Shaanxi Province Social Credit Regulations

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《陕西省社会信用条例》已于2021年11月26日经陕西省第十三届人民代表大会常务委员会第二十九次会议通过,现予公布,自2022年3月1日起施行。

Table of Contents

Chapter I: General Provisions

Chapter II: Establishment of the Social Credit System

Chapter III: Management and Use of Credit Information

Chapter IV: Credit Incentives and Restraints

Chapter V: Protection of Credit Subjects' Rights and Interests

Chapter VI: Regulation and Development of the Credit Services Market

Chapter VII: Legal Responsibility

Chapter VIII: Supplemental Provisions

Chapter I: General Provisions

Article 1: These Regulations are drafted on the basis of relevant laws and administrative regulations, and in consideration of actual conditions in the Province, so as to regulate and promote the establishment of the social credit system, increase the level of creditworthiness in society, enhance awareness of creditworthiness, protect credit subjects' lawful rights and interests, and practice the Core Socialist Values.

Article 2: “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') performance of legally-prescribed and 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 statuses. Of this, the credit information produced or obtained by state organs and organizations authorized by laws and regulations in the lawful performance of their duties is called 'Public Credit Information', and other credit information is collectively non-Public Credit Information.

Article 3: These Regulations apply to activities in the administrative regions of this province such as on the establishment of the social credit system, the management and use of credit information, credit incentives and restraints, the protection of credit subjects' rights and interests, and the regulation and development of the credit services market.

Article 4: The establishment of the social credit system shall adhere to the principle of being promoted by the government with joint construction by the public, following laws and regulations, protecting rights and interests, sharing information, and preserving security.

Article 5: People's governments at the county level or above shall include the establishment of a social credit system in the citizen's economic and social development plan, establishing and completing systems for organizing credit work and mechanisms for deliberation and coordination, strengthing organizational leadership and personnel and funding assurances, making overall plans for efforts on the advancement of the social credit system in that administrative reason, and coordinating the resolution of major issues in the establishment of a social credit system.

Article 6: The provincial government's administrative department for reform and development is the province's department in charge of the establishment of the social credit system, responsible for drafting management and regulatory policy measures on the establishment of the social credit system, and for guiding, coordinating, overseeing, and managing the entire province's efforts on the establishment of the social credit system.

The departments designated as in charge of establishing the social credit system by the people's governments of districted cities and counties (cities, districts) are responsible for coordinating implementation and oversight management work for that administrative region's establishment of a social credit system, and for organizing the advancement of the aggregation, sharing, disclosure, and use of social credit information, as well as related services.

The credit information work bodies designated by the provincial or districted city people's governments, are specifically to undertake the establishment, operation, and maintenance of that administrative region's credit information sharing platform and credit portal websites, carrying out the collection, disclosure, and use of credit information in accordance with law, as well as related efforts.

Each relevant department of people's governments at the county level or above and other related departments are responsible for the establishment of credit systems for the corresponding industry or field within the scope of their respective duties, drafting industry credit management systems, implementing industry credit regulation duties, coordinating the completion of efforts on the establishment of the social credit system such as credit information sharing and publicity and education on creditworthiness.

Article 7: Encourage and support all of society's participation in the establishment of the social credit system, enhancing awareness of legal compliance and contract performance, consciously following public order and good customs, promoting a culture of creditworthiness, and collectively raising the public's level of credit.

All levels of people's government shall give commendations and awards in accordance with relevant provisions to Units and individuals making outstanding contributions in efforts to establish the social credit system.

Chapter II: Establishment of the Social Credit System

Article 8: This province is to establish and complete social credit systems, strengthening the establishment of creditworthiness in areas such as government affairs, commercial affairs, and society, as well as judicial credibility; increase the level of credit information sharing and capacity for credit services, build new types of credit-based regulatory and social governance models, and create a social atmosphere of creditworthiness, self-discipline, trustworthiness, and mutual trust.

