Key Benefits:
(Summit 7th ordinary meeting of the Government of the People of the Autonomous Region of Mongolia, 30 June 2006 to consider the adoption of the Decree No. 146 of 12 July 2006 of the Government of the People's Government of the Mongolian Autonomous Region, which came into force on 1 September 2006) Chapter I General In order to regulate the collection, disclosure, use and management of credit information, the establishment of a good credit environment and the development of this approach in accordance with the practice of the self-government area. Article 2 Article 3. The credit information referred to in this approach refers to data, information, information, and credit records and credits used to identify enterprises, individuals' status, reflecting the corporate economic situation, performance capacity, commercial credibility. The reference to this approach refers to units established by law dedicated to operational activities such as the collection, disclosure, use of credit information and qualifications surveys, credit assessment, credit security, credit insurance, credit counselling, security. Article IV collects, discloses, uses of credit information and conducts related services, and should be guided by the principles of independence, objectivity, impartiality and caution, guaranteeing authenticity of credit information; protect national security, respect for personal privacy and conservative commercial secrets. Article 5 Financial work authorities of the Government of the self-government sector are the supervisory authority for credit information in the self-government area and are responsible for monitoring the collection, disclosure, use and related services of the solicitation institutions and credit information. The Chinese People's Bank calls and the Hui Centre for the collection, disclosure, use and supervision of credit-related information, in accordance with the relevant national provisions. In the context of their responsibilities, the Archives Administration of the Self-Government Zone works in conjunction with the self-government sector's credit information monitoring management to collect, disclose and use oversight. Chapter II Credit base database Article 6 establishes a centralized database of the credit information base. The self-governing area can use the credit information resources of the Haitian People's Bank and the archives administration sector of the self-government area to establish a database of credit information base for the self-government area. Article 7. The credit information base database of the self-government area may provide credit information to the relevant administrative organs, utilities units, financial institutions, the solicitation bodies, industry organizations and other business, individuals and other organizations, and shall not engage in other credit information services. Article 8. Relevant administrative bodies, utilities units, financial institutions and industry organizations should provide timely, after the generation of credit information from enterprises or individuals, a database of the credit information base for self-government zones. Units, catalogues and requests specifically for corporate or personal credit information are provided by the self-government. Article 9. The executive body shall seek information on corporate credits recorded in the self-government bank credit information base database in its work on day-to-day oversight management, administrative licences, qualitative ratings, periodic testing, recognition and government procurement, and the allocation of financial subsidies. Article 10 Administrative organs, utilities units engage in public service activities or operational activities related to their personal status, and shall search the database of the credit information base in the self-government area to verify the identity of the parties. Article 11. The credit information base database is in principle subject to reimbursable access. However, the provision of credit information access services for administrative organs, utilities units, financial institutions and industry organizations. The self-government sector's credit information base database provides for reimbursable service charges and standards, which are approved by the self-government sector. The licensor may search its own credit information records free of charge from the credit information base database. Article 12. Staff members of the credit information monitoring management and the credit information base database shall not disclose the credit information they have learned in their work. List of credit information Article 13. The corporate credit information that can be collected by the solicitation body includes basic credit information, good credit information, indicative credit information and warning credit information. Article 14. (i) The basic situation of registration; (ii) Organic statutes; (iii) The opening of basic accounts by financial institutions; (iv) Basic financial indicators; (v) Administrative licences obtained; (vi) The results of the special or periodic test conducted by the executive body by law; (vii) The status of other relevant business status registered by the executive branch under the law. Article 15. Good corporate credit information includes: (i) Recorded by the fiduciary business as assessed by the executive organs at all levels of allies and industry organizations; (ii) The trademark was identified as “China's trademark” or “Integrated trademarks by Mongolia”; (iii) Accreditation or certification of the quality standards of the State, the executive branch of the self-government, industry organizations, or a national, self-government district quality management award; (iv) A record of higher tax credit levels in the tax sector; (v) Reimbursement of debts and performance of contracts by way; (vi) The legal representative or the main head of the principal is recorded by the executive organs of the flag district and by the organization of the industry at all levels; (vii) Participation in social public goods; (viii) Other good credit information that may be recorded in laws, regulations and regulations. Article 16 shows credit information from enterprises: (i) An initial record of administrative penalties such as fines, confiscation of