Opinions concerning Appropriately Limiting Specific Gravely Untrustworthy Persons from Riding Trains for a Certain Period, and Promoting the Construction of the Social Credit System
All provincial, autonomous region, municipal and Xinjiang Production-Construction Corps social credit system construction leading work units, spiritual civilization offices, higher-level people’s courts, finance offices (bureaus), human resources and social security offices (bureaus), the State Administration of Taxation, local taxation bureaus, all delegated agencies of the China Securities Regulatory commission, railway transportation enterprises, the Academy of Railway Science, and all railway public security bureaus:
In order to deeply implement the spirit of Xi Jinping’s Thought on Socialism in a New Era of Socialism with Chinese Characteristics and the 19th Party Congress, implement General Secretary Xi Jinping’s important instructions concerning building an overall credit punishment structure where “untrustworthiness in one place, leads to constraints everywhere”, according to the requirements of the “State Council Guiding Opinions concerning Establishing and Perfecting Systems for the Joint Encouragement of Trustworthiness and Joint Punishments of Untrustworthiness, and Accelerating the Construction of Social Sincerity” (GF No. (2016)33), prevent detrimental influence of the unlawful and untrustworthy conduct of some passengers on railway operations and security, further strengthen punishment against gravely unlawful and untrustworthy conduct in other areas, hereby, the following opinions are provided on limiting specific gravely untrustworthy persons from riding trains.
I, Scope of restrictions
(1) Persons responsible for acts gravely influencing railway operational security and production security, who are fined by public security bodies or determined as such by railway station or train work units:
- those disrupting the operational order of railway stations and rains, and endanger railway security, resulting in grave social harmful influence;
- those smoking in multiple train units or smoking in non-smoking areas on other trains;
3 those investigated and prosecuted for scalping rail tickets, or producing and peddling in counterfeit tickets;
- those illegally using preferential (special) identity documents, or using forged or invalid preferential (special) identity documents to purchase tickets;
- those holding counterfeit, expired or other invalid rail tickets or illegally using supplementary tickets reported as lost to board trains;
- those boarding trains without tickets, or exceed the ticketed distance and refuse to buy a supplementary ticket;
- those who should be subject to administrative punishment on the basis of relevant laws and regulations.
The persons responsible for the abovementioned conduct are restrained from riding trains.
(2) Relevant responsible persons for gravely unlawful conduct in other areas
- parties in major cases of tax violations who have the capability to implement, but do not implement, the judgment;
- persons responsible for gravely untrustworthy conduct in the area of financial management and use, who have engaged in fraud and deception, have made fraudulent applications or claims, obtained assets through fraud, withheld or diverted funds, or are in arrears in maturing debts issued by foreign financial organizations or foreign governments;
- persons responsible for the gravely untrustworthy conduct in the area of social security, under the following circumstances: employing work units who do not participate in social security according to regulations and refuse to rectify the matter; employing work units who do not report social security payment numbers accurately and refuse to rectify the matter; those who should pay social security fees and have the capability to do so, but refuse to pay them; those who hide, divert, seize, or embezzle social security funds or invest them in operations in violations of regulations; those who fraudulently obtain social security benefits through deception, forging evidence materials or other means; social security service bodies who violate service agreements or relevant regulations; those who refuse to assist social science administration departments’ examination and verification of accidents and problems;
- those who have not paid fines or confiscated income for unlawful acts concerning securities or futures within the time limit; responsible subjects within publicly traded enterprises who have not carried out their public commitments within the time limit;
- those subject to consumption restriction measures adopted according to the law by a people’s court according to regulations, or have been entered on the name list for untrustworthy persons subject to enforcement;
- where relevant departments believe persons responsible for other gravely untrustworthy conducts should be barred from riding high-level seats in trains, and the relevant department will join this document, it shall be clarified through a revision of this document.
The responsible persons for the abovementioned conduct are barred from riding high-level seats in trains, including soft sleepers, all seats in G-lettered multiple unit trains, and first or upper class seats in other multiple unit trains.
II, Information collection
(1) Information collection about untrustworthiness of railway passengers
When the abovementioned conduct occurs in railway stations or trains, and a public security body imposes administrative punishment or files a criminal case, the relevant railway public security bureau notifies the relevant railway bureau group limited company, and enters them on the punishment name list. Where abovementioned conduct is not handled by a public security body, relevant audiovisual evidence collected by railway station or train employees or a witness testimony by 2 or more passengers or a written statement by the responsible person for the conduct him or herself, is to be reported to the railway operating enterprise for examination and verification, after which they are entered on the name list.
