the People’s Bank of China Order of the People’s Bank of China No.3 According to the relevant laws and regulations such as the Law of the People’s Republic of China on the People’s Bank of China, the President of the People’s Bank of China, Zhou Xiaochuan August 18, 2005 Interim Measures for the Administration of the Basic Data of Individual Credit Information Chapter I General provisions Article 1 With a view of safeguarding the financial stability, preventing and lowering the credit risk of commercial banks, promoting the development Article 2 The People’s Bank of China shall be responsible for organizing commercial banks to establish the basic database of individual credit Article 3 The individual information database shall be used for collecting, processing and saving individual credit information, provide the Article 4 The term “individual credit information” as mentioned in the present Measures refers to basic individual information, individual information The term “basic individual information” as mentioned in the preceding paragraph refers to such information as the identity, career Article 5 The People’s Bank of China, commercial banks and the staff thereof shall keep secret the individual credit information as known in Chapter II Submission and Processing Article 6 The commercial banks shall comply with the standards of the individual credit database and the relevant requirements thereof as announced Article 7 Any commercial bank may not provide any individual credit information to any individual credit database that fails to be established Article 8 The service credit center shall establish sound rules and regulations and apply to advanced technical means to ensure the security Article 9 The credit service center shall, as the credit report requires, objectively process and keep the individual credit information as Article 10 In case of any doubt about the information as reported by a commercial bank, the credit service center shall send a review notice The commercial bank concerned shall make a reply within 5 workdays as of the date of receipt of the review notice. Article 11 Where a commercial bank finds that the individual credit information it has submitted is inaccurate, it shall timely report the matter Chapter III Inquiry Article 12 A commercial bank may inquire about the relevant individual credit report in the individual credit database when handling the following (1) Examining an application for individual loan; (2) Examining an application for individual credit card or semi-credit card; (3) Examining an individual to be a guarantor; (4) Carrying out post-loan risk management for any individual loan as granted; or (5) Accepting the application of a legal person or any other organization for a loan or being a guarantor, which requires inquiring the Article 13 Apart from the provisions of item (4) of Article 12 of the present Measures, a commercial bank shall obtain a written authorization Article 14 A commercial bank shall establish an internal authorization system of inquiring about the individual credit report for post-loan risk Article 15 The credit service center may, according to an individual’s application, provide the paid individual credit report of the applicant. The credit service center shall formulate the corresponding handling procedures and verify the identity of the relevant applicant. Chapter IV Treatment of Demurrals Article 16 In case an individual believes that there is a mistake in the credit information in his credit report (hereinafter referred to as The credit administration department of the People’s Bank of China shall, within 2 workdays from the date of receipt of the application, Article 17 The credit service center shall carry out an internal verification within 2 workdays from the date of receipt of the demurral application. If the credit service center finds out that the information with demurral is caused in the procedures of handling the information Article 18 If the credit service center does not find any problem in the handling procedures of the individual credit database through internal Article 19 A commercial bank shall, within 10 workdays from the date of receipt of the verification notice, give a written reply on the verification (1) Submitting the corrected information to the credit service center; (2) Examining the procedures for submitting the individual credit information; and (3) Conducting an examination on the other succeeding individual credit information that has submitted at late time and in the case of Article 20 The credit service center shall, within 2 workdays from the date of receipt of the corrected information newly reported by a commercial For any information with demurral that does have a mistake but cannot be corrected due to technical reasons for the time being, the Article 21 If the existing mistake in information with demurral cannot be confirmed upon verification, the credit service center may not alter Article 22 The credit service center shall, within 15 workdays from the date of receipt of an application of demurral, give a written reply to For the information with demurral that does have a mistake but cannot be corrected due to any technical reason for the time being, Article 23 The credit administration department of the People’s Bank of China that has forwarded the application of demurral shall, within 2 Article 24 For any information with demurral that cannot be verified, the service credit center shall allow the applicant who has filed the demurral The credit service center shall keep properly the original archive of the personal statement and incorporate the personal statement Article 25 The credit service center shall mark the information that is in the demurral treatment process. Chapter V Security Management Article 26 A commercial bank shall, in accordance with the relevant provisions of the People’s Bank of China, establish a internal management Article 27 A commercial bank shall establish a user management system, specifying the duties of administrators, data submission users and inquiry No one may concurrently hold the posts of an administrator, data submission user or inquiry user. Article 28 An administrator of a commercial bank shall, according to the operating instructions, open corresponding account for an authorized An administrator shall intensify the daily administration of the inquiry users and data submission users at the same level as well Article 29 The administrator, data submission users and inquiry users of commercial banks shall be reported to the credit administration department In the case of any alteration of the staff as prescribed in the preceding paragraph, a commercial bank shall report it to the credit Article 30 A commercial bank shall establish a password control system for administrators and inquiry users and shall periodically check the Article 31 A commercial bank shall establish a management system for the security of individual credit information so as to ensure that only Article 32 The credit service center shall establish the management system and formulate operating instructions in such aspects as the collection, Article 33 The credit service center and the personnel thereof may not violate the provisions of any law or regulation or the present Measures Article 34 The credit service center shall establish a supervision system concerning the internal operation of and external access to the individual Article 35 The credit service center shall establish a spare system to prevent system disasters and take necessary safeguarding measures to prevent Article 36 The credit service center shall record all the inquiries conducted by commercial banks and shall timely feed them back to commercial Article 37 A commercial bank shall frequently examine the inquiries of the individual credit database to ensure that all inquiries comply with The credit service center shall periodically verify the inquiries of the individual credit database made by commercial banks. Chapter VI Penalties Provisions Article 38 Where a commercial bank fails to establish the relevant management system and formulate operational instructions according to the Article 39 Under any of the following circumstances, a commercial bank shall be ordered to correct and be fined 10, 000 yuan but no more than (1) Violating the present Measures by failing to submit the individual credit information in an accurate, complete and timely manner; (2) Violating the provisions of Article 7 of the present Measures; (3) Inquiring about the individual credit data beyond the power; (4) Misusing the inquiry result for any other purposes other than those as prescribed by the present Measures; (5) Violating the provisions on demurral treatment; or (6) Violating the requirements of security management of the present Measures. Article 40 Where a commercial bank is under any of the following circumstances as prescribed by Articles 38 and 39, the People’s Bank of China Article 41 Where a staff member of the credit service center is under any of the following circumstances, he shall be given an administrative (1) Violating the provisions of the present Measures by altering, damaging, divulging or illegally using the individual credit information; (2) Viciously colluding with any natural person, legal person or any other organization to provide false credit report. Article 42 Where any other staff member of the People’s Bank of China has any act in violation of the present Measures, which causes divulgence Article 43 The term “commercial banks” as mentioned in the present Measures refers to the commercial banks, urban credit cooperatives, rural Article 44 The power to interpret the present Measures shall be vested in the People’s Bank of China. Article 45 The present Measures shall go into effect as of October 1, 2005. |
the People’s Bank of China
2005-08-18