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Notice of the China Banking Regulatory Commission on Launching the Pilot Program of Investment Management Banks and "Cross-County" Village Banks [Effective]
中国银监会关于开展投资管理型村镇银行和“多县一行”制村镇银行试点工作的通知 [现行有效]
【法宝引证码】

Notice of the China Banking Regulatory Commission on Launching the Pilot Program of Investment Management Banks and "Cross-County" Village Banks 

中国银监会关于开展投资管理型村镇银行和“多县一行”制村镇银行试点工作的通知

(No. 3 [2018] of the China Banking Regulatory Commission) (银监发〔2018〕3号)

All local offices of the China Banking Regulatory Commission ("CBRC"): 各银监局:
For the purposes of implementing the rural recovery strategy and the basic precision poverty alleviation and precision poverty eradication strategy, promoting the development of inclusive finance, effectively solving the problems of low coverage of outlets of banking financial institutions and insufficient supply of financial services in central and western China weak in financial services, focusing on heightening the financial services for "agriculture, rural areas and farmers," remote regions and micro and small-sized enterprises, and furthering the sustained, sound development and village banks, the notification of the relevant matters concerning launching the pilot program of investment management banks and "cross-county" village banks and further sufficiently fostering and regulating village banks is hereby given as follows: 为贯彻落实乡村振兴战略和精准扶贫、精准脱贫基本方略,推动发展普惠金融,有效解决中西部金融服务薄弱地区银行业金融机构网点覆盖率低、金融服务供给不足问题,着力加强对“三农”、偏远地区和小微企业的金融服务,促进村镇银行持续健康发展,现就开展投资管理型村镇银行和“多县一行”制村镇银行试点,进一步做好村镇银行培育、监管工作有关事项通知如下:
I. Vigorously, soundly establishing village banks and expanding inclusive financial service coverage   一、积极稳妥组建村镇银行,扩大普惠金融服务覆盖面
1. The banking regulators at all levels shall, from the perspective of serving the rural recovery strategy, implement all the decisions and arrangements regarding developing an inclusive financial system and boosting precision poverty alleviation by finance, on the premise of effectively preventing and controlling risks, vigorously, soundly advance the fostering and growth of village banks, and refine the multi-layer, extensive-coverage, and sustainable rural financial service system. Based on the financial carrying capacity and actual demand of countries, the establishment of village banks shall be advanced in a realistic, vigorous, sound, well-regulated, and orderly manner. (一)各级银行业监管机构要站在服务乡村振兴战略的高度,落实建设普惠金融体系和推进金融精准扶贫各项决策部署,在有效防控风险的前提下,积极稳妥推进村镇银行培育发展工作,健全多层次、广覆盖、可持续的农村金融服务体系。要立足县域金融承载能力和实际需求,因地制宜、积极稳妥、规范有序地推进村镇银行组建工作。
2. Supporting national banks in establishing by promotion village banks mainly in central and western China and old, ethnic, frontier and impoverished regions. Urban commercial banks, rural commercial banks and other small and medium-sized banks with a relatively large size of assets, strong financial strength, relatively high-level management, and conspicuous characteristics of supporting the rural areas and small-sized businesses shall be supported in establish by promotion village banks in other provinces, especially regions under eastern and western China poverty alleviation collaboration and paired-up support, in order to expand the coverage of village banks in cities and counties. The establishment by promotion of village banks and acquisition of the equities of village banks by Foreign-funded proprietorship banks and Chinese-foreign joint banks shall be governed mutatis mutandis by the relevant provisions on overseas banks establishing by promotion or taking a stake in village banks. (二)支持全国性银行主要在中西部和老少边穷地区发起设立村镇银行。支持资产规模较大、资本实力较强、管理水平较高、支农或支小特色显著的城市商业银行和农村商业银行等中小银行在省外,特别是在东西部扶贫协作和对口支援地区发起设立村镇银行,扩大村镇银行县市覆盖面。外商独资银行、中外合资银行发起设立村镇银行或受让村镇银行股权,参照境外银行发起设立或入股村镇银行相关规定执行。
"Old, ethnic, frontier and impoverished regions" means former revolutionary base areas, areas inhabited by ethnic minorities, frontier regions, and poverty-stricken regions. The former Central Soviet areas shall be governed by the relevant policies as if they were former revolutionary base areas. 老少边穷地区是指革命老区、少数民族地区、边疆地区和贫困地区。原中央苏区参照革命老区执行相关政策。
