Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347819.shtml
Supervision and administration of commercial bank's credit card business approach
(January 13, 2011 China Banking Regulatory Commission  the 2nd release come into force on the date of promulgation) Chapter I General provisions
First to regulate the credit card business of commercial banks and safeguard the lawful rights and interests of customers and banks, promote the healthy and orderly development of credit card business, according to the People's Republic of China Banking Regulatory Act, the People's Republic of China on commercial banks and the People's Republic of China foreign bank regulations and other laws and regulations, these measures are formulated.
The second commercial bank's credit card business, shall strictly abide by the national laws, regulations, rules and related policies and regulations, follow the principle of equality, voluntariness, honesty and trustworthiness. The third commercial bank's credit card business, should protect the customer the legitimate rights and interests, and information security.
Without the client's authorization, information shall not be used for other purposes other than the credit card business of the Bank.
Article fourth commercial bank's credit card business, shall establish a sound credit risk management and internal control system, strict application of the authorization management, effectively identifying, evaluating, monitoring and control of operational risk.
Article fifth commercial bank's credit card business, which should be fully disclosed to the cardholder information, revealing the business risk, establish and improve the relevant complaint handling mechanisms.
Sixth article CBRC and its local agencies to supervise and administer the credit business of commercial banks according to law.
Chapter II definitions and classifications
Article seventh card in these measures refers to record the cardholder account information, bank credit line and overdraft feature and provide banking services to cardholders of all types of media.
Eighth article of the approach mentioned in the credit card business, refers to the commercial bank credit and overdraft feature provided by bank card services, including card-issuing business and acquiring business.
Nineth card issuing operations in these measures, refers to card-issuing banks based on the evaluation results to our clients, and eligible clients provided by the Agency issuing the credit card and related services.
Card issuing business, including marketing, examination and approval of credit, cards issued, transaction authorization, transaction processing, transaction monitoring, capital clearing, accounting, settlement, value added services such as debt collection and business links.
Article tenth issuer in these measures refers to run credit card issuing business approved by the China Banking Regulatory Commission, and the responsibility of issuing business risk management-related commercial banks.
11th issuing business services institutions in these measures, refers to the contract with the issuing bank to help them provide corporate credit card business service agencies or other organizations.
12th acquiring activities mentioned in these measures refers to commercial banks to provide merchant with accepting credit cards, and complete the related Fund settlement services.
Acquiring business of merchant verification, merchant training, receiving terminal installation and maintenance management, acquisition authorized, processing information, transaction monitoring, fund advances, financial settlement, dispute processing and value-added services such as business links.
13th article of the referred Merchant Bank, is under contract to provide credit card merchant acquiring business services or providing settlement services for credit card acquiring business, and acquiring business risk management-related responsibilities of commercial banks.
Article 14th acquiring business services mentioned in these measures refers to acquiring bank or merchant settlement Bank agency to assist them with credit card acquiring business services Corporation or other organization. Issued 15th commercial bank-issued credit card in accordance with different targets, divided into individual cards and business cards.
Among them, the unit card is divided into business travel card and a business card.
Corporate travel card, refers to the commercial banks and the Government departments, corporate bodies or other organizations signed a contract to establish the travel reimbursement, to day-to-day business expenses of its staff and financial reimbursement services credit card.
Business purchasing cards, refers to the commercial banks and the Government departments, corporate bodies or other organizations signed a contract to establish the purchase expense reimbursement, to provide office supplies, Office procurement expenditure related to services, such as credit cards.
16th student in these measures refers to full-time students enrolled at an educational institution.
Chapter III business access
17th commercial banks to apply for the credit card business, should meet the following basic conditions:
(A) good corporate governance, the main prudential indicators in line with relevant regulations of the China Banking Regulatory Commission, and business development organization and regulation, sound and effective internal control, risk management and accountability mechanisms;
(B) in good standing, with a sound and effective system of internal control mechanisms and prevention and control of cases, no major violations in the last 3 years and major malignant cases; (C) meet the qualifications of Directors and senior managers and qualified staff.
Senior managers should have in the credit card business expertise and management experience at least 1, with credit card business required technicians and management personnel, and full implementation of the management authority;
(D) commensurate with the business's premises, facilities and the necessary information technology resource;
(E) has been established in accordance with the laws and regulations in the territory and business management requirements of business systems, security-related business information security and quality of technical ability;
(F) to set up foreign currency credit card business should be approved by the State administration of foreign exchange of foreign exchange settlement and sale business qualifications and qualification of foreign exchange business approved by the China Banking Regulatory Commission (or business scope in foreign exchange);
(G) consistent with other prudent requirements as specified by the CBRC, China.
18th opening credit card business of commercial banks in addition to article 17th conditions, should also be subject to the following conditions:
(A) the registered capital paid-up capital, and no less than RMB 500 million Yuan or the equivalent in convertible currency;
(B) have a good basis for conducting retail business, last 3 years personal deposit and loan business and business structure, stability, and personal lending and deposit business customers and customer structure, banking card business operates well, ID verification system and the credit system and the use of good;
(Three) has handle credit card business of professional system, in territory built has issuing business host, and credit card business application management system, and credit assessment management system, and credit card account management system, and credit card trading authorized system, and credit card trading monitoring and counterfeiting trading warning system, and credit card customer service center system, and urged received business management system, professional operation based facilities, related facilities through has necessary of security detection and business test, can guarantees customer information and business data of integrity and security;
(D) consistent with the overall business strategy of commercial banks and development planning will improve overall business competitiveness, according to the business development of actual ongoing business costs, basic break-even business monitoring and measurement, and so on.
