Departments and bureaus of the Ministry, units directly under the Ministry, Water conservancy (Water affairs) departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government, water conservancy (water affairs) bureaus of cities separately planned, and water Conservancy Bureau of Xinjiang Production and Construction Corps:

　　The Measures for the Management of Credit Information of Water Conservancy Construction Market Operators have been reviewed and approved by the Ministerial meeting, and are hereby issued to you. Please follow them carefully.

Ministry of Water Resources

July 27, 2024

Measures for the administration of credit information of market operators of water conservancy construction

Chapter I General provisions

　　Article 1 In order to regulate the credit information management of water conservancy construction market operators, According to the Opinions of the Central Committee of the Communist Party of China and The State Council on Accelerating the Construction of a National Unified Large Market, the Notice of the General Office of the Central Committee of the Communist Party of China and The General Office of the State Council on Promoting the Construction of a High-quality Development of the Social Credit System and Promoting the Formation of a New Development Pattern, and the Guiding Opinions of The State Council on Establishing and improving the Joint incentive and joint punishment system for trustworthiness and speeding up the construction of social credit The Guidelines of The General Office of the State Council on Accelerating the construction of the Social credit system and Building a new credit-based supervision mechanism, the Guidelines of The General Office of the State Council on Further Improving the credit breach restraint System and building a long-term mechanism for credit Construction and other relevant provisions, combined with the actual situation of the water conservancy industry, formulated these measures.

Article 2 These Measures are applicable to the collection, sharing, publicity, application, restoration, supervision and management of credit information of water conservancy construction market operators.

The term "water conservancy construction market operators" as mentioned in these Measures refers to units with legal personality and relevant practitioners participating in the construction, survey, design, construction, supervision, monitoring, consulting, bidding agent, quality testing, machinery manufacturing, material and equipment supply, and information system construction of water conservancy construction activities and soil and water conservation activities of production and construction projects.

The term "credit information" as mentioned in these Measures refers to the information generated and obtained by water administration departments at or above the county level and other state organs as well as organizations authorized by laws and regulations with the function of managing public affairs to identify, analyze and judge the credit status of water conservancy construction market operators in the process of performing statutory duties and providing public services.

Article 3 The credit information management of water conservancy construction market operators shall follow the principles of "who produces, who provides and who is responsible", "who uses, who manages and who is responsible", "who determines, who repairs and who is responsible", and follow the principles of law and regulations, protection of rights and interests, fairness and justice, prudence and moderation, and coordination. Ensure the comprehensive collection, on-demand sharing, compliant use, efficient repair and safe storage of credit information, and ensure the authenticity, accuracy, integrity and consistency of credit information.

Article 4 The water administration department under The State Council shall be responsible for promoting, guiding, coordinating and supervising the credit information management of the national water conservancy construction market operators.

River basin management institutions shall, in accordance with the provisions of laws and regulations and the authorization of the water administration department under The State Council, be responsible for promoting, guiding, coordinating and supervising the credit information management of water conservancy construction market operators within their jurisdiction.

Local water administrative departments at or above the county level shall be responsible for promoting, guiding, coordinating and supervising the credit information management of water conservancy construction market operators in their respective administrative areas.

Article 5 The national water conservancy construction market supervision platform established by the water conservancy administrative department under The State Council (hereinafter referred to as the National Water conservancy Supervision platform) is a unified platform for the collection, sharing, publicity, application and restoration of the credit information of the operators of the national water conservancy construction market.

The water administration department of The State Council promotes the interconnection and data sharing of the national water conservancy supervision platform and credit platform websites such as the "Credit China" website, the national credit information sharing platform, and the national enterprise credit information publicity system, so as to realize the "One Netcom Office" for credit information management. The operation and maintenance unit of the national water conservancy supervision platform shall strengthen the technical support, do a good job in the operation and management of the national water conservancy supervision platform and the system docking with the relevant credit platform website to ensure the orderly operation of the credit information management process.

Chapter II Collection and sharing of credit information

　　Article 6 The credit information of water conservancy construction market operators is included in the scope of the National Public Credit Information Basic Directory. The credit information of local water conservancy construction market operators should also be included in the scope of local public credit information supplement catalog.

In addition to laws, regulations or policy documents of the Party Central Committee and The State Council, information collected by water administrative departments at or above the county level according to the needs of performing their duties outside the scope listed in the National Public Credit Information Basic Directory and the local public credit information supplementary directory shall not be used as credit information of the main operators of the water conservancy construction market.

Article 7 The credit information of water conservancy construction market operators is divided into basic registration information, administrative management information, operation information, social evaluation information and other information.

