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Guiding Opinions of The State Council on Establishing and Improving the Joint Incentive System for Trustworthiness and Joint Punishment System for Dishonesty and Speeding Up the Construction of Social Integrity
Published time: 2022-12-14


People's governments of provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions under The State Council:

Improving the social credit system and accelerating the establishment of a new market supervision system centered on credit will help further streamline administration, delegate power, transform government functions, and create a fair and honest market environment。In order to establish and improve the trustworthy joint incentive and dishonest joint punishment system, and accelerate the construction of social integrity, the following opinions are put forward。

I. General requirements

(1) Guiding ideology。

We will fully implement the principles of the 18th CPC National Congress and the Third, Fourth, and Fifth Plenary Sessions of the 18th CPC Central Committee,深入贯彻习近平总书记系列重要讲话精神,In accordance with the decisions of the Party Central Committee and The State Council,Focus on the "four comprehensives" strategy,We should foster innovative, coordinated, green, open and shared development,We will implement the requirements for strengthening and making innovations in social governance,We will accelerate the development of a social credit system,Strengthen the disclosure and sharing of credit information,Use credit incentives and constraints in accordance with laws and regulations,Establish a cross-regional, cross-departmental and cross-field joint incentive mechanism for trustworthiness and joint punishment mechanism for dishonesty involving the government and society,We will encourage market entities to operate in good faith in accordance with the law,Maintain normal market order,Create an honest social environment。

(2) Basic principles。

-- Praise honesty and punish dishonesty。Make full use of credit incentive and restraint means, increase incentives for honesty subjects and punishment for serious dishonesty subjects, so that those who keep faith benefit and those who lose faith are restricted, and form a system and mechanism for praising honesty and punishing dishonesty。

-- Departmental linkage and social coordination。Through the disclosure and sharing of credit information, a cross-regional, cross-departmental and cross-field joint incentive and punishment mechanism is established to form a common governance pattern featuring the coordination and linkage of government departments, the self-discipline management of industry organizations, the active participation of credit service agencies, and the extensive supervision of public opinion。

-- Protecting rights and interests in accordance with the law and regulations。Strictly in accordance with laws, regulations and policies, scientifically define trustworthy and dishonest behavior, and carry out joint incentives for trustworthy and joint punishments for dishonest behavior。We will establish and improve mechanisms for credit repair and appeals to protect the legitimate rights and interests of parties concerned。

-- Focusing on key areas and advancing them in a coordinated manner。We will adhere to a problem-oriented approach and strive to solve the current problems of dishonesty in key areas that endanger public interests and public security, have strong reactions from the people, and have a major negative impact on economic and social development。We will encourage and support local people's governments and relevant departments in making innovations and demonstrations, and gradually extend the mechanisms for encouraging trustworthiness and punishing dishonesty to all economic and social fields。

Second, improve the mechanism of praising and encouraging honest behavior

(3) Multi-channel selection of tree integrity typical。The administrative counterparts with good credit status determined by relevant departments and social organizations through credit classification supervision, integrity and moral models, outstanding young volunteers, integrity members recommended by industry associations and chambers of commerce, and integrity subjects excavated by news media will be established as integrity models。Encourage relevant departments and social organizations to establish various types of subject credit records in supervision and services, promote those without bad credit records and relevant integrity models to the society, and implement trustworthy incentives in conjunction with other departments and social organizations。Encourage the chamber of commerce of trade associations to improve the credit evaluation mechanism of member enterprises。Guide enterprises to take the initiative to issue comprehensive credit commitments or special commitments such as product and service quality, carry out self-statements such as product and service standards, accept social supervision, and form a good atmosphere for enterprises to strive to be a model of integrity。

(4) Exploring the establishment of a "green channel" for administrative approval。In the process of handling administrative licenses, for administrative counterparts who are typical of integrity and have no bad credit records for three consecutive years, convenient service measures such as "green channel" and "acceptance of capacity and lack" can be implemented according to the actual situation。For qualified administrative counterparts, in addition to the materials required by laws and regulations, some of the declaration materials are incomplete, if its written commitment to provide within the prescribed time limit, should be accepted first and speed up the process。