19th commercial bank opened a credit card acquiring business in addition to article 17th conditions, should also be subject to the following conditions:
(A) the registered capital paid-up capital, and no less than RMB 100 million Yuan or the equivalent in convertible currency; (B) have started acquiring business is good business.
Last 3 years business loan business size and business structure, stability, and lending to business customers and customer structure is relatively stable, ID verification system and credit system, and in good condition;
(Three) has handle received single business of professional system support, in territory built has received single business host, and special merchant application management system, and special merchant credit assessment management system, and merchant settlement account management system, and account works management system, and received single trading monitoring and counterfeiting trading warning system, and trading authorized system, professional operation based facilities, related facilities through has necessary of security detection and business test, can guarantees customer information and business data of integrity and security;
(D) consistent with the overall business strategy of commercial banks and development plan to improve business competitiveness, according to actual business development continuing operating costs, basic break-even business monitoring and measurement, and so on.
20th commercial bank started issuing and acquiring business according to prescribed procedures should be reported to the approval of the China Banking Regulatory Commission and its agencies.
National commercial banks to apply for the credit card business, from its headquarters (the company) to the China Banking Regulatory Commission for approval.
In accordance with the relevant provisions only in specific cities or regions engaged in business activities of commercial banks and apply for the credit card business, from its headquarters (companies) make an application to the regulator of registered, upon examination, by registered regulatory agencies reported to the China Banking Regulatory Commission for approval.
Foreign companies to apply for the credit card business, shall apply to the registration and regulatory bodies, upon examination, by registered regulatory agencies reported to the China Banking Regulatory Commission for approval.
Article 21st before you apply for credit card issuing or acquiring business, should be driven by needs to be applied for business communication with the local Office of the China Banking Regulatory Commission and related shows intention to apply for the credit card business model, every part of the business process and risk control processes, business systems design and infrastructure-building programmes, and according to the communication, adjustment and improvement of the relevant business links.
22nd commercial banks to apply for credit cards, you can apply a report applying for different types of credit card business, but applications should be indicated in the credit card business.
23rd commercial bank to the local Office of the China Banking Regulatory Commission and apply for the credit card business, shall submit the following documents (one original and three copies):
(A) engage in the credit card business applications;
(B) the credit card business feasibility report;
(C) credit card business development planning and operations management system;
(Iv) credit card regulations, content shall include at least the credit card name, type, function, use, distribution, scope of eligibility criteria, the formalities, the use (including use restrictions) and usage, credit-card account applicable interest rate and the cardholder fees and fees, commercial banks, cardholders and other rights and obligations of the parties concerned;
(E) draft card design or accepted credit card types;
(F) credit-card operations facilities, business systems and disaster recovery system;
(G) the associated ID verification system and the credit system and the use of information;
(H) the credit card business systems and disaster recovery system testing and safety assessment reports;
(I) the credit card business contingency plan and a business continuity plan;
(10) construction of credit risk management system and the corresponding rules and regulations;
(11) credit management, segregation of duties, the main charge;
(12) the applicant contact person, contact telephone number, address, fax, email and other contact information;
(13) the China Banking Regulatory Commission and its bodies in accordance with the principle of prudence requires to provide additional documents and information. 24th commercial banks should be within the specialized agencies or other professional institution commissioned an independent security assessment.
Security assessment report should at least including Board or head office (Corporation) senior management layer on credit card business risk management system construction and related regulations of validation situation, and the business link information information of protection measures set situation, and continued monitoring records and track warning exception business behavior (containing invasion accident or system vulnerability) of process design, and plug-in system or external access system of security set, and assessment period, aspects of content.
25th national commercial bank planning branch-level exclusive agency, such as credit cards, should be determined by its head office (company) an application to the China Banking Regulatory Commission.
In accordance with the relevant provisions only in specific cities or regions engaged in business activities of commercial banks, planning branch-level exclusive agency, such as credit cards, should be determined by its head office (the company) to apply to the registration agency of the China Banking Regulatory Commission, after examination, registered by agency of the China Banking Regulatory Commission, China Banking Regulatory Commission for approval.
Foreign legal-person banks planning branch-level exclusive agency, such as credit cards shall be made to the local Office of the China Banking Regulatory Commission in their application, upon examination, and reported by the registration agency of the China Banking Regulatory Commission, China Banking Regulatory Commission for approval.
Credit card centers such as branch-level exclusive agency applications for approval by the Agency of the China Banking Regulatory Commission in their acceptance and approval. 26th, commercial bank credit card Center, branch-level exclusive agency branches, build and open procedures to be in accordance with the provisions of its approval of the CBRC, China to be established.
Proposed agency of the China Banking Regulatory Commission approved or not approved by decision in writing, with a copy to branch-level exclusive agency registration agency of the China Banking Regulatory Commission.
27th registration agency of the China Banking Regulatory Commission from the date of receipt of complete application materials review has been completed and will be reviewed in the 20th and the complete application materials reported the CBRC.
China Banking Regulatory Commission receipt of complete application materials within 3 months from the date of credit card business, to approve or not to approve the decision in writing; decided not to ratify, it shall explain the reasons.
China Banking Regulatory Commission or agency withheld approval of the credit card business types, commercial banks meet related requirements may apply in accordance with the relevant provisions.
28th commercial banks ' new credit card product type, function, increase credit card business credit cards accepted additional channels, or entrusted, as card-issuing and acquiring business services business services institutions that offer businesses, should refer to the rules of the 23rd, one month prior to the business, associated materials (in duplicate) to the local Office of the China Banking Regulatory Commission and related reports. Article 29th business data centralized processing of commercial banks, after the credit card business is allowed to operate, may authorize its branch institutions for some or all of the credit card business.
