Chapter I General Principles
Article 1 In order to standardize the supervision and management of social credit, safeguard the legitimate rights and interests of credit subjects, promote the construction of social credit system, and improve the awareness of social integrity and credit level, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province.
Article 2 These Regulations shall apply to the construction of social credit environment, the collection and disclosure of social credit information, the application of social credit information, the protection of the rights and interests of credit subjects, and the standardization and development of credit service industry within the administrative area of this province.
The term "social credit" as mentioned in these Regulations refers to the state in which natural persons, legal persons and unincorporated organizations with full capacity for civil conduct (hereinafter referred to as credit subjects) perform their legal obligations and agreed obligations in social and economic activities.
The social credit information mentioned in these Regulations refers to objective data and materials that can be used to identify, analyze and judge the credit status of credit subjects, including public credit information and non-public credit information. Public credit information refers to social credit information generated or obtained by state organs and organizations authorized by laws and regulations to manage public affairs (hereinafter referred to as public credit information providers) in the process of performing their functions and providing services according to law. Non-public credit information refers to social credit information generated or obtained by credit service institutions, trade associations, chambers of commerce, other enterprises, institutions and organizations (hereinafter referred to as non-public credit information providers) in the process of production, operation and service provision, as well as credit information provided by credit subjects in the form of statements, independent statements and social commitments.
Article 3 The construction of social credit system adheres to the principles of government promotion, social construction, information sharing, rights protection and the combination of rewards and punishments.
Article 4 The people's governments at or above the county level shall strengthen their leadership over social credit work and incorporate the construction of social credit system into the national economic and social development plan; Compile the construction plan of social credit system, guarantee the working funds, and incorporate social credit work into the target responsibility system assessment system; Establish and improve the coordination mechanism of social credit system construction, and promote the construction of social credit system as a whole.
The development and reform department of the fifth provincial people's government is the competent department of social credit work in the province, responsible for formulating relevant management norms and policies and measures for the construction of social credit system in the province, and guiding, coordinating, supervising and managing the construction of social credit system in the province.
The competent department of social credit work determined by the people's governments of cities (autonomous prefectures) and counties (cities, districts) with districts is responsible for the guidance, coordination and related supervision and management of the construction of social credit system within their respective administrative areas, and supervises and guides the collection, opening up and application of social credit information.
The relevant departments of the people's governments at or above the county level, such as public security, human resources and social security, natural resources, market supervision, ecological environment, housing and urban and rural construction, and government affairs, shall, according to their respective functions and duties, do a good job in the construction of social credit system and promote the construction of social credit system.
Article 6 The provincial people's government shall establish a unified social credit information sharing platform to collect and manage social credit information. The relevant departments of the people's governments at or above the county level shall incorporate the collected social credit information into the social credit information sharing platform.
The industry credit information system established by the relevant departments and units of the provincial people's government, such as public security, human resources and social security, natural resources, market supervision, ecological environment, housing and urban construction, and government affairs disclosure, shall be interconnected with the provincial social credit information sharing platform and updated synchronously.
The social credit department of the provincial people's government should strengthen communication and cooperation with the judicial organs and the central units in Hunan, and promote the open cooperation between the provincial social credit information sharing platform and the financial credit information basic database and other related credit information platforms to meet the needs of social applications.
Chapter II Construction of Social Credit Environment
Seventh people's governments at all levels should strengthen the construction of government integrity, give play to the exemplary role of the people's government and its staff in the construction of social credit, govern in good faith, act in good faith, enforce the law in good faith, enhance the transparency of decision-making and enhance the credibility of the government.
The people's governments at all levels and their relevant departments shall fulfill the policy commitments made to market players according to law and all kinds of contracts concluded according to law, and shall not break the contract on the grounds of adjustment of administrative divisions, change of government, adjustment of institutions or functions, replacement of relevant responsible persons, etc. If the policy commitments and contractual agreements need to be changed due to the public interests of the state and society, it shall be carried out in accordance with the statutory authority and procedures, and the market participants shall be compensated according to law.
