Opinions on Appropriately Restricting, for a Specified Period, the Use of Civil Aircraft by Certain Persons with Serious Dishonesty, and on Promoting the Development of the Social Credit System

To the leading units responsible for building the social credit system, the Offices of Spiritual Civilization, the Higher People’s Courts, the Departments (Bureaus) of Finance, the Departments (Bureaus) of Human Resources and Social Security, the State Taxation Administration, the Local Taxation Bureaus, the branch institutions of the China Securities Regulatory Commission, the regional administrations of civil aviation, all transport (general‑purpose) airlines and airport companies, as well as the China Civil Aviation Information Group and the Airport Public Security Bureaus, in all provinces, autonomous regions, municipalities directly under the central government, and the Xinjiang Production and Construction Corps:

In order to thoroughly study and implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the spirit of the 19th National Congress of the Communist Party of China, to carry out General Secretary Xi Jinping’s important instructions on establishing a comprehensive credit‑based punishment framework characterized by “discredit in one area, restrictions everywhere,” and in accordance with the requirements of the State Council’s Guiding Opinions on Establishing and Improving the Joint Incentive System for Trustworthiness and the Joint Punishment System for Distrustworthiness to Accelerate the Development of Social Integrity (Document No. 33 [2016] of the State Council), and to mitigate the adverse impact of unlawful conduct by certain passengers on civil aviation flight safety while further strengthening penalties for serious violations of law and breaches of trust in other sectors, the following measures are hereby proposed to restrict specific individuals who have committed serious acts of dishonesty from taking civil aircraft.

I. Scope of Restrictions

(1) Passengers who, at the airport or aboard an aircraft, engage in any of the following acts and are subject to administrative penalties by public security organs or are held criminally liable:

1. Fabricating or deliberately disseminating false terrorist information that endangers civil aviation security;

2. Using forged, altered, or impersonated identification documents or boarding passes of others;

3. Blocking, forcibly occupying, or storming check-in counters, security checkpoints, or boarding gates (passages);

4. Carrying or checking in dangerous goods, prohibited items, or controlled items as stipulated by national laws and regulations; intentionally concealing in carry-on or checked baggage items that, though not expressly listed in national regulations, are nonetheless prohibited or restricted for air transport.

5. Illegally boarding or occupying aircraft, intercepting aircraft, or forcibly entering or storming the aircraft cockpit, runways, or aprons;

6. Obstructing or inciting others to obstruct civil aviation personnel, such as flight crew, security inspectors, and check-in staff, in the performance of their duties, or committing or threatening to commit physical assault;

7. Occupying seats or overhead bins, engaging in fights or brawls, provoking trouble, or intentionally damaging, stealing, or unauthorizedly opening aircraft or aviation facilities and equipment—any conduct that disrupts cabin order;

8. Using open flames, smoking, or improperly using electronic devices aboard an aircraft, and refusing to heed warnings;

9. Theft of another person’s property aboard an aircraft.

(2) Persons held accountable for serious violations of laws and breaches of trust in other fields

1. Parties involved in serious tax law violations who have the ability to perform but refuse to do so;

2. Individuals responsible for serious breaches of trust in the management and use of public funds, including falsification, false reporting to fraudulently obtain funds, fraudulent appropriation, misappropriation or diversion of funds, and failure to repay due debts owed to international financial institutions and foreign governments;

3. In the field of social insurance, the following constitute serious acts of dishonesty by responsible parties: an employer fails to participate in social insurance as required by relevant regulations and refuses to rectify the situation; an employer makes false declarations regarding the social insurance contribution base and refuses to correct such inaccuracies; an employer is obligated to pay social insurance premiums and has the financial capacity to do so but refuses to make payment; an employer conceals, transfers, misappropriates, or diverts social insurance funds, or engages in unauthorized investment or management of such funds; an individual obtains social insurance benefits through fraud, falsification of supporting documents, or other illicit means; a social insurance service provider violates the service agreement or applicable regulations; or an entity refuses to cooperate with the social insurance administrative authority in investigating and verifying accidents or issues.

4. Securities and futures violations resulting in fines and confiscations that remain unpaid after the deadline; or listed companies’ relevant liable parties failing to fulfill their public commitments by the prescribed deadline;

5. Those who have been subject to consumption restriction measures by the people’s court in accordance with relevant provisions, or who have been lawfully included on the list of discredited persons subject to enforcement;

6. Individuals who have been identified by the relevant authorities as engaging in other serious acts of dishonesty that warrant restrictions on their use of civil aircraft shall be explicitly listed in this document through an amendment thereto, should the relevant authorities add them to the list.