Article 9: All levels of people's government shall strengthen the establishment of creditworthiness in government affairs, establish mechanisms for overseeing and assessing creditworthiness in government affairs and systems for pursuing accountability for government untrustworthiness, strengthen creditworthiness education and credit management for public employees, perform duties in accordance with law, govern with creditworthiness, and be trustworthy in keeping promises; enhance transparency in decision-making, increase government credibility, and play an exemplary role in the construction of the social credit system.

The provincial department in charge of establishing the social credit system is responsible for guiding and coordinating the entire province's efforts on the establishment of creditworthiness in government affairs, operating a Shaanxi Province Government Affairs Creditworthiness Monitoring System through the provincial level credit information sharing platform, establishing a uniform provincial archive for government affairs creditworthiness, advancing information sharing on creditworthiness in government affairs, carrying out monitoring of creditworthiness in government affairs, and periodically conducting assessments of government affairs creditworthiness.

The departments in charge of establishing the social credit system for districted cities and counties (cities, districts) are responsible for guiding and coordinating the establishment of a government affairs creditworthiness system in that administrative region and for its oversight and management, coordinating effective information sharing on creditworthiness in government affairs, assessments of government affairs creditworthiness, correction of untrustworthiness by government bodies, and other related work.

Article 10: All levels of people's government and their 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 make changes in policy pledges or contracts and agreements for the national interest or public interest, it shall be done in accordance with legally-prescribed authority and procedures, and the market entities are to be compensated in accordance with law.

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 such as on establishing credit.

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.

Article 13: All levels of this city's judicial organs shall advance judicial openness, a judiciary that is strictly just and embodies social fairness and justice, increasing the credibility and authority of judicial work, and increasing the extent of public satisfaction.

Article 14: The relevant departments at the county level or above shall establish and complete industry credit management systems and industry credit records, and promote the credit pledge system in administrative management and public services, carrying out hierarchical and categorical management based on market entities' credit status, lawfully carrying out punishments against seriously untrustworthy entities, promoting innovation in credit management and services, and increasing management capacity and levels; strengthening the establishment of credit for key groups, spreading the use of occupational credit reports, and guiding the establishment of professional ethics and conduct regulations.

Social organizations such as associations and chambers of commerce shall establish and complete industry self-discipline conventions and professional ethics codes, establishing member credit archives, carrying out activities on building industry creditworthiness, and promoting the establishment of industry credit.

Article 15: All levels of people's government shall strengthen publicity and education on creditworthiness, spread credit knowledge, and develop education on social morals, professional ethics, family values, and individual morals. Departments such as for education, human resources and social security, and civil service management, as well as schools and training establishments, shall include creditworthiness education and credit knowledge in the content of teaching and training.

All levels of people's government and their staffs, people's organization, and relevant units shall consider activities such as in the establishment of a spiritual civilization, award selections, and selection of moral models, in the establishment of exemplars of creditworthiness, launching demonstration cities, counties, townships, centers, villages, neighborhoods, and enterprises; to spread innovative experiences in the establishment of credit, credit management, and credit to benefit the people.

Encourage and support all media in strengthening publicity and public opinion guidance on creditworthiness, advocating a culture of creditworthiness, publicizing and spreading examples of creditworthiness and creditworthy deeds, exposing untrustworthy conduct, and creating a social atmosphere of creditworthiness and trustworthiness.

Chapter III: Management and Use of Credit Information

Article 16: In accordance with the relevant national and provincial standards, the provincial and districted city credit information work bodies shall establish and operate the credit information sharing platforms and credit portal websites for that level as the basic locations for credit information sharing, display, and services.

The provincial and municipal credit information sharing platforms shall bring about full sharing of credit information, strengthen data governance, increase data quality, and maintain data uniformity in the provision of external credit information services.

Article 17: People's governments at the county level or above shall strengthen organization and coordination, promote interconnections and information sharing between all government affairs information platforms, such as for approvals, services, and management, with the provincial and municipal credit information sharing platforms; and promote data sharing between the credit information-sharing platforms and the Basic Financial Credit Information Databases.

