Xiamen Special Economic Zone Social Credit Regulations

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

【Source】http://fj.cma.gov.cn/xmsqxj/xxgk/flfg/201905/t20190509_447094.htm

 

Contents

Chapter I: General Provisions

Chapter II: Collection and Disclosure of Social Credit Information

Chapter III: Social Credit Incentives and Punishments

Chapter IV: Protection of Social Credit Entities' Rights and Interests

Chapter V: Development and Regulation of the Social Credit Service Industry

Chapter VI: The Establishment of a Social Credit Environment

Chapter VII: Legal Responsibility

Chapter VIII: Supplemental Provisions

 

Chapter I: General provisions

Article 1: These Regulations are drafted so as to regulate the management of social credit, to increase the level of social credit, to innovate social management mechanisms, to foster the social credit service industry, create a social environment of honesty and trustworthiness, to put the core socialist values into practice, to comply with the basic principles of laws and regulations, together with the actual circumstances of the Xiamen Special Economic Region.

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 'Social Credit Entities') 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 from which the state of Social Credit Entities compliance with laws, regulations and rules, and their performance of legally-prescribed and contractual obligations can be identified, analyzed, and judged, including Public Credit Information and Market Credit Information.

Public Credit Information refers to social credit information produced by State Organs, organizations authorized by laws or regulations to have public affairs management duties, mass organizations or other Public Credit Information Providing Units in the performance of their duties or provision of services in the corresponding administrative region.

"Market Credit Information" refers to Social Credit Information produced by social credit service establishments, financial institutions, as well as public institutions, social organizations, and other Market Credit Information Providing Units in the course of providing services.

Article 3: The municipal people's government shall strengthen leadership on the establishment of a social credit system, place the establishment of a social credit system within the Citizens' economic and social development plan, establish and complete mechanisms for coordination, systems of responsibility for meeting targets, and evaluation systems for the establishment of a social credit system, and do the overall work of promoting the establishment of a social credit system within that city. District people's governments shall follow the overall deployments of the municipal people's government, and are responsible for overall work of promoting the establishment of a social credit system within that district.

The competent departments for social credit designated by the municipal and district people's governments are responsible for the overall coordination, oversight, and management of the establishment of the social credit system, but where laws and regulations provide otherwise, follow those provisions.

Other relevant departments of the municipal and district people's governments are responsible for efforts related to establish the social credit system within the scope of their duties.

Article 4: The bodies responsible for the management of Public Credit Information that are designated by the municipal people's government are specifically responsible for the following work:

(1) The establishment and management of the municipal Public Credit Information platform and Social Credit Information resource pool;

(2) Organizing and drafting plans and policy measures related to the establishment of the social credit system;

(3) Screening, aggregating, organizing, and handling objections to Public Credit Information data;

(4) Providing basic services such as for inquiries into Public Credit Information, issuing social credit records, and so forth;

(5) Promoting the development and use of Public Credit Information'

(6) Cooperating with efforts to oversee and manage social credit information;

(7) Other work determined by competent municipal departments for social credit.

The Public Credit Information platform referred to in the preceding paragraph is the unified medium for city's aggregation, disclosure, use, oversight, and management of Public Credit Information.

Article 5: Activities such as aggregation, collection, sharing, and use of Social Credit Information shall comply with the principles of legality, objectivity, timeliness, and necessity; shall ensure information security and accuracy, 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 6: All aspects of society are encouraged to participate together in the establishment of the social credit system, increasing awareness of honesty and trustworthiness, carrying forwards a social attitude where the trustworthy are honored and the untrustworthy are ashamed.

Chapter II: Collection and Disclosure of Social Credit Information

Article 7: The unified social credit code system is implemented for the aggregation and use of Public Credit Information, with legal persons and organizations other than legal persons using a unified social credit number, and natural persons using citizen identification numbers and other proofs of identity as social credit codes; and natural persons' passports, residency permits, and other proofs of identity shall be linked to their social credit code.

The Public Credit Information of legal persons and organizations other than legal persons are to be directly linked to the personal Public Credit Information of their legal representative, principle responsible person, actual controller, person responsible for finance, and other primary managers, as well as other directly responsible persons, and entered into the personal Public Credit Information record of the persons described above.

Article 8: Catalogued management is implemented in the aggregation of Public Credit Information. Public Credit Information's providing units, information categories, collection frequency, scope of authority for use, period for recording, data format, and so forth are to be provided in the Public Credit Information Catalog.

