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Hangzhou City Public Credit Information Management

Original Language Title: 杭州市公共信用信息管理办法

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Chapter I General

Article 1 provides for the regulation of the pool and application of public credit information, the sharing of public credit information resources, the promotion of social credit systems and the development of this approach in line with the provisions of the relevant laws, regulations and regulations.

Article 2

Article III refers to public credit information referred to in this approach to data and information on the status of credits for natural, legal and other organizations (hereinafter referred to as information subjects) authorized by executive bodies and legal regulations, as well as public business units, group organizations etc. (hereinafter referred to as the subject of information), in the performance of their duties, the delivery of services, or at the disposal of persons, legal persons and other organizations (hereinafter referred to as information subjects).

Article IV. Public credit information pools, applications and related management activities should be guided by legitimate, safe, timely and accurate principles, guaranteeing the legitimate rights and interests of the information subjects, conservative State secrets and protecting commercial secrets and personal privacy.

Article 5 The municipal public credit information platform (hereinafter referred to as the municipal credit platform) is a unified platform for public crediting, publication and searching in this city.

Regions, districts (markets) should build local public credit information platforms or databases and share data with municipal credit platforms.

The construction of the public credit information platform should be integrated into the development planning of the social credit system in the State of Démocratization, and the development of the sensitivities of the State.

Article 6. The municipal development and reform sector is the competent authority for public credit information (hereinafter referred to as the municipal public credit information authority) and is responsible for the organization of this approach.

The National Remuneration Centre (hereinafter referred to as city credit centres) is responsible, under the guidance and supervision of the public credit information authorities in the city, for the collection, collation, issuance of public credit information; for the construction, operation and maintenance of the municipal credit platform, the “Grole of credit” website; and for the provision of credit information services for administrative and social applications.

Public credit information management is based on their respective responsibilities.

Article 7. Governments of municipalities and districts, districts and counties (markets) may place public credit information on the integration and application of public credit information as part of the relevant departments of the current Government and the next-level government appraisal.

Chapter II

The information provided under article 8, paragraph 3, of this approach shall provide public credit information to municipal credit platforms in accordance with the provisions.

Article 9. Public credit information includes basic information, misconceptions and other information from natural persons, legal persons and other organizations who have attained the age of 18 years in this city.

Article 10 Basic information of legal persons and other organizations includes:

(i) Registration information such as name, harmonization of social credit codes, statutory representation or head, shareholders or partner basic conditions;

(ii) Information of directors, heads of delegation, senior management and branches;

(iii) Administrative licence information, such as qualifications, qualifications;

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

(v) Other information reflecting the basic situation of legal persons and other organizations.

The basic information of natural persons includes:

(i) Names, identification numbers;

(ii) Education, employment status and marital status;

(iii) Information such as vocational qualifications, authorization for the operation;

(iv) Other information reflecting the basic situation of natural persons.

Article 11. The misconceptions of legal persons and other organizations include:

(i) Tax, social insurance and unpaid information;

(ii) Spatial charges, public utility fees and government funds for contributions;

(iii) The application of information on administrative penalties for entry into force of the general procedures and administrative enforcement information;

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

(v) The use of patriarchal relations and the provision of false information to deceive information on social insurance treatment;

(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 provinces and municipalities.

In addition to the third, fourth and seven of the above-mentioned paragraphs, the information on the misconceptions of natural persons includes the following information:

(i) Tax, public utility payments;

(ii) The use of social insurance information by fraud, counterfeiting of material or other means;

(iii) In the case of public transport instruments, information on flight tickets such as documents of other persons, the use of forged documents and the use of vehicles;

(iv) Disadvantaged information on the uniform examinations of participating States or local organizations;

(v) Other misconceptions provided by the State and the provinces and municipalities.

Article 12 Other information from natural, legal and other organizations includes:

(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) Other information provided by the State and the provinces and municipalities.

Article 13. Public credit information is governed by a uniform code according to the relevant provisions of the State, with the use of identification numbers by natural persons as their identification codes, and the use of uniform social credit codes by legal persons and other organizations as their identification codes.

Article 14. Public credit information is governed by a directory, which is the subject of public credit information authorities in the city and is produced and published every year. The directory of public credit information includes a pool of content, a form of integration, a cycle of delivery, means of delivery, and an open level.

Article 15. The source of information should provide public credit information in a timely and accurate manner, in accordance with the directory of public credit information and be responsible for the authenticity, legitimacy and limitation of information provided to them.

