Chapter I General provisions article to strengthen the supervision of banks, regulate the on-site inspections, enhance on-site inspection quality, promote the healthy development of the industry, according to the People's Republic of China Banking Regulatory Act and the People's Republic of China commercial bank law and other relevant laws and regulations, these measures are formulated.
Second article this approach by said site check, is refers to silver prison will and the sent institutions sent check personnel in banking financial institutions of business management places and other related places, take check out, and copy file information, and collection data information, and view real, and external survey, and interview, and asked, and assessment and the test, way, on its company governance, and risk management, and internal control, and business activities and risk status, situation for supervision check of behavior.
Third inspection is the CBRC and the Agency of an important part of the regulatory process, correcting disadvantages through check, check verification, evaluation guide, warns deterrence functions, urged banking institutions to carry out national macroeconomic policies and regulatory policies, improving the level of management and legally sound operation, maintenance of banking institutions and systems security, to better serve the real economy developments.
Fourth local Office of the China Banking Regulatory Commission and on-site inspections should be carried out in accordance with the laws, administrative rules and regulations and normative documents determining the responsibilities, powers and procedures.
CBRC fifth and sending institutions and personnel to conduct inspections (hereinafter Inspector) to conduct inspections according to law, should be objective and impartial, realistic, duty of loyalty, integrity, keep it a secret.
The CBRC and the Agency should strengthen the construction of on-site inspection system of discipline and integrity, strengthening oversight of inspectors honesty in politics. Sixth China Banking Regulatory Commission and the Agency to carry out on-site inspections, checked shall cooperate with the institutions and their staff members to ensure relevant information provided is true, accurate, complete, timely, and may not refuse or obstruct and hide.
During the inspection, is for on-site inspections by censor board should provide the necessary working conditions and job security.
Find institutions and their staff without consent of the local Office of the China Banking Regulatory Commission and, inspection and information may not be disclosed to the outside.
Seventh on-site inspection referred to in article this way include comprehensive inspections, special inspection and follow-up inspections, ad hoc inspections and audit survey.
Comprehensive check is within a certain period to incorporated company governance, management and operational activities and the risk of a comprehensive examination, in principle at least once every 5 years.
Special inspection is to censor certain business areas, region specific checks.
Follow-up examination is to censor site significant problems discovered in the inspection reform implementation checks.
Ad hoc inspections are based on superior major deployments or major incidents against banking institutions to carry out inspections.
Audit survey is the use of on-site inspection methods on specific matters of specific investigation activities.
Article eighth China Banking Regulatory Commission and the Agency should establish and improve on-site examination management information system, share the inspection resources, improve the efficiency of on-site inspections.
The Nineth CBRC and agencies should be strictly in accordance with the laws and regulations of the program site inspection project budget, compliance check the cost.
Tenth China Banking Regulatory Commission and the Agency should be equipped with commensurate with the inspection tasks of the inspection force, strengthen site inspection personnel training, enhance the level of on-site inspections, on-site banking supervision in check as a training team and an important way to improve regulatory capacity.
11th the CBRC and in on-site inspections, the Agency should strengthen communication and coordination, establish an effective inspection mechanism.
Chapter II responsibilities 12th China Banking Regulatory Commission and the Agency in accordance with "the who project, who organized and who is responsible for" work, carry out on-site inspections.
13th China Banking Regulatory Commission responsible for coordinating system-wide site inspections, on-site inspection of the Organization to a national banking institutions, system-wide special inspection of major organizations, ad hoc inspections and audit survey, on-site inspections of local corporate bodies to co-ordinate and guide, to the agency assessment of on-site inspection and evaluation.
14th spot checks within the various agencies responsible for co-ordinating their work, organize on-site inspections of banking financial institutions within its jurisdiction, organization-wide jurisdiction of special inspections, ad hoc inspections and audit survey, complete inspection tasks that higher authorities deployed, on the lower level guidance, assessment and evaluation of the on-site inspection.
15th according to need, China Banking Regulatory Commission or CBRC is now available on banking supervision bodies, banking regulatory Bureau to its the CBRC supervision agencies directly engaged in on-site inspections. 16th CBRC on-site inspection department is responsible for the centralized management of on-site inspection.
The CBRC and agencies to undertake physical inspection duties of the Department responsible for on-site inspection projects, organizing the implementation of on-site inspections, on-site inspection proposed comments to assess rectification by censor, situation of on-site inspections with supervision, supervision and other departments to communicate function.
