(2012 65438+adopted at the 228th executive meeting in the State Council on February 26th, 20 13 65438+ 10/0/0, promulgated by the State Council Decree No.631of the People's Republic of China, since 20/kloc-.
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of regulating credit investigation activities, protecting the legitimate rights and interests of parties, guiding and promoting the healthy development of credit investigation industry and promoting the construction of social credit system.
Article 2 These Regulations shall apply to the credit investigation business and related activities in China.
The term "credit business" as mentioned in these Regulations refers to the activities of collecting, sorting, saving and processing the credit information of enterprises, institutions and other organizations (hereinafter referred to as enterprises) and individuals, and providing them to information users.
The provisions of Chapter V of these Regulations shall apply to the collection, collation, preservation, processing and provision of information in the basic database of financial credit information established by the state.
These Regulations do not apply to the collection, collation, preservation, processing and publication of enterprise and personal information by state organs and organizations authorized by laws and regulations to manage public affairs in accordance with laws, administrative regulations and the provisions of the State Council.
Article 3 Anyone who engages in credit investigation business and related activities shall abide by laws and regulations, be honest and trustworthy, and shall not endanger state secrets or infringe on business secrets and personal privacy.
Article 4 The People's Bank of China (hereinafter referred to as the supervision and administration department of credit information industry in the State Council) and its dispatched offices shall supervise and administer the credit information industry according to law.
The local people's governments at or above the county level and the relevant departments of the State Council should promote the construction of social credit system in their own regions and industries, cultivate the credit information market and promote the development of the credit information industry.
Chapter II Credit Information Agency
Article 5 The term "credit reporting institutions" as mentioned in these Regulations refers to institutions established according to law and mainly engaged in credit reporting business.
Article 6 The establishment of a credit reporting agency engaged in personal credit reporting business shall meet the company establishment conditions and the following conditions stipulated in the Company Law of People's Republic of China (PRC), and be approved by the supervision and administration department of credit reporting industry in the State Council:
(1) The major shareholder has a good reputation and has no record of major violations of laws and regulations in the last three years;
(2) Its registered capital is not less than 50 million yuan;
(3) Having facilities, equipment, systems and information security measures that meet the requirements of the supervision and administration department of credit reporting industry in the State Council;
(4) The directors, supervisors and senior managers to be appointed meet the post-holding requirements as stipulated in Article 8 of these Regulations;
(five) other prudential conditions stipulated by the supervision and administration department of the State Council credit information industry.
Article 7 To apply for the establishment of a credit reporting agency engaged in personal credit reporting business, an application form and supporting materials that meet the conditions stipulated in Article 6 of these Regulations shall be submitted to the supervision and administration department of credit reporting industry in the State Council.
The supervision and administration department of the State Council credit information industry shall conduct a review according to law, and make a decision of approval or disapproval within 60 days from the date of accepting the application. If it decides to approve, it will issue a personal credit information business license; If it is not approved, it shall explain the reasons in writing.
A credit reporting agency established upon approval to engage in personal credit reporting business shall register with the company registration authority with a business license for personal credit reporting business.
Without the approval of the supervision and administration department of the State Council credit information industry, no unit or individual may engage in personal credit information business.
Article 8 Directors, supervisors and senior managers of credit reporting institutions engaged in personal credit reporting business shall be familiar with relevant laws and regulations on credit reporting business, have credit reporting experience and management ability required for performing their duties, have no record of major violations of laws and regulations in the last three years, and have obtained the post qualifications approved by the supervision and administration department of credit reporting industry in the State Council.
Article 9 The establishment of branches, merger or division, change of registered capital, change of shareholders whose capital contribution accounts for more than 5% of the company's total capital or whose shares account for more than 5% of the company's shares shall be approved by the supervision and administration department of the State Council Credit Information Industry.
If the name of the credit reporting agency that operates the personal credit reporting business changes, it shall be filed with the supervision and administration department of the State Council credit reporting industry.
Article 10 The establishment of a credit reporting agency engaged in enterprise credit reporting business shall meet the conditions stipulated in the Company Law of People's Republic of China (PRC), and shall, within 30 days from the date of approval and registration by the company registration authority, handle the filing with the agency dispatched by the local credit reporting supervision and management department of the State Council, and provide the following materials:
(1) Business license;
(2) Description of the ownership structure and organization;
(3) Basic information on business scope, business rules and business system;
(4) Information security and risk prevention measures.
