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Social credit Regulations of Jiangsu Province
Published time: 2022-05-12 Information Source: Jiangsu Renmin University Network

Social credit Regulations of Jiangsu Province

(Adopted at the 24th Meeting of the Standing Committee of the 13th Jiangsu Provincial People's Congress on July 29, 2021)

  目 录

  Chapter I General provisions

  Chapter II Construction of social credit system

  Chapter III credit status identification

  Chapter IV credit information management

  Chapter Five: Incentive of keeping faith and restraint of breaking faith

  Chapter VI Development of credit service industry

  Chapter VII Protection of the rights and interests of credit entities

  Chapter VIII Legal liability

  Chapter IX Supplementary Provisions

Chapter I General provisions

  Article 1 In order to strengthen the administration of social credit, standardize social credit services, improve the social credit system, protect the legitimate rights and interests of credit subjects, improve the level of social integrity, and promote the modernization of the governance system and governance capacity, these regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual conditions of this province。

  Article 2 These Regulations shall apply to the construction of the social credit system, the identification of credit status, credit management and service, credit incentives and constraints, and the protection of the rights and interests of credit subjects within the administrative areas of this province。

  Where laws and administrative regulations have other provisions on credit investigation and disclosure of enterprise information, such provisions shall prevail。

  Article 3 The term "social credit" as mentioned in these Regulations refers to the status of natural persons, legal persons and unjuridical organizations with full capacity for civil conduct (hereinafter referred to as "credit subjects") complying with legal obligations and fulfilling agreed obligations in social and economic activities。

  Article 4 The term "credit information" as mentioned in these Regulations refers to objective data and materials that can be used to identify, analyze and judge the credit status of credit entities, including public credit information and market credit information。

  Public credit information refers to the credit information generated and obtained by state organs, organizations and people's organizations authorized by laws and regulations to manage public affairs (hereinafter referred to as public credit information providers) in the process of performing their duties and providing public services according to law, including basic information, faithless information and other information。

  Market credit information refers to the credit information generated and obtained by market credit information collection units such as credit service agencies, trade associations and chambers of commerce and other enterprises and institutions that implement credit management for transaction service objects in the course of production and operation or industry self-regulatory management activities。

  Article 5 The construction of a social credit system shall follow the principles of government promotion, social co-construction, according to law and regulations, protection of rights and interests, fairness and openness, and combination of rewards and punishments。

  Article 6 The local people's governments at or above the county level shall strengthen the leadership over the construction of the social credit system, incorporate the construction of the social credit system into the national economic and social development plan, organize the preparation of the social credit system construction plan, strengthen the guarantee of institutions, personnel and funds, and establish and improve the coordinated promotion mechanism。

  The leading group for the construction of the social credit system established by the local people's governments at or above the county level shall be responsible for coordinating and promoting the construction of the social credit system, studying and deciding on major issues in the construction of the social credit system。The comprehensive social credit management department designated by the local people's government at or above the county level shall undertake the daily work of the leading group。

  Other departments of the local people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the construction of the social credit system。

  Article 7 The construction of a social credit system shall pay attention to the role of trade associations, chambers of commerce and other social organizations, and encourage and guide social forces to participate in credit management, service and supervision。

  Article 8 Units and individuals that have made outstanding contributions to the construction of the social credit system shall be commended and rewarded in accordance with the relevant regulations of the State and the province。

Chapter II Construction of social credit system

  Article 9 This province establishes and improves the social credit system, and strengthens the construction of credit in key areas such as government affairs, business, social and judicial credibility。

  Article 10 People's governments at all levels, relevant departments and their staff shall perform their duties according to law, govern in good faith, enhance the transparency of decision-making, enhance the credibility of the government, and play an exemplary role in the construction of a social credit system。

  People's governments at all levels and relevant departments shall fulfill the policy commitments made to market entities in accordance with the law and the various types of contracts concluded in accordance with the law, and may not break contracts on the grounds of adjustment of administrative divisions, change of government, adjustment of institutions or functions, and change of relevant responsible persons。If it is necessary to change policy commitments or contract agreements due to national interests or social and public interests, it shall be carried out in accordance with legal authority and procedures, and compensation shall be made for the losses incurred by market entities according to law。

