Chapter I General Provisions
Article 1 In order to regulate the management of social credit, protect the legitimate rights and interests of credit subjects, and promote the construction of the social credit system, these regulations are formulated in accordance with the relevant laws, administrative regulations and the relevant provisions of the State, and in the light of the actual situation in this province.
Article 2 These Regulations shall apply to the management of social credit information, credit supervision, protection of the rights and interests of credit subjects, the development of credit services, credit ecological construction and other activities within the administrative area of this province.
Article 3 The social credit referred to in these regulations refers to the state of natural persons, legal persons and unincorporated organizations (hereinafter collectively referred to as credit subjects) that follow the principle of good faith and comply with the legal obligations or fulfill the obligations agreed upon in the social and economic activities.
Social credit information refers to the objective data and information that can be used to identify, analyze, and judge the status of law-abiding and performance of credit subjects, including public **** credit information and market credit information.
Public **** credit information refers to records reflecting the public **** credit status of credit subjects generated or obtained by administrative organs, judicial organs and organizations authorized by laws and regulations to manage public **** affairs in the course of performing their duties.
Market credit information refers to the records reflecting the market credit status of the credit subject generated or obtained by credit service organizations, trade associations, chambers of commerce and other market credit information collection units in the course of production and operation, industry self-regulation and management and other activities.
Article 4 The work of social credit construction shall adhere to the principles of party leadership, government leadership, social *** governance, information *** enjoyment, and the combination of rewards and punishments.
Article 5 Provinces, cities and counties (including county-level cities and districts, hereinafter the same) shall establish a joint meeting mechanism for social credit construction, and coordinate and promote the work of social credit construction in the administrative area. The joint conference on social credit construction shall perform the following duties in accordance with the law:
(1) organize the implementation of the decision-making and deployment of the construction of the social credit system;
(2) promote reforms and innovations in the field of credit construction, and provide guidance for solving the outstanding problems;
(3) improve and strengthen the mechanism of joint punishment for breach of trust;
(4) strengthen the key areas of governmental affairs, justice and other credit construction;
(v) upgrading the level of integration of credit information platforms;
(vi) studying and deciding other major matters in the construction of the social credit system.
Article 6 Provinces, cities and counties shall determine the competent department for social credit, undertake the daily work of social credit system construction, and perform the following duties in accordance with the law:
(1) formulating and organizing the implementation of social credit construction planning and annual plan;
(2) organizing the formulation of social credit management system and standards and norms;
(3) organizing the implementation of the joint incentive and joint disciplinary measures for credit compliance;
(5) studying and deciding other important matters in the construction of social credit system. incentives and joint disciplinary measures for breach of trust;
(4) supervising and assessing the relevant departments and units to promote the construction of the social credit system;
(5) guiding and coordinating the relevant departments and units and industries to carry out credit construction, and promoting the implementation of credit management by enterprises and institutions;
(6) promoting the construction of public ****credit information system, and strengthening the credit information collection, publication and use management;
(vii) fostering the development of the credit service industry, carrying out the registration and management of credit service agencies in accordance with the law, and promoting the strengthening of guidance and supervision of credit service agencies and their practitioners;
(viii) organizing and coordinating the promotion of honesty and integrity, credit education, and training of talents in credit management and services;
(ix) other duties of social credit management stipulated by laws, regulations and rules .
Article 7 The relevant departments and units shall strengthen credit management in their own industries and fields, and fulfill the following duties in accordance with the law:
(1) Implement the tasks of social credit construction assigned by the Joint Conference on Social Credit Construction and the competent department of social credit, and take the initiative in accepting its supervision;
(2) formulate credit management systems for their industries and fields;
( (iii) record, collect, *** enjoy and openly publicize *** credit information;
(iv) determine the credit status of credit subjects;
(v) supervise and manage the credit subjects in a graded and classified manner;
(vi) implement incentives for creditworthiness and disciplinary measures for credit failure;
(vii) handle objection handling and credit repair;
(viii) laws, Laws, regulations and rules of other social credit management duties.
Chapter II Management of Credit Information
Article 8 The collection, acquisition, disclosure and use of social credit information shall follow the principles of legality, objectivity, relevance, fairness and prudence, ensure information security, and shall not disclose state secrets, jeopardize national security, or infringe upon commercial secrets and personal privacy.
