On May 15, it was reported that in order to further standardize the post-loan collection business of Internet finance, protect the legitimate rights and interests of creditors, debtors and related parties, and promote the healthy and orderly development of consumer finance business, the Internet Finance Association of China, together with the China Banking Association, the China Communications Enterprise Association, and the Internet Society of China, organized relevant practitioners to jointly develop the national standard of "Internet Finance Personal Online Consumer Credit Post-loan Collection Risk Control Guidelines". At present, the standard has been reviewed by the National Financial Standardization Technical Committee.
At present, the collection business needs to be standardized, considering that it will take some time for the standard to be released, the Association has developed the "Guidelines for Internet Finance Post-loan Collection Business" (hereinafter referred to as the "Guidelines") with the main content of the national standard, which has been deliberated and approved by the second meeting of the second council of the Association on April 17, and reported to the financial management department, which is hereby released. Subsequently, after the national standard is issued and implemented, this guideline will be replaced.
The scope of application of this guideline includes:
(1) Commercial banks, consumer finance companies, microfinance companies, auto finance companies, and other institutions engaged in lending business carry out or entrust third-party collection agencies to carry out post-loan collection business for personal online consumer credit.
(2) After a financial institution transfers its creditor's rights in accordance with regulations, the transferee of creditor's rights, such as a financial asset management company, a local asset management company, a financial assets investment company, and a financing guarantee company, shall carry out the collection business on its own or entrust a third-party collection agency to carry out the collection business. The transferee of the creditor's rights shall comply with the relevant requirements of the financial institution in accordance with these guidelines.
(3) These Guidelines may be applied to financial institutions that carry out post-loan collection business of individual industrial and commercial households and personal non-online consumer credit (including credit card products) by carrying out or entrusting third-party collection agencies on their own.
The Guidelines point out that financial institutions should prudently carry out consumer credit business, comprehensively and objectively assess the borrower's borrowing purpose, repayment ability and willingness to repay, etc., and recommend suitable loan products to borrowers who meet the borrowing conditions. Financial institutions should prominently mark (e.g., bold, blacked, underlined, etc.) key information related to collection in the loan contract or service agreement on the term, interest rate, repayment arrangement, possible measures to be taken after the loan is overdue, liability for breach of contract, personal information processing, etc., and remind the borrower to read it carefully and carefully. Financial institutions should earnestly practice the concept of responsible finance, operate in compliance with regulations, strengthen the education and protection of financial consumers, and guide borrowers to borrow rationally and plan their repayments reasonably.
Financial institutions should earnestly fulfill the main responsibility of post-loan collection business, continuously strengthen their collection capacity building, and prudently implement outsourcing. Financial institutions should strengthen the management, supervision and inspection of third-party collection agencies, do a good job of risk early warning and emergency response, and prevent risks such as improper collection and leakage of personal information. Financial institutions and third-party collection agencies shall follow the principles of "compliance with laws and regulations, equality and objectivity, and privacy protection" in carrying out collection work, strictly abide by relevant laws, regulations and relevant national regulations, and shall not infringe upon the legitimate rights and interests of debtors, contacts and other relevant parties in carrying out collection work.
Guidelines for post-loan collection business in Internet finance
Chapter I: General Provisions
Article 1 These Guidelines are formulated in accordance with relevant laws and regulations such as the protection of personal information, the protection of the rights and interests of financial consumers, and the Internet loans of commercial banks, as well as relevant state provisions, so as to further standardize the post-loan collection business of Internet finance, protect the lawful rights and interests of creditors, debtors and relevant parties, and promote the healthy and orderly development of the consumer finance business.
Article 2 The scope of application of these guidelines includes:
(1) Commercial banks, consumer finance companies, microfinance companies, auto finance companies, and other institutions engaged in lending business (hereinafter collectively referred to as "financial institutions") carry out or entrust third-party collection agencies to carry out post-loan collection business for personal online consumer credit.
