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Notice of the General Office of the China Banking Regulatory Commission on Carrying out the Special Campaign against the “Inappropriate Innovations, Inappropriate Transactions, Inappropriate Incentives, and Inappropriate Collection of Fees” in the Banking Industry [Effective]
中国银监会办公厅关于开展银行业“不当创新、不当交易、不当激励、不当收费”专项治理工作的通知 [现行有效]
【法宝引证码】

Notice of the General Office of the China Banking Regulatory Commission on Carrying out the Special Campaign against the “Inappropriate Innovations, Inappropriate Transactions, Inappropriate Incentives, and Inappropriate Collection of Fees” in the Banking Industry 

中国银监会办公厅关于开展银行业“不当创新、不当交易、不当激励、不当收费”专项治理工作的通知

(No. 53 [2017] of the General Office of the China Banking Regulatory Commission) (银监办发[2017]53号)

All local offices of the China Banking Regulatory Commission (“CBRC”); all policy banks, large-scale banks, and joint-stock banks; Postal Savings Bank of China; foreign-funded banks; financial assets management companies; other financial institutions administered by the CBRC; and all associations: 各银监局,各政策性银行、大型银行、股份制银行,邮储银行,外资银行,金融资产管理公司,其他会管金融机构,各协会:
For the purposes of further improving the quality and efficiency of the banking industry in serving the real economy, regulating the business operation behaviors, maintaining the financial order, and preventing and controlling financial risks, it has been decided that the special campaign against “inappropriate innovations, inappropriate transactions, inappropriate incentives, and inappropriate collection of fees” (hereinafter referred to as the “four inappropriatenesses”) in the banking industry to be carried out as of April 2017. You are hereby notified of the relevant requirements as follows: 为进一步提升银行业服务实体经济质效,规范经营行为,维护金融秩序,防控金融风险,决定自2017年4月起开展银行业“不当创新、不当交易、不当激励、不当收费”(以下简称“四不当”)专项治理工作。现就有关要求通知如下:
I. Goal orientation   一、目标导向
Banking financial institutions shall be urged to strengthen the awareness of compliance, regulate business operations, and consciously maintain a sound financial order in accordance with the requirements of returning to the origin and focusing on the principal business. Under the principles of “being in favor of improving the efficiency of the real economy, in favor of reducing the financial risks, and in favor of protecting investors' lawful rights and interests,” financial innovations shall be carried out, risk management and internal control shall be continuously strengthened, ensuring that financial innovation match with the risk management and risk tolerance of the institution, that the various risks faced by new business and new products be effectively managed and controlled, and the bottom line of no occurrence of systemic risks be firmly guarded. 推动银行业金融机构按照回归本源、专注主业的要求,强化合规意识,规范经营行为,自觉维护良好金融秩序。按照“有利于提升服务实体经济的效率、有利于降低金融风险、有利于保护投资者合法权益”原则开展金融创新,不断强化风险管理和内部控制,确保金融创新与自身风险管理和风险承受能力相匹配,有效管控新业务、新产品面临的各类风险,牢牢守住不发生系统性风险的底线。
II. Work Arrangements   二、工作安排
1. Self-examination of institutions (一)机构自查
(1) Organizing the implementation. All banking financial institutions shall be responsible for organizing their respective self-examination, taking into consideration the investigation of market chaos. All institutional supervision departments of the CBRC and all local offices of the CBRC shall be responsible for organizing and promoting the self-examination of banking financial institutions. 1.组织开展。各银行业金融机构负责组织实施本机构自查,并与排查市场乱象相结合。银监会各机构监管部门及各银监局负责组织推动银行业金融机构的自查,并对自查工作进行指导。
