Henan Province Social Credit Regulations

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(Adopted at the 13th meeting of the Standing Committee of the 13th Henan Provincial People's Congress on November 29, 2019)

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of relevant laws and administrative regulations, and in consideration of actual conditions in this province, so as to strengthen societal awareness of creditworthiness, ensure credit subjects' lawful rights and interests, advance the establishment of the social credit system, strengthen social credit regulation, create a positive business environment, and increase the entire society's level of credit.

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

Where laws and administrative regulations provide otherwise, those provisions control.

Article 3: “Social Credit” as used in these Regulations refers to the state of natural persons', legal persons' and organizations other than legal persons' (' Credit Subjects') 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 the status of Credit Subjects‘’ compliance with law and performance on agreements.

Article 4: The establishment of social credit shall adhere to the principles of government promotion, joint building with society, overall planning and coordination, information sharing, and combining incentives and punishments.

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

Article 5: People's governments at the county level or above shall include the establishment of a social credit system in the citizen's economic and social development plan, compiling plans and implementation methods for the establishment of the social credit system. making overall plans for efforts on the advancement of the social credit system in that administrative reason, coordinating the resolution of major issues in the establishment of a social credit system, and including the establishment of the social credit system in government target responsibility evaluation systems.

In conjunction with the supervision commissions, people's courts, people's procuratorates, and other relevant units, people's governments at the county level or above shall establish a joint conference system to resolve major issues in the establishment of the social credit system.

Article 6: 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 social credit.

Other departments of people's governments at the county level or above are to complete efforts on the establishment of social credit in accordance with their respective duties.

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

The provincial and subordinate municipal credit information management service 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.

Article 8: All levels of state organs shall strengthen the establishment of creditworthiness. State organs and their staffs shall perform their duties in accordance with law, comply with the law in performing on contracts, and play an exemplary role in the construction of social credit.

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

The public shall be trustworthy and self-disciplined, enhance awareness of creditworthiness and actively participate in c education and credit supervision activities.

Article 9: Media such as radio, television, periodicals, and the internet shall strengthen publicity on creditworthiness to create a positive societal environment of creditworthiness.

Chapter II: The Aggregation and Organization of Credit Information.

Article 10: Social Credit Information includes Public Credit Information and Market Credit Information.

Public Credit Information refers to objective data and materials that may be used to identify Credit Subjects' credit status which is produced or acquired by State Organs, organizations authorized by laws or regulations to have public affairs management functions, or mass organizations (Public Credit Information Providing Units) in the performance of their duties or provision of services.

Market Credit Information refers to objective data and materials that may be used to identify Credit Subjects' credit status, which is acquired by market credit service establishments such as credit service establishments, financial institutions, industry associations, chambers of commerce, and other enterprises and public institutions in the course of their production and business activities or in the provision of services.

Measures for the aggregation and reporting of Public Credit Information and Market Credit Information are to be drafted by the provincial people's government.

Article 11: Cataloged management is implemented for Public Credit Information. The catalog of Public Credit Information is to be organized and drafted by the provincial department in charge of social credit in conjunction with Public Credit Information providing units, on the basis of the relevant State provisions and standards, and released to the public after approval from the provincial people's government.

Where inclusion of items in the Public Credit Information catalog would reduce Credit Subjects' rights or increase their obligations, they shall organize expert assessments, and open it to the public for solicitation of comments.

The Public Credit Information shall include the elements such as data codes, data names, data templates, the providing unit, entity type, information character, sharing properties, covered scope, date updated, and the information items.

Article 12: Public Credit Information Providing Units shall record credit subjects' Public Credit Information in accordance with the Public Credit Information catalogs. The content of the Public Credit Information catalog is to primarily include:

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

(2) information that reflects the credit subjects' credit status in administrative acts such as administrative permits, administrative punishments, administrative compulsion, administration verification, administrative expropriation, administrative payments, administrative rulings, administrative compensation, administrative awards, and administrative inspections;

(3) Information produced or acquired by organizations authorized by laws and regulations to have public affairs management functions and people's organizations in the performance of public management duties;

(4) Information on the acceptance of commendations and rewards, as well as participation in public interest or volunteer services;

(5) Information on crimes held to be established in an effective judgments;

(6) Information on refusals to perform on effective legal documents such as judgments or mediation documents;

(7) Other information that laws, regulations, or state provisions provide shall be recorded.