(5) Giving priority to public service facilitation。In the implementation of various government preferential policies, such as the arrangement of financial funds and preferential policies for attracting investment, we will give priority to honest market players and increase support。In the fields of education, employment, entrepreneurship and social security, we will give priority support and convenience to honest individuals。In the relevant public resource trading activities, we advocate the adoption of credit bonus measures for honest market players in accordance with the law and in accordance with the contract。

6. Improving administrative oversight arrangements for honest enterprises。Market supervision departments at all levels should, according to the credit records and credit evaluation classification of supervision objects, pay attention to the use of big data means, improve the supervision measures during and after the event, and provide facilitation services for market players。For honest enterprises that meet certain conditions, the frequency of inspection shall be optimized in daily inspection and special inspection。

7. Reducing market transaction costs。Encourage the relevant departments and units to develop "tax easy loan", "credit easy loan", "credit easy bond" and other trustworthy incentive products,Guide financial institutions, commercial sales agencies and other market service institutions to refer to the use of market entities' credit information, credit scores and credit evaluation results,Granting preferential treatment and convenience to honest market entities,Make the faithkeepers get more opportunities and benefits in the market。

8. Vigorously promote honest market players。The relevant departments of the people's governments at all levels should publicize the good credit information of credit market players on the government website and the "Credit China" website in a timely manner, and focus on promoting credit enterprises in activities such as exhibitions and bank-enterprise docking, so that credit becomes an important consideration in the allocation of resources in the market。Guide credit bureaus to strengthen the collection of positive information on market players, and increase the proportion of incentive scores for trust-keepers in industries where honesty issues are more concentrated。Promote industry associations and chambers of commerce to strengthen integrity construction and industry self-discipline, commend honest members, and tell the "integrity story" of the industry。

Third, improve the restraint and punishment mechanism for dishonesty

(9) Implement joint punishment for key areas and serious dishonesty。On the basis of relevant departments and social organizations handling and evaluating dishonesty in this field in accordance with laws and regulations, through information sharing, other departments and social organizations are encouraged to take joint disciplinary measures against serious dishonesty in accordance with laws and regulations。The focus includes: first, seriously endanger the people's health and life safety behavior, including food and drugs, ecological environment, engineering quality, safety production, fire safety, mandatory product certification and other fields of serious dishonesty。Second, acts that seriously undermine the market order of fair competition and the normal order of society,Including bribery, tax evasion and fraud, malicious evasion of debt, malicious default on payment for goods or service fees, malicious unpaid wages, illegal fund-raising, contract fraud, pyramid schemes, unlicensed business, production and sale of counterfeit and shoddy products and intentional infringement of intellectual property rights, lending and borrowing qualified bidding, bidding, false advertising, infringement of legitimate rights and interests of consumers or securities and futures investors, and serious damage to the order of cyberspace communicationGathering a crowd to disrupt social order and other serious acts of dishonesty。The third is the refusal to perform the statutory obligations, seriously affecting the credibility of the judicial organs, administrative organs, including the judicial organs, administrative organs after the judgment or decision, have the ability to perform but refuse to perform, evade enforcement and other serious acts of dishonesty。Fourth, refusing to perform national defense obligations, refusing or evading military service, refusing or delaying the requisition of civilian resources or obstructing the transformation of requisitioned civilian resources, endangering national defense interests, damaging national defense facilities, etc。

