Gansu Province Social Credit Regulations

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(Adopted at the 27th meeting of the Standing Committee of the 13th Provincial People's Congress on November 26, 2021)

Table of Contents

Chapter I: General Provisions

Chapter II: Social Credit Information

Chapter III: Rewards for Trustworthiness and Punishment for Untrustworthiness

Chapter IV: Protection of Credit Subjects' Rights and Interests

Chapter V: Development of the Credit Services Industry

Chapter VI: The establishment of a social credit environment

Chapter VII: Legal Responsibility

Gansu Province Social Credit Regulations

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of relevant laws and administrative regulations, together with actual conditions in this province, so as to carry forward the Core Socialist Values, advance the establishment of the social credit system, increase the level of social credit, preserve the lawful rights and interests of credit subjects, innovate mechanisms for social governance, and optimize the business environment.

Article 2: These Regulations apply to activities in this province such as the recording, collection, aggregation, organization, processing, sharing, disclosure, querying, and use of Social Credit Information; rewards for trustworthiness and punishments for untrustworthiness, protection of credit subjects' rights and interests, the development of the credit services industry; and the establishment of a social credit environment.

“Social Credit” as used in these Regulations refers to the state of natural persons' and legal persons' or unincorporated organizations' (hereinafter collectively called 'Credit Subjects') compliance with the principle of creditworthiness and performance of legally-prescribed and contractual obligations in social and economic activities.

"Social Credit Information" as used in these Regulations, refers to objective data and materials that may be used to identify, analyze, and judge credit subjects’ performance of relevant legally prescribed and contractual obligations.

Where the laws or administrative regulations have other provisions on social credit, enforcement is to follow those provisions.

Article 3: This province is to promote the establishment and completion of social credit systems such as for creditworthiness in government affairs, commercial affairs, and society, and judicial credibility; advocating for and praising honesty and trustworthiness and punishing and restraining untrustworthy conduct in accordance with law.

Article 4: People's governments at the county level or above shall place the establishment of a social credit system within the Citizens' economic and social development plan and the evaluation system for responsibility for government targets, strengthen the establishment of work bodies and teams, ensure expenses for the work, and do the overall work of promoting the establishment of a social credit system within their administrative region.

People's governments at the county level or above shall establish and complete a coordinating body for the establishment of the social credit system, plan for and coordinate on major issues in the establishment of the social credit system, and strengthen guidance and oversight of efforts to establish the social credit system.

Article 5: The reform and development departments of people's governments at the county level or above are the corresponding administrative regions' departments in charge of social credit, responsible for the overall coordination, oversight, and management of that administrative region's efforts on the establishment of the social credit system and organizing the formulation and implementation of related policy measures.

Relevant departments of people's governments at the county level or above shall complete efforts related to the establishment of a social credit system in accordance with their respective duties.

Article 6: Activities related to the recording, collection, aggregation, organizing, processing, sharing, disclosure, querying and use of Social Credit Information shall comply with the principles of legality, propriety, objectivity, timeliness, necessity, and security; and must not violate state secrecy, commercial secrecy, or personal privacy.

Article 7: The provincial and municipal (prefecture) social credit information sharing platforms are the corresponding administrative regions' basic platform for the establishment of the social credit system, lawfully compiling Social Credit Information, bringing about the interconnectivity, sharing, and joint use of Social Credit Information across departments, sectors, and districts.

The provincial and municipal (prefecture) public credit information management bodies are specifically responsible for establishing, operating, and maintaining the credit information sharing platform at that level, and providing Social Credit Information applications and services.

The reform and development departments of provincial and municipal (prefecture) people's governments shall strengthen oversight and management of Public Credit Information management bodies.

Article 8: Encourage and support all aspects of society's participation in the establishment of the social credit system, enhancing awareness of creditworthiness, promoting a culture of creditworthiness, actively participating in education on creditworthiness and credit oversight activities, and collectively raising the public's level of credit.

Chapter II: Social Credit Information

Article 9: Social Credit Information is to be divided into Public Credit Information and Market Credit Information.