Article 13: Public Credit Information Providing Units shall follow the Public Credit Information Catalogs to promptly and accurately aggregate the Public Credit Information in that industry, field, or administrative region, and report it to the credit information sharing platform at the same level.

The provinces' municipal 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.

Information on administrative punishments given to natural persons applying the simplified procedures and information on punishments for minor illegal conduct by natural persons where they have pro-actively eliminated or reduced the consequences, that was not reported to the credit information sharing platform at that level, must not be used as the basis for joint disciplinary action. Except as otherwise specified by laws and administrative regulations.

Article 14: Catalog management is to be implemented for Market Credit Information.

The provincial department in charge of social credit shall draft basis principles, standards, and specifications for Market Credit Information catalogs.

Market Credit Information providing units shall sort and compile Market Credit Information catalogs in accordance with the standards and specifications, and report them for filing with the provincial departments in charge of social credit.

Article 15: Market Credit Information Providing Units shall lawfully record and collect Market Credit Information in accordance with the Market Credit Information catalogs.

Credit subjects are encouraged to provide their own Market Credit Information to the provincial and subordinate municipal credit information sharing platforms, and Market Credit Information providing units, such as declarations, voluntary registration and filings, and social pledges, and guarantee the lawfulness, veracity, accuracy, and completeness of the information.

Article 16: 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 17: 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 subordinate municipal credit information sharing platforms shall complete data verification of Social Credit Information they receive within 5 working days. Where requirements are not met, the providing unit is to be notified to provide it again.

Chapter III: Disclosure and Inquiries into Credit Information

Article 18: Social Credit Information is to be released through means such as public display, government affairs sharing, and authorized inquiries.

Social Credit Information that laws, regulations, or rules provide shall be openly published is to be disclosed through public display.

Social credit information shared or used by State Organs, organizations authorized by laws or regulations to have public affairs management functions, or people's organizations in the lawful performance of their duties is to be disclosed through government affairs sharing.

Social Credit Information that may be inquired into with authorization from the credit subject or that is used for agreed-upon purposes is to be disclosed through authorized inquiries.

Article 19: Information on credit subjects' trustworthiness may be displayed long-term.

The period for disclosure of information on credit subject's untrustworthiness is to be implemented in accordance with relevant provisions, but must not exceed 5 years at the longest, and is to be archived for storage where the disclosure period is exceeded.

Where credit subjects are entered into lists of targets for joint disciplinary action for untrustworthiness, and they have not been removed from the list when the disclosure period for the information on untrustworthiness is completed, the period for disclosure is to be extended until their removal from the list.

Where laws and regulations have separate provisions on the period of disclosure for Social Credit Information, follow those provisions.

Article 20: The following are to be information on credit subjects' untrustworthiness:

(1) Information on obtaining administrative permits, administrative payments, administrative rewards, or administrative compensation through improper tactics;

(2)Information on administrative punishments for which an administrative reconsideration or administrative lawsuit was not raised in the legally-prescribed time period, or which were ultimately sustained through administrative reconsideration or administrative litigation;

(3) Information on crimes held to be established in an effective judgments;

(4) Information on being administratively compelled in enforcement in accordance with law;

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

(6) Other information on untrustworthiness that is lawfully identified as a violation of laws or regulations.

Article 21: The Provincial department in charge of Social Credit Information hall draft and publish specifications for the release and inquiries into Social Credit Information; and provide convenient inquiry services to the public through websites, mobile terminals, service portals, and other channels;

Article 22: As required for the performance of their duties, people's governments at the county level or above and relevant departments may share Social Credit Information in accordance with law.

Market Credit Information providing units may share Social Credit Information based on agreements concluded with relevant units. The credit subjects' written authorization shall be obtained for the sharing of Social Credit Information that is not public.