Authorized branch offices that offer credit card business, 30 working days in advance with the CBRC approval document, Head Office authorization documents and other relevant materials to the registration agency of the China Banking Regulatory Commission report.
30th article commercial banks for other institutions (non-special merchant) carried out received single business provides settlement service, should ahead of 30 a days holding China silver prison will approved file, and Head Office authorized file, and cooperation institutions license and corporate detailed information, and cooperation institutions related business situation and financial status, and business process design material, and written contract, and is responsible for on cooperation institutions for collection rules management of commitment book, and risk event and illegal activities of emergency processing system, and other related material to local China silver prison will sent institutions report.
31st has been introduced in the credit card business of commercial banks in accordance with the plan's decision to end all or some types of credit card business should refer to the procedures for opening the business reported to the approval of the China Banking Regulatory Commission and its agencies.
Commercial banks decided to terminate in whole or in part before the credit card business of the type should be based on the need to apply for the proposed closure of business and the local Office of the China Banking Regulatory Commission or its related communication, explain why the intention to apply for the termination of the business risk, bulletin contents and channels, emergency plans, and adjust and improve the communication.
Article 32nd applied to the China Banking Regulatory Commission and its agencies to terminate the credit card business, shall submit the following documents (one original and three copies):
(A) the application for termination of credit card business;
(B) termination of credit card business risk assessment report;
(C) notice of termination of credit card business programme;
(Iv) terminate the emergency plans of major problems in the course of business;
(V) is responsible for the termination of the business sector, the head of the Division of responsibilities and the main;
(F) the applicant contact person, contact telephone number, address, fax, email and other contact information;
(G) the China Banking Regulatory Commission and its bodies in accordance with the principle of prudence requires to provide additional documents and information.
By the local Office of the China Banking Regulatory Commission and related consent, shall be announced through a network of commercial banks, banking websites, customer service hotlines, electronic banking, other media channels to notice notice duration not less than 90 days from the date of announcement.
Article 33rd terminate or stop offering some types of credit card credit card business after business, you need to run credit cards or some type of credit card business, in accordance with the relevant provisions to apply, approval and reporting procedures.
Fourth chapter of card-issuing business management
Article 34th issuing banks shall establish credit-card management system, Express card, password, mail, envelope, business card files and other related staff user ID password generation, transfer, storage, security, monitoring, checks and other aspects of management responsibilities and procedures, prevent the occurrence of major accident risks.
35th commercial bank credit application management system should be established, by the head office (Head Office, foreign companies) on the credit card application number, information and application materials, use, destruction and other implementation of the registration system.
36th article credit card card surface should on holding card people full disclosure following basic information: issuing bank corporate name, and brand identifies and the security logo, and card type (credit card, and loan remember card, and associate loan remember card,), and card,, and holding card people name pinyin (foreign name), and validity, and holding card people signature article, and security check code, and note matters, and customer service phone, and Bank website address.
37th card-issuing banks to credit card applications text should contain at least the following elements:
(A) applicant information: number, name of applicant, valid ID name, ID number, company name, company address, residential address, billing, mailing address, phone number, contact name, contact phone, contacts, verify information, and other authentication information, such as;
(B) contractual information: receiving contracts (agreements), credit card regulations, important notice, contract information changes;
(C) the fee information: major fees and charges, charges information channel, notice of billing information changes;
(Iv) other information: applicants already hold credit cards and credit lines, Declaration of the applicant, the applicant confirmed bar and the signature line, issuing banking services and Bank Web sites, channels, etc.
"Important tips" should in credit card application material in the to striking way column shows, at least including application credit card of basic conditions, and by needed basic application information, and meter knot card rules, and years fee/late fees/super limited fee charged way, and reading led with contract (Agreement) and signed of tips, and applicants information of security confidential tips, and illegal using credit card behavior related of legal responsibility and processing measures of tips, and other on applicants credit and right obligations has major effect of content, information. Confirm the applicant shall set forth the following statements and ask customers to copy and sign: "I have read all of your application materials, well informed and well known information about the credit card products, willing to comply with the requisition contracts (agreements) of the rules.
Article 38th of card-issuing banks should open and clearly inform applicants are required to submit application materials and the basic requirements, application materials must be signed personally by the applicant, shall not without the customer's knowledge or against the customer under the will of a credit card.
Issuing bank accepts an application for credit card card master card holders in, the material must be personally signed, customer service, call recording, electronic signatures or the cardholder and card-issuing banks confirmed recognition of both. 39th issuing banks shall establish marketing management system, system for marketing personnel training, registration, evaluation and standardized management, not on single card piece cut in the number of sales personnel assessment methods.
Credit card marketing practices should be subject to the following conditions: (A) marketing materials are true and correct and shall not be false, misleading statements or material omissions, without exaggerating or one-sided propaganda.
Costs should be borne by the cardholder must be open and transparent, risk tip should be clear, easy to understand words printed on promotional material and product (service) application materials, tips shall be true, clear and full of expression, demonstration case should have representation.
(Ii) marketing personnel must wearing belongs Bank of identifies, express belongs issuing bank and the customer complaints phone, using unified printed of credit card products (service) publicity material, on credit card charges project, and meter knot card policy and business risk, for full of information disclosure and risk tips, confirmed applicants submitted of important proved material no altered traces, confirmed applicants has knows and understanding above information, confirmed applicants has in application material Shang signature, and retained related evidence, Shall not be misleading and deceptive propaganda and explanation.
