Jiangxi Social Credit Regulations

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS –THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS. PAGES WITHOUT IMAGES ARE WORKS IN PROGRESS.

English中文(简体)

[Source]https://mp.weixin.qq.com/s/X4ICxVCd_fzFgBGuftlC2w

(Adopted at the 34th meeting of the Standing Committee of the 13th People's Congress of Jiangxi Province on November 19, 2021)

Table of Contents

Chapter I: General Provisions

Chapter II: Management of Social Credit Information

Chapter III: Rewards for Trustworthiness and Punishment for Untrustworthiness

Chapter IV: Protection of Credit Subjects' Rights and Interests

Chapter V: The establishment of a social credit environment

Chapter VI: Legal Responsibility

Jiangxi Social Credit Regulations

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of relevant laws and administrative regulations, together with actual conditions in this province, so as to cultivate and practice the Core Socialist Values, regulate the management and application of social credit, preserve the lawful rights and interests of credit subjects, enhance awareness of creditworthiness, and increase the level of social credit.

Article 2: These Regulations apply to the management of Social Credit Information; credit rewards for the trustworthy and punishments for the untrustworthy, the protection of credit subjects' rights and interests, the development of the credit services industry, and the establishment of a social credit environment in this province's administrative region. Where laws and administrative regulations provide otherwise, apply those provisions.

Article 3: “Social Credit” as used in these Regulations refers to the state of credit subjects such as natural persons with civil capacity, legal persons, or unincorporated organizations' performance of legally-prescribed or contractual obligations in social and economic activities. "Social Credit Information" as used in these Regulations, refers to objective data and materials that may be used to identify, analyze, and judge credit subjects’ social credit.

Article 4: Social Credit work shall abide by the principles of government leadership, joint construction by society, compliance with laws and regulations, and safeguarding rights and interests; and is to persist in advancing in the diverse areas of creditworthiness in government affairs, commerce, and society, and judicial credibility. Activities such as the recording, collection, aggregation, sharing, disclosure, querying, and application of Social Credit Information shall uphold the principles of legality, propriety, objectivity, necessity, and creditworthiness; and must not endanger national sovereignty, security, and developmental interests; must not encroach on public safety or the public interest, and must not disclose state secrets, commercial secrets, and personal privacy. Social Credit Information must not be collected by any organization or individual through means such as deceit, theft, enticement, coercion, or trespass on computer information systems.

Article 5: People's governments at the county level or above shall strengthen leadership over the construction of the social credit system, include the establishment of a social credit system in the citizen's economic and social development plan, making overall plans for efforts on the advancement of the social credit system in that administrative region, providing financial safeguards for the construction of the social credit system, coordinating the resolution of major issues in the establishment of a social credit system, and including efforts to establish a social credit system in the government targets of responsibility evaluation systems.

Article 6: The development and reform departments of people's governments at the county level or above are the departments in charge of social credit, responsible for the comprehensive coordination, oversight, and management of social credit work within that administrative region. Other relevant departments are to complete efforts on social credit within the corresponding industry or field in accordance with their respective duties.

Article 7: The Social Credit Information management system for this province is to rely on the Provincial Public Credit Information Platform in undertaking efforts on the collection, use, and services for Social Credit Information. The Provincial Public Credit Information Platform is to uniformly archive and publish policies, disclose information, provide public credit services, and support the application of Public Credit Information. The Social Credit Information Management System is a comprehensive system for the collection, aggregation, and integration of Social Credit Information, providing credit services such as for inquiries, display, and use of credit information. The system is to include all levels of Public Credit Information and credit portal site platform for this province as well all levels of industry credit information platforms shared with the system.

Article 8: Traditional media such as radio, television, newspapers, and the internet, as well as new media platforms, shall strengthen publicity on creditworthiness, spreading awareness of social credit, praising advanced exemplars of honesty and trustworthiness, and creating a positive environmnet of social creditworthiness.

