Credit Card Business Management Measures
Chapter 1 General Provisions Article 1 In order to adapt to the needs of the development of the socialist market economy, standardize and manage the credit card business, and promote the healthy development of my country's credit card business, these measures are formulated this method. Article 2 All commercial banks and their branches, cardholders and special units that accept credit cards that handle credit card business within the territory of the People's Republic of China and the People's Republic of China must abide by the provisions of these Measures. Article 3 The term “credit card” as mentioned in these Measures refers to the credit payment instruments issued by the People's Republic of China and various commercial banks within the territory of the People's Republic of China (including foreign-funded banks and Sino-foreign joint venture banks, hereinafter referred to as commercial banks) to individuals and entities.
Credit cards have functions such as transfer settlement, cash deposits and withdrawals, and consumer credit. Article 4 Credit cards are divided into corporate cards and personal cards according to the objects of use; they are divided into gold cards and ordinary cards according to the credit rating; they are divided into RMB cards and foreign currency cards according to the currency; they are divided into magnetic stripe cards and smart cards according to the carrier material I (hereinafter referred to as IC card). Article 5 Commercial banks may not issue credit cards without the approval of the People's Bank of China.
Representative offices in China of non-financial institutions, non-bank financial institutions, and overseas financial institutions are not allowed to operate credit card business. Article 6 The People's Bank of China is responsible for the management and coordination of credit card business nationwide. Each card-issuing bank is responsible for the organization, management and coordination of the credit card business of this system. Article 7 Commercial banks operating credit card business shall formulate credit card business charter in accordance with these Measures and other relevant rules and regulations issued by the People's Bank of China, and submit them to the People's Bank of China for approval. Article 8 The credit card department of each commercial bank is an internal business department and shall not be a legal person institution that implements independent accounting and has its own system. Chapter 2 Business Rules Article 9 The corporate card must have the word "DWK" embossed on the left side of the lower left corner of the card face and the cardholder's name (pinyin) embossed on the right side of the word "DWK". Article 10 The magnetic stripe cards and IC cards issued by all banks must comply with the relevant standards promulgated by the State Bureau of Technical Supervision and the People's Bank of China, except for those that participate in international credit card organizations and issue credit cards with the marks of international organizations. Article 11 When receiving a credit card, an organization or individual shall deposit a reserve fund with the card-issuing bank in accordance with regulations. Article 12 The card-issuing bank may require the applicant to provide guarantee based on the applicant's creditworthiness. The guarantee may be in the form of guarantee, mortgage or pledge. Article 13 The interest on credit card reserve deposits shall be calculated in accordance with the demand deposit interest rates and interest calculation methods prescribed by the People's Bank of China.
If the time deposit is pledged, the time deposit shall be calculated according to the time deposit interest rate and interest calculation method prescribed by the People's Bank of China. Article 14 The credit card reserve funds and deposits pledged by time deposits absorbed by the card-issuing bank shall pay deposit reserves to the local branch of the People's Bank of China in a prescribed proportion. Article 15 The card-issuing bank shall establish an authorization and approval system.
When cardholders use their credit cards to handle transfer settlement or withdraw cash, if the amount exceeds the prescribed limit, they must obtain authorization from the card-issuing bank. Article 16 Corporate cardholders are not allowed to use their credit cards to withdraw cash from bank outlets and ATMs in other places and within the city where they receive the card. Article 17 Cardholders are allowed to make overdrafts for consumption purposes within the limit and period specified in these Measures. The overdraft limit is 10,000 yuan for gold cards and 5,000 yuan for ordinary cards. Article 18 The maximum overdraft period of a credit card is 60 days. Article 19 Credit card overdraft interest will be calculated at a daily interest rate of 0.05% within 15 days from the date of signature or bank accounting, and a daily interest rate of 10% for more than 15 days. If it exceeds 30 days or the overdraft amount exceeds the prescribed limit, , calculated based on the daily interest rate of 15/10,000. Overdraft calculations are not segmented, and interest is calculated based on the highest interest rate bracket for the final term or the maximum overdraft amount. Article 20 The overdraft business of each card-issuing bank must be included in its credit scale for management. The overdraft amount is transferred to short-term loan accounting. Article 21 Malicious overdraft refers to the overdraft behavior of the cardholder for the purpose of illegal possession, exceeding the prescribed limit or prescribed period, and the collection by the card-issuing bank is invalid. Article 22 The special agency shall not refuse to accept a valid credit card legally held by the cardholder and issued by the contracted bank for any reason, and shall not charge additional fees to the cardholder for using the credit card. Article 23 Specially contracted entities are not allowed to pay cardholders in cash by pressing cards, signing orders, or returning goods. Article 24 All commercial banks shall charge credit card transaction fees from special units according to the following standards:
(1) RMB credit card shall not be less than 2% of the transaction amount;
(2) For credit cards issued by overseas institutions and used within China, the credit limit shall not be less than 4% of the transaction amount.