The following information shall be included in the Public Credit Information Catalog:

(1) Basic information used to identify the Social Credit Entities;

(2) Criminal punishments, administrative punishments, compulsory administrative measures, and other information that reflects Social Credit Entities' credit status;

(3) Administrative permits, administrative determinations, administrative inspections, administrative expropriation, administrative payments, and other information that reflects Social Credit Entities' credit status;

(4) Information on the refusal to perform obligations set forth in effective legal documents;

(5) Acceptance of commendations and rewards, as well as participation in public interest or volunteer services;

(6) Other information that laws, regulations, or relevant competent state departments provide shall be entered into catalog management.

For information on administrative punishments of natural persons applying the simplified procedures, or information on violations by natural persons that are slight, where they actively eliminate or reduce the harmful consequences of violations, it is not to be entered into the Public Credit Information catalog, except where otherwise provided by laws, regulations, or rules.

Article 9: Draft Public Credit Information Catalogs organized and formulated by the competent municipal departments for social credit shall be released to public for solicitation of comments, made public on the municipal Public Credit Information platform after approval by the municipal people's government, and appropriately adjusted as needed for work.

Where the content of items included in catalog management might clearly impact Social Credit Entities' rights and obligations, as well as where the social impact is quite large, the municipal departments competent for social credit shall organize experts to conduct an assessment, and release it to solicit public opinions.

The municipal people's government is to separately draft measures for the compilation and drafting of Public Credit Information Catalogs.

Article 10: Public Credit Information Providing Units shall follow Provincial Public Credit Information Catalog to promptly, accurately, and completely provide Public Credit Information to the municipal Public Credit Information management bodies.

The municipal bodies for management of social credit shall promptly accept information sent by the Public Credit Information Providing Units; and shall promptly return information not complying with the requirements of the Public Credit Information Catalog to the Public Credit Information Providing Units for review and handling.

Measures on the provision and receipt of Public Credit Information are to be separately drafted by the municipal people's government.

Article 11: Public Credit Information Providing Units shall establish early warning mechanisms for minor untrustworthiness.

Before Public Credit Information Providing Units sent information on Social Credit Entities' untrustworthiness to the municipal bodies for management of Public Credit Information, they shall inform the Social Credit Entities in writing. Unless otherwise provided by laws and regulations.

Article 12: Where Public Credit Information needs to be proactively disclosed in accordance with law, the municipal bodies for the management of Public Credit Information shall promptly disclose it through the municipal Public Credit Information platform.

Article 13: Social Credit Entities have the right to make inquiries in accordance with provisions into Public Credit Information to the Public Credit Information Providing Units or through the Public Credit Information platform.

Social Credit Entities may use valid identification to request inquiries into their own Public Credit Information, and the relevant Public Credit Information Providing Units or municipal bodies for management of Public Credit Information shall provide the relevant information.

Inquiries into Public Credit Information that is not proactively disclosed requires obtaining authorization of the Social Credit Entities being inquired about, and making the inquiry to the Public Credit Information Providing Units or through the municipal Public Credit Information platform.

The municipal bodies for management of Public Credit Information shall draft and disclose norms for Public Credit Information inquiry services, and reasonably set up service windows for Public Credit Information inquiries, and provide easy and convenient inquiry services to the public.

Article 14: Administrative organs and organizations authorized by laws or regulations to have duties for the management of public affairs, are to make inquiries into Social Credit Information or purchase social credit services as required for performance of their work:

(1) Carrying out administrative permits, administrative inspections, and administrative punishment for larger 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) Recruiting state employees, making appointments to posts, or giving promotions, or in title appraisals;

(4) Commendations and rewards;

(5) Where public safety is involved and it is necessary to carry out follow-up risk analysis;

(6) Other situations as provided by the State, province, or city.

Other state organs and mass organizations are to refer to the preceding paragraph's provisions on inquiries into Social Credit Information and purchasing social credit services.

Article 15: Enterprises, public institutions, and other social organizations may lawfully record Market Credit Information produced in their own operational activities.

Collection of natural persons' Market Credit Information shall be upon those individuals' consent, and agreement on the uses of the information, and matters such as correcting and inquiring into the information; it must not be collected without the individuals' consent, except for information that laws and administrative regulations provide is to be disclosed.

Article 16: The collection of information on natural persons' religious faith, genetics, fingerprints, blood type, illnesses or medical history is prohibited, as well as other information which laws and administrative regulations prohibit the collection of.

