Mid year review of important credit policy and system documents for the first half of 2023
As 2023 approaches the halfway point, the construction of the social credit system continues. Under the leadership of the Party Central Committee and The State Council, important policy documents have been issued to promote the high-quality development of the construction of the social credit system。
Credit construction steadily moves forward in opportunities and challenges, and the source point credit combing forms a compilation of credit policies in the first half of the year, resonating with the pace of credit construction。
CPC Central Committee and State Council
The report of the Party's 20th National Congress included social credit in the overall deployment of the basic system of the market economy, and profoundly pointed out that we should improve the basic system of the market economy such as social credit and optimize the business environment. Carry forward the integrity culture and improve the long-term mechanism of integrity construction. Since this year, a series of top-level designs have been introduced。
Opinions on Strengthening Soil and Water Conservation in the New Era General Office of the CPC Central Committee General Office of the State Council
The "Opinions" proposed the establishment of a new regulatory mechanism based on remote sensing supervision as a basic means, key supervision as a supplement, and credit supervision. We will comprehensively implement credit evaluation for soil and water conservation。
General Office of the CPC Central Committee and General Office of the State Council
The Outline proposes to speed up the construction of a whole-process coverage and efficient operation of agricultural products and food safety supervision system, strengthen the quality and safety supervision of credit and wisdom, and improve the quality and safety level of the entire chain of agricultural products and food. Improve the "double random, one open" supervision and "Internet + supervision" as the basic means, supplemented by key supervision, credit supervision as the basis of a new regulatory mechanism。
Opinions on Comprehensively Promoting the Key Work of Rural Revitalization in 2023, General Office of the CPC Central Committee, General Office of the State Council
The "Opinions" proposed to guide the credit guarantee business to the agricultural and rural areas, and give play to the role of the national agricultural credit guarantee system. Strengthen agricultural credit information sharing。
Opinions on Further Strengthening Financial and Accounting Supervision, General Office of the CPC Central Committee, General Office of the State Council
The Opinions emphasize strengthening the construction of industry integrity, improving the industry integrity archives, and running the requirements of integrity construction through all links of industry management and service work. Further strengthen the self-regulation of the industry, use credit records, warnings, public exposure and other measures to increase punishment, improve the handling mechanism for complaints, reports, media doubts, etc., and promote the standardization of financial and accounting business。
Guiding Opinions on In-depth Promotion of cross-departmental Comprehensive Supervision, General Office of the State Council
The "Opinions" proposed that according to the attributes and risk characteristics of cross-departmental comprehensive supervision objects, actively explore credit supervision models that meet the needs of industry supervision, and give full play to the important role of credit supervision in allocating regulatory resources, preventing and resolving risks. The competent departments of the industry shall, together with the relevant regulatory departments, establish and improve the credit evaluation index system of cross-departmental comprehensive regulatory matters, and clarify the classification standards and corresponding collaborative regulatory measures. In the process of registration, qualification review, daily supervision, public services, law enforcement and case handling, the relevant departments should accurately and comprehensively record the credit behavior of market players and collect and share credit information in a timely manner. Where violations of law and dishonesty are found, the relevant departments shall be notified in a timely manner, and punishments for dishonesty shall be carried out according to lawImplementation Opinions on Strengthening the Regular Supervision of the Use of Medical Security Funds General Office of the State Council。
Implementation Opinions on Strengthening the Regular Supervision of the Use of Medical Security Funds General Office of the State Council
The Opinions propose to promote the credit classification and management of designated medical institutions, medical enterprises, and personnel, explore the establishment of a medical insurance fund supervision and notification commitment system, incorporate the performance of commitments into credit records, link it with the frequency of supervision and inspection, punishment discretion, etc., and promote designated medical institutions to standardize the use of medical insurance funds through self-examination and self-correction, and take the initiative to fulfill the main responsibility of the use of medical insurance funds. According to the credit rating, the untrustworthy designated medical institutions can take disciplinary measures in terms of fund settlement through agreement management; The relevant responsible personnel may suspend the eligibility of medical insurance payment in accordance with the medical insurance agreement; For dishonest pharmaceutical enterprises, measures can be taken in terms of access to medical insurance catalogue, credit evaluation of price recruitment, centralized pharmaceutical procurement, network qualification, etc.; For the dishonest insured persons, measures such as suspension of network settlement of medical expenses can be taken according to regulations. Strengthen cross-industry, cross-field and cross-department joint incentives for trustworthiness and joint punishments for dishonesty, and explore the establishment of mechanisms for credit repair and dissent complaints. Encourage industry associations to carry out industry norms and self-discipline construction, and promote industry norms and self-restraint。