Chapter II: Management of Social Credit Information

Article 9: Social Credit Information includes Public Credit Information and Market Credit Information. "Public Credit Information" refers to credit information produced or acquired in the course of lawful performance of legally-prescribed duties or provision of public services by public credit information providing units such as state organs or organizations authorized by laws and regulations to have public affairs management duties. Market Credit Information refers to credit information produced or acquired by Market Credit Information Providing Units, such as credit service establishments and other enterprises, public institutions, and social organizations during the course of their production and operations activities, as well as credit information provided by credit subjects about themselves through means such as statements, voluntary registration, proactive declarations, or social pledges.

Article 10: The provincial people's government departments in charge of social credit, in conjunction with relevant departments, is to establish and complete mechanisms for collecting, aggregating, sharing, and using social credit information. State organs at all levels may cooperate with enterprises, public institutions, and the like to carry out information cooperation, the establishment of public credit information and market credit information exchanges and sharing mechanisms, to achieve common use of public credit information and market credit information.

Article 11: A cataloged management system is to be implemented for Public Credit Information. While enforcing the basic catalog of Public Credit Information, provinces and districted cities may also draft local regulations local Public Credit Information to supplement the directory, and update it as needed on the basis of updates to the national basic Public Credit Information directory and as needed for work.

Article 12: Public Credit Information Providing Units shall follow the National Basic Directory of Public Credit Information and this province's supplemental catalog of Public Credit Information in recording credit subjects' Public Credit Information. The content of this Provinces' supplemental Public Credit Information catalog records primarily includes:

(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 such as the receipt of commendations and awards as well as participation in social public interest or volunteer service;

(4) Information from effective judgments of the people's courts finding that a crime was constituted;

(5) information on refusals to perform obligations provided in effective legal documents;

(6) other information that shall be recorded in accordance with laws, regulations, and state provisions. Public credit information is to be divided into basic information, positive information, and information on untrustworthiness, on the basis of the records' contents.

Article 13: Information used to identify credit subjects' identities such as natural persons' names and identification numbers, and the name and uniform social credit code of legal persons and unincorporated organizations, that is produced or acquired by public credit information providing units during the performance of their duties, as well as information that reflects the basic circumstances of credit subjects such as natural persons' age and sex, and the scope and place of business for legal persons and unincorporated organizations, is to be included in the credit records of credit subjects as basic information.

Article 14: The following information produced or obtained by Public Credit Information providing units during the performance of their duties shall be entered into credit subjects' credit records as positive information.

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

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

(3) Other positive information that reflects credit subjects' status that is provided for in the National Basic Directory of Public Credit Information and this province's supplemental directory of public credit information.

Article 15: The following information produced or obtained by Public Credit Information providing units during the performance of their duties shall be entered into credit subjects' credit records as information on untrustworthiness:

(1) information on violations of the credit pledge system in the area of government affairs, such as approval substitutions, acceptance despite defects, and credit restoration;

(2) information on refusals to pay taxes, social security fees, administrative fees, and government funds in accordance with law;

3) information on effective administrative punishments;

(4) information on the use of improper means to obtain administrative permits, administrative payments, administrative awards, administrative compensations, or government funds;

(5) information on effective judgments of the people's courts finding that crimes are constituted;

(6) Information on having the ability to perform on obligations in effective legal documents, but refusing to do so;

(7) Information on performance being compelled in accordance with law;

(8) Other information on untrustworthiness found in accordance with law.

Administrative punishment information where the credit subjects' conduct was minor and they proactively eliminated or reduced the harmful consequences, as well as information on administrative punishments given to credit subjects applying the simplified procedures, is not to be included as information on untrustworthiness. Except as otherwise specified by laws and administrative regulations. Findings of untrustworthy conduct by state organs as well as organizations authorized by laws or regulations to have public affairs management duties shall be based on legally effective documents: Information on untrustworthiness is to be divided into ordinary and serious information on untrustworthiness in accordance with the degree of seriousness and the harmfulness of the consequences.

Article 16: Public Credit Information Providing Units shall follow the National Basic Directory of Public Credit Information and this province's supplemental catalog of Public Credit Information to promptly and accurately aggregate public credit information in the corresponding industry, field, or administrative region, and send it to the public credit information platform at the same level. Public Credit Information providing units shall establish Public Credit Information review mechanisms, verifying the collected Public Credit Information before sending it to the Public Credit Information platform, and shall bear responsibility for the veracity and accuracy of information provided. The Public Credit Information platforms of districted cities shall promptly, accurately, and completely send Public Credit Information to the provincial public credit information platform, to bring about joint sharing and use of Public Credit Information throughout the province.

