Promulgation Date: 2022-9-2 Title: 中华人民共和国反电信网络诈骗法 Document Number: Expiration date: Promulgating Entities:Standing Committee of the National People's Congress Source of text: http://www.npc.gov.cn/npc/c30834/202209/faadac81d2e94aa0bd7574efc9862cd0.shtml English Language overview of this law is available from NPC Observer (external link):
Chapter I: General Provisions
Article 1: This law is formulated on the basis of the Consitution so as to prevent, curb, and correct telecommunication network fraud, strengthen efforts to counter telecommunication network fraud, protect the lawful rights and interests of citizens and organizations, and preserve social stability and national security.
Article 2: "Telecommunication network fraud" as used in this law refers to conduct using telecommunication network technology means to take public or private property by fraud through remote and contactless methods for the purpose of taking illegal possession.
Article 3: This law applies to combatting and correcting telecommunication network fraud that is either carried out in the mainland territory of the People's Republic of China or carried out by citizens of the People's Republic of China outside the mainland territory.
Where foreign organizations and individuals carry out telecommunication network fraud targetting the mainland territory of the People's Republic of China, or provide assistance such as products and services for others carrying out telecommunication network fraud targetting the mainland territory, it is be addressed and have responsibility pursued in accordance with the relevant provisions of this Law.
Article 4: Efforts to counter telecommunication network fraud are to persist in being people-centered, coordinating development and security; adhere to systemic conception and rule of thinking, emphasize governance at the source and comprehensive governance, persist in concerted efforts with prevention and governance by the public themselves, fully implementing each measure for the struggle, prevention, management, and control; strengthening societal publicity, education, and vigilance; and persisting in accurate prevention and control, to safeguard normal production and business activities and facilitation of the people's lives.
Article 5: Efforts to combat telecommunication network fraud shall be conducted in accordance with law and preserve the lawful rights and interests of citizens and organizations.
Relevant departments, units, and individuals shall preserve the confidentiality of the state secrets, commercial secrets, and personal private information that they learn of in the course of efforts to counter telecommunication network fraud.
Article 6: The State Council is to establish a working mechanism for countering telecommunication network fraud, to plan and coordinate efforts to combat and correct it.
All levels of local people's governments are to organize and lead efforts to counter telecommunication network fraud in the corresponding administrative region, determine target tasks and work mechanisms for countering telecommunication network fraud, and carry out comprehensive governance.
The public security organs are to lead the way in taking responsibility for efforts to combat telecommunication network fraud, and relevant departments such as for finance, telecommunications, internet information, and market administration are to take primary responsibility for performing regulation in accordance with their duties and be responsible for efforts to fight telecommunication network fraud in the corresponding industry or field.
The people's courts and people's procuratorates are to give play to their functions in adjudication and inspection to prevent and punish telecommunication network fraud in accordance with law.
Telecommunications operators, banking financial institutions, non-banking payment bodies, and internet service providers are to take responsibility for risk prevention and control, establishing internal mechanisms and security systems for countering telecommunication network fraud, and strengthening security assessments on the risk of fraud in new operations.
Article 7: Relevant departments and units shall closely cooperate in efforts to counter telecommunication network fraud, to achieve coordination, cooperation, and rapid joint action across industries and regions, and strengthen the establishment of specialized teams to effectively combat and govern telecommunication network fraud.
Article 8: All levels of people's government and relevant departments shall strengthen publicity on countering telecommunication network fraud, spreading the relevant laws and knowledge, to increase the public's awareness in preventing all means of telecommunication network fraud and the ability to recognize fraud.
Relevant departments such as for the administration of education, market administration, and civil affairs, as well as villagers' committees and residents' committees shall consider the distribution and other characteristics of groups victimized by telecommunication network fraud, and strengthen publicity and education for groups such as the elderly and young, make publicity and education more targetted and precise, and carry out publicity and education activities on telecommunication network fraud at schools, enterprises, communities, villages, and homes.
All units shall strengthen internal efforts on preventing telecommunication network fraud and carry out education for staff on preventing telecommunication network fraud; individuals shall strengthen awareness of preventing telecommunication network fraud. Units and individuals shall coordinate and cooperate with relevant departments to carry out efforts to counter telecommunication network fraud in accordance with this law.
Chapter II: Telecommunications Governance
Article 9: Telecommunications operators shall fully implement a true identity registration system for all telephone users in accordance with law.
