Hubei Provincial People's Government Implementation Opinion for Strengthening the Establishment of the Personal Creditworthiness System

Source: http://www.creditchina.gov.cn/zhengcefagui/zhengcefagui/difangzhengcefagui1/201807/t20180718_120863.html

All city, prefecture, and county people's governments, and departments of provincial governments:

The following Implementation Opinions are hereby put forward with the approval of the provincial people's government, so as to implement the spirit of the "Guiding Opinion by the General Office of the State Council on Strengthening the Establishment of the Personal Creditworthiness System" (Guobanfa (2016) No. 98) , to comprehensively advance the establishment of our province's personal creditworthiness system, to commend creditworthiness and punish untrustworthiness, to raise the the whole society's awareness of creditworthiness and credit levels, and to create a positive credit environment.

I. General Requirements

Fully put in place the spirit of the 19th Party Congress thoroughly implement Xi Jinping's thought on Socialism with Chinese Characteristics for a New Era; follow the decisions and deployment of the Party Central Committee and State Council, as well as the Provincial Party Committee and provincial government's overall requirements for accellerating the establishment of a social credit system; persist in the principles of government taking the lead and building together with society, completing a legal system, regulated development and comprehensive advancement with breakthroughs in key areas, strengthening use of joint punishments and rewards; Complete mechanisms for rewarding individual trustworthiness and for joint disciplinary action against untrustworthiness that cross regions, departments, and fields, make it so that the trustworthy receive benefits and the untrustworthy face restrictions, letting creditworthiness become the value commonly pursued by the entire society and code of conduct, actively creating a positive social environment where "trustworthiness is honored and trustworthiness is shameful," so as to advance 'a spearhead with protections' and comprehensively establish a strong contemporary socialist province to provide credit understanding.

II. Strengthening education on personal creditworthiness and the establishment of a culture of creditworthiness

(1) Vigorously promote a culture of creditworthiness. Put the establishment of a culture of creditworthiness in an prominent position, using the cultivation and practice of the core socialist values as a base in vigorously spreading credit knowledge, making education on creditworthiness run through the entire course of citizen morality construction and the creation of spiritual culture. Establish classrooms of morality, carrying forward the traditional positive and kind, honest and trustworthy culture of the Chinese people, and modern market economics' spirit of contract, to form a social trend of revering and practicing creditworthiness. Each area should actively use community public schools, public interest cultural units, cultural service centers, and other such places, to use formates such as reading through examples, moral lectures, forums and speeches, and exhibitions to vigorously publicize good people in the area, Jinchu models, and models of morality, selecting and marketing all kinds of examples of creditworthiness, giving members of society rolemodels to study and goals to achieve, makng creditworthiness the conscious pursuit of all of society. Strengthen education on social morality, professional ethics, family virtues, and personal morality, building a social atmosphere where "the trustworthy are proud, the untrustworthy are ashamed, and those without credit are concerned. (Responsible Units: The Provincial Party Committee Publicity Department, Provincial Department of Culture, and city, state and county people's governments; Schedule: ongoing implemantion)

(2) Carry out widespread publicity on creditworthiness. Take Spring Festival, Labor Day, Youth Day, Dragon Boat Festival, Children's Day, National Day, International Consumer Rights Day, Online Credit Publicity Day, Quality Month, Production Safety Month, the National Day of Credit Concern, Credit Worthiness for Prosperity Publicity Month, National Constitution Day and National Legal Publicity Day, together with other important times and holidays and legal holidays, for concentrated publicity on credit policies and regulations, credit information, and typical cases. All regions should put forwards special columns and features on establishing 'creditworthiness' thoroughly publicizing and explaining the rich meaning of 'creditworthiness' and its basic requirements, spreading the concept of creditworthiness. Promote the creation of art works and public interest advertisements on creditworthiness that blend the traditional Chinese culture of creditworthiness with modern values, enriching the media for publicity on creditworthiness, increasing the frequency of publicity of creditworthiness, and raising the level of publicity on creditworthiness. Use the hosting of large-scale trade activities, commercial exhibitions, and so forth to expand the momentum for publicity. (Responsible Units: The Provincial Party Committee Publicity Department, Provincial Internet Information Office, Youth League Committee, the Provincial Education Department, the provincial Justice Department, Provincial Commerce Department, Provincial Department of Culture, the Provincial Bureau of Press and Publication, Radio, and Television; the Provincial Trade and Industry Bureau, the Provincial Food and Drug Administration, Provincial Work Safety Supervision Bureau, the Provincial Quality Supervision Bureau, the People's Bank branch in Wuhan; and city, state and county governments; Schedule: ongoing implementation)

