Notice of the National Development and Reform Commission on improving the government's credit performance mechanism and optimizing the development environment of the private economy

Time:2023-08-28
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The leading departments of the construction of the social credit system in all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps:

In order to thoroughly implement the relevant requirements of the "Opinions of the CPC Central Committee and the State Council on Promoting the Development and Growth of the Private Economy" on "improving the government's credit performance mechanism, establishing and improving the government's dishonest record and punishment system", and to further promote the construction of government credit and create a good environment for the development of the private economy, the relevant work is hereby notified as follows.

1. Fully understand the importance of improving the government's credit performance mechanism

Government credit is an important part of the social credit system. The government plays a leading role in credit construction and directly affects the government's image and credibility. We must take Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as our guide, fully implement the spirit of the 20th National Congress of the Communist Party of China, strengthen the construction of the government's credit performance mechanism, and strive to solve the dishonest behaviors of government such as changing orders every day, new officials ignoring old accounts, damaging fair market transactions, and harming corporate interests, so as to promote the optimization of the business environment, enhance the investment confidence of private enterprises, and promote the development and growth of the private economy.

2. Establish a mechanism for obtaining and identifying the source of information on breach of contract and dishonesty

(I) Smooth the complaint channels for breach of contract and dishonesty. The leading departments for the construction of the provincial social credit system (hereinafter referred to as "leading credit departments") shall establish or improve the breach of contract and dishonesty complaint column based on the credit website at the same level, the "Internet + Supervision" platform of the State Council, the "Breach of Contract and Arrears of Payment to Small and Medium Enterprises Registration (Complaint) Platform" of the Ministry of Industry and Information Technology, the local 12345 government service hotline, the business environment complaint and reporting platform, the petition department and other channels, and accept and collect breach of contract and dishonesty complaints involving government departments (including government agencies and public institutions) in their jurisdiction. The scope of breach of contract and dishonesty includes breach of contract and breach of contract in various agreements and contracts signed between government departments and private enterprises in the fields of government procurement, bidding, investment promotion, government-social capital cooperation, industrial support, government investment, etc. Our Commission will publicize the local complaint column on the "Credit China" website and promptly dispatch the acceptance of complaints in various places. Support local governments to explore the establishment of a contract performance credit supervision column based on the credit information sharing platform and credit website at the same level, collect relevant agreements and contracts signed between government departments and private enterprises in the jurisdiction, and regularly track the performance of contracts.

(II) Strengthen the identification of breach of contract and dishonesty. All provincial credit leading departments shall transfer the collected breach of contract and dishonesty complaint clues to the superior department or competent department of the complained subject as soon as possible for verification and identification. If the situation is not true after verification, the identification department shall be urged to promptly feedback the complainant and provide explanations; if the situation is true, the identification department shall be urged to immediately promote rectification. If rectification is refused, the identification department shall confirm that it is a breach of contract and dishonesty. Failure to perform contracts due to reasons such as institutional adjustments and personnel changes shall be considered as breach of contract and dishonesty.

III. Improve the mechanism for punishment of dishonesty and credit repair

(III) Comprehensively improve government credit records. The National Public Credit Information Center shall promptly formulate relevant information collection standards. All provincial credit leading departments shall increase the efforts to collect government credit information and share the confirmed breach of contract and dishonesty information in real time to the national credit information sharing platform in accordance with unified standards. Our Commission will uniformly include breach of contract and dishonesty information, arrears information sorted out by various places as required, and information on dishonest persons subject to execution in the name of relevant entities to form government credit records. Credit leading departments at all levels shall promote the inclusion of dishonesty records in the performance evaluation indicators of relevant government departments. Our Commission will include government dishonesty records in the business environment evaluation and the comprehensive performance assessment of high-quality development in due course.

(IV) Make full use of the "toolbox" of dishonesty punishment measures in the development and reform system. For relevant entities with dishonesty records, our Commission will restrict central budget funding support, restrict local government special bond applications, and restrict the recommendation of various financing projects in accordance with regulations; for cities at or above the prefecture level with government dishonesty records, our Commission will cancel the development and reform system's evaluation and pilot demonstration qualifications, increase the weight of urban credit monitoring deductions, and cancel the title of social credit system construction demonstration zone or participation qualification.

(V) Urge local governments to establish a dishonesty punishment system. Credit leading departments at all levels should refer to the establishment of a government dishonesty punishment mechanism and promote government departments at the same level to actively mobilize various dishonesty punishment measures within their functional scope, including but not limited to restricting government funding support, restricting the application of support policies, canceling the evaluation of excellence and priority, and restricting participation in government procurement, so as to ensure that dishonesty must be punished.

(VI) Improve the credit repair mechanism. The credit leading departments at all levels shall coordinate and guide the credit restoration work of the untrustworthy entities within their jurisdiction. If the untrustworthy behavior has been corrected and the contract has been fulfilled, the relevant untrustworthy records shall be restored in a timely manner and the untrustworthy punishment measures shall be terminated.

IV. Strengthen the policy guarantee for the implementation of work

(VII) Regularly carry out evaluation and reporting. Our Commission will conduct evaluations on key tasks such as the efficiency of handling and identifying breach of contract and untrustworthy complaints, the quality of credit information collection, and the implementation of untrustworthy punishment measures through various means such as spot checks, third-party investigations, and cross-checks, and regularly report the situation to the provincial credit leading departments and copy them to the provincial people's government. The credit leading departments at all levels shall refer to the establishment of an evaluation and reporting mechanism.

(VIII) Establish a mechanism for monitoring, discovering and supervising the handling of untrustworthy clues. Our Commission will increase the intensity of monitoring and discovering government untrustworthy clues through private enterprise communication and exchange mechanisms, big data monitoring, and selecting representative private enterprises to establish monitoring points. The Commission will "transfer as soon as it is discovered" and supervise the handling according to the place of its jurisdiction, and continue to track the handling situation. The credit leading departments at all levels shall refer to the establishment of corresponding mechanisms and timely discover and handle untrustworthy behaviors through various channels.

(IX) Expose a number of typical cases. Select a number of cases of serious dishonesty, repeated dishonesty, and strong public response, and make them public on the "Credit China" website and expose them to the public through the news media to create a strong public opinion deterrent.


National Development and Reform Commission


August 5, 2023


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