Basic registration information includes the subject identification information of units with legal personality, senior management information, etc., and the identity information, title and career information of relevant practitioners.

Administrative information includes administrative license information, administrative penalty information, administrative supervision and inspection information, administrative reward information, judicial information, list of seriously dishonest subjects, etc., of which administrative penalty information, list of seriously dishonest subjects, etc., are collectively referred to as dishonest information, which is divided into minor dishonest information, general dishonest information, and serious dishonest information.

Operation information includes project performance information, management system assessment information, equipment and facilities information, tax payment information, intellectual property information, qualification information, etc.

Social evaluation information includes credit evaluation result information and so on.

Other information includes credit repair information, credit commitment information, etc.

Article 8 The national water conservancy supervision platform shall, in accordance with the classification of credit information provided for in article 7 of these Measures, comprehensively collect the credit information of the water conservancy construction market operators through filling in and reporting by the water conservancy construction market operators and departmental information sharing, and shall not collect the credit information involving state secrets. The national water conservancy supervision platform collects relevant credit information into the national credit information sharing platform in accordance with regulations.

Water conservancy construction market operators should fill in basic registration information, operation information, administrative incentive information and other credit information on the national water conservancy supervision platform in accordance with law and regulations, upload relevant certification materials, and be responsible for the authenticity, accuracy, completeness and timeliness of credit information and certification materials; Credit information involving state secrets shall not be filled in, and relevant certification materials involving state secrets shall not be uploaded. The water administration department under The State Council may, according to work needs, organize the verification of project performance information, administrative reward information and other important credit information.

Provincial water administrative departments, water conservancy construction market operators credit evaluation agencies can apply to share the credit information of the national water conservancy supervision platform as needed, but need to submit to the water administration department of The State Council to share the data security use commitment, and without the permission of the water administration department of The State Council, may not privately share the data to a third party or for other purposes.

Provincial water administration departments, water conservancy construction market operators and other units that obtain credit information from the national water conservancy supervision platform should establish an information update mechanism to ensure that the credit platform website they manage is consistent with the national water conservancy supervision platform. If the information is inconsistent, the information of the national water conservancy supervision platform shall prevail.

Ninth above the county level water administrative departments and river basin management institutions to make administrative penalties on water conservancy construction market operators, should be made within 7 working days from the date of the relevant decision to enter the relevant information on the national water conservancy supervision platform.

The administrative penalties mentioned in these Measures include warning, notification of criticism, fine, confiscation of illegal income, confiscation of illegal property, suspension of license, revocation of license, reduction of qualification level, order to close down, order to stop production and business, restriction of production and business activities, restriction of employment, no application for administrative license and other administrative penalties prescribed by laws and regulations. Among them, the information of warning, notification and criticism and the administrative penalty of fine made by summary procedure belongs to the information of minor dishonesty, and the information of fine and confiscation of illegal income, confiscation of illegal property, and suspension of license administrative penalty made by ordinary procedure belongs to the general information of dishonesty. Revocation of license, reduction of qualification level, order to close down, order to stop production and business, restriction of production and business activities, restriction of employment, shall not apply for administrative license administrative penalty information belongs to serious dishonest information.

10th above the county level water administrative departments and river basin management institutions in the work of administrative supervision and inspection, water conservancy construction market operators to make interviews, information notification, proposals to terminate the contract and other processing, from the date of relevant processing within 7 working days of the national water conservancy supervision platform input relevant information.

Chapter III credit information publicity

　　Article 11 The disclosure of the credit information of water conservancy construction market operators shall adhere to the principles of legality, objectivity, timeliness, standardization and necessity, abide by the relevant provisions of laws and regulations on the protection of state secrets, trade secrets and personal information, and carry out necessary technical processing.

Article 12 The national water conservancy supervision platform shall not publicize the following credit information collected:

(1) Administrative supervision and inspection information.

(2) Administrative penalty information belonging to minor dishonesty information.

(3) Information on administrative penalties imposed on individuals shall not be publicized in principle.

(4) Information involving state secrets or information prohibited from publication by laws and regulations, and information that may endanger national security, public security, economic security, and social stability after publication.

(5) Information on judicial decisions and their enforcement, information on breach of trust identified by other departments, and credit information outside the business field of the water administrative department.

In addition to the credit information not disclosed as provided in the preceding paragraph, the national water conservancy supervision platform shall publicize the collected credit information in a timely manner, and publicize the relevant credit information through the "credit China" website or provide public inquiry services. Where the same administrative penalty decision involves multiple penalty types, and contains penalties other than those provided for in the preceding paragraph, it shall be publicized.

