People's Republic Of China People's Bank Of China

Original Language Title: 中华人民共和国中国人民银行法

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"Enactment date" 2003.12.27 "implementation date" 2004.02.01 "expiration date" and "regulatory classification" the national people's Congress "content category" and "enacted" NPC "content" President of the people's Republic of China the 12th Standing Committee of the national people's Congress to amend the decision of the people's Republic of China people's Bank of China
                                            By the deputies of the sixth meeting of the Standing Committee of the PRC was adopted on December 27, 2003, are hereby promulgated and come into force since February 1, 2004. December 27, 2003 the Standing Committee of the national people's Congress Chairman of the people's Republic of China Hu Jintao decided December 27, 2003 to revise the rules of the law of PRC Deputies adopted at the sixth meeting of the Standing Committee, the first article is revised as follows: "in order to establish the status of the people's Bank of China, clearly its responsibility to ensure correct formulation and implementation of national monetary policies, establish and improve the Central Bank macroeconomic regulation System to maintain financial stability, this law is enacted. "Second, the second paragraph is amended as:" the people's Bank of China, under the leadership of the State Council, formulate and implement monetary policies to prevent and defuse financial risks and maintain financial stability. "Three, and fourth article first paragraph modified for:" people's Bank of China perform following duties: "(a) released and perform its duties about of command and regulations;" (ii) law developed and implementation currency policy; "(three) issued Yuan, management Yuan circulation;" (four) supervision management Bank between peer lending market and Bank between bonds market; "(five) implementation Exchange Management, supervision management Bank between Exchange;" (six) supervision management gold market; "(seven) holds, and management, and business national reserves, and Gold reserves; "(eight) Manager Treasury;" (nine) maintenance paid, and liquidation system of normal run; "(10) Guide, and deployment finance anti-money-laundering work, is responsible for anti-money-laundering of funds monitoring;" (11) is responsible for Finance of statistics, and survey, and analysis and forecast; "(12) as national of Central Bank, engaged in about of international financial activities;" (13) State provides of other duties. "Four, sixth revised to read:" the people's Bank of China shall be submitted to the Standing Committee of the national people's Congress on monetary policy and the report on the work of the finance operation. "Five, add one, as the Nineth:" financial supervision and management and coordination mechanism established under the State Council, and the specific measures formulated by the State Council. "Six, 11th to 12th, and added a section, second paragraph:" the Central Bank's monetary policy Committee at the national macro-control and the formulation and adjustment of monetary policies, play an important role. "Seven, 12th to 13th and amended as:" perform their duties according to the need to set up branches of the PBC, as an agency of the people's Bank of China.
People's Bank of China branches under unified leadership and management. "Branch of the people's Bank of China in accordance with the mandate of the people's Bank of China, to maintain financial stability in the area, undertake the business. "Eight, 14th to 15th and amended as:" the people's Bank of China Governor, Deputy Governors and other staff, according to law on guarding State secrets, and have the responsibility for and fulfil its responsibilities related to financial institutions and parties to keep a secret.
"Nine, 22nd to 23rd, first modify the first paragraph as follows:" required banking institutions in accordance with the percentage of deposit reserves "; the third is amended as:" in banking institution of the people's Bank of China to open an account and then discounting "; the fifth is amended as:" sell on the open market bonds, other government bonds and financial bonds and foreign exchange ". Ten, 25th to 26th and amended as: "the people's Bank of China needed, for banking institutions to open an account, but not account overdraft to banking institutions. "The third, 26th to 27th, amended to read:" the people's Bank of China should organize or assist in organizing the banking clearing system between financial institutions and liquidation matters of coordination among banking institutions, to provide clearing services.
Specific measures shall be formulated by the people's Bank of China. "The rules of the clearing rules or in conjunction with the banking regulatory agency of the State Council. "12, 30th to 31st and amended as:" the people's Bank of China law to monitor the operation of the financial markets, on the implementation of macro-control in the financial markets, promote their harmonious development.