Where the record items are changed, the original record-keeping institution shall handle the change record within 30 days from the date of change.
Eleventh credit reporting institutions shall, in accordance with the provisions of the supervision and administration department of credit reporting industry in the State Council, report the credit reporting business in the previous year.
The supervision and administration department of the State Council credit information industry shall announce to the public the list of credit information institutions engaged in personal credit information business and enterprise credit information business, and update it in time.
Article 12 Where a credit reporting agency is dissolved or declared bankrupt according to law, it shall report to the supervision and administration department of credit reporting industry in the State Council, and handle the information base in the following ways:
(a) agreed with other credit reporting agencies and agreed by the supervision and administration department of the State Council credit reporting industry, and transferred to other credit reporting agencies;
(two) in accordance with the provisions of the preceding paragraph can not be transferred, transferred to the the State Council credit supervision and management departments designated credit institutions;
(three) can not be transferred or handed over in accordance with the provisions of the preceding two paragraphs, destroyed under the supervision of the supervision and administration department of the State Council credit industry.
Where a credit reporting agency that operates personal credit reporting business is dissolved or declared bankrupt according to law, it shall also make an announcement in the media designated by the credit reporting supervision and management department of the State Council, and submit the personal credit reporting business license to the credit reporting supervision and management department of the State Council for cancellation.
Chapter III Rules for Credit Information Business
Article 13 Personal information shall be collected with the consent of the information subject, and shall not be collected without its consent. However, information disclosed in accordance with laws and administrative regulations is excluded.
Information related to the performance of duties by directors, supervisors and senior managers of an enterprise shall not be regarded as personal information.
Article 14 It is forbidden for credit reporting agencies to collect personal religious beliefs, genes, fingerprints, blood types, diseases and medical history information and other personal information prohibited by laws and administrative regulations.
Credit institutions shall not collect information such as personal income, deposits, securities, commercial insurance, real estate and tax payment. However, unless the credit reporting agency explicitly informs the information subject of the possible adverse consequences of providing information and obtains its written consent.
Fifteenth information providers to provide personal bad information to credit reporting agencies, should inform the information subject in advance. However, bad information disclosed in accordance with laws and administrative regulations is excluded.
Article 16 The retention period of personal bad information of credit reporting agencies is five years from the date of termination of bad behavior or incident; More than 5 years, should be deleted.
During the retention period of bad information, the information subject may explain the bad information, and the credit reporting institution shall record it.
Seventeenth information subjects can inquire about their own information from credit reporting agencies. The subject of personal information has the right to get my credit report twice a year for free.
Article 18 Anyone who inquires personal information from a credit reporting agency shall obtain the written consent of the information subject and agree to use it. However, unless the law stipulates that it can be inquired without consent.
Credit institutions shall not provide personal information in violation of the provisions of the preceding paragraph.
Article 19 Where a credit reporting agency, information provider or information user obtains the consent of the subject of personal information by using the terms of the standard contract, it shall make a prompt in the contract that is enough to attract the attention of the subject of information and make a clear explanation according to the requirements of the subject of information.
Article 20 Information users shall use personal information in accordance with the purposes agreed with the subject of personal information, and shall not use it for purposes other than those agreed upon, and shall not provide it to a third party without the consent of the subject of personal information.
Twenty-first credit institutions can collect enterprise information through information provided by information subjects, enterprise counterparties and industry associations, information disclosed by relevant government departments according to law, and judgments and rulings published by people's courts according to law.
Credit institutions shall not collect enterprise information prohibited by laws and administrative regulations.
Twenty-second credit institutions shall, in accordance with the provisions of the supervision and administration department of the State Council credit industry, establish and improve and strictly implement the rules and regulations to ensure information security, and take effective technical measures to ensure information security.
A credit reporting agency engaged in personal credit reporting business shall clarify the authority and procedures for its staff to inquire about personal information, register the staff to inquire about personal information, and truthfully record the staff's name, inquiry time, content and purpose. Staff members shall not query information in violation of the prescribed authority and procedures, and shall not disclose the information obtained in their work.
Twenty-third credit institutions should take reasonable measures to ensure the accuracy of the information they provide.
The information provided by credit reporting agencies is for information users' reference only.