The collection of nformation on natural persons' income, savings, negotiable securities, commercial insurance, and real estate, as well as information on taxes paid, is prohibited except where the Social Credit Entities have been clearly informed of the possible adverse consequences of providing this information, and obtaining their written consent.

 

Chapter III: Social Credit Incentives and Punishments

Article 17: The competent municipal departments for social credit shall organize and lead the Public Credit Information Providing Units to draft standards and procedures for designating trustworthy conduct and untrustworthy conduct; clarifying the matters, measures, and basis for incentives and punishments etc.; and release them to the public after reporting for approval from the municipal people's government.

Administrative organs and organizations authorized by laws and regulations to have public affairs management duties may establish social credit assessment mechanisms as required for their work, conducting hierarchical or categorical management of Social Credit Entities with specific measures to be separately drafted by the municipal people's government.

Article 18: The municipal body for the management of Public Credit Information is to rely upon the municipal Public Credit Information platform to establish a unified system for incentivizing trustworthiness and punishing untrustworthiness.

Administrative organs and organizations authorized by laws and regulations to have public affairs management duties shall establish network connections with the municipal Public Credit Information platform, making it so that untrustworthy Social Credit Entities are automatically sorted, automatically intercepted, automatically overseen, automatically punished, and automatically given feedback.

Article 19: Public Credit Information Providing Units may employ the following reward measures for trustworthy Social Credit Entities within the legally-prescribed scope of their authority:

(1) Support and facilitation such as priority handling, simplified procedures, or reduced inspection frequency in administrative management and public services;

(2) Preferential selection of targets where other conditions are equal in activities such as government procurement, bidding on government invested construction projects, subletting of government land use rights, allotment of public resources, selection for honors, and other government finance supports.

(3) Give appropriate policy supports based on relevant provisions to those engaged in non-profit civil projects;

(4) Give supports and facilitation to natural persons in education, employment, starting businesses, social security, and other areas;

(5) Other incentive measures as provided by the State, province, or city.

Article 20: Public Credit Information Providing Units shall employ the following punishment measures against untrustworthy Social Credit Entities within the legally-prescribed scope of their authority:

(1) List them for key oversight in administrative management;

(2) Not applying facilitation measures such as social credit pledges in administrative management;

(3) Make corresponding restrictions in government procurement, allotment of public resources, bidding on government invested construction projects, and other such activities;

(4) Restrict enjoyment of government funding subsidies, policy supports, as well as commendations and awards;

(5) Follow relevant provisions to restrict border crossing, restrict passage on high-level transportation, restrict purchase of real-estate, and high-spending as provided by the relevant competent departments;

(6) Follow relevant state provisions to restrict entry into specified markets, industries or carrying out of certain operations and activities;

(7) Other punitive measures that the Nation, province, or city provide may be employed;

Article 21: Where Social Credit Entities exhibit any of the following conduct, they shall be entered into the list of the seriously untrustworthy and punishment measures are to be employed severely:

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

(2) Acts that seriously disrupt the order of fair market competition and normal social order;

(3) Having the ability to perform obligations set forth in effective legal documents, but refusing to do so or escaping performance;

(4) Refusing to perform State obligations, endangering national defense interests;

(5) Other seriously untrustworthy conduct as provided by the State.

Article 22: The carrying out of punishment measures against Social Credit Entities shall correspond to the character, circumstances, and extent of societal harm of the Social Credit Entities' violations of legally-prescribed or contractual obligations, and be related to the matter of their violation' must not exceed the requirements, types, and scope provided by law; and written notice is to be given as to the basis and reasons for carrying out the punishment, the remedies, and requirements for removing the punishment measures.

Article 23: The municipal government is to establish a system of joint rewards and punishments, and carry out dynamic management of the joint reward and punishment catalog.

The catalog of joint rewards and punishments is to be compiled and drafted by the competent departments for social credit based on relevant national and provincial provisions, and is to include a list of conduct for rewards and punishments, a list of measures, and a list of units initiating joint rewards and punishments, joint implement units, feedback mechanisms, and other such content.

Article 24: Based on relevant standards, Public Credit Information Providing Units are to designate preliminary lists of targets of joint rewards for the trustworthy and joint disciplinary action in relevant industries and fields, and perform notification and announcement procedures for those have good trustworthiness or are seriously untrustworthy, in accordance with provisions. Where there are no objections or the objections are not sustained, it is to be disclosed to the public for a period of five years. Where the State has other provisions, follow those provisions.

