Chapter IGeneral Provisions
Article 1In order to regulate social credit administration, to protect the legitimate rights and interests of credit subjects, to promote the establishment of social credit system, build international world-class business environment, and to accelerate high-quality development of the economy and society, these Regulations are formulated in line with the basic principles of relevant laws and administrative regulations and in light of the realities of Shenzhen Special Economic Zone.
Article 2The meanings of the following terms in these Regulations:
(1) Social credit refers to the status of such credit subjects as natural persons with full civil capacity, legal entities and unincorporated organizations complying with legally prescribed obligations or performing contractual obligations in their social and economic activities.
(2) Credit information refers to information that may be used to identify, analyze and determine the social credit status of credit subjects, including public credit information and other credit information.
(3) Public credit information refers to credit information generated, obtained and processed by agencies of public administration and service in the process of administrating public affairs or providing public services in accordance with the law.
(4) Agencies of public administration and service refer to the municipal state agencies, public institutions and other organizations administrating public affairs in accordance with the law, as well as organizations that provide education, health, social welfare, water supply, electricity supply, gas supply, environmental protection, public transportation and other public services.
(5) Credit service institutions refer to the professional service institutions which is lawfully established to engage in the credit industry such as credit information solicitation, credit investigation and assessment, credit rating, credit consultation, credit training, etc.
Article 3The establishment of social credit system shall uphold the principles of government promotion, social construction, compliance with laws and regulations, protection of rights and interests, and application strengthening.
Article 4The Municipal People’s Government shall incorporate the establishment of social credit system into the national economic and social development plan, build and reinforce the coordination mechanism for the establishment of social credit system, coordinate and promote the establishment of the social credit system of Shenzhen.
The District People’s Governments are responsible for organizing the implementation of social credit system establishment work within their administrative region.
The Municipal and District People’s Governments shall provide the necessary guarantee for the social credit system establishment work such as establishment of credit information infrastructure, training of credit specialists, education and publicity of honesty and integrity, development of the credit service industry.
Article 5The institution dedicated to the deliberation and coordination of social credit system establishment shall comprise of relevant departments of the Municipal People’s Government, judicial organs, and organizations that are fit to administrate public affairs upon authorization of laws and regulations. The institution shall be responsible for planning and coordinating the establishment work of the municipal social credit system, as well as decision-making on important matters during the establishment of social credit system.
An office shall be established under the municipal institution dedicated to the deliberation and coordination of social credit system establishment, whose routine issues shall be undertaken by the Municipal Market Regulation Department.
Article 6The Municipal Market Regulation Department is the department dedicated to the establishment work of the social credit system of Shenzhen, and shall be responsible for the organizing implementation, guidance, coordination, supervision and administration of the social credit system establishment work.
The Municipal Departments of Development and Reform, Local Financial Management, Government Services and Data Management shall perform the functions on establishing social credit system within their respective areas of responsibility in accordance with relevant laws and regulations.
The municipal industrial departments shall be responsible for the coordination, guidance and supervision of the social credit system establishment work in each industry.
Article 7The municipal public credit institution shall be responsible for the administration work of the public credit information of Shenzhen, including centralized checking, sharing, publicity, etc. The institution shall also be responsible for the administration work of the municipal public credit information administration system.
The municipal public credit information administration system is the centralized administration platform of the public credit information of Shenzhen, which shall be built, operated and maintained by the municipal public credit institution based on the urban big data center.
Article 8Sectors of society are encouraged to participate in the establishment of social society system jointly, to enhance awareness of compliance with law and performance of agreements, to advance and to practice honesty and integrity, to actively participate in activities of education and publicity of honesty and integrity, supervision of credit, and to jointly improve the level of credit all over the society.
Chapter IIEstablishment of Credit System
Article 9Shenzhen shall establish and reinforce the social credit system, coordinate and promote the establishment of honesty and integrity in key areas including government service, business, social and judicial credibility.
Article 10The Municipal and District People’ Governments and their relevant departments shall follow the principles of the rule of law and trustworthy administration, and play an exemplary role in the establishment of social credit system.
The Municipal and District People’s Governments and their relevant departments shall strictly comply with the promises legally made to society and the contracts legally concluded with market entities during performing their functions legally and other economic and social activities.
