Measures for the administration of consumer rights protection of banks and insurance institutions

Chapter 6, Article 35 of the Measures for Supervision and Evaluation of the Protection of Consumer Rights and Interests of Banks and Insurance Institutions, including general principles, evaluation elements and grades, division of responsibilities and operation, evaluation results and application, organizational guarantee and work requirements, and supplementary provisions. The Measures apply to bank insurance institutions established in China to provide financial products or services to consumers, mainly including commercial banks, wealth management companies, trust companies, auto finance companies, consumer finance companies and insurance companies. The evaluation content includes six elements and 24 indicators, including system construction, mechanism and operation, operation and service, education and publicity, dispute resolution and supervision and inspection.

The Measures for the Supervision and Evaluation of Consumer Rights Protection of Banking and Insurance Institutions summarizes the practice and institutional requirements of China Banking Regulatory Commission (hereinafter referred to as CBRC) in the past few years, and constructs a standard system.

First, take into account the characteristics and dynamically adjust the consumer protection supervision and evaluation system. In view of the new problems in the field of consumer rights protection and the chaotic phenomenon of consumer rights protection strongly reflected by the masses, the management responsibility of bank insurance institutions to third-party cooperative institutions such as Internet platforms has been strengthened, the review of consumer rights protection has been strengthened, and the risk control barrier has been moved forward to prevent products from being listed "with diseases". Learn from the "Qiao Feng experience" in the new period, encourage financial institutions to actively carry out and participate in diversified dispute resolution, and incorporate the implementation into the assessment content.

Measures for supervision and evaluation of consumer rights protection of banks and insurance institutions: Yin Bao Jianfa [2021] No.24.

I. Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the Law of People's Republic of China (PRC) Commercial Bank, the Insurance Law of People's Republic of China (PRC) and other laws and regulations for the purpose of scientifically evaluating the quality and effectiveness of consumer rights protection in banking and insurance institutions, urging the banking and insurance industries to operate in compliance with laws and regulations, and earnestly safeguarding the legitimate rights and interests of consumers.

Article 2 The supervision and evaluation of consumer rights protection in banking insurance institutions (hereinafter referred to as the supervision and evaluation of consumer rights protection) refers to the supervision process in which the Bank of China Insurance Regulatory Commission (hereinafter referred to as China Banking and Insurance Regulatory Commission, China) and its dispatched offices comprehensively evaluate the development and overall situation of consumer rights protection in banking insurance institutions according to their daily supervision and other relevant information.

Article 3 The appraisal object of the supervision on the protection of consumers' rights and interests is a bank insurance institution legally established in People's Republic of China (PRC) to provide consumers with financial products or services.

Article 4 The supervision and evaluation of consumer rights protection is an important part of the behavior supervision of banking and insurance industry, which should fully reflect the characteristics and requirements of behavior supervision, give consideration to the construction of institutional mechanisms and the implementation of specific operations, organically combine qualitative and quantitative evaluation, and follow the principles of compliance with laws, objectivity, fairness, scientificity and standardization, and highlighting key points.

II. Chapter II Evaluation Elements and Grades

Article 5 The supervision and evaluation elements of consumer rights protection include five basic elements: system construction, mechanism and operation, operation and service, education and publicity, dispute resolution and supervision and inspection 1 reduction. The total weight of the five basic elements is 100%.

(1) system construction. It mainly evaluates the corporate governance and organizational structure construction of banks and insurance institutions related to consumer rights protection. The weight of this element is 10%.

(2) Mechanism and operation. It mainly evaluates the construction and operation of the working mechanism of consumer rights protection in bank insurance institutions, including consumer rights protection review, information disclosure, personal information protection, internal training, internal evaluation and internal audit. The weight of this element is 25%.

(3) Operation and service. It mainly evaluates the implementation of relevant requirements of consumer rights protection by bank insurance institutions in their daily operations and services, including but not limited to marketing promotion, appropriateness management, sales behavior control, cooperative organization management, service quality and fees. The weight of this element is 30%.

(4) education and publicity. It mainly evaluates the overall arrangement of consumer education and publicity, centralized education and publicity activities and the development of normalized consumer education in banking and insurance institutions. The weight of this element is 10%.

