Measures for the Administration of Bank Card Business

Chapter I: General Provisions

　　Article 1 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 the People's Republic of China on Commercial Banks, the Regulations of the People's Republic of China on Foreign Exchange Administration, and relevant administrative regulations in order to strengthen the management of bank card business, prevent risks in bank card business, and safeguard the legitimate rights and interests of commercial banks, cardholders, special units and other parties.

　　Article 2 The term "bank card" as used in these Measures refers to credit payment instruments issued by commercial banks (including postal financial institutions, the same below) to the public with all or part of the functions of consumer credit, transfer and settlement, and cash deposit and withdrawal.

　　Commercial banks are not allowed to issue bank cards without the approval of the People's Bank of China.

　　Article 3 All commercial banks, cardholders, merchants and other parties handling bank card business within the territory of the People's Republic of China shall abide by these Measures.

　　Article 4 Commercial banks shall, on the basis of consultation and mutual benefit, carry out joint bank card business such as information sharing, merchant sharing, and machine sharing.

Chapter II: Classification and Definitions

　　Article 5 Bank cards include credit and debit cards.

　　Bank cards are divided into RMB cards and foreign currency cards according to different currencies; According to the different issuance objects, it is divided into unit card (business card) and personal card;

　　According to different information carriers, it is divided into magnetic stripe cards and chip (IC) cards.

　　Article 6 Credit cards are divided into two categories: credit cards and quasi-credit cards according to whether or not they deposit reserve funds with the issuing bank.

　　A credit card is a credit card in which the issuing bank gives the cardholder a certain credit limit, and the cardholder can spend first and repay the loan later within the credit limit.

　　A 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 account is insufficient to pay, the cardholder can overdraw within the credit limit specified by the issuing bank.

　　Article 7 Debit cards are divided into transfer cards (including savings cards, the same below), special cards and stored-value cards according to their different functions. Debit cards do not have an overdraft feature.

　　Article 8 A debit card is a debit card that debits money in real time. It has the functions of transfer and settlement, cash deposit and withdrawal, and consumption.

　　Article 9 A special card is a debit card that has a special purpose and is used in a specific area. It has the functions of transfer settlement, cash deposit and withdrawal.

　　Specialized use refers to use other than 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 the money from the card during the transaction.

　　Article 11 A co-branded/recognition card is a bank card subsidiary product jointly issued by a commercial bank bank and a for-profit institution/non-profit institution, and the type of bank card attached to it must be a variety approved by the People's Bank of China, and shall comply with the business charter or management measures of the corresponding variety.

　　The card-issuing bank and the co-branded entity shall provide a certain percentage of discounts or special services for the co-branded cardholders to use the card in the co-branded unit; The cardholder receives the identity card to show their support for the business of the recognized organization.

　　Article 12 Chip (IC) cards can be applied to both a single bank card and a combined bank card.

Chapter III: Examination and Approval of Bank Card Business

　　Article 13 A commercial bank shall meet the following requirements for opening 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) Comply with the asset-liability ratio management monitoring indicators issued by the People's Bank of China, and be in good operating condition;

　　(3) A scientific and complete internal control system has been established for the business, and there are clear internal authorization and approval procedures;

　　(D) qualified management personnel and technical personnel, the corresponding management body;

　　(5) Safe and efficient computer processing systems;

　　(6) To issue a foreign currency card, it is also necessary to have the qualifications to operate foreign exchange business and the corresponding level of foreign exchange business operation and management;

　　(7) Other conditions stipulated by the People's Bank of China.

　　Article 14 Commercial banks that meet the above requirements may apply to the People's Bank of China for bank card business and submit the following materials:

　　(1) Application report: demonstrate the necessity and feasibility, and make market forecasts;

　　(2) Draft bank card charters or management measures, and card sample designs;

　　(3) Internal control systems and risk prevention measures;

　　(4) Test reports issued by the competent departments of science and technology of the People's Bank of China on the relevant system security and technical standards;

　　(5) Other materials required by the People's Bank of China.

