• Document Number：No. 10 [2015] of the Management Committee of China (Shanghai) Pilot Free Trade Zone
• Area of Law： China (Shanghai) Pilot Free Trade Zone
• Level of Authority： Local Regulatory Documents
• Date issued：01-23-2015
• Effective Date：01-23-2015
• Status： Effective
• Issuing Authority： Other Institutions of Shanghai Municipality

Operating Procedures of China (Shanghai) Pilot Free Trade Zone for Credit Information Inquiry Services [(end)]
(No. 10 [2015] of the Management Committee of China (Shanghai) Pilot Free Trade Zone, January 23, 2015)
Chapter I General Provisions
Article 1 To strengthen the building of the social credit system, facilitate inquiry about credit information in China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as “SHFTZ”) by the public, individuals and companies, the Management Committee of China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as “the Management Committee of SHFTZ”), in conjunction with relevant departments and institutions, carries out credit information inquiry services and formulates these Measures.
Article 2 These Measures shall apply to the services and activities of inquiring about credit information in SHFTZ.
The People's Bank is responsible for providing services and activities of inquiring about the credit reports of enterprises and individuals in the basic financial credit information database. The Management Committee of SHFTZ shall be responsible for providing a SHFTZ sub-platform of the municipal public credit information service platform (hereinafter referred to as “the credit sub-platform in SHFTZ”) for services and activities of inquiry about public credit information.
Article 3 SHFTZ shall provide comprehensive services of inquiry about credit information in the comprehensive service hall in SHFTZ.
Article 4 Inquiry about public credit information and financial credit information shall be subject to the authorization of the information subject, except inquiry about one's own information or active disclosure of information in accordance with the laws and regulations.
Article 5 An applicant who inquiries about public credit information and financial credit information shall, upon strength of relevant certificates, undergo the formalities at the comprehensive service hall in SHFTZ on site.
Article 6 For the purpose of these Measures, an information subject shall mean the subject described in the credit information collected, reviewed, processed, and used by a working body with administrative management responsibilities.
Chapter II Inquiry about Credit Information for Public Use
Section I Inquiry about the Public Credit Information of One's Own (A Natural Person, or A Legal Person)
Article 7 A natural person who inquires about one's own public credit information shall provide the original of his ID card and the photocopy thereof. A staff member of the service window, after reading an ID card through a card reader, retrieving the reservation information in the system, and printing the form, shall ask the inquiry applicant to check and sign.
Article 8 The agent of a legal person which inquires about one's own public credit information shall provide the following materials:
(1) the IC card of the organization code of a legal person;
(2) the photocopy of the organization code certificate (affixed with an official seal);
(3) the original of the power of attorney; and
(4) Original ID card of the agent and the photocopy thereof. A staff member of the service window, after reading the IC card of the organization code of a legal person and the ID card of the agent through a card reader and printing the form, shall ask the agent to check and sign.
Article 9 Where the application form is accurate and complete, and the identity information is correct, upon review, inquiry shall be permitted.
Where an inquiry applicant chooses to receive the report on site, a staff member of the service window shall print the inquiry report on site and make records of signing for receipt. An inquiry applicant who chooses to receive the inquiry report via e-mail box shall reserve the six-digit password and receive the inquiry report through the e-mail box and password reserved within two working days.
Section II Authorized Inquiry about the Public Credit Information of Natural Persons
Article 10 A natural person who inquiries about the non-public public credit information of another natural person shall obtain the valid authorization of the natural person and promise to use the report in strict accordance with the purpose agreed.
Article 11 Where a person authorizes a natural person to inquire about his own public credit information, the authorized person shall provide:
(1) original ID card of the authorizer and the photocopy thereof;
(2) the power of attorney issued by the authorizer; and
(3) original ID card of the authorized person and the photocopy thereof.
Article 12 Where a person authorizes a legal person to inquire about his own public credit information, the agent of the authorized legal person shall provide:
(1) original ID card of the authorizer and the photocopy thereof;
(2) the power of attorney issued by the authorizer;
(3) photocopy of the business license of the authorized legal person (affixed with an official seal);
(4) the IC card of the organization code of the authorized legal person;
(5) the power of attorney issued by the authorized legal person to the agent; and
(6) original ID card of the agent of the authorized legal person and the photocopy thereof.
Article 13 A staff member of the service window shall, after reading the ID card through a card reader and printing the form, shall ask the inquiry applicant or his agent to check and sign, in accordance with the relevant requirements of Article 10 and Article 11.
Article 14 After the end of authentication, a staff member of the service window shall focus on examining the power of attorney and the power of attorney shall have the following elements:
(1) the authorizer's name, certificate type, certificate number, contact number, etc.;
(2) the authorized person's name, certificate type, certificate number, working entity, contact number, etc.;
(3) the matter authorized, the scope of the authorized inquiry, valid term of the authorization, the use purpose agreed, etc.; and
(4) whether there is signature or seal of the authorized person in the power of attorney.
