Measures for the Management and Use of Public Credit Information in China (Shanghai) Pilot Free Trade Zone

 2018-06-16  33



  • Document NumberNo. 10 [2015] of the China (Shanghai) Pilot Free Trade Zone Administration
  • Area of Law Banking & Finance China (Shanghai) Pilot Free Trade Zone
  • Level of Authority Local Regulatory Documents
  • Date issued01-23-2015
  • Effective Date01-23-2015
  • Status Effective
  • Issuing Authority Other Institutions of Shanghai Municipality



Notice of the China (Shanghai) Pilot Free Trade Zone Administration on Issuing the Measures for the Management and Use of Public Credit Information in China (Shanghai) Pilot Free Trade Zone and the Operating Procedures for Credit Information Inquiry Services in China (Shanghai) Pilot Free Trade Zone
(No. 10 [2015] of the China (Shanghai) Pilot Free Trade Zone Administration)
All bureaus, offices, agencies, and directly affiliated public institutions; and all institutions in China (Shanghai) Pilot Free Trade Zone:
With the approval of the Director's Executive Meeting of the China (Shanghai) Pilot Free Trade Zone Administration through deliberation, the Measures for the Management and Use of Public Credit Information in China (Shanghai) Pilot Free Trade Zone and the Operating Procedures for Credit Information Inquiry Services in China (Shanghai) Pilot Free Trade Zone are hereby issued to you for your implementation.
January 23, 2015
Measures for the Management and Use of Public Credit Information in China (Shanghai) Pilot Free Trade Zone
Chapter I General Provisions
Article 1 (Purposes and Bases)
To regulate the recording, use, collection and sharing of public credit information in China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as “SHFTZ”), and improve the level of credit services and the use efficiency of credit information resources in SHFTZ, these Measures are developed in accordance with the Framework Plan for China (Shanghai) Pilot Free Trade Zone and the Regulation on China (Shanghai) Pilot Free Trade Zone.
Article 2 (Scope of Application)
These Measures shall apply to the recording, use, collection and sharing of public credit information in SHFTZ and related management activities.
Article 3 (Definition)
For the purpose of these Measures, “public credit information” means the data and materials that may be used to identify the credit standing of information subjects and that are generated or obtained by administrative authorities, judicial authorities, arbitration institutions and organizations that assume functions on public affairs in accordance with the relevant laws and regulations (hereinafter referred to as “information providers”) during the performance of their functions, such as exercising management functions, providing public services, and conducting industrial self-discipline, among others.
For the purpose of these Measures, “all administrative departments in SHFTZ” means the work bodies performing the relevant administrative functions according to law that are formed in SHFTZ by the China (Shanghai) Pilot Free Trade Zone Administration (hereinafter referred to as the “SHFTZ Administration”), and the customs, inspection and quarantine, maritime affairs, border inspection, industry and commerce, quality supervision, taxation, public security, food and drug administration, and other departments.
For the purpose of these Measures, “information subjects” means the objects described in the credit information collected, reviewed, processed and used by information providers during the performance of their functions, including natural persons, legal persons and other organizations.
Article 4 (Principles)
Public credit information shall be collected and used under the principles of “legality, security, timeliness and effectiveness,” and shall not jeopardize the safety of state secrets or infringe upon trade secrets or personal privacy, and the lawful rights and interests of information subjects shall be protected in an effective manner.
The SHFTZ sub-platform of the Shanghai Public Credit Information Service Platform (hereinafter referred to as the “SHFTZ Credit Sub-platform”) is an important carrier for the recording, use, collection and sharing of public credit information and the relevant management activities conducted in SHFTZ. The SHFTZ Credit Sub-platform shall, under the principles of “commonality, public welfare, openness, sharing and convenience,” provide the public with public credit information inquiry services and support all administrative departments in SHFTZ in conducting credit supervision and providing services.
Article 5 (Management Responsibilities)
The SHFTZ Administration is the competent department for the collection and use of public credit information in SHFTZ, and shall be responsible for the work such as the construction, operation, and maintenance of the SHFTZ Credit Sub-platform.
Chapter II Information Management
Article 6 (Information Catalogue)
Public credit information shall be managed by an information catalogue. The information catalogue takes the organization code and citizens' identity certificate number as the identification code for identifying information subjects. The public credit information included in the public credit information catalogue is divided into public information and accessible information upon authorization.
