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Interim Provisions On Credit And Credit Management In Hainan Province

Original Language Title: 海南省征信和信用评估管理暂行规定

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(Summit No. 75 of 14 November 2005 of the Government of the People of Southern Province considered the adoption of Decree No. 197 of 7 December 2005 of the People's Government Order No. 197 of 7 December 2005 for publication beginning 1 March 2006)

Chapter I General
Article 1, in order to regulate the activities of credit services and the management of credit information, guarantee the legitimate rights and interests of the parties to the credit activities, create a social credit environment, promote compliance, corrections failure, and establish this provision in the light of the relevant provisions of the State.
Article II engages in letters and credit assessment activities within this province, provides, discloses and handles credit information, and conducts related credit monitoring activities to apply this provision.
The credit assessment referred to in the previous paragraph refers to credit assessment services provided to society.
Article 3. The Government of the Provincial People has established an Integrated Monitoring Authority for Credit Activities (hereinafter referred to as the Provincial Complementary Regulatory Authority), which is responsible for overseeing the whole province's letter and credit assessment activities. The sectors established by the municipalities, districts and self-government authorities are responsible for overseeing the recruitment and credit assessment activities in this administrative area.
In accordance with their respective responsibilities, the relevant branches of the Government oversee the management of credit services activities.
Article IV should be guided by the principles of legality, objectivity and impartiality, in the conduct of letters and credit assessment activities.
Article 5 collects, provides, discloses information on corporate and individual credits and does not disclose State secrets, commercial secrets, and should respect personal privacy and ensure that information is authentic and accurate.
Public credit information should be made public by law to promote the sharing of credit information resources.
Article 7 encourages credit service industry organizations to develop and implement industrial norms that provide operational guidance and services to members and implement industry self-regulation.
Article 8. The executive organs should take measures to encourage the perpetrators and to rectify those who fail.
Chapter II
Article 9. Establishment of public accreditation institutions in Southern Province (hereinafter referred to as public solicitation bodies), responsible for the collection of public credit information, the establishment of a database of public credit information covering individuals, businesses and public credit information systems, the achievement of interconnection and sharing of information between national authorities and relevant organizations and the provision of information referral services for society.
Article 10 The executive organs of this province, organizations exercising public management functions and information on personal and corporate credits generated by the authorities of the State concerned in the performance of their duties in accordance with the relevant provisions shall be submitted to public solicitation bodies for collation and maintenance.
Specific approaches to the submission, collation, maintenance and use of public credit information have been developed by the provincial credit integrated regulatory body and approved by the Government.
Article 11 provides for the collection and collation of public credit information in accordance with article 9, article 10 of the present article and does not apply to the provisions of Article 12, Article 15.
The provision of this chapter should be adhered to by public solicitation agencies to collect credit information directly from individuals or businesses.
Article 12. The solicitation body may collect the following personal credit information, with the written consent of the individual being admitted:
(i) The name, sex, date of birth, identification number, residence address, education, occupation, work unit, etc.;
(ii) Assets information such as income, savings, taxes, real estate, value securities, motor vehicles;
(iii) Information on commercial transactions, such as credits and purchases, carried out by individuals and financial institutions and other business agencies;
(iv) Information on the payment of services incurred by individuals and utilities services;
(v) Other information reflecting individual credit status.
Article 13. The solicitation body collects the following credit information without the consent of the applicant:
(i) The public record information of individuals that can be made public by the executive organs, the judiciary in the exercise of its mandate;
(ii) Individual credit information that has been made public by law.
Article 14. The solicitation body collects the following corporate credit information without the consent of the licensee:
(i) Business registration, tax registration, registration of corporate codes, basic information on qualifications, qualification and trademarks, product identification;
(ii) Operational financial information, such as asset liabilities, losses and cash flows;
(iii) Commercial transaction information, such as credit purchase, performance;
(iv) Public records of enterprises, such as executive organs, the judiciary, etc., can be made publicly available by law;
(v) Other information reflecting the status of corporate credit.
Article 15. The solicitation body collects credit information from the following enterprises, subject to written consent from the licensee:
(i) Reservations and tax information that are not publicly available by law;
(ii) credit information relating to business secrets;
(iii) Laws, regulations stipulate that other credit information that may be collected by the consent of the enterprise should be obtained.
