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China Banking Regulatory Commission Provisions On Legal Work

Original Language Title: 中国银行业监督管理委员会法律工作规定

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(On November 26, 2005 Bank of China industry supervision Management Committee makes 2005 4th, announced since on February 1, 2006 up purposes) first chapter General first article for specification China banking supervision Management Committee (following referred to silver prison will) of legal work, improve legal work quality and law regulatory level, according to People's Republic of China legislation method, and People's Republic of China banking supervision management method and regulations developed program Ordinance of provides, developed this provides.
    Article CBRC law, these provisions shall apply.
    Legal departments in accordance with the provisions of the Banking Regulatory Commission implement legal work of the Commission.
    The provisions of article III of the said law refers to the regulator to carry out banking supervision, enforcement of laws and administrative regulations, development activities, implementation of regulations and regulatory documents as well as related support.
    Banking Regulatory Commission entrusted with the drafting of laws, these provisions shall apply to the relevant provisions of the draft administrative regulations.
    Fourth law of the CBRC should follow the law, efficient and open manner.
    The CBRC legal work should be standardized, coordinated division of labor, hierarchical accountability.
    Fifth article CBRC established regulations and regulatory documents planned, systematic, targeted and action should be strengthened.
    Chapter II planning and creation of the sixth China Banking Regulatory Commission's legal department shall research based on the legal framework for effective banking supervision, according to our banking development and regulatory requirements, and good practices in domestic and international banking supervision, preparation of banking legislation of medium-and long-term planning.
    Development of banking legislation plan, should be based on the laws, administrative regulations, and guided by the national economic and financial policies.
    Banking legislation under the seventh plan, including the formulation and revision of banking regulations and enact, amend or repeal laws, administrative rules and recommendations.
    Article eighth banking legislation plan, shall solicit the CBRC set up departments, agencies, financial institutions and relevant departments of the State. CBRC set up departments to perform their duties according to need, and the need to establish or modify banking regulations shall apply for inclusion of banking legislation plan, regulatory project application to the CBRC's legal department.
    Regulations project applications should include establishing or modifying the necessity, to solve problems, to be determined by the main system and so on.
    Regulations project application does not comply with the provisions of the second paragraph of this section, departments should be asked to submit project applications added material not added, is not admissible.
    Bodies can carry out their duties of the CBRC required Banking Regulatory Commission Legal Department to enact, amend or repeal regulations proposal.
    Nineth rule creation of applications approved by the Legal Department is responsible for the unity of the CBRC.
    The CBRC's legal department regulatory review project applications from the following areas: (a) to develop or modify the regulations has the necessity and feasibility of; (b) the proposed specification is clear of the main issues and (iii) establishing or modifying regulations can achieve regulatory objectives and (iv) whether the basic way to solve the problem are clear and (e) whether there is a workable regulatory measures.
    Tenth Law of the CBRC according to regulations to establish the project applications and banking legislation, considered overall, overall balance, determine regulatory design, modification projects and legislative proposals.
    The CBRC's legal department audited, that project applications in accordance with the provisions of the regulations, be approved.
    To be included in the legislation plan of the banking sector regulation is inconsistent with existing regulations require amendments to existing regulations, should also be approved.
    Contents of the proposed regulations and current regulations duplicate, no project; can be provided through amendments to the existing regulations, existing regulations should be amended.
    11th the CBRC's Legal Department in determining the regulatory enactment, amendment on the basis of project proposals and project, preparation of draft banking legislation plan.
    Draft banking legislation plan should include the banking legislation of the guiding ideology, basic principles, specific projects, responsibilities and implementation procedures, as well as medium-term and long-term objectives of the banking legislation.
    Banking legislation plan after the Bill is reported to the Chairman of the China Banking Regulatory Commission consideration and approval of the Conference are published. 12th banking legislation planned by the Legal Department is responsible for organizing the CBRC.
    The internal organization of the Commission shall, in accordance with legislative regulation, revision. 13th banking legislation plan should be implemented through an annual regulatory plan step by step.
    Legal departments shall, in each quarter of the CBRC according to the legislative regulations for planning next year's plan.
    Annual regulatory plan should clearly name of the regulations, to solve problems, the intention was that the main system, the drafting of the sector and progress in the work, and so on.
