Guochangfa [2019] No. 35

People's governments of provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions under The State Council:

In order to strengthen the construction of the social credit system, further promote the reform of "decentralization service", further give play to the basic role of credit in innovating regulatory mechanisms, improving regulatory capabilities and levels, better stimulate the vitality of market players, and promote high-quality development, with the consent of The State Council, the following opinions are put forward。

I. General requirements

Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era，We will thoroughly implement the principles of the 19th CPC National Congress and the second and Third Plenary Sessions of the 19th CPC Central Committee，In accordance with the basic principles of law, regulation, reform and innovation, and coordination and co-governance，To strengthen credit supervision as the focus，Innovation in the concept of supervision, supervision system and supervision methods，Establish and improve the whole life cycle of market players，A new type of supervision mechanism connecting the whole supervision link before, during and after the event，We will continuously improve our regulatory capacity and level，We will further standardize market order，Improve the business environment，We will promote high-quality development。

Second, innovation advance link credit supervision

(1) Establish and improve the credit commitment system。When handling administrative licensing matters applicable to the credit commitment system, the applicant promises to meet the approval conditions and submit relevant materials, should be handled immediately。If the applicant has good credit status and partial declaration materials are not complete, but the written promise to provide them within the prescribed time limit shall be accepted first and the processing progress shall be accelerated。The performance of the written commitment shall be recorded in the credit record as an important basis for the supervision during and after the event, and the applicant who fails to perform the contract shall be punished according to the circumstances。It is necessary to speed up the sorting out of administrative licensing matters that can carry out credit commitment, formulate credit commitment letters with standardized formats, and rely on credit portals at all levels to publicize them to the public。Encourage market players to take the initiative to make credit commitments to society。Support industry associations and chambers of commerce in establishing and improving credit commitment systems within the industry, and strengthen industry self-discipline。(All regions and departments are responsible for each other according to their responsibilities)

(2) Explore and carry out pre-entry integrity education for business operators。We will make full use of all types of government service Windows at all levels to carry out extensive law-abiding and integrity education for market players。When dealing with registration, approval, filing and other related businesses for market entities, standardized, standardized and convenient legal knowledge and credit knowledge education should be carried out in a timely manner, so as to improve operators' awareness of operating in good faith according to law。Honesty education shall not be charged, nor shall it be used as a necessary condition for market access。(All regions and departments are responsible for each other according to their responsibilities)

(3) Actively expand the application of credit reports。All types of market entities are encouraged to apply credit reports more widely and proactively in their production and business activities。In government procurement, bidding and bidding, administrative approval, market access, qualification review and other matters, give full play to the role of credit reports issued by public credit service agencies and third-party credit service agencies。Explore the establishment of national unified credit reporting standards, and promote the mutual recognition of credit reporting results in different places。(The National Development and Reform Commission and the People's Bank of China take the lead, and all regions and departments are respectively responsible according to their responsibilities)

Third, strengthen credit supervision in the process

(4) Comprehensively establish credit records of market entities。Establish a credit information collection catalogue according to the list of rights and responsibilities, and record the credit behaviors of market players in a timely, accurate and comprehensive manner in the process of registration, qualification review, daily supervision, public services, etc., especially the record of dishonesty is recorded, so that it can be checked and approved。(Each region and each department shall be responsible according to their respective responsibilities) Improve the unified social credit code system for legal and unlegal organizations，Identified by the uniform social credit code，Integrate and form a complete credit record of market entities，And through the "credit China" website, the national enterprise credit information publicity system or the Chinese government network and relevant department portals and other channels to open to the public in accordance with law and regulations。Complete the integration of the 12315 market supervision complaint reporting hotline and information platform, vigorously carry out the publicity of consumer complaints, and promote operators to implement the main responsibility of consumer rights protection。(The Development and Reform Commission and the General Administration of Market Regulation are responsible)

(5) Establish and improve the voluntary registration mechanism for credit information。Market entities are encouraged to voluntarily register credit information such as qualification certificates, market operations, contract performance, and social welfare on the "Credit China" website or other channels, and make credit commitments to the authenticity of information, and authorize the website to integrate, share and apply relevant information。Certified voluntary registration information can be used as an important basis for conducting credit evaluation and generating credit reports。(The National Development and Reform Commission takes the lead, and all departments are respectively responsible according to their responsibilities)

