Measures for the Management of the Credit Information of Social Organization

· Document Number：Order No. 60 of the Ministry of Civil Affairs

· Area of Law： Construction Industry

· Level of Authority： Departmental Rules

· Date issued：01-24-2018

· Effective Date：01-24-2018

· Status： Effective

· Issuing Authority： Ministry of Civil Affairs

Order of the Ministry of Civil Affairs
(No. 60)
The Measures for the Management of the Credit Information of Social Organizations, as adopted at the executive meeting of the Ministry of Civil Affairs on January 12, 2018, are hereby issued and shall come into force on the date of issuance.
Minister of Civil Affairs: Huang Shuxian
January 24, 2018
Measures for the Management of the Credit Information of Social Organizations
Article 1 To strengthen the management of the credit information of social organizations, advance the building of a credit system for social organizations, and promote the healthy and orderly development of social organizations, these Measures are developed in accordance with relevant laws and regulations and the relevant provisions of the state.
Article 2 These Measures shall apply to the management of the information related to the credit status of social organizations formed or obtained by the registration administrative authorities for social organizations (hereinafter referred to as “registration administrative authorities”) during their performance of duties in accordance with the law.
The information related to the credit status of social organizations formed during the performance of duties by other relevant government departments and judicial authorities shall be incorporated into the credit information of social organizations in accordance with laws and regulations for management.
Article 3 The civil affairs department of the State Council shall guide the management of the credit information of social organizations nationwide.
The civil affairs department of the State Council and the civil affairs departments of the local people's governments at or above the county level shall be responsible for the management of the credit information of social organizations registered with these organs.
Article 4 The management of the credit information of social organizations shall follow the principles of openness in accordance with the law, unified management, hierarchical responsibility, information sharing, and dynamic updating.
Article 5 The registration administrative authorities that conduct the management of the credit information of social organizations shall keep confidential state secrets, trade secrets and personal privacy in accordance with the law.
Article 6 The credit information of social organizations includes basic information, annual report information, administrative inspection information, administrative punishment information, and other information.
Article 7 “Basic information” means the information that reflects the registration, approval, recordation and other matters of social organizations.
“Annual report information” means the information on social organizations' legal performance of the obligation of annual work reporting, which is disclosed to the general public.
“Administrative inspection information” means the conclusive information formed during the supervision and inspection of social organizations by registration administrative authorities and relevant government departments.
“Administrative punishment information” means information on the types of administrative punishment imposed on social organizations, punishment results, illegal facts, punishment basis, punishment time, and the departments that make administrative punishment decisions and other information.
“Other information” means information on the assessment rating of social organizations and the valid period thereof, commendation and rewards from relevant government departments, undertaking of services purchased or matters entrusted by governments, qualifications for raising funds from the general public, and qualifications for pre-tax deduction of public welfare donations and other information related to the credit of social organizations.
Article 8 Registration administrative authorities shall, within five working days after the information is formed or obtained, collect and enter into the information management system for social organizations the credit information of social organizations that shall be recorded. The registration administrative authorities that have not established the information management system for social organizations shall collect and record relevant information in a timely manner in appropriate manners.
Registration administrative authorities shall strengthen the management and maintenance of credit information, and ensure information security.
Article 9 Registration administrative authorities shall, based on relevant credit information involving social organizations' failure to perform obligations in accordance with the law or violations of laws and regulations, establish the system for lists of social organizations with abnormal activities and lists of seriously illegal and dishonest social organizations.
Article 10 Where a social organization is included in a list of social organizations with abnormal activities or a list of seriously illegal and dishonest social organizations due to any non-administrative punishment item, the registration administrative authority shall, before making a decision, notify in writing the social organization of the fact of and reasons and basis for the inclusion, and the rights it may enjoy in accordance with the law. If the social organization cannot be contacted through the domicile registered, it may be notified via an Internet announcement.