3. Continuing to implement the policies for "eastern and western China link, urban and rural areas link, and developed and undeveloped areas link" in the establishment of village banks and guiding the establishment of village banks in priority in central and western China and old, ethnic, frontier and impoverished regions. During the implementation of the link and other relevant policies for establishment of village banks, old, ethnic, frontier and impoverished regions shall be deemed to be in western China, Hebei, Liaoning and Hainan provinces shall be deemed to be in central and western China, and all the counties and cities in Xinjiang and Qinghai and the counties in extreme poverty regions shall be deemed as state-fixed poverty-stricken counties. The establishment of village banks in deep-poverty regions shall be encouraged and supported in priority. Commercial banks which have established village banks by promotion in an intensive manner in underdeveloped regions shall be supported in institutional access, business innovation and other aspects. (三)继续落实村镇银行组建“东西挂钩、城乡挂钩、发达与欠发达挂钩”政策,重点引导在中西部和老少边穷地区设立村镇银行。在执行挂钩以及相关村镇银行组建政策中,老少边穷地区视同西部地区,河北、辽宁、海南三省视同中西部省份,新疆、青海所有县市和连片特困地区县视同国定贫困县。鼓励和优先支持在深度贫困地区设立村镇银行。对在欠发达地区集约化发起设立村镇银行的商业银行,在机构准入和业务创新等方面给予支持。
"Extreme poverty regions" means 11 extreme poverty regions including the Liupan Mountain Region, Tibet, Tibetan regions in four provinces, and three prefectures in southern Xinjiang, totaling 14, consisting of 680 counties, on the List of Extreme Poverty Regions by County across the Country issued by the State Council Leading Group Office of Poverty Alleviation and Development ("CPAD"). "State-fixed poverty-stricken counties" means poverty-stricken counties supported by the stated in priority, totaling 592, on the List of Priority Counties of National Poverty Alleviation and Development Work issued by the CPAD. 连片特困地区是指六盘山区等11个集中连片特殊困难地区,以及西藏、四省藏区、新疆南疆三地州,共14个片区、680个县,详见国务院扶贫办公布的全国连片特困地区分县名单。国定贫困县是指国家重点扶持的贫困县,共592个,详见国务院扶贫办公布的国家扶贫开发工作重点县名单。
II. Improving investment management modes and lifting the intensive and professional development level of village banks   二、完善投资管理模式,提高村镇银行集约化专业化发展水平
4. Supporting the principal promoters of village banks in, based on development strategies, organizational structures and management demand, exploring and developing management modes matching the number and geographical distribution of established village banks, conducting effective equity management and risk management and control with regard to the village banks, providing interim and back-end operating services, and enhancing the general capability of risk resistance. A principal promoter who have established a relatively large number of village banks shall be encouraged to adopt the investment management bank mode to conduct intensive management of the village banks it has invested in. A principal promoter may elect to adopt any other feasible, effective management mode to the extent of the policies in force. (四)支持村镇银行主发起人根据发展战略、组织架构和管理需求,探索构建与村镇银行设立数量和地域分布相匹配的管理模式,对村镇银行实施有效的股权管理和风险管控,提供中后台运营服务,提升整体抵御风险能力。鼓励投资设立村镇银行数量较多的主发起人采取投资管理行模式,对所投资的村镇银行实施集约化管理。主发起人也可以在现行政策范围内,选择采取其他可行有效的管理模式。
5. A commercial bank that has invested in a certain number of village banks sound in operation, management and services may establish a village bank, or select an established village bank, as the investment management bank of the village banks (hereinafter referred to as the "investment management bank"). The investment management bank, as the transferee of the equities of all the village banks already held by its principal promoter, may continue to invest in, establish or acquire village banks and fulfill the duties as the main promoter towards the village banks it has invested in. (五)已投资一定数量村镇银行且所设村镇银行经营管理服务良好的商业银行,可以新设1家或者选择1家已设立的村镇银行作为村镇银行的投资管理行(简称投资管理型村镇银行)。投资管理型村镇银行受让其主发起人已持有的全部村镇银行股权,可以继续投资设立或者收购村镇银行,并对所投资的村镇银行履行主发起人职责。
6. Investment management banks shall set promoting the sustained and sound development of village banks and improving intensive management and professional services as their object. The capability of managing village banks shall be enhanced in priority, effective governance systems shall be established, and the risk, capital, audit, internal transactions, risk isolation and other rules shall be refined, so as to thoroughly heighten the risk management and consolidated management of village banks and raise the operational and management levels of village banks. The functions of interim and back-end services of village banks shall be augmented in priority, and a standard service system shall be developed, so as to provide village banks with powerful systematic support and funding support, reduce the operating costs of village banks, and better or lift the service capability and level. (六)投资管理型村镇银行要以促进村镇银行持续健康发展、提高集约化管理和专业化服务水平为宗旨。要着力提高对村镇银行的管理能力,建立有效的治理体系,健全风险、资本、审计、内部交易和风险隔离等制度,全面强化村镇银行风险管理和并表管理,提高村镇银行经营管理水平。要着力强化村镇银行中后台服务功能,建立标准化的服务体系,为村镇银行提供有力的系统支持和资金支持,降低村镇银行运营成本,提升服务能力和水平。
