Zhejiang Province Regulations on Managing Public Credit Information

Table of Contents

Chapter 1 – General Principles

Chapter 2 – Information Collection and Disclosure

Chapter 3 – Incentives and Punishments

Chapter 4 – Protecting the Rights and Interests of Information Subjects

Chapter 5 – Legal Responsibility

Chapter 6 – Supplementary Provisions

Chapter 1

General Principles

Article 1. The Present Regulations are enacted in accordance with relevant laws, administrative regulations, stipulations of the State Council, and the reality of our Province, to standardize the collection, disclosure, use of public credit information, as well as incentives for those who maintain trust and punishments for those who breach trust, the creation of an environment of social integrity, to reduce the costs of social governance and market transactions.

Article 2. The present Regulations shall apply to activities involving the collection, disclosure, use and management of public credit information within the jurisdiction of our Province.

The public credit information in the present Regulations refers to data and materials on the credit status of natural persons, legal persons and unincorporated organizations with full civil capacity (hereinafter referred to as information subjects) produced during the performance of their functions by state institutions, organizations etc. that have been vested with the functions of managing public affairs by laws, administrative regulations and rules, as well as other mass organizations (hereinafter collectively referred to as public credit information providers)

Article 3. The collection, disclosure, use and management of public credit information shall follow the principles of legality, safety, timeliness and accuracy. It shall not infringe upon state secrets, trade secrets and personal privacy.

Article 4. People’s governments at or above the county level shall incorporate the construction of a social credit system in planning for national economic and social development, promote the construction of public credit in each industry and field within their administrative area, cultivate and standardize the credit service market, and coordinate to solve major problems in the construction of social credit.

Article 5. Provincial development and reform departments shall be responsible for the comprehensive coordination of provincial public credit information management work. Their public credit institutions (hereinafter referred to as provincial public credit institutions) shall be responsible for processing, disclosing, using and servicing public credit information in the province.
Departments designed by the People’s Governments of cities and counties (cities, districts) divided into districts (hereinafter referred to as general departments for public credit construction) shall be responsible for the comprehensive coordination of the public credit information management within their administrative area.
Organization for public data work recognized by People’s Government at the county level and above shall be responsible for the collection of public credit information.

Article 6. State organs and their staff shall perform their duties in accordance with the law, improve the consciousness and level of compliance with the law and contracts, and play an exemplary role in the construction of a social credit system.
The public should abide by relevant laws, regulations and rules, to make the performance of contracts and the fulfilment of promises, honesty and trustworthiness become a voluntary standard of behavior of the whole people.

Article 7. State organs, industry associations (chambers of commerce), enterprises, schools and grassroots autonomous organizations shall publicize and disseminate public credit work.
Encourage all kinds of social organizations and enterprises to establish a system of credit management and education, organize the signing of credit commitment letters, and conduct training activities on credit knowledge and establishing trustworthiness, to cultivate a unit culture of credit.

Article 8. Radio, television, newspapers and the new media shall play the role of propaganda and of guiding the public opinion, and promote a culture of sincerity and the spirit of contract.

Chapter 2
Information Collection and Disclosure

Article 9. Provincial public credit institutions establish the credit record of information subjects using the unified social credit number.The content of credit records is divided into basic information, negative information and information on maintaining trust.
Negative information referred to in this Regulation refers to the public credit information which has a negative impact on the credit status of the information subject.

Article 10. The following information about an information subject shall be the basic information in his credit record:

(i) items relevant to the registration or record of legal persons and non-incorporated organizations (including individual business organizations) at relevant state institutions; identification information such as name and surname, ID card number, number of the entry and exit document for natural persons.
(ii) Information on administrative licensing.
(iii) Other information that, according to the law, regulations and rules, shall be collected as basic information.

Article 11. The following information about an information subject shall be the negative information in his credit record:

(i) information about administrative licences, administrative approvals, administrative payments and administrative rewards obtained through dishonest means such ad deception and bribery.
(ii) Information about administrative punishment decisions that have not been appealed against through administrative reconsideration, administrative litigation within the statutory term, or that have been upheld after administrative reconsideration and administrative litigation, with the exception of the cases where summary procedure has been used.
(iii) Information about criminal offences determined through an effective judgement.
(iv) Information about administrative decisions enforced through administrative coercion.
(v) Information about non-compliance with judgments, arbitral awards and other effective legal documents.
(vi) Other negative information about violations of provisions of laws, administrative regulations, and rules as determined by law.
Article 12. Provincial reform and development departments shall, together with provincial-level units providing public credit information, jointly formulate and regularly update the provincial public credit information catalog in accordance with the present Regulations. They shall specify the public credit information items that, within each industry and each field, need to be included in the catalog. Information which, according to laws, administrative regulations and rules, is entered into credit records shall be included in the provincial public credit information catalog.
Public comments shall be solicited about the draft catalog of provincial public credit information, compiled by provincial development and reform departments.Provincial development and reform departments shall organize an evaluation with provincial-level units providing public credit information, and hear the opinion of relevant representatives from mass organizations and experts, where there exist a notable divergence of views about specific items to be included in the public credit information catalog, of where their inclusion may significantly affect society.
The provincial public credit information catalog is released by provincial development and reform departments after it has been compiled.