Where a social organization raises any objection to its inclusion in a list of social organizations with abnormal activities or a list of seriously illegal and dishonest social organizations, it may submit a written statement or defense and relevant certification materials to the registration administrative authority within ten working days of receipt of the letter of notification. Where a social organization is notified via an announcement and fails to submit a statement or defense within 30 days from the date of the announcement, it shall be deemed to have no objection.
The registration administrative authority shall conduct verification thereof within ten working days of receipt of the statement or defense, and make a decision on whether to include the applicant into the a list of social organizations with abnormal activities or a list of seriously illegal and dishonest social organizations, and notify the applicant in writing.
Article 11 A registration administrative authority shall include a social organization that falls under any of the following circumstances in a list of social organizations with abnormal activities:
(1) The social organization fails to submit the annual work report to the registration administrative authority as required within a prescribed time limit.
(2) The social organization fails to form a Party organization in accordance with the relevant provisions.
(3) The social organization fails to complete rectifications within a prescribed time limit as required by a rectification document issued by the registration administrative authority that finds problems during random inspections or any other supervision or inspection.
(4) A charitable organization qualified for raising funds from the general public falls under the circumstance as prescribed in Article 21 of the Measures for the Administration of Charitable Organizations' Fundraising from the General Public.
(5) The social organization is given a warning or a fine of less than 50,000 yuan.
(6) The social organization cannot be contacted through the domicile registered.
(7) Other circumstances that the social organization should be included in the list as prescribed by laws and administrative regulations.
If no one signs for the receipt of the special-purpose letters mailed by the registration administrative authority to the domicile registered by the social organization in the course of performance of duties in accordance with the law twice, it shall be deemed that the contact with the social organization through the registered domicile is impossible. The mailing interval shall be not less than 15 days nor more than 30 days.
Article 12 Where a social organization falls under the circumstance as listed in Article 11, but the competent business entity or any other relevant department has proven in writing that the social organization is not directly responsible for this, it may not be included in the list of social organizations with abnormal activities.
Article 13 If a social organization falls again under any circumstance that it should be included in the list of social organizations with abnormal activities during the period of its inclusion in the list of social organizations with abnormal activities, the time limit for the inclusion shall be recalculated.
Article 14 Where a social organization that has been included in the list of social organizations with abnormal activities performs relevant obligations or completes rectification requirements as required, it may apply to the registration administrative authority for being removed from the list of social organizations with abnormal activities, and the registration administrative authority shall, within five working days after relevant information is verified, remove it from the list of social organizations with abnormal activities; and if it does not fall under the circumstance that it should make rectifications or perform relevant obligations, the registration administrative authority shall remove it from the list of social organizations with abnormal activities six months after its inclusion in the list of social organizations with abnormal activities.
Article 15 A registration administrative authority shall include a social organization that falls under any of the following circumstances in a list of seriously illegal and dishonest social organizations:
(1) It has been included in the list of social organizations with abnormal activities for two years or more.
(2) Its modification registration is revoked because it makes falsification in undergoing the modification registration formalities.
(3) It is subject to the administrative punishment of having its activity stopped within a prescribed time limit.
(4) It is fined more than 50,000 yuan.
(5) It has been given a warning or a fine of less than 50,000 yuan more than twice within three years.
(6) It is included by the judicial authority in the List of Dishonest Judgment Debtors.
(7) The registration administrative authority makes a decision on revoking its registration certificate or canceling its formation (establishment).
(8) Other circumstances that it should be included in the list as prescribed by laws and administrative regulations.
Article 16 If a social organization falls under any circumstance that it should be included in a list of social organizations with abnormal activities or a list of seriously illegal and dishonest social organizations during the period of its inclusion in a list of seriously illegal and dishonest social organizations, the time limit for the inclusion shall be recalculated.