Designation of targets of joint incentives for the trustworthy and joint disciplinary action for the untrustworthy shall implement uniform national standards or standards formulated by designated relevant provincial departments; in industries or fields where relevant national or provincial departments have not formulated standards, the competent municipal departments for social credit, together with relevant competent departments for those industries, are to formulate local designation standards for those industries, and, after releasing them to the public for solicitation of public comments and upon approval of the municipal people's government, are to publish them.

Article 25: For designated targets of joint incentives for the trustworthy and joint disciplinary action for the untrustworthy, Public Credit Information Providing Units shall use the incentive and punishment system to initiated joint rewards and punishments; relevant units shall respond within the provided period and give feedback on the rewards and punishment to the initiating unit; where not implementing joint rewards and punishments, a written explanation shall be given.

Article 26: Where more serious untrustworthy conduct of Social Credit Entities has not reached the designation standards for joint disciplinary action, the Public Credit Information Providing Units may put them on a key scrutiny list, and promptly transfer to the Public Credit Information Platform.

The effective period for the key scrutiny lists is 1 year. Where Social Credit Entities do not have further untrustworthy conduct occur during the effective period, they shall be removed from the key scrutiny list at the completion of the effective period; where further untrustworthy conduct does occur during the effective period, they shall be promptly transferred to the list of targets for joint disciplinary action for untrustworthiness.

Where Social Credit Entities have been entered in 3 or more industries' or field's key scrutiny lists within a 12 month period, the competent municipal body for management of Public Credit Information shall issue a public social credit warning after giving notice to the Social Credit Entities, with an effective period of 2 years.

Article 27: Municipal and district people's governments shall establish systems for social credit pledges, organizing drafting of a catalog of matters for social credit pledges, and carrying out dynamic management.

Where, based on the principle of voluntariness, Social Credit Entities make social credit pledges, it shall be a Public Credit Information record, and accept public oversight.

Article 28: Where during the course of administrative approvals, applicants make social credit pledges in accordance with article 27 of these Regulations, the administrative approval organ may simplify the approval workflow; and where the application materials are incomplete, but have the primary materials, permissive approval may be given after the applicant makes a social credit pledge.

Where social credit pledges are violated during administrative approvals, the administrative approval organ may directly include them in the list of targets for punishment of the untrustworthy.

Article 29: Market entities are encouraged to give benefits and facilitation to trustworthy Social Credit Entities and restrict the transactions of untrustworthy Social Credit Entities or increase transaction costs.

Each industry association shall strengthen the establishment of industry credit management.

 

Chapter IV: Protection of Social Credit Entities' Rights and Interests

Article 30: Implement a Public Credit Information security protection system.

The competent municipal departments for social credit, together with relevant departments, are to formulate relevant service and security management norms for activities such as the retention, comparison, organizing, and use of Public Credit Information, and sign related confidentiality agreements.

Public Credit Information Providing Units and the municipal bodies for the management of Public Credit Information shall establish and complete systems Public Credit Information security management , emergency response, and pursuit of responsibility, and employ security and confidentiality measures to ensure security throughout the entire processes of aggregation, retention, inquiries, disclosure, and use of Public Credit Information.

Article 31: Units engaged in Social Credit Information management and services, and their staffs, must not illegally provide, disclose, use, buy, or sell Social Credit Information, and must not alter, fabricate, disclose, or steal Social Credit Information.

Article 32: Social Credit Entities have the right to know about activities such as the aggregation, collection, and use of their Social Credit Information, as well as the information sources and reasons for changes of their social credit assessment.

Social Credit Entities have the right to obtain their own Public Credit Information from municipal bodies for the management of Public Credit Information, and may obtain their own social credit assessment situation through the provided procedures.

Article 33: Where Social Credit Entities feel that their are errors, ommissions, or other such situations in the aggregation, retention or provision of Public Credit Information; or where their commercial secrets, personal privacy, or other lawful rights and interests are violated; they may raise an objection application to the municipal bodies for the management of Public Credit Information. The municipal bodies for the management of Public Credit Information shall make a disposition based on the relevant provisions within 10 days, making corrections or deletions where it proves true, and informing the applicant.

During the period for handling an objection application, the municipal bodies for the management of Public Credit Information shall annotate the information subject to the objection.

Article 34: During the period for recording information on untrustworthiness, where Social Credit Entities have already lawfully corrected their untrustworthy conduct, and eliminated the negative impact, they may submit a request to the Public Credit Information Providing Units for social credit repair. Where eligible under the relevant provisions on social credit repair, the municipal bodies for management of Public Credit Information will no longer provide inquiries into the information on untrustworthiness, but must not delete the information on untrustworthiness. The specific methods for social credit repair are to be provided for separately by the municipal people's government.