Article 18: A cataloged management system is to be implemented for Public Credit Information. The Public Credit Information catalog is to be uniformly compiled in accordance with state provisions by the provincial department in charge of the establishment of the social credit system together with relevant departments and units, and published and implemented after approval from the provincial people's government.

Article 19: State organs, organizations authorized by laws and regulations, and Public Credit Information providing units shall follow the Public Credit Information catalog in recording and retaining the Public Credit Information produced or acquired b that unit, and promptly, accurately, and completely aggregate it into the credit information sharing platform as provided.

Article 20: The departments for managing government affairs data of people's governments at the county level or above shall follow the Public Credit Information catalog in organizing aggregation of the Public Credit Information in that administrative region, and share it up through the levels to the provincial credit information sharing platform as provided.

Article 21: Credit information work bodies may solicit non-Public Credit Information from credit service establishments, social organizations, and other enterprises and public institutions in accordance with agreements. Units providing non-Public Credit information are responsible for the veracity of the information they report.

Credit service establishments, social organizations, and other enterprises and public institutions are encouraged to record and integrate credit information they produce or acquire in the course of business activities, and exchange or share it with the credit information sharing platforms.

Credit subjects are encouraged to voluntarily provide credit information such as qualifications documents, intellectual property rights, utilities, storage and logistics, market operations, contract performance, public interest, finance, and business performance; and make public pledges as to the veracity of the information, and authorize the credit information sharing platforms to integrate, share, and use the relevant information.

Article 22: Public Credit Information is to be disclosed through means such as public display, government affairs sharing, and authorized inquiries.

Non-Public Credit Information, in addition to being publicly disclosed in accordance with law, may also be disclosed by the credit subject proactively disclosing it or authorizing inquiries.

Personal credit information is normally not disclosed, but where laws such as the Personal Information Protection Law provide otherwise, follow those provisions.

When disclosing information on matters such as commendations, awards, volunteer service, charitable donations, or good samaritanism, where the individual or credit subject proposes not disclosing their own information, their wishes shall be respected and the information will not be disclosed, except as otherwise provided by laws, regulations, or relevant state provisions.

Article 23: Information on credit subjects' untrustworthiness shall be disclosed on the basis of laws, regulations, and state provisions, and the period for disclosure is not normally to exceed 5 years calculated from the date on which the untrustworthy conduct is identified. Of this information, the period of disclosure for credit subjects' entry into the lists of the seriously untrustworthy extends through their removal from the list. Information on untrustworthiness shall be transferred for archiving when the disclosure period is passed. Where laws, regulations, or the state provide otherwise, follow those provisions.

Article 24: State organs and organizations authorized by laws and regulations shall make inquiries and use credit information in the following work:

(1) Implementing administrative permits, administrative inspections, and major administrative punishments;

(2) government procurement, bidding and tendering in state-funded projects, transfer of land use rights in state-owned land, mining rights, and other public resource trading activities, government funding and project support, research project management, and so forth;

(3) Recruitment, hiring, and transfer of state employees;

(4) award selections, commendations, and awards;

(5) other situations that require inquiries and use in accordance with provisions.

Article 25: The departments in charge of the establishment of the social credit system, credit information work bodies, and units collecting, providing, or using credit information shall perform the following information security management duties:

(1) establish information security management systems and emergency response mechanisms;

(2) Formulate credit information inquiry specifications, clarifying the scope of authority for the unit's personnel and the procedures for inquiries;

(3) Comply with other provisions on information security in laws and regulations.

All types of credit information system shall comply with the requirements of the national multi-level cybersecurity protection scheme.

Chapter IV: Credit Incentives and Restraints

Article 26: People's governments at the county level or above, in conjunction with the supervision organs and judicial organs at that level, shall establish mechanisms that cross departments, fields, and regions for incentives for trustworthiness and disciplinary action for untrustworthiness, strengthen advocacy and praise for trustworthy conduct and punishing and restraining untrustworthy conduct in accordance with law, to create a creditworthy social environment.