　　Article 15 The articles of association of various types of bank cards of the card-issuing bank shall specify the following matters:

　　(1) The name, type, function, and purpose of the card;

　　(2) The object of issuance, the application conditions, and the application procedures for the card;

　　(3) The scope of use of the card (including restrictions on use) and the method of use;

　　(4) the interest rate applicable to the card's account, and the charging items and standards for the cardholder;

　　(5) The rights and obligations of the card-issuing bank, cardholders and other relevant parties;

　　(6) Other matters required by the People's Bank of China.

　　Article 16 Management authority and approval procedures for bank cards

　　(1) Commercial banks opening all kinds of bank card business shall, in accordance with the provisions of the People's Bank of China on strengthening internal control and authorized credit management, separately formulate unified articles of association or business management measures, and report them 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 shall 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 shall forward it to the head office of the People's Bank of China for approval.

　　(2) Commercial banks that have opened credit or debit card business may apply to the People's Bank of China for the issuance of joint/recognition cards, special cards and stored value cards; Commercial banks that have opened RMB credit card business may apply to the People's Bank of China for the issuance of foreign currency credit cards.

　　(3) Commercial banks issuing co-branded cards, IC cards, and stored-value cards for use throughout the country shall report to the head office of the People's Bank of China for approval.

　　(4) A branch of a commercial bank shall file with the local bank of the People's Bank of China with the approval documents of the People's Bank of China and the authorization documents of the head office of the People's Bank of China for the record with the bank card business approved by the head office of the People's Bank of China.

　　A branch of a commercial bank shall report to the local central branch of the 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) Commercial banks shall report to the People's Bank of China for examination and approval when changing the name of a bank card or amending the articles of association of a bank card.

　　Article 17 Foreign-funded financial institutions shall report to the head office of the People's Bank of China for approval when engaging in bank card acquiring business.

　　Bank card acquiring business refers to the settlement of domestic and foreign currency funds provided by the contracted banks to merchants.

Chapter IV Interest Calculation and Charging Standards

　　Article 18 The calculation of interest on bank cards, including the calculation of interest and the calculation and payment of interest, shall be calculated in accordance with the provisions of the Financial System for Financial and Insurance Enterprises.

　　Article 19 The card-issuing bank shall calculate and pay interest on deposits in credit cards and debit cards (excluding stored-value cards) in accordance with the deposit interest rates and interest calculation methods of the same grade for the same period stipulated by the People's Bank of China.

　　The issuing bank does not pay interest on the currency value of the deposit in the credit card account and the stored value card (including the e-wallet of the IC card).

　　Article 20 Credit card holders are entitled to the following preferential conditions for non-cash transactions:

　　(1) Interest-free repayment period treatment. The interest-free repayment period is between the date of bank account and the due date specified by the issuing bank. The interest-free repayment period is up to 60 days. Cardholders who repay all bank funds used before the due date can enjoy an interest-free repayment period and do not need to pay interest on non-cash transactions.

　　(2) Minimum repayment treatment. If the cardholder has difficulty in repaying all the bank funds used before the due date of repayment, the cardholder may repay the loan according to the minimum repayment amount stipulated by the issuing bank.

　　Article 21 When a credit card holder chooses the minimum repayment amount or uses the card in excess of the credit limit approved by the issuing bank, he or she shall no longer enjoy the interest-free repayment period and shall pay the overdraft interest calculated at the prescribed interest rate for the outstanding part from the date of bank accounting.

　　If a credit card holder withdraws cash or a quasi-credit card overdraft, he or she is not entitled to the interest-free repayment period and the minimum repayment amount, and shall pay the overdraft interest calculated at the prescribed interest rate for the cash transaction amount or overdraft amount from the date of bank accounting.

　　Article 22 The issuing bank shall charge a late fee and an over-limit fee of 5% of the unpaid part of the minimum repayment amount and the part exceeding the credit limit respectively for the credit card holder's failure to repay the minimum repayment amount and the use of the card in excess of the credit limit.

　　Article 23 Credit card overdrafts shall receive compound interest on a monthly basis, and quasi-credit card overdrafts shall receive simple interest on a monthly basis, and the overdraft interest rate shall be 5/10,000 per day and shall be adjusted in accordance with this interest rate adjustment of the People's Bank of China.