Article 9 The units of provincial, municipal and county people's governments responsible for the work of public **** credit information (hereinafter collectively referred to as the public **** credit information work agencies), under the operational guidance of the competent department of social credit, shall specifically undertake the work related to the collection, **** enjoyment and application services of the public **** credit information in the administrative area, as well as the construction, operation and guarantee of the credit information **** enjoyment platform and credit website.
Article 10 The public **** credit information to implement the catalog management system. The catalog of public **** credit information includes the national basic catalog of public **** credit information and the supplementary catalog of public **** credit information applicable to the administrative area of the province.
The competent provincial social credit department, in conjunction with the relevant departments and units, may refer to the national basic catalog of public **** credit information and, in conjunction with the actual situation in the region, formulate a supplementary catalog of public **** credit information, which will be submitted to the Provincial Joint Conference on Social Credit Construction for finalization and publication to the public, and will be updated in due course in accordance with the updating of the basic catalog and the needs of the work. Whether public **** credit information is open, **** enjoyment and its scope, publicity, retention period, etc., shall be specified in the supplementary catalog.
Article 11 Supplementary Catalog of Public **** Credit Information includes the following information:
(1) registration-type information objectively reflecting the basic situation of the credit subject in the management and services of the public ****;
(2) information on credit commitments made in the course of accepting the management and services of the public ****, as well as information on the fulfillment of the credit commitments;
(3) information on being commended rewards, and participation in public welfare and charitable activities, and information on righteousness and courage;
(4) information reflecting the credit status of the credit subject in the effective judicial instruments, arbitration instruments, and administrative penalties and administrative rulings, and other administrative decisions;
(5) information on refusal to fulfill the obligations determined by the effective legal instruments;
(6) information on refusal to pay taxes, social insurance fees, housing fund, administrative fees, government funds;
(vii) information on illegal and irregular provision of false information, concealment of the truth and other falsehoods;
(viii) other information prescribed by laws, regulations and the state.
Article 12 The relevant departments and units shall record and store public **** credit information in accordance with the National Public **** Credit Information Basic Catalog and Public **** Credit Information Supplementary Catalog as well as the requirements of the relevant standards and specifications, and provide public **** credit information to the public **** credit information work agencies in a timely, accurate and complete manner, and real-time updates.
Article 13 Credit service organizations, trade associations, chambers of commerce and other market credit information collection units may record market credit information generated in their own business activities, or record market credit information of their members, incoming operators and other market credit information according to the needs of service and management.
Encouraging market credit information collection units to provide market credit information to the credit information *** enjoyment platform in accordance with the agreement, and to be responsible for the legitimacy, truthfulness and accuracy of the credit information they provide. Credit subjects are encouraged to provide market credit information to the credit information ****sharing platform in accordance with the law in the form of declaration, self-declaration, social commitment, and signing ****sharing agreement.
Article 14 The collection of market credit information, involving personal information, shall be subject to the consent of the credit subject, and inform the credit subject of the content of the collection, the collection method, the purpose of the information, as well as the rights enjoyed by the subject of the credit subject and the obligations it shall assume. Laws and administrative regulations shall be disclosed except for the information.
Article 15 The department in charge of social credit shall work with the relevant departments and units to strengthen the construction of the credit information***sharing platform, improve the security management and safeguard measures for the data, technology and application of the credit information***sharing platform, and emphasize the service functions of the credit information***sharing platform in the fields of urban management and people's livelihood services.
Article 16 The public **** credit information work organization shall interconnect the credit information **** enjoyment platform with the integrated government service platform, enterprise credit information disclosure system and the basic database of financial credit information and other relevant information systems, and the credit subject's public **** credit information with the relevant departments and units of the business system on demand **** enjoyment, and apply it in the process of credit supervision and so on, to support the the formation of a credit supervision synergy mechanism with synchronized data, unified measures and consistent standards.
Article 17 The competent social credit authorities shall adopt three methods of disclosure, inquiry and government **** enjoyment, and disclose public **** credit information free of charge through credit websites and other channels.
The disclosure, inquiry and **** enjoyment of market credit information can be carried out through disclosure in accordance with the law and disclosure on the initiative of the credit subject.
