According to Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, under special circumstances, if it is confirmed that the credit card debt exceeds the cardholder's repayment ability and the cardholder still has the willingness to repay, the issuing bank can negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years. The contents of personalized installment repayment agreement shall at least include:
(a) the balance, structure and currency of the arrears;
(2) the repayment period, method, currency, date and repayment amount of each installment;
(three) whether to charge annual fees, interest and other fees during the repayment period;
(4) The cardholder shall not apply for a credit card from any bank before all the funds related to the personalized installment repayment agreement are settled;
(five) the rights and obligations of both parties and the liability for breach of contract;
(6) Other matters related to repayment.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing service institution shall stop the collection of the cardholder, except that the cardholder fails to perform the installment repayment agreement. If an oral repayment agreement is reached, the issuing bank must keep the recorded data. Records shall be kept at least until the date of settlement of arrears.
Extended data:
Article 7 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if the collection meets the following conditions at the same time, it shall be deemed as "effective collection" as stipulated in Article 6 of this Interpretation:
(1) After the overdraft exceeds the prescribed limit or time limit;
(2) The collection shall be conducted in a way that can confirm the cardholder's collection, unless the cardholder intentionally evades the collection;
(3) The interval between two collections is at least thirty days;
(four) in accordance with the relevant provisions or agreed to collect.
Whether it is an effective collection shall be judged according to the original evidence materials provided by the issuing bank, such as telephone recording, information delivery record, letter delivery receipt, e-mail delivery record, signature of the cardholder or his family. The relevant evidential materials provided by the issuing bank shall have the signature of the bank staff and the official seal of the bank.
Eighth malicious overdraft, the amount of more than 50 thousand yuan but less than 500 thousand yuan, should be recognized as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
Baidu Encyclopedia-Measures for the Supervision and Administration of Credit Card Business of Commercial Banks