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Background screening is slowly gaining popularity in China. The financial and technological sectors remain as some of the leading industries in which background checks have become more common. However, there are diverse legal and cultural considerations that companies should be aware of before implementing a background screening program in this particular country. This whitepaper will highlight the legal landscape and outline checks available.
China currently does not have any data protection laws. However, the PRC Constitution recognizes that the right to privacy is a fundamental right. The PRC Constitution states that a citizen's personal dignity is specifically protected as a fundamental right. In an effort to implement data protection laws, China enacted the Cybersecurity Law of China in 2017. Different jurisdictions may have their own municipal or regional laws regulating privacy protection.
The Ministry of Information and Industry of China has also published a draft of guidelines titled Information Security Technology - Guide for Personal Information Protection (also known as the Draft Guidelines). These guidelines address the issue of processing any personal data from China and the transferring of that data outside of China. These guidelines are simply a draft, and not yet enacted.
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Requirements: Citizens: Full Name in Chinese, National ID Number (18-Digit PRC #), Release Form. Non-Citizens: Passport Number, Release Form
Info Cubic accesses a criminal record database maintained by the Ministry of Public Security.
The China criminal records search will report crimes and offenses that are comparable to felonies and misdemeanors in the United States back to 1995. This search does not include Hong Kong and Taiwan region. Criminal records in Hong Kong and Taiwan should be ordered separately. The name in Chinese and national ID are required.
Requirements: Full name in Chinese, date of birth, address
Info Cubic utilizes our experienced worldwide court researcher network, government contacts and trusted private agencies to conduct civil record searches in the most affordable and accurate manner available. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.
Info Cubic utilizes our experienced worldwide court researcher network, government contacts and trusted private agencies to assists in identifying all filings of bankruptcy by an individual. Report may include file date, case number, name of court where case was filed, and case status if a bankruptcy case can be located.
Requirements: Full name in Chinese, a copy of degree certificate
An applicant inflating their educational accomplishments is one of the most common occurrences found on an applicant's resume or application. Info Cubic processes education verifications by contacting educational institutions directly to verify degrees or certifications earned. We verify dates of attendance, graduation date and degree information.
Requirements: Full name in Chinese, date of birth, employer name, contact information, release form, date of employment
Past employment verification is recommended for all employees. It is approximated that 40% of all resumes and employment applications contain falsified information. Our standard Employment Verification reports the employer's name, applicant's title, dates of employment, whether they are eligible for rehire, and we ask for additional comments.
Requirements: Full name in Chinese, date of birth, reference's relationship, contact name and contact information (including phone number and email address)
Our experienced research staff completes Personal Reference checks by interviewing an applicant's former or current colleagues, friends and family members. Personal Reference checks will offer insight into a person's work ethic, reliability, personality and ability to communicate and get along with others. It will also provide further insight into a person's compatibility with your company.
Requirements: Name, date of birth, address, color copy of driving license (front and back)
A verification of driver's license credentials and status for that jurisdiction. Results may also include driver history, conviction history, expiration, driving restrictions, and identity information.
Requirements: Name, date of birth, address
The Global Monitor Check (GMC) is database product that searches a variety of databases including (but not limited to):
Requirements: Full name in Chinese and PRC ID number are required for verification.
A validation and/or verification of the data subject’s identity documents.
Requirements: Name, DOB, Copy of Chinese National ID or Passport copy, Consent form
A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.
Requirements: Full name in Chinese, date of birth, school name, degree obtained, dates of attendance, city of school, employer name and contact information, dates of employment, position, release form
The employment screening package provides discounted price rather than ordering individual products. It Includes:
Requirements: Name (including former name), dob, address, release
The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.
The Civil and Bankruptcy Search Package offers discounted pricing of our most popular due diligence searches. This bundle includes one civil records search and one bankruptcy records search, based on the jurisdiction of the address provided.
Generally available, reliable. Persons should apply for a certificate of no criminal record at the local Public Security Bureau (PSB) (or certain types of employers such as state owned enterprises), then make application to the notary office for a certificate based on the PSB document. Persons without a criminal record will be able to obtain a certificate to that effect. Certificates for individuals with one or more criminal convictions will list all convictions for which records still exist. The certificates purport to reflect all criminal convictions during residence in China. Police records are generally not available for the period prior to 1949. Notarial police certificates are based in part upon records from an individual's employer. If an employer refuses to release records, the notarial office is not able to issue a certificate. This is the case for persons sent abroad for education by the Chinese Government who fail to return to China.