Article 13. Provincial-level units providing public credit information shall, in accordance with the provincial public credit information catalog, collect public credit information about industries and field in a timely, accurate, and complete manner, and submit such information to the provincial organization for public data work. Provincial-level units providing public credit information are responsible for the authenticity and completeness of the public credit information submitted.The specific methods of collection and submission of public credit information shall be implemented in accordance with the provisions of the provincial government on public data and e-government administration.
The provincial organization for public data work shall provide the public credit information it has collectd to the provincial public credit work institution.
The provincial public credit institution shall, within five working days of receiving public credit information provided by the provincial organization for public data work, complete the information’s comparison and integration, compile or update the information subject’s credit file.

Article 14. It is prohibited to collect information on religious beliefs, genes, fingerprint, blood type, diseases, and the medical history of natural persons, as well as other information about natural persons which collection is prohibited by laws and regulations.
No information on the income, deposit, securities, commercial insurance, real estate and the amount of tax of natural persons shall be collected without their written consent.

Article 15. Public credit information about legal persons and unincorporated organizations is disclosed through the methods of public, administrative sharing, and inquiry.
Public credit information about natural persons is disclosed by through the methods of administrative sharing, and inquiry, except when otherwise stipulated by laws and regulations, that it is not to be disclosed.

Article 16. The time limit for storing and disclosing negative information shall be of five years, calculated from the day when the negative conduct or incident was confirmed. Where the punishment of deprivation of liberty is imposed according to the law, the time limit shall be calculated from the date of the execution of the sentence. Where an information subject is included in the list of units seriously breaching trust in accordance with provisions of the present Regulations, and the time limit for storing and disclosing negative information has expired but he has not been removed from the list of units seriously breaching trust, the time limit for storing and disclosing negative information shall be extended until the day when the removal will take place. Where laws, regulations and relevant rules of the state make different stipulations about the time limit for storing and disclosing information, they shall be followed.
After the period for storing and disclosing negative information has expired, such information shall be deleted from the credit file. Except as it otherwise provided in laws and regulations.

Article 17. The provincial public credit institution shall disclose public credit information to society according to the law, through the provincial public credit information service platform.

Article 18. The provincial public credit institution shall provide to the general departments for public credit construction of cities and counties (cities, districts) divided into districts , and to the provincial general department for public credit construction public credit information administrative sharing services adequate to the fulfillment of the needs of their professional functions.The specific measures for administrative sharing shall be adopted in accordance with relevant provisions of the State Council and of the provincial government.

Article 19. The provincial public credit institution and general departments for public credit construction in cities and counties (cities, districts) divided into district shall reasonably create a public credit information inquiry window.
Public credit information can be queried through the provincial public credit information service platform and the public credit information inquiry window.No fee shall be charged for the provision of inquiry services.
Where public credit information about a natural person is queried, a valid identification certificate of the person conducting the inquiry should be provided, as well as a certificate of authorization by the person who is queried.

Article 20. The provincial public credit institution, general departments for public credit construction in cities and counties (cities, districts) divided into districts, and public data work institution at all levels, units providing public credit information shall establish a safety management and confidentiality system, and strengthen the safety management of credit information submission, collection, recording, disclosure, and use. The provincial public credit institutions shall make a truthful record of public credit information inquiries, and store it for 10 years since the day when the record was generated.
Units and their staff involved in provisions of the preceding paragraph shall abide by the security management and confidentiality system. They shall not violate regulations by providing to any unit or individual information about information subjects that should not be publicly disclosed. They shall not disclose information concerning state secrets, trade secrets, and personal privacy.
Any unit or individual shall have the obligation to keep confidential information about information subjects that should not be publicly disclosed, and which has been obtained through inquiries or other channels. Without the authorization of the information subject, they shall not publicly disclose such information or provide it for the use of third parties

Chapter 3

Incentives and Punishments.

Article 21. During their daily supervision, administrative licensing, evaluation of qualification, government procurement, public tendering and bidding on government projects, capital assistance, public resources exchange, import and export management, periodical inspection, the recruitment and award of state work personnel, state institutions at all levels shall conduct inquiries on the credit records of information subjects according to the law.