"13, by deleting article 31st. 14, and 32nd article modified for: "people's Bank of China right to on financial institutions and other units and personal of following behavior for check supervision:" (a) implementation about deposits reserves management provides of behavior; "(ii) and people's Bank of China special loan about of behavior;" (three) implementation about Yuan management provides of behavior; "(four) implementation about Bank between peer lending market, and Bank between bonds market management provides of behavior;" (five) implementation about Exchange Management provides of behavior; "
(Vi) implementation of behavior about gold management "(seven) of the people's Bank of China Deputy Manager of Treasury" (VIII) implementing acts under the relevant settlement management "(IX) implement the provisions against money-laundering Act. "The rules of the special loans referred to in the preceding paragraph, refers to the decision of the State Council of the people's Bank of China issued for a specific purpose loans from financial institutions. "XV and the addition of an article, as the 33rd article:" the people's Bank of China according to the conduct of monetary policy and the need to maintain financial stability, and recommends that the banking regulatory agency of the State Council on the inspection and supervision of banking institutions. Banking regulatory body under the State Council shall from the date of receipt of the recommendations in the 30th to reply. "16, the addition of an article, as the 34th article:" when encountering payment difficulties of banking institutions, could lead to financial risks, in order to maintain financial stability, the people's Bank of China approved by the State Council has the right to inspect and supervise banking institutions.
"17, 33rd to 35th, amended to read:" the people's Bank of China according to the needs to perform his duties has the right to require banking institutions to submit the necessary balance sheets, income statements, and other financial and statistical reports and information. "The people's Bank of China and state banking regulatory agencies, other financial regulatory authority under the State Council to establish regulatory mechanisms for information sharing.
"18, by deleting article 35th. To article 19, 39th 40th, amended to read: "the rules of financial and accounting Affairs, shall implement the laws, administrative regulations and unified financial and accounting system, accept the audit authorities and finance ministries of the State Council shall conduct audit and oversight respectively. "20, 41st, 42nd instead and be amended as:" forged or altered Renminbi to sell counterfeit or altered renminbi, or known to be forged or altered renminbi transport constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the public security organs ' 15th following detention, fined a maximum of 10,000 yuan. "21, 42nd to 43rd and amended as:" buying forged or altered renminbi, or known to be forged or altered renminbi and the possession, use, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, the public security organs ' 15th following detention, fined a maximum of 10,000 yuan. "22, and 45th article to 46th article, modified for:" this method 32nd article by column behavior violation about provides, about legal, and administrative regulations has punishment provides of, in accordance with its provides give punishment; about legal, and administrative regulations not for punishment provides of, by people's Bank of China difference different case give warning, confiscated illegal proceeds, illegal proceeds 500,000 yuan above of, and at illegal proceeds 1 time times above five times times following fine; no illegal proceeds or illegal proceeds insufficient 500,000 yuan of, Penalty of between 500,000 yuan and 2 million Yuan; directly responsible to directors, senior managers and other personnel directly responsible for warning, fines of between 50,000 yuan and 500,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law. "23, 49th to 50th and amended as:" the people's Bank of China who leak State secrets or confidential the business secrets constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law. "24, 50th to 51st and amended as:" the rules of the staff in corruption and bribery, deception, abuse of power, dereliction of duty, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
"25, the addition of an article, as the 52nd:" banking institutions in this law, is established in the territory of the people's Republic of China's commercial banks, urban credit cooperatives, rural credit cooperatives and other financial institutions that take deposits from the public as well as policy banks. "Established in the territory of the people's Republic of China financial asset management companies, trust and investment companies, financial companies, financial leasing companies, as well as by the banking regulatory agency of the State Council approved the establishment of other financial institutions, apply the provisions of this law on banking institutions.
"This decision shall take effect on February 1, 2004. Law of the people's Republic of China people's Bank of China under the terms of this decision be amended accordingly and the order adjusted accordingly, republished.