  This province has established a accountability system for government dishonesty。People's governments at all levels and relevant departments in the performance of their duties in violation of the law, are held accountable according to law, the relevant information shall be included in the record of dishonesty in government affairs。

  The province has established a monitoring, governance and evaluation system for government integrity, preventing and resolving the risk of government dishonesty, and improving the level of government integrity。

  Article 11 Market entities shall enhance their awareness of the rule of law and the spirit of contract, abide by laws, regulations and industrial conventions, perform their obligations in good faith and compete fairly。

  Encourage market entities to establish and improve internal credit management systems, improve credit management capabilities, prevent credit risks, and participate in credit management demonstration activities。

  Local people's governments at or above the county level and their relevant departments shall establish and improve the credit management system for the whole life cycle of market entities, and strengthen credit management and services in the fields of production safety, product quality, commercial circulation, finance, taxation, engineering construction, transportation, e-commerce, intermediary services, and off-campus training。

  Article 12 Members of society shall abide by the principle of good faith, practice the core values of socialism, abide by laws and regulations, uphold honesty and abide by commitments。

  Members of society should establish a sense of credit, pay attention to their own credit status, and maintain their own good credit。

  Local people's governments at or above the county level and their relevant departments shall strengthen the construction of social integrity, promote innovation in credit management methods in social governance, and strengthen credit management and services in the fields of labor protection, social security, education and scientific research, medical and health care, cultural tourism, ecological environment, and Internet application services。

  Local people's governments at or above the county level and their relevant departments shall strengthen the construction of professional credit among key groups, promote the use of professional credit reports, and guide the construction of professional ethics and norms of conduct。

  Article 13 Judicial organs shall perform their functions according to law, strictly and impartially administer justice, promote judicial openness, improve the scientific, institutionalized and standardized level of judicial work, safeguard fairness and justice, and enhance judicial credibility。

  Article 14 The comprehensive administrative department of social credit shall promote the establishment of industrial, field and regional credit monitoring and early warning mechanisms to prevent and resolve credit risks。

  Article 15 Local people's governments at or above the county level shall strengthen honesty education and carry out education in social ethics, professional ethics, family virtues and individual morality。

  Departments of education, human resources and social security, civil servant management, social credit comprehensive management, as well as schools and relevant vocational training institutions shall incorporate integrity education and credit knowledge into the content of teaching and training。

  Encourage qualified institutions of higher learning to set up credit management majors or offer related courses。

  Article 16 The local people's governments at or above the county level and their relevant departments shall strengthen the publicity of honesty culture。

  Radio, television, newspapers, the Internet and other media shall carry out public welfare publicity on the construction of a social credit system, the protection of the rights and interests of credit subjects, popularize credit knowledge, raise public awareness of credit, and supervise by public opinion acts that damage the legitimate rights and interests of credit subjects。

  Article 17 Support the creation of demonstration zones and demonstration industries for the construction of social credit systems, and encourage the construction of towns (streets) and villages (communities) with good faith。

  Article 18 The provincial people's government and its social credit comprehensive management departments shall promote the construction of regional credit integration in the Yangtze River Delta,We will carry out cross-administrative cooperation in credit management and credit services in key areas such as ecological and environmental protection, production safety, food and drug safety, product quality, transportation, cultural tourism, engineering construction, and government service activities,Promote credit information sharing and linkage of credit supervision。

  Article 19 The comprehensive administrative department of social credit is specifically responsible for the guidance, coordination and supervision of the construction of the social credit system in its own administrative region, and performs the following duties according to law:

  (1) To draw up plans for the construction of a social credit system;

  (2) To organize the formulation of social credit management systems and standards and norms;

  (3) To guide and coordinate relevant departments and industries to carry out credit construction, and promote enterprises and institutions to implement credit management;

  (4) Promote the construction of public credit information systems, and promote the collection, sharing and application of credit information;

  (5) Cultivate and develop the credit service industry, and implement supervision and management of the credit service industry;

  (6) To organize and coordinate credit publicity, credit education, credit management and service personnel training;

  (7) Other credit management duties prescribed by laws, regulations and rules。

  Article 20 State organs with social credit management responsibilities and organizations authorized by laws and regulations to manage public affairs functions (hereinafter referred to as industry credit management departments) shall strengthen the credit management of their own industries and fields and perform the following duties according to law:

  (1) To formulate a credit management system for the industry and the field;

  (2) Record, collect, share and disclose public credit information;

