Shenzhen City, Administration of Personal Credit Information Collection and Credit Rating Measures
深圳市个人信用征信及信用评级管理办法
(Promulgated by the Shenzhen City People's Government on December 18 2001 and effective as of January 1 2002.)Article 1: These Measures are formulated…
(Promulgated by the Shenzhen City People's Government on December 18 2001 and effective as of January 1 2002.)
(深圳市人民政府于二零零一年十二月十八日发布，自二零零二年一月一日起实施。)
Article 1: These Measures are formulated in accordance with relevant laws and regulations and in the light of actual circumstances, in order to establish a personal credit system of Shenzhen City (Shenzhen), to regulate the activities of collecting personal credit information and rating personal credit, to guard against credit risks and to safeguard the lawful rights and interests of the parties concerned.
Article 2: The collecting and use of personal credit information within Shenzhen shall be governed by these Measures.
第一条 为了建立深圳市（以下简称"本市"）个人信用制度，规范个人信用征信及评级活动，防范信用风险，保障当事人的合法权益，根据有关法律、法规的规定，结合实际，制定本办法。
For the purposes of these Measures, the terms "person" and "personal" refer to a natural person with full civil capacity.
Article 3: For the purposes of these Measures, the following terms shall have the meanings set out below:
第二条 在本市范围内征集和利用个人信用信息适用本办法。
(1) the term "credit information institution" shall mean a work unit with legal person status whose establishment was approved in accordance with these Measures, which collects personal credit information and which provides personal credit information consulting and rating services to commercial banks and other users of personal credit information;
(2) the term "collecting of personal credit information" shall mean the activities whereby credit information institutions, having reached agreements with commercial banks and other information providing work units, gather and store personal credit information that is scattered among the various commercial banks and relevant entities in the society, thus forming a database of personal credit information;
本办法所指的个人，是指具有完全民事行为能力的自然人。
(3) the term "rating of personal credit" shall mean the activity whereby a credit information institution appraises the ranking of personal credit according to its credit rating criteria, based on the personal credit information collected; and
(4) the term "personal credit information" shall mean a person's commercial credit record and other information that may affect the determination of a person's credit standing.
第三条 本办法下列用语的含义是：
Article 4: Credit information institutions, information providing work units, work units that use personal credit information, as well as their personnel, shall maintain the confidentiality of, and not divulge to third parties, the information on persons that they obtain in the course of collecting and using personal credit information; and, in using the personal credit information obtained, they may not exceed the scope of use specified herein or the scope of their professional duties.
Article 5: Any work unit's engagement in the business of collecting information on, and rating of, personal credit shall be subject to the approval of the Shenzhen City People's Government and the Downtown Shenzhen Sub-branch of the People's Bank of China and require the carrying out of business registration Measures according to law.
（一） 征信机构，是指依照本办法批准成立，征集个人信用信息，向商业银行及其他个人信用信息使用人提供个人信用信息咨询及评级服务的法人单位；
Persons may not engage in the business of collecting information on, and rating of, personal credit.
Article 6: Shenzhen will establish a Personal Credit Information Collecting and Rating Regulatory Commission, which will be responsible for regulating the business of collecting information on, and rating of, personal credit.
（二） 个人信用征信，是指征信机构经过与商业银行及其他提供信息单位的约定，把分散在各商业银行和社会有关方面的个人信用信息，进行采集、储存，形成个人信用信息数据库的活动；
The composition, duties and rules of procedure of the Personal Credit Information Collecting and Rating Regulatory Commission will be separately provided for by the Shenzhen City People's Government.
Article 7: When collecting personal credit information, credit information institutions shall obtain the consent of the persons concerned, except for personal credit information that has been made public according to law.
（三） 个人信用评级，是指征信机构对征集到的个人信用信息依据征信机构的信用评级标准进行个人信用等级评定的活动；
Article 8: The personal credit information collected by credit information institutions shall be limited to the following information that may affect a person's credit standing:
(1) the person's identity: name, sex, date of birth, identity card number, domicile in his registered place of permanent residence, residential address, marital status, family status, income, employer, occupation, educational level, etc.;
（四） 个人信用信息，是指个人的商业信用记录及对判断个人信用状况可能有影响的其他信息。
(2) commercial credit record: records with commercial banks concerning personal loans and their repayment and personal credit card use, records of other credit activities with commercial banks and records of credit transactions with other commercial organizations;
(3) public records: records of the person's tax payments, participation in social insurance and personal property as well as changes therein, etc.; and
第四条 征信机构、提供信息单位和个人信用信息使用单位及其工作人员对征集、利用个人信用信息过程中获得的个人信息应当保密，不得向第三人泄露，不得超越本办法规定的使用范围及工作职责范围利用所获得的个人信用信息。
(4) special records: records of civil, criminal or administrative actions or administrative penalties that may affect the person's credit standing.