Article 15 Where the application form is accurate and complete, and the identity information is correct, upon review, inquiry shall be permitted. Where an inquiry applicant chooses to receive the report on site, a staff member of the service window shall print the inquiry report on site and retain the acceptance acknowledgement. An inquiry applicant who chooses to receive the inquiry report via e-mail box shall, after reserving the six-digit password and receiving the acceptance acknowledgement, receive the inquiry report through the e-mail box and the password reserved within two working days.
Section III Authorized Inquiry about the Public Credit Information of Legal Persons
Article 16 A legal person who inquiries about the non-public public credit information of other legal person shall obtain the valid authorization of the legal person and promise to use the report in strict accordance with the purpose agreed.
Article 17 Where a legal person authorizes a natural person to inquire about its own public credit information, the authorized person shall provide:
(1) the IC card of the organization code of the authorizing legal person;
(2) photocopy of the organization code certificate of the authorizing legal person (affixed with an official seal);
(3) the power of attorney issued by the authorizing legal person; and
(4) original ID card of the authorized person and the photocopy thereof.
Article 18 Where a legal person authorizes another legal person to inquire about its own public credit information, the agent of the authorized legal person shall provide:
(1) photocopy of the organization code certificate of the authorizing legal person (affixed with an official seal);
(2) the IC card of the organization code 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) original ID card of the agent and the photocopy thereof.
Article 19 A staff member of the service window shall, after reading the ID card of the natural person and the IC card of the organization code of a legal person through a card reader and printing the form, shall ask the inquiry applicant or his agent to check and sign, in accordance with the relevant requirements of Article 17 and Article 18.
Article 20 After the end of authentication, a staff member of the service window shall focus on examining the power of attorney and the power of attorney shall have the following elements:
(1) the authorizer's name, certificate type, certificate number, contact number, etc.;
(2) the authorized person's name, certificate type, certificate number, working entity, contact number, etc.;
(3) the matter authorized, the scope of the authorized inquiry, the valid term of the authorization, the use purpose as agreed, etc.; and
(4) whether there are seal of the authorizing legal person and signature of the legal representative in the power of attorney.
Article 21 Where the application form is accurate and complete, and the identity information is correct, upon review, inquiry shall be permitted. Where an inquiry applicant chooses to receive the report on site, a staff member of the service window shall print the inquiry report on site and retain the acceptance acknowledgement. An inquiry applicant who chooses to receive the inquiry report via e-mail box shall, after reserving the six-digit password and receiving the acceptance acknowledgement, receive the inquiry report through the e-mail box and the password reserved within two working days.
Section IV Inquiry about the Public Credit Information of Other Legal Persons and Natural Persons by Credit Service Institutions
Article 22 The credit sub-platform in SHFTZ shall provide inquiry services to credit service institutions.
Article 23 Credit service institutions which inquire about the public credit information on the credit sub-platform in SHFTZ shall concurrently satisfy the following conditions:
(1) They are credit service institutions recorded in the Shanghai Municipal Administrative Office of Credit Investigation to provide credit investigation, credit consultation, credit assessment, credit rating, credit insurance, credit factoring, credit guarantee, commercial account management, and other professional services.
(2) They have obtained authorization of the information subject or the government department, except for the information actively publicized in accordance with the laws and regulations.
(3) No negative records have been found in the inquiry on the municipal credit platform in the recent five years.
(4) They are member entities of the Shanghai Credit Services Trade Association, without violation of the industry standards.
Article 24 Credit service institutions shall keep confidential the inquiry results, prevent information leakage, and use the inquiry results in strict accordance with the agreed purpose.
Article 25 Credit service institutions shall ensure that the application materials provided are true and effective, and promise to use the public credit information according to the usage agreed in compliance with laws and regulations, but shall not externally provide, sell, disclose, or modify the information without permission. Credit service institutions found to have provided false materials shall be included in the credit files and be subject to such measures as prohibiting from inquiry.
Article 26 Credit service institutions which inquire about public credit information without valid authorization or in excess of their authorizations shall assume the liability for information disclosure and all other consequences arising therefrom.
Article 27 Credit service institutions which inquire about public credit information through the credit sub-platform in SHFTZ, shall send the assessment reports to the Management Committee of SHFTZ. The reports shall contain the inquiry purpose, scope of usage, public property, assessment results and other factors.
Article 28 The Management Committee of SHFTZ shall review the application materials and the assessment reports of the credit service institutions, as well as the general inquiry and usage of public credit information. Any false application, inquiry without authorization or in excess of authority, or failure to use the information according to the agreed purpose found shall be recorded in the credit files of the credit service institutions. In case of any gross circumstances, inquiry about others' information through the credit sub-platform in SHFTZ shall be prohibited.
Section V Other
Article 29 Matters not covered shall be governed by the Interim Measures of the Shanghai Municipality on the Administration of Inquiry about Public Credit Information.