The matters included in the public credit information catalogue mainly include: the registration information, such as the information on industrial and commercial registration, registration of social organizations, tax registration, registration of organization codes, identity registration, and social security registration; the qualification information, such as the information on qualification recognition, practicing license, and vocational qualifications; and regulatory information, such as the information on judicial judgments, administrative penalties, arbitral awards, entry restrictions, handling of liability accidents, fraud, and breach of commitments on informing.
The SHFTZ Administration shall organize the preparation and issuance of the Directory of Public Credit Information in China (Shanghai) Pilot Free Trade Zone.
Article 7 (Information Collection)
All administrative departments in SHFTZ and the relevant entities are encouraged to record the credit-related information of enterprises and relevant personnel in a timely manner, and submit the same to the SHFTZ Credit Sub-platform for collection according to the public credit information catalogue.
Chapter III Information Use
Article 8 (Information Inquiry)
The SHFTZ Credit Sub-platform shall provide the public with public credit information inquiry services.
A party that plans to consult public credit information via the SHFTZ Credit Sub-platform shall provide his or her valid identity certificate. Where the consulted information is public information, the authorization by the information subject is not required; and, if the information may only be consulted upon authorization, the written certificate for authorization by the information subject shall be provided.
The operating methods for credit information inquiry services in SHFTZ shall be otherwise determined by the SHFTZ Administration.
Article 9 (Information Use)
All administrative departments in SHFTZ shall consult public credit information based on the actual needs for performing their respective administrative functions.
All administrative departments in SHFTZ are supported in consulting the credit records of the parties to be consulted and using credit products in government administration and service work, such as market access, trade facilitation, government procurement, fiscal support, and bidding.
All administrative departments in SHFTZ are supported in monitoring the credit standing of relevant industries, enterprises and fields in SHFTZ based on regulatory requirements, analyzing the credit standing of legal persons and the senior management of enterprises in the relevant fields, and conducting categorized credit management, and giving rewards and punishments based on the credit categorization. Facilitation measures shall be taken against the enterprises and individuals with good credit, and dishonest enterprises and individuals shall be subject to credit restraint and punishment.
The SHFTZ encourages credit service institutions to develop credit products with credit information, and provide credit services from such aspects as administrative supervision and market trading.
Article 10 (Information Disclosure)
All administrative departments in SHFTZ shall, on a regular basis or from time to time, issue the list of enterprises subject to credit warnings and the list of enterprises subject to credit categorization in SHFTZ, and ensure the timeliness of enterprise credit degree categorization.
All administrative departments in SHFTZ are encouraged to issue all credit management provisions and measures in a timely manner as required for work.
Article 11 (Objection Application)
Anyone that has any objection to the public credit information obtained from the SHFTZ Credit Sub-platform may file a written objection application with the Shanghai Public Credit Information Service Platform.
Chapter IV Supplementary Provisions
Article 12 (Accountability)
No entity or individual may collect public credit information by any illicit means, falsify or fabricate public credit information, or disclose, divulge or use public credit information in violation of any regulation.
Where anyone causes losses to the state, or any legal person or individual in violation of the relevant provisions of any law, regulation or these Pilot Measures, the relevant entity and person shall be held liable in accordance with law.
Article 13 (Date of Implementation)
These Measures shall come into force on the date of issuance.
Operating Procedures for Credit Information Inquiry Services in China (Shanghai) Pilot Free Trade Zone
Chapter I General Provisions
Article 1 To enhance the building of the social credit system, and facilitate the inquiry about credit information by the public, individuals and enterprises in China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as “SHFTZ”), these Measures are developed by the China (Shanghai) Pilot Free Trade Zone Administration (hereinafter referred to as the “SHFTZ Administration”) in conjunction with the relevant departments and institutions for the provision of credit information inquiry services.
Article 2 These Measures shall apply to the provision of credit information inquiry services in SHFTZ.
The People's Bank of China (“PBC”) shall provide a basic financial credit information database to provide services for the inquiry about enterprise and individual credit reports. The SHFTZ Administration shall provide a SHFTZ sub-platform of the Shanghai Public Credit Information Service Platform (hereinafter referred to as the “SHFTZ Credit Sub-platform”) to provide public credit information inquiry services.
Article 3 The SHFTZ shall provide comprehensive credit information inquiry services in the comprehensive service hall of SHFTZ.
Article 4 Public credit information and financial credit information shall be consulted with the authorization of information subjects, except for the inquiry about information of information subjects themselves and the disclosure of information on one's initiative according to the relevant laws and regulations.
