Article 1 In order to standardize social credit management, safeguard the legitimate rights and interests of credit subjects, and promote the construction of social credit system, these Regulations are formulated in accordance with relevant laws, administrative regulations and relevant provisions of the state, combined with the actual situation of this province.
Article 2 These Regulations shall apply to social credit information management, credit supervision, protection of rights and interests of credit subjects, development of credit service industry, credit ecological construction and other activities within the administrative area of this province.
Article 3 The term "social credit" as mentioned in these Regulations refers to the state in which natural persons, legal persons and unincorporated organizations (hereinafter referred to as credit subjects) follow the principle of good faith, observe legal obligations or perform agreed obligations in social and economic activities.
Social credit information refers to objective data and materials that can be used to identify, analyze and judge the performance of credit subjects, including public credit information and market credit information.
Public credit information refers to the records generated or obtained by administrative organs, judicial organs and organizations authorized by laws and regulations to manage public affairs, which reflect the credit status of credit subjects.
Market credit information refers to the records produced or obtained by credit service agencies, trade associations, chambers of commerce and other market credit information collection units in production and operation, industry self-discipline management and other activities to reflect the market credit status of credit subjects.
Article 4 The construction of social credit shall adhere to the principles of Party committee leadership, government leadership, social co-governance, information sharing and the combination of rewards and punishments.
Fifth provinces, cities and counties (including county-level cities and districts, the same below) shall establish a joint meeting mechanism for social credit construction, and make overall plans to promote social credit construction within their respective administrative areas. The joint meeting of social credit construction shall perform the following duties according to law:
(a) to organize the implementation of the decision-making arrangements for the construction of social credit system;
(two) to promote the reform and innovation in the field of credit construction, and to guide and solve outstanding problems;
(3) Improve and strengthen the joint disciplinary mechanism for dishonesty;
(four) to strengthen the credit construction in key areas such as government affairs and justice;
(five) to improve the level of integrated construction of credit information platform;
(six) to study and decide on other major issues in the construction of social credit system.
Sixth provinces, cities and counties shall determine the competent department of social credit, undertake the daily work of social credit system construction, and perform the following duties according to law:
(a) to formulate and organize the implementation of social credit construction plans and annual plans;
(2) Organizing the formulation of social credit management systems and standards;
(three) to organize the implementation of joint incentives for trustworthiness and joint disciplinary measures for dishonesty;
(four) supervision and assessment of the relevant departments and units to promote the construction of social credit system;
(five) to guide and coordinate the relevant departments, units and industries to carry out credit construction and promote the implementation of credit management in enterprises and institutions;
(six) to promote the construction of public credit information system, strengthen the management of credit information collection, release and use;
(seven) to cultivate and develop the credit service industry, implement the registration management of credit service institutions according to law, and promote the guidance and supervision of credit service institutions and their employees;
(eight) to organize and coordinate the integrity propaganda, credit education, credit management and service personnel training;
(nine) other social credit management responsibilities stipulated by laws, regulations and rules.
Article 7 Relevant departments and units shall strengthen the credit management of their own industries and fields and perform the following duties according to law:
(a) the implementation of social credit construction tasks assigned by the joint meeting of social credit construction and social credit departments, and take the initiative to accept their supervision;
(two) to formulate the credit management system of industries and fields;
(3) Recording, collecting, sharing and publicizing public credit information;
(4) Identifying the credit status of credit subjects;
(five) the implementation of classified supervision and management of credit subjects;
(six) the implementation of trustworthy incentives and disciplinary measures;
(seven) objection handling and credit repair;
(eight) other social credit management responsibilities stipulated by laws, regulations and rules.
Chapter II Credit Information Management
Article 8 The collection, collection, disclosure and use of social credit information shall follow the principles of legality, objectivity, relevance, impartiality and prudence to ensure information security, and shall not divulge state secrets, endanger national security or infringe on commercial secrets and personal privacy.