In the process of performing their duties, administrative organs and their staff members shall be included in the record of government dishonesty because of judicial decisions, administrative penalties, disciplinary actions, accountability and other information. The main person in charge of the government or department that caused the loss of trust in government affairs shall be investigated for responsibility according to law; For staff with a record of dishonesty in government affairs, measures such as restricting evaluation and giving priority to employment shall be taken in accordance with relevant regulations.
Article 8 Market participants should enhance their awareness of the rule of law and the spirit of contract, perform their duties in good faith, compete fairly, standardize business practices, reduce operating costs, and maintain good business relations.
The people's governments at or above the county level and their relevant departments shall establish and improve the life-cycle credit management system of market players, and strengthen credit management and services in the fields of safety production, food and medicine, trade circulation, finance and taxation; Innovate credit supervision beforehand, implement credit commitment system in administrative licensing and other matters in accordance with state regulations, and take the performance of credit commitment as the basis for post-event supervision.
Article 9 The public, enterprises, institutions and social organizations shall enhance their sense of honesty, be honest and trustworthy, and exercise self-discipline and maintain good credit.
The people's governments at or above the county level and their relevant departments shall strengthen the construction of social integrity in the fields of education and scientific research, medical and health care, social security, intellectual property rights, ecological environment and natural resources, promote social civilization and progress, and maintain social harmony and stability.
Tenth judicial organs should strengthen the construction of judicial public trust, promote judicial openness, improve the supervision and restriction mechanism, safeguard fairness and justice, and improve judicial credibility.
Article 11 People's governments at all levels and their relevant departments should strengthen the publicity and education of honesty culture, popularize social credit knowledge, run honesty construction through the whole process of civic moral construction and spiritual civilization construction, publicize honesty models and carry forward socialist core values.
Schools, families and society should carry out honesty education.
Newspapers, radio, television, internet and other mass media should publicize the deeds of typical people who are honest and trustworthy, and add honesty and trustworthiness to public service advertisements.
Chapter III Collection and Disclosure of Social Credit Information
Twelfth public credit information directory management. The public credit information catalogue includes the national public credit information basic catalogue and the local public credit information supplementary catalogue.
The scope of the supplementary catalogue of local public credit information shall be specially stipulated by local regulations.
Where there are special provisions in local laws and regulations on the inclusion of public credit information, the competent department of social credit work of the people's government of a province or a city divided into districts (autonomous prefecture) may, jointly with relevant departments, compile a supplementary catalogue of local public credit information suitable for their respective administrative areas on the basis of the basic catalogue of national public credit information and related projects compiled by the state. The public credit information listed in the catalogue shall specify its corresponding specific behavior, publicity attribute, enjoyment scope, collection source and channel, update frequency and other contents one by one.
When compiling the supplementary catalogue of local public credit information, the opinions of relevant localities, departments and relevant market entities, industry associations, chambers of commerce, legal service institutions, experts and scholars and the public shall be widely solicited, submitted to the higher authorities in accordance with regulations and made public.
Thirteenth public credit information providers should provide public credit information in a timely, accurate and complete manner according to the requirements of the information catalogue, and collect it into the social credit information sharing platform.
Article 14 Credit service institutions, trade associations, chambers of commerce and other enterprises, institutions and organizations shall, in accordance with the principles of truthfulness, objectivity and comprehensiveness, collect non-public credit information generated in the course of their own production, operation and service provision according to law.
Encourage credit service institutions, trade associations, chambers of commerce, other enterprises, institutions and organizations and other non-public credit information providers to provide the collected non-public credit information to the social credit information sharing platform in accordance with the agreement. Non-public credit information providers shall be responsible for the legality, authenticity and accuracy of the credit information they provide.
Article 15 Credit subjects are encouraged to provide their own social credit information to social credit information sharing platforms, credit service institutions, trade associations and chambers of commerce in the form of statements, independent statements and social commitments, and are responsible for the legality, authenticity and accuracy of the social credit information provided.
Article 16 Public credit information shall be made public by means of publicity, enjoyment of government affairs, authorized inquiry, etc. The specific disclosure method shall be stipulated by the public credit information provider.
