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Procedures Of Shanghai Municipality For Administration Of Public Credit Information Collection And Use

Original Language Title: 上海市公共信用信息归集和使用管理办法

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(Please No. 38 of the Order of the People's Government of Shanghai, 30 December 2015)

Chapter I

Article 1 (Up of purpose)

In order to regulate the integration and use of public credit information, to increase the level of social integrity, to create a social integrity environment, and to develop this approach in line with the provisions of the State Department's Social Credit System (2014-2020).

Article 2 (As applicable)

This approach applies to the subset, use and related management activities of public credit information within the city's administration.

This approach refers to data and information on the credit status of natural persons, legal persons and other organizations (hereinafter referred to as information subjects) authorized by executive organs, the judiciary, the legal regulations and the organization with the functions of public affairs, as well as public business units, groups of organizations.

Article 3 (Principles)

The incorporation and use of public credit information should be guided by the principle of “ lawful, safe, timely and accurate” and preserve the legitimate rights and interests of the information subject and refrain from disclosing State secrets and from violating commercial secrets and personal privacy.

Article IV (Management)

The city's economic information sector is the competent authority for the collection and use of public credit information in this city, the organization responsible for this approach, and performs the following duties:

(i) Develop, issue management systems related to the integration and use of public credit information;

(ii) Relevant work on guidance, evaluation and use of public credit information;

(iii) Guidance, supervision of the construction, operation and operation of the Public Credit Information Service platform in Shanghai City (hereinafter referred to as the municipal credit platform) and the operation of the Public Credit Information Service Centre in Shanghai (hereinafter referred to as the city credit centre).

Article 5 (Percentage)

The municipal credit platform is a unified platform for public credit information pooling and searching in the city, with the responsibility of the municipal credit centre to build, operate and maintain.

The pool of public credit information and the use of social credit codes should be synchronized as a mark for the matching of the information subject's credit information. Among these, the harmonized social credit codes of natural persons are identification numbers; the harmonized social credit codes of legal and other organizations are the only institutional codes granted by the registry management.

Article 6 (The functions of the municipal credit centre)

The municipal credit centre performs the following duties:

(i) To pool, collate and maintain public credit information;

(ii) To provide information-gathering services to deal with requests for objections;

(iii) Provision of statistical analysis, monitoring of early warning services for administrative bodies;

(iv) Execution of national and municipal information security-related provisions.

Article 7 (Responsibility of information provision and reference units)

The executive body providing public credit information, the organization mandated by the law and regulations to manage the functions of public affairs and the public business unit, the group organizations (hereinafter referred to as the information provider), should be properly informed by the law of the work of this unit's public credit information records, maintenance, delivery, opposition processing and information security, and the development of relevant management systems.

Public credit information authorities, pool organizations, credit services, etc. (hereinafter referred to as the information checking unit), should conduct public credit information inquiries, applications, maintenance activities, protect information security of the information subject matter and develop relevant management systems in accordance with the law.

Article 8.

Governments of municipalities and districts should incorporate public credit information into and use as part of the review of the relevant departments of the Government and the Government and its heads.

Chapter II

Article 9 (Information source)

Information providers should provide public credit information to the municipal credit platform by:

(i) The information-sharing and application system of municipal legal persons, the urban population information management system, the enterprise credit information system, etc., have been provided by the relevant information systems and the municipal credit platform;

(ii) The failure of the above-mentioned information system to be pooled should be made available on a monthly basis to the municipal credit platform and gradually to provide and update the maintenance of the network in real terms.

The municipal credit centre should establish a public credit information collection mechanism with the judiciary, the Central Command Unit, which is classified as public credit information generated in the relevant areas.

Article 10 (The scope of public credit information)

Public credit information includes basic information, misconceptions and other information for natural persons, legal persons and other organizations who have reached the age of 18 years.

Article 11 (Basic information)

The basic information of legal persons and other organizations includes the following:

(i) Registration information such as name, legal representative or head, harmonization of social credit codes;

(ii) Administrative licence information, such as qualifications and qualifications;

(iii) Accreditation information obtained by products, services and management systems;

(iv) Other information reflecting the basic situation of enterprises.

The basic information of natural persons includes the following:

(i) Names, identification numbers;

(ii) Employment status, education, marital status;

(iii) Administrative licence information, such as qualifications and qualifications.