Article 23: The provincial people's government shall strengthen organizations and coordination, promoting cooperation and openness between the provincial credit information sharing platform and the Basic Financial Credit Information Databases, and bring about interconnections and sharing between the provincial online government affairs platform, the National Enterprise Credit Information Publicity System (Henan), and other important provincial application systems.

Article 24: 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 25: All levels of state organ, and enterprises, public institutions, and organizations must not carry out the following acts:

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

(2) 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 acts prohibited by laws or regulations.

Chapter IV: Incentives for Trustworthiness and Punishments for Untrustworthiness

Article 26: People's governments at the county level or above shall establish mechanisms that cross fields and regions for joint incentives for trustworthiness and joint disciplinary action for untrustworthiness, strengthen hierarchical and categorical credit regulation, and create a creditworthy social environment, in conjunction with the supervision organs, adjudication organs, and procuratorate organs of the same level.

Article 27: In conjunction with the supervision commissions, people's courts, and people's procuratorates at that level, the provincial people's governments are to draft standards for the determination of targets for joint incentives for trustworthiness and joint disciplinary action for untrustworthiness as needed for performing duties such as social governance, market regulation, and public services; and after soliciting public comments the provincial people's procuratorate is to publish and implement them.

Information on owed public utility fees, such as for water, electricity, gas, heat, communications, cable television, or internet, and property management fees, that have not been verified in accordance with law must not be the basis for carrying out joint disciplinary action.

Where the state has provided standards for designating targets of joint incentives for trustworthiness and joint disciplinary action for untrustworthiness, follow those provisions.

Article 28: State organs at the county level or above, organizations authorized by laws or regulations to have public affairs management functions, and mass organizations may designate targets of joint incentives for trustworthiness and joint disciplinary action for untrustworthiness in accordance with the designation standards.

Planned entries into the list of targets for join incentives for trustworthiness shall be publicly displayed. Where there are not objections after display, they are to be designated as targets for joint incentives for trustworthiness, but where there are objections, the designating unit or organization is to verify and address them.

A written notification procedure shall be implemented for planned entries into the list of targets for joint disciplinary action for untrustworthiness. The content of the notification is to include the basis and reason for the entry, the punishment measures, and rights to make objections. Where there are objections, the designating unit or organization is to verify and address them.

Where credit subjects still have objections to the outcome of the verification and handling by the designating organ or organization, they may apply for a reconsideration to the provincial department in charge of social credit.

Article 29: In conjunction with the relevant departments, the provincial department in charge of social credit shall follow laws, regulations, and relevant State provisions to compile lists of incentive and punishment measures, clarifying specific joint reward and discipline matters, the subject of the implementation, the implementing entity, the basis for implementation, and other such content, and disclose this to the public.

Article 30: The state organs are to employ the following incentive measures within the scope of their legally-prescribed authority for credit subjects entered in the list of targets for joint incentives for trustworthiness:

(1) Facilitated services shall be given in implementing administrative permits, such as priority handling or simplified procedures;

(2) Where other requirements are equal, they shall be made priority choices for public financing and project support;

(3) Give credit points and credit level promotions in exchanges of public resources;

(4) Reduce the frequency of inspections in routine regulation where requirements are met;

(5) Giving support and facilitation in public services such as education, employment, entrepreneurship, and social security;

(6) Granting honorary titles in accordance with the relevant State and provincial provisions;

(7) Prioritizing recommendations for award selections;

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

Article 31: Where state organs implement credit penalty measures against credit subjects in accordance with the law, they shall correspond to the facts, character, circumstances, and extent of social harm of the credit subjects' violations of law or contract.

Article 32: State organs may employ the following punishment measures against credit subjects that violate legally-prescribed and contractual obligations, regarding relevant matters within the scope of their authority:

(1) List them as subjects for key review in carrying out administrative permitting, and don't apply simplified procedures such as information and assurances;

(2) Making corresponding restrictions in policy supports such as government funding;

(3) Restrict enjoyment of related facilitation measures in administrative management and public services;

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

(5) list them as key management targets in routine management, and increase the frequency of monitoring and strengthen on-site inspections in accordance with relevant provisions;

(6) restrict participation in government-organized commendation and award activities;

(7) Other punishment measures provided for by the state or this province.

