Jiangsu Province Social Credit Regulations

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(Adopted at the 24th meeting of the Standing Committee of the 13th Jiangsu Provincial People's Congress on July 29, 2021)

Table of Contents

Chapter I: General Provisions

Chapter II: Establishment of a Social Credit System

Chapter III: Determination of Credit Statuses

Chapter IV: Credit information Management

Chapter V: Rewards for Trustworthiness and Restraints for Untrustworthiness

Chapter VI: Development of the Credit Services Industry

Chapter VII: Protection of Credit Subjects' Rights and Interests

Chapter VIII: Legal Responsibility

Chapter IX: Supplementary Provisions

Chapter I: General Provisions

Article 1: These regulations are drafted on the basis of relevant laws and administrative regulations, and in consideration of the actual conditions in this province, so as to strengthen the management of social credit, regulate social credit services, complete the social credit system, and enhance the modernization of the governance system and capacity.

Article 2: These Regulations apply to the establishment of the social credit system, determination of credit statuses, credit management and services, credit incentives and restrictions, as well as protection of credit subjects' rights and interests in the administrative regions of this province.

Where laws and administrative regulations have other provisions on credit reporting, the display of enterprise information, and so forth, 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' (hereinafter collectively called 'credit subjects') compliance with legally-prescribed obligations and performance of contractual obligations in social and economic activities.

Article 4: "Credit Information" as used in these Regulations, refers to objective data and materials that can be used to identify, analyze, and asses Credit Subjects' credit statuses, and includes Public Credit Information and Market Credit Information.

Public Credit Information refers to 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 functions, and mass organizations (collectively "Public Credit Information providing units) during the performance of legally-prescribed duties or provision of public services and includes basic information, information on untrustworthiness, and other information.

Market Credit Information refers to credit information produced or obtained during business or industry discipline management by Market Credit Information collecting units such as credit service establishments, industry associations and chambers of commerce, and other enterprises and public institutions carrying out credit management of parties.to transactions.

Article 5: The establishment of the social credit system shall follow the principles of being promoted by the government with joint societal participation, compliance with laws and regulations, protecting rights and interests, fairness and openness, and combining incentives and punishments.

Article 6: People's governments at the county level or above shall strengthen leadership of efforts on the advancement of the social credit system, include the establishment of a social credit system in the citizen's economic and social development plan, strengthen safeguards for institutions, personnel, and funding, and establish and complete for coordination and advancement.

People's governments at the county level or above are to establish a leading group on the establishment of the social credit system, responsible for planning efforts on the establishment of a social credit system and researching and looking into major matters in the establishment of the social credit system. A comprehensive social credit management body determined by the people's governments at the county level or above is to take on the routine work of the leadership group.

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

Article 7: The establishment of the social credit system shall emphasize giving play to the functions of industry associations and chambers of commerce as well as other social organizations, encouraging and guiding social forces' participation in credit management, services, and oversight.

Article 8: Units and individuals with outstanding contributions in the establishment of the social credit system are to be given commendations and awards in accordance with relevant state and provincial provisions.

Chapter II: Establishment of a Social Credit System

Article 9: This province is to establish and complete a social credit system, strengthening the establishment of creditworthiness in areas such as government affairs, commercial affairs, society, and judicial credibility.

Article 10: All levels of people's government, relevant departments, and staff shall perform their duties in accordance with law, govern in accordance with law, enhance transparency in decision-making, increase government credibility, and play an exemplary role in the construction of the social credit system.

All levels of people's government and relevant departments shall perform on policy pledges made to market entities in accordance with law, and all types of lawfully concluded contracts; and they must not breach contracts on the grounds of an adjustment of administrative divisions, change of government, adjustment of institutions or functions, or replacement of relevant responsible persons Where it is necessary to change policy pledges or contracts and agreements for the national interest or societal public interest, it shall be done in accordance with legally-prescribed authority and procedures, and the market entities suffering losses as a result are to be compensated in accordance with law.

The province is to establish mechanisms for pursuing responsibility for government untrustworthiness. Where any level of people's government or relevant departments have conduct in violation of laws or contract in the performance of duties, and are pursued for responsibility in accordance with law, the relevant information shall be included in records of untrustworthiness in government affairs.

The province is to establish governance and assessment systems for monitoring creditworthiness in government affairs, to prevent and resolve risks of government untrustworthiness, and increase the level of creditworthiness in government affairs.