Article 22. State institutions at all levels may, in accordance with State regulations, adopt incentives measures in administrative licensing, financial capital and project support, public resources transactions for subjects who maintain trust.
Financial institutions are encouraged to give to information subjects whose credit record they have determined to be good preferential or otherwise favorable treatment in loans, interest rates, repayment.
Other market subjects are encouraged to give information subjects whose credit record they have determined to be good preferential or otherwise favorable treatment.

Article 23. Administrative organs may take the following regulatory measures with respect to subjects of negative information:

(i) list them as major targets of investigation in such work as administrative licensing.
(ii) In administrative management, revoke preferential administrative measures they have enjoyed.
(iii) In daily supervision and inspection, list them as major targets of inspection and intensify on-site inspections.
(iv) Other regulatory measures that can be adopted as stipulated by State and provincial regulations.

Article 24. Where an information subject has one among the negative information listed below, state institutions may include the information subject on the list of serious breaches of trust, and provincial public credit institutions shall disclose the list of serious breaches of trust to the public through the provincial public credit information service platform:

(i) information about obtaining administrative licenses related to health and life security through deceit, bribery and other dishonest means, and about the license revocation.
(ii) Information about conducts that severely harm personal health and life security, conducts that severely disrupt the order of the market economy and of social management, or conduct that harm the interest of national defense and stipulated by article 11, paragraph 2, and paragraph 3 of the present Regulations.
(iii) Information about having the capacity to comply wih the performance of effective judgments, arbitral awards and other legal documents, and yet refusing to comply.
(iv) Other relevant information relevant to the information subjects and that, according to laws and regulations should be included on the list of serious breaches of trust.

The administrative licenses or conducts referred to in the first and second sub-paragraphs in the preceding paragraph and related to harm to personal health and life security includes administrative licenses or illegal activities in the areas of food and drugs, ecological environment, engineering quality, safety production, fire safety, etc.
The conducts seriously undermining the order of the market economy and and of social management referred to in the second sub-paragraph in the first paragraph of this article include such conducts as commercial bribery, tax evasion and tax fraud, debt evasion, evasion of wages, illegal fund raising, contract fraud, multi-level marketing, unlicensed business operations, the production and sale of fake and counterfeit products, and the intentional infringement of intellectual property rights, illegal financing, bid rigging, false advertising, gathering a crowd to disrupt social order.
The conducts harming national defense referred to in the second sub-paragraph of this article include such conducts as the refusal to perform national defense obligations, refusing or evading military service, refusing or delaying the lawful expropriation of civilian resources, or obstructing the improvement of expropriated resources.
Where state institution decides to include an information subject on the list of serious breaches of trust, it shall make a written decision.The decision shall be signed and issued by the person responsible for the institution.

Article 25. Specific conditions for inclusion in and removal from the list of serious breaches of trust, as well as the period of disclosure shall be determined and promulgated by relevant provincial-level organs in accordance with relevant state provisions, and they shall be submitted to provincial development and reform departments.
State institutions at all levels shall, independently, impartially and objectively compile the list of serious breaches of trust in accordance with the inclusion and removal criteria in their respective industry and field, and with the regulatory requirements for the construction of a credit system.

Article 26. State institutions may adopt the following punishment measures on information subjects included on the list of serious breaches of trust:

(i) limit their participation in government procurement, tendering and bidding on government investment projects, bidding, auctioning, listing on state-owned land and other public resources transactions.
(ii) Implement measures for their exclusion (exit) from the market or an industry.
(iii) Limit their participation in infrastructure and public service licensing.
(iv) Limit high-level consumption.
(v) Limit their public office eligibility.
(vi) Restrict policy support loans, and other financial subsidies.
(vii) Restrict their participation to all types of praise and commendation activities organized by State institutions.
(viii) Revoke relevant honorary titles.
(ix) Other punishment measures to be adopted according to national and provincial laws, administrative regulation, and rules.

The punishment measures provided for in paragraphs 1 to 5 above shall be implemented according to the law and administrative rules. The punishment measures provided from in paragraphs 6 to 8 above shall be implemented according to the law, administrative regulations, rules and relevant state and provincial regulations.

Article 27. Where a legal person or an unincorporated organization is included in the list of units seriously breaching trust due to a conduct which seriously breaches trust, information about its legal representative, the main responsible person and the actual controller bearing responsibility for the said conduct shall be indicated in the list of units seriously breaching trust. State institutions may adopt relevant punishment measures, according to the law, on the legal representative, the main responsible person and the actual controller.

Article 28. Before including information subjects on the list of serious breaches of trust, state institutions shall, in accordance with provisions of the present Regulations, inform them of the reasons and basis of the inclusion. Where a decision is made to punish an information subjects included on the list of serious breaches of trust, he shall be informed of the reason, basis, remedial channels, and the conditions to lif the punishment.The information subject has the right to make representations and to defend himself.
Punishment measures adopted by a state institutions on an information subjects should be appropriate to the nature, circumstances and degree of social harmfulness of the information subject’s misdemeanor.
State institutions shall announce to society punishment measures adopted on those included on the list of serious breaches of trust.Unannounced punishment measures shall not be adopted.

