The General Office of the State Council Regarding Further Improving the Distrust Control System
Guiding Opinions on Establishing a Long-term Mechanism for Honesty Building
State Council Fa (2020) No. 49
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all directly affiliated institutions:
In order to thoroughly implement the requirements of the Party Central Committee and the State Council on promoting integrity building, earnestly implement the "Regulations on Optimizing the Business Environment" and other relevant regulations, further clarify the scope of credit information, implement punishments for untrustworthiness in accordance with laws and regulations, improve the credit restoration mechanism for untrustworthy entities, and improve society With the approval of the State Council, the following opinions are hereby provided for the legalization and standardization of credit system construction.
1. General requirements
Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the 2nd, 3rd, 4th, and 5th Plenary Sessions of the 19th National Congress of the Communist Party of China, adhere to the general keynote of seeking progress while maintaining stability, and adhere to the rule of law , Strive to build a long-term mechanism for building integrity, and in accordance with laws and regulations, protecting rights and interests, prudence and appropriateness, and inventory management, to further standardize and improve mechanisms for the identification, recording, collection, sharing, disclosure, punishment, and credit restoration of untrustworthy behaviors, Promote the social credit system into a new stage of high-quality development, and better play the positive role of the social credit system in supporting the reform of decentralization, regulation and service, the transformation of government functions, and the creation of a fair and honest market environment and social environment.
In the promotion and practical exploration of the construction of the social credit system, the following important principles must be grasped: First, strictly in accordance with laws and regulations, records of untrustworthy behaviors, identification of the list of severely untrustworthy entities, and punishment for untrustworthiness are related to the vital interests of individuals, enterprises and other entities. , Must operate strictly within the track of the rule of law.
The second is to accurately define the scope, accurately define the scope of credit information and the identification of the list of severely dishonest entities, reasonably grasp the punishment measures for dishonesty, and resolutely prevent improper use or even abuse.
The third is to ensure that the punishments are equal. According to the field, severity, and influence of the untrustworthy behavior, different types and strengths of disciplinary measures shall be implemented in strict accordance with the law to protect the legitimate rights and interests of credit subjects.
The fourth is to learn from international experience, not only based on my country's national conditions, but also fully refer to international practices, carefully promote the construction of a credit system in areas where social attention is high and understanding is not unified, and promote relevant measures to be in line with international standards.
2. Scientifically define the scope and procedures for the inclusion of public credit information
(1) Clearly define the scope of public credit information.
Incorporating specific behavior information from administrative agencies and organizations authorized by laws and regulations to manage public affairs (hereinafter collectively referred to as administrative agencies) into public credit information must be strictly based on laws, regulations, or policy documents of the Party Central Committee and the State Council, and Implement catalog management.
The lead unit of the Inter-Ministry Joint Conference on the Construction of the Social Credit System (hereinafter referred to as the Inter-Ministry Joint Conference), in conjunction with relevant departments, compiles and regularly updates the national public credit information basic catalogue. The member units of the Inter-Ministry Joint Conference and other relevant departments may propose laws and regulations. Suggestions to be included in the catalog information, the lead unit of the inter-ministerial joint meeting sorted out the summary catalog, solicited opinions from various regions, relevant departments, relevant market entities, industry associations, chambers of commerce, legal service agencies, experts, scholars and the public, and submitted them to the inter-ministerial joint meeting for approval It will be announced to the public and organized for implementation.
Localities can formulate supplementary public credit information catalogs applicable to local areas in accordance with local laws and regulations and with reference to the formulation procedures of the national public credit information basic catalog.
(2) Strictly regulate the basis for identifying untrustworthy conduct.
The administrative agency's determination of untrustworthy conduct must be based on a legally effective document.
The basis for the determination of untrustworthy conduct includes: effective judicial judgment documents and arbitration documents, administrative punishments and administrative rulings and other administrative act decision documents, as well as other documents that can be used as the basis for determination of untrustworthy conduct according to laws, regulations, or policy documents of the Party Central Committee and the State Council.
The administrative agency shall truthfully record the untrustworthy information after determining the untrustworthy conduct.