Article 9: When collecting personal credit information with the consent of the persons concerned, credit information institutions shall collect such information from the information providing work units in the manner agreed upon with such work units.
第五条 任何单位从事个人信用征信及评级业务，须经深圳市人民政府和中国人民银行深圳市中心支行批准，并依法办理工商登记手续。
The agreements between credit information institutions and information providing work units shall be filed with the Shenzhen City Personal Credit Information Collecting and Rating Regulatory Commission for the record.
Information providing work units shall provide credit information institutions with personal credit information in accordance with the agreements reached.
个人不得从事个人信用征信及评级业务。
Information providing work units shall be liable for the truthfulness of the information provided by them.
Article 10: Credit information institutions shall collect personal credit information in accordance with the principles of objectivity and fairness and preserve the original integrity of the information provided by the information providing work units; they may not collect personal credit information on a selective basis.
第六条 本市成立个人信用征信及评级监督委员会，负责对个人信用征信及评级业务的监督管理。
Article 11: Personal credit rating reports shall be prepared in an objective and fair manner in accordance with the credit rating criteria of the credit information institutions.
The credit rating criteria of credit rating institutions shall be submitted to the Shenzhen City Personal Credit Information Collecting and Rating Regulatory Commission for its consent.
个人信用征信及评级监督委员会的组成、职责和议事规则由市人民政府另行规定。
Article 12: Credit information institutions may provide personal credit consulting services to the following recipients:
(1) financial institutions that are processing financial service applications of the persons concerned or commercial organizations that are engaged in commercial transactions with the persons concerned;
第七条 征信机构征集个人信用信息应当征得本人的同意，但依法公开的个人信用信息除外。
(2) other natural or legal persons authorized by the persons concerned;
(3) judicial and taxation authorities carrying out ex officio investigations; and
第八条 征信机构征集的个人信用信息限于可能影响个人信用状况的下列信息：
(4) other authorities as specified in laws and regulations.
Article 13: Credit information institutions shall provide personal credit consulting services in accordance with the principle of remunerated use, but may not charge any of the following:
（一） 个人身份情况：姓名、性别、出生日期、身份证号、户籍所在地住址、居所、婚姻状况、家庭成员状况、收入状况、工作单位、职业、学历等；
(1) judicial and taxation authorities carrying out ex officio investigations; or
(2) other users that laws or regulations do not permit to be charged.
（二） 商业信用记录：在各商业银行的个人贷款及偿还记录，个人信用卡使用等有关记录，在商业银行发生的其他信用行为记录，以及个人与其他商业机构发生的信用交易记录；
The rates of the service fees charged by credit information institutions shall be submitted to the municipal administration of commodity prices for examination and approval.
Article 14: The use of personal credit information by users specified in Items (1) and (2) of Article 12 hereof shall be limited to finding out the person's credit standing.
（三） 社会公共信息记录：个人纳税、参加社会保险以及个人财产状况及变动等记录；
Users are prohibited from using the personal information obtained to engage in any activities other than finding out the person's credit standing.
Article 15: Credit information institutions shall grant persons access to their own credit information.
（四） 特别记录：有可能影响个人信用状况的涉及民事、刑事、行政诉讼和行政处罚的记录。
When requesting access to their own personal credit information from credit information institutions, persons shall do so on the strength of their identity cards.
Article 16: If a person considers his credit information to be wrong, he may apply to the credit information institution for correction.
第九条 征信机构征得本人同意后征集个人信用信息，应当通过与提供信息单位约定的方式向提供信息单位征集个人信用信息。
The credit information institution shall verify the matter upon receipt of the person's request for correction. If the information is verified to be inconsistent with the original information provided by the information providing work unit, the credit information institution shall promptly correct the same. If the information is verified to be consistent with the original information provided by the information providing work unit, the credit information institution shall notify the person that he should apply to the information providing work unit for correction.
