Anti-Telecommunications Network Fraud Law of the People's Republic of China
Adopted on September 2, 2022
and effective from December 1, 2022
There are 50 articles in seven chapters
Includes general provisions on telecommunications governance
Financial Governance Internet Governance
Comprehensive measures, legal liability, by-laws, etc
Adhere to people-centeredness
Integrating development and security
The whole chain prevents and controls telecom network fraud
Provide strong legal support for anti-telecommunications network fraud work
What is Telecom Network Fraud?
Why was the Anti-Telecommunications Network Fraud Law of the People's Republic of China promulgated?
When will the Anti-Telecommunications Network Fraud Law of the People's Republic of China come into force?
What are the main contents of the Anti-Telecommunications Network Fraud Law of the People's Republic of China?
Knowledge publicity and popularization
01
What is Telecom Network Fraud?
Telecommunications network fraud refers to the use of telecommunications network technology to defraud public and private finances through remote and non-contact methods for the purpose of illegal possession.
02
Why was the Anti-Telecommunications Network Fraud Law of the People's Republic of China promulgated?
Therefore, in order to effectively prevent, curb and punish telecommunications network fraud, strengthen anti-telecommunications network fraud work, protect the legitimate rights and interests of citizens and organizations, and maintain social stability and national security, the state has decided to formulate and promulgate the Anti-Telecommunications Network Fraud Law of the People's Republic of China. The main purpose is to crack down on telecommunications network fraud activities carried out within the territory of the People's Republic of China or telecommunications network fraud committed abroad by citizens of the People's Republic of China.
03
When will the Anti-Telecommunications Network Fraud Law of the People's Republic of China come into force?
04
What are the main contents of the Anti-Telecommunications Network Fraud Law of the People's Republic of China?
The Anti-Telecommunications Network Fraud Law of the People's Republic of China consists of 50 articles in seven chapters, namely: General Provisions, Telecommunications Governance, Financial Governance, Internet Governance, Comprehensive Measures, Legal Liability and Supplementary Provisions.
Chapter I, General Principles: It mainly introduces the background of the introduction and the principles of prevention and control.
Chapters 2 to 4: Mainly introduce the anti-telecom network fraud work responsibilities in the telecommunications industry, financial industry and Internet industry.
Chapter V, Comprehensive Measures: It mainly introduces the construction, division of labor and operation process of the anti-telecommunications network fraud working mechanism.
Chapter VI mainly clarifies relevant legal liabilities.
Chapter VII, Supplementary Provisions: mainly introduces the application of supplementary provisions and the date of implementation.
05
What are the legal liabilities for violating the Anti-Telecommunications Network Fraud Law of the People's Republic of China?
(1) Where individuals or units organize, plan, implement, or participate in telecommunications network fraud activities or provide assistance to telecommunications network fraud activities, which constitutes a crime, criminal responsibility shall be pursued in accordance with law. where a crime is not constituted, the public security organ shall detain it for not less than 10 days but not more than 15 days; Where unlawful gains are confiscated, a fine of between 1 and 10 times the unlawful gains is given, and where there are no unlawful gains or where the unlawful gains are less than 10,000 RMB, a fine of up to 100,000 RMB is given. Those who cause damage to others shall bear civil liability in accordance with the provisions of the Civil Code of the People's Republic of China and other laws.
(2) Where telecommunications business operators, banking financial institutions, or non-bank payment institutions violate relevant provisions, the relevant competent departments shall order corrections, and where the circumstances are minor, give warnings, circulate criticism, or impose a fine of between 50,000 and 500,000 RMB; where the circumstances are serious, a fine of between RMB 500,000 and RMB 5,000,000 is given, and the relevant competent departments may order the suspension of relevant operations, suspend business for rectification, revoke relevant business permits or revoke business licenses (banking financial institutions and non-bank payment institutions may also face being ordered by the competent departments to stop new business, reduce the type of business or scope of business), and give their directly responsible managers and other directly responsible personnel a fine of between 10,000 and 200,000 RMB. Those who cause damage to others shall bear civil liability in accordance with the provisions of the Civil Code of the People's Republic of China and other laws.
Fraud prevention skills
06
How to prevent telecom network fraud?
(1) Do not transfer, do not send money, remember that there will be no "pie" in the sky
(2) Do not provide bank account number, password and SMS verification code information
(3) Failing to follow the prompts or requirements of the other party to transfer any case-handling personnel or consultation calls
(4) When the authenticity of the telephone content cannot be verified, please be sure to hang up the phone first, and then confirm through 110 or go to the relevant department for on-site consultation
(5) Do not click on unknown links, network pop-up advertising links, etc
(6) Register the national anti-fraud App to protect personal financial information, career information, travel information, marriage information, etc.
07
What should I do if I encounter telecom network fraud?
(1) Accurately record the fraudster's bank account information (such as account number, account name, etc.)
(2) Call 110 to report to the police or the nearest police station as soon as possible
(3) Promptly and accurately submit the account information of fraudsters to the police under the case, and apply for an emergency stop payment of the account
Keep in mind that:
(1) Those who claim to be required by the Public Prosecution Law
(2) Any scam that tells you to send money to a "safe account"
(3) If you are notified of winning the lottery and receiving subsidies, you must pay money first
(4) Those who notify the "family member of the accident" and request to remit money first
(5) Any request for personal and bank card information in a phone call or text message
(6) Anyone who asks you to open online banking for inspection
(7) Anyone who asks you to open a room in the hotel for investigation
(8) Anyone who asks you to log in to the website to view the wanted warrant
(9) Anyone who claims to be a leader (boss) requests remittances
(10) Any unfamiliar website (link) that requires the registration of bank card information is fraud, please do not listen, do not transfer.
Please do not rent, lend or buy and sell your and others' bank accounts, Alipay accounts and WeChat accounts, do not provide your own accounts for others to transfer remittance, withdraw cash, once you are involved in telecommunications fraud, the use of your bank accounts and payment accounts will be subject to disciplinary restrictions, affecting the convenience and quality of your financial services.
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Source丨National Anti-fraud Center, Criminal Investigation Bureau of the Ministry of Public Security