　　Article 24 A commercial bank shall charge the merchant a settlement fee in accordance with the following standards for bank card acquiring business:

　　(1) Hotels, catering, entertainment, tourism and other industries shall not be less than 2% of the transaction amount;

　　(2) Other industries shall not be less than 1% of the transaction amount.

　　Article 25 The following profit sharing ratios shall be implemented for inter-bank transactions:

　　(1) In cities that have not established an information exchange center, the settlement fee received from the merchant shall be distributed at the ratio of 90% of the card issuer and 10% of the acquirer;

　　Commercial banks can also conduct inter-bank transactions through negotiation in the form of apportionment of machinery and tools, mutual agency, and mutual non-charge.

　　(2) In cities that have established information exchange centers, the settlement fees received from merchants shall be distributed in the proportion of 80% of the card issuer, 10% of the acquirer, and 10% of the information exchange center.

　　Article 26 The cardholder shall bear the cost of inter-bank withdrawal of money at ATM, and the following charging standards shall be implemented:

　　(1) The cardholder shall not be charged more than RMB 2 for each withdrawal within the city where the card is issued;

　　(2) The cardholder shall be charged no less than RMB 8 for each withdrawal of cash outside the city where the card is issued.

　　The handling fee for inter-bank withdrawals from ATMs is distributed according to the ratio of 70% of the machine owner and 30% of the clearinghouse.

　　Article 27 A commercial bank shall charge a settlement fee from the merchant for the acquiring of overseas bank cards, and the standard of the handling fee shall not be less than 4% of the transaction amount.

　　If a domestic bank signs a credit card acquiring agreement with an overseas institution, the profit-sharing ratio shall be 37.5% and 62.5% of the handling fee paid by the merchant respectively between the domestic bank and the overseas institution.

Chapter 5 Account and Transaction Management

　　Article 28 When an individual applies for a bank card (except for a stored-value card), he or she shall provide the card-issuing bank with his/her valid identity documents as prescribed by the public security department, and after passing the examination by the card-issuing bank, open a registered account for him/her;

　　Any unit that opens a basic deposit account with a financial institution within the territory of China shall apply for a unit card with the account opening permit issued by the People's Bank of China;

　　The bank card and its account can only be used by the cardholder approved by the issuing bank, and cannot be rented or lent.

　　Article 29 The funds in the RMB card account of the unit shall be transferred and deposited from the basic deposit account, and no cash shall be deposited or withdrawn, and the income from sales shall not be deposited into the account of the unit card.

　　Article 30 The funds in the foreign currency card account of a unit shall be transferred and deposited from the foreign exchange account of the unit, and foreign currency cash shall not be deposited or withdrawn within the territory. The foreign exchange account should meet the following conditions:

　　(1) Open in accordance with the relevant provisions of the People's Bank of China on the management of domestic foreign exchange accounts;

　　(2) The payment content is within the scope of income and expenditure of its foreign exchange account.

　　Article 31 The funds in an individual's RMB card account shall be deposited in cash in their possession or transferred and deposited in the form of salary funds, lawful remuneration for labor services belonging to individuals, investment returns, and other income.

　　Article 32 The funds in an individual's foreign currency card account shall be deposited in or transferred from his/her foreign exchange account (including foreign currency account) with his/her foreign currency banknotes. The transfer and deposit of the account shall be handled in accordance with the Measures for the Administration of Individual Foreign Exchange issued by the State Administration of Foreign Exchange.

　　When withdrawing foreign currency cash from the mainland, the personal foreign currency card shall be handled in accordance with the mainland personal foreign exchange management system.

　　Article 33 Except for the scope and area designated by the State Administration of Foreign Exchange, foreign currency cards shall not, in principle, be settled in foreign currency within the territory of China.

　　Article 34 The cardholder may apply for account closure after paying off all transaction payments, overdraft principal and interest and related fees. When the account is closed, the funds in the RMB card account of the unit shall be transferred to the basic deposit account, and the funds in the foreign currency card account of the unit shall be transferred back to the corresponding foreign exchange account, and no cash shall be withdrawn.