Article 11: Market entities shall increase their awareness of rule of law and the spirit of contract, comply with laws, regulations, and industry rules, perform contracts in a creditworthy manner, and compete fairly.

Market entities are encouraged to establish and complete internal systems for credit management, increasing capacity for credit management, preventing credit risks, and participating in demonstration activities on the building of credit management.

People's governments at the county level or above and their relevant departments shall establish and complete credit management systems for the entire lifecycle of market entities, strengthening credit management and services in fields such as production safety, product quality, circulation of goods, finance, taxation, construction projects, transport, e-commerce, intermediary services, and extracurricular training.

Article 12: Members of the public shall follow the principle of creditworthiness, practice the Core Socialist Values, comply with laws and regulations, uphold honesty and keep promises.

Members of the public shall establish an awareness of creditworthiness, pay attention to their own credit status, and preserve their own good credit.

People's governments at the county level or above and their relevant departments shall strengthen the establishment of social creditworthiness, promoting innovations in credit management in social governance, and enhancing credit management and services in areas such as labor protections, social safeguards, education and research, medical care, culture and travel, the environment, and internet application services.

People's governments at the county level or above and their relevant departments shall strengthen the establishment of professional credit for key populations, spreading the use of professional credit reports, and leading the establishment of professional ethics and conduct regulation.

Article 13: Judicial organs shall perform their duties in accordance with law, practicing strictly practicing equity, promoting judicial transparency, increasing the level at which the judicial work is scientific, institutionalized, and regulated, maintaining fairness and justice, and enhancing the credibility of the judiciary.

Article 14: The comprehensive social credit management departments shall promote the establishment of credit monitoring and early warning mechanisms in industries, fields, and regions, to prevent and resolve credit risks.

Article 15: People's governments at the county level or above shall strengthen creditworthiness education, and develop education on social morals, professional ethics, family virtues, and individual morals.

Departments such as for education, human resources and social security, civil service management, and comprehensive social credit management, as well as schools and relevant professional training establishments, shall include creditworthiness education and credit knowledge in the content of teaching and training.

Schools of higher learning that have the capacity are encouraged to set up majors in credit management or open related courses.

Article 16: People's governments at the county level or above and their relevant departments shall strengthen publicity on the culture of creditworthiness.

Radio, television, newspapers, internet, and other media shall carry out public interest publicity on the esablishment of the social credit system and the protection of credit subjects' rights and interests, spread credit knowledge, increase public awareness of credit, and conduct public opinion oversight on conduct infringing the lawful rights and interests of credit subjects.

Article 17: Support the buidling of demonstration areas and industries for the establishment of social credit, and encourage the establishment of creditworthy villages and townships (neighborhoods) ,and communities.

Article 18: The provincial people's government and its comprehensive social credit management department shall promote the establishment of unified credit for the Yangtze river delta area, carrying out cooperation on credit management and services across administrative regions in key areas and government services such as environmental protection, production safety, food and drug safety, product quality, transport, culture and tourism, and construction projects; promoting the sharing of credit information and joint credit regulation.

Article 19: The comprehensive social credit management departments are specifically responsible for guiding, coordinating, and overseeing the establishment of the social credit system in that area, and are to perform the following duties in accordance with law:

(1) Proposing plans for the establishment of the social credit system;

(2) Organizing the formulation of social credit management systems, standards, and specifications;

(3) Guiding and coordinating relevant departments, and industries to carry out credit establishment and promote the implementation of credit management by enterprises and public institutions;

(4) Advancing the establishment of the Public Credit Information system, promoting the aggregation, sharing, and application of credit information;

(5) Fostering the development of the credit services industry, and carrying out oversight and regulation of the credit services industry;

(6) Organizing and coordinating publicity on creditworthiness, credit education, credit management, and training for service personnel;

(7) Other duties on the management of credit as provided for by laws, regulations, or rules.

Article 20: State organs, and organizations authorized by laws or regulations to have public affairs management functions, that have social credit management duties (hereinafter collectively industry or sector credit management departments) shall strengthen credit management in the corresponding industry or field, and perform the following duties in accordance with law:

(1) Formulate credit management systems for the industries and fields;

(2) Record, aggregate, share, and disclose Public Credit Information;

(3) Determine credit stauses;

(4) Implement hierarchical and categorical management of credit subjects;

(5) Carry out rewards for trustworthiness and punishments for untrustworthiness;

(6) Address objections and credit restoration;

(7) Other duties on the management of credit as provided for by laws, regulations, or rules.

