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Xinjiang Social Credit Regulations

Promulgation Date: 2024-4-2
Title: Xinjiang Uyghur Autonomous Region Social Credit Regulations
Document Number:
Expiration date: 
Promulgating Entities: Standing Committee of the Xinjiang Uygur Autonomous Region People's Congress 
Source of text: https://www.xjpcsc.gov.cn/article/792cc63fef1b485a90252fd7535d9178

Contents

Chapter I: General Provisions

Chapter II: Establishment of the Social Credit System

Chapter III: Management of Social Credit Information

Chapter IV: Use of Social Credit information

Chapter V: Protections for the Rights and Interests of Credit Subjects

Chapter VI: Legal Responsibility

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: These Regulations are formulated on the basis of relevant laws and administrative regulations, together with actual conditions in this autonomous region, so as to establish the social credit system, regulate the management of social credit, increase the level of social credit, preserve the lawful rights and interests of social credit subjects, optimize the business environment, and cultivate and practice the Core Socialist Values.

Article 2: These Regulations apply to activities in this autonomous region’s administrative region such as the establishment of the social credit system, the management of Social Credit Information, the application of social credit, and the protection of social credit subject's rights and interests.

Where the laws or administrative regulations have other provisions on social credit, follow those provisions.

Article 3: “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 data that may be used to identify, analyze, and judge credit subjects’ social credit.

Article 4: The establishment of the social credit system shall follow the principles of overall planning and coordination, government promotion, joint societal construction, information sharing, and combining incentives and punishments.

Article 5: People's governments at the county level or above are to make overall plans for efforts on the advancement of the social credit system for that administrative reason, include the establishment of a social credit system in the citizen's economic and social development plan, establish mechanisms for coordination and advancement, include the funds necessary for the establishment of the social credit system in the fiscal budget for that level, and carry out assessments and evaluations.

Article 6: The reform and development departments of people's governments at the county level or above are the corresponding administrative regions' departments in charge of social credit, responsible for the overall coordination, oversight, and management of that administrative region's establishment of the social credit system.

The relevant departments, supervision commissions, people's courts, people's procuratorates, and so forth of people's governments at the county level or above are to complete efforts related to the establishment of the social credit system within the scope of their duties.

Article 7: The autonomous region people's government’s development and reform department shall strengthen the establishment and use of the autonomous region’s credit information sharing platform, integrate social credit information resources; establish mechanisms for sharing social credit information across departments, sectors, and regions; promote cooperation and openness between the municipal credit information platform and Basic Financial Credit Information Databases, and bring about interconnectivity and information sharing through the government affairs service platforms, Enterprise Credit Information Publicity System, as well as other important application systems.

Article 8: Encourage and support the entire society's participation in the establishment of the social credit system, promoting a culture of creditworthiness, participating in education on creditworthiness and credit oversight activities, increasing awareness of legal compliance and performance on contracts, and collectively raising the entire society's level of credit.

Chapter II: Establishment of the Social Credit System

Article 9: The autonomous region is to establish and complete a social credit system, strengthening the establishment of creditworthiness in key areas such as government affairs, commercial affairs, society, and judicial credibility, optimizing the whole society’s credit environment, and providing support for high-quality economic and social development.

Article 10: All levels of people's government shall advance the establishment of creditworthiness in government affairs, complete mechanisms for the restraint of power and oversight, strengthen the establishment of government affairs creditworthiness in fields such as government procurement, public private partnerships, project bidding, and government debt; establish systems for pursuing accountability for government untrustworthiness, and for monitoring and evaluating creditworthiness in government affairs; prevent and resolve risks of government untrustworthiness, and increase the level of creditworthiness in government affairs.

All levels of people's governments and their relevant departments shall perform the policy commitments and all types of contracts concluded in accordance with law, and enhance the level of transparency in decision-making, and increase government credibility.

All levels of people's government and their relevant departments shall strengthen creditworthiness education and management for public employees, giving play to the demonstrative and modeling role of the administrative organs and public employees in establishing the social credit system.

Article 11: People's governments at the county level or above and their relevant departments shall establish and complete credit management systems for business entities, strengthening the establishment of creditworthiness in commercial affairs in areas such as production safety, product quality, circulation of goods, finance, taxation, construction projects, transport, e-commerce, and intermediary services.

Business entities shall faithfully abide by the principle of honesty and credit in economic activities, operating with creditworthiness in accordance with law, respecting the spirit of contract, fulfilling commercial contracts, and jointly building a market environment of fair competition.

