Announcement of the Standing Committee of Shanghai Municipal People’s Congress No. 54
Announcement of the Standing Committee of
Shanghai Municipal People’s Congress
No. 54
Regulations of Shanghai Municipality on Social Credit were adopted at the 38th Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on June 23, 2017, and are hereby promulgated. They shall be effective as of October 1, 2017.
Standing Committee of Shanghai Municipal People’s Congress
June 23, 2017
Regulations of Shanghai Municipality on Social Credit
(Adopted at the 38th Session of the Standing Committee of the 14th
Shanghai Municipal People’s Congress on June 23, 2017)
Contents
Chapter I General Provisions
Chapter II Social Credit Information
Chapter III Credit Incentives and Constraints
Chapter IV Protection of Information Subjects’ Rights and Interests
Chapter V Regulating and Promoting the Development of the Credit Service Industry
Chapter VI Social Credit Environment Construction
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
With a view to improving the socialist market economy system, innovating social governance systems, upgrading social credit and enhancing integrity awareness, these Regulations are formulated in accordance with relevant laws and administrative regulations and in the light of the actual circumstances of this Municipality.
Article 2
The social credit in these Regulations means the status of natural persons with full civil capacity, legal entities and unincorporated organizations (hereinafter collectively referred to as “information subjects”) complying with legally prescribed obligations or performing contractual obligations in their social and economic activities.
The social credit information in these Regulations means the objective data and materials that can be used to identify, analyze and determine the status of information subjects’ compliance with law and performance of an agreement.
Article 3
These Regulations shall apply to such activities within this administrative region as the aggregating, collecting, sharing and use of social credit information, credit incentives and constraints, protection of information subjects’ rights and interests, and the regulation and development of the credit service industry.
Where laws and administrative regulations provide otherwise, such laws and regulations shall prevail.
Article 4
The municipal and district people’s governments shall each set up an institution for deliberating and coordinating the establishment of a social credit system, incorporate such establishment into their national economic and social development plan, and promote an integrated development of a social credit system established within their administrative region.
The social credit administrative departments at the municipal and district levels shall be liable to conduct comprehensive coordination and oversight management of the social credit work, and to organize the formulation of all policy measures and coordinate the implementation thereof. Other departments of the municipal and district People’s governments shall cooperate to do well the social credit work within their scope of authority.
Article 5
This Municipality encourages all circles of society to participate in establishing a social credit system, enhancing awareness of honesty and good faith, strengthening cooperation, jointly promoting rewards and punishments on credit-related acts, and advancing an ethos of “glory to credibility and shame on non-credibility (hereinafter “discredit).”
Article 6
The activities of aggregating, collecting, sharing and using social credit information shall comply with the principles of legality, objectivity and necessity and ensure information security, without infringement of state secrets, commercial secrets, personal privacy and other personal information.
The social credit information of a natural person shall not be unlawfully collected, used, processed or transferred by any organization or individual, and shall not be unlawfully bought, sold, provided or disclosed.
Article 7
This Municipality shall, in accordance with the nation’s overall arrangement, improve the operating mechanism for establishing a social credit system and the information aggregation function of the local credit information systems, and carry out the work of establishing a social credit system.
This Municipality shall cooperate with relevant state departments to complete credit information connectivity and sharing; shall establish mechanisms for regional cooperation on credit, to promote credit information sharing with other provinces (autonomous regions and central-government-administered municipalities) and mutual recognition of credit evaluations, and to strengthen joint inter-regional rewards and punishments on credit-related acts in key areas.
Chapter II Social Credit Information
Article 8
The social credit information in these Regulations means public credit information and market credit information.
Public credit information means the social credit information produced or acquired by such public information providing units as administrative organs, judicial organs, and public enterprises and institutions in their performance of duties or provision of services.
Market credit information means the social credit information produced, collected, or acquired by such market information providing units as credit service institutions and other enterprises and public institutions in the course of their production and operation activities.
Article 9
The municipal social credit administrative department shall comply with the principles of legality, prudence and necessity to organize the compilation of this Municipality’s social credit information catalog.
Items of discredit to be entered in the catalog include the following:
1. failing to pay taxes, social insurance premiums, administrative charges, or government funds that should be paid in accordance with law;
2. providing false materials, concealing the true situations, and doing damage to the social management order and public interests;
3. refusing to perform effective legal documents;
4. information of administrative punishments made in accordance with ordinary procedures, except where the unlawful conduct was slight or where the harm resulting from the unlawful conduct was proactively eliminated or abated;
5. being prohibited by supervisory and management departments from entering the market or an industry; and
6. other matters provided by laws, regulations or state provisions.