II. Information Collection

(1) Collection of Dishonesty Information Related to Civil Aviation Passengers

The Civil Aviation Administration shall coordinate with public security organs and the people’s courts to establish an information‑sharing mechanism. Where individuals have been subject to administrative penalties or criminal prosecution by public security organs for conduct listed in paragraph (1) of Part I of these Opinions, the public security organ that imposed the penalty and the people’s court that rendered the judgment shall transmit the relevant list to the Civil Aviation Administration, which shall, in accordance with prescribed procedures, add such individuals to the list of those restricted from boarding civil aircraft.

(II) Collection of Dishonesty Information in Other Relevant Fields

The National Development and Reform Commission, the Supreme People’s Court, the Ministry of Finance, the Ministry of Human Resources and Social Security, the State Taxation Administration, and the China Securities Regulatory Commission shall consolidate into the National Credit Information Sharing Platform the lists of individuals identified by their respective departments as subject to flight‑restriction measures due to serious breaches of trust. The Platform will then transmit these lists to the Civil Aviation Administration of China, which will, in accordance with prescribed procedures, add the relevant parties to the flight‑restriction list. Where data‑transmission channels have already been established with the Civil Aviation Administration of China to enable information sharing, the original channels and methods may be maintained; in such cases, the National Credit Information Sharing Platform will not duplicate the transmission of list information.

The list information submitted to the Civil Aviation Administration shall include: the names of individuals listed on the restricted‑flight list, their travel document numbers, and the reasons for their inclusion. Where a legal document serves as the basis for such listing, the name and number of that legal document shall also be provided. The relevant authorities shall designate an officer responsible for handling objections to the list and notify the Civil Aviation Administration accordingly.

III. Publication, Enforcement, and Remedies of Rights

In accordance with prescribed procedures, the Civil Aviation Administration of China publishes the list of individuals subject to travel restrictions on the designated civil aviation website and the “Credit China” website on the first working day of each month. The department responsible for handling objections, along with its contact information, shall be made public simultaneously. The list shall remain publicly available for a period of seven working days from the date of publication. During this publicity period, the listed individual may file an objection with the relevant authorities. Upon expiration of the publicity period, if no objection is filed or if any filed objection is reviewed and dismissed, the list shall take effect. Individuals included on the travel restriction list who believe their inclusion was erroneous may request a review from the competent authorities or organizations.

IV. Removal Mechanism

Specifically, severely untrustworthy individuals shall be appropriately restricted from taking civil aircraft for a specified period. Once the relevant entities are removed from the list of persons subject to travel restrictions, such restrictions shall no longer apply. The specific procedures for removal are as follows:

(1) For specific individuals who have seriously breached trust and whose conduct has severely jeopardized civil aviation flight safety and operational safety, the restriction on boarding civil aircraft shall be valid for one year, commencing from the date the public notice period expires, and shall automatically lapse upon expiration of the one-year period.

(2) The list of individuals subject to restrictions on boarding civil aircraft in other sectors shall be valid for one year, calculated from the date the public notice period expires; upon expiration of the one-year period, such individuals shall be automatically removed. During the validity period, if the relevant legal obligations have been fulfilled, the competent authorities shall, within seven working days, notify the Civil Aviation Administration of China to remove the individual’s name from the list.

Where the transportation of criminal suspects or offenders by air is required, the escorting department shall submit an application to the Civil Aviation Administration, whereupon such restriction shall be temporarily lifted.

V. Litigation Guidance

The Supreme People’s Court has strengthened its guidance over people’s courts at all levels, ensuring that civil and administrative lawsuits arising from the implementation of the list of individuals restricted from air travel are handled in accordance with the law. It has clarified adjudication standards, upheld impartial justice, and safeguarded the legitimate rights and interests of all parties.

VI. Publicity Work

The signatory entities of these Opinions, together with all air transport (general aviation) companies, airport operators, and relevant civil aviation associations, shall leverage various media platforms to harness the public’s capacity for information dissemination and guidance, and vigorously carry out publicity and educational campaigns on civil aviation credit. By taking advantage of public‑interest events such as “Integrity Promotion Week,” “Work Safety Month,” “Integrity‑Driven Business Promotion Month,” “March 15 International Consumer Rights Day,” “June 14 Credit Record Care Day,” and “December 4 National Legal Awareness Day,” they should systematically and strategically introduce and publicize the content and implementation of the system restricting travel on civil aircraft, thereby helping the general public become familiar with this system and effectively oversee its enforcement.

This notice shall take effect as of May 1, 2018.

National Development and Reform Commission

Civil Aviation Administration

Central Office for Spiritual Civilization

Supreme People’s Court

Ministry of Finance

Ministry of Human Resources and Social Security

State Taxation Administration

China Securities Regulatory Commission

March 2, 2018