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Interpretation of the Notice of the Ministry of Civil Affairs on Printing and Distributing the Administrative Measures for the List of Joint Disciplinary Objects for the Dishonesty in the Pension Service Market

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Recently, the Ministry of Civil Affairs issued a notice on "Administrative Measures for the List of Joint Disciplinary Targets for Dishonesty in the Pension Service Market (Trial)" (hereinafter referred to as the "Measures"). The Measures clarify the identification, release, use, and removal of the list of joint disciplinary targets for dishonesty in the pension service market (hereinafter referred to as the "list of joint disciplinary targets"), and it is an innovative and leading document for credit supervision in the field of pension services.

I. Background and Significance of Printing of the Measures

The Party Central Committee and the State Council attach great importance to the construction of a social credit system. General Secretary Xi Jinping pointed out in the report of the 19th National Congress of the Communist Party of China that "to promote the construction of integrity, we must continuously take various measures to promote the construction of the social credit system." Premier Li Keqiang emphasized in a national teleconference on deepening the "decentralization of services" reform and optimization of the business environment, "In the process of promoting effective supervision, fair and fair supervision, we must strengthen the construction of a social credit system." The social credit system has become an important part of the socialist market economic system and social governance system. This year, in the "Opinions on Promoting the Development of Elderly Care Services" issued by the General Office of the State Council (Guobanfa [2019] No. 5), it was explicitly stated that "the government should accelerate the construction of the social credit system in the elderly care service field, establish and improve a joint disciplinary mechanism for mistrust, Aged service agencies and personnel who have serious dishonesty conduct joint punishment. " In order to implement the requirements of the CPC Central Committee and the State Council on strengthening the construction of the social credit system, to accelerate the requirements for the construction of the social credit system in the elderly service field, to further regulate the order of the elderly service market, and to promote the sustainable and healthy development of the elderly service industry, the Ministry of Civil Affairs issued the Measures ".

Strengthening the construction of the social credit system in the field of elderly care services and building a new credit-based supervision system are important measures to further promote the "decentralization of service" reforms, improve supervision during and after the event, and optimize the business environment. Strengthening the credit supervision of market players in the field of pension services, giving play to the fundamental role of credit in economic operations, is of great significance to innovating the concept of supervision, improving the supervision mechanism, and improving the effectiveness of supervision. The "Measures" have implemented a system of joint disciplinary target list and key concern target list system to impose disciplinary measures equivalent to untrustworthy behaviors on old-age service agencies and practitioners who violate the law in the old-age service field and make them untrustworthy. The "restricted everywhere" pattern of credit punishment further achieves the purpose of disciplinary measures that prevent market entities from losing faith, daring to lose faith, and not wanting to lose faith.

2. The main contents and main points of the Measures

There are 21 Articles of Measures, which are structured into three parts. Articles 1 to 4 are the general provisions of the Measures, which mainly include the purpose and basis for the establishment of the Measures, the scope of application, basic principles, and the duties of civil affairs departments; Articles 5 to 16 are the Measures The main part of the policy mainly includes provisions for inclusion, information sharing, list of key concerns, inclusion procedures, information content, dynamic management, removal situations, removal verification, special circumstances, information disclosure, disciplinary measures, information corrections, and other provisions; tenth Articles 7 to 21 are the implementation guarantee part of the Measures, which mainly include regulations on industry self-discipline, administrative responsibility, archives management, local execution, and implementation time.

The main contents of the Measures include:

First , a joint punishment system has been established. According to the different levels of dishonesty, the Measures set up two systems of joint disciplinary target list and key attention target list, correspondingly adopting corresponding disciplinary measures for dishonest behavior. The management system of the joint disciplinary list is based on the results of judicial decisions, administrative penalties, and administrative coercion. Elderly service agencies and practitioners with bad, serious plots, and serious social harm have been included in the joint disciplinary list , Announced to the society within a certain period of time, and implemented credit constraints, joint disciplinary measures and other measures. At the same time, the "Measures" also established a system of lists of key targets of concern, where the commitments of the elderly care institutions when filing are not true, or violate the commitments, and violate mandatory national standards, but have not yet been punished by administrative or criminal punishment Behaviors, but the severity of which has not yet reached the level of joint punishment target list, the elderly care service institutions are included in the list of key concerns, and during the period of focus attention, strict supervision and other measures are implemented.

The second is to clarify joint disciplinary measures. For the old-age service agencies and employees who are included in the list of joint punishment objects, the Measures focus on the principles of restraint, restriction, and increase of the cost of breach of trust, and clarify five aspects of punishment measures: First, enjoy preferential treatment for joint punishment objects. Policies or restrictive measures to obtain honors; the second is to strengthen the supervision of the joint punishment object to increase the cost of breaking the law and the trust; the third is the restrictive measure to the joint punishment object to hold important positions; the fourth is the restrictive measure to the joint punishment object's industry access Fifth, implement disciplinary measures against joint disciplinary targets by pushing information to relevant departments. These disciplinary measures not only restrict the old-age service agencies, but also restrict the legal representatives, main responsible persons, and relevant responsible persons, which increases the cost of illegal and untrustworthy organizations and employees, and releases “one untrustworthy and restricted everywhere”. The signals formed an effective earthquake deterrence.

The third is to protect the lawful rights and interests of the parties. The Measures establish a defense mechanism for defense, which fully protects the parties' right to make statements and defenses. Before including elderly care institutions and employees in the list of joint disciplinary targets, the civil affairs department shall perform the notification procedure. If the parties have any objections, they have the right to submit statements, defenses and relevant certification materials. The civil affairs department shall conduct inspections and make a decision to maintain, modify or withdraw. At the same time, the Measures provide an effective link between strengthening punishment and protecting the right to privacy. There is no provision for legal and judicial interpretation of information that can be disclosed, such as work units, contact information, etc., and information that is not disclosed as a list of joint disciplinary targets; for information that can be disclosed according to law, some technical treatment should also be taken when it is disclosed Hide some of the fields on the citizenship number (civil society credit code of Hong Kong, Macao and Taiwan residents, foreign national identification number) information to protect citizens' privacy as much as possible.

In the next step, the Ministry of Civil Affairs will rely on the "Golden Civil Project" to establish a unified national punishment list management system, and supervise and guide local civil affairs departments to earnestly implement it.

Related Links:

Notice of the Ministry of Civil Affairs on Printing and Distributing the "Administrative Measures for the List of Joint Disciplinary Targets for Dishonest Credit Services in the Pension Service Market (Trial)"


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