Where laws or regulations have made provisions for inclusion of unlawful matters in the catalog, other unlawful matters provided by the laws or regulations shall not be included in the catalog.
Article 10
Where a unit proposes to include relevant matters into this Municipality’s public credit information catalog, it shall give the reasons; where opinions about the inclusion of the proposed matters are divergent or may cause significant social impact, that unit shall also organize an assessment together with the municipal social credit administrative department and solicit opinions of representatives from relevant groups and experts.
After gathering the items the relevant unit has proposed to be included in the catalog, the municipal social credit administrative department shall make a draft social credit information catalog of this Municipality. The department shall publish the draft catalog to solicit opinions before issuing it in a timely manner upon approval by the deliberation and coordination institution.
Article 11
The Municipal Public Credit Information Service Center shall be responsible for building, operating and maintaining the Municipal Public Credit Information Service Platform. A public credit information providing unit shall, pursuant to the requirements of the municipal public credit information catalog, provide such information in a prompt, accurate and complete manner, and provide effective legal documents such as a court verdict, ruling, and administrative penalty decision, according to which that unit determines whether the information subjects have fulfilled their legal liabilities and contractual obligations. Any public credit information that is not included in the catalog shall not be aggregated on the Public Credit Information Service Platform.
The detailed procedures, standards and implementation measures of aggregating public credit information shall be formulated by the municipal social credit administrative department jointly with relevant departments, and be released to the public.
Article 12
The Municipal Credit Information Service Platform is the basic platform for this Municipality to establish a social credit system, serving as the hub for information connectivity, and connecting with the national credit information sharing platform and the credit information platforms of other provinces (autonomous regions and central-government-administered municipalities) so as to deliver a good performance in public credit information sharing, release and service.
Article 13
Enterprises, public institutions and industry associations may, in accordance with law, record social credit information they produce during their operations, or record the information of their staff members and business operators based on their management and service needs.
Information subjects are encouraged to provide social credit information about themselves to the Municipal Public Credit Information Service Platform, credit service institutions and trade associations in the forms of declarations, voluntary reports, and promises to society, and to ensure that their social credit information is lawful, truthful and complete.
The collecting of market credit information shall be conducted in a lawful manner under the principles of truthfulness, objectiveness and necessity, and where credit information is being solicited, the solicitation shall comply with the relevant laws and regulations.
Article 14
Where the collecting of market credit information involves personal information, it shall have the consent of the information subjects, except as otherwise disclosed in accordance with laws or administrative regulations.
Information on the income, savings, negotiable securities, commercial insurance, and real estate of a natural person shall not be collected, except as otherwise agreed in writing by the information subject who is clearly informed of the possible adverse consequences of providing such information.
Collecting of information on the religious faith, gene, fingerprints, blood type, diseases or medical history, and other personal information prohibited by laws or administrative regulations shall all be prohibited.
Article 15
The administrative organs shall promptly disclose information on enterprises as provided by the State and this Municipality. Enterprises shall proactively disclose relevant information through the Enterprise Credit Information System as provided by laws and regulations. Information included in the Enterprise Credit Information System shall be publicly disclosed for inquiry and use by any organization or individual, unless otherwise provided by laws and regulations.
Where the public credit information is categorized as government information subject to proactive disclosure, the administrative organs at all levels shall issue the information through government gazettes, press conferences, the Internet, newspapers, radio and television as provided by the State and this Municipality. The information that is disclosed upon application shall be provided in proper forms such as making copies and arranging for the applicant to browse and read relevant materials.
Article 16
The municipal social credit administrative department shall strengthen communication and coordination with judicial organs and central government units stationed in Shanghai, and promote opening and cooperation between the Municipal Public Credit Information Service Platform and related credit information systems such as the basic database of financial credit information, and promote the connectivity and sharing between the Municipal Public Credit Information Service Platform and such information systems as the Municipal Online Administrative Service Center, the Platform for Comprehensive Operational and Post-operational Oversight, and the Enterprise Credit Information System so as to satisfy the public’s practical needs.
This Municipality shall establish the connectivity and sharing mechanisms for public credit information and market credit information, and encourage administrative organs at all levels to cooperate with enterprises and public institutions in credit information, in order to achieve joint application of public and market credit information.