Chapter III Inquiry about Financial Credit Information
Section I Inquiry about Business Credit Report in the Basic Financial Credit Information Database
Article 30 A legal representative may inquiry business credit reports with the inquiry window in person or entrust it to an agent.
Article 31 A legal representative which inquires about business credit reports with the inquiry window shall provide:
1. the original of his valid identity certificate;
2. the original of the company's valid registration certificate (business license or registration certificate for a public institution as a legal person, etc.); and
3. the originals of other certificates (organization credit code certificate, enterprise loan card, or organization code certificate) for inspection and examination.
An applicant shall concurrently complete the Application Form for Inquiry about Business Credit Report, and leave the photocopy of the valid ID card of the legal representative, the photocopy of the valid registration certificate, and the photocopies of other certificates for future examination.
A legal representative of a company which entrusts the inquiry about business credit report to an agent shall provide:
1. the original of the agent's valid identity certificate;
2. the original of the Power of Attorney on Authorization by the Legal Representative; and
3. photocopies of the agent's valid ID card, valid registration certificate, and other certificates.
Article 32 Any other entity or individual other than this company inquiring about the credit reports of the company shall obtain the written authorization of the company, provide the original of the Power of Attorney on Authorization by the Legal Representative, the original of the valid registration certificate, the originals of other certificates, and the original of the agent's valid identity certificate for inspection and examination, and leave the original of the Power of Attorney on Authorization by the Legal Representative, the photocopy of the valid registration certificate, the photocopies of other certificates, and the photocopy of the agent's valid ID card for future examination.
Article 33 The inquiry window shall examine and review the completeness of the relevant materials on application for inquiry provided by the inquiry applicant. For failure to satisfy the requirements, no inquiry shall be provided and the reasons for refusal to offer inquiry shall be notified.
Section II Inquiry about One's Own Credit Report in the Basic Financial Credit Information Database
Article 34 An individual may inquire about his personal credit report on his own or entrust it to an agent.
Article 35 An individual who inquires about the credit report with the inquiry window shall provide the original of his own valid ID card for examination and inspection, fill out the Application Form for One's Own Inquiry about the Personal Credit Report, and leave the photocopy of the valid ID card for future examination.
Where inquiry about the personal credit report with the inquiry window is entrusted to another person on a commissioned basis, the agent shall provide the originals of the valid ID cards of the client and the agent, and the notarization on the power of attorney for inspection and examination; concurrently fill out the Application Form for One's Own Inquiry about the Personal Credit Report; and leave the photocopies of the valid ID cards of the client and the agent, and the original of the notarization on the power of attorney for future examination.
Article 36 The inquiry window shall examine and review the completeness of the relevant materials on application for inquiry provided by the inquiry applicant. For compliance with the requirements, the inquiry window shall deliver the personal credit report printed after inquiry. For failure to satisfy the requirements, no inquiry shall be provided by the inquiry window and the reasons for refusal to offer inquiry shall be notified.
Section III Other
Article 37 Matters not covered shall be governed by the Regulation on the Administration of the Credit Rating Industry of the State Council, the Interim Measures for the Administration of the Foundation Database of Individual Credit Information of the People's Bank of China (“PBC”), and other provisions.
Chapter IV Objection Application
Article 38 [Objection Application]
Anyone having objection against the financial credit information provided by the PBC may submit an objection application to the PBC.
Anyone having objection against the public credit information obtained from the credit sub-platform in SHFTZ may submit a written objection application to the Shanghai Public Credit Information Service Platform.
Chapter V Management of Inquiry Log
Article 39 Relevant departments carrying out inquiry activity in SHFTZ shall faithfully record the inquiry subject, inquiry date, inquiry purpose, inquiry scope and other inquiry log information of the credit information, and keep them permanently.
Article 40 Any staff member of the credit information inquiry window in SHFTZ shall not delete, modify, or disclose the information of the inquiry log without permission.
Chapter VI Management of Inquiry Files
Article 41 The principles of “one file for one matter, number management, and filing on the current day” shall be followed for the inquiry files of public credit information. Staff members of the service window shall review the application materials in a timely manner and carry out filing on the current day after confirming the completeness of the materials. The inquiry files of the financial credit information shall be managed in accordance with the job requirements of the PBC and relevant institutions.
Article 42 The files shall include the application form for inquiry, the photocopy of identification certificate, the original of the power of attorney, and other materials.
Article 43 A specially-assigned person shall be designated to be in charge of the filing and keeping of the inquiry files. Files shall be stored in a separate file cabinet. Fire prevention, moisture prevention, insect prevention, rat prevention, and other “eight prevention” safety measures shall be adopted at the place where the files are kept.
Article 44 The scope for borrowing of the files shall be strictly restricted. No one shall be allowed to inquiry about, borrow, or copy the files without permission.
Article 45 Paper inquiry files shall be kept for a term of five years.