  (3) determination of credit standing;

  (4) To implement graded and classified supervision and management of credit entities;

  (5) implement incentives to keep faith and punishments for breaking faith;

  (6) handling objections and credit repair;

  (7) Other credit management duties prescribed by laws, regulations and rules。

  Article 21 Public credit information agencies shall be under the leadership or guidance of the social credit comprehensive administrative department,In accordance with the province's unified public credit information system construction norms,Specifically responsible for the construction, operation and management of the public credit information system,To carry out public credit information collection and sharing, application services and related management。

  Article 22 The credit management department of the industry shall build a new regulatory mechanism based on credit, which runs through the whole life cycle of the market subject, and connects the whole supervision link before, during and after the event, so as to enhance the regulatory capacity and level。

  Article 23 The credit management department in the industrial field shall implement the credit commitment system in the administrative management and public services。The credit commitment matters shall be managed by the inventory system, and the credit commitment made by the credit subject and the performance of the commitment shall be recorded in the credit record。

  Article 24 State organs, organizations and people's organizations authorized by laws and regulations to manage public affairs shall, according to the needs of performing their duties, apply credit information according to law。

  Industry associations and chambers of commerce and market entities are encouraged to apply credit information in industry self-discipline and production and business activities。

Chapter III credit status identification

  25th credit subject by the state organs, laws and regulations authorized to have the function of managing public affairs organizations and people's organizations commendation, awards, honorary titles and other information that can reflect their law-abiding and good faith status, in accordance with the relevant provisions of the state and provincial credit records。

  Article 26 The credit management department in the field of industry shall, in accordance with the principles of legality, objectivity, prudence and relevance, in accordance with relevant laws, regulations and the provisions of relevant state documents, and against the public credit information catalogue, determine whether the acts of credit subjects are acts of dishonesty。After the identification of dishonest behavior, it shall be recorded as dishonest information。

  For the breach of trust of minors over the age of 16, the breach of trust caused by force majeure, and the breach of trust with minor harmful consequences and timely correction, it shall be tolerant and prudent to identify and record。

  Article 27 The determination of a breach of trust shall be based on the following legally effective instruments:

  (1) Effective judgment and arbitration documents;

  (2) administrative act decision documents such as administrative penalties, administrative compulsions, administrative rulings;

  (3) Other documents that laws, regulations or relevant state documents provide can be used as the basis for determining acts of dishonesty。

  Article 28 The determination of acts of dishonesty shall be carried out in accordance with the prescribed standards。

  For acts of dishonesty prescribed by laws, administrative regulations and relevant state documents, where the State has standards for determining such acts, the standards prescribed by the State shall be followed;If the State does not have a standard for identification, the provincial credit management department of the relevant industry may, together with the provincial social credit comprehensive management department, formulate the identification standard。For acts of dishonesty prescribed by local laws and regulations, the credit administrative departments of the relevant industries and areas of the provinces and cities divided into districts shall, together with the general administrative departments of social credit, formulate standards for identification。

  The formulation of standards for identification shall be based on the provisions of laws, regulations and relevant state documents as well as the catalogue of public credit information, fully solicit opinions, and publish to the public。The enacting authority shall evaluate the implementation of the identification standards and make dynamic adjustments。

  Article 29 The implementation of the list system of seriously untrustworthy subjects shall be based on laws, regulations or relevant state documents。

  The list system of seriously untrustworthy subjects prescribed by local regulations shall be limited to the fields prescribed by relevant state documents and shall be limited to the following scope:

  (1) seriously endangering the health and safety of the people;

  (2) seriously undermining the order of fair market competition and social order;

  (3) Having the ability to perform, but refusing to perform or evading enforcement of statutory obligations, seriously affecting the credibility of the administrative organ。

  Article 30 The criteria for determining the list of seriously untrustworthy subjects shall be governed by laws, administrative regulations or relevant state documents。Local regulations that provide for the list system of seriously untrustworthy subjects shall also stipulate the criteria for identifying the list。

  Article 31 Before making a decision to include a credit subject in the list of seriously untrustworthy subjects, the credit management department in the industrial field shall inform the party concerned of the reasons and basis for making the decision, the tips of disciplinary measures for untrustworthy, and the rights enjoyed by the party concerned according to law;If the parties raise objections, they shall verify them and give feedback within the prescribed time limit。