Article 9 The units in charge of public credit information work of the people's governments of provinces, cities and counties (hereinafter referred to as public credit information work institutions), under the professional guidance of the social credit departments, specifically undertake the collection, sharing and application services of public credit information within their respective administrative areas, as well as the construction and operation guarantee of credit information sharing platforms and credit websites.
Tenth public credit information to implement the directory management system. The catalogue of public credit information includes the basic catalogue of national public credit information and the supplementary catalogue of public credit information applicable within the administrative area of this province.
The provincial department in charge of social credit, jointly with relevant departments and units, can refer to the national basic catalogue of public credit information, formulate a supplementary catalogue of public credit information according to the actual situation in the region, submit it to the joint meeting of provincial social credit construction for examination and approval, announce it to the public, and update it in time according to the update of the basic catalogue and the needs of work. Whether the public credit information is public or not, its scope, publicity and retention period are specified in the supplementary catalogue.
Eleventh public credit information supplementary directory includes the following information:
(1) Registration information that objectively reflects the basic situation of credit subjects in public management and services;
(2) Accepting the credit commitment information and credit commitment fulfillment information in the process of public management and service;
(three) information such as being commended and rewarded, participating in charitable activities, and being courageous;
(4) Information reflecting the credit status of the credit subject in effective administrative action decision documents such as judicial judgment documents, arbitration documents, administrative penalties and administrative rulings;
(5) Refusing to perform the obligations specified in the effective legal documents;
(6) Information on tax refusal, social insurance premium, housing accumulation fund, administrative fees and government funds;
(seven) in violation of laws and regulations to provide false information, information to conceal the real situation;
(eight) other information stipulated by laws, regulations and the state.
Article 12 Relevant departments and units shall record and store public credit information in accordance with the national basic catalogue of public credit information, supplementary catalogue of public credit information and relevant standards and norms, provide public credit information to public credit information institutions in a timely, accurate and complete manner, and update it in real time.
Article 13 Credit service institutions, trade associations, chambers of commerce and other market credit information collecting units can record the market credit information generated in their own business activities according to law, and can also record the market credit information of their members and settled operators according to the needs of service and management.
Encourage market credit information collection units to provide market credit information to the credit information sharing platform in accordance with the agreement, and be responsible for the legality, authenticity and accuracy of the credit information provided by them. Encourage credit subjects to provide market credit information to the credit information sharing platform by means of declaration, independent declaration, social commitment and signing * * * sharing agreement.
Article 14 The collection of market credit information involving personal information shall be approved by the credit subject, and the credit subject shall be informed of the collection content, collection method, information use, rights and obligations enjoyed. Except for the information that should be disclosed according to laws and administrative regulations.
Article 15 The competent department of social credit shall, jointly with relevant departments and units, strengthen the construction of credit information sharing platform, improve the safety management and safeguard measures such as data, technology and application of credit information sharing platform, and highlight the service function of credit information sharing platform in the fields of urban management and people's livelihood services.
Article 16 Public credit information institutions shall interconnect the credit information sharing platform with the comprehensive government service platform, enterprise credit information publicity system, financial credit information basic database and other related information systems, share the public credit information of credit subjects with the business systems of relevant departments and units as needed, and apply it in the process of credit supervision to support the formation of a credit supervision coordination mechanism with synchronous data, unified measures and consistent standards.
Seventeenth social credit departments to open, inquiry and political * * * to enjoy three ways, through credit websites and other channels to open credit information free of charge.
The disclosure, inquiry and enjoyment of market credit information can be carried out through legal disclosure and voluntary disclosure by credit subjects.
Chapter III Credit Supervision
Eighteenth social credit departments shall, jointly with relevant departments and units, establish a new supervision mechanism based on credit, which runs through the whole life cycle of credit subjects and connects the whole supervision links before, during and after the event, so as to improve the supervision ability and level.
The competent department of social credit shall, jointly with the relevant departments and units, establish and improve the mechanism of encouraging trustworthiness and punishing dishonesty, and implement rewards and punishments according to the credit status of credit subjects.