3. Standardize the scope and procedures of public credit information sharing and disclosure
(3) Standardize the scope and procedures of public credit information sharing.
Whether and to what extent public credit information can be shared shall be determined in accordance with the principles of lawfulness and necessity, and shall be clarified when compiling the catalog of public credit information.
Improve the information sharing mechanism, and promote the interconnection and data sharing of the national credit information sharing platform, the national enterprise credit information publicity system and the credit information system of relevant departments. For the data that can be shared, the collection department must be clearly defined to achieve "one collection and full sharing."
(4) Determine the scope of public credit information disclosure in accordance with laws and regulations.
Whether public credit information can be disclosed should be determined in accordance with the principles of lawfulness and necessity, and it should be clarified when compiling the catalog of public credit information.
Disclosure of public credit information must not infringe on business secrets and personal privacy, and where laws and regulations provide otherwise.
Disclosure of personal information must be based on clear laws, regulations, or decisions or orders of the State Council or with the consent of the person, and conduct necessary desensitization.
(5) Strengthen the overall management of public credit information disclosure channels.
The public credit information identification department shall, in accordance with government information disclosure or other relevant regulations, disclose relevant information on the portal website of the department, the government portal website at the same level, or other designated websites.
The "Credit China" website and the National Enterprise Credit Information Disclosure System shall, in accordance with relevant regulations, uniformly disclose the collected public credit information that should be made public, and keep it consistent with the content and time limit disclosed by the public credit information identification department.
4. Standardize the criteria and procedures for identifying the list of seriously untrustworthy entities
(6) Strictly limit the scope of the list of seriously untrustworthy subjects.
The fields in which the list of seriously untrustworthy entities are established must be based on laws, regulations, or policy documents of the Party Central Committee and the State Council, and no department (unit) may add or expand without authorization.
Establish the scope of the list of serious untrustworthy entities, strictly in accordance with the "Guiding Opinions of the State Council on Establishing and Improving the System of Joint Incentives for Trustworthiness and Joint Punishment for Untrustworthiness to Accelerate the Construction of Social Credit" (Guofa [2016] No. 33), and restrict it to serious harm to the people Physical health and safety of life, serious violation of market fair competition order and normal social order, refusal to perform legal obligations, seriously affect the credibility of judicial and administrative agencies, refusal to perform national defense obligations, and other serious illegal and untrustworthy subjects.
(7) Strictly regulate the criteria for identifying the list of seriously untrustworthy entities.
For the list system of severely untrustworthy entities implemented nationwide, the criteria for identifying the list should be determined in the form of laws, administrative regulations, or policy documents of the Party Central Committee and the State Council. If the conditions are temporarily unavailable, the competent (supervisory) department in the field can determine the list in the form of departmental rules , The identification standards should fully solicit opinions from the inter-ministerial joint conference lead unit and other relevant departments, relevant market entities, industry associations and chambers of commerce, legal service agencies, experts and scholars, and the public. The public comment period shall not be less than 30 days.
The identification standards should be made public through the "Credit China" website and the website designated by the competent (regulatory) department in this field.
The criteria for identification should also specify the conditions, procedures and remedies for removal from the list.
The certification standard-setting department shall regularly organize a third-party assessment of the effect of standard implementation and timely revision.
For the list system of seriously untrustworthy entities implemented only at the local level, the criteria for determining the list should be specified by local regulations.
(8) Strictly perform the procedures for identifying the list of seriously untrustworthy entities.
Before the administrative agency makes a decision on the list of entities to be identified as seriously untrustworthy, it shall inform the parties of the reasons and basis for the decision and the rights enjoyed by the parties in accordance with the law; if the parties raise objections, they shall verify the results and feed back the results within the prescribed time limit.
To include market entities on the list of severely untrustworthy entities, the identification department shall rely on the corresponding administrative decision documents to specify the reason, basis, prompts for untrustworthy disciplinary measures, removal conditions and procedures, and relief measures, etc., and the identification department may also make separate identifications if necessary The decision document for the list of seriously untrustworthy entities.