The Municipal and District People’s Governments shall establish the monitoring and governance system of government service credibility, and implement the system of prevention and control of risks and accountability of dishonesty. They shall report to the Standing Committees of the People’s Congresses at their level on the work of establishing government service credibility, which shall be publicly disclosed.
Article 11Shenzhen shall reinforce the establishment of judicial credibility, promote strict and impartial judiciary, uphold the authority of judiciary, improve the credibility of judiciary, and safeguard fairness and justice of society.
Article 12Shenzhen shall reinforce the establishment of business credibility, uphold good business relations, decrease costs of business operations, and improve business environment.
Article 13Shenzhen shall fully promote the establishment of social credibility, encourage the members of society to treat each other with sincerity, uphold the principle of honesty and promise keeping, promote the social civilizing progress, harmony and stability.
Article 14The Municipal and District People’s Governments and their relevant departments shall reinforce the establishment of a culture of honesty and integrity, vigorously implement core socialist values, and foster the sound manners of advocating and practicing honesty and integrity.
The Municipal Education Department shall involve honesty education in the well-rounded education to students, and build the system of honesty education involving various stages and categories of schools. The municipal industrial departments shall implement the honesty education activities in their industries and areas on the basis of assignment of responsibilities.
The press, radio, television, Internet and other news media shall carry out public welfare publicity of integrity.
The Municipal and District People’s Governments and their relevant departments shall regard the candidates’ credit status as the important content of evaluation in the activities of raising the public cultural-ethical standards, appraising excellence, advancement and role models, and promoting integrity in various industries, so as to establishrole models of integrity.
Article 15Shenzhen shall strengthen building academic subjects and majors relevant to establishing social credit system, support colleges and universities to set up majors or courses relevant to credit and conduct relevant researches.
Credit service institutions are encouraged to train credit-related specialists with colleges, universities and scientific research institutions.
The Municipal People’s Government shall strengthen the training and introducing of credit-related professional talents, establish vocational training and professional evaluation system for credit administration, strengthen the construction and education of professional talent team, and promote the exchange and training of credit-related practitioners.
Article 16Natural persons, legal entities and unincorporated organizations shall be encouraged to use credit products and services including credit reports and credit evaluation in such activities as finance, marketing and social welfare.
Market entities shall be encouraged to establish and improve internal credit management systems, make credit commitments to society actively, and progress market activities on the basis of credit status of other credit subjects.
Financial institutions shall be supported to provide concessions or conveniences in financing credit, interest rates and repayment methods for the entities with good credit status, while providing such services as loan and insurance for the entities with poor credit status with caution, or give differentiated consideration in the pricing of interest rates and property insurance rates.
Article 17The Municipal and District People’s Governments and their relevant departments shall incorporate the credit service industry into the development plan of service industries, and strengthen developing, introducing and support of credit service institutions.
Credit service institutions shall be encouraged to participate in formulating credit industry related standards, build a credit evaluation indicator system, innovate credit products and services, and expand the application field of credit products and services.
Article 18Industrial associations shall be encouraged to build and improve credit commitment systems in the industries, and organize the members to make commitment to business integrity.
Industrial associations shall be encouraged to adopt such incentives as making recommendations and upgrading the membership status for the members with good credit status, and impose such constraints on the members with poor credit status as a warning within the industry, circulation of a notice of criticism, degradation of membership status, and cancellation of membership, so as to strengthen industry self-discipline.
Article 19The relevant municipal industrial departments shall strengthen the establishment of credit system in such key areas as work safety, environmental protection, engineering construction, product quality, e-commerce, circulation services and social intermediaries, perfect industry credit records and credit files of practitioners, and advance the credit constraint system of practitioners in key areas.
Article 20Organizations-including agencies of public administration and service, the municipal public credit institution and credit service institutions-shall perform data security protection obligations in accordance with the law, build and improve security administration system, strengthen credit information security protection and administration, and safeguard security of credit information.
Article 21Shenzhen shall advance sharing public credit information with relevant national and provincial agencies, keep perfecting methods of sharing, and gradually construct a foundational public credit information database including all the credit subjects and all categories of public credit information.