Article 17: Market Credit Information services establishments, and credit services industry organizations, as well as other enterprises, public institutions, or social organizations desiring to collect Market Credit Information, may lawfully record Market Credit Information that they produce in their operations in accordance with law, or record the Market Credit Information of their members, remote businesses, and so forth in accordance with law and as needed for services and management. Credit entites may proactively provide Market Credit Information on themselves to the Public Credit Information platform and other channels provided for by law in the form of statements, voluntary registrations, proactive declarations, social pledges, and so forth; and where the information provided involves the information of others, they shall provide materials showing authorization by the other persons and make a pledge that the information is legal, truthful, and accurate, and all information provided is to be verified with the Public Credit Information platform in accordance with laws and regulations.

Article 18: The provincial people's government's departments in charge of social credit are to draft requirements and technical specifications for the collection of Market Credit Information. Units providing Market Credit Information may sent Market Credit Information that meets the requirements and technical specifications to the Public Credit Information platform in accordance with law; and are responsible for the veracity and accuracy of the shared information.

Article 19: Aggregation of natural persons' social Credit Information is to be associated with their resident identity card number; and where they have no resident identity card number, other valid identification documents is to be used as the matching identifier. The sole associated matching identifier for the aggregation of legal persons' and unincorporated organizations' Social Credit Information is to be their uniform social credit code.

Article 20: The units operating the Public Credit Information platforms shall employ methods such as disclosure, government affairs sharing, real name verified use, and authorized use to provide free and open inquiries through channels such as portal websites, mobile clients, and offline inquiries.

Article 21: Public Credit Information providing units and management units shall perform the following information security management duties:

(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 22: Units and individuals are prohibited from carrying out the following conduct:

(1) Alteration, fabrication, concealment, or improper deletion of Social Credit Information;

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

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

(4) Buying, selling, illegally providing, or disclosing the Social Credit Information of others;

(5) other acts prohibited by laws or regulations.

Chapter III: Rewards for Trustworthiness and Punishment for Untrustworthiness

Article 23: People's governments at the county level or above may draft lists of reward measures for trustworthiness and update them at appropriate times as needed. The departments in charge of social credit for people's governments at the county level or above are to draft and update the lists of reward measures for trustworthiness in conjunction with relevant departments. When drafting or updating the list of reward measures for trustworthiness, they shall indicate the target of the rewards, the method of implementation, the implementing entity, and other such content; and shall disclose them for public comments, report for approval from the people's government at that level, and release them publicly. Lists of reward measures for trustworthiness that are drafted or updated by the people's governments of districted cities and counties shall report for filing with the department in charge of social credit of the people's government at the level above.

Article 24: The list of reward measures for trustworthiness may be determined within the following scope:

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

(2) Giving credit points and credit level promotions in exchanges of public resources;

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

(4) Optimizing inspection methods and frequency in administrative inspections;

(5) Giving support and facilitation in public services;

(6) Prioritizing recommendations for award selections;

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

Article 25: Where credit subjects entered into the lists of rewards for trustworthiness have any of the following circumstances which prove true upon investigation, the organ or organization making the finding is to remove them from the list and promptly share the information.

(1) The effective period for the list provided by the organ or organization making the finding is exceeded;

(2) where they have been entered into a list of seriously untrustworthy entities;

(3) Other circumstances as provided by the State or this province.

Article 26: When enforcing the basic national list of punishment measures for the untrustworthy, the province and districted cities may draft a list of supplemental punishment measures for the untrustworthy based on local regulations for social governance, market regulation, and public services, and update it at appropriate times based on updates to the national list of punishment measures for the untrustworthy and as work requires. The departments in charge of social credit for people's governments of the province and districted cities are to draft and update the supplemental lists of reward measures for trustworthiness in conjunction with relevant departments. When drafting or updating the list of supplemental punishment measures for untrustworthiness, they shall indicate the target of the punishments, the method of implementation, the implementing entity, and other such content; and shall disclose them for public comments, report for approval from the people's government at that level, and release them publicly. Districted cities that draft or update supplemental lists of punishments for untrustworthiness shall report for filing to the provincial level people's government's department in charge of social credit. It is prohibited to implement punishment measures outside the list of punishments for the untrustworthy in violation of laws or regulations.

