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Interim Measures of China Postal Savings Bank for the Administration of Agency Business Institutions

Chapter I General Provisions

Article 1 In order to standardize the agency behavior of China Postal Savings Bank (hereinafter referred to as Postal Savings Bank), strengthen supervision and management, maintain the order of financial market, protect the legitimate rights and interests of depositors and other customers, and promote the healthy development of postal savings bank business, 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 and other relevant laws and regulations.

Article 2 Postal savings banks, postal savings bank agencies and postal enterprises must abide by these Measures when handling commercial bank-related business according to law. The CBRC and its dispatched offices shall perform their supervisory duties on postal savings institutions and postal enterprises in handling commercial bank-related businesses according to law.

Article 3 The term "postal savings bank agency" as mentioned in these Measures refers to a postal enterprise business institution that has obtained a financial license with the approval of the banking regulatory institution and handles related business of commercial banks within the business scope entrusted by the Postal Savings Bank. The term "postal enterprises" as mentioned in these Measures refers to China Post Group Corporation and its legal entities and management institutions at all levels that provide universal postal services.

Article 4 Postal enterprises shall not handle related businesses that commercial banks have not been entrusted by Postal Savings Bank. When handling the business entrusted by the Postal Savings Bank, postal enterprises shall establish separate account management and accounting with the postal service.

Article 5 The agency business of the Postal Savings Bank shall rely on the universal service network of postal enterprises to operate. Postal enterprises must handle the relevant business of commercial banks through the establishment of postal savings bank agencies, and must carry out business in the name of postal savings bank. "Postal Savings" brand is uniformly used by Postal Savings Bank.

Article 6 Postal savings banks and postal enterprises shall follow the principle of equality and reciprocity and establish a standardized and transparent principal-agent mechanism. Both parties should be honest and trustworthy, earnestly fulfill their obligations, and jointly safeguard the image of financial services, the brand of "postal savings" and the safety of financial business.

Chapter II Institutional Management

Article 7 The agency business organization of the Postal Savings Bank and the business organization of the postal enterprise are in the same business place. An agency of a postal enterprise may not act as an agent for the Postal Savings Bank. Postal enterprises shall not entrust other enterprises or individuals to act as agents for postal savings banks.

Article 8 An annual agency development plan shall be formulated for the establishment of the agency business of the Postal Savings Bank, which shall be implemented after the first-tier branch of the Postal Savings Bank reports to the local banking regulatory bureau at the beginning of each year or at the end of last year and is approved by the banking regulatory bureau (with a copy to the CBRC). The formulation of the annual development plan of the agency business of the Postal Savings Bank shall be approved by the local postal enterprises, authorized or approved by the head office of the Postal Savings Bank, and conform to the requirements of the institutional construction plan of the head office of the Postal Savings Bank and China Post Group Company in that year. The annual institutional development plan at least includes the list of institutions to be established in that year, feasibility analysis, planned business, risk control measures, etc.

Article 9 The applicant who runs the agency business of the Postal Savings Bank is an institution above the secondary branch of the Postal Savings Bank, and the applicant shall meet the following conditions:

(1) Having strong internal control and risk management capabilities;

(2) There have been no major cases and serious violations of laws and regulations in the last two years;

(3) It has established the management system and mechanism of the agency business organization of the Postal Savings Bank, and has sufficient professional management ability;

(4) Other prudential conditions stipulated by the CBRC.

Article 10 A postal enterprise at or above the county (city, district) level shall meet the following conditions for establishing a postal savings bank agency:

(1) It has signed a standardized agency agreement with the Postal Savings Bank;

(two) in line with the development plan of the business area where the Postal Savings Bank is located, which is conducive to improving the level of local financial services;

(3) Having a sound and effective internal control, risk management and accountability system;

(4) There are no major violations of laws and regulations or major cases in the last two years;

(5) The proposed institution has been incorporated into the annual development plan approved by the local banking regulatory bureau;

(6) Other prudential conditions stipulated by the CBRC.

