Zhejiang Provincial Regulations on the Management of Public Credit Information

Zhejiang Provincial Regulations on the Management of Public Credit Information

2017-10-11 06:00

Contents

Chapter I: General Provisions

Chapter II: Accumulation and Disclosure of Information

Chapter III: Incentives and Punishments

Chapter IV: Protection of Information Subjects' Rights and Interests

Chapter V: Legal Responsibility

Chapter VI: Supplementary Provisions

Chapter I: General Provisions

Article 1: These regulations are formulated on the basis of relevant laws, administrative regulations, and State Council provisions, together with that actual conditions of the Province, so as to standardize the accumulation, disclosure, and use of public credit information, and to incentivize creditworthiness and punish those who break credit, creating an environment of social integrity and reducing the costs of social governance and market transactions.

Article 2: These Regulations apply to the aggregation, disclosure, and use of Public Credit Information, and the management activities thereof, within the administrative region of this Province.

The accumulation, disclosure, and use of Public Credit Information and management activities thereof, shall comply with the principles of lawfulness, security, timeliness, and accuracy, and must not infringe upon state secrets, commercial secrets and personal privacy.

Article 3: The accumulation, disclosure, and use of Public Credit Information and management activities thereof, shall comply with the principles of lawfulness, security, timeliness, and accuracy, and must not infringe upon state secrets, commercial secrets and personal privacy.

Article 4: People's governments at the county level or above shall put 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 public credit in each industry and field within the administrative region, cultivating and regulating the credit services market, coordinating the resolution of major problems in the establishment of social credit.

Article 5: The Provincial Reform and Development Department is responsible for the overall coordination of the management of Public Credit Information for the entire province, and their subordinate bodies they for public credit work (hereinafter simply provincial public credit work body) are specifically responsible for Public Credit Information handling, disclosure, use or service efforts for the entire province.

The departments designated by people's governments of districted cities, counties (cities, districts) (hereinafter collectively comprehensive departments for public credit) are responsible for the comprehensive coordination of Public Credit Information management within that administrative region.

The public data working bodies designated by people's governments at the county level or above are specifically responsible for the accumulation of Public Credit Information.

Article 6: State organs and their staffs shall perform their duties in accordance with law, raise the level of awareness regarding legal compliance and contract performance, and play an exemplary role in the construction of the social credit system.

The public shall follow the relevant laws, regulations, and rules to perform on contracts and fulfill obligations, making honesty and creditworthiness, the entire population's conscious code of conduct.

Article 7: State organs, industry associations (chambers of commerce) enterprises, schools, basic level mass autonomous organizations and other such units shall carry out efforts to publicize and popularize public credit.

Each unit is encouraged to establish a system of credit management and education, organizing the signing of credit commitment letters on entry to the field, and carrying out training on credit information and activities creating trustworthiness, and foster a culture of unit credit.

Article 8: Radio, television, newspapers, and new media shall give play to their role in guiding public opinion and publicity, carrying forward a culture of creditworthiness and the spirit of contract.

Chapter II: Accumulation and Disclosure of Information

Article 9: The Provincial Public Credit Work Body is to establish credit archives on information subjects with the uniform social credit number as their identifier. The content of credit archives is divided into basic information, negative information, and information on trustworthiness.

Negative information as used in these Regulations refers to Public Credit Information that has a negative impact on the credit status of information subjects.

Article 10: The following information of credit subjects shall be entered into their credit archives as basic information:

(1) Legal persons and unincorporated organizations' (including individual economic organizations) matters for registry or registration with relevant state organs; and the names, identification numbers, entry/exit document numbers and other identification information of natural persons.

(2) Administrative permit information;

(3) Other information that laws, regulations or rules provide shall be accumulated as basic information.

Article 11: The following information on information subjects shall be recorded as negative information in their credit archive:

(1) Information on administrative permits, administrative confirmations, administrative payments, and administrative rewards acquired through improper methods such as fraud or bribery;

(2)Information on administrative punishments for which an administrative reconsideration or administrative lawsuit was not raised in the legally-prescribed time period, or which were ultimately sustained through administrative reconsideration or administrative litigation, except for those made through the simplified procedures;

(3) Information on crimes held to be established in an effective judicial verdict.

(4) Information on administrative compulsory enforcement for non-performance on administrative decisions;

(5) Information on non-performance on effective legal documents such as judgments or rulings;

(6) Other negative information lawfully identified as violations of laws, regulations, or rules.

Article 12: The provincial reform and development department, together with the provincial level Public Credit Information providing units, are to follow the provisions of these Regulations to jointly formulate and periodically update a catalog of provincial Public Credit Information, clarifying the specific items of Public Credit Information that each industry and field is required to record in the credit archives. Those that laws and regulations provide are to be recorded in credit archives, shall be included in the provincial Public Credit Information catalog.

