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Opinions of the People's Bank of China, the National Development and Reform Commission and the Ministry of Education and Other Departments on Promoting the Sound Development of the Bank Card Clearing Market
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中国人民银行、发展改革委、教育部等关于促进银行卡清算市场健康发展的意见
[现行有效]
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| Opinions of the People's Bank of China, the National Development and Reform Commission, the Ministry of Education, the Ministry of Public Security, the Ministry of Finance, the Ministry of Commerce, the State Administration of Taxation, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the China Banking Regulatory Commission, the China Securities Regulatory Commission, the China Insurance Regulatory Commission, the State Administration of Foreign Exchange and the Supreme People's Court on Promoting the Sound Development of the Bank Card Clearing Market | | 中国人民银行、发展改革委、教育部、公安部、财政部、商务部、税务总局、工商总局、质检总局、银监会、证监会、保监会、外汇局、最高人民法院关于促进银行卡清算市场健康发展的意见 |
| (No. 324 [2016] of the People's Bank of China, December 29, 2016) | | （2016年12月29日 银发〔2016〕324号） |
| The Shanghai Head Office of the People's Bank of China ("PBC"), all branches and business management departments of the PBC, all central sub-branches of the PBC in capital cities of provinces (or autonomous regions) and sub-provincial cities; the people's courts, development and reform commissions, education departments (commissions and bureaus), public security departments (bureaus), finance departments (bureaus), commerce departments, state taxation bureaus, local taxation bureaus, administrations for industry and commerce, quality supervision bureaus, local offices of the China Banking Regulatory Commission (“CBRC”), local offices of the China Securities Regulatory Commission (“CSRC”), local offices of the China Insurance Regulatory Commission (“CIRC”), local branches of the State Administration of Foreign Exchange ("SAFE") of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning; the China Development Bank; all policy banks, state-owned commercial banks, and joint-stock commercial banks; the Postal Savings Bank of China; all non-bank payment institutions; the China UnionPay Co., Ltd.; and the Payment & Clearing Association of China: | | 中国人民银行上海总部，各分行、营业管理部、省会（首府）城市中心支行，副省级城市中心支行；各省、自治区、直辖市、计划单列市人民法院、发展改革委、教育厅（教委、局）、公安厅（局）、财政厅（局）、商务主管部门、国税局、地税局、工商局、质监局、银监局、证监局、保监局、外汇分局；国家开发银行，各政策性银行、国有商业银行、股份制商业银行，中国邮政储蓄银行；各非银行支付机构；中国银联股份有限公司；中国支付清算协会： |
| Over recent years, China's bank card industry has constantly and rapidly grown, witnessed the formation of certain industrial agglomeration and market size, and become an important driving force to expand consumption, stimulate domestic consumption and serve people's life. Bank card clearing institutions are central to the bank card industry, an important part of the financial infrastructure and an important basic guarantee for national financial security. For the purposes of improving the whole strength and international competitiveness of China's bank card clearing industry, and further giving play to the positive role of the bank card clearing market in improving the payment system, developing inclusive finance, and promoting the transformation and upgrade of the economy, and international economic cooperation, the following opinions are hereby offered: | | 近年来，我国银行卡产业持续快速发展，已形成一定产业集群和市场规模，成为扩大消费、拉动内需和服务民生的重要助推力量。银行卡清算机构在银行卡产业中居于核心地位，是金融基础设施的重要组成部分和国家金融安全的重要基础保障。为增强我国银行卡清算产业的整体实力和国际竞争力，进一步发挥银行卡清算市场对完善支付体系、发展普惠金融、促进经济转型升级和国际经济合作的积极作用，现提出如下意见： |
| I. Improving the system of law and solidifying the market foundation | | 一、完善法律制度，夯实市场基础 |
| Based on the new trend, business types and problems in the market development, the advancement of the progress of the enactment of the regulation on payment and settlement shall be accelerated, the regulations and policies on bank card clearing business shall be improved, and the rights, duties and responsibilities of various market participants shall be specified. The communications and cooperation with judicial departments shall be enhanced, the improvement of judicial policies with regard to the crackdown upon the illegal conduct of fund payment and settlement business, and the standards for the nature determination of and punishment for illegal acts in the bank card field shall be promoted, and the specification and unity of the principles of and standards for the trials of cases of disputes over civil and commercial matters relating to bank cards shall be prompted. | | 结合市场发展新趋势、新业态、新问题，加快推进支付结算条例立法进程，完善银行卡清算业务相关法规政策，明确各类市场主体的权利、义务和责任。加强与司法部门的沟通协作，推动完善打击非法从事资金支付结算业务相关司法政策、银行卡领域违法行为定性和处罚标准，促进银行卡民商事纠纷案件审理原则和标准的明确统一。 |
