Notice of Guangzhou Huangpu District Development and Reform Bureau, Guangzhou Development District Development and Reform Bureau, Guangzhou Huangpu District Administration for Market Regulation, and Guangzhou Development District Administration for Market Regulation on the Issuance of the Measures for the Administration of Comprehensive Evaluation of Public Credit of Enterprises in Huangpu District and Guangzhou Development District

Updated : 2022-10-27

Sui Pu Fa Gai Gui Zi [2022] No 1

To all sub-districts and towns of Huangpu district, all departments subordinate to Huangpu district people's government, and all departments directly subordinate to Guangzhou development district administrative committee:

The Measures for the Administration of Comprehensive Evaluation of Public Credit of Enterprises in Huangpu District and Guangzhou Development District have been issued for your due implementation upon approval by Huangpu district people's government and Guangzhou Development District administrative committee. Problems encountered during the course of implementation should be reported to the district-level development and reform bureau and the district-level administration for market regulation.

Guangzhou Huangpu District Development and Reform Bureau

Guangzhou Development District Development and Reform Bureau

Guangzhou Huangpu District Administration for Market Regulation

Guangzhou Development District Administration for Market Regulation

Oct 10, 2022

Measures for the Administration of Comprehensive Evaluation of Public Credit of Enterprises in Huangpu District and Guangzhou Development District

Chapter I General Provisions

Article 1 To thoroughly advance the construction of the social credit system, accelerate the establishment of a sound new credit-based supervision mechanism, improve the regulatory effectiveness of the government, enhance the credit consciousness of enterprises, and foster a creditable social environment, These measures are hereby formulated in consideration of the realities in this district and in accordance with such policies and regulations as the Opinions on Advancing the High-quality Development of the Construction of the Social Credit System in Furtherance of the Shaping of a New Development Pattern issued by the General Office of the CPC Central Committee and the General Office of the State Council, the Guiding Opinions on Accelerating the Building of a Social Credit System to Establish a New Credit-based Supervision Mechanism of the General Office of the State Council (Guo Ban Fa [2019] No 35), Regulations on Social Credit of the Guangdong Province, and Regulations of Guangzhou on Improving the Business Environment.

Article 2 These measures apply to enterprises with a registered domicile falling within the jurisdiction of Guangzhou Huangpu district, Guangzhou development district, or industrial parks governed by them or affiliated to them (hereinafter referred to as "this district" for short), including corporations, non-corporate legal persons, and their subsidiaries, as well as individually-owned enterprises, partnership enterprises, and their subsidiaries. These measures also apply mutatis mutandis to the comprehensive evaluation of public credit of individual industrial and commercial proprietors.

Article 3 These measures apply to the comprehensive evaluation of public credit of enterprises in this district, the use of such evaluation results, and relevant management activities.

Article 4 The comprehensive evaluation of public credit of enterprises mentioned in these measures refers to a holistic evaluation of the public credit status of an enterprise using such technologies as the internet and big data and according to the indicators for comprehensive evaluation of public credit of enterprises, based on the enterprise public credit information collected by the Public Credit Information Platform of Huangpu District and Guangzhou Development District and Enterprise Credit Information Platform of Huangpu District and Guangzhou Development District (hereinafter referred to as the district credit platform).

Article 5 The district-level department for development and reform is the competent authority for social credit in this district (hereinafter referred to as the district social credit authority), which shall be responsible for planning, coordinating, guiding, and supervising work related to comprehensive evaluation of public credit of enterprises, clearly defining evaluation principles, indicators, and methods, releasing results of comprehensive evaluation of public credit of enterprises in conjunction with the district-level administration for market regulation, and take charge of organizing the implementation of These measures.

The district administration for market regulation is the leading department for work related to enterprise information collection and public disclosure, which shall jointly build a system of indicators for comprehensive evaluation of public credit of enterprises with the district social credit authority. It shall take charge of planning and coordinating work related to the supervision of enterprise credit grading and classification.

Relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations shall, pursuant to their own duties, cooperate with each other to do a good job in comprehensive evaluation of public credit of enterprises, timely collect and submit enterprise public credit information, and conducting credit supervision by comprehensively utilizing results of comprehensive evaluation of public credit of enterprises and that of industrial credit evaluation.

Relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations may, with reference to these measures, formulate measures or administrative documents for industrial credit evaluation in specific fields or regarding specific administrative matters in consideration of the realities in relevant fields.

Article 6 The comprehensive evaluation of public credit of enterprises shall abide by the principles of scientific and reasonable approach, objectivity and fairness, classified implementation, and coordinated application. The evaluation results shall only serve as the basis for administrative authorities and organizations authorized with public affairs management functions by laws and regulations to fulfill their duties and provide services.

Chapter II Methods and Content of Comprehensive Evaluation of Public Credit of Enterprises

Article 7 The comprehensive evaluation of public credit of enterprises is based on six dimensions, namely, administrative management, judicial matters, organization evaluation, business operation capacity, performance of contracts and agreements, and corporate social responsibility. A quantitative evaluation shall be conducted according to the indicators for comprehensive evaluation of public credit of enterprises, with a model algorithm adopted to automatically and comprehensively calculate scores and achieve live updates.

Article 8 The indicators for comprehensive evaluation of public credit of enterprises shall otherwise be formulated by the district social credit authority and the district administration for market regulation in conjunction with relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations, which may be updated as per the needs of relevant work and implemented upon submission to and approval by the district people's government.

Article 9 Credit enhancement information such as qualification assessments, intellectual property rights, talents, and public welfare and charity spontaneously submitted to the district credit platform by enterprises may serve as the basis for comprehensive evaluation of public credit of enterprises upon confirmation by relevant government departments.

Article 10 The results of comprehensive evaluation of public credit of enterprises are classified into the following four grades:

(1) Grade A: The enterprise has many honors and records of good faith and no poor credit records in principle, with extremely low credit risk.

(2) Grade B: The enterprise has little or no honors and records of good faith as well as poor credit records, with low credit risk.

(3) The enterprise has little or no honors and records of good faith and has a number of poor credit records in multiple fields that significantly exceed the average level of enterprises in the same industry, with high credit risk.

(4) The enterprise has records of serious dishonest behaviors and has been included in the list of entities with serious dishonest behaviors in accordance with laws and regulations; it has had its business license revoked; it has committed other serious dishonest acts with a severe negative impact on society, as stipulated by laws, regulations, and rules.

Chapter III The Application of Results of Comprehensive Evaluation of Public Credit of Enterprises

Article 11 The sharing of results of comprehensive evaluation of public credit of enterprises among relevant departments of the district people's government shall be achieved relying on the District Government Affairs Information Sharing Platform in accordance with the Regulations of Guangzhou Municipality on the Management of Government Affairs Information Sharing.

Article 12 The results of comprehensive evaluation of public credit of enterprises may be made public according to law pursuant to Regulations on Social Credit of the Guangdong Province:

(1) The evaluated enterprise may access information related to the results of comprehensive evaluation of public credit of itself;

(2) With the authorization and consent of the evaluated enterprise, a third party may apply to the district social credit authority for access to information related to the results of comprehensive evaluation of public credit of the evaluated enterprise;

(3) For private credit information service agencies and other market credit service agencies and financial institutions established according to law applying to access information related to the results of comprehensive evaluation of public credit of evaluated enterprises in batches upon obtaining authorization from the evaluated enterprises and agreeing upon the uses of such information, the district social credit authority shall verify the conditions of the applicant and negotiate with the applicant regarding such matters as the scope of access, the way of application, and the purpose of the information, with service provided only after signing a non-disclosure agreement.

No charge shall be collected for the access service provided, while specific methods for access shall otherwise be stipulated and released by the district social credit authority.

Article 13 Relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations, when carrying out the following work, shall access and use the results of comprehensive evaluation of public credit of enterprises in accordance with the needs for performing their duties and take such results as the prerequisites or basis for reference for them to conduct administrative management according to law.