Business 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 on the building of credit management.

Article 12: All levels of people's governments and their relevant departments shall advance the establishment of social creditworthiness, innovating methods for credit management in social governance, and enhancing the establishment of societal creditworthiness in areas such as labor protections, intellectual property rights, social security, education and research, medical care, culture and travel, the environment, and internet application services; and members of society shall treat each other with sincerity, have credit as a foundation, and keep promises, to promote the improvement of social civility and bring about social harmony and stability.

Article 13: All levels of people's governments and their relevant departments, and social organizations shall organize and carry out activities to demonstrate and create credit, establishing creditworthy markets, neighborhoods, businesses, and units, establishing examples of creditworthiness, and creating a trustworthy social environment that understands and uses credit.

Article 14: All levels of people's governments shall carry out education on social mores, professional ethics, family values, and personal ethics for the entire society, and establish a culture of creditworthiness. The relevant departments shall carry out creditworthiness education activities for every industry and field.

Media such as newspapers, radio, television, and the internet shall spread and popularize awareness of social credit, advocate a culture of creditworthiness, publicize advanced examples of honesty and trustworthiness, and conduct public opinion oversight on conduct that harms the lawful rights and interests of credit subjects to enhance public awareness of credit and create a public opinion environment and social atmosphere of creditworthiness.

Article 15: Judicial organs shall strengthen the establishment of judicial credibility, strengthen internal oversight, improve restraint mechanisms, strictly follow judicial fairness, and increase judicial credibility to preserve the authority of law and social fairness and justice.

Organizations such as for arbitration, law firms, notary offices, forensic evaluation, and basic level legal services bodies shall strengthen their own credit establishment, and practice fairly and justly in accordance with law, and their staff shall practice in a creditworthy and regular way.

Article 16: People's governments at the county level or above shall draft policy measures for the development of the credit service industry, foster and regulate the healthy and orderly development of the credit services industry, support credit service establishments’ business activities such as credit management, consultation, grading and assessment, and risk control, to provide society with credit products and services.

The development and reform departments of people's governments at the county level or above, in conjunction with relevant departments, are to strengthen oversight and management of credit service establishments and complete credit record mechanisms for credit service establishments and practitioners.

Article 17: The credit service industry organizations are encouraged to strengthen self-discipline and management, promoting the drafting of standards, technical specifications, and management specifications related to credit services, and compiling and publishing reports on the development of the industry.

Chapter III: Management of Social Credit Information

Article 18: Social Credit Information includes Public Credit Information and Non-Public Credit Information.

Public Credit Information refers to Credit Information produced or acquired in the course of the lawful performance of duties or provision of services by state organs or organizations authorized by laws or regulations to have public affairs management functions (hereinafter collectively referred to as Public Credit Information providing organizations).

Non-public Credit Information refers to credit information produced or acquired by credit service establishments, industry associations and chambers of commerce, or other and other enterprises, public institutions, and organizations or natural persons, during the course of their production and business activities, as well as information provided by credit subjects about themselves through means such as statements, self-declarations, or social pledges.

Article 19: Activities such as the recording, collection, aggregation, sharing, disclosure, inquiring into and application of Social Credit Information shall comply with the principles of legality, objectivity, propriety, necessity, prudence, and security, and must not endanger national sovereignty, security, and developmental interests; must not infringe on public safety or the public interest, and must not infringe the lawful rights and interests of citizens, legal persons, and other organizations.

Article 20: A cataloged management system is to be implemented for Public Credit Information. While enforcing the National Basic Catalog of Public Credit Information, where local regulations have supplemental provisions on the scope of Public Credit Information, the autonomous region city prefecture (municipality) people's governments' reform and devolpment commission may, in conjunction with relevant departments, compile a supplemental catalog of Public Credit Information for use in that administrative region, and update it at appropriate times.

Public comments shall be solicited in the compiling and updating of the supplemental directories of Public Credit Information. and they shall be publicly announced after being reported for approval to the people's governments at that level. Prefecture (municipality) people’s governments’ reform and development commissions that compile or update supplemental directories of Public Credit Information shall further report for filing to the autonomous region people's government's reform and development commission.

Article 21: Public Credit Information providing organizations shall record, store, and aggregate Public Credit Information in accordance with the Public Credit Information Catalog, establish mechanisms for reviewing Public Credit Information; promptly, accurately, and completely provide it to the Public Credit Information Sharing Platform, and take responsibility for its legality, truthfulness, accuracy, and completeness.