Organizations including credit information service institution, financial institution and industrial association shall be encouraged to carry out credit information cooperation with agencies of public administration and service and the municipal public credit institution. Integrated application of credit information in business, finance and wellbeing shall be promoted.
Article 22The Municipal People’s Government shall reinforce district credit communication and cooperation in the Guangdong-Hong Kong-Macao Greater Bay Area, promote mutual construction of systems including cross-border circulation, mutual recognition and sharing of credit information, and advance the formation of unified credit service market of Guangdong-Hong Kong-Macao Greater Bay Area.
Agencies of public administration and service and credit service institutions participating in cross-border credit communication and cooperation shall build risk prevention and control systems, and adopt relevant risk prevention and control measures.
Chapter IIICredit Information Administration
Section 1General Rules
Article 23 Processing of credit information shall comply with the principles of legitimacy, caution and necessity, and shall not endanger national security, public security or public interests, or divulge state secrets, commercial secrets or personal privacy, so as to ensure credit information security.
When the processing of credit information involves credit information solicitation affairs, such processing shall comply with laws and regulations on credit information solicitation administration.
Article 24 Credit information shall be administered on the basis of unified code.
Natural person shall take his or her citizen identification number as identification associated to his or her credit information, while natural person without citizen identification number shall take other valid ID card number as the identification. Legal entity or unincorporated organization shall take unified social credit code as the unique identification associated to its credit information.
Article 25Processing of natural person’s credit information shall comply with laws and regulations on personal information protection.
When the processing of a natural person’s credit information involves his or her sensitive personal information, such processing shall strictly comply with laws and regulations on sensitive personal information protection.
Article 26The processing of credit information of legal entity or unincorporated organization shall obtain its consent, unless the information shall be disclosed lawfully. Where laws and regulations provide otherwise, such provisions shall prevail.
The processing of credit information of legal entity or unincorporated organization shall comply with laws and regulations on business secret protection.
Article 27Market entities shall be encouraged to lawfully record the credit information generated in the process of their producing, operating or providing services.
Article 28On the basis of the charters, industrial associations may build credit information management system in the industries by themselves or by entrusting credit service institutions, regulate recording of members’ credit information, formulate members’ credit files and industry credit information database, and share industry credit information.
Article 29Credit evaluation of credit subjects shall be based on clear standards and rules, while factors unrelated to such subjects’ credit shall not be involved in the standards.
Credit service institutions shall perform necessary internal testing and procedure of assessment and verification when providing credit evaluation products and services, so that the rules of evaluation may be explicated and the sources of information may be traced.
Article 30Credit subjects shall be encouraged to provide credit information of themselves to others in such forms as declaration, voluntary report, and credit commitment, and to take responsibility for such credit information’s lawfulness, authenticity and completeness.
Section 2Public Credit Information Administration
Article 31A public credit information catalogue administration system shall be implemented. The Public Credit Information Catalogue shall include the National Basic Public Credit Information Catalogue, the Guangdong Supplementary Public Credit Information Catalogue and the Shenzhen Supplementary Public Credit Information Catalogue.
Article 32The Shenzhen Supplementary Public Credit Information Catalogue shall be compiled and updated by the Municipal Market Regulation Department jointly with the Municipal Government Services and Data Management Department and other relevant departments, and shall be unveiled and effective after being approved by the Municipal People’s Government. The compiling and updating of the Catalogue shall be based on laws, regulations or relevant national provisions, as well as opinions extensively solicited from relevant government departments, market entities, industrial associations, specialists, scholars and the public.
Article 33Information included in the Shenzhen Supplementary Public Credit Information Catalogue shall be based on the local regulations of Shenzhen.
Information that has been included in the National Basic Public Credit Information Catalogue or Guangdong Supplementary Public Credit Information Catalogue shall not be included in the Shenzhen Supplementary Public Credit Information Catalogue.
Article 34Information included in the Shenzhen Supplementary Public Credit Information Catalogue shall clarify contents including its corresponding specific behaviors, sources and channels of collection, openness, scopes of sharing, storage periods, frequencies of updating, etc.