The provincial reform and development department is to put together a draft of the provincial Public Credit Information catalog, and shall release it to the public for solicitation of opinions. Where there are larger disagreements over specific items that are to be included in the Provincial Public Credit Information Catalog or where they might have a larger social impact, the provincial reform and development department shall organize an assessment together with the provincial level Public Credit Information providing units, and hear the opinions of sides such as relevant group representatives and experts.

After the provincial Public Credit Information catalog is formed, it is to be published publicly by the Provincial Reform and Development Department.

Article 13: Provincial-level Public Credit Information providing units shall follow Provincial Public Credit Information Catalog to promptly, accurately, and completely accumulate that industry or field's Public Credit Information, and report them to the province's public data working body. Public Credit information providing units are responsible for the authenticity, accuracy, and integrity of the information they report. Follow the provincial government's provisions on the administration of public data and electronic government affairs for specific measures for accumulating and reporting Public Credit Information.

Provincial public data work bodies shall provide the provincial public credit work bodies with the Public Credit Information they accumulate.

Within five working days of receiving Public Credit Information provided by the public data working body, the provincial public credit work bodies shall compare, integrate, form, or update the information subjects' credit archives.

Article 14: The accumulation of information on natural persons' religious faith, genetics, fingerprints, blood type, illnesses or medical history is prohibited, as well as other information on natural persons which laws and administrative regulations prohibit the accumulation of.

Without their written consent, information on natural persons' income, savings, negotiable securities, commercial insurance, and real estate; as well as information on taxes paid; must not be accumulated.

Article 15: Legal persons and unincorporated organizations' Public Credit Information is to be disclosed through means such as public release or public affairs sharing and inquiries.

Natural persons' Public Credit Information is to be disclosed by means of public affairs sharing and inquiries, and is not to be publicly released except as clearly provided by laws or regulations.

Article 16: The period for retaining and disclosing negative information is five years, calculated from the day on which the negative conduct occurred or an incident was identified, but for those lawfully given a punishment of deprivation of physical liberty, it is calculated on the day on which enforcement of that penalty is completed. Where information subjects who are entered onto the list of the seriously untrustworthy have not been removed from that list when the period for retention and disclosure of negative information is completed, the period is extended until the day they are removed from the list of the seriously untrustworthy. Where laws, regulations, or relevant State provisions have different provisions on retention and disclosure periods, follow those provisions.

After the period for retention and disclosure of negative information is complete, that information shall be promptly deleted from the credit archive. Unless otherwise provided by laws and regulations.

Article 17: The Provincial Public Credit Work Body shall go through the Public Credit Information Service Platform to publicly disclose Public Credit Information that shall lawfully be made public.

Article 18: The Provincial Public Credit Work Body shall provide Public Credit Information government affairs sharing services to districted city's and counties' (cities', districts') comprehensive departments for construction of public credit and to the provincial-level Public Credit Information providing units, corresponding to their needs for performing their duties. Follow the relevant provisions from the State Council and the provincial people's government for specific measures for implementing government affairs sharing.

Article 19: The Provincial Public Credit Work Body and districted cities' and counties' (cities' , districts') comprehensive departments for construction of public credit shall reasonably set up inquiry windows for Public Credit Information.

Inquiries into Public Credit Information may be made through the provincial Public Credit Information service platform as well as the Public Credit Information inquiry windows. Fees must not be collected for providing inquiry services.

Those making inquiries into natural persons' Public Credit Information shall provide the inquiring parties valid identity documents and proof of authorization from the party being inquired about.

Article 20: The Provincial Public Credit Work Body, districted cities' and counties' (cities' , districts') comprehensive departments for construction of public credit, and all levels of public data work bodies and Public Credit Information providing units, shall formulate security management and secrecy systems, strengthening security management in the reporting, accumulation, recording, disclosure, and use of Public Credit Information. The Provincial Public Credit Work Body shall truthfully record the circumstances of Public Credit Information inquiries, and store these for 10 years from the date on which the record is formed.

Each unit involved in the preceding paragraph, and its staff, shall comply with the security management and secrecy system, must not violate the provisions by providing any unit or individual with information on an information subject that is not publicly disclosed,and must not leak information related to state secrets, commercial secrets and personal privacy.

All units and individuals have the duty to preserve the secrecy of information subjects' non-publicly disclosed information that they have acquired through lawful inquiries or other channels, and must not publicly disclose it or provide it for use by third-parties without authorization from the information subject.

Chapter III: Incentives and Punishments

Article 21: All levels of government organ shall lawfully make inquiries into information subjects' credit archive in routine supervision and management, administrative permitting, assessment of qualification levels, government procurement, bidding on government investment projects, financial support, public resource trading, import/export management, regular inspections, hiring of state employees, commendations and awards, and other such work.