Article 27: The implementation of credit punishment measures against credit subjects shall abide by the principles of legality, relevance, and proportionality, being related to the credit subjects' untrustworthy conduct and matching the nature, circumstances, and degree of societal harm from the credit subjects' violations of laws or contract. The untrustworthy conduct of minors and other with limited civil capacity, that was brought on by force majeure such as natural disasters or disease and slight untrustworthy conduct lacking subjective intent, shall be leniently and cautiously designated, recorded, and punished.

Article 28: The supplemental list of punishments for the untrustworthy shall be restricted to the following scope:

(1) Not applying simplified procedures such as notice and pledges in administrative permitting work;

(2) Making corresponding restrictions in policy supports such as government funding and social security 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) Increase the frequency of regulation, and strengthen on-site oversight inspections in routine regulation 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 29: Fields establishing lists of seriously untrustworthy shall have a basis in laws, regulations, or state provisions, and must not add to or expand them on their own. 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 and fraud, tax refusal, malicious evasion of debts, insider trading, foreign exchange evasion and fraud, malicious delay of payments or service fees, malicious wage arrears, telecommunication network fraud, helping information network crimes, contract fraud, unlicensed operations, the production and sale of fake or shoddy goods, intentional infringement of intellectual property rights, illegal fund-raising, pyramid schemes, lending or borrowing qualifications for bidding, bid-rigging, false advertising, infringement of the lawful rights and interests of consumers or investors in securities and futures, having the ability to perform on publicly made credit pledges but refusing to do so and causing serious consequences, seriously disrupting the order of transmission in cyberspace, seriously disrupting societal public order, and other serious untrustworthy conduct.

(3) Refusals to perform on legally prescribed obligations while having the ability to perform, seriously impacting the credibility of the judicial or administrative organs; Including untrustworthy conduct such as where, after judicial or administrative organs make a judgment or decision, parties have the ability to perform on it but refuse to perform or evade enforcement.

(4) Serious untrustworthy conduct such as the 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;

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

Article 30: Designation standards for lists of seriously untrustworthy entities are to enforce laws, administrative regulations, or national provisions. The designation standards for lists of seriously untrustworthy entities that are only implemented in this province shall be provided for by local provincial regulations.

Article 31: Before making a designation for the list of seriously untrustworthy entities, state organs and organizations authorized by laws and regulations to have public affairs management duties shall notify the credit subject of the reason and basis for the decision and of the rights they enjoy in accordance with law; where the credit subject objects, a review shall be made, and feedback on the outcome is to be given within the time period set by laws, regulations and state provisions. When credit subjects are included in the list of seriously untrustworthy entities, the corresponding administrative, judicial, or arbitration decision document shall be issued and served by the designating department in accordance with law, indicating its reasons and basis, and warning of disciplinary measures for untrustworthiness, as well as conditions and procedures for removal, remedies, and so forth. It is prohibited to make designations for the list of seriously untrustworthy entities that are not in accordance with the designation standards and procedures.

Article 32: Relevant state organs and organizations authorized by laws or regulations to have public affairs management duties shall carry out punishment measures against credit subjects entered in the lists of seriously untrustworthy entities in accordance with laws, regulations, and relevant state provisions.

Article 33: Where the seriously untrustworthy entity is a legal person or non-legal person organization, when recording the unit's information on serious untrustworthiness, the legal representative, principle responsible person, actual controllers, and other persons directly responsible for the seriously untrustworthy acts shall be indicated. Relevant departments shall employ punishment measures against that units' legal representative, principal responsible person, actual controllers, and other directly responsible personnel in accordance with laws and regulations, and the related information on untrustworthiness is to be recorded in their Public Credit Information.

Article 34: Where credit subjects entered in the list of seriously untrustworthy entities have already corrected untrustworthy conduct, completed credit rectification, and finished performance of obligations, the organs or organizations for the corresponding list designation shall remove them and promptly share this with the Public Credit Information sharing platform.