　　Article 35 The RMB card of an entity may handle the settlement of commodity transactions and labor service supply payments, but shall not be overdrawn; If the starting point specified by the People's Bank of China is exceeded, the transfer shall be handled through the local branch of the People's Bank of China.

　　Article 36 The issuing bank shall authorize each cash withdrawal of the credit card, and the cumulative daily cash withdrawal of each card shall not exceed RMB 2,000.

　　The card-issuing bank shall set a transaction limit for the cardholder's withdrawal at an ATM, and the cumulative daily withdrawal of each card shall not exceed RMB 5,000.

　　Article 37 The face value of the stored value card or the currency value in the card shall not exceed 1,000 yuan.

　　Article 38 When a commercial bank issues an identity card, it shall not pay donations or other expenses to the recognition unit from its income.

　　Article 39 The electronic information records generated by the card-issuing bank for the cardholder's deposits, withdrawals, transfers and settlements based on the password and other electronic information shall be valid evidence for the transaction. The card-issuing bank can use the transaction details record or list as the accounting voucher.

　　Article 40: The original documents of bank card transactions through various types of terminal transactions connected to the Internet shall be kept for at least two years for future reference.

Chapter VI Bank Card Risk Management

　　Article 41 The card-issuing bank shall carefully examine the credit status of the credit card applicant, and determine the effective guarantee and the guarantee method according to the applicant's credit status.

　　The card-issuing bank shall conduct a regular review of the credit status of the credit card holder, and shall adjust its credit limit according to changes in the credit status.

　　Article 42 The card-issuing bank shall establish an authorization and approval system to clarify the authorization authority and authorization limit for internal staff at different levels.

　　Article 43 The card-issuing bank shall strengthen the management of the stop payment list, and receive and send the stop payment list in a timely manner.

　　Article 44 The card-issuing bank shall not advance funds for the cardholder or the entrusting unit for the agency business handled through the debit card.

　　Article 45 The card-issuing bank shall comply with the following risk control indicators for credit card business:

　　(1) The amount of a single overdraft incurred by the same cardholder shall not exceed 20,000 yuan (including equivalent foreign currency) for individual cards and 50,000 yuan (including equivalent foreign currency) for corporate cards.

　　(2) The monthly overdraft balance of the same account shall not exceed 50,000 yuan (including the equivalent in foreign currency), and the corporate card shall not exceed 3% of the comprehensive credit line of the issuing bank for the unit. For units without a comprehensive credit line to refer to, their monthly overdraft balance shall not exceed 100,000 yuan (including the equivalent in foreign currency).

　　(3) The overdraft limit of a foreign currency card shall not exceed 80% of the cardholder's margin (including the pledge amount of savings certificates).

　　(4) The average monthly overdraft balance of more than 180 days (including 180 days, the same below) that occurs from the date of implementation of these Measures shall not exceed 15% of the total average monthly overdraft balance.

　　Article 46 The maximum overdraft period of a quasi-credit card is 60 days. The minimum payment for the first month of the credit card must not be less than 10% of its overdraft balance for that month.

　　Article 47 The card-issuing bank shall recover the overdraft funds and fraudulent funds through the following channels:

　　(1) Withholding or decreasing the cardholder's security deposit, and disposing of collateral and pledges in accordance with law;

　　(2) recovering overdraft funds from the guarantor;

　　(3) Recover compensation through the litigation procedures of the judicial organs.

　　Article 48 If the card-issuing bank is still insufficient to make up for the measures listed in Article 47 after taking the measures, it shall be implemented in accordance with the Measures for the Management of Doubtful Debt Reserves of the Ministry of Finance.

　　Article 49 If the overdraft that has been written off is recovered, the principal and interest shall be treated as an increase in the "reserve for doubtful debts".

　　Article 50 Where a branch of a commercial bank invests capital to join the bank card information exchange center in the city where it is located, it shall report to its head office for approval.

Chapter VII: Duties between bank card parties

　　Article 51 The rights of the card-issuing bank:

　　(1) The card-issuing bank has the right to examine the applicant's credit status, obtain the applicant's personal information, and decide whether to issue a card to the applicant and determine the credit card holder's overdraft limit.