Nineteenth relevant departments and units shall implement the credit commitment system in accordance with the relevant provisions of the state, and include the credit commitments of credit subjects and their performance in the credit records.
Encourage market participants to voluntarily disclose their credit commitments to the public, and incorporate them into the credit records of market participants, and accept social supervision.
Twentieth social credit departments may, in accordance with the relevant provisions of the state, make a comprehensive evaluation of the public credit of market participants. Relevant departments and units may establish credit evaluation mechanisms in their own industries and fields, and conduct industry credit evaluation on the supervised objects.
The comprehensive evaluation results of enterprise credit and industry credit can be used as the basis for implementing classified supervision, and can be provided for reference by financial institutions, industry associations and chambers of commerce.
Relevant departments and units shall establish and improve the credit classification management system of their own systems and industries, determine the inspection proportion and frequency in daily inspections and special inspections according to the credit status, and realize differentiated supervision.
Twenty-first relevant departments and units shall, according to the needs of performing their duties, inquire about public credit information and use credit services on the following matters:
(a) the implementation of administrative licensing, administrative inspection, supervision and sampling and administrative punishment discretion;
(two) government procurement, bidding, funding and project support, transfer of state-owned land use rights, scientific research management, etc.;
(3) residence permit management, settlement management, acceptance of resident identity cards in different places and entry and exit management;
(4) Recruitment, appointment and promotion of national staff;
(5) Qualification examination of candidates for deputies to the National People's Congress and CPPCC members;
(6) Commending and rewarding;
(seven) other daily management work.
Twenty-second credit subjects with good credit status, the relevant departments and units can take the following incentive measures within the scope of legal authority:
(a) in the process of administrative management and public service, the implementation of green channels, accepting vacancies and other convenient measures;
(2) giving priority to financial funds and project support;
(three) in the relevant public resources trading activities, in accordance with the law and in accordance with the contract to take credit and other measures;
(4) giving priority support and convenience in the fields of education, employment, entrepreneurship and social security;
(5) Publicity and promotion on credit websites or related media;
(six) other awards stipulated by laws, regulations and the state.
Twenty-third relevant departments and units should be compared with the public credit information directory to identify the credit subject's dishonesty.
The determination of dishonesty shall be based on the following legally binding documents:
(1) Effective judgment documents and arbitration documents;
(2) Administrative decision documents such as administrative punishment, administrative compulsion and administrative ruling;
(three) other documents that can be used as the basis for the determination of dishonesty as stipulated by laws, regulations or relevant state documents.
Article 24 The relevant departments and units at the provincial level may, while implementing the basic list of punishment for dishonesty in the country, formulate a supplementary list of punishment for dishonesty within the administrative area of this province according to local regulations at the provincial level according to the needs of social governance, market supervision and public services, and update it in time according to the update of the basic list of punishment for dishonesty in the country and the needs of work.
When formulating and updating the supplementary list of disciplinary measures for dishonesty, the object, method and subject of punishment shall be clarified, and opinions shall be solicited publicly, and announced to the public after approval by the joint meeting of the provincial social credit construction work.
Twenty-fifth disciplinary measures should be taken against the subject of dishonesty, which should be related to dishonesty and adapt to the nature, circumstances and social impact of dishonesty, and corresponding disciplinary measures should be taken according to the list of disciplinary measures for dishonesty. It is forbidden to add disciplinary measures for dishonesty or increase punishment in addition to laws, regulations and state regulations.
Twenty-sixth relevant departments and units within the scope of statutory authority to take the following disciplinary measures against the subject of dishonesty:
(a) in the administrative management and public services, restrictions on the enjoyment of informed commitment, tolerance and other related convenience measures;
(two) restrictions on the allocation of financial funds and credit;
(three) in the transaction of public resources, measures such as lowering the credit rating are given;
(4) restricting the granting of honorary titles;
(five) to participate in the construction projects invested by the government or the cooperation between the government and social capital, and increase the margin ratio;
(six) other disciplinary measures stipulated by laws, regulations and the state.