Article 17
Information subjects shall be entitled to inquiring about the social credit information about themselves.
Administrative and judicial organs may inquire about social credit information in accordance with law. Administrative organs shall abide by the principle of reasonable administration in making inquiries about social credit information, define the related social credit information items to inquire about according to their administrative needs, and make such items known to the public.
Without information subjects’ written authorization, no inquiries shall be made about their non-disclosure social credit information, except as otherwise provided for by laws and administrative regulations.
Article 18
The Municipal Public Credit Information Service Center shall formulate and publish their service standards, and reasonably set up credit information inquiry portals to provide convenient inquiry service for the public.
The Municipal Public Credit Information Service Platform and the Enterprise Credit Information System shall provide the public with convenient inquiry service through the Internet and mobile phone applications.
The municipal social credit administrative department shall strengthen cooperation with relevant departments to promote the setting up of comprehensive inquiry portals, and provide the public with convenient inquiry services in public credit information and the basic database of financial credit information.
Article 19
The administrative organs, the Municipal Public Credit Information Service Center and other enterprises and public institutions shall perform the following administrative duties in respect of information security:
1. establishing an administrative mechanism for information security and specifying the persons responsible;
2. establishing norms for the information inquiry system and specifying the scope of authority and the inquiry procedures for the unit’s staff;
3. establishing a confidentiality review system for information administration; and
4. complying with other state and municipal regulations on information security.
Article 20
The administrative organs, the Municipal Public Credit Information Service Center and other enterprises and public institutions as well as their staff shall be prohibited from the following acts:
1. inquiring about public credit information in excess of the authorization;
2. altering, falsifying or illegally deleting public credit information;
3. disclosing public credit information which they are not authorized to disclose;
4. disclosing public credit information related to state secrets, commercial secrets or personal information; and
5. other acts prohibited by laws and regulations.
Chapter III Credit Incentives and Constraints
Article 21
This Municipality shall establish inter-departmental, trans-industry and cross-regional mechanisms for joint social-credit incentives and punishments jointly with administrative organs, judicial organs and market players, creating an ethos in which the people who act on credit benefit while the people who act on discredit are restricted.
Article 22
The municipal social credit administrative department shall, in accordance with laws, regulations and relevant state provisions, draft an application list which lays out the specific items, implementation targets, implementation methods, implementation departments and implementation basis for joint incentives and punishments, and make them known to the public.
Article 23
This Municipality shall encourage the administrative organs at all levels, enterprises and public institutions, through inquiring about social credit information or buying credit information service, to identify, analyze and determine the credit status of information subjects, and implement differentiated management based on their credit ratings.
Article 24
The Municipal People’s Government and its departments may, as required by market supervision, social governance and public service, specify the standards for determining serious discredit acts according to the provided procedure, and shall solicit public opinions. Where serious discredit act standards are otherwise provided for by relevant state departments, such provisions shall prevail.
Article 25
The administrative organs may make a list of information subjects committing serious discredit acts according to the status of their acts.
An information subject who commits any of the following acts shall be included in the list of serious discredit acts:
1. acts of seriously damaging a natural person’s physical health and life;
2. acts of seriously disrupting the fair market competition order and normal social order;
3. serious acts of refusing to perform legal obligations when he/she has the ability to do so, or escaping the performance of legal obligations; and
4. acts of refusing to perform national defense duties, endangering national defense interests or destroying national defense facilities.
When an administrative organ publishes the list of information subjects of serious discredit, it shall also include the conditions for their names to enter or be removed from the list as well as ways for the subjects to receive relief. The subjects on the list of serious discredit shall be entitled to apply for relief.
Article 26
Market players are encouraged to make reference to or use the credit information, credit ratings and credit evaluation results in such economic activities as production, business and trade negotiations.
Market players are also encouraged to adopt such trading-cost-decreasing measures as preferential facilitation and greater trading opportunities for information subjects with a good credit, whereas they can adopt such trading-cost-increasing measures as cancelling the preferential treatment and raising the guarantee deposits for information subjects with a bad credit.
Financial institutions are encouraged to offer those with a good credit preferential treatment or facilitation measures in credit financing, interest rates and methods for repaying debts, whereas they are encouraged, according to credit risk pricing models, to adopt such measures against those with a bad credit as raising interest rates on loans and property insurance rates or restricting provision of services like loans, sponsorship, underwriting and insurance.