    Annual regulatory plan approval of the Banking Regulatory Commission Chief Executive.
    14th annual regulatory plan can be adjusted.
    The CBRC's legal department according to the actual needs of the supervision and annual regulatory plan of adjustment programmes.
    Not included in the annual regulatory plan, but much-needed development, amendment to the Constitution, the internal organization of the Commission's Legal Department's proposal to increase regulation of the CBRC to establish the project application, legal department approval of the CBRC annual regulatory plan adjustment.
    Annual regulatory plan after the revision of programme approval of the Banking Regulatory Commission Chief Executive.
    15th to enact, amend or repeal the relevant laws, administrative regulations, recommendations by the Legal Department is responsible for uniform handling of the China Banking Regulatory Commission.
    16th the CBRC set up departments can discharge their responsibilities with the need to prepare to enact, amend or repeal of normative documents of the programme, after review by the Legal Department of the China Banking Regulatory Commission approval of the Banking Regulatory Commission Chief Executive. Bodies of the CBRC according to required to perform duties according to laws, administrative regulations, rules and provisions of normative documents of the parent body of normative documents.
    Covering banking of major regulatory systems or regulatory measures, should be submitted to the Legal Department of the China Banking Regulatory Commission to enact, amend or repeal regulations and regulatory documents suggested. Chapter drafted 17th proved the internal organization of the Commission responsible for drafting the regulations that fall within its sphere of responsibility.
    Regulations involving more than two internal organization, by the sectors involved agreed upon or designated by the head of the China Banking Regulatory Commission to take the lead in drafting departments.
    Comprehensive regulations, drafted by the Legal Department of the China Banking Regulatory Commission, or organize relevant departments to set up a working group to draft.
    Bodies of the CBRC trustee assume the specific drafting of the regulations. 18th argument before the drafting of regulations should be drafted.
    Drafting Qian argument can according to following steps for: (a) determine regulations intends specification of main matters; (ii) through held Symposium and seminar, way, heard on about important problem of views; (three) through both at home and abroad research, collection both at home and abroad about legislation information, understand both at home and abroad financial institutions and abroad banking regulatory institutions of practice; (four) determine on about important problem of normative views; (five) argument about normative views of legitimacy, and coordination sex and operation sex; (six) formed argument report.
    Report should include arguments, argument, the views from all sides of the matter for argument and reasoning conclusions and reasons therefor, information with relevant arguments.
    19th regulations generally refer to the name of "rules", "ways" or "rules".
    Use a different name should be conducive to understanding regulations and their effectiveness, and contribute to the implementation of regulations, cleaning and Assembly. 20th regulations should be structured, including the regulatory basis and purpose, scope, general principles, substantive content, procedural provisions and implementation dates, and so on.
    If necessary, the relevant concepts and terms should be explained.
    Regulations should be logical and coordination between various portions, reasonable provisions order.
    21st rule should be comprehensive and for matters governed by a comprehensive and clear rules.
    Norm of specific regulations shall include the applicable conditions or situations, the code and the consequences of violation of the code.
    Rules and regulations of regulatory authority shall require the exercise of regulatory power, conditions, procedures and responsibilities for improper exercise of regulatory authority.
    22nd Regulation shall comply with the provisions of laws and administrative rules and regulations, shall not exceed the upper law authorized or conflict with the superior method. Regulations should be with the China Banking Regulatory Commission regulations or regulations of other departments of the State Council coordination and cohesion.
    Drafting alternative forms of regulations, the regulations of abolition shall be specified in the regulations is replaced.
    23rd regulations can be stipulated by laws and administrative regulations of liability form and set within the context of specific liability stipulated by laws and administrative regulations are not, in accordance with the statutory authority to set its own.
    Rules legal liability should be explicitly liable for acts in violation of specific legal norms, as well as the form and content of legal liability.
    Regulations not to create civil liability and criminal liability.
    24th regulation sets regulatory enforcement and liability should be commensurate with the nature and consequences of illegal or irregular, and rights remedy of parties and other financial institutions.
    Regulatory measures should be set by regulations necessary for regulatory purposes, and helps to reduce the costs of regulation and compliance costs for financial institutions.
    25th regulations that refer to the same other provisions or the provisions of laws and administrative rules and regulations and other regulations should be explicitly referenced provisions. 26th regulatory content in the form of provisions. Provisions can be divided into paragraphs, items, accounts.