Article 21: Under the leadership or guidance of the comprehensive social credit management departments, Public Credit Information work bodies are specifically responsible for work such as the establishment, operation, and management of the Public Credit Information system, and carrying out aggregation, sharing, and application services for Public Credit Information, and relevant management efforts in accordance with the province's uniform specifications for establishing the Public Credit Information system.

Article 22: The industry and field credit management departments shall establish new forms of credit-based regulation mechanisms that permeate market entities' entire life cycle and connect ex ante, ex post, and ongoing regulation, to increase the capacity and level of regulation.

Article 23: The industry and field credit management departments shall promote the credit pledge system in administrative management and public services. Credit pledges are to implement a list management system, and the pledges made by credit subjects and performance on them is to be recorded in credit records.

Article 24: As needed for the performance of their duties, state organs, organizations authorized by laws or regulations to have public affairs management functions, and people's organizations are to apply credit information in accordance with law.

Industry associations, chambers of commerce, and market entities are encouraged to use credit information in industry self-discipline, production, and business activities.

Chapter III: Determination of Credit Statuses

Article 25: Information that reflects credit subjects' legal compliance and creditworthiness, such as the receipt of commendations or awards from state organs, organizations authorized by laws and regulations to have public affairs management functions, or people's organizations, or the receipt of honorary titles, is to be recorded in credit records in accordance relevant state and provincial provisions.

Article 26: Based on the principles of legality, objectivity, prudence, and relevance, the industry or field credit management departments shall make determinations of whether a credit subject has untrustworthy conduct, on the basis of relevant laws, regulations, and state documents and through comparison with the Public Credit Information Directory. After a designation as untrustworthy conduct, it shall be recorded as information on untrustworthiness.

The untrustworthy conduct of minors over 16 years old that was brought on by force majeure, as well as slight untrustworthy conduct with minimal consequences that is promptly corrected, shall be leniently and cautiously designated and recorded.

Article 27: Designations of untrustworthy conduct must have one of the following legally effective documents as their basis.

(1) Effective ruling or judgment documents, or arbitration documents;

(2) Administrative acts and decision documents such as for administrative punishments, administrative compulsion, or administrative rulings;

(3) Other relevant documents that laws, regulations, or the state provide may be the basis for a finding of untrustworthy conduct.

Article 28: The designation of untrustworthy conduct shall be conducted in accordance with the standards provided.

For untrustworthy conduct provided for in laws, administrative regulations, and relevant state documents, where the state has standards for the designations, implementation is to be in accordance with those standards; Where the state does not have designation standards, the province's relevant industry and field credit management departments may draft designation standards in conjunction with the provincial comprehensive social credit management department. For untrustworthy conduct designated by local regulations, the provincial or districted cities' industry and field credit management departments are to draft designation standards in conjunction with the comprehensive social credit management department.

The drafting of designation standards shall be based on laws, regulations, and relevant state documents, as well as the Public Credit Information catalog, and is to be released to the public. The drafting organs shall conduct assessments of the enforcement of designation standards and dynamically adjust them.

Article 29: The implementation of the list system for seriously untrustworthy entities shall be based on laws, regulations, and relevant state documents.

List systems for seriously untrustworthy entities provided for by local regulations shall be limited to the fields provided for in relevant state documents, and limited to the following scopes:

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

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

(3) Refusals to perform on legally prescribed obligations while having the ability to perform, evading performance of legally-prescribed obligations, seriously impacting the credibility of administrative organs;

Article 30: Designation standards for lists of seriously untrustworthy entities are to enforce laws, administrative regulations, or relevant state provisions. The list systems for seriously untrustworthy entities provided for in local regulations shall concurrently provide list designation standards.

Article 31: Before industry and field credit management departments make decisions on listing credit subjects as seriously untrustworthy entities, they shall inform parties of the matter and basis on which a decision is being made, and alert them of the punishment measures for untrustworthiness, and the rights that the parties enjoy in accordance with law; and where the parties submit objections, they shall review and verify it and respond within the set period of time.