(2) After a financial institution transfers its creditor's rights in accordance with regulations, the transferee of creditor's rights, such as a financial asset management company, a local asset management company, a financial assets investment company, and a financing guarantee company, shall carry out the collection business on its own or entrust a third-party collection agency to carry out the collection business. The transferee of the creditor's rights shall comply with the relevant requirements of the financial institution in accordance with these guidelines.
(3) These Guidelines may be applied to financial institutions that carry out post-loan collection business of individual industrial and commercial households and personal non-online consumer credit (including credit card products) by carrying out or entrusting third-party collection agencies on their own.
Article 3 Relevant terms and definitions in these Guidelines
(1) "Collection" refers to the acts of reminding, notifying, and urging the debtor to perform its debt repayment obligations when the debtor violates the provisions of the consumer credit-related product contract or service agreement and fails to repay the debts due on time and in full.
(2) "Third-party collection agencies" refers to those that are registered in accordance with law and are independent
Legal person or civil subject qualification, entrusted by financial institutions to assist them in carrying out consumption
Fee credit post-loan collection service provider outsourcing service provider.
(3) "Debtor" refers to a product contract or service related to consumer credit
Borrowers and guarantors who have repayment obligations to financial institutions, etc
Jointly and severally responsible.
(4) "Collection personnel" refers to the responsibility of financial institutions and third-party collection agencies
Practitioners of collection work.
(5) "Contact person" refers to the person who is requested by a financial institution or a third-party collection agency
In order to restore contact with the debtor or to convey the debtor's contact with the financial institution on behalf of the debtor
Department of the third person.
(6) Informative collection refers to the collection behavior carried out by unilaterally urging the debtor to fulfill its debt repayment responsibility by sending messages, voices, videos, e-mails, letters, etc.
(7) Interactive collection refers to the sending of letters through instant messaging, video, and letters
Interactive communication with the debtor and supervision
The collection activities carried out by the company in fulfilling its debt repayment obligations.
(8) "Personal information" refers to all kinds of information related to identified or identifiable natural persons recorded electronically or by other means, excluding anonymized information.
Article 4 The overall requirements for post-loan collection business are:
(1) Financial institutions should prudently carry out consumer credit business, comprehensively and objectively assess the borrower's purpose of borrowing, ability to repay and willingness to repay, etc., and recommend suitable loan products to borrowers who meet the borrowing conditions. Financial institutions should prominently mark (e.g., bold, blacked, underlined, etc.) key information related to collection in the loan contract or service agreement on the term, interest rate, repayment arrangement, possible measures to be taken after the loan is overdue, liability for breach of contract, personal information processing, etc., and remind the borrower to read it carefully and carefully. Financial institutions should earnestly practice the concept of responsible finance, operate in compliance with regulations, strengthen the education and protection of financial consumers, and guide borrowers to borrow rationally and plan their repayments reasonably.
(2) The borrower should establish a rational outlook on consumption and borrow reasonably. borrower
Before signing a loan contract or service agreement, you should read the loan contract carefully and carefully
or the terms of the service agreement to ensure that you understand the term, interest rate, and repayment security of the loan product
Arrangement, possible measures to be taken after overdue, liability for breach of contract and other key letters related to collection
The meaning of interest, if necessary, may request an explanation from the financial institution. Guarantor and other companies
The responsible person shall ensure that the responsible person understands the responsibility before signing the relevant guarantee contract or service agreement
The amount and scope of the guarantee, the conditions for the performance of the guarantee liability, the liability for breach of contract, etc. and the collection
The meaning of relevant key information, which may be requested from the borrower and the financial institution if necessary
Explain.
(3) Financial institutions should earnestly fulfill the main responsibilities of post-loan collection business, continuously strengthen their collection capacity building, and prudently implement outsourcing. Financial institutions should strengthen the management, supervision and inspection of third-party collection agencies, do a good job of risk early warning and emergency response, and prevent risks such as improper collection and leakage of personal information. Financial institutions and third-party collection agencies shall follow the principles of "compliance with laws and regulations, equality and objectivity, and privacy protection" in carrying out collection work, strictly abide by relevant laws, regulations and relevant national regulations, and shall not infringe upon the legitimate rights and interests of debtors, contacts and other relevant parties in carrying out collection work.
