| Notice by the General Office of the China Banking and Insurance Regulatory Commission of Conducting the Special Campaign to Control Unauthorized Enterprise-Related Service Fees Charged by Banks | | 中国银保监会办公厅关于开展银行违规涉企服务收费专项治理工作的通知 |
| (No. 131 [2019] of the General Office of the China Banking and Insurance Regulatory Commission) | | （银保监办发[2019]131号） |
| All local offices of the China Banking and Insurance Regulatory Commission (“CBIRC”); all policy banks, large banks, and joint-stock banks; Postal Savings Bank of China; and foreign-funded banks: | | 各银保监局，各政策性银行、大型银行、股份制银行，邮储银行，外资银行： |
| For the purposes of implementing the important decisions and arrangements of the CPC Central Committee and the State Council on tax cuts and fee reductions and the alleviation of burdens on enterprises, regulating banks' collection of service fees, and better supporting the development of the real economy, the CBIRC has decided to conduct the special campaign to control unauthorized enterprise-related service fees charged by banks from June 2019. You are hereby notified of the relevant matters as follows: | | 为落实党中央和国务院关于减税降费、减轻企业负担的重要决策部署，规范银行服务收费行为，更好支持实体经济发展，银保监会决定自2019年6月起开展银行违规涉企服务收费专项治理工作。现就有关事项通知如下： |
| I. Objective Orientation | | 一、目标导向 |
| The special campaign this time aims to urge banking institutions to strictly implement various service price provisions, strengthen service price management, standardize the collection of enterprise-related service fees, reduce the financing costs of enterprises, and ease the burdens on enterprises. The collection of unauthorized enterprise-related service fees shall be resolutely investigated and punished, and typical cases shall be exposed to the public. At the same time, all banking institutions are encouraged to further review the services charging bank service fees, and make efforts to explore the space for further reducing fees in favor of enterprises. | | 通过此次专项治理，督促银行机构严格落实各项服务价格规定，加强服务价格管理，规范涉企服务收费行为，降低企业融资成本，减轻企业负担。对于违规涉企服务收费行为，坚决查处，抓典型案例公开曝光。同时，鼓励各银行机构进一步梳理银行服务收费业务，努力挖掘为企业进一步减费让利的空间。 |
| II. Work Arrangements | | 二、工作安排 |
| (1) Self-inspections by institutions | | （一）机构自查 |
| (a) Organization of implementation. All banking institutions (all policy banks, large banks, joint-stock banks, Postal Savings Bank of China, foreign-funded banks, urban commercial banks, private banks, rural commercial banks, rural cooperative banks, rural credit cooperatives, and village banks) shall be responsible for organizing the implementation of their respective self-inspections. Of all banking institutions, institutions at higher levels shall inspect the self-inspections conducted by the institutions at lower levels. All banking institution regulatory departments of the CBIRC and all local offices of the CBIRC shall take charge of organizing the promotion of and urging and guiding the self-inspections conducted by the banking institutions within their respective jurisdictions. The self-inspection shall cover various enterprise-related services charging service fees handled during the period from January 1, 2018, to the end of March 2019, and various enterprise-related services charging service fees that are still being conducted at the end of March 2019, and the services handled earlier or later may be included appropriately in this scope in light of actual circumstances. | | 1.组织开展。各银行机构（政策性银行、大型银行、股份制银行、邮储银行、外资银行、城市商业银行、民营银行、农村商业银行、农村合作银行、农村信用社、村镇银行）负责组织实施本机构自查。各银行机构的上级机构要对下级机构自查情况进行检查。银保监会各银行机构监管部门和各银保监局负责组织推动和督促指导辖内银行机构开展自查。自查范围包括2018年1月1日至2019年3月末期间办理的各类涉企服务收费业务，以及2019年3月末仍在开展的各类涉企服务收费业务，可根据实际情况适当追溯或延伸。 |
| (b) Self-inspection requirements. All banks shall, according to the key inspection points (Annex 1) and in consideration of their respective characteristics, specify the self-inspection plans, conscientiously organize the implementation thereof, implement the primary responsibilities, establish problem ledgers with respect to self-inspection results, and clarify the self-correction measures and accountability measures one by one. If any clue to a violation of any regulation is found through self-inspection, it shall be reported to the regulatory department in a timely manner; and whoever is suspected of any illegal or criminal activity shall be transferred to the judicial authority in a timely manner. As for the problems that should have been examined, should have been discovered, should have been handled, and are not effectively handled, severe penalties shall be imposed according to the law once they are found and verified. | | 2.自查要求。各银行要根据检查要点（附件1）结合自身特点细化自查方案，认真组织实施，落实主体责任，对自查结果应建立问题台账，并逐条明确自纠措施和问责措施。自查发现违规线索的，要及时向监管部门报告；涉嫌违法犯罪的，要及时移送司法机关。对应查未查、应发现未发现、应处未处和处理不到位的问题，监管部门一经发现查实应依法从重处罚。 |
| (2) Regulatory inspection | | （二）监管检查 |