Non-public credit information can be disclosed through active disclosure and authorized inquiry by credit subjects.
Seventeenth provincial people's government departments in charge of social credit work shall formulate and publish social credit information query service standards, and provide convenient query services to the society through platforms, websites, mobile terminals and service windows.
Eighteenth in the process of collection, provision, disclosure and application of social credit information, no unit or individual may carry out the following acts:
(a) fiction, tampering, illegal deletion of social credit information;
(two) the disclosure of social credit information involving state secrets, commercial secrets and personal privacy;
(three) illegal acquisition and sale of social credit information;
(four) other acts prohibited by laws and regulations.
Chapter IV Application of Social Credit Information
Article 19 In the work of administrative licensing, administrative inspection and social security, state organs may inquire about public credit information and purchase credit services and products according to the needs of performing their duties.
State organs shall inquire and make use of the credit status of market participants who participate in public resource transactions, financial support and other activities according to law.
The competent department of social credit work of the provincial people's government shall announce to the public the catalogue of applications for public credit information inquiry.
Article 20 State organs shall establish an enterprise credit information inquiry system of their own units, set the authority and inquiry procedures of their own inquiry personnel, establish an inquiry log, and record the names, inquiry time, content and purpose of the inquiry personnel. The query log should be kept for a long time.
Twenty-first to abide by the statutory obligations or agreed obligations of the credit subject, after examination, by the state organs in accordance with the relevant provisions of the state and the province to take the following incentives:
(a) to give priority, credit commitment, subsidies and other convenient measures in the implementation of administrative management and the provision of public services;
(two) in the financial support and recognition awards, under the same conditions, the following persons are the priority objects;
(three) in the transaction of public resources, give credit points and improve credit;
(four) in the daily supervision, reasonably reduce the proportion and frequency of spot checks;
(five) other awards stipulated by laws, regulations and the state and province.
Article 22 The competent department of social credit of the provincial people's government shall, jointly with relevant departments, formulate a joint incentive policy of trustworthiness, and promptly push the typical list of trustworthiness to relevant departments and institutions at the provincial level, which shall be responsible for implementing the relevant joint incentive policies in this system and in this field.
Article 23 Upon examination, the state organ shall, within the scope of its statutory authority, take the following regulatory measures on related matters with respect to the credit subjects who violate their statutory obligations or agreed obligations:
(a) in the implementation of administrative licensing and other work, as the key review object;
(two) in the financial funds and project support, according to the actual situation to give corresponding restrictions;
(three) in the administrative management, the enjoyment of administrative convenience measures is restricted;
(four) in the daily supervision and inspection, as the focus of supervision and inspection, strengthen on-site inspection;
(five) laws, regulations and other regulatory measures prescribed by the state.
Twenty-fourth according to laws, regulations or state regulations, if the credit subject needs to take disciplinary measures for dishonesty in violation of legal obligations or agreed obligations, the disciplinary measures for dishonesty shall be managed by list system. 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.
Special provisions on the scope of the supplementary list of local disciplinary measures for dishonesty shall be set by local regulations.
Where there are special provisions in local laws and regulations on disciplinary measures for dishonesty, the competent department of social credit work of the people's government of a province or city divided into districts (autonomous prefecture) may, jointly with relevant departments, compile a supplementary list of local disciplinary measures for dishonesty applicable to its administrative region in addition to the basic list of disciplinary measures for dishonesty in the country.
To compile a supplementary list of local disciplinary measures for dishonesty, opinions of relevant localities, departments and relevant market entities, trade associations and chambers of commerce, legal service institutions, experts and scholars and the public shall be widely solicited, and submitted to higher authorities and made public according to regulations.
Twenty-fifth credit subject in any of the following circumstances, the state organs shall, in accordance with laws, regulations and state regulations, put it on the list of serious untrustworthy subjects:
(1) Seriously damaging the health and life safety of natural persons;
(2) Seriously undermining the fair market competition order and normal social order;
(3) Refusing to perform legal obligations, which seriously affects the credibility of judicial organs and administrative organs;
(4) Refusing to perform national defense obligations, endangering national defense interests and destroying national defense facilities;
(five) other serious cases of dishonesty as stipulated by laws, regulations and the state.