Article 22: Public Credit Information shall be disclosed through means such as lawful announcement, government affairs sharing, and authorized queries, with the specific means of disclosure to be clarified by the Public Credit Information providing organizations.

The credit information sharing platform and Public Credit Information providing organizations shall display Public Credit Information to the public in accordance with laws, regulations, and the Public Credit Information catalog.

Public Credit Information obtained through government affairs sharing or by official inquiries must not be used by Public Credit Information providing organizations beyond the scope of performing their duties or disclosed without authorization.

Article 23: Encourage credit service establishments, industry associations and chambers of commerce, and other enterprises and public institutions or organizations and natural persons to provide non-Public Credit Information to the autonomous region credit Information sharing platform.

Those providing non-public credit information shall be responsible for the legality, authenticity, and accuracy of the credit information they provide.

Article 24: The collection of non-public credit information shall be conducted in accordance with law, and where natural persons’ personal information in involved Where laws such as the Personal Information Protection Law and administrative regulations provide otherwise, follow those provisions.

Article 25: The display, sharing, and inquiries into Non-Public Credit Information may be through proactive disclosure by the credit subject, authorized inquiries, or other agreed-upon methods.

Article 26: The autonomous region’s reform and development commission shall draft and publish specifications for the release and inquiries into Social Credit Information; and provide free and convenient inquiry services to the public through websites, mobile terminals, service portals, and other channels.

Article 27: The following Social Credit Information security management duties shall be performed for the recording, collection, aggregation, storage, and disclosure of Social Credit Information:

(1) Establish Social Credit Information security management mechanisms;

(2) Establish standardized systems for inquiries into Social Credit Information, clarifying the scope of authority and procedures for inquiries;

(3) Ensure that data storage equipment meets the state requirements for computer system security, to ensure data and information security;

(4) Comply with other national and autonomous region regulations on information security.

Article 28: The following acts endangering the security of Social Credit Information must not be carried out by any organizations or individuals:

(1) Making improper inquiries into Credit Information;

(2) Recording, collecting, aggregating, storing, displaying, sharing, or using credit information beyond the scope agreed to with the credit subject;

(3) Stealing, altering, fabricating, or improperly deleting credit information;

(4) Leaking credit information for which there is no authorization for disclosure;

(5) Leaking Credit Information related to state secrets, commercial secrets, and personal privacy;

(6) Illegally buying or selling credit information;

(7) other acts prohibited by laws or regulations.

Chapter IV: Use of Social Credit information

Article 29: As needed for the performance of their duties, Public Credit Information providing organizations are to utilize credit information in accordance with law.

Industry associations, chambers of commerce, and business entities are encouraged to use credit information in industry self-discipline, production, and business activities.

Article 30: All levels of people's government and their relevant departments shall advance the credit pledge system, including credit pledges and their performance in credit subjects' credit information records and disclosing it to the public, to establish and improve mechanisms for credit subjects’ self-restraint and self-management.

Ecourage credit subjects to proactively make pledges to the public, support industry associations and chambers of commerce to establish and complete systems for internal industry credit pledges.

Article 31: On the basis of relevant state provisions, the reform and development commissions of people's governments at the county level or above are to integrate all types of credit information and carry out comprehensive assessments of business entities’ public credit information that have full-coverage, are standardized, and are for the public interest.

Within the scope of their authority, Public Credit Information providing organizations are to use the results of comprehensive public credit information assessments to make industry credit assessments of credit subjects. The industry regulatory departments are to employ differentiated oversight measures for credit subjects based on the results of credit assessments.

Article 32: The reform and development departments of people's governments at the county level or above shall establish mechanisms for joint social credit rewards of trustworthiness and joint punishments for untrustworthiness, to strengthen praise and rewards for the trustworthy conduct and restraint and punishment for untrustworthy conduct, in accordance with law.

The reform and development departments of people's governments at the county level or above are responsible for efforts on the regulation, oversight, and management of measures to reward trustworthiness and punish untrustworthiness; other relevant departments are responsible for carrying out measures to reward trustworthiness and punish untrustworthiness.

Article 33: Untrustworthy conduct brought on by natural disasters, accidents, public health incidents, societal safety incidents, foreign emergencies, and so forth, as well as incidental minor untrustworthy conduct lacking subjective intent shall be leniently and cautiously designated, recorded, and punished.

