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Notice of the General Office of the State Council on Forwarding the Opinions of China Banking Regulatory Commission, National Development and Reform Commission, and Other Departments on Promoting the Sound Development of the Financing Guarantee Industry
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国务院办公厅转发银监会发展改革委等部门关于促进融资性担保行业规范发展意见的通知
[现行有效]
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| Notice of the General Office of the State Council on Forwarding the Opinions of China Banking Regulatory Commission, National Development and Reform Commission, and Other Departments on Promoting the Sound Development of the Financing Guarantee Industry | | 国务院办公厅转发银监会发展改革委等部门关于促进融资性担保行业规范发展意见的通知 |
(No. 30 [2011] of the General Office of the State Council) | |
（国办发〔2011〕30号） |
The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council, | |
各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
The Opinions of China Banking Regulatory Commission, National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Finance, the Ministry of Commerce, the People's Bank of China, the State Administration for Industry and Commerce, and the Legislative Affairs Office of the State Council on Promoting the Sound Development of the Financing Guarantee Industry, as approved by the State Council, are hereby forwarded to you for your earnest compliance and implementation. | |
银监会、发展改革委、工业和信息化部、财政部、商务部、人民银行、工商总局、法制办《关于促进融资性担保行业规范发展的意见》已经国务院同意，现转发给你们，请认真贯彻执行。 |
General Office of the State Council | |
国务院办公厅 |
June 21, 2011 | |
二○一一年六月二十一日 |
Opinions on Promoting the Sound Development of the Financing Guarantee Industry | |
关于促进融资性担保行业规范发展的意见 |
(China Banking Regulatory Commission, National Development and Reform Commission, Ministry of Industry and Information Technology, Ministry of Finance, Ministry of Commerce, People's Bank of China, and State Administration for Industry and Commerce, and Legislative Affairs Office of the State Council) | |
（银监会、发展改革委、工业和信息化部、财政部、商务部、人民银行、工商总局、法制办） |
Since the issuance of the Notice of the General Office of the State Council on Further Specifying the Supervisory Functions for Financing Guarantee Business (No. 7 [2009] of the General Office of the State Council), the people's governments at all localities and the departments concerned under the State Council have attached great importance to it, formulating and improving policies and rules, specifying regulatory duties, promoting regulation and rectification, and have made remarkable achievements. However, for its weak foundation and lack of effective supervision and administration for a long time, there are problems in the financing guarantee industry, such as small scale, false capital, and poor capability of withstanding risks. Some guarantee institutions are engaged in illegal absorption of deposits, illegal fund-raising, and usurious loans, which seriously disturb market order and endanger social stability. Therefore, further measures shall be taken to regulate the activities of these institutions. To implement the outlines of the “Twelfth Five-year Plan” and promote the sound development of the financing guarantee industry, we hereby offer the following opinions: | |
《国务院办公厅关于进一步明确融资性担保业务监管职责的通知》（国办发〔2009〕7号）印发以来，各地人民政府和国务院有关部门高度重视，制定完善政策法规，明确监管责任，推进规范整顿工作，取得了明显成效。但是，融资性担保行业基础薄弱，长期以来缺乏有效监管，存在机构规模小、资本不实、抵御风险能力不强等问题，一些担保机构从事非法吸收存款、非法集资和高利贷等活动，严重扰乱市场秩序，危害社会稳定，需要进一步采取措施予以规范。为贯彻“十二五”规划纲要要求，促进融资性担保行业规范发展，现提出以下意见： |
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| I. Unifying thoughts and understanding and specifying target positioning | | |
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| (1) We shall profoundly carry out the Scientific Outlook on Development, and adhere to the principle of underlining regulation and development, combining market domination and government guidance, and giving full attention to improving capacities of financing guarantee institutions in providing services to small and medium enterprises and “agriculture, rural areas, and farmers”. | | （一）深入贯彻落实科学发展观，坚持规范与发展并重、市场主导和政府引导相结合，重点提高融资性担保机构为中小企业和“三农”服务的能力。 |
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(2) The overall objective of the sound development of the financing guarantee industry is to accelerate and promote the building of the financing guarantee institution system, the regulation and rule system, the regulatory system, the supporting policy system, and the industry self-discipline system; build a regulatory mechanism that is appropriate and prudential, interactive and coordinative, and scientific and effective; accelerate the fostering of financing guarantee institutions with sound corporate governance, strict internal control, effective risk management, and good underwriting capability, so as to gradually form a financing guarantee system with reasonable layout, moderate competition, standardized development, and efficient operation.
．．．．．． | | （二）融资性担保行业规范发展的总体目标是，加快推进融资性担保机构体系、法规制度体系、监管体系、扶持政策体系和行业自律体系建设。构建适度审慎、联动协调、科学有效的监管机制。加快培育公司治理完善、内部控制严密、风险管理有效、具有较强承保能力的融资性担保机构，逐步形成布局合理、适度竞争、规范有序、运行高效的融资性担保体系。
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