Measures for the Administration of the Repair of Credit Information after the Remedying of Dishonesty (for Trial Implementation)

Measures for the Administration of the Repair of Credit Information after the Remedying of Dishonesty (for Trial Implementation)

Order of the National Development and Reform Commission of the People's Republic of China
(No. 58)

The Measures for the Administration of the Repair of Credit Information after the Remedying of Dishonesty (for Trial Implementation), as deliberated and adopted at the 26th executive meeting on January 11, 2023, are hereby issued, and shall come into force on May 1, 2023.

He Lifeng, Chairman
January 13, 2023

Measures for the Administration of the Repair of Credit Information after the Remedying of Dishonesty (for Trial Implementation)

Chapter I General Provisions

Article 1 For the purposes of regulating the repair of credit information, safeguarding the lawful rights and interests of credit subjects, and further improving the rule of law and regulations for the social credit system initiative, these Measures are formulated in accordance with the requirements of the Notice by the General Office of the CPC Central Committee and the General Office of the State Council Regarding Issuing the Opinions on Advancing the High-quality Development of the Social Credit System Initiative and Promoting the Establishment of a New Development Pattern, the Guiding Opinions of the State Council on Establishing and Improving a System for Joint Incentives to Honesty and Joint Punishment for Dishonesty and Accelerating the Advancement of the Development of Social Honesty, the Guiding Opinions of the General Office of the State Council on Accelerating the Advancement of the Social Credit System Initiative and Establishing a New Credit-based Regulatory Mechanism, and the Guiding Opinions of the General Office of the State Council on Further Improving the Dishonesty Restraint System and Building a Long-term Honesty Development Mechanism.

Article 2 Credit subjects shall have the right to repair their credit information according to the law. Except under circumstances as specified by laws, regulations, and policy documents of the CPC Central Committee and the State Council under which repair is not allowed, credit subjects that meet relevant conditions may apply for the repair of credit information as required.

Article 3 For the purposes of these Measures, “repair of credit information” means the activity that on application by a credit subject, in order to actively improve its credit standing, after remedying its dishonesty and performing relevant obligations, the entity that determines the dishonesty (hereinafter referred to as the "determination entity") or the institution operating a credit platform website that aggregates dishonesty information (hereinafter referred to as the "aggregation institution") removes or ceases publishing the information on the dishonesty in accordance with relevant provisions.
For the purposes of these Measures, “publication” means that after integrating relevant credit information and recording it in the name of credit subjects, an aggregation institution publishes information which may be made publicly available according to the law on a credit website in a centralized and unified manner.

Article 4 For the purposes of these Measures, “dishonesty information” means information that has a negative impact on the credit standing of credit subjects listed in the National Basic Catalog of Public Credit Information and the local supplementary catalogs of public credit information, including seriously dishonest subject list information, administrative penalty information, and other dishonesty information.
For the purposes of these Measures, “seriously dishonest subject list” means a seriously dishonest subject list created on the basis of laws, regulations, or policy documents of the CPC Central Committee and the State Council.

Article 5 Where the National Credit Information Sharing Platform, the Credit China website, and local credit information sharing platforms and credit websites (hereinafter collectively referred to as "credit platforms and websites") conduct the activity of repair of credit information, these Measures shall apply.
Where the credit information systems established by relevant industry supervisory (regulatory) authorities conduct the activity of repair of credit information, these Measures may apply mutatis mutandis.
Where laws, regulations, departmental rules, and documents of the CPC Central Committee and the State Council establish separate provisions on the publication and repair of credit information, such laws, regulations, departmental rules, and documents shall prevail.

Article 6 The National Development and Reform Commission shall be responsible for overall planning, coordinating, and guiding the repair of credit information. The authorities taking the lead in the social credit system initiative of local people's governments at all levels shall be responsible for overall planning, coordinating, and guiding the repair of credit information within their respective jurisdictions. All relevant authorities and entities shall effectively the work related to the repair of credit information according to the division of responsibilities.

Chapter II Main Methods for the Repair of Credit Information

Article 7 The methods for the repair of credit information shall include removal from the seriously dishonest subject list, cessa......