Article 5 The applicant that plans to consult public credit information and financial credit information shall undergo the relevant formalities on site in the comprehensive service hall of SHFTZ with his or her relevant certificate.
Article 6 For the purpose of these Measures, “information subjects” means the objects described in the credit information collected, reviewed, processed and used by the work bodies assuming administrative management functions during the performance of their functions, including natural persons, legal persons and other organizations.
Chapter II Inquiry about Public Credit Information
Section 1 Inquiry about public credit information of natural persons or legal persons by themselves
Article 7 A natural person that consults his or her public credit information shall show the original and photocopy of his or her identification card. The staff member of a service window shall read the identification card through the card reader, obtain the appointment information in the system, and after printing the form, require the applicant to verify the information and affix his or her signature.
Article 8 Where a legal person consults its public credit information, its agent shall issue the following materials:
(1) The legal person's organization code IC card.
(2) Photocopy of the organization code certificate (to which the official seal is affixed).
(3) Original of the power of attorney.
(4) Original and photocopy of the agent's identification card. The staff member of a service window shall read the legal person's organization code IC card and the agent's identification card through the card reader, and after printing the form, require the agent to verify the information and affix his or her signature.
Article 9 Where the application form is accurate and complete, and the identity information is un-erroneous upon examination, information inquiry may be approved.
Where the inquiry applicant chooses to receive the report on site, the staff member of the service window shall print the inquiry report on site, and make a receipt record; if the inquiry applicant chooses to receive the inquiry report by e-mail, it shall leave a six-digit password, and receive the inquiry report through the e-mail and password within two working days.
Section 2 Authorized inquiry about public credit information of natural persons
Article 10 Anyone that plans to consult the undisclosed public credit information of any other natural person shall obtain the valid authorization of the said natural person, and promise to use the report in strict accordance with the agreed purpose.
Article 11 Where anyone authorizes a natural person to consult his or her public credit information, the authorized person shall provide:
(1) the original and photocopy of the authorizer's identification card;
(2) the power of attorney issued by the authorizer; and
(3) the original and photocopy of the identification card of the authorized person.
Article 12 Where anyone authorizes a legal person to consult his or her public credit information, the agent of the authorized legal person shall provide:
(1) the original and photocopy of the identification card of the authorizer;
(2) the power of attorney issued by the authorizer;
(3) the photocopy of the business license of the authorized legal person (to which the official seal is affixed);
(4) the organization code IC card of the authorized legal person;
(5) the power of attorney issued by the authorized legal person to the agent; and
(6) the original and photocopy of the identification card of the agent of the authorized legal person.
Article 13 A staff member of the service window shall, according to the relevant requirements of Articles 10 and 11, read the identity certificate through the card reader, and after printing the form, require the inquiry applicant or its agent to verify the information and affix his or her signature.
Article 14 After the identity is verified, the staff member of the service window shall focus on the examination of the power of attorney, which shall have the following factors:
(1) The authorizer's name, certificate type, certificate number, and contact information, among others.
(2) The authorized person's name, certificate type, certificate number, employer and contact information, among others.
(3) The authorized matters, the authorized inquiry scope, the validity term of authorization, and the agreed use purpose, among others.
(4) Whether the authorizer's signature or seal is affixed to the power of attorney.
Article 15 Where the application form is accurate and complete, and the identity information is un-erroneous upon examination, information inquiry may be approved. Where the inquiry applicant chooses to receive the report on site, the staff member of the service window shall print the inquiry report on site, and keep the acceptance receipt; if the inquiry applicant chooses to receive the inquiry report by e-mail, it shall leave a six-digit password, and after receiving the acceptance receipt, receive the inquiry report through the e-mail and password within two working days.
Section 3 Authorized inquiry about public credit information of legal persons
Article 16 Anyone that plans to consult the undisclosed public credit information of any other legal person shall obtain the valid authorization of the said legal person, and promise to use the report in strict accordance with the agreed purpose.
Article 17 Where a legal person authorizes a natural person to consult its public credit information, the authorized person shall provide:
(1) the organization code IC card of the authorizing legal person;
(2) the photocopy of the organization code certificate (to which the official seal is affixed) of the authorizing legal person;
(3) the power of attorney issued by the authorizing legal person; and
(4) the original and photocopy of the identification card of the authorized person.