Untrustworthy Social Credit Entities eligible under relevant provisions on social credit repair are are encouraged to repair their social credit through methods such as participating in social public interest service.

Article 35: Social Credit Entities may submit applications to the municipal bodies for management of Public Credit Information to not disclose commendations and awards, volunteer service, charitable donations, and other information on trustworthiness, and the municipal bodies for the management of Public Credit Information delete the information from the inquiry area of the municipal Public Credit Information platform and archive it for management.

Article 36: Where Public Credit Information exceeds the recording period provided for by the Public Credit Information catalog, it is no longer to be the basis for conducting social credit assessments and the municipal bodies for Public Credit Information management are no longer to provide that information in inquiry services.

Article 37: Public Credit Information Providing Units and the municipal bodies for Public Credit Information management shall establish and complete mechanisms for the protection of Social Credit Entities' lawful rights and interests, and publicly announce service numbers; accept requests for inquiries, obtaining, or objecting to Public Credit Information and for social credit repair, as well as applications to not disclose information on trustworthiness, and handle them promptly in accordance with law, and notify the applicant of the outcome.

The municipal people's governments is to separately draft provisions for handling applications for inquiries, obtaining, and objections; as well as applications to not disclose information on trustworthiness.

 

Chapter V: Development and Regulation of the Social Credit Service Industry

Article 38: The municipal and district people's governments shall formulate policies for the establishment of a social credit system and social credit service industry; promote the development of social credit services such as social credit counseling and social credit assessment and social credit sureties, social credit insurance, and other financial institution product innovations; cultivating the marketplace for social credit service establishments and social credit services.

Municipal finance is to arrange funds for the development of the social credit services industry, to support the establishment of the social credit system and the development of the social credit services industry.

Article 39: During work such as carrying out administrative approvals, government procurement, bidding on government invested construction projects, and dispersal of government support funds, administrative organs may purchase social credit services and products such as social credit counseling and social credit appraisals from social credit service establishments, and the necessary expenses are to be borne by the administrative organs.

When necessary, administrative organs carrying out oversight inspection activities during or after a matter, may purchase social credit services and products such as social credit counseling and social credit appraisals from social credit service establishments, and the necessary expenses are to be borne by the administrative organs.

Article 40: Administrative organs, mass organizations, public enterprises and public institutions are encouraged to strengthen cooperation with relevant enterprises and social credit service establishments during the provision of public services, and add on facilitation and benefits provided by relevant entities to social security cards and city resident cards based on the owners' social credit status.

Article 41: Social 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 Social Credit Entities.

Social 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 Social Credit Entities.

Article 42: The following social credit rating and assessment reports issued by social credit service establishments shall be sent by the unit using them to the municipal Public Credit Information platform.

(1) Social credit rating and appraisal reports issued in government procurement and bidding on government investment construction projects'

(2) Social credit rating and appraisal reports that administrative counterparts were requested to provide during the course of administrative management activities.

Article 43: The competent municipal departments for social credit shall conduct spot checks of the social credit ranking and assessment reports provided for in article 42 of these Regulations.

Where social credit service establishments are found to have issued false social credit ranking and assessment reports through spot checks, the competent municipal departments for social credit shall notify the competent industry department and enter them on the list of targets for joint disciplinary action, and relevant department must not purchase or use the social credit ranking and assessment reports that they issued in activities such as government procurement and bidding on government invested construction projects. The competent municipal departments for social credit shall draft provisions on designations for social credit ranking and assessment reports.

Where social credit service establishments have objections to the findings and outcome of spot checks, they may make a written objection application to the competent municipal departments for social credit, and the competent municipal departments for social credit shall verify and handle it within 10 days and respond in writing.

Article 44: The municipal people's government is to follow relevant state and provincial provisions to support relevant units in market development and use of Public Credit Information data aggregated and retained on the municipal Public Credit Information platform, so long as the lawful rights and interests of relevant rights holders are not harmed.

Article 45: Social credit service establishments are encouraged to send the Market Credit Information the have lawfully obtained and social credit assessments they have made of Social Credit Entities to the Public Credit Information platform in accordance with provisions on the management of credit reporting as well as other relevant laws and regulations.

Social Credit Entities are encouraged to use methods such as declarations, voluntary reporting, and social pledges to provide their own Social Credit Information to the municipal Public Credit Information Platform, and to ensure that the Social Credit Information is lawful, truthful, and complete.

