Working Plan for Further Improving the Public Credit Information Repair Mechanism of This Municipality

This Working Plan is formulated in accordance with the Guiding Opinions of the State Council on Further Optimizing Government Affairs Services, Improving Administrative Efficiency, and Promoting "Efficient Completion of One Matter" (SC GO [2024] No. 3) and the Regulations of Shanghai Municipality on Social Credit, for the purposes of accelerating the construction of a social credit system, protecting the public credit information repair rights of credit subjects, and helping optimize the business environment.

I. Repair of Administrative Penalty Information Publicized on Credit Portals at All Levels

According to the relevant requirements of the State, for the administrative penalty information of legal persons and non-legal organizations publicized on the "Credit China" website and credit portals at all levels, the repair conditions and repair procedures shall be implemented in accordance with the Measures for the Administration of the Repair of Credit Information after the Remedying of Dishonesty (for Trial Implementation) formulated by the National Development and Reform Commission. Among them, the information on administrative penalties imposed through the summary procedure and administrative penalties that are only subject to warning or criticism shall not be publicized.

1. Repair Conditions

For the repair of administrative penalty information of legal persons and non-legal organizations, "one-stop service" shall be implemented, and the credit entity shall submit a repair application through the "Credit China" website. To apply for the repair of administrative penalty information, the following conditions shall be met at the same time:

(1) Complete the rectification of dishonest behavior. Fully fulfill the obligations prescribed in the decision on administrative punishment and correct illegal acts.

(2) Reach the minimum publicity period. The minimum publicity period for general administrative penalty information shall be 3 months; the minimum publicity period for administrative penalty information involving food, medicine, special equipment, production safety, and fire protection shall be 1 year. If the National Development and Reform Commission adjusts the minimum publicity period, this Municipality shall implement it accordingly.

(3) Publicly make credit commitments. The content of the commitment should ensure authenticity and validity of the submitted materials, and a clear willingness to bear the corresponding responsibility for violating the commitment.

2. The Repair Process

The Municipal Public Credit Information Service Center (hereinafter referred to as the "Municipal Public Credit Center") and each district development and reform commission shall, after receiving the repair application, actively cooperate with the State Public Credit and Geospatial Information Center to do well in acceptance and review work.

(1) Acceptance and preliminary examination. The development and reform commissions of each district shall be responsible for accepting and preliminarily examining the application for the repair of administrative penalty information made by the administrative organs of the district where they are located; the Municipal Public Credit Center shall accept and make a preliminary examination for the applications for the repair of administrative penalty information made by the municipal administrative organs. All relevant units shall determine whether to accept the repair application within 3 working days after receiving it, and issue the preliminary examination opinions within 2 working days after accepting the application.

(2) Review. The Municipal Public Credit Center shall review the preliminary opinion and issue the review opinion within 3 working days. Those that meet the conditions for repair shall be submitted to the State Public Credit and Geospatial Information Center in a timely manner.

(3) Collaborative handling among departments. In the process of applying for credit repair by a credit entity, or reviewing of the repair application by the Municipal Public Credit Center and the district development and reform commissions, when it is required to verify the credit entity's compliance with penalties and illegal acts correction, the administrative penalty authority shall actively coordinate and give written feedback within 3 working days.

(4) Final Examination and information processing. If the State Public Credit and Geospatial Information Center approves the repair in the final examination, the Municipal Public Credit Center and the district development and reform commissions shall complete the relevant information processing work in a timely manner in accordance with this plan.

In industries where an administrative penalty information repair system has been established in accordance with laws, rules and departmental regulations, the administrative penalty authority shall be responsible for accepting the relevant repair applications. If the repair is approved upon review, the repair conclusion shall be shared with the Municipal Public Credit center within 2 working days.

II. Restoration of Other Untrustworthy Information Collected by the Municipal Public Credit Platform

For other untrustworthy information, this Municipality implements a graded and classified restoration system to support credit subjects to apply for restoration by proactively correcting untrustworthy behavior and eliminating bad social effects so as to continuously improve the level of integrity of the whole society.

1. Restoration Scope

Credit subjects can, through the "Government Online-Offline Shanghai" (Sui Shen Ban App) and special application columns as "Public Credit Information Restoration of One Task", and submit an application for the restoration of untrustworthy information in the way of "One stop". Except in cases where laws, rules and national provisions cannot be restored, the credit entity may apply for restoration of the following untrustworthy information collected by the Municipal Public Credit Platform：

(1) Information on administrative penalties of natural persons;

(2) Information on unpaid taxes and social insurance premiums;

(3) Information on unpaid administrative fees and government-managed funds;

(4) Failure to fulfill credit commitments made in the course of administrative management or public services;

(5) Information handled by regulatory authorities due to scientific research untrustworthy, product quality, production safety, food safety, environmental pollution and other liability accidents;

(6) Administrative mandatory enforcement information;

(7) Abnormal business list and list of seriously untrustworthy subjects; 

(8) And other untrustworthy information prescribed by the State and this Municipality.

