The central bank will also strengthen the investigation and study of international credit legislation experience and credit market, and actively promote the promulgation of the Credit Management Regulations as soon as possible. Suning, deputy governor of the People's Bank of China, revealed that the central bank is working hard to formulate the Interim Measures for the Management of Enterprise Credit Information Basic Database, with the goal of promulgation and implementation in the first half of 2006.
Chapter I General Provisions
Article 1 (legislative purpose)
In order to establish and improve China's credit information system, standardize credit information business activities, promote the development of credit information service industry, protect personal privacy, business secrets and national economic security in accordance with the law, and maintain the order of socialist market economy, these Regulations are formulated in accordance with China's current relevant laws and regulations.
Article 2 (Interpretation)
The term "credit information" as mentioned in these Regulations refers to the records and relevant data of the performance of obligations formed by natural persons, legal persons and other organizations in credit trading activities.
The term "credit investigation" as mentioned in these Regulations refers to commercial activities such as the collection, investigation, processing and use of credit information.
Article 3 (Credit Bureau)
The term "credit reporting institution" as mentioned in these Regulations refers to a legal person institution that specializes in credit reporting business with the approval of the credit reporting supervision and management department. This institution is a third-party institution other than the two parties to the credit transaction, and should have a database of a certain scale, and the data collection should be sustained for a long time and updated in time.
Article 4 (Protection of Information Rights of Social Subjects)
The parties to the credit investigation activities shall protect personal privacy and business secrets according to law and safeguard national economic security.
Article 5 (Improving the Credit Information Environment)
The state encourages government departments, enterprises, institutions and other organizations to disclose their credit information according to law, so as to promote the enjoyment of credit information and enhance the credit awareness of the whole society.
Article 6 (Principle of Credit Investigation)
Engaged in credit business activities should follow the principles of independence, objectivity, impartiality and prudence, improve data quality, and safeguard the legitimate rights and interests of all parties to credit activities and the interests of the public.
Article 7 (Effectiveness of Credit Information Service)
The credit information and its service products provided by credit reporting agencies have reference function for the transaction judgment and decision-making of credit information users, unless otherwise agreed by the parties.
Article 8 (Administrative Department)
The national credit supervision and management department is the administrative organ of credit institutions and credit business activities. The credit supervision and management department is responsible for formulating relevant credit supervision and management systems, supervising and managing credit institutions and credit business activities according to law, and guiding the work of credit industry associations.
Article 9 (Management Principles)
The establishment, alteration and termination of credit reporting institutions and their branches shall be approved by the state credit supervision and administration department, and their business activities shall be subject to the supervision and inspection of the state credit supervision and administration department.
A natural person may not engage in the credit investigation business.
Article 10 (Market Orientation of Credit Information)
The establishment of credit reporting institutions should be guided by market demand and encourage fair and reasonable competition in credit reporting business.
Article 11 (Differentiated Management)
The state implements different management on the credit investigation business of natural persons from that of legal persons and other organizations.
Chapter II Credit Information Agency
Article 12 (Examination and Approval of the Establishment of Credit Information Institutions)
The establishment of a credit reporting agency shall be reported to the credit reporting supervision and management department for approval, and the approval documents of the credit reporting supervision and management department shall be registered with the administrative department for industry and commerce within 30 days.
The establishment of a credit reporting agency shall take the form of a limited liability company or a joint stock limited company.
Article 13 (Conditions for Establishment of Credit Information Agency)
To establish a credit reporting agency, in addition to the general conditions of a company as a legal person, it shall also meet the following conditions:
(1) The registered capital of the company is not less than 6,543.8 billion yuan, and the registered capital of the company engaged in the credit investigation business of legal persons and other organizations alone is not less than 50 million yuan;
(2) Having senior managers who meet the post qualifications and professionals with corresponding business knowledge such as data processing and analysis;
(3) Having a strict information file management system, confidentiality measures and safety precautions;
(4) Other conditions stipulated by the credit supervision and management department.
Article 14 (Qualification of Senior Managers of Credit Information Institutions)
The national credit supervision and administration department manages the qualifications of the senior managers of credit reporting institutions. Any natural person must meet the statutory conditions and go through the statutory audit procedures before he can serve as the senior managers of credit reporting institutions. The qualifications and audit procedures of senior managers of credit reporting institutions shall be stipulated by the supervision and administration department of credit reporting industry.
The senior management of a credit reporting agency refers to the chairman, vice chairman, directors, supervisors, general manager, deputy general manager, financial officer and technical officer of the agency.