Decision documents shall be drafted by the industry or field credit management departments in entering credit subjects onto lists of the seriously untrustworthy, indicating the reasons and basis for the party's entry to the list, a warning of the punishment measures for untrustworthiness, the requirements and procedures for removal, as well as remedial measures and the like, and they are to be lawfully served on the parties.

Article 32: Where legal persons and unincorporated organizations are entered onto the list of seriously untrustworthy entities, the industry or field credit management departments shall make a simultaneous note in the credit records of the responsible legal representatives, principle responsible persons, actual controllers, and other directly responsible persons.

Article 33: The comprehensive social credit management departments may carry out comprehensive assessments of market entities' public credit on the basis of relevant provisions. The industry and field credit management departments may establish assessment mechanisms for the corresponding industry or field, to carry out industry credit assessments of regulatory subjects.

The methods and standards for industry credit assessments are to be implemented in accordance with those relevant state provisions; and where the state does not have any provisions, the province's industry and field credit management departments may draft them in conjunction with the provincial comprehensive social credit management department, and release them to the public. In drafting industry credit assessment methods and standards, the comments of credit subjects, industry associations, chambers of commerce, expert scholars, and others in the relevant industry or field shall be solicited.

The outcomes of comprehensive public credit assessments and industry credit assessments are to be the basis for carrying out hierarchical and categorical management, and may be provided as a reference for use by financial institutions, industry associations, and chambers of commerce.

Chapter IV: Credit information Management

Article 34: Public Credit Information work bodies shall establish credit archives for credit subjects using natural persons' citizen identification numbers and legal persons' or unincorporated uniform social credit code as indexes.

Where natural persons do not have citizen identification numbers, other effective identification document numbers are to be used as indexes.

Article 35: A cataloged management system is to be implemented for Public Credit Information. Public Credit Information catalogs include the National Basic Catalog of Public Credit Information and local supplemental catalogs of Public Credit Information.

In conjunction with industry and field credit management departments, the provincial and districted cities' comprehensive social credit management departments may compile supplemental local Public Credit Information catalogs to be applied in the corresponding area on the basis of the province's or city's local regulations, and release them to the public after review by the leading group on the establishment of the social credit system. Whether Public Credit Information is publicly disclosed and shared, as well as the scope of sharing and the period for display and retention shall be indicated int he catalogs.

The comments of local regions and all relevant departments and market entities, industry associations, chambers of commerce, expert scholars, and the public shall be solicited in the compilation of local supplemental catalogs of Public Credit Information.

Article 36: The information on untrustworthiness included in local supplemental catalogs of Public Credit Information shall be restricted to the scope below:

(1) Information reflecting credit subjects' violations and untrustworthiness in administrative actions such as administrative punishments, administrative compulsion, and administrative rulings;

(2) Information on making false pledges or not performing on pledges in credit pledges;

(3) Information on false and misleading conduct such as providing false materials, concealing the truth, or making false reports;

(4) Information on violations of specifications on creditworthy practice, causing a negative impact;

(5) Information on the refusal to perform obligations set forth in effective legal documents;

(6) Information on other untrustworthy conduct as provided by local regulations.

Article 37: Units providing Public Credit Information shall follow promptly, accurately, and completely provide information to the Public Credit Information system in accordance with the Public Credit Information catalog.

Credit subjects may provide or supplement credit information to the Public Credit Information working bodies in forms such as statements, self-declarations, pledges, or agreements, and are responsible for the veracity of the credit information.

The provincial people's government is to draft provisions on the management of Public Credit Information.

Article 38: The Public Credit Information system is the uniform medium for aggregating and sharing Public Credit Information. The provincial Public Credit Information system shall interconnect with the national credit information sharing platform.

Local people's governments at the county level or above shall avoid duplicative aggregation of credit information by promoting information sharing and exchanges between the Public Credit Information system and the government affairs data sharing and exchange platform, the unified government affairs services platform, the unified regulatory platform, and other such systems and platforms.

Article 39: Public Credit Information working bodies are to disclose Public Credit Information through methods such as lawful public disclosure, government affairs sharing, inquiries made based on authority, inquiries made with real name verified inquiries, and authorized inquiries.