Basic level telecommunications enterprises and mobile communications resale enterprises shall take responsibility for business agents' implementation of the real name management for telephone users, and indicate the agents' responsibilities for real-name registration in agreements, as well as the measures for addressing breaches.
Article 10: The number of telephone cards handled shall not exceed the limit set by the relevant state provisions.
Where situations of irregular card handling are identified, telecommunications operators have the right to strengthen verification or refuse to process cards. The specific identification measures are to be formulated by the State Council's department in charge of telecommunications.
The State Council department in charge of telecommunications is to organize the establishment of mechanisms for checking the number of cards opened by telephone users and mechanisms for sharing information on risks and provide convenient channels for users to make inquiries into information on telephone cards in their name.
Article 11: Telecommunications operators shall conduct a new real name verification of telephone card users that are identified as involved in fraud through monitoring, and employ differentiated and corresponding measures to verify them based on the level of risk. Where they are not verified in accordance with provisions or do not pass the verification, the telecommunications operators may limit or stop the functions of the related telephone cards.
Article 12: Telecommunications operators are to establish a risk assessment system for internet of things card users, and where the assessment is not passed, internet of things cards must not be sold to them; strictly register the identity information of internet of things card users; and employ effective technological measures to prescribe limits for internet of things [IoT] cards turning on of functions, usage scenarios, and applicable equipment.
Where users that are units who purchased IOTcards from telecommunications operators sell equipment with the IoT cards to other users, they shall verify and register the user's identification information and send the volume sold, volume stored, and users' real-name information to the telecommunications operators to whom the number belongs.
Telecommunications operators are to establish monitoring and early warning mechanisms for the use of IoT cards. Where there are situations of irregular use, they shall suspend services, newly verify identification and usage scenarios, or take other measures to address it as agreed to in contracts.
Article 13: Telecommunications operators shall regulate the transfer of real calling numbers and the rental of telecommunications lines, to block, intercept, and trace the source of changed numbers.
telecommunications operators shall strictly regulate the transfer of calling numbers by international communications access points, truthfully and accurately display to users the country or region to which the number belongs, and identify and intercept fake or irregular calling numbers both within and between networks.
Article 14: The following equipment and software must not be illegally produced, bought, sold, provided, or used by any units or individuals:
(1) Bulk insertion equipment for calling cards;
(2) Equipment or software with functions such as for changing the calling number, virtual dialing, and having internet phones illegally access public telecommunications networks;
(3) Automatic switching systems for bulk accounts or network addresses or platforms for bulk receipt and provision of text or voice verifications;
(4) Other equipment and software used to carry out telecommunication network fraud or other violations and crimes.
Telecommunications operators and internet service providers shall employ technical measures to promptly identify and block network access for the illegal equipment and software provided for in the preceding paragraph, and report it to the public security organs and the departments in charge of the relevant industry.
Chapter III: Finance Governance
Article 15: Banking financial institutions and non-bank payment bodies that open banking or payment accounts for clients or provide payment clearance services shall establish client due diligence systems for the duration of their relationship with the clients, identifying beneficiaries in accordance with law and employing relevant risk management measures to prevent the banking or payment account from being used for telecommunication network fraud.
Article 16: The number of banking or payment accounts opened must not exceed the limit set by the relevant state provisions.
Where irregularities are identified, banking financial institutions and non-bank payment bodies have the right to strengthen verification or refuse to open accounts.
The People's Bank of China and the State Council body for the oversight and management of the banking industry are to organize relevant clearance bodies to establish inter-institutional mechanisms for verifying the number of accounts and mechanisms for sharing risk information and provide convenient channels for clients to make inquiries into the bank and payment accounts in their name. Banking financial institutions and non-bank payment bodies shall provide information on account openings and related risks in accordance with relevant state provisions. The relevant information must not be used for purposes other than countering telecommunication network fraud.
Article 17: Banking financial institutions and non-bank payment bodies shall establish risk prevention and control mechanisms for enterprise accounts with irregular circumstances. Relevant departments such as for finance, telecommunications, market administration, and taxation shall establish a system for information sharing and inquiries into enterprise accounts, providing united verification services.
Market entity registration organs shall perform identification information verification duties for enterprises' real-name registration in accordance with law; conduct oversight inspections on registration matters in accordance with provisions, and key oversight inspections for enterprises that might have false registrations or irregularities suspected of involvement with fraud, and where revoking registration, promptly share the information in accordance with the preceding paragraph; and facilitate banking financial institutions and non-bank payment bodies' client due diligence and identification of the beneficial owners in accordance with law,
Article 18: Banking financial institutions and non-bank payment bodies shall strengthen monitoring of payment clearance services for banking and payment accounts, and establish and improve monitoring mechanisms for irregular accounts that have the traits of telecommunication network fraud and for suspicious transactions.