Article 27: Credit subjects with no negative credit records that have the following conduct may be targets for incentives for trustworthiness:

(1) Receiving commendations or awards from state organs and other organizations, and have honorary titles bestowed;

(2) Participating with outstanding performance in rescues and disaster relief, good samaritanism, social public interest, volunteer service, charitable donations, and so forth;

(3) Being assessed at the highest credit level in comprehensive public credit assessments or industry credit assessments;

(4) Other conduct that the state or province provide may have them listed as targets of incentives for trustworthiness.

The specific measures for determining the targets of incentives for trustworthiness are to be drafted by the provincial department in charge of the establishment of the social credit system together with relevant departments, and published and implemented after approval from the provincial people's government.

Article 28: Incentives for trustworthiness are to implement list management, and determined within the following range in accordance with law:

(1) Accepting incomplete applications or giving preferential handling or other facilitation measures in work such as administrative permitting;

(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) Simplifying inspection methods in administrative inspections;

(5) Where other requirements are equal, make them priority choices or giving them key supports in the implementation of government benefit policies;

(6) Conducting publicity or promotions on credit portal websites or related media;

(7) Other measures provided by the nation and this province.

The list of incentive measures for trustworthiness is to be compiled in accordance with laws and regulations by the provincial department in charge of establishing the social credit system together with relevant departments.

Article 29: Designations of untrustworthy conduct must have one of the following legally effective documents as their basis.

(1) Effective judicial ruling or judgment documents;

(2) Effective arbitration documents;

(3) Effective administrative decision documents such as for administrative punishment and administrative rulings;

(4) Other documents provided for by laws, regulations, or state provisions.

Article 30: Designations of serious untrustworthy conduct shall be based in laws, regulations, or relevant state provisions, and mainly include the following conduct:

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

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

(3) Refusing to perform on legally prescribed obligations and seriously impacting the credibility of the judicial or administrative organ;

(4) 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, regulations, or state provisions.

Where the state has standards for designation of seriously untrustworthy conduct, enforcement is to be in accordance with those standards; where the state does not have designation standards, the specific designation methods and standards are to be drafted by the relevant provincial departments in conjunction with the provincial department in charge of establishing the social credit system and are to be implemented after approval from the provincial people's government.

Where credit subjects are found to have serious untrustworthy conduct, punishment measures for untrustworthiness shall be implemented in accordance with relevant state provisions.

Article 31: Punishments for untrustworthiness are to implement a list management system. The list of punishment measures for untrustworthiness is to be uniformly compiled in accordance with laws, regulations and state provisions by the provincial department in charge of the establishment of the social credit system together with relevant departments, and published and implemented after approval from the provincial people's government.

The list of punishment measures for untrustworthiness shall indicate content such as the matters, basis, targets, methods, implementing bodies, and implementation period of punishments for untrustworthiness, and be restricted to the following scope:

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

(2) Making corresponding restrictions in policy supports such as government funding;

(3) Restricting participation in government invested construction projects and public resource transactions;

(4) Strengthening regulation in routine oversight and management;

(5) Restrict participation in awards and honors, and cancel qualifications to participate in competitions;

(6) other punishment measures provided for by laws, regulations, and state provisions.

Article 32: Incentives for trustworthiness shall be implemented within the legally-prescribed scope of authority.

Punishments for untrustworthiness shall correspond to the facts, nature, circumstances, and degree of harm to society of the untrustworthy conduct, and must not exceed the legally-prescribed prerequisite conditions, punishment types and ranges; punishments must not be implemented against third parties other than untrustworthy entities, and must non-disclosed punishments must not be implemented.

Article 33: State organs and organizations authorized by laws and regulations shall designate the targets of incentives for trustworthiness and punishments for untrustworthiness in accordance with relevant provisions, and promptly report this to the credit information sharing platforms.