Public Credit Information refers to social credit information produced or obtained by public credit information providing units such as state organs, organizations authorized by laws or regulations to have public affairs management duties, and mass organizations and public service enterprises and public institutions, during the performance of legally-prescribed duties or provision of services.

Market Credit Information refers to credit information produced, collected, or acquired by Market Credit Information Providing Units, such as credit service establishments, industry associations, chambers of commerce and other enterprises, public institutions, and organizations during the course of their production and operations, provisions of services, or industry self-regulation.

"Credit service establishments" as used in these regulations refers to professional service bodies that are lawfully established, provide credit products and services to the public, and engage in credit reporting, credit safeguards, credit management, credit consultation, credit restoration, credit risk control, as well as credit rating and assessments, and related business activities.

Article 10: A cataloged management system is to be implemented for Public Credit Information. The catalogs are divided into the National Basic Catalog of Public Credit Information and provincial supplemental catalogs of Public Credit Information.

The reform and development department of the provincial people's government, in conjunction with relevant departments, is to compile the provincial supplemental catalog of Public Credit Information, release it to the public after approval from the provincial people's government, and implement dynamic management.

The comments of each municipal (prefecture) people's government, relevant departments, relevant market entities, industry associations and chambers of commerce, legal service establishments, experts, scholars, and the societal public shall be solicited in compiling the provincial supplemental catalog of Public Credit Information.

Article 11: Public Credit Information is divided into basic information, information on untrustworthiness, and other information.

Article 12: Public Credit Information Providing Units shall follow the Public Credit Information Catalogs to promptly, accurately, and completely aggregate the Public Credit Information for credit subjects' in that industry, field, or administrative region, and report it to the credit information sharing platform at the same level.

Municipal (prefecture) credit information sharing platforms shall promptly, accurately, and completely send Public Credit Information to the provincial credit information sharing platform, and the provincial credit information sharing platform shall promptly address it in accordance with provisions to bring about the sharing and joint use of provincial Public Credit Information.

Article 13: The following information of credit subjects shall be basic information, and included in credit subjects' credit records:

(1) The identification information of natural persons;

(2) The name, uniform social credit code, and other registration information of legal persons and unincorporated organizations;

(3) Information such as administrative permits;

(4) Other information that laws, regulations or rules provide shall be aggregated as basic information.

Article 14: The following information of credit subjects shall be information on untrustworthiness, and included in credit subjects' credit records:

(1) Information such as on administrative permits, administrative confirmations, administrative payments, and administrative rewards acquired through improper methods such as fraud or bribery;

(2) Information on administrative punishments given in accordance with the ordinary procedures, except where the unlawful conduct was slight or where the harms resulting from the unlawful conduct were proactively eliminated or abated;

(3) Information on making false pledges or not performing on pledges during the course of administrative management and public services;

(4) Information on administrative compulsory enforcement or refusal to perform on administrative decisions;

(5) Information on refusals to perform on legal documents such as effective judgments or rulings;

(6) Other information on untrustworthiness related to credit status, as indicated in laws, regulations, or relevant state provisions.

Recorded information on untrustworthiness shall be based on documents with legal effect.

Article 15: The following information of credit subjects shall be other information included in credit subjects' credit records:

(1) Information on commendations, rewards, and so forth;

(2) Information on participation in public interest or volunteer services, and so forth;

(3) Credit assessment information;

(4) Information on credit pledges and performance on agreements;

(5) Other Public Credit Information related to credit status as provided by the state or province.

Article 16: In accordance with state and provincial provisions, state organs and organizations authorized by laws or regulations to have public affairs management duties shall disclose Public Credit Information in government information that should be proactively disclosed through channels such as government proclamations, government websites and other internet government affairs media, press releases, and radio, television, and newspapers.

Article 17: Enterprises, public institutions, industry associations, chambers of commerce, and the like, may lawfully record Market Credit Information they produced themselves during operations, or the Market Credit Information of members, member businesses, and so forth, that they needed to lawfully record for management or services.

Credit subjects are encouraged to provide their own Market Credit Information to the provincial and municipal (prefecture) credit information sharing platforms, credit service establishments, industry associations and chambers of commerce, and so forth, as declarations, voluntary registration and filings, and social pledges, and guarantee the lawfulness, veracity, accuracy, and completeness of the information.

