Public Announcement No. 54 of the Standing Committee of the Shanghai People's Congress
The "Shanghai Social Credit Regulations" were passed by the 38th meeting of the Standing Committee of the 14th Session of the Shanghai People's Congress on June 23, 2017, and are hereby released, to take effect on October 1, 2017
Standing Committee of the Shanghai People's Congress
Table of Contents
Chapter II: Social Credit Information
Chapter III: Credit incentives and restrictions
Chapter IV: Protection of Information Subjects' Rights and Interests
Chapter V: Regulating and Advancing the Development of the Credit Services Industry
Chapter VI: The establishment of a social credit environment
Chapter VII: Legal Responsibility
Chapter VIII: Supplemental Provisions
(Adopted on June 23, 2017 at the 38th session of the Standing Committee of the 14th Shanghai People's Congress)
Chapter I: General Provisions
Article 1: These Regulations are made on the basis of relevant laws and administrative regulations, so as to improve the socialist marketplace economic system, innovate social governance systems, raise the level of social credit, and increase awareness of creditworthiness.
Article 2: “Social Credit”, as used in these Regulations, refers to the status of natural persons with full civil capacity, legal persons and unincorporated organizations' (hereinafter "Information Subjects") compliance with legally prescribed obligations, or performance of contractual obligations, in social and economic activities.
“Social Credit Information“， as used in these Regulations, refers to objective data and materials that can be used to identify, analyze, and judge the status of Information Subjects compliance with law and performance on agreements.
Article 3: These Regulations apply to activities in the administrative region of this city such as the aggregation, collection, and sharing of Social Credit Information; credit incentives and restraints, the protection of Information Subject's rights and interests, and the regulation and development of the credit services industry.
Where laws and administrative regulations provide otherwise, those provisions control.
Article 4: Municipal and district people's governments shall set up an institution for deliberation and coordination of the establishment of a social credit system, place the establishment of a social credit system within the Citizens' economic and social development plan , and do the overall work of promoting the establishment of a social credit system within that administrative region.
Municipal and district social credit management departments are responsible for the comprehensive coordination and oversight management of social credit efforts, organizing and laying out each policy measure, and taking responsibility for their implementation. Other departments of municipal and district people's governments shall work together to complete social credit work within the scope of their authority.
Article 5: The City encourages all aspects of society to participate together in the establishment of social credit, increasing awareness of creditworthiness, strengthening cooperation, and jointly promoting joint rewards and punishments for credit, and carrying forwards a social attitude where the trustworthy are honored and the untrustworthy are ashamed.
Article 6: Activities of aggregation, collection, sharing, and use of Social Credit Information shall comply with the principles of legality, objectivity, and necessity; shall ensure information security,and must not violate state secrecy, commercial secrecy, personal privacy, and other personal information.
The Social Credit Information of natural persons must not be unlawfully collected, used, processed, or transferred by any organization or individual, and must also not be unlawfully bought and sold, provided or disclosed.
Article 7: On the basis of the nation's overall deployments, this city shall improve the operating mechanisms for establishment of the social credit system and the information aggregation function of local credit information systems, carrying out each item of work in the establishment of the social credit system.
This city shall cooperate with the State's relevant departments to complete credit information interactivity and interconnections, and information sharing work; establish mechanisms for regional cooperation on credit, promoting Credit Information sharing and mutual recognition of credit appraisals with other provinces (autonomous regions and directly governed municipalities); and strengthen joint rewards and punishments across regions in key fields.
Chapter II: Social Credit Information
Article 8: Social Credit Information as used in these Regulations is divided into Public Credit Information and Market Credit Information.
Public Credit Information refers to Social Credit Information produced or acquired by public credit Information Providing Units such as administrative organs, judicial organs, public enterprises or public institutions, in the performance of their duties or the provision of services.