Article 11 The establishment of the agency business of the Postal Savings Bank shall go through two stages: preparation and opening, which shall be accepted, examined and decided by the local banking regulatory branch or the banking regulatory bureau of the city where the applicant is located.

Article 12 Where an applicant applies for preparatory establishment, the accepting organ shall make a written decision on approval or disapproval within 2 months from the date of receiving the complete application materials. The preparation period of the postal savings bank agency is 6 months from the date of approval. If the preparatory work fails to be completed on schedule, the applicant shall submit an application for extension to the preparatory work application acceptance organ 0 months before the expiration of the preparatory work period, and the preparatory work application acceptance organ shall make a decision on whether to approve the extension within 20 days from the date of receiving the written application. The longest time limit for deferred preparation is 3 months. The applicant shall submit an application for starting business before the expiration of the time limit specified in the preceding paragraph. If the application is not submitted within the time limit, the approval document for the preparatory establishment will be invalid, and the decision-making organ shall go through the formalities for canceling the preparatory establishment permit.

Thirteenth applications for the establishment of a postal savings bank agency shall be submitted to the organ that accepts the application for preparation, and the organ that accepts the application for preparation shall accept, examine and decide. The organ that accepts the application for preparation shall make a written decision on approval or disapproval within 2 months after receiving the complete application materials.

The opening of an agency business institution of the Postal Savings Bank shall meet the following conditions:

(1) There are not less than four people familiar with banking business, of whom more than 50% are engaged in banking 1 year; (2) Having an independent bank window in the business premises of postal enterprises;

(3) Having the necessary hardware and information technology conditions to realize computer networking operation;

(4) Having safety precautions and other facilities suitable for banking business;

(5) Other prudential conditions stipulated by the CBRC.

Fourteenth postal savings bank business institutions shall, after receiving the approval documents and obtaining the financial license, go through the formalities for industrial and commercial administration registration. Postal savings bank business institutions shall start business within 6 months from the date of obtaining the industrial and commercial business license. If the business cannot be started on schedule, the applicant shall file an application for extension of business opening with the business opening application acceptance authority 1 month before the expiration of the business opening period. The organ accepting the business application shall make a decision on whether to approve the extension within 20 days from the date of receiving the written application. The longest extension of business opening is 3 months. If the business institution of the Postal Savings Bank fails to start business within the prescribed time limit, the original approval document for business opening is invalid, and the decision-making organ shall go through the cancellation procedures for business opening license, withdraw its financial license and make an announcement.

Article 15 The Postal Savings Bank shall formulate unified and standardized naming rules for the agency business of the Postal Savings Bank. The name of the agency of Postal Savings Bank must be preceded by the general name of "XXX Business Office of Postal Savings Bank of China Limited".

Sixteenth postal savings bank agency business changes include name change, business premises change, temporary closure, etc. , an application shall be made by an institution above the second-tier branch of the Postal Savings Bank that intends to change its agency business location. Changes in the agency business of the Postal Savings Bank shall be accepted, examined and decided by the local banking regulatory branch or the banking regulatory bureau of the city where the applicant is located.

Article 17 The principle of changing the business premises of a postal savings institution is limited to the same city or the same city (town), and it shall have business premises, safety precautions and other facilities consistent with its business development, and meet the prudential conditions stipulated by the CBRC. The accepting organ shall make a written decision on approval or disapproval within 3 months from the date of acceptance. From the date of approving the change of business premises to the opening of the new site, the postal savings bank agency shall choose to continue its business at the original site, or suspend its business temporarily, or cooperate with other business institutions, and submit it together with the application for change.