Chapter III Credit Supervision
Article 18 The competent department of social credit shall, in conjunction with the relevant departments and units, establish a new type of supervisory mechanism based on credit, running through the whole life cycle of the credit subject, linking the whole supervisory chain of pre, during and post, and improving the supervisory capacity and level.
Social credit authorities shall, in conjunction with the relevant departments and units to establish and improve incentives for creditworthiness and punishment mechanism, based on the credit status of the credit subject to implement rewards and punishments.
Article 19 The relevant departments and units shall, in accordance with the relevant provisions of the State to implement the credit commitment system, the credit subject credit commitment and its fulfillment into the credit record.
Encourage market players to take the initiative to make public credit commitments to the community, credit commitments into the credit record of market players to accept social supervision.
Article 20 The competent department of social credit may, in accordance with the relevant provisions of the state, market players to carry out comprehensive evaluation of public **** credit. The relevant departments and units can establish their own industry, the field of credit evaluation mechanism, the supervision of the object to carry out industry credit evaluation.
The results of the comprehensive evaluation of public **** credit and industry credit evaluation serve as the basis for the implementation of hierarchical supervision and can be provided to financial institutions, industry associations and chambers of commerce for reference and use.
Related departments and units should establish and improve the system, the industry credit grading and classification management system, according to the credit status to determine the proportion and frequency of inspection in the daily inspection, special inspection, to achieve differentiated supervision.
Article 21 The relevant departments and units shall, in accordance with the needs of performing their duties, inquire about public **** credit information and use credit services in the following matters:
(1) the implementation of administrative licenses, administrative inspections, supervision and sampling, and administrative penalties discretionary;
(2) government procurement, bidding and tendering, financial and project support, the granting of state-owned land use rights, scientific research management, etc.
(iii) residence permit management, settlement management, resident identity card acceptance in different places and immigration management;
(iv) recruitment, job appointment and promotion of state staff;
(v) qualification examination of candidates for deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference;
(vi) recognition and rewards;
(vii) other daily management work .
Article 22 For credit subjects with good credit status, the relevant departments and units may take the following incentives within the scope of their legal authority:
(1) Implementing facilitation measures such as green channel and acceptance with tolerance in the process of administrative management and public ****service;
(2) Giving priority to financial funding and project support;
(iii) in the relevant public ****resource trading activities, in accordance with the law to take credit points and other measures;
(iv) in the fields of education, employment, entrepreneurship, social security and other areas, to give priority support and priority facilitation;
(v) in the credit website or related media publicity and promotion;
(vi) other incentives provided by laws, regulations and the state.
Article 23 The relevant departments and units shall determine the credit subject's breach of trust against the public **** credit information catalog.
The determination of bad faith behavior shall be based on the following legally binding instruments:
(a) effective referees, arbitration instruments;
(b) administrative penalties, administrative compulsory, administrative rulings, and other administrative decision instruments;
(c) laws, regulations, or the relevant state documents can be used as the basis for determining the bad faith behavior of other instruments.
Article 24 In the implementation of the national base list of disciplinary measures for breach of trust at the same time, the relevant provincial departments and units of the social governance, market supervision and public **** service needs, can be based on provincial local regulations, the development of the administrative area of the province applicable to the supplementary list of disciplinary measures for breach of trust, and in accordance with the national base list of disciplinary measures for breach of trust and the need for work to be timely updated.
Developing and updating the supplementary list of disciplinary measures for breach of trust, should be clear disciplinary implementation of the object, implementation, implementation of the main body and other content, public consultation, reported to the provincial social credit construction work of the joint meeting agreed to be released to the community.
Article 25 of the main body of the failure to take disciplinary measures, should be associated with the breach of trust behavior, and the nature of the breach of trust behavior, the circumstances and the degree of social impact appropriate, in accordance with the list of disciplinary measures for breach of trust to take light and heavy appropriate disciplinary measures. Prohibit the laws, regulations and state regulations in addition to the establishment of disciplinary measures for breach of trust or aggravation of discipline.
Article 26 The relevant departments and units within the scope of the legal authority of the main body of the following disciplinary measures for breach of trust:
(1) in the administrative management and public **** services, restrictions on the enjoyment of informed commitment, tolerance of shortages in acceptance of the relevant facilitation measures;
(2) in the allocation of financial funds and granting of credits, to give the restriction;
(3) in the public **** resource transactions, given a lower credit rating and other measures;
(iv) restrictions on the award of honorary titles;
(v) participation in government investment or government and social capital cooperation in construction projects, to increase the percentage of the deposit;
(vi) laws, regulations and other disciplinary measures prescribed by the State.