Water administration departments at or above the county level and basin management agencies may view the credit information not disclosed in the first paragraph after logging in to the national water conservancy supervision platform. After logging in to the national water conservancy supervision platform, water conservancy construction market operators can view the credit information related to it that is not publicized as stipulated in the first paragraph.

13th water conservancy construction market operators credit information publicity content refer to the National Public Credit Information Basic Directory and other relevant documents, mainly including water conservancy construction market operators name, related behavior records, record generation and provision of department information, record status information.

The content of administrative penalty information publicity includes the name of the water conservancy construction market operator, the administrative penalty decision number, the type of illegal behavior, the illegal facts, the punishment basis, the penalty category, the penalty content, the penalty decision date, the deadline for publicity, and the punishment agency.

After logging in to the national water conservancy supervision platform, water conservancy construction market operators can view the written decision on administrative punishment and administrative processing documents such as interviews, information reports, and proposals to terminate contracts collected by the national water conservancy supervision platform.

14th in addition to administrative punishment information, water conservancy construction market operators credit information contains a period of validity, the publicity period is the period of validity; If no validity period is included, the publicity period shall be long-term.

In addition to the administrative penalty information belonging to minor untrustworthy information is not publicized, the administrative penalty information publicity period is calculated from the date of administrative penalty decision, of which the minimum publicity period of administrative penalty information belonging to general untrustworthy information is 3 months, the longest publicity period is 3 years; The minimum publicity period is 1 year, and the maximum publicity period is 3 years for the administrative penalty information involving special equipment, safety production and fire protection.

After the expiration of the minimum publicity period of administrative penalty information, it can apply for early termination of publicity according to the provisions, and the maximum publicity period will be automatically terminated after the expiration of the publicity period.

Where laws and regulations provide disciplinary measures with a time limit for violations, the relevant information publicity period shall follow its provisions.

15th water conservancy construction market operators refuse to accept the decision on administrative punishment, apply for administrative reconsideration or bring an administrative lawsuit, before the end of the relevant procedures, in addition to the administrative reconsideration organs or people's courts found that it is necessary to stop the implementation, the relevant information does not stop the public.

Article 16 Where the administrative penalty decision is revoked or changed according to law, the original penalty authority shall enter the relevant information in the national water conservancy supervision platform within 7 working days. The national water conservancy supervision platform shall promptly revoke or modify the relevant administrative penalty information, synchronously push it to the "Credit China" website, and set up a column to publicize the withdrawal and modification of administrative penalty information within a certain period of time.

Article 17 After the termination of the publicity of the credit information of the main operators of the water conservancy construction market in the national water conservancy supervision platform, it is transferred to the background for long-term storage to ensure that the information is searchable, verifiable and traceable.

Chapter four credit information application

　　Article 18 Water administrative departments at or above the county level and relevant units and social organizations shall, in accordance with laws and regulations or the policy documents of the Party Central Committee and The State Council, and in accordance with the principles of encouraging trustworthiness and punishing dishonesty, establish and improve the credit reward and punishment mechanism, and in the work of administrative licensing, bidding and bidding, government procurement, daily supervision, engineering guarantee and insurance, policy support, commendation and evaluation. Actively apply the credit information of management entities in the water conservancy construction market, but it is not allowed to set up bidding and bidding transaction barriers in the form of credit evaluation, credit scoring, etc., it is not allowed to discriminate between various business entities, and it is not allowed to take the performance of specific administrative regions, the establishment of local branches, and the local payment of taxes and social security as credit evaluation points.

Article 19 For water conservancy construction market operators with good credit standing, water administrative departments at or above the county level may take the following incentive measures within the scope of legal authority in light of the actual situation:

(a) In the field of water conservancy construction administrative licensing and other government services, to provide priority or speed up the processing, acceptance, simplification of procedures and other convenient measures.

(2) In the supervision and inspection of water conservancy construction, the proportion and frequency of inspection should be reasonably reduced.

(3) In the implementation of preferential policies and measures in the field of water conservancy construction, the following are the preferred objects under the same conditions.

(4) When evaluating the first and best in the field of water conservancy construction, priority should be given under the same conditions.

(5) In the tendering and bidding of water conservancy construction projects, project contracting and market transactions, encourage the tenderer and the project legal person to give priority to the same conditions, and give preferential treatment to bidding, performance, quality deposit reduction and reduction, and increase the proportion of project advance payment.

(6) Other incentive measures provided by laws and regulations.