Credit service establishments, industry associations, chambers of commerce, , and so forth are to provide Market Credit Information to the credit information sharing platforms in accordance with law and agreements.

Article 18: Where Market Credit Information providing units collect natural persons' information, it shall be upon that person's consent and for agreed-upon uses, except where other laws and regulations apply.

Market Credit Information providing units must not collect information on natural persons' religious faith, genetics, fingerprints, blood type, illnesses or medical history, or biometric information, as well as other personal information which laws and regulations prohibit the collection of.

Market Credit Information providing units must not collect information such as on natural persons' income, savings, negotiable securities, commercial insurance, and real estate; as well as information on taxes paid; except where the possible adverse consequences of providing this information have been announced, and written consent is obtained.

Article 19: Aggregation of natural persons' social Credit Information is to be associated with their resident identity card number; and where they have no resident identity card number, other valid identification documents is to be used as the matching identifier.

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

Article 20: People's governments at the county level or above shall strengthen organization and coordination, using the internet, big data, artificial intelligence, and other technological means to conduct credit management, promoting the integrated development of social credit and big data, bringing about interconnectivity and sharing of Social Credit Information.

Article 21: The provincial people's government shall promote cooperation and openness between credit information platforms and Basic Financial Credit Information Databases, bringing about interconnectivity and information sharing through the platform for uniform sharing and exchange of information resources and online government affairs service platforms, National Enterprise Credit Information Publicity System (Gansu), as well as other provincial-level application systems.

Article 22: Social Credit Information providing units shall establish and complete mechanisms for the review of Social Credit Information, and be responsible for the legality, veracity, and accuracy of the Social Credit Information they provide.

Provincial and municipal (prefecture) credit information sharing platforms shall complete data verification within 5 working days of receiving Social Credit Information. Where requirements are not met, the providing unit is to be notified to provide it again.

Article 23: Public Credit Information is to be released through means such as public announcements, authorized inquiries, and public affairs sharing.

Where laws and regulations provide that Public Credit Information shall be disclosed, it shall be disclosed and displayed to the public on the Credit Information platforms.

The Public Credit Information of natural persons may be disclosed through authorized inquiries and government affairs sharing in accordance with law, but must be made public or publicly announced, except where the state has provided otherwise.

Support Market Credit Information collecting units in disclosing the Market Credit Information they collect in accordance with laws, regulations, or agreements.

Article 24: The provincial and municipal (prefecture) Public Credit Information management bodies shall make Public Credit Information open to the public on websites, mobile clients, offline inquiry portals, and other such channels, through means such as lawful disclosure, inquiries in accordance with duties, real name registered inquiries, and authorize inquiries, and establish inquiry logs.

The Public Credit Information management bodies and Public Credit Information providing units shall draft and disclose norms for Public Credit Information disclosure and inquiry services, and provide easy and convenient services to the public.

Without written authorization from the credit subject, non-public Market Credit Information must not be inquired into by any unit or individual. Unless otherwise provided by laws and regulations.

Article 25: As needed for the performance of their duties, state organs and organizations authorized by laws or regulations to have public affairs management duties and so forth may make inquiries into and use Social Credit Information during the following work:

(1) Carrying out administrative licensing, administrative punishment, administrative compulsions, and administrative payments;

(2) Government procurement, bidding and tendering, administrative approvals, market-entry, funding and project support, selling of state land use rights, review of credentials, management of research and development, audits, and so forth;

(3) Recruitment and transfer of civil servants, as well as their determination and promotions of positions or ranks;

(4) giving commendations;

(5) Bringing in talent;

(6) Other work that requires inquiries into Social Credit Information in accordance with laws, regulations, and relevant state provisions.

Article 26: Credit subjects are encouraged to make inquiries and use Social Credit Information during activities such as market transactions, enterprise business, industry management, hiring employees, financing, and public interest activities.