(6) In-depth comprehensive evaluation of public credit。The national credit information sharing platform should strengthen the coordination with relevant departments，Organize all kinds of credit information according to law，We will carry out comprehensive public credit evaluation with full coverage, standardization and public welfare for market entities，Regularly push the evaluation results to relevant government departments, financial institutions, industry associations and chambers of commerce for reference，And open to the public in accordance with relevant regulations。Promote relevant departments to use the results of public credit comprehensive evaluation, combined with departmental and industry management data, to establish an industry credit evaluation model, and provide a more accurate basis for credit supervision。(The National Development and Reform Commission takes the lead, and all departments are respectively responsible according to their responsibilities)

(7) Vigorously promote credit classification and supervision。On the basis of full grasp of credit information, comprehensive research and judgment of credit status, based on the results of comprehensive public credit evaluation and industry credit evaluation, the objects of supervision are graded and classified, and differentiated regulatory measures are taken according to the level of credit rating。"Double random, one open" supervision should be combined with credit rating，Market entities with good credit and low risk，It can reasonably reduce the proportion and frequency of random checks，Reduce the impact on normal production and operation;General market entities for credit risk，Random check according to regular proportion and frequency;Market entities that violate laws and break promises and have high risks，The proportion and frequency of random checks shall be appropriately increased，Strict management and punishment shall be exercised in accordance with laws and regulations。(All regions and departments are responsible for each other according to their responsibilities)

Fourth, improve post-event credit supervision

(8) Improve the identification mechanism of joint punishment for dishonesty。The relevant departments shall, on the basis of the records of dishonesty obtained and identified in the prior and in-process supervision, establish and improve the list system of joint punishment for dishonesty according to law and regulations。Based on the results of relevant judicial decisions, administrative penalties, administrative coercion and other processing, market players involved in illegal and dishonest acts of bad nature, serious circumstances, and greater social harm will be included in the list of joint punishment for dishonesty。Speed up the improvement of relevant management measures, and clarify the basis for identification, standards, procedures, objections, appeals and withdrawal mechanisms。The formulation of management measures shall fully solicit public opinions, and the standards and specific identification procedures promulgated shall be made public in an appropriate manner。Support relevant departments to establish a list system of key targets of concern according to regulatory needs, and implement strict regulatory measures corresponding to the degree of breach of trust for market players who have committed acts of dishonesty but have not yet met the criteria for the identification of joint disciplinary targets for dishonesty。(Each department is responsible according to its responsibilities)

(9) Urge dishonest market entities to rectify within a time limit。Untrustworthy market entities should seriously rectify within the prescribed time limit, rectification is not in place, in accordance with the principle of "who identified, who interviewed", by the identified department in accordance with the law to start the prompt interview or warning interview procedures, urge untrustworthy market entities to fulfill the relevant obligations and eliminate adverse effects。The interview records are recorded in the credit records of the discredited market players and integrated into the national credit information sharing platform after unified collection。We will vigorously promote special treatment of dishonesty in key areas, and take effective measures to speed up rectification。(Each department is responsible according to its responsibilities)

(10) Deepening joint punishment for dishonesty。Speed up the establishment of cross-regional, cross-industry, cross-field joint punishment mechanism for dishonesty, and fundamentally solve the problem of repeated dishonesty and easy to occur。The list of joint disciplinary measures shall be established in accordance with the law and regulations, which shall be dynamically updated and disclosed to the public, and a large pattern of joint disciplinary measures for dishonesty shall be formed with multi-pronged administrative, market-based and industrial disciplinary measures and extensive participation of social forces。Focus on the implementation of strong disciplinary force, good regulatory effect of dishonesty disciplinary measures，It includes administrative disciplinary measures such as restricting stock issuance, bidding and bidding, applying for fiscal fund projects, and enjoying tax incentives in accordance with laws and regulations，Market-based penalties such as restrictions on access to credit, travel by air, travel by high-class trains, and seats，And circulate criticism, public condemnation and other industry disciplinary measures。(The National Development and Reform Commission takes the lead, and all regions and departments are respectively responsible according to their responsibilities)