Article 35The credit information generated, obtained and processed by agencies of public administration and service in the process of administrating public affairs or providing public services may be regarded as public credit information only if it is in the scope listed by the Public Credit Information Catalogues.
Agencies of public administration and service shall record and store the credit information generated, obtained and processed by them in a prompt, accurate and comprehensive manner.
Article 36The Municipal Government Services and Data Management Department, jointly with the Municipal Market Regulation Department, shall guide and coordinate agencies of public administration and service to share public credit information with the municipal public credit institution according to the Public Credit Information Catalogues.
Article 37 Public credit information shall be shared according to the agencies of public administration and service’s needs of administrating public affairs or providing public services and within the scope of sharing ascertained by the Public Credit Information Catalogues.
When the agency of public administration and service or the municipal public credit institution updates or labels the public credit information that has been shared beforehand, it shall share such information promptly after updating or labeling.
The agencies of public administration and service shall not disclose public credit information without authorization, nor shall they process the public credit information obtained by sharing out of the scope of administrating public affairs or providing public services.
Article 38 The agencies of public administration and service shall lawfully disclose the public credit information they generate, obtain and process, and the municipal public credit institution shall lawfully disclose public credit information through the municipal public credit information administration system.
When the public credit information disclosed lawfully involves personal information, such information shall be de-identified, and necessary security measures shall be taken, unless laws and regulations provide otherwise.
ChapterIVProtection of the Rights and Interests of Credit Subjects
Section 1 General Rules
Article 39Credit subjects have the right to the knowledge of their own credit information, credit evaluation and the corresponding standards and rules.
Where the credit subjects propose not to record their information of awards, voluntary services, charitable donations or doing boldly what is righteous in the credit records, organizations including agencies of public administration and service, the municipal public credit institution and credit service institutions shall not record such information.
Where organizations including agencies of public administration and service, the municipal public credit institution and credit service institutions make poor credit evaluation of a credit subject, they shall inform such subject ahead, unless laws and regulations provide otherwise.
Article 40 Credit subjects may check or authorize others to check their credit information and credit evaluation lawfully.
Article 41 Credit subjects have the right to raise objections to the authenticity, accuracy, completeness and lawfulness of their own credit information.
Article 42 Organizations including agencies of public administration and service, the municipal public credit institution and credit service institutions shall build systems of checking credit information and objections to credit information, and provide necessary convenience for credit subjects when checking or authorizing others to check their credit status or raise objections to credit information. Where credit evaluation is to be carried out, the system of credit evaluation shall be built.
Article 43Where a credit subject believes that the processing of credit information infringes upon legitimate rights and interests, the credit subject may file a lawsuit with the people’s court in accordance with the law.
Where a credit subject believes that such an administrative act as processing of public credit information and credit regulation infringes upon legitimate rights and interests, the credit subject may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
During the procedures of applying for administrative reconsideration or filing an administrative lawsuit, organizations including agencies of public administration and service, the municipal public credit institution and credit service institution shall label the relevant credit information, unless laws and regulations provide otherwise.
Section 2Inquiry of Credit Information
Article 44Anyone inquiring own credit status shall provide valid certificate of identification, while inquiring credit status of others shall obtain authorization from the credit subject and provide valid certificate of identification and authorization. Where laws and regulations provide otherwise, such provisions shall prevail.
Article 45Public credit information may be inquired free of charge through the units providing such information or the municipal public credit information administration system.
The public credit information providing unit and the municipal public credit institution shall record the status of inquiring public credit information, and keep such records of inquiring for no less than five years. Such records shall include the time of inquiring, the information of entities inquiring, the information of entities authorizing inquiry, and the certificate of authorization.
Article 46Inquiry of other credit information shall be processed according to the agreement between the credit service institution and the credit subject. Where laws and regulations provide otherwise, such provisions shall prevail.
Article 47Organizations including public credit information providing unit, the municipal public credit institution and credit service institution shall formulate and disclose the rules of inquiring credit information and the format of credit report.
Section3Credit Information Objection Procedure
Article 48If the public credit information falls under any of the following circumstances, natural person, legal entity or unincorporated organization may submit an application of objection to the public credit information providing unit or through the municipal public credit information administration system, while providing relevant materials proving such objection:
(1) There are errors or omissions in such information.