Article 12 (Advisory information)

The misconceptions of legal persons and other organizations include the following:

(i) Tax, social insurance contributions received;

(ii) Servicing fees for administrative purposes and the Government's contributions;

(iii) Provision of false material, violations of notification of the commitment system;

(iv) The application of information on administrative penalties imposed by general procedures and administrative enforcement information;

(v) The extent to which the regulatory authority is responsible for the removal of illegal buildings, which are not dismantled or later removed, or are being redirected by other orders by the regulatory authorities, but refuse to modify or delay information;

(vi) Information to be addressed by the regulatory authorities in connection with accidents such as product quality, safe production, food security and environmental pollution;

(vii) Information restricted by the regulatory sector;

(viii) Other misconceptions provided by the State and the city.

In addition to the information contained in paragraphs 3, 4, 5 and 7 above, the missing information of natural persons includes the following:

(i) The tax owed information;

(ii) In the course of public transport instruments, information on escape tickets, such as documents of other persons, the use of forged documents, and the use of counterfeited vehicles, does not justify the retention of public transport tools and the impact on their normal moves;

(iii) Information on the treatment of social insurance by fraud, counterfeiting of material or other means, in line with information on the conduct of medical institutions, affecting the normal medical order, whether justified or not by referral criteria;

(iv) Disadvantaged information on the application of the uniform examinations of participating States or organizations of this city;

(v) Other misconceptions provided by the State and the city.

Article 13 (other information)

Other information from natural, legal and other organizations includes the following:

(i) Information such as recognition, incentives granted by all levels of the people's Government and its departments, the organizations of the Group;

(ii) Participation in information such as voluntary services and philanthropic donation activities undertaken by all levels of the people's Government and its departments, the organizations of the Group;

(iii) Criminal judgement information on the entry into force of judgement information on the civil business transaction involved in property disputes and the non-implementation of information on the entry into force of the judgement;

(iv) In arrears in the payment of utilities such as water, electricity, fuel, and information that has not been paid for more than six months after the reminder;

(v) Other information provided by the State and the city.

Article 14.

Freedom of religion or belief, genetics, fingerprints, blood, disease and disease, as well as other natural information prohibited by law and regulations.

Article 15 (Percentage of information)

The city's economic information sector should organize information delivery units to produce and disseminate public credit information on the city on an annual basis in accordance with the information provided under Articles 10 to 13 of this approach. The directory of public credit information includes specific elements of public credit information, the rules of entry, the duration of the search and the public level.

Article 16 (Publicity)

Public credit information is divided into public information and private information.

The following information is public information:

(i) The information delivery unit has been issued by law through Government bulletins, press conferences, the Internet and newspapers, radio, television;

(ii) Other information to be made available on the basis of laws, regulations and regulations.

Information other than the preceding paragraph is confidential. The information subjects themselves or subject to the authorization of the information subject may be consulted.

Article 17

The information delivery unit should classify the performance of the information subject matter's credits reflected in the public credit information provided by the unit. The city's economic information sector should be aggregated to produce a directory for the classification of credit information in the city and to make it available to society.

Chapter III

Article 18 (Government inquiries)

Public credit information should be consulted by the executive branch when performing the following duties under the law:

(i) Regulatory matters in the areas of development reform, food medicine, product quality, environmental protection, safe production, construction, transport, business administration, association management, policing, population management, intellectual property;

(ii) Government procurement, government procurement services, tenders, State land concessions, policy support, scientific research management, etc.;

(iii) Issues such as recruitment, appointment, promotion of office, recognition of incentives;

(iv) Other matters requiring access to public credit information.

The executive branch should determine the scope of credit information linked to administrative matters in this sector, in accordance with reasonable administrative principles. The city's economic information sector should be aggregated to produce a catalogue of credit information applications and to make it public.

Article 19 (Guide of the Government's procedures for inquiries)

The executive branch shall establish the rules of the public credit information system of this unit, establish the competence and procedures of the searcher of the unit and establish a search log, documenting the names, time, content and use of the searcher. The search log should be kept for a long term.

Article 20 (Social inquiries)

The municipal credit centre should develop and publish service regulations that provide easy access services to society, including through service windows, platform websites, mobile terminal applications.