"Double lead" departments
The National Development and Reform Commission and the People's Bank of China, as the "double leading" departments in the construction of the social credit system, play a crucial role in the social credit system, and a series of policy documents have pointed out the direction for the credit work in various fields and links。
Measures for the Management of Credit Information Repair after the Rectification of Dishonest Behavior (Trial), National Development and Reform Commission
The Measures put forward that credit subjects enjoy the right to repair credit information in accordance with the law. In addition to laws, regulations and the policy documents of the Party Central Committee and The State Council clearly stipulate that it is not repairable, credit subjects that meet the relevant conditions can apply for credit information repair as required。
Notice on the Special Management of Serious illegal and dishonest Behaviors of "Repeated prohibition and Repeated punishment without change" National Development and Reform Commission
The special governance targets two types of subjects: first, market subjects that have been included in the "list of persons subject to enforcement of dishonesty" by the People's Court more than 10 times in the past three years; Second, market entities that have received more than 10 administrative penalties in the past three years, and the National Development and Reform Commission organized the leading departments of the construction of the social credit system at all levels to carry out the special management work of serious illegal and dishonest behaviors of "repeated bans and repeated penalties。
Notice on Improving the Guarantee System of Bidding and Tendering Transactions to Further Reduce the Cost of Bidding and Tendering Transactions, National Development and Reform Commission
The "Notice" proposed that tenderers should be encouraged to give preferential treatment to bidders with no record of breach of trust, small and medium-sized enterprises or good credit records. Strengthen credit supervision of banks, guarantee institutions and insurance institutions in accordance with laws and regulations, strictly prevent and punish illegal and dishonest acts of transaction guarantee according to law。
List of Business Service Fees Set by the Government (2023 edition), National Development and Reform Commission
The "List" defines five types of centrally priced operation service charges, including "commercial banks' basic service charges, bank card swiping fees", credit service charges, telecommunications network and Internet network settlement prices, civil aviation monopoly link service charges, and "coastal, Yangtze River trunk main ports and all other ports open to the outside world service charges。
National Development and Reform Commission (2023-2025), Implementation Plan for the Integration of Production and Education in Vocational Education
The "Implementation plan" proposes to increase credit policy support. Increase the integration of industry and education enterprise credit information collection efforts, carry out industry credit evaluation, for enterprises with good evaluation results, reduce the frequency of inspection in routine inspections and special spot checks, give priority to or facilitate listing financing, government financial support, industrial support policies, commendation, government affairs handling, and centralized publicity through the "Credit China" website。
Hengqin Guangdong-Macao Deep Cooperation Zone Encouraged Industry Catalog, National Development and Reform Commission
The coverage of the "Industry catalog" not only focuses on the four major areas to further refine industrial categories, but also includes "credit rating" and "enterprise credit information services" as encouraged industries。
Improve the business environment
The state attaches great importance to the construction of a market-oriented and law-based international business environment, and has introduced a series of targeted policies and measures this year, and achieved positive results in optimizing the business environment。
Notice on Further Doing the pilot work of Joint Credit Granting China Banking and Insurance Regulatory Commission
The Notice proposes that if the China Banking Association and local banking associations find that an enterprise has maliciously evaded or canceled financial debts, they should promptly initiate a risk early warning mechanism, inform the member units of the relevant information, notify the member units to take timely measures to preserve assets, require the enterprise to correct within a time limit, and share information with the relevant national credit information platform through appropriate forms. Enterprises that evade and cancel financial debts shall be punished for breaking their trust。
The General Administration of Market Supervision
"Action" proposes to deploy and carry out a year and a half of enterprise credit supervision data quality comprehensive improvement action, focusing on comprehensive, accurate, complete and timely data, consolidate the foundation of credit supervision work, and continue to improve the new credit-based supervision mechanism。
"Serious illegal and dishonest List and Administrative punishment publicity information Credit repair management procedures Provisions (trial)" General Administration of Market Supervision
The State Administration of Market Regulation has handled the credit repair applications of relevant business entities in accordance with the Provisions, and issued credit repair guidelines and credit repair applications, letter of commitment, letter of delivery address confirmation and other sample credit repair application documents through the website of the State Administration of Market Regulation, to provide guidance for business entities to apply for credit repair, help business entities to rebuild credit, improve credit level and market competitiveness。
Key areas
In 2023, the credit construction in key areas has been continuously deepened, and guidance documents in many fields such as intellectual property, medical beauty, housekeeping, and tourism have been issued so far。
Opinions on Accelerating the High-quality Development of Intellectual Property Service Industry, 17 departments including the State Intellectual Property Office