Article 16 prohibits the collection of credit information by law, legislation and regulations and the solicitation body shall not be collected.
Article 17
(i) Be directly collected by the individual, the enterprise (hereinafter referred to as the licensor);
(ii) To collect units and individuals with the credit information of the licensee;
(iii) Be collected from lawful public information;
(iv) Be collected through other means not prohibited by law, legislation and regulations.
The unit providing credit information, the individual (hereinafter referred to as the information provider) shall, prior to the provision of the credit information to be collected by the applicant's consent, obtain the written consent of the applicant.
The solicitation body may provide the information with a certain cost or compensation in accordance with the agreement.
Article 18 shall not collect credit information from the respondent by deceiving, stealing, bribery, inducement, coercion, intrusion of computer networks, or by improper means and means.
Article 19 The solicitation body shall keep the collected credit information in a timely and accurate manner into the credit information database and maintain the original integrity of the information and shall not be constructed or modified.
The licensor should maintain the credit information database.
Article 20 produced credit reports by the solicitation body, which should reflect objectively the credit information of the author, shall not be inferred and shall be in accordance with industry norms.
Article 21, fees for the provision of credit services by the licensor, in addition to the cost of the cause, are subject to government guidance, which is approved by the provincial price administration and by the provincial credit integrated regulatory body.
The provision of credit services by public obligatory institutions can only be charged with costs.
In the first quarter of the year, the solicitation body shall report to the provincial credit integrated regulatory body on the status of the operation of the previous year and the changes in the current year.
Chapter III Credit assessment
Article 23 shall be in compliance with the following conditions:
(i) Professional management and analytical personnel that are adapted to credit assessment operations;
(ii) There are criteria and procedures for scientific, normative and compliance with international practice;
(iii) There are strict information archives management, safety prevention systems and necessary facilities.
Article 24 shall be registered by the credit assessment body in accordance with the law and be filed within 30 days of the date of the acquisition of a business licence.
The following materials should be made available in the credit assessment institution:
(i) Business licence (release);
(ii) Unit structure, organizational structure statement;
(iii) The credit status of senior management confirms the basic situation of relevant business professionals;
(iv) Scope of credit assessment operations, assessment criteria, assessment procedures and information security prevention systems, measures;
(v) Status of major hardware facilities.
The changes should be reported to the provincial credit integrated regulatory body within 30 days of the date of the change.
The provincial credit integrated regulatory body should make available to the community a written credit assessment institution, in accordance with the law, and make public information on the merits.
Article 25 Credit assessment institutions can accept corporate, individual entrustment, assess the credit situation of the commissionor; or offer an assessment of the credit status of the specific assessment target.
Article 26 The credit assessment body should verify the authenticity and legitimacy of the information obtained at the time of the assessment.
Article 27 credit assessment reports from credit assessment agencies should be objective, impartial and non-reduced.
The credit assessment report should include the following:
(i) The basic situation of the assessor;
(ii) The main information on which the assessment is based;
(iii) The criteria and methods to be used for the assessment;
(iv) Evaluation of conclusions or levels;
(v) Other needs.
Article twenty-eighth credit assessment fees are subject to government guidance and specific standards are approved by provincial price administrations with provincial credit integrated regulatory agencies.
In the first quarter of the year, the credit assessment body shall report to the provincial credit integrated regulatory body on the status of the operation of the previous year and the changes in the current year.
Chapter IV
Article 33 The use of Internet-gathering and transfer of credit information by the solicitation bodies, credit assessment bodies should take confidential measures to protect data security.
Accreditation institutions, credit assessment agencies should establish strict management systems that take the necessary technical measures to guarantee the operation of the credit information system.
Indicative institutions, credit assessment agencies should establish monitoring systems for operating and external missions within the credit information database to prevent illegal incursions.
Article 31 provides credit access services to the following institutions and individuals:
(i) There are credit, purchase, payment, debt, investment, lease, security, employment, insurance, etc. in connection with the requisitioner, and in order to complete the agreement between the parties, institutions or individuals who use credit information to the parties;
(ii) Institutions or individuals authorized by the applicant;
(iii) Other bodies or individuals under the laws, regulations and regulations.
