While the 19th Congress of the CCP is less than a month away, a debate tracing the possible future trajectories of social credit has already started, and it is focussing on local legislation.
This far, local legislation on social credit has been adopted by Shanghai Municipality, by Hubei, Hebei, Zhejiang, Shaanxi Province, and Shenzhen. While each one of these pieces of legislation is important in its own respect, the Shanghai social credit regulations play a unique role in driving change in social credit. The first Chinese city to introduce a credit rating system, since 2000 Shanghai has been shaping national trends in social credit.
Comments on the Shanghai social credit regulations – which went into effect yesterday – have been produced by Professor Lin Yu (Shanghai Academy of Social Sciences), and published on the latest issue of The Monthly Magazine of Shanghai People’s Congress (Shanghai Renda Yuekan). To enable readers to form an independent opinion on ongoing trends, the full translation of the article is available below. The original article can be found here.
The article provides a window into a little-known domestic debate on social credit. It lets all those with a stake in social credit understand how social credit is on the brink of change.
Change is always dense with possibilities. At the moment, there are signs that “social credit” may be morphing into a more sophisticated policy, designed to govern economic actors through big data management. While it is not possible to predict what shape and direction this process will take, one thing is certain.
Only those with the knowledge and skills needed to read and comprehend the ‘signals’ coming from within China will be able to understand possible future impacts on their activities, and on their rating. Ignoring upcoming changes or dismissing them as meaningless will entail significant risks.
Memorandum of Understanding on the Joint Punishment of Subjects of Liability of Listed Companies Who Engage in Misconduct or Breaches of Trust
In order to comprehensively implement the spirit of the 18th Party Congress, and of the 3rd, 4th, 5th, 6th, Plenums, to implement the requests of praising integrity and punishing breaches of trust, posed by such documents as the “State Council Opinions on Promoting Safe Competition and Safeguarding the Normal Order of the Market” (State Council Document no. 20 ), the “State Council Notice Issuing the Planning Outline on the Construction of a Social Credit System (2014-2020)” (State Council Document no. 21 , the “State Council General Office Notice on Further Strengthening the Protecton of the Rights and Interests of Small and Medium-Sized Investors in Capital Markets (State Council Document no. 110 ), the Development and Reform Commission, the SFC, the People’s Bank, the Central Spiritual Civilization Office, the Supreme People’s Court, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Transport, the Ministry of Commerce, SASAC, the General Administration of Customs, the General Administration of Taxation, the General Administration of Industry and Commerce, AQSIQ, the China Food and Drug Administration, the Central Leading Group for Cyberspace Affairs, CBRC, the Banking and Insurance Regulatory Commission, the Foreign Exchange Bureau, the National Federation of Trade Unions, on the basis of relevant laws and regulations, rules and normative documents, have reached the following unanimous opinion on the joint punishment of listed companies and related institutions and their personnel who engage in misconduct or breaches of trust.
Building the Party’s Governing Capability:
Walking the Internet Mass Line in the New Era
August 23, 2017. 11:31:27 – Source: Hongqi Wengao – Author: Nie Mingsheng
Following the development and application of network media technology, information transmission chains and action communication models based on mobile phones, SMS, blogs, Weibo, Weixin and app clients are deeply changing the traditional political ecology and the operational logic of real society. “Digital survival” in the Internet era has opened up entirely new avenues of participation in governance for the people (minqun). It has started a new model of public governance where questions are asked to government, politics is discussed and reasoned about through the Internet. At the same time, the “largest variable” of the Internet brings entirely new challenges to the ruling environment and to the methods of rule. During the Network Security and Informatization Work Symposium, General Secretary Xi Jinping stressed that: “Party institutions and leading cadres at all levels must learn to follow the mass line through the Internet, often use the Internet to understand what the masses think, collect good ideas and good suggestions, actively respond to netizens’ concerns, solve their doubts and clear-up confusion. Therefore, in the new era walking the mass line through the Internet, constantly innovating ruling ideas, ruling modes and methods, earnestly strengthening the construction of the Internet governing capability have become a strategic choice to push forward the construction of the Party’s governing capability.
Decree of the State Administration for Industry and Commerce
The Provisional Measures on Managing the Directory of Enterprises With Abnormal Operations have been reviewed and approved by the State Administration for Industry and Commerce. They are hereby published, and will enter into force on October 1, 2014.
Zhang Mao, Director
19 August 2014
Editor’s Note: the original version of this document is followed by four annexes containing the evaluation indicators to be used for different categories of NGOs. The annexes are not included to this translation, because central-level evaluation indicators issued in 2011 were subsequently revised.
