Welcome Guest    
You are using Guest Account
Chinese Version
 
 
 
OPINIONS ON PROMOTING THE DEVELOPMENT OF BANK CARD INDUSTRY
 
(No. 103 [2005] of the People's Bank of China promulgated on April 24, 2005)
     
     
SUBJECT : BANK CARD
ISSUING DEPARTMENT : THE PEOPLE'S BANK OF CHINA, NATIONAL DEVELOPMENT AND REFORM COMMISSION, MOPS, MINISTRY OF FINANCE, MOII, MINISTRY OF COMMERCE, STATE ADMINISTRATION OF TAXATION, FOREIGN EXCHANGE BUREAU OF CHINA BANKING REGULATORY COMMISSION
ISSUE DATE : 04/24/2005
IMPLEMENT DATE : 04/24/2005
LENGTH : 3,046 words
TEXT :
In recent years, the bankcard industry of our country has developed rapidly, where the bankcard issuance has increased greatly, the environment to accept bankcard business has been obviously improved, the objective of bankcard networking has been basically realized, and a bankcard industry chain constituted by diversified market subjects has been initially formed. However, the bankcard industry of our country still remains at the primary stage, and, compared with developed countries, there is still a comparatively large discrepancy in respects such as the frequency of using bankcards, the proportion of holding bankcards for consumption, and the popularization rate of bankcards for clients. At the same time, there exist such extruding problems that the institutional construction of relevant laws lags behind, the industrial supporting policy is insufficient and the bankcard acceptance market is irregular. In order to promote a fast and sound development of bankcard industry and popularize bankcards, we hereby put forward the following opinions:


I. THE GUIDING IDEOLOGY AND PRINCIPLES OF BANKCARD INDUSTRY DEVELOPMENT

The development of bankcard industry is a project that benefits our country and people and has a great significance on decreasing cash circulation, reducing dealing costs, promoting consumption, enlarging taxation, promoting the development of relevant industries, reinforcing the anti-money-laundering work and improving our international image.

The guiding ideology of bankcard industry development is: In accordance with the requirements of providing a high-quality financial service for building an all around well-off society, we should set up an objective of providing a safe, widespread, quick and high-quality bankcard service, and, through improving the legal institution, fostering the industrial support, advancing technical means, improving the bankcard utilization environment, strengthening the protection for the rights and interests of bankcard holders and regulating the market order, we should promote a fast and sound development of the bankcard acceptance market, effectively advance the competitiveness of our bankcard industry, reduce risks to the largest extent so as to lead our bankcard industry into a favorable development track.

The principle of developing bankcard industry is: Combining the governmental promotion, industrial self-discipline and market mechanism; combining a uniform planning with a step-by-step implementation; combining development with regulation; combing an overall development with focused promotion; a combination of strengthening the construction of bankcard industry infrastructure, fostering the habit of using bankcards and promoting consumption by using bankcards; a combination of promoting the development of bankcard industry and enhancing the service quality of banks; a combination of enhancing the risk prevention level for bankcard safety and strengthening the safety education of bankcard holders; and a combination of safeguarding the legitimate rights and interests of bankcard holders and accelerating the development of bankcard industry.


II. WORK EMPHASIS ON PROMOTING THE DEVELOPMENT OF BANKCARD INDUSTRY

1. Improving the Legal System and Building a Favorable Institutional Environment

The State Council is enjoining the relevant departments to deliberate and draft the Regulations on Bankcards as quickly as possible so as to accelerate the statute building for the administration of business operation. The relevant departments shall, according to the functions and duties and power limits, formulate the relevant supporting regulations and rules. The rights, liabilities and obligations of all participants shall be clarified and the legitimate rights and interests of the parties concerned shall be ensured; the issuance, use and acceptance rules of bankcards shall be unified, the payment by bankcards shall be regulated and the requirements on risk control and information safety shall be clarified so as to effectively prevent any payment risk.

2. Meeting the Demand and Improving the Varieties and Functions of Bankcards

(1) Encouraging to popularize business cards: The governmental departments at all levels and the budget instrumentalities affiliated thereto shall actively take lead in using bankcards. Expenditure of public affairs such as administrative funds and travel allowances shall be paid by means of bankcards so as to enhance the transparency of the expenditure of budget funds and strengthen the supervision and control of the expenditure for public affairs.