When a domestic bank signs a credit card agency acquisition agreement with an overseas institution, the profit distribution ratio shall be based on the domestic bank and the overseas institution accounting for 37.5% and 62.5% of the handling fees paid by the special unit respectively. Article 25 The business rules for foreign currency credit cards shall be formulated separately. Chapter 3 Business Management Article 26 Commercial banks must submit credit card business to the People's Bank of China for approval; their branches and sub-branches handling credit card business must report to the branches and sub-branches of the People's Bank of China within their jurisdiction for filing. Article 27 Banks that offer credit card business must meet the following conditions:
(1) Monitor the asset-liability ratio in compliance with the "Law of the People's Republic of China on Commercial Banks" and the supplementary provisions of the People's Bank of China Indicators;
(2) Corresponding internal management organizations;
(3) Qualified managers and technical personnel;
(4) Sound management system and safety systems;
(5) Necessary telecommunications equipment and management locations;
(6) Other conditions specified by the People's Bank of China. [img]
Article 70 of the Law on the Supervision and Administration of Credit Card Business of Commercial Banks
Article 70 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Confirm the amount of credit card arrears under special circumstances If the repayment capacity exceeds the cardholder's ability and the cardholder is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum term of a personalized installment agreement shall not exceed 5 years.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt.
Extended information:
Commercial banks operating credit card business shall protect the legitimate rights and interests of customers and the security of relevant information in accordance with the law. Relevant information shall not be used for purposes other than the Bank's credit card business without the authorization of the customer.
The term “acquiring bank” as mentioned in these Measures refers to a commercial bank that provides credit card acquiring business services to specially contracted merchants or provides settlement services for credit card acquiring business in accordance with the contract, and assumes the relevant responsibilities for risk management of the acquiring business. .
Baidu Encyclopedia-"Measures for the Supervision and Administration of the Credit Card Business of Commercial Banks"
Measures for the Administration of Credit Cards
"Measures for the Supervision and Administration of the Credit Card Business of Commercial Banks" was issued in July 2010 Passed by the 100th Chairman’s Meeting of the China Banking Regulatory Commission on the 22nd. It is hereby promulgated and shall come into effect on the date of promulgation.
Measures for the Supervision and Administration of the Credit Card Business of Commercial Banks
General Principles: In order to regulate the credit card business of commercial banks, protect the legitimate rights and interests of customers and banks, and promote the healthy and orderly development of the credit card business, in accordance with the "People's Republic of China These Measures are formulated by laws and regulations such as the Banking Supervision and Administration Law of the People's Republic of China and the People's Republic of China, the Commercial Bank Law of the People's Republic of China and the People's Republic of China, and the Regulations of the People's Republic of China and the People's Republic of China on the Administration of Foreign-funded Banks.
Article 2: When operating credit card business, commercial banks shall strictly abide by national laws, regulations, rules and relevant policies and regulations, and follow the principles of equality, voluntariness and good faith. Article 3: Commercial banks operating credit card business shall protect the legitimate rights and interests of customers and the security of relevant information in accordance with the law. Relevant information shall not be used for purposes other than the Bank's credit card business without the authorization of the customer.
Article 4: Commercial banks operating credit card business shall establish and improve credit card business risk management and internal control systems, strictly implement authorization management, and effectively identify, evaluate, monitor and control business risks. Article 5: Commercial banks operating credit card business shall fully disclose relevant information to cardholders, reveal business risks, and establish and improve corresponding complaint handling mechanisms. Article 6: The China Banking Regulatory Commission and its dispatched offices shall supervise and manage the credit card business of commercial banks in accordance with the law.
1. The term “credit card” as mentioned in these Measures refers to various media that record cardholder account information, have bank credit limit and overdraft functions, and provide cardholders with relevant banking services. Credit card business refers to the banking services provided by commercial banks using bank cards with credit lines and overdraft functions, which mainly includes card issuance business and acquiring business.
2. Credit card overdraft interest will be calculated at a daily interest rate of 0.05% within 15 days from the date of signature or bank accounting, and a daily interest rate of 10% for more than 15 days. If it exceeds 30 days, it will be an overdraft. If the amount exceeds the prescribed limit, daily interest will be calculated at 15%. Overdraft interest is not calculated in stages, but is calculated based on the highest interest rate bracket for the final term or the maximum overdraft amount.
Article 70 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks
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 amount exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum term of a personalized installment agreement shall not exceed 5 years.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt.
Measures for the Supervision and Administration of Credit Card Business of Commercial Banks
Chapter 1 General Provisions
Article 1 is to regulate the credit card business of commercial banks and protect the legitimate rights and interests of customers and banks. To promote the healthy and orderly development of the credit card business, in accordance with the "Banking Supervision and Administration Law of the People's Republic of China and the People's Republic of China", the "Law of the People's Republic of China and the People's Republic of China on Commercial Banks", and the "Regulations of the People's Republic of China and the People's Republic of China on the Administration of Foreign-funded Banks" and other laws and regulations to formulate these measures.