Market Credit Information refers to Social Credit Information produced, collected, or acquired by Market Credit Information Providing Units, such as credit service establishments and other enterprises and public institutions, during the course of their production and operations activities.
Article 9: The municipal social credit administration department shall comply with the principles of legality, prudence, and necessity, to organize the creation of the Municipal Public Credit Information Catalog.
Items on untrustworthiness to be entered into the catalog include the following:
(1) nonpayment of taxes, social insurance fees, fees for administrative operations, or government funds that should be paid over in accordance with law;
(2)Provision of false materials, concealing the true situation, harming the order of social management and the common social interests;
(3) Refusal to perform on effective legal documents;
(4) Information on administrative punishments given in accordance with the ordinary procedures, except where the unlawful conduct was slight or where the harms resulting from the unlawful conduct were proactively eliminated or abated;
(5) Prohibitions on market entry or entry into industries given by supervisory and management departments;
(6) Other matters provided by laws, regulations and State provisions.
Where laws or regulations already make provisions for the inclusion of an unlawful matter in the catalog, other matters provided by that law or regulation must not be included.
Article 10: Where relevant propose including relevant matters in this city's Public Credit Information catalog, they shall explain the reasons, and where there is a larger difference of opinions over inclusion of the matters, or where inclusion might cause a larger social impact, that unit shall also organize an assessment together with the municipal social credit administration department, and hear the opinions of representatives of relevant groups, experts, and others.
Municipal social credit administration departments summarize and report on matters submitted for inclusion in the directory by relevant units, form a draft of the city's Public Credit Information catalog, and disclose the draft to the public to solicit comments, and the report shall be published promptly after the approval of the deliberative body.
Article 11: The municipal Public Credit Information service center is responsible for setting up, operating, and maintaining the municipal Public Credit Information service platform. In accordance with the requirements of the Public Credit Information catalog, Public Credit Information providing units shall promptly, accurately, and completely provide Public Credit Information, and provide effective legal documents identified by that unit. Public Credit Information that has not been included in the catalog must not be aggregated on the Public Credit Information service platform.
The specific procedures, standards, and implementation measures for aggregation of Public Credit Information are to be jointly formulated by the municipal social credit administration department and relevant departments, and released to the public.
Article 12: The Public Credit Information service Platform is the basic platform of the city's establishment of a social credit system, serving as the hub for inter-connectivity of Credit Information, and connecting with the national Credit Information sharing platform and the Credit Information platforms of other provinces (autonomous region and directly governed municipalities) to complete efforts on Public Credit Information sharing, release, and services.
Article 13: Enterprises, public institutions, industry associations, and the like, may lawfully record Social Credit Information they produced themselves during operations, or, Social Credit Information of members, member businesses, and so forth, that they needed to lawfully record for management or services.
Information Subjects are encouraged to use methods such as declarations, voluntary reporting, and social assurances to provide their own Social Credit Information to the Public Credit Information Service Platform, Credit Service Establishments, trade associations, and so forth, and to ensure that the Social Credit Information is lawful, truthful, and complete.
The collection of Market Credit Information shall be conducted lawfully and in accordance with the principles of truthfulness, objectiveness, and necessity, and where they involving credit investigation operations, shall also comply with relevant laws and regulations on management of the credit investigations.
Article 14: Where collection of Market Credit Information involves personal information, it shall be upon the consent of the information subject, except for information that is to be disclosed in accordance with laws or administrative regulations.
Information on natural persons' income, savings, negotiable securities, commercial insurance, and real estate; as well as information on taxes paid; must not be collected; except where the information subject has been clearly informed of the possible adverse consequences of providing this information, and obtaining their written consent.
The collection of information on natural persons' religious faith, genetics, fingerprints, blood type, illnesses or medical history is prohibited, as well as other personal information which laws and administrative regulations prohibit the collection of.