(2) Requirements for self-examination. All banking financial institutions shall carry out a self-examination and institutions at higher levels shall inspect the self-examination of those at lower levels. Self-examinations shall comprehensively cover the institutions, mechanisms, systems, procedures, personnel and business. The scope of business shall be the various business that have a balance at the end of 2016 and may be appropriately extended. Self-examinations and “examination by institutions at higher levels” shall be recorded for future regulatory examination. All banking financial institutions shall, according to the key examination points (see Annex 1 for details), specify the self-examination plan in light of their own characteristics, diligently organize the implementation thereof, and implement the primary responsibilities of risk management and control. Clues of cases found in self-examinations, if any, shall be reported to the supervision departments in a timely manner and be transferred to the judicial organs according to law. Problems that should have been examined that should have been found, that should have been handled, and that are not effectively handled shall be severely handled by the supervision departments according to law. 2.自查要求。各银行业金融机构均应开展自查,上级机构要对下级机构自查情况进行检查。自查应全面覆盖体制、机制、系统、流程、人员及业务。业务范围为2016年末有余额的各类业务,必要时可以适当延伸。自查和“上查下”要留有痕迹,以备监管检查。各银行业金融机构要根据检查要点(详见附件1),结合自身特点细化自查方案,认真组织实施,落实风险管控主体责任。自查发现案件线索的,要及时向监管部门报告并依法移送司法机关。对应查未查、应发现未发现、应处未处和处理不到位的问题,监管部门应依法从重处罚。
2. Regulatory examination (二)监管检查
(1) Organizing the implementation. Incorporated institutions under the direct supervision of the CBRC shall take charge of the supervision departments of the policy banks, large commercial banks, national shareholding banks, foreign banks, and non-bank financial institutions, etc. according to their respective supervision duties, and their branch offices shall be subject to the regulatory examination by the local office of the CBRC according to the requirements of the corresponding institutional supervision departments. All local offices of the CBRC shall be responsible for the regulatory examination of the incorporated institutions within their respective jurisdictions, and the supervision department of the city commercial banks, the rural financial institutions, the foreign banks, the trust companies, and the non-bank financial institutions, etc. shall offer guidance according to their respective supervision duties. 1.组织开展。银监会直接监管的法人机构由政策银行部、大型银行部、股份制银行部、外资银行部、非银部根据监管职责分别负责,其分支机构由各银监局按照银监会相应机构监管部门的要求实施监管检查。各银监局负责对辖内法人机构的监管检查,城市银行部、农村金融部、外资银行部、信托部、非银部根据监管职责进行指导。
(2) Requirements of examination. All relevant institutional supervision departments and all local offices of the CBRC shall, in light of the actualities and according to the key points of their work, substantiate the examination plans, and the number and business proportions of the institutions to be examined shall be independently determined in consideration of the risks and business volume of the institutions under supervision. The scope of business to be examined shall be the various businesses that have a balance at the end of 2016 and may be appropriately extended. For projects that have been listed in the on-site examination plan of the CBRC in 2017, the work contents of the special campaign against the “four inappropriatenesses” shall be incorporated into the scope of the examination. All local offices of the CBRC shall conduct a regulatory examination by “double random” means, as is the principle, and cover all categories of institutions within their respective jurisdictions. 2.检查要求。各相关机构监管部门、各银监局要结合实际情况,根据本工作要点细化检查方案,检查机构的数量和业务比例结合被监管机构的风险点和业务量自行确定。检查业务范围为2016年末有余额的各类业务,必要时可以适当延伸。对于已列为银监会2017年度现场检查计划的项目,要将“四不当”专项治理工作内容纳入检查范围。各银监局监管检查原则上采取“双随机”方式进行,应实现辖内机构类型全覆盖。
(3) Regulatory measures. All institutional supervision departments of the CBRC and all local offices of the CBRC shall, in consideration of the problems found out through the self-examination of institutions, regulatory examination, and routine supervision, offer targeted supervision opinions, implement one policy for one bank, urge the institutions to strictly conduct rectifications and accountability, and take prudential regulatory measures, such as ordering the suspension of business, stopping the approval for new business lines, stopping the approval of applications for forming new branch offices, and ordering change in directors and senior executives in light of the circumstances. 3.监管措施。银监会各机构监管部门和各银监局应结合机构自查、监管检查和日常监管掌握的问题,提出针对性的监管意见,一行一策,督促机构严格整改问责,并视情况采取责令暂停业务、停止批准开办新业务、停止批准增设分支机构、责令调整董事及高管等审慎监管措施。