Article 34: The implementation of reward measures for the trustworthy shall correspond to the credit subject's trustworthy conduct and the degree of their contribution to society.

The implementation of punishment measures for untrustworthiness shall correspond to the nature and circumstances of the credit subjects’ untrustworthy conduct and to the extent of societal harm, and notice shall be given of the facts, basis. and reasons for the punishment measures, and of the rights enjoyed by the parties in accordance with law and the channels for remedies.

Article 35: Credit subjects with no records of untrustworthiness that have any of the following trustworthy conduct may be the targets for incentives for trustworthiness:

(1) They have received a commendation or award from a state organ at the county level or above or from organizations authorized by laws or regulations to have public affairs management duties, or received an honorific title;

(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 circumstances for which they may be listed as targets of incentives for trustworthiness.

Article 36: Public Credit Information Providing organizations may employ the following reward measures for trustworthiness within the legally-prescribed scope of their authority:

(1) Giving facilitated services such as priority handling, permissive acceptance, or condensed review and approval in implementing administrative management and public services;

(2) Reasonably reduce inspection rates and reduce inspection frequencies in routine oversight and management and special inspections;

(3) Give credit points and credit level promotions in exchanges of public resources;

(4) Have guarantee deposits waived when participating in bidding and tendering on government funded projects;

(5) Where other requirements are equal, make them priority choices for award selections;

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

(7) Other incentive measures.

The implementation of a list management system for incentive measures is encouraged.

Article 37: Public Credit Information providing organizations' recording of information on credit subjects' violations of legally-prescribed obligations, non-performance on contractual obligations, or not fulfilling pledges shall be based on the following documents:

(1) Effective judgment or arbitration documents;

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

(3) Other documents that laws, regulations, or the state provide may be the basis for a finding of untrustworthy conduct.

Article 38: Punishments for untrustworthiness are to implement a list management system. While implementing the National Basic List of Punishment Measures for Untrustworthiness, the autonomous region and prefecture (municipal) people's governments and the reform and development departments may, in conjunction with relevant departments, follow the procedures provided by the state to draft and update supplementary lists of punishments for untrustworthiness for use in that administrative region based on local regulations.

The supplemental list of punishments for the untrustworthy shall be restricted to the following scope:

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

(2) Making related restrictions in the enjoyment of government funding programs and government benefit policies;

(3) Listing them as key subjects for regulation in routine oversight and management, and increase the frequency of inspections;

(4) Subtracting credit points or reducing credit levels in exchanges of public resources;

(5) Making corresponding restrictions in evaluation for awards;

(6) Information on other punishment measures for untrustworthy conduct as provided by local regulations.

Article 39: When credit subjects have any of the following situations, they shall be entered into the list of seriously untrustworthy entities:

(1) Acts that seriously endanger 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) Refusing to perform on legally prescribed obligations and seriously impacting the credibility of the judicial or administrative organs;

(4) Refusing to perform national defense obligations or other serious illegal untrustworthy conduct;

(5) Other serious untrustworthy conduct as provided for in other laws, regulations, or state provisions.

The standards and procedures for designations for the lists of seriously untrustworthy entities are to enforce laws, administrative regulations, or national provisions, and must not increase or expand them without authorization.

Article 40: Where a legal person or unincorporated organization is entered into the list of seriously untrustworthy entities, when recording the organization’s serious untrustworthy conduct, the legal representative or principal responsible person, and actual controller’s information shall also be indicated.

Where laws or regulations provide punishments for the organization’s legal representative, principle responsible person, or actual controller, they shall be enforced in accordance with laws and regulations.

Chapter V: Protections for the Rights and Interests of Credit Subjects

Article 41: The Public Credit Information providing organizations shall establish and complete systems for protecting credit subjects' rights and interests; establish and improve mechanisms for addressing objections to credit information, credit restoration, and ensuring the lawful rights and interests of credit subjects.

Where credit subjects call for not disclosing information on their commendations, rewards, volunteer service, charitable donations, samaratinship, or other information on trustworthiness, this shall be respected and it is not to be disclosed.

Article 42: Credit Subjects have the right to know about the conditions of their Social Credit Information, as well as the sources of information contained in their credit reports, and the reasons for any changes.

Public Credit Information providing organizations such as those that record, collect, aggregate, store,or disclose Social Credit Information, shall employ measures such as providing free inquiry services to safeguard credit subjects’ right to know. Inquiries into Social Credit Information that is not public shall be upon the consent of the credit subject, and through agreed-upon channels.