Article 33: The following conduct by credit subjects is 'serious untrustworthy conduct':

(1) Acts that seriously endanger the public's physical health, or security in their lives and property. Including serious untrustworthy conduct in areas such as food and drug safety, ecology and the environment, construction safety, production safety, fire safety, transport, and compulsory product certifications.

(2) Acts that seriously disrupt the order of fair market competition and normal social order. Including bribery, tax evasion, tax refusal, malicious evasion of debts, insider trading, foreign exchange evasion and fraud, malicious delay of salaries, contract fraud, intentional violation of intellectual property rights, illegal fundraising, organized MLM, serious disruptions of cyberspace transmissions, serious disturbance of social public order, and obstructing social governance.

(3) Conduct that seriously violates consumers' or investors' lawful rights and interests. Including serious conduct such as the production or sale of fake or shoddy goods, false advertising that seriously misleads or intices consumers, serious harms to consumers' right to know, and violations of security, futures, or other investors' lawful rights and interests.

(4) Conduct that seriously goes against creditworthiness in education or research. Including serious untrustworthy conduct such as cheating on national education tests, evaluations for selection of state employees, national professional qualifications testing, and so forth; copying or plagiarising others' research or academic achievements; faking or altering research data and conclusions; acting deceptively to obtain science and technology plan project and funding as well as rewards or honors.

(5) Refusals to perform on effective legal documents, and being entered by a people's court into the Judgment Defaulters List.

(6) Refusal to perform national defense obligations, such as refusing or avoiding military service, refusing or delaying the expropriation of civil-use resources or impeding the modification of expropriated civil-use resources, endangering national defense interests or destroying national defense facilities.

(7) Slandering or undermining the reputation or credibility of others through the internet, periodicals, letters, or other means, and causing serious consequences.

(8) Market entities not fulfilling credit pledges that they made publicly, causing serious consequences.

(9) Faking credentials to obtain administrative permits, administrative awards, administrative payments, or social security by forging official documents, identification, or seals to provide false credentials.

(10) Other serious untrustworthy conduct as provided for in other laws or administrative regulations.

The conduct in the preceding paragraph may be the basis for entry into the list of targets for joint disciplinary action for untrustworthiness.

Article 34: In addition to the punishment measures provided for in article 32, state organs shall also employ the following punishment measures against credit subjects entered into the list of targets for joint disciplinary action for untrustworthiness:

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

(2) Implementing measures to exclude or expel them from markets or industries;

(3) Limiting participation in infrastructure and public utility operations activities;

(4) Restricting high-spending;

(5) Restrict carrying out relevant financial operations;

(6) restrict qualifications for taking relevant positions;

(7) Restricting enjoyment of related public services or policy supports and funding policies;

(8) revoking relevant honorific titles;

(9) Other punishment measures provided for by the state or this province.

Article 35: Where the credit subject entered in the list of targets for joint disciplinary action for untrustworthiness is a legal person or non-legal person organization, when recording the information on the subject's serious untrustworthiness, the legal representatives, principal responsible persons, actual controllers, and other persons directly responsible for the seriously untrustworthy acts shall be indicated. Relevant departments may lawfully take joint disciplinary action for untrustworthiness against the unit's legal representatives, principle responsible persons, actual controllers, and other directly responsible persons.

Article 36: The provincial and subordinate municipal credit information sharing platforms shall make information on targets of joint incentives for trustworthiness and joint disciplinary action for untrustworthiness public.

Market entities are encouraged to use Social Credit Information and credit assessment results in economic and business activities to give beneficial facilitation, increased trade opportunities, and other reductions of transaction costs to targets of joint incentives for trustworthiness; and to cancel benefits, increase guarantee deposits, and otherwise increase market transaction costs for targets of joint disciplinary action for untrustworthiness.

Article 37: The effective period for the list of targets of joint incentives for trustworthiness is to be determined by the designating organ or organization in consideration of the credit subjects' creditworthiness and trustworthiness.

The effective period for the list of targets of joint disciplinary action for untrustworthiness and the methods of credit restoration are to be determined by the designating organ or organization in consideration of the credit subjects' violations and untrustworthiness.

