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TABLE OF CONTENTS CHPATER I THE INTEGRATED RESPONSIBILITIES CHAPTER II MAIN FUNCTIONS CHPATER III INTERIOR INSTITUTIONS CHPATER IV STAFFING CHPATER V OTHER ITEMS The China Banking Regulatory Commission (hereinafter referred to CBRC) is established according to the Institutional Reform Plan of the State Council adopted at the first meeting of the 10th Standing Committee of the State Council and the Notice of the State Council on the Establishment of Organizations (No.8 (2003)). It is a public institution of the ministry level directly under the State Council. The CBRC shall, according to the authorized power, supervise and manage the banks, finance assets management companies and trust investment companies and other financial institutions of savings (hereinafter referred to banking financial institutions) in a uniform way, shall ensure the lawful and sound operations of the banking financial institutions. According to the decision of the Central Committee of the CPC, a CPC committee is established for the CBRC to perform the duties and functions prescribed by the Central Committee. CHPATER I THE INTEGRATED RESPONSIBILITIES (1) The supervision and management functions assumed by the People's Bank of China for the banking financial institutions; (2) The relevant functions of the former Central Financial Work Commission of the People's Communist Party of China. CHAPTER II MAIN FUNCTIONS (1) It shall formulate rules, regulations and measures concerning the supervision and management of the banking financial institutions; shall draft relevant laws and administrative regulations, and shall put forward propositions about the formulation and revision of them. (2) It shall be responsible for the examination and approval of the establishment, modification, termination and business scope of the banking financial institutions and the branches thereof. (3) It shall practice spot and non-spot supervision on the banking financial institutions, and in accordance with the law, it shall investigate into and deal with the acts in violation of the laws and regulations. (4) It shall inspect the qualifications of the superior managerial personnel of the banking financial institutions. (5) It shall be responsible for establishing national banking institutions data and statements, shall send a copy to the People's Bank of China, and make announcements in accordance with the relevant requirements of the State. (6) It shall, jointly with the Ministry of Finance and the People's Bank of China, provide opinions and suggestions about how to deal with the emergent risks of the financial institutions of savings. (7) It shall be responsible for the daily management work of the Board of Supervisors of the Important State-owned Banking Financial Institutions. (8) It shall complete the other tasks assigned by the State Council. CHPATER III INTERIOR INSTITUTIONS According to the above-mentioned main functions, 15 functional institutions shall be established under the CBRC: (1) General Office (The Office of the Party Committee) It shall organize and coordinate the routine work of the organ; be responsible for the drafting of relevant documents, the organization of important meetings, confidentiality, secretary, documentation, complaint letters and visits, secrecy, information synthesis, news release and safety. (2) Department of Policies and Regulations (Research Bureau) It shall draw out relevant rules, regulations and measures concerning the supervision of the banking financial institutions; draft relevant laws and administrative regulations, and put forward formulation and revision propositions. It shall be responsible for the administrative review and the responses to administration lawsuits; shall supervise and coordinate the enforcement of the relevant laws and regulations; shall carry out banking legal consultancy services, organize legal education and publicity; investigate and study the serious issues arising in the process of reform, development and supervision of the banking industry, put forward some propositions about the policies for the development of the banking industry. It shall organize the implementation of the reform program of the banking industry, shall put forward some propositions about the deepening of reform; shall be responsible for the drafts of the documents and articles for important meetings; shall edit and release relevant information and briefings. (3) Bank Supervision and Management Department I It shall be responsible for the supervision and management of the state-owned commercial banks. In accordance with the law, it shall be responsible for the examination and approval of the establishment, modification, termination and business scope of relevant institutions; shall draw out supervisory rules and regulations; shall be responsible for the spot and non-spot supervision upon relevant institutions; shall monitor the information of operation management, interior control and risks, such as asset-liability ratio, asset quality, businesses, financial incomes and payment; shall investigate and deal with the violations of laws and regulations; and shall examine the qualifications of the superior managerial personnel. (4) Bank Supervision and Management Department II It shall be responsible for the supervision and management of the stock commercial banks. In accordance with the law, it shall be responsible for the examination and approval of the establishment, modification, termination and business scope of relevant institutions; shall draw out supervisory rules and regulations; be responsible for the spot and non-spot supervision upon the relevant institutions; shall monitor the information of operation management, interior control and risks, such as asset-liability ratio, asset quality, businesses, financial incomes and payment; shall investigate and deal with the violations of laws and regulations; and shall examine the qualifications of the senior managerial personnel. (5) Bank Supervision and Management Department III It shall be responsible for the supervision and management of the policy banks and foreign-funded banks. In accordance with the law, it shall be responsible for the examination and approval of the establishment, modification, termination and business scope of relevant institutions; draw out supervisory rules and regulations; be responsible for the spot and non-spot supervision upon the relevant institutions; monitor the information of operation management, interior control and risks, such as asset-liability ratio, asset