Notice of the Ministry of Civil Affairs Issuing Evaluation Indicators for All Categories of Social Organizations
To the Civil Affairs Offices of all provinces, autonomous regions, municipalities directly controlled by the central government, to the Civil Affairs Offices of cities enjoying provincial-level status, and the Civil Affair Office of the Xinjiang Production and Construction Corps:
Since the issuance of the Ministry of Civil Affairs Guiding Opinion on Promoting the Evaluation of Non-Governmental Organizations (Ministry of Civil Affairs Document no. 127 ) in 2007, civil affairs offices at all levels have actively carried out the evaluation of social organizations according to the requirements of that document, and have achieved good social results. Through evaluation, social organizations strengthen their own construction, raise their capacity, and they gradually increase their credibility. In 2010, the Ministry of Civil Affairs issued a Notice on the Program for Promoting Standardized Management in the Field of Civil Affairs (For Trial Implementation) (Ministry of Civil Affairs Document no. 86 ), incorporating the evaluation of social organization in the project of standardization of the management of civil affairs. In December 2010, the Ministry of Civil Affairs promulgated the Measures for the Evaluation of Social Organizations (Ministry of Civil Affairs Decree no. 39), which further provided the policy and legal basis to perform the evaluation of social organizations.
National Development and Reform Commission Notice on
Lowering the Service Fees of Credit Reference Centers of the People’s Bank of China
Development and Reform Commission Price Regulation Document no. 1232 (2017)
People’s Bank of China:
In order to carry out the strategic decision-making deployments of the State Council, to further ease the burden on enterprises, to optimize the developmental environment of the real economy, to promote the development of the real economy and the construction of a social credit system, matters relevant to the standard for service fees of your credit reference centers are hereby notified to you, based on relevant stipulations of the “Regulations on Managing the Credit Reference Industry”:
1. The standard service fee for queries on enterprises credit reports by commercial banks and other institutions is lowered from 60 Yuan per report to 40 Yuan per report. The standard service fees for query on individual credit reports is lowered from 5 yuan per report to 4 yuan per report. The actual standard is determined according to the quantity of data provided by the credit report system to the user organization, and by the amount of queries conducted. The specific computation formula and fee calculation method are described in the appendix. Read More
Notice Issuing the
Memorandum of Understanding on the Joint Punishment of Subjects who Breach Trust in the Field of Insurance.
To all provinces, autonomous regions, municipalities directly controlled by the central government, and to relevant departments and institutions of the Xinjiang Production and Construction Corps:
In order to comprehensively implement the spirit of the 18th Party Congress, and of the 3rd, 4th, 5th, 6th, Plenums, to implement the requests of such documents as the “State Council Opinions on Promoting Safe Competition and Safeguarding the Normal Order of the Market” (State Council Document no. 20 ), the “State Council Opinions on Accelerating the Development of a Modern Insurance Sector” (State Council Document no. 29 ), the “State Council Notice Issuing the Planning Outline on the Construction of a Social Credit System (2014-2020)” (State Council Document no. 21 , and the “State Council Guiding Opinion on Improving the System of Joint Incentives and Joint Punishments and Accelerating the Construction of a Social Credit System” (State Council Document no. 3 ), the construction of credit in the insurance industry shall be accelerated, and the formation of a powerful joint force to praise integrity and punish breaches of trust shall be promoted.
Regulations on the Administration of Internet Follow-Up Comments Services
Article 1. The Present Regulations have been enacted in accordance with the ‘Network Security Law of the People’s Republic of China’ and the ‘Notice of the State Council Authorizing the State Internet Information Office to Take Responsibility for the Work of Managing the Content of Internet Information’, in order to regulate internet follow-up comments services, safeguard national security and the public interest, protect the legitimate rights and interests of citizens, legal persons and other organizations. Read More
Some Opinions of the Supreme People’s Court
on Providing Judicial Safeguards to Improve the Business Environment
SPC Document no. 23 (2017)
‘Some Opinions of the Supreme People’s Court on Providing Judicial Safeguards to Improve the Business Environment’
To High People’s Courts in all provinces, autonomous regions, municipalities directly controlled by the central government, the PLA military courts, the Production and Construction Corps Division of the Xinjiang Uygur Autonomous Region High People’s Court: Supreme People’s Court ‘Some Opinions of the Supreme People’s Court on Providing Judicial Safeguards to Improve the Business Environment’ are hereby issued to you, please implement them conscientiously.
7 August 2017
Notice on Further Performing Well the Work of Returning, Checking and Correcting Errors in Information in the Unified Social Credit Number for Legal Persons and Other Organizations
General Office of the National Development and Reform Commission
Document no. 836 .
To all provinces, autonomous regions, municipalities directly under the central government, the development and reform commission of the Xinjiang Production and Construction Corps, offices of the State Commission Office for Public Sector Reform, civil affairs bureaus (offices), departments for industry and commerce, the State Bureau of Quality and Technical Supervision, the Beijing, and the Jiangsu Commission for Economy and Informatization, the Jilin, and the Hainan Financial Office:
In order to carry out the spirit of the State Council Notice Approving and Transmitting the General Plan of the National Development and Reform Commission and Other Agencies on Using the Unified Social Credit Number for Legal Persons and Other Organizations (State Council Document no. 33 ), perform well the work of returning, checking and correcting errors in information in the unified social credit number for legal persons and other organizations, the following relevant matters are hereby notified to you: