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Measures for the administration of bank card acceptance
Article 1 In order to strengthen the management of bank card business, prevent the risks of bank card business and safeguard the legitimate rights and interests of commercial banks, cardholders, special units and other parties, these Measures are formulated in accordance with the Law of the People's Republic of China on the People's Bank of China, the Law of People's Republic of China (PRC) Commercial Bank, the Regulations of People's Republic of China (PRC) on Foreign Exchange Control and relevant administrative regulations.
Article 2 The term "bank card" as mentioned in these Measures refers to a credit payment instrument issued by commercial banks (including postal financial institutions, the same below) to the society with all or part of the functions of consumer credit, transfer settlement, cash deposit and withdrawal, etc.
Without the approval of the People's Bank of China, commercial banks may not issue bank cards.
Article 3 All commercial banks, cardholders, merchants and other parties handling bank card business within the territory of People's Republic of China (PRC) shall abide by these Measures.
Article 4 A commercial bank shall, on the basis of mutual benefit through consultation, carry out joint bank card business involving information, merchants and machines.
Chapter II Classification and Definition
Article 5 Bank cards, credit cards and debit cards.
Bank cards are divided into RMB cards and foreign currency cards according to different currencies; According to the different issuing banks, it can be divided into corporate cards (business cards) and personal cards; According to different information carriers, it can be divided into magnetic stripe card and ic card.
Article 6 Credit cards are divided into credit cards and quasi-credit cards according to whether the reserve fund is deposited with the issuing bank.
Credit card refers to the credit card that the issuing bank gives the cardholder a certain credit limit, and the cardholder can spend first and then repay.
Quasi-credit card refers to a credit card in which the cardholder must first deposit a certain amount of reserve fund according to the requirements of the issuing bank, and when the balance of the reserve fund account is insufficient to pay, it can be overdrawn within the credit limit stipulated by the issuing bank.
Article 7 Debit cards are divided into debit cards (including savings cards, the same below), special cards and stored value cards according to different functions. Debit cards have no overdraft function.
Article 8 Debit cards are used for real-time deduction. With transfer calculation, cash deposit and withdrawal, consumption and other functions.
Article 9 A special card is a debit card with a specific purpose and used in a specific area. With transfer calculation and cash deposit and withdrawal functions.
Special use refers to use outside department stores, restaurants, restaurants and entertainment industries.
Article 10 A stored-value card is a prepaid wallet-type debit card in which the issuing bank transfers its funds to the card for storage according to the cardholder's requirements, and directly deducts money from the card during the transaction.
Article 11 Co-branded cards/subscription cards are subsidiary products of bank cards jointly issued by commercial banks and profit/non-profit organizations. The varieties of the attached bank cards must be those approved by the People's Bank of China, and shall comply with the business regulations or management measures of the corresponding varieties.
The issuing bank and the joint unit shall provide a certain percentage of preferential or special services to the joint cardholders in the credit card of the joint unit; The cardholder receives the ID card to show his support for the identity unit and enterprise.
Article 12 Chip (IC) cards can be used for both single bank card varieties and combined bank card varieties.
Chapter III Examination and Approval of Bank Card Business
Article 13 A commercial bank shall meet the following conditions when offering bank card business:
(1) It has been in business for more than 3 years and has a good business foundation for handling retail business;
(2) It meets the monitoring indicators for asset-liability ratio management promulgated by the People's Bank of China and is in good operating condition;
(3) The business has established a scientific and perfect internal control system with clear internal authorization approval procedures;
(4) Having qualified managers and technicians and corresponding management institutions;
(5) Safe and effective computer processing system;
(six) the issuance of foreign currency cards must also have the qualification to operate foreign exchange business and the corresponding foreign exchange business management level;
(seven) other conditions stipulated by the people's Bank of China.