(5) Dispute settlement. It mainly evaluates the complaint management, the number of complaints and the implementation of diversified dispute resolution mechanisms of banks and insurance institutions. The weight of this element is 25%.

(6) supervision and inspection. According to the on-site inspection, report investigation, complaint supervision, reconsideration litigation, daily public opinion, major negative events and the implementation of relevant system rectification of bank insurance institutions, the deduction shall not exceed 25% of the total weight.

Article 6 There are several evaluation indexes under each element of supervision and evaluation of consumer rights protection. According to the characteristics of behavior supervision, based on the reality of industry development and consumer rights protection, the CBRC dynamically adjusted the specific evaluation indicators under the evaluation factors of consumer rights protection supervision.

Article 7 The evaluation scores of consumer rights protection supervision include: index score, factor score and comprehensive score.

(1) Index score. The scores of different evaluation indexes in each evaluation element. Within the scope of the index score, the score is determined according to the work development.

(2) Factor score. The score of each evaluation factor is the sum of the scores of different evaluation indicators under this factor.

(3) Comprehensive score. The overall evaluation score is 5 basic factor points and 1 reduction factor points plus a sum.

Article 8 The total score of supervision and evaluation of consumer rights protection is 100, and the minimum scoring unit is 0. 1. According to the final comprehensive score, the supervision and evaluation results of consumer rights protection are divided into four grades. The greater the rank number, the more problems existing in the protection of institutional consumers' rights and interests, and the higher the degree of supervision and attention.

The comprehensive score of consumer rights protection supervision and evaluation is above 90 points (inclusive) as the first level; The score of 75 (inclusive) to 90 is divided into two levels, of which: 85 (inclusive) to 90 is divided into two levels A, 80 (inclusive) to 85 is divided into two levels B, and 75 (inclusive) to 80 is divided into two levels C; 60 (inclusive) to 75 are divided into three grades, among which: 70 (inclusive) to 75 are divided into three grades A, 65 (inclusive) to 70 are divided into three grades B, and 60 (inclusive) to 65 are divided into three grades C; The score below 60 is level 4.

Chapter III Division of Responsibilities and Operation

Article 9 The supervision and evaluation period of consumer rights protection is one year, and the evaluation period is from the evaluation year 65438+ 10/to the current year 65438+February 3 1. The annual supervision and evaluation should be completed within 5 months after the end of the evaluation period.

Article 10 The China Banking Regulatory Commission (hereinafter referred to as the CBRC) is responsible for organizing and supervising the supervision and evaluation of consumer rights protection in the banking and insurance industries nationwide, and evaluating the banking and insurance legal entities directly supervised.

Article 11 The dispatched offices of the CBRC shall, in accordance with the principle of territorial supervision, be responsible for supervising and evaluating the protection of consumers' rights and interests in the banking, insurance corporate institutions and tier-one branches within their jurisdiction, and submit the evaluation results of tier-one branches and the rankings of similar institutions to the consumer rights and interests protection functional departments of relevant corporate supervision institutions.

Article 12 The supervision and evaluation of consumer rights protection includes: scheme formulation, self-evaluation of institutions, evaluation implementation and file collection.

Article 13 The CBRC shall, every year, formulate an annual supervision and evaluation plan for consumer rights protection according to the key points of supervision and protection of consumer rights and interests and the development of consumer rights and interests protection in banks and insurance institutions, and specify the specific indicators, scoring rules and specific time schedule for the supervision and evaluation of consumer rights and interests protection in that year.

The annual supervision and evaluation plan for the protection of consumers' rights and interests shall, in principle, be released before the end of the evaluation year.

Article 14 Self-evaluation of institutions. According to the annual supervision and evaluation plan for consumer rights protection of China Banking and Insurance Regulatory Commission, banks and insurance institutions carry out self-evaluation on five basic elements, comprehensively and objectively evaluate the overall effect of their own consumer rights protection work, and submit the self-evaluation results and the supporting materials on which the evaluation indicators are based to the relevant regulatory agencies.

Article 15 Evaluation and implementation. China Banking Regulatory Commission and its dispatched offices shall comprehensively collect information, objectively analyze and evaluate, and form evaluation results with reference to self-evaluation.