Article 15: Administrative organs shall follow national provisions and those of the City to promptly display relevant information on enterprises. Enterprises shall proactively display their own information through the enterprise credit information display system in accordance with laws and regulations. Information on the enterprise credit information display system is open to the public, and any organization or individual may make inquiries and use it. Unless otherwise provided by laws and regulations.
Where Public Credit Information is within the scope of proactive disclosure of government information, all levels of administrative organ shall follow the State and Municipal provisions to publish it through means such as government bulletins, news conferences, websites, periodicals, radio and television; information that is to be disclosed upon application shall be provided in accordance with law through appropriate means such as providing copies or arranging for readings of relevant of materials.
Article 16: The municipal social credit administration department shall strengthen communication and coordination with judicial organs, central government units based in Shanghai, and so forth; shall promote cooperation between the municipal Public Credit Information service platform and relevant credit information systems of the basic databases of financial Credit Information, and mutual communication and sharing with the city's online government affairs room, the platform for pre and post event oversight, and the enterprise Credit Information announcement systems, satisfying the public's needs.
The city will establish mutual communication and sharing mechanisms for Public Credit Information and Market Credit Information, and encourage all levels of administrative organ to carry out information cooperation with enterprises and public institutions, bringing about the joint application of Public Credit Information and Market Credit Information.
Article 17: Information Subjects enjoy the right to make inquiries into their own Social Credit Information.
Administrative organs and judicial organs may lawfully make inquiries into Social Credit Information. Administrative organs making inquiries into Social Credit Information shall obey the principle of reasonable administration, and determine relevant Social Credit Information items for inquiries, as needed for administrative management, and release these to the public.
Absent authorization from the individual, inquiries must not be made into the non-public Social Credit Information of information subjects. Except as otherwise specified by laws and administrative regulations.
Article 18: The Municipal Public Credit Information Services Platform shall draft and release service standards,and set up reasonable Credit Information inquiry portals in the city, to provide convenient inquiry services to the public.
The Municipal Public Credit Information Services Platform, enterprise credit information display system, and so forth shall use the internet, cell-phone applications, and so on, to provide convenient inquiry services to the public.
The municipal social credit administration department shall strengthen cooperation with relevant departments, to promote the set up of comprehensive inquiry portals, and provide the public with convenient Credit Information inquiry services such as for Public Credit Information and basic financial Credit Information databases.
Article 19: Administrative organs, the municipal Public Credit Information service center and other enterprises and public institutions shall perform the following information security management duties:
(1) Establish information security management mechanisms, ensuring responsible persons;
(2) Establish standards for the Information inquiry system, clarifying the scope of authority for the unit's personnel and the procedures for inquiries;
(3) Establish information management systems for confidentiality reviews;
(4) Comply with other national and local municipal regulations on information security.
Article 20: Administrative organs, the municipal Public Credit Information service center and other enterprises and public institutions must not carry out the following acts:
(1) Make inquiries into Public Credit Information exceeding their authority;
(2) Alter, falsify, or illegally delete Public Credit Information;
(3) Leak Public Credit Information for which there is no authorization for disclosure;
(4) leak Public Credit Information related to state secrets, commercial secrets and personal information;
(5) Other conduct prohibited by laws or regulations.
Chapter III: Credit incentives and restrictions
Article 21: The city is to establish mechanisms for joint social credit rewards and punishments, that cross departments, fields, and regions, and is jointly participated in by administrative organs, judicial organs, and market entities; creating a creditworthy atmosphere in which the trustworthy receive benefits and the untrustworthy are restricted.
Article 22: The municipal social credit administration department shall follow laws, regulations, and relevant State provisions to draft an application list, clearly laying out specific joint reward and discipline incidents, the subject of the implementation, the implementing entity, the basis for implementation, and other such content, and disclose this to the public.
Article 23: The city encourages all levels of administrative organ, enterprises, public institutions, and so forth, to distinguish, analyze, and judge Information Subjects' credit status, by making inquiries into Social Credit Information or purchase credit services; and carry out differential management based on credit grading.
