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18521536308The Anti-Wire Fraud Law of the People's Republic of China
2022-06-25
（版权声明：《中华人民共和国反电信网络诈骗法》英文版译著由上海金律团翻译有限公司的张佳奇律师、李恒律师合作完成。未经本公司许可，不得擅自传播！）
The Anti-Wire Fraud Law of the People's Republic of China
(published by Kindle Unlimited)
Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China in order to prevent, contain, and crack down on Wire Frauds and improve the anti-Wire Fraud work to protect the legitimate rights and interests of the citizens and entities, maintain social stability, and safeguard national security of the People's Republic of China (the "PRC").
Article 2 For the purpose of this Law, "Wire Fraud" refers to any act of defrauding public entities or individuals of their property for the purpose of illegal possession through remote and non-contact means by using telecommunications or Internet technology.
Article 3 This Law shall be applicable to Wire Frauds committed within the Territory of the PRC (the "Territory") by any person or outside the Territory by any PRC citizen.
This Law shall also be applicable to Wire Frauds committed against any entity or individual within the Territory by any entity or individual outside the Territory or the provision of products, services, or other assistance for Wire Frauds committed against any entity or individual within the Territory.
Article 4 The anti-Wire Fraud work shall follow the principles of promoting development and security on an overall basis with the focus on protecting the rights and interests of the people; guidance by the systemic ideology and the rule of law; highlighting source governance and comprehensive governance; joint efforts in fully implementing various measures and extensive social publicity and education to crack down on, prevent, manage, and control Wire Frauds; and targeted prevention and control to ensure the normal production and operation activities and the convenience of the people's livelihoods.
Article 5 The anti-Wire Fraud work shall be conducted according to law, and the legitimate rights and interests of the citizens and entities shall be safeguarded.
The competent authorities, entities, and individuals shall keep confidential the state secrets, business secrets, personal privacy, and personal information that they have become aware of in their anti-Wire Fraud work.
Article 6 The State Council shall establish an anti-Wire Fraud working mechanism, which shall be responsible for coordinated crackdown and governance on an overall basis.
The local people's governments at all levels shall organize and lead the anti-Wire Fraud work in their respective administrative jurisdictions, define their objectives, tasks, and working mechanisms, and engage in comprehensive governance.
The public security authorities shall be responsible for making arrangements for the anti-Wire Fraud work, and the financial, telecommunications, cyberspace, and market supervisory authorities shall perform the duties as regulators within their respective powers and authorities and be responsible for the anti-Wire Fraud work in their respective industries.
The people's courts and the people’s procuratorates shall perform judicial and procuratorial functions, respectively, to prevent and crack down on Wire Frauds according to law.
Telecommunications operators, banking financial institutions, non-bank payment institutions, and Internet service providers shall be responsible for risk prevention and control, establish internal control mechanisms and security accountability systems for anti-Wire Fraud work, and strictly perform security assessment of Wire Fraud risks in their new businesses.
Article 7 The competent authorities and entities shall work closely with each other in the anti-Wire Fraud work for cross-industrial and cross-jurisdictional coordination and cooperation and rapid joint response and improve the development of their professional teams to effectively crack down on and control Wire Frauds.
Article 8 The people's governments and competent authorities at all levels shall use their best efforts in anti-Wire Fraud publicity to popularize the laws applicable to and knowledge of Wire Frauds to enhance the anti-Wire Fraud awareness of the general public and their ability to recognize various types of Wire Frauds.
Based on the characteristics of the distribution of Wire Fraud victims, the educational, market supervisory, and civil affairs authorities, and villagers' committees and urban residents' committees shall improve anti-Wire Fraud publicity and education among the elderly and teenage groups in a targeted and precise manner and launch anti-Wire Fraud publicity and education campaigns in schools, companies, neighborhoods, villages, and households.
Entities shall use their best efforts to improve their anti-Wire Fraud work and provide their employees with anti-Wire Fraud education and training. Individuals shall enhance their anti-Wire Fraud awareness. Entities and individuals shall assist and cooperate with competent authorities in their anti-Wire Fraud work in accordance with the provisions of this Law.
Article 9 Telecommunications operators shall fully implement the real-name registration system for telephone users according to law.
Basic telecommunications operators and mobile communications resellers shall be responsible for administering their agents' implementation of the real-name registration system for telephone users and clearly specify their agents' duties to implement the system and the penalties for their breach of the duties in the agency agreements.