(2) Such information is disclosed when the period of disclosure has ended.
(3) Such natural person, legal entity or unincorporated organization who does not meet the conditions of being included in the list of the subjects committing serious dishonest acts has been included in or has not been removed from the list.
(4) Other circumstances in violation of laws and regulations.
Article 49Public credit information providing unit or the municipal public credit institution shall carry out formal examination into the objection application of public credit information, and shall accept the application meeting the conditions.
Article 50After accepting the objection application of public credit information, organizations including agencies of public administration and service, the municipal public credit institution and credit service institution shall immediately label the information, and update the label based on the results of dealing with the objection.
Article 51Where the objection application of the public credit information is accepted, the municipal public credit institution shall review within one working day from the date of accepting the application, and notify the applicant of the results.
After review, the institution shall immediately make a correction when such information is inconsistent with the information that the public credit information providing unit provides, and shall immediately transfer the application to the public credit information providing unit when such information is consistent with the information the unit provided.
The public credit information providing unit shall process the objection application within two working days from the date of accepting the application or receiving the transferred application, and notify the applicant of the results. Where there are special circumstances so that the period above needs to be extended, an extension of three working days is permitted if the principal head of the unit approves.
Where the application shall be supported, the public credit information providing unit shall process it under the following provisions:
(1) Where there are errors, the unit shall make corrections.
(2) Where there are omissions, the unit shall make supplements.
(3) Where the information is disclosed when the period of disclosure has ended, the unit shall stop disclosing.
(4) Where a subject who does not meet the conditions of being included in the list of subjects who commit serious dishonest acts has been included in or has not been removed from the list, the unit shall remove the subject from the list.
(5) Other ways of processing stipulated by laws and regulations.
Article 52Application, acceptance and processing of objections to other credit information or credit evaluations shall be carried out with reference to the provisions on the public credit information objection in this chapter.
ChapterV Credit Regulation
Section 1 General Rules
Article 53The Municipal and District People’s Governments and the relevant departments may build and improve the social credit regulation mechanism based on credit, and implement systems of credit commitments, credit evaluations, regulations with grading and categorization, incentives of integrity reward and punishment for dishonesty.
Article 54State departments and organizations authorized by laws or regulations to administrate public affairs (hereinafter as “public administration agencies”) may purchase such credit products and services as credit consultation and credit evaluation from credit service institutions in the administration work of administrative license, administrative penalty, administrative inspection, qualification certificate, government procurement, bid invitation and submission, appraising excellence and advancement, public resource trading, assignment of the rights to use state-owned land, approval of financing projects, arrangement of government funds and investment attraction.
Article 55The municipal public credit institution may conduct public credit comprehensive evaluation of a credit subject’s credit status, and an agency of public administration and service may conduct public credit specific evaluation of a credit subject in its industry and its field.
Article 56Where it has fully obtained the credit information and comprehensively analyzed the credit status, a public administration agency may grade and categorize the objects of regulation on the basis of results of public credit comprehensive and specific evaluation, and take differentiated regulation measures including increasing or decreasing the proportion and frequency of random inspections according to the objects’ credit grades.
Section 2Credit Commitment
Article 57Credit commitment system of government service matter shall be implemented. Where an individual subjected to an administrative act has made writing commitment meeting relevant requirements and promised to burden the legal liabilities of untruthful commitment or disobeying commitment, the agency of public administration and service may postpone or cancel obtaining relevant material, and process the government service matter according to the writing commitment.
The term government service mattersas referred to in the preceding paragraph includes administrative license, administrative benefit, administrative affirmation, administrative award and administrative adjudication. The term also includes administrative power matter providing the individual in the preceding paragraph convenience when the individual complies with the legal obligation, as well as public service matter closely related to production and life which are provided by using public resource, such as education, health care, social security, labor and employment, housing, culture and sports, assistance, legal service and entrepreneurship.
Article 58When implementing credit commitment system, the agency of public administration and service shall prioritize government service matter according to the principle of prioritizing welfare and risk control, and give preference to the matter which is closely related to the production and life of the individual subjected to administrative act, processed frequently in practice or hard to obtain relevant materials.