(11) Resolutely implement market and industry entry bans in accordance with laws and regulations。We will focus on areas directly related to the safety of people's lives and property, such as food and drugs, the ecological environment, engineering quality, production safety, elderly care and child care, and urban operation safety。Market players and their responsible persons who refuse to implement judicial decisions or administrative penalties, fail to change repeatedly, and cause heavy losses, will resolutely implement market and industry entry bans within a certain period of time in accordance with laws and regulations, until they are permanently expelled from the market。(The National Development and Reform Commission takes the lead, and all regions and departments are respectively responsible according to their responsibilities)

(12) Investigate the responsibility for violation of law and breach of trust according to law。Establish and improve the responsibility investigation mechanism, and punish the market players who are included in the list of joint punishment for dishonesty, their legal representatives or main responsible persons, and actual controllers according to law and regulations, and record the relevant dishonesty behavior in their personal credit records。Organs, public institutions and state-owned enterprises that have violated laws and broken faith shall notify the competent units at higher levels and the auditing department;If the staff has illegal and dishonest behavior, it shall report to the unit and the relevant discipline inspection and supervision, organization and personnel department。(All regions and departments are responsible for each other according to their responsibilities)

13. Exploring the establishment of a credit repair mechanism。If the dishonest market entities correct the dishonest behavior and eliminate the adverse effects within the prescribed time limit, they may carry out credit repair by making credit commitments, completing credit rectification, passing credit verification, receiving special training, submitting credit reports, participating in public welfare and charitable activities, etc。After the completion of the repair, all regions and departments shall, in accordance with procedures, promptly stop publicising their records of dishonesty and terminate the implementation of joint disciplinary measures。Accelerate the establishment and improvement of a coordinated linkage mechanism, and provide efficient and convenient credit repair services for dishonest market players。Qualified third-party credit service agencies are encouraged to provide credit report, credit management consultation and other services to discredited market entities。(The National Development and Reform Commission takes the lead, and all regions and departments are respectively responsible according to their responsibilities)

Fifth, strengthen the support and guarantee of credit supervision

(14) Strive to improve the level of information construction of credit supervision。Give full play to the national credit information sharing platform and the national "Internet + supervision" system information collection and sharing role，Credit information of government departments should be "fully attributed"，Promote the interconnection of local credit information platforms and industrial credit information systems，We will smooth the flow of government and enterprise data，Form a "network" of credit information covering all regions, all departments and all types of market players。Relying on the national credit information sharing platform and the national "Internet + supervision" system，The basic information of market players, law enforcement, supervision and disposal information, and information on joint punishment for dishonesty will be shared with the business systems of relevant departments as needed，It can be used in credit supervision and other processes，Support the formation of a credit supervision coordination mechanism with data synchronization, unified measures and consistent standards。(The Development and Reform Commission and The General Office of the State Council take the lead, and all regions and departments are respectively responsible according to their responsibilities)

(15) Vigorously promote the public disclosure of credit supervision information。On the basis of centralized publicity of administrative license and administrative punishment information，Rely on "Credit China" website, Chinese government website or other channels，Further study and promote information on administrative compulsion, administrative confirmation, administrative collection, administrative payment, administrative rulings, administrative compensation, administrative rewards, administrative supervision and inspection and other administrative acts to be made public online within 7 working days，Promote the disclosure of information about persons subject to enforcement of dishonesty and dishonest litigants that should be disclosed in judicial adjudication and enforcement activities through appropriate channels，Achieve "should be open, open"。(All regions and departments are responsible for each other according to their responsibilities)

(16) Give full play to the supporting role of "Internet plus" and big data on credit supervision。Relying on the national "Internet + supervision" and other systems, effectively integrate public credit information, market credit information, complaint and reporting information, and Internet and third-party related information, and make full use of new generation information technologies such as big data and artificial intelligence, so as to achieve comparable credit supervision data, process traceability, and problem monitoring。All regions and departments are encouraged to cooperate with big data institutions to develop credit information in accordance with the actual situation and in accordance with laws and regulations, so as to timely and dynamically grasp the operation of market players and their regular characteristics。Make full use of the national "Internet + supervision" and other systems to establish a risk prediction and early warning mechanism, early detection and prevention of emerging and cross-industry and cross-regional risks。Use big data to proactively discover and identify illegal clues, and effectively prevent illegal behaviors that endanger public interests and the safety of people's lives and property。Encourage the non-contact supervision methods such as the Internet of Things and the Internet to improve the efficiency of law enforcement supervision, achieve regulatory standardization, precision, intelligence, reduce human factors, achieve fair supervision, eliminate random inspection, multiple supervision and other problems, achieve "entering the door once, checking a number of things", and reduce the disturbance of the supervision object。(The General Office of the State Council, the Development and Reform Commission and the General Administration of Market Regulation take the lead, and each department is responsible according to its responsibilities)