    More complex contents and provisions can be divided into chapters and sections of the regulations and, if necessary, can have additional parts such as contents, annotations, appendices, index.
    Serial numbers of the chapters, sections, articles with Chinese number sequentially, not numbered, ordinal in Chinese digital bracket order in order to sequentially number in Arabic numerals.
    27th regulation words should be accurate, standardized and easy to understand and style consistency.
    28th authorization standards, regulations prohibit sexual norms and obligations norm should be expressly to different text, "you can" give norm, "shall not" prohibitive norm, "should" or "must" express obligation are defined.
    29th draft regulations may invite relevant experts, professional institutions, may also appoint experts and professional bodies. Entrusted with the drafting of draft departments should be prepared to entrust the drafting of programmes, upon consultation with the CBRC's legal department head of the China Banking Regulatory Commission for approval.
    Without approval, shall not delegate any entities or individuals outside of the CBRC to draft regulations. 30th drafting departments draft regulations should be full consultation with other relevant departments and agencies.
    Other departments and agencies have different views, full consultations fail to reach a consensus through consultation, should be explained in the draft regulations draft drafting instructions.
    Regulations concerning the responsibilities of other departments of the State Council, drafting Department shall seek the views of other departments of the State Council, working closely with other departments under the State Council shall formulate joint regulations.
    31st for the rule, and the major issues involved, drafting of the sector by the CBRC website or news media public consultation or hearings.
    After the 32nd drafting Department to complete the drafting of the regulations, form regulations draft instructions for their preparation.
    Regulations draft drafting instructions should include the following elements: (a) briefly in the drafting process, (ii) the need for regulatory and (iii) to develop objective and (iv) the structure and content of the regulations (v) solve the problem the main provisions and analysis of rationality and effectiveness; (vi) handling of interested parties and their coordination, and (VII) should be noted other problems.
    Article 33rd Banking Regulatory Commission entrusted with the drafting of draft laws and administrative regulations, drafted by the Legal Department is responsible for organizing the CBRC.
    34th the CBRC set up departments and agencies in the drafting of regulatory documents shall not be incompatible with the provisions of laws and administrative rules and regulations.
    Fourth chapter review published its 35th rules by the Legal Department is responsible for the review of the China Banking Regulatory Commission.
    Article 36th drafting Department regulations draft shall be sent for the CBRC's Legal Department review and submit the following materials: (a) preparation of notes and (ii) report (iii) legislative information at home and abroad; (iv) research reports, case studies, and other resources.
    Accompanying material is not complete, legal departments shall be returned and asked the CBRC added.
    37th sent the CBRC's legal department to review draft of the regulations shall be signed by the head of drafting Department is mainly; several departments jointly drafted, signed jointly by the relevant departments in charge of.
    38th CBRC's legal department to draft regulations, from the whole idea, drafted regulations, provisions, procedures, system coordination, reviewing regulations apply, and so on.
    39th article overall idea of review including: (a) regulations developed purpose whether clear; (ii) developed regulations whether meet regulatory efficiency principles; (three) Regulations provides whether has targeted; (four) whether meet banking run law and development direction; (five) whether fair treats financial institutions, and other units and personal; (six) provides of specific system whether and regulations developed purpose phase consistent.
    40th regulatory content review include: (a) the appropriateness of the name, (ii) if the structure is complete, (iii) style layout is clear and reasonable; (d) the specific logical structure of the specification is complete, (v) substance is comprehensive.
    41st article reviews, including: (a) the term is accurate, patterns are standard, (ii) using the concept specification, writing professional, (iii) language is plain, straightforward, and consistency of style and (iv) the context is clear.
    42nd drafting program reviews include: (a) the regulatory drafting has been included in the legislative plan and annual regulatory plan; (b) it made a full analysis and (iii) related references are informative and (d) whether full consultation with the relevant institutions or public opinion; (v) the differences of opinion were fully coordinated.
    Article 43rd system coordination of reviews, including: (a) whether the content of the regulations consistent with the provisions of laws and administrative regulations, (ii) the coordination regulation and banking supervision legal system, (iii) coordinating regulations with existing laws, administrative regulations, (iv) regulations and other banking coordination and cohesion.