Twenty-seventh provincial social credit departments shall, jointly with relevant departments and units, implement the list system of serious untrustworthy subjects. The criteria for determining the list of subjects with serious dishonesty shall be implemented in accordance with laws, administrative regulations or relevant state regulations.
The provincial social credit department may, jointly with relevant departments and units, establish a list system of serious untrustworthy subjects implemented within the administrative area of this province in accordance with provincial local laws and regulations, and clearly identify the standards, removal conditions, procedures and relief measures.
Twenty-eighth the list of serious untrustworthy subjects shall be based on laws, regulations or relevant provisions of the state, and shall not be added or expanded without authorization.
Incorporate the responsible subjects of serious violations of law and dishonesty in the following fields into the list of serious untrustworthy subjects, and carry out joint punishment according to law:
(a) seriously endangering the health and life safety of citizens in the fields of food and medicine, ecological environment, engineering quality, safety in production, fire safety and compulsory product certification;
(2) Malicious evasion of debts, malicious default in payment of goods or service fees, malicious arrears of wages, illegal fund-raising, contract fraud, pyramid selling, unlicensed operation, manufacturing and selling fake and shoddy products, intentional infringement of intellectual property rights, lending and borrowing of qualification bids, collusive bidding, false advertising, infringement of the legitimate rights and interests of consumers or securities and futures investors, serious disruption of cyberspace communication order, gathering people to disturb social order and other acts that seriously undermine fair market competition order and normal social order;
(3) After making a judgment or decision, the judicial organ or administrative organ has the ability to perform it, but refuses to perform or evades execution, which seriously affects the credibility of the judicial organ or administrative organ;
(4) Refusing to perform national defense obligations, such as refusing or evading military service, which endangers national defense interests;
(five) in violation of the "Regulations of Liaoning Province on the Punishment of Serious Breach of Trust", the acts of dishonesty in government affairs, the acts of dishonesty in the judicial field and the acts of dishonesty in relevant market entities;
(six) other serious acts of dishonesty as stipulated by laws, regulations and the state.
Twenty-ninth legal persons or organizations without legal personality are included in the list of serious untrustworthy subjects implemented within the administrative area of this province, and disciplinary measures shall be taken against their legal representatives, actual controllers, main persons in charge and other directly responsible personnel according to law.
Thirtieth disciplinary measures for credit subjects listed in the list of serious untrustworthy subjects according to law, if there is a clear time limit, will be terminated from the date of expiration of the time limit; If there is no clear time limit, the execution shall be terminated from the date when the credit subject is removed from the list of serious untrustworthy subjects. If the retention period of untrustworthy information expires or it is determined that credit repair has been completed, disciplinary measures for dishonesty will no longer be implemented.
Thirty-first acts of dishonesty of minors, acts of dishonesty caused by force majeure such as natural disasters or epidemics, and acts of dishonesty that are not subjective and intentional and have minor circumstances should be identified, recorded and punished with tolerance and prudence.
Article 32 Market entities are encouraged to take measures to reduce transaction costs in the market according to the credit status of credit entities, such as preferential treatment and convenience for trustworthy entities and increasing trading opportunities, and measures to increase transaction costs for untrustworthy entities, such as canceling preferential treatment and increasing margin.
Encourage financial institutions to give preferential treatment or convenience to trustworthy subjects in terms of financing credit, interest rates and repayment methods in accordance with relevant state regulations; In accordance with the relevant provisions of the state, increase the loan interest rate and property insurance rate for the untrustworthy subject, or restrict the provision of loans, sponsorship, underwriting, insurance and other services.
Article 33 Credit service institutions, trade associations, chambers of commerce and other organizations are encouraged to carry out credit rating evaluation, and incentive measures such as upgrading the membership level are taken for trustworthy subjects according to the articles of association, and disciplinary measures such as warning in the industry, informed criticism in the industry, public condemnation and cancellation of membership are taken for untrustworthy subjects.
