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Article 1. The present Measures are formulated to regulate the service pricing acts of the commercial banks, to safeguard the legal rights and interests of the consumers, promote the sound development of the commercial banks in accordance with the Law of the People's Republic of China on Commercial Banks, and the Price Law of the People's Republic of China. Article 2. The present Measures shall be applicable to the commercial banks service pricing acts occurring within China. Article 3. The term "commercial banks" refers to the banking institutions established in accordance with the Law of the People's Republic of China on the Commercial Banks and the Administrative Rules for the Foreign-funded Financial Institutions of the People's Republic of China. Article 4. The term "services of commercial banks" mentioned in the present Measures means the various kinds of paid banking services of home and foreign currencies provided by the commercial banks to their customers. Article 5. When setting service prices and providing banking services, the commercial banks shall abide by relevant price laws, regulations and rules of the state, shall follow the principles of reasonableness, openness, faithfulness and conformity between quality and price, shall center around the banks' customers, shall increase the types of services, shall improve the service quality, and shall forbid unfair competition by means of the service prices. Article 6. For the commercial banks' service prices, the government-guided prices and market-regulated prices shall be adopted according to the nature, characteristic and the status of market competition. Article 7. The commercial banks shall adopted government-guided prices within the scope listed below: (1) The basic Renminbi settlement businesses, including bank drafts, bank acceptance notes, promissory notes, checks, remittances, entrusted collection, and collection with acceptance; and (2) The commercial banks' service items determined by the China Banking Regulatory Committee and the National Development and Reform Committee according to the impacts upon the individuals, enterprises and public entities, and the situation of market competition. Except for the provisions of the preceding paragraph, for the other services provided by the commercial banks, market-regulated prices shall be adopted. Article 8. The service prices subject to government guidance shall be set down according to the principle of breaking even and earning meager profits, the specific service items, the trigger prices and the range of fluctuation shall be established by and subject to the joint regulation of the National Development and Reform Committee jointly and the China Banking Regulatory Committee. Article 9. The service prices subject to market regulation shall be set down and regulated by the head office of the commercial banks, the branches of foreign banks (or by the principal reporting bank, if there is one). No other branches of the commercial banks may establish and regulate the prices by themselves. The commercial bank shall take full account of the affordability of the individuals, enterprises and public entities in establishing and regulating the prices. Article 10. A commercial bank shall follow the principle of "he who entrusts pays" when handling the collection and payment businesses, and may not charge any fees against any entity or individual other than the entrusting parties. Article 11. A commercial bank shall not charge for the opening and cancellation of Renminbi savings accounts, the deposit and withdrawal of Renminbi not coming up to a large amount that occur in the same bank and same city, except for the withdrawal of large amounts, the sorting and counting of changes. The China Banking Regulatory Committee shall be responsible for the definition of the above-mentioned "changes" and "large amount", the establishment and regulation of relevant service prices. Article 12. A commercial bank shall establish a uniform price control system for the service items subject to market regulation, which shall specify the price-fixing scope, principle and methods, and the respective administrative functions of the head office and the branches. Article 13. A commercial bank shall abide by the relevant requirements that commodities and services that shall be sold at marked prices, and shall placard its service items, content and prices in its operating offices. Article 14. Where a commercial bank sets service prices in accordance with the present Measures, it shall submit a report to the China Banking Regulatory Committee at least 15 working days prior to the implementation, and shall placard them in the relevant operating offices at least 10 days prior to the implementation. When the commercial bank submits a report mentioned in the preceding paragraph to the China Banking Regulatory Committee, it shall send a copy to the China Banking Association at the same time. Article 15. The service items and prices of a commercial bank subject to market regulation shall be announced by China Banking Association by a proper method, and shall be subject to the supervision of the general public. Article 16. A commercial bank shall be subject to the punishment made by the administrative department of price affairs in accordance with the Price Law of the People's Republic of China and Regulation of Administrative Sanctions on Price Violations if it has any of the following acts: (1) Setting service prices falling within the scope under the guidance price of the government; (2) Exceeding the scope of fluctuation of the government-guided prices; (3) Failure to sell at the marked prices; (4) The other acts in violation of the present Measures. Article 17. Where a commercial bank violates Article 9,12, 14 of the present Measures, it shall be dealt with by the China Banking Regulatory Committee in accordance with the relevant laws, regulations and rules. Article 18. Where the policy banks, urban credit cooperatives, rural credit cooperatives, post deposit institutions, jointly funded finance companies, wholly-funded finance companies provide services prescribed in Article 4 of the present Measures, the service prices shall be in conformity with the requirements of the present Measures. Article 19. The present Measures shall be implemented as of October 1, 2003. Article 20. Any regulation regarding the commercial banks service prices or charges erenow and in conflict with the present Measures shall be abolished. |
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