Article 16 prohibits religious beliefs, genetics, fingerprints, blood, disease and disease historical information and other information prohibited by law.

Information such as income, deposits, price securities, commercial insurance and real estate shall not be collected without the written consent of a natural person.

Application of public credit information

Article 17 Public credit information is applied in accordance with its open level. The level of openness is divided into three categories:

(i) Public information in society refers to information that should be made available in accordance with the provisions of the Public Regulations on Information of the Government of the People's Republic of China; or public information required by the Government in accordance with its administration.

(ii) Authorize access to information and reference to information that may be consulted by the information subject's mandate.

(iii) The use of information within the Government means that organizations that are authorized by administrative organs and legal regulations that are responsible for the management of the functions of public affairs are searched and used in the performance of their duties.

The open level of public credit information is explicitly provided by the municipal public credit information authorities and the subject of the information provided.

Article 18 organizations that are mandated by executive organs and legal regulations with the functions of the administration of public affairs, and when performing the relevant statutory duties, public credit information should be sought, the credit status of the information subject matter and, in accordance with the law, as a necessary condition for the administration or reference basis.

Organizations that are mandated by administrative organs and legal regulations with the functions of the administration of public affairs should identify lists of public credit information applications linked to the functions of this unit. The municipal public credit information authorities should conduct a summary of the list of public credit information applications in all sectors and prepare and publish a directory of government public credit information applications.

Article 19 organizations that have the functions of public affairs management authorized by the executive branch and the laws and regulations shall consult the municipal credit platform by virtue of the authorization of the municipal public credit information authorities.

The municipal credit platform could use the service interface to provide public credit information-sharing services to the internal operating system of the organization with the functions of the management of public affairs, authorized by the executive and legal regulations.

The organization with a public affairs management function authorized by the executive branch and the laws and regulations should establish a public credit information system for the unit and establish the competence and procedures for the searcher of the unit.

Article 20 encourages natural persons, legal persons and other organizations to apply public credit information in activities such as financial activities, market transactions, labour agents and social goods.

Social expropriation agencies and other credit services established by law are encouraged to apply public credit information, develop and develop innovative credit services products and expand the use of credit services products.

Industry associations, chambers of commerce are encouraged to apply public credit information, to improve mechanisms for collecting and sharing information within the industry and to bring serious misconceptions into the credit files of the members.

Article 21 Public information in society can be accessed through the “creditle State” website, the “China Alejand State” Government portal, the Zang River State Service Network portal, the mobile terminal application software, or through specialized service windows.

Authorizes access to information at the specialized service window, the searcher shall provide a written authorization of the subject matter of information and an effective identification of his or her identity;

The provision of search services shall not be charged. Specific queries are developed and published by the municipal public credit information authorities.

Article 22 Social licensor and other credit-service institutions established under the law are in accordance with the following conditions and, with the consent of the municipal fiduciary information authorities, public credit information can be sought in a given manner:

(i) A valid letter of credit or the relevant licence;

(ii) Authorize access to information subjects;

(iii) A confidential agreement;

(iv) Does not affect the security of municipal credit platforms;

(v) The municipal public credit information authorities consider other reasonable conditions to be met.

Article 23 organizations with public affairs management functions authorized by executive organs, legal regulations and regulations, and in the exercise of their statutory responsibilities, natural persons, legal persons and other organizations with good credit status, shall take priority, simplified procedures or priority, and priority measures, including incentives, in accordance with the law;

Specific approaches to credit awards are developed and made public credit information authorities. The departments concerned could jointly develop joint incentives and failures to adhere to disciplinary measures.

Chapter IV Maintenance of public credit information

Article 24 provides for an open and search period of five years from the date of the wrongful act or the event's termination, with the exception provided by the State or the city. The city credit centre should remove the information from both the public and the search side to the archives.

Article 25 The information subjects may call upon the municipal credit centre to delete its recognition, voluntary services, philanthropic information or to change its openness. The municipal credit centre should delete information or change its open level within two working days of the date of receipt of the notice and inform the information providers.

According to the information subject, the information in the municipal credit platform is wrong, missing or inappropriately public, or the failure to communicate information more than open and search deadlines have not been deleted, may apply to the municipal credit centre and provide the relevant evidence.

Article 27 should be verified by the municipal credit centre upon receipt of the objection request; if necessary, the transfer of the objecting application to the source of information should be verified. Upon verification of errors or omissions, the municipal credit centre and the source of information should be amended in a timely manner, and the municipal credit centre informs the subject of the information.