"Lawful public disclosure" refers to the display of Public Credit Information to the public in accordance with laws, regulations, and the Public Credit Information catalog; "government affairs sharing" refers to the provision of Public Credit Information to relevant state organs, organizations authorized by laws or regulations to have public affairs management functions, or people's organizations in accordance with the scope of sharing determined in the Public Credit Information catalog; "inquiries made based on authority" refers to inquiries into credit subjects' Public Credit Information made by state organs, organizations authorized by laws or regulations to have public affairs management functions, or people's organizations on the basis of their authority; real-name verified inquiries refers to credit subjects’ inquiries into their own credit information after having their real-name verified; and "authorized inquiries" refers to inquiries into credit subjects' Public Credit Information made on the basis of their authorization.

Public Credit Information working bodies shall establish and improve systems for the registration and management of information queries, indicating the authority and procedures for information queries, and storing records of information queries.

The provincial Public Credit Information working body shall display credit information through the "Credit Jiangsu" website, and provide inquiry services to the public.

The Public Credit Information working bodies shall draft and publish service specifications and optimize service methods, to provide convenient Public Credit Information inquiries, report issuance, and other services.

Article 40: The Public Credit Information acquired by state organs, organizations authorized by laws or regulations to have public affairs management functions, and people's organizations sharing government affairs or making inquiries on the basis of their authority must not be used outside the scope of performing duties and must not be publicly disclosed without authorization.

Natural persons' personal information that is disclosed in accordance with law shall be processed to remove sensitivity and have security protection measures employed. Except as otherwise provided by laws, administrative regulations, or judicial interpretations.

Article 41: The display of Public Credit Information and its retention period are to be implemented in accordance with state provisions.

The Public Credit Information working bodies and industry or field credit management departments shall Public Credit Information stop the display of information on untrustworthiness when the display period is complete; when the retention period is complete, the Public Credit Information work bodies must not continue to provide services such as sharing or inquiries into it.

Article 42: Credit Service Establishments are to collect credit subjects' Market Credit Information in accordance with agreements made with them. Iindustry associations and chambers of commerce are to record members' credit information and establish member credit archives in accordance with their charters. Enterprises and public institutions' implementation of credit management for transaction and service counterparts is to be in accordance with agreements made with transaction and service counterparts, to lawfully recording credit information produced during their own business or provision of services

The collection of Market Credit Information shall comply with the principles of legality, propriety, and necessity.

Article 43: The industry and field credit management departments, Public Credit Information working bodies, and Market Credit Information collecting units shall strengthen security defenses and management of credit information systems, establish and complete security management systems, implement multi-level protections for information systems, and safeguard the security of credit information storage.

Chapter V: Rewards for Trustworthiness and Restraints for Untrustworthiness

Article 44: Within the scope of their legally-prescribed authority, state organs and organizations authorized by laws or regulations to have duties for the management of public affairs, may grant the following incentives to credit subjects with good credit statuses:

(1) Grant related facilitation measures in administrative management and public services;

(2) Reasonably reduce inspection rates and reduce inspection frequencies in routine oversight and management and special inspections;

(3) Where other requirements are equal, make them priority choices or give key supports in the implementation of government benefit policies such as government-funded assistance and entrepreneurial supports;

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

(5) Reducing guarantee deposits when participating in government bidding or private-public partnership construction projects;

(6) Other incentive measures.

The implementation of incentive measures for the trustworthy shall comply with the principles of legality, openness, and fairness. The implementation of a list management system for incentive measures is encouraged.

Article 45: Punishment measures for untrustworthiness are to be implemented in accordance with the lists of punishment measures for untrustworthiness. Lists of punishments for untrustworthiness include the National Basic List of Punishment Measures for Untrustworthiness and local supplemental lists of punishment measures for untrustworthiness.

In conjunction with industry and field credit management departments, the provincial and districted cities' comprehensive social credit management departments may compile supplemental local lists of punishment measures for untrustworthiness to be applied in the corresponding area on the basis of the province's or city's local regulations, listing content on punishments such as their specific matters, targets, implementation methods, implementing entities, and the basis for implementation, and release them to the public after review by the leading group on the establishment of the social credit system.

The comments of local regions and all relevant departments and market entities, industry associations, chambers of commerce, expert scholars, and the public shall be solicited in the compilation of local supplemental lists of punishment measures.

Districted cities that draft supplemental lists of punishments for untrustworthiness shall report for filing to the provincial comprehensive social credit management department.

