Anti-Telecom and Online Fraud Law of the People's Republic of China
Anti-Telecom and Online Fraud Law of the People's Republic of China
Anti-Telecom and Online Fraud Law of the People's Republic of China
Order of the President of the People's Republic of China No. 119
September 2, 2022
The Anti-Telecom and Online Fraud Law of the People's Republic of China, which has been adopted at the 36th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022, is hereby promulgated and shall become effective from December 1, 2022.
Xi Jinping, President of the People's Republic of China
Anti-Telecom and Online Fraud Law of the People's Republic of China
(Adopted at the 36th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022)
Contents
Chapter I General Provisions
Chapter II Telecom Governance
Chapter III Financial Governance
Chapter IV Cyberspace Governance
Chapter V Comprehensive Measures
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China, with a view to preventing, curbing, and punishing telecommunications ("telecom") and online fraud activities, strengthening the anti-telecom and online fraud efforts, protecting the legitimate rights and interests of citizens and organizations, and safeguarding social stability and national security.
Article 2 For the purpose of this Law, telecom and online fraud refers to the behavior of fraudulently obtaining any public or private property in a remote or non-contact manner by means of telecom and network technologies for the purpose of illegal possession.
Article 3 This Law shall apply to the efforts to combat telecom and online fraud activities carried out within the territory of the People's Republic of China or those carried out by citizens of the People's Republic of China overseas.
Overseas organizations and individuals who carry out telecom and online fraud activities within the territory of the People's Republic of China or those who provide others with product, service, or other assistances for carrying out telecom and online fraud activities within the territory of the People's Republic of China shall be subject to measures and held liable in accordance with this Law.
Article 4 The anti-telecom and online fraud work shall adhere to a people-centered principle, and coordinate both development and security; adhere to a system concept and the rule of law, and focus on governance from the source and comprehensive governance; adhere to concerted efforts, call for mass prevention and treatment, fully implement all punishment, prevention, management, and control measures, and enhance publicity and education; adhere to targeted governance, guarantee normal production and operation activities, and ensure convenience for people's life.
Article 5 Anti-telecom and online fraud work shall be conducted lawfully to safeguard the legitimate rights and interests of citizens and organizations.
Relevant departments, entities, and individuals shall keep confidential the state secrets, trade secrets, personal privacy, and personal information they learn during the anti-telecom and online fraud work.
Article 6 The State Council shall establish an anti-telecom and online fraud working mechanism to coordinate the crackdown and governance work.
Local people's governments at all levels shall organize and lead the anti-telecom and online fraud work within their respective administrative regions, determine the targets, tasks, and mechanisms for anti-telecom and online fraud work, and carry out comprehensive governance. The public security organs shall take the lead in the anti-telecom and online fraud work, and the departments of finance, telecom, cyberspace administration, and market regulation and other relevant departments shall assume the primary responsibilities for regulation in accordance with their duties and shall be responsible for the anti-telecom and online fraud work in their respective industry fields. The people's courts and the people's procuratorates shall fulfill their trial and procuratorial functions to prevent and punish telecom and online fraud in accordance with the law.
Telecom business operators, banking financial institutions, non-bank payment institutions, and internet service providers shall assume the responsibilities for risk prevention and control, establish an internal control mechanism for anti-telecom and online fraud work as well as a safety accountability system, and strengthen the security assessment of the fraud risk in their new businesses.
Article 7 Relevant departments and entities shall carry out close coordination in the anti-telecom and online fraud work, realize cross-industry and cross-regional cooperation and rapid linkage, strengthen the building of professional teams, and effectively combat and punish telecom and online fraud activities.
Article 8 People's governments at all levels and relevant departments shall strengthen anti-telecom and online fraud publicity, popularize relevant laws and knowledge, and raise the people's awareness and capabilities in guarding against and identifying various forms of telecom and online fraud.
The departments of education administration, market regulation and civil affairs, other relevant departments, villagers' committees, and residents' committees shall, in light of the distribution and other characteristics of the victims of telecom and online fraud, strengthen publicity and education for the elderly, adolescents and other groups, and make the anti-telecom and online fraud publicity and education more targeted and precise, and roll out the anti-telecom and online fraud publicity and education in schools, enterprises, communities, rural areas, and families.
