People's Republic Of China People's Bank Of China (Revised)

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

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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" People's Republic of China people's Bank of China (March 18, 1995 session of the national people's Congress, adopted at the third meeting of December 27, 2003, deputies of the sixth meeting of the Standing Committee on adaptation
People's Republic of China people's Bank of China method of decided Amendment) directory first chapter General second chapter organization institutions third chapter Yuan fourth chapter business fifth chapter financial supervision management sixth chapter financial accounting seventh chapter legal responsibility eighth chapter schedule first chapter General first article to established people's Bank of China of status, clear its duties, guarantee national currency policy of right developed and implementation, established and perfect Central Bank macro-control system, maintenance financial stable, developed this method.
Second people's Bank of China is People's Republic of China's Central Bank.
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.
Article monetary policy objective is to maintain the stability of the currency, and thereby promote economic growth. Fourth article 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
Clearing system normal operation; (j) Guide and deploy financial industry anti-money-laundering efforts, in charge of monitoring money-laundering funds (11) is responsible for the finance and statistics, surveys, analyses and forecasts (12) as the country's Central Bank, engaged in the international financial activities; (13) other duties as prescribed by the State Council.
China's Central Bank to implement monetary policy, in accordance with the relevant provisions of the fourth chapter of this law in the banking business activities.
Fifth annual money supply of the people's Bank of China, interest rates, exchange rates and other important decisions on matters stipulated by the State Council, the State Council for approval before implementation.
People's Bank of China on matters relating to monetary policy other than prescribed in the preceding paragraph after the decision, that is, execution, and submitted to the State Council for the record.
Sixth 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.
Seventh people's Bank of China, under the leadership of the State Council according to the independent conduct of monetary policy in carrying out his duties, conduct business, not local governments, all levels of government departments, social organizations and individual interventions.
The eighth all capital is funded by the State of the people's Bank of China, is owned by the State.
Nineth financial supervision and management and coordination mechanism established under the State Council, and the specific measures formulated by the State Council.
Chapter organization is the tenth Governor of the people's Bank of China set up a person, Deputy Governor of several others. Candidates for Governor of the people's Bank of China, according to Premier's nominations, by the national people's Congress decided during the national people's Congress, decided by the Standing Committee of the national people's Congress, by the People's Republic of China President to appoint or remove.
Deputy Prime Minister appointed by the State Council, President of the people's Bank of China. The 11th Governor of the people's Bank of China to implement accountability.
Governors led the work of the people's Bank of China, the Deputy Governors shall assist the Governor. 12th people's Bank of China monetary policy Committee established.
Monetary policy responsibilities, composition and working procedures of the Committee, stipulated by the State Council, reported to the Standing Committee of the national people's Congress for the record.
The Central Bank's monetary policy Committee at the national macro-control and the formulation and adjustment of monetary policies, play an important role. 13th needs to set up branches of the people's Bank of China perform their duties according to, as an agency of the people's Bank of China.
People's Bank of China branches under unified leadership and management.
Branch Office mandated by the people's Bank of China of the people's Bank of China, to maintain financial stability in the area, undertake the business.
The 14th Governor of the people's Bank of China, the Deputy Governors and other staff should fulfill their duties, shall not abuse, deception, shall not be in any financial institutions, businesses, foundations, part time.
15th Governor, Deputy Governors and other staff of the people's Bank of China, 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. 16th chapter Yuan People's Republic of China's official currency is the Renminbi.
Paid in RMB People's Republic of China territory in all its public and private debt, and no units or individuals may refuse.
17th units for the Yuan, Yuan coin unit for angle, points.
18th RMB centrally printed and issued by the people's Bank of China.
The rules of the new renminbi issue, should be issuing time, denomination, design, style and specifications shall be published. 19th against forged or altered renminbi. Prohibited to sell or purchase counterfeit or altered renminbi. Is prohibited to transport, hold or use counterfeit or altered renminbi. Prohibits the intentional destruction of the Yuan.
Ban on promotional materials, publications or other commodities, illegal use of renminbi designs.
20th no unit or individual shall not print or sell promissory notes, in lieu of currency circulation in the market.
21st damaged or soiled currency, in accordance with the provisions of the rules of the Exchange, and by the people's Bank of China is responsible for the recall and destroy. 22nd, people's Bank of China to set up renminbi issue, establishment of branch libraries in branches. Branch in allocating renminbi issue Fund, should follow the order of allocation process.
No unit or individual shall not violate the provisions of, the use of funds.
Fourth chapter business 23rd article people's Bank of China for implementation currency policy, can using following currency policy tool: (a) requirements banking financial institutions according to provides of proportion make save deposits reserves; (ii) determine Central Bank benchmark interest rate; (three) for in people's Bank of China open State account of banking financial institutions handle again discount; (four) to commercial banks provides loan; (five) in public market Shang sale bonds, and other government bonds and financial bonds and the Exchange; (six) State determine of other currency policy tool.