Article 10 The number of phone cards to be granted to any person shall be subject to the limit specified by the applicable provisions of the State.
The Anti-Wire Fraud Law of the People's Republic of China
(published by Kindle Unlimited)
(Adopted at the 36th Session of the 13th National People's Congress Standing Committee on September 2, 2022)
Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China in order to prevent, contain, and crack down on Wire Frauds and improve the anti-Wire Fraud work to protect the legitimate rights and interests of the citizens and entities, maintain social stability, and safeguard national security of the People's Republic of China (the "PRC").
Article 2 For the purpose of this Law, "Wire Fraud" refers to any act of defrauding public entities or individuals of their property for the purpose of illegal possession through remote and non-contact means by using telecommunications or Internet technology.
Article 3 This Law shall be applicable to Wire Frauds committed within the Territory of the PRC (the "Territory") by any person or outside the Territory by any PRC citizen.
This Law shall also be applicable to Wire Frauds committed against any entity or individual within the Territory by any entity or individual outside the Territory or the provision of products, services, or other assistance for Wire Frauds committed against any entity or individual within the Territory.
Article 4 The anti-Wire Fraud work shall follow the principles of promoting development and security on an overall basis with the focus on protecting the rights and interests of the people; guidance by the systemic ideology and the rule of law; highlighting source governance and comprehensive governance; joint efforts in fully implementing various measures and extensive social publicity and education to crack down on, prevent, manage, and control Wire Frauds; and targeted prevention and control to ensure the normal production and operation activities and the convenience of the people's livelihoods.
Article 5 The anti-Wire Fraud work shall be conducted according to law, and the legitimate rights and interests of the citizens and entities shall be safeguarded.
The competent authorities, entities, and individuals shall keep confidential the state secrets, business secrets, personal privacy, and personal information that they have become aware of in their anti-Wire Fraud work.
Article 6 The State Council shall establish an anti-Wire Fraud working mechanism, which shall be responsible for coordinated crackdown and governance on an overall basis.
The local people's governments at all levels shall organize and lead the anti-Wire Fraud work in their respective administrative jurisdictions, define their objectives, tasks, and working mechanisms, and engage in comprehensive governance.
The public security authorities shall be responsible for making arrangements for the anti-Wire Fraud work, and the financial, telecommunications, cyberspace, and market supervisory authorities shall perform the duties as regulators within their respective powers and authorities and be responsible for the anti-Wire Fraud work in their respective industries.
The people's courts and the people’s procuratorates shall perform judicial and procuratorial functions, respectively, to prevent and crack down on Wire Frauds according to law.
Telecommunications operators, banking financial institutions, non-bank payment institutions, and Internet service providers shall be responsible for risk prevention and control, establish internal control mechanisms and security accountability systems for anti-Wire Fraud work, and strictly perform security assessment of Wire Fraud risks in their new businesses.
Article 7 The competent authorities and entities shall work closely with each other in the anti-Wire Fraud work for cross-industrial and cross-jurisdictional coordination and cooperation and rapid joint response and improve the development of their professional teams to effectively crack down on and control Wire Frauds.
Article 8 The people's governments and competent authorities at all levels shall use their best efforts in anti-Wire Fraud publicity to popularize the laws applicable to and knowledge of Wire Frauds to enhance the anti-Wire Fraud awareness of the general public and their ability to recognize various types of Wire Frauds.
Based on the characteristics of the distribution of Wire Fraud victims, the educational, market supervisory, and civil affairs authorities, and villagers' committees and urban residents' committees shall improve anti-Wire Fraud publicity and education among the elderly and teenage groups in a targeted and precise manner and launch anti-Wire Fraud publicity and education campaigns in schools, companies, neighborhoods, villages, and households.
Entities shall use their best efforts to improve their anti-Wire Fraud work and provide their employees with anti-Wire Fraud education and training. Individuals shall enhance their anti-Wire Fraud awareness. Entities and individuals shall assist and cooperate with competent authorities in their anti-Wire Fraud work in accordance with the provisions of this Law.
Article 9 Telecommunications operators shall fully implement the real-name registration system for telephone users according to law.
Basic telecommunications operators and mobile communications resellers shall be responsible for administering their agents' implementation of the real-name registration system for telephone users and clearly specify their agents' duties to implement the system and the penalties for their breach of the duties in the agency agreements.
Article 10 The number of phone cards to be granted to any person shall be subject to the limit specified by the applicable provisions of the State.
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