Article 46: The punishment measures set in local supplemental lists of punishment measures shall be limited to the following scope:

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

(2) list them as key subjects for oversight and management in routine oversight and management and in special inspections, and increase the number of and frequency of spot inspections, strengthening on-site inspections;

(3) Make relevant restrictions in the implementation of government benefit policies such as government-funded assistance and entrepreneurial supports;

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

(5) Restrict participation in government bidding or private-public partnership construction projects, or increase the proportion of the guarantee deposit;

(6) Make corresponding restrictions in evaluation for commendations;

(7) Cancel government-funded assistance and program supports;

(8) revoking relevant honorific titles;

(9) Other punishment measures for untrustworthiness provided for in the province or city's local regulations.

Article 47: The implementation of punishment measures for untrustworthiness shall comply with the principles of legality, fairness, relevance, and proportionality, and be based in relevant state documents and the list of punishments, it is to be related to the situation of the untrustworthiness and correspond to the untrustworthy conduct's nature, field, circumstances, and extent of social harm.

It is prohibited to add punishment measures beyond those provided by laws, regulations, and relevant state documents, or to increase the severity of punishments. It is prohibited to carry out punishments for untrustworthiness against persons other than the credit subjects.

Article 48: The provincial comprehensive social credit management department shall promote the establishment of mechanisms for the punishment of credit subjects entered into the list of seriously untrustworthy entities, relying on the provincial Public Credit Information system to promote credit information sharing, ensure that units participating in punishments for untrustworthiness promptly obtain information such as the list of seriously untrustworthy entities, and gradually bring about automatic comparisons and interception.

Article 49: Market entities are encouraged to employ measures for credit subjects with good credit status such as giving preferential facilitation, increasing transaction opportunities, and reducing transaction costs; and to employ measures against credit subjects with negative credit statuses, such as eliminating preferential facilitation, reducing transaction opportunities, and increasing transaction costs.

On the basis of their charters, industry associations and chambers of commerce are encouraged to employ measures for members with good credit statuses such as key recommendations, commendations and awards, and increasing assessment levels; and take measures against members with negative credit statuses such as warnings, admonitions, circulating criticism, lowering assessment levels, and canceling membership credentials.

Chapter VI: Development of the Credit Services Industry

Article 50: Local people's governments at the county level or above shall foster and develop a modernized credit services industry, drafting development plans and policies for the credit services industry, to promote the healthy and orderly development of the credit services industry.

Article 51: Local people's governments at the county level or above shall promote the orderly opening of Public Credit Information to market entities, establishing credit management mechanisms suited to the development of the digital economy, platform economy, and inclusive finance, guiding market entities to make credit an element in market resource allocation, expanding credit transaction models, and developing the credit economy.

State organs and organizations authorized by laws and regulations to have public affairs management functions shall strengthen cooperation on credit information with credit service establishments, industry associations and chambers of commerce, as well as other organizations, to promote the integrated application of Public Credit Information and Market Credit Information in areas such as commerce, finance, and the people's lives.

Article 52: credit service establishments are encouraged to proactively provide registration information and operations development information, etc. with the comprehensive social credit management departments.

The registration and operations development information provided by credit service establishments is to be released to the public by the provincial comprehensive social credit management department.

Article 53: Credit service establishments are to be encouraged and supported in the launch of credit products for which they possess the intellectual property rights, expanding the field of credit services, and providing diverse and regular credit products and services.

Article 54: Credit service establishments' use and processing of credit information and provision of credit products shall follow the principles of legality, objectivity, equity, and prudence, complying with the state and province's specifications for the credit service industry, and must not make false assessments of credit subjects' credit statuses.

Credit Service Establishments have an obligation to keep the confidentiality of state secrets, commercial secrets and personal privacy, learned of 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.

Article 55: State organs, organizations authorized by laws or regulations to have public affairs management functions, market entities, and other social organizations are encouraged to use the credit products and services provided by credit service establishments.

The comprehensive social credit management department and other relevant regulatory departments shall strengthen regulation and management of credit reports issued by credit service establishments, and promote the mutual recognition of credit reports from different regions and across industries.

Article 56: In conjunction with relevant departments, the comprehensive social credit management departments shall organize and carry out training on credit management and vocational skills testing, strengthening training and education for credit service personnel and credit managers.

Article 57: The credit service industry organizations are encouraged to strengthen self-discipline and management, promoting the drafting of standards, technical specifications, and management specifications related to credit services, and compiling and publishing reports on the development of the industry.

