Notice of the Shandong Provincial People's Government General Office on the Strengthening the Establishment of the Personal Creditworthiness System

by China Law Translate | 2018/08/10 5:21 AM

Source: http://www.creditchina.gov.cn/zhengcefagui/zhengcefagui/difangzhengcefagui1/201808/t20180803_122502.html

All Municipal people's governments, all county (city, region) people's governments; departments of provincial people's governments, and bodies under them, all large enterprises, all schools of higher education:

The following notice on strengthening the establishment of a personal creditworthiness system is hereby given upon approval of the provincial people's government, so as to thoroughly implement Xi Jinping Through on Socialism with Chinese Characteristics for the New Era and the spirit of the 19th Part Congress, to earnestly implement the requirements of the "Guiding Opinion by the General Office of the State Council on Strengthening the Establishment of the Personal Creditworthiness System" (Guobanfa (2016) No. 98):

I. Focus on key fields, key groups of people, and key conduct, to accelerate the establishment of personal creditworthiness records.

Establishing personal creditworthiness records is work that is foundational to and in support of the establishment of a personal creditworthiness system. All levels of all departments should summarize out province's actual conditions and use key fields, key groups of people, and key conduct as a beachhead, to accelerate the establishment of personal creditworthiness records. Accelerate the collection of personal creditworthiness records in key areas such as food and drug safety, ecology and environment, production safety, product quality, tax collection, healthcare, construction projects, judicial proceedings, e-commerce, utilities, and telecommunications, Accelerate the establishment of personal creditworthiness records in key groups of people such as public officials, legal representatives and responsible parties in enterprises, responsible persons in social organizations, lawyers, teachers, doctors, assessors, tax accountants, accountants and audit staff, persons engage in real estate intermediary operations, finance practitioners, and tour guides. Establish and improve personal creditworthiness records databases for conduct that seriously endangers the public's physical well-being and safety, conduct that seriously undermines the order of fair market competition and regular social order, refusals to perform on legally-prescribed duties despite having the ability to do so and seriously impacting the credibility of judicial and administrative organs, seriously untrustworthy conduct that maliciously violated the law and challenged legal authority, and so forth.

II. Rely on the provincial Public Credit Information platform to implement joint rewards and punishments.

Earnestly implement the "Shandong Provincial People's Government Implementation Opinion on Establishing and Improving a System for Joint Incentives for the Trustworthy and Joint Disciplinary Action against the Untrustworthy and Accelerating the Advancement of the Establishment of Social Creditworthiness" (Luzhengfa (2017) No.44), and promote and complete mechanisms for joint incentives for trustworthiness and joint disciplinary action against untrustworthiness. Establish a "red list" on the 'Credit China (Shandong)' website, promptly sending lists of creditworthy and trustworthy people such as administrative counterparts with positive credit status, moral models of creditworthiness, and exceptional volunteers, encouraging each area to explore multiple forms of incentive measures for the trustworthy such as 'credit easing lending', 'credit easing travel', and 'credit easing rentals', creating a positive social atmosphere that promotes creditworthiness and trustworthiness. All levels of all departments should earnestly implement the series of memorandums of understanding on joint disciplinary action signed by the State Council's relevant departments and commissions, taking administrative punishment measures against seriously untrustworthy individuals. The list of targets of joint disciplinary action identified by relevant departments and industries should be promptly transferred to the provincial Public Credit Information platform; and rely on the provincial Public Credit Information platform to accelerate the establishment of the overall framework for credit punishments with information sharing, coordinated supervision and management, and shared public governance. Disclose serious acts of personal untrustworthiness in accordance with laws and regulations, support credit appraisal establishments in collecting information on serious acts of personal untrustworthiness and including them in credit records and reports, leading market entities to widely use credit information and third-party credit report, to deferentially serve seriously untrustworthy individuals.

III. Strengthening Protections of Personal Information

All levels of all departments should strictly follow provisions combined with actual working conditions, to establish and complete management measures for the aggregation, inquiry, and use of personal credit information, regulating activities such as aggregating, making inquiries, using, and reviewing information; and establish inquiry logs that record the name of the inquiry maker, the time of the inquiry, and its content and use. Inquiry logs shall be stored long-term. Initiate the compilation of a Public Credit Information application catalog, and disclose it to the public. All levels of all departments should make inquiries into the credit status of information subjects on the Public Credit Information platform based on the application catalog. Strengthen protections of personal information rights and interests, strictly combating conduct illegal encroachment on personal privacy. The provincial Development and Reform Commission, together with relevant departments, should follow national requirements to actively research the establishment of Public Credit Information error correction and restoration mechanisms, drafting systems for credit restoration, handling objections, and administrative reconsiderations.

IV. Strengthen organizational safeguards.

All levels of all departments should place great emphasis on efforts to establish a personal creditworthiness system, detailing responsibilities, division of labor, and specific measures, making deployments for implementing efforts to establish a personal creditworthiness system in the corresponding area or field, continuously summarizing experiences, earnestly researching problems encountered in the establishment of a personal creditworthiness system, gradually improving the establishment of a personal creditworthiness system, and promptly reporting major issues up to the general office of the provincial inter-agency commission for the establishment of a social credit system. The general office of the provincial inter-agency commission on the establishment of the social credit system should strengthen and increase coordination, research the establishment of mechanisms to advance work evaluations, comprehensively use methods such as summaries, circulars, guidance, and third-party assessments to promote the implementation of each item of work; and the relevant provincial departments should summarize actual work conditions, actively research formulation of management measures for advancing the establishment of a personal creditworthiness system in the corresponding field, and encourage areas with the capacity to explore drafting local regulations and government rules related to the establishment of a personal creditworthiness system.

V. Carry out widespread publicity and education on creditworthiness.

All levels of all departments should have creditworthiness education run through the entire process of establishing citizen's morality and building a spiritual civilization, a foundation of cultivating and putting the core socialist values in practice. On International Consumer Rights Protection Day, National Legal Publicity Day, Credit Worthiness for Prosperity Publicity Month, Credit Record Concern Day, establishment of 'trusted brands, and other creditworthiness-themed publicity activities, to concentrate publicity on credit policies, credit knowledge, and positive and negative examples of creditworthiness and untrustworthiness, strengthening praise for creditworthy conduct and exposing seriously untrustworthy conduct, to create a social environment where 'trustworthiness is honored, untrustworthiness is shameful, and those who are not creditworthy are worried. Make good use of the Credit China (Shandong) website,and the Shandong Legal Bulleting platform for exposing the judgment defaultersto strengthening the exposure and cautionary education for seriously untrustworthy conduct, and simultaneously carry out thorough education on creditworthiness and training emphasizing public officials, financial instititutions, and responsible persons for local finance organizations and the legal representatives or senior management of enterprises and public institutions. The province's interdepartmental committee for the establishment of a social credit system, together with relevant departments, should compile a "White Paper on the Establishment of Social Credit in Shandong Province" and other such publicity materials, spreading credit knowledge and increasing citizens' credit levels.

General Office of the Shandong Provincial People's Government

Government Office of the Shandong Provincial People's Government

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