This Municipality establishes and improves the credit repair work mechanism of bankrupt and restructured enterprises. In cases where the people's court decides to approve the bankruptcy reorganization plan, directly approves the draft bankruptcy reorganization plan in accordance with the law, or decides to recognize the settlement agreement, the bankruptcy administrator can query the untrustworthiness information of the bankruptcy reorganization enterprise through the "one-stop" column of the "Credit China (Shanghai)" website. This Municipality implements credit restores standards that are different from normal operating enterprises in key areas, and supports bankruptcy administrators to submit on their behalf the information restoration applications for administrative penalties, tax credit evaluation, lists of major tax violations and untrustworthiness entities, lists of business anomalies in the field of market regulation, and lists of serious violations and untrustworthiness, and adds information on the progress of enterprise restructuring and updates the repayment status to the basic financial information database. The specific measures shall be formulated separately by the Municipal Development and Reform Commission in conjunction with relevant departments.

2. Restoration Conditions and Application Materials

When a credit subject submits an application for the restoration of untrustworthy information, it shall generally meet the following conditions:

(1) Have corrected the untrustworthy behavior and eliminated the adverse social influence;

(2) Have Publicly made a credit commitment; 

(3) And not less than 3 months from the date of the administrative act.

The specific restoration conditions shall be separately formulated by the competent (supervisory) departments of the relevant industries of this Municipality, and the opinions of the leading departments of the construction of the social credit system of this Municipality shall be consulted. Restoration conditions should be consistent with the penalty according to the field of the breach of trust, the severity of the case, the degree of impact, and different types of restoration conditions, different standards should be strictly implemented, so as to effectively protect the legitimate rights and interests of credit subjects.

The credit entity shall submit a letter of commitment to credit restoration, proof materials to correct untrustworthy behavior and eliminate adverse social effects. This Municipality explores ways to further streamline application materials and compress processing time limits through pre-sharing between departments of correcting untrustworthy behaviors, intelligent pre-filling of application information, and real-time invocation of electronic seals, etc. so as to continuously improve the convenience of restoring untrustworthy information.

3. Restoration Process

For the restoration of other untrustworthy information, the principle of "who identified the untrustworthiness, who is to restore" shall be implemented, and the unit that identified the untrustworthy behavior (that is, the unit that made the original administrative act or its superior unit) shall be responsible for the acceptance, review, feedback as well as for the protection for the credit subject of the right to know. All relevant units shall handle the  restoration applications in accordance with the following procedures to continuously improve the handling efficiency:

(1) Application for transfer: Upon applying, the application materials shall be transferred through the "Government Online-Offline Shanghai" (Sui Shen Ban App) in real time to the unit that identified untrustworthiness.

(2) Application acceptance: The unit that identified the untrustworthiness shall review the integrity and standardization of the application documents within 2 working days, and decide whether to accept it. If the application materials are not complete or do not meet the requirements, the applicant shall be informed at one time to supplement the relevant materials, and those who meet the requirements after supplementation shall be accepted.

(3) Restoration identification: The unit that identified the untrustworthiness shall issue an opinion on whether to restore the information within 5 working days from the date of acceptance, and inform the credit subject in writing. If the situation is complicated and cannot be settled within the prescribed time limit, it may be extended appropriately, but the extension period shall not exceed 3 working days at most, and the credit entity and the Municipal Public Credit Center must be notified of the extension in a timely manner.

The unit that identified the untrustworthy behavior shall, after completing the review, promptly report the restoration conclusion to the Municipal Public Credit Center.

III. Information Processing After Restoration

The Municipal Public Credit Center shall complete the following processing of relevant information within 2 working days after receiving the approval of restoration conclusion:

1. Terminate the announcement on the "Credit China (Shanghai)" website；

2. Delete from public credit information report；

3. Share the restoration conclusions to the website system of the National Enterprise Credit Information Publicity System (Shanghai) and other departments; 

4. And inform the credit service agency that collects and uses the public credit information.

If it involves the restoration of the list of seriously untrustworthy entities, the Municipal Public Credit Center shall also process the relevant administrative penalty information in accordance with the above requirements.

The unit that identified the untrustworthiness shall terminate the publicity on the website of the department within 2 working days after issuing an approval opinion to the restoration or after receiving the restoration conclusion shared by the Municipal Public Credit Center, and shall not continue to take joint disciplinary measures for the untrustworthiness based on the restored information. If the State and this Municipality have special provisions, such provisions shall prevail.

The credit service agency that collects and uses public credit information shall delete the relevant information in the system within 2 working days after receiving the approval of the restoration conclusion.

IV. Safeguard Measures

The municipal and district development and reform commission shall strengthen the comprehensive coordination of the restoration work of public credit information in the region, the Municipal Development and Reform Commission shall regularly summarize the handling situation of this Municipality, inform the existing problems, and do a good job in optimizing and upgrading the public credit information restoration of "One Task" together with the Municipal Big Data Center and the Municipal Public Credit Center. Each municipal industry supervision (regulatory) department shall, before the end of September 2024, improve the public credit information restoration system standards in the industry, timely publicize them through the "Government Online-Offline Shanghai" (Sui Shen Ban APP) and the website of "Credit China (Shanghai)", and strengthen the business guidance for each district. All districts and units shall further streamline the working process, improve the efficiency of restoration management, and issue restoration opinions in a timely manner.

This work plan shall be effective as of August 1, 2024.