    44th article regulations applies of review including: (a) Regulations of executable sex argument whether full; (ii) whether has necessary of provides guarantees regulations of implementation; (three) Regulations of content whether easy operation; (four) Regulations provides of regulatory program whether efficient, and transparent; (five) implementation regulatory measures of cost whether high; (six) Regulations provides of regulatory terms and regulatory measures whether has implementation conditions.
    45th article has following case one of of, silver prison will legal sector should will regulations trial draft returned drafting sector and description reason: (a) regulations not included legislation planning and annual regulations developed plans of; (ii) Regulations main content and existing legal, and administrative regulations phase conflict of; (three) developed regulations of basic conditions yet mature of; (four) about institutions on regulations main content exists larger dispute, drafting sector not full consultations of; (five) simple repeat existing legal, and administrative regulations and regulations content of;
    (F) flawed regulatory structure and content.
    46th CBRC's Legal Department will rule draft regulations or draft involves problems sending units and individuals for their comments, or main issues involved in the draft regulations for investigation; major issues involved, through such forms as seminars, feasibility study meeting, listening, research and demonstration.
    47th CBRC law departments communicate fully with the drafting of the sector on the basis of the presented views on the review of the draft regulations.
    48th drafting departments shall, according to the China Banking Regulatory Commission's Legal Department review, amendment to the Constitution draft instructions for their preparation. Different comments on the review of the draft sector, shall consult with the Legal Department of the China Banking Regulatory Commission.
    Consensus cannot be reached through consultation, issue, the views of the parties concerned in the drafting should be explained in the notes. 49th drafting departments draft regulations and drafting instructions for the modified, sent the CBRC's Legal Department for review.
    Legal Department review of no objection by the CBRC, forming and preparation of notes on the draft regulations.
    And preparation of notes on the draft regulations by the drafting Department Chief and Legal Department Chief of the CBRC signed, attention of the Chairman of the China Banking Regulatory Commission meeting.
    Legal drafting of the CBRC or draft regulations prepared by the Organization, signed by the Legal Department Chief of the China Banking Regulatory Commission, drew attention to the Chairman of the China Banking Regulatory Commission meeting.
    50th draft regulations should be considered by the meeting of chairpersons of the CBRC decisions.
    Chairman of the China Banking Regulatory Commission meeting consideration of the draft regulations, drafted by the drafting Department for instructions, for review by the regulator's legal department.
    51st drafting departments shall, according to the Chairman of the China Banking Regulatory Commission's deliberations on the draft regulations be modified to form revised the draft regulations, and approved by the China Banking Regulatory Commission will countersign legal departments report to the CBRC Chairman, announced in the form of the CBRC.
    Need regulations in conjunction with other departments under the State Council shall, after the CBRC Chairman, sent signed by relevant departments under the State Council in charge, in the form of the CBRC announced.
    52nd published regulations the CBRC shall set forth the rules and regulations of the enacting body, number, date of adoption, regulations name announced, Chairman of the execution date, signature and date.
    Rule shall be at CBRC bulletin and posted on the CBRC website, or in any other manner. The 53rd commencement dates should be specified in the regulations the regulations.
    Regulation should come into force 60 days after the date of promulgation, but immediately after the announcement implemented could affect regulations to implement or is likely to seriously affect the stability of the banking sector, can come into force on the date of promulgation.
    54th rule come into force from the date in the 30th, responsibility of the regulator's Legal Department in accordance with the Archivist filing of regulations and provisions of the Bill to the State Council for the record.
    55th regulations need to translate foreign-language reference text, drafted by the drafting Department explained in the notes, the CBRC's legal department may also make recommendations in the review, determined by the head of the China Banking Regulatory Commission.
    Reference texts in foreign languages by the legal authorities and the Department of international organizations of the CBRC translation and validation, translation work can be employed as relevant professional organisations or personnel to assist.
    56th amendment to the Constitution, applicable provisions of this chapter and the chapter on regulatory drafting and review of the revised draft provisions of the regulations, upon following consideration by the Conference, the Chairman of the CBRC, released in the form of the CBRC. Drafting of draft laws and administrative regulations, and by the Legal Department of the China Banking Regulatory Commission in drafting or in the process of drafting the applicable provisions of this chapter relating to regulatory review.