Chapter II: Internal Control Management
Article 5 System management
Financial institutions and third-party collection agencies shall establish and improve internal control and management systems for post-loan collection, including but not limited to organization and personnel management, business management, management of third-party collection agencies by financial institutions (if involved), personal information security, complaint handling systems, etc.
Article 6 Organization and personnel management
(1) Financial institutions and third-party collection agencies should strengthen the organization and management of collections.
Specify the management department responsible for the collection business, and designate a senior manager
Responsible for the management of related work. Qualified financial institutions may set up a special charge for collection
Sectors of the business.
(2) Financial institutions and third-party collection agencies should strengthen the management of collection personnel.
This includes, but is not limited
1. Reasonably allocate collection positions and clarify the responsibilities of each position.
2. Formulate specific standards for the selection of collectors, and should not select persons with violent criminal records and serious negative credit records.
3. Collection personnel should conduct necessary pre-job training and assessment before taking up their posts, and sign a letter of commitment to personal information security and confidentiality. The main content of pre-job training and assessment should include basic financial knowledge, professional ethics, operating norms, network security knowledge and relevant requirements for protecting customer privacy.
4. Establish a mechanism for dynamic monitoring of the entire process of the professional behavior of collectors. Detect and deal with improper collection behaviors in a timely manner; Timely transfer of personnel who are no longer suitable for collection work from their posts; If it is found that the collector has committed a major violation of laws and regulations in the collection behavior, he shall be dismissed and report the information to the relevant industry self-regulatory organization.
5. Collectors should conduct training and assessment on collection business and network security awareness at least once a year to continuously improve their professional ability and professionalism.
6. Reasonably formulate performance evaluation, reward and punishment mechanisms for collectors, and include compliance operations, collection effects, information security, and complaints in the comprehensive assessment, and should not adopt or disguise the use of a single assessment method based on the amount of debt recovery.
Chapter III: Business Management
Article 7 Collection Object
Financial institutions and third-party collection agencies should only collect from debtors, and should not
Contact collections. Among them, the collection of jointly and severally liable persons such as guarantors shall be subject to national law
Laws, regulations, regulations and agreements.
Article 8 Access to Contact Information
(1) Financial institutions and third-party collection agencies may obtain them through the following channels:
Debtor's contact information:
1. Contact information as agreed in the contract or agreement.
2. Contact information reserved at a financial institution. 3. Contact information obtained after communication between the two parties. 4. The contact information disclosed by the debtor himself. 5. Within a reasonable range, contact information obtained through other legal channels, etc.
(2) If one of the following circumstances is met, the collector may contact the contact person: 1. The debtor himself cannot be contacted, and the contact with the debtor is restored in a timely manner. 2. The debtor has died, is found to be incapable of civil conduct or has limited civil capacity, in order to establish a connection with its possible property heirs or stakeholders.
Among them: the financial institution and the debtor may clarify that there is no through agreement or other means
The law is related to the specific situation of the debtor himself, etc.
(3) If the contact person clearly refuses the request of the collector or requires the collector not to contact him again, the collector shall not contact him again. The collector can only ask the contact person for the debtor's contact information and/or ask him to tell the debtor to contact the financial institution on his behalf, and shall not disclose the debtor's overdue amount, arrears time and other arrears information. When the contact person clearly expresses his or her willingness to repay the debtor, he or she may provide the necessary information for the repayment, as appropriate.
Article 9 Collection time
Where collection operations are carried out by sending text messages, voices, 5G messages, etc., they shall comply with the relevant regulations of the telecommunications industry. If the two parties have agreed on the collection time in advance, the collection operation shall be subject to their agreement. If the two parties do not agree on the collection time, the collection operation should not be collected from 22:00 to 8:00 the next day.