Encounter customers promotional material authenticity and reliability when there is any doubt, should be provided with relevant information channels. (C) marketers openly inform credit card required to submit application information and basic requirements, urging credit card applicants complete, correct, true and complete application materials and audit ID (original) and the necessary documents (original).
Marketers not to have a customer card, not to the fast card, card card, on behalf of the card manages the card such as marketing credit cards. (D) the marketing personnel shall strictly abide by the principle of the confidentiality of customer information, and may disclose customer information, credit card marketing may not be work subcontracted subcontractor.
Issuing banks shall be strictly prohibited to marketers in credit card marketing activities outside the Bank, and the marketing personnel receiving applicants information and communicated to the audit time interval and the requirement for a clear system security measures shall not without the consent of the credit card without the consent of the applicant the applicant information to cross-sell other products and services.
(E) telephone marketing, marketing personnel, in addition to compliance with (a) to (d) of the relevant provisions, must retain a clear recordings, sound recordings shall be kept for at least 2 years for reference.
40th issuing banks shall establish and improve credit card applicants credit audit system, and a clear management structure and internal control mechanisms.
41st-issuing bank should credit to credit card applicants, and fully verified and complete record of the applicants identity, financial, consumer and credit histories and other information, and confirm that the applicant has a fixed, stable source of income or a reliable guarantee of repayment.
42nd article issuing bank should according to General risk management requirements determine credit card application material of will fill (selected) elements, on credit card application material appeared leak fill (selected) will fill information or will selected option, and others agent (units agent business travel card and business procurement card, and main card holding card people agent subsidiary card except), and others generation signature, and application material not signature, situation of, shall not issued credit card.
Credit card application appears doubtful information, missing an audit opinion and audit personnel at all levels failed signed (signature, enter code) or system audit records are missing, and so on, may issue a credit card.
Article 43rd to first apply for bank credit card customers, may not take full system issued by automatically issuing credit cards.
Credit card applicants have the following situation should be strict auditing, strengthening risk prevention and control:
(A) status information system with information related to suspicious or criminal record;
(B) no credit record in the credit system;
(C) have a bad record in the credit system;
(D) in the credit information system has more than bank loans or credit cards credit records;
(E) the agency business travel and business purchasing cards cards;
(Vi) other sources of risk information.
Article 44th of card-issuing banks shall not be issuing credit cards to customers under 18 years of age (except for supplementary card).
Article 45th to the eligible student credit card issuing banks to issue the same applicant shall not exceed two (except for supplementary card). Prior to the issuance of student credit cards, card-issuing banks to implement a second source of repayment, made the second payment source (parent, guardian, or other person, and so on) kindly volunteered to repayment of written material, and confirm the authenticity of the second source of repayment.
Prior to improve their credit, card-issuing banks are required to obtain second source of repayment (parent, guardian, or other person and so on) that the written consent and payment guarantee material. Shall be formulated in accordance with the precautionary principle student credit card business of commercial bank management system, according to the business situation assessments, estimates and reasonably determined the Bank student credit card for the first time credit and adjusted according to card's maximum credit.
Student credit card shall not exceed limits.
Article 46th issuing banks on Bank Web site should be publicly disclosed to marketing credit cards to students and educational institutions for the purpose of signing the agreement.
Issuing bank at any educational institution of students on campus credit card marketing activities, carry out marketing activities must be the exact location, date, time and activities in advance informed relevant educational institutions and obtaining consent from the educational institution.
47th issuing banks shall provide a credit card application processing progress and results of the query channel. 48th card-issuing banks issued credit cards shall conform to the safety requirements, cards and passwords shall be served separately and prompts the cardholder receives.
Card payment made by credit card, shall be notified to the cardholder a written date of credit card bills, credit card regulation, safety cards, customer service calls, charges for services and information such as information channels in order to safe use of credit cards cardholders. 49th activation procedures of credit issuers should be established, before activation shall check the identifiable information of credit card holders. Shall not activate using the contract (Agreement) without the applicant's signature, without activation procedure confirms the cardholder identification card.
For new cards, trading cards, damage for loss card, expired cards must be activated before you can change to card holder open. Credit card without the cardholder activated shall not deduct any costs.
In special cases, the cardholder in writing, customer service, call recording, electronic signature, cardholders and issuing banks are recognized separately for both authorized to deduct the cost of, and the card except for the formation of the debtor-creditor relationship.
Credit card without the cardholder-activated and used, and shall not be issued to any gift or gift certificates.
50th issuing bank credit management system of credit should be established, according to cardholder's credit card for status, and dynamic management of credit card credit risk information, and promptly inform cardholders in accordance with the agreement and, if necessary, may require the cardholder to implement the second payment source or required to provide security. Name of issuing bank cardholder should be more than one credit card account credit, installment overall credit, card credit lines, cash credit lines merge and management, sets an overall credit limit.
Business buy card cash credit line should be set to zero.
51st has passed the credit card contract (Agreement), written agreements, electronic banking records or customer service phone recording contract under the premise and the credit card company credit card transaction does not occur for more than 6 months can be reduced the credit, but must be 3 working days in advance in accordance with the contract clearly inform the cardholder. 52nd card issuing bank credit risk management system should be established. Issuing bank from police organ, and judicial organ, and holding card people I, and relatives, and trading monitoring or other channel was informed that holding card people appeared ID pieces was theft, and family financial status deterioration, and repayment capacity declined, and reserved contact way failure, and funding letter status deterioration, and has non-normal with card behavior, risk information Shi, should immediately stop raised lines, and Super award letter lines with card service authorized, and staging business authorized, may expanded credit risk of operation, and depending on situation take improve trading monitoring efforts, and adjustable reduction award letter lines, and check pay, and
Freeze or the implementation of risk management measures such as the second source of repayment. 53rd credit card without the cardholder to the application and super credit card service shall not deduct the overlimit fee in any form.