    Legal and administrative regulations drafted by the Chairman of the China Banking Regulatory Commission reported to the State Council after the meeting. 57th the internal organization of the Commission draft regulatory documents, should be sent for legal departments in legality of the Banking Regulatory Commission review.
    After examination and approval by the Legal Department, signed by drafting departments reported to the head of the China Banking Regulatory Commission, to be published in a document.
    Normative documents on the CBRC bulletin and published on the CBRC website.
    Article 58th institution developing normative documents of the CBRC, by the Agency's Legal Department is responsible for the review.
    59th regulatory documents shall be established by the institutions of the CBRC published in the 30th, and reported by the Agency's Legal Department is responsible for the superior record.
    Normative documents submitted for the record in accordance with the provisions of the CBRC and its agency of the provincial law Department filing; violation of laws, administrative regulations or the regulations, or its provisions are inappropriate, parent body, no registration, and may be set aside or seek to amend the normative documents.
    Financial institutions, other entity or individual that standard-setting bodies of the CBRC document with laws, administrative regulations or rules conflict, can contribute to the regulator or its provincial agencies review recommended in writing, by the China Banking Regulatory Commission or its provincial branches of the legal research process.
    60th institutions can be of the CBRC local regulations, local government regulations the draft and comment on the draft regulatory documents, related to major problems in the banking industry, it shall report to the CBRC decisions.
    Institutions can be of the CBRC local people's congresses and local Government requested comments on draft laws and draft regulations.
    The fifth chapter interpretation and consultation article 61st banking regulators responsible for explaining the banking regulations.
    Any of the following circumstances, you can explain the regulations: (a) the need to further clarify the rules and regulations of the specific meaning of; (b) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the.
    62nd regulator Agency, the CBRC directly supervised financial institutions can contribute to the CBRC regulations interpretation requests.
    Bodies of the CBRC supervision of financial institutions by location agency escalation of the CBRC, submitted to the CBRC rules request.
    Asked to interpret regulations, shall provide the applicant's basic situation, specific problems encountered and their backgrounds, need to explain the specific provisions and other material.
    63rd rule interpretation should be guided by the following principles: (a) the principle of interpretation only; (b) the principle of respect for the regulatory purposes; (c) the timely and open.
    China Banking Regulatory Commission will set up departments, agencies, other units and individuals that the regulation's explanation does not have the force of regulations interpretation.
    64th the CBRC's Legal Department is responsible for organizing the drafting of regulations or lead the drafting Department regulations draft interpretation.
    Preparation of draft regulations interpretation should seek the views of relevant internal departments of the CBRC.
    65th regulations draft interpretation, as drafted or lead the drafting Department's Director and head of the Legal Department of the CBRC signed, submitted by the Legal Department of the China Banking Regulatory Commission Chairman of the China Banking Regulatory Commission meeting, to be published in a document.
    Legal drafting of the CBRC or organization preparing the draft interpretation of the regulations, signed by the head of the Legal Department of the China Banking Regulatory Commission later, submitted to the Chairman of the China Banking Regulatory Commission meeting, to be published in a document.
    66th interpretation of regulations and the regulations of the CBRC shall have the same effect.
    67th in banking supervision needs to be further clarified in the relevant laws and administrative regulations of the specific meaning of, the CBRC may ask the State Department to explain the administrative regulations, or to request the State Council to the Standing Committee recommendation regarding the interpretation of the law.
    68th regulator Agency, financial institutions in accordance with the provisions of the 62nd article submitted to the CBRC to interpret normative documents developed by the CBRC requirement.
    Asked to interpret normative documents developed by the CBRC, drafted by the drafting Department or lead department draft regulatory documents explain, after taking the CBRC's legal department checks, head of the CBRC announced approval.
    69th CBRC is applicable banking laws, administrative rules, regulations and regulatory documents issues, provision of legal advice.
    70th article CBRC and its legal department is responsible for the Agency reply regarding the uniform development of legal advisory, and asked questions and reply to comments filed for registration.
    Response to legal advice should be taken in writing.
    71st the CBRC shall respond to the Supreme People's Court, the Supreme People's Procuratorate and other Central Government institutions, as well as the CBRC directly supervised financial institutions for legal advice.
    Bodies of the CBRC shall respond to the local legislature, the judiciary, government departments, financial institutions, legal advice.