Local Office of the China Banking Regulatory Commission and the departments of institutional regulation and functional regulation, pursuant to its mandate, in conjunction with on-site inspection, is responsible for on-site inspection proposed projects recommendation, provide on-site inspection required data, information, and related information, and according to related to the need for an on-site inspection, check rectification.
The 17th China Banking Regulatory Commission and the Agency should strengthen linkage with relevant government departments, inspection of communication, share inspection information according to law, can be combined with other departments when necessary to carry out on-site inspections on areas relevant to business banking institutions.
18th the CBRC and in carrying out cross-border on-site inspection agency, should be under the regulatory provisions of the memorandum of cooperation agreement, and strengthen communication and collaboration with overseas regulators. Chapter project management article 19th CBRC and agencies should strengthen site inspection project management, according to banking institutions law compliance, ratings, risk status and past inspection, determined on inspection frequency, scope, be sure to check the scientific, reasonable and feasible.
Without the approval procedures shall be carried out on-site inspections.
20th the CBRC on-site inspection departments should, in consultation with the Agency regulation, functional supervision and other departments, as well as the banking regulatory Bureau, based on combined examination of resources, making the annual inspection plan, reported to the President for consideration or decision issued by the China Banking Regulatory Commission Chief.
21st on a yearly basis the CBRC on-site inspection plans, site survey plan determine in principle unchanged. Adjustment of the individual projects included in the annual plan is really necessary, it shall explain the adjustments and the reasons for, medium-term focus adjustment once a year.
Adjustment, the CBRC is responsible for the project, shall be approved by the head of the China Banking Regulatory Commission approval for agencies responsible for project, head of the CBRC approval should report to the CBRC on-site inspection departments as required.
22nd as approved by the Chief regulator or regulator, China Banking Regulatory Commission, or CBRC project carried out ad hoc inspections.
The CBRC shall within 10 working days after the interim check project, project report to the higher authorities.
23rd annual on-site inspection plans of the audit investigation into, also applies to temporary inspection process.
Fourth chapter check implementation 24th article silver prison will and the sent institutions organization implementation site check can take following way: (a) by project units organization personnel implementation; (ii) by superior sector deployment subordinate sector implementation; (three) on professional sex strong of field, can requirements banking financial institutions selection meet conditions of third party institutions for check, and will check results report regulatory sector; (four) used meet legal regulations and the regulations provides of other way implementation.
25th China Banking Regulatory Commission and the Agency shall be organized and implemented on-site inspection, inspectors shall be at least two people, and shall provide proof of legal documents and letters.
Inspectors less than two people or not proof of legal documents and letters, banking institutions have the right to refuse the inspection.
26th banking institutions and associated personnel exists is not cooperative, does not reflect the situation or refuse or obstruct the inspection, CBRC and dispatched according to the circumstances, of relevant institutions and individuals to take regulatory measures and administrative penalties.
27th field inspectors perform a site inspection tasks, should remain independent, affecting or likely to affect just performing their duties according to law, should be implemented to avoid, should not participate in discussion on related matters, audits and decisions shall not in any way to influence the related matters.
Was found that inspectors and its stake in bodies, the right to apply for inspectors to avoid.
28th the CBRC and agency shall conduct inspections before the inspection according to inspection tasks, reasonable inspection personnel. Inspection team leader accountability system into practice.
Determine the primary check in the head of the inspection team in the inspection unit, specific organization responsible for site inspections and enforcement.
The 29th unit depending on project requirements, check investigations, analysis and modelling, developing screening programmes, check the training. 30th Inspection Unit should be ahead or coming into the notice in writing checks to the censor board, organized into the talks, and submit to the censor board to cooperate with inspection requirements.
And announced by the head of the head of the inspection or on-site inspection work discipline and regulations, inform the censor inspectors perform their supervisory duties and supervise the implementation of rules, concerning the discipline of.
31st inspection personnel should be required to do work records, examination of evidence, facts and issues identified qualitative.
32nd checking process, should step up quality control, checking facts, issues, accurate, clear responsibilities and qualitative basis full and complete evidence collection procedures.
33rd Inspection Unit through confirmation of the facts, check facts found during the inspection and evaluation of way problems exchanging views with the censor board.
Undertake on-site inspection responsibilities of departments and related departments should strengthen inspection communication. Article 34th after the check is complete, the team should make a site inspection report, and check to be issued by check site submissions.
If necessary, you can check the opinion to be censor board senior management departments or by the censor board of Directors, Board of supervisors, senior management or major shareholders.
35th inspection personnel should collect, collect and check information, record, reflect test results confirmed that the process of checking inspection findings of various types of files, data and materials into the scope of check the archives.