proceeds of conflict, confiscation of illegal property or suspension of work; (ii) The record of arrears and taxes; (iii) The record of the arrears of wages and social insurance contributions; (iv) Other indicative credit information that may be recorded by law, regulations and regulations. Article 17 (i) Recorded of specific or regular inspections carried out by the executive branch by law; (ii) A record of the cancellation or suspension of licences and business licences for the violation by an administrative body; (iii) A record of financial, audit announcements due to violations of the law, regulations, regulations and regulations; (iv) A record of administrative penalties for the same category of offences for more than two years, forfeiture of proceeds of violations, forfeiture of illegal property or for the suspension of work; (v) A record of the joint sanctions imposed by the Association of Bankers due to the evasion of debts, or whether it is determined by law to deceive or steal tax charges; (vi) Recorded by law of a transaction or a breach of a security right; (vii) To reject the enforcement of judgements, decisions or arbitral awards by the judiciary relating to obligations; (viii) Recorded of criminal responsibility; (ix) Laws, regulations and regulations provide for other police information that may be recorded. Article 18 (i) The execution of sentences; (ii) Imprisonment of the offence and the execution of the term of up to five years; (iii) To serve as a legal representative or key head of the enterprise for the operation of the liquidation of insolvency and to have a personal responsibility for the enterprise's insolvency, which is less than three years from the date of the liquidation of the enterprise in insolvency; (iv) The legal representative of the enterprise acting as a license for the suspension of business in violation of the law, or the main head of the company, has a personal responsibility for a period of three years from the date of the suspension of the business licence; (v) Other cases provided for by law, regulations and regulations. Article 19 (i) Identification information, including names, citizenship identification numbers, residence, employment status, education, job title, and employment qualifications; (ii) Transaction information, including performance records generated by a credit relationship between individuals and financial institutions; performance records generated by a borrowing relationship between individuals and other agencies or individuals; and performance records generated by a purchase relationship between individuals and business agencies, utilities; (iii) Public information, including a variety of recognized records and a record of the payment of tax payments under the law; (iv) Special information, including the credit information contained in article 18 of this approach, as well as the record of criminal penalties, administrative sanctions, administrative disposition or civil compensation that may affect the status of individual credits; (v) Other personal credit information that may be recorded under the laws, regulations and regulations. Article 20: The following personal credit information shall not be collected, except if publicly or by individuals, provided by the law: (i) Information not relevant to personal credits; (ii) Information that may be discriminated against individuals by national, ethnic, family origin, religious beliefs, political beliefs and physical patterns, genetics, blood patterns, diseases and illnesses; (iii) Saving deposits, price securities, tax and social premiums; (iv) The provisions of laws, regulations, regulations shall be confidential or prohibiting the collection of personal information. Article 21 quantify individual credit information to be obtained from the consent of the applicant, with the exception of: (i) Negative credit information generated in activities such as credit, borrowing, credit purchase, payment; (ii) Applicants of brokering services such as identification, assessment, brokering, counselling, and representation, are subject to correction by industry organizations in violation of good credit principles; (iii) Public credit information that can be made available to the public in the exercise of their functions by the executive branch, the law, the organization mandated by the statute; (iv) Individual credit information already available. Article 2 quarant institutions should collect credit information on enterprises and individuals through lawful means. The solicitation bodies shall not collect corporate or personal credit information through illegal means such as fraud, theft, the granting of property, incentives, coercion, intrusion of computer networks. In accordance with the provisions of this approach, the solicitation body should cooperate and facilitate conditions. Article 24 Entry, modification and increase in the credit information of the solicitation body shall be based on instruments that have legal effect or other valid documents. The licensor shall not be able to produce false credit information with the licensor. The solicitation body shall not collect credit information that has been met or exceeds the date of the collection or in accordance with articles 31 and 34 of this scheme. Article 25 The credit information provider shall guarantee the authenticity and integrity of the credit information provided. Article 26 The solicitation body shall maintain the record of the searches for business, personal credit information. The search records should include reference to a searcher, a search time and a cumulative number of queries. Article 27 transmits corporate or personal credit information and shall take confidential measures and guarantee the safety of credit information available to them. Chapter IV Disclosure and use of credit information Article 28 quantify the following corporate credit information publicly available to society through the enterprise credit network, the public network of government and other forms: (i) Enterprise name, residence, statutory representative or main head, organization of agency codes, type of business, scope of operation, registration of capital (maximum), establishment of time; (ii) Business reports for approval, approval, registration, certification and results of annual