    Legal consultation, shall provide the basic situation, need to answer specific legal issues and background information.
    Not legal advice in accordance with the provisions of this article, is not admissible.
    72nd answers legal advice shall, in accordance with the host computer is better than a lower level law, lex superior to general principles of law, the new law is better than the old method, considering laws, administrative regulations, relevant judicial interpretation provisions, banking regulations and regulatory documents, consultation for the provision of targeted advice.
    73rd CBRC sent a reply regarding the Organization for legal advice, and should be reported to higher authority Legal Department. Agency responses of the CBRC disagreed and decided by the parent bodies.
    Error responses, should seek to redress.
    74th the CBRC and its local agencies the Legal Department is responsible for guidance on financial institution's legal work, and exchange of information, legal research, dispute mediation, and so on.
    75th CBRC and its local agency's Legal Department is responsible for banking supervision law in coordination with the judicial authority. The CBRC and its local agencies within the sector needs coordination with judicial authorities, should be provided to the legal services of the institutions intended to coordinate matters and related information, coordinated by the Agency's legal department.
    The internal organization shall support and coordinate its work with the legal department.
    76th Legal Department of CBRC and its local agencies responsible for providing legal advice of this body, the following: (a) the major decisions of the banking supervision, (ii) access to markets, prudential regulation and market supervision, (iii) other matters.
    Providing legal advice on matters listed in the first paragraph of this article should be on the issues of the legality and feasibility was carried out, if necessary, it shall submit a legal solution.
    77th CBRC and its local agencies within the Department to seek legal advice, shall apply in writing to the Agency's Legal Department, and specific issues, problems and preliminary recommendations and other materials.
    The CBRC and its local agencies within the sector in the implementation of laws and administrative regulations, rules and regulatory documents of different views, and legal departments to coordinate can be brought to this institution.
    78th the CBRC's Legal Department the legal services of the institutions of the CBRC's work in guiding, and answers to questions of law, coordinated working relationship rule differences of opinion.
    The CBRC for an agency to respond to legal issues raised, it should be copied to other agencies.
    Sixth chapter evaluation of the 79th China Banking Regulatory Commission shall be the banking laws and administrative rules and regulations on the implementation and results, as well as the formulation of regulations and regulatory documents of quality evaluation of the effectiveness, implementation and enforcement.
    80th examination and evaluation by the China Banking Regulatory Commission CBRC about legal organizations within the sector, the Agency implemented.
    Legal services of the institutions of the CBRC is responsible for examination and evaluation of specific work within the organization. 81st article check evaluation banking legal, and administrative regulations, and regulations and normative file, should followed following evaluation standard: (a) meet upper method provides, has legitimacy; (ii) mutual convergence consistent, has coordination sex; (three) structure and content full, and clear, has complete sex; (four) can get effective implementation, has operation sex; (five) can promote banking stable and specification development, has effectiveness sex; (six) easily understanding, General cognitive, has universal sex; (seven) regulatory institutions strictly implementation,
    Financial institutions implement high compliance rate, (VIII) comply with financial institutions, the public and other parties of interest, high degree of recognition.
    82nd CBRC and its local bodies for the purposes of evaluation responsibilities legal departments to carry out the following checks: (a) development of evaluation of programmes, (ii) organize the implementation of evaluation work, (iii) social assessment information analysis (iv) based on the evaluation findings, suggest improvements and (v) organize examination and evaluation system of professional training.
    Legal Department of CBRC and its local agencies responsible for guidance, supervises the Agency's Legal Department inspection and evaluation work. 83rd article for check evaluation, can using following way gets of information and information: (a) check evaluation research; (ii) law enforcement check; (three) analysis site check report; (four) research judicial organ recommends; (five) investigation illegal crime case; (six) legislation explained and regulations explained; (seven) legal advisory and provides legal views; (eight) legal publicity and training.

    84th evaluation includes the following implementation: (a) evaluation of periodic or non-periodic comprehensive inspection, (ii) special inspection assessment; (c) the evaluation of regulatory enforcement; (d) the evaluation of the compliance of financial institutions.
    85th institution of the CBRC shall, before the end of October of each year for their enforcement of banking laws, administrative rules and regulations and important normative documents for examination, submit an annual evaluation report.