36th audit surveys General site inspection procedures, depending on job requirements and practices, can simplify the process, evidence is not collected, not exchanged views with the survey, does not provide the inspection report and check the submissions, to report as a result of audit investigation.
If found to be involved in the investigation process needs to take regulatory measures or administrative penalties, and shall gather evidence in accordance with the relevant requirements and procedures for processing.
37th field checks projects with special needs, determined by the head of the inspection team, may be appropriate to simplify inspection procedures, including, but not limited to conduct training, into talks, etc.
Fifth chapter examines the way the 38th article inspection process, inspectors may inspect documents and information, view management sites, collecting data and testing equipment, interviews or someone asks, and according to the needs, collection of original, original, copy, record, sound recording, video recording, photography and so on.
May be transferred, concealed or destroyed documents and materials, approval of the head of the inspection team can hold.
CBRC 39th and agencies should continue to improve inspection and analysis system, making full use of information technology tools, analysis, to conduct inspections and improve inspection quality.
Banking institutions should be in accordance with the local Office of the China Banking Regulatory Commission and the requirements needed to complete the examination analysis system, such as data processing, submit work, guarantee the authenticity, accuracy, specifications and related data.
40th inspectors check interviews external audit institutions of banking institutions, an understanding.
When the external audit institution of the banking institutions, in the relevant contract or agreement clearly external auditors have with the CBRC and the responsibilities of local agency check. 41st inspection unit could be redeployed to be found within the audit involved on-site inspections, checked bodies should cooperate. If necessary, may require the internal audit Department of banking institutions for specific projects to be checked. Internal Audit Department shall, in accordance with regulatory requirements to implement inspection, report submitted to the regulatory authorities.
China Banking Regulatory Commission and the Agency should step up its inspection guidance, quality control of inspection and evaluation.
42nd article inspection process, to ascertain the facts, apart from the Inspection Unit also required to check understanding of banking institutions other than the Agency, may request the relevant bodies may be required.
Approved by the CBRC on-site inspection department head, inspectors can complain directly to the relevant understanding of banking institutions, and also commissioned local banking regulatory Bureau to offer assistance. Matters involving cross-jurisdiction of the CBRC investigation, approved by the CBRC officials, sent a letter asking local banking regulatory Bureau to offer assistance.
The CBRC investigation of matters within its jurisdiction, by all banking regulatory Bureau to identify relevant programs and requirements.
Investigation is responsible for access to relevant information, identify relevant information, check the responsibility borne by the inspection unit.
Article 43rd CBRC and agency shall conduct checks for banking institutions, in order to identify suspected violations, by the districts above city level banking regulatory agencies approved, in accordance with the People's Republic of China banking regulatory act of the relevant units and individuals for investigation.
The 44th article CBRC and agencies exercising investigative powers should be subject to the following conditions: (a) the inspection has acquired the banking institutions or related personnel suspected of violating the prima facie evidence, (ii) the related investigation and to exercise limited to units and individuals associated with the alleged offence. 45th and suspected breaches of the relevant units and individuals including those related directly to the alleged violations of civil subject, also did not participate in illegal activities, but the master unit and individual violations.
Main refers to: (a) banking financial institutions of shareholders, and actual control people, and associated enterprise and personal,; (ii) banking financial institutions of customer and trading opponents,; (three) for banking financial institutions provides products and service of enterprise, and market intermediary institutions and professional people,; (four) through agreement, and cooperation, and associated party relationship, legal way expanded on banking financial institutions of control proportion or consolidation its control status of natural, and corporate or other organization;
(E) other matters of banking institutions suspected of violating the relevant units or individuals.
Article 46th when conducting investigations, the investigator shall be at least two people and should produce valid documents and notice of investigation.
Investigators less than two people or did not show any notice of legal documentation and investigation, units or individuals have the right to refuse to investigate.
47th related investigations, investigators may take the following measures: (a) asks the relevant units or individuals, demanding an explanation about the situation, (ii) read and copy documents and materials relating to financial accounting and registration of property rights and (iii) may be transferred, concealed, destroyed or falsified documentation, and antecedent register.
When the 48th investigators to carry out investigations, investigation units and individuals shall cooperate, truthfully explain the situation, and provide the relevant documents and information, and shall not refuse or obstruct and hide.
Way of China Banking Regulatory Commission and agency staff in conducting investigations in accordance with law, by the China Banking Regulatory Commission and the Agency drew attention to the public security organs shall be subject to administrative penalties for public security, constitute a crime, criminal responsibility shall be investigated according to law. Sixth chapter check processing of the 49th for problems discovered in the inspection, the CBRC and the Agency should check the submissions in order to check agency rectify.