The person shall submit a written application for correction of the information to the information providing work unit within five working days of the date of notification by the credit information institution. The information providing work unit shall make a written reply within 10 working days of the date of receipt of the application for correction of the personal information.
征信机构与提供信息单位的约定应当报市个人信用征信及评级监督委员会备案。
Article 17: Credit information in respect of which the person concerned has applied for correction by the information providing work unit shall be dealt with by the credit information institution in accordance with the written reply from the information providing work unit. If the information providing work unit fails to reply within the specified time limit and the person concerned still considers the information to be wrong, he may submit a written objection to the credit information institution, which shall include the same in the personal credit information.
The credit information institution may not issue information reports regarding the person concerned to third parties while his application for correction of the information is pending. If the person concerned fails to submit a request for correction of the information by the information providing work unit within the specified time limit, he shall be deemed to have no objection to the information and the credit information institution may disclose the information to third parties.
提供信息单位应当按照约定为征信机构提供个人信用信息。
Article 18: A credit information institution may keep the personal credit information on a long-term basis. However, special records among the personal credit information may not be kept for more than seven years, unless laws or regulations provide otherwise.
The period for which personal credit information is kept shall be counted from the date on which it was collected.
提供信息单位对其所提供信息的真实性负责。
Article 19: Credit information institutions shall keep records of the use made of personal credit information and enter the same into their personal credit information databases.
Records of the use made of personal credit information shall include complete records of particulars such as when and by whom the information was used.
第十条 征信机构征集个人信用信息应当按照客观、公正的原则进行，保持提供信息单位所提供信息的原始完整性，不得有选择性地征集个人信用信息。
Records of the use made of personal credit information shall be kept for two years from the date on which they are created.
Article 20: Credit information institutions shall be responsible for the maintenance and administration of their personal credit information database systems and information. They shall effect updates of their personal credit information database on the basis of the personal credit information collected in a timely manner.
第十一条 个人信用评级报告应当按照征信机构的信用评级标准客观、公正地作出。
Article 21: When collecting and transmitting personal credit information, credit information institutions shall transmit the same via dedicated networks, and may not use public internets to do so.
If credit information institutions discover a mistake in personal credit information while accepting or transmitting the same via a dedicated network, they shall promptly notify the information providing work unit that it should correct the same.
征信机构的信用评级标准应当报经深圳市个人信用征信及评级监督委员会同意。
Article 22: The relevant responsible work unit or person shall assume civil liability if:
(1) a credit information institution or a member of its personnel breaches its or his confidentiality obligation by divulging personal credit information to a third party other than a concerned party;
第十二条 征信机构可以向下列对象提供个人信用咨询服务：
(2) a user of personal credit information or a member of its personnel divulges personal credit information or exceeds the permitted scope of use when using the same; or
(3) a credit information institution, acting on its own authority, revises the personal credit information provided by an information providing work unit, thereby changing the credit rating of the person concerned.
（一） 正在受理本人金融业务申请的金融机构或与本人发生信用交易的商业机构；
Article 23: If a credit information institution acts in violation of these Measures when collecting, transmitting or sorting personal credit information, engaging in personal credit rating or providing credit information services to third parties, the Shenzhen City People's Government, in conjunction with the Downtown Shenzhen Sub-branch of the People's Bank of China, will circulate a notice of criticism and order it to rectify the matter within a specified time limit.
If an information providing work unit acts in violation of Article 4 or 9 hereof, the Shenzhen City People's Government or the Downtown Shenzhen Sub-branch of the People's Bank of China, depending on the scope of its official duties, will circulate a notice of criticism and order it to rectify the matter within a specified time limit.
（二） 本人授权的其他自然人或法人；
The persons directly responsible for the above-mentioned illegal acts shall be subjected to administrative penalty according to law; if the acts constitute criminal offences, their criminal liability shall be pursued according to law.
Article 24: The Shenzhen City People's Government shall be in charge of interpreting these Measures.
（三） 依职权进行调查的司法机关和税务机关；
Article 25: These Measures shall be implemented as of January 1 2002.
clp reference:3500/01.12.18/SZpromulgated:2001-12-18effective:2002-01-01This premium content is reserved for
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