Article 26 Before making a decision to identify the list of serious untrustworthy subjects, the state organ shall inform the credit subjects in writing of the reasons, basis and rights they enjoy according to law; If the credit subject raises an objection, it shall verify it and feed back the result in time.
The state organ shall issue a written decision to include the credit subject in the list of serious untrustworthy subjects, stating the reasons, basis, tips on disciplinary measures for dishonesty, conditions and procedures for delisting, and relief measures, and serve them to the credit subject according to law, and timely announce the list of serious untrustworthy subjects to the society through the provincial social credit information sharing platform.
Twenty-seventh legal persons and organizations without legal personality are included in the list of subjects of serious dishonesty, and shall indicate the information of legal representative and responsible person in the list of serious dishonesty according to law, and shall be punished in accordance with laws, regulations and state regulations.
Article 28 Before implementing regulatory measures or disciplinary measures, state organs shall inform credit subjects in writing of the laws, regulations and relevant state regulations on which relevant measures are based, as well as the contents and providers of public credit information.
Twenty-ninth disciplinary measures against credit subjects should be adapted to the nature, circumstances and social harm of credit subjects' dishonesty, and should not exceed the statutory conditions, types and scope.
If the credit subject is included in the list of serious untrustworthy subjects or disciplinary measures are taken, it has the right to make statements and defenses.
Thirtieth to encourage market participants in social and economic activities, according to the credit status of credit subjects, give preferential treatment and convenience to trustworthy subjects, increase trading opportunities and other measures to reduce market transaction costs; Take measures to increase the transaction cost of the market, such as canceling the preferential treatment and increasing the margin.
Encourage financial institutions to give preferential treatment or convenience to trustworthy subjects in terms of financing credit, interest rates and repayment methods, increase loan interest rates and property insurance rates in accordance with relevant state regulations, or restrict the provision of loans, sponsorship, underwriting, insurance and other services to untrustworthy subjects.
Encourage industry associations and chambers of commerce to strengthen the construction of industry credit, and take measures such as mainly recommending trustworthy subjects and upgrading the membership level according to the industry self-discipline convention and the articles of association of industry associations and chambers of commerce; Take some measures, such as industry warning, informed criticism, lowering membership level, canceling membership, etc.
Chapter V Protection of Rights and Interests of Credit Subjects
Thirty-first credit subjects have the right to query and copy their own social credit information, and have the right to know about the collection and use of social credit information related to them, as well as the sources of information and reasons for changes stated in their credit reports.
Thirty-second credit subjects believe that there are errors or omissions in the content of their social credit information, or that their legitimate rights and interests have been violated in the process of information collection, disclosure and use, they may file an objection application with the social credit information provider or the competent department of social credit work.
After receiving the objection application, the social credit information provider or the competent department of social credit work shall review and handle it within three working days from the date of receiving the objection application; If other units need to assist in verifying information, they shall verify and handle it within five working days from the date of receiving the objection application. The handling result shall be notified to the objection applicant in writing.
In the process of handling the objection application, the objection information shall be marked.
Thirty-third social credit information providers find that the credit information they provide to the social credit information sharing platform is wrong or omitted, they should make timely changes and submit the changed information to the social credit information sharing platform within three working days.
Article 34 After the collection of credit information of credit subjects, if the effective legal documents such as judgments, rulings and administrative penalty decisions confirming the credit status of credit subjects are revoked or changed according to law, the original credit information provider shall promptly notify the competent department of social credit work of the people's government at the same level in writing, and the competent department of social credit work shall make corresponding amendments within three working days from the date of receiving the written notice.
Article 35 The time limit for the social credit information sharing platform to provide untrustworthy information inquiry services to credit subjects shall be implemented in accordance with state regulations. When the inquiry period expires, if the subject of dishonesty is within the disciplinary period, the inquiry period will be extended to the end of disciplinary action for dishonesty.