Article 14 A commercial bank that meets the above conditions may apply to the People's Bank of China for opening a bank card business and submit the following materials:
(1) application report: demonstrate the necessity and feasibility, and make market forecast;
(two) the bank card articles of association or management measures and the draft card sample design;
(3) Internal control system and risk prevention measures;
(four) the test report issued by the competent department of science and technology of the People's Bank of China on the technical standards of system security;
(5) Other materials required by the People's Bank of China.
Article 15 The articles of association of various bank cards of the issuing bank shall specify the following items:
(a) The name, type, function and purpose of the card;
(two) the card issuing object, application conditions and application procedures;
(three) the scope of use of the card (including use restrictions) and the method of use;
(four) the interest rate applicable to the card account, as well as the charging items and standards for the cardholder;
(five) the rights and obligations of the issuing bank, the cardholder and other relevant parties;
(6) Other matters required by the People's Bank of China.
Sixteenth bank card management authority and approval procedures:
(a) commercial banks to start all kinds of bank card business, should be in accordance with the provisions of the people's Bank of China on strengthening internal control and authorized credit management, respectively, to develop a unified charter or business management measures, and reported to the head office of the people's Bank of China for approval.
If the head office of a commercial bank is not in Beijing, it should first report to the local central branch of the People's Bank of China, and after examination and approval, the branch of the People's Bank of China will forward it to the head office of the People's Bank of China for approval.
(2) Commercial banks that have started credit card and debit card business may apply to the People's Bank of China for issuing joint cards/ID cards, special cards and stored-value cards; Commercial banks offering RMB credit card business may apply to the People's Bank of China for issuing foreign currency credit cards.
(3) Commercial banks should report to the head office of the People's Bank of China for approval when issuing joint cards, IC cards and stored-value cards that are common in the whole country.
(4) When a branch of a commercial bank handles the bank card business approved by the head office of the People's Bank of China, it shall file with the local People's Bank of China with the approval document of the People's Bank of China and the authorization document of the head office.
The special cards and co-branded cards used in the distribution area of branches of commercial banks shall be reported to the central branch of the local People's Bank of China for the record with the authorization document of the head office of the commercial bank and the agreement between the two parties.
(5) A commercial bank shall report to the People's Bank of China for approval if it changes the name of its bank card or modifies its articles of association.
Seventeenth foreign financial institutions operating bank card acquiring business shall be reported to the head office of the People's Bank of China for approval.
Bank card acquiring business refers to the settlement service of local and foreign currency funds provided by the signing bank to merchants.
Chapter IV Interest-bearing and Charging Standards
Article 18 Interest bearing on bank cards includes interest bearing and interest payment, and shall be accounted for in accordance with the provisions of the financial system of financial and insurance enterprises.
Article 19 The issuing bank shall calculate and pay interest on the deposits in quasi-credit card and debit card (except stored value card) accounts according to the deposit interest rate and interest-bearing method of the same grade in the same period stipulated by the People's Bank of China.
The issuing bank does not pay interest on the deposit in the credit card account or the currency value in the stored value card (ic card electronic wallet).
Twentieth credit card holders enjoy the following preferential conditions for non-cash transactions:
(1) Interest-free repayment period. The interest-free repayment period is between the bank bookkeeping date and the due repayment date stipulated by the issuing bank. The longest interest-free repayment period is 60 days. Cardholders can enjoy an interest-free repayment period by repaying all the used bank funds before the due repayment date, without paying interest on non-cash transactions.
(2) Minimum repayment amount. If the cardholder has difficulty in repaying all the money used by the bank before the due repayment date, he can repay according to the minimum repayment amount stipulated by the issuing bank.
Article 21 When a credit card holder chooses the minimum repayment method or uses a card that exceeds the credit limit approved by the issuing bank, he will no longer enjoy the interest-free repayment period, and will pay overdraft interest at the prescribed interest rate for the unpaid part from the bank bookkeeping date.