Article 17 A social organization that is included in a list of seriously illegal and dishonest social organizations in accordance with item (1) of Article 15 of these Measures shall, from the date of its inclusion, be removed by the registration administrative authority from the list of social organizations with abnormal activities; and if two years have lapsed since its inclusion in the list of seriously illegal and dishonest social organizations and it has performed relevant obligations or completed the rectification requirements as required, it may apply to the registration administrative authority for removing it from the list, and the registration administrative authority shall, within five working days after relevant information is verified, remove it from the list of seriously illegal and dishonest social organizations.
If two years have lapsed after a social organization that is included in the list of seriously illegal and dishonest social organizations in accordance with items (2) through (6) of Article 15 of these Measures is included in the list, it may apply to the registration administrative authority for removing it from the list, and the registration administrative authority shall, within five working days after relevant information is verified, remove it from the list of seriously illegal and dishonest social organizations.
Where a social organization is included in a list of seriously illegal and dishonest social organizations in accordance with item (7) of Article 15 of these Measures, the registration administrative authority shall, within five working days after the organization completes the deregistration, remove it from the list of seriously illegal and dishonest social organizations.
Article 18 Where the administrative punishment decision, deregistration decision or List of Dishonest Judgment Debtors based on which a social organization is included in a list of seriously illegal and dishonest social organizations is revoked or deleted in accordance with the law, the social organization may apply to the registration administrative authority for removing it from the list, and the registration administrative authority shall, within five working days after the relevant information is verified, remove it from the list of seriously illegal and dishonest social organizations.
Article 19 The credit information of social organizations, the lists of social organizations with abnormal activities and the lists of social organizations with abnormal activities shall be disclosed to the general public. Registration administrative authorities shall provide inquiry channels to the public via the Internet.
Article 20 Where a social organization raises any objection to its credit information or the list of social organizations with abnormal activities or the list of seriously illegal and dishonest social organizations including it, it may file a written application with the responsible registration administrative authority and submit relevant certification materials. The registration administrative authority shall conduct verification thereof within 30 working days, and, if finding any error, make correction within five working days from the date of verification; and, if making a decision on not making correction upon verification, notify the applicant in writing and give the reasons therefor.
Article 21 The registration administrative authorities at all levels shall, in accordance with the relevant provisions on the building of a credit system of the state and within their respective administrative regions, provide the credit information of social organizations to relevant departments through the national credit information sharing platform to achieve departmental information sharing.
Article 22 The registration administrative authorities at all levels shall coordinate and cooperate with relevant departments, and, within the scope of their respective functions and powers, adopt the corresponding incentive and punishment measures based on the credit information of social organizations, and focus on advancing the joint punitive actions against dishonest social organizations.
Article 23 For social organizations with good credit status, registration administrative authorities may take or suggest the relevant departments taking the following incentive measures in accordance with the law:
(1) Giving priority to their undertaking of the matters authorized and entrusted by governments.
(2) Giving priority to their obtainment of projects concerning governments' purchase of social organizations' services.
(3) Giving priority to their obtainment of funding and policy support.
(4) Giving priority to recommending them to get corresponding commendation and rewards, among others.
(5) Implementing various incentive measures listed in the signed joint incentive memorandum.
Article 24 For social organizations that are included in the list of seriously illegal and dishonest social organizations, registration administrative authorities may take or suggest the relevant departments taking the following punishment measures in accordance with the law:
(1) Listing them as objects under key supervision and administration.
(2) Refusing to give them funding support.
(3) Refusing to purchase services from the social organizations.
(4) Refusing to grant relevant honorary titles to them.
(5) Taking the inclusion as an important reference to cancel or downgrade the rating of the social organizations.
(6) Implementing various punishment measures listed in the signed joint punishment memorandum.
Article 25 Where any staff member of a registration administrative authority abuses his or her power, practices favoritism or makes falsification for personal gains, or neglects his or her duties when conducting the management of the credit information of social organizations, he or she shall be criticized and educated or given an administrative disciplinary action in light of the seriousness of the circumstances; and where a crime is constituted, he or she shall be held criminally liable in accordance with the law.
Article 26 These Measures shall come into force on the date of issuance.