| (a) Organization of the implementation thereof. All local offices of the CBIRC shall attach great importance to the special campaign this time, and conduct random regulatory inspections on the basis of the self-inspections and self-correction conducted by banking institutions within their respective jurisdictions, and may incorporate it into the overall arrangements of the special campaign for “consolidating achievements in irregularity rectification and promoting compliance building” of banking institutions to reasonably allocate regulatory resources and arrange time for random inspection so as to ensure the quality and efficiency of random inspections. A local office of the CBIRC shall, as oriented by problems and in consideration of the information on routine regulation and public opinions, conduct random inspection of at least three banking institutions under its territorial regulation within its jurisdiction, including at least one local corporate banking institution. The random inspection shall cover various enterprise-related services charging service fees handled during the period from January 1, 2018, to the end of March 2019, and various enterprise-related services charging service fees that are still being conducted at the end of March 2019 by the banking institutions under inspection, and the services handled earlier or later may be included appropriately in this scope in light of actual circumstances. | | 1.组织开展。各银保监局应高度重视本次专项治理，在辖内银行机构自查自纠的基础上开展监管抽查。可将其纳入银行机构“巩固治乱象成果 促进合规建设”专项工作统筹部署，合理调配监管资源、安排抽查时间，确保抽查质效。各银保监局应根据问题导向，结合日常监管和舆情信息，在辖内至少选择3家属地监管银行机构进行抽查，其中至少1家为地方法人银行机构。抽查范围包括2018年1月1日至2019年3月末期间发生的各类涉企服务收费业务，以及被查机构2019年3月末仍在开展的各类涉企服务收费业务，可根据实际情况适当追溯或延伸。 |
| (b) Determining the inspected institutions and inspection teams. All local offices of the CBIRC shall, before June 30, 2019, send the information such as the selected inspected institutions, time schedules, leaders in charge of the random inspection projects and contact persons (names, positions, telephones, mobile phones, and Intranet email addresses) to the Intranet email addresses of the contact persons of the Banking Institution Examination Bureau through Intranet emails. | | 2.确定被查机构和检查组。请各银保监局于2019年6月30日前，将选定的被查机构、时间安排、抽查项目分管局领导和联系人（姓名、职务、电话、手机、内网邮箱）等信息，通过内网邮件发送至银行检查局联系人内网邮箱。 |
| (c) Regulatory measures. All local offices of the CBIRC shall conscientiously organize random inspections according to the key inspection points. For the problems found through random inspections, all local offices of the CBIRC shall urge relevant institutions to conscientiously make rectification, and shall take prudential regulation measures and administrative penalty measures in light of actual circumstances. Whoever is suspected of any illegal or criminal activity shall be transferred to the judicial authority in a timely manner. | | 3.监管措施。各银保监局根据检查要点认真组织抽查。对于抽查发现的问题，督促相关机构严肃整改，并视情况采取审慎监管措施与行政处罚措施。涉嫌违法犯罪的，要及时移送司法机关。 |
| III. Report Requirements | | 三、报告要求 |
| (1) Self-inspection reports of institutions | | （一）机构自查报告 |
| (a) Report path and time. All corporate banking institutions shall form self-inspection reports (texts and attached tables) on the basis of summarizing the self-inspections conducted by their branch offices, and submit such reports to regulatory departments before July 31, 2019. The corporate institutions under the direct regulation of the CBIRC shall submit such reports to the competent institution regulatory departments, and local corporate institutions shall submit the self-inspection reports to the local offices of the CBIRC. The branch offices at all levels of banks shall send the copies of the self-inspection reports at the same level to the local offices of the CBIRC. | | 1.报告路径和时间。各银行机构法人应在汇总分支机构自查情况基础上形成自查报告（文字及附表），于2019年7月31日前报送监管部门。其中，银保监会直接监管的法人机构报送至对口的机构监管部门，地方法人机构将自查报告报送至属地银保监局。银行各级分支机构应将本级自查报告抄送属地银保监局。 |
| All local offices of the CBIRC shall summarize the self-inspections conducted by banks according to the types of institutions (urban commercial banks, private banks, small and medium-sized banking institutions in rural areas, and foreign-funded banks), and strengthen the review to form the summary reports (including the attached tables) for their respective jurisdictions, and submit them to the corresponding institution regulatory departments before August 20, 2019, and send the copies thereof to the Financial Innovation Supervision Department and the Banking Institution Examination Bureau. | | 各银保监局按机构类别（城市商业银行、民营银行、农村中小银行机构、外资银行）汇总银行自查情况，并应加强审核，形成本辖区汇总报告（含附表），于2019年8月20日前报送至相应机构监管部门，抄送创新部、银行检查局。 |
| All institution regulatory departments shall form summary reports of their business lines according to the types of institutions (policy banks, large banks and Postal Savings Bank of China, joint-stock banks, urban commercial banks, small and medium-sized banks in rural areas, and foreign-funded banks), and submit them to the Financial Innovation Supervision Department before September 10, 2019, and send the copies thereof to the Banking Institution Examination Bureau. | | 各机构监管部门按照机构类别（政策性银行、大型银行和邮储银行、股份制银行、城市商业银行、农村中小银行、外资银行）形成本条线汇总报告，于2019年9月10日前送创新部，并抄送银行检查局。 |
| (b) Reporting requirements. A self-inspection report shall highlight key points and provide detailed information, including but not limited to the organization of the implementation of the self-inspection, basic information and overall evaluation on the self-inspection, major problems found through the self-inspection, reasons for the problems and the analysis thereof, rectification and accountability, and relevant policy suggestions. | | 2.报告要求。自查报告应重点突出、内容详实，包括但不限于：自查组织实施情况、自查基本情况与总体评价、自查发现的主要问题、问题存在的原因及分析、整改问责情况，相关政策建议。 |
(2) Regulatory inspection report
．．．．．． | | （二）监管检查报告
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