Article 43: The services provided to all credit subjects by any organization or individual 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 44: The period for displaying untrustworthy information on administrative punishments is normally not to be less than 3 months and not exceed 3 years, and the display is to stop when the display period is completed. The display period for information on administrative punishments involving the food, drug, special equipment, production safety, or fire safety sectors is normally not to be less than 1 year; but where laws, regulations, and rules provide otherwise, follow those provisions.

The display period for other information on untrustworthiness is to be implemented in accordance with relevant laws and regulations.

Article 45: Where Credit Subjects feel that there are errors, ommissions, or other such situations in Social Credit Information, or where credit subjects’ lawful rights and interests are violated; they may raise an objection application and submit evidence materials to the organization that provided or aggregated the Social Credit Information.

Where credit subjects feel that comprehensive public credit assessments and industry assessments are improper, they have the right to raise objections and request corrections.

After the objections are received, the unit receiving them shall promptly address them and inform the objector of the outcome within 7 working days; and where the decision is not to make a correction, the reasons shall be explained.

Article 46: Where untrustworthy entities proactively correct untrustworthy conduct and eliminate the adverse impact, they may apply for credit restoration after the completion of the minimum display time, except for information on untrustworthiness that laws, regulations, or State provisions provide cannot be restored. The organization that receives the application for credit restoration shall grant restoration in accordance with provisions.

Article 47: Where organizations such as those that that record, collect, aggregate, store, or disclose Social Credit Information make changes to Public Credit Information that has already been shared, they shall promptly share the corrected Public Credit Information.

Where the display of information on untrustworthiness is stopped for reasons such as the display period being completed, credit restoration, or its having been withdrawn by a state organ; the Public Credit Information providing units, credit service establishments, enterprises, public institutions, and so forth that collected or used that credit information shall stop using that credit information and promptly delete the information on untrustworthiness from platforms providing services externally.

Chapter VI: Legal Responsibility

Article 48: Where the reform and development departments and other Public Credit Information providing organizations have any of the following conduct, the relevant department in charge is to order that corrections be made in a set period of time; and where the corrections are not made in time, the responsible leaders and directly responsible personnel are to be punished according to law; and where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

(1) Failure to perform duties to aggregate, disclose, share, or inquire into Public Credit Information as provided, or recording, disclosing, or sharing Public Credit Information that is not in the Public Credit Information Directory in violation of laws and regulations;

(2) Failure to establish information security and confidentiality systems as provided or failure to perform information security management duties, endangering the security of Social Credit Information;

(3) Alteration, fabrication, concealment, disclosure, theft, illegal sale or purchase, or illegal and improper deletion of Social Credit Information;

(4) Failure to carry out rewards for trustworthiness and punishment measures for untrustworthiness, or carrying out punishments that are not on the list of punishments measures for untrustworthiness, or increasing their severity, in violation of laws and regulations;

(5) Making designations for the list of seriously untrustworthy entities that are not in accordance with the designation standards and procedures.

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

(7) Other abuses of authority, twisting the law for personal gain, or dereliction of duty.

Article 49: Where entities providing non-public credit information credit service establishments, industry associations and chambers of commerce, and other enterprises, public institutions, organizations, and natural persons have any of the following conduct, the reform and development department or relevant department of a people's government at the county level or above is to order corrections in accordance with their management authority, confiscate unlawful gains, and concurrently fine the unit between 50,000 and 100,000 RMB or, where the circumstances are serious, between 100,000 and 200,000 RMB; the directly responsible staff are to be fined between 10,000 and 30,000 RMB or, where the circumstances are serious, between 30,000 and 100,000 RMB; where harm is cased to credit subjects' lawful rights and interests, civil responsibility is to be borne in accordance with law, and where a crime is constituted, criminal responsibility is to be pursued in accordance with law:

(1) illegally collecting, aggregating, obtaining, buying, or selling Credit Information;

(2) Disclosing, altering, or fabricating credit information;

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

(4) Undertaking business through methods such as false publicity or promising assessment levels;

(5) Making malicious assessments of credit subjects.

Article 50: For other conduct in violation of these Regulations for which legal responsibility shall be borne, procede in accordance with relevant laws and regulations.

Chapter VII: Supplementary Provisions

Article 51: These regulations shall come into force on October 1, 2024.

 

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