All entities shall strengthen their internal efforts to prevent telecom and online fraud, and provide education on the prevention of telecom and online fraud for their staff; individuals shall strengthen their awareness in preventing telecom and online fraud.Entities and individuals shall assist and cooperate with relevant departments in carrying out anti-telecom and online fraud in accordance with this Law.
Chapter II Telecom Governance
Article 9 Telecom business operators shall fully implement the real-identity registration system for telephone users pursuant to the law.
Basic telecom enterprises and mobile communication resale enterprises shall assume the management responsibility for their agents' implementation of the real-name system for telephone users, and specify in the agreement their agents' responsibilities for implementing real-name registration system and relevant handling measures against violation.
Article 10 The number of telephone cards shall not exceed the number limited by relevant state regulations.
If any abnormal card application circumstance is identified, a telecom business operator shall have the right to tighten the verification or reject the card application.The specific identification method shall be formulated by the competent telecom authority of the State Council.
The competent telecom authority of the State Council shall organize the establishment of a verification mechanism for the number of cards issued to a telephone user and a risk information sharing mechanism, and provide convenient channels for users to inquire about the telephone card information under their names.
Article 11 Telecom business operators shall conduct another real-name verification for the fraud-related abnormal phone card users identified by monitoring, and adopt differentiated and corresponding verification measures according to the risk level.For those who fail to complete the verification as required or fail to pass the verification, telecom business operators may limit or suspend the relevant functions of their telephone cards.
Article 12 Telecom business operators shall establish a risk assessment system for Internet of Things ("IoT") card users, and shall not sell IoT cards to those who fail to pass the assessment; telecom business operators shall strictly register the identity information of the IoT card users; and take effective technical measures to limit the activation functions, use scenarios and applicableequipment for IoT cards.
Where an entity user purchases an IoT card from a telecom business operator and then sells the device carrying the IoT card to other users, it shall verify and register the users' identity information, and report the sales volume, stock and users' real-name information to the telecom business operator to which the card number belongs.
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Order of the President of the People's Republic of China No. 119
September 2, 2022
The Anti-Telecom and Online Fraud Law of the People's Republic of China, which has been adopted at the 36th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022, is hereby promulgated and shall become effective from December 1, 2022.
Xi Jinping, President of the People's Republic of China
Anti-Telecom and Online Fraud Law of the People's Republic of China
(Adopted at the 36th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on September 2, 2022)
Contents
Chapter I General Provisions
Chapter II Telecom Governance
Chapter III Financial Governance
Chapter IV Cyberspace Governance
Chapter V Comprehensive Measures
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China, with a view to preventing, curbing, and punishing telecommunications ("telecom") and online fraud activities, strengthening the anti-telecom and online fraud efforts, protecting the legitimate rights and interests of citizens and organizations, and safeguarding social stability and national security.
Article 2 For the purpose of this Law, telecom and online fraud refers to the behavior of fraudulently obtaining any public or private property in a remote or non-contact manner by means of telecom and network technologies for the purpose of illegal possession.
Article 3 This Law shall apply to the efforts to combat telecom and online fraud activities carried out within the territory of the People's Republic of China or those carried out by citizens of the People's Republic of China overseas.
Overseas organizations and individuals who carry out telecom and online fraud activities within the territory of the People's Republic of China or those who provide others with product, service, or other assistances for carrying out telecom and online fraud activities within the territory of the People's Republic of China shall be subject to measures and held liable in accordance with this Law.
Article 4 The anti-telecom and online fraud work shall adhere to a people-centered principle, and coordinate both development and security; adhere to a system concept and the rule of law, and focus on governance from the source and comprehensive governance; adhere to concerted efforts, call for mass prevention and treatment, fully implement all punishment, prevention, management, and control measures, and enhance publicity and education; adhere to targeted governance, guarantee normal production and operation activities, and ensure convenience for people's life.
Article 5 Anti-telecom and online fraud work shall be conducted lawfully to safeguard the legitimate rights and interests of citizens and organizations.