Article 15 (Business Scope of Credit Information Agency)
(1) Collecting credit information;
(2) Preserving and storing credit information;
(3) Processing, sorting and analyzing credit information;
(4) Providing a credit evaluation report;
(5) Providing consulting services on credit status;
(six) other credit services approved by the credit supervision and management department.
Credit reporting institutions shall not engage in other business activities unrelated to credit reporting business.
Article 16 (Provisions on Fees)
Credit business activities can be priced according to market principles, and paid services can be implemented.
Chapter III Credit Information Business of Natural Persons
Article 17 (Prerequisites for Information Collection)
The credit reporting agency shall obtain the written consent of the natural person who is being credited.
Whether all or part of the personal information filled in by a natural person when applying for services such as work, credit, insurance, public service and deferred payment can be provided to or used by a third party shall be indicated in the application form and signed by the applicant.
Article 18 (Exceptions to Preconditions for Collecting Information)
The collection and use of the following natural person's credit information can be carried out without the consent of the natural person who is being credited:
(1) Bad credit records of the other party provided by the injured party in the credit transaction;
(two) public credit information that can be inquired by administrative organs, judicial organs and institutions with administrative functions according to law;
(3) Credit information of other natural persons that has been made public according to law.
Article 19 (information of natural persons prohibited from being collected)
Credit institutions shall not collect the following information of natural persons when handling the credit business of natural persons:
(1) race, family background, marital status, religious belief, political affiliation and sexual orientation;
(2) Body type, gene, fingerprint, blood type, disease and medical history;
(3) the amount of savings deposits, securities and taxes;
(4) Information that should be kept confidential according to laws and regulations.
Article 20 (Information Objectivity Requirements)
The credit information collected by credit reporting agencies should be a record of objective facts, and ensure the authenticity and legality of information sources and channels.
Article 21 (Prohibition of Collection Methods)
Credit reporting agencies shall not collect credit information by illegal or improper means such as fraud, theft, bribery, inducement, coercion or intrusion into computer networks.
Article 22 (Processing Standards and Procedural Requirements for Credit Information)
Credit reporting institutions shall handle and sort out credit information objectively and fairly in accordance with scientific evaluation systems and standards.
Article 23 (Custody of Credit Information)
Credit institutions should ensure the safe operation of the database, update the data in time, and set access rights to the database to prevent the data from being accessed or abused beyond authority.
When collecting and using credit information through computer networks, credit reporting agencies should use private networks. Anyone who uses the Internet should take security measures for information transmission.
Article 24 (Use of Credit Information)
In any of the following circumstances, the credit reporting agency may disclose and use the credit information of natural persons:
(1) A natural person requests or authorizes others to inquire about his own information;
(2) Financial institutions provide credit, insurance and other services to natural persons;
(3) Public utilities provide services to natural persons;
(4) Commercial enterprises provide services such as selling on credit to natural persons;
(5) The employing unit recruits employees;
(6) Information exchange among credit reporting agencies;
(seven) laws and regulations can be made public.
Article 25 (Obligations of Information Users)
Information users shall prove their identity, ensure that the purpose of using the information conforms to the circumstances that credit information can be disclosed and used as stipulated in these regulations, and shall not use the obtained credit information for purposes other than those stipulated in these regulations.
Article 26 (Objective Originality of Information Use)
Credit reporting agencies shall disclose and use credit information on the basis of the original records of information, and shall not distort or tamper with the collected information.
Article 27 (Duration of Information Use)
Credit institutions may keep the historical records of the credit information of natural persons who have received credit information, but may not disclose or use the following historical credit information.
(1) Having a bad credit record of more than 5 years since the termination of the bad credit behavior or event;
(two) the economic crime record of more than 5 years since the date of completion of the punishment.
Chapter IV Credit Information Business of Legal Persons and Other Organizations
Article 28 (Confidential Business)
The business secrets of legal persons and other organizations engaged in credit business shall be protected according to law. Trade secrets refer to technical and commercial information that is unknown to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee.
Article 29 (Obligation of Information Disclosure of Persons in Charge of Legal Persons and Other Organizations)
When collecting and disclosing the credit information of legal persons and other organizations, credit reporting agencies may collect and disclose the credit information of other legal representatives or responsible persons.
Article 30 (Disclosure of Credit Information of Legal Persons and Other Organizations)
In any of the following circumstances, the credit reporting agency may disclose and use the credit information of legal persons and other organizations:
(a) approved by legal persons and other organizations;
(2) Establishing or needing to establish a trading relationship according to law;
(three) laws, regulations and provisions can be made public.
