Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China and the Commercial Bank Law of People's Republic of China (PRC) for the purpose of supporting the development of education, standardizing the management of student loans and preventing the risks of student loans.
Article 2 The term "commercial student loans" as mentioned in these Measures refers to commercial loans independently issued by banking financial institutions in accordance with commercial principles to pay tuition fees, accommodation fees and basic living expenses for poor students in domestic institutions of higher learning.
Article 3 The term "lender" as mentioned in these Measures refers to a banking financial institution established in People's Republic of China (PRC) according to law and approved by the banking regulatory agency to engage in loan business.
Article 4 The loan objects mentioned in these Measures refer to full-time undergraduates, postgraduates and students with second bachelor's degrees studying in domestic institutions of higher learning.
Article 5 Lenders and borrowers shall follow the principles of equality, voluntariness, honesty and credit, and sign loan contracts according to law.
Chapter II Conditions of Loan Object Article 6 When accepting an application for a commercial student loan, the lender shall set certain examination conditions for the loan object (hereinafter referred to as the borrower):
(a) the borrower has People's Republic of China (PRC) nationality and holds legal identity documents;
(2) The borrower has no bad credit record, and the evaluation criteria for bad credit and other behaviors shall be formulated by the lender;
(3) Provide effective guarantee when necessary;
(four) when necessary, provide the written opinions of its legal representative to apply for loans;
(5) Other conditions required by the lender.
Chapter III Term, Interest Rate and Amount of Loan Article 7 In principle, the term of commercial student loans is the borrower's schooling years plus six years, and the borrower's schooling years refer to the period from the issuance of student loans to the borrower's graduation or termination of his studies. If the borrower continues to study for a degree after graduation, the borrower's school years and student loan period can be extended accordingly. The extension of the student loan period must be approved by the lender.
Eighth commercial student loans, the interest rate policy stipulated by the people's Bank of China, in principle, shall not rise. The borrower can apply for interest capitalization, that is, the loan interest during the school period is included in the loan principal of the next year on an annual basis.
Article 9 The maximum amount of commercial student loans shall not exceed the tuition, accommodation and basic living expenses of the school attended by the borrower. Lenders can refer to the basic living expenses or local living expenses standards issued by the school to determine the amount of living expenses loans.
Article 10 Lenders may issue commercial student loans in RMB or foreign currency according to the needs of borrowers.
Article 11 Tuition fees shall be paid one by one according to the time limit set by the school. Accommodation and living expenses may be paid according to the time limit for tuition fees, or separately.
Chapter IV Loan Guarantee Article 12 When granting commercial student loans, the lender may require the borrower to provide a guarantee. The guarantee method can be mortgage, pledge, guarantee or their combination, and the lender can also require the borrower to handle relevant insurance.
Article 13 Where the borrower takes mortgage or pledge as the guarantee, the lender shall require the provision of collateral recognized by the institution.
Article 14 Where a guarantee is adopted, the scope of the guarantor shall conform to the provisions of the Guarantee Law and relevant judicial interpretations.
Article 15 On the premise that the borrower meets the conditions stipulated by the lender, the lender may issue credit commercial student loans.
Chapter V Procedures for Handling Loans Article 16 A borrower may apply for a commercial student loan directly from the lender at the place of origin, that is, apply for a student loan, or apply for a commercial student loan at the place where the school is located, that is, apply for a student loan; However, the lender shall not accept the borrower's repeated application for loans in his place of origin and place of study.
Article 17 When accepting the borrower's application for commercial student loan, the lender shall require the other party to submit a written loan application, fill in the relevant application form, and submit the following documents, certificates and materials:
(1) The borrower's legal identity documents (including the original ID card, household registration book or other valid residence documents), and provide copies of the above documents;
(2) Proof of the relationship between the borrower and its legal representative as required by the lender;
(3) proof of the economic income of the borrower or his family members;
(four) the borrower provides the admission notice or the admission notice of the school for the freshmen, and the borrower provides the student ID card or other proof of school status if he is already at school;
(5) Relevant materials on the total amount of tuition, accommodation and living expenses required by the borrower during his study at school;
(VI) If the real estate is used as collateral, the certificate of the collateral and the commitment letter signed by the owner (including the owner of the real estate) to agree to mortgage (pledge) shall be provided, the collateral shall be submitted with the value evaluation report issued by the institution recognized by the lender, and the collateral shall be provided with the certificate of rights. If the collateral is guaranteed by a third party, a written document and relevant credit certification materials shall be issued.
(seven) the borrower and the guarantor shall personally issue and sign a written authorization to allow the bank to inquire about their personal credit information;
(8) Other supporting documents and materials required by the lender.
Article 18 After accepting the loan application, the lender shall investigate and verify the information provided by the borrower.
