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Rules of Guangzhou Municipality on the Management of Public Credit Information

2024-04-08 16:11
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  (Issued in accordance with Decree No. 166 of the People’s Government of Guangzhou Municipality on May 23, 2019 and amended in accordance with Decree No. 204 of the People’s Government of Guangzhou Municipality on January 30, 2024)

  Article 1     These Rules are formulated in accordance with Regulations of Guangdong Province on Social Credit and other relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to standardizing the management of public credit information, protecting the security of public credit information, safeguarding the legal rights and interests of such credit entities as natural persons, legal persons and unincorporated organizations, optimizing the business environment and creatinga creditable and trustworthy social environment.

  Article 2     These Rules shall apply to the collection, disclosure, sharing, inquiry and application of public credit information within the administrative area of this Municipality.

  For the credit information collected by the municipal development and reform authority from such state organs as people’s courts, customs offices and public utilities institutions as well as that shared by the above­mentioned authorities in accordance with relevant regulations, these Rules shall be applied as a reference.

  Article 3     Such activities as the collection, disclosure, sharing, inquiry and application of public credit information shall follow the principles of legality, legitimacy, necessity and prudence, shall not endanger national sovereignty, security and development interests or infringe upon public safety and interests, and shall not disclose state secrets, trade secrets and personal privacy.

  Article 4     The municipal and district people’s governments shall strengthen the organization and leadership over the work in relation to public credit information within their respective administrative areas, coordinate and solve major problems encountered during the public credit information related work, incorporate public credit information related work into the construction of digital governments and social credit systems, and bring the required funds into their respective fiscal budgets.

  Article 5     The municipal development and reform authority shall be in charge of the work in relation to public credit information of this Municipality and be responsible for the overall planning, comprehensive coordination, guidance and supervision of the collection, disclosure, sharing, inquiry and application of public credit information in this Municipality, formulating specifications and policy measures for the management of public credit information, providing business guidance to institutions responsible for providing public credit services in this Municipality and organizing the implementation of these Rules.

  The municipal government service data management authority shall organize the collection of public credit information in accordance with the public credit information catalogue, and provide data support for the public credit information platforms.

  Relevant administrative authorities shall fulfill their respective tasks on the management of public credit information in their respective industries and fields.

  Article 6     The municipal public credit information platform, composed of the municipal public credit information management system, the CREDIT.GZ.GOV.CN website and other supporting systems, shall be applied to collect public credit information on credit entities throughout this Municipality according to such unified technical standards as unified public credit information data format and data interface, implement unified management of publication policies and public information, provide public credit services and support the application of public credit information.

  The municipal public credit information platform shall be operated and maintained by the institutions responsible for providing public credit services in this Municipality, and shall be used to provide such services as public credit information disclosure, sharing, inquiry and application, acceptance of applications for objections and acceptance of applications for credit repair.

  The municipal public credit information platform shall strengthen the connectivity and integration with the national and provincial public credit information platforms as well as relevant municipal and district information systems or platforms, so as to ensure the exchange and sharing of public credit information.

  Article 7     Public credit information shall be subject to catalogue-based management, including the National Basic Catalogue of Public Credit Information, Guangdong Provincial Supplementary Catalogue of Public Credit Information, and the Municipal Supplementary Catalogue of Public Credit Information.

  The municipal development and reform authority shall, in conjunction with relevant authorities, formulate guidelines of this Municipality for the collection of public credit information according to the catalogue of public credit information, and submit the guidelines to the municipal people’s government for approval before implementation.

  The guidelines for the collection of public credit information shall specify public credit information providers, information name, type of credit entity, information category, data items, disclosure attribute, sharing attribute, disclosure period and other related contents.

  Article 8     The collection of a natural person’s public credit information shall be based on his/her resident ID card number serving as the associated and matching identifier; if there is no resident ID card number, the number of the household register, passport or any other valid ID card shall serve as the associated and matching identifier.

  The collection of public credit information of a legal person or unincorporated organization shall be based on its unified social credit code serving as the unique identifier.

  Article 9     Relevant administrative authorities shall, ex officio, create occupational credit files for key groups. The occupational credit files of the key groups may include the following information:

  (1)Their job positions, titles, etc.;

  (2)Their vocational qualification certificates;

  (3)Their annual assessment results;

  (4)Third­party evaluations;

  (5)Other relevant occupational credit information.

  For the purpose of the preceding paragraph, the “key groups” include civil servants, legal representatives and related responsible persons of enterprises, lawyers, teachers, physicians, licensed pharmacists, tax accountants, registered fire engineers, accountants/auditors, real estate agents, tour guides, social workers and the like.