Card holders can be used orally (customer service telephone), electronic, written opening or cancellation of service above the credit card. Issuing banks have card holders ' opening super credit card service, provided information about overlimit fee charge form and method of calculation, and be sure to tell the cardholder has the right to cancel service above the credit card.
After issuing banks charged overlimit fee, it should be made clear in a statement the overlimit fee amount listed in the billing cycle. 54th as card holders apply for ultra-credit card services, the issuing bank provides only once during a billing period over credit card services, during a billing period can only be charged an overlimit fee.
If in two continuous of bill cycle within, holding card people continuous requirements paid super limited fee to completed over award letter lines of overdraft trading, issuing bank must in second a bill cycle end Hou immediately stop Super award letter lines with card service, until credit card not settled payments reduced to credit card original award letter lines following to according to holding card people of again application again opened Super award letter lines with card service. 55th issuing banks must not be a credit card transfer (out of) and cash withdrawal offer extra credit card services.
Credit transfer (out of) and cash withdrawal taken together shall not exceed the amount of credit card cash credit line.
56th card issuing bank credit card transaction authorization and risk monitoring and management system should be established and equipped with necessary equipment, systems and personnel, ensuring 24-hour trading authorization, and real-time monitoring, appear suspicious transactions of credit card accounts shall take prompt contact with cardholders confirm, adjust credit lines, account, emergency stop-payment risk management measures.
Card issuing bank should take telephone verification on suspicious transactions, to adjust or risk investigation and deal with the field visits, including, if necessary, should be reported to the public security organs in a timely manner. 57th-issuing bank should credit card contracts (agreements) clearly provided to the cardholder in specific operating procedures related to capital repayment of credit card loans, and in the case of not authorized access to cardholder, cardholder assets directly not to satisfy credit card receivables.
Except as otherwise provided by national laws and regulations.
When the issuing bank receives the cardholder repayment, the arrears on their credit card accounts in the following order to rush: 1-90 days (included), in accordance with the interest receivable, or fees, principal in the order after punching; more than 91 days overdue, receivable after the first principal, interest or fees order rushed. Article 58th of card-issuing banks through self-service channels to provide credit card inquiries and payment services must verify passwords or credit card verification code.
The checksum does not verify the password or credit card and the credit card company should be based on the transaction type, nature of risks and risk characteristics, determine the self-service channel information about the credit card validation rules to safeguard the security card.
59th card issuing bank should provide 24-hour loss reporting services through branches, customer service telephone or electronic banking channel accepts the application for card loss in a timely manner and to take appropriate risk management measures.
60th issuing banks shall provide information services through banks websites, cards, electronic banking and other channels to the cardholders public credit card products and services, operating instructions, articles of Association, receiving the contract (Agreement), fees and standards, risk tips and other information. 61st issue bank reconciliation services should be provided. Statements shall include at least the trading day period, transaction amount, transaction currency, trading merchant name or code, the repayment amount, the minimum payment amount, payment due date, considerations, elements such as card issuing bank phone.
Account service forms by the card-issuing bank and cardholder agree on their own. Issuing banks to provide billing and other services for cardholders credentials, credit card numbers should be partially blocked, may not display the full card number information.
Banking counter operations except for printed business documents.
62nd issuing banks shall provide complaint-handling services, according to credit card products (services) features and complexity to establish a unified and efficient complaint handling procedures, clear complaint handling management and public disclosure of the complaints channel. 63rd issuers credit card expiration card services should be provided, meets the conditions for expired card card holder's card.
Card holders who pass its continued, does not change the card, except for cancellation.
Card holder credit card accounts that are not activated within the validity of the credit card, card-issuing banks shall not offer expired card services. 64th issuing bank credit card account service should be provided, after the confirmation of no outstanding payments of credit card accounts in time for the cardholder account.
When the credit card account, business procurement card account balance should be redirected back to its corresponding clearing account.
By credit card contracts (agreements) or written agreement on notice to the premise of, issuers should be more than 45 days in advance with clear, concise, plain language credit card regulations, products and services, notify the cardholder of impending change.
65th settlement account credit card business operation, in accordance with the regulations of the relevant departments of the State. 66th issuing banks shall establish credit card debt collection management system, standard credit card collections policies, permissions, processes, and ways, effective control of operational risks.
Card issuing bank may not collect used single form assessment of the percentage of recoverable amount in arrears. 67th issuing banks shall promptly expiring overdraft amount, repayment dates and other information to remind cardholders.
Cardholder provided false information, change contact fails to notify the issuer of exceptions. 68th issuing banks should be collection of debtor and his guarantor shall be placed on the third party regardless of the debt collection, not through violence, coercion, intimidation or abusive, unfair collection practices.
The collection process should be recorded, recording for at least 2 years for reference.
69th full of credit card collection letter should disclose the following basic information: card holder name and balance, collection and related regulations, card holders ' rights and obligations, check account status, payment, ways to challenge and provide the relevant evidence, issuing bank contact seal of the related business, regulators of other content.
Issuing banks received the card holder credit card collection object should note the relevant credit card account in a timely manner and verify work carried out. 70th in special cases, confirm the credit card the amount owed exceeds the cardholder repayment ability, and the cardholder repayment will, card issuing bank and cardholder equal consultation and personalized repayment agreement is reached.
