The People's Bank of China (PBC) Shanghai Head Office, all regional branches and operations offices of the PBC, and all central sub-branches of the PBC in capital cities of provinces (autonomous regions) and sub-provincial cities; China Development Bank; all policy banks, state-owned commercial banks and joint-stock commercial banks; and Postal Savings Bank of China:
For the purposes of regulating the handling of credit reporting complaints and protecting the lawful rights and interests of credit information subjects, in accordance with the Regulation on the Administration of the Credit Reporting Industry, the PBC has developed the Rules for Handling Credit Reporting Complaints, which are hereby issued for your compliance and implementation.
PBC branch offices shall forward this Notice to local financial institutions and credit reporting agencies within their respective jurisdictions.
The General Administration Department of the People's Bank of China
May 6, 2014
Annex:
Rules for Handling Credit Reporting Complaints
Chapter I General Provisions
Article 1 For the purposes of regulating the handling of credit reporting complaints and protecting the lawful rights and interests of credit information subjects (hereinafter referred to as “information subjects”), these Rules are developed in accordance with the Regulation on the Administration of the Credit Reporting Industry.
Article 2 Where the information subject believes that any credit reporting agency, information provider, or information user infringes upon its or his lawful rights and interests and files a complaint with the local PBC branch office, these Rules shall apply.
Article 3 For the purposes of these Rules, the “complainant” means the information subject that files the complaint with the PBC branch office.
Article 4 Credit reporting complaints shall be handled under the principles of lawfulness, impartiality, timeliness and convenience for the people.
Chapter II Handling of Complaints
Article 5 The PBC branch office shall, after receiving a complaint, truthfully complete the Credit Reporting Complaint Acceptance Form (see the Appendices) to record the basic information about the complainant or agent, the subject matter of the complaint, complaint claims, and the name, content and other information about the evidentiary materials submitted by the complainant or agent, and request the complainant or agent to sign the Credit Reporting Complaint Acceptance Form for confirmation.
Article 6 Where the complainant is a natural person, the PBC branch office shall register his or her valid identity certificate; if the complainant is a legal person or any other organization, the PBC branch office shall register valid documents on the formation of the institution and the identity certificate of the handling person, and retain the letter of introduction.
Where the complainant authorizes an agent to file a complaint, the PBC branch office shall also register the agent's valid identity certificate (or valid documents on the formation of the institution) and retain the power of attorney.
Article 7 Where the complainant is unable to submit materials to the PBC branch office and sign them for confirmation for objective reasons, the complainant may also file a complaint by fax, letter, email, or other forms, and submit relevant materials to which his or her signature is affixed.
The PBC branch office shall, after receiving the complaint, take effective means to confirm the identity of the complainant.
Article 8 Where the PBC branch office considers that the complaint materials submitted by the complainant or agent are incomplete, it shall, at one time, inform the complainant or agent of making supplements or corrections.
Article 9 Where the PBC branch office, after receiving a complaint, is able to give a reply on the spot on whether to accept the complaint, it shall give a reply on the spot; if it cannot give a reply on the spot, it shall make a decision on whether to accept the complaint within five days after receiving the complaint, and inform the complainant or agent.
Where the PBC branch office decides not to accept the complaint application, it shall also clearly inform the applicant of the reasons for not accepting the application.
Article 10 The PBC branch office shall not accept a complaint if it falls under any of the following circumstances:
(1) There is no specific object against which the complaint is filed.
(2) There is no specific subject matter or cause for filing the complaint.
(3) The relevant PBC branch office has verified and handled the subject matter of the complaint, and there are no new circumstances or new reasons.
(4) The subject matter of the complaint has been accepted or processed through judicial and other channels.
Article 11 Where the place where the complainant is located is inconsistent with the place where the institution against which the complaint is filed is located, the complainant may file a complaint with either PBC branch office.
The PBC branch office that receives the complaint shall handle the complaint through consultation with the relevant PBC branch office.
Chapter III Evidence Collection and Verification in Respect of Complaints
Article 12 The PBC branch office shall, within five days after making the complaint acceptance decision, forward the Credit Reporting Complaint Acceptance Form and duplicates of relevant materials to the institution against which the complaint is filed.
Article 13 The institution against which the complaint is filed shall, within 10 days of receipt of the Credit Reporting Complaint Acceptance Form, make a written explanation to the PBC branch office on the actual circumstances of and reasons for the subject matter of the complaint, and provide relevant evidentiary materials.
Article 14 Where the PBC branch office is of the opinion that the relevant materials submitted by the institution against which the complaint is filed fail to fully prove whether the subject matter of the complaint exists and the grounds and reasons are unclear, it may require the institution against which the complaint is filed to supplement materials within three days.
Where the institution against which the complaint is filed refuses to provide relevant materials or provides false materials, the PBC branch office may enter the institution against which the complaint is filed to conduct investigation in accordance with the law.
Article 15 Where the PBC branch office is of the opinion that the evidentiary materials submitted by the complainant and the institution against which the complaint is filed are inconsistent and it is necessary to further ascertain the specific circumstances, it may arrange for personnel to investigate and obtain information from the complainant and the institution against which the complaint is filed and solicit their opinions.
At least two investigators shall be assigned to conduct investigation, and they shall produce their work certificates to the complainant and the institution against which the complaint is filed, and prepare the investigation records.
Chapter IV Complaint Handling Decision
Article 16 The PBC branch office shall make a handling decision within 30 days after accepting the complaint, and in a timely manner, serve the decision on the complainant and the institution against which the complaint is filed.
The handling decision shall indicate such content as the complainant's information, subject matter of the complaint, complaint claims, and handling opinions.
Article 17 Where the institution against which the complaint is filed has no objection to the complaint handling result, it shall, within 10 days of receipt of the handling decision, make rectification according to the handling opinion, and report the rectification information to the PBC branch office.
Where the institution against which the complaint is filed fails to make rectification as required, the PBC branch office may punish it in accordance with the Regulation on the Administration of the Credit Reporting Industry.
Article 18 Where the complainant or the institution against which the complaint is filed has any objection to the complaint handling result, it or he may apply to the institution at the next higher level of the PBC branch office that makes the complaint handling decision for reconsideration.
Article 19 Where the institution against which the complaint is filed has reached a settlement agreement with the complainant and the complainant withdraws the complaint, the PBC branch office may terminate the handling of the complaint.
Article 20 Where the PBC branch office finds that the institution against which the complaint is filed has any violation of relevant law, regulation or rule or any other circumstance in the process of handling a complaint, it shall handle the violation in accordance with the law.
Chapter V Routine Management
Article 21 PBC branch offices shall designate special personnel to review, archive, keep, use and destroy archives and materials on credit reporting complaints in accordance with the provisions on archives management.
Article 22 PBC branch offices shall establish rules for reporting the handling of credit reporting complaints.
PBC branch offices at or above the level of a central sub-branch in the capital city of a province (autonomous region) shall, before the tenth day of the first month of each quarter, report to the PBC Head Office the information on the handling of credit reporting complaints within their respective jurisdictions in the previous quarter.
Chapter VI Supplementary Provisions
Article 23 These Rules shall be subject to interpretation by the PBC.
Article 24 These Rules shall come into force on the date of issuance.
Appendices: (For appendices please refer to the Chinese version)
Credit Reporting Complaint Acceptance Form (for Individuals)
Credit Reporting Complaint Acceptance Form (for Legal Persons or Other Organizations)