(2) Continuing the development of debit cards and developing credit cards steadily: We should further perfect the functions of debit cards, enhance the service quality of debit cards, and promote the development of debit cards. We should develop credit cards in a steady manner on the precondition that any risk of credit cards is effectively prevented.

(3) Expending the utilization room of bankcards and promoting the application of IC cards of banks: We should promote an organic combination of bankcard functions and the application thereof in any other industry so as to realize the sharing of resources and harmonious development. We should regulate electronic payments such as cyber payments and mobile payments that use bankcards as the medium in an orderly manner so as to promote a healthy development thereof. We should actively develop the varieties of bankcards that would satisfy the demands of different groups and satisfy the individualization of clients. The People's Bank of China shall, according to the new industrial standard of China's Criterion on Financial Integrated Circuit (IC) (2005), promote the application development of IC bankcards.

3. Promoting a Fast and Sound Development of Bankcard Handling Market To Enlarge the Range thereof

(1) Reinforcing the construction of bankcard acceptance market: To improve the bankcard utilization environment and to promote the popularization of bankcards application shall be the core work of developing the bankcard industry. The market-based economic tools shall play a dominant role and shall be supplemented by necessary governmental guidance. We should strive to realize the goal that, by 2008, 60% of those commercial clients whose annual business volumes are above 1,000,000 yuan will have accepted bankcards and bankcards will have been accepted in all the key business districts and commercial streets, star hotels and key tourism sceneries of large and medium cities and that the consumption by using bankcards in large and medium cities will have accounted for around 30% of the total social retail sale consumption.

(2) Regulating the development of the bankcard acceptance market: We should clarify the rights, obligations and liabilities of market subjects concerning bankcard business operation such as bankcard issuance organizations, bankcard settlement organizations, bill acquiring organizations, bankcard holders, clients who are engaged in special arrangement and specialized service organizations according to the principle of compliance of rights and obligations so that the said market subjects may bear their corresponding risks and liabilities. We should strengthen the administration over the bill acquiring market in order to ensure that all the bankcards issued by bankcard issuance organizations be accepted. We should improve the specialized service system, reinforce the administration and risk control of contract-out of bankcard business operation and enhance the level of specialized service.

(3) Establishing and improving a reasonable charging and pricing mechanism: We should uphold the principle of reasonable charge for banking service, give comprehensive consideration to factors of costs, profits and risks, take the interests of all parties into account and establish a scientific and reasonable bankcard pricing mechanism. The price shall be set through negotiations between bill acquiring organizations and the clients thereof according to the development requirements of marketization. In order to encourage clients to accept bankcards, the local banks may, in light of factors such as the consumption amount of clients by punching bankcards, establish a proper awarding mechanism. Commercial banks shall scientifically formulate a financial management system for bankcards with strict cost accounting so as to lower costs.

(4) Elevating the popularization rate of bankcard acceptance by commercial enterprises: departments such as the Ministry of Commerce shall initiatively guide retail and service industries such as commerce, tourism and catering to accept bankcards.

(5) Enlarging the range of bankcard acceptance: the relevant departments shall encourage the institutions of public affairs to actively accept bankcard so as to promote the application of bankcards in charging fields of public affairs such as water, electricity and gasoline, and promote fields such as the ticket selling of civil aviation, railways, highways, and hospitals, schools and gasoline filling stations that is closely related to the general public and use huge amount of cash to accept bankcards.

(6) Exploiting the overseas Renminbi (RMB) bankcard market: We should deliberate and promulgate the relevant policies and measures to support the expansion of the acceptance network of RMB bankcards to overseas so as to encourage the expansion of the business operation of RMB bankcards acceptance to those countries and areas that have the demand of utilization and establish an international network of RMB bankcard acceptance. Commercial banks and bankcard settlement organizations shall expand the business operation of RMB bankcard acceptance to overseas in a positive and steady manner and take effective measures to prevent risks in foreign exchange, cheating or technology.