Article 27: Social Credit Information providing units and management and service bodies shall perform the following duties of security management for Social Credit Information:

(1) Establish information security management mechanisms, and confirming the responsible persons;

(2) Establish standards for Information enquiry systems, clarifying the scope of authority for the unit's personnel and the procedures for enquiries;

(3) Establish information management systems for confidentiality reviews;

(4) Comply with other national and provincial regulations on information security.

Article 28: Organizations and individuals must not carry out the following conduct:

(1) Exceeding authority to inquire into Social Credit Information;

(2) Theft, alteration, fabrication, concealment, or improper deletion of Social Credit Information;

(3) Leaking Social Credit Information without authorization to make it public;

(4) leaking Social Credit Information related to state secrets, commercial secrets, and personal privacy;

(5) Obtaining or selling Social Credit Information in violation of state provisions;

(6) other activity prohibited by laws, regulations, and state provisions.

Chapter III: Rewards for Trustworthiness and Punishment for Untrustworthiness

Article 29: The provincial people's government shall establish mechanisms for rewarding trustworthiness and punishing untrustworthiness that cross departments, sectors, and regions, implementing incentive measures for trustworthy credit entities, and punishment measures for untrustworthy credit entities.

Article 30: The development and reform departments of people's governments at the county level or above are to lead the way in the comprehensive assessment of market entities' public credit. Relevant state organs, organizations authorized by laws or regulations to have public affairs management duties, and so forth, shall establish credit assessment mechanisms for the corresponding industry or field, and carry out credit assessment to implement hierarchical and categorical credit management.

Article 31: The implementation of reward measures for the trustworthy and punishment measures for the untrustworthy shall be open, fair, and just. Reward measures for the trustworthy shall correspond to the credit entities' trustworthy conduct and the degree of their contribution to society. Punishment measures for the untrustworthy shall correspond to the nature and circumstances of the credit entities violations of law or contract and to the extent of societal harm, and notice shall be given of the basis and reasons for the punishment measures, and of channels for remedies.

Reward measures for the trustworthy and punishment measures for the untrustworthy shall be announced to the public in accordance with law, and must not be implemented without announcement.

Article 32: Within the scope of their legally-prescribed authority, relevant state organs and organizations authorized by laws or regulations to have public affairs management duties, may employ the following reward measures for trustworthy entities with no records of information on untrustworthiness:

(1) Give facilitated services in implementing administrative permits, such as priority handling, acceptance despite defects, or simplified procedures, on the basis of actual conditions;

(2) Where other requirements are equal, make them priority choices for public financing and project support;

(3) Give credit points, increased credit rating, or other facilitation in public resource transactions;

(4) Optimize the number and frequency of inspections in routine regulation for enterprises that meet requirements;

(5) Other reward measures provided for by the state or this province.

Article 33: Within the scope of their legally-prescribed authority, relevant state organs and organizations authorized by laws and regulations to have public affairs management duties may lawfully employ one or more of the following punishment measures against untrustworthy entities for relevant matters:

(1) List them as subjects for key review in carrying out administrative permitting:

(2) Give corresponding restrictions in public financing and project support based on the actual circumstances;

(3) Subtract credit points or reduce credit levels in exchanges of public resources;

(4) List them as key subjects for regulation in routine regulation;

(5) Meet with untrustworthy entities;

(6) Other punishment measures as indicated in laws, regulations, or relevant state provisions.

Relevant state organs and organizations authorized by laws or regulations to have public affairs management duties must not add punishment measures outside of those in laws, regulations, or relevant state provisions, or increase punishments above the standards provided by law.

Article 34: The following untrustworthy conduct is by credit subjects is 'serious untrustworthy conduct':

(1) Acts that seriously endanger the public's physical health, or security in their lives;

(2) Acts that seriously disrupt the order of fair market competition and normal social order;

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

(4) Refusals to perform defense obligations, or acts endangering national defense interests, or destroying national defense facilities;

(5) Other serious untrustworthy conduct as provided for in other laws, regulations, or state provisions.

Findings of serious untrustworthy conduct shall be made in accordance with the requirements, procedures, and standards of measures drafted and released by the state on the designation of serious untrustworthy conduct.