Article 18 Where a legal person authorizes another legal person to consult its public credit information, the agent of the authorized legal person shall provide:
(1) the photocopy of the organization code certificate (to which the official seal is affixed) of the authorizing legal person;
(2) the organization code IC card of the authorized legal person;
(3) the power of attorney issued by the authorizing legal person;
(4) the power of attorney issued by the authorized legal person to its agent; and
(5) the original and photocopy of the agent's identification card.
Article 19 A staff member of the service window shall, according to the relevant requirements of Articles 17 and 18, read the identity certificate of the natural person or and the organization code IC card of the legal person through the card reader, and after printing the form, require the inquiry applicant or the agent thereof to verify the information and affix his or her signature.
Article 20 After the identity is verified, the staff member of the service window shall focus on the examination of the power of attorney, which shall have the following factors:
(1) The authorizer's name, certificate type, certificate number, and contact information, among others.
(2) The authorized person's name, certificate type, certificate number, employer, and contact information, among others.
(3) The authorized matters, the authorized inquiry scope, the validity term of authorization, and the agreed use purpose, among others.
(4) Whether the seal of the authorizing legal person and the signature of the legal representative are affixed to the power of attorney.
Article 21 Where the application form is accurate and complete, and the identity information is un-erroneous upon examination, information inquiry may be approved. Where the inquiry applicant chooses to receive the report on site, the staff member of the service window shall print the inquiry report on site, and keep the acceptance receipt; if the inquiry applicant chooses to receive the inquiry report by e-mail, it shall leave a six-digit password, and after receiving the acceptance receipt, receive the inquiry report through the e-mail and password within two working days.
Section 4 Inquiry about public credit information of other legal persons and natural persons by credit service institutions
Article 22 The SHFTZ Credit Sub-platform shall provide inquiry services to credit service institutions.
Article 23 A credit service institution that consults public credit information through the SHFTZ Credit Sub-platform shall meet all the following conditions:
(1) It is a credit service institution that has been granted recordation by the Shanghai Municipal Administrative Office of Credit Investigation and provides such professional services as credit investigation, credit consulting, credit assessment, credit rating, credit insurance, credit factoring, credit guarantee, and account management.
(2) It has obtained the authorization of the information subject or government department, unless the information is disclosed on one's initiative according to the relevant laws and regulations.
(3) No negative record has been found through inquiry on the municipal credit platform in the past five years.
(4) It is a member entity of the credit service industry association, and has no violation of industry rules.
Article 24 A credit service institution shall keep confidential the inquiry results, prevent the leakage of information, and use the inquiry result in strict accordance with the agreed purpose.
Article 25 A credit service institution shall ensure that the application materials provided are true and valid, promise to use public credit information in accordance with the relevant laws and regulations and the agreed purpose, and shall not provide, sell, disclose to outsiders or falsify the information without permission. If it is found that the credit service institution provides false materials, it shall be included in the credit archives, and inquiry prohibition and other measures shall be taken against the institution.
Article 26 Where a credit service institution consults any public credit information ultra vires without a valid authorization, the credit service institution shall assume all consequences such as information leakage.
Article 27 Where a credit service institution consults public credit information through the SHFTZ Credit Sub-platform, it shall send an assessment report to the SHFTZ Administration, which shall cover the inquiry purpose, the use scope, disclosure attribute, assessment result, and other factors.
Article 28 The SHFTZ Administration shall examine the application materials and assessment report of credit service institutions, and the overall inquiry and use of public credit information; and if it finds any false application, or inquiry without authorization or ultra vires, or failure to use according to the agreed purpose, it shall record the conduct in the credit archives of the credit service institution, and if the circumstances are serious, prohibit the violator from consulting any other person's information through the SHFTZ Credit Sub-platform.
Section 5 Others
Article 29 The matters not mentioned herein shall be governed by the Interim Measures for the Administration of Public Credit Information Inquiry in Shanghai Municipality.
Chapter III Inquiry about Financial Credit Information
Section 1 Inquiry about enterprise credit reports through the basic financial credit information database
Article 30 The legal representative of an enterprise may consult the enterprise's credit report from the inquiry window in person or entrust an agent to do so.
Article 31 The legal representative of an enterprise that consults the enterprise's credit report through the inquiry window shall provide:
(1) the original of his or her valid identity certificate;
(2) the original of the enterprise's valid registration certificate (business license issued by the administrative department for industry and commerce or the legal person registration certificate of a public institution); and
(3) the originals of other certificates (the credit code certificate of the institution, the enterprise loan card or the organization code certificate) for verification.