7. Investment management banks shall adhere to the strategic orientation of supporting rural areas and small businesses and make strategic plans for overall development to meet the financial service demand of "agriculture, rural areas and farmers" and micro and small-sized enterprises in counties. Quality rural area-related enterprises shall be introduced in priority to make investment and take a stake, and an equity structure and service mechanism oriented to "agriculture, rural areas and farmers" and micro and small-sized enterprises shall be established, so as to use the professional technical advantages of commercial banks and the characteristics of village banks as community-based banks and animate the rural financial service market. The funds raised by investment management banks shall be mainly used to solve the funding demand of village banks to support rural areas and small businesses and the shortfall in liquidity. (七)投资管理型村镇银行要坚守支农支小战略定位,结合县域“三农”和小微企业的金融服务需求,制定整体发展战略规划。要优先引进优质涉农企业投资入股,建立面向“三农”和小微企业的股权结构和服务机制,发挥商业银行专业技术优势和村镇银行社区型银行特点,激活农村金融服务市场。投资管理型村镇银行所筹集的资金,应主要用于解决村镇银行支农支小资金需求和流动性资金缺口。
8. Investment management banks shall, under the Company Law of the People's Republic of China, the Guidelines on Corporate Governance of Commercial Banks (No. 34 [2013], CBRC) and other provisions, establish and improve a corporate governance structure and operation mechanism commensurate with their business scale and market orientations. The capability and professionalism of fulling duties of corporate governance parties shall be bettered, and at least one of the independent directors shall have the professional knowledge, experience and capability in the aspect of rural economic and financial management. Village banks shall be urged and directed to develop standard equity management rules in order to intensify the management of shareholders' qualifications and conduct. The duties as the principal promoters of village banks shall be discharged in a well-regulated manner, and the operational autonomy of village banks shall be respected and maintained. (八)投资管理型村镇银行应按照《中华人民共和国公司法》和《商业银行公司治理指引》(银监发〔2013〕34号)等规定,建立健全与业务规模和市场定位相适应的公司治理架构和运行机制。要提高公司治理主体履职能力和专业化水平,独立董事中应至少有1名具备农村经济金融管理方面专业知识、经验和能力的人员。要督促指导村镇银行建立规范的股权管理制度,加强股东资质和股东行为管理。要规范履行村镇银行主发起人职责,尊重和维护村镇银行经营自主权。
9. Investment management banks shall, according to the policies and relevant requirements for establishment of village banks, use their intensive and professional advantages, vigorously participate in the establishment by promotion of village banks, conduct priority distribution in central and western China and the old, ethnic, frontier and impoverished regions, and practically heighten the financial support for underdeveloped regions. Investment management banks shall be encouraged to acquire the equities of other village banks according to the market-oriented principle. (九)投资管理型村镇银行应根据村镇银行组建政策和相关要求,发挥集约化和专业化优势,积极参与发起设立村镇银行,重点布局中西部地区和老少边穷地区,切实加大对欠发达地区的金融支持力度。鼓励投资管理型村镇银行按照市场化原则,收购其他村镇银行股权。
10. According to the principle of "pilot program before promotion," principal promoters that have established a relatively large number of village banks, remain sound in operation, management and services, and have the will to continue establishing village banks shall be selected in priority to conduct the pilot program. According to the types of principal promoters, representative banks shall be selected by category to participate in the pilot program, which shall be promoted upon attainment of experience. (十)按照“先试点、后推开”的原则,优先选择设立村镇银行数量较多、经营管理和服务良好、具有继续设立村镇银行意愿的主发起人开展试点。同时,根据主发起人类型,分类选择具有代表性的银行参与试点,取得经验后再逐步推开。
11. The banking regulators at all levels shall tighten the corporate regulation and consolidated regulation of commercial banks, investment management banks and the village banks they have invested in and continuously monitor the operation and risk conditions of the pilot program. The dispatched offices at all levels shall report the significant information discovered in regulation to the CBRC in a timely manner, and the offices of the CBRC in the places of investment management banks shall report the information on the pilot program every half year. (十一)各级银行业监管机构要加强对商业银行、投资管理型村镇银行及其所投资村镇银行的法人监管和并表监管,对试点运行情况和风险状况进行持续监测。各级派出机构在监管中发现的重大情况应及时报告银监会,投资管理型村镇银行所在地银监局应每半年报告一次试点工作情况。