Article 58: The comprehensive social credit management departments, in conjunction with the industry and field credit management departments shall establish a credit pledge system for credit service establishments, and complete credit record mechanisms for credit service establishments and practitioners.

Article 59: The comprehensive social credit management department and other relevant regulatory departments may employ the following oversight and management measures for credit service establishments:

(1) Enter relevant premises of units being investigated to conduct inspections;

(2) Question units and individuals being investigated and other interested persons;

(3) Require units and individuals under investigation to provide supporting materials, data, and technical support, or other materials related to the conduct being investigated;

(4) Inquiring into or reproducing accounting vouchers, account books, account statements, agreements, electronic data, audio-visual materials, and so forth that are related to the behavior under investigation;

(5) Other measures provided by laws and regulations.

Chapter VII: Protection of Credit Subjects' Rights and Interests

Article 60: The comprehensive social credit management department, industry and field credit management departments, Public Credit Information working bodies, and credit service establishments, industry associations, chambers of commerce, and so forth shall establish and complete systems for the protection of credit subjects' rights and interests, improve systems for handling objections to social credit, credit restoration, complaints and reports, and accountability, and protect credit subjects' lawful rights and interests.

Article 61: Public Credit Information working bodies, Public Credit Information providing units, and Market Credit Information collecting units, handling credit information shall comply with laws, administrative regulations, and agreements with credit subjects, and must must not carry out the following conduct:

(1) illegally buying, selling, or stealing credit information, or obtaining credit information through tactics such as fraud, enticement, or coercion;

(2) Using natural persons' credit information that was acquired without authorization, through compelled authorization, or through a single lifetime authorization;

(3) Fabricating, altering, or improperly deleting credit information;

(4) Illegally providing, disclosing, or using credit information;

(5) leaking state secrets, commercial secrets, or personal private information learned of in the course of operations.

Article 62: When collecting natural persons' credit information, information must not be collected on natural persons' religious faith, genetics, fingerprints, blood type, illnesses or medical history is prohibited, as well as other personal information which laws and administrative regulations prohibit the collection of.

Absent written personal consent, information on natural persons' income, savings, negotiable securities, commercial insurance, and real estate; as well as information on taxes paid, must not be collected; except for that which state organs and organizations authorized by laws and regulations to have public affairs management functions may collect in accordance with law.

Information such as on natural persons' real estate and tax payments that is lawfully collected by state organs and organizations authorized by laws and regulations to have public affairs management functions and aggregated on the Public Credit Information system can only be supplied to the credit subject themselves and entities that have obtained their authorization.

Article 63: Credit subjects have the right to know of the collection, aggregation, sharing, and relevant use or assessment of their own Social Credit Information them, and have the right to know of the source of information indicated in their credit reports and the reason for any changes.

The comprehensive social credit management departments, industry and field credit management departments, Public Credit Information providing units, Public Credit Information working bodies, and Market Credit Information collecting units shall employ measures such as providing inquiry services to ensure credit subjects' right to know.

Article 64: Where Credit Subjects find that Public Credit Information contains errors, omissions or violations of commercial secrets, personal privacy or other lawful rights and interests, they may the right to submit a written objection application to the Public Credit Information providing units or Public Credit Information working bodies and explain the reasons. The Public Credit Information providing units and Public Credit Information working bodies shall verify it within the time provided. Where Public Credit Information contains errors, omissions or violations of commercial secrets, personal privacy or other lawful rights and interests, it shall be promptly corrected or deleted. The relevant credit information shall be labeled during the handling of objections, but disclosure and use are not impacted.

Where credit subjects feel that comprehensive public credit assessments and industry credit assessments are improper, they have the right to submit objections and request that corrections or other necessary measures be taken. The relevant units shall conduct a review in the time provided and where it is verified through inspection shall promptly take the necessary measures.

Where credit subjects feel that their credit information collected by Market Credit Information collecting units contain errors or ommissions, that credit appraisals are improper, or that commercial secrets, personal privacy, or other lawful rights and interests were violated, they have the right to submit objections and request that corrections, deletion, or other necessary measures be taken. The Market Credit Information collecting units shall promptly review it, and where it is verified through inspection shall promptly take the necessary measures.

Credit subjects who raise objections shall promptly be given feedback on the acceptance and handling of the objection.