Chapter 4

Protecting the Rights and Interests of Information Subjects

Article 29. The forgery and alteration of public credit information are prohibited. The acquisition or sale of public credit information in violation of state regulations is prohibited.

Article 30. Where the information subject believes that the public credit information disclosed by the provincial public credit institution is wrong, incomplete, it has been disclosed after the time limit for storing and disclosing information stipulated by the present Regulations has passed, it has been included in the list of serious breaches of trust while it does not conform to its concrete conditions, or it has not been removed from the list of serious breaches of trust, it may raise an objection to the provincial public credit institution.Where the information subject raises an objection, the provincial public credit work institution shall make an annotation about the objection, and handle it according to the following provisions, after it has been verified:

(i) where information is factually erroneous, it shall be deleted.
(ii) Where information has been erroneously written, it shall be corrected.
(iii) Where information has been omitted, it shall be supplemented.
(iv) Where information has been disclosed for a period exceeding the period stipulated by the present Regulations, its disclosure shall end.
(v) Where information that does not conform to the conditions of inclusion in the list of serious breaches of trust has been included in the list, or it has not been removed from the list, it shall be removed from the list of serious breaches of trust.

If the information subject refuses to comply with how the objection has been handled, it may apply for a review to the provincial development and reform department.
Provincial public credit institutions, provincial development and reform departments shall publish the telephone, e-mail, website where objections and requests for reconsideration are accepted.

Article 31. Provincial public credit institutions and provincial development and reform departments shall deal with objections and requests from reconsideration within 5 working days from the date of their acceptance. Where circumstances are complicated, after approval by the person responsible for the provincial development and reform department, the time limit may be extended, but it cannot exceed a total of 20 working days.
The provincial public credit work institution shall establish an archive of the objections they have handled.

Article 32. If the information subject with negative information actively rectifies his illegal conduct, and eliminates its negative effects, it may submit an application to repair credit to the unit providing public credit information that made an assessment about the illegal conduct. Where it accords with state and provincial regulations about credit repair, the unit providing public credit information shall make a decision to repair credit, which shall be notified in writing by the provincial level unit providing public credit information to the provincial public credit institution. The provincial public credit work institution shall delete negative information or indicate that credit repair has occurred, in accordance with the credit repair decision.
Provisions in the preceding paragraph shall not apply where the information subject has been included on the list of serious breaches of trust.
The specific methods of credit repair shall be separately determined by the provincial development and reform department in conjunction with the provincial public credit information units.

Chapter 5

Legal Responsibility

Article 33. Where provisions in the present Regulations are violated, and the law and administrative regulations have already made stipulations about legal responsibility, their stipulations shall be followed.

Article 34. Where provincial reform and development departments, provincial public credit institutions, general departments for public credit construction in cities and counties (cities, districts) divided into districts, as well as public data work institutions at all levels, and units providing public credit information and their personnel violate provisions in the present Regulations, keeping one of the following conducts, their directly responsible person and other directly responsible personnel shall receive the following sanctions according to the law by the competent authorities:

(i) failure to submit, collect, disclose public credit information and deal with objections in accordance with the present Regulations, which causes undesirable consequences.
(ii) Forgery or alteration of public credit information.
(iii) Disclosure of public credit information that shall not be disclosed without the consent of the information subject.
(iv) Disclosure of public credit information relating to state secrets, trade secrets and personal privacy.
(v) Disclosure of public credit information containing intentional mistakes or omissions or mistakes or omissions resulting from gross negligence.
(vi) Sale of public credit information.
(vii) Deletion, alteration of public credit information in violation of the present Regulations, or omission to delete, alter public credit information that should be deleted or altered.
(viii) Adoption of punishment measures on the information subject in violation of the present Regulations.
(ix) Other abuses of power, favoritism, and dereliction of duty.

Article 35. Units and individuals violating provisions in the present Regulations, where one of the following conducts is kept, shall have illegal income confiscated by provincial development and reform departments or by general departments for public credit construction in cities and counties (cities, districts) divided into districts. Units shall receive a fine of not less than 10.000 Yuan and not more than 100.000 yuan, and individuals shall receive a fine of not less than 1.000 yuan and not more than 10.000 yuan:

(i) Forging, altering information obtained through an authorization of the information subject.

(ii) Public disclosure or provision to third parties of information that should not be disclosed without an authorization of the information subject.

(iii) Other acts infringing upon the legitimate rights and interests of the information subject.

Chapter 6

Supplementary Provisions

Article 36. The present Regulations shall enter into force on 1 January 2018.

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