The People's Bank of China is to coordinate the establishment of a unified monitoring system to counter money laundering across banking financial institutions and non-bank payment bodies and collaborate with the State Council public security department to improve reporting systems for transactions suspected of being money laundering that are suited for the characteristics of cash flow in telecommunication network fraud.
Based on the risks banking financial institutions and non-bank payment bodies shall employ necessary prevention measures such as verifying transactions, newly verifying identification, delaying payment clearance, and limiting or suspending related operations for irregular accounts and suspicious transactions identified through monitoring,
Banking financial institutions and non-bank payment bodies may collect necessary information on transactions and the location of equipment such as irregular client IP addresses, MAC addresses, and payment acceptance terminal information when conducting monitoring of irregular accounts and suspicious transactions in accordance with paragraph 1. Without authorization from the client, the information above must not be used for purposes other than countering telecommunication network fraud.
Article 19: Banking financial institutions and non-bank payment bodies shall completely and accurately transfer transaction information for goods and services they directly provide, such as the business names and names and account numbers of customers giving and receiving payments, and ensure the truthfulness and completeness of transaction information and its consistency throughout the full payment process.
Article 20: In conjunction with relevant departments, the State Council department for public security is to establish and improve systems for instant inquiries into assets involved in cases of telecommunication network fraud, emergency payment holds, rapid freezing, and prompt release from freezing and return of funds, and clarify the relevant requirements, procedures, and remedy measures.
Where public security organs lawfully decide to employ the measures above, banking financial institutions and non-bank payment bodies shall cooperate.
Chapter IV: Internet Governance
Article 21: Telecommunications operators and internet service providers that provide users with the following services shall require the clients to provide true identity information in accordance with law when signing agreements with the users or confirming the provision of services, and where the users do not provide true identity information, the services must not be provided:
(1) Provision of internet access services;
(2) providing network address translation services such as network proxies;
(3) Providing internet domain name registration, server hosting, space rentals, cloud services, or content publication services;
(4) Providing information or software publication services or providing instant messaging, online transactions, online games, web-casting, or advertising and promotion services.
Article 22: internet service providers shall newly verify irregular accounts suspected of fraud that are identified through monitoring, and employ measures to address them such as restricting functions or suspending services on the basis of relevant state provisions.
Based on the requirements of the public security organs and telecommunications departments, internet service providers shall conduct a verification of all internet accounts with registrations linked to telephone cards involved in cases and irregular phone cards involved in fraud, and employ measures to address them based on the risk, such as making corrections in a set period of time, limiting functions, suspending use, closing accounts, and prohibiting new registration.
Article 23: Permitting or filing formalities shall be handled with the telecommunications departments in accordance with relevant state provisions in establishing mobile internet applications.
Where providing packaging or distribution services for applications, the application development operators' true identity information shall be registered and verified, and the applications' functions and uses shall be verified.
Departments such as for public security, telecommunications, and internet information, as well as telecommunications operators and internet service providers, shall strengthen the key monitoring and prompt handling of applications suspected of fraud that are downloaded or transmitted through channels other than distribution platforms.
Article 24: Where providing domain name resolution, domain hopping, website link conversion services, the truth and accuracy of the domain name registry, parsing information, and IP address shall be verified; domain hopping regulated, and all log information on the provision of related services shall be recorded and stored, to support the tracing of resolution, hopping, and conversion records.
Article 25: The following support and assistance must not be provided to others committing telecommunication network fraud by any units or individuals:
(1) The sale or provision of personal information;
(2) Assisting others in laundering money through means such as transactions in virtual currencies;
(3) Providing other acts of support and assistance of telecommunication network fraud;
Telecommunications operators and internet service providers shall perform a reasonable duty of care in accordance with relevant state provisions to conduct monitoring, identification, and handling of support and assistance of suspected fraud using the following operations:
(1) Providing internet access, server hosting, online storage, instant messaging, line rental, domain name resolution, and other such online resources and services;
(2) Providing information publication or searches, advertising and promotions, traffic promotion, and other online promotional services;
(3) Providing production and maintenance services for online technology and products such as applications and websites;
(4) Providing payment clearance services;
Article 26: Where public security organs handling telecommunication network fraud cases collect evidence in accordance with law, internet service providers shall promptly provide technical support and assistance.