According to a 1957 state council ruling that is still in force, the imposition of a re-education through labor (Lao Dong Jiao Yu) term does not result from a criminal conviction. Administrative organs, rather than courts, impose re-education through labor. It is important to distinguish re-education through labor from labor reform (Lao Dong Gai Zao), which is a sentence meted out for criminal offenses.
The individual’s full name in Chinese characters and their Chinese identification number are required to perform verifications. Schools and Employers record names in Chinese characters, and many do not have English translations of a Chinese name. Furthermore, many Chinese nationals do not have an English translation of their name. If they do, it is often considered to be a legal name on their passport, or “HouKou” (certificate of family registration). It's very challenging to verify an individual’s information using an English name. In some instances there can be more than ten different ways to translate an English name to a Chinese name, and vice versa.
There are also two different types of education verifications in China: Graduation Certificates and Degree Certificates. Graduation Certificates are issued separately from an actual Degree Certificate. An individual can obtain Graduation Certificates, but may not hold a Degree Certificate. This occurs when a student passes all the tests required to graduate from their educational institution, but fails to pass the required test to receive a bachelor’s or master's degree. This is a very interesting difference between Chinese educational structure and western educational structures. Therefore, we highly recommend Degree Certificate Verifications instead of Graduation Certificate Verifications. To verify Degree Certificates, a color copy of the subject's Degree Certificates must be provided.
Available in most cases. Normally, when someone is tried by a people's court or by an organ of the executive branch of government, some record remains of the case even for a political crime. In some instances, the entire formal court verdict (Pan Jue Shu) is available upon request by the former defendant. In other cases, the court can provide only a synopsis of the charges and the verdict. In all instances, it is necessary to have the applicant request court records. If an applicant is unable to secure court records, the U.S. Embassy in Beijing, or the posts in China with jurisdiction over the area where the record is located can contact the appropriate provincial foreign affairs office and request assistance in securing records. It is not advisable for other U.S. officials to contact courts directly. Most court records will also indicate the original sentence, the actual sentence served and any reduction or commutation of the original sentence. Court records are generally not available for the period prior to 1949.
Criminal record information in China is stored in government databases that are managed by the PRC Ministry of Public Security. Criminal records are first stored in local government databases such as local police bureaus, but are then reported to the databases held by the Ministry of Public Security. There are additional government databases such as the Supreme People’s Court database. This database is a publicly available database which contains records or information on matters heard in the Supreme People’s Court.
Criminal records are attached to an individual for life, and move with the individual. They criminal history information is recorded by the individual’s name in Chinese characters and their Chinese identification number. When an individual moves, they must register with the local police station, and their criminal history and convictions move with them.
Under Section 100 of China’s Penal Code, an individual is obligated to disclose their criminal history. When seeking employment, if employers inquire about an individual’s criminal history, the individual is required to disclose any past criminal records they have.
China currently does not have any data protection laws. However, the PRC Constitution recognizes that the right to privacy is a fundamental right. The PRC Constitution states that a citizen’s personal dignity is specifically protected as a fundamental right. Instead of data or privacy protection laws, China has the Cybersecurity Law of China, which went into effect on June 1st, 2017. The Cybersecurity Law is just one of a variety of laws that addresses privacy regulation and other cybersecurity issues in China. Different jurisdictions may have their own municipal or regional laws regulating privacy protection.
The Cybersecurity Law of China provides specific requirements that certain organizations must adhere to. The organizations that must follow these requirements are known as “Network Operators” and “Critical Information Infrastructure Providers.” There are other requirements for other types of entities such suppliers of network products and/or services.
The Cybersecurity Law also contains requirements regarding data localization. Data localization limits certain types of data to a certain jurisdiction. Data can only be processed and stored in a jurisdiction that has a data localization requirement. This prevents data from being transferred and stored outside of that originating jurisdiction. There are exceptions if certain criteria are met, such as performing a special security assessment of the receiving entity if they are located outside of China. Those organizations deemed a Critical Information Infrastructure Provider are required to store important data in China must perform these special security assessments.
Even though there are no explicit data or privacy protection laws in China, there are some privacy principles that must still be adhered to. The collection, use, and processing of any personal information should be done in a lawful manner for a legitimate business purpose. The individual must be notified of the details regarding the collection, use, and processing of their personal information. The individual’s consent must be obtained. The information collected must be securely stored, and remedial measures must be taken if personal information were to be lost or stolen.
At Info Cubic, data privacy and protection is of the utmost importance. The following associations and certifications prove our commitment to data security.
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