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Feb,10,2010
 
 
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Provisional Rules on Management of Individual Credit Information Database

 

Chapter I     General Provisions

 

Article 1  These rules are formulated to safeguard the financial stability, prevent and mitigate credit risks of commercial banks, promote development of individual credit business and ensure the secure and legitimate use of personal credit information, according to the Law of The People´s Republic of China on The People´s Bank of China.

 

Article 2  The People´s Bank of China is responsible for organizing the establishment of individual credit information database (the database hereinafter), launching the credit information service center, maintaining and administering the database´s operation on daily basis.

 

Article 3  The database is to collect, process and store the individual credit information, providing credit information report to commercial banks and individuals on demand, providing information for monetary policy decisions, financial supervision and other activities permitted by rules and regulations.

 

Article 4  Individual credit information in these rules includes basic information, credit transaction information and other information representing the personal creditworthiness.

 

Basic information of the individual borrower refers to the identity, profession and residence of a natural person. Credit transaction information refers to track records of a natural person´s transaction in credit related activities, including personal loans, credit card or quasi-credit card and guarantee business. Other information representing personal creditworthiness refers to relevant information representing personal creditworthiness other than the credit transaction information.

 

Article 5  The People´s Bank of China, commercial banks and their staff shall keep the confidentiality of personal information they obtained from their business.

 

Chapter II    Reporting and Processing

 

Article 6  Commercial banks shall report to the database on an accurate, complete and timely basis in compliance with the standards and requirements on the database set by the People´s Bank of China.

 

Article 7  Commercial banks shall not provide any individual credit information to any individual credit information databases that are established without the approval of the credit information authorities or any unauthorized, but ex facto database of any form. 

 

Article 8  Credit information service center shall put in place comprehensive rules and regulations and adopt advanced techniques to ensure the security of the individual credit information.

 

Article 9  In need of producing credit reference report, credit information service center may process and keep the personal information reported by commercial banks as it is. Any unauthorized modification of the original data is prohibited.

 

Article 10            When deeming any information reported by relevant commercial banks as suspicious, credit information service center shall issue a timely re-examination request to those reporting commercial banks according to procedures set by relevant rules.

 

Commercial banks shall reply to the request within 5 business days from the receipt of the request.

 

Article 11              When commercial banks find their individual credit information reported to the credit information service center inaccurate, they shall report immediately to the center. The credit information service center shall correct the report right after it receives the correction request.

 

Chapter III  Information Access

 

Article 12            Commercial banks may access the database when conducting the following businesses:

(1)   Reviewing the application for personal loans;

(2)   Reviewing the application for personal credit card or quasi-credit card;

(3)   Reviewing the guarantee with an individual as the guarantor;

(4)   Post-approval risk management of personal loans already disbursed;

(5)   Reviewing the application for credit or approval of a guarantee by a legal person or other institutions, when an examination of creditworthiness of its legal representative and the lender is required.

 

Article 13            Commercial banks´ access to the personal credit information report shall be authorized by the person involved in written forms. Written authorization may be obtained by adding relevant provisions in the applications for loans, credit cards, quasi-credit cards and guarantees.

 

Article 14            Commercial banks shall set up rules on internal authorization system to regulate access to credit information report for the purpose of conducting post-loan risk management, and relevant procedures for accessibility control.

 

Article 15            Credit information service center may charge on the access to a person´s credit information report according to his or her application.

 

Credit information service center shall set up relevant procedures to confirm the identity of the applicant.

 

Chapter IV  Dispute Resolution

 

Article 16             If an individual believes there are errors in information contained in his or her credit information report (disputable information hereinafter), he or she may submit a dispute application in written form directly to the center or through credit information units of local branches of the PBC.

 

The credit information units shall forward the application to the credit information service center within 2 business days from the receipt of the application.

 

Article 17            Credit information service center shall conduct an internal re-examination within 2 business days from the receipt of the dispute application.

 

If disputable information is found attributable to the processing of information in the personal credit information database, the credit information service center shall make prompt corrections and check the problems existing in the procedures and operational rules of database processing.

 

Article 18            If the credit information center finds no problem in the processing of information in the database after re-examination, it shall notice in written form the commercial banks providing the information to re-examine the data.

 

Article 19            Commercial banks shall reply in written form to the re-examination request of the credit information service center within 10 business days from the receipt of the notice. If errors do exist in the disputable information, commercial banks shall take the following remedial measures:

(1)   Report to the credit information service center the corrected information;

(2)   Check the procedures of reporting the individual credit information;

(3)   Examine other personal information reported thereafter and report corrections if errors are found.

 

Article 20            Credit information service center may correct the errors within 2 business days after receiving corrected information reported by commercial banks.

 

In the case that errors could not be corrected immediately due to technical reasons, the credit information service center shall mark the disputable information to distinguish it from other disputable information.

 

Article 21            Credit information service center shall not modify relevant individual credit information as requested by the applicant if no errors are found in the disputed information.

 

Article 22            Credit information service center shall reply in written form directly to the applicant or to the credit information units of the PBC local branch that has forwarded the dispute application within 15 business days from the receipt of the application. If there are corrections of the disputable information, the credit information service center shall provide the corrected credit information report as well.

 

When errors do exist in the disputable information but may not be corrected immediately due to technical reasons, credit information service center shall make specific explanations in its written reply and provide the corrected credit information report after the correction is done.

 

Article 23            Credit information units of local PBC branches that forward the dispute application shall transfer the written reply and corrected credit information report sent by the credit information service center to the applicant within 2 business days from the receipt of the application.

 

Article 24            When disputable information are not verifiable, the credit information service center shall allow the dispute applicant to add a personal commentary of no more than 100 words to the relevant disputed information. The personal commentary shall not include any information unrelated to the disputed information and the applicant shall be accountable for the authenticity of the personal commentary.

 

Credit information service center shall well keep the original file of the personal commentary and include it in the credit information report of the applicant.

 

Article 25            Credit information service center shall mark the information that is still in dispute resolution process.

 

Chapter V Security Management

 

Article 26            Commercial banks shall, in accordance with relevant regulations issued by the People´s Bank of China, formulate internal rules and operating procedures regarding the reporting, enquiry and use of credit information as well as dispute settlement and security management. These rules and procedures shall be filed with the People´s Bank of China.

 

Article 27            Commercial banks shall establish user management systems, clearly defining the respective responsibilities of the system administrator, data provider and information enquirer, and relevant operating procedures.

 

The positions of system administrator, data provider and information enquirer shall be filled by three different persons.

 

Article 28     The system administrator shall, according to the operating procedures, open user accounts for the authorized persons, and may not directly access credit information of the individuals.

 

The system administrator shall enhance daily management on the same-level information enquirer and data provider as well as the lower-level system administrator. The information enquiry account shall be terminated immediately if the staff managing the enquiry account leaves his or her post.

 

Article 29   The system administrator, data provider and information enquirer shall be filed with the credit information units of the People´s Bank of China and the credit information service center.

 

In the case of any changes with regard to the above-mentioned staff, the commercial banks shall, within two business days after the change, file with the credit information units of the People´s Bank of China and the credit information service center.

 

Article 30     Commercial banks shall set up a pa