Article 10 Collection tools
(1) Collection tools used by financial institutions and third-party collection agencies
At least one of the following should be true:
1. Official collection tools of financial institutions, such as official collection phone numbers, SMS telecommunication network code numbers, email addresses, collection letters, etc.
2. If it is not the official collection operation tool of the financial institution, it shall be filed with the financial institution in advance, and the filing information shall be updated with the financial institution in advance for the change of the collection operation tool.
(2) The collection operation tools are only used for the collection business of the institution.
Article 11 Code of Conduct for Collection
(1) The collector shall, at the time of the first contact, indicate to the debtor and the contact person the financial institution and collection agency (if any) he or she represents, and shall not conceal or falsify his identity and shall not carry out collection in his or her own name.
(2) The collector shall truthfully inform the debtor of the reason for collection, the amount of overdue arrears, and the consequences of breach of contract. Collectors should make objective statements, should not use statements that may be ambiguous or misleading, should not exaggerate facts (such as exaggerating the amount of debt, liability for breach of contract, legal consequences, etc.), and should not fabricate non-existent facts (such as fabricating bad credit records or blacklists, etc.).
(3) The collector shall use the contract agreement between the financial institution and the debtor
or the collection channel designated by the financial institution, and should not use other channels or methods to collect
Repayment.
(4) Collectors shall not charge additional fees in the name of collection, and shall not induce or force debtors to raise funds to repay debts through illegal means.
(5) After the debtor fulfills the repayment obligation, the financial institution shall immediately terminate it
Collect and promptly notify the third-party collection agency to terminate the collection.
Article 12 Collection records
(1) Financial institutions and third-party collection agencies shall record the entire process of collection to ensure that the records are true, objective and complete. The third-party collection agency shall provide the financial institution with complete collection records. Relevant records should be kept for at least 2 years.
(2) Financial institutions and third-party collection agencies shall conduct regular self-inspections of collection records at least once a year; Financial institutions shall conduct regular inspections and unscheduled surprise inspections of the collection records of third-party collection agencies, at least once a year; Inspection records should be kept properly and should be kept for at least 2 years.
(3) Financial institutions and third-party collection agencies should record and record collection communications
Electronic vouchers and other quality inspection methods such as automatic voice recognition are used to improve collection compliance
Detection efficiency.
Article 13 Information Disclosure
Financial institutions shall uniformly disclose the name, contact information and other relevant information of the entrusted third-party collection agency through the official website and other official channels of the institution, and update it in a timely manner. When the debtor inquires with a financial institution about the third-party collection agency with which it cooperates, the financial institution shall truthfully, accurately and promptly inform the debtor.
Article 14: Application of artificial intelligence technology
Financial institutions and third-party collection agencies can use AI technology to carry out collection operations, but should comply with the following requirements:
(1) The relevant requirements of this document shall be strictly implemented in all aspects of the collection operation using artificial intelligence technology.
(2) Promote inclusive design, prevent unfair discrimination, focus on improving the availability, reliability and accuracy of technology applications, and avoid causing inconvenience and obstacles to debtors.
(3) Adhere to the positioning of science and technology empowerment, strengthen algorithm design and data security, and effectively control the risks and hidden dangers that may be brought about by the application of artificial intelligence technology.
Article 15 Informative collection
Financial institutions and third-party collection agencies in the process of informative collection, except for the need:
In addition to following Articles 7 to 14 of these guidelines, the following basic work rules should also be followed
范:
(1) The content of the collection (including the collection template) shall be reviewed in advance by the financial institution
Sure, the content should be truthful, accurate, concise, and easy to understand. Without a financial machine
The third-party collection agency shall not change the content of the collection with prior written consent.
(2) Notification collection in the form of voice (including intelligent voice) shall be strictly controlled within a reasonable and necessary range, and the frequency of telephone calls made by the same financial institution and its cooperative third-party collection agency shall not exceed 3 times per day for a single debtor, unless otherwise agreed with the debtor.