  The credit management department in the field of industry shall make a decision document to include the subject of credit in the list of serious untrustworthy subjects, which shall set out the reasons and basis for the party to be included in the list, the tips of disciplinary measures for untrustworthy, the conditions and procedures for removal, and relief measures, and serve on the party according to law。

  32nd legal person and unjuridical organization are included in the list of seriously dishonest subjects, the industry credit management department shall be responsible for the legal representative, the main person in charge, the actual controller and other directly responsible person's personal credit records synchronically marked。

  Article 33 The comprehensive administrative department for social credit may, in accordance with relevant regulations of the State, carry out a comprehensive evaluation of public credit on market entities。The credit management department of the industry may establish the credit evaluation mechanism of the industry and the field, and carry out the credit evaluation of the object of supervision。

  The methods and standards for industry credit evaluation shall be implemented in accordance with the relevant provisions of the State;Where there is no provision by the State, the provincial industry and field credit management department may formulate it together with the provincial social credit comprehensive management department and disclose it to the public。To formulate the methods and standards of industry credit evaluation, the opinions of credit subjects, industry associations and chambers of commerce, experts and scholars in relevant industries shall be solicited。

  The results of comprehensive public credit evaluation and industry credit evaluation serve as the basis for implementing graded and classified supervision, and can be provided to financial institutions, industry associations and chambers of commerce for reference。

Chapter IV credit information management

  Article 34 Public credit information agencies shall establish credit files of credit subjects with the identification of the natural person's citizenship number and the unified social credit code of legal persons and unjuridical organizations。

  If a natural person does not have a citizenship number, it shall be marked by the number of another valid identity document。

  Article 35 The management of public credit information shall be based on the catalogue system。The public credit information directory includes the national public credit information basic directory and the local public credit information supplementary directory。

  The comprehensive social credit administrative department of the province or city divided into districts, together with the credit administrative department of the same industry, may, in accordance with the provisions of the local laws and regulations of the province or city, prepare a supplementary directory of local public credit information applicable to the province or city, submit it to the meeting of the leading group for the construction of the social credit system for examination and approval and publish it to the public。Whether public credit information is open, whether it is shared, and the scope of sharing, as well as the period of publicity and preservation, shall be clearly defined in the catalog。

  In compiling the supplementary catalogue of local public credit information, opinions from various regions, relevant departments, relevant market entities, trade associations and chambers of commerce, experts and scholars, and the public shall be solicited。

  Article 36 The dishonest information included in the supplementary catalogue of local public credit information shall be limited to the following scope:

  (A) administrative penalties, administrative compulsions, administrative rulings and other administrative acts reflect the credit subject's illegal and dishonest information;

  (2) Information about false promises or non-performance of promises in credit promises;

  (3) Providing false materials, concealing the truth, concealing and misreporting information, etc.;

  (4) Information that violates relevant norms of honest practice and causes adverse effects;

  (5) refuse to perform the obligations established by legal instruments in force;

  (6) Information on other acts of dishonesty as stipulated by local regulations。

  Article 37 The public credit information provider shall provide information to the public credit information system in a timely, accurate and comprehensive manner in accordance with the public credit information catalog。

  Credit entities may provide or supplement their own credit information to public credit information agencies through declarations, independent declarations, commitments, agreements and other forms, and shall be responsible for the authenticity of credit information。

  Regulations on the administration of public credit information shall be formulated by the provincial people's government。

  Article 38 The public credit information system is a unified carrier for collecting and sharing public credit information。The provincial public credit information system shall be connected with the national credit information sharing platform。

  Local people's governments at or above the county level shall promote information sharing and exchange between the public credit information system and the enterprise credit information publicity system, integrated government service platform, integrated supervision platform and other systems and platforms through the government data sharing and exchange platform to avoid repeated collection of credit information。

  Article 39 Public credit information agencies disclose public credit information through legal disclosure, government sharing, ex officio inquiry, real-name authentication inquiry, authorized inquiry and other ways。

  Disclosure according to law refers to the catalogue of public credit information in accordance with laws, regulations and regulations,Publicizing public credit information to the society;Government sharing refers to the sharing scope determined according to the public credit information directory,To provide public credit information to relevant state organs, organizations and people's organizations authorized by laws and regulations to manage public affairs;Enquiry by authority refers to the authority of organizations and people's organizations authorized by state organs, laws and regulations to manage public affairs according to their duties,To inquire the public credit information of credit entities in accordance with regulations;Real-name authentication query refers to the credit subject through real-name authentication,Query their own public credit information;Authorized inquiry refers to the authorization of the credit subject,Check their public credit information。