(3) Actively market examples of creditworthiness. Give full play to the role of media in publicity and guiding public opinion, vigorously explore and publicize relevant departments and social organizations as examples of creditworthiness, such as moral models of credit worthiness and exceptional volunteers. Actively carry out activities publicizing and reporting on examples of advanced creditworthiness, giving play to the instructive function of advanced models. Do a good job of efforts to publicize models of morality, Jingchu models, and good people in the area, continuously publicizing moving deeds of old models, and promptly promoting the noble acts of new models. Organize all websites to carry out special topics on internet creditworthiness, regularly publicizing and promoting exemplars of creditworthiness, deeds of creditworthiness, to put forth a wave of high-quality online cultural projects, on the theme of creditworthiness, and strengthen using cases of online untrustworthiness as warning lessons. Support relevant departments and social organizations in recommending exemplars of creditworthiness and persons with no negative credit record to the public, and use the Provincial Social Credit Information Services Platform to promote cross-departmental and cross-field measures for the joint reward of trustworthiness. (LEAD UNITS: Provincial Party Committee Publicity Department, Provincial Internet Information Office, the Youth League Committee; RESPONSIBLE UNITS: Departments of provincial governments, and the people's governments of cities, states and counties ; SCHEDULE: ongoing implementation)

(4) Comprehensively strengthen creditworthiness education in schools. Have creditworthiness education permeate basic education, higher education, vocational and technical education, and adult education, entering every aspect of education, teaching, and management services, to build a system of creditworthiness education effectively linking across all levels of schools. List credit management as an emerging key discipline that is urgently needed for the reform of the economic system and the development of social governance, encourage institutions of higher education in developing courses related to social credit, and support institutions of higher education institutes that have the capacity in establishing majors in credit management. Promote schools strengthening social credit administration, establishing and completing archives on the creditworthiness of adult students 18 years old or older, promoting making students' personal creditworthiness an important measure in their advancement, graduation, assessments and recognitions, issuance of scholarships, evaluations, recommendations and other such situations. Untrustworthy acts such as cheating on tests, academic fraud, not performing on promises to return financial assistance loans, or fabricating employment materials, are to be met with education, and the relevant information entered into their personal credit archive in accordance with laws and regulations, and promptly sent to the Provincial Social Credit Information Services Platform. (RESPONSIBLE UNITS: Provincial Education Department; SCHEDULE: Ongoing implementation)

(5) Widely develop credit education and training. Earnestly implement professional training in credit management and professional assessment systems, cultivating a professional corps for credit management. Increase the extent of training for persons working in credit, and expand qualifications and training for the credit management profession, enriching knowledge of credit, and raising the level of credit management. Encourage all types of social organizations and enterprises to construct credit management and education systems, Organize the writing of texts on credit awareness, forcefully carry activities bring popular education and publicity on credit into state organs, enterprises, schools, communities, villages and households, to raise credit awareness among the masses. (RESPONSIBLE UNITS: The Provincial Human Resources and Social Department, the Provincial Development and Reform Commission, the Provincial Civil Affairs Department, and the people's governments of each city, state and county; SCHEDULE: Ongoing implementation)

III. Accelerating the establishment of personal creditworthiness records

(1) Promote the improvement of personal real-name registration systems. Use the provincial-level population information base to earnestly implement a uniform citizens' social credit code system based on the citizens' identification number system. Establish and improve credit records of individuals' economic social activities, and realize complete coverage of natural persons' credit records on a provincial scale. Promote efforts to register fingerprint information on resident identity cards, bringing about full coverage of citizens' uniform social credit numbers. Utilize information technology methods to continuously strengthen efforts to review personal identity information, ensuring uniqueness of personal identity distinguishing information. Advance the establishment of real-name registration systems using the healthcare, transportation, internet, mail and couriers, telecommunications, financial accounts, employment and social security, and other such areas as the focus, so as to accurately collect personal creditworthiness records and establish a foundation. (RESPONSIBLE UNITS: The Provincial Development and Reform Commission, the People's Bank branch in Wuhan, the Provincial Internet Information Office, the Provincial Commission on the Economy and Informatization, the Provincial Public Security Department, the Provincial Civil Affairs Department, the Provincial Human Resources and Social Security Department, the Provincial Department of Transportation, the Provincial Health and Family Planning Commission, Provincial Communications Administration, Provincial Postal Administration, Hubei Bank Supervision Bureau, Hubei Securities Supervision Bureau, and the Hubei Insurance Regulatory Bureau; SCHEDULE: Set up relevant systems in 2017 followed by ongoing implementation)

