Laws of the Guangdong Province

Administrative  Measures  of  Shenzhen  Municipality  on  Individual  Credit  Information  Collecting  and  Credit  Rank  Evaluating

(Formulated  by  Decree  No.106  of  the  Shenzhen  Municipal   People' s  Government  on  December 18 , 2001)

Article 1  In order to establish the individual credit system of Shenzhen Municipality (hereinafter referred to as "this municipality" ), to standardize the individual credit information collecting and credit rank evaluating, to prevent credit risks, and to protect the lawful rights and interests of the party, these measures are formulated in accordance with the provisions of the related laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2  The collecting and utilizing of the individual credit information within the administrative areas in this Municipality shall be governed by these measures.

The individual mentioned in these measures means the natural person that has full civil capacity.

Article 3  The meanings of terms in these measures are as follows:

(1) "Credit information collecting institution" means a legal person which establishment is approved according to these measures, collecting the individual credit information, and providing the consultant and rank evaluating service of individual credit information to the commercial bank and other individual credit information users.

(2) "Collecting of the individual credit information" means the activity that the credit information collecting institution, by agreements with the commercial bank and other information providing units, collects and preserves the individual credit information dispersed in the commercial bank and the society to form the database of individual credit information.

     (3) "Individual credit rank evaluating" means the activity that the credit information collecting institution takes a rank evaluating to the individual credit information collected according to its credit rank evaluating standard.

     (4) "Individual credit information" means the personal commercial credit record and other information that may have effects on judging one' s credit status.

Article 4  The credit information collecting institution, the individual credit information providing and using unit and their staff shall keep secret of the individual information obtained in the collecting and utilizing the individual credit information , shall not disclose it to any third party, and shall not utilize it beyond the using and duty range stipulated by these measures.

Article 5  To undertake individual credit information collecting and credit rank evaluating, any unit shall be approved by Shenzhen Municipal People' s Government and Shenzhen Central Subbranch of the People' s Bank of China, and go through the industrial and commercial registration formalities according to law.

Any individual is prohibited to undertake individual credit information collecting and credit rank evaluating.

Article 6  The Supervisory Commission of Individual Credit Information Collecting and Credit Rank Evaluating shall be established in this Municipality, which is in charge of supervising and managing individual credit information collecting and credit rank evaluating.

The composition, duty and agenda rules of the Supervisory Commission shall be stipulated by the Municipal People' s Government separately.

Article 7  The credit information collecting institution shall collect the individual credit information with the individual' s consent except lawfully disclosed individual credit information.

Article 8  The individual credit information collected by the credit information collecting institution are limited to the followings that may affect one' s credit status:

(1)Personal identity status: name, gender, date of birth, number of identity card, residence place of population registration, residence place, status of marriage, status of family member, status of income, work unit, career, educational background, etc.

(2)Record of commercial credit: record of personal loan, repaying, personal credit card' s using and other credit action in commercial banks, and record of credit transaction between the individual and other commercial institutions.

(3)Record of public information in society: record of one' s tax payment, social insurance, property state and alteration.

(4)Special record: the record that may affect one' s credit status concerning civil, criminal, administrative suit and administrative punishment.

Article 9  The credit information collecting institution shall collect the individual credit information with the individual' s consent by the agreed way with the information providing unit.

The agreement between the credit information collecting institution and the information providing unit shall be provided to the Municipal Supervisory Commission of Individual Credit Information' s Collecting and Credit Rank' s Evaluating for record.

The information providing unit shall provide the individual credit information for the credit information collecting institution according to the agreement.

The information providing unit shall be responsible for the truth of the provided information.

Article 10  The credit information collecting institution shall collect the individual credit information according to the principles of objectiveness and fairness, and shall keep the original integrity of the information provided, and shall not selectively collect the individual credit information.

Article 11  The individual credit rank evaluating report shall be made objectively and fairly according to the credit rank evaluating standard of the credit information collecting institution.

The credit rank evaluating standard of the credit information collecting institution shall be reported to Shenzhen Municipal Supervisory Commission of Individual Credit Information Collecting and Credit Rank Evaluating for approval.

Article 12  The credit information collecting institution may provide the consultant service of the individual credit to the following units and persons:

(1)the financial institution, dealing with the individual' s application of financial business or the commercial institution, making a credit deal with the individual;

(2)the natural person or legal person authorized by the individual;

(3)the judicial authority and tax authority, making investigations by authority;

(4)other authorities stipulated by laws and regulations.

