Memorandum of Understanding on Joint Disciplinary Action Against Seriously Untrustworthy Parties to Marriage Registrations

Source:http://images3.mca.gov.cn/www/file/201804/1522657686311.pdf

The following opinions on carrying out joint disciplinary action against seriously untrustworthy parties in the field of marriage registrations has been reached by the National Development and Reform Commission, People's Bank of China, Ministry of Civil Affairs, Organization Department of the CPCC, Publicity Department of the CCCPC, State Commission Office for Public Sector Reform, Civilization Office of the CPCC, Supreme People's Court, Ministry of Education, Ministry of Industry and Information, Ministry of Public Security, Ministry of Justice, Ministry of Finance, Ministry of Human Resources and Social Security, Ministry of Commerce, Health and Family Planning Commission, Audit administration, State-owned Assets Supervision and Administration Commission, General Customs Administration, State Administration of Taxation, State Administration of Industry and Commerce, State Quality Inspection Administration, State Administration of Radio, Film and Television, Bureau of Statistics, Bureau of Tourism, Banking Regulatory Commission, Securities Regulatory Commission, Insurance Regulatory Commission, State Administration of Civil Service, Communist Youth League Central Committee, All-China Women's Federation, and other departments, so as to thoroughly study and Implement Xin Jinping's Thought on Socialism with Chinese Characteristics for a New Era, and the spirit of the 19th Party Congress, and to implement the spirit of the "Marriage Law of the People's Republic of China", the "Regulations on Marriage Registration" and other laws and regulations, as well as the requirements of "State Council Notice concerning Issuance of the Planning Outline for the Establishment of a Social Credit System (2014-2020)"(GuoFa (2014) No. 21), the "The State Council Guiding Opinions on Establishing and Improving Systems of Joint Incentives for Trustworthiness and Joint Disciplinary Action for Untrustworthiness and Accelerating the Establishment of the Social Credit System" (Guofa (2016) No. 33), the "National Development and Reform Commission and People's Bank of China Guiding Opinions on Strengthening and Regulating Efforts on the Management of Lists of Persons Receiving Joint Incentives for Trustworthiness or Joint Punishment for Untrustworthiness" (Fagaicaijingui (2017) No. 1798) and other such documents..

I. The targets of joint disciplinary action

The targets of joint disciplinary action are seriously untrustworthy parties to marriage registrations. Where parties exhibit any of the following conduct, the civil affairs departments are to enter them onto the list of the seriously untrustworthy:

(1) Use of documents or supporting materials such as identification documents, household registration booklets, or proofs of not having a spouse, that have been forged or altered, or fraudulently using those of another person.

(2) Making false declarations such as having no spouse, no immediate family relations, and no blood relatives within three generations of collateral blood affinity [blood relatives reaching from one generation above to one below];

(3) Intentionally concealing that a counterpart lacks or has limited civil capacity, seriously harming the counterpart's lawful rights and interests.

(4) Other serious violations of the "Marriage Law of the People's Republic of China" and the "Regulations on Marriage Registration".

II. Methods for Carrying out Information Sharing and Joint Punishment

On the foundation of the national marriage registration credit information platform, the Ministry of Civil Affairs is to establish a list of the seriously untrustworthy, and bring about data exchanges and sharing through the national credit information sharing platform and the national marriage registration credit information platform. The Supreme People's Court is to exchange and share case information on parties to marriage registrations' divorce judgments or mediation, revocations of marriage registrations, declarations that a marriage is void, and declarations of death, with the Ministry of Civil Affairs. The Ministry of Public Security is to exchange and share parties to marriage registrations' identification information, and information on deaths, with the Ministry of Civil Affairs through the national basic population information database. The Ministry of Industry and Information Technology is to exchange and share parties to marriage registrations' communications information with the Ministry of Civil Affairs. The Health and Family Planning Commission is to exchange and share information on the deaths of parties to marriage registrations and their spouses with the Ministry of Civil Affairs. After each relevant department signing this memorandum obtains the list of seriously untrustworthy parties to marriage registrations from the national credit information sharing platform, and enforces or assists in the enforcement of the punishment measures provided for by the memorandum, the relevant departments are to give feedback on the implementation of joint disciplinary action to the National Development and Reform Commission and Ministry of Civil Affairs, based on actual conditions.

III. Joint Disciplinary Action Measures and Implementing Units

(1) Restrictions on recruitment (hiring) as state public employees. Restrict the recruitment (hiring) of seriously untrustworthy parties to marriage registrations as civil servants or public institution staff.

Implementing Units: Organization Department of the CPCC, Ministry of Human Resources and Social Security, National Civil Servants Bureau, et al.

(2) Restrictions on registration as the legal representatives of public institutions.

Implementing Units: State Commission Office for Public Sector Reform

(3) Restrictions on serving as directors, supervisors or senior management of banking sector financial institutions, securities companies, fund management companies, futures companies, and finance guarantee companies or financial institutions and certification bodies.

Implementing Units: Ministry of Finance, Ministry of Commerce, State Administration of Industry and Commerce, State Quality Inspection Administration, China Banking Regulatory Commission, Securities Regulatory Commission, Insurance Regulatory Commission, and the bodies designated by local governments for oversight of finance guarantee companies.