Article 35: Relevant state organs shall strictly follow the laws, regulations, and relevant state provisions to employ the following punishment measures against those entered onto the list of seriously untrustworthy credit subjects;

(1) Restrict or prohibit entry into relevant industries;

(2) restrictions of qualifications for taking relevant positions;

(3) Restrict enjoyment of financial funding and project support policies;

(4) Limiting participation in government purchasing, government investment program bidding, state-owned land bidding, auctions, or listings, or other public resource trading activities;

(5) Restrictions on high-spending;

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

Article 36: State organs and organizations authorized by laws and regulations to have public affairs management functions shall make determinations for and establish a list of seriously untrustworthy entities in accordance with the designation standards and procedures provided by state provisions. The designating department shall draft a designation document for those included in the list of seriously untrustworthy entities, indicating the reasons and basis for the designation, and warning of the disciplinary measures for untrustworthiness, as well as conditions and procedures for removal and remedial channels, and give notice of these to the untrustworthy entities being included in the list.

Credit subjects entered into the list of the seriously untrustworthy have the right to make statements and defenses.

Article 37: Management of the list for implementation of punishments for untrustworthiness. Lists are divided into the National Basic List of Punishment Measures for Untrustworthiness and the provincial supplemental list of punishment measures for untrustworthiness.

The reform and development department of the provincial people's government, in conjunction with relevant departments, is to draft and apply the supplemental list of punishment measures for untrustworthiness for this province, clearly laying out content such the specific matters, the targets of implementation, the means of implementation, the implementing entities, and the basis for implementation, and release it to the public after approval from the provincial people's government, and implement dynamic management.

Article 38: Where the seriously untrustworthy entity is a legal person or unincorporated organization, Public Credit Information providing units shall indicate the untrustworthy entity's legal representative or primary responsible person, actual controller, and other directly responsible persons when recording the information on their untrustworthiness. The relevant departments and units shall conduct punishment for untrustworthiness against the legal representatives or primary responsible persons, actual controllers, and other directly responsible persons in accordance with laws, administrative regulations, and relevant state provisions, and record the untrustworthy conduct in their personal credit records.

Article 39: State organs and organizations authorized by laws or regulations to have public affairs management duties shall establish and complete a credit pledge system and build credit-based oversight and management mechanisms.

The performance on written pledges made by market entities when handling administrative licensing matters under the credit pledge system shall be recorded in their credit records and used as an important basis for supervision and management during and after the matter.

Article 40: Based on Credit Subjects' credit status, market entities are encouraged to give beneficial facilitation, increased trade opportunities, and other reductions of transaction costs for trustworthy entities in economic activities; and to cancel benefits, increase guarantee deposits, and otherwise increase market transaction costs for untrustworthy entities.

Article 41: State organs and financial institutions are encouraged to develop credit products in areas such as credit lending and financing. Financial institutions and other market service bodies are encouraged to consider using credit information, credit assessments, and credit reports in business activities, to provide benefits and facilitation in areas such as credit financing, interest rates, methods for repaying debt to trustworthy entities; and to use risk pricing models to increase interest rates on loans and property insurance rates for untrustworthy entities in accordance with relevant state provisions or limit the provision of services such as loans, sponsorship, underwriting, or insurance to them.

Article 42: Industry associations and chambers of commerce are encouraged to establish membership credit records and carry out efforts on credit pledges, credit training, creditworthiness publicity, credit assessments, and so forth; and on the basis of their charter, employ reward measures for credit subjects with positive credit status such as key recommendations or increasing membership levels, and employ punishment measures for untrustworthy entities such as reducing their membership levels or canceling membership eligibility.

Chapter IV: Protection of Credit Subjects' Rights and Interests

Article 43: The provincial people's government's department for reform and development, together with relevant departments, shall establish and complete systems for the protection of credit subjects' rights and interests, improve mechanisms for handling objections to social credit, credit restoration, and accountability, and protect credit subjects' lawful rights and interests.

Article 44: Credit subjects enjoy the right to know regarding the collection, aggregation, and sharing of Social Credit Information related to them, as well the source of information indicated in their credit reports and the reason for any changes.

