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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(November 14, 2005, Hainan Provincial people's Government at the 75th Executive meeting on December 7, 2005, Hainan Provincial people's Government, the 197th reported as of March 1, 2006) Chapter I General provisions article in order to regulate the credit activities and credit information management services, and safeguarding legitimate rights and interests of credit activities, and create a social credit environment, and trustworthy, disciplinary breach, according to relevant regulations of the State, combined with the facts of the province, these provisions are formulated.
    Article in the context of the province engaged in credit reporting and credit rating activities, provide, disclose and handle credit information, as well as associated credit supervisory activities, these provisions shall apply.
    Credit evaluation referred to in the preceding paragraph, is to provide credit evaluation service. Third provincial credit activities established integrated regulatory authority (hereinafter referred to as the province consolidated supervision of credit institutions), is responsible for the supervision and administration of credit information and credit rating activities in the province.
    The sector of the city, the people's Governments of counties, autonomous counties to determine, is responsible for the administration of credit information and supervision and administration of credit rating activities.
    The Government departments concerned in accordance with their respective responsibilities, to supervise managing activities related to credit services.
    Fourth engaged in collecting and credit assessment shall follow the principles of lawfulness, objectivity and impartiality.
    Fifth collection, provision, disclosure of credit information of enterprises, individuals may not disclose State secrets, business secrets and personal privacy should be respected, ensuring information is true and accurate.
    Sixth of public credit shall disclose the information to promote social credit information resources sharing.
    Seventh to encourage credit services organizations to develop and promote industry standards, provide operational guidance and services for members, the implementation of industry self-regulation.
    Eighth administrative organs shall take measures to encourage faithful, disciplinary breach.
    Zhang Zhengxin Nineth II establishment of Hainan Province public credit institutions (hereinafter referred to as public credit institutions), is responsible for the collection of public information, establish covers individuals, businesses of the province's public credit information database and public credit information system, interconnection and information sharing of realization of State organs and relevant organizations, and to provide information services.
    The tenth article of the provincial administrative authorities, the exercise of the functions of public administration organization and the relevant State organs shall perform their duties on personal and business credit information, shall be submitted in accordance with the relevant provisions of public credit institutions, which is responsible for finishing and maintenance.
    Public credit information, organize, maintain, and use of specific measures, drawn up by the province consolidated supervision of credit institutions, submitted to the provincial people's Government for approval.
    11th a public credit institution, in accordance with the provisions of the Nineth and tenth article collection, organize public information, not provided for in this chapter shall apply to the 12th, 15th.
    Public credit institutions collected credit information on individuals or businesses directly to the community, shall comply with the provisions of this chapter.
    12th article levy letter institutions by was levy letter personal of written agreed, can collection following personal credit information: (a) name, and gender, and was born date, and ID number, and live address, and degree, and career, and work units, basic information; (ii) income, and savings, and tax amounts, and real estate, and securities, and motor vehicle, assets information; (three) personal and financial institutions and other commercial institutions occurred of credit, and credit, commercial trading information; (four) personal and utilities service institutions occurred of service payment information;
    (E) reflect the personal credit for additional information.
    13th credit bureaus collect credit information of the following, do not need to obtain the consent of individuals by credit: (a) administrative organs, judicial organs in the exercise of powers in the process of formation of personal public record information can be made public according to law, (ii) personal credit information has been publicly.
    14th article levy letter institutions collection following enterprise credit information, not needed consent of was levy letter enterprise of agreed: (a) business registration, and tax registration, and organization institutions code registration, get of qualification, and qualification finds and trademark, and products finds, aspects of basic information; (ii) assets liabilities, and profit and loss and cash flow, business financial information; (three) credit, and performance situation, commercial trading information; (four) administrative organ, and judicial organ, in exercise terms in the formed of law can public of enterprise public records information;
    (E) reflected enterprises ' credit status for additional information.
    15th credit bureaus collect the following credit information, required written consent of credit agreed to: (a) failing to open Enterprise loan, tax information, (ii) relates to commercial secret of enterprise credit information, (iii) laws and regulations should ask the companies permission to collect additional information.
    16th laws and regulations prohibiting the collection of credit information, credit institutions shall not be collected.