After credit subjects are removed from the list of targets for joint disciplinary action for untrustworthiness, the designating organ or organization shall promptly announce the removal through the channels through which their entry was published, and the relevant departments shall stop implementing the joint disciplinary action.

Chapter V: Safeguards for Credit Subjects' Rights and Interests

Article 38: The provincial department in charge of social credit, together with relevant departments, shall establish and complete systems for protecting credit subjects' rights and interests, and establish mechanisms for the pursuit of responsibility, handling objections, and credit restoration.

Article 39: The Provincial Social Credit Information service establishment and credit information providing units shall establish and complete systems management of Social Credit Information security and emergency responses, shall employ secure confidentiality measures, set up authority for operating information systems and make operations traceable, safeguard the security of the entire process of aggregation, inquiries, disclosure and use of Social Credit Information.

The Provincial and subordinate municipal Social Credit Information sharing platform shall meet the requirements of the state's cybersecurity and cybersecurity level protections, ensuring the regular operations of the Social Credit Information system and the security of credit information.

Article 40: Credit Subjects have the right to know about conditions such as the collection and use of their Social Credit Information, as well as the sources of information contained in their credit reports, and the reasons for any changes.

Credit subjects have the right to make free inquiries into their own Social Credit Information, to obtain two free credit reports on themselves annually from institutions that aggregate and collect their Social Credit Information. Circumstances such as the use of and inquiries into Credit Information shall be indicated in provided credit reports. Except as otherwise specified by laws and administrative regulations.

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.

The provincial and subordinate municipal credit information sharing platforms shall provide free inquiry services to credit subjects into their own Social Credit Information.

Article 41: Where credit subjects find the credit information sharing platforms and Social Credit Information providing units have 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 and provide relevant supplementary materials.

After the credit information sharing platforms receive objections, they shall make an objection indicator and where it is within the scope to be handled by that unit, shall complete handling and send the results to the person making the objection within 3 business days of having received it; and if it is necessary to verify information with the social credit information providing units, they shall complete the verify, investigation, and handling within 7 working days from the date on which they receive the objection, and notify the objector of the results. The unit receiving the verification notice shall complete handling it within 3 work days, and synchronize the verified information record to the credit information sharing platform.

Where the handling of objections requires inspections, testing, quarantine, evaluations, or expert review, the time required to conduct them is not to be included in the time limits for processing objection applications.

Article 42: Where the basis for designating the credit subjects' untrustworthy status based on specific acts is revoked 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 revoke the information within one day of receiving the updated information.

Article 43: Where credit subjects proactively correct untrustworthy conduct and eliminate its negative impacts during the disclosure period for that information on untrustworthiness, they may submit an application for credit restoration to the Credit Information sharing platform or to the Public Credit Information providing unit that made the designation of untrustworthy conduct. Where eligible for credit restoration, the unit operating and managing the Credit Information sharing platform or the Public Credit Information providing unit shall restore credit within 1 working day. Where the law provides otherwise, follow those provisions.

Article 44: Where the display period for Social Credit Information is complete and it has not been transferred for archiving, the credit subjects have the right to request it be transferred for archiving.

Article 45: 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 administrative regulations apply.

Market Credit Information providing units must not collect information such as on natural persons' religious faith, genetics, fingerprints, blood type, illness, or medical history; and must not collect information such as on natural persons' income, savings, negotiable securities, commercial insurance, real estate, and tax amounts, except where credit subjects are clearly informed of the negative consequences that providing that information might cause and obtaining their written consent.

Article 46: Credit subjects' private personal information that is unrelated to the national and societal public interest must not be recorded, collected, aggregated, disclosed, or used by any unit or individual; and where it is necessary to obtain the personal credit information of others, it shall be obtained in accordance with law or agreements, and information security shall be ensured.

Chapter VI: Regulating the Development of the Credit Industry

Article 47: The people's governments at the county level or above shall draft plans and policies related to the development of the credit services industry, cultivating and regulating the healthy and orderly development of the credit services industry.