Article 45: Public Credit Information management bodies shall provide unlimited free inquir services to credit subjects. Credit subjects have the right to obtain free credit reports twice each year from establishments that collect and aggregate their Social Credit Information. The credit reports shall indicate circumstances such as the use and inquiries into Social Credit Information.

Where relevant services are provided to credit subjects, those services must not be tied to the collection of Social Credit Information, or coercing or indirectly coercing the credit subject to accept them.

Article 46: Where credit subjects find that there were circumstances such as errors or ommissions, or infringements of their lawful rights and interests in the collection, aggregation, disclosure, and use of Social Credit Information, they may make an objection application to the Public Credit Information management bodies, Public Credit Information providing units, or Market Credit Information providing units, and provide relevant supplementary materials.

After Public Credit Information management bodies, Public Credit Information providing units, or Market Credit Information providing units receive objection applications, they shall put up an objection label within one working day, and make a decision on whether to make a correction within 7 working days of receiving the application and notify the objecting applicant of the outcome of the handling; and where the decision is to not make corrections, the reasons shall be explained in writing.

Article 47: Where credit subjects proactively correct their untrustworthy conduct and eliminate negative impact, they may submit an application for credit restoration to the Public Credit Information management bodies or Public Credit Information providing units. The units receiving it shall address it in accordance with relevant state provisions, and promptly inform the applicant of the outcome.

After credit subjects complete credit restoration, the Public Credit Information management bodies and Public Credit Information providing units shall delete the corresponding information on untrustworthiness from relevant platforms and websites, and relevant state organs shall promptly remove them from the list of the seriously untrustworthy and list of targets of joint disciplinary action.

Where laws, regulations, or the state provide otherwise, enforcement is to follow those provisions.

Article 48: Where the basis for designating the credit subjects' untrustworthy status based on specific acts is lawfully revoked or determined invalid by relevant state organs, the unit originally providing the Social Credit Information shall withdraw it and promptly share updated information with the Social Credit Information aggregating units, and related units shall delete the information from databases within one day of receiving the updated information.

Chapter V: Development of the Credit Services Industry

Article 49: The people's governments at the county level or above shall include the regulated development of the credit services industry in planning for the establishment of the social credit system, formulate policy measures for the development of the credit service industry, support credit service establishments providing society with credit products and services, and cultivating and regulating the healthy and orderly development of the credit services industry.

Article 50: The development and reform departments of people's governments at the county level or above, in conjunction with relevant departments, are to strengthen oversight and management of credit service establishments, establish a credit pledge system for credit service establishments, and complete credit record mechanisms for credit service establishments and practitioners.

Article 51: Credit Service Establishments have an obligation to keep the confidentiality of state secrets, commercial secrets and personal privacy, and other personal information learned in the course of carrying out operations; must not endanger national security, public safety, and the public interest; and must not harm the lawful rights and interests of credit Subjects.

Credit service establishments must not accept business through methods such as false publicity or making pledges on ratings or appraisals, and must not maliciously rate or appraise credit subjects.

Article 52: Credit service establishments are encouraged to expand the application of Social Credit Information and the field of credit services, providing diverse and regular credit products and services to government departments, market entities, social organizations, and individuals. Relevant departments and units are encouraged to carry our cooperation with credit service establishments in the collection, aggregation, sharing, big data analysis, early risk alert, verification of examples of untrustworthiness, tracing untrustworthy conduct, and other areas.

Article 53: Introducing the participation of credit service establishments into the credit regulation of key industries is to be encouraged and supported, to provide social credit information inquiry and verification services in the establishment, recording, and qualification of entry for industry credit archives, and to provide industry credit status monitoring reports and industry credit analysis reports, and so forth.

During work such as on administrative approvals, government procurement, bidding in government-invested construction projects, financial supports, and project management, state organs may purchase credit services and products from credit service establishments, such as for social credit inquiries and social credit assessment. Market entities must not be made to bear the related costs.

Article 54: The credit service industry associations shall strengthen self-discipline and management, organizing the drafting of industry standards and technical specifications, drafting industry statistical reports, carrying out publicity and education activities, policy recommendations, and industry information publication, and increasing the capacity and credibility of industry services.