Upon expiration of the inquiry period, the social credit information sharing platform shall not provide inquiry service, unless otherwise stipulated by laws and regulations.
Article 36 During the inquiry period, if the credit subject actively corrects the dishonest behavior and eliminates the adverse effects, he may submit a written application for restoration and relevant certification materials to the social credit information provider, who shall handle it in accordance with the relevant provisions of the state after accepting it, and inform the applicant in writing in a timely manner of the results. In line with the provisions of credit repair, the social credit information sharing platform no longer provides untrustworthy information inquiry. Unless the laws, regulations or state regulations do not allow repair.
Chapter VI Standardization and Development of Credit Service Industry
Thirty-seventh social credit departments should strengthen the cultivation, supervision and management of credit service institutions, formulate policies and measures to regulate the development of credit service industry, and promote the healthy and orderly development of credit service industry.
Thirty-eighth credit service institutions should follow the principles of objectivity, fairness and prudence in collecting and processing social credit information and providing credit services and products, and accept supervision and management according to law.
Credit service institutions shall perform the obligations of network security, data security and personal information protection in accordance with laws and regulations, and shall not endanger national security, public safety and public interests, or damage the legitimate rights and interests of credit subjects.
Credit service institutions shall provide relevant services to credit subjects, and shall not bind services with social credit information collection, and shall not force or force credit subjects to accept them in disguise.
Thirty-ninth credit service institutions shall not undertake business through false propaganda, commitment rating and other means.
Credit service institutions should be objective and true when rating credit, and should not maliciously rate credit subjects.
Fortieth encourage credit service institutions to provide credit services and products to the society through credit rating, credit guarantee, credit management consultation and training.
Encourage credit service institutions to use big data, blockchain and other technologies to develop credit products with independent intellectual property rights and expand credit application services.
Encourage market participants to inquire about social credit information and use credit services and products in market transactions, business operations, financing and credit activities.
Forty-first credit service industry associations should strengthen self-discipline management, formulate industry standards, technical specifications and management norms, carry out publicity and training and industry information dissemination activities, and enhance industry service capabilities and credibility.
Forty-second institutions of higher learning and secondary vocational colleges are encouraged to set up credit management related majors and cultivate credit service professionals.
Encourage credit theory research and academic exchanges, and introduce credit service talents.
Chapter VII Legal Liability
Forty-third acts in violation of the provisions of this Ordinance, network security, data security, personal information protection, guarding state secrets and the protection of minors and other relevant laws and administrative regulations have been punished, from its provisions; Whoever infringes upon the privacy and other civil rights of others shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-fourth social credit departments, public credit information providers and their staff have one of the following acts, which shall be ordered by the competent department to make corrections; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) fiction, tampering, illegal deletion of public credit information;
(two) disclosure of public credit information involving state secrets, commercial secrets and personal privacy;
(3) Failing to provide, collect and disclose public credit information as required;
(four) illegal acquisition and sale of social credit information;
(5) Failing to perform the duties of objection information processing and credit repair according to law;
(six) the illegal implementation of incentives, supervision and disciplinary measures;
(seven) other acts of abuse of power, favoritism and dereliction of duty.
Article 45 If a non-public credit information provider and its staff commit any of the following acts, the social credit department of the people's government at or above the county level or the department prescribed by laws and regulations shall order it to make corrections within a time limit, impose a fine of not less than 50,000 yuan but not more than 300,000 yuan on the unit, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan on the directly responsible person in charge and other directly responsible personnel; Illegal income, confiscate the illegal income; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Inventing, tampering with or illegally deleting non-public credit information;
(2) disclosing non-public credit information involving state secrets, commercial secrets and personal privacy;
(3) illegally obtaining or selling social credit information;
(four) through false propaganda, commitment to evaluate the level of business;
(5) Malicious rating of credit subjects;
(six) other acts that infringe upon the legitimate rights and interests of credit subjects prohibited by laws and regulations.
Chapter VIII Supplementary Provisions
Article 46 These Regulations shall come into force as of September 6, 2022.