(3) Inform in the form of letters such as notification letters, lawyer's letters, and reminder letters
Collection:
1. The letter should be stamped with a seal (including an electronic seal).
2. The addressee shall be the debtor himself; The collection interval for the same credit product should not be less than 7 calendar days.
3. Paper letters should be sealed, and the cover should not contain relevant privacy content such as debtor's overdue arrears information.
4. The letter should not be served by fax; When the debtor is not present at the scene, he or she may ask his adult family members living with him to hand it over, but he should be informed that the letter must be written by the debtor himself.
(4) Where collection operations are carried out by means of sending text messages, voices, 5G messages, etc., they shall comply with the relevant regulations of the telecommunications industry.
Article 16 Interactive Collection
(1) Financial institutions and third-party collection agencies in the process of interactive collection,
In addition to following Articles 7 to 14 of these guidelines, the following basic tasks should also be followed
Specification:
1. When contacting the debtor, the collector should confirm the debtor's identity.
2. Interactive collection in the form of voice, video or face-to-face should be recorded and/or videotaped throughout the process, and the debtor should be actively informed.
3. The basic etiquette of service shall be observed.
(2) In the interactive off-site collection, the following basic work should also be followed
Specification:
1. The frequency of collection should be controlled within a reasonable and necessary range. Interactive collection in the form of voice (including intelligent voice) shall be carried out, and the frequency of collection shall be strictly controlled within the reasonable and necessary range, and the active and effective call with a single debtor shall not exceed 3 times a day, unless otherwise agreed with the debtor. Among them: an effective call refers to a conversation that lasts 6 seconds or more, and the two parties form a true expression of meaning through communication.
2. If the collection operation is carried out by sending text messages, voices, 5G messages, etc., it shall comply with the relevant regulations of the telecommunications industry.
(3) The following basic work rules should also be followed when interacting with on-site collection
范:
1. There should be at least two people at a time, and no more than three people at a time. 2. Dress appropriately and should not be dressed in fancy or misleading attire. 3. You should take the initiative to show your work ID. 4. Active and effective communication with a single debtor should not exceed 1 time per day, unless otherwise agreed with the debtor. 5. Without consent, they should not enter private places such as residences or relevant office areas where the debtor is located, and should not interfere with the normal life of the debtor's family members living with them, and should not interfere with the work of other personnel in the workplace.
Chapter IV: Management of Third-Party Collection Agencies by Financial Institutions
Article 17 Selection and evaluation
(1) Financial institutions shall consider matters involving consumer rights and interests in the collection
etc., set the entry and exit standards of third-party collection agencies, and collect from third-party collections
The organization conducts an assessment, which includes but is not limited to:
1. Business qualifications. Third-party collection agencies shall be established in accordance with law, legally exist, and independently bear civil rights and obligations.
2. Legal and compliant operations. Third-party collection agencies should not have major violations of laws and regulations.
3. Going concern. The third-party collection agency should have the ability to continue operations, have a stable financial position, and have clear equity, and should not lead to the inability to continue operations
Economic disputes, lawsuits, etc.
4. Internal Controls. The internal control of the third-party collection agency shall be sound, independent and effective, including: personnel management, collection operation management, information security management, consumer rights protection and complaint handling, emergency management, etc.
5. Professional competence. The third-party collection agency should have the professional ability to undertake the matters entrusted by the financial institution.
6. Ability to guarantee information security. Third-party collection agencies should have information security capabilities that can meet the requirements of properly keeping collection data and ensuring the security of personal information.
7. Working environment. The third-party collection agency shall have a fixed office space and the necessary infrastructure, software and hardware and operating tools to carry out collection operations.
8. Social responsibility. Third-party collection agencies shall pay taxes in accordance with the law, handle social security matters for employees in accordance with the law, and have no serious violations of public order and good customs.