Chapter VI: The establishment of a social credit environment

Article 55: All levels of people's government shall strengthen the establishment of creditworthiness in government affairs, persisting in keeping one's word and increasing the level of creditworthiness in administration; and playing a role of leading by example and modeling in the establishment of a social credit system.

People's governments at the county level or above and their relevant departments shall establish and complete systems for the management of government affairs credit information, aggregating government affairs credit infomration, establishing government affairs creditworthiness records, and establishing and completing systems for the exercise, restraints, and oversight of authority.

Article 56: Information such as on state organs and public employees being the subject of judicial judgments, administrative punishments, discipline sanctions, or accountability handling for violations of laws, regulations, or contracts in the course of performing their duties, shall be entered into the government affairs creditworthiness record.

Government affairs creditworthiness records shall be an important basis for public employees' evaluations, hiring, rewards, and punishments.

Article 57: People's governments at the county level or above and their relevant departments shall strengthen the establishment of government creditworthiness in areas such as government procurement, private-public partnerships, and inducing investment, strictly fulfilling lawfully made policy pledges and all types of lawfully-concluded contracts, and where it is necessary to change policy pledges or contract agreements due to reasons such as the national interest or public interest, it shall be conducted in accordance with the legally-prescribed scope of authority and procedures, and the resulting losses caused to market entities are to be compensated.

All levels of people's government's and relevant departments' keeping of their word shall be entered into government affairs creditworthiness records.

Article 58: Higher-level people's governments shall periodically organize and carry out government integrity assessments of lower-level people's governments, and the evaluation results shall be an important consideration in comprehensive performance evaluations.

Article 59: Market entities shall creditworthy and honest, and strengthen their own establishment of social credit in production, operations, financial management, and labor management; and shall strengthen awareness of rule of law and the conception of contracts as binding, and improve the business credit environment.

Market entities are encouraged to proactively make public credit pledges to the public, and the credit pledges are to be entered into the market entities' credit records, and societal oversight is to be accepted.

Article 60: All levels of people's government shall promote a culture of creditworthiness, considering selections of models of morality and each industry's activities to establish creditworthiness, to set up exemplars of creditworthiness, and create a positive social environment of honesty and trustworthiness.

Article 61: Judicial organs shall raise the level of systematization, regulation, and rationality in judicial work; advancing judicial openness, a strictly just judiciary, and preserving social fairness and justice.

Article 62: Media such as radio, television, newspapers and periodicals, and the Internet shall spread knowledge of social credit, publicize advanced examples of honesty and trustworthiness, and promote a culture of creditworthiness through news reports, special columns, and public service advertisements.

Article 63: All levels of people's government and their relevant departments shall carry out education on social mores, professional ethics, family values, and personal character, and have credit publicity and popular education enter state organs, enterprises, schools, communities, villages, homes, and online activities, making the establishment of honesty and trustworthiness permeate the entire course of establishing citizen morality and a spiritual civilization.

The departments in charge of education for people's governments at the county level or above shall make honesty and trustworthiness an important part of student's personal caliber education.

Chapter VII: Legal Responsibility

Article 64: Where state organs, organizations authorized by laws or regulations to have public affairs management duties, people's organization, public service enterprises and public institutions, and their staffs violate the provisions of these Regulations, abuse their power, derelict their duty, or twist the law for persons gain during processes such as the recording and use of Social Credit Information, and the implementation of credit reward and punishment measures, sanctions are to be given to the directly responsible managers and other directly responsible persons in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 65: Where public credit information management bodies or credit services establishments, as well as other enterprises and public institutions, etc., violate the lawful rights and interests of credit subjects during the collection, aggregation, or use of social credit information, they shall bear civil liability in accordance with law.

Article 66: Where laws, administrative regulations, and state provisions are violated by illegally obtaining, stealing, providing, or selling personal Social Credit Information, constituting a violation of public security management, the public security organs are to give public security administrative sanctions in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 67: Where laws and administrative regulations already provide for the punishment of conduct in violation of these Regulations, enforcement is to be in accordance with those provisions.

Chapter VIII: Supplementary Provisions

Article 68: These Regulations are to take force on January 1, 2022.

 

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