Article 13  The credit information collecting institution provide compensable consultant service of the individual credit except any case found as follows:

(1)the judicial authority and tax authority, making investigations according to their duties and powers;

(2)other users no fees shall be imposed on according to the laws and regulations.

Fees standard provided by the credit information collecting institution shall be checked by the municipal price authority.

Article 14  The credit information, utilized by the users prescribed in Item 1 and 2 of Article 12 of these measures, are limited to the range of knowing the individual' s credit status.

Users are prohibited to undertake any activities but to know the individual' s credit status by using gained individual information.

Article 15  The credit information collecting institution shall provide individual credit information for an inquiry to himself.

The individual can inquire about his credit information from the credit information collecting institution by showing his identity card.

Article 16  If finding the mistakes of his credit information, the individual may apply for a correction.

After receiving the individual' s application for a correction, the credit information collecting institution shall have a check. If the checked information is not consistent with the original information provided by the information providing unit, the credit information collecting institution shall correct it immediately. If the checked information is consistent with the original information, the credit information collecting institution shall tell the individual to apply for a correction to the information providing unit.

The individual shall supply a written apply of correcting information within 5 working days from the date that the credit information collecting institution told him it. The credit information collecting institution shall reply writtenly within 10 working days from the date that it has received the individual' s apply of correcting information.

Article 17  The credit information collecting institution shall reply writtenly to the credit information that the individual applies for a correction to the information providing unit,. If the information providing unit doesn' t reply beyond the deadline, but the individual still considers the information wrong, he can put forward a written objection report. The credit information collecting institution shall put the objection report into the individual' s credit information.

During the individual' s apply for a information correction, the credit information collecting institution must not announce the individual' s credit report to the outside. If the individual doesn' t supply the apply of correcting information to the information providing unit beyond the deadline, it will be regarded that the individual has no objection to the information, and the credit information collecting institution can announce the information to the outside.

Article 18  The credit information collecting institution can preserve the individual credit information for a long period of time. But the time limit of preserving the special record in the individual credit information can' t exceed 7 years unless laws and regulations other require.

The time limit of preserving the individual credit information is counted from the day that the information has been collected.

Article 19  The credit information collecting institution shall keep a record of using the individual credit information, and put it into the database.

The record of using the individual credit information shall include the whole record of the time and the target that the individual credit information is used.

The record of using the individual credit information shall be preserved for 2 years from it comes into being.

Article 20  The credit information collecting institution shall be responsible for upholding and managing the system and the materials of the database of the individual credit information, and renewing the database of the individual credit information according to the individual credit information collected.

Article 21  The credit information collecting institution shall use the special net to collect and transfer the individual credit information by the, and the public internet is prohibited.

When the credit information collecting institution accepts and transfers the individual credit information by the special net and finds the mistakes, it shall immediately tells the information providing unit to correct them.

Article 22  The liability unit or individual concerned shall bear the civil liability pursuant to law in any case found as follows:

(1)The credit information collecting institution and its staff, violating the duty of keeping secrecy, disclose the individual credit information to the third person;

(2)The users of the individual credit information or its staff disclose the individual credit information or use it beyond the using range;

(3)The credit information collecting institution arbitrarily revises the individual credit information provided by the unit, and alter the individual credit rank.

Article 23  If the credit information collecting institution violates the provisions of these measures when collecting, transferring, arranging the individual credit information, evaluating the individual' s credit rank or providing the service of credit information, Shenzhen Municipal People' s Government and the Shenzhen Central Subbranch of the People' s Bank of China will circulate a notice of criticism and order the credit information collecting institution to correct them within the limited period.

If the information providing unit violates the provisions of Article 4 and 9of these measures, Shenzhen Municipal People' s Government or the Shenzhen Central Subbranch of the People' s Bank of China will circulate a notice of criticism according to the range of function and power, and order it to correct them.

Person who is directly responsible for the illegal activities mentioned above shall be given the administrative disciplinary sanctions and be prosecuted criminal responsibilities according to law.

Article 24  These measures are to be interpreted by Shenzhen Municipal People' s Government.

Article 25  These measures shall come into force as of January 1, 2002.