4. Encouraging Market Competition and Strengthening Service Conscientiousness

(1) Encouraging competitiveness and establishing a market operation mechanism: We should bring the basic function of market in allocating resources into full play, introduce a competitive mechanism in links such as the issuance, acceptance, information transit, machine allocation of bankcards so as to prevent any monopoly, encourage those institutions and organizations who satisfy the requirements to participate in the construction of bankcard acceptance market and build a fair and competitive market environment. Commercial banks shall, according to the requirements of building a modern financial enterprise system, do researches on reforming the operational mode of bankcards, lowering costs and advancing competitiveness.

(2) Strengthening service conscientiousness and elevating service quality: The relevant market subjects involved in the business operation of bankcards shall reinforce the communication and collaboration, cooperate with each other closely and regard safeguarding the legitimate rights and interests of cardholders as an important content of banking service. Commercial banks shall establish service standards, service flow and service criteria that satisfy the demands of market and clients in order to attract clients to accept bankcards and the general public to use bankcards.

5. Enlarging the Range of Networking Use and Enhancing the Efficiency of Network Operation

(1) Consolidating and improving the achievements of networking use: We should earnestly summarize and spread the working experience of networking use in recent years, where the range of networking use shall be further extended to all the cities at and above the prefecture-city level and economically-developed cities at the county level. We should ensure that all bankcard machines satisfy the relevant criteria and standards of networking use, strictly abide by the principle of "one counter, one machine" so as to realize the sharing of resources. We should improve the technical standards for using RMB bankcards as soon as possible and strengthen the popularization of the technical standards of RMB bankcards that are formulated according to the international criteria. Those RMB bankcards newly issued by any commercial bank shall meet the said technical standards and shall complete the work of changing the present non-standardized bankcards as soon as possible.

(2) Enhancing the quality of trading network operation: The relevant market subjects involved in the business operation of bankcards shall ensure the operational efficiency of internal networks and trans-banks trading networks. Enterprises that engage in telecommunications operation shall ensure an unobstructed telecommunications through the trading networks in order to strive to realize the goal that, by 2008, the success rate of trans-banks trades throughout the countries will have reached above 96%. We should incessantly improve service and accelerate the fulfillment of accounting funding for consumption by punching bankcards. A working mechanism of mistake-discovering, appealing and dispute-handling shall be established so as to enhance the efficiency of handling mistakes and safeguard the legitimate rights and interests of cardholders.

6. Intensifying the Risk Management of Bankcards and Establishing a Risk Prevention Mechanism

(1) The relevant departments shall, according to the overall requirements of the State Council on building the social credit system, accelerate the building of an individual credit investigation system so as to realize the sharing of any unfavorable information concerning bankcards among the People's Bank of China, Commercial Banks and the relevant departments.

(2) The People's Bank of China and China Banking Regulatory Commission shall, according to their respective functions and duties, intensify the risk management of bankcard technologies, establish and improve the risk management system of bankcard technologies and take effective technical measures to prevent any counterfeit or defrauding trading of bankcards and establish and improve a report-for-archival-filing, early warning and circulating system for bankcard cases. They shall follow and conduct researches on the international trend of changing from magnetic cards to chip cards, formulate the relevant strategies according to the guideline of "responding actively and implementing prudently" so as to bring along the development of our electronic information industry.

(3) The relevant department shall regulate the administration of bankcard assess, establish and improve a risk supervision and administration index system of credit cards, and shall prevent any disorderly competition or blind card issuance so as to ensure that the number of bankcards issued be in line with the capability of risk management and internal control.

(4) The relevant departments shall intensify the data disposal of bankcards and the assess control and supervision and administration on the contract-out of relevant business operations. There shall be clarified provisions on the relevant business operations undertaken by any foreign-funded organizations within the territory so as to ensure the safety of transaction information and client information.

(5) The Ministry Public Security shall, in collaboration with departments such as the People's Bank of China, China Banking Regulatory Commission, the State Administration of Foreign Exchange and Commercial Banks, establish an information exchange mechanism and a cooperation mechanism for bankcard cases for the purpose of preventing and cracking down on bankcard crimes, pay equal attention to the prevention and crack-down, carry out regulation and administration concurrently and make efforts to prevent any bankcard crime from happening on the source.