(10) Strengthen administrative restraint and punishment on acts of dishonesty according to law and regulations。For the subjects of serious dishonesty, all regions and relevant departments shall list them as key objects of supervision and take administrative restraint and disciplinary measures in accordance with the law and regulations。We will strictly examine and approve items for administrative licenses,Strictly control the issuance of production licenses,Restrict the approval and approval of new projects,Limit stock offerings to public financing or issuance of bonds,Restrict listing and financing in the national share transfer system,Restrict the establishment or participation of financial institutions, small loan companies, financing guarantee companies, venture capital companies, Internet financing platforms and other institutions,Restrict access to Internet information services。Strict restrictions on the application of financial funding projects, restrictions on participation in transactions related to public resources, restrictions on participation in infrastructure and public utility concessions。Market and industry entry ban measures shall be implemented for seriously untrustworthy enterprises, their legal representatives, principal persons in charge and registered practitioners who are directly responsible for untrustworthy acts。Timely revoke the honorary titles of seriously dishonest enterprises and their legal representatives, responsible persons, senior managers, directors and shareholders who are directly responsible for dishonest acts, and cancel the qualifications to participate in the evaluation。

(11) Strengthen market constraints and punishments on dishonesty。For seriously dishonest subjects, relevant departments and institutions should take the unified social credit code as the index, and publicly disclose relevant information in a timely manner, so as to facilitate the market to identify dishonest behaviors and prevent credit risks。We will urge relevant enterprises and individuals to fulfill their legal obligations, and impose measures on those seriously untrustworthy subjects who have the ability to do so but refuse to do so, such as restricting their ability to leave the country and purchase real estate, taking flights, taking high-class trains and seats, traveling on vacation, staying in hotels above the star level, and other high-consumption behaviors。Support credit bureaus to collect information on serious dishonesty and include it in credit records and credit reports。We will guide commercial banks, securities and futures operating institutions, insurance companies and other financial institutions to raise loan interest rates and property insurance rates for seriously untrustworthy entities in accordance with the principle of risk pricing, or restrict the provision of loans, sponsorship, underwriting, insurance and other services to them。

(12) Strengthening industry-specific constraints and punishments on acts of dishonesty。Establish and improve industry self-discipline conventions and professional ethics standards, and promote industry credit construction。Guide industry associations and chambers of commerce to improve the collection and sharing mechanism of credit information within the industry, and record serious dishonesty in the credit files of members。Encourage industry associations and chambers of commerce to cooperate with qualified third-party credit service agencies to carry out credit rating evaluation of member enterprises。Support industry associations and chambers of commerce in accordance with industry standards, industry regulations, and agreements, depending on the seriousness of the circumstances, to implement disciplinary measures such as warning, industry notification criticism, public condemnation, refusal to accept, and persuasion。

(13) Strengthen social constraints and punishments on dishonesty。Give full play to the role of all types of social organizations, and guide social forces to participate in joint punishment for dishonesty。Establish and improve the trust-breaking reporting system, encourage the public to report serious trust-breaking behaviors of enterprises, and strictly keep the information of whistleblowers confidential。We will support relevant social organizations in filing public interest lawsuits in accordance with the law against mass infringements such as environmental pollution, infringement of the legitimate rights and interests of consumers or public investors。Encourage fair, independent and qualified social institutions to carry out big data public opinion monitoring of dishonest behavior, and compile and publish regional and industrial credit analysis reports。

(14) Improve personal credit records and promote the implementation of joint disciplinary measures。If an enterprise or institution commits a serious breach of trust, the personal credit records of its legal representative, principal responsible person and other persons directly responsible shall be recorded while the credit records of the enterprise or institution are recorded。At the same time of joint punishment of untrustworthy enterprises and institutions, corresponding joint disciplinary measures shall be taken against relevant responsible personnel in accordance with laws, regulations and policies。Through the establishment of a complete personal credit record database and joint disciplinary mechanism, the punishment measures for dishonesty are implemented。

Fourth, the construction of trustworthy joint incentive and dishonest joint punishment mechanism

(15) Establish a trigger feedback mechanism。Under the inter-ministerial joint conference system for the construction of the social credit system, a mechanism for initiating and responding to joint incentives for trustworthiness and joint punishments for dishonesty shall be established。The initiating departments of joint incentive and joint punishment for dishonesty in various fields are responsible for determining the objects of incentive and punishment, and the implementing departments are responsible for taking corresponding joint incentive and joint punishment measures for relevant subjects。