According to the market demand, the credit reporting agency can make a macro analysis report on the credit status of an industry or a certain region and publish it.
Article 31 (General Conditions)
The collection, processing and use of credit information of legal persons and other organizations are not provided for in this chapter, and the provisions of Articles 20, 21, 22, 23, 25 and 26 of Chapter III shall apply.
The provisions of this chapter apply to the collection and disclosure of credit information of individual merchants and partnership organizations.
Chapter V Supervision and Management of Credit Information
Article 32 (Business Report)
Credit institutions shall prepare business reports and financial reports on a quarterly basis and submit them to the credit supervision and management department.
Article 33 (Daily Inspection and Supervision)
The credit supervision and management department shall conduct daily inspection and supervision on the following situations of credit reporting institutions:
(1) The legality and compliance of the collection and use of credit information;
(two) the formulation and implementation of internal rules and regulations such as credit information security and data maintenance;
(three) the handling and reply of the objections of natural persons, legal persons and other organizations that have been investigated;
(four) other matters that the credit supervision and management department thinks should be checked.
Credit institutions shall accept the daily supervision and inspection carried out by the credit supervision and management departments according to law, provide relevant information, truthfully reflect the situation, and may not refuse or conceal it.
Article 34 (Obligation to Submit Information)
The credit reporting institution shall submit the methods, standards and business operation procedures for handling new credit information to the credit supervision and management department. Credit supervision and management departments shall keep business secrets for credit institutions.
Article 35 (Restrictions on Inquiries of Staff of Credit Information Agencies)
The staff of a credit reporting agency shall not inquire about the credit information owned by the agency without authorization or ultra vires, and shall not disclose the credit information known in their business work.
Article 36 (Rectification and Cancellation of Credit Information Institutions)
Under any of the following circumstances, the credit supervision and management department may make a decision to suspend business for rectification or cancellation for the needs of supervision and management and risk prevention:
(a) there are serious violations of the law, and the circumstances are bad;
(2) Seriously infringing upon the interests of the respondent and causing heavy losses;
(3) Endangering the national economic information security.
The longest period for a credit reporting agency to suspend business for rectification is six months. If it still does not meet the rectification requirements of the credit supervision and management department at the expiration of the period, it shall be revoked.
Article 37 (Processing of Database after Termination of Institution)
In the event of dissolution, revocation, bankruptcy and other termination of a credit reporting agency, its database shall be handled in one of the following ways:
(1) handing over the credit information database to the credit supervision and management department;
(two) under the supervision of the credit supervision and management department, it is transferred to other credit institutions according to commercial principles;
(3) Destroyed under the supervision of the credit supervision and management department.
Article 38 (Association Organization)
Credit institutions can organize credit industry associations according to law.
Credit information industry associations shall play the role of industry self-discipline, formulate and implement industry norms, provide business guidance and services for members, urge members to carry out business according to law, protect the legitimate rights and interests of members, and assist credit information supervision and management departments in supervision and management.
Chapter VI Protection of the Rights and Interests of the Respondent
Article 39 (Respondent's Right to Know)
Natural persons, legal persons and other organizations that have received credit information have the right to inquire about themselves or their credit information records and their sources.
Article 40 (Right of Objection of the Respondent)
If a natural person, legal person or other organization thinks that its credit information in the credit reporting agency is inaccurate, incomplete, outdated or wrong, it may raise an objection to the credit reporting agency and ask for correction or deletion of relevant information.
Article 4 1 (Verification of Objections)
If a natural person, legal person or other organization under credit investigation has any objection to its credit information and puts forward corresponding evidence, the credit investigation agency shall check it in time.
Article 42 (Disposal after Verification)
After checking the objection information, the credit reporting agency shall handle it in accordance with the following provisions:
(a) after verification, it is confirmed that the objection information is wrong or inaccurate, and the credit reporting institution shall immediately delete or correct the information.
(2) If the objection information is verified to be correct or it is impossible to verify whether the objection information is wrong, the credit reporting institution shall not modify the objection information, but shall briefly indicate the objection of the natural person, legal person or other organization and the corresponding reasons after the relevant credit information.
The credit reporting institution shall complete the processing of the objection information within 30 working days from the date of receiving the objection from the natural person, legal person or other organization whose credit is being reported, and give a written reply to the natural person, legal person or other organization whose credit is being reported.
Article 40 (Remediation of Information Sources)
If a natural person, legal person or other organization that provides credit information to a credit reporting agency finds that the credit information it provides is wrong, it shall promptly notify the credit reporting agency, and the credit reporting agency shall correct or delete the relevant information within 2 working days after receiving the notice.