inspections; (iii) Good corporate credit information; (iv) Inviolate industrial work, arrears in wages, social insurance; (v) Civil, criminal, administrative proceedings or decisions, arbitral awards, which have legal effect on enterprises; (vi) A record of administrative sanctions, such as confiscation of proceeds of conflict, confiscation of illegal property, etc., for the suspension of the production, suspension or licence, imposition of fines, fines for the purpose of confiscation of proceeds of the offence, and confiscation of unlawful property; (vii) The circumstances in which the law is found to be fraudulent or theft of tax charges. In the application of the former paragraph, the principle of equality should be applied in accordance with the harmonized standards. Article 29 may disclose corporate credit information other than article 28 of the scheme to the relevant administrative organs. The pre-implementation shall be based on the needs of the executive branch to carry out its duties in accordance with the law and shall be approved by the principal heads of the organ. The provisions of laws, regulations and regulations are also provided. The executive branch and its staff shall not use the unacknowledged corporate credit information to the society for the purposes of the performance of their duties under the law. Article 30 quantification agencies disclose credit information other than article 28 of the scheme to enterprises other than the licensee or individuals, subject to written authorization from the licensee. Article 31 Periods of disclosure of corporate indicative credit information are three years. The period of disclosure of corporate police information is seven years. The provisions of laws, regulations and regulations are also provided. The corporate demonstration of credit information, the period of disclosure of corporate warning credit information, calculated from the date of the first disclosure. Article 32, the executive branch shall carry out its duties in accordance with the law and present a formal communication issued by the principal head of the organ concerned, which may refer to the solicitation body the credit information of the following individuals, the law, regulations and regulations, as well as their provisions: (i) Information as provided for in article 19, subparagraph (i), of this approach; (ii) Acknowledged record; (iii) Negative performance records generated in credit transactions such as credit, insurance, credit purchase, payment; (iv) Recorded by the joint sanctions of the Association of Bankers for desert debts; (v) The performance of the social intermediary service agency is duly recorded in violation of the principle of good credit; (vi) Special information under article 19, subparagraph (iv), of this approach. Article 33 shall not disclose to any unit or individual information on the credit of a person, in addition to the provisions of article 33 of this scheme and in the following cases: (i) The intention to provide credit, distribute, rent, insurance, security or other justifications to the applicant; (ii) To have operational interest, such as trade-offs, and to provide relevant material of legal effect; (iii) The credit information requested by the author; (iv) Other cases provided for by law, regulations and regulations. Article 34 quantification bodies shall not disclose information of personal credit over the period specified below, and the provisions of the law, regulations, regulations and other regulations shall apply to: (i) The credit information set out in article 32, subparagraphs (iii), (iv), (v) of this approach, administrative punishment records, administrative disposition records, civil compensation records have been calculated for more than seven years since the date of generation; (ii) The calculation of criminal records for more than seven years from the date of the execution of the sentence. Any unit or person considered to be wrong in the corporate or individual credit information disclosed by the solicitation body may report to the credit information oversight management and the credit information oversight management should be promptly investigated. No unit or individual shall be reported in good faith. The legal responsibility is held in accordance with the law and is recorded in the credit records. Article 36 uses credit information by the solicitation body, which should be based on the original document of the information, and the information collected should not be distorted, simulated and used. The solicitation agencies should update and maintain their management credit information in a timely manner. Article 37 charging agencies to provide fees and standards for services such as credit assessment, credit security, approved by the self-government sector in the price administration sector. Chapter V Treatment of objections information Article 338 is considered wrong or outdated by the author to challenge the solicitation body in writing and submit the relevant evidence. Article 39 shall be subject to verification by the solicitation body within five working days of the receipt of the application. Upon verification, the objecting information was caused by the processing of the credit information system and should be corrected immediately; it was a result of the lender and should be communicated promptly to the credit information provider to verify and respond. The credit information provider shall respond within 10 working days of the notice of verification. Article 40 shall be dealt with by the solicitation body within 10 working days in accordance with the responses of the person providing the credit information: (i) The information of the objection is valid and should be corrected in a timely manner and, in the context of the disclosure; (ii) The information of the objection was valid and should be communicated promptly to the respondent. The licensor continues to be contested and can mark the object and reason for the licensor when the credit information is disclosed and used; (iii) The objecting information could not be validated and could not be modified in accordance with the information submitted by the respondent, allowing the author to add the accompanying statement in his credit records. The solicitation body should mark the credit information at