    The CBRC shall, before the end of December of each year, summarizing the situation throughout the country, of the Banking Regulatory Commission last year to enforce the law and administrative rules and regulations and important normative documents for examination, submit an annual evaluation report.
    Important banking laws, administrative rules, regulations and regulatory documents, the CBRC's legal department can organize special inspection, proposed special inspection evaluation report.
    86th Banking Regulatory Commission issued rules and important normative documents implemented 18 months later, the CBRC's legal department shall, within 6 months for check, submit an evaluation report.
    Drafting departments or lead drafting sector evaluation programme should be in place before implementation of the inspection check.
    87th article check evaluation report should including following content: (a) according to this provides 81st article provides of check evaluation standard for of specific analysis; (ii) banking legal, and administrative regulations, and regulations and normative file implementation in the exists of problem and reasons analysis; (three) developed, and modified or abolition related legal, and administrative regulations, and regulations and normative file of recommends; (four) improved regulatory law enforcement work and responsibility held of recommends; (five) need report of other matters.
    For the first paragraph of this section (c) provision of recommendations by the Legal Department of the China Banking Regulatory Commission pursuant to the provisions of the relevant regulations.
    88th article CBRC set up departments and agencies in regular supervision should timely feedback with the CBRC legal examination and evaluation information.
    The CBRC about the internal organization and on-site inspection report, the Agency should be imposed on financial institutions in the banking laws, administrative rules, regulations and regulatory documents to assess the situation.
    Seventh chapter clean compilation 89th CBRC's Legal Department should be guided by the legislative planning, regularly organizing the CBRC within government departments and agencies, the Banking Regulatory Commission issued rules to clean up.
    According to the results, the regulation needs to be revised and formulated by the CBRC's Legal Department in the annual regulatory plan.
    90th article has following case one of of, should on regulations for amendment: (a) developed new of upper method, or upper method amendment, and abolition, needed for corresponding amendment of; (ii) national policy occurred changes, needed for corresponding amendment of; (three) market situation occurred changes, existing regulations has cannot completely adapted reality need of; (four) and other regulations of provides not coordination, need amendment of; (five) competent organ or implementation organ change of.
    Revision of regulations of standards and procedures for the application of this provision with regard to regulatory requirements.
    91st article has following case one of of, should abolition existing regulations: (a) upper method amendment or abolition and lost legislation according to of; (ii) by specification of matters has by upper method be specification of; (three) by specification of matters by new of regulations be specification of; (four) by specification of matters has implementation finished or has not exists, regulations no continues to exists necessary of.
    92nd CBRC's legal department may need to repeal the regulations is proposed on an annual list, Chairman of the China Banking Regulatory Commission announced consideration.
    Drafting Division or lead to the drafting of the regulations deems the abolition of regulations of the Department, may appeal to the Legal Department of the China Banking Regulatory Commission recommendation of the repealed regulations.
    93rd work on regulatory documents developed by the CBRC, the provisions of this chapter shall apply to clear regulations.
    Bodies of the CBRC's work on regulatory documents, organized by the Agency's Legal Department implemented.
    94th CBRC legal departments shall regularly organize on banking laws, administrative regulations, classification, arrangement and compilation of regulations and regulatory documents.
    The CBRC's Legal Department is responsible for banking laws, administrative regulations, rules and regulatory documents compilation of published work.
    95th article banking legal, and administrative regulations, and regulations and normative file compilation of content including: (a) involved banking of international treaty, and international agreement and understanding memorandum, file; (ii) involved banking of legal, national NPC and Standing Committee through of resolution, and decided and command; (three) involved banking of administrative regulations, State released of decided and command; (four) silver prison will released of regulations and normative file; (five) judicial organ released of involved banking of judicial explained;
    (Vi) other covering banking regulations issued by the relevant departments under the State Council.
    Eighth chapter legal work Committee of experts article 96th China Banking Regulatory Commission will set up a Committee of experts on legal work as a legal advisory body.
    97th CBRC law departments should develop legal work programme set up of the Committee of experts, reported to the meeting of chairpersons of the CBRC approval organization.
    98th legal expert member of the Commission of experts established pursuant to article 15.
    Expert implementation of appointment system, finished their terms of 2 years.
