(1) If there is an asset relationship or other interest relationship between a credit reporting institution and a legal person or other organization, which may affect the fairness of rating, it shall not provide credit reporting services related to the credit status and bond solvency of a legal person or other organization;
(2) Credit institutions should establish professional rating teams. Rating personnel shall not engage in credit consulting or consulting business, participate in rating price negotiation and other business activities that may affect the fairness of rating, and shall not engage in work that conflicts with rating business part-time. Credit institutions shall establish an internal firewall system and report it to the supervision and management department of the State Council Credit Information Industry for the record;
(three) other mechanisms stipulated by the supervision and administration department of the State Council credit industry. When conducting rating business, a credit reporting agency shall refuse to issue a credit rating report under any of the following circumstances:
(1) The rating object or other interested parties indicate that the credit rating agency has made a false or improper credit rating report;
(two) the rating object deliberately fails to provide or provide false statements and materials;
(3) Due to other unreasonable requirements of the rating object or other interested parties, the credit reporting agency may not be able to issue an objective and complete credit rating report;
(four) other circumstances stipulated by the supervision and administration department of the State Council credit industry. Where a credit reporting agency engages in rating business, it shall establish a tracking rating system, and clearly track the rating items in the first credit rating report issued to the rating object.
During the effective existence of the rating object, the credit reporting agency shall track the major changes in the policy environment, industry risks, business strategies, financial status and other factors of the rating object, timely analyze the impact of these changes on the credit rating of the rating object, and issue regular or irregular follow-up rating reports. If there are differences between the tracking rating report and the previous rating report in rating conclusions or other major matters, special explanations shall be made. When conducting rating business, a credit reporting agency shall establish and keep a complete rating file for each rating object. The rating file shall include the following contents:
(1) Entrustment agreement;
(two) the original information provided by the rating object;
(3) Previous due diligence records;
(4) Credit rating report;
(five) the voting situation of the review committee;
(6) Tracking rating data;
(7) Other relevant information. Credit institutions shall not collect the following personal information:
(1) Nationality, family background, religious beliefs and political parties;
(2) Body type, gene, fingerprint, blood type, disease and medical history;
(three) the amount of income, deposits, securities and real estate;
(4) Taxes paid;
(5) Other information prohibited by laws and administrative regulations.
A credit reporting agency may collect items (3) and (4) after clearly informing the information subject of the possible adverse consequences of providing the information and obtaining the special written authorization of the information subject. Financial institutions shall not provide credit information of the information subject to credit institutions that have not been approved by the supervision and administration department of the State Council credit information industry and do not have the qualification for credit information of financial institutions.
Where a financial institution provides credit information to the outside world, it shall inform the information subject of the specific object and the possible adverse consequences of providing information, and obtain the written consent of the information subject. Information subjects have the right to inquire their own credit reports from credit reporting agencies in accordance with the provisions of the supervision and administration department of credit reporting industry in the State Council. The credit report shall include credit information, credit information sources and credit information inquiry records.
Individuals have the right to obtain their own credit report for free once a year. If the information subject thinks that there is an error or omission in its information, it has the right to raise an objection to the credit reporting agency and ask for correction.
The credit reporting agency shall accept the objection application in accordance with the provisions of the supervision and administration department of the State Council credit reporting industry, complete the verification and processing of the objection information within 20 working days from the date of receiving the objection application, and give a written reply to the objection applicant.
If an individual files an objection application and the credit reporting agency fails to handle it in accordance with the provisions of the preceding paragraph, the information subject has the right to request the credit reporting agency to delete all its information at one time in writing. China Credit Information Center is a credit information agency established by the credit information supervision and management department of the State Council, which is responsible for the construction, operation and management of a unified national credit information basic database.
China Credit Information Center is an independent legal person, providing paid services to the outside world according to law, not for profit. China Credit Information Center shall formulate articles of association according to law.
The formulation, revision and business scope of the articles of association of China Credit Information Center and other matters stipulated by the supervision and administration department of the State Council Credit Information Industry shall be approved by the supervision and administration department of the State Council Credit Information Industry. Financial institutions shall, in accordance with the provisions of the supervision and administration department of the State Council credit information industry, submit the credit information of their customers to the China Credit Information Center accurately, completely and timely.
A financial institution may provide the information of the information subject to the China Credit Information Center without obtaining the written consent of the information subject in accordance with the provisions of Article 37 of these Regulations, but it must inform the information provided by it in an appropriate way.
The supervision and administration department of the State Council credit information industry has the right to supervise and inspect the implementation of the provisions of the preceding paragraph by financial institutions. Authorized by the information subject, administrative organs, judicial organs, enterprises and institutions, other social organizations and individuals may inquire the information of the information subject from China Credit Information Center.
Administrative organs, judicial organs and organizations authorized by laws and regulations to manage public affairs can inquire personal information from China Credit Information Center in the course of performing their duties, and can inquire information of legal persons and other organizations in accordance with laws and administrative regulations. China Credit Information Center will cooperate. The State Council credit supervision and management department shall perform the following credit management duties:
(1) Formulating development plans, rules and regulations for the credit reporting industry according to law;
(2) Formulating relevant industry standards and credit risk assessment standards according to law;
(3) Exercising the power of examination and approval according to law;
(four) to supervise and inspect the credit business activities according to law;
(five) to investigate and deal with violations of the provisions on the administration of credit reporting industry according to law;
(six) to guide and supervise the self-regulatory organizations of the credit reporting industry according to law;
(seven) other duties stipulated by the State Council. The supervision and management department of the State Council credit information industry may take the following measures to conduct on-site inspection according to the needs of performing the duties of credit information management:
(a) to enter the credit reporting agency for inspection;
(two) to require the staff of the credit reporting agency to explain the relevant inspection matters;
(three) to consult and copy the documents and materials related to the matters examined by the credit reporting agencies, and to seal up the documents and materials that may be transferred, destroyed, concealed or tampered with;
(four) to check the system of credit reporting institutions using electronic computers to manage business data.
On-site inspection shall be approved by the person in charge of the supervision and management department of the State Council credit information industry. On-site inspection, the number of inspectors shall not be less than 2, and shall produce legal certificates and inspection notices; If there are less than 2 inspectors or fail to produce legal certificates and inspection notices, the credit reporting agency has the right to refuse the inspection. Credit institutions shall, in accordance with the provisions of the supervision and administration department of credit information industry in the State Council, formulate internal management systems, operating procedures and other documents related to credit information business, and report them to the supervision and administration department of credit information industry in the State Council for the record.
If the name and registered capital of the credit reporting agency are changed, it shall be reported to the supervision and administration department of the State Council credit reporting industry for the record within 30 days after the change.
Credit institutions shall, in accordance with the provisions of the supervision and administration department of the State Council credit industry, submit relevant information on a regular basis. In case of dissolution, bankruptcy and other termination matters of the credit reporting agency, the credit reporting agency, liquidator and bankruptcy administrator shall, on the basis of protecting the relevant rights of the information subject, handle the credit information database of the credit reporting agency in one of the following ways:
(a) the transfer of credit institutions designated by the credit supervision and administration department of the State Council;
(two) with the consent of the supervision and administration department of the State Council credit reporting industry, it is transferred to other credit reporting institutions in accordance with commercial principles;
(three) destroyed under the supervision of the supervision and administration department of the State Council credit industry.