Notice of Shenzhen Municipal Bureau of Transport on Printing and Distributing the Interim Measures of Shenzhen Municipal on the Administration of Credit Information of Internet Rental Bicycle Industry

SJG (2019) No.4

To relevant units:

　　In order to put into action Guiding Opinion of the State Council on Establishing and Perfecting the Joint Incentive and Punishment System for Keeping Faith and Speeding up the Construction of Social Credit (GF (2016) No. 33), Implementation Plan of Guangdong Province on Establishing and Perfecting the Joint Incentive and Punishment System for Keeping Faith (YF (2016) No. 133), Measures of Shenzhen Municipal on the Administration of Public Credit Information, Notice of the Shenzhen Municipal People's Government on Printing and Distributing the Implementation Plan of Shenzhen Municipal for Implementing the Joint Incentive and Punishment System for Keeping Faith (SF (2017) No. 57), Notice of Shenzhen Municipal Transport Commission, Shenzhen Urban Management Bureau, and Traffic Police Bureau of Shenzhen Public Security Bureau on Printing and Distributing the Implementation Plan for Regulatory Management and Renovation of Internet Rental Bicycles in Shenzhen (SJG (2017) No. 3), and to guide the sound and orderly development of the Internet rental bicycle industry, we have formulated the Interim Measures of Shenzhen Municipal on the Administration of Credit Information of the Internet Rental Bicycle Industry, which is hereby printed and distributed, and please abide by them.

　　Notice is hereby issued.

　　Annex: Interim Measures of Shenzhen Municipal on the Administration of Credit Information of Internet Rental Bicycle Industry

Shenzhen Municipal Bureau of Transport

July 11, 2019

Interim Measures of Shenzhen Municipal on the Administration of Credit Information of Internet Rental Bicycle Industry

Chapter I General Provisions

　　Article 1 In order to carry out Guiding Opinion of the State Council on Establishing and Perfecting the Joint Incentive and Punishment System for Keeping Faith and Speeding up the Construction of Social Credit (GF (2016) No. 33), Implementation Plan of Guangdong Province on Establishing and Perfecting the Joint Incentive and Punishment System for Keeping Faith (YF (2016) No. 133), Measures of Shenzhen Municipal on the Administration of Public Credit Information, Notice of the Shenzhen Municipal People's Government on Printing and Distributing the Implementation Plan of Shenzhen Municipal for Implementing the Joint Incentive and Punishment System for Keeping Faith (SF (2017) No. 57), and to guide the sound and orderly development of the Internet rental bicycle industry, we have formulated these measures based on actual situation of our city.

　　Article 2 These Measures are applicable to the collection, disclosure, use, supervision and administration of credit information of the Internet bicycle rental industry in the whole city.

　　Article 3 The municipal traffic and transport administrative department shall, in conjunction with the traffic administrative department of the municipal public security organ, the municipal urban management and comprehensive law enforcement department, the people's governments of various districts (including the administrative committee of the new district) and other relevant units, collect, disclose and use the credit information of Internet bicycle rental enterprises (including legal representatives and main responsible persons) and Internet bicycle rental users in accordance with relevant laws and regulations.

Chapter II Collection of Credit Information

　　Article 4 The credit information of Internet bicycle rental enterprises shall be collected in the following areas:

　　(1) Basic information of the enterprise and basic identity information of the legal representative and principal responsible person;

　　(2) Information included in the list of abnormal business operations or the list of enterprises that have seriously violated the law and break faith, and information on the joint disciplinary measures to be taken;

　　(3) The effective information on the result of the administrative punishment and the information on the change of the punishment;

　　(4) Verified information on the investigation and handling results of effective complaint reports;

　　(5) Information on production safety accidents recognized as the main responsibility of the enterprise by relevant departments and above;

　　(6) Information on the results of administrative inspection and supervision;

　　(7) Information on performance, including information on violation of operation service management agreements and service commitments signed with relevant regulatory authorities.

　　Article 5 The credit information of Internet bicycle rental users shall be collected in the following areas:

　　(1) Basic identity information of a natural person, including the user's name, identity ID and telephone number;

　　(2) The effective information on the result of administrative punishment and the information on the change of punishment, including malicious sabotage, theft of Internet rental bicycles, sticking or scribbling small advertisements on the body of Internet rental bicycles punished by the relevant regulatory authorities, and illegal cycling or illegal parking of Internet rental bicycles punished by the relevant regulatory authorities;

　　(3) Information on users who ride or park Internet rental bicycles in violation of regulations as confirmed and verified by Internet rental bicycle enterprises.

　　Article 6 The municipal traffic and transport administrative department shall collect the credit information of Internet bicycle rental enterprises and users on a monthly basis through the following channels:

　　(1) The law enforcement information provided by the relevant regulatory authorities on the illegal acts of Internet bicycle rental enterprises and users;

　　(2) Information on users who ride or park Internet rental bicycles in violation of regulations pushed to the government supervision platform by various Internet rental bicycle enterprises;

　　(3) The portal of the initiating department for signing the memorandum of cooperation on joint incentive and punishment system for keeping faith;

　　(4) List of the written notification to the municipal transportation administrative department by the initiating department of signing the memorandum of cooperation on joint incentive and punishment system for keeping faith;

　　(5) Shenzhen Municipal Public Credit System;

　　(6) Websites such as Credit China, Credit Transportation and Credit Guangdong.