Personalized installment credit agreements shall not exceed a maximum period of 5 years.
Personalized installment credit agreement shall include at least:
(A) balance, structure and currency;
(B) the repayment period, repayment amount, currency, date, and each period;
(C) the repayment period whether to charge annual fees, interest and other costs;
(D) the cardholder before full settlement of any personalized installment agreement payments, apply for a credit card to any bank's commitment;
(E) the rights and obligations of both parties and liability;
(F) other matters relating to the repayment. Both sides agree and sign a repayment agreement, card issuing bank and card-issuing business service agencies must stop collection of the cardholder, cardholders do not perform under the repayment agreement except in the case of. Reached a verbal agreement for the repayment, the issuing bank must retain information.
Recording data retained at least as debt settlement day.
71st credit card issuing banks shall not be marketing, receiving a contract (Agreement) contracts, credit approval, transaction authorization, transaction monitoring, financial settlement and other outsource core business issuing business services institutions.
The fifth chapter acquiring business management
72nd acquiring bank should explicitly acquiring business lead management, take coordinated the merchant verification, registration management, equipment management, advanced cash management, risk management, emergency management and other duties. 73rd acquiring bank shall strengthen the qualifications of merchant audit, implement business real-name system, not to create a false business. Merchant information shall include at least the business license, tax registration certificate or tax certificate, the legal representative or the person in charge of identity documents, financial condition or business scale, duration, etc.
Merchant acquiring bank should conduct regular or periodic field surveys, careful verification and update merchant information.
Acquiring bank shall not be doing other business with merchants and reducing the qualification standards and inspection requirements, wholesale, consulting, investment, intermediary category, public service, low rates of commercial or high risk merchants may occur should be strictly audited.
74th acquiring bank may not set the personal bank settlement account to merchant settlement account was included in the unit except for the management of settlement accounts.
Acquiring bank shall provide merchants, merchant service providers to provide secure checkout service, and undertake the corresponding functions of supervision, ensuring that the service accepts credit cards business in compliance.
75th merchants acquiring bank sign shall at least meet the following basic conditions:
(A) legally established Corporation or other organization;
(B) engages in business and industry in accordance with national laws, regulations and policies;
(C) is not a bank or bank card issuing business service agencies;
(D) the business operators, the business owner (or legal representative) was not in the credit system, the risk of payment card information sharing system, industry risk information sharing system with suspicious or risk information. 76th merchant acquiring bank for online transactions, shall carry out strict examination and assessment to technology to ensure data security and financial security.
Commercial banks are not allowed and not clearly marked on the website the following information network merchant or third party payment acquiring business signed related contracts:
(A) the customer service telephone number, and email address;
(B) security management statements;
(C) return (refund) policy and specific procedures;
(D) the protection of customer privacy statement
(E) use of customer information management requirements;
(Vi) other bank-related information management system requires.
Acquiring bank shall, in accordance with outsourced management requires the Agency to supervise the third party payment platform management and responsible tenants signed a contract with the third party payment platform of unscheduled qualification or transactions and spot checks to ensure that provide services for businesses engaged in legitimate business. 77th article received single bank should strictly according to national legal regulations, and related industry specification and business rules set merchant name, and merchant coding, and merchant category code, and merchant service category code,, retained real full of merchant address, and accepted terminal installation locations and using range, and accepted Terminal bound communications way and number, and corporate (or head), and contact, and contact phone, information, strengthening special merchant training and trading check work, and real, and accurate, and full to passed credit card trading information,
Credit card transaction authorization and risk monitoring for the issuing banks provide accurate information.
Acquiring bank transaction detail information requested from third-party payment platform, you must include the transaction object identification number of the third party payment platform in order to assist the cardholder to protect their legitimate rights and interests.
78th acquiring bank should ensure that the merchant in accordance with network general principles accepted credit cards, merchants refused to accept shall not appear with Network General management requirements of credit cards, or card to card holders are charged an additional fee for using a credit card, and so on.
79th merchant bank merchant management system should be established, depending on the business type and business classification management of businesses, strict control of transaction processing and refund programs shall not decrease has other business dealings with merchants merchants trading requirements.
80th risk to merchants acquiring bank should conduct comprehensive evaluation and classification management, grasp its scope of business, locations, legal representative or the person in charge, bank card processing terminal machine addresses and use of important information such as changes to the scope, and constantly improve the monitoring mechanism.
Acquiring bank merchants should be towards a regular on-site verification system, with emphasis on checking their bank card acceptance terminals used, installed address, machine ID is consistent with the agreements that have been signed.
By mail, phone, TV and Internet merchants selling goods or services such as, acquiring bank shall adopt specific risk control measures, strengthening and monitoring transactions, increase the frequency of on-site verification. 81st acquiring bank should be according to the merchant's business properties, business characteristics, operating conditions, dynamic turnover ceiling set by merchants.
On special merchant volume bursting increased, and frequently appeared large trading, and integer amount trading, and turnover and business status obviously inconsistent, and dispute payments high, and refund trading too much, and back amount high, and arrears refund amount high, and appeared refund fraud, and illegal trading, and merchant business content and merchant category code inconsistent, and or received issuing bank risk tips, situation, received single bank should timely survey processing, and timely take effective measures, reduced appeared received single business loss of risk.
82nd article on confirmed has appeared false application, and credit card sets now, and measuring recorded customer data information, and leaked account and trading information, and malicious failed, fraud behavior of special merchant, received single bank should timely take removal accepted Terminal, and properly retained trading records, related evidence and submitted police organ processing, and included blacklist, and entry bank card risk information system, and and related bank card organization shared risk information, effective of risk control measures.