    17th article levy letter institutions can through following way collection credit information: (a) to was levy letter of personal, and Enterprise (following collectively was levy letter people) directly collection; (ii) to master was levy letter people credit information of units, and personal collection; (three) from legal public of information in the collection; (four) through legal, and regulations not ban of other way collection.
    Units and individuals that provide credit information (hereinafter referred to as information providers) in providing the consent of credit agreed before it can collect credit information, shall check whether credit institutions obtain the written consent of the credit.
    Credit bureaus can provided information pursuant to an agreement to pay the fees or remuneration.
    18th article credit institutions shall not by deception, theft, bribery, inducement, coercion, illegal intrusion into computer networks, or improper ways and means collected by collecting people's credit information.
    19th credit bureaus collect credit information should be timely, accurate credit information database entry, maintain the original integrity of information, may not be fictitious or tampered with.
    Credit bureaus credit information database should be backed up for safe keeping.
    20th Credit Bureau making credit reports should reflect the credit people credit information shall not be inferred, and should be consistent with industry standards.
    21st credit bureaus provide credit service charges, in addition to fees, a Government-guided prices, specific criteria by the provincial price Administration Department in conjunction with the consolidated supervision of credit institutions, for final approval.
    Public credit institutions provide credit services can charge costs.
    22nd article credit institutions shall in the first quarter of the year, the previous year, the business situation and the adjustment of business this year, reporting to the consolidated supervision of credit institutions,.
    Third chapter credit assessment 23rd article credit assessment institutions should meet following conditions: (a) has and credit assessment business phase adapted of credit, and financial, and investment, and archives, aspects of professional management and analysis personnel; (ii) has science, and specification and meet international practice of credit assessment standard and program; (three) has strictly of information archives management, and security prevention system and necessary of facilities.
    24th credit rating agencies shall handle industrial and commercial registration, and obtain business license within 30th of consolidated supervision of credit institutions, for the record.
    Credit assessment institutions record should provides following material: (a) business license (copies); (ii) equity structure, and organization structure description; (three) senior management personnel of credit status proved and related business professionals of basic situation; (four) credit assessment business range, and assessment standard, and assessment program and information security prevention system, and measures situation; (five) main hardware facilities situation.
    Record content when a significant change occurs in the preceding paragraph shall be from the date of change in the 30th and changes reported to the consolidated supervision of credit institutions, for the record.
    Consolidated supervision of credit institutions, it shall publicize the filing of credit rating agencies, and public record information.
    25th delegate that credit rating agencies can accept corporate, personal, to assess the credit status of the client; you can also take the initiative to assess the credit status of a specific object.
    The 26th when credit rating agencies assess, the access to credit by assessment information should be verified to ensure the authenticity and validity of information.
    27th credit assessment reports issued by the credit rating agencies should be objective, fair, and not make false valuation.
    Credit assessment shall include the following information: (a) assess the situation of basic human and (b) it has assessed mainly on the basis of information and (iii) assessment is based on the standards and methods; (d) the assessment conclusions or ratings; (v) other specified content.
    28th credit assessment fees subject to Government guided, specific criteria by the provincial price Administration Department in conjunction with the consolidated supervision of credit institutions, for final approval.
    29th credit rating agencies should be in the first quarter of the year, the previous year, the business situation and the adjustment of business this year, reporting to the consolidated supervision of credit institutions,.
    Fourth chapter disclosure of credit information, and objection handling article 30th credit institutions, credit rating agencies use the Internet acquisition and transmission of credit information, security measures should be taken to protect data security.
    Credit reporting agencies, credit rating agencies should establish a strict management system, to take the necessary technical measures to ensure safe operation of the credit information system.
    Credit reporting agencies, credit rating agencies shall establish a credit information database running inside and external access control system to prevent illegal intrusion.
    31st article levy letter institutions can to following institutions, and personal provides credit query service: (a) and was levy letter people exists credit, and credit, and payment, and debt, and investment, and rental, and guarantees, and employment, and insurance, relationship, for completed both agreed of affairs need understand, and using other credit information of institutions or personal; (ii) was levy letter people authorized query of institutions or personal; (three) legal, and regulations, and regulations provides of other institutions or personal.
    State ex officio require credit by credit information, credit institutions are obliged to provide the query.