The search for information in private should be provided with an effective identity certificate; the search for private information by others should provide a written authorization for valid identification and information subjects. The search for public information does not require the provision of relevant documentation.

In order to ensure information security, the municipal credit centre could provide the credit service agency with a reference to its operational needs, including through the opening of a terminal.

Chapter IV Information applications

Article 21

The executive organs should establish standards and norms for the application of public credit information, in line with administrative responsibilities, in the context of the management practice in the relevant areas, and be made public to society.

The executive body should take appropriate incentives and disciplinary measures based on the performance of the information subjects, based on the application of standards and norms.

Article 22 (Incentive measures)

With respect to natural, legal and other organizations that have good credit status, the executive organs, under the same conditions, take the following incentives under the law:

(i) To provide simplified procedures, priorities and facilities in the administration and public service;

(ii) Be prioritized in policy enabling activities such as financial funding grants, tax incentives;

(iii) In activities such as government procurement, government procurement services, government investment project solicitation, State land concessions, etc., priority options are given;

(iv) Other measures that may be taken by the State and the city.

Article 23 (Amendment measures)

For natural persons, legal persons and other organizations with poor credit status, the executive branch shall take the following disciplinary measures in accordance with the law:

(i) The focus of the day-to-day regulation, the increased frequency of inspections and the enhancement of on-site verification, etc.;

(ii) In the work of administrative licences, annual tests, etc., priority verification targets;

(iii) Elimination of administrative facilitation measures already enjoyed;

(iv) Constrainting policy support, such as financial funding subsidies, tax incentives;

(v) Restrictions on participation in governmental procurement, government procurement services, solicitation of government investment projects and State land concessions;

(vi) Constraints to the various types of awards organized by Governments;

(vii) Restrictions on the assumption of corporate legal representation, head or senior management;

(viii) Other measures that may be taken by the State and the city.

Article 24 (Number of letters)

The executive branch should establish a directory for natural persons, legal persons and other organizations that are particularly grave in the event of misconceptions, adopt a market ban, such as non-registration, in accordance with the requirements of the performance of its duties, or adopt, in accordance with the law, measures to withdraw from the market, such as the determination of qualifications, the suspension of business licences.

The administrative organs should make the identification criteria that are particularly serious.

Article 25 (Promoting social application)

Natural persons, legal persons and other organizations are encouraged to apply public credit information in activities such as financial activities, market transactions, enterprise governance, industry management, and social public goods, to prevent transaction risks, promote industry self-regulation and promote incentives and binding mechanisms for marketization.

Credit services are encouraged to apply public credit information, develop and innovation credit products and expand the use of credit products. The city has supported the development of credit products by credit services institutions.

Chapter V Protection of rights and interests

Article 26 (Information safety responsibilities at the municipal credit centre)

The municipal credit centre should establish internal guidelines for the security of information, identify job responsibilities, establish staff's reference and searching procedures, establish public credit information pools and checklists and maintain permanently and secure the normal operation and information security of the municipal credit platform.

Article 27 (Delete information)

The duration of the search for misconceptions is five years, calculated from the date of the wrongful act or the event's termination, with the exception provided by the State or the city. During the period of time, the municipal credit centre should delete the information from the searching community.

The information subjects may call upon the municipal credit platform to delete the recognition, voluntary services, philanthropic information. The municipal credit centre shall remove information within two working days of the date of receipt of the notice and inform the information delivery unit.

Article 28 (Objection application)

In the opinion of the information subjects, public credit information documented by the municipal credit platform is available in the form of a written appeal to the municipal credit centre and the related supporting material:

(i) Personal public credit information document errors or omissions;

(ii) Violations of their commercial secrets and personal privacy;

(iii) The failure of information exceeds the time limit for the search.

Article 29 (Discussion)

The municipal credit centre should conduct information compared to two working days from the date of receipt of the appeal. The information documented by the municipal credit platform is inconsistent with the information provided by the information provider, and the municipal credit centre should be corrected and communicated to the information subjects. The information documented by the municipal credit platform is consistent with the information provided by the information provider, and the municipal credit centre should communicate the application to the information provider and inform the information subject.