Article 24: The municipal people's government and its departments may set standards for designated serious untrustworthiness on the basis of the provided procedures,and as needed to perform market oversight, social governance, public services, and other such duties; and shall solicit public opinion on these. Where there are standards provided for addressing serious untrustworthy conduct, follow those provisions.
Article 25: On the basis of situations of information subjects' seriously untrustworthy conduct, administrative organs may establish a list of seriously untrustworthy entities.
When information subjects have any of the following situations, they shall be entered into the list of seriously untrustworthy entities.
(1)Conduct seriously harming natural persons' physical health or security in their lives;
(2) Acts that seriously disrupt the order of fair market competition and normal social order;
(3)Refusing to perform or escaping performance of legally-prescribed obligations, where the circumstances are serious;
(4) Refusing to perform national defense obligations, or acts endangering national defense interests, or destroying national defense facilities.
Where administrative organs release lists of seriously untrustworthy entities, they shall concurrently disclose the requirements for entry and removal from the list, and remedial paths. Information subjects have the right to apply for a remedy to administrative organs' inclusion of them on the list of the seriously untrustworthy information subjects.
Article 26: Market entities are encouraged to consider using Credit Information, credit scores, and credit appraisal results, in carrying out production and business, trade negotiations, and other economic activities.
Based on Information Subjects' credit status, market entities are encouraged to give beneficial facilitation, increased trade opportunities, and other reductions of transactions costs for to trustworthy entities; and to cancel benefits, increase guarantee deposits, and otherwise increase transaction costs for untrustworthy entities.
Financial institutions are encouraged to provide benefits and facilitation in areas such as credit financing, interest rates, methods for repaying debt to trustworthy entities; and financial institutions are encouraged to use risk pricing models to increase interest rates on loans and property insurance rates for untrustworthy entities, or limit the provision of services such as loans, sponsorship, underwriting, or insurance to them.
Article 27: All industry associations in the city shall strengthen the establishment of industry credit management, and industry associations are encouraged to cooperate with Credit Service Establishments to carry out credit grading and classification, and , on the basis of the association charter, adopt reward measures for trustworthy entities such as key recommendations or raising the rank of members; and adopt punitive measures such as industry warnings, circulation of criticism, reducing membership rank, cancelling membership credentials, for untrustworthy entities.
Article 28: As needed for the performance of duties, all levels of administrative organ are to make inquiries into credit information and buy credit services in the following work:
(1) Carrying out administrative permits, administrative inspections, oversight spot checks, and administrative punishments for large amounts.
(2) Government purchases, tendering and bidding, financial and project support, transfer of usage rights for state-owned land, management of scientific research, and so on;
(3) management of registration documents, settlement, or acceptance of resident identity card in different places;
(4) Recruiting state employees, making appointments to posts, or giving promotions;
(5) Commendations and Awards
(6) other routine management work.
Other state organs, organizations authorized by laws and regulations to have public affairs management duties, and so forth, are to consult the preceding paragraph in making inquiries into Credit Information and purchasing credit services.
Article 29: Within the scope of their authority, administrative organs may employ the following incentive measures for creditworthy entities that comply with legally prescribed obligations and obligations by agreement,
(1) Give facilitated services in the course of carrying out administrative permits, such as priority handling or simplified procedures, on the basis of actual conditions;
(2) Where other requirements are equal, make them priority choices for public financing and project support;
(3) Give credit points and credit level promotions in exchanges of public resources;
(4) Optimize inspection frequencies in routine supervision for trustworthy entities;
(5) Other measures that the State and city provide may be employed;
Article 30: Administrative organ may employ the following punishment measures against untrustworthy entities that violate legally-prescribed and contractual obligations, regarding relevant matters within the scope of their authority:
(1) List them as subjects for key review in carrying out administrative permitting, and don't apply simplified procedures such as information and assurances;
(2) Make corresponding restrictions in government funding assistance and other policy supports;
(3) Restrict enjoyment of facilitation measures in administrative management;
(4) Subtract credit points and reduce credit levels in exchanges of public resources;
(5) list them as key management targets in routine management, and increase the frequency of monitoring, and strengthen on-site inspections;
(6) Other measures provided for by the State or city.
Article 31: Administrative organs shall strictly follow the laws and administrative regulations to employ the following punitive measures on related items for seriously untrustworthy entities:
(1) Restrict entry into relevant markets;
(2) Restrict entry into relevant industries;
(3) Restrict relevant professional qualifications;
(4) Restrict carrying out relevant financial operations;
(5) Restrict enjoyment of relevant public policies;
(6) Restrictions on obtaining related honors and titles;
(7) Other measures provided by laws and administrative regulations.
Article 32: Where administrative organs implement credit sanctions against information subjects, they shall be suited to the information subjects' violation of law or contract, the circumstances and extent of social harm; they must not exceed the legally-prescribed requirements for permits or the scope of punishment types, and information must be given on the basis and grounds for implementation.
Credit sanctions that have not been publicly announced must not be implemented.
Article 33: Where the seriously untrustworthy entity is a legal person or non-legal person organization, when recording the unit's information on serious untrustworthess, the legal representative or principle responsible person, and other persons directly responsible for the seriously untrustworthy acts shall be indicated. Relevant departments may lawfully take joint disciplinary action against the unit's legal representatives, principle responsible persons, and other directly responsible persons.
Chapter IV: Protection of Information Subjects' Rights and Interests
Article 34: Information Subjects have the right to know about conditions such as the collection and use of their own Social Credit Information, as well as the sources of information contained in their own credit reports, and the reasons for any changes.
Natural persons have the right to obtain two free credit reports on themselves annually from institutions that aggregate and collect their Social Credit Information. Provision of personal credit reports shall indicate the uses of Credit Information and inquiries into the information, except as otherwise provided by laws and regulations.
Where relevant services are provided to the information subjects, those services must not be tied to the collection of personal Social Credit Information, or coercing or indirectly coercing the information subject to accept them.
Article 35: The time limit for applying to make inquiries into information on information subjects' untrustworthiness to the municipal Public Credit Information services center, credit service establishments, and so forth, is five years; except where laws, regulations, and other state provisions provide otherwise.
The time limit of the preceding paragraph is calculated from the date of the untrustworthy conduct or on which the matter ended; where the time period for inquiries into information on untrustworthiness has been completed, the municipal Public Credit Information services center, credit service establishments, and so forth must not provide inquiries.
Article 36: Where information subjects feel that there was error, omissions, and other such circumstances, or violations of commercial secrets, personal privacy, and other personal information , or other violations of lawful rights and interests in the aggregation, collection, storage or provision of Social Credit Information, they may submit an objection to the municipal Public Credit Information service center, credit service establishments,and so forth.
Where information subjects submit objections to the municipal Public Credit Information service center, the municipal Public Credit Information service center shall note the objection within one working day of receiving the objection materials, and make the following dispositions:
(1)Where it is within the scope of that to be corrected by the municipal Public Credit Information services center, a decision on whether to make a correction shall be made within 5 working days of receiving the objection materials;
(2) Where it is within the scope of information to be corrected by the credit information providing unit, it shall be transferred to the credit information providing unit for handling within 2 working days of receiving the objection materials, and the credit information providing unit shall make a decision on whether to correct it within 5 working days of receiving the objection materials, and inform the municipal Public Credit Information services center; the municipal Public Credit Information services center shall promptly inform the person submitting the objection of the outcomes.
Where information subjects submit objections to credit service establishments, the credit service establishments shall not the objection within one working day of receiving the object materials, and make a decision on whether to correct it within 7 working days; and promptly inform the person submitting the objection of the outcomes and the source of the information in writing; where the decision is not to correct, the reasons shall be explained.