In accordance with its mandate, national authorities need to be aware of the credit information of the licensor, which is obliged to provide a search.
Article 32, without the consent of the licensor and the licensor, the owner of the credit report shall not disclose the contents of the credit reports to other units, individuals.
Article 33 accepts the credit assessment reports commissioned by the credit assessment body, which may be disclosed in accordance with the agreement entrusted to it. In the absence of the written consent of the author, the credit assessment body shall not be subject to unauthorized disclosure.
The credit assessment report, which was initiated by the credit assessment body, contains credit information that may be used and disclosed by the assessor's consent, shall be disclosed after the written consent of the assessmentor; and not contain credit information that may be used and disclosed by the assessmentor's consent, and the credit assessment body may determine whether the provision of compensation or the release of the non-reimbursable.
The above-mentioned credit assessment report should provide one non-reimbursable assessment to the assessor.
Article 34 quantify the following credit information:
(i) In relation to State secrets;
(ii) Questions relating to commercial secrets, personal privacy and disclosure without the written consent of the applicant;
(iii) Over the period of statutory preservation and disclosure;
(iv) Laws, regulations prohibit disclosure of other information.
The information provided by the State organs in accordance with the relevant provisions is governed by the law to the solicitation body, the credit assessment body.
Article 35 quarant institutions, credit assessment agencies may maintain and disclose, in accordance with the law, credit information of the licensor, but in addition to poor information other than the record of the crime, no further disclosure or use shall be disclosed or used since the end of the event. The law, legislation and regulations provide otherwise in accordance with their provisions.
Article XVI, credit information that is preserved and continuously disclosed by the solicitation body, the credit assessment body, should be updated in a timely manner.
Article 37 Accreditation institutions, credit assessment agencies should record the use of credit information.
The record of the use of credit information should include the full record of the time used for credit information and the use of the person.
The record of the use of credit information shall not be kept less than two years.
Article 338 Authors, the assessor shall be entitled to refer to the solicitation body, the credit assessment body, the credit information of the enterprise and its sources, the record of the use of credit information, and the solicitation body, the credit assessment body shall provide a search.
Article 39, in one of the following cases, may be challenged by the applicant and the assessor:
(i) Accreditation institutions, the deposit of credit assessment institutions, the accuracy, integrity, non-relevant or outdated credit information;
(ii) The applicant, the assessor's perception that the credit report, the credit assessment report is incompatible with the facts.
Article 40 quantification agencies, credit assessment agencies should make the disclosure information at the time of the dispute settlement. The objector provided sufficient evidence and the solicitation body, the credit assessment body should immediately suspend disclosure of the relevant credit information.
Article 40 quarant institutions, credit assessment bodies should complete verification of the information on objections within 10 days of the date of receipt of the objection and the request for corrections, and make corrections or corrections written replies to the objector. The credit reports, the credit assessment reports have been corrected and should be accompanied by the text of the corrections. There should be no corrections to explain why.
The objecting information is indeed misleading, but, for technical reasons, the solicitation body, the credit assessment body should make a special note on the objecting information to be distinguished from other objections.
Article 42, the solicitation body, the credit assessment body, when verifying the objecting information, requires the assistance of the information providers.
The information provided does not assist in the verification of the objection, and the solicitation body, the credit assessment body may not be able to verify themselves.
Article 43, the solicitation body, the credit assessment body, does not deal with the objecting information or the dissatisfaction of the objector to the treatment of the results, may lodge a complaint to the provincial credit integrated regulatory body.
Article 44 also provides for access and public credit information, in accordance with its provisions.
The solicitation institutions, credit assessment agencies need to collect relevant government information, and the relevant units should provide access to collection facilities in accordance with the relevant provisions of public information.
Chapter V Encourage and corrections
Article 45 of this province's executive organs should strengthen guidance to promote, encourage and promote the use of credit reports, credit assessment reports, etc. in business activities such as project cooperation development, commercial investment, commercial procurement, business decision-making, and credit assessment reports, as well as creditworthiness.
Article 46
(i) To apply for participation in credit, product promotion activities or business activities organized by the Government;
(ii) Participation in tendering activities such as government procurement, government investment projects;
(iii) It is proposed to enter into a commissioning and service contract with this unit;
(iv) Other cooperation with this unit is proposed.