Credit card holders who withdraw cash or quasi-credit card overdrafts do not enjoy interest-free repayment period and minimum repayment amount, but should calculate overdraft interest on the cash transaction amount or overdraft amount at the prescribed interest rate from the bank bookkeeping date.
Article 22 The issuing bank shall charge the cardholder the overdue fine of 5% of the outstanding minimum repayment amount and the credit line exceeding the limit and the handling fee exceeding the limit.
Article 23 Credit card overdrafts will be compounded monthly, and quasi-credit card overdrafts will be paid monthly. The overdraft interest rate is 0.5 ‰ of the daily interest rate, which will be adjusted according to the current interest rate adjustment of the People's Bank of China.
Article 24 A commercial bank shall collect settlement fees from merchants of bank card acquiring business according to the following standards:
(a) hotels, restaurants, entertainment, tourism and other industries shall not be less than 2% of the transaction amount;
(two) other industries shall not be less than 65438+ 0% of the transaction amount.
Article 25 The following profit sharing ratio shall be implemented for inter-bank transactions:
(1) In cities without information exchange centers, the settlement fees charged from merchants shall be distributed according to the ratio of 90% of the issuer and 0/0% of the acquirer;
Commercial banks can also conduct inter-bank transactions through negotiation, equipment sharing, agency and free of charge.
(2) In cities where information exchange centers have been established, the settlement fees collected from merchants are distributed according to the ratio of 80% of the issuing bank, 80% of the acquiring bank 10% of the information exchange center 10%.
Article 26 The cardholder shall bear the expenses for inter-bank withdrawal of ATM by himself, and the following charging standards shall be implemented:
(a) the cardholder withdraws money within the city where the card is received, and each charge shall not exceed 2 yuan RMB;
(two) the cardholder withdraws money outside the city where the card is accepted, and the fee for each withdrawal shall not be lower than 8 yuan RMB;
ATM inter-bank withdrawal fees are allocated according to the proportion of 70% for all machines and 30% for the information exchange center.
Twenty-seventh commercial banks should charge settlement fees to merchants for overseas bank card acquiring business, and the charging standard shall not be less than 4% of the transaction amount.
Domestic banks sign credit card agency acquiring agreements with overseas institutions, and the profit sharing ratio is 37.5% and 62.5% of the merchant handling fees paid by domestic banks and overseas institutions respectively.
Chapter V Account and Transaction Management
Twenty-eighth individuals to apply for bank cards (except stored value cards), should provide valid identity documents stipulated by the public security department to the issuing bank, and open a registered account for them after passing the examination by the issuing bank;
To open a basic account, a domestic financial institution shall apply for a corporate card with an account opening permit issued by the People's Bank of China;
Bank cards and their accounts are only used by cardholders approved by the issuing bank, and may not be rented or lent.
Twenty-ninth units of RMB card account funds should be deposited from its basic account, not to deposit cash, not to deposit sales income into the unit RMB card account.
Thirtieth units of foreign currency card account funds should be transferred from its foreign exchange account deposit, foreign currency cash shall not be deposited in China. Its foreign exchange account shall meet the following conditions:
(a) in line with the relevant provisions of the people's Bank of China on the management of domestic foreign exchange accounts;
(2) The foreign exchange account has corresponding payment contents within its income and expenditure scope.
Article 31 The funds in an individual's RMB account shall be deposited in the form of cash held by him, and transferred in the form of his salary, personal legal labor remuneration, investment return and other income.
Article 32 The funds in an individual's foreign currency card account shall be deposited in foreign currency cash held by the individual or transferred from his foreign exchange account (including foreign currency account). The transfer and deposit of this account shall be handled in accordance with the Measures for the Administration of Personal Foreign Exchange of the State Administration of Foreign Exchange.
Personal foreign currency card withdrawal of foreign currency cash in China shall be handled in accordance with our personal foreign exchange management system.
