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No. 272 Order of Wuhan Municipal People’s Government
source:     2018-01-02

It is hereby promulgated that the Measures of Wuhan Municipality for the Management of Public Credit Information have been adopted at the 176th Executive Meeting of Wuhan Municipal People’s Government on June 12, 2016, and shall be implemented as of September 1, 2016. 

  

  

Mayor:   Wan Yong 

July 20, 2016 

  

 Measures of Wuhan Municipality for the Management of Public Credit Information 

 

  

Chapter One   General Provisions 

Article 1   With a view to standardizing the collection, disclosure and use of public credit information, optimizing the public credit information service, creating an environment of integrity, and promoting the construction of Creditworthy Wuhan, these Measures are formulated in accordance with the provisions of the Planning Outline of Social Credit System Construction (2014-2020) formulated and issued by the State Council and in the light of the actual situation of this Municipality.  

Article 2   These Measures are applicable to the collection, disclosure, use and supervision of public credit information within the administrative areas of this Municipality.  

Article 3   The public credit information as mentioned in these Measures refers to the credit data and materials of natural persons, legal persons and other organizations formed during fulfillment of responsibilities by the administrative organs (including organizations exercising public affairs management based on laws and regulations, the same below) or the mass organizations (hereinafter referred to as the information source agencies) of this Municipality.  

For the management of credit data and materials of natural persons, legal persons and other organizations formed during fulfillment of responsibilities by the judiciary organs of this Municipality, the management approaches for public credit information shall be applied.  

Article 4   The collection, disclosure, use and supervision of public credit information shall follow the principles of legitimacy, safety, timeliness, accuracy and fairness, without disclosure of State secrets or infringement of trade secrets or individual privacy.  

Article 5   The Municipal Peoples Government and the peoples governments at the  district level (including the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same below) shall establish a coordination mechanism for the management of public credit information where major matters are solved through coordination, incorporate the management fund into the fiscal budget, and make performance appraisals on the collection, disclosure, use and supervision of public credit information.    

Article 6   The municipal department of development and reform, as the competent department of public credit information of this Municipality, shall be responsible for the overall coordination and supervision of the collection, disclosure and use of public credit information of the whole city.  

The competent departments of public credit information determined by the peoples governments at the district level shall be responsible for the overall coordination and supervision of the collection, disclosure and use of public credit information within their respective districts.  

Article 7   A public service platform for credit information shall be established as a carrier for the collection, disclosure and use of public credit information of the whole city, which provides such services as information inquiry and dispute settlement and achieves cross-district, cross-department and cross-system information sharing.  

Article 8   An information source agency shall establish a public credit information management system, designate a specific department in charge of public credit information work and specify its responsibilities, and establish a database for public credit information, and shall be responsible for recording, collecting, sorting out, storing and submitting the public credit information produced and grasped during fulfillment of its responsibilities.  

Article 9   Catalog Management is adopted for the public credit information of this Municipality. The municipal competent department of public credit information shall organize the creation of public credit information catalog of Wuhan municipality, work out the categories, ways of disclosure, time limit for collection, ways of exchange, standard data formats and other requirements in accordance with the municipal standards and codes for creating government data catalog as well as the State and provincial standards and codes for credit information.  

An information source agency shall create its own public credit information catalog in accordance with Wuhan municipal public credit information catalog and relevant requirements.     

Article 10   In the collection, disclosure and use of public credit information, the uniform social credit codes shall be used to match the credit information of natural persons, legal persons and other organizations. The uniform social credit code of a natural person is his/her ID Card number, and that of a legal person or an organization is the legal ID code granted by an administrative department of registration. 

  

Chapter Two   Information Collection  

Article 11   The public credit information includes the basic information, incredibility information and other information of legal persons and other organizations (hereinafter referred to as the entities) as well as natural persons at or above the age of 18.  

Article 12   The basic information of an entity includes:  

(1) information on registered name, uniform social credit code, subsidiaries, etc.;  

(2) information on legal representative, responsible persons or other important management personnel;  

(3) information on administrative licenses for various qualifications;   

(4) information on product, service and management system certification and accreditation;  

(5) information on annual inspection, annual report, annual verification, inspection, quarantine and filing;  

(6) information on credit evaluation appraised by the trade competent department; and 

(7) other basic information of an entity. 