III. Reporting Requirements.   三、报告要求
1. Report on self-examination of institutions. (一)机构自查报告
(1) Reporting route. The legal representatives of all banking financial institutions shall, on the basis of summarizing the self-examination of the branch offices, submit their self-examination reports (texts and annexed forms) to the supervision departments before July 15, 2017. Incorporated institutions under the direct supervision of the CBRC shall submit their self-examination reports to the institutional supervision department of the CBRC and all local incorporated institutions shall submit their self-examination reports to the local CBRC offices. The branch offices at all levels of the banking financial institutions shall copy the self-examination reports at the corresponding level to the local CBRC offices. The major violations found in self-examination shall be reported in special topics in a timely manner. 1.报告路径。各银行业金融机构法人应在汇总分支机构自查情况基础上,于2017年7月15日前将自查报告(文字及附表)报送监管部门。其中,银监会直接监管的法人机构将自查报告报送银监会机构监管部门,各地方法人机构将自查报告报送至属地银监局。银行业金融机构各级分支机构应将本级自查报告抄送属地银监局。对自查发现的重大违规问题,应及时专题报送。
(2) Reporting requirements. A self-examination report of an institution shall be signed and issued by the primary person in charge and include: first, the information on the organization and implementation of the self-examination work; second, the basic information on the internal regulations and compliance mechanism and the overall evaluation thereof; third, the main problems found in self-examination and the impact thereof; fourth, the cause of the existence of the problems; fifth, the specific information on the rectification and accountability, including the rectification and accountability measures that have been (are planned to be) taken, the explanation for failure to conduct rectification and accountability in a timely manner, scheduling for the rectification and accountability, and the responsible departments and persons in charge, etc., and the accounts of rectification and accountability shall be annexed. 2.报告要求。机构自查报告应由主要负责人签发,内容应包括:一是自查工作组织实施情况;二是内部规制与合规机制基本情况及总体评价;三是自查发现的主要问题和影响;四是问题存在的原因及分析;五是整改和问责工作的具体情况,包括已(拟)采取的整改和问责措施、未能及时整改和问责问题的说明、整改和问责进度安排、责任部门和责任人等,并附整改问责台账。
2. Summary reports by the category of institutions (二)分机构类别汇总报告
(1) Reporting route. All local offices of the CBRC shall, by the category of institutions (urban commercial banks, rural small or medium-sized financial institutions, foreign-funded banks, trust companies, and other non-banking institutions, of which rural small or medium-sized financial institutions are further subdivided into rural commercial banks, rural cooperative banks, rural credit cooperatives, and village banks, and other non-banking institutions are further subdivided into financial leasing companies, finance companies, auto finance companies, consumer finance companies, and currency brokerage companies) form summary reports (including annexed forms) within their respective jurisdictions, submit them to the corresponding institutional supervision departments of the CBRC before August 15, 2017, and copy to the Banking Innovation Supervision Department of the CBRC. All institutional supervision departments of the CBRC shall, by the category of institutions (policy banks, Postal Savings Bank of China, large-scale banks, joint-stock banks, urban commercial banks. rural small or medium-sized financial institutions, foreign-funded banks, trust companies, and other non-banking institutions) form summary reports of their business lines and submit them to the Banking Innovation Supervision Department before September 15, 2017. 1.报告路径。各银监局按机构类别(城市商业银行、农村中小金融机构、外资银行、信托公司、其他非银机构,农村中小金融机构进一步分为农村商业银行和农村合作银行、农村信用社、村镇银行,其他非银机构进一步分为金融租赁公司、财务公司、汽车金融公司、消费金融公司、货币经纪公司)形成本辖区汇总报告(含附表),于2017年8月15日前报送银监会相应机构监管部门,抄送银监会创新部。银监会各机构监管部门按照机构类别(政策性银行和邮储银行、大型银行、股份制银行、城市商业银行、农村中小金融机构、外资银行、信托公司、其他非银机构)形成本条线汇总报告,于2017年9月15日前报送创新部。