    Legal expert Commission is composed of the following: (a) legal and regulatory staff of the CBRC and its local agencies, (ii) other financial regulatory agencies and the staff of financial institutions, (iii) academic researchers and (iv) staff of the relevant departments and organizations. The third paragraph of article (a), (b) and (d) of the persons listed should have at least 5 years experience in finance, law, familiar with the domestic and international financial, legal theory and practice, and enjoys a good reputation in the field of employment.
    (C) persons listed should have a PhD in law, economics or senior, and achieved outstanding academic achievement.
    99th article experts members bear following work: (a) on effective bank regulatory legal system framework, and regulations developed planning, proposed recommends; (ii) on banking regulations and important normative file drafting proposed argument views; (three) on banking legal, and administrative regulations, and regulations and normative file of cleanup proposed specific recommends; (four) on regulations explained and legal advisory of major problem proposed views; (five) on banking legal, and administrative regulations, and regulations and normative file proposed assessment views and recommends;
    (Vi) other work commissioned by the CBRC. 100th article CBRC legal departments to set up a secretariat as a legal expert Committee of the daily offices.
    Secretariat is responsible for legal matters of organization and coordination of work of the Committee of experts.
    101th plenary meeting of the Committee of experts on legal work every six months.
    CBRC's legal department can call on all or part of the Committee of experts held a special argument session.
    Expert Committee member should attend the meeting, and submit written comments to the Conference.
    The 102th Expert Committee member shall keep confidential the State secrets, business secrets and other secrets of CBRC claim.
    Without the permission of the CBRC's Legal Department, Expert Committee member shall not disclose meetings.
    103th CBRC should give funding to expert member activities.
    104th under any of the following circumstances, the CBRC expert member, dismissed: (a) the resignation of the expert members, (ii) is unable to continue to chair the Committee of experts; (c) the members can not do the work of experts; (d) disclosing State secrets, business secrets or other secrets claim by the CBRC.
    Other provisions of chapter Nineth 105th legal services of the banking regulatory agency should be set up at the provincial level, and are equipped with the appropriate legal staff.
    CBRC provincial branches can be set according to the actual need of the following legal department or specifies the Department carried out legal work and full-time legal staff.
    106th CBRC and its local agencies shall guarantee the requirements for legal work.
    107th CBRC should be systematic legal advocacy work, heighten public awareness of financial laws, popularize the knowledge of law.
    108th new banking laws, administrative rules and regulations issued by the propaganda by the Legal Department of the China Banking Regulatory Commission jointly with other relevant internal departments to provide sensitization programmes and promotional materials submitted to approval of the head of the China Banking Regulatory Commission, jointly implemented.
    Institutions may take a variety of forms of the CBRC on banking laws, administrative regulations and rules on publicity.
    109th article should be under the regulatory requirements of the CBRC, there are plans to organize legal training.
    110th new banking laws, administrative regulations and rules, the CBRC and its local institutions shall organize the supervision staff and training of bank employees.
    For important legal and administrative rules and regulations, Legal Department of the China Banking Regulatory Commission shall organize common training.
    Institutions according to the actual situation of the CBRC, independent organization of training.
    111th CBRC's legal department can organize the CBRC within departments and agencies to establish a legal system of information sharing and Exchange.
    112th Legal Department of the China Banking Regulatory Commission CBRC should be equipped with departments and agencies in the legal work of the good practices and results summary and recognition.
    The CBRC's Legal Department from the CBRC set up departments and agencies annual legal award in outstanding units and individuals, reported to the approval of the head of the China Banking Regulatory Commission shall be awarded.
    113th CBRC set up departments and agencies do not comply with the relevant provisions of these regulations, the CBRC's legal department head shall report to the CBRC, and give notice of criticism.
    114th financial institutions in these rules refers to banking supervision of clubs of various types of financial institutions.
    Standard documents in these rules refers to the laws and administrative regulations and regulations other than the financial institutions and their staff and other normative documents of the operational activities.
    115th provincial branches can be made under the provisions of the CBRC, law implementation rules.
    116th Dalian banking regulatory Bureau, banking regulatory Bureau of Ningbo, Xiamen banking regulatory Bureau, Qingdao China Banking Regulatory Commission CBRC and Shenzhen these provisions shall apply to provisions relating to provincial agencies. 117th these provisions come into force on February 1, 2006.