Relevant departments, entities, and individuals shall keep confidential the state secrets, trade secrets, personal privacy, and personal information they learn during the anti-telecom and online fraud work.
Article 6 The State Council shall establish an anti-telecom and online fraud working mechanism to coordinate the crackdown and governance work.
Local people's governments at all levels shall organize and lead the anti-telecom and online fraud work within their respective administrative regions, determine the targets, tasks, and mechanisms for anti-telecom and online fraud work, and carry out comprehensive governance. The public security organs shall take the lead in the anti-telecom and online fraud work, and the departments of finance, telecom, cyberspace administration, and market regulation and other relevant departments shall assume the primary responsibilities for regulation in accordance with their duties and shall be responsible for the anti-telecom and online fraud work in their respective industry fields. The people's courts and the people's procuratorates shall fulfill their trial and procuratorial functions to prevent and punish telecom and online fraud in accordance with the law.
Telecom business operators, banking financial institutions, non-bank payment institutions, and internet service providers shall assume the responsibilities for risk prevention and control, establish an internal control mechanism for anti-telecom and online fraud work as well as a safety accountability system, and strengthen the security assessment of the fraud risk in their new businesses.
Article 7 Relevant departments and entities shall carry out close coordination in the anti-telecom and online fraud work, realize cross-industry and cross-regional cooperation and rapid linkage, strengthen the building of professional teams, and effectively combat and punish telecom and online fraud activities.
Article 8 People's governments at all levels and relevant departments shall strengthen anti-telecom and online fraud publicity, popularize relevant laws and knowledge, and raise the people's awareness and capabilities in guarding against and identifying various forms of telecom and online fraud.
The departments of education administration, market regulation and civil affairs, other relevant departments, villagers' committees, and residents' committees shall, in light of the distribution and other characteristics of the victims of telecom and online fraud, strengthen publicity and education for the elderly, adolescents and other groups, and make the anti-telecom and online fraud publicity and education more targeted and precise, and roll out the anti-telecom and online fraud publicity and education in schools, enterprises, communities, rural areas, and families.
All entities shall strengthen their internal efforts to prevent telecom and online fraud, and provide education on the prevention of telecom and online fraud for their staff; individuals shall strengthen their awareness in preventing telecom and online fraud.Entities and individuals shall assist and cooperate with relevant departments in carrying out anti-telecom and online fraud in accordance with this Law.
Chapter II Telecom Governance
Article 9 Telecom business operators shall fully implement the real-identity registration system for telephone users pursuant to the law.
Basic telecom enterprises and mobile communication resale enterprises shall assume the management responsibility for their agents' implementation of the real-name system for telephone users, and specify in the agreement their agents' responsibilities for implementing real-name registration system and relevant handling measures against violation.
Article 10 The number of telephone cards shall not exceed the number limited by relevant state regulations.
If any abnormal card application circumstance is identified, a telecom business operator shall have the right to tighten the verification or reject the card application.The specific identification method shall be formulated by the competent telecom authority of the State Council.
The competent telecom authority of the State Council shall organize the establishment of a verification mechanism for the number of cards issued to a telephone user and a risk information sharing mechanism, and provide convenient channels for users to inquire about the telephone card information under their names.
Article 11 Telecom business operators shall conduct another real-name verification for the fraud-related abnormal phone card users identified by monitoring, and adopt differentiated and corresponding verification measures according to the risk level.For those who fail to complete the verification as required or fail to pass the verification, telecom business operators may limit or suspend the relevant functions of their telephone cards.
Article 12 Telecom business operators shall establish a risk assessment system for Internet of Things ("IoT") card users, and shall not sell IoT cards to those who fail to pass the assessment; telecom business operators shall strictly register the identity information of the IoT card users; and take effective technical measures to limit the activation functions, use scenarios and applicableequipment for IoT cards.
Where an entity user purchases an IoT card from a telecom business operator and then sells the device carrying the IoT card to other users, it shall verify and register the users' identity information, and report the sales volume, stock and users' real-name information to the telecom business operator to which the card number belongs.
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