　　Article 7 Where an illegal act has not been discovered for more than two years from the date of its occurrence, the credit information of the act shall not be collected; however, if the act has been discovered by the relevant regulatory authorities, and the relevant information cannot be collected in time due to the intentional obstruction, concealment or non-cooperation of the subject of the act, the time limit of two years shall not be imposed.

Chapter III Disclosure of Credit Information and Dissent Handling

　　Article 8 The credit information of Internet bicycle rental enterprises and users shall be disclosed through the portal website of the municipal traffic and transport administrative department, and shall be launched to the municipal credit information platform at the same time.

　　Article 9 Basic information shall be disclosed within the period of validity of the information.

　　The time limit for disclosure of information included in the "list of dishonest enterprises and users" of Internet bicycle rental enterprises and users is three years, and the time limit for disclosure of other information is one year.

　　Where the time limit for information disclosure expires or becomes invalid, no more public disclosure shall be made. Where laws, regulations and rules provide otherwise, such provisions shall prevail.

　　Article 10 Internet bicycle rental enterprises and users who have objections to the credit information disclosed on the portal website of the municipal traffic and transport administrative department may, within the time limit for disclosure, apply to the municipal traffic and transport administrative department for objections and provide supporting materials.

　　The municipal traffic and transport administrative department shall carry out the inspection within 10 working days from the date of acceptance. Upon verification, if the information disclosed by the portal website of the municipal traffic and transport administrative department is inconsistent with the information provided by the information providing unit, it shall be corrected and the dissenting applicant shall be notified; if the information disclosed by the portal website of the municipal traffic and transport administration department is consistent with the information provided by the information providing unit, the information providing unit shall be transferred to the information providing unit for processing, and the transfer shall be notified to the dissenting applicant.

　　If the applicant is not satisfied with the decision of the first inspection and treatment, he/she may file an application for reexamination within 3 working days after receiving the decision of the first inspection and treatment, and the municipal traffic and transport administrative department shall make a reexamination decision within 10 working days, and the decision shall be the final decision.

Chapter IV Use of Credit Information

　　Article 11 The municipal traffic and transport administrative department shall establish a "list of dishonest enterprises and users" of Internet bicycle rental enterprises and users.

　　Article 12 Where the municipal traffic and transport administrative department discovers through the collected credit information that an Internet bicycle rental enterprise has committed any of the following acts of dishonesty in the current year, the enterprise shall be placed on the "list of dishonest enterprises and users" for management:

　　(1) Violating relevant laws, regulations, rules and relevant administrative regulations and causing serious impact;

　　(2) Violently resisting the law in the course of accepting administrative supervision and law enforcement, or refusing to cooperate with the investigation, or refusing to provide relevant information or obstructing the investigation and collection of evidence by law enforcement personnel under supervision after receiving a letter of assistance in the investigation;

　　(3) Refusing to rectify within a reasonable time limit after receiving a written notice of rectification or improvement, or failing to rectify or rectify within a reasonable grace period;

　　(4) Violating the requirements of the operation service management agreement and service commitment signed with the relevant regulatory authorities on vehicle placement, refund of deposit after termination of operation and vehicle recovery, and the circumstances are serious;

　　(5) Violating the parking management requirements and causing serious impact.

　　Article 13 The municipal traffic and transport administrative department shall make statistics on the credit status of Internet bicycle rental enterprises on a monthly basis. Those who are included in the "list of dishonest enterprises and users" shall not be allowed to put in new vehicles or renew vehicles in our city according to law.

　　If the laws, regulations, rules and national and local policy documents conform to the cooperative supervision and joint punishment of dishonest enterprises, corresponding joint punishment measures shall be taken against the legal representative of the enterprise and relevant responsible personnel.

　　Article 14 If the municipal traffic and transport administrative department discovers through the collected credit information that a user of Internet bicycle rental has any of the following actions, the user shall be placed on the "list of dishonest enterprises and users" for management:

　　(1) Maliciously destroying or stealing the Internet rental bicycles;

　　(2) Affixing or scribbling small advertisements on body of the Internet rental bicycles without permission;

　　(3) Those who ride or park in violation of regulations have been punished by the relevant regulatory authorities of the government or punished by enterprises, and the total number of such punishments is three or more times in one year.

　　Article 15 The municipal traffic and transport administrative department shall make monthly statistics on the credit status of users of Internet rental bicycles and publish them on the government supervision platform. For users included in the "list of dishonest enterprises and users", they shall be promoted to be included in the personal credit information system.

　　Article 16 All Internet bicycle rental enterprises shall obtain the information of the "list of dishonest enterprises and users" through the government supervision platform on a monthly basis.

　　Encourage and support Internet bicycle rental enterprises to take joint disciplinary measures of stopping or banning the use of vehicles for one year against users included in the "list of dishonest enterprises and users".

　　Article 17 If Internet bicycle rental enterprises and users have rectified the acts of dishonesty, the adverse social impact of such dishonest behavior has been eliminated, and the enterprise has made positive contributions to the development of the industry by holding major social public welfare activities, providing voluntary services, charitable donations, etc., the municipal transportation administrative department shall delete it from the “list of dishonest enterprises and users”.

　　After it has been deleted from the "list of dishonest enterprises and users", the municipal traffic and transport administrative department may shorten the credit information disclosure period of Internet bicycle rental enterprises and users according to the management needs. The shortened disclosure period shall be not less than one year from the date of disclosure of the credit information.

Chapter V Supplementary Provisions

　　Article 18 These Measures shall come into force as of July 12, 2019 and shall be valid for three years.