网上银行业务管理暂行办法 Administration of Online Banking Services Tentative Procedures

中国人民银行令[2001]第6号
(Promulgated by the People's Bank of China on, and effective as of, 29 June 2001.)
颁布日期：20010629 　实施日期：20010629 　颁布单位：中国人民银行

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Tentative Procedures have been formulated pursuant to the PRC, People's Bank of China Law and the PRC, Commercial Banking Law, in order to regulate and guide the healthy development of Online Banking Services in China, effectively mitigate the risks associated with the operation of banking services and protect the lawful rights and interests of bank clients.

　　Article 2　These Procedures shall apply to all types of banking institutions whose establishment in the People's Republic of China was approved by the People's Bank of China, including policy banks and wholly Chinese-owned commercial banks as well as equity joint venture banks, wholly foreign-owned banks and branches of foreign banks established pursuant to the PRC, Administration of Foreign-funded Financial Institutions Regulations.

　　Article 3　For the purposes of these Procedures, the term "Online Banking Services" means financial services provided by banks through the internet.

　　Article 4　Banking institutions wishing to offer Online Banking Services in the People's Republic of China shall submit an application to the People's Bank of China before commencing such services and may only commence the same after examination and approval by the People's Bank of China.

　　All institutions registered outside the People's Republic of China and institutions registered in the Hong Kong, Macao and Taiwan regions that wish to provide Online Banking Services to residents of mainland China through the internet, as well as institutions in the People's Republic of China, other than in the Hong Kong, Macao and Taiwan regions, that wish to provide Online Banking Services to residents abroad through the internet, must apply to the People's Bank of China before doing so.

　　Article 5　The People's Bank of China is responsible for the routine supervision, onsite inspection and offsite oversight of Online Banking Services offered by banks.

　　PART TWO　APPROVAL TO ENTER THE MARKET FOR ONLINE BANKING SERVICES

　　Article 6　A bank wishing to offer Online Banking Services shall satisfy the following conditions:

　　(1) it has sound internal control mechanisms and effective management systems for identifying, monitoring, assessing and controlling the risks associated with traditional banking services and Online Banking Services;

　　(2) it has an internal computer system with uniform standards, a computer network that is running smoothly and a good electronic infrastructure;

　　(3) its existing business activities are running smoothly and its main asset-liability indicators such as asset quality, liquidity, etc. are maintained within reasonable bounds;

　　(4) it has qualified management and technical personnel, and its senior management personnel have the necessary knowledge to manage Online Banking Services and the ability to effectively manage and control the risks associated with Online Banking Services;

　　(5) in the case of a branch of a foreign bank applying to offer Online Banking Services, the regulatory authorities of the home country (region) of its head office has in place the legal framework and possesses the regulatory capabilities to regulate Online Banking Services; and

　　(6) other conditions required by the People's Bank of China.

　　Article 7　Where policy banks, wholly Chinese-owned commercial banks (excluding municipal commercial banks), equity joint venture banks, wholly foreign-owned banks or branches of foreign banks wish to offer Online Banking Services, the applications therefor shall be centrally submitted by their head offices to the head office of the People's Bank of China.

　　Where municipal commercial banks wish to offer Online Ban

king Services, the applications therefor shall be centrally submitted by their head offices to the local branch or business management department of the People's Bank of China.

　　Article 8　Banks applying to offer Online Banking Services shall submit the following documents and information (in triplicate) to the People's Bank of China:

　　(1) an application to offer Online Banking Services;

　　(2) a feasibility study concerning the offering of Online Banking Services, which shall at least contain the following particulars:

　　1) the types of Online Banking Services to be offered;

　　2) the status of the construction of the bank's electronic infrastructure;

　　3) details on the presence of Online Banking Service management and technical personnel;

　　4) measures for management of the risks associated with Online Banking Services;

　　5) a description of the support system and key technology associated with the operation of the Online Banking Services and the measures for ensuring the security of the system; and

　　6) a forecast of the losses and earnings from the Online Banking Services, etc.;

　　(3) a security evaluation report on the bank's system used to operate its Online Banking Services issued by an authoritative evaluation institution recognized by the People's Bank of China;

　　(4) an Online Banking Services development plan;

　　(5) a contingency plan and service continuity plan associated with the operation of the Online Banking Services;

　　(6) the rules, regulations and operational procedures for the Online Banking Services for which application has been made;

　　(7) the applicant's contact person, contact telephone, facsimile number and e-mail address; and

　　(8) other documents and information that the People's Bank of China requires to be submitted.

　　Article 9　If a policy bank, wholly Chinese-owned commercial bank (excluding municipal commercial banks), equity joint venture bank or wholly foreign-owned bank wishes to increase the types of Online Banking Services it offers after having obtained approval to offer Online Banking Services, its head office shall centrally report the services to be added to the head office of the People's Bank of China for its examination. If a branch of a foreign bank wishes to increase the types of Online Banking Services it offers after having obtained approval to offer Online Banking Services, its chief reporting bank in the People's Republic of China shall centrally report the services to be added to the head office of the People's Bank of China for its examination.

　　If a municipal commercial bank wishes to increase the types of Online Banking Services it offers, its head office shall centrally report the services to be added to the local branch or business management department of the People's Bank of China for its examination.

　　Article 10　The People's Bank of China subjects applications by banks to offer new types of Online Banking Services to two separate systems, viz. an examination and approval system and a record filing system.

　　The examination and approval system shall apply to banks' applications for the addition of the following services:

　　(1) any new Online Banking Service that a bank develops using the internet, that differs from traditional types of banking services and that constitutes on-balance sheet assets or liabilities;

　　(2) payment and settlement services other than credit payments that a bank effects through the internet;

　　(3) on-balance sheet asset type traditional banking services for which a bank has not obtained the approval of the People's Bank of China and which it offers through the internet; and

　　(4) new services directly related to the securities or insurance business that a bank offers through the internet.

　　The record filing system shall apply to other added services th

at banks offer through the internet.

　　Article 11　When a bank applies to add a new Online Banking Service pursuant to Article 10 hereof, it shall submit the following documents and information (in triplicate) to the People's Bank of China:

　　(1) an application for adding the service;

　　(2) a feasibility study on the service to be added, which shall at least include:

　　1) the definition of the service to be added;

　　2) the risk factors of the service to be added and the measures for the mitigation thereof; and

　　3) a forecast of the losses and earnings from the offering of the service;

　　(3) the rules, regulations and operational procedures for the additional service for which application is made;

　　(4) the applicant's contact person, contact telephone, facsimile number and e-mail address; and

　　(5) other documents and information that the People's Bank of China requires be submitted.

　　Article 12　The People's Bank of China shall issue a formal official reply document, within 30 working days after acceptance of the application, to a bank that, pursuant to Article 7 or 10 hereof, has applied to it to offer Online Banking Services or to add a new service that is subject to the examination and approval system.

　　The regulatory department of the People's Bank of China shall reply by way of a record filing notice, within 15 working days after acceptance of the application, to a bank that, pursuant to Article 10 hereof, has applied to add a new service subject to the record filing system.

　　Article 13　Before a (sub-)branch of a bank offers Online Banking Services, it shall report the type and nature of the services it is to offer to the competent local branch of the People's Bank of China.

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