Article 27
The industry associations in this Municipality shall promote the establishment of industry credit management, and be encouraged to cooperate with credit service institutions to conduct credit grading and evaluation; and on the basis of the charters of associations of the industries, they shall adopt such reward measures as making recommendations or upgrading the membership status for information subjects with a good credit, and shall impose such punishments on information subjects with a bad credit as a warning within the industry, circulation of a notice of criticism, degradation of their membership status, and cancellation of their membership.
Article 28
The administrative organs at all levels shall inquire about credit information and purchase credit service as required by their performance of the following responsibilities:
1. granting of administrative permits, inspections, oversight, spot checks and decision to impose punishments involving a large amount of money;
2. government procurement, bid invitation and submission, financial and project support, state-owned land use right transfer, and scientific research management;
3. management of resident permits, management of urban residency permission, and handling of identity cards for applicants from other regions;
4. the recruitment, appointment and promotion of state functionaries;
5. commendations and rewards; and
6. other routine management work.
Other state departments and the organizations authorized by laws or regulations to administrate public affairs shall inquire about credit information and purchase credit service according to the preceding clause.
Article 29
To reward information subjects who have a good credit and comply with legally prescribed obligations and contractual obligations, an administrative organ may adopt the following incentive measures within the scope of its authority:
1. handling their cases early, simplifying the procedures and providing other facilitation services according to the actual situations in the course of granting them administrative permits;
2. listing them as prioritized candidates for financial and project support where other conditions are the same;
3. increasing their credit points or raising their credit ratings in public resource trading;
4. optimally reducing the number of inspections in the routine supervision and administration of the eligible subjects with a good credit; and
5. other measures that the State and this Municipality may adopt.
Article 30
To address relevant issues against information subjects with a bad credit who fail to comply with legally prescribed obligations and contractual obligations, the administrative organ may adopt the following punitive measures within the scope of its authority:
1. In the course of granting administrative permits and doing other work, if information subjects are listed as key targets of review, and such simplified procedures as a subject promising to conform to all the requirements shall not apply;
2. Placing certain restrictions on policy support such as financial funds;
3. Placing restrictions on their benefit from related facilitation measures in administrative management;
4. Lowering their credit points and credit ratings in public resource trading;
5. Listing them as key targets of supervision, increasing the frequency of supervision and strengthen on-site inspections in the routine supervision and administration; and
6. Other measures as provided by the State and this Municipality.
Article 31
The administrative organs shall, in strict compliance with laws and administrative regulations, take the following punitive measures against information subjects who commit serious discredit acts:
1. restricting their entry into relevant markets;
2. restricting their entry into relevant industries;
3. restricting their relevant professional qualifications;
4. restricting their relevant financial operations;
5. restricting their benefit from relevant public policies;
6. restricting their obtaining of relevant honors and titles; and
7. other measures provided by laws and administrative regulations.
Article 32
Where the administrative organs impose credit sanctions against information subjects, such sanctions shall be in line with the nature of the violation of law or an agreement, and the circumstances and the extent of its social harm, and shall not exceed the legally prescribed permissions or the category and type of the sanctions. The subjects shall be notified of the basis and reasons hereof.
Any credit punitive measure that is not published shall not be implemented.
Article 33
Where the information subject committing a serious discredit act is a legal entity or an unincorporated organization, its legal representative, main person in charge and other persons directly responsible for such an act shall be indicated when the discredit information of this unit is documented. The relevant organs may, in accordance with law, impose joint sanctions on the legal representative, the main person in charge and other persons directly responsible of this unit.
Chapter IV Protection of Information Subjects’ Rights and Interests
Article 34
Information subjects shall be entitled to be informed of the collecting and use of their own social credit information and of the sources of the information in their credit reports and the reasons for any change.
Natural persons shall be entitled to obtain credit reports twice for free from the institutions that aggregate and collect their social credit information. The provision of a natural person’s credit report shall indicate the use and inquiry of the credit information, except as otherwise provided for by laws and regulations.
Where relevant services are provided for an information subject, such services shall not be bound to the collecting of the subject’s personal social credit information, and no coercion or disguised coercion shall be used to force the subject to accept the binding.
Article 35
An application to the Municipal Public Credit Information Service Center and credit service institutions to inquire about the discredit information of a subject can be made within five years, except as otherwise provided for by laws, regulations and the State.