(1) Collect information. The information that China Banking Regulatory Commission and its dispatched offices should collect when carrying out the supervision and evaluation of consumer rights protection includes: off-site supervision and on-site inspection information related to consumer rights protection, consumer complaints and handling, reporting, reconsideration, litigation, cases related to consumer rights protection, daily public opinion, major negative events and other information, self-evaluation and relevant certification materials submitted by banks and insurance institutions, evaluation of industry service quality by relevant institutions such as industry organizations and other information related to consumer rights protection supervision and evaluation.

(2) Comprehensive analysis. China Banking Regulatory Commission and its dispatched offices shall comprehensively and objectively analyze all kinds of information related to the protection of consumers' rights and interests, and comprehensively evaluate all evaluation factors and indicators to form evaluation results. When necessary, it can be verified through on-site investigation, spot check, supervision and conversation.

(3) Determine the result. China Banking Regulatory Commission and its dispatched offices will synthesize the evaluation results of corporate banking insurance institutions and tier-one branches, and weight the average scores of tier-one branches and corporate evaluation scores by 40% and 60% to obtain the comprehensive scores of banking insurance institutions.

If the self-evaluation score of a bank insurance institution seriously deviates from the regulatory evaluation score of the five basic elements, the comprehensive score shall be deducted according to the average deviation of similar institutions in the current year.

(4) notification of results. China Banking Regulatory Commission and its dispatched offices shall timely summarize the overall situation of supervision and evaluation on the protection of consumer rights and interests in the banking and insurance industries within their respective jurisdictions, and inform the evaluated institutions of the evaluation results through talks, supervision meetings and supervision reports.

Bank insurance institutions shall not disclose the evaluation results for commercial purposes such as advertising, publicity and marketing.

Article 16 Archives collection. After the supervision and evaluation of consumer rights protection, the China Banking Regulatory Commission and its dispatched offices shall file the important information generated in the evaluation process.

Chapter IV Evaluation Results and Application

Article 17 China Banking Regulatory Commission and its dispatched offices shall make full use of the evaluation results of consumer rights protection supervision, regard them as an important basis for formulating regulatory policies and work plans for consumer rights protection, as well as an important reference for allocating regulatory resources and taking regulatory measures, deeply analyze the problems existing in consumer rights protection in banking and insurance institutions and their causes, and urge them to rectify the problems found in time.

Article 18 Evaluation results.

(1) The evaluation result is Grade I, which indicates that the institutional consumer rights protection work is at the leading level in the industry and has a full understanding of the importance of consumer rights protection work. The organizational structure of consumer rights protection is sound, and all working mechanisms run smoothly, which can ensure the implementation of consumer rights protection concepts and requirements in business management and business links.

(II) The evaluation result is Grade II, which indicates that the protection of institutional consumers' rights and interests is at a medium level in the industry, the organizational structure of consumer rights and interests protection is reasonable, and all working mechanisms can basically ensure the implementation of consumer protection concepts and requirements in most business management and business links, but there are some shortcomings in the work, which need to be improved.

(III) The evaluation result is Grade III, indicating that the protection of institutional consumers' rights and interests is at a low level in the industry. There are big problems in the construction of the organizational structure of consumer rights protection and the operation of various working mechanisms, and the concept and requirements of consumer rights protection in business management and business links are not implemented in place. It is necessary to take timely measures to improve the implementation of institutional mechanisms and make up for work defects.

(IV) The evaluation result is Grade 4, indicating that the protection of institutional consumers' rights and interests is at a backward level in the industry. There are serious problems in the construction of consumer rights protection organization structure and the operation of various working mechanisms, and it is difficult to ensure the implementation of consumer rights protection requirements in business management and business links. Incidents that infringe on the legitimate rights and interests of consumers occur frequently, so we must immediately and comprehensively examine the problems and take effective measures to rectify them.

Nineteenth after the assessment results are notified, the bank insurance institutions shall study the rectification measures and put forward the rectification plan in view of the problems and defects existing in their own consumer rights protection work.

Institutions with Grade III and IV evaluation results should form a rectification plan as soon as possible after receiving the evaluation results, and submit a rectification progress report to the relevant regulatory authorities within 90 days. For the rectification work that is difficult to complete in a short period of time, the bank insurance institution shall formulate a regular rectification account and promote it in an orderly manner.