Article 65: Where legally effective documents that impact credit subjects' credit status are revoked, modified, or declared void; the original credit information providing unit shall notify the Public Credit Information working bodies within five working days of the revocation, modification, or declaration of invalidity, and the Public Credit Information working bodies shall revoke or modify the corresponding credit information within two working days.

Article 66: Where credit subjects proactively perform obligations, correct untrustworthy conduct, and eliminate negative impact, they can apply for credit restoration in accordance with provisions.

Where are eligible under provisions on credit restoration, the units designating untrustworthy conduct shall make a decision for credit restoration. After credit restoration, the display and sharing of information on untrustworthiness is to stop, or labeling or redactions are to be conducted in accordance with provisions.

In conjunction with the provincial comprehensive social credit management department, the relevant provincial state organs shall draft specific measures on credit restoration for the corresponding industry or field based on the state specifications for credit restoration, and release them to the public.

Market Credit Information collecting units are encouraged to establish and complete mechanisms for Market Credit Information restoration, and carry out credit restoration activities in consideration of industry characteristics and management conditions.

Article 67: Where the display of information on untrustworthiness is stopped for reasons such as the display period being completed or credit restoration, the credit service establishments that collected or used that credit information shall stop using that credit information and promptly delete the information on untrustworthiness from platforms providing services externally.

Chapter VIII: Legal Responsibility

Article 68: Where the laws or administrative regulations already provide for the legal responsibility for violations of the provisions of these Regulations, follow those provisions.

Article 69: Where these regulations are violated by Public Credit Information working bodies or Public Credit Information providing units with any of the following conduct, the higher-level regulatory department or comprehensive social credit management department is to order corrections in accordance with their authority; the responsible leaders and directly responsible personnel are to be given sanctions, and where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

(1) Using natural persons' credit information that was acquired without authorization, through compelled authorization, or through a single lifetime authorization;

(2) Fabrication, alteration, or improper deletion of Public Credit Information;

(3) Illegally providing, disclosing, or using Public Credit Information;

(4) leaking state secrets, commercial secrets, or personal private information learned of in the course of operations.

(5) failing to revoke or modify information on untrustworthiness, or to handle objections, in accordance with provisions;

(6) Other conduct abusing professional powers, dereliction of duties, improper conduct for personal gain, or soliciting bribes.

Where state organs, organizations authorized by laws or regulations to have public affairs management functions or people's organizations exceed the scope necessary for performing their duties use Public Credit Information obtained through government affairs sharing or inquiries made on the basis of their authority beyond the scope for the performance of duties, or publicly disclose it without authorization, it is to be handled in accordance with the preceding paragraph.

Article 70: Where these Regulations are violated by any of the following conduct by Market Credit Information collecting units, the comprehensive social credit management department or relevant regulatory departments are to order corrections in accordance with their management authority, confiscate unlawful gains, and concurrently fine the unit between 50,000 and 100,000 RMB or, where the circumstances are serious, between 100,000 and 200,000 RMB; the directly responsible staff are to be fined between 10,000 and 30,000 RMB or, where the circumstances are serious, between 30,000 and 100,000 RMB; where harm is cased to credit subjects' lawful rights and interests, civil responsibility is to be borne in accordance with law, and where a crime is constituted, criminal responsibility is to be pursued in accordance with law:

(1) Illegally buying, selling, or stealing credit information;

(2) Illegally obtaining credit information through tactics such as fraud, enticement, or coercion;

(3) Using natural persons' credit information that was acquired without authorization, through compelled authorization, or through a single lifetime authorization;

(4) Fabricating or altering credit information;

(5) Illegally providing or using credit information;

(6) leaking state secrets, commercial secrets, or personal private information learned of in the course of operations.

(7) Falsifying assessments of credit subjects' credit statuses in the provision of credit services;

(8) credit service establishments not stopping the use of information on untrustworthiness that they know has stopped being displayed or not promptly deleting that information on untrustworthiness from the platform through which they provide services.

Article 71: Where credit subjects feel that specific administrative acts in public Credit Information management activities violated their lawful rights and interests, they may apply for administrative reconsideration or initiate administrative litigation in accordance with law.

Chapter IX: Supplementary Provisions

Article 72: Credit service establishments as used in these Regulations refers to lawfully established professional service establishments that publicly provide credit products and services, or engaging in credit rating and assessment, credit investigations, credit risk control, and other related business activities.

Article 73: These Regulations are to take force on January 1, 2022.

 

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