Eighteenth postal savings bank business institutions for more than 3 days and less than 6 months, it should be temporarily closed. The organ accepting the application for temporary suspension of business shall make a written decision on approval or disapproval within 10 days from the date of acceptance. If the approved temporary suspension period expires or the reasons leading to the temporary suspension are eliminated, the temporary suspension institution shall resume business, and the original applicant shall report to the decision-making organ within 5 days after the resumption of business. Where the business premises are rebuilt, the applicant shall provide the decision-making organ with the certificate of ownership or use right of the business premises and the certificate of fire safety and fire control qualification before resuming business. In case of special circumstances, it is necessary to extend the period of temporary suspension of business, and a new application shall be made in accordance with the procedures specified in the preceding paragraph.

Nineteenth postal savings bank agency business termination (except those revoked according to law), the postal savings bank shall apply for termination by the second branch or above. Without the approval of the banking regulatory agency, the agency business of the Postal Savings Bank shall not be stopped or terminated without authorization. The application of the postal savings bank agency to terminate its business shall be accepted, examined and decided by the local banking regulatory branch or the local city banking regulatory bureau, and a written decision on approval or disapproval shall be made within 3 months from the date of acceptance.

Article 20 After the termination of the agency relationship of the Postal Savings Bank's agency business is approved, the Postal Savings Bank shall promptly post an announcement in the agency business, conduct a comprehensive audit of the business handled by the Postal Savings Bank's agency business, properly handle the creditor's rights and debts, and recover all the vouchers, seals and licenses.

Article 21 The applicant shall submit the corresponding materials in accordance with the Appendix "Catalogue and Format Requirements for Market Access of Postal Savings Bank Agencies" of these Measures, and the materials must be legal, authentic and effective.

Article 22 If the agency business of the Postal Savings Bank changes, the Postal Savings Bank shall complete the change within 6 months from the date of making the approval and approval decision, and report to the decision-making organ and the local banking supervision and management institution. If the change is not completed within the time limit specified in the preceding paragraph, the decision document granting the license is invalid, and the decision-making organ shall go through the formalities for cancellation of the administrative license.

Article 23 Where the establishment, alteration and termination of a postal savings bank involve legal procedures such as industrial and commercial and tax registration alteration, it shall report to the local banking regulatory agency within 1 month after completing the relevant alteration procedures.

Article 24 The management of the financial license of the agency business institution of Postal Savings Bank shall comply with the relevant requirements of the Measures for the Administration of Financial License issued by CBRC.

Chapter III Business Management

Article 25 The business institutions of the Postal Savings Bank shall operate in compliance with laws and regulations, and shall not handle the business related to commercial banks beyond the business scope entrusted by the Postal Savings Bank, and must set up an independent business window to handle the business related to commercial banks.

Twenty-sixth postal savings bank agency business institutions can operate part of the postal savings bank business, asset business approval and risk control management should be directly responsible for the postal savings bank. Self-service banks should be directly managed by Postal Savings Bank.

Article 27 Postal savings banks shall establish a business entrustment management system for agency business institutions, and entrust corresponding businesses according to the personnel, facilities and management of agency business institutions.

Twenty-eighth postal savings bank agency to open new business scope, new business varieties, etc. , should be reported in writing to the local banking regulatory branch or the local banking regulatory bureau within 10 days after opening. The business report shall at least include the introduction of the opening of the Postal Savings Bank, the internal authorization documents of the Postal Savings Bank, and the basic information of the agency (including staffing, facilities, regional market, operating conditions, etc.). ) and related management and risk control measures.

Article 29 The marketing and publicity of agency business of Postal Savings Bank shall be uniformly planned and managed by Postal Savings Bank.

Article 30 All business vouchers of the agency business institutions of the Postal Savings Bank shall be uniformly printed and centrally managed by the Postal Savings Bank, and a strict system of receiving, using, handing over and keeping shall be established.

Article 31 All kinds of original vouchers, account books, statements, data and other materials of the business institutions of the Postal Savings Bank shall be properly kept by the Postal Savings Bank in accordance with relevant regulations.

Article 32 In accordance with the principle of "centralization and unification", strengthen the cash management of the agency business of the Postal Savings Bank, strictly control and manage the cash reserves in accordance with the relevant regulations of the Postal Savings Bank, and uniformly issue cash in areas where conditions permit.