Article 37: Where, after information subjects' Public Credit Information is aggregated on to the municipal Public Credit Information services platform, the specific administrative conduct that designated them as having unworthy is revoked by the administrative organ, subject to revocation on decision of a reconsideration organ, or revoked by the judgment of a people's court; the unit that originally provided the information on untrustworthiness shall promptly inform the municipal Public Credit Information services center in writing, and the municipal Public Credit Information service center shall delete that information from the database within 3 working days of receiving the written information.
Article 38: Where, during the inquiry period for information on untrustworthiness, the information subject reduces the harms of the untrustworthiness through methods such as proactively performing obligations, applying for extensions, or conscientiously explaining, and eliminate the adverse impact, the unit which originally provided the information on untrustworthiness may issue a written proof of credit record restoration to the municipal Public Credit Information services center, and the municipal Public Credit Information services platform shall delete that information on untrustworthiness from the platform's inquiries interface within 3 working days of receiving that written proof.
Chapter V: Regulating and Advancing the Development of the Credit Services Industry
Article 39:Relevant municipal people's government departments shall formulate relevant policies, norms and support for developing Credit Service Establishments, support credit services organizations' active participation in international cooperation, and strengthen the influence of Credit Service Establishments.
Credit Service Establishments' sorting, storage, and processing of credit information collected in the mainland shall be done in the mainland; provision of credit information to foreign [non-mainland] organizations or individuals shall comply with provisions of laws and administrative regulations.
The special fund set up by the city for the establishment of a social credit system shall support the development of the credit services industry.
Article 40: Credit Service Establishments gathering and handling of Social Credit Information, and provision of credit products, shall follow the principles of objectivity, fairness, and prudence; lawfully accepting oversight.
Credit Service Establishments have an obligation to keep the confidentiality of state secrets, commercial secrets and personal privacy, and other personal information learned in the course of operations; must not prejudice national security, public safety, and the public interest; and must not harm the lawful rights and interests of Information Subjects.
Article 41: Where any level of administrative organ uses credit reports in government procurement, bidding and tendering, financial support, personnel management, project management, and other such areas, the related charges must not born by the subject of the report.
The city encourages leading Credit Service Establishments to participate in credit management in the management of key industries, to provide basic Social Credit Information inquiry and verification services for the establishment, filing, and access qualifications for industry Credit Information archives; and provide industry credit status monitoring reports.
Article 42: The city supports Credit Service Establishments use of big data and other techniques to develop credit products with independent intellectual property rights, expanding the field, and satisfying the needs of societal and administrative applications.
The city encourages innovation demonstration zones and industrial parks to introduce Credit Service Establishments to provide customized credit products and services for them
Article 43: Credit industry associations shall strengthen industry self-discipline and management, organizing the drafting and promoting implementation of industry norms, formulating industry statistical reports, developing publicity trainings, policy recommendations, and industry information publications, and elevating the capacity and credibility of industry services.
Article 44: The city supports universities and schools of higher learning to establish credit management majors, cultivating credit service professionals; and supports Credit Service Establishments bringing in high-level foreign and domestic credit service personnel.
Chapter VI: The establishment of a social credit environment
Article 45: All levels of state organs in the city shall establish systems for the control and oversight of the exercise of power, strengthen the establishment of their own credit and education on creditworthiness for that unit's staff, and establish a system of credit archives for employees of state institutions. State employees of the city shall handle matters in accordance with law, in creditworthiness and trustworthiness, and be a good models in establishing social credit.
Article 46: All levels of administrative organ in the city shall improve mechanisms and procedures for decision-making, raising the level of transparency in decision-making, honoring the promises of policies and performing contract obligations in accordance with law. Performance on promises in the citizens' economic and social development plan and government work reports shall be an important part of appraising the level of government creditworthiness.