Article 44 (Relief for the Respondent's Inaction)
If the credit reporting agency fails to make a reply within 30 working days from the date of receiving the objection of the credit reporting natural person, legal person or other organization, the credit reporting natural person, legal person or other organization may apply to the credit reporting supervision and management department for review and handling the objection information, and the credit reporting supervision and management department shall make a decision within 30 working days from the date of receiving the application.
Article 45 (Settlement of Disputes in Credit Investigation Activities)
Disputes between the parties involved in credit investigation activities may be submitted to the credit supervision and management department for handling, or they may bring a lawsuit to the people's court or apply for arbitration.
Chapter VII Legal Liability
Article 46 (Punishment for Illegal Acts in Credit Investigation Activities)
If a party to a credit investigation activity commits an illegal act in the credit investigation business, the credit supervision and management department may give administrative penalties such as warning, informed criticism, fine and confiscation of illegal income depending on the circumstances.
Article 47 (Handling of Senior Executives of Credit Information Institutions)
Credit reporting agencies have illegal acts in credit reporting business activities, and senior managers of credit reporting agencies are responsible for the illegal acts. Credit reporting supervision and management departments can cancel the qualifications of senior managers of credit reporting agencies 1 year to life according to the size and seriousness of their responsibilities.
If the qualifications of senior managers of credit reporting institutions are cancelled, a decision to cancel the qualifications shall be made and announced.
Article 48 (Legal Liability for Illegal Credit Investigation)
If a credit reporting agency is established without approval to engage in credit reporting business, the credit reporting supervision and management department shall order it to stop its illegal business, confiscate its illegal income, and impose a fine of 654.38+10,000 yuan to 500,000 yuan, and the administrative department for industry and commerce shall deal with it accordingly.
Article 49 (Legal Liability for Illegal Acts in Credit Information Business)
(1) Collecting prohibited or restricted information;
(2) Collecting credit information by illegal or improper means such as fraud, theft, bribery, inducement, coercion or intrusion into computer networks;
(3) illegally collecting or disclosing credit information;
(4) Deliberately distorting or tampering with the applicable credit information, thus causing losses to the legitimate interests of the natural person, legal person or other organization under credit investigation;
(five) other illegal credit information identified by the credit information supervision and management department.
Article 50 (Legal Liability for Illegal Acts in Internal Management of Credit Information Institutions)
In any of the following circumstances, the credit supervision and management department shall make corrections within a time limit and informed criticism; If no correction is made within the time limit, a fine of more than 5,000 yuan and less than 50,000 yuan may be imposed.
(1) The internal rules and regulations for maintaining and updating the confidential database of credit information have not been formulated;
(two) due to poor management of the database, the data is accessed or abused beyond the authority;
(3) Failing to assist natural persons, legal persons and other organizations under credit investigation to exercise their right to know in accordance with the provisions of these Regulations;
(4) Failing to handle and respond to the information objections raised by natural persons, legal persons and other organizations whose credit information is being investigated in accordance with the provisions of these Regulations.
Article 51 (Legal Liability for Refusing Supervision and Management)
If a credit reporting agency refuses or hinders the supervision and inspection by the credit reporting supervision and management department according to law, or refuses to provide relevant business and financial information, the credit reporting supervision and management department shall give it a warning and impose a fine of not less than 30,000 yuan but not more than 200,000 yuan.
Article 52 (Civil Acts)
If the behavior of a credit reporting agency infringes upon the civil rights of the natural person, legal person or other organization under credit reporting and causes damage to the natural person, legal person or other organization under credit reporting, it shall bear legal liability in accordance with the General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC).
Chapter VIII Supplementary Provisions
Article 53 (Applicable mutatis mutandis)
The relevant provisions of these Regulations shall apply to legal persons and other organizations other than credit reporting agencies engaged in credit reporting business activities.
Article 54 (Utilization of Foreign Capital)
The provisions of these Regulations shall apply to foreign-funded and Sino-foreign joint venture credit reporting institutions.
Article 55 (Re-registration)
Credit institutions established before the implementation of these regulations shall, within three months from the date of implementation of these regulations, re-apply for examination and approval and industrial and commercial registration in accordance with the relevant provisions of these regulations.
If an established credit reporting agency does not meet the conditions for the establishment of credit reporting agencies in this Ordinance, it shall meet the relevant requirements within six months from the date of implementation of this Ordinance, otherwise it will be dissolved by itself.
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