83rd acquiring bank shall establish independent marketing and risk management mechanism, responsible for market development, merchant quality audit, service and authorization, exception, transaction monitoring, receiving terminal key management, receiving Terminal keys downloads, receiving terminal filling functions such as personnel and positions may not be each other and gang.
84th acquiring bank shall establish and improve the mechanism for acquiring business accepting terminal management, management account, timely registration and update the receive terminal location, usage and is not checked on a regular basis. On special merchant proposed of added, and replaced, and maintenance accepted terminal of requirements, received single bank should perform necessary of verified program, found special merchant has moved machine using, and rental, and lending or beyond its business range using accepted terminal of situation, should immediately take removal accepted Terminal, and properly retained trading records related evidence, effective of risk management measures, and will special merchant, and merchant statutory representative people (head) name, and
Merchant's legal representative (head of) identity document relevant information such as bank card risk information sharing system. 85th acquiring bank shall strengthen the management of acquiring business mobile accepting terminal to ensure that different devices use different terminal of master keys and replacement.
Merchants acquiring bank should be thoroughly examined to install Mobile Terminal application admissibility, besides air, food and beverage, traffic fines, door-to-door charges, mobile sales, logistics and distribution is the use of mobile merchants accepting the final demand, but other types of tenants without acquiring bank shall be installed to move the head office approval processing terminal.
86th acquiring bank shall be in strict technical means for acquiring business mobile monitor the use receiving terminals, did not a return visit on a regular basis, ensure the acquiring business mobile acceptance terminals is not beyond the scope of agency used across regions.
87th merchant acquiring activities accepted by the Bank should ensure that the Terminal all partially blocked print credit card number on a receipt, transfer transactions transfer card numbers reserved, pre-authorization transaction card and IC card except for offline transactions.
Acquiring bank and single service agencies should ensure that business systems can only be stored for transaction clearing, financial settlement, error handling the most basic account information required shall not be stored in any credit card track information, card verification code, personal identification number and other information. 88th acquiring bank should be acquiring business contracts with merchants.
Acquiring business contracts should be clear at least the following matters: rights and obligations of the parties, business processes, acquiring business management, legal and economic responsibility, mobile acceptance Terminal and card transactions, management, legal and economic responsibilities, assist in the investigation process and contents of responsibility, deposit terms, privacy and data security provisions, and other provisions. 89th acquiring bank, acquiring business service agencies should be acquiring business contracts with merchants.
Acquiring business contracts should be clear at least the following matters: acquiring business marketing subjects, acquiring business management subjects, the rights and obligations of the parties, the legal and economic responsibility of the parties, and mobile receiving terminal-related liability and financial responsibility, no card transactions related to legal and economic responsibility, to assist in the investigation process and contents of responsibility, confidentiality, and data security provisions and so on.
90th merchant bank merchant may not be audited and enter into contracts, capital settlement, follow-up inspections and checks, receiving terminal key management and outsourcing key download to acquiring business services.
The sixth chapter business risk management
91st credit card operations of commercial banks should set clear development strategy and risk management plans, establish and perfect internal control of credit card business, authorized management and risk management system, organization, system, process, and post, a clear division of labour and responsibilities.
Commercial banks can be based on the principles of voluntary and confidential, and bad behavior appears in the credit card business marketing personnel, cardholders, merchants, service providers and other relevant risk information is shared, and enhance cooperation in the field of risk management.
92nd commercial banks should asset classification and management of credit risks and classification criteria are as follows:
(A) the normal categories: cardholder in accordance with the prescribed rules of repayment before the payment due date (inclusive) full reimbursement of payments.
(B) special mention: the cardholder not complying with the prior agreement of loan repayment on the payment due date full reimbursement of payments, overdue days 1-90 days (inclusive).
(C) secondary categories: cardholder not complying with the prior agreement of loan repayment on the payment due date full reimbursement of payments, overdue days 91-120 days (inclusive).
(D) doubtful: cardholder not complying with the prior agreement of loan repayment on the payment due date full reimbursement of payments, overdue days 121-180 days (inclusive).
(V) loss: cardholder not complying with the prior agreement of reimbursement payments for loan repayment on the payment due date and in full, for more than 180 days past due.
In business system can support, and classification operation legal collection rules, and classification method and data measuring way has China silver prison will and related sent institutions approval agreed, premise Xia, encourages commercial banks used more carefully of credit card assets classification standard, continued concern and regularly than on and of related of reserves meter mention, and risk assets measurement, link of important risk management index, and take corresponding of risk control measures. 93rd commercial banks should establish a sound credit risk control system and emergency plan, and effectively guard against operation risks.
Risk assets should be directly included in the corresponding categories of the following:
(A) the cardholder arising out of the use of fraud to apply for risk assets, the use of credit cards, is confirmed, shall be included in category doubtful or loss directly.
(B) due to an internal crime or collusion modus operandi risk assets should be directly included in the doubtful or loss.
(C) due to system failure, error risk assets should be directly included in the suspect category or loss categories.
(D) sign personalized repayment agreements outstanding risk assets should be included directly after secondary classes or doubtful.
94th issuing banks should be continuous monitoring of changes in asset quality of credit card risk, related to reserves set aside in accordance with provisions of relevant departments of the State. 95th issuing banks should strengthen asset identification and verification of credit card risk management, timely identification and verification.
Credit basis, of bad debt confirming accredited, verification conditions comply with the provisions of relevant departments of the State.
96th-issuing bank should establish scientific and reasonable risk indicators for monitoring, timely adopt appropriate risk control measures.