The time limit as prescribed in the preceding clause shall be calculated as of the date when the discredit act or event is terminated. Upon expiry of the time limit for discredit information inquiry, the Municipal Public Credit Information Service Center and credit service institutions shall not provide the inquiry service.
Article 36
Where information subjects consider that there are errors or omissions in aggregating, collecting, storing or providing their social credit information, and violations of their lawful rights and interests in commercial secrets, personal privacy and other personal information, they may submit their objection to the Municipal Public Credit Information Service Center or the credit service institutions.
Where an objection is submitted by an information subject to the Municipal Public Credit Information Service Center, the Center shall indicate such an objection within one working day from the date of receipt of the objection materials, and take the following steps:
1. The Center shall decide whether to make a correction within five working days from the date of receipt of the materials if the objection falls within the scope of the Center’s authority;
2. The Center shall transfer the objection materials to the credit information providing unit within two working days from the date of receipt of them if the objection falls within the scope of the providing unit’s authority; the unit shall then decide whether to make a correction and inform the Center within five working days from the date of receipt of the transferred materials. The Center shall then promptly notify the objection applicant of the results.
Where an objection is submitted by an information subject to a credit service institution, the institution shall indicate the objection within one working day from the date of receipt of the objection materials, decide whether to make a correction within seven working days and promptly notify in writing the applicant of the results and the source of the information. Where a decision of not making a correction is made, the reasons shall be provided.
Article 37
After the public credit information of a subject is aggregated to the Municipal Public Credit Information Service Platform, if the specific administrative acts that determine the discredit status is revoked by an administrative organ, or revoked on decision by a reconsideration department or on judgment by a People’s court, then the discredit information providing unit shall promptly notify the Municipal Public Credit Information Service Center in writing, which shall delete such information from the database within three working days of receipt of the notification.
Article 38
Where information subjects proactively perform their obligations, apply for extension of the period, or make explanations to reduce the losses and eliminate the adverse impact within the time limit of the discredit information inquiry, the discredit information providing unit may issue a written statement of credit restoration record to the Municipal Public Credit Information Service Center. The Municipal Public Credit Information Service Center shall then delete such discredit information from its inquiry interface within three working days of receipt of the statement.
Chapter V Regulating and Promoting the Development of the Credit Service Industry
Article 39
Relevant departments of the Municipal People’s Government shall formulate related policies to regulate and support the development of credit service institutions, assist them in actively participating in international cooperation and enhance their influence in the international community.
The credit service institution has collected within the Chinese mainland shall be sorted, stored and processed within the Chinese mainland. Provision of credit information to an organization or individual outside the Chinese mainland shall comply with the laws and administrative regulations.
The special funds set up by this Municipality for establishing social credit systems shall be used to support the development of the credit service industry.
Article 40
The collecting and processing of social credit information and the provision of credit products by credit service institutions shall abide by the principles of objectivity, impartiality and prudence and shall be supervised in accordance with law.
The credit service institutions shall be obliged to keep confidential state secrets, commercial secrets, personal privacy, and other personal information accessed in the course of their work. National security, public safety and public interests shall not be compromised, and the lawful rights and interests of the information subjects shall not be damaged.
Article 41
The fees for the use of credit reports by administrative organs at all levels incurred from such activities as government procurement, bid invitation and submission, fund support, human resources management and project management shall not be borne by the information subjects.
This Municipality shall encourage the introduction of credit service institutions into key industry management so that they can participate in credit supervision, provide the service of basic social credit information inquiry and reviewing for the industry to establish credit archives, files and qualifications for market access, and to provide monitoring reports on the credit status of the industry.
Article 42
This Municipality shall support credit service institutions to use big data and other technologies to develop credit products with their own intellectual property rights, expand the scope of credit applications, and meet the demand for social and administrative application.
This Municipality shall encourage the pilot innovation zones and industrial parks to introduce credit service institutions so as to provide customized credit products and services for the zone and park administration as well as the enterprises therein.
Article 43
The association of the credit industry shall strengthen industry self-disciplinary management, organize the formulation and implementation of the industry norms, prepare statistical reports on the industry, and conduct such work as publicity, training, policy recommendations and industry information release so as to improve the industry’s service capabilities and credibility.
Article 44
This Municipality shall support colleges and universities to establish majors in credit management to train credit service specialists, and support credit service institutions to introduce high-level specialists from home and abroad.