In principle, the list of seriously untrustworthy entities shall be determined by the relevant departments of the people's government at or above the county level (including the county level) in accordance with relevant standards, and the provisions of laws, regulations and departmental rules shall be followed if they are otherwise provided.
5. Punishment for dishonesty in accordance with laws and regulations
(9) Determine punishment measures for dishonesty in accordance with laws and regulations.
The disciplinary measures taken against untrustworthy entities that reduce their rights or increase their obligations must be based on specific facts of untrustworthy conduct, directly invoke laws, regulations, or policy documents of the Party Central Committee and the State Council, and implement inventory management.
The lead unit of the inter-ministerial joint meeting, in conjunction with relevant departments, compiles and regularly updates the basic list of sanctions against dishonesty throughout the country in accordance with laws and regulations. The member units of the inter-ministerial joint meeting and other relevant departments can put forward suggestions for disciplinary measures to be included in the list in accordance with laws and regulations. The leading unit of the meeting sorted out the summary list, solicited opinions from various regions, relevant departments and relevant market players, industry associations and chambers of commerce, legal service agencies, experts and scholars and the public, and submitted it to the inter-ministerial joint meeting for review and announcement to the public and organize implementation.
Localities can formulate supplementary lists of sanctions applicable to local untrustworthiness in accordance with local laws and regulations and with reference to the procedures for formulating the basic list of sanctions against dishonesty throughout the country.
No department (unit) shall force financial institutions, credit service agencies, industry associations and chambers of commerce, news media and other entities to punish untrustworthy entities.
(10) Ensure that the punishment is equal.
In accordance with the principles of legality, association, and proportionality, in accordance with the list of sanctions for dishonesty, and according to the nature and severity of the dishonesty, appropriate disciplinary measures shall be taken to prevent minor and excessive punishments.
No department (unit) may use existing regulations to punish untrustworthy behaviors by adding disciplinary measures in addition to laws, regulations, or policy documents of the Party Central Committee and the State Council, or adding heavier punishments to statutory disciplinary standards.
6. Improve and perfect the credit repair mechanism
(11) Establish and improve supporting mechanisms for credit restoration.
The competent (regulatory) department of the relevant industry shall establish a credit repair mechanism that is conducive to self-correction and self-renewal.
In addition to laws, regulations, and policy documents of the Party Central Committee and the State Council that clearly stipulate that untrustworthy information cannot be repaired, untrustworthy entities can apply for credit repair if they correct their untrustworthy behavior and eliminate adverse effects as required.
Relevant departments (units) should formulate specific regulations on credit restoration, and clarify the methods and procedures for restoration.
Those that meet the repair conditions shall be removed from the list of seriously untrustworthy subjects in a timely manner in accordance with relevant regulations, and the sharing of relevant untrustworthy information shall be terminated, or the relevant untrustworthy information shall be marked, blocked or deleted.
(12) Improve the efficiency of credit repair.
Strengthen the sharing of credit restoration information, speed up the establishment and improvement of coordinated linkage, "one network and one network" mechanism, and effectively solve the problem of "difficult credit restoration".
Relevant industry supervisory (regulatory) departments, the national credit information sharing platform, and the "Credit China" website should clarify that specialized personnel are responsible for credit restoration work, complete eligible credit restoration applications within the prescribed time limit, and must not apply for credit restoration in any form The entity charges fees.
Seven, strengthen information security and privacy protection
(13) Strengthen the security management of credit information.
Public credit information systems at all levels shall, in accordance with the requirements for protecting the rights and interests of market entities, clarify information inquiries and use rights and procedures, establish and improve information inquiries and use registration and review systems, and prevent information leakage. If information is leaked deliberately or due to work errors, it shall be in accordance with the law. Relevant units and personnel are strictly held accountable under the regulations.
Strictly investigate and deal with leaks, tampering, damage, theft of credit information, or the use of credit information for personal gain, and severely crack down on illegal acts of illegally collecting and buying and selling credit information in the name of building a social credit system.
(14) Strengthen the protection of personal privacy.
All regions and relevant departments shall follow the principles of lawfulness, fairness, necessity, and minimization, collect and use personal credit information in strict accordance with the public credit information catalog, and clearly state the purpose, method and scope of information collection and use, and with the consent of the person, laws and regulations have otherwise The regulations follow their regulations.