Article 33 Foreign currency cards shall not be used for foreign currency pricing and settlement in China in principle, except in the areas or regions designated by the State Administration of Foreign Exchange.
Article 34 The cardholder may apply for account cancellation after paying off all transaction funds, overdraft principal and interest and related expenses. When the account is closed, the funds in the RMB card account of the company will be transferred to its basic account, and the funds in the foreign currency card account of the company will be transferred back to the corresponding foreign exchange account, and it is not allowed to withdraw in advance.
Thirty-fifth units of RMB card can handle the settlement of commodity trading and labor supply funds, but not overdraft; Exceeding the starting point stipulated by the People's Bank of China, it shall be transferred by the local branch of the People's Bank of China.
Article 36 The issuing bank authorizes each withdrawal of a credit card, and the daily cumulative withdrawal of each card shall not exceed 2,000 yuan.
The issuing bank shall set a transaction ceiling for cardholders to withdraw money from ATMs. The cumulative daily withdrawal of each card shall not exceed RMB 5,000.
Article 37 The face value or monetary value of a stored-value card shall not exceed 65,438 yuan+0,000 yuan.
Article 38 When issuing subscription cards, commercial banks shall not pay, donate or pay other fees to subscription card units from their income.
Thirty-ninth electronic information generated by various transactions such as deposit and withdrawal, transfer and settlement. , handled by the issuing bank according to electronic information such as passwords, which are valid vouchers for this transaction. The issuing bank can use the transaction details or list as accounting vouchers.
Article 40 The original vouchers of various online transactions of bank cards shall be kept for at least two years for future reference.
Chapter VI Risk Management of Bank Cards
Article 41 The issuing bank shall carefully examine the credit status of the credit card applicant and determine the effective guarantee and guarantee method according to the credit status of the applicant.
The issuing bank shall regularly review the credit status of credit card holders and adjust their credit limit according to the changes of credit status.
Forty-second card-issuing banks should establish an authorization examination and approval system to clarify the authorization authority and authorization quota of employees at different levels.
Article 43 The issuing bank shall strengthen the management of the stop payment list and send and receive the stop payment list in time.
Article 44 The issuing bank shall not advance the agency business handled by debit card for the cardholder or the entrusting unit.
Forty-fifth card-issuing banks should follow the following credit card business risk control indicators:
(1) The single overdraft amount of the same cardholder's personal card shall not exceed 20,000 yuan (including equivalent foreign currency), and the single overdraft amount of the corporate card shall not exceed 50,000 yuan (including equivalent foreign currency).
(2) The monthly overdraft balance of an individual card in the same account shall not exceed 50,000 yuan (including equivalent foreign currency), and the unit card shall not exceed 3% of the comprehensive credit line granted by the issuing bank to the unit. The monthly overdraft balance of the unit without comprehensive credit line for reference shall not exceed 654.38 million yuan (including equivalent foreign currency).
(3) The overdraft limit of foreign currency cards shall not exceed 80% of the cardholder's deposits (including the pledged amount of certificates of deposit).
(4) The monthly average overdraft balance that newly occurs over 180 days (including 180 days, the same below) since the implementation date of these Measures shall not exceed 15% of the monthly average overdraft balance.
Article 46 The maximum overdraft period of a quasi-credit card is 60 days. The minimum repayment amount of a credit card in the first month shall not be less than 10% of the overdraft balance in that month.
Article 47 A card-issuing bank shall recover overdraft and fraudulent funds through the following channels:
(1) Deduct the cardholder's deposit and dispose of the collateral according to law;
(2) the right of recourse against the overdraft of the guarantor;
(3) recourse through judicial procedures.
Article 48 If the issuing bank fails to make up after taking the measures listed in Article 47, it shall be implemented in accordance with the Measures for the Administration of Bad Debt Provision of the Ministry of Finance.
Article 49 If the written-off overdraft is recovered, "bad debt reserve" shall be added to the principal and interest.