quality, businesses, financial incomes and payment; investigate and deal with the acts in violation of the laws and regulations; and shall examine the qualifications of the superior managerial personnel. (6) Non-banking Financial Institution Supervision and Management Department It shall be responsible for the supervision and management of the nationwide non-banking financial institutions. In accordance with the law, it shall be responsible for the examination and approval of the establishment, modification, termination and business scope of relevant institutions; shall draw out supervisory rules and regulations; be responsible for the spot and non-spot supervision upon the relevant institutions; monitor the information of operation management, interior control and risks, such as asset-liability ratio, asset quality, businesses, financial incomes and payment; investigate and deal with the acts in violation of the laws and regulations; and shall examine the qualifications of the superior managerial personnel. (7) Cooperative Financial Institution Supervision and Management Departmentˇˇ It shall be responsible for the supervision and management of the rural and urban savings cooperative financial institutions. It shall regulate the management of the cooperative financial institutions, study and give impetus to the reform of the cooperative financial system; draw out regulations and rules about the management of asset-liability ratio, the management of asset quality, risk control, supervision and management of interest rates, monitor their risks, and urge them to perfect the interior supervision and constraint mechanism. It shall formulate the administrative measures concerning the requirements for the establishment of cooperative financial institutions, the business scope and the qualifications of the legal representatives, and shall organize the implementation. It shall investigate and deal with the acts in violation of the laws and regulations. (8) Statistic Department It shall be responsible for making the data and statements of the nationwide banking financial institutions, copy them to the People's Bank of China, and shall release them in accordance the relevant requirements of the State. It shall collect the information relative to the finance and credit of the banking financial institutions, and shall report it to the Ministry of Finance; draw out relevant regulations and rules on statistics; be responsible for the analysis of the statistical date of the banking financial institutions; and organize the construction of the data and information system of the CBRC. (9) Financial and Accounting Department It shall manage the financial work of the CBRC, shall be responsible for the make of the annual budget and accounting of the CBRC. (10) International Department It shall be responsible for the official contacts and communications between the CBRC and the international financial organizations, the supervisory and administrative institutions of relevant countries and regions; and shall be responsible for the management of foreign affairs of the CBRC. (11) Supervision Bureau (Discipline Inspection Commission) It shall supervise and inspect implementation of the state's laws, regulations and policies by the entities within its jurisdiction, accept the exposure of violations, complaint and appeal of the supervised and inspected parties; and shall lead the supervision and inspection (discipline inspection) of entities within its jurisdiction. (12) Personnel Department (Organization Department of the Party Committee) It shall create regulations, rules and measures concerning the management of the human resources of the CBRC and its branches in other places; conduct personnel management of the CBRC, its branches and the relevant entities; be responsible for the routine management of the leading groups and leaders of the relevant financial institutions; be responsible for guiding the organization construction of the Party and the education and management of the Party members of the entities within its jurisdiction; and shall be responsible for the training of the carders of the CBRC and the entities within its jurisdiction. (13) Publicity Department (Publicity Department of the Party Committee) It shall be responsible for the ideological construction and publicity of the Party and shall take charge of the ideological and political work and the construction of spiritual civilization. (14) Mass Work Department (Mass Work Department of the Party Committee) It shall be responsible for the guidance and coordination of the mass work of the entities within its jurisdiction. (15) Work Department of the Board of Supervisors ˇˇˇˇ It shall be responsible for the concrete management of the Board of Supervisors; shall create rules and regulations concerning the work of the Board of Supervisors; be responsible for the review and submission of inspection reports; and shall be responsible for the coordination work between the Board of Supervisors and other relevant departments. The Department Party Committee shall be responsible for the work between the Party and the masses of the departments of the CBRC and the entities directly under the CBRC. CHPATER IV STAFFING The CBRC shall have 450 personnel within the establishment of government and public entities, among which the positions for the leaders on the bureau level are 56 (including 3 assistants of chairman, 1 vice president of the Discipline Commission, 1 vice president of the Department Party Commission, 1 president of the Discipline Commission). CHPATER V OTHER ITEMS (1) In dividing the functions concerning financial supervision between the CBRC and the People's Bank of China, the principle of mutual complement and promotion, and real-time sharing of information shall be observed, and a mechanism of mutual adaptation shall be established through creating a work system of division with cooperation. (2) The CBRC shall establish supervision and inspection bureaus at the level of province, branches at the level of district (city), and offices at the level of county (prefecture) depending on the supervised and inspected parties and in need of the tasks. The CBRC shall directly manage the institutions it assigned to other places. These institutions and their staffing shall be separately determined. (3) The information center, training center, the government service center and the other institutions of the public institutions directly under the CBRC and their staffing shall be separately determined. |
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