Guiding Opinions of the General Office of the State Council on Accelerating the Building of a Social Credit System to Establish a New Credit-based Regulatory Mechanism
Guiding Opinions of the General Office of the State Council on Accelerating the Building of a Social Credit System to Establish a New Credit-based Regulatory Mechanism
Guiding Opinions of the General Office of the State Council on Accelerating the Building of a Social Credit System to Establish a New Credit-based Regulatory Mechanism
Guo Ban Fa [2019] No.35
July 9, 2019
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council,
The following opinions are hereby put forward upon approval by the State Council, in order to strengthen the construction of the social credit system, deeply impel the reform of "streamlining administration, delegating powers and strengthening regulation, and improving services", further give play to the basic role of credit in innovating regulation mechanisms and enhancing regulation capability and level, better stimulate the vitality of market players and promote high-quality development.
I. General Requirements
Guided by Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, we shall deeply uphold the spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee, heighten credit supervision as per the basic principles of compliance with laws and regulations, reform and innovation and collaborative co-governance, innovate the regulatory philosophy, regulatory systems and regulatory approaches, and establish a sound new regulatory mechanism that covers the lifecycle of market players and connects the ex-ante, in-process and ex-post regulatory processes, in a bid to constantly enhance regulatory capacity and level, further regulate the market order, improve the business environment and spur high-quality growth.
II. Innovating Credit Supervision in the Ex-ante Regulatory Process
1. Establishing and perfecting a credit commitment system. Where an administrative licensing matter subject to the credit commitment system is handled, if an applicant undertakes that it meets the examination and approval conditions and submits relevant materials, the said matter shall be handled immediately. Where an applicant with good credit standing submits incomplete application materials but undertakes in writing to provide the remaining within a prescribed time limit, the application shall be accepted firstly to accelerate handling. The fulfillment conditions of written commitments will be included in credit records and be taken as important bases of interim and ex-post regulation. With respect to an applicant not fulfilling a commitment, punishments will be imposed, as the case may be. It is imperative to accelerate the sorting of administrative licensing matters subject to credit commitments, formulate a well-formed letter of credit commitment, and disclose them to the public on credit portal websites at all levels. Market players are encouraged to actively make credit commitments to society. Industry associations and chambers of commerce are supported to establish and perfect an industrial credit commitment system, and intensify industry self-discipline. (In the charge of all places and all departments as per the duties thereof)
2. Exploring the pre-establishment integrity education for operators. It is necessary to make full use of all kinds of government affairs service windows at all levels, and extensively provide law-abiding and integrity education for market players. While handling business related to registration, examination and approval, record-filing and so on for market players, we shall conduct standard, normative and convenient legal knowledge and credit knowledge education in real time, and enhance operators' awareness of law-abiding and faithful operation. No charges shall be collected for integrity education, and it shall not be recognized as a necessary condition for market entry. (In the charge of all places and all departments as per the duties thereof)
3. Actively expanding the application of credit reports. All kinds of market players are encouraged to more extensively and actively apply credit reports during production and operation activities. Under matters such as government procurement, tendering and bidding, administrative examination and approval, market access as well as qualification review, it is a requirement to give full play to the role of credit reports issued by public credit service agencies and third-party credit service agencies. Efforts shall be made to explore the establishment of national unified credit report standards, and impel the mutual recognition of credit report results in different places. (Under the leadership of the National Development and Reform Commission ("NDRC") and the People's Bank of China ("PBC"), and in the charge of all places and all departments as per the duties thereof)
III. Intensifying Credit Supervision in the Interim Regulatory Process
4. Forming comprehensive credit records for market players. It is imperative to establish a catalog of collection of credit information as per the list of rights and responsibilities, and while handling registration, qualification review, daily supervision, public services and so on, document the credit behaviors of market players in a timely, accurate and complete manner, and stress that their discreditable acts should be recorded so as to make them verifiable and traceable.
......
Guo Ban Fa [2019] No.35
July 9, 2019
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council,
The following opinions are hereby put forward upon approval by the State Council, in order to strengthen the construction of the social credit system, deeply impel the reform of "streamlining administration, delegating powers and strengthening regulation, and improving services", further give play to the basic role of credit in innovating regulation mechanisms and enhancing regulation capability and level, better stimulate the vitality of market players and promote high-quality development.
I. General Requirements
Guided by Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, we shall deeply uphold the spirit of the 19th CPC National Congress and the Second and Third Plenary Sessions of the 19th CPC Central Committee, heighten credit supervision as per the basic principles of compliance with laws and regulations, reform and innovation and collaborative co-governance, innovate the regulatory philosophy, regulatory systems and regulatory approaches, and establish a sound new regulatory mechanism that covers the lifecycle of market players and connects the ex-ante, in-process and ex-post regulatory processes, in a bid to constantly enhance regulatory capacity and level, further regulate the market order, improve the business environment and spur high-quality growth.
II. Innovating Credit Supervision in the Ex-ante Regulatory Process
1. Establishing and perfecting a credit commitment system. Where an administrative licensing matter subject to the credit commitment system is handled, if an applicant undertakes that it meets the examination and approval conditions and submits relevant materials, the said matter shall be handled immediately. Where an applicant with good credit standing submits incomplete application materials but undertakes in writing to provide the remaining within a prescribed time limit, the application shall be accepted firstly to accelerate handling. The fulfillment conditions of written commitments will be included in credit records and be taken as important bases of interim and ex-post regulation. With respect to an applicant not fulfilling a commitment, punishments will be imposed, as the case may be. It is imperative to accelerate the sorting of administrative licensing matters subject to credit commitments, formulate a well-formed letter of credit commitment, and disclose them to the public on credit portal websites at all levels. Market players are encouraged to actively make credit commitments to society. Industry associations and chambers of commerce are supported to establish and perfect an industrial credit commitment system, and intensify industry self-discipline. (In the charge of all places and all departments as per the duties thereof)
2. Exploring the pre-establishment integrity education for operators. It is necessary to make full use of all kinds of government affairs service windows at all levels, and extensively provide law-abiding and integrity education for market players. While handling business related to registration, examination and approval, record-filing and so on for market players, we shall conduct standard, normative and convenient legal knowledge and credit knowledge education in real time, and enhance operators' awareness of law-abiding and faithful operation. No charges shall be collected for integrity education, and it shall not be recognized as a necessary condition for market entry. (In the charge of all places and all departments as per the duties thereof)
3. Actively expanding the application of credit reports. All kinds of market players are encouraged to more extensively and actively apply credit reports during production and operation activities. Under matters such as government procurement, tendering and bidding, administrative examination and approval, market access as well as qualification review, it is a requirement to give full play to the role of credit reports issued by public credit service agencies and third-party credit service agencies. Efforts shall be made to explore the establishment of national unified credit report standards, and impel the mutual recognition of credit report results in different places. (Under the leadership of the National Development and Reform Commission ("NDRC") and the People's Bank of China ("PBC"), and in the charge of all places and all departments as per the duties thereof)
III. Intensifying Credit Supervision in the Interim Regulatory Process
4. Forming comprehensive credit records for market players. It is imperative to establish a catalog of collection of credit information as per the list of rights and responsibilities, and while handling registration, qualification review, daily supervision, public services and so on, document the credit behaviors of market players in a timely, accurate and complete manner, and stress that their discreditable acts should be recorded so as to make them verifiable and traceable.
......