The Opinions proposed to deepen credit supervision, implement credit evaluation of intellectual property services, and improve the credit joint punishment and incentive mechanism. Strengthen the disclosure of information related to the operation, quality and credit of intellectual property service institutions and employees. Strengthen credit linkage and the application of evaluation results, and promote the implementation of hierarchical and classified management。
Action Plan for Promoting High-quality Development of hot metal Combined Transport (2023-2025) Ministry of Transport, Natural Resources, General Administration of Customs, National Railway Administration and other departments
The Plan proposes to implement a flexible railway price adjustment strategy and freight settlement mode, and give a certain settlement period to units with good credit。
Do a good job in the Credit Evaluation of Highway Construction Market in 2022, Ministry of Transport
The "Work" requires that the credit evaluation management work be unified and responsible at different levels, and the provincial transportation authorities shall strictly carry out the annual credit evaluation work for highway design, construction and supervision enterprises and supervision engineers with employment records in 2022 in accordance with the relevant rules (methods) of the Ministry of Highway design, construction and supervision。
The "List" consists of six aspects: business categories, application matters, business links, credit classification, credit supervision measures and legal and policy bases。
"Further regulating the Use of seat belts for Tourist Passenger Transport to Ensure the safety of Tourists" Ministry of Culture and Tourism, Ministry of Public Security, Ministry of Transport
"Work" clearly, the credit management and administrative penalties will be coordinated to promote, according to law and regulations to carry out the identification of the main body of credit failure。
"Notice on Continuously Strengthening the management of arbitrary charges by industry associations and Chambers of Commerce to Effectively Help Market entities Reduce the burden of Relief" Ministry of Civil Affairs
The "Notice" proposes to continue to promote the industry association Chamber of Commerce to further improve the corporate governance structure, establish and improve the internal management and supervision mechanism of charges, strictly restrict the charging behavior, increase the disclosure of charging information through the "credit China" website or its own portal website, wechat public number and other channels, and consciously accept social supervision. The discovery of illegal charges of industry associations and chambers of commerce shall be dealt with by classification, those belonging to the scope of supervision responsibilities of other departments shall be handed over in time and strengthen tracking and supervision, and those belonging to the scope of civil supervision shall be comprehensively applied administrative penalties, credit punishment, public exposure, annual inspection and downgrading, evaluation and downgrade, and other measures shall be further increased。
2023 National Intellectual Property Administrative Protection Work Program, State Intellectual Property Office
It is clear that the implementation level of administrative rulings on patent infringement should be improved, and measures such as administrative penalties, joint punishment, and credit supervision should be implemented. Strengthen credit supervision and policy constraints on units and individuals that submit abnormal patent applications. Strictly implement the provisions on intellectual property credit management, and carry out the identification and punishment of dishonesty according to law and regulations. We will promote credit-based graded and classified supervision in the field of intellectual property, focusing on strengthening credit supervision over abnormal patent applications and trademark squatting。
Notice on building a National Geological Exploration Industry Supervision and Service Platform "General Office of the Ministry of Natural Resources
The "Notice" proposed that in geological exploration, geological disaster prevention, ecological protection and restoration related to financial projects bidding, government procurement, project commissioning and other work, should be through the supervision service platform to query the credit information of geological exploration units, units that are listed in the abnormal list should be restricted, and units that are listed in the list of serious untrustworthy entities should be banned。
Notice on Accelerating the Integrated Development of Urban and Rural Road Passenger Transport and Tourism, General Office of the Ministry of Transport, Ministry of Culture and Ministry of Tourism
The "Notice" proposed that the local transport, culture and tourism departments should strengthen the joint supervision of passenger transport and tourism markets, actively achieve the key supervision and accurate supervision of passenger transport enterprises and travel agencies through credit classification, and set up the "red and black list" of the passenger transport and tourism industry。
"CPA Industry Integrity Construction Outline" Ministry of Finance
The Outline clearly strengthens the application of the results of credit rating evaluation, and pushes the results of industry credit rating evaluation to relevant government departments, financial institutions, state-owned enterprises, industry associations and chambers of commerce and relevant market entities as an important reference basis for administrative licensing, credit supervision, government procurement, evaluation and excellence, qualification rating, tax credit evaluation, and audit institution bidding。
Opinions on Promoting High-quality Development of Online Tourism Market, Ministry of Culture and Tourism
The "Opinions" stressed that strengthening and improving credit supervision, implementing management measures for dishonest subjects in accordance with laws and regulations, and strengthening the deterrent effect of credit supervision. To organize and carry out enterprise credit evaluation and promote graded and classified supervision. Online tourism operators are encouraged to take the initiative to make credit commitments to the society, and the trustworthy situation is included in the quality rating. Strengthen the construction of integrity culture in the online tourism industry and establish a number of typical enterprises with integrity. Support online tourism operators to participate in the pilot work of "credit economy" development, and give play to the data advantages of online tourism platforms。