III. Optimizing establishment modes and improving village banks' capability of sustainable development   三、优化设立方式,提高村镇银行可持续发展能力
12. In an area, with a small GDP, a small population or a weak foundation for the sustainable development of village banks, in central or western China or old, ethnic, frontier and impoverished regions, especially a region where state-fixed poverty-stricken counties are concentrated or a deep-poverty region, a village bank in a county (city or banner) contiguous with other counties (cities or banners) in the same province may be established or selected as the "cross-county" village bank, with its branch offices established in the contiguous counties (cities or banners), so as to, on the premise of sustainable business of village banks, expand the coverage of financial services in underdeveloped regions and better the availability and equalization of basic financial services. (十二)对中西部和老少边穷地区经济总量小、人口少、村镇银行可持续发展基础薄弱的相关区域,特别是国定贫困县相对集中的地区和深度贫困地区,可以在省内相邻的多个县(市、旗)中的1个县(市、旗)新设1家或者选择1家已设立的村镇银行作为“多县一行”制村镇银行,并在其邻近的县(市、旗)设立支行,在实现村镇银行商业可持续的前提下,扩大欠发达地区金融服务的覆盖面,提升基础金融服务的可得性和均等化水平。
13. "Cross-county" village banks shall adhere to the market orientations of depending on the local regions and supporting the rural areas and small businesses and develop the rules for undertaking to extend credit with the counties. Corporate institutions shall undertake to use the deposits attracted by their branch offices in counties (cities or banners) in the local regions and develop a mechanism to monitor and appraise the use of funds by the branch offices. (十三)“多县一行”制村镇银行应坚持立足当地、支农支小市场定位,建立县域信贷投放承诺制度。法人机构应承诺在县(市、旗)设立支行吸收的存款主要用于当地,并建立分支机构资金运用监测考核机制。
14. The principal promoters that vigorously establish "cross-county" village banks in central and western China and old, ethnic, frontier and impoverished regions shall be supported in the aspects of establishment of institutions, outbound investment and transaction of new business. On the occasion of conspicuous achievements in advancing "cross-county" village banks and maturity of conditions, it shall be explored that the "multiple banks in the same county" incentive policy shall be implemented in favor of the relevant principal promoters. (十四)对积极在中西部和老少边穷地区组建“多县一行”制村镇银行的主发起人,在其机构设立、对外投资和开办新业务方面给予支持。在推进“多县一行”制村镇银行成效显著、条件成熟的情况下,探索对相关主发起人实施“一县多行”激励政策。
15. In a province meeting the implementation conditions for "cross-county" village banks, the relevant offices of the CBRC shall, according to the principle of "pilot program before promotion," coordinate the pilot program of "cross-county" village banks within their respective jurisdictions in an overall manner and first select (or establish) a village bank in a qualified region in the province to conduct the pilot program. The offices of the CBRC in the regions under the pilot program shall assess and summarize the information of the pilot program in a timely manner and report to the CBRC. The CBRC shall, upon overall assessment, consider expanding the pilot program and the routine advancement of the establishment. (十五)对符合“多县一行”制村镇银行实施条件的省份,相关银监局要按照“先试点、后推开”的原则,统筹协调辖内“多县一行”制村镇银行试点工作,先在省内符合条件的区域选择(或新设)1家村镇银行开展试点。试点地区银监局要及时评估总结首批试点情况,并报告银监会。银监会对首批试点机构进行统筹评估后,再考虑扩大试点及常态化推进组建工作。
16. Over the course of establishment of "cross-county" village banks under the pilot program, the dispatched offices of the CBRC at all levels shall, based on the actual circumstances of the local areas, conduct an overall research on and prudential assessment of the places in which establishment is planned, direct the principal promoters and village banks to reasonably determine the coverage and establishment steps of the institutions, intensify regulatory interaction and regulatory cooperation, and advance the pilot program in a steady, orderly manner. The dispatched offices of the CBRC at all levels shall strengthen the communication with local governments, actively win fiscal and tax policies and other supporting measures for "cross-county" village banks, and coordinate and solve the difficulties and problems in the establishment and development of institutions in a timely manner.
......
 (十六)在“多县一行”制村镇银行试点组建过程中,银监会各级派出机构要结合县域实际,对拟设地点进行统筹研究、审慎评估,指导主发起人和村镇银行合理确定机构的覆盖范围和设立步骤,加强监管联动和监管协作,平稳有序推进试点工作。银监会各级派出机构要加强与地方政府沟通,积极为“多县一行”制村镇银行争取财税政策等支持措施,及时协调解决机构组建、发展中的困难和问题。
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