  Public credit information institutions shall establish and improve the information inquiry registration management system of the public credit information system, clarify the information inquiry authority and procedures, and keep information inquiry records。

  The provincial public credit information agency shall publicize credit information through the "credit Jiangsu" website and provide inquiry services to the society。

  Public credit information agencies shall formulate and publish service standards, optimize service methods, and provide convenient services such as public credit information inquiry and report issuance。

  Article 40 The public credit information obtained by state organs, organizations and people's organizations authorized by laws and regulations to manage public affairs through the sharing of government affairs and the inquiry of their functions and powers shall not be used beyond the scope of the performance of their duties and shall not be disclosed without authorization。

  If the personal information of natural persons is disclosed according to law, it shall be desensitized and security protection measures shall be taken。Except as otherwise provided by laws, administrative regulations and judicial interpretations。

  Article 41 The period of publicity and retention of public credit information shall be implemented in accordance with state regulations。

  Upon expiration of the period of disclosure of untrustworthy information, public credit information agencies and industry credit management departments shall stop publicity in time;Upon expiration of the retention period, public credit information agencies shall not continue to provide open services such as sharing and inquiry。

  Article 42 Credit service institutions shall collect their market credit information in accordance with the agreement with credit entities。The trade association Chamber of Commerce shall, in accordance with its articles of association, record the credit information of its members and establish credit files of its members。Enterprises and institutions implementing credit management for transaction service objects shall, in accordance with the agreement with transaction service objects, record the credit information generated in the process of their own production, operation and provision of services in accordance with the law。

  The collection of market credit information shall follow the principles of legality, legitimacy and necessity。

  Article 43 Credit management departments in the field of industry, public credit information agencies and market credit information collection units shall strengthen the security protection and management of credit information systems, establish and improve the security management system, implement the security level protection of information systems, and ensure the security of credit information storage。

Chapter Five: Incentive of keeping faith and restraint of breaking faith

  Article 44 For credit entities with good credit standing, state organs and organizations authorized by laws and regulations to manage public affairs may, within the scope of their authority, give the following incentives:

  (1) To provide convenience in administration and public services;

  (2) In daily supervision and management and special inspections, reasonably reduce the proportion of random inspections and reduce the frequency of inspections;

  (3) In the implementation of preferential government policies such as fiscal fund subsidies and entrepreneurship support, the following are the preferred objects or key supports under the same conditions;

  (4) In the transaction of public resources, give credit points, improve credit and other levels;

  (5) To participate in the construction projects invested by the government or the cooperation between the government and private capital, the deposit shall be reduced or reduced;

  (6) Other incentive measures。

  The implementation of trustworthy incentives should follow the principles of legality, openness and fairness。Encourage trustworthy incentive measures to implement the inventory system management。

  Article 45 Punishment for dishonesty shall be carried out in accordance with the list of punishment measures for dishonesty。The list of disciplinary measures for dishonesty includes the basic list of national disciplinary measures for dishonesty and the supplementary list of local disciplinary measures for dishonesty。

  The comprehensive social credit management department of the province and the city divided into districts shall be the credit management department of the same industry,It can be in accordance with the provisions of local laws and regulations of this province and this municipality,To compile a supplementary list of local disciplinary measures for dishonesty applicable to this province and this municipality,Specify the specific matters of punishment, the object of implementation, the means of implementation, the subject of implementation, the basis of implementation and so on,It is submitted to the meeting of the leading group of social credit system construction for approval,It will be implemented after it has been announced to the public。

  In compiling the supplementary list of local punishment measures for dishonesty, opinions from various regions, relevant departments and relevant market entities, industry associations and chambers of commerce, experts and scholars, and the public shall be solicited。

  The supplementary list of local disciplinary measures for dishonesty compiled by a city divided into districts shall be submitted to the provincial comprehensive administration of social credit for the record。

  Article 46 The disciplinary measures determined by the supplementary list of local disciplinary measures for dishonesty shall be limited to the following scope:

  (a) in the administration and public services, restrict the enjoyment of the relevant convenience;