Article 27 The provincial department in charge of social credit shall, in conjunction with the relevant departments and units to implement the list of serious breach of trust system. Serious breach of trust in the main list of criteria for determining the implementation of laws, administrative regulations or the relevant provisions of the State.
The provincial social credit authorities may, in conjunction with the relevant departments and units, based on the provincial local regulations, the establishment of the list of serious breach of trust in the implementation of the administrative region of the province's list of the main system, and to clarify the identification criteria, remove the conditions, procedures and remedial measures.
Article 28 of the list of serious breach of trust in the field, shall be based on laws, regulations or relevant state regulations, and shall not be added or expanded without authorization.
The following areas of serious violations of law and breach of trust in the responsible body, shall be included in the list of serious breach of trust, according to law to implement joint disciplinary action:
(a) in the field of food and drug, ecological environment, engineering quality, safety production, fire safety, mandatory product certification and other areas of serious harm to citizens' health and safety of life;
(b) maliciously evading debt, Maliciously defaulting on payment for goods or services, maliciously owing wages, illegal fund-raising, contract fraud, pyramid schemes, operating without a license, making and selling counterfeit and shoddy products and intentionally infringing on intellectual property rights, borrowing and lending qualifications for bidding, bid-rigging and bid-scrambling, false advertisements, infringing on the lawful rights and interests of consumers or investors in securities and futures, seriously damaging the order of propagation in cyberspace, and gathering a crowd to disrupt the social order, which seriously disrupt the order of fair competition in the marketplace and normal order of the society. normal order;
(c) after the judicial and administrative organs have made a decision or decision, the ability to perform but refuses to perform, evades implementation, etc., seriously affecting the credibility of the judicial and administrative organs;
(d) refusing to fulfill the obligations of national defense by refusing or evading military service, endangering the interests of national defense;
(e) violating the provisions of the "Regulations on Punishing Serious Defaults in Governmental Affairs" of Liaoning Province, which specifies the governmental defaults and the violations of the provisions of the "Provisions on Punishing Serious Defaults in Governmental Affairs" of the Liaoning Province. Provisions" clearly defined by the governmental breach of trust, the judicial field of breach of trust and the relevant market players breach of trust;
(vi) other serious breach of trust behavior prescribed by laws, regulations and the state.
Article 29 Where a legal person or an unincorporated organization is included in the list of subjects with serious breach of trust implemented within the administrative area of the province, disciplinary measures shall be taken against its legal representatives, actual controllers, principals and other persons directly responsible in accordance with the law.
Article 30 The disciplinary measures for credit subjects included in the list of serious breach of trust subject according to law, there is a clear period of time, to the date of expiration of the term to terminate the implementation of the term; there is no clear period of time, to the date of the credit subject is removed from the list of serious breach of trust subject to terminate the implementation of the term. The expiration of the retention period of the breach of trust information or the completion of credit repair is recognized, the implementation of disciplinary measures for breach of trust will no longer be implemented.
Article 31 of the minors breach of trust, by natural disasters or epidemics and other force majeure caused by the breach of trust, as well as non-subjective intent, minor breaches of trust shall be tolerant of prudent identification, recording and disciplinary action.
Article 32 encourages market players to take measures to reduce market transaction costs such as preferential facilitation and increased trading opportunities for creditworthy subjects according to the credit status of credit subjects, and measures to increase transaction costs such as canceling preferences and raising deposits for non-creditworthy subjects.
Encourage financial institutions in accordance with the relevant provisions of the State credit main body in financing credit, interest rates, repayment methods to give preferential treatment or convenience; the main body of bad faith in accordance with the relevant provisions of the State to increase the interest rate on loans, property insurance rates, or limit the provision of loans, sponsorship, underwriting, insurance and other services to them.
Article 33 Encourage credit service agencies, industry associations, chambers of commerce and other organizations to carry out credit rating evaluation, according to the statute of the trustworthy subject to take incentives such as upgrading the level of membership, the subject of non-credit to take the industry warnings, criticism of the industry notice, public condemnation, cancellation of membership and other disciplinary measures.