Article 19 Where a borrower applies for a loan at his school, the lender shall also contact the borrower's school as an introducer to do the following work:
(1) Recommend the borrower to the lender, and conduct preliminary examination on the borrower's qualifications and application materials;
(two) to assist the lender to supervise the use of loans;
(3) Inform the Lender that the Borrower is missing, dead or loses full capacity for civil conduct or labor during his school days, and that he has dropped out of school, transferred to another school, studied abroad or settled down, voluntarily dropped out of school, and was expelled. And assist the lender to take corresponding measures to protect the creditor's rights;
(4) Before the borrower graduates, provide the lender with relevant information such as his graduation destination, name of employment unit, residential address and contact telephone number;
(five) to assist the borrower to carry out credit education and loan repayment publicity, and explain the procedures and methods of loan repayment; Assist the lender to confirm the borrower's repayment and collect the loan.
Article 20 The lender shall examine and approve the loan according to the borrower's credit standing, loan purpose, guarantee and other factors. After the loan is approved, the lender shall promptly notify the borrower and the guarantor to sign the loan contract and guarantee contract related to the student loan, and go through the relevant formalities such as mortgage (pledge) registration according to the relevant requirements.
Article 21 The lender shall transfer the loan into the personal settlement account opened by the borrower in the bank or the account designated by the borrower's school according to the contract, and the lender shall supervise the use.
Article 22 The lender shall require the borrower to use the loan as agreed in the contract. In violation of the loan contract, the lender has the right to stop issuing loans and recover part or all of the loans in advance. Interest will be charged according to the relevant regulations of the People's Bank of China for the part of the loan that is not used according to the purpose agreed in this contract.
Article 23 The borrower and the borrower shall clearly stipulate the repayment method and repayment plan in the loan contract. The lender may grant the borrower a certain grace period according to the situation, during which the principal will not be repaid, or capitalize the interest generated during the school period according to the borrower's difficulty. The borrower began to repay the loan the next month after leaving school. The loan can be repaid monthly, quarterly or annually, and the interest can be paid off together with the principal, or it can be paid off in one lump sum when the loan expires.
Twenty-fourth after the signing of the loan contract, if it is necessary to change the repayment method, it must obtain the consent of the lender in advance.
Article 25 The lender may require the borrower to authorize the lender in the loan contract to directly deduct the repayable principal and interest from the personal settlement account opened by the borrower in our bank on the agreed repayment date.
Article 26 After the loan contract comes into effect, the borrower may repay part or all of the loan in advance as agreed in the contract, and the lender may not charge extra fees or in disguised form.
Article 27 If the borrower fails to repay the loan principal on schedule within the time limit stipulated in this contract, it shall apply to the lender for an extension in advance, with one extension. After the application is approved by the lender, the borrower and the lender shall sign an extension agreement. If the loan is secured, the extension agreement shall be confirmed in writing by the guarantor.
Article 28 Where a loan contract needs to be changed, it must be agreed by both borrowers and borrowers through consultation, and a change agreement shall be signed according to law. Where a third party's guarantee is involved, the change clause shall also be agreed by the third party's guarantor. Before the agreement is reached, the original loan contract is still valid.
Article 29 The lender shall require the borrower to notify the lender of the changed contact information, work unit or residence within 30 days after changing the contact information, work unit or residence.
Thirtieth borrowers and guarantors default during the loan period, the lender may, according to the loan contract:
(a) to require a deadline to correct the breach of contract;
(two) to increase the corresponding value of the collateral (pledge), or to replace the guarantor;
(3) Stop issuing unused loans;
(4) On the basis of the original loan interest rate;
(five) to recover part or all of the loan principal and interest in advance;
(6) the right of recourse against the guarantor;
(seven) according to the relevant laws and regulations to dispose of the mortgaged (pledged) things;
(eight) apply to the arbitration organ for arbitration or bring a lawsuit to the people's court.
Chapter VI Risk Management Article 31 A notification system for student loan default shall be established, and the lender shall submit the default information of the student loan borrower in accordance with the requirements of the system, and the banking supervision and management institution shall regularly enjoy the information within the scope of banking financial institutions.
Article 32 Upon approval and announcement according to law, the lender may transfer the creditor's rights to a third party through legal means such as securitization.
Article 33 Lenders shall formulate detailed rules for implementation according to these Measures, strengthen the management of loan issuance and recovery, strengthen services and strictly control risks.
Article 34 The lender shall strengthen communication with the school where the borrower is located and obtain the assistance and cooperation of the school in the management of commercial student loans.
Chapter VII Supplementary Provisions Article 35 Lenders may, according to their business development needs and risk management and control capabilities, independently decide to provide commercial student-origin student loans to needy students in full-time schools in other non-compulsory education stages in China, and formulate relevant business management norms with reference to these Measures.
Article 36 Lenders may independently determine the commercial student loans used by borrowers to study for master's degrees or above in overseas institutions of higher learning according to their business development needs and risk control capabilities, and provide full mortgage (pledge), and formulate relevant business management norms with reference to these Measures.
Article 37 These Measures shall come into force as of the date of promulgation, and the CBRC shall be responsible for the revision and interpretation.