  (2) In the daily supervision and management and special inspections, listed as key supervision and management objects, increase the proportion of random inspections, increase the frequency of inspections, and strengthen on-site inspections;

  (3) make corresponding restrictions in the implementation of preferential government policies such as fiscal fund subsidies and entrepreneurship support;

  (4) In the transaction of public resources, the corresponding reduction of points, lower credit and other grades;

  (5) restrict participation in construction projects invested by the government or in cooperation between the government and private capital, or raise the proportion of deposit;

  (6) make corresponding restrictions in the evaluation and commendation;

  (7) Cancel financial subsidies and project support;

  (8) Revocation of relevant honors;

  (9) Other disciplinary measures for dishonesty prescribed by the local laws and regulations of this province and this municipality。

  Article 47 The implementation of punishment for dishonesty shall follow the principles of legality, fairness, relevance and proportionality, be based on laws, regulations, provisions of relevant state documents and the list of punishment measures for dishonesty, be related to the situation of dishonesty, and be equivalent to the nature, field, circumstances and degree of social harm of the dishonesty。

  It is prohibited to add disciplinary measures for dishonesty or to increase disciplinary measures in addition to the provisions of laws, regulations and relevant state documents。It is prohibited to punish third parties other than credit entities for breach of trust。

  Article 48 The provincial social credit comprehensive management department shall promote the establishment of a disciplinary mechanism for credit subjects listed in the list of serious untrustworthy subjects according to law,Rely on provincial public credit information system to promote credit information sharing,Ensure that the participating units in the punishment of dishonesty timely obtain the list of serious dishonesty subjects and other information,Gradually realize automatic comparison and automatic interception。

  Article 49 Market entities are encouraged to take measures such as granting preferential facilities, increasing transaction opportunities and reducing transaction costs to entities with good credit standing, and to take measures such as canceling preferential facilities, reducing transaction opportunities and increasing transaction costs to entities with bad credit standing。

  Encourage industry associations and chambers of commerce to take key recommendation, praise and reward, improve the evaluation level and other measures for members with good credit status in accordance with the articles of association, and take warnings and warnings for members with bad credit status, notify criticism, reduce the evaluation level, cancel membership and other measures。

Chapter VI Development of credit service industry

  Article 50 Local people's governments at or above the county level shall cultivate and develop the modern credit service industry, formulate development plans and industrial development policies for the credit service industry, and promote the healthy and orderly development of the credit service industry。

  Article 51 Local people's governments at or above the county level shall promote the orderly opening of public credit information to market entities,Establish a credit management mechanism that ADAPTS to the development of the digital economy, platform economy, sharing economy and inclusive finance,We will guide market players to regard credit as an element of market resource allocation,Expand the scale of credit transactions,Develop credit economy。

  State organs and organizations authorized by laws and regulations to manage public affairs shall strengthen credit information cooperation with credit service agencies, trade associations and chambers of commerce and other organizations, and promote the integration of public credit information and market credit information in the fields of business, finance and people's livelihood。

  Article 52 Credit service agencies are encouraged to take the initiative to provide registration information and business development information to the comprehensive management department of social credit。

  The registration information and business development information provided by credit service agencies shall be published to the public by the provincial social credit comprehensive management department。

  Article 53 Encourage and support credit service agencies to develop credit products with independent intellectual property rights, expand the field of credit application services, and provide diversified and customized credit products and services。

  Article 54 The use and processing of credit information and the provision of credit products by credit service agencies shall follow the principles of legality, objectivity, justice and prudence, comply with the relevant national and provincial standards for credit service industries, and shall not make false evaluations of the credit status of credit entities。

  Credit service agencies shall have the obligation to keep confidential the state secrets, trade secrets and personal privacy they come to know in the course of business development, and shall not endanger national security, public security and public interests, and shall not harm the legitimate rights and interests of credit entities。

  Article 55 State organs, organizations authorized by laws and regulations to manage public affairs, market entities and other social organizations are encouraged to apply credit products and services provided by credit service agencies。

  The social credit comprehensive management department and other relevant supervision and management departments shall strengthen the standardized management of credit reports issued by credit service agencies, and promote the mutual recognition of credit reports in different places and across industries。

  Article 56 The comprehensive administration department of social credit shall, together with relevant departments, organize and carry out credit management training and professional skill appraisal, and strengthen the training and education of credit service practitioners and credit management personnel。