(2) Establish personal creditworthiness records in key fields. The relevant departments should accelerate the establishment and improvement of mechanisms for forming personal credit records , promptly summarize creditworthiness information formed by relevant personnel in relevant activities, to ensure that information is truthful and accurate, and bring about prompt and dynamic updates, and promptly sending these to the Provincial Social Credit Information Services Platform, with the focus on industries such as food and drugs, production safety, fire safety, traffic safety, environmental protection, biological security, product quality, tax collection, health care, labor security, engineering and construction, financial services, intellectual property rights, judicial proceedings, e-commerce, volunteer service, and statistical investigations; and the principal targets being the officials, legally-designated representatives and the relevant responsible persons for enterprises, lawyers, teachers, doctors, practicing pharmacists, appraisers, tax accountants, registered fire safety engineers, accountant audit personnel, real estate agents, certified personnel, financial professionals, and tour guides and other groups. The Basic Financial Credit Information Databases and personal credit reporting establishments should vigorously develop personal credit reporting information aggregation and services in key fields. Encourage industry associations, commercial associations and other industry organizations to establish and complete membership credit archives. （责任单位：省发展改革委、省网信办、团省委、省法院、省检察院、省教育厅、省公安厅、省民政厅、省司法厅、省财政厅、省人社厅、省环保厅、省住建厅、省交通运输厅、省商务厅、省卫生计生委、省旅游委、省地税局、省统计局、省工商局、省质监局、省安监局、省食品药品监管局、省知识产权局、省公务员局、省国税局、人行武汉分行、湖北银监局、湖北证监局、湖北保监局；时间进度：2017年建立相关领域重点人群信用信息记录机制，以后持续实施和完善）

IV. Improving the mechanisms for personal information security, privacy protection, and credit repair

(1) Protect the security of personal information. Each relevant local department should follow the "Regulations on Administration of the Credit Reporting Industry" (State Council Order No. 631) and the "Hubei Provincial Social Credit Information Management Regulations" to establish, complete, and strictly enforce systems of rules for safeguarding personal information security, clarifying the authority and procedures for inquiries and use of personal information, and completing database security and defense work, appropriately storing information collection and inquiry logs, establishing and improving systems for registration and review in use of personal information and credit information security emergency response mechanisms, to prevent information leaks. Strictly follow the relevant laws and regulations to increase the degree of oversight and management of bodies accessing the financial information basic database and credit reporting agencies, to ensure that personal credit reporting businesses are developed up to code, safeguard the lawful rights and interests of information entities, and ensure the security of state information. Establish a credit archive and rule-breakers' "black list" system for credit reporting establishments and relevant personnel. (LEAD UNITS: Provincial Development and Reform Commission, People's Bank branch in Wuhan; RESPONSIBLE UNITS: The departments of the provincial government and the people's governments of cities, prefectures and counties; SCHEDULE: ongoing implementation)

(2) Strengthen privacy protections. Personal credit information must not be collected, processed, or transmitted without authorization by laws or regulations, and personal credit information must not be illegally bought and sold, or provided or disclosed; expand the force of investigations and handling of conduct such as leaks, modification, destruction, sale, or unlawful provision to others of personal credit information. Implement key supervision and control of financial institutions, credit reporting establishments, internet enterprises, big data companies, and mobile application program development enterprises; regulating their collection, provision, use of personal information. Punish unlawful conduct such as violations of personal privacy in accordance with law. Strengthen the role of social supervision by exposing all kinds of conduct violating individuals' rights and interests through all kinds of media. （责任单位：省发展改革委、人行武汉分行、省网信办、省经信委、省法院、省检察院、省公安厅、省工商局；时间进度：持续实施）