| II. Improving standard systems and supporting industrial development | | 二、完善标准体系，支撑产业发展 |
| The development of the standards relating to emerging payment services shall be accelerated. The market shall be encouraged to develop technical standards meeting the need of innovative development. A multiple-level bank card standard system covering the national, industrial and enterprise standards shall be established. The testing system shall be improved and the implementation and supervision of the bank card standards shall be enhanced. Bank card market participants and industry groups shall be supported in vigorously participating in the development of international standards, the connection and integration of domestic and international standards shall be explored, the internationalization of advantageous standards for financial integrated circuit (IC) card and mobile payment, among others, shall be advanced, and the international influence of independent technical standards shall be improved. | | 加快新兴支付服务相关标准研制工作。鼓励市场自主制定满足创新发展需要的技术标准。构建涵盖国家标准、行业标准和企业标准的多层次银行卡标准体系。健全检测体系，强化银行卡标准的实施与监督。支持银行卡市场主体、行业团体积极参与国际标准制定，探索国内标准与国际标准对接融合，推进金融集成电路（IC）卡、移动支付等优势标准国际化，提升自主技术标准的国际影响力。 |
| III. Implementing fiscal and tax policies, and promoting the popularization and application of bank cards | | 三、落实财税政策，促进银行卡普及应用 |
| Based on the characteristics of the bank card industry, overall arrangements shall be made to improve the supporting measures for tax collection administration in the replacement of business tax with value-added tax relating to cross-bank bank card transactions. The policies that merchants have the cost of bank card payments deducted from input tax in full amount in a timely manner shall be implemented and the initiative of merchants to accept bank card payments shall be improved. An acquiring institution or a merchant shall not shift, visibly or invisibly, the cost of bank card payments to consumers, or apply discriminatory measures to any consumer who chooses bank card to make payment, so as to effectively protect consumers' right to use cards. | | 针对银行卡产业特点，统筹完善银行卡跨行交易相关营业税改征增值税征管配套措施。落实特约商户及时足额进项抵扣银行卡刷卡手续费有关规定，提高特约商户受理银行卡的积极性。收单机构和特约商户不得向消费者转嫁或变相转嫁银行卡刷卡手续费，不得对选择银行卡支付方式的消费者采取歧视性措施，切实维护消费者用卡权利。 |
| IV. Improving the market mechanism and creating a good development environment | | 四、完善市场机制，营造良好发展环境 |
The bank card clearing market shall be opened in a steady, proper and orderly manner, and a pilot program shall be conducted for banking financial institutions with mature development and sound operation to establish credit card companies so as to promote the diversified development of market participants. Market-oriented pricing of credit card rates and cost of bank card payments shall be gradually realized, market participants shall be guided in improving their ability of independent pricing, and a bank card price system which effectively promotes balanced industrial development shall be established. Card issuing institutions shall be encouraged to establish a market-oriented and diversified client rights and interests protecting mechanism through insurance cooperation, and vigorously develop insurance covering the loss of bank card clients. A bank card market regulatory system giving consideration to both security and efficiency, combining innovation and regulation, and with consistent regulatory standards shall be established and improved, the industrial self-regulatory mechanism shall be enhanced, full play shall be to the role of bank card clearing institutions, and a market environment with fair competition shall be created. Access management shall be strengthened, legal business operation shall be protected, fairness and integrity shall be advocated, and acts disturbing the market order and detrimental to the lawful rights and interests of consumers in the bank card field, such as unfair competition, restricting competition, business bribery in the bank card field and false advertising shall be cracked down upon.
．．．．．． | | 稳妥有序开放银行卡清算市场，支持发展成熟、经营稳健的银行业金融机构试点设立信用卡公司，促进市场主体多元化发展。逐步实现信用卡利率、银行卡刷卡手续费的市场化定价，引导市场主体提高自主定价能力，构建有效促进行业平衡发展的银行卡价格体系。鼓励发卡机构通过保险合作等方式建立市场化、多元化的客户权益保障机制，积极发展银行卡客户损失补偿保险。建立健全安全与效率兼顾、创新与规范结合、监管标准一致的银行卡市场监管体系，强化行业自律机制，充分发挥银行卡清算机构的作用，营造公平竞争的市场环境。加强准入管理，保护合法经营，倡导公平诚信，打击银行卡领域不正当价格、限制竞争、商业贿赂、虚假宣传等扰乱市场秩序、损害消费者合法权益的行为。
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