Article 20 The China Banking Regulatory Commission and its dispatched offices shall, according to the results of the supervision and evaluation on the protection of consumers' rights and interests, adopt differentiated supervision measures for banking and insurance institutions according to law.

(a) to urge the institutions whose evaluation results are Grade I to strengthen the management of daily business activities and effectively prevent operational risks.

(two) the evaluation results for the second class institutions, should pay attention to the weak links in the protection of consumer rights and interests, and urge them to strengthen the management of daily business activities through window guidance, supervision talks, etc., to effectively prevent business risks.

(III) For institutions with the evaluation result of Grade III, in addition to taking regulatory measures for secondary institutions, they can also be required to strengthen the construction and implementation of consumer rights protection systems and mechanisms by issuing risk warning letters, regulatory circulars, ordering rectification within a time limit, and ordering internal accountability. , and publicly disclose its misconduct when necessary.

(4) For the institutions with the evaluation result of Grade IV, in addition to the regulatory measures for the institutions with Grade III, for the institutions with ineffective rectification measures or ineffective rectification effect due, relevant regulatory measures can be taken in terms of starting new business and adding branches according to relevant laws and regulations.

The CBRC and its dispatched offices shall increase the frequency of on-site inspections of institutions whose evaluation results are Grade III or below or whose ranking continues to decline among similar institutions, and require institutions to further improve the weight of internal assessment of consumer rights protection in the comprehensive performance evaluation system.

Chapter V Organizational Guarantee and Work Requirements

Article 21 The China Banking Regulatory Commission (hereinafter referred to as CBRC) and the consumer protection functional departments of its dispatched offices are responsible for leading the supervision and evaluation of consumer protection, including:

(1) Organizing and implementing the specific work of supervision and evaluation of consumer protection;

(two) to guide and supervise the supervision and evaluation of the protection of consumer rights and interests of the dispatched institutions under their jurisdiction;

(three) to sort out the supervision and evaluation files of consumer rights protection and do a good job of filing;

(four) according to the evaluation results, take follow-up supervision measures for bank insurance institutions;

(five) other work related to the supervision and evaluation of consumer rights protection.

Article 22 The China Banking Regulatory Commission and other relevant departments of its dispatched offices shall provide relevant information, materials and suggestions on the supervision and evaluation of consumer rights protection, and cooperate with the functional departments of consumer rights protection to take follow-up supervision measures on banking and insurance institutions according to the evaluation results.

Article 23 The dispatched offices of the CBRC may, according to the needs of their work, set up a supervision and evaluation committee for the protection of consumers' rights and interests to guide and supervise the evaluation work of the dispatched offices at the corresponding level, and determine the evaluation results through meetings or signatures.

Article 24 A bank insurance institution shall provide true, accurate and complete data and relevant information required for the supervision and evaluation of consumer rights protection.

If a bank insurance institution submits false materials, the China Banking Regulatory Commission and its dispatched offices shall, according to the specific circumstances and nature, deal with them severely in accordance with the relevant provisions of the Banking Supervision Law of the People's Republic of China and the Insurance Law of People's Republic of China (PRC).

Twenty-fifth consumer rights protection supervision and evaluation should actively use information technology to build a supervision and evaluation information system, relying on this system to carry out data collection, index statistics, data analysis, results application and other work, to enhance standardization and accuracy.

Article 26 The dispatched office of China Banking Regulatory Commission (hereinafter referred to as CBRC) shall timely report the results of supervision and evaluation on consumer rights protection of banking insurance institutions within its jurisdiction to the functional department of consumer rights protection of higher-level supervision institutions.

Article 27 The China Banking Regulatory Commission and its dispatched offices shall strictly control the scope of evaluation information and materials, and do a good job in keeping confidential the information and materials for supervision and evaluation of consumer rights protection. Staff involved in the supervision and evaluation of consumer rights protection shall not disclose state secrets, business secrets, sensitive information and personal information learned in the evaluation process.