  Article 10   The public credit information provider shall, in accordance with the guidelines and specifications for the collection of public credit information, record and store the public credit information generated or obtained by it when performing its duties or providing public services, and then submit the information to the public credit information platform in a timely, accurate and complete way.

  Credit entities are encouraged to provide their qualification certificates, business performance, contract performance and other information reflecting their own credit status to information providers in such forms as voluntary declaration and signing sharing agreements, and shall be liable to the authenticity and accuracy of the information provided.

  Article 11    The public credit information provider shall establish an information verification mechanism and, after verifying the authenticity and completeness of the information, submit it to the municipal public credit information platform in real time; Where any information provider is incapable to do so, it shall submit the information within 7 working days upon the generation of the information.

  If the public credit information provider is aware of any error, invalidity or change in the information, it shall make corrections within 3 working days from the date it becomes aware and provide the corrected information to the municipal public credit information platform.

  Where any credit information system in the relevant industry has been interconnected and shared with the municipal public credit information platform, the public credit information provider does not need to repeatedly submit such information.

  Article 12   Institutions responsible for providing public credit services in this Municipality shall complete the comparison and entry of the submitted public credit information within 2 working days upon receipt of such information; if the information does not meet the requirements, the feedback shall be given to the public credit information provider for review and resubmission.

  Article 13   If the institution responsible for providing public credit services in this Municipality is aware of any error, invalidity or change in the information, it shall notify the public credit information provider to make corrections within 3 working days from the date it becomes aware.

  Article 14   For the public credit information disclosed in accordance with the law that has a validity period, the disclosure period shall be the same as the validity period; if the information that has no validity period, the disclosure period shall end on the date when it is removed.

  The disclosure period of discreditable conduct information shall not exceed 5 years. After the expiration of the disclosure period, no further disclosure shall be made. The disclosure period shall be calculated from the date of recognition of the discreditable conduct; if the discreditable conduct is committed in a continuous state, the disclosure period shall be calculated from the ending date of the discreditable conduct. Where there are other related laws, regulations or national provisions, such provisions shall prevail.

  The public credit information shall be archived for preservation upon the expiry of disclosure period, but may be queried by relevant administrative authorities for fulfilling their duties upon application to the institutions responsible for providing public credit services in this Municipality

  Article 15   Credit entities have the right to query their own public credit information free of charge through the public credit information platform for an unlimited number of times.

  The institution responsible for providing public credit services in this Municipality shall provide a public credit information report to the query entity in accordance with the law and regulations.

  Public credit information reports include reports on public credit information of legal persons andunincorporated organizations as well as reports on public credit information of natural persons. The format and content requirements of public credit information reports shall be implemented in accordance with relevant national standards.

  Article 16   The municipal development and reform authority shall, under the citywide unified public data opening mechanism and after soliciting opinions from public credit information providers, expand the opening of public credit information to society step by step, so as to optimize the environment for the development of the credit service industry.

  Upon receipt of a batch of applications for public credit information inquiry, the municipal development and reform authority shall verify the applicants’ conditions, negotiate with them on the scope of inquiry, usage methods, information use purposes and the like, and provide services to those who have signed confidentiality agreements.

  Before the opening of public credit information, data security risks in such aspects as data leakage, data tampering, data abuse and privacy protection shall be fully evaluated, and corresponding security prevention measures shall be taken.

  Article 17   The municipal development and reform authority shall be responsible for coordinating and guiding the public credit information repair work in this Municipality. Public credit information providers shall provide clear channels for repairing public credit information and carry out public credit information repair related work in accordance with relevant regulations.

  Article 18   The municipal development and reform authority shall, in conjunction with relevant administrative authorities, strengthen the construction of mechanisms and expand the application scenarios of public credit information.

  The implementation of administrative licensing, qualification rating, public resource trading, government procurement, bidding of government invested projects, financial fund support, daily supervision and management, commendation and rewards, recruitment of government employees and the like shall apply public credit information in accordance with relevant regulations.

  Article 19   This Municipality shall establish a mature rewarding and punishment mechanism in accordance with relevant national and provincial regulations, and shall implement list-based management of rewarding and punishment measures.

  The municipal development and reform authority shall, in accordance with the National Basic List of Punishment Measures for Discreditable Conducts, Guangdong Provincial Supplementary List of Punishment Measures for Discreditable Conducts, and the Municipal Supplementary List of Punishment Measures for Discreditable Conducts, formulate work guidelines in conjunction with relevant administrative authorities to standardize the implementation of punishment measures for discreditable conducts.