　　(2) The card-issuing bank has the right to recover from the cardholder's overdraft. If the cardholder fails to return the overdraft within the prescribed time limit, the card-issuing bank has the right to apply for legal protection and pursue the legal liability of the cardholder or relevant parties in accordance with the law.

　　(3) The card-issuing bank has the right to cancel the cardholder's qualification from a cardholder who fails to comply with the provisions of its articles of association, and may authorize the relevant entity to withdraw the cardholder's card.

　　(4) The issuing bank may not report the loss of the electronic wallets in the stored value card and IC card.

　　Article 52 Obligations of the Card-Issuing Bank:

　　(1) The card-issuing bank shall provide the bank card applicant with information on the use of the bank card, including the articles of association, instructions for use and charging standards. Existing cardholders may also obtain the above information.

　　(2) The card-issuing bank shall establish a fair and effective complaint system for bank card services, and make public the complaint procedures and complaint telephone numbers. The card-issuing bank shall reply to the cardholder's request for inquiry and correction of the account situation within 30 days.

　　(3) The card-issuing bank shall provide reconciliation services to the cardholder. Statements of account are provided to cardholders on a monthly basis, and the issuing bank may not provide statements of account to cardholders under the following circumstances:

　　1. The cardholder has been provided with a passbook or other transaction record;

　　2. No transactions have been made since the last statement and there is no outstanding balance in the account;

　　3. It has been separately agreed with the cardholder.

　　(4) The bank card statement provided by the card-issuing bank to the cardholder shall list the following contents:

　　1. Transaction amount, account balance (the credit card should also list the due date for repayment, minimum repayment, and available credit limit);

　　2. the date on which the transaction amount was credited to or debited from the relevant account;

　　3. Date and type of transaction;

　　4. Transaction number;

　　5. The name or code of the merchant to be used as the payment object (except for off-site transactions);

　　6. Inquire or report the address or telephone number of the account that does not match the account.

　　(5) The card-issuing bank shall provide the cardholder with the service of reporting the loss of the bank card, and shall set up a 24-hour service hotline for reporting the loss, and provide two methods of reporting the loss: telephone and writing, and the written report shall be the formal method of reporting the loss. The liability for loss reporting between the card-issuing bank and the cardholder should be clearly defined in the articles of association or relevant agreements.

　　(6) The card-issuing bank shall explain to the cardholder the importance of the password and the responsibility for loss in the articles of association or instructions for use of the card.

　　(7) The card-issuing bank shall be responsible for maintaining the confidentiality of the cardholder's credit information.

　　Article 53 Rights of Cardholders:

　　(1) The cardholder shall enjoy the right of the card-issuing bank to provide all the services promised by the card-issuing bank to its bank card, and shall have the right to supervise the quality of service and complain about non-compliance with the quality of service.

　　(2) Applicants and cardholders have the right to know the functions, usage methods, charging items, charging standards, applicable interest rates and relevant calculation formulas of the bank cards they choose.

　　(3) The cardholder has the right to obtain a statement from the card-issuing bank within the prescribed time, and has the right to request inquiry or correction of any inconsistencies in the accounts.

　　(4) After the loss reporting procedures for the debit card are completed, the cardholder shall no longer be liable for the change of funds in the corresponding card account, unless otherwise decided by the judicial authority or arbitration authority.

　　(5) The cardholder has the right to obtain the credit card usage agreement, which shall be kept in a safe place.

　　Article 54 Obligations of the Cardholder:

　　(1) The applicant shall provide the true application materials to the card-issuing bank and provide it with a qualified guarantee in accordance with the regulations of the card-issuing bank.

　　(2) The cardholder shall abide by the articles of association of the card-issuing bank and the relevant provisions of the Receipt Contract.

　　(3) If there is a change in the mailing address or occupation of the cardholder or guarantor, the cardholder or guarantor shall promptly notify the card-issuing bank in writing.

　　(4) The cardholder shall not refuse to pay the amount owed to the bank on the grounds of dispute with the merchant.