Article 46: Social credit service establishments are encouraged to cooperate with social credit service establishments in the Taiwan region, to provide social credit services to compatriots and enterprises on both sides of the strait.

This city's social credit service establishments are supported in their active participation in international (non-mainland) cooperation, strengthening the influence of social credit service establishments.

Chapter VI: The Establishment of a Social Credit Environment

Article 47: Municipal, district, and township, (street) people's governments shall establish and complete systems for restraint and oversight of administrative operations, giving full play to the government's role in modeling and leading the establishment of a social credit system, increasing government credibility.

The municipal state organs and their staffs shall lawfully handle matters, obey laws and fulfill contracts in performing their duties as well as in the course of other production and life activities, and give play to a role as models in the establishment of the social credit system.

Article 48: The municipal and district people's governments, and their relevant departments, shall establish and complete mechanisms for evaluation of creditworthiness, oversight, and third-party assessment in government affairs.

The municipal and district people's governments, and their relevant departments, shall complete decision making mechanisms, advance openness of government affairs, strengthen creditworthiness management and education for employees of state institutions, establish and complete government affairs credit archives, carry out social credit incentives and punishments for relevant units and related responsible parties in accordance with legally-prescribed authority and procedures, and include fulfillment of agreements in government affairs and keeping promises in services in the government effectiveness assessment system.

Strengthen the establishment of creditworthiness in government affairs in areas such as government procurement, cooperation between government and societal capital, bidding and tendering, and government debt.

Article 49: Enterprises and public institutions, social credit service establishments, industry associations (chambers of congress), social groups, as well as other organizations, shall strengthen the establishment of their own social credit, obeying laws and regulations, obeying industry credit covenants and norms of professional ethics.

Article 50: Strengthen the establishment of the personal creditworthiness system, improve natural persons' creditworthiness records.

The competent departments for social credit shall, together with relevant departments responsible for industries, strengthen the establishment and management of credit for key practitioners in the industries. Relevant competent departments for industry shall establish social credit archives for key professions such as accountants, assessors, brokers, lawyers, news media, employment agencies, real estate intermediaries, car transport services, and so forth, and release these to the public in accordance with regulations.

Article 51: The municipal people's government is to organize drafting of a social credit education plan, and develop education on social morals, professional ethics, family virtues and individual morals; cultivating creditworthiness awareness.

Departments of education shall include creditworthiness education in student's ideological education, and carry out social credit education for students.

Article 52: The municipal and district people's governments, and their relevant departments, shall strengthen the establishment of a culture of creditworthiness, carrying out social credit themed activities, publicizing and spreading information about social credit, and carrying forward the traditional values of China.

All types of media shall publicize and promote examples of creditworthiness and creditworthy deeds, and expose untrustworthy conduct and incidents.

Chapter VII: Legal Responsibility

Article 53: Where Social Credit Entities feel that administrative acts in the aggregation or use of Public Credit Information and other public credit management activities violated their lawful rights and interests, they may apply for an administrative reconsideration or initiate administrative litigation in accordance with law.

During the period in which Social Credit Entities apply for administrative reconsideration or initiate administrative litigation, the Public Credit Information Providing Units and municipal bodies for Public Credit Information management shall promptly suspend the disclosure of relevant information.

Article 54: Where Public Credit Information Providing Units, municipal Public Credit Information management bodies, or their staffs, violate the provisions of these Regulations by any of the following conduct, the department in charge of Social Credit, or the departments prescribed by laws or regulations, are responsible for ordering corrections; where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be punished in accordance with law:

(1) Not following provisions to perform duties of aggregating, managing, and disclosing Public Credit Information;

(2) Illegally providing, disclosing, using, or selling Public Credit Information;

(3) Altering, fabricating, leaking, or stealing Public Credit Information;

(4) Not following provisions to handle matters such as Social Credit Entities' inquiry applications, handling of objections, social credit restoration, and so forth;

(5) Not establishing systems for Public Credit Information security management, emergency response, or pursuing responsibility; or not performing information security protection duties;

(6) Unlawfully implementing joint incentives for trustworthiness and joint disciplinary action measures for untrustworthiness.

Where the competent municipal departments for social credit and their staffs have any of the conduct provided for int he preceding paragraph, the supervision organs are to lawfully handle the directly responsible managers and other directly responsible personnel.

 

Chapter VIII: Supplementary Provisions

Article 55: This Regulation enters into force on June 1, 2019.

 

About China Law Translate 787 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*