It is forbidden for any unit or individual to collect and use personal credit information without authorization, mandatory authorization or one-time authorization for life.
Intensify the investigation and punishment of illegal acquisition, dissemination, use, leakage, tampering, destruction, theft, and sale of personal information.
Relevant departments should implement key supervision of financial institutions, credit reporting agencies, Internet companies, big data companies, and mobile application operating companies, and strictly regulate their collection, storage, use, processing, transmission, provision and disclosure of personal information.
8. Focus on strengthening the construction of the rule of law
(15) Accelerate the construction of credit laws and regulations.
Adhere to the track of the rule of law, accelerate the study and advancement of the legislative process of social credit laws and regulations, straighten out the relationship between punishment for dishonesty and administrative measures, and consolidate the foundation of the rule of law.
Where the current laws and regulations are insufficient to punish untrustworthy behaviors and it is indeed necessary to increase the disciplinary efforts, all regions and relevant departments shall promptly propose amendments to the law to ensure that punishments for untrustworthiness are carried out in strict accordance with laws and regulations.
(16) Promote the establishment of a social credit system in strict accordance with laws and regulations.
Strictly regulate the scope of credit information collection, sharing, and disclosure in accordance with laws and regulations, strictly regulate the list of serious untrustworthy entities, punishment for untrustworthiness, and credit restoration, and ensure that the construction of the social credit system runs on the track of the rule of law.
The untrustworthy behaviors of minors, untrustworthy behaviors caused by force majeure such as natural disasters or epidemics, and non-subjective intentional and minor untrustworthy behaviors shall be recognized, recorded and punished with tolerance and prudence.
Resolutely investigate and crack down on all types of infringements, protect credit information security, business secrets and personal privacy in accordance with laws and regulations, and protect the legitimate rights and interests of various credit subjects in accordance with laws and regulations.
Nine, strengthen organization and implementation guarantee
Implement the main responsibility.
The competent (regulatory) departments of each industry must earnestly fulfill their responsibilities as the main body of credit supervision in the industry, and do a good job in the identification, recording, collection, sharing, disclosure, punishment and credit restoration of untrustworthy conduct in accordance with laws and regulations. The inter-ministerial joint meeting lead unit shall coordinate The judicial organs and other responsible units that have been clearly authorized to do the relevant work.
Local units leading the construction of the social credit system at all levels must earnestly perform their duties of overall planning and coordination, and strengthen standardized guidance for the construction of the social credit system in the region.
Strengthen accountability.
Record, share, and disclose credit information in violation of laws and regulations outside the public credit information catalog, implement disciplinary measures for violations of laws and regulations outside the list of disciplinary measures for untrustworthiness, as well as arbitrarily identifying a list of serious untrustworthy entities not in accordance with standards and procedures, and handling credit restoration in a timely manner, etc. For actions, relevant units and personnel shall be held accountable in accordance with laws and regulations.
Strengthen publicity and interpretation.
Encourage all kinds of media to actively carry out honesty and trustworthiness publicity and education, in-depth report on advanced models of honesty and trustworthiness, conduct constructive public opinion supervision of untrustworthy behaviors and incidents, and advocate honesty and trustworthiness.
Give full play to the role of relevant departments, industry associations and chambers of commerce, experts and scholars, news media, etc., explain and interpret credit policies in a timely manner, actively respond to the concerns of all sectors, strengthen positive guidance, and create a good public opinion environment.
Grasp the time node.
All regions and relevant departments shall, in accordance with the requirements of this opinion, sort out and evaluate the measures that have been issued for the identification, recording, collection, sharing, disclosure, punishment and credit restoration of untrustworthy conduct, and timely regulate those that do not meet the requirements of this opinion.
Set a transition period for the list system of severely untrustworthy entities that have a clear basis to continue to retain, and update the list identification standards and procedures that need to be adjusted according to the requirements of this opinion before the end of 2021, and all those that do not comply with the requirements of this opinion after the transition period will be abolished.
Office of the State Council
December 7, 2020
(This piece is publicly released)