97th the issuing bank shall, in accordance with developments in the credit card business, using econometric models support credit risk management, development of model development, testing, validation, checking, adjusting, monitoring, maintaining, auditing and other related management system, clear the use of econometric models range.
98th card issuing bank should strictly enforce capital adequacy ratio requirements, unused credit cards credit, included in the commitment to the project "other commitments" outside risk-weighted assets calculated, for 50% credit conversion factors and determine the appropriate risk weight based on credit card transaction.
99th commercial banks should implement a single customer credit concentration risk management regularly focused unit cards line of credit and advances total, continuous monitoring of Unit contracted party cards in Bank loan credit and its use, and authenticity card transactions carried out on a regular basis and purpose of the inspection work, prevent acts of acquiring loans with bogus transactions.
Supervision and administration of the seventh chapter
100th article CBRC and its local authority imposed on credit card business off-site and on-site inspections, monitoring and assessment of credit risk, credit card business and related industry self-regulatory organization for guidance and supervision.
In the course of on-site inspections and risk assessments, inspections and assessment personnel shall comply with the relevant provisions of the safety management of commercial bank's credit card business.
101th launching the credit card business of commercial banks should be in accordance with the relevant provisions of the CBRC, China submitted to the credit card business statistics and management information.
102th commercial banks should on a regular basis the credit card business development and management of the self-assessment, the annual preparation of the annual assessment report of credit card business.
103th annual assessments of the credit card business of commercial banks shall include at least the following:
(A) the credit card business organization structure and staffing of the Executive of the year overall;
(B) the annual basic credit card business operating situation analysis;
(C) the overall capital structure and asset quality of credit card business;
(D) the structure of different types of credit card business assets and asset quality;
(E) the credit card business is risk analysis and risk management;
(Vi) credit card business compliance management and internal control;
(VII) has outsourced the operation and management of the credit card business;
(VIII) handling of complaints;
(I) the next year, the credit card business development plan;
(10) regulatory agencies required to report other matters.
104th national annual assessments of the credit card business of commercial banks should be submitted prior to the end of March next year, China Banking Regulatory Commission (in duplicate), CC, Head Office (corporate) branches or companies registration agency of the China Banking Regulatory Commission.
In accordance with the relevant provisions can only be engaged in business activities in a particular city or region of the commercial bank, commercial bank branches authorized to run some or all of the credit card business (Operations Center) shall, before the end of March next year reference section 103th related materials submitted to the local agency of the China Banking Regulatory Commission. 105th commercial banks should set up a credit card business of major accidents and risk of incident reporting system, and the China Banking Regulatory Commission and its agencies to maintain regular communication.
Major accidents and risks within 24 hours after the event should be reported to the local Office of the China Banking Regulatory Commission and related, and keep an eye on developments, to submit follow-up information.
106th China Banking Regulatory Commission will conduct examination over the credit card business, shall, in accordance with inspection regulations check working group and related business training, should be invited to the credit card business of commercial bank management and technical personnel in its credit card business overall framework, operational management, important business operation system and important electronic device management requirements.
107th commercial banks do not meet the conditions laid down in this way, without launching the credit card business, China Banking Regulatory Commission and its relevant agencies should be ordered to immediately stop offering credit card business of commercial banks, according to the People's Republic of China Banking Regulatory Act article 45th taking regulatory measures. 108th in violation of these regulations to require the credit card business of commercial banks, the China Banking Regulatory Commission and its relevant agencies shall instruct the Bank to correct within.
Bank fails to mend, the China Banking Regulatory Commission and its agencies under the People's Republic of China Banking Regulatory Act, 37th, 46th, 47th, as stipulated in the relevant regulations. 109th article commercial banks in carried out credit card business process in the, violation carefully business principles led to credit card business exists larger risk hidden, and cooperation of institutions engaged in or was criminals using engaged in illegal violations activities 1 years within reached 2 times of, by China silver prison will and sent institutions immediately suspended the commercial banks related new issuing business or development new special merchant of qualification, ordered deadline corrected; late not corrected or security hidden in short time within to solution of, China silver prison will and sent institutions except take
People's Republic of China Banking Regulatory Act article 46th supervision measures, as the case may be to take the following measures:
(A) order to commercial banks, the relevant branch or franchise agencies restrict (or pause) credit card issuing business or acquiring business;
(B) order to commercial banks, the relevant branch or franchise agencies restrict (or pause) development of new credit card holders;
(C) order to commercial banks, the relevant branch or franchise agencies restrict (or pause) develops new merchant credit card business;
(D) be ordered to stop approval of the additional operations center;
(E) to order the suspension of the introduction of new services;
(Vi) other prudential regulatory measures. 110th commercial banks, branches or related operations center after rectification shall be made to the regulator or its related agencies to submit corrective action reports.
The CBRC acceptance or its related agencies ensure compliance with prudential rules and of the relevant provisions of these measures, from the date of acceptance of the completion of disarmament within the 3rd to the relevant regulatory measures.
111th in the credit card business of commercial banks in the process violates other relevant laws, administrative regulations and rules, by the CBRC and its local agencies pursuant to relevant laws and administrative rules and regulations for supervising, supervision and take appropriate measures.
The eighth chapter by-laws
112th explain these measures by the China Banking Regulatory Commission.
113th article this way before the relevant credit card promulgated regulations inconsistent with these measures, is subject to this approach.
114th in the People's Republic of China territory by the China Banking Regulatory Commission approved the establishment of other banking institutions in the credit card business, relevant provisions prevail. 115th these measures come into force on the date of promulgation. Had already offered the relevant business and not in the rules, to be finished within half a year.
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