Before designating targets of incentives for trustworthiness, the designating organs shall conduct a public display for at least 10 working days. Where citizens, legal persons, or other organizations have objections to the designation, they may submit an objection application to the designating organ during the display period. Objection applications shall explain the reasons and provide supporting materials, and the designating organs are to verify and address them in accordance with relevant provisions.

Where planning to designate targets of punishments for untrustworthiness, the designating organs shall notify the parties of matters such as the designation's basis and grounds, and channels for raising objection applications, either in writing or other form. Where the parties have objections, they may submit an objection to the designating organs within the time provided. Objection applications shall explain the reasons and provide supporting materials, and the designating organs are to verify and address them in accordance with relevant provisions.

Article 34: State organs and organizations authorized by laws and regulations shall promptly enter targets of punishments for untrustworthiness in that unit's government service systems such as for administrative management and administrative approvals, and carry out automated barriers and restrictions against untrustworthy entities, and give feedback on the results to the credit information sharing platform.

The departments in charge of establishing the social credit system at the county level or above shall periodically report on the implementation of punishments for untrustworthiness and disclose this to the public.

Article 35: In services such as administrative permitting, administrative determinations, and administrative payments, that are implementing the notice and pledge system, where the applicant has no negative credit records and voluntarily give written notice and a pledge, the submission of some proofs and materials may be waived. Performance of the written pledges is to be recorded in credit records and is to be an important basis for regulation during and after the matters; and corresponding punishments are to be implemented against applicants that do not perform, in light of the circumstances.

Article 36: Credit information working bodies at the county level or above shall provide Public Credit Information report services in accordance with relevant state standards.

State organs and organizations authorized by laws and regulations shall use Public Credit Information reports in matters such as administrative management, resource allocation, and government services; making credit subjects' credit records and credit assessment outcomes a basis for management and decision-making.

Market entities are encouraged to actively use Public Credit Information reports in business activities to increase transaction security and prevent credit risks.

Article 37: The departments in charge of establishing the social credit system at the county level or above may carry out comprehensive public credit assessments and industry credit assessments.

Industry regulatory departments shall implement hierarchical and categorical management of credit subjects based on their comprehensive public credit assessments and industry credit assessments. For low-risk credit subjects, reduce the frequency of oversight inspections; and make high-risk credit subjects key targets in routine regulation, increasing the extent and frequency of spot inspections.

Chapter V: Protection of Credit Subjects' Rights and Interests

Article 38: In conjunction with relevant departments, the provincial department in charge of establishing the social credit system is to establish and complete systems for protecting credit subjects' rights and interests; establish mechanisms for addressing objections, credit restoration, and ensuring the lawful rights and interests of credit subjects.

Article 39: Credit information must not be illegally collected, transmitted, used, bought, sold, provided, or disclosed by any organization or individual; and where it is necessary to obtain credit information, the principles of legality, propriety, necessity, and minimization are to be followed, and information security is to be

When collecting individuals' credit information, information must not be collected on individuals' 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. Except where Credit Subjects have been expressly informed of the negative consequences that might be produced by providing information and obtaining their written consent, information on personal income, savings, negotiable securities, commercial insurance, real property, and tax information, must not be collected. Where laws, administrative regulations, or the state provide otherwise, those provisions control.

Article 40: Credit subjects have the right to know of the collection and use of their credit information, to understand the information sources and grounds for changes in their credit reports, and have the right to make free inquiries into their own credit information or credit reports through the credit information sharing platforms.

The departments in charge of establishing the social credit system shall draft and publish Public Credit Information service specifications and optimize service methods, to provide convenient inquiries, report issuance, and other services. Where relevant services are provided to credit subjects, those services must not be tied to the collection of credit information, and must not coerce or indirectly coerce credit subjects to provide credit information unrelated to the services.

Article 41: Where credit subjects feel that the following situations exist in the disclosure or use of credit information, they may submit an objection to the information working bodies or other credit information collecting units:

(1) The credit information has errors or omissions;

(2) Violations of commercial secrets or personal privacy;

(3) Credit information is disclosed beyond the time provided;

(4) They were entered into the list of targets of punishments for untrustworthiness despite not meeting the requirements, or should be removed from the list in accordance with provisions, but have not been removed;

(5) Improper credit assessments;

(6) Other situations provided for in laws, regulations, or state provisions.