(4) Restrictions on serving as legal representatives, directors or supervisors, or senior management of state-owned enterprises. Seriously untrustworthy parties to marriage registrations are restricted from serving as the legal representatives, directors, supervisors or senior management of wholly state-owned companies; and where they are already serving in such roles, an opinion is to be submitted saying that they should no longer occupy the roles.

Implementing Units: Organization Department of the CPCC, State-owned Assets Supervision and Administration Commission, Ministry of Finance, State Administration of Industry and Commerce, and so forth

(5) Restrictions on participating in selection for honors such as moral models. Seriously untrustworthy parties to marriage registrations must not participate in the selection for honors such as moral models, May 4 youth awards, Woman Standard Bearers, National Five Virtue Civilized Households, or Best Household; and where honors have already been received, they are to be revoked.

Implementing Units: Publicity Department of the CCCPC, Civilization Office of the CPCC, Communist Youth League Central Committee, the All-China Women's Federation, et al.

(6) Restrictions on participation in relevant industry award selections and appraisals. Where seriously untrustworthy parties to marriage registrations are lawyers, teachers, doctors, or public officials, they are to be restricted from participation in award selections and appraisals for a certain period of time.

Implementing Units: Ministry of Justice, Ministry of Education, Health and Family Planning Commission, State Administration of Civil Service

(7) Cautious consideration when approving or recording investment in securities companies, fund management companies, or futures companies, registering private investment fund managers, or approving independent fund sales organizations. Cautiously consider information related to seriously untrustworthy parties to marriage registrations in the approval or recording of modifications of securities companies', fund management companies', or futures companies' establishment, equity, or actual controllers, and in registering private investment fund managers, or approving independent fund sales organizations.

Implementing Units: Securities Regulatory Commission

(8) Cautious consideration when approving establishment of a certification body.

Implementing Units: General Administration of Quality Supervision

(9) Careful consideration when financial institutions finance credit. Make information on parties to marriage registrations serious untrustworthiness a cautious consideration for financial institutions in approving credit for potential borrowers.

Implementing Units: People's Bank of China, China Banking Regulatory Commission

(10) Restrictions on obtaining subsidy financial supports. Restrict seriously untrustworthy parties to marriage registrations applications for subsidy financial supports.

Implementing Units: The National Development and Reform Commission, Ministry of Finance, Ministry of Human Resources and Social Security, State-owned Assets Supervision and Administration Commission, et al.

(11) Restrictions on Becoming a Customs-verified Enterprise. When seriously untrustworthy parties to marriage registrations are the legal representatives (responsible parties) for an enterprise, senior management responsible for customs matters, or persons responsible for finance, approval is not to be given when the company applies to be a customs-verified enterprise; and where they are already a customs-verified enterprise, their enterprise credit rating is to be adjusted downward in accordance with provisions.

Implementing Units: General Customs Administration

(12) Cautious consideration in selection as suppliers for government procurement and in selection of evaluation and appraisal experts. Information on parties to marriage registrations' serious untrustworthiness is to be a cautious consideration in selection as suppliers for government procurement and in selection of evaluation and appraisal experts.

Implementing Units: Ministry of Finance

(13) Consideration in professional qualification permits and certifications in key industries. Strictly review seriously untrustworthy parties to marriage registrations' applications for qualifications and certifications to be lawyers, teachers, doctors, social workers, registered accountants, tax agents, certification practitioners, securities and futures practitioners, journalists, tour guides, and so forth; and put those that have already become relevant practitioners under key scrutiny.

Implementing Units: Ministry of Education, Ministry of Justice, Ministry of Finance, Health and Family Planning Commission, Auditing Administration, State Administration of Taxation, State Quality Inspection Administration, State Administration of Radio, Film and Television, Statistics Bureau, Bureau of Tourism, and Securities Regulatory Commission.

(14) Lawfully pursue legal responsibility of those who break the law. Lawfully pursue the legal responsibility of parties that have illegal conduct such as using forged or altered identity documents, household registration books, or supplementary materials, or who falsely use others' identity documents.

Implementing Units: The Ministry of Public Security

IV. Dynamic Management of Joint Disciplinary Action Measures.

The Ministry of Civil Affairs is to conduct dynamic management of the list of seriously untrustworthiness in marriage registrations, promptly updating relevant information, and conduct long-term storage of relevant records behind the scenes. On the basis of their legally-prescribed duties, relevant departments are to carry out joint punishments or lift punishments, in accordance with laws, regulations or relevant provisions. V. Each department or unit for other matters is to closely coordinate and actively implement this memorandum, promptly issue it within their system, and guide and oversee the implementation of joint disciplinary action by all levels of unit in that system in accordance with regulations. After this memorandum is signed, where any r relevant laws, regulations, rules or normative documents within a department or field are revised or adjusted, and not in accord with this memorandum, the revised laws and regulations are controlling. Specific operational issues in implementation are to be clarified through separate consultation between the departments.

Attachment 1: The relevant basis and implementing units for joint disciplinary action