The basic information of a natural person includes:  

(1) name and ID Card number;  

(2) education background and employment status;  

(3) information on professional titles, qualifications, etc.; and 

(4) other basic information of a natural person. 

Article 13   The incredibility information of an entity includes:  

(1) information on arrearages of taxes and social insurances;  

(2) information on arrearages of administrative and institutional fees and governmental funds;  

(3) information on providing false materials and violating the informing and commitment system;   

(4) information on administrative punishment and administrative enforcement made through general procedures;   

(5) information on punishment by the supervision department due to liability accidents involving product quality, production safety, food safety, environmental pollution, etc.;  

(6) information on industry ban imposed by the supervision department;  

(7) information on criminal punishment, administrative penalty and industry ban received by the legal representative or responsible persons and other important management personnel during fulfillment of their responsibilities;   

(8) incredibility information confirmed by the supervision department during its supervision and inspection, and record of being listed as an enterprise of abnormal operation or a seriously illegal and incredible enterprise; and   

(9) other incredibility information as specified by the State, the Province and the Municipality.  

The incredibility information of a natural person includes: 

(1) information on providing false materials and violating the informing and commitment system; 

(2) information on administrative punishment and administrative enforcement made through general procedures; 

(3) information on industry ban imposed by the supervision department; 

(4) incredibility information confirmed by the supervision department during its supervision and inspection;  

(5) information on arrearages of taxes; and 

(6) other incredibility information as specified by the State, the Province and the Municipality. 

Article 14   Other information of an entity or a natural person includes:  

(1) information on commendations and awards granted by information source agencies;  

(2) information on participating in voluntary services, charitable donations and other activities organized by information source agencies;    

(3) information on effective criminal judgment, effective legal documents of civil and commercial cases involving property disputes, failure of executing effective legal documents, not including information that shall not be disclosed according to law; and 

(4) other information as specified by the State, the Province and the Municipality. 

Article 15   The municipal public service platform for credit information shall not collect the information on a natural persons religious belief, gene, fingerprints, blood type, disease and medical history, as well as other information that shall not be collected as provided by laws and regulations.  

Article 16   Public credit information shall be based on the documents with legal effect, mainly including:  

(1) administrative licenses and qualification verification documents issued by administrative organs according to law;  

(2) administrative penalty decisions, administrative enforcement documents and other punishment documents issued by the administrative organs according to law;  

(3) decisions on grade evaluation, commendations and awards issued or announced by relevant entities;  

(4) effective legal documents issued by judiciary organs or arbitration institutions; and 

(5) other legal and effective certificates. 

Information source agencies shall be responsible for verifying the legally effective  documents specified in the preceding paragraph.   

Article 17   Information source agencies shall provide and be responsible for the public credit information produced during fulfillment of their responsibilities. The information source agencies at the municipal level shall be responsible for collecting relevant public credit information of their own entities; the competent departments of public credit information at the district level shall be responsible for collecting relevant public credit information of their own districts.  

Article 18   The municipal competent department of public credit information shall, jointly with the municipal competent department of network information, determine the standard and format of public credit information, the time limit for information collection and other work requirements. The platform of Cloud Wuhan shall collect public credit information timely in accordance with the relevant work requirements.   

Information source agencies shall collect public credit information timely onto the platform of Cloud Wuhan, which shall be linked to and send its real-time public credit information to the municipal public service platform for credit information.  

  

Chapter Three   Information Disclosure  

Article 19   The public credit information of entities shall be disclosed by publicity, sharing or inquiry.  

The public credit information of natural persons shall be disclosed by sharing or inquiry; where otherwise provided by laws and regulations, such provisions shall prevail.  

For the specific disclosure methods, the disclosure methods specified under the public credit information catalog of Wuhan Municipality shall apply.  

Article 20   The time limit for disclosing the bad records of incredibility and other information is five years as of the date of record.  

Article 21   The following public credit information belongs to public information and shall be publicized by the municipal public service platform for credit information via the network of Credit Wuhan:  

(1) the information that has been publicized according to law by information source agencies via government websites, government bulletins, press conferences, Internet, newspapers, radios, TV and other methods; and 

(2) other information that shall be publicized actively as provided by laws, regulations and rules.  

The public credit information other than that specified in the preceding paragraph belongs to non-public information.  