Article 22: All levels of government organ may follow state provisions in carrying out incentives for trustworthy entities in administrative permitting, finance capital and project support, public resource trading and other such areas.

Financial institutions are encouraged to give preference or facilitation to information subjects they have identified as having a positive credit status, in areas such as borrowing, fees and interest rates, and methods of repaying loans.

Other market entities are encouraged to give preference or facilitation to information subjects they identify as having a positive credit status.

Article 23: Administrative organs may employ the following oversight and management measures for negative information subjects:

(1) List them as subjects for key review in carrying out administrative permitting:

(2) revoke currently enjoyed administrative facilitation measures in administrative management;

(3) list them as key subjects for oversight and inspections and strengthen site inspections, in routine oversight and management;

(4) Other oversight and management measures that the State and Province provide may be employed.

Article 24: Where information subjects have any of the following negative information, the state organs may enter that information subject onto the list of the seriously untrustworthy, and the Provincial Public Credit Work Body shall disclose the list of the seriously untrustworthy to the public through the provincial public credit information service platform:

(1) Information on administrative permits that impact physical health and safety being acquired by improper means such as fraud or bribery and being revoked in accordance with law;

(2) Information provided for in article 11 items 2 and 3 of these Regulations, produced by conduct that caused harm to physical health and safety, seriously disrupted market economic order, and social management order, or conduct endangering national defense interests;

(3) Information on refusals to perform on effective legal documents;

(4) Other relevant information that laws and regulations provide shall have the information subject entered onto the list of the seriously untrustworthy.

Administrative permits or conduct that impact or harm physical health or safety, as referred to in items 1 and 2 of the preceding paragraph, includes administrative permits or conduct in areas such as food and drugs, ecological environment, construction quality, safe production,and fire safety.

Conduct seriously disrupting of marketplace economic order and social management order as used in item 2 of the first paragraph of this article includes commercial bribery, tax evasion, tax fraud, malicious debt avoidance, malicious non-payment of wages, illegal fund raising, contract fraud, pyramid schemes, unlicensed business operations, sale of fake or shoddy goods intentional encroachment of intellectual property rights, collusion in bidding, false advertising, gather to disrupt social order, or other such conduct.

Conduct endangering national defense interests as referred to in item 2 of the first paragraph of this article includes refusal to perform national defense obligations, such as refusing or avoiding military service, refusing or delaying the expropriation of civil-use resources or impeding the modification of expropriated civil-use resources, and other such conduct.

Where state organs decide to enter an information subject onto the list of the seriously untrustworthy, they shall draft a written decision. The written decision shall be signed by the responsible party for that organ.

Article 25: The conditions for entry and removal from the list of the seriously untrustworthy, as well as the period for disclosure, is to be determined and announced by the relevant provincial-level state organs in accordance with relevant State provisions, and report this to the Provincial Reform and Development Department.

All levels of state organ shall follow their industry or field's requirements for entry and removal from the list of the seriously untrustworthy, as well as the requirements for regulating the establishment of the credit system; to independently, fairly, and objectively confirm the list of the seriously untrustworthy.

Article 26: State organs may employ the following punitive measures against information subjects entered onto the list of the seriously untrustworthy,

(1) Limiting participation in government purchasing, government investment program bidding, state-owned land bidding, auctions,or listings, or other public resource trading activities;

(2) Implementing measures to exclude (expel) them from markets or industries;

(3) Limiting participation in infrastructure and public utility operations activities;

(4) Restricting high-spending;

(5) restricting qualifications to hold positions;

(6) Restricting enjoyment of financial subsidies and other policy supports;

(7) Restricting participation in all kinds of commendation and award activities organized by state organs;

(8) revoking relevant honorific titles;

(9) Other punitive measures that laws regulations, rules, or state and provincial provisions allow may be employed.

The punitive measures provided for in items (1)-(5) of the preceding paragraph are implemented on the basis of laws and administrative regulations; the punitive measures provided for in items (6)-(8) are implemented on the basis of laws, regulations, rules, and relevant state and provincial provisions.

Article 27: Where, as a result of seriously untrustworthy conduct, legal persons and unincorporated organizations are entered onto the list of the seriously untrustworthy, information on the legal representative,principle responsible person, and persons with actual control with regard to the conduct shall be indicated on the list of the seriously untrustworthy. State organs may lawfully employ punitive measures against the legal representative, principle responsible person, and persons in actual control.

Article 28: Before state organs follow these Regulations to enter an information subject onto the list of the seriously untrustworthy, they shall inform the information subject of the reasons and basis for entry onto the list, where it is decided to employ punitive measures against an information subject on the list, they shall be informed of the reason, basis, and avenues for redress, as well as the requirements for having the penalties removed. The information subject has the right to make statements and justifications.