Article 59Where processing of government service matter falls under any of the following circumstances, credit commitment system shall not be implemented:
(1) Directly relevant to national security, state secret, public security, prudential regulation of financial industry and protection of ecological environment.
(2) Directly relevant to health and security of life and property.
(3) Where implementing credit commitment system may cause high risk, high cost of error correction or damage difficult to be remedied.
(4) The individual subjected to administrative act has seriously poor credit record, has made untruthful commitment or disobeyed commitment, and has not restored their credit.
(5) Other circumstances stipulated by laws and regulations where credit commitment system is not fit to be applied.
Article 60Government service matter implementing credit commitment system shall be administered in list, including evidentiary matter, enterprise-related license matter and credit restoration.
The agency of public administration and service shall formulate and disclose the following components of the government service matter implementing the credit commitment system: catalogue, working procedure, processing guidance and formatted text body of the letter of commitment.
Article 61When processing government service matter implementing credit commitment system, the agency of public administration and service shall notify the individual subjected to administrative act of necessary items including the name, content and condition of processing of the commitment matter, as well as the agency of public administration and service’s power of inquiry, the legal liability and consequence of untruthful commitment or disobeying commitment.
Article 62When processing government service matter implementing credit commitment system, the individual subjected to administrative act may choose whether to adopt credit commitment method, and when such individual is not willing to or not able to make such commitment, the matter shall be processed according to the general procedure.
The individual subjected to administrative act may withdraw the commitment with solid reason until the government service matter is concluded. The matter shall be processed according to the general procedure after the withdrawal.
Article 63The agency of public administration and service shall strengthen post-processing reviewing of the individual subjected to administrative act, categorize and ascertain the measure of reviewing according to the characteristics of the government service matter and the credit status of the individual, and clarify the term, standard and method of reviewing, and whether the reviewing may be exempted.
Public administration agency shall impose routine regulation on the individual subjected to administrative act who has been exempted from reviewing by the mean of comprehensive methods including smart regulation. Discriminatory regulation measure shall not be imposed on the individual processing government service matter by making credit commitment.
Article 64Where individual subjected to administrative act makes credit commitment when processing government service matters, the agency of public administration and service shall involve the commitment and the status of being performed in the individual’s credit record, and take the commitment and the status of being performed as important basis of processing and post-processing regulation.
Where the agency of public administration and service discovers that the individual subjected to administrative act has made untruthful commitments or disobeyed commitments during reviewing or routine regulations, the agency shall order the individual to make corrections within a prescribed time limit, and suspend processing the relevant government service matter. Where the individual refuses to make corrections, the agency shall terminate processing the matter, and revoke the relevant administrative decision. Where the circumstances are serious, administrative penalty and punishment for dishonesty in accordance with the law shall be imposed.
Section 3 Punishment for Dishonesty
Article 65Public administration agency shall impose punishment measures for dishonesty only on the credit subjects who commit any of the following dishonest acts:
(1) Failing to comply with effective judicial or arbitral legal documents according to relevant regulations.
(2) Failing to comply with effective administrative decision documents including administrative penalty, administration adjudication and so on according to relevant regulations.
(3) Failing to comply with obligations ascertained in other documents stipulated by laws, regulations or relevant national provisions.
Article 66Public administration agency shall impose punishment measures for dishonesty on credit subjects under the following principles:
(1) There shall be basis of laws, regulations or relevant national provisions.
(2) The punishment measures shall be relevant to the dishonest acts of credit subjects.
(3) The punishment measures shall be in line with the nature and circumstances of the dishonest acts, and the extent of their social harm.
Article 67Where credit subject has promptly corrected the dishonest acts, which were slight and have not caused harm, punishment measures for dishonesty shall not be imposed. Where credit subject has promptly corrected the dishonest acts, which were performed for the first time and have caused slight harm, such punishment measures may be exempted.
Article 68Where punishment measures for dishonesty are to be imposed on legal entity or unincorporated organization, punishment measures on the main person in charge and other directly responsible persons shall be imposed according to relevant provisions of laws and regulations.
Article 69Where punishment measures for dishonesty are to be imposed on a credit subject, public administration agency shall notify of the basis, reasons and ways to receive relief.