Article 22   An entity of this Municipality that needs to use public credit information due to fulfillment of its management responsibilities shall, in accordance with the relevant provisions on government data sharing, file an application for approval to the municipal competent department of network information and the municipal competent department of public credit information, and the latter shall explicitly specify the shared contents, the sharing purpose and method, and the safety responsibilities. Only after approval shall public credit information be shared and used.  

Article 23   The municipal public service platform for credit information shall formulate and publicize the service specifications, and offer convenient inquiry service via service windows, platform network, mobile software and other methods.  

An individual who applies for inquiry of his/her own non-public information shall provide his/her valid identity certificate; an individual who applies for inquiry of another persons non-public information shall provide the inquirers valid identity certificate and authorization letter. Where laws and regulations provide otherwise on information inquiry, such provisions shall prevail. 

On the premise of ensuring the information safety, the municipal public service platform for credit information shall, by setting ports or other means, provide credit service agencies with batch inquiry service to meet their business demand.  

The municipal public service platform for credit information shall formulate an inquiry management system and specify the inquiry requirements and procedures, which shall, before implementation, be submitted to the municipal competent department of public credit information for approval.   

  

Chapter Four   Information Use  

Article 24   During fulfillment of responsibilities, an information source agency shall take the credit status of an entity or a natural person as an important reference basis for its management activities, execute credit evaluation system, and expand the applied range of credit evaluation results, so as to improve the social management and public service level.  

Natural persons and entities are encouraged to use public credit information in such activities as financial activities, market transactions, trade management and social benefits, so as to prevent transaction risks and promote trade self-discipline. Credit service agencies are encouraged to use public credit information, process credit products, and provide the public with credit service. Exchange, sharing and application of trans-regional public credit information are encouraged.      

Article 25    For entities, natural persons and administrative organs with good credit status, under the same conditions, the following incentive measures may be taken according to law:  

(1) offering convenience such as green passage and “acceptance of defective applications in the procedures of administrative licensing.  

(2) giving priority and energetic support during implementation of governmental preferential policies concerning arrangement of fiscal fund projects as well as business and investment promotion;  

(3) giving awarded credit marks as provided by law and convention in relevant public resources trading activities;  

(4) reducing the frequency of daily and special inspections; and/or 

(5) other incentive measures as provided by the State, the Province and the Municipality. 

Article 26   For entities, natural persons and administrative organs with bad credit status, the following punishment measures may be taken according to law:  

(1) listing them as focused targets in daily supervision, increasing the frequency of inspections and strengthening on-site inspections;  

(2) listing them as focused targets in administrative licensing, annual inspections and other inspections; 

(3) canceling or reducing the administrative privileges that have been granted;  

(4) restricting applications for fiscal fund projects, restricting participation in relevant public resources trading activities, restricting participation in infrastructure and public utilities franchise;  

(5) restricting participation in commendation and award activities;  

(6) restricting acting as the legal representatives, responsible persons or senior managers of enterprises; and/or 

(7) other punishment measures that may be taken as provided by the State, the Province and the Municipality.  

The municipal competent department of public credit information shall, through information sharing, organize relevant departments to take joint punishment measures against seriously dishonest entities or natural persons. The specific administrative measures for joint punishment system shall be formulated by the municipal competent department of public credit information jointly with the relevant departments, and shall, before implementation, be submitted to the Municipal Peoples Government for approval.  

Article 27   A trans-regional cooperative credit system shall be established to exercise trans-regional joint incentives and punishments over those creditworthy and those seriously dishonest.   

  

Chapter Five   Protection for Rights and Interests  

Article 28   The municipal public service platform for credit information shall work out its internal rules of information safety management, specify the job responsibilities, inquiry authority and procedures of its staff, and ensure the normal operation and information safety of the platform.   

The municipal public service platform for credit information shall set up an information collection and inquiry log and safe it for long retention periods. The log shall record the history of information collection and inquiry faithfully. The collection record covers the name of information providers, the submission time and way, the information categories, etc. The inquiry record covers the name of inquirers, inquiry time, way, reason and times, etc.  

Article 29   An entity or natural person may require the municipal public service platform for credit information to delete its/his/her own information on commendations and awards, voluntary services, charitable donations, etc. The municipal public service platform for credit information shall delete relevant information within two work days as of the date of receiving an application and notify the relevant information source agency.  