Where internet service providers discover leads or risk information on violations or crimes involving fraud while monitoring information and activities involved in fraud in accordance with this Law, they shall transfer it to departments such as for public security, finance, telecommunications, and internet information based on the type and degree of risk involving fraud. relevant departments shall establish and improve feedback mechanisms, to promptly notify transferring units of relevant circumstances.
Chapter V: Comprehensive Measures
Article 27: The public security organs shall establish and improve working mechanisms for combatting and governing telecommunication network fraud, strengthening the establishment of specialized teams and technology; all types of police and public security organs of all regions shall closely cooperate to effectively punish telecommunication network fraud in accordance with law.
Where public security organs receive reports about or discover telecommunication network fraud, they shall open a case and investigate it in accordance with the Criminal Procedure Law of the PRC.
Article 28: In accordance with their duties, the finance, telecommunications, and internet information departments are to conduct oversight inspections of the implementation of this law by banking financial institutions, non-bank payment bodies, telecommunications operators, and internet service providers. Oversight inspection activities shall be carried out in accordance with law.
Article 29: In accordance with the Personal Information Protection Law of the PRC and other laws and regulations, Personal information handlers shall regulate the handling of personal information, strengthen the protection of personal information, and establish mechanisms to prevent the use of personal information in telecommunication network fraud.
Departments and units performing duties to protect personal information are to carry out key protection for information such as logistics information, transaction information, debt information, medical information, and dating service information that might be used in telecommunication network fraud. Public security organs handling cases of telecommunication network fraud shall concurrently check the source of personal information used in the crime, and pursue the responsibility of the relevant persons and units in accordance with law.
Article 30: Telecommunications operators, banking financial institutions, non-bank payment bodies, and internet service providers shall carry out publicity on countering telecommunication network fraud for industry workers and users, give reminders on preventing telecommunication network fraud during related operational activities, promptly give alerts regarding new tactics for telecommunication network fraud in the corresponding sector, and give warnings about the legal responsibility for illegally buying, selling, leasing, or lending one's own cards, accounts, and so forth for use in telecommunication network fraud.
Units such as for news, radio, television, culture, and internet information services shall carry out targetted publicity and education on telecommunication network fraud for the public.
Every unit and individual has the right to report telecommunication network fraud, and relevant departments shall promptly handle them in accordance with law and give informants that provide effective information rewards and protection in accordance with law.
Article 31: Telephone cards, IoT cards, telecommunication lines, SMS ports, bank accounts, payment accounts, internet accounts, and the like must not be illegally bought, sold, rented, or lent by any unit or individual, and assistance with providing real name verification must not be provided; and others' identities must not be impersonated, or agency relationships faked, in order to open the cards and accounts above.
Units, individuals, and relevant organizations that have been designated by public security organs at the districted city level or above as having carried out the acts in the preceding paragraph, as well as persons who have received criminal penalties for engaging in telecommunication network fraud or related crimes, may have this recorded in their credit record and measures such as limiting the functions of related cards and accounts they have, suspending new operations, and limiting internet access may be employed. Where there are objections to the designations and measures above, an appeal may be raised; the relevant departments shall establish and complete channels for appeals, credit restoration, and remedial systems. The specific measures are to be formulated by the State Council's public security department in conjunction with relevant departments.
Article 32: The state is to support telecommunications operators, banking financial institutions, non-bank payment bodies, and internet service providers in researching and developing technology related to countering telecommunication network fraud, to be used in monitoring, identifying, dynamic sealing, and handling of irregular information and activities involving fraud.
The state council departments such as for public security, finance management, telecommunications, and the state internet information department shall coordinate and take responsibility for the construction of technological countermeasures in the corresponding field, advancing the sharing of sample information and data related to telecommunication network fraud, strengthen cross-checking and verification of user information involved in fraud, and establish mechanisms for monitoring, identification, dynamic sealing, and handling of irregular information and activity involving fraud.
Where measures such as restricting or suspending services are employed for irregular circumstances involving fraud in accordance with articles 11, 12, 18, and 22 or the preceding paragraph, notice shall be given of matters such as the reason for the disposition, remedial channels, and any materials that need to be submitted; the subject of the disposition may raise an appeal with the department or unit that made the decision or employed the measures. The department or unit that made the decision shall establish and improve channels for appeals, promptly accept appeals, and investigate to verify them; and where they are verified, the related measures shall be promptly lifted.