    32nd without consent of the credit and credit reporting agencies, credit report users are not allowed to other units and individuals to disclose credit reporting. Article 33rd credit rating agencies entrusted to make credit assessments, the conventions may, in accordance with the trust agreement be disclosed.
    Without the written consent of the client, credit rating agencies are not allowed to disclose.
    The credit assessment of the credit rating agencies offer, contains the required consent of the assessor may use and disclosure of credit information, evaluated written consent shall be obtained before the disclosure does not contain the required consent of the assessor may use and disclose credit information, credit rating agencies can decide on their own paid or provided free publications.
    Credit evaluation report provided for in the preceding paragraph, shall be evaluated one provided free of charge 1.
    34th article levy letter institutions, and credit assessment institutions shall not through credit report, and credit assessment report or other form, disclosure following credit information: (a) involved national secret of; (ii) involved commercial secret, and personal privacy and without was levy letter people written agreed disclosure of; (three) over statutory save and disclosure term of; (four) legal, and regulations provides ban disclosure of other information.
    State law to credit bureaus, credit rating agencies query the information prescribed in the preceding paragraph, in accordance with the relevant regulations. Credit institutions, credit rating agencies in the 35th to the long-term preservation and disclosed to the credit of credit information in accordance with law, but bad information other than criminal records, poor credit or has more than 5 years from the date of the end of the event, it should be clear without further disclosure or use.
    Otherwise provided by laws and regulations, in accordance with its provisions.
    36th credit institutions, credit rating agencies for their saving and on-going disclosure of credit information should be updated in a timely manner.
    37th credit institutions, credit rating agencies should be recorded on the credit information is used.
    Use of credit information recorded should include the credit information is used, use one of the full record.
    Credit information using records kept for not less than 2 years.
    Article 38th credit people, was to assess the right to credit bureaus, credit rating agencies query I, the enterprise's credit information, credit information and its sources using records, credit bureaus, credit rating agencies should provide queries.
    39th under any of the following circumstances, credit people, over time people can be challenged for corrections: (a) save the credit reporting agencies, credit rating agencies, disclosure of credit information is inaccurate, incomplete, irrelevant or outdated; (b) is collecting people, is considered by assessing credit reporting, credit scoring report is inconsistent with the facts. The 40th credit institutions, credit rating agencies to disclose information in objection handling should be marked.
    Applicant to provide sufficient evidence, credit bureaus, credit rating agencies should immediately suspend the disclosure of credit information. 41st credit institutions, credit rating agencies shall, upon receiving the objection and request date in the 10th, complete challenge information to verify, correct or not correct the written response and sent to the opponent. Credit report, credit report has been corrected, should together with the corrected text.
    Is not corrected, it shall explain the reasons.
    Object information is wrong, but for technical reasons cannot be corrected, credit bureaus, credit rating agencies should be the object of information for special marking, as distinguished from other object information.
    The 42nd article credit institutions, credit rating agencies provide people assistance in verifying dissenting information needs information, and information providers shall provide assistance.
    Provide information people don't assist in verifying information about the objection, credit reporting agencies, credit rating agencies and cannot be verified, no further retention and disclosure of this information.
    Article 43rd credit institutions, credit rating agencies not in accordance with the provisions dealing with objections information or objection people not satisfied with the results, you can complain to the consolidated supervision of credit institutions,.
    44th laws, rules and regulations, and the provincial government to query and open public credit information otherwise provided, in accordance with its provisions.
    Credit reporting agencies, credit rating agencies need to collect information on Government, the authorities concerned shall, in accordance with the relevant provisions of the disclosure of Government information, and provides collection facilities.
    The fifth chapter encourages corrections 45th Executive authorities at all levels in the province should strengthen guidance, promote, encourage and facilitate the enterprises and other organizations in project development, business investment, business procurement, management used in business activities such as credit reports, credit report and other credit products, check their credit status.
    46th article this province levels administrative organ, and exercise public management functions of organization, should on following enterprise, and personal of credit status for strictly review, according to need using credit report, and credit assessment report, and priority arrangements or select reputation good of enterprise, and personal: (a) application participate in government organization of credit, and products promotion activities or investment activities of; (ii) participate in government procurement, and government investment project, tender bid activities of; (three) intends and this units made delegate, and service contract of;
    (D) other cooperation be carried out with the unit.