Article 24 The collation, preservation and processing of information collected by credit reporting agencies within the territory of China shall be conducted within the territory of China.
When providing information to overseas organizations or individuals, credit reporting agencies shall abide by laws, administrative regulations and the relevant provisions of the supervision and administration department of credit reporting industry in the State Council.
Chapter IV Objections and Complaints
Twenty-fifth information subjects believe that there are errors or omissions in the information collected, saved and provided by credit reporting institutions, and have the right to raise objections to the credit reporting institutions or information providers and ask for correction.
Credit institutions or information providers that have received objections shall mark the relevant information with objections in accordance with the provisions of the supervision and administration department of credit reporting industry in the State Council, check and handle it within 20 days from the date of receiving the objections, and give a written reply to the dissidents.
After verification, it is confirmed that the relevant information is indeed wrong or omitted, and the information provider and the credit reporting agency shall correct it; If it is confirmed that there is no mistake or omission, the objection mark shall be cancelled; If it cannot be confirmed after verification, the verification and objection shall be recorded.
Twenty-sixth information subjects believe that credit reporting agencies or information providers or information users infringe upon their legitimate rights and interests, they can complain to the local credit reporting supervision and management department of the State Council.
The institution accepting the complaint shall promptly verify and handle it, and give a written reply to the complainant within 30 days from the date of acceptance.
If the information subject thinks that the credit reporting agency, information provider or information user has infringed upon their legitimate rights and interests, they may directly bring a lawsuit to the people's court.
Chapter V Basic Database of Financial Credit Information
Article 27 The State establishes a basic database of financial credit information to provide relevant information services for preventing financial risks and promoting the development of the financial industry.
The basic database of financial credit information is constructed, operated and maintained by professional operating institutions. This operating institution is not for profit, and it is supervised and managed by the supervision and management department of the State Council Credit Information Industry.
Article 28 The basic database of financial credit information receives credit information provided by institutions engaged in credit business according to regulations.
The basic database of financial credit information provides inquiry service for the information subject and the information user with the written consent of the information subject. State organs can inquire about the information in the basic database of financial credit information according to law.
Twenty-ninth institutions engaged in credit business shall provide credit information to the basic database of financial credit information in accordance with the provisions.
Institutions engaged in credit business shall obtain the written consent of the information subject in advance to provide credit information to the basic database of financial credit information or other subjects, and the provisions of these Regulations on information providers shall apply.
Article 30 Financial institutions that are not engaged in credit business provide and inquire about credit information to the basic database of financial credit information, and the specific measures for the basic database of financial credit information to receive the credit information provided by them shall be formulated by the supervision and administration department of credit information industry in the State Council in conjunction with the relevant financial supervision and administration institutions in the State Council according to law.
Thirty-first financial credit information database operators can charge inquiry service fees according to the principle of cost compensation, and the charging standard shall be stipulated by the competent price department of the State Council.
Article 32 Article 14, Article 16, Article 17, Article 18, Article 22, Article 23, Article 24, Article 25 and Article 26 of these Regulations are applicable to financial credit information basic database operators.
Chapter VI Supervision and Administration
Article 33 The supervision and administration department of credit information industry in the State Council and its dispatched offices shall, in accordance with laws, administrative regulations and the provisions of the State Council, perform their duties of supervision and administration of credit information business institutions and basic databases of financial credit information, and may take the following supervision and inspection measures:
(a) to enter the credit information institutions and financial credit information basic database operators to conduct on-site inspections, and to check the compliance of institutions providing or inquiring information to the financial credit information basic database with the relevant provisions of these Regulations;
(two) ask the parties and the units and individuals related to the investigated events, and ask them to explain the matters related to the investigated events;
(three) to consult and copy the documents and materials related to the incident under investigation, and to seal up the documents and materials that may be transferred, destroyed, concealed or tampered with;
(four) check the relevant information system.
When conducting on-site inspection or investigation, there shall be no less than 2 persons, and they shall show their legal certificates and notices of inspection and investigation.
Units and individuals under inspection and investigation shall cooperate and truthfully provide relevant documents and materials, and shall not conceal, refuse or hinder them.
Article 34 In case of major information leakage of credit reporting institutions, basic databases of financial credit information and institutions providing or inquiring information to the basic databases of financial credit information, the supervision and administration department of the State Council credit reporting industry may take necessary measures such as temporarily taking over relevant information systems to prevent the damage from expanding.