Article 48: The provincial departments in charge of social credit are to conduct registration of credit service establishments, establish a credit pledge system for credit service establishments and a credit assessment system for credit service establishments and their staff, and implement hierarchical and categorical management.

Where credit investigation operations are involved, they shall comply with relevant laws and regulations on the management of the credit investigations.

Article 49: "Credit service establishments" refers to professional service bodies that are lawfully established, provide credit products and services to the public, and engage in credit rating, credit consultation and management, credit risk control, and related business activities.

Article 50: Credit Service Establishments' collection and aggregation of Social Credit Information, and provision of credit products, shall follow the principles of objectivity, fairness, and prudence; and accept oversight and management in accordance with laws and regulations.

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 operations; must not prejudice national security, public safety, and the public interest; and must not harm the lawful rights and interests of credit subjects.

Article 51: Credit service establishments are encouraged and supported in using big data and other technologies to launch credit products for which they possess the intellectual property rights, expanding the credit applications a services field, providing diverse and regular credit products and services to government departments, market entities, social organizations, and individuals.

Chapter VII: The establishment of a social credit environment

Article 52: All levels of state organs shall establish systems for the control and oversight of the exercise of power, strengthen the establishment of their own credit and education on creditworthiness for that unit's staff, and establish a system of credit archives for employees of state institutions.

Article 53: People's governments at the county level or above shall strengthen credit regulation, innovating credit regulatory mechanisms, increasing capacity for regulation, and establish and complete new forms of credit-based regulatory mechanisms.

Article 54: All levels of people's government shall establish mechanisms for creditworthiness guidance, and higher level people's governments shall conduct annual oversight inspections on government creditworthiness in lower people's governments and carry out evaluations of government creditworthiness, with the evaluation outcomes serving as an important consideration in the comprehensive appraisal of lower level people's governments.

Article 55: All levels of Supervision Organ disclose information of supervision efforts in accordance with law, strengthen the oversight of the Supervision personnel's performance of their duties and compliance with the law, and accept legal, democratic, and public oversight.

Article 56: All levels of adjudication organ and procuratorate organ shall complete oversight and restraint mechanisms, to advance judicial openness and a judiciary that is strictly just, increase judicial credibility, and maintain social fairness and justice.

Article 57: All administrative regulatory departments for industry, industry associations, and chambers of commerce shall strengthen the establishment of industry credit, establishing industry credit records and developing credit levels and categories, credit assessments, credit risk alerts, and early warning monitoring.

Credit reporting, rating, and assessment establishments, law firms, accounting firms, auditing firms, real estate brokers, and other intermediary service bodies shall establish credit archives for persons in the field, carry out education on credit worthiness, and promote the establishment of societal creditworthiness.

Article 58: Market entities may make public credit pledges to the public, and voluntarily accept restraints and punishments for violating the pledges. Credit pledges and the performance on them are to be included in market entities' credit records and receive social oversight, and when handling administrative permitting matters that apply the credit pledge system, they shall be a basis for ongoing and ex-post regulation.

Article 59: County (municipal, district) and township people's governments shall strengthen the basic-level credit establishment in city districts, villages, and so forth, establishing systems such as for recording, collecting, aggregating, reporting, and making inquiries into Social Credit Information.

Article 60: The provincial departments in charge of social credit shall organize relevant departments to draft measures for the comprehensive assessment of public credit, and publish and implement them after approval by the provincial people's government. Where the state has already drafted measures for the comprehensive assessment of public credit, follow those provisions.

Article 61: People's governments at or above the county level, and their relevant departments, shall use Social Credit Information during administrative management work in areas such as administrative licensing, administrative inspections, administrative punishment, administrative rulings, administrative compulsion, qualification reviews, government procurement, tendering bids, public resource transactions, transfer of state-owned land-use rights, project approvals, government Capital arrangements, investment solicitation, labor, and employment.

Article 62: All levels of people's government and their relevant departments, and people's organizations and relevant units shall use Social Credit Information in activities for the establishment of a spiritual civilization, aware selections, selection of moral models, and the establishment of creditworthiness in all industries, to set up examples of credit worthiness, and carry forward the Core Socialist Values.