　　Article 55 A commercial bank shall sign an acceptance contract with the merchant when developing a merchant that accepts bank cards.

　　The acceptance contract shall not include an exclusivity clause. If the standard of the handling fee rate in the acceptance contract is lower than the standard specified in these Measures, it shall not be protected by law.

　　Article 56 The bank card application form and the contract for receiving the bank are contractual documents provided by the card-issuing bank to the bank card holder that clearly define the rights and responsibilities of both parties, and the cardholder's signature indicates that the cardholder accepts the provisions therein.

　　The card-issuing bank shall, in accordance with the principle of reciprocity of rights and obligations, formulate the bank card application form and the credit card application contract.

Chapter VIII Penalties

　　Article 57 In any of the following circumstances, the People's Bank of China shall order a commercial bank to make corrections, and if it has unlawful gains, it shall impose a fine of not less than one time but not more than three times the unlawful gains, but the maximum shall not exceed 30,000 yuan; where there are no unlawful gains, fines are to be imposed in accordance with relevant laws and regulations; where the circumstances are serious, the directly responsible managers and relevant directly responsible personnel shall be pursued for administrative responsibility, and the relevant leaders shall be held accountable if the circumstances are serious:

　　(1) Issuing bank cards without authorization or committing fraud in the process of applying for bank card business;

　　(B) in violation of the provisions of these measures for interest and charging standards;

　　(3) Violating the provisions of these Measures on the management of bank card accounts and transactions.

　　Article 58 Where a card-issuing bank fails to comply with the risk management measures and control indicators provided for in these Measures, the People's Bank of China shall order corrections and give a notice of criticism.

　　Article 59 Where a cardholder leases or lends his credit card and its account, the card-issuing bank shall order the cardholder to make corrections and impose a fine of not more than RMB 1,000 on him (as agreed in advance by the card-issuing bank in the application form, contract and other contractual documents).

　　Article 60 Where a cardholder deposits cash into a corporate card account or funds from an entity into an individual card account, the People's Bank of China shall order corrections and impose a fine of not more than RMB 1,000 on the unit to which the corporate card belongs and the individual cardholder.

　　Article 61: In any of the following circumstances, any unit or individual is to be dealt with in accordance with the Criminal Law of the People's Republic of China and relevant laws and regulations:

　　(1) Fraudulently obtaining or fraudulently using credit cards;

　　(2) Forging or altering bank cards;

　　(3) Maliciously overdrafting;

　　(4) Using bank cards and their tools to defraud bank funds.

　　Article 62 Where 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 impose penalties in accordance with the relevant provisions of the Regulations on the Administration of Foreign-funded Financial Institutions.

　　Article 63 Where non-financial institutions or representative offices of financial institutions engage in bank card business, the People's Bank of China shall ban them in accordance with law.

Chapter IX: Supplementary Provisions

　　Article 64 All types of bank cards issued by commercial banks (or financial institutions) within the territory of the People's Republic of China shall implement the technical standards prescribed by the State, except for the issuance of bank cards bearing the mark of international credit card associations.

　　The unit card should be embossed with the word "DWK" in the appropriate position at the bottom left of the card face.

　　The bank card face shall contain the following elements: the name of the first-level legal person of the issuing bank, the unified brand name, the brand logo (except for special cards), the card number (except for IC cards), the precautions for the use of the cardholder, the customer service telephone number, the signature of the cardholder (except for the IC card), etc.

　　Article 65: These Measures apply to bank cards issued by other financial institutions and overseas institutions that have been approved by the People's Bank of China to handle bank card business in circulation and use within the mainland.

　　Article 66 The People's Bank of China shall be responsible for the interpretation of these Measures.

　　Article 67 These Measures shall come into force on March 1, 1999, and the card-issuing bank shall meet the relevant requirements of these Measures within half a year. The Measures for the Administration of Credit Card Business (Yin Fa [1996] No. 27) promulgated by the People's Bank of China in 1996 shall be repealed at the same time; Where the bank card management regulations formulated by the People's Bank of China before the promulgation of these Measures conflict with these Measures, these Measures shall prevail.

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