Thirty-fifth the State Council credit supervision and management departments and their dispatched offices shall keep confidential the information of state secrets and information subjects they know in their work.
Chapter VII Legal Liability
Thirty-sixth without the approval of the supervision and administration department of the State Council credit information industry, unauthorized establishment of credit information institutions or personal credit information business activities, shall be banned by the supervision and administration department of the State Council credit information industry, confiscate the illegal income, and impose a fine of 50 thousand yuan to 500 thousand yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-seventh credit institutions engaged in personal credit information business in violation of the provisions of Article 9 of these regulations, the supervision and administration department of the State Council credit information industry shall order it to make corrections within a time limit and impose a fine of 20 thousand yuan to 200 thousand yuan on the unit; Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of 6,543,800 yuan or less.
If the credit reporting agency that operates the enterprise credit reporting business fails to handle the filing in accordance with the provisions of Article 10 of these regulations, the agency dispatched by the local credit reporting supervision and management department of the State Council shall order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be punished in accordance with the provisions of the preceding paragraph.
Article 38 If a credit reporting agency or an operating agency of a basic database of financial credit information violates the provisions of these Regulations and commits any of the following acts, the credit reporting supervision and management department of the State Council or its dispatched office shall order it to make corrections within a time limit and impose a fine of 50,000 yuan to 500,000 yuan on the unit; Impose a fine of 654.38 million yuan to 654.38 million yuan on the directly responsible person in charge and other directly responsible personnel; If there are illegal gains, the illegal gains shall be confiscated. If losses are caused to the information subject, it shall bear civil liability according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Stealing or otherwise illegally obtaining information;
(2) Collecting prohibited personal information or collecting personal information without consent;
(3) illegally providing or selling information;
(4) leaking information due to negligence;
(5) Failing to delete personal bad information within the time limit;
(six) failing to check and deal with the objection information in accordance with the provisions;
(seven) refusing or obstructing the inspection and investigation by the supervision and administration department of the State Council credit information industry or its dispatched offices or failing to provide relevant documents and materials truthfully;
(eight) other acts that violate the rules of credit reporting business and infringe upon the legitimate rights and interests of information subjects.
If a credit reporting agency engaged in personal credit reporting has one of the acts listed in the preceding paragraph, and the circumstances are serious or cause serious consequences, the supervision and administration department of the State Council credit reporting industry shall revoke its personal credit reporting business license.
Thirty-ninth credit institutions in violation of the provisions of this Ordinance, not in accordance with the provisions of the report on its last year to carry out credit business, by the the State Council credit supervision and management department or its dispatched institutions shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the unit shall be fined between 20,000 yuan and 654.38+10,000 yuan; Give a warning to the directly responsible person in charge and other directly responsible personnel, and impose a fine of 6,543,800 yuan or less.
Article 40 If an institution that provides or inquires information to the basic database of financial credit information violates the provisions of these Regulations and commits any of the following acts, the supervision and administration department of the State Council Credit Information Industry or its dispatched institution shall order it to make corrections within a time limit and impose a fine of 50,000 yuan to 500,000 yuan on the unit; Impose a fine of 654.38 million yuan to 654.38 million yuan on the directly responsible person in charge and other directly responsible personnel; If there are illegal gains, the illegal gains shall be confiscated. If losses are caused to the information subject, it shall bear civil liability according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) illegally providing or selling information;
(2) leaking information due to negligence;
(3) Inquiring about personal information or enterprise credit information without consent;
(4) Failing to handle objections in accordance with regulations or failing to correct the information that is really wrong or omitted;
(five) refusing or obstructing the inspection and investigation by the supervision and administration department of the State Council credit information industry or its dispatched offices, or failing to provide relevant documents and materials truthfully.
Article 41 If an information provider, in violation of the provisions of these Regulations, provides personal bad information that has not been disclosed according to law to a credit reporting agency or a basic database of financial credit information, and fails to inform the information subject himself in advance, if the circumstances are serious or cause serious consequences, the credit reporting supervision and management department of the State Council or its dispatched office shall impose a fine of 20,000 yuan to 200,000 yuan on the unit; Impose a fine of 1000 yuan to 50000 yuan on individuals.
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