  Article 57 Encourage the establishment of credit service industry organizations, strengthen self-discipline management of the industry, promote the formulation of credit service related standards, technical norms and management norms, and compile and publish industry development reports。

  Article 58 The comprehensive management department of social credit shall establish the credit commitment system of credit service institutions with the credit management department of the same industry, and improve the credit record mechanism of credit service institutions and their practitioners。

  Article 59 The comprehensive administration department of social credit and other relevant supervision and management departments may take the following supervision and management measures on credit service institutions:

  (1) entering the relevant places of the units under investigation for inspection;

  (2) interrogating the units, individuals or other interested persons under investigation;

  (3) requiring the unit or individual under investigation to provide supporting materials, data and technical support or other materials related to the conduct under investigation;

  (4) to inquire and copy accounting documents, books, statements, agreements, electronic data, audio-visual materials, etc. related to the conduct under investigation;

  (5) Other measures prescribed by laws and regulations。

Chapter VII Protection of the rights and interests of credit entities

  Article 60 Social credit management departments, industry credit management departments, public credit information agencies, credit service agencies, trade associations and chambers of commerce, etc., shall establish and improve the objection handling, credit repair, complaints and reports, accountability and other systems to protect the legitimate rights and interests of credit subjects。

  Article 61 Public credit information agencies, public credit information providers and market credit information collection units shall deal with credit information in accordance with the provisions of laws and administrative regulations and the agreement with credit entities, and shall not engage in the following acts:

  (1) Illegally trading, stealing credit information, obtaining credit information by fraud, inducement, coercion and other means;

  (2) Collecting and using credit information of natural persons for life without authorization, compulsory authorization or one-time authorization;

  (3) fabricating, tampering with or illegally deleting credit information;

  (4) Illegally providing, disclosing or using credit information;

  (5) divulging state secrets, trade secrets and personal privacy that are known in the course of business development。

  Article 62 When collecting credit information of natural persons according to law or in accordance with the agreement, religious belief, gene, fingerprint, blood type, disease and medical history information and other personal information prohibited by laws and administrative regulations shall not be collected。

  No natural person's income, deposits, marketable securities, commercial insurance, real estate information and tax payment amount information shall be collected without his or her written consent, except where state organs and organizations authorized by laws and regulations with the function of managing public affairs may collect such information according to law。

  The real estate, tax payment and other information of natural persons collected by state organs and organizations authorized by laws and regulations to manage public affairs and collected into the public credit information system in accordance with state regulations can only be provided to the credit subject himself and the subject authorized by him for use。

  Article 63 Credit entities have the right to know the collection, collection, sharing and related use and evaluation of their credit information, and have the right to know the sources of information and reasons for changes stated in their credit reports。

  Social credit comprehensive management departments, industry credit management departments, public credit information providers, public credit information agencies, and market credit information collection units shall take measures to provide inquiry services to protect the right of credit subjects to know。

  Article 64 Where a credit entity considers that there are errors, omissions or infringements on its trade secrets, personal privacy and other legitimate rights and interests in public credit information, it may submit a written objection application to the public credit information provider or public credit information working institution and explain the reasons。Public credit information providers and public credit information agencies shall check within the prescribed time。Where there are errors, omissions or infringements on the legitimate rights and interests of credit entities such as trade secrets and personal privacy, public credit information shall be corrected or deleted in a timely manner。During the processing of objections, the relevant credit information shall be marked with objections, but it will not affect the disclosure and use。

  If a credit subject considers that the comprehensive evaluation of public credit and the credit evaluation of the industry is improper, it has the right to raise objections and demand correction and other necessary measures。The relevant unit shall carry out the verification within the prescribed time, and shall take necessary measures in a timely manner if it is verified。

  If a credit subject believes that the credit information collected by a market credit information collection unit contains errors, omissions, improper credit evaluation, or infringes on its trade secrets, personal privacy and other legitimate rights and interests, it has the right to raise objections and request necessary measures such as correction and deletion。Market credit information collection units shall promptly verify, verified, shall promptly take necessary measures。

  The acceptance and handling results of the objections shall be promptly replied to the credit subject who raised the objections。