16. Implementing ministerial and provincial coordination and cross-regional interaction。Encourage all regions within their own administrative areas to determine the integrity of the typical and serious dishonesty subjects, to initiate ministerial and provincial cooperation and cross-regional joint incentives and punishments。Give full play to the guiding role of the inter-ministerial joint conference system for the construction of the social credit system, establish and improve cross-regional, cross-departmental and cross-field cooperation mechanisms for the construction of the credit system, and strengthen the sharing of credit information and mutual recognition of credit evaluation results。

(17) Establish and improve the credit information publicity mechanism。Promote the disclosure of government credit information, and fully implement the online disclosure system of administrative license and administrative punishment information。Except as otherwise provided by laws and regulations, the people's government at or above the county level and its departments shall disclose the administrative licenses, administrative penalties and other information of various natural persons, legal persons and other organizations through the government website within 7 working days, and promptly collect it on the "Credit China" website to provide "one-stop" inquiry services for the society。The relevant information involving enterprises shall be publicized in the enterprise credit information publicity system in accordance with the interim regulations on Enterprise information publicity。Encourage judicial organs to publish credit information such as judicial decisions and the list of persons subject to enforcement for breach of trust on the "Credit China" website。

(18) Establish and improve credit information collection, sharing and use mechanisms。Relying on the national e-government external network, establish a national credit information sharing platform, and play the role of credit information collection and sharing hub。Accelerate the establishment and improvement of credit information sharing platforms and credit information systems of various industries in all provinces (autonomous regions and municipalities), promote the construction of credit information systems for young volunteers and other projects, collect and integrate local and industry credit information, and realize interconnection and information sharing with the national credit information sharing platform。Relying on the national credit information sharing platform and in accordance with the memorandum of cooperation signed by relevant departments, the credit information management system of joint incentive for trustworthiness and joint punishment for breach of trust has been established, and dynamic collaborative functions such as initiating response, information pushing, executive feedback, credit repair and objection processing have been achieved。People's governments at all levels and their departments should embed the query and use of credit information on the national credit information sharing platform into the approval and supervision workflow to ensure that "it must be checked" and "rewards and punishments are in place".。Improve the information sharing mechanism between the government and credit bureaus, financial institutions, industry associations and chambers of commerce, promote the interaction and integration of government credit information and social credit information, and maximize the role of joint incentives for trustworthiness and joint punishments for dishonesty。

(19) Standardize the credit red blacklist system。We will continue to improve the typical "red list" system of integrity and the "black list" system of seriously untrustworthy subjects, standardize the production and release of red blacklists in various fields according to law and regulations, and establish and improve the exit mechanism。Under the premise of ensuring independence, impartiality and objectivity, relevant mass organizations, financial institutions, credit agencies, rating agencies, industry associations and chambers of commerce are encouraged to provide the resulting "red list" and "blacklist" information to government departments for reference。

(20) Establish a list system of incentives and disciplinary measures。On the basis of memorandums of cooperation in relevant fields,Comb through laws, regulations and policies to provide clear joint incentives and punishments,Establish a list of joint incentives for trustworthiness and joint disciplinary measures for dishonesty,There are two main categories: one is mandatory measures,That is, incentives and disciplinary measures that must be jointly implemented by law;The other category is recommended measures,Recommended by the parties involved,It is in line with the policy orientation of praising honesty and punishing dishonesty,Measures that may be implemented by all regions and departments according to their actual conditions。The inter-ministerial joint conference on the construction of the social credit system should sum up experience, constantly improve the list of two types of measures, and promote the construction of relevant laws and regulations。

(21) Establish and improve credit repair mechanisms。The department that initiates the joint disciplinary measures and the department that implements the joint disciplinary measures shall, in accordance with laws, regulations and policies, clarify the duration of the joint disciplinary measures for various types of dishonesty。Those who correct dishonest acts and eliminate adverse effects within the prescribed time limit are no longer subject to joint punishment。Establish a social encouragement and care mechanism that is conducive to self-correction and self-renewal, and support individuals with dishonest behaviors to repair their personal credit through social public services。