Article 35: industry associations and chambers of commerce are encouraged to strengthen the establishment of industry credit, carrying out rewards for trustworthiness and punishments for untrustworthiness on the basis of the organization charter, but they must not harm the lawful rights and interests of members.

Chapter IV: Protection of Credit Subjects' Rights and Interests

Article 36: The provincial people's government's 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 37: Information such as natural persons' income, savings, negotiable securities, commercial insurance, real estate, and tax payments must not be illegally collected as Market Credit Information by any unit or individual It is prohibited to collect personal information such as natural persons' religious faith, genetics, fingerprints, blood type, illness, or medical history as Market Credit Information.

Article 38: Credit Subjects have the right to know about conditions such as the collection and use of Social Credit Information related to them, as well as the sources of information contained in their credit reports, and any changes to that information, and the reasons. Credit entities have the right to make free inquiries into Public Credit Information about themselves.

Article 39: Where credit subjects find that Public Credit Information platforms, or units providing Public Credit Information, and units collecting Market Credit Information have made errors or omissions and so forth in the course of collecting, aggregating, sharing, or using Social Credit Information or have infringed on lawful rights and interests such as in state secrets, commercial secrets, personal privacy, or other personal information, they may submit an objection application and relevant supplementary materials. After Public Credit Information platforms or units providing Public Credit Information receive objection applications, they shall put up an objection label within one working day, and where it is within the scope of those handled by that unit shall complete the handling within three working days and notify the objecting applicant of the outcome. If it is necessary to check information with other units, the checking and handling shall be completed within 7 working days of receiving the application, and the objecting applicant is to be notified of the outcome. Units receiving notifications to check shall complete handling within 3 working days and simultaneously send the information that has been checked to the Public Credit Information platform or Public Credit Information providing unit. After Market Credit Information collecting units receive objection applications, they shall promptly complete efforts to handle the objection with reference to the preceding paragraph and notify the objecting applicant of the outcome. 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 40: Where credit subjects proactively correct untrustworthy conduct and eliminate its negative impacts during the period for public displaying that information on untrustworthiness, may submit an application for credit restoration to the Public Credit Information 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 Public Credit Information platform or the Public Credit Information providing unit shall restore credit within 10 working days and withdraw the display of the information on untrustworthiness. Where laws, regulations, or the state provide otherwise, apply those provisions.

Article 41: Where Public Credit Information has been revoked, found invalid, or changed by the Public Credit Information providing units, the corrected information shall be synchronized with the Public Credit Information platform within 3 working days. The unit operating and managing the Public Credit Information platform shall delete or modify the corresponding information in databases within 4 working days.

Article 42: Units must not compel financial institutions, credit service establishments, industry associations, news media, and so forth to punish untrustworthy entities.

Chapter V: The establishment of a social credit environment

Article 43: All levels of people's government shall strengthen the establishment of creditworthiness in government affairs, giving play to the key and demonstrative roles of the administrative organs and public employees in establishing the social credit system, establishing systems for monitoring and governing creditworthiness in government affairs and for pursuing responsibility for government untrustworthiness.

Article 44: In the lawful performance of their duties and other economic activities, all levels of people's government and relevant departments shall fulfill policy pledges lawfully made to the public and perform on contracts that are lawfully signed, strengthening the establishment of government creditworthiness in key areas such as government procurement, private-public partnerships, bidding and tendering, administrative permitting, attracting investment, and local government debt; and must not breach or annul contracts on the grounds of adjustments to administrative divisions, the responsible government personnel, or institutional functions. Where it is truly necessary to change policy pledges, administrative permits, or contracts and agreements for the national interest, societal public interest, or other legally-prescribed reasons, it shall be done in accordance with legally-prescribed authority and procedures, and the relevant market entities suffering losses as a result are to be compensated in accordance with law.

Article 45: 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 46: People's governments at the county level or above shall strengthen the establishment of commercial creditworthiness in fields such as production, circulation, spending, construction, bidding and tendering, and transport, to guide market entities to enhance their sense of social responsibility and strengthen credit self-discipline.