Chapter IV Protection of Rights and Interests of Credit Subjects
Thirty-fourth social credit departments shall, jointly with relevant departments and units, establish and improve the protection system for the rights and interests of credit subjects, improve the mechanism for handling social credit information objections, credit repair and accountability, and strictly protect the legitimate rights and interests of credit subjects.
Thirty-fifth credit subjects have the right to know the collection, collection and use of their social credit information, as well as the sources of information and the reasons for changes specified in their credit reports.
The market credit information collection unit shall not bind the collection and collection of social credit information of natural persons with other services, and force or disguise the credit subject to accept it.
The market credit information collection unit shall establish and improve the market credit information objection handling mechanism and make it public.
Article 36 If a credit subject thinks that there are errors or omissions in the collection, collection, disclosure and use of social credit information, which infringe upon his legitimate rights and interests such as business secrets and personal privacy, he may file an objection application with the public credit information work institution or the market credit information collection unit.
Thirty-seventh public credit information institutions shall put forward their opinions within three working days after receiving the objection application. If an error is caused by the public credit information institution, it shall be corrected immediately and the applicant shall be informed of the correction result within two working days; Objection information caused by non-public credit information institutions shall notify the relevant departments and units for verification, and the relevant departments and units shall give a reply within five working days from the date of receiving the verification notice, and the public credit information institutions shall inform the applicant of the verification results in writing within two working days after receiving the verification reply; If the applicant still has objections, it shall be handed over to the relevant departments and units for handling by the public credit information work agency.
If the credit subject raises an objection, the public credit information institution shall make an objection mark. Objection information that cannot be verified for authenticity shall be deleted in time, and the reasons for deletion shall be recorded. If the objection handling needs inspection, testing, quarantine, expert appraisal or expert review, the time required shall not be included in the objection application processing time.
Article 38 Before the relevant departments and units decide to include the credit subject in the list of serious untrustworthy subjects, they shall inform the credit subject of the reasons, basis, relief ways and conditions for lifting the disciplinary measures after being included in the list of untrustworthy subjects, and the credit subject has the right to make statements and defenses.
Article 39 If the untrustworthy subject corrects the untrustworthy behavior and eliminates the adverse effects within the prescribed time limit, he can make credit commitments appropriate to the untrustworthy behavior, complete credit rectification, pass credit verification, receive special training, submit credit reports, and participate in charitable activities.
Credit information sharing platforms and credit websites shall designate special personnel to be responsible for credit repair, complete eligible credit repair applications within the prescribed time limit, and shall not charge the untrustworthy subjects who apply for credit repair in any form. After the repair is completed, the social credit department and the public credit information work institution shall stop the disclosure in time according to the procedures and terminate the implementation of disciplinary measures.
The relevant departments and units shall, jointly with the provincial social credit departments, formulate specific measures for the repair of untrustworthy credit in this industry and field according to the national credit repair management norms, and announce them to the public.
Relevant departments and units shall, in accordance with laws, regulations and relevant provisions of the state, support bankrupt and reorganized enterprises to carry out credit repair such as tax payment and finance, terminate the punishment for dishonesty in time, and ensure the normal operation of reorganized enterprises.
Chapter V Development of Credit Service Industry
Fortieth provincial, municipal and county people's governments shall formulate policies and measures to promote the development of credit service industry, encourage social capital to enter the credit service market, and support and standardize the development of credit service industry.
Article 41 Relevant departments and units are encouraged to cooperate with market credit information collection units to carry out social credit information collection, collection, sharing, big data analysis, risk early warning, case verification of dishonesty, and tracking and monitoring of dishonesty.
Encourage market credit information collection units to use big data, cloud computing, blockchain, artificial intelligence and other technologies to provide diversified and customized credit services for government departments, market entities, social organizations and individuals according to laws and regulations.
The competent department of social credit shall open public credit information to the society in an orderly manner and optimize the development environment of credit service industry.
Forty-second encourage the development of credit theory research and academic exchanges, and introduce high-level credit service professionals.
Encourage institutions of higher learning, scientific research institutions and enterprises to carry out credit management training to promote the deep integration of talent training, technological innovation and industrial development.