(22) Establish a sound mechanism for protecting the rights and interests of credit entities。Establish and improve the credit information objection and complaint system。The relevant departments and units in the implementation of the joint punishment measures for dishonesty, the market entities to raise objections or complaints found that the information is untrue, shall promptly inform the information provider to verify, the information provider should verify and feedback as soon as possible。The joint disciplinary measures will not be implemented during the information verification period。Information verified to be incorrect should be corrected or withdrawn in a timely manner。Where the wrongful adoption of joint disciplinary measures damages the legitimate rights and interests of the subject concerned, the relevant departments and units shall actively take measures to restore its reputation and eliminate the adverse effects。We support relevant subjects in safeguarding their legitimate rights and interests through administrative reconsideration and administrative litigation。

(23) Establish a tracking and accountability mechanism。All regions and relevant departments shall establish and improve various systems for the work of credit joint incentive and punishment, make full use of the relevant credit information management system of the national credit information sharing platform, establish and improve the tracking, monitoring, statistics and evaluation mechanisms of credit joint incentive and punishment, and establish corresponding supervision and assessment systems。Departments and units that fail to implement credit information collection, sharing and incentive and disciplinary measures shall be notified and urged to make corrections, and various joint incentive and disciplinary measures shall be effectively implemented。

Fifth, strengthen the construction of laws, regulations and a culture of integrity

24. Improving relevant laws and regulations。Continue to study and demonstrate legislation in the field of social credit。Accelerate research and promote the collection, sharing, disclosure and use of credit information, as well as joint punishment for dishonesty and other legislative work。In accordance with the requirements of strengthening credit constraints and collaborative supervision, all regions and departments should put forward revision suggestions or make targeted amendments to the relevant provisions of existing laws, regulations, rules and normative documents。

Establishing and improving standards and norms。To formulate standards for collection, storage, sharing, disclosure, and use of credit information, as well as for credit evaluation and credit classification management。Determine the standards for the construction of credit information sharing platforms at all levels, and unify technical requirements such as data formats and data interfaces。All regions and departments shall, in light of the actual situation, formulate working procedures and operational norms for the collection, sharing, disclosure and use of credit information and for joint incentives for trustworthiness and joint punishments for dishonesty。

(26) Strengthening honesty education and honesty culture construction。Organize forces from all aspects of society, guide the majority of market players to operate in good faith according to law, establish the concept of "good faith and business", organize news media to publicize honest enterprises and individuals through multiple channels, and create a strong social atmosphere。Strengthen moral constraints on dishonesty,We will improve the supervision mechanism of public opinion,Through newspapers, radio, television, Internet and other media to strengthen the supervision of dishonest subjects,Expose cases of bad social impact and serious cases of dishonesty in accordance with the law,Conduct public review, discussion and criticism activities,Form public opinion pressure and moral constraints on serious dishonesty。Through schools, units, communities, families, etc., strengthen education and help for individuals who have broken the trust, and guide them to correct their behavior of breaking the trust in a timely manner。Strengthen the integrity publicity and education of enterprise leaders, students and young people, and strengthen the professional ethics construction of accounting and auditing personnel, tour guides, insurance brokers, public officials and other key groups with integrity as an important content。We will intensify the publicity, reporting and case analysis of joint incentives for trustworthiness and joint punishments for dishonesty, and promote core socialist values。

(27) Strengthening organization, implementation, supervision and inspection。All regions and relevant departments should take the implementation of joint incentives for trustworthiness and joint punishments for dishonesty as an important measure to promote the construction of a social credit system,Conscientiously implement these opinions and formulate specific implementation plans,Effectively strengthen organizational leadership,Necessary guarantees for the implementation of the working organization, staffing, and project funds,Ensure that joint incentives and joint disciplinary measures are in place。Encourage relevant regions and departments to try first, establish a long-term mechanism by signing memorandums of cooperation or issuing normative documents, and continue to enrich the content of credit incentives and strengthen credit restraint measures。The National Development and Reform Commission should strengthen overall coordination, keep track of work progress in a timely manner, supervise and inspect the implementation of tasks and report to The State Council。