Chapter VI Social Credit Environment Construction
Article 45
The state organs at all levels of this Municipality shall reinforce the restraint and oversight mechanisms for the exercise of power, strengthen their own credit construction and credit education for their staff, and create a credit archive system for state functionaries. The state functionaries in this Municipality shall act in accordance with the law and in good faith, and become a role model in the process of social credit construction.
Article 46
The administrative organs at all levels of this Municipality shall perfect the decision-making mechanism and procedures to increase decision transparency; and shall fulfill policy commitments and perform contractual obligations in accordance with the law. The performance of the commitments made in the national economic and social development plans and government work reports shall be used as an important indicator to evaluate the integrity of the governments.
This Municipality shall establish and improve the integrity record in government affairs, and accurately record the integrity performance of administrative organs at all levels. The municipal and district people’s governments shall carry out regular administrative integrity supervision and inspection on People’s governments at lower levels and organs they dispatch, and evaluate the integrity of the lower-level governments and the organs, with the evaluation results as important indicators of their performance.
The judicial organs at all levels in this Municipality shall make their judicial work more scientific, institutionalized and standardized, promote judicial openness, and administer justice in a rigorous and impartial manner so as to uphold fairness and justice.
Article 47
This Municipality shall formulate plans for integrity education, carry out education of social conscience, professional ethics, family virtues and personal morality.
The education department shall, in combination with the ideological education courses for students, offer students integrity education by organizing the compilation of teaching materials that suit the characteristics of students of different ages.
Article 48
The relevant departments of this Municipality shall, in the light of the selection of spiritual civilization models and moral models as well as the integrity promotion activities in various industries, set examples of integrity, and carry forward both the tradition of honesty and integrity and the modern contractual spirit.
The media are encouraged to publicize models of honesty and integrity, and report and disclose various discredit acts and incidents.
The media in this Municipality such as newspapers, radio and television shall increase the publicity of honesty and integrity in their public service advertisements.
Chapter VII Legal Liability
Article 49
Where there are provisions otherwise in laws and administrative regulations on how to deal with the acts that go against these Regulations, such provisions shall prevail.
Article 50
During the process of collecting and using social credit information and implementing the credit incentive and restrictive measures, if the staff members of enterprises and public institutions authorized by administrative organs, laws or regulations to administer public affairs are involved in abuse of power, dereliction of duties, or practice of favoritism and irregularities in violation of these Regulations, they shall be subject to administrative punishments by competent organs based on the seriousness of their violation; if any of the aforesaid acts constitutes a crime, the violator shall be prosecuted for criminal liability in accordance with law.
Where the administrative organs and their working staff fail to perform the obligations provided in Article 9, 10, 11 or 17 of these Regulations, they shall be interviewed by a higher department in charge or the municipal social credit administrative department in accordance with their administrative authority, and shall, depending on the seriousness of the case, be ordered to make corrections, warned or criticized by circulating notices.
Article 51
Where the Municipal Public Credit Information Service Center violates the provisions of Article 17 of these Regulations by failing to perform its verification duty or by making external inquiries in violation of these Regulations, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed on it by the municipal social credit administrative department.
Where the administrative organs, the Municipal Public Credit Information Service Center or other enterprises and public institutions violate Article 19 of these Regulations, the competent department for information security shall order them to make corrections within a prescribed time limit and punish them in accordance with relevant administrative provisions.
Where the Municipal Public Credit Information Service Center or credit service institutions violate Article 36, 37 or 38 of these Regulations, the municipal social credit administrative department shall order them to make corrections within a prescribed time limit; where they refuse to do so, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed on it.
Where subjects and ways of punishment are otherwise provided in laws and administrative regulations, such provisions shall prevail.
Article 52
Where the Municipal Public Credit Information Service Center or enterprises and public institutions infringe on the lawful rights and interests of an information subject in collecting, aggregating and using social credit information, they shall bear the corresponding civil liability in accordance with the law.
Article 53
Whoever illegally acquires, steals, provides, or sells a person’s social credit information against state provisions, if a violation of public security administration is constituted, shall be subject to public security administration punishment in accordance with the law; and if a crime is constituted, shall be prosecuted for criminal liability in accordance with the law.
Chapter VIII Supplementary Provisions
Article 54
The credit service institution in these Regulations means a professional service institution which is lawfully established to provide the public with credit products and engage in the business of credit consultation and credit risk control.
Article 55
The Municipal People’s Government may formulate specific implementation procedures according to relevant provisions of these Regulations.
Article 56
These Regulations shall be effective as of October 1, 2017.