The applicant shall, at the same time, fill out the Application Form for the Inquiry about Enterprise Credit Reports, and the photocopy of the valid identity certificate, the photocopy of the valid registration certificate and the photocopies of other certificates of the enterprise's legal representative shall be kept for future reference.
Where the enterprise's legal representative entrusts a handling person to consult the enterprise's credit report as the agent, the following shall also be provided:
(1) the original of the handling person's valid identity certificate;
(2) the original of the Certificate on Authorization by the Enterprise's Legal Representative; and
(3) the photocopy of the handling person's valid identity certificate, the photocopy of the valid registration certificate and the photocopies of other certificates.
Article 32 Any entity or individual other than an enterprise that plans to consult the enterprise's credit report shall obtain the enterprise's written authorization, provide the original of the Certificate on Authorization by the Enterprise's Legal Representative issued by the consulted enterprise, the original of the valid registration certificate, the originals of other certificates, and the original of the handling person's valid identity certificate for verification, and the original of the Certificate on Authorization by the Enterprise's Legal Representative, the photocopy of the valid registration certificate, the photocopies of other certificates, and the photocopy of the handling person's valid identity certificate shall be kept for future reference.
Article 33 The inquiry window shall conduct integrity examination of the materials relating to the inquiry application provided by the inquiry applicant. Where the relevant provisions are not met, the inquiry site shall disapprove the inquiry, and notify the reason for disapproval of inquiry.
Section 2 Inquiry about personal credit reports through the basic financial credit information database
Article 34 An individual may consult his or her personal credit report in person or entrust an agent to do so.
Article 35 Where an individual consults his or her credit report from the inquiry window, he or she shall provide the original of his or her valid identity certificate for verification, and at the same time, fill out the Application Form for the Inquiry about Personal Credit Report, and the photocopy of the valid identity certificate shall be kept for future reference.
Where an individual entrusts another person to consult his or her credit report from the inquiry window, the agent shall provide the originals of the authorizing person and the agent and the authorization notarial certification for verification, and at the same time, fill out the Application Form for the Inquiry about Personal Credit Report, and the photocopies of the valid identity certificate of the authorizing person and the agent and the original of the authorization notarial certification shall be kept for future reference.
Article 36 The inquiry window shall conduct integrity examination of the materials relating to the inquiry application provided by the inquiry applicant. If the provisions are met, the inquiry window shall deliver the printed personal credit report after inquiry. If the relevant provisions are not met, the inquiry window shall disapprove inquiry, and notify the reason for disapproval of inquiry.
Section 3 Others
Article 37 The matters not mentioned herein shall be governed by the Regulation on the Administration of the Credit Investigation Industry issued by the State Council, the Interim Measures for the Administration of the Basic Individual Credit Information Database issued by the PBC, and other relevant provisions.
Chapter IV Objection Application
Article 38 (Objection Application)
Anyone who has any objection to the financial credit information provided by the PBC may file an objection application with the PBC.
Anyone that has any objection to the public credit information obtained from the SHFTZ Credit Sub-platform may file a written objection application with the Shanghai Public Credit Information Service Platform.
Chapter V Management of Inquiry Logs
Article 39 The relevant departments that conduct inquiry activities in SHFTZ shall faithfully record the inquiry log information such as the credit information inquirer, the inquiry date, inquiry purpose, inquiry scope and other information, and preserve the information on a permanent basis.
Article 40 The staff members of the credit information inquiry window of SHFTZ shall not delete, amend or divulge the inquiry log information without permission.
Chapter VI Management of Inquiry Archives
Article 41 Public credit information inquiry archives shall be managed under the principles of “one archive for one inquiry, numbering management, and archiving on the same day,” and the staff members of the service window shall review application materials in a timely manner, and archive them on the same day after confirming that the materials are complete. Financial credit information inquiry archives shall be managed according to the work requirements of the PBC and the relevant institutions.
Article 42 Archives include inquiry application forms, photocopy of identity certification materials, and the original of the power of attorney, among others.
Article 43 A special person shall be designated to be responsible for the archiving and preservation of inquiry archives. Archives shall be stored in independent file cabinets, and the “eight prevention” safety measures, including “fireproof, dampproof, mothproof and ratproof” measures of the places where archives are stored shall be ensured.
Article 44 The scope of archives that may be borrowed shall be strictly restricted, and no one may consult, borrow or copy archives without approval.
Article 45 Paper inquiry archives shall be preserved for five years.