Article 33: The state is to advance the establishment of public services for online identity verification, and support individuals and enterprises in voluntarily using them; telecommunications operators, banking financial institutions, non-bank payment bodies, and internet service providers may conduct new verification of user identities for cards, bank accounts, payment accounts, and internet accounts with fraud-related irregularities through the state online identity verification public services.
Article 34: The public security organs shall collaborate with the departments for finance, telecommunications, and internet information to organize banking financial institutions, non-bank payment bodies, telecommunications operators, internet service providers, and so forth to establish early warning and dissuasion systems, employing appropriate dissuasion measures in light of the circumstances for potential victims discovered through early warnings. For cases of telecommunication network fraud, the recovery of losses shall be strengthened, and systems for disposing of funds involved in the case shall be improved to promptly return victims' lawful assets. Where victims suffering major difficulty in their lives meet the requirements for relevant state relief, the relevant parties are to grant relief in accordance with provisions.
Article 35: After a decision or approval from the State Council mechanism for efforts to counter telecommunication network fraud, the departments for public security, finance, telecommunications, and so forth may employ necessary temporary risk prevention measures in accordance with relevant state provisions for specified regions with serious telecommunication network fraud.
Article 36: For persons headed to regions with serious telecommunication network fraud, where there is a major suspicion that the travel outside the mainland is related to telecommunication network fraud, the immigration administration bodies may decide to not approve exit.
Public security organs at the districted city or above may decide to prohibit persons who have received criminal punishments for engaging in telecommunication network fraud from leaving the mainland for between 6 months to 3 years from the completion of their punishment based on the circumstances of the crime and as needed to prevent further crime and enforce the prohibition through the immigration management bodies.
Article 37: The State Council departments such as for public security are to collaborate with the foreign affairs departments to strengthen international law enforcement and judicial cooperation, establish effective measures for cooperation with relevant nations, regions, and international organizations; using methods such as carrying out international policing cooperation to raise the level of cooperation in areas such as information exchanges, investigation and collection of evidence, investigation and capture, and recovery of stolen property, to effectively combat and curb cross-border telecommunication network fraud.
Chapter VI: Legal Responsibility
Article 38: Where the organization, planning, implementation, or participation in telecommunication network fraud or provision of assistance for telecommunication network fraud constitutes a crime, criminal responsibility is to be pursued in accordance with law.
Where the conduct in the preceding paragraph does not constitute a crime, the public security organs are to give between 10 and 15 days [administrative] detention, confiscate unlawful gains, and give a fine of between 1 and 10 times the value of the unlawful gains; and where there are no unlawful gains or the unlawful gains are less than 10,000 RMB, a fine of up to 10,000 RMB is to be given.
Article 39:in any of the following circumstances where telecommunications operators violate the provisions of this law, the departments in charge are to order that corrections be made within a set period of time; and where the circumstances are more mild, give warnings, circulate criticism, or give a fine of between 50,000 and 500,000 RMB; where the circumstances are serious, give a fine of between 500,000 and 5,000,000 RMB, and the relevant departments may order a suspension of related operations or a suspension of operations for rectification, or cancel related operational permits or business licenses, and fine the directly responsible managers and other directly responsible personnel between 10,000 and 20,000 RMB.
(1) Failure to implement internal mechanisms to control telecommunication network fraud as determined by relevant state provisions;
(2) Failure to perform real name registration duties for telephone and IoT cards;
(3) Failure to perform duties to monitor, identify, and give early warnings on telephone and IoT cards, and on related dispositions;
(4) Failure to conduct risk assessments of IoT Cards, or failure to limit IoT cards' opening of functions, usage scenarios, and application equipment;
(5) Failure to employ measures to conduct monitoring and disposition of changed telephone numbers, fake calling numbers, or illegal equipment that has related functions.
Article 40: In any of the following circumstances where banking financial institutions or non-bank payment bodies violate the provisions of this law, the departments in charge are to order that corrections be made within a set period of time; and where the circumstances are more mild, give warnings, circulate criticism, or give a fine of between 50,000 and 500,000 RMB; where the circumstances are serious, give a fine of between 500,000 and 5,000,000 RMB, and the relevant departments may order that new operations not be added, a reduction of the types of operations or scope of operations, a suspension of related operations or a suspension of operations for rectification, or cancel related operational permits or business licenses, and fine the directly responsible managers and other directly responsible personnel between 10,000 and 20,000 RMB.