Article 42: The credit information working bodies are to note the objection within one working day of receiving the objection application, and make the dispositions in accordance with the following:

(1) Where it is within the scope to be corrected by the credit information working bodies, they shall make corrections or cancel the indication of the objection within 3 working days, and notify the person objecting of the outcome.

(2) Where it is within the scope to be corrected by the unit providing the Credit Information, the credit information working body shall transfer it to be handled by the Credit Information providing unit within 2 working days, and the Credit Information providing unit shall make a decision as to whether to make corrections within 3 working days of receiving the transferred application and notify the credit information working body; and within 2 working days of receiving the Credit Information providing unit's decision, the credit information working body shall make a correction or remove the indication of an objection and notify the objecting persons of the outcome.

Where the Credit Information has already been shared with other systems or websites, then after corrections have been made in accordance with the preceding paragraph, the relevant units shall handle changes within 3 working days of receiving the corrected information.

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 43: Where during the disclosure period for information on untrustworthiness the untrustworthy entity corrects the untrustworthy conduct, performs legally-prescribed obligations, and eliminates negative impact in accordance with law, they may submit an application for credit restoration to the credit information working bodies or the unit that designated the untrustworthy conduct.

Where the requirements for credit restoration are met, the relevant departments or units are to grant credit restoration as provided, and notify the credit subject of the credit restoration. After credit restoration, the original information on untrustworthiness is no longer to be disclosed; and where they are on the list of targets of punishments for untrustworthiness, they are to be removed from the list.

The provincial department in charge of establishing the social credit system is to draft specific provisions on credit restoration.

Chapter VI: Regulation and Development of the Credit Services Market

Article 44: People's governments at the county level or above shall draft relevant policy measures to support and regulate the healthy development of the credit services market, encourage social forces to enter the credit services market and participate in social credit management, services, and oversight.

The departments in charge of establishing the social credit system at the county level or above shall strengthen guidance and oversight of the credit services market in accordance with law. Credit service industry organizations shall strengthen industry self-discipline and management, draft and implement industry regulations; and increase the credibility of the credit services industry.

Article 45: Credit service establishments and other units collecting and using credit information, shall follow the principles of legality, objectivity, and prudence in the collection, processing, and use of credit information or in the provision of credit service products, and comply with the relevant provisions of the state and this province. There is an obligation to keep the confidentiality of state secrets, commercial secrets, and personal privacy, learned of in the course of carrying out operations; national security and the public interest must not be endangered; an the lawful rights and interests of credit Subjects must not be harmed.

Credit service establishments and other units collecting or using credit information shall conduct integration, storage, and processing domestically; and shall comply with laws, administrative regulations, and relevant state provisions when providing credit information to foreign organizations and individuals.

Article 46: Encourage and guide market entities to use credit information and credit service products in business activities, providing trustworthy entities with beneficial facilitation, increased opportunities for transactions, and other measures for reducing transaction costs.

Associations and chambers of commerce type social organizations are encouraged to employ incentive measures for members with good credit statuses such as giving key recommendations, commendations and awards, and increasing assessment levels.

Article 47: Credit information working bodies 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 Credit Information in areas such as commerce, finance and insurance, and the people's lives.

Support credit service establishments, credit service industry organizations, and relevant enterprises, public institutions, and social organizations in the development and innovation of credit service products, and expanding the credit application services field to satisfy public demand. Market entities are encouraged to make credit data a factor in market resource allocation, expanding credit transaction models, and developing new business models in the credit economy.

State organs, organizations authorized by laws and regulations, and people's organizations are encouraged to use the credit service products provided by credit service establishments, credit service industry associations, and relevant enterprises, public institutions, and social organizations in the lawful performance of their duties.