Article 2 When operating credit card business, commercial banks shall strictly abide by national laws, regulations, rules and relevant policies and regulations, and follow the principles of equality, voluntariness and good faith.
Article 3 When operating credit card business, commercial banks shall protect the legitimate rights and interests of customers and the security of relevant information in accordance with the law. Relevant information shall not be used for purposes other than the Bank's credit card business without the authorization of the customer.
Article 4 When operating credit card business, commercial banks shall establish and improve credit card business risk management and internal control systems, strictly implement authorization management, and effectively identify, evaluate, monitor and control business risks.
Article 5 When operating credit card business, commercial banks shall fully disclose relevant information to cardholders, reveal business risks, and establish and improve corresponding complaint handling mechanisms.
Article 6 The China Banking Regulatory Commission and its dispatched offices shall supervise and manage the credit card business of commercial banks in accordance with the law.
Chapter 2 Definition and Classification
Article 7 The term “credit card” as mentioned in these Measures refers to a credit card that records the relevant information of the cardholder’s account, has bank credit limit and overdraft functions, and is used to support Various media used by cardholders to provide related banking services.
Article 8 The credit card business referred to in these Measures refers to the banking services provided by commercial banks using bank cards with credit lines and overdraft functions, which mainly include card issuance business and acquiring business.
Article 9 The card-issuing business referred to in these Measures refers to the relevant banking services that card-issuing banks contract with qualified customers to issue credit cards and provide based on the results of customer evaluations.
The card issuance business includes marketing and promotion, credit approval, card production and issuance, transaction authorization, transaction processing, transaction monitoring, fund settlement, accounting processing, dispute handling, value-added services and debt collection and other business links.
Article 10 The term “card issuing bank” as mentioned in these Measures refers to a commercial bank that has been approved by the China Banking Regulatory Commission to engage in credit card issuance business and assumes the relevant responsibilities for risk management of the card issuance business.
Article 11 The term “card-issuing business service institutions” as mentioned in these Measures refers to legal entities or other organizations that sign contracts with card-issuing banks to assist them in providing credit card business services.
Article 12 The term “acquiring business” as mentioned in these Measures refers to the services provided by commercial banks to merchants to accept credit cards and complete related fund settlements.
The acquiring business includes merchant qualification review, merchant training, acceptance terminal installation and maintenance management, obtaining transaction authorization, processing transaction information, transaction monitoring, fund advances, fund settlement, dispute handling and value-added services and other business links.
Article 13 The term “acquiring bank” as mentioned in these Measures refers to the bank that provides credit card acquiring business services to specially appointed merchants or provides settlement services for credit card acquiring business in accordance with the contract, and assumes the relevant risk management of the acquiring business. Responsible commercial bank.
Article 14 The term “acquiring business service agency” as mentioned in these Measures refers to the legal person institution or other organization that contracts with the acquiring bank or the settlement bank of the acquiring business to assist it in providing credit card acquiring business services.
Article 15 Credit cards issued by commercial banks are divided into personal cards and corporate cards according to the different objects of issuance. Among them, corporate cards are divided into business travel cards and business purchasing cards according to their uses.
Business travel card refers to a credit card that commercial banks sign contracts with government departments, legal entities or other organizations to establish travel expense reimbursement and repayment relationships, and provide daily business expenses and financial reimbursement services to their staff.
Business purchasing card refers to a credit card that commercial banks sign contracts with government departments, legal entities or other organizations to establish procurement expenditure reimbursement and repayment relationships, and provide them with services related to procurement expenditures such as office supplies and office matters.
Article 16 The term “students” as mentioned in these Measures refers to students studying full-time in educational institutions.
Article 57 of the Commercial Bank Credit Card Supervision and Administration Law
It stipulates that the card-issuing bank shall clearly stipulate in the credit card application contract (agreement) that the cardholder's relevant assets shall be used to repay the credit card loan The specific operation process is that without the cardholder's authorization, the cardholder's assets may not be used to directly offset credit card accounts receivable. Except as otherwise provided by national laws and regulations. When the card-issuing bank receives repayment from the cardholder, it will offset various arrears in the credit card account in the following order: if it is overdue for 1-90 days (inclusive), the interest or fees receivable will be paid first, and then the principal. The repayment will be carried out in the order of repayment; if it is overdue for more than 91 days, the repayment will be carried out in the order of principal first, then interest receivable or various fees.
Legal basis:
Article 70 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Under special circumstances, it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and that If the cardholder is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum term of a personalized installment agreement shall not exceed 5 years. The content of the personalized installment repayment agreement should at least include:
(1) Arrears balance, structure, currency;
(2) Repayment cycle, method, currency, Date and repayment amount in each installment;
(3) Whether annual fees, interest and other fees will be charged during the repayment period;
(4) Cardholders will pay in personalized installments A commitment not to apply for a credit card from any bank before the relevant amounts in the loan agreement are fully settled;
(5) Rights, obligations and liability for breach of contract of both parties;
(6) Repayment Other matters related to payment.
That’s it for the introduction of credit card supervision and management measures.