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Notice by the General Office of the China Banking and Insurance Regulatory Commission of Effectively Conducting the Work Concerning Guarantee Letters for the Payment of Wages to Rural Migrant Workers [Effective]
中国银保监会办公厅关于做好农民工工资支付保函相关工作的通知 [现行有效]
【法宝引证码】

Notice by the General Office of the China Banking and Insurance Regulatory Commission of Effectively Conducting the Work Concerning Guarantee Letters for the Payment of Wages to Rural Migrant Workers 

中国银保监会办公厅关于做好农民工工资支付保函相关工作的通知

(No. 32 [2020] of the General Office of the China Banking and Insurance Regulatory Commission) (银保监办发[2020]32号)

All local offices of the China Banking and Insurance Regulatory Commission (“CBIRC”); all policy banks, large-scale banks, and joint-stock banks; and foreign-funded banks: 各银保监局,各政策性银行、大型银行、股份制银行,外资银行:
The issuance of the Regulation on the Payment of Wages to Rural Migrant Workers (hereinafter referred to as the “Regulation”) provides a solid legal guarantee for completely solving the problem of wage arrears and guaranteeing the payment of wages. For purposes of thoroughly implementing the Regulation, maximizing the role of the market-based guarantee mechanism, boosting banking financial institutions to conduct the business related to guarantee letters for the payment of wages to rural migrant workers in a steady and orderly manner, and effectively guaranteeing the legitimate rights and interests of migrant workers, you are hereby notified of the relevant matters as follows: 《保障农民工工资支付条例》(以下简称《条例》)的颁布为根治欠薪、保障工资支付提供了坚实法治保障。为深入贯彻落实《条例》,发挥市场化担保机制作用,推动银行业金融机构稳妥有序开展农民工工资支付保函业务,切实保障农民工合法权益,现就有关事项通知如下:
I. For the purpose of this Notice, “guarantee letter for the payment of wages to rural migrant workers” means a guarantee letter which is issued by a banking financial institution upon request of a general construction contractor or any other enterprise within the scope of its business and can be used as a substitute for wage security deposits according to the requirements of the Regulation.   一、本通知所称的“农民工工资支付保函”,是指银行业金融机构在其业务范围内,应施工总承包单位等企业的申请开立,按照《条例》要求可用以替代工资保证金的保函。
II. Banking financial institutions and the regulatory departments at all levels shall fully understand the significance of guarantee letters for the payment of wages to rural migrant workers. According to Article 32 of the Regulation, “guarantee letters of financial institutions may be used to substitute for wage security deposits.” “Guarantee letters for the payment of wages to rural migrant workers” is an important reflection of the financial industry serving the real economy and serving people's livelihood, and is conducive to integrating social resources and protecting the legitimate rights and interests of rural migrant workers. All entities shall strengthen organizational leadership, conduct detailed research and make meticulous arrangements, and further advance the work related to guarantee letters for the payment of wages to rural migrant workers.
......
   二、银行业金融机构、各级监管部门要充分认识农民工工资支付保函的重要意义。《条例》第32条规定,“工资保证金可以用金融机构保函替代”。农民工工资支付保函是金融业服务实体经济、服务人民生活的重要体现,有利于整合社会资源,保护农民工合法权益。各单位要加强组织领导、细致研究部署,深入推进农民工工资支付保函相关工作。
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