Article 28 After the evaluation, if it is found that the banking insurance institutions have serious violations of laws and regulations that infringe upon the legitimate rights and interests of consumers during the evaluation period, the China Banking Insurance Regulatory Commission and its dispatched offices may adjust the evaluation results according to the situation and report the adjustment to the consumer rights protection functional department of the higher-level supervision institution step by step.

Chapter VI Supplementary Provisions

Article 29 The objects of supervision and evaluation for the protection of consumers' rights and interests stipulated in these Measures do not include development banks, policy banks, financial asset management companies, financial asset investment companies, financial leasing companies, enterprise group financial companies, currency brokerage companies, provincial associations, loan companies, rural mutual funds cooperatives, policy insurance companies, insurance group (holding) companies, reinsurance companies, agricultural insurance companies, pension insurance companies, mutual insurance organizations, insurance asset management companies and pension management.

Thirtieth foreign-funded corporate banks, branches of foreign banks, etc. , do not carry out personal business or personal business accounts for a relatively small proportion, shall not be used as the object of supervision and evaluation of consumer rights protection.

Thirty-first by the end of the evaluation year, banking and insurance institutions that have been in business for less than two fiscal years are not regarded as the evaluation objects of consumer rights protection supervision.

Article 32 For small and medium-sized banks in rural areas, the dispatched offices of the CBRC can only assess the corporate institutions according to the actual working conditions every year and determine their own coverage. In principle, full coverage should be achieved within five years, and the annual coverage rate should be no less than 20%.

Article 33 Franchisees such as credit card centers shall carry out supervision and evaluation of consumer rights protection with reference to tier-one branches.

Article 34 The China Banking Regulatory Commission shall be responsible for the interpretation and revision of these Measures.

Article 35 These Measures shall come into force as of the date of promulgation. The Notice of China Banking Regulatory Commission on Printing and Distributing the Measures for Evaluating the Protection of Consumers' Rights and Interests in Banking Financial Institutions (Trial) (No.37 [2065438+04]) and the Notice on Printing and Distributing (No.75 [2065438+05]) shall be abolished at the same time.

According to the relevant regulations, the supervision and evaluation of consumer rights protection in banking and insurance institutions refers to the supervision process in which China Banking Regulatory Commission and its dispatched offices comprehensively evaluate the development and overall situation of consumer rights protection in banking and insurance institutions according to the daily supervision and other relevant information.

Legal basis: Article 5 of the Notice of China Banking Regulatory Commission on Printing and Distributing the Measures for Supervision and Evaluation of Consumer Rights Protection of Banking Insurance Institutions includes five basic elements: system construction, mechanism and operation, operation and service, education and publicity, dispute resolution and supervision and inspection 1 reduction. The total weight of the five basic elements is 100%.

(1) system construction. It mainly evaluates the corporate governance and organizational structure construction of banks and insurance institutions related to consumer rights protection. The weight of this element is 10%.

(2) Mechanism and operation. It mainly evaluates the construction and operation of the working mechanism of consumer rights protection in bank insurance institutions, including consumer rights protection review, information disclosure, personal information protection, internal training, internal evaluation and internal audit. The weight of this element is 25%.

(3) Operation and service. It mainly evaluates the implementation of relevant requirements of consumer rights protection by bank insurance institutions in their daily operations and services, including but not limited to marketing promotion, appropriateness management, sales behavior control, cooperative organization management, service quality and fees. The weight of this element is 30%.

(4) education and publicity. It mainly evaluates the overall arrangement of consumer education and publicity, centralized education and publicity activities and the development of normalized consumer education in banking and insurance institutions. The weight of this element is 10%.

(5) Dispute settlement. It mainly evaluates the complaint management, the number of complaints and the implementation of diversified dispute resolution mechanisms of banks and insurance institutions. The weight of this element is 25%.

(6) supervision and inspection. According to the on-site inspection, report investigation, complaint supervision, reconsideration litigation, daily public opinion, major negative events and the implementation of relevant system rectification of bank insurance institutions, the deduction shall not exceed 25% of the total weight.

Article 6 There are several evaluation indexes under each element of supervision and evaluation of consumer rights protection. According to the characteristics of behavior supervision, based on the reality of industry development and consumer rights protection, the CBRC dynamically adjusted the specific evaluation indicators under the evaluation factors of consumer rights protection supervision.