China's Central Bank to implement monetary policy, when the use of monetary policy instruments listed in the preceding paragraph, you can set specific conditions and procedures.
24th Treasury of the Manager of the people's Bank of China, in accordance with provisions of laws and administrative regulations.
25th financial Department of the people's Bank of China Deputy Premier to financial institutions issuing, cashing in Treasury bonds and other government securities.
26th people's Bank of China according to the need, for banking institutions to open an account, but not account overdraft to banking institutions. 27th 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.
Rules of payment and settlement rules or in conjunction with the banking regulatory agency of the State Council.
28th the need of the people's Bank of China according to the conduct of monetary policy, you can decide on the loan amount, term and interest rate and manner, but the term of the loan shall not exceed one year.
The 29th Government of the people's Bank of China is allowed to an overdraft, and may not directly subscribe or underwrite Treasury bonds and other government securities.
30th, people's Bank of China shall not provide loans to local governments and Government departments at all levels, not to non-bank financial institutions provide loans as well as other entities and individuals, but decides the rules of the State Council can be provided to specific non-bank financial institutions except as loans.
People's Bank of China to any entity or individual to provide security.
Fifth chapter 31st people's Bank of China Law of financial supervision and management to monitor the operation of the financial markets, on the implementation of macro-control in the financial markets, promote their harmonious development.
32nd article 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; (six) implementation about gold management provides of behavior;
(G) the people's Bank of China Deputy Manager of Treasury and (VIII) implementing acts under the relevant settlement management; (IX) implement the provisions against money-laundering Act.
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. 33rd 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.
Article 34th when payment difficulties in the banking and financial sectors, may 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.
35th 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.
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.
36th people's Bank of China responsible for the integrated presentation of the national financial statistics, reports, and be published in accordance with the relevant provisions of the State.
37th people's Bank of China shall establish and perfect the system of audit and inspection, strengthen internal supervision and management.
Sixth chapter article 38th of financial accounting rules of the independent financial budget management system.
The budget after the examination by the financial Department of the State Council of the people's Bank of China, into the central budget, accepted the financial departments of the State Council's oversight of budget implementation.
39th PBC each fiscal year expenditures for the year is deducted from income, and financial departments of the State Council approved total percentage of net profits after the reserve, all turned over to the Central Government.
Losses by the Central Government of the people's Bank of China grants make up.
40th financial and accounting Affairs of the people's Bank of China, and 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.
The 41st people's Bank of China shall, within three months after the end of each fiscal year, prepare a balance sheet, income statement and related financial statements, and to prepare an annual report, in accordance with the relevant provisions of the State to the public.
The rules of the Gregorian calendar from January 1 to December 31 for the fiscal year.
The seventh chapter legal liability article 42nd forged or altered renminbi, sale of forged 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 10,000 yuan.
Article 43rd buying forged or altered renminbi, or knowingly forged or altered Renminbi to 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 10,000 yuan.
44th in promotional materials, publications or any other illegal use of renminbi designs on goods, people's Bank of China shall be ordered to make corrections, and destruction of the illegal use of renminbi designs, confiscate the illegal gains and fines of between 50,000 yuan.
Article 45th print or sell promissory notes, in lieu of currency circulation in the market, people's Bank of China shall order him to desist from the illegal act and a penalty of 200,000 yuan. 46th article 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, at 500,000 yuan above 2 million Yuan following fine; on has directly responsibility of Director
, Senior management staff and other persons 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.
47th on an administrative punishment is dissatisfied, he may, in accordance with the People's Republic of China administrative procedural law provisions of the administrative proceedings.
48th of the people's Bank of China, one of the following acts, the persons in charge and other direct liable persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) violation of the 30th to loan provisions of the first paragraph of article; (b) for units and individuals to provide security, (iii) unauthorized use the issue Fund.
One of the acts listed in the preceding paragraph, resulting in the loss of, persons who are directly in charge of personnel and other persons shall bear part or all of the liability.
49th local governments, all levels of government departments, social groups and individuals forced staff of the people's Bank of China and its violation of the provisions of this law article 30th providing loans or guarantees, the persons in charge and other direct liable persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law; losses caused shall bear part or all of the liability.
The 50th of 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.
51st corrupt practices by staff of the people's Bank of China, 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.
Eighth chapter supplementary articles article 52nd banking institutions in this law refers to in the People's Republic of China China to set up commercial banks, urban credit cooperatives, rural credit cooperatives and other financial institutions that take deposits from the public as well as policy banks.
People's Republic of China established in the territory of 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. 53rd this law come into force on the date of promulgation.

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