20th water administration departments at or above the county level to implement punishment for dishonesty in water conservancy construction market operators, must be based on the specific facts of dishonesty, laws, regulations or the clear provisions of the policy documents of the Party Central Committee and The State Council as the basis, in accordance with the "National Basic List of disciplinary measures for dishonesty", according to the nature and severity of dishonesty, take moderate and moderate disciplinary measures. Make sure the punishment is equal.

Local water administrative departments at or above the county level shall implement punishments for dishonesty in water conservancy construction market operators, and shall supplement the list of local disciplinary measures for dishonesty.

Article 21 For the water conservancy construction market operators that are subject to administrative penalties publicized by the national water conservancy supervision platform, the water administration departments at or above the county level will list them as key supervision objects, increase daily supervision efforts, and appropriately increase the proportion and frequency of on-site inspections and spot checks.

Article 22 Where the national water conservancy supervision platform revokes or terminates the publicity of administrative penalty information, the disciplinary measures for breach of trust taken by the water conservancy administrative departments above the county level against the relevant water conservancy construction market operators will be terminated.

Article 23 Water administrative departments at or above the county level shall establish and apply the credit commitment system in accordance with laws and regulations in the work of administrative management and government services, and record the performance of the commitments of the market operators of water conservancy construction in credit information as an important basis for supervision and management.

For the certification matters and business license matters involving the implementation of the notification commitment system, the management entity of the water conservancy construction market has serious dishonest information or has made false promises, etc., the notification commitment system is not applicable before the credit information is repaired.

Chapter V credit information restoration

　　Article 24 The credit information repair referred to in these measures refers to the water conservancy construction market operation subject to a certain period of constraint due to dishonesty, in the performance of statutory obligations, correct dishonesty after the application to the punishment organ, by the punishment organ in accordance with the provisions of the review and approval, by terminating the public information of administrative penalties, etc. Help them to remove the restrictions of disciplinary measures for dishonesty and restore credit activities.

25th water conservancy construction market operators enjoy the right to repair credit information in accordance with law. In addition to laws, regulations and the policy documents of the Party Central Committee and The State Council clearly stipulate that it is not repairable, water conservancy construction market operators who meet the relevant conditions can apply for credit information repair as required.

When water administration departments at all levels and watershed management agencies deliver the administrative penalty decision to the water conservancy construction market operators, they may simultaneously deliver the credit repair notice to inform them of the credit information repair policy, including the administrative penalty information publicity platform website, the minimum publicity period, the right to repair, the conditions for repair, and the repair procedure.

26th water conservancy construction market operators apply for credit information restoration, should meet the following conditions:

(1) Fully perform the obligations stipulated in the written decision on administrative punishment and correct illegal acts.

(2) In addition to the information of administrative penalties that are minor untrustworthy information is not publicized, the publicity period of administrative penalty information reaches the minimum publicity period stipulated in the second paragraph of Article 14 of these measures, and there is no situation stipulated in the fourth paragraph.

(3) Make a credit commitment, the content of the commitment should include the submitted materials are true and effective, and clearly willing to bear the corresponding responsibility for violating the commitment.

Article 27 Credit information repair shall follow the following procedures:

(1) Application. Water conservancy construction market operators can log in to the "credit China" website to submit credit information repair applications, upload the faithless behavior has been corrected, the legal responsibilities and obligations of the completion of the certification materials and letter of credit commitment.

(2) Acceptance. The punishment authority shall make a decision on whether to accept the credit repair application within 5 working days after receiving it, and if the application materials are complete and meet the requirements, it shall accept the application; If the application is not accepted, the applicant shall be informed and the reasons shall be given.

(3) Review. The punishment authority shall complete the audit within 20 working days from the date of acceptance, and input the credit repair results into the national water conservancy supervision platform, which will be simultaneously pushed to the "Credit China" website. For those who agree to repair, the national water conservancy supervision platform shall terminate the publicity of administrative punishment information in a timely manner.

Chapter VI Protection of Rights and Interests

　　Article 28 The national water conservancy supervision platform shall strengthen the construction of credit information security infrastructure and security protection capabilities to ensure information security. In accordance with the requirements of protecting the rights and interests of water conservancy construction market operators, clarify the authority and procedures for information query and use, make systematic filing and determination of security protection levels in accordance with the "Management Measures for Information Security Level Protection", encrypt and protect important information, improve the registration and review system for information query and use, and prevent information from being stolen or leaked.