(3) Establish mechanisms for restoring credit. Establish mechanisms for the correction and restoration of personal public credit information, draft operational implementation regulations for management systems such as handling objections and administrative reconsideration to safeguard individual's lawful rights and interests. Clarify the display period for all kinds of public credit information, and no longer display or use public credit information that has exceeded the time limit. Establish social incentive and care mechanisms conducive to self-correction and active self-renewal. Clear channels for the restoration of credit, enrich the methods for credit restoration, explore methods such as active performance of obligations, applications for extensions, and providing explanations, to reduce the harm from breaking trust, and methods such as on time performance of obligations, volunteer service, and charitable donations to restore credit. After credit is restored, the original credit information on untrustworthiness shall be promptly deleted and the record of restoration archived, and it will no longer be a target of joint disciplinary action. （牵头单位：省发展改革委、人行武汉分行、省信用信息中心；责任单位：省政府各部门，各市、州、县人民政府；时间进度：持续实施）

V. Standardizing the sharing and usage of personal creditworthiness information

(1) Promote sharing of personal public credit information. Each relevant department is to follow the unified national Individual Public Credit Information Directory and the categorical standards and regulations for sharing and exchange to forward individual Public Credit Information they collect to the Provincial Social Credit Information Services Platform. Rely on the Provincial Social Credit Information Services Platform to establish an individual Provincial Social Credit Information Services Platform database, and gradually establish interconnected, intercommunicating, and mutually checking mechanisms that cross regions, departments, and industries. （牵头单位：省发展改革委、人行武汉分行、省信用信息中心；责任单位：省政府各部门，各市、州、县人民政府；时间进度：2018年完成相关制度建设，以后持续实施）

(2) Actively develop personal public credit information services. All relevant local departments should follow the requirements of the "Hubei Provincial Social Credit Information Management Regulations" to promptly provide society with authorized public credit information inquiry services in accordance with laws and regulations. Explore management mechanisms based on connecting categorical management of Public Credit Information and creditworthiness credits, support areas with the capacity in in including personal Public Credit Information residents' creditworthiness credits, innovating credit information services, products, and methods. In accordance with the relevant provisions of state laws and regulations and industry regulatory departments, promote the establishment of relationships for sharing the personal Public Credit Information aggregated on the Provincial Social Credit Information Services Platform and Basic Financial Credit Information Databases, and provide services to personal credit reporting establishments. （牵头单位：省发展改革委、人行武汉分行、省信用信息中心；责任单位：省政府各部门，各市、州、县人民政府；时间进度：2018年完成相关制度建设，以后持续实施）

VI. Improve mechanisms for joint incentives for trustworthiness and joint disciplinary action for untrustworthiness.

(1) Implement joint incentives for creditworthiness. Establish good credit records for administrative counterparts with good credit circumstances, models of creditworthiness and moralilty, and exceptional volunteers that are identified through relevant departments and social organizations' implementation of categorical credit management; creditworthy members recommended by industry associations and chambers of commerce; as well as and creditworthy entities uncovered by news media; be put up as exemplars of creditworthiness and so forth. Each county and each relevant department should create measures for incentivizing trustworthiness and give key support and preferential treatment to individuals with positive credit in the province in fields such as education, employment, starting businesses, and social security, and, in the course of handling administrative permits, based on the lists of authority and responsibilities and actual conditions, each administrative approval department may employ facilitation service measures such as priority handling, key support, "green channels" and "permissive acceptance" [acceptance despite defects in materials] for individuals with good credit records and administrative counterparts who have not had any negative credit information recorded for three consecutive years. Guide credit appraisal institutions to strengthen the collection of individuals' positive information on creditworthiness, giving the trustworthy increased incentives such as added points. Encourage social establishments to lawfully use credit reporting products, and give preferential treatment and facilitation to individuals with good credit records, making it so that the trustworthy obtain greater opportunities and benefits in the marketplace. （牵头单位：省发展改革委、人行武汉分行、省委宣传部、团省委、省教育厅、省民政厅、省人社厅；责任单位：省政府各部门，各市、州、县人民政府；时间进度：持续实施）