(17) Effectively strengthen credit information security and protection of the rights and interests of market entities。We will seriously investigate and punish illegal disclosure, tampering with credit information or using credit information for personal gain。Strengthen credit information security infrastructure and security protection capacity building。Establish and improve the credit information objection complaint system, and the information provider and collection unit shall verify and feedback the results as soon as possible for the information objecting to the market subject, and correct or cancel the verified incorrect information in a timely manner。Where the list of objects of joint punishment for dishonesty is wrongly identified or joint punishment measures for dishonesty are wrongly taken to damage the legitimate rights and interests of market players, the relevant departments and units shall actively take measures to eliminate the adverse effects。(All regions and departments are responsible for each other according to their responsibilities)

(18) Actively guide industry organizations and credit service agencies to coordinate supervision。Support industry associations and chambers of commerce authorized by relevant departments to assist in industry credit construction and credit supervision, encourage industry associations and chambers of commerce to establish member credit records, carry out credit commitment, credit training, integrity publicity, integrity initiatives, etc., take integrity as an important content of industry rules and regulations, and guide the industry to enhance the awareness of integrity management according to law。Promote the development of credit services such as credit investigation, credit rating, credit insurance, credit guarantee, performance guarantee, credit management consultation and training, and give full play to the professional role of third-party credit service agencies in the collection, processing and application of credit information。Relevant departments are encouraged to cooperate with third-party credit service agencies in credit record collection, credit information sharing, credit big data analysis, credit risk early warning, credit breach case verification, and credit breach tracking and monitoring。(The National Development and Reform Commission, the Ministry of Civil Affairs and the People's Bank of China shall be responsible respectively according to their responsibilities)

6. Strengthen the organization and implementation of credit supervision

19. Strengthening organizational leadership。All regions and departments should put the construction of a new credit-based supervision mechanism as an important measure to further promote the reform of "decentralization service" in a more prominent position, strengthen organizational leadership, specify the division of responsibilities, and effectively promote the implementation in an orderly manner。Improve the supporting system of credit supervision, and strengthen the connection with other "control service" reform matters。Departments with market supervision and industry supervision responsibilities should effectively assume the main responsibility of industry credit construction and credit supervision, give full play to the role of industry organizations and third-party credit service agencies, create favorable conditions for public supervision, and integrate and form a strong force for the whole society to participate in credit supervision。(The National Development and Reform Commission takes the lead, and all regions and departments are respectively responsible according to their responsibilities)

(20) Carrying out pilot demonstrations。Centering on key work such as credit commitment, credit repair, joint punishment for breach of trust, and development and utilization of credit big data, we will organize and carry out pilot demonstrations of credit construction and credit supervision。On the basis of the exploration and innovation of various regions and departments, the good experience and good practices of credit construction and credit supervision should be summarized, refined and exchanged in a timely manner, and replicated and promoted on a larger scale。(The National Development and Reform Commission takes the lead, and all regions and departments are respectively responsible according to their responsibilities)

21. Accelerating the establishment of rules and regulations。We will promote the formulation of laws related to the construction of a social credit system, accelerate the study and introduction of regulations on the management of public credit information, and unify the management methods of social credit codes。Establish and improve national unified credit supervision rules and standards, timely promulgation of relevant local regulations, government rules or normative documents, and upgrade effective practices in credit supervision to institutional norms。We will promptly formulate national standards that are urgently needed to carry out credit supervision。(The National Development and Reform Commission and the Ministry of Justice take the lead, and all regions and departments are respectively responsible according to their responsibilities)

(22) Do a good job of propaganda interpretation。All regions and departments should, through various channels and forms, conduct in-depth and detailed policy publicity and interpretation work for market players, so that operators can fully understand and actively cooperate with the new credit-based regulatory measures。We will strengthen guidance and training for grassroots and front-line supervisory personnel。Organize news media to extensively report, actively publicize credit supervision measures and their effectiveness, and create a good social atmosphere。(The National Development and Reform Commission takes the lead, and all regions and departments are respectively responsible according to their responsibilities)

General Office of the State Council
July 9, 2019