    47th article administrative law enforcement institutions in implementation supervision check Shi, for no promise and illegal records of enterprise, can in legal, and regulations provides of permission range within on its implemented must range and term of exemption, and from trial; for has more items promise and illegal records of enterprise, should strengthening daily supervision check, as check or checks focus, and shall not will its included various exemption, and from trial range.
    48th serious adverse credit records of individual heads of enterprises or suffering from bad credit records, poor credit practices or events within 5 years from the date of the end may not be appointed as the province's State-owned enterprises, heads of State-controlled companies, directors and other senior management personnel.
    Laws, regulations or rules to credit of enterprises and its legal representative, the main charge registration, qualification assessment, qualification and other restrictive provisions, should be strictly enforced.
    The 49th has not been legally registered without levy, credit evaluation of operational activities, by the industry and commerce administration departments dealt with according to law.
    Credit rating agencies are not in accordance with the provisions of the record, composed of consolidated supervision of credit institutions, up to 5000 Yuan and 30,000 yuan fine. 50th article levy letter institutions, and credit assessment institutions has following behavior one of of, by province credit integrated regulatory institutions or its law delegate of institutions ordered corrected, and sentenced 1000 Yuan above 20,000 yuan following of fine, legal, and regulations on punishment another has provides of in accordance with its provides: (a) without was levy letter people agreed collection limit collection of credit information of; (ii) fictional, and tampered with personal credit information, or unauthorized entry ban entry of information of; (three) not according to public of assessment standard and program for assessment,
    Or on made of credit information content not for verified and for assessment, caused assessment conclusion false of; (four) violation provides provides and disclosure credit report, and credit assessment report, or involved personal privacy of other credit information of; (five) not by provides to was levy letter people, and was assessment people provides query service of; (six) not by provides processing objections information of.
    51st article levy letter institutions, and credit assessment institutions has following behavior one of of, by province credit integrated regulatory institutions or its law delegate of institutions ordered corrected, and sentenced 5000 Yuan above 30,000 yuan following of fine, legal, and regulations on punishment another has provides of in accordance with its provides; constitute crime of, law held criminal: (a) collection ban collection of credit information of; (ii) to cheat, and steal, and bribery, and inducements, and stress, and invaded computer network, illegal or not due way and means collection credit information of;
    (C) involve State secrets, business secrets and violation of disclosure of credit information; (d) issued a false credit report or credit report, (v) credit information database due to neglect of prevention and management of intrusion, disclosure of credit information.
    52nd credit institutions, credit rating agencies staff of any of the following acts, composed of consolidated supervision of credit institutions, or entrusts the offices give a warning, and a fine of less than 1000 Yuan and 10,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law: (a) the fictitious, altered, credit information, (ii) unauthorized disclosure of credit information that it knows.
    53rd credit information deliberately provided to credit institutions, credit rating agencies give false credit information from provincial consolidated supervision of credit institutions or entrusts the Agency fined 1000 Yuan more than 5000 Yuan fine.
    Credit people, were assessed in the 54th was deliberately to credit institutions, credit rating agencies to provide their own false credit information, by province consolidated supervision of credit institutions or entrusts the offices up to 3000 Yuan and 10,000 yuan fine.
    55th credit information using one of the following circumstances, by the province consolidated supervision of credit institutions or entrusts the offices up to 3000 Yuan and 10,000 yuan fine: (a) the purpose of providing false identities or used false information; (b) unlawful use, disclosure of the credit information.
    56th executive staff fictitious, altered, credit information, or provide, disclose knowledge of credit information without authorization, in accordance with the relevant provisions of administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    57th credit parties violating someone's civil rights, causes harm to another person, he shall bear civil liability.
    Sixth chapter supplementary articles article 58th of the provisions prior to the introduction of registration of credit rating agencies established by law shall, from the date of the present provisions in the 30th, to the consolidated supervision of credit institutions, the filing formalities.
    59th credit institutions, credit management consulting services, and other professional information service, mutatis mutandis, the provisions of these rules with regard to credit rating agencies.
    60th specific problems in the application of these provisions, interpreted by the province responsible for consolidated supervision of credit institutions.
            61st these provisions come into force on March 1, 2006.