9. Financial institutions should give preference to third-party collection agencies with a good reputation in the industry, consciously abide by these Regulations, and accept the management of relevant industry self-regulatory organizations.
(2) The financial institution shall name the third-party collection agency that has passed the assessment
Single-system management, and hierarchical and classified management should be carried out if conditions permit. Financial institutions should
Require the third-party collection agency to fulfill the following commitments in writing:
1. Promise not to subcontract or disguise the collection business. 2. Promise to keep confidential the personal information involved in the collection operation. 3. Undertake to accept the supervision and inspection of financial institutions. 4. Promise to cooperate with financial institutions to accept the supervision and inspection of financial management departments, industry associations and other self-regulatory organizations.
(3) Financial institutions shall cooperate with third-party collection agencies in collection business in accordance with the principles of objectivity, fairness, equality and mutual benefit, and sign a written entrustment agreement with third-party collection agencies before entrusting them to carry out collection operations, clearly stipulating the rights and responsibilities of each party (including the protection of consumer rights and interests), the scope of entrustment, the duration of entrustment, the requirements for collection operations, personal information security management and control, risk sharing, whether business subcontracting is allowed, the trigger conditions and transitional arrangements for the change or termination of the agreement, and the removal standards for violating the responsibilities and obligations for the protection of consumer rights and interests. Dispute resolution mechanism, liability for breach of contract, etc. A financial institution may entrust only one collection agency to collect a single debt during the same period.
(4) If a financial institution allows business subcontracting, it shall bear the risks that may be brought about by business subcontracting, and stipulate the principles and relevant requirements of business subcontracting in a written entrustment agreement:
1. The proposed subcontracting service provider shall be approved by the financial institution in advance.
2. The sub-service provider shall strictly abide by the relevant terms of the entrustment agreement signed between the main service provider (i.e. the third-party collection agency) and the financial institution.
3. The third-party collection agency shall continue to ensure that it is responsible for the service level and system control after the business is subcontracted.
4. The business should not be subcontracted again after subcontracting.
Article 18 Supervision, inspection and evaluation
(1) Financial institutions shall supervise and inspect third-party collection agencies that have passed the assessment, and promptly identify, discover and deal with all kinds of abnormal situations and risks. If the third-party collection agency no longer meets the selection criteria, it shall be removed from the list in a timely manner. (2) The financial institution shall conduct an evaluation of the entrusted third-party collection agency, which shall be carried out at least once a year, and shall be carried out once before the expiration of the entrustment agreement, and the evaluation shall focus on the compliance of the collection behavior, the quality and efficiency of task completion, information security management, collection records, complaint handling, etc. Financial institutions should take the evaluation results as an important basis for decision-making to adjust the scope of entrustment, terminate entrustment, and renew contracts.
(3) The third-party collection agency has the following circumstances within the period agreed in the agreement
One of them, the financial institution should urge it to take corrective measures immediately and rectify it within a time limit
位:
- Suspected of illegal collection. 2. Personal information is leaked, lost, or tampered with. 3. Infringing on the legitimate rights and interests of consumers.
(4) If the third-party collection agency has any of the following circumstances within the agreed period of the agreement, the financial institution shall immediately terminate the entrustment: 1. There is a major violation of laws and regulations in the collection behavior. 2. Serious personal information leakage, loss, or tampering has occurred. 3. Failure to complete the rectification of suspected illegal collection and personal information leakage, loss or tampering within the specified time. 4. Seriously infringing on the legitimate rights and interests of consumers.
Chapter V: Personal Information Security Protections
Article 19 Basic Requirements
(1) Financial institutions and third-party collection agencies shall both perform their primary responsibility for the protection of personal information, and shall strictly abide by relevant national laws, regulations, rules, and normative documents when collecting, using, processing, providing, transmitting, and storing (hereinafter referred to as "processing") the debtor's relevant personal information, and formulate relevant standards, policies, and procedures for personal information security, including but not limited to access management, personnel management, business operation management, data and information management, authority management, and safety management of work sites and computer rooms.