(2) Reporting requirements. A report shall include: first, the information on the self-examination, rectification and accountability of the institution, and the basic information on the internal institutional regulations and the construction, and implementation of the compliance management mechanism; second, the information on the organization and implementation of the regulatory examination; third, the main problems found in the self-examination and regulatory examination and the impact thereof; fourth, the analysis on the cause of the problems; fifth, the regulatory measures and administrative penalty measures planned to be taken; and sixth, relevant policy suggestions, etc. The major violations and typical cases shall be submitted in special topics to the Banking Innovation Supervision Department in a timely manner. 2.报告要求。报告应包括:一是机构自查和整改问责情况,机构内部规章及合规管理机制建设和执行的总体情况;二是监管检查的组织实施情况;三是自查和监管检查发现的主要问题及影响;四是对问题原因的分析;五是拟采取的监管措施和行政处罚措施;六是相关政策建议等。对重大违规问题和典型案例,请及时专题报送银监会创新部。
3. Summary reports (三)总结报告
The Banking Innovation Supervision Department of the CBRC shall, according to the summary reports by the category of institutions provided by all institutional supervision departments, summarize and form summary report on the work of the special campaign against the “four inappropriatenesses.” 银监会创新部根据各机构监管部门提供的分机构类别汇总报告,汇总形成“四不当”专项治理工作总结报告。
IV. Work Requirements   四、工作要求
1. Enhancing your consciousnesses. The banking financial institutions and the supervision departments at all levels shall fully understand the significance of the special campaign against the “four inappropriatenesses,” organize and carry out special campaigns, accountability and rectifications with a high sense of responsibility, insist in problem orientation, specify the organizational mechanism, strictly implement the responsibilities, and ensure the work quality. (一)提高思想认识。银行业金融机构和各级监管部门要充分认识“四不当”专项治理工作的重要性,以高度的责任感组织开展专项治理和问责整改,坚持问题导向,明确组织机制,严格落实责任,确保工作质量。
2. Strictly observing the work discipline. The supervision departments at all levels shall strictly implemented the spirit of the “eight-point rules” of the CPC Central Committee, consciously comply with the provisions of various rules, effectively complete the work of confidentiality, and lawfully and honestly carry out the examination. Violations of various disciplines shall be resolutely corrected and violators shall be seriously investigated and punished. (二)严肃工作纪律。各级监管部门要严格贯彻落实中央“八项规定”精神,自觉遵守各项制度规定,做好保密工作,依法廉洁开展检查工作。对违反各项纪律的行为要坚决纠正,严肃查处。
3. Strengthening the overall planning and coordination. Overall planning and arrangements shall be made for the special campaign against the “four inappropriatenesses” in consideration of the rectification of market chaos. All local offices of the CBRC and the relevant supervision departments under the CBRC shall determine a leader at the bureau level to take the lead and be responsible, designate a leader at the division director level to serve as contact person, and submit the list of contact persons and the contact information thereof to the Banking Innovation Supervision Department before April 12. All institutional supervision departments and all local offices of the CBRC may, according to the division of tasks of the special campaign, accordingly establish the contact mechanisms. During the process of implementing the special campaign, where clues of interprovincial business issues are involved or cross-provincial supervision and cooperation is required, relevant institutional supervision departments shall strengthen guidance and coordination and relevant local offices of the CBRC shall assist the local CBRC offices within their jurisdictions in effectively completing the work of verification.
......
 (三)加强统筹协调。本次“四不当”专项治理要与市场乱象整治工作统筹安排。各银监局和会机关相关监管部门要确定一名局级领导牵头负责,指定一名处级干部担任联络人,并于4月12日前将联络人名单和联系方式提供创新部。各机构监管部门、各银监局根据专项治理的任务分工可相应建立联络机制。在专项治理实施过程中,遇有涉及跨省业务问题线索或需跨省监管协作的,相关机构监管部门应加强指导和协调,由相关银监局协助属地银监局做好核查工作。
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