The information-provided units shall be verified within five working days of the date of receipt of the objection, be established and corrected and inform the municipal credit centre of the results. The municipal credit centre should address and inform the information subjects in a timely manner.

Article 33 (notes of objections)

The application for objections is being processed or the application of the objection has been processed, but the information subjects remain contested, and the municipal credit centre should be given the mark when providing information.

The information-provided units do not verify the objections and communicate the results to the municipal credit centre, and the municipal credit centre should suspend access to the society.

Article 31 (Confidential obligation)

Information providers, information reference units, municipal credit centres and their staff shall not carry out the following acts:

(i) Receive access to public credit information;

(ii) Restructuring, mandating and deleting public credit information;

(iii) Disclosure of public credit information without authorization;

(iv) Disclosure of public credit information concerning State secret, commercial secret and personal privacy;

(v) Other acts prohibited by law, regulations and regulations.

Chapter VI Legal responsibility

Article 32 (Administrative responsibility)

The executive branch and its staff have one of the following acts, resulting in adverse consequences, warning by their units or superior authorities of the competent and other direct responsible personnel directly responsible; and, in serious circumstances, given or severely disposed of:

(i) In violation of article 9, paragraph 1, paragraph 2, of this approach, no public credit information is included in accordance with the provisions;

(ii) In violation of article 18, paragraph 1, of this approach, no reference to public credit information in the relevant activities;

(iii) In violation of article 19 of this approach, no regulation of the public credit information system of this unit has been established or a long-term deposit of the search log.

The executive branch and its staff have one of the following acts, resulting in adverse consequences, warnings, lapses or seizures by their units or superior authorities of the competent and other direct responsible personnel directly responsible; in the light of the gravity of the circumstances, giving downgrading or dismissal; and in the event of severe circumstances, giving rise to dismissal:

(i) In violation of article 29, paragraph 2, of this approach, the application for objections is not dealt with in accordance with the provisions;

(ii) In violation of article 31 of this approach, the obligation to confidentiality is not fulfilled.

Article 33 (Legal responsibility of municipal credit centres)

The municipal credit centre and its staff are one of the following cases, which are being retroactive by the municipal economic informationization sector, warning them; causing losses to the information subjects and assume civil responsibility in accordance with the law; and constitute a crime and hold criminal liability under the law:

(i) In violation of article 14 of this approach, natural information collected as prohibited;

(ii) In violation of article 26 of this approach, no responsibility for information security is performed;

(iii) In violation of article 27, paragraph 1, of the present approach, the failure to delete the information of misconceptions that had been completed at the time of the examination;

(iv) In violation of article 29, paragraph 1, and article 33, of this approach, no application has been dealt with in accordance with the provisions of the objection or has not been noted by the objecting;

(v) In violation of article 31 of this approach, the obligation to confidentiality is not fulfilled.

Article 34 (Legal responsibility of other subjects)

In violation of article 20, paragraph 2, of the present approach, the author of the falsification and Transformation of information has authorized that the acquisition of confidential information by another person is warned by the city's economic informationization sector; civil responsibility under the law for the loss of the information subject matter; and criminal liability by law.

In violation of article 20, paragraph 2, of the scheme, the credit service agencies authorize the falsification, transgender information to prove that access to confidential information is obtained or, in violation of article 31 of this approach, are not carried out by the city's economic information service and inform the Association of the Credit Services industry. Required terms of reference for the municipal credit platform have been opened and the municipal credit centre has been cancelled. Civil responsibility is assumed by law for the loss of the information subject, which constitutes an offence and is criminalized by law.

In violation of article 29, paragraph 2, of this approach, the public service unit does not deal with the application of objections under the provisions of article 31 of this approach, or in violation of article 31 of this approach, shall refrain from fulfilling its confidentiality obligations by, inter alia, taking interviews with the municipal economic informationization sector and warning of the circumstances; civil responsibility under the law for the loss of the information subject matter; and criminal liability.

Chapter VII

Article 35 (Limation of the terms concerned)

This approach refers to companies or utilities that provide water, electricity, fuel, transport and medical services that are relevant to the public interest.

Article XVI (on the basis of application)

The formalization and use of credit information generated or obtained by industry associations in the city's administration and other social organizations are implemented in the light of this approach.

Article 37 (Actual date of application)

This approach was implemented effective 1 March 2016.