(2) Carry out joint disciplinary action for individuals in key industries with serious untrustworthy conduct. The relevant provincial industry regulatory departments should establish and improve the 'blacklist' systems for individuals with seriously untrustworthy conduct, regulating the production and issuance of blacklists in each field, and establishing and completing mechanisms for removal. Employ joint disciplinary action measures in accordance with laws and regulations against personal acts of untrustworthiness such as those that seriously endanger the public's safety in their health and lives, those that seriously undermine the order of fair market competition and social justice, refusals to perform legally prescribed obligations seriously influencing judicial and administrative organs credibility, as well as refusals to perform national defense obligations. List seriously untrustworthy individuals such as those who give or accept bribes, maliciously owe back wages, do pyramid sales, maliciously evade debt, illegally fundraise, do telecommunications and online fraud, have traffic violations, or do not pay taxes in accordance with law, as key targets for supervision, employing administrative constraint and punishment measures in accordance with laws and regulations. At the same time that joint disciplinary action is conducted against untrustworthy enterprises and public institutions, corresponding joint disciplinary action should be taken against the relevant responsible persons, in accordance with laws, regulations, and policies, and make joint disciplinary action reach down to the individual. In accordance with national laws, regulations, and the relevant provisions of industry regulatory departments, encourage making individual's records of serious untrustworthiness in market activities produced by financial credit information basic databases and personal credit reporting establishments, delivered to the Provincial Social Credit Information Services Platform and made a consideration in carrying out punitive measures. （牵头单位：省发展改革委、人行武汉分行、省网信办、省编办、省法院、省公安厅、省财政厅、省人社厅、省交通运输厅、省地税局、省国税局、省通信管理局、湖北银监局、湖北证监局、湖北保监局；责任单位：省政府各部门，各市、州、县人民政府；时间进度：持续实施）

(3) Promote the formation of market and social constraints and punishments. All areas and all relevant departments should establish and complete systems for disclosure, exposure, and reporting of individual's serious untrustworthy acts, relying on the government portal website, to lawfully publicly disclose information on serious untrustworthiness by individuals known by all levels of people's government, and announce it on the "Credit Hubei" website, fully putting into play the function of overseeing societal public opinion, forming a powerful social deterrent. Encourage market entities to provide differentiated services to seriously untrustworthy individuals. Financial institutions are encouraged to use risk pricing models to increase interest rates on loans and property insurance rates for untrustworthy entities, or limit the provision of services such as loans or insurance to them. Suport credit reporting establishments in collecting information on seriously untrustworthy conduct, including it in credit records and reports, and sending it to the Provincial Social Credit Information Services Platform. （责任单位：省政府各部门，各市、州、县人民政府；时间进度：持续实施）

VII. Strengthening safeguard measures

(1) Strengthen the establishment of organizational and coordination mechanisms. All areas and departments should do overall planning and deployment for implementation of efforts to construct an personal creditworthiness system. Each level of social credit leading group should coordinate the resolution of major problems in the establishment of the personal creditworthiness system, and research, confirm, and promote each measure in the establishment of a personal creditworthiness system. Establish mechanisms for advancing workplace evaluations, and periodically urging, guiding, and reviewing the efforts to construct an individual creditworthiness system in that area or industry. （责任单位：省政府各部门，各市、州、县人民政府；时间进度：持续实施）

(2) Strengthen the establishment of credit systems. Based on the national credit laws and regulations and the "Hubei Provincial Regulations on the Management of Social Credit Information", gradually establish and improve the regulation of the personal creditworthiness system, strengthening protections of personal information security and personal privacy, vigorously preserving entity rights and lawful rights and interests of personal information, improve systems for regulating all phases in for personal public credit information, such as for its recording, aggregating, processing, and application; creating a positive legal environment for the establishment of an personal creditworthiness system. （责任单位：省发展改革委、人行武汉分行、省政府法制办；时间进度：持续实施）

(3) Expand the extent of monetary support. All areas and all relevant departments should strengthen financial safeguards for the establishment of social credit system, and actively provide financial support for the organization efforts on the construction of an personal creditworthiness system. Expand the extent of financial support on all sides such as for establishment of personal public credit information databases, application of information, publicity and education, and cultivation of talent. （责任单位：省财政厅、省发展改革委，各市、州、县人民政府；时间进度：持续实施）

(4) Strengthen the implementation of responsibility. All areas and all departments should pay high attention, detail the divisions of labor, independently implement, summarize actual work conditions, and realistically and effectively carry out the work related to the establishment of the personal creditworthiness system, ensuring each persons' responsibility, work, and implementation. The Provincial Development and Reform Commission, together with relevant departments, is responsible for the general coordination, tracking and investigating, urging and inspecting, to ensure that all works for this implementation Opinion are steadily and orderly carried out. （牵头单位：省发展改革委；责任单位：省政府各部门，各市、州、县人民政府；时间进度：持续实施）

December 30, 2017