(1) Administrative permits, qualification assessments, transfer of State-owned land, government procurement, tendering for government-invested projects, fiscal funding support, allocation of dedicated funds, commendations and incentives, and the like;

(2) Supervision and management in such fields as environmental protection, work safety, project construction, transportation, intellectual property rights, product quality, food and drug administration, healthcare, social security, education and scientific research, human resource, commercial circulation, equity investment, and loan guarantee;

(3) Other matters requiring the access to or the use of results of comprehensive evaluation of public credit of enterprises.

Article 14 Relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations shall reasonably determine the frequency of supervision of enterprises with different credit ratings in accordance with the results of comprehensive evaluation of public credit of enterprises; when establishing mechanisms for graded and classified supervision in relevant fields, they may integrate the results of comprehensive evaluation of public credit of enterprises into evaluation indicators for grading and classification, adopting differentiated supervision measures according to credit ratings.

Article 15 Relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations shall take the initiative to log on to the district credit platform to access results of comprehensive evaluation of public credit of enterprises, and define the authority of personnel in the organization with access to the platform and the access procedure for them.

The district credit platform may, by means of service interfaces, provide access and sharing services for results of comprehensive evaluation of public credit of enterprises to the internal transaction system of administrative authorities and organizations authorized with public affairs management functions by laws and regulations.

Chapter IV Incentives for Good Faith and Penalties for Poor Credit

Article 16 For Grade A enterprises in comprehensive evaluation of public credit, relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations may adopt the following incentive measures:

(1) Offering such convenience measures as priority in handling, simplified procedure, and approval based on trust in the process of administrative management or public service;

(2) Giving priority in the consideration for preferential policies from the government such as enterprise qualification assessment and selection, competitive selection for implementation of policies, and incentives to encourage investment, provided that the enterprise has the same qualifications as the competitors;

(3) Granting credit-based bonus scores and elevating credit grading in such activities as tendering for government-invested projects;

(4) Optimizing inspection methods or reducing inspection frequency during routine supervision and management and special inspections;

(5) Giving publicity on the district credit platform or relevant media;

(6) Other incentive measures stipulated by the State, province, municipality, or district.

Article 17 For Grade B enterprises in comprehensive evaluation of public credit, relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations may adopt the following incentive measures:

(1) Offering such convenience measures as approval based on trust in the process of administrative management or public service;

(2) Optimizing inspection methods or reducing inspection frequency during routine supervision and management and special inspections;

(3) Other incentive measures stipulated by the State, province, municipality, or district.

Article 18 For Grade C enterprises in comprehensive evaluation of public credit, relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations shall adopt the following penalty measures according to law:

(1) Listing the enterprise as a key verification target in such work as issuing administrative permits, qualification assessment, annual inspection verification, and application for fiscal funding support projects, and subjecting it to cautious consideration during administrative permit, implementation of policies, and project approval and verification;

(2) Listing the enterprise as a key supervision target and increase inspection frequency during routine supervision and management;

(3) Other penalty measures stipulated by the State, province, or municipality.

Article 19 For Grade D enterprises in comprehensive evaluation of public credit, relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations shall adopt the following penalty measures according to law:

(1) Listing the enterprise as a key verification target in such work as issuing administrative permits, qualification assessment, and annual inspection verification, and subjecting it to cautious consideration during administrative permit and project approval and verification;

(2) Listing the enterprise as a key supervision target and increase inspection frequency during routine supervision and management;

(3) Restricting the enterprise from enjoying administrative convenience measures such as approval based on trust;

(4) Banning the enterprise from enjoying implementation of policy-based funds and fiscal funding subsidies;

(5) Restricting the enterprise from participating in such activities as government procurement and tendering for government-invested projects;

(6) Restricting the enterprise from participating in commendation and incentive activities organized by the government;

(7) Other penalty measures stipulated by the State, province, or municipality.