(2) Financial institutions and third-party collection agencies use information systems to collect
Receiving Assignments:
1. The secure computing environment should at least meet the relevant requirements of Level 2 security in the national standard.
2. Network access control policies should be strictly configured to achieve risk isolation between different network security domains such as system development and testing, production, and office, as well as between partners and partners.
3. The application system should have strict access control and audit measures, and personal information should be blocked and displayed.
4. Terminals and networks shall have data leakage protection measures, and shall not retain personal information that may be involved.
(3) Recordings of financial institutions and third-party collection agencies used for collection operations,
Video, photographing, information storage and other equipment should be uniformly configured and managed.
(4) The collection operation site of financial institutions and third-party collection agencies shall be provided
Prepare access control and other security precautions.
(5) The same third-party collection agency handles the collection business of multiple financial institutions
In this case, the information and data of different financial institutions should be effectively isolated.
Article 20 Responsibilities of Financial Institutions
(1) The financial institution shall, by means of an agreement, clearly inform the debtor in a conspicuous manner and in clear and understandable language of the applicable circumstances and scope of the provision of its personal information to a third-party collection agency.
(2) Financial institutions and third-party collection agencies should clarify the third-party collection agency's obligation to protect personal information and its specific liability for breach of contract in an agreed manner.
(3) Financial institutions shall provide third-party collection agencies with the personal information required for collection operations in accordance with the principles of minimum, necessity and sufficiency. Financial institutions and third-party collection agencies shall adopt a safe and reliable method for the transmission of personal information, and shall adopt technical measures such as secure channels and data encryption when transmitting through networks, equipment, etc.
(4) Financial institutions should conduct acts such as the deletion and destruction of personal information
Recording. After the collection operation is terminated or the personal information is destroyed, the financial institution shall continue to undertake the collection
Responsibility for the confidentiality of personal information.
Article 21 Responsibilities of third-party collection agencies
(1) The third-party collection agency shall properly manage and use the debtor and its contacts
Personal information of persons shall only be used for the purpose of handling collection-related business.
(2) The third-party collection agency discovers the personal information of the debtor and its contact person
Where security may be violated, the situation should be ascertained and remedial measures should be taken as soon as possible
and notify the participating financial institution within 24 hours. (3) When the collection cooperation agreement is terminated, the third-party collection agency shall report in advance
After the cooperative financial institution agrees, all personal information of the debtor and its contact person shall be destroyed, and the destruction shall be recorded. After the collection operation is terminated or the personal information is destroyed, the third-party collection agency shall continue to bear the responsibility of keeping the personal information confidential.
Chapter VI: Handling of Complaints
Article 22 Basic Requirements
(1) Both financial institutions and third-party collection agencies should strictly implement financial consumption
The relevant requirements for the protection of the rights and interests of the feekeeper shall be the complaint of the unit
All should respond in a timely manner and deal with them properly, maintain communication with the complainant, and avoid conflicts
Change. The third-party collection agency shall regularly report the acceptance and handling of complaints to the financial institution
Construct a report.
(2) When a financial institution receives a complaint against a cooperative third-party collection agency, it shall:
Handle it as a complaint from the unit, and request a third-party collection agency to match it
Combine. Third-party collection agencies receive complaints against cooperative financial institutions or are unable to do so
Complaints handled by banks should be reported to financial institutions for handling.
(3) Financial institutions and/or third-party collection agencies shall make complaints, mediations, and investigations
The principle of recusal shall be followed in the process of investigation and disposal, but the person being complained against shall cooperate with the investigation department
Place.
(4) Financial institutions and/or third-party collection agencies shall establish a complaint traceability and rectification mechanism, conduct in-depth research and analysis of the causes of complaints, formulate effective improvement measures, and continuously improve and optimize the collection business process.
