made in time or the circumstances are serious, circulate criticism.

Where the personnel of departments and units provided for in the preceding paragraph abuse their authority, derelict their duty, or twist the law for personal gain in the management and application of Public Credit Information, an organ with authority is to give sanctions in accordance with law based on the severity of the circumstances; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 54: Where public credit service establishments and their personnel violate these Regulations by carrying out aggregation, inquiries, opening, or application of Public Credit Information in the operation and maintenance of Public Credit Information platforms, the development and reform department is to order that corrections be made in a set period of time; and where corrections are not made in time, or the circumstances are serious, an organ with authority is to sanction directly responsible managers and other directly responsible personnel in accordance with law.

Article 55: Where market credit service establishments violate provisions on the management of credit reporting operations or rating operations, the bodies for oversight and management of the credit reporting industry are to handle it in accordance with law.

Where market credit service establishments violate the second paragraph of article 49 of these Regulations, the reform and development departments are to order that corrections be made in a set period of time; where corrections are not made in time or the circumstances are serious, a fine of between 50,000 and 100,000 RMB is to be given; where there are unlawful gains, confiscate the unlawful gains.

Chapter VIII: Supplementary Provisions

Article 56: Social credit as used in these regulations refers to natural persons', legal persons', and unincorporated organizations' etc. ('credit subjects') status of complying with legally-prescribed obligations, performance of contractual obligation, and keeping of pledges in social and economic activities.

Social Credit Information refers to objective data and materials that can be used to identify Credit Subjects’ and assess their compliance with law, performance on agreements, and keeping of pledges, including Public Credit Information and Market Credit Information.

Public Credit Information refers to Social Credit Information produced or acquired in the course of lawful performance of duties or provision of services by state organs or organizations authorized by laws or regulations to have public affairs management functions (collectively Public Credit Information providing units).

Market Credit Information refers to Social Credit Information produced or acquired by market credit service establishments or other enterprises, public institutions, and organizations (collectively Market Credit Information providing units) in the course of production and business activities or providing services.

Article 57: These Regulations enter into force on July 1, 2021.

 

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