Article 70Punishment measures for dishonesty shall be administered in lists. The Lists of Punishment Measures for Dishonesty include National Basic List of Punishment Measures for Dishonesty, Guangdong Supplementary List of Punishment Measures for Dishonesty and Shenzhen Supplementary List of Punishment Measures for Dishonesty.
Article 71The Shenzhen Supplementary List of Punishment Measures for Dishonesty shall be compiled and updated by the Municipal Market Regulation Department jointly with relevant departments, and shall be unveiled and effective after being approved by the Municipal People’s Government. The compiling and updating of the List shall be based on laws, regulations or relevant national provisions, as well as opinions extensively solicited from relevant government departments, market entities, industrial associations, specialists, scholars and the public.
The Municipal People’s Government shall separately formulate detailed regulations on the compiling and updating of Shenzhen Supplementary List of Punishment Measures for Dishonesty with reference to the procedures of compiling and updating National Basic List of Punishment Measures for Dishonesty.
Article 72Punishment measures for dishonesty included in the Shenzhen Supplementary List of Punishment Measures for Dishonesty shall be based on the local regulations of Shenzhen.
Punishment measures for dishonesty that has been included in the National Basic List of Punishment Measures for Dishonesty or Guangdong Supplementary List of Punishment Measures for Dishonesty shall not be included in the Shenzhen Supplementary List of Punishment Measures for Dishonesty.
Article 73The Shenzhen Supplementary List of Punishment Measures for Dishonesty shall include targets, measures and basis of punishment, as well as the units implementing punishment measures.
Article 74The system of lists of subjects committing serious dishonest acts shall be implemented. Where credit subject commits serious dishonest acts, public administration agency may include the subject in the lists of subjects committing serious dishonest acts in accordance with the law, and impose punishment measures for dishonesty according to provisions of the system of lists of subjects committing serious dishonest acts.
Article 75The lists of subjects committing serious dishonest acts implemented in Shenzhen include the list of subjects committing serious dishonest acts implemented in the whole nation, the list of subjects committing serious dishonest acts implemented within the region of Guangdong, and the list of subjects committing serious dishonest acts implemented only within the region of Shenzhen (hereinafter “Shenzhen list of subjects committing serious dishonest acts”).
Article 76The Shenzhen list of subjects committing serious dishonest acts shall be built only if any of the following acts is committed:
(1) Acts of seriously endangering a natural person’s physical health and life.
(2) Acts of seriously disrupting the fair market competition order and normal social order.
(3) Acts of refusing to perform legal obligations, which seriously impact the credibility of judicial and administrative organs.
(4) Acts of refusing to perform national defense duties.
(5) Other circumstances stipulated by laws and regulations.
Article 77Public administration agency shall build Shenzhen list of subjects committing serious dishonest acts based on the local regulations of Shenzhen. The standards for determining subjects committing serious dishonest acts, including the conditions and procedures for such subjects’ names to enter or be removed from the lists, the punishment measures for dishonesty may be imposed, and ways for the subjects to receive relief, shall be stipulated by the local regulations of Shenzhen.
Article78Where a public administration agency is to include a credit subject in Shenzhen list of subjects committing serious dishonest acts, it shall notify such subject of the basis and reasons of including the subject in the lists, warning of punishment measures for dishonesty, the conditions and procedures for removing the subject from the lists, and the subject’s legal rights including ways to receive relief.
Section4Credit Restoration
Article 79When the shortest period of disclosing public credit information related to the dishonest acts has expired, the credit subject may file an application for restoring the public credit to public credit information providing units or through the public credit information administration system, unless there are circumstances stipulated by laws, regulations or relevant national provisions that the credit status shall not be restored.
Article 80The credit subject shall actively take restoration measures within the stipulated period, correct dishonest acts, and eliminate the adverse impact while applying for public credit restoration. The restoration measures include:
(1) Making credit commitments.
(2) Finishing correction of credit.
(3) Passing reviewing of credit.
(4) Attending training of special subject.
(5) Filing credit reports.
(6) Other restoration measures stipulated by laws and regulations.
Where a legal entity or an unincorporated organization meets the conditions of public credit restoration, the main person in charge and other directly responsible persons may apply for credit restoration independently.