Article 47: People's governments at the county level or above shall advance the establishment of societal creditworthiness in fields such as social security, education and research, labor and employment, environmental protects, and conservation of resources, encouraging members of society to treat each other honestly and keep promises.

Article 48: All levels of this provinces' judicial organs shall strengthen the establishment of judicial credibility, to increase judicial credibility and preserve social fairness and justice.

Article 49: 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 50: The provincial people's government's 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, apply those provisions. People's governments at the county level or above shall establish hierarchical and categorical regulatory mechanisms in accordance with the measures for the comprehensive assessment of public credit.

Article 51: People's governments at the county level or above, their relevant departments, and social organizations shall organize and carry out activities to demonstrate and create credit, establishing creditworthy markets, neighborhoods, businesses, and units, establishing examples of creditworthiness, and creating a trustworthy social environment that understands and uses credit.

Article 52: People's governments at the county level or above shall carry out education on social mores, professional ethics, family values, and personal ethics for the entire society, and establish a culture of creditworthiness.

Article 53: The departments in charge of social credit for people's governments at the county level or above, in conjunction with relevant departments, are to strengthen oversight and management of credit service establishments, to foster, regulate, and promote the orderly development of the credit services industry. "Credit service establishments" as used in these regulations refers to professional service bodies that are lawfully established, provide credit products and services to the public, and engage in credit rating, credit consultation and management, credit risk control, and related business activities.

Article 54: Support credit service establishments in using big data and other technologies to process Market Credit Information in accordance with law, developing credit products and services, expanding the market for credit applications, and providing the public with high-quality and effective credit products and services.

Article 55: The relevant departments of people's governments at the county level or above are encouraged to use credit reports in efforts such as administrative permitting, administrative inpections, administrative punishment, credentialing reviews, government procurement, bidding and tendering, public resource trading, sale of government land use rights and mining rights, project approvals, government fund arrangements, inducement of investments, recruitment of civil servants, and labor and employment.

Article 56: Credit service establishments, social organizations, 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.

Chapter VI: Legal Responsibility

Article 57: Where the provisions of these Regulations are violated by State organs or organizations authorized by laws or regulations to have public affairs management duties 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 provincial supplementary Public Credit Information catalog in accordance with provisions;

(2) Failure to perform duties to record, report, aggregate, share, and display Social Credit Information in accordance with the National Basic Directory of Public Credit Information and this provinces supplemental directory of public credit information;

(3) Exceeding authority or violating procedures in inquiring into Social Credit Information;

(4) Altering, fabricating, concealment, disclosure, theft, sale, purchase, or illegal and improper deletion of Social Credit Information;

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

(6) Failure to implement incentives for trustworthiness and punishments for untrustworthiness;

(7) Violating laws or regulations by implementing punishment measures outside the national basic list of punishment measures for untrustworthiness and this Province's supplemental list of punishment measures.

(8) Making designations for the list of seriously untrustworthy entities that are not in accordance with the standards and procedures.

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

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

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

Article 58: In any of the following situations where units providing Market Credit Information and their staffs violate these Regulations, the department in charge of Social Credit Information work, or the department prescribed in laws or regulations, for a people's government at the county level or above is to order corrections be made within a certain period, confiscate unlawful gains where they exist, 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) Fabrication, alteration, or improper deletion of Market Credit Information;

(2) leaking Market Credit Information related to state secrets, commercial secrets, and personal privacy;

(3) Providing third parties with inquiries or use of Market Credit Information that has not been made public without the authorization of the credit subject;

(4) other acts prohibited by laws or regulations.

Article 59: Where the units operating and managing Public Credit Information platforms, enterprises, public institutions, credit service establishments, and so forth violate the lawful rights and interests of credit subjects and cause harm during the collection, aggregation, or use of social credit information, they shall bear corresponding civil liability in accordance with law.

Article 60: Where State provisions are violated by illegally obtaining, stealing, providing, or selling personal Social Credit Information, constituting a violation of public security management, public security administrative sanctions are given in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 61: Where State provisions are violated by illegally obtaining, stealing, providing, or selling personal Social Credit Information, constituting a violation of public security management, public security administrative sanctions are given in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law.

 

About China Law Translate 1229 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*