Article 30   If an entity or natural person considers that the information disclosed by the municipal public service platform for credit information is inconsistent with the facts or shall not be disclosed as provided by relevant laws, regulations and rules, it/he/she may, on the strength of relevant evidences, raise an objection in writing to the municipal public service platform for credit information.  

Article 31   The municipal public service platform for credit information shall make information comparison within two work days as of the date of receiving a dispute application.  

If the information recorded by the municipal public service platform for credit information is really inconsistent with that provided by an information source agency, the municipal public service platform for credit information shall make corrections and notify an applicant of the correction results within five work days.  

If the information recorded by the municipal public service platform for credit information is consistent with that provided by an information source agency, the municipal public service platform for credit information shall transfer the dispute application of an applicant to the information source agency for verification. The information source agency shall reply the verification result in writing within ten work days as of the date of receiving the verification notices, and the municipal public service platform for credit information shall notify the applicant of the verification result within five work days as of the date of receiving the reply. If an information source agency fails to verify the disputed information as provided or to timely notify the municipal public service platform for credit information of its verification result, the municipal public service platform for credit information shall no longer disclose such information to the public.   

Article 32   The municipal public service platform for credit information shall mark out the disputed information during the period of acceptance, and delete the information the authenticity of which cannot be confirmed through verification, with reasons recorded.  

Article 33   If an information source agency finds out that the public credit information provided by itself has been changed or invalidated or is incorrect, it shall make corrections timely and send within five work days the corrected information to the municipal public service platform for credit information, and the latter shall correct or delete the relevant information within five work days. 

Article 34   The competent departments of public credit information, the competent departments of network information, the information source agencies, the municipal public service platform for credit information, the platform of “Cloud Wuhan” and their staff shall not commit the following acts:  

(1) inquiring pubic credit information beyond authority;  

(2) falsifying, fabricating, illegally deleting pubic credit information;  

(3) disclosing pubic credit information without authorization;  

(4) disclosing pubic credit information involving State secrets, trade secrets or individual privacy; or  

(5) other acts forbidden by laws, regulations and rules. 

The competent departments of public credit information, the competent departments of network information, the information source agencies, the municipal public service platform for credit information, and the platform of “Cloud Wuhan” shall establish a safety management system for public credit information and take effective measures to ensure the safety of public credit information.  

Article 35   The competent departments of public credit information and the municipal public service platform for credit information shall establish a complaint and offence-report system for public credit information, under which complaints and offence-reports are received via hotlines and emails. 

  

Chapter Six   Legal Responsibilities 

Article 36   If an information source agency at the municipal level fails to provide the platform of “Cloud Wuhan” with public credit information as provided by these Measures, the municipal competent department of network information shall urge it in writing to provide the information; if such agency fails to provide the information after being urged, the municipal competent department of network information shall apply to the Municipal Peoples Government for circulating a notice of criticism and may suspend its qualification of sharing the public credit information.  

If a competent department of public credit information at the district level fails to provide the platform of “Cloud Wuhan” with public credit information as provided by these Measures, the municipal competent department of network information shall urge it in writing to provide the information; if such department fails to provide the information after being urged, the municipal competent department of network information shall apply to the Municipal Peoples Government for circulating a notice of criticism and may suspend its qualification of sharing the public credit information. 

Article 37   A competent department of public credit information, a competent department of network information, an information source agency, the municipal public service platform for credit information or the platform of “Cloud Wuhan” or any of its staff members that is involved in any of the following circumstances during public credit information management shall be given administrative penalties according to law; if a crime is constituted, criminal liability shall be investigated according to law:  

(1) collecting public credit information by improper means;  

(2) falsifying or fabricating pubic credit information; 

(3) disclosing or leaking public credit information in violation of the relevant provisions; 

(4) failing to accept information disputes and give replies as provided; or 

(5) other acts such as abuse of power, neglect of duty or committing illegalities for personal gains.  

  

Chapter Seven   Supplementary Provisions 

Article 38   These Measures shall come into force as of September 1, 2016.  

 

 

 

To:

People’s governments at the district level, departments of the Municipal People’s Government.

Office of Legislative Affairs of the Provincial People’s Government.

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties.

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and  Procuratorate.

News agencies, enterprises and institutions affiliated to ministries.

General Office of Wuhan Municipal People’s Government

Printed and Distributed on July 27, 2016

 

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