Article 48: Encourage the development of research and academic exchanges on credit theory. Support the province's schools of higher learning and secondary vocational schools are encouraged to establish majors in credit management or set up related courses, to train credit services professionals.

Chapter VII: Legal Responsibility

Article 49: Where state organs and organizations authorized by laws and regulations fail to provide Public Credit Information to the credit information working bodies in accordance with these Regulations, the department in charge of the establishment of social credit for that level is to urge them to provide it in writing; where they still do not provide it after being urged, an organ with authority is to circulate criticism and give sanctions to directly responsible managers and other directly responsible personnel in accordance with law.

Article 50: In any of the following situations, where the department in charge of establishing the social credit system, units collecting or using Public Credit Information, or their staffs violate these Regulations, corrections are to be ordered and the directly responsible managers and other directly responsible personnel are to be sanctioned in accordance with law; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

(1) failure to draft a Public Credit Information catalog in accordance with provisions;

(2) Failure to perform work duties such as the collection, aggregation, sharing, disclosure, or querying of credit information as provided;

(3) Failure to use credit information and Public Credit Information reports as provided;

(4) Altering, fabricating, leaking, stealing, and illegally buying or selling credit information;

(5) failure to perform duties to handle objections or restore credit information as provided;

(6) Failure to implement incentive measures for the trustworthy and punishment measures for the untrustworthy;

(7) Failure to establish information security management systems as provided or failure to perform duties to ensure information security;

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

(9) Other conduct abusing authority, dereliction of duties, or improper conduct for personal gain.

Article 51: Where credit service establishments and other units collecting or using credit information, and their staffs, violate these Regulations through any of the following conduct, the department in charge of establishing the social credit system at the county level or above, or other relevant departments, are to order that corrections be made in a set period of time in accordance with law, confiscate unlawful gains, and fine the unit between 50,000 and 100,000 RMB, or where the circumstances are serious, between 100,000 and 300,000 RMB; and fine individuals between 10,000 and 30,000 RMB, or where the circumstances are serious between 30,000 and 100,000 RMB; and where a crime is constituted, criminal responsibility is to be pursued in accordance with law:

(1) Illegal collection or aggregation of credit information;

(2) illegally obtaining or selling Credit Information;

(3) Altering, fabricating, or leaking credit information;

(4) providing false information and credit service products;

(5) Making inquiries into information such as personal privacy or commercial secrets without approvals or authorization;

(6) Failing to follow laws, regulations, and industry specifications in carrying out business activities;

(7) Accepting business through methods such as false publicity or making pledges on credit ratings;

(8) Refusal or obstruction of the relevant competent departments' oversight and inspection;

(9) Other conduct violating credit subjects' lawful rights and interests.

Article 52: Where laws and regulations already provide for the punishment of other conduct in violation of these Regulations, follow those provisions.

Chapter VIII: Supplemental Provisions

Article 53: The language of these Regulations below has the following meaning:

(1) "Organizations authorized by laws or regulations" as used in these Regulations refers to organizations authorized by laws or regulations to have public affairs management functions.

(2) "Credit service establishments" as used in these Regulations refers to lawfully established bodies that publicly provide credit information products and credit management consultation services;

(3) "Credit records" as used in these Regulations refers to information on conduct that can objectively reflect credit subjects' credit statuses;

(4) "Credit archives" as used in these Regulations refers to collections of credit information such as credit records and credit assessments;

(5) "Public Credit Information reports" as used in these Regulations refers to written reports issued by credit information working bodies that indicate credit subjects' Public Credit Information and can reflect the credit subjects' basic credit status;

(6) "Credit reports" as used in these regulations refers to written reports issued by credit service establishments that indicate credit subjects' credit information, and analyze and assess credit subjects' credit status.

Article 54: Where the Shaanxi Public Credit Information Regulations' provisions such as on the collection, disclosure, and use of credit information, or on the handling of objections, do not accord with the provisions of these Regulations, enforcement is to be in accordance with these Regulations.

Article 55: These Regulation enter into force on March 1, 2022.

 

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