(1) Failure to implement internal mechanisms to control telecommunication network fraud as determined by relevant state provisions;
(2) Failure to perform obligations of due diligence and related risk management measures;
(3) Failure to perform risk monitoring and disposition duties related to irregular accounts and suspicious transactions;
(4) Failure to completely and accurately submit transaction information as provided.
Article 41: In any of the following circumstances where telecommunications operators or internet service providers violate the provisions of this law, the departments in charge are to order that corrections be made within a set period of time; and where the circumstances are more mild, give warnings, circulate criticism, or give a fine of between 50,000 and 500,000 RMB; where the circumstances are serious, give a fine of between 500,000 and 5,000,000 RMB, and the relevant departments may order a suspension of related operations or a suspension of operations for rectification, shut down websites or applications, or cancel related operational permits or business licenses, and fine the directly responsible managers and other directly responsible personnel between 10,000 and 20,000 RMB.
(1) Failure to implement internal mechanisms to control telecommunication network fraud as determined by relevant state provisions;
(2) Failure to perform duties in the real-name system for online services, or failure to conduct verification of internet accounts linked to phone cards involved in cases or fraud;
(3) Failure to verify the the truth and accuracy of the domain name registry, parsing information, and IP addresses; regulate domain hopping, or record and store all log information on the provision of related services;
(4) Failure to register and verify the true identity information of internet application developers and operators or to verify the functions and usage of applications, and providing them with packaging and distribution services;
(5) Failure to perform obligations to monitor, identify, and address internet accounts and applications involved in fraud, as well as other information and activities on telecommunication network fraud;
(6) Refusing to provide technical support and assistance in accordance with law for investigations of telecommunication network fraud crimes, or failure to transfer leads or risk information on telecommunication network fraud violations and crimes as provided.
Article 42: Where article 14 or the first paragraph of article 25 of this law are violated, confiscate unlawful gains, and the public security organs or competent departments are to give a fine of between 1 and 10 times the value of the unlawful gains; and where there are no unlawful gains or the unlawful gains are less than 50,000 RMB, a fine of up to 50,000 RMB is to be given, and where circumstances are serious, the public security organs are to concurrently give up to 15 days administrative detention.
Article 43: Where the second paragraph of article 25 is violated, the departments in charge are to order that corrections be made within a set period of time; and where the circumstances are more mild, give warnings, circulate criticism, or give a fine of between 50,000 and 500,000 RMB; where the circumstances are serious, give a fine of between 500,000 and 5,000,000 RMB, and the relevant departments may order a suspension of related operations or a suspension of operations for rectification, shut down websites or applications, and fine the directly responsible managers and other directly responsible personnel between 10,000 and 20,000 RMB.
Article 44: Where the first paragraph of article 31 of this law is violated, confiscate unlawful gains, and the public security organs are to give a fine of between 1 and 10 times the value of the unlawful gains; and where there are no unlawful gains or the unlawful gains are less than 20,000 RMB, a fine of up to 20,000 RMB is to be given, and where circumstances are serious, concurrently give up to 15 days administrative detention.
Article 45: Where the staff of departments or units related to efforts to counter telecommunication network fraud abuse their authority, derelict their duties, twist the law for personal gain, or have other conduct in violation of this law, and a crime is constituted, criminal responsibility is to be pursued in accordance with law.
Article 46: In addition to criminal and administrative responsibility, violators or criminals who organize, plan, carry out, or participate in telecommunication network fraud or provide assistance for telecommunication network fraud, bear civil responsibility for harms caused to others in accordance with the PRC Civil Code and other related laws.
Where telecommunications operators, banking financial institutions, non-bank payment bodies, internet service providers, and so fort violate this law and cause harm to others, they are to bear civil responsibility in accordance with PRC Civil Code and other related laws.
Article 47:The people's procuratorates may initiate public interest litigation with the people's courts in accordance with law regarding conduct that endangers the national interest and societal public interest which they discover while performing duties to counter telecommunication network fraud.
Article 48: Where relevant units or individuals are unsatisfied with a decision under this law to give administrative punishment or impose administrative compulsory measures, they may apply for an administrative reconsideration or raise an administrative lawsuit in accordance with law.
Chapter VII: Supplementary Provisions
Article 49: Where efforts to counter telecommunication network fraud involve related management and responsibility systems, and this law is silent, apply the provisions of related laws such as the PRC Cybersecurity Law, the PRC Personal Information Protection Law, and the PRC Law on Countering Money Laundering.
Article 50: This Law is to take effect on December 1, 2022.
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