Punitive measures employed by state organs against information subjects shall correspond to the nature, circumstances, and extent of social harm of the information subject's conduct.

After state organs enter information subjects onto the list of the seriously untrustworthy, the relevant punitive measures shall be disclosed to the public. Punitive measures that have not been announced to the public must not be employed.

Chapter IV: Protection of Information Subjects' Rights and Interests

Article 29: The fabrication or alteration of Public Credit Information is prohibited, and violation state provisions to acquire or sell Public Credit Information is also prohibited.

Article 30: Where information subjects feel that Public Credit Information disclosed by Provincial Public Credit Work Body has errors or omissions, that it is still being disclosed beyond the period for retention and disclosure, that they have been entered onto the list of the seriously untrustworthy even though they do no meet the requirements for inclusion, or that they have not been removed from the list, they may submit an objection to the Provincial Public Credit Work Body. Where information subjects submit an objection, the Provincial Public Credit Work Body shall make a note of the objection, and handle it in accordance with the following provisions after verification:

(1) Where there is truly an error in the data, delete it;

(2) Where the information has typographic errors, correct them;

(3) Where there are omissions, supplement them;

(4) Where information is still being released beyond the period provided by these Regulations, stop the disclosure;

(5) Where one not meeting the requirements for inclusion in the list of the seriously untrustworthy was included on, or not removed from, the list, remove them from the list.

Where information entities are not satisfied with the handling of an objection, they may apply for a review to the Provincial Reform and Development Department.

The Provincial Public Credit Work Body, and the Provincial Reform and Development Department shall publicly announce the telephone number, email, and website for acceptance of objections and applications for review.

Article 31: The Provincial Public Credit Work Body and the Provincial Reform and Development Department shall complete handling within five days of receiving an objection or application for review; and where the circumstances are complicated this may be appropriately extended upon approval of the responsible party at the Provincial Reform and Development Department, but must not exceed 20 days cumulatively.

The Provincial Public Credit Work Body shall establish an archive of objection dispositions.

Article 32: Where information subjects with negative credit information actively correct their unlawful conduct, eliminate the negative impact, or have other similar situations; they may submit an application for credit restoration to the Public Credit Information providing unit that identified the unlawfulness; and where the meet the State or Provinces requirements on restoring credit, the Public Credit Information providing unit shall make a decision to restore their credit, and the provincial-level provincial level Public Credit Information providing unit is to inform the Provincial Public Credit Work Body in writing. Based on a credit restoration decision, Provincial Public Credit Work Body shall delete the negative credit information or make a notation of the restoration.

Where the information subject has been entered onto the list of the seriously untrustworthy, the provisions of the preceding paragraph do not apply.

Specific measures for credit restoration are to be separately drafted by the Provincial Reform and Development Department together with the provincial-level Public Credit Information providing units.

Chapter V: Legal Responsibility

Article 33: Where the laws or administrative regulations already have provisions on the legal responsibility for violations of the provisions of these Regulations, follow those provisions.

Article 34: Where the Provincial Reform and Development Department, Provincial Public Credit Work Body, the comprehensive departments for the establishment of public credit of districted cities and counties (cities, districts), as well as public data working bodies, Public Credit Information providing units or their staffs violate these Regulations with any of the following conduct, the directly responsible managers and other directly responsible personnel are to be given punishments by the organ with authority in accordance with law:

(1) failure to follow these regulations in reporting, accumulating, or disclosing Public Credit Information, as well as in handling credit objections, so as to cause negative consequences;

(2) fabricating or altering Public Credit Information;

(3) publicly disclosing Public Credit Information without the consent of the information subject;

(4) leaking Public Credit Information related to state secrets, commercial secrets and personal privacy;

(5) Disclosing Public Credit Information that contains errors or omissions either by design or due to gross negligence.

(6) selling Public Credit Information;

(7) Deleting or altering Public Credit Information in violation of provisions, or failing to delete or alter Public Credit Information that should be deleted or altered.

(8) Violating provisions in adopting punitive measures against information subjects;

(9) having other conduct abusing power, twisting the law for personal gain, or dereliction of duty;

Article 35: Where units and individuals violate these Regulations with any of the following conduct, the Provincial Reform and Development Department or the general department for the establishment of public credit of a districted city or county (city, district) is to confiscate the unlawful gains and fine units between 10,000 and 100,000 RMB, and fine individuals between 1,000 and 10,000 RMB.

(1) Fabricating or altering authorizations from information subjects to obtain information;

(2) publicly disclosing or providing third parties with use of information that is not for public disclosure without the authorization of the information subject;

(3) Other conduct infringing on the lawful rights and interests of information subjects.

Chapter VI: Supplementary Provisions

Article 36: These Regulations come into force on January 1, 2018.