(6) The commercial banks shall reinforce the internal risk management for safety and elevate the capability of risk prevention and anti-fraud in respects such as technical means, operation flow, internal control, client management, trainings and education. Great importance shall be attached to any credit risk or cheating risk in the process of starting an operation of credit card. The function of social credit service institutions in respect of preventing credit card risks shall be brought into full play according to the relevant legal system on the credit investigation administration. The insurance of safe utilization of bankcards by cardholders shall be set as an important content of risk prevention.

(7) The relevant market subjects of bankcard business shall, according to the provisions on anti-money-laundering and any other provisions, effectively carry out the supervision over bankcard dealings and the reporting work of any suspected trading with big amount, and, by improving the system and technical measures, prevent any lawbreaker from making use of bankcards to commit crimes such as money laundering and trans-boundary illegal fund transfer.

7. Formulating an Industrial Encouraging Policy and Intensifying the Industrial Support

(1) Deliberating on and promulgating financial taxation supporting policies: The Ministry of Finance, the State Administration of Taxation shall, in collaboration with the relevant departments, actively deliberate on and formulate the relevant tax preferential policies.

(2) Intensifying the cooperation of the golden card project and the golden tax project: We should promote the information exchange between the golden card project and the golden tax project so as to promote the sharing of information resources and technical services. The State Administration of Taxation shall, in collaboration with the Ministry of Information Industry and the People's Bank of China, actively coordinate in the work of piloting and popularizing financial tax-control collection machines that have the function of accepting bankcards according to the plan formulated by the information office of the State Council.

(3) Guiding enterprises to lower telecommunications costs: The Ministry of Information Industry shall encourage the operational enterprises of telecommunications to carry out favorable policies on the charge for telecommunications in bankcard transaction according to the market operational mode.

(4) Supporting the development of industries relating to bankcards and technical innovation: We should support new and high technical industries such as telecommunications, manufacture of integrated circuits, development of software and operational service. Upon recognition, the relevant enterprises may enjoy all kinds of preferential policies of the state on encouraging the development of the software industry and integrated circuit industry. We should intensify the patent protection on all kinds of innovations of technologies and business operation.

8. Strengthening the Publicity and Education of Bankcards

By making full use of all news media, we should do a good job of the publicity and education for popularizing bankcards and cracking down on bankcard crimes so as to let the general public to grasp the common sense, positive functions and knowledge of safety utilization of bankcards, intensify the consciousness and initiative of supporting bankcards and preventing crimes so as to build a favorable public opinion environment for the healthy development of bankcard industry.


III. INTENSIFYING THE ORGANIZATION AND LEADERSHIP AND FORMING A UNITED FORCE OF POLICIES

Since the development of bankcard industry is related to many aspects, all the departments shall attach great importance to it and uniform the ideology thereof, fully realize that the bankcard industry has a great significance on improving the payment environment, enlarging consumption, preventing any tax evading, safeguarding the market order and building an all round well-off society, intensify the organization and leadership and effectively bear the responsibilities thereof. The coordination leading group of the state golden card project and the office thereof shall intensify the coordination work and do a good job of the relevant supervision and examination. By 2006, the RMB bankcard operation shall be opened to the outside world in an all-around manner, and accordingly the bankcard industry of our country is facing a comparatively big challenge and we should make use of the limited time to enhance the international competitiveness of our industries. There has come up a pressing requirement of improving the environment for bankcard utilization for the 2008 Olympic Games in Beijing and the 2010 World Expo in Shanghai. The relevant departments of all provinces, autonomous regions, and municipalities directly under the Central Government shall establish and improve a guiding and coordinating mechanism for the work concerning bankcards, make overall plans for and guide the work concerning bankcards in the administrative division thereof, formulate and put into effect the relevant policies and measures, coordinate in the settlement of any extruding problem in the development of bankcard industry and guide and promote the development of bankcard industry in the administrative division thereof.
For More Articles Subscribe

To view more Information on this Law
please login

Login
Password
Not a subscriber yet? Click here
Copyright 2002 NovexCn.com