An objection should be processed within 30 days.

During the twenty-eighth objection, the municipal credit centre should make a “objections being processed” note on the subject matter and suspend the use of the information. After the objection was processed, the mark was cancelled.

The information subjects still object to the outcome of the objection, which may apply for the statement of the objection, and the municipal credit centre shall, after the receipt of the objecting note, make a “questor's doubt” note and make reasons for the information available.

During the objections note, the information subject may make a request for the withdrawal of the objection note, and the municipal credit centre shall withdraw the mark after the withdrawal of the application was received.

Article 29 provides for credit rehabilitation to municipal credit centres during their failure to communicate information publicly and to search for effective periods.

In line with the provision of credit rehabilitation, the municipal credit centre should be confirmed in writing and the information after the rehabilitation should be collected in a timely manner and converted to the archives.

Specific provisions for credit rehabilitation are developed and published by the municipal public credit information authorities.

Article 33, natural persons, legal persons and other organizations consider that the relevant information subjects have misconceptions under this approach, which can be reported to the relevant administrative authorities or municipal credit centres. Information subjects should be communicated to the relevant administrative authorities or the municipal credit centre upon receipt of the report. The reported misconceptions are valid and are recorded in the credit records of the information subject. The relevant administrative authorities or municipal credit centres should exercise strict confidentiality of the reportingers' information.

Any unit or individual shall not carry out an act of malicious reporting, and shall be held in accordance with the law and are recorded in its credit records.

Chapter V Security of public credit information

Article 31 of the municipal public credit information authorities, municipal credit centres and information providers should strengthen the confidentiality of public credit information and should not be open and disclosed to any unit or individual in relation to State secrets, commercial secrets, personal privacy and public credit information that is not publicly available under the law.

In accordance with article 32 of this approach, any unit and individual who uses public credit information shall not be authorized to provide the information authorized and information within the Government for use by third parties.

Article 33 Public credit information authorities and municipal credit centres should strengthen the management of public credit information files, remove, modify, search and address information on municipal credit platforms, and ensure that information on the conduct of the act is recorded and kept in the long term.

For authorized access to public credit information, municipal credit centres should be kept in real record and long term.

Article 34 should strictly implement the relevant provisions of the national computer information system security protection, establish a sound information security management system, establish a safety management system, establish and measure performance for the security of information systems and ensure the safe and secure functioning of public credit information platforms.

Chapter VI Legal responsibility

Article 35, natural persons, legal persons and other organizations consider that public credit information is a violation of their legitimate rights and interests by administrative acts in the form of assembly, application and related management activities, may apply to administrative review or administrative proceedings in accordance with the law.

Article 36: Organizations and their staff authorized by the executive organs, legal regulations and regulations that are responsible for the administration of public affairs and their staff are one of the following acts, which are governed by the law by the unit of the institution or by the superior authorities, who are directly responsible, and other direct responsible personnel; civil responsibility for the loss of the information subject is vested in the law; and criminal responsibility is lawfully prosecuted:

(i) Failure to disaggregate public credit information according to the provisions, resulting in adverse consequences;

(ii) Competency in accessing public credit information, resulting in adverse consequences;

(iii) No application for the settlement and rehabilitation of applications, as set out;

(iv) Violations of the provision of public, disclosure or use of public credit information;

(v) Harmonization and misinding of public credit information;

(vi) Other abuses in the management of public credit information, malfunctioning and provocative fraud.

Article 37 consists of one of the following acts by the public credit information authorities; civil responsibility under the law for the loss of the information subject matter; and criminal liability by law:

(i) Authorize the falsification, transgender of information to demonstrate access to information;

(ii) Authorized access to information to third parties without the consent of the information subjects;

(iii) The destruction of the credit platform by means such as deletions, shields and links;

(iv) The illegal acquisition of public credit information by means of reproduction, download, interception;

(v) Illegal sale of public credit information;

(vi) Other offences that endanger the safety of credit platforms and violate the legitimate rights and interests of the information subjects.

Chapter VII

Article 338 of this approach refers to natural persons, including individual businesses.

Article 39 of the Court, the Public Prosecutor's Office's collection and management of misconceptions of information produced and captured in the exercise of its jurisdiction are determined by public credit information authorities and specific consultations of the Court, the Public Prosecutor's Office.

Article 40