Chapter IV Protection of Rights and Interests of Credit Subjects
Article 34 The department in charge of social credit shall establish and improve the system of protection of rights and interests of credit subjects in conjunction with the relevant departments and units, and improve the mechanism of handling objections to social credit information, credit repair, and accountability, etc., and strictly protect the legitimate rights and interests of credit subjects.
Article 35 A credit subject shall have the right to know the collection, acquisition and use of his social credit information, as well as the source of the information contained in his credit report and the reasons for the changes.
Market credit information collection units shall not bundle the collection of social credit information on natural persons with other services and force or disguise to force credit subjects to accept them.
The market credit information collection unit shall establish a sound mechanism for handling objections to market credit information and make it public.
Article 36 If a credit subject believes that there are errors or omissions in the collection, acquisition, disclosure and use of social credit information, or that it violates his or her lawful rights and interests such as commercial secrets or personal privacy, he or she may file an application for objection with the public *** credit information work agency or the market credit information collection unit.
Article 37 Upon receipt of the objection application, the public **** credit information work agency shall conduct verification within three working days. If the error is caused by the public *** credit information working agency, it shall immediately correct it and inform the applicant of the correction result within two working days; for the objection information not caused by the public *** credit information working agency, it shall notify the relevant departments and units for verification, and the relevant departments and units shall reply within five working days from the date of receipt of the notice of verification, and the public *** credit information working agency shall within Within two working days after receiving the verification reply, the verification results will be notified in writing to the applicant; the applicant still has objections, by the public **** credit information work agency to transfer the relevant departments and units to deal with.
Credit subjects to raise objections, the public **** credit information work agency shall make objections to the labeling. The authenticity of the objection information can not be verified, should be deleted in a timely manner and record the reasons for deletion. Objection processing requires inspection, testing, quarantine, appraisal or expert review, the time required is not counted as objection to the application processing time.
Article 38 The relevant departments and units decided to include the credit subject in the list of serious breach of trust before the subject shall inform the credit subject included in the list of breach of trust after the adoption of disciplinary measures, the reasons, bases and remedies, and the conditions for lifting the disciplinary measures, the subject of the credit has the right to make statements and pleadings.
Article 39 The subject of the credit failure to correct the breach of trust within the prescribed period, eliminate the adverse effects of the credit can be carried out by making credit commitments appropriate to the breach of trust, complete the credit rectification, credit verification, acceptance of the topic of training, submission of credit reports, participation in public welfare and charitable activities, etc. to carry out credit repair.
Credit information **** enjoyment platforms, credit websites should be clear that specialized personnel responsible for credit repair work, within the specified time limit to complete the eligible credit repair applications, shall not be in any form to apply for credit repair of credit defaulter subject to charge fees. After the repair is completed, the competent social credit department and the public **** credit information work agency shall, in accordance with the procedures, stop disclosure in a timely manner and terminate the implementation of disciplinary measures.
Related departments and units should work with the provincial social credit authorities in accordance with the national credit repair management norms, to develop their own industry, the field of credit repair of credit default behavior specific measures, and announced to the community.
Related departments and units shall, in accordance with laws, regulations and relevant state provisions, support bankruptcy and reorganization of enterprises to carry out tax and financial and other credit repair, and timely termination of the failure of discipline to ensure that the reorganization of the normal operation of the enterprise.
Chapter V Development of Credit Service Industry
Article 40 The people's governments of provinces, cities and counties shall formulate policies and measures to promote the development of the credit service industry, encourage the entry of social capital into the credit service market, and support and regulate the development of the credit service industry.
Article 41 Encourages relevant departments and units to cooperate with market credit information collection units in the collection of social credit information, collection, ****sharing, big data analysis, risk early warning, verification of cases of breach of trust, and tracking and monitoring of breach of trust.
Encouraging market credit information collection units to make use of 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 in accordance with the law.
Social credit authorities shall orderly expand the opening of public **** credit information to society and optimize the development environment of the credit service industry.
Article 42 Encourage credit theory research and academic exchanges, and introduce high-level credit service professionals.
Encouraging colleges and universities, scientific research institutions, and enterprises to carry out credit management training, and promoting the in-depth integration of talent training, technological innovation, and industrial development.