Article 50 A branch of a commercial bank shall report to the head office for approval if it invests in the bank card information exchange center in the city where it is located.
Chapter VII Obligations between Parties to Bank Cards
Article 51 The rights of an issuing bank:
(1) The issuing bank has the right to review the credit status of the applicant, obtain the personal data of the applicant, decide whether to issue a card to the applicant, and determine the overdraft limit of the credit card holder.
(2) The issuing bank has the right of recourse against the overdraft of the cardholder. If the cardholder fails to return the overdraft within the prescribed time limit, the issuing bank has the right to apply for legal protection and investigate the legal responsibility of the cardholder or related parties according to law.
(3) The issuing bank has the right to disqualify cardholders who do not meet the requirements of its articles of association, and may authorize relevant units to withdraw their bank cards.
(four) the issuing bank shall not report the loss of the electronic wallet in the stored value card and ic card.
Article 52 Obligations of the issuing bank:
(1) The issuing bank shall provide the bank card applicant with information on the use of the bank card, including articles of association, instructions for use, charging standards, etc. Existing cardholders can also obtain the above information.
(two) the issuing bank shall establish a fair and effective complaint system for bank card services, and disclose the complaint procedures and telephone numbers. The issuing bank shall give a reply to the cardholder's inquiry and correction request within 30 days.
(3) The issuing bank shall provide reconciliation service for the cardholder. Provide a statement to the cardholder on a monthly basis, and the issuing bank may not provide the statement to the cardholder under the following circumstances:
1. Passbooks or other transaction records have been provided to cardholders;
2. There is no transaction since the statement of the last month, and there is no outstanding balance in the account;
3. It has been agreed with the cardholder separately.
(4) The bank card statement provided by the issuing bank to the cardholder shall set out the following contents:
1, transaction amount, account balance (maturity date, minimum repayment amount and available credit limit should also be listed in the credit card);
2. The date when the transaction amount is credited to or deducted from the relevant account;
3. Date and type of the transaction;
4. Transaction record number;
5. The name or code of the merchant as the payment object (except for off-site transactions);
6. Inquire or report the address or telephone number that does not match the account.
(5) The issuing bank shall provide the cardholder with the loss reporting service of bank cards, and set up a 24-hour loss reporting service telephone, which provides two ways: telephone loss reporting and written loss reporting, with written loss reporting as the formal loss reporting method. And in the articles of association or related agreements, the responsibility for reporting the loss between the issuing bank and the cardholder is clearly stipulated.
(six) the issuing bank shall explain the importance of the password and the responsibility for the loss to the cardholder in the articles of association or instructions for use of the relevant card.
(7) The issuing bank is responsible for keeping the credit information of the cardholder confidential.
Article 53 The rights of cardholders:
(a) the cardholder has the right to enjoy the service promised by the issuing bank to his bank card, and has the right to supervise the service quality and complain about the behavior that the service quality does not meet the requirements.
(2) Applicants and cardholders have the right to know the functions, usage, charging items, charging standards, applicable interest rates and related calculation formulas of the bank cards they choose.
(3) The cardholder has the right to ask the issuing bank for the statement of account within the specified time, and has the right to ask for inquiry or correction of inconsistent accounts.
(4) After the procedures for reporting the loss of a debit card are completed, the cardholder is no longer responsible for the change of funds in the corresponding card account, unless otherwise decided by the judicial organ or the arbitration organ.
(5) The cardholder has the right to claim the credit card contract and keep it properly.
Article 54 Obligations of cardholders:
(1) The applicant shall provide true information to the issuing bank and provide qualified guarantee according to the regulations of the issuing bank.
(2) The cardholder shall abide by the articles of association of the issuing bank and the relevant provisions of the contract.
(3) When the correspondence address and occupation of the cardholder or guarantor change, it shall promptly notify the issuing bank in writing.
(four) the cardholder shall not refuse to pay the money owed to the bank on the grounds of disputes with merchants.