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

Article 63: People's governments at the county level or above shall draft development plans for education creditworthiness education on creditworthiness, and develop education on social morals, professional ethics, family values, and individual morals.

The education departments of people's governments at the county level or above, schools, and other educational establishments are to strengthen education on creditworthiness together with ideological and political education.

Chapter VIII: Legal Responsibility

Article 64: Where laws and administrative regulations already provide for the punishment of conduct in violation of these Regulations, follow those provisions.

Article 65: Where the provisions of these Regulations are violated by State organs or organizations authorized by laws or regulations to have public affairs management duties, mass organizations, and their staffs with any of the following conduct, the competent departments prescribed by law are responsible for making corrections; where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law, and where a crime is constituted, criminal responsibility is pursued in accordance with law:

(1) failure to draft a Public Credit Information catalog in accordance with provisions;

(2) Failure to perform duties to record, aggregate, share, and disclose Social Credit Information;

(3) Failure to perform necessary inquiries into Social Credit Information or use credit reports;

(4) Altering, fabricating, disclosure, theft, sale, or purchase, of Social Credit Information;

(5) Failing to perform duties of handling objections, withdrawing information on untrustworthiness, and credit restoration;

(6) Failure to implement joint incentives for trustworthiness and joint disciplinary action measures for untrustworthiness;

(7) Failure to establish Social Credit Information security management systems; and failure to perform duties to ensure information security;

(8) Not performing notice obligations in accordance with provisions;

(9) Other acts of not performing duties in accordance with the provisions of these Regulations.

Where the provisions in the preceding paragraph are violated by the relevant departments not giving sanctions, the departments in charge of social credit are to alert the supervision organ to give governmental sanctions in accordance with law.

Article 66: Where state organs and organizations authorized by laws or regulations to have public affairs management functions and their staff abuse their authority or fail to follow the legally-prescribed procedures in making designations for the list of targets for joint disciplinary action for untrustworthiness, entering credit subjects into the list who should not be added, they shall immediately remove them from the list, and where they have caused reputational harm to the credit subjects, they shall make formal apologies, eliminate the impact, and restore the reputation; where property losses are caused, responsibility for compensation is to be borne in accordance with law; and the directly responsible managers and other directly responsible personnel are to be given sanctions, or where a crime is constituted, pursue criminal responsibility in accordance with law.

Article 67: In any of the following situations where credit service establishments, financial institutions, industry associations, chambers of commerce, or other enterprises and public institutions, and their staffs, violate these Regulations, a department in charge of Social Credit at the county level or above, or the department prescribed in laws or administrative regulations, is to order corrections be made within a certain period, confiscate unlawful gains, fine units between 50,000 and 100,000 RMB, and where the circumstances are serious fine them between 100,000 and 300,000 RMB; and fine individuals between 10,000 and 30,000 RMB, and where circumstances are serious fine them between 30,000 and 100,000 RMB and where a crime is constituted, criminal responsibility is to be pursued in accordance with law:

(1) illegally collecting or aggregating Social Credit Information;

(2) illegally obtaining or selling Social Credit Information;

(3) Altering, fabricating, or disclosing of Social Credit Information;

(4) failing to follow provisions to conduct verifications and handle information that is objected to;

(5) Making inquiries into information such as personal privacy or commercial secrets without approvals or authorization;

(6) Refusing or obstructing inspections or investigations by the departments in charge of social credit, or not truthfully providing relevant documents or materials;

(7) Other conduct violating credit subjects' lawful rights and interests.

Article 68: Where credit subjects go against credit pledges to obtain administrative permits, the administrative permitting organs are to give fines of between 1,000,000 and 2,000,000 RMB.

Where credit subjects go against credit pledges to obtain illegal benefits, a department in charge of social credit at the county level or above is to confiscate the illegal benefits and give a fine of between 3 and 5 times their value; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 69: Where the lawful rights and interests of credit subjects are harmed during the recording, collection, aggregation, sharing, disclosure, querying, and use of Social Credit Information, civil liability shall be borne in accordance with law.

Chapter IX: Supplementary Provisions

Article 70: These Regulations are to take effect on May 1, 2020.

 

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