中华人民共和国银行业监督管理法 Law of the peoples Republic of china on Regulation of and supervision over the Banki

（Adopted at the 6th Meeting of the standing committee of the Tenth National people's congress on December 27，2003）

颁布日期：20031227 　实施日期：20040201 　颁布单位：全国人大常委会

　　Order of the President of the people's Republic of china No 11

　　The Law of the people's Republic of china on Regulation of and supervision over the Banking Industry， adopted at the 6th Meeting of the Standing committee of the Tenth National people's Congress of the people's Republic of china on December 27， 2003，is hereby promulgated and shall go into effect as of February 1，2004.

　　Hu Jintao president of the people's Republic of china December 27，2003

　　contents

　　Chapter I General provisions

　　Chapter II The Regulatory Authority

　　Chapter III Regulatory and supervisory Responsibilities

　　Chapter IV Supervisory Measures

　　Chapter V Legal Responsibility

　　Chapter VI Supplementary provisions

　　Chapter I

　　General provisions

　　Article 1 this law is enacted with a view to improving regulation of and supervision over the banking industry， standardizing such regulation and supervision， preventing and mitigating risks in the banking industry， protecting the lawful rights and interests of depositors and other customers， and promoting the sound development of the banking industry.

　　Article 2 the banking regulatory authority under the state council shall be responsible for the regulation of and supervision over the financial institutions of the banking industry and their business operations throughout the country.

　　For purposes of this law， the “financial institutions of the banking industry ”refer to the financial institutions established in the people's republic of china that receive deposits from the general public， including， among others， commercial banks， urban credit cooperatives， and policy banks.

　　The provisions of the Law pertaining to the regulation of and supervision over the financial institutions of the banking industry are applicable to the regulation and supervision of the financial asset management companies， trust and investment corporations， finance companies and financial leasing companies established in the territory of the people's Republic of china and other financial institutions established with the approval of the banking regulatory authority under the state council.

　　The banking regulatory authority under the state council shall， in accordance with the relevant provisions of this law， regulate and supervise the financial institutions that， upon its approval， are established outside the people's Republic of china， as well as the business operations conducted abroad by the financial institutions mentioned in the preceding two paragraphs.

　　Article 3 the objectives of regulation of and supervisions over the banking industry are to promote the lawful， sound and steady operation of the baking industry and preserve public trust in the industry.

　　The banking industry shall be regulated and supervised in such a way as to protect fair competition in the industry and increase the competitiveness of the industry.

　　Article 4 when exercising regulation and supervision， the banking regulatory authority shall follow the principles of law-abiding openness， impartiality and efficiency.

　　Article 5 performance of the duties of supervision in accordance with law by banking regulatory and its staff members engaged in supervision shall be protected by law， Local governments， government departments at various levels， public organizations and individuals shall not interfere.

　　Article 6 the banking regulatory authority under the state council shall establish a mechanism with the people's Bank of China and other financial regulatory authorities under the state council for sharing supervisory information.

　　Article 7 the banking regulatory auth

ority under the state council may establish a cooperative mechanism of supervision with the banking regulatory authorities in other counties or regions for cross-border supervision.

　　Chapter II

　　The Regulatory Authority

　　Article 8 In light of the need to perform its duties， the banking regulatory authority under the state council set up local offices. It shall exercise unified leadership and administration of such offices.

　　The local offices of the banking regulatory authority under the state council shall perform their supervisory duties within the scope authorized by the said authority.

　　Article 9 the staff members of the banking regulatory authority who are engaged in supervision shall have the professional knowledge and work experience commensurate with the positions are holding.

　　Article 10 staff members of the banking regulatory authority shall be devoted to their duties， act in accordance with law and be impartial and honest； they shall not take advantage of their positions to seek illegitimate benefits， or concurrently hold positions in enterprises such as financial institutions.

　　Article 11 staff members of the banking regulatory authority shall， in accordance with law， guard state secrets， and it is incumbent upon them to guard the secrets of the financial institutions of the banking industry and of the parties subject to their supervision.

　　For exchanging supervisory information with the banking regulatory authorities of other countries and regions， the banking regulatory authority under the state council shall make arrangements for preserving the confidentiality of information.

　　Article 12 the banking regulatory authority under the state council shall make public its supervisory procedures， and establish a supervisory responsibility system and an internal supervisory system.

　　Article 13 local governments and the relevant government departments at various levels shall cooperate with and provide assistance to the banking regulatory authority when the latter deals with risks confronted by financial institutions of the banking industry， investigates and handles violations of law in finance， and exercises supervision in other manners.

　　Article 14 the auditing supervisory and other departments under the state council shall， in accordance with the provisions of relevant laws， oversee the activities of the banking regulatory authority under the state council.

　　Chapter III

　　Regulatory and Supervisory Responsibilities

　　Article 15 the banking regulatory authority under the state council shall， in accordance with laws and administrative regulations， formulate and promulgate supervisory rules and regulations governing the financial institutions of the banking industry and their business activities.

　　Article 16 the banking regulatory authority under the state council shall， in accordance with the requirements and procedures provided for in laws and administrative regulations， examine， before giving approval， the establishment， change， termination and business scope of financial institutions of the banking industry.

　　Article 17 where an application is submitted for the establishment of a financial institution of the banking industry and where such an institution intends to replace a shareholder that holds more than the specified percentage of the total amount of capital or shares， the banking regulatory authority under the state council shall examine the source of capital， financial strength， ability to replenish capital and integrity of the shareholders.

　　Article 18 the types of services offered by a financial institution of the banking industry within its business scope shall， in accordance with relevant regulations be subject to examination and approval by the banking regulatory authority under the state council or be submitted to the authority for the record. With regard to t

he types of services that are subject to examination and approval or to being on record， the banking regulatory authority under the state council shall， in accordance with relevant laws and administrative regulations， formulate regulations and make them known to the public.

　　Article 19 without approval by the banking regulatory authority under the state council， no institution or individual may establish a financial institution of the banking industry or engage in business activities of such an institution.

　　Article 20 the banking regulatory authority under the state council shall exercise control of the qualifications for the positions of the directors and senior managers of the financial institutions of the banking industry. Specific measures in this regard shall be formulated by the banking regulatory authority under the state council.

　　Article 21 the rules of prudent operation of the financial institutions of the banking industry shall be stipulated in laws or administrative regulations， and they may also be formulated by the banking regulatory authority under the state council in accordance with relevant laws and administrative regulations.

　　The rules of prudent operation mentioned in the preceding paragraph shall cover， among other things， risk management， internal control， capital adequacy， asset quality， loan loss provisioning， risk concentration， connected transactions， and liquidity management of assets.

　　The financial institutions of the banking industry shall strictly observe the rules of prudent operation.

　　Article 22 the banking regulatory authority under the state council shall， within a prescribed period of time， make a decision of approval or disapproval in writing in response to the following applications； if it makes a de

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