  Article 20   This Municipality shall establish a comprehensive financing credit service platform, improve the docking mechanism concerning such public credit information as market regulation, customs, justice, taxation, real estate registration, electricity, water and gas, housing provident fund and social security as per the principle of public welfare, provide basic information services to financial institutions in accordance with laws and regulations and provide credit support to such key groups as small and medium-sized enterprises, privately or individually-owned business, farmers and new agricultural operators.

  This Municipality encourages innovation in credit financing products and promotes the integration and sharing of public credit information and financial information.

  Article 21   Relevant administrative authorities shall implement the notification and commitment system of certification matters and enterprise-related business license matters, establish a mechanism for recording, collecting and publishing credit information about notification and commitment and incorporate the performance of commitments by the commitment subjects into public credit information.

  Where the relevant administrative authority finds during verification or daily supervision that the parties involved fail to fulfill their commitments, it shall terminate the handling process of relevant matters in accordance with the law, order rectification within the prescribed time limit, revoke administrative decisions or impose administrative penalties and incorporate relevant information into public credit information.

  Article 22   The municipal people’s government shall establish a standardized comprehensive system of public welfare nature for evaluating the public credit of market entities.

  Relevant administrative authorities shall conduct industry-wide credit evaluations on market entities and practitioners in such key areas as engineering construction, ecological and environment protection, transportation, safety production, food and drugs, education and medical care.

  Relevant administrative authorities shall formulate credit classification and supervision standards for their respective industries and fields based on the comprehensive evaluation results of public credit and industry-wide credit evaluation results, and reasonably determine the sampling ratio and frequency.

  Article 23   This Municipality encourages the inquiry and use of public credit information when conducting market transactions, enterprise management, financing loans, social welfare activities and the like as well as the efforts on the statistical analysis of public credit information and research on related trends to provide reference for economic analysis, government decision-making, industry governance and other purposes.

  This Municipality supports industry associations and chambers of commerce to query and use public credit information during industry self-discipline management and establish industry-wide rewarding and punishment mechanisms.

  Article 24   This Municipality shall seek the integration of public credit information into the circulation of data elements, and support relevant enterprises and data trading institutions to develop data products and services based on public credit information in a law-based way.

  This Municipality promotes the innovative application of public credit information in the integration of data resources and standardized management of grassroots matters and expands the application scenarios of public credit information in the field of digital economy.

  Article 25   This Municipality shall establish a mechanism for the exchange and application of public credit information with other domestic cities and promote mutual recognition and sharing of public credit information products, comprehensive evaluation results of public credit and the like.

  This Municipality shall actively participate in the credit construction in the Guangdong-Hong Kong-Macao Greater Bay Area and seek the connectivity and sharing of enterprise-related public credit information in such fields as standard co-construction, market entity registration, product traceability and cross-border credit.

  Article 26   In the collection, disclosure, sharing, inquiry and application of public credit information, relevant administrative authorities shall establish information security management and confidentiality systems and fulfill their respective responsibilities in information security management.

  The institutions responsible for providing public credit services in this Municipality shall establish security management systems of public credit information to be submitted to the municipal public credit information platform, improve such mechanisms as identity authentication, storage access control and authorization management, so as to ensure the normal operation of the platform and data security.

  The municipal public credit information platform shall comply with the national computer information system security level protection requirements and have the functions of security monitoring and backup.

  Article 27   No organization or individual may engage in the following behaviors that endanger the security of public credit information:

  (1)Falsify, tamper with or delete public credit information in violation of related rules and regulations;

  (2)Steal or obtain public credit information through other illegal means;

  (3)Disclose public credit informationthat shall not be publicized without authorization;

  (4)Disclose public credit information that involves state secrets, trade secrets and personal privacy;

  (5)Trade or provide public credit information to others in violation of law;

  (6)Store, use, process and transmit individuals’ public credit information in violation of related rules and regulations;

  (7)Fail to take security measures and process individuals’ public credit information in violation of related rules and regulations;

  (8)Have other conducts forbidden by laws, rules and regulations.

  Article 28   Where a municipal development and reform authority, public credit information provider, institution responsible for providing public credit services or any other relevant institution and its staff, in violation of these Rules, fails to perform its/his/her duties lawfully, the competent authority shall order it/him/her to make corrections and impose punishment on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

  Article 29   Any organization or individual that, in violation of the provisions of Article 27 herein, engages in any behaviors that endanger the security of public credit information shall be punished in accordance with relevant provisions of Regulations of Guangdong Province on Social Credit.

  Article 30   These Rules shall come into force on April 1, 2024.