  Article 65 Legally effective documents affecting the credit status of credit entities are revoked, altered or confirmed to be invalid according to law,The original credit information provider shall notify the public credit information agency within five working days from the date when the legal document that is revoked, changed or confirmed to be invalid takes effect,The public credit information agency shall revoke or change the credit information within two working days。

  Article 66 Where a credit subject takes the initiative to fulfill its obligations, correct the breach of trust and eliminate the adverse effects, it may apply for credit repair in accordance with the provisions。

  In accordance with the provisions on credit repair, the unit identifying the breach of trust shall make a decision on credit repair。After the credit repair, the dishonest information shall stop being publicized and shared, or be marked and shielded in accordance with the regulations。

  The relevant state organs of the province shall, in conjunction with the provincial comprehensive social credit management department, formulate specific measures for the credit repair of dishonest acts in the industry and field in accordance with the national credit repair management norms, and publish them to the public。

  Encourage market credit information collection units to establish and improve market credit information repair mechanisms, and carry out credit repair activities in light of industry characteristics and management practices。

  Article 67 Where the untrustworthy information ceases to be publicized due to expiration of the publicity period, credit repair and other reasons, the credit service agencies that collect and use the credit information shall stop using it and remove the untrustworthy information in a timely manner on the platforms that they provide services to。

Chapter VIII Legal liability

  Article 68 Where laws and administrative regulations have provided for legal liability for acts in violation of the provisions of these Regulations, such provisions shall apply。

  Article 69 Violation of the provisions of these Regulations,Public credit information work institutions, public credit information providers have any of the following acts,The competent department at a higher level or the comprehensive administrative department of social credit shall order it to make corrections according to its administrative authority;The leading personnel and persons directly responsible shall be given sanctions according to law,If a crime is constituted, criminal responsibility shall be investigated according to law:

  (1) Collecting and using credit information of natural persons for life without authorization, compulsory authorization or one-time authorization;

  (2) fabricating, altering or illegally deleting public credit information;

  (3) Illegally providing, disclosing or using public credit information;

  (4) divulging state secrets, trade secrets and personal privacy learned in the course of business development;

  (5) failing to withdraw or change the dishonest information or handle the objection application in accordance with the provisions;

  (6) other acts of abuse of power, dereliction of duty, malpractice for personal gain, or soliciting or accepting bribes。

  Where state organs, organizations and people's organizations authorized by laws and regulations to manage public affairs beyond the scope of performance of their duties use or disclose without authorization the public credit information obtained through sharing government affairs or inquiring according to their functions and powers, they shall be dealt with in accordance with the provisions of the preceding paragraph。

  Article 70 Violation of the provisions of these Regulations,Market credit information collection unit has any of the following acts,The social credit management department or the relevant supervision and management department shall order the correction within a time limit according to the administrative authority,Confiscation of illegal gains,A fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed on the unit,serious,Be fined not less than 100,000 yuan but not more than 200,000 yuan;The staff members who are directly responsible shall be fined not less than 10,000 yuan but not more than 30,000 yuan,serious,A fine of not less than 30,000 yuan but not more than 100,000 yuan;Causing damage to the legitimate rights and interests of credit entities,To bear civil liability according to law;criminal,To investigate criminal responsibility according to law:

  (1) Illegally trading in or stealing credit information;

  (2) Illegally obtaining credit information by fraud, inducement, coercion and other means;

  (3) Collecting and using credit information of natural persons for life without authorization, compulsory authorization or one-time authorization;

  (4) fabricating or tampering with credit information;

  (5) Illegally providing or using credit information;

  (6) divulging state secrets, trade secrets and personal privacy that are known in the course of business development;

  (7) falsely evaluating the credit status of credit entities in the provision of credit services;

  (8) the credit service agency knows that the dishonest information ceases to be publicized, and does not stop using it or fails to remove the dishonest information in a timely manner on the platform that it provides external services。

  Article 71 Where a credit subject considers that a specific administrative act in the management of public credit information infringes on its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law。

Chapter IX Supplementary Provisions

  Article 72 The term "credit service institution" as mentioned in these Regulations refers to the professional service institution established according to law to provide credit products and services to the society and engage in credit rating evaluation, credit management consultation, credit investigation and other related business activities。

  Article 73 These Regulations shall come into force as of January 1, 2022。


Copyright: Nanjing Ruihai Public Management Research Co., LTD Su ICP prepared 2021022266-1