Article 81The public credit information providing unit or the municipal public credit institution shall carry out formal examination into application of public credit restoration, and shall accept the application equipped with complete materials and meeting the conditions. Where the materials of the application are incomplete, the public credit information providing unit or the municipal public credit institution shall notify the applicant of all materials to be supplemented or revised in an one-off manner, and shall accept the application meeting the conditions after supplementing or revising.
After accepting the application for public credit restoration, the municipal public credit institution shall immediately transfer the application to the public credit information providing unit, and promptly notify the applicant of the status of transferring.
Where a public credit information providing unit or the municipal public credit institution accepts the application for public credit restoration, it shall not levy any charges.
Article 82The public credit information providing unit shall process the application of objection within three working days from the date of accepting the application or receiving the transferred application, and notify the applicant of the results. Where there are special circumstances so that the period above needs to be extended, an extension of three working days is permitted if the principal head of the unit approves.
Where the application meets the conditions of public credit restoration, the public credit information providing units shall make following decisions on approving of restoration as the case may be:
(1) Stop disclosing or sharing credit information related to the restored dishonest acts.
(2) Label, block or delete credit information related to the restored dishonest acts.
(3) Remove the credit subject from the corresponding lists of the subjects committing serious dishonest acts.
(4) Stop imposing the corresponding punishment measures for dishonesty.
Article 83Where a credit subject seriously hinders the bankruptcy proceeding and is punished by the people’s court or imposed on revoking exemption because of such acts as applying for bankruptcy for improper purposes, transferring property, fabricating debts and refusing to cooperate with the proceedings, the corresponding credit information may only be restored after three years.
Article 84Where reorganization plan of a credit subject has been approved by the people’s court or is completed, the organizations including agencies of public administration and service, the municipal public credit institution and credit service institutions shall add corresponding information to the credit subject’s credit records according to the ruling made by the people’s court, so as to promptly reflect the status of the credit subject’s reorganization.
The organizations including agencies of public administration and service, the municipal public credit institution and credit service institutions shall impose credit administration on the reorganized credit subject with reference to credit administration imposed on normal credit subject.
Article 85Detailed regulations on credit restoration shall be formulated separately by the Municipal People’s Government.
Chapter VILegal Liabilities
Article 86Those who processes natural person’s credit information in violation of the provisions of these Regulations shall be punished in accordance with the provisions of relevant laws and regulations on personal information protection.
Article 87If any agency of public administration and service, the municipal public credit institution or its working staff commit any of the following acts in violation of the provisions of these Regulations, the relevant organs shall order to make corrections, and impose punishment on the persons in charge that is directly responsible for the violation and other directly responsible persons in accordance with the law:
(1) Failing to perform the credit information security obligations according to relevant regulations.
(2) Failing to delete or change credit information according to relevant regulations.
(3) Failing to process checking of public credit information, objections to public credit information, and credit restoration according to relevant regulations.
(4) Other circumstances of failures to perform public credit information management obligations according to relevant regulation,which constitute infringement of rights and interests of credit subjects.
Article 88 Where credit service institution violates the regulations on credit information solicitation and credit rating industry, such circumstances shall be dealt with by the State Council’s credit solicitation administration department or organs it dispatches in accordance with the law.
Where credit service institution other than the institution in credit solicitation industry violates the provisions of these Regulations and fail to establish system of checking of credit information, objections to credit information or credit assessment, or fail to perform the system above after establishment, the Municipal Market Regulation Department shall order such institution to make corrections within a prescribed time limit. Where the corrections has not been made in the time limit, such institution shall be fined no less than CNY50,000 but no more than CNY100,000, if the circumstances are serious, they shall be fined no less than CNY100,000 but no more than CNY500,000.
Article 89Those who process credit information damaging legal rights and interests of credit subject shall bear civil liability in accordance with the law.
Where processing credit information in violation of laws and regulations constitutes a violation of public security administration, the violator shall be subject to public security administration penalties in accordance with the law. If the violation constitutes a crime, the violator shall be held criminally liable in accordance with the law.
Chapter VIISupplementary Provisions
Article 90 These Regulations shall come into force on March 1st, 2023.
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