Article 20 If there are any other stipulations in laws, regulations, rules, and policy documents formulated by the district people's government and higher-level authorities regarding credit-based incentives and penalties and graded and classified supervision during administrative management and social governance work, such stipulations shall prevail.

Article 21 Relevant administrative authorities and organizations authorized with public affairs management functions by laws and regulations are encouraged to take the initiative to utilize results of comprehensive evaluation of public credit of enterprises to promote "Xinyi+" applications such as the "Xinyidai" National SME Financing Information Platform and the "Xinyizu”"Rental Platform.

The access and use of information related to the results of comprehensive evaluation of public credit of enterprises are also encouraged in such activities as market transactions, business management, industry self-discipline, and financing and credit.

Chapter V Protection of Rights and Interests

Article 22 Should an enterprise have objections to credit information related to the comprehensive evaluation of public credit of itself, it may submit a written application for review to the district social credit authority and cooperate with verification work.

Article 23 The district social credit authority shall conduct a verification upon receiving an application for review; if it is necessary, the application materials for review shall be handed over to the organization providing the credit information for verification. If errors or omissions have been found after verification, the district social credit authority and the organization providing the credit information shall timely make corrections, while the district social credit authority shall inform the subject of the information. The handling of objections should be completed within 3 working days. Where circumstances are complex, the handling period may be extended upon approval from the person in charge of the organization, but the extension shall not exceed three working days.

During the handling of objections, the district social credit authority should label the information with objections and the results of comprehensive evaluation of public credit of enterprises as under review, and remove the label after completion of handling.

Article 24 The following information shall not be included in the scope of comprehensive evaluation of public credit of enterprises:

(1) Specific administrative behavior information that has been canceled or confirmed as against the law;

(2) Public credit information beyond the period of validity;

(3) Information not suitable for use in credit evaluation as stipulated by laws, regulations, and rules.

Article 25 After an enterprise has actively corrected dishonest acts, eliminated the negative impact, and conducted credit repair on dishonest information according to relevant regulations, the district social credit authority shall timely adjust the results of comprehensive evaluation of public credit of the enterprise.

Article 26 Administrative authorities and organizations authorized with public affairs management functions by laws and regulations shall not commit the following acts:

(1) Accessing results of comprehensive evaluation of public credit of enterprises beyond their authority;

(2) Tampering with, fabricating, or illegally deleting results of comprehensive evaluation of public credit of enterprises;

(3) Divulging results of comprehensive evaluation of public credit of enterprises that have not been authorized for disclosure;

(4) Other acts prohibited by laws, regulations, and rules.

Chapter VI Legal Liabilities

Article 27 Should administrative authorities and organizations authorized with public affairs management functions by laws and regulations and their staff members commit any of the following acts, the organization concerned or a higher-level administrative authority shall order them to make rectifications, with notices of criticism circulated; for severe cases, penalties shall be imposed on directly responsible persons in charge and other responsible persons according to law:

(1) Failing to access results of comprehensive evaluation of public credit of enterprises according to regulations when fulfilling duties, resulting in negative consequences;

(2) Failing to handle applications for review according to regulations;

(3) Disclosing, divulging, or using results of comprehensive evaluation of public credit of enterprises against regulations;

(4) Tampering with or fabricating results of comprehensive evaluation of public credit of enterprises;

(5) Other acts constituting failing to perform or improperly performing duties.

Article 28 Natural persons, legal persons, and non-juridical-person organizations committing any of the following acts that cause damage to an enterprise shall assume civil liabilities according to law; acts that constitute a criminal offense shall be prosecuted in accordance with the law:

(1) Forging or altering proof of authorization from evaluated enterprises;

(2) Using results of comprehensive evaluation of public credit of enterprises outside the agreed purposes;

(3) Obtaining, disseminating, or using results of comprehensive evaluation of public credit of enterprises by other illegal or illicit means.

Chapter VII Supplementary Provisions

Article 29 These measures shall come into force from the date of issuance and shall be valid for five years.

Appendix