The credit record of the city's establishment and completion of government affairs accurately records the state of all levels of administrative organs' creditworthy performance of duties. At regular intervals, the city and district people's governments are to conduct government affairs creditworthiness oversight inspections of lower level people's governments and detached organs,carrying out government affairs creditworthiness evaluation assessments, with the outcomes being a major consideration in performance evaluations.
All levels of judicial organ in the city shall raise the level of rationality, systematization, and regulation in judicial work; advancing judicial openness, a strictly just judiciary, and protecting fairness and justice.
Article 47:The city shall draft a creditworthiness education plan, and develop education on social morals, professional ethics, family virtues and individual morals.
Departments of education shall integrate the ideological education curricula for students, organizing the writing of educational materials on creditworthiness suited for the characteristics of students of different ages, and carry out creditworthiness education for students.
Article 48: The city's relevant departments shall combine the selection of spiritual models of civility and morality with each industries activities in creating creditworthiness, with establishing paragons of creditworthy, promoting the traditional culture and modern spirit of creditworthiness and trustworthiness.
Media of all kinds are encouraged to publicize examples of creditworthiness, and to report and disclose all kinds of untrustworthy conduct and incidents.
The City newspapers, broadcasts, television, and other media shall add publicity on creditworthiness and trustworthiness to public interest advertisements.
Chapter VII: Legal Responsibility
Article 49: Where the laws or administrative regulations already have provisions on the handling of violations of the provisions of these Regulations, follow those provisions.
Article 50: Where the staff of administrative organs, or of enterprises and public institutions that have been authorized by laws or regulations to have duties on the management of public affairs, violate the provisions of these regulations in the aggregation or use of Social Credit Information as well as in the implementation of credit incentives and restrictions,or other such procedures,by abusing their authority, derelicting their duties, or twisting the law for personnel gain;the punishment organ shall give an administrative sanction in accordance with law depending on the severity, and where a crime is constituted, criminal responsibility is pursued in accordance with law.
Where administrative organs and their staffs fail to perform duties provided in Articles 9, 10, 11, and 17 of these Regulations, the competent department above or the municipal social credit administration department is to give them a talking to in accordance with the scope of their authority, and on the basis of the severity of the situation, order that corrections be made, give warnings, or circulate criticism.
Article 51: Where the municipal Public Credit Information services center violates article 17 of these Regulations, by failing to complete review and verification obligations, or allowing improper inquiries, the municipal social credit administration department is to give a fine of between 10,000 and 100,000 Yuan.
Where administrative organs, the Municipal Public Credit Information services Platform, enterprises, public institutions, and so forth violate article 19 of these Regulations, the competent department for information security is to order corrections be made within a set time, and give punishments in the accordance with relevant management provisions.
Where the municipal Public Credit Information services center or Credit Service Establishments violate articles 36, 37, or 38 of these Regulations, the municipal social credit administration department is to order corrections be made within a set time, and where corrections are refused, may give a fine of between 10,000, and 50,000 RMB.
Where laws and administrative regulations have other provisions on the subject to be sanctioned and on the method of punishment, follow those provisions.
Article 52: Where the Municipal Public Credit Information services centers, enterprises, public institutions, and so forth, violate the lawful rights and interests of Information Subjects while collecting, aggregating, or using Social Credit Information, they shall bear corresponding civil liability.
Article 53: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.
Chapter VIII: Supplemental Provisions
Article 54: Credit service establishments as used in these Regulations refers to lawfully established professional service establishments that publicly provide credit products, engage in credit consultation, credit risk control, and other related business activities.
Article 55: The municipal people's governments may draft specific implementation measures on the basis of the relevant provisions of these Regulations.
Article 56:This Regulation enters into force on April 1, 2017.
[…] Social Credit: Social credit is generally defined as a measure of an organizations’ or individuals compliance with laws and legal obligations. (for example, see the ”Shanghai Social Credit Regulations” […]