(2) Information collection about untrustworthiness in other areas
The National Development and Reform Commission, Supreme People’s Court, Ministry of Finance, Ministry of Human Resources and Social Security, State Administration of Taxation, and Securities Regulatory Commission will enter the name list of persons who these institutions determine should be barred from traveling in high-level seats in trains for gravely untrustworthy conduct into the nationwide credit information sharing platform, this will be sent from the platform to the General Railway Company, which will enter them into the name list of persons barred from riding in high-class sears on trains according to State-prescribed procedure. If data transmission channels have already been established or name list information sharing is realized with the General Railway Company, it is permitted to maintain the original data transfer channels and information sharing method, and the national credit information sharing platform no longer needs to duplicate the transmission of the name list information.
Name list information provided to the General Railway Company shall include: the name, traveling ID number, and reason for listing on the list of persons barred from traveling in high-level seats on trains, where there is a legal document acting as basis, the name and number of the said legal document should be provided as well. Relevant departments shall determine a person to handle name list complaints, and will report this to the General Railway Company.
III, Publication, implementation and restoration of privileges
All railway operations enterprises shall publish, on the first working day of every morning, on the China Railway Passenger Service Centre (12306) website and the “Credit China” website, the complete information of the name list for persons barred from purchasing train tickets, the contact method for the person handling disputes in relevant departments shall be published simultaneously. The name list publication period will last for seven working days after the date of publication, within the publication date, persons on the list may put forward objections through the railway’s “12306” passenger service telephone or with the relevant department, after the end of the publication period, where persons on the list have not put forward an objection or the objection they put forward has been examined but rejected, all railway operations enterprises begin implementing punitive measures according to the published name list. Where persons entered on the name list of persons barred from buying train tickets believe they have been listed erroneously, they may apply for review with relevant bodies or work units.
IV, Removal mechanisms
Specific gravely untrustworthy persons will be appropriately barred from riding trains for a certain period. After a relevant subject is removed from the name list of persons barred from riding trains, they are no longer subject to restrictive measures from riding trains, the concrete removal method is as follows:
(1) Where a person is responsible for conduct gravely influencing railway operational security and production security as listed in Clauses 1-3 and 7, all railway operations enterprises will bar them from purchasing tickets for a period of 180 days, to be calculated from the concluding date of the period of publication where there is no valid objection, after the 180 days, they are removed automatically, and railway operations enterprises will restore ticket sales to them.
(2) Where a person is responsible for conduct gravely influencing railway operational security and production security as listed in Clauses 4-6, all railway transportation enterprises will bar them from purchasing ticket. Where the responsible person pays back the ticket fare they owe (to be calculated from the day after upgrading the ticket) railway operations enterprises will restore ticket sales to them; where the responsible person acts in violation of Clauses 4-6 for three times within a year after amending the first ticket fare they owed, and the responsible person pays back the fare they owe within 90 days (including 90 days), the railway operations enterprise restores ticket sales to them, where they do not pay back the owed ticket fare, railway operations enterprises will not restore ticket sales.
(3) The name list of persons barred from traveling in high-level seats on trains produced in other areas is valid for a period of one year, to be calculated from the end day of the publication period, after the year is finished, they are removed automatically; within the period of validity, if their statutory duties have been completed or fulfilled, the relevant depart shall notify the General Railway Company to remove them from the name list within 7 working days.
V, Litigation guidance
The Supreme People’s Court will strengthen guidance over all levels’ people’s courts, to deal according to the law with relevant civil lawsuits or administrative lawsuits triggered by implementation of the name list barring train travel, it will clarify trial standards, administer justice impartially, in order to safeguard all sides’ lawful rights and interests.
VI, Propaganda work
All relevant departments and all railway operations enterprises shall, with the assistance of all kinds of media platforms, give rein to their public opinion propaganda guidance role, forcefully launch railway credit propaganda dissemination and education activities. Use the “Sincerity Event Week”, the “Secure Production Month”, the “Sincere Commerce Propaganda Month”, the “15 March International Consumer Rights Protection Day”, the “14 June Credit Record Care Day”, the “4 December National Legal System Propaganda Day” and other such public interest activities, to propagate the content and implementation situation of the system to restrict train travel, and assist the broad social public to learn about and supervise the implementation of this system.
This Notice will be implemented from 1 May 2018.
National Development and Reform Committee
Central Spiritual Civilization Office
Supreme People’s Court
Ministry of Finance
Ministry of Human Resources and Social Security
State Administration of Taxation
Securities Regulatory Commission
General Railway Company
2 March 2018.
中 央 文 明 办
财 政 部
税 务 总 局
证 监 会
铁 路 总 公 司