the time of the objection processing. Article 40 states that the solicitation body shall not respond within 30 working days of the date of receipt of the applicant's objection or shall not agree with the applicant on the content of the objection, and that the requisitioner may apply for a review and processing of the objections by the management of the credit information monitoring authority, which shall take a decision within 30 working days of the date of receipt of the application. Article 42, the credit information provider found that the credit information provided was changed, invalidated or wrong, should be amended in a timely manner and, within seven working days of the date of the amendment, the solicitation body should correct or delete the information within seven working days of the notification. Chapter VI Article 43 (i) Develop a monitoring management system for the collection, disclosure and use of credit information; (ii) Organizing public coordination mechanisms for government credit information; (iii) Organizing a database of credit information base for self-government zones and responsible for daily oversight management; (iv) Monitoring the implementation of credit information laws, regulations and regulations by the solicitation bodies; (v) Oversight of the development and implementation of internal regulatory systems, such as inspection of the confidentiality of credit information in the solicitation institutions and data maintenance; (vi) Supervision of the processing and response of requests to the information of the licensor's objections. The solicitation body should receive daily inspection by the credit information monitoring authority under the law and provide relevant information, if any, without denying and concealing them. Article 44 quantifications should be processed in a timely manner and reported to the credit information management authorities on the significant performance of the credit information system and the significant disclosure of credit information. Article 42: The solicitation body shall be open to the following matters: (i) The time frame for collection and disclosure of credit information; (ii) Modalities for the provision of credit information services; (iii) Costing criteria for the provision of credit information services; (iv) Opposition information processing procedures; (v) The fiduciary information monitoring management considers other matters that require openness. Any unit of article 46 or person of the opinion that the solicitation activity of the institution violates its legitimate rights and interests, or that there are other violations, may lodge complaints and reports to the credit information monitoring authorities. The credit information monitoring management shall address or respond within 30 days of the date of receipt. Article 47 staff members of the solicitation body shall not be allowed to access credit information owned by the institution, nor shall credit information be disclosed in the business. In the event of the dissolution, insolvency, etc., the credit information database shall be transferred under the supervision of the credit information supervision management in accordance with the principle of operation of the market; if any other solicitation body receives its database, it may transfer the credit information database to the credit information monitoring authority or destroy it under the supervision of the credit information oversight management. Chapter VII Legal responsibility Article 49 contains one of the following cases in the solicitation body, which is modified by the time limit for the supervision of the management of credit information, which is overdue by a fine of more than 5,000 dollars; civil responsibility under the law; and criminal liability in accordance with the law: (i) The collection of credit information to be prohibited; (ii) To collect credit information through illegal means such as fraud, theft, the granting of property, incentives, coercion and intrusion of computer networks; (iii) Disclosure of credit information in violation of this approach; (iv) distortion, falsification of credit information and violations of the legitimate rights and interests of the licensee; (v) A malicious collation with the acclaimer to produce false credit information. Article 50 states that, in violation of article 39 of this approach, article 40 and article 42, a credit information oversight management order was changed within 30 days, with a delay of up to 1000 fines. Article 50, Staff of the solicitation body, in violation of article 47 of the scheme, caused losses to the respondent, which is governed by the law. Article 52 provides a person who violates the legitimate rights and interests of another person in violation of article 25 of this approach, resulting in loss and civil responsibility under the law; constitutes an offence and is held criminally by law. Article 53 oversees the management staff, the staff of the credit information base database, in violation of article 12 of this approach, to be administratively disposed of by the relevant authorities in accordance with the provisions of Article 12 of the scheme; to bear civil responsibility in accordance with the law for the loss of the parties; and to hold criminal responsibility in accordance with the law. Article 54, which oversees the exercise of managerial staff to perform negligence, abuse of authority, provocative fraud, is governed by the law by the credit information monitoring authority, which constitutes an offence and is criminally criminalized by law. Chapter VIII Article 55 refers to companies and individuals whose credit information is collected, collated, processed and used by the licensor. The credit information base database referred to in this approach refers to data pools that organize, store and use cross-linkages in computer systems in accordance with certain data models. This approach refers to units and individuals that provide credit information to self-government zones on the basis of the database of credit information and the solicitation agencies. This approach refers to units and individuals who provide credit information advice, investigation and credit assessment services to them. Article 56 of this approach is implemented effective 1 September 2006. |