"Guidance on Further Strengthening the supervision of the Medical beauty industry" State Administration for Market Supervision and Administration and other eleven departments
The "Opinions" stressed that we should vigorously promote credit supervision and punishment for breach of trust in medical beauty institutions, do a good job in the collection and publicity of administrative permission and administrative punishment information for market players in the medical beauty industry, and give full play to the important role of credit supervision in allocating regulatory resources, preventing and resolving risks。
Key points to correct Improper practices in the field of Pharmaceutical purchasing and Marketing and Medical Services in 2023, National Health Commission
"Key points" stressed that further strengthen the sharing of information with relevant departments, according to the judicial organs and administrative departments identified pharmaceutical commercial bribery, monopoly and other case facts, assess the level of pharmaceutical enterprises' dishonesty, take credit risk warnings, restrictions on the network and other disposal constraints of different degrees, and play a guiding and restrictive role in the pharmaceutical centralized procurement market。
Key Points for the construction of the Credit System in 2023, General Office of the Ministry of Housing and Urban-Rural Development
The "Key Points of Work" proposed to accelerate the construction of the credit system system, strengthen the construction of credit information management infrastructure, promote the construction of the credit system, help optimize the business environment, and establish and improve a new regulatory mechanism based on credit supervision。
"Promoting the quality and expansion of Domestic Service Industry in 2023 work points" Ministry of Commerce, National Development and Reform Commission
The "Key Points of Work" implemented 25 specific measures from six aspects to promote the quality and expansion of the domestic service industry. First, improve the professional quality of employees. Second, we will strengthen government supervision and industry self-discipline. Third, build a platform for connecting supply and demand. Fourth, actively promote home economics into the community. Fifth, we will improve the level of protection for employees. Sixth, we implemented policies to assist enterprises。
"Electric Power Industry Public Credit Comprehensive Evaluation Standards (Trial)" National Energy Administration
The "Standard" pointed out that the comprehensive evaluation indicators of public credit in the power industry are divided into three levels: six first-level indicators, mainly including judicial rulings, industry supervision, business integrity, operating conditions, development and innovation and trustworthy incentives, 16 second-level indicators, and 46 third-level indicators。
Measures for the Administration of Patent Agency Credit Evaluation (Trial Implementation) State Intellectual Property Office
From the aspects of credit rating evaluation, publicity, inquiry, objection and credit repair of credit information, as well as the application of results, the Measures make corresponding provisions for the credit rating and grade evaluation of the practicing credit status of patent agencies and patent agents engaged in patent agency services。
Measures for the Administration of Internet Advertising, General Administration of Market Supervision
The Measures require that the use of the Internet to engage in advertising activities should comply with laws and regulations, honesty and credit, and fair competition. The Measures propose that the administrative penalty decision made by the market supervision and administration department in accordance with the advertising Law and the provisions of these Measures shall be publicized to the public through the national enterprise credit information publicity system in accordance with the law; Those with bad nature, serious circumstances and greater social harm shall be included in the list of serious illegal and dishonest acts in accordance with the relevant provisions of the Measures for the Administration of the List of Serious illegal and dishonest Acts of Market Supervision and Administration。
Local credit legislation
At the national level, the "legislative project for the development of social credit law" was included in the legislative plan or legislative work plan for the fourth consecutive year. Twenty-four localities, including Shanghai, Hebei, Zhejiang, Shandong, Henan, Hubei, Shaanxi, Tianjin, Guangdong, Inner Mongolia, Qinghai, Chongqing, Jiangsu, Jilin, Hainan, Jiangxi, Gansu, Shanxi, Hunan, Heilongjiang, Liaoning, Yunnan, Guizhou and Guangxi, have issued provincial-level local laws and regulations on social credit. Thirteen municipalities, including Shenzhen, Ningbo, Hangzhou, Xingtai, Karamay, Shanwei, Taizhou, Dalian, Harbin, Nanjing, Xiamen Special Economic Zone, Suqian and Taizhou, have promulgated regulations on social credit at the municipal level. In addition, more than 10 provinces and municipalities, including Beijing, Sichuan and Anhui, have submitted them for deliberation or included them in their legislative plans。
Source point review | the latest progress of local credit legislation
Peroration
2023 is the year of the "14th Five-Year Plan", and it is also a key year for the construction of a social credit system。
At present, all localities are actively carrying out the construction of the social credit system, and have successively issued the "Key points for the construction of the social credit system in 2023", which focus on improving the government's governance capacity, supporting the development of the real economy, expanding the application of credit scenarios, creating a good credit environment, and serving the continuous improvement of the basic system of the market economy. At the same time, the state is formulating the Law on the Construction of the Social Credit System, and the construction of the social credit system has entered the road of legalization and standardization。