(5) In response to agency complaints, financial institutions and/or third parties urge
The receiving agency shall verify the legitimacy and validity of the agent's behavior, and the information shall be verified to be correct
Dispose of it in accordance with the regulations. If the act of agency is illegal or invalid, the financial institution and
(or) the third-party collection agency shall inform the complainant that the agent is acting illegally or non-lawfully
and indicate possible risks.
(6) Collection complaints and inquiries involved in the transfer of non-performing loan creditor's rights by financial institutions
questions, according to the circumstances, cooperate to explain or give reasonable guidance to the object of the complaint.
(7) Due to the use of telephone numbers, text messages, telecommunications network numbers, and other communication service properties
In the event of a complaint, financial institutions and third-party collection agencies shall cooperate with the telecommunications operator
Complaint handling. The supply and demand of communication services may be clarified by agreement
Confirm the rights and obligations of both parties in relation to the handling of complaints.
Article 23 Information Disclosure
(1) Financial institutions and third-party collection agencies shall disclose the following complaint handling information in a conspicuous position on official websites and mobile applications or specify in the financial services agreement:
1. Complaint acceptance channels, such as contact number, e-mail address, mailing address, etc.
2. The complaint handling process, including but not limited to registration and acceptance, situation verification, investigation and disposal, result notification and other necessary work steps.
(2) When the debtor or the contact person inquires about the complaint handling information, the financial institution
and third-party collection agencies should inform truthfully, accurately and in a timely manner.
Chapter VII: Promote the standardized and healthy development of collection operations
Article 24 Report on major risk matters
(1) If any of the following circumstances occurs in a financial institution or a third-party collection agency, it shall report in writing to the relevant industry self-regulatory organization within 48 hours from the discovery of the incident, the current situation, the possible impact and the measures taken:
1. The collection business is suspected of violating laws and regulations and discipline and is investigated by the relevant management department, or is subject to criminal penalties or major administrative penalties.
2. The collectors have violent collection behaviors, which may endanger the personal and property safety of the debtor and its associates and other relevant parties.
3. Serious personal information leakage, loss, or tampering has occurred.
4. Encountering organized black and gray industries (such as anti-collection alliances) that seriously interfere with normal collection work.
5. Other major risk matters.
(2) Relevant industry self-regulatory organizations shall transfer financial institutions and third-party collection machines
The above-mentioned incidents shall be reported to the relevant financial management departments on a regular basis or in a timely manner, as appropriate.
Article 25: Mechanisms for collaborative self-discipline work
The financial industry and communications industry associations should strengthen cooperation under the guidance of relevant competent departments, establish a collaborative and self-discipline working mechanism, and jointly promote the management of garbage information in the collection business.
Financial industry associations shall establish a list database system for financial institutions and third-party collection agencies that carry out collection operations. Communications industry associations shall establish a list database system for operators that provide collection business communication services. The two sides share the information of the list database, and jointly promote the supply and demand side of the collection business communication service to establish a cooperative relationship in the list database in accordance with the principle of marketization. The telephone, SMS and other communication tools used in the collection business should be traceable to both the supply and demand of communication services.
Article 26 Business Information Sharing
Relevant industry self-regulatory organizations shall organize the formulation of the scope, standards, reporting and use requirements for information sharing such as collection business, as well as the joining conditions, procedures, rights and obligations of participating institutions, etc., to promote the sharing of information on collection business.
Article 27: Jointly respond to the harm caused by the black ash industry
Relevant industry self-regulatory organizations should organize the industry to jointly respond to the harm caused by the anti-collection alliance and professional anti-collection and other black and gray industries, conduct in-depth investigation and research, analyze the causes of the anti-collection alliance and professional anti-collection and other black and gray industries, formulate solutions and measures and promote the implementation of the industry, and when necessary, form policy recommendations and report to relevant national departments such as financial management, industry and information technology, public security, justice, and network information.
Chapter VIII: Supplementary Provisions
Article 28 The Internet Finance Association of China and the relevant financial and communications industry associations shall be responsible for the interpretation of these Guidelines.
Article 29: These Guidelines shall come into force on the date of promulgation.
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