Article 47, when monitoring inspections are carried out, administrative law enforcement agencies should strengthen day-to-day oversight inspections, as a matter of inspection or inspection, with respect to enterprises that do not have a misconception and a record of the law, and may not include them in various types of vetting, vetting.
Article 48 provides individuals with serious negative credit records or heads of companies with serious adverse credit records, who are not appointed as high-level managers, such as heads of State-owned enterprises, State-owned companies and directors, within five years from the end of the incident.
It should be strictly enforced by law, regulations, regulations and regulations that impose restrictive provisions on enterprises and their legal representatives who are misconceptive, the principals in the areas of registration, qualification of qualifications and qualifications of office.
Article 49 has not been registered in accordance with the law for the purposes of solicitation, credit assessment operations, which are dealt with by the business administration.
The credit assessment body has not been able to file a case pursuant to this provision, with a fine of more than 3,000 dollars for the provincial credit integrated regulatory body.
Article 50 quantify institutions, credit assessment agencies have one of the following acts, either by the provincial credit integrated regulatory body or by the body entrusted by it under the law, and by fines of more than 1000 dollars, the laws, regulations and penalties are provided in accordance with their provisions:
(i) The credit information collected without the consent of the licensor;
(ii) Absorption, falsification of personal credit information or unauthorized access to information prohibited;
(iii) Non-assessments based on public assessment criteria and procedures, or an assessment of the content of the credit information obtained, resulting in a finding of error;
(iv) Provision and disclosure of credit reports, credit assessment reports or other credit information relating to personal privacy, in violation of the provisions;
(v) No search services are provided to the respondent and the assessor as required;
(vi) The information on objections is not dealt with in accordance with the provisions.
Article 50 quantify institutions, credit assessment agencies have one of the following acts, reproduced by the provincial credit integrated regulatory body or by the body entrusted by it under the law, and fined by more than 3,000 dollars, in accordance with the provisions of the law, legislation and regulations with respect to sanctions; and criminal liability under the law:
(i) The collection of credit information prohibited;
(ii) The collection of credit information by deception, theft, bribery, inducement, coercion, intrusion of computer networks, or by improper means and means;
(iii) Disclosure of credit information relating to State secrets and commercial secrets;
(iv) Is false credit reports or credit assessment reports;
(v) Because of the illegal invasion of the credit information database due to the evacuation of the prevention and management, the credit information is disclosed.
Article 52 is one of the following acts by the solicitation body, the staff of the credit assessment body, which is warned by the provincial credit integrated regulatory body or by the body entrusted by it under the law, and may be fined by more than 1,000 dollars; and which constitutes a crime and is criminally criminalized by law:
(i) Streamlining, storing credit information;
(ii) Release information on credits known.
Article 53 provides a person with the intention to provide false credit information to the licensor, the credit assessment body, with a fine of up to 5,000 dollars to be imposed by the provincial credit integrated regulatory body or by the body entrusted under the law.
Article 54 quarants, assessees deliberately provide their own false credit information to the licensor, the credit assessment body, which is fined by the provincial credit integrated regulatory body or the body entrusted by it under the law of €300,000.
Article 55 contains one of the following cases for the use of credit information, which is fined by the provincial credit integrated regulatory body or by the body entrusted by the law of over 300,000 dollars:
(i) Provision of false or false information purposes;
(ii) The use and disclosure of credit information obtained in violation of the law.
Article 56 provides administrative disposal in accordance with the relevant provisions; constitutes an offence punishable by law.
Article 57 violates the civil rights of others by the crediting party, causing damage to others and assumes civil responsibility under the law.
Annex VI
Article 58 of this provision provides for the credit assessment body established by law prior to the implementation of this provision, which shall, within 30 days of the date of the implementation of this provision, proceed with the process of filing a request to the provincial credit integrated regulatory body.
Article 599 specialized credit information services, such as the fiduciary survey body, the credit management advisory services, reference to the application of the provisions of this provision on credit assessment agencies.
The question of the specific application of this provision is explained by the provincial credit integrated regulatory body.
Article sixtieth of the present provision is implemented effective 1 March 2006.