Article 29 Water administrative departments at or above the county level shall collect and use personal information in strict accordance with the National Basic Catalogue of Public Credit Information and the local supplementary catalogue of public credit information, clearly stating the purpose, method and scope of the collection and use of information, and with the consent of the person, if laws and regulations provide otherwise, they shall follow their provisions.

30th water conservancy construction market operators on its administrative penalty information publicity, publicity content, publicity period and credit repair results have objections, can log in the "credit China" website to submit complaints and relevant certification materials. The punishment authority shall complete the processing within 7 working days after receiving the complaint materials, and enter the processing results in the national water conservancy supervision platform, and push the national water conservancy supervision platform to the "Credit China" website simultaneously. If the verification is wrong, the relevant credit information shall be corrected in time; If the verification is correct, the party concerned shall be informed and the reasons given.

Where the water conservancy construction market operator does not recognize the result of the dissent handling, or thinks that the punishing agency has violated its legitimate rights and interests, it may file an administrative lawsuit with the people's court where the punishing agency is located.

Chapter VII Supervision and administration

　　Article 31 Water administrative departments at or above the county level shall strengthen the supervision and inspection of the credit information management of the market operators of water conservancy construction, urge the rectification of the problems found within a time limit, and take such measures as interview and notification when necessary; If it is necessary to investigate the responsibility of the leading personnel who are responsible or the persons directly responsible, the matter shall be dealt with according to law or suggestions shall be put forward to the competent authorities.

Article 32 Any unit or individual that finds that the national water conservancy supervision platform has falsified the credit information of market operators of water conservancy construction may report to the water conservancy administrative department under The State Council. The water administration department under The State Council shall organize verification and treatment.

33rd water conservancy construction market operators in the national water conservancy supervision platform to fill in the credit information in violation of the credit commitment to conceal the relevant situation or provide false information, recorded in its credit information, and be publicized, according to the relevant laws and regulations punishment; Whoever is suspected of committing a crime shall be transferred to a judicial organ for investigation of criminal responsibility according to law.

34th provincial water administrative departments, credit evaluation institutions without the permission of the water administrative department under The State Council, the shared national water conservancy supervision platform credit information transferred to a third party or for other purposes, or the management of the credit platform, the website does not update the cancellation, modification, repair information in a timely manner, The water administration department under The State Council may suspend or cancel the sharing of information with it.

35th water conservancy construction market operators in the application for credit information repair to provide false materials, credit commitment is seriously untrue or intentionally do not fulfill commitments and other circumstances, by the punishment authorities in accordance with the provisions of Article 9 of the measures to submit the relevant information, in the national water conservancy supervision platform for 3 years and shall not be terminated in advance of the publicity, publicity period shall not apply for credit information repair; Whoever is suspected of committing a crime shall be transferred to a judicial organ for investigation of criminal responsibility according to law.

36th above the county level water administrative departments, the national water conservancy supervision platform operation and maintenance units and other relevant units and their staff, in violation of the provisions of these measures, have one of the following acts, by the competent authorities to order correction; If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given sanctions according to law; Where a crime is suspected, it shall be transferred to a judicial organ for investigation of criminal responsibility according to law:

(1) Failure to submit, collect and publicize the credit information of water conservancy construction market operators as required.

(2) fabricating, tampering, and illegally deleting the credit information of water conservancy construction market operators.

(3) divulging the credit information of water conservancy construction market operators involving state secrets, trade secrets and personal privacy.

(4) Illegally obtaining and selling credit information of water conservancy construction market operators.

(5) failure to perform the duties of objection information processing and credit repair in accordance with the law.

(6) illegal implementation of trustworthy incentives and punishment measures for dishonesty.

(7) Other acts that violate laws and regulations or fail to perform duties in accordance with the provisions of these Measures.

Chapter VIII Supplementary Provisions

　　Article 37 The management of credit information in other business areas of the water conservancy industry shall be carried out with reference to these Measures. Where there are other provisions by the water administration department under The State Council, such provisions shall prevail.

Article 38 The credit platform websites established by the provincial water administrative departments shall carry out credit information management with reference to these Measures.

Provincial water administrative departments may, in accordance with these measures and combined with the actual conditions of the region, formulate implementation rules for credit information management.

Article 39 Measures for the management of the list of seriously untrustworthy subjects in the water conservancy construction market, the list of key supervision objects in the field of soil and water conservation of production and construction projects and the management measures for the list of seriously untrustworthy subjects shall be separately formulated by the water administration department under The State Council.

Article 40 These Measures shall come into force as of November 1, 2024. The original "Water Conservancy Construction market entities Credit Information Management Measures" (water construction management (2019) No. 306) repealed at the same time.