Check institution shall, within the prescribed time, and decided to submit corrective action reports.
50th article CBRC and agencies can apply on-site inspection briefing was found superior departments or major shareholders, can also be checked with boards of Directors, supervisors and senior management staff to monitor the conversation, its found a description of the problem and the promise.
51st the CBRC and agency in check look up body was found in violation of laws and regulations, prudential rules, should take the People's Republic of China banking regulatory act of the regulatory measures.
52nd CBRC and dispatched on the spot inspection found violations involving administrative penalties, according to the People's Republic of China banking regulatory act of the China Banking Regulatory Commission on administrative penalties, and regulations.
53rd CBRC and in on-site inspections, the Agency found that banking institutions and their staff, customers, and other related organizations and individuals suspected of a crime, shall, in accordance with the relevant provisions of the CBRC, transferred to the public security organ, a people's Procuratorate and other departments according to law. The 54th after the check, departments should undertake on-site inspection responsibilities will be on-site checks submissions CC institutions sector and other related sectors. Supervision departments should, based on checks, urging implementation of corrective action requests by censor.
If necessary, certain corrective period of observation may be established. Article 55th responsibilities departments are responsible for on-site inspection to assess rectification by censor.
The assessment process is available for modification of the censor reports, requests to censor supplement related materials, interview by censor board personnel supervision Department and other relevant departments, have them heard, when necessary, may conduct a follow-up inspection.
56th by censor board without the required corrective actions, the CBRC and dispatched according to the People's Republic of China Banking Regulatory Act provide for regulatory measures or administrative penalties.
57th China Banking Regulatory Commission and the Agency shall strengthen the inspection and rectification of statistics and analysis, set up on-site inspection feedback and sharing mechanism, as well as the on-site inspections and checks in the past results, follow-up on-site inspection mechanism for deployment the interface and judge.
For universal, systemic risk and problems discovered in the inspection, shall promptly inform the monitoring and risk measures.
Inspection found problems in the supervision mechanism and system, should be put forward proposals to amend and perfect the supervision mechanism and system.
Article 58th CBRC and Agency site inspection findings and issue should be, check the Organization's supervisory ratings and reflected in the risk assessment and, if necessary, adjusted accordingly by censor board regulatory rating and risk assessment, and reference it in its work on market access.
The 59th and the Agency is entitled to in accordance with the relevant provisions of the CBRC, disclosed in a certain range to check information.
Seventh chapter evaluation 60th CBRC and quality control agencies should establish an on-site inspection and evaluation mechanisms, to check the project's scientific, check compliance, inspection results of validity and the duties of inspectors responsible for quality control and assessment.
The 61st article CBRC and the Agency should establish an on-site inspection to the incentive mechanism for checking skills, found serious violation issues, found that significant cases or significant risk, back inspectors significant economic losses may be given recognition awards. 62nd and agencies shall, in accordance with the powers and responsibilities of the CBRC consistent, strict proportionality, the principle of combining education and corrections, improving accountability for on-site inspection and exemption mechanism. For on-site inspection not in compliance duties according to law, should be based on the facts, in accordance with the relevant laws and regulations and accountability of duty-related provisions of the CBRC, accountability to the inspectors.
There is evidence that inspectors have duties of due diligence, exempted from the responsibility of inspectors.
The 63rd for abuse of power, deception, negligence, disclosure was censor commercial secrets obtained by serious violations of on-site inspections, such as discipline officer, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The eighth chapter supplementary articles article 64th CBRC and dispatched according to the daily needs of supervision and petition verification reports and complaints, administrative punishment carried out by investigation, regulatory activities such as visits, inspection or investigation, do not belong to the on-site inspection as provided herein.
65th article this approach by said banking financial institutions, including: (a) in People's Republic of China territory law established of policy sex Bank and commercial banks, and rural credit union, absorption public deposits of financial institutions; (ii) in People's Republic of China territory law established of financial assets management company, and trust, and group financial company, and financial rental company and by Silver prison will and the sent institutions approved established of other non-bank financial institutions; (three) by Silver prison will and the sent institutions approved in outside established of financial institutions.
Local Office of the CBRC 66th and according to their own responsibilities, in accordance with these measures make an on-site inspection procedures and implementation details.
67th article explaining these measures by the CBRC. 68th in these measures come into force on February 14, 2016. These measures prior to the implementation of the relevant provisions is inconsistent with this approach, is subject to this approach.