Article 55 A commercial bank shall sign an acceptance contract with merchants when developing and accepting bank cards, and the acceptance contract shall not contain exclusive clauses. If the standard of handling fee rate in accepting contracts is lower than the standard stipulated in these Measures, it shall not be protected by law.
Article 56 The bank card application form, application form and contract are contractual documents provided by the issuing bank to the bank card holders to clarify the rights and responsibilities of both parties. The cardholder's signature indicates acceptance of all agreements. The issuing bank shall formulate the bank card application form and credit card contract according to the principle of equal rights and obligations.
Chapter VIII Punishment
Article 57 A commercial bank shall be ordered by the People's Bank of China to make corrections under any of the following circumstances: if it has illegal income, it shall be fined more than one time but less than three times the illegal income, but the maximum amount shall not exceed 30,000 yuan; No illegal income. Impose a fine according to relevant laws and regulations; If the circumstances are serious, the administrative responsibility of the directly responsible person in charge and the relevant directly responsible personnel shall be investigated, and if the circumstances are serious, the responsibility of the relevant leaders shall be investigated:
(1) Issuing bank cards without authorization or practicing fraud in the process of applying for bank card business;
(2) collecting interest and fees in violation of regulations;
(three) in violation of the provisions of the bank card account and transaction management regulations.
Article 58 If the issuing bank fails to comply with the risk management measures and control indicators stipulated in these Measures, the People's Bank of China shall order it to make corrections and give it to informed criticism.
Article 59 If a cardholder rents or lends a credit card and its account, the issuing bank shall order it to make corrections and impose a fine of not more than 65,438 yuan+0,000 yuan (agreed in advance by the issuing bank in the application form, credit card collection contract and other contract documents).
Article 60 If the cardholder deposits the cash of the company into the account of the company card or deposits the funds of the company into the account of the personal card, the People's Bank of China shall order it to make corrections and impose a fine of less than RMB 1000 on the cardholder of the company card.
Article 61 Any unit or individual in any of the following circumstances shall be dealt with in accordance with the Criminal Law of People's Republic of China (PRC) and relevant laws and regulations:
(1) Obtaining or fraudulently using a credit card;
(2) Forging or altering bank cards;
(3) malicious overdraft;
(four) using bank cards and their equipment to defraud bank funds.
Article 62 If a foreign-funded financial institution engages in credit card acquiring business without authorization, the People's Bank of China shall order it to make corrections and punish it in accordance with the relevant provisions of the Regulations on the Administration of Foreign-funded Financial Institutions.
Sixty-third non-financial institutions and representative offices of financial institutions engaged in bank card business shall be banned by the People's Bank of China according to law.
Chapter IX Supplementary Provisions
Article 64 All kinds of bank cards issued by commercial banks (or financial institutions) in People's Republic of China (PRC) and China shall meet the technical standards stipulated by the state, except for bank cards with the logo of international credit card organizations.
The word "DWK" should be raised at the lower left of the card surface.
The card face of a bank should include the following elements: the first-class legal person name of the issuing bank, unified brand name, brand logo (except for special cards), card number (except for IC cards), precautions for cardholders' use, customer service phone number, cardholder's signature (except for IC cards) and so on.
Article 65 Bank cards issued by other financial institutions and overseas institutions approved by the People's Bank of China to engage in bank card business shall be circulated in China.
Article 66 The People's Bank of China shall be responsible for the interpretation of these Measures.
Article 67 These Measures shall be implemented as of 1 March, 19991day, and the issuing bank shall meet the relevant requirements of these Measures within half a year. The Measures for the Administration of Credit Card Business (Yinfa [1996] No.27) promulgated by China People's Bank shall be abolished at the same time; Before the promulgation of these measures, the regulations on the management of bank cards formulated by the People's Bank of China are inconsistent with these measures, and these measures shall prevail.
References:
people.cn