Thirty-third postal savings bank cash delivery institutions can be outsourced to qualified social professional institutions, and the postal savings bank is responsible for signing relevant agreements; Failing to outsource to social professional institutions, the Postal Savings Bank and postal enterprises shall negotiate clearly on the premise of safety and feasibility.

Article 34 Postal savings banks shall uniformly formulate relevant systems such as engraving, use, storage and destruction of business seals of postal savings banks' agency business institutions, so as to ensure that the business is legal and effective and the risks are controllable.

Article 35 Postal savings banks shall require postal enterprises to be responsible for the safety of agency business institutions. Postal savings bank shall inspect the agency business institutions and put forward suggestions for improvement.

Chapter IV Management of Principal-agent Behavior

Article 36 Without approval, the Postal Savings Bank shall not entrust any enterprise or individual other than the agency of the Postal Savings Bank to handle the business related to commercial banks, except as otherwise provided for in the agency behavior with other financial institutions.

Article 37 The head office of Postal Savings Bank shall establish a standardized and transparent business cooperation mechanism with China Post Group Corporation, and clarify the relationship between the responsibilities and rights of both parties in business agency cooperation. The two sides signed a comprehensive cooperation framework agreement on major issues such as planning, investment, construction (including decoration), personnel training and service standards of the agency. The framework agreement shall stipulate that the framework agreement shall come into effect after being approved by the CBRC, and any adjustment or change shall be reported to the CBRC for the record in time.

Thirty-eighth postal savings banks should establish a unified national principal-agent management system with postal enterprises, and authorize the principal-agent among institutions at all levels. The principal-agent agreement shall adopt standard text. When signing the agency agreement, the branches of the Postal Savings Bank and the management agencies at all levels of the postal enterprises must obtain the authorization of the higher authorities respectively, and the two parties shall make a written agreement on the following matters:

(a) the name of the institution;

(2) The scope of agency financial business;

(3) the term of agency;

(4) service standards;

(5) Fees and payment methods;

(six) the way and method of fund allocation;

(seven) business operation procedures;

(8) Management of ATMs;

(9) Computer system management;

(10) assessment management;

(eleven) supervision and inspection;

(12) Definition and treatment of loss;

(thirteen) accountability for violations;

(fourteen) the change of the contract;

(15) Termination of the agency relationship;

(sixteen) other matters that need to be agreed. Matters not covered can be agreed by supplementary agreement.

Article 39 Postal savings banks shall supervise the business operations of agencies and their staff, and it is strictly forbidden for agencies to damage the legitimate rights and interests of depositors and other customers in the course of business operations.

Fortieth postal savings bank agency business institutions should follow the postal savings bank's business processes and related systems, unify service standards and organizational identification, and accept the business guidance, supervision and inspection of the postal savings bank.

Article 41 The Postal Savings Bank shall establish an effective agency business management system, operation flow, business accounting system and information management system to ensure the stable operation of the agency business of the Postal Savings Bank and take effective measures to effectively prevent risks.

Forty-second Postal Savings Bank shall strengthen the accounting management of agency business institutions to ensure the consolidated accounting and consolidated management of all related businesses of agency business institutions; Establish a sound business agency cost accounting management mechanism, and pay agency fees reasonably according to the principle of commercial sustainability.

Article 43 The Postal Savings Bank shall, according to the needs of development, establish an incentive and restraint mechanism for the agency business of the Postal Savings Bank, so as to urge the agency business of the Postal Savings Bank to provide better financial services.

Article 44 Postal savings banks shall establish a qualification certification system for managers and employees of agency business institutions, and carry out certificates. Postal savings bank shall formulate a unified training system and annual training plan, and organize their implementation at different levels; Should be based on business needs, timely follow-up education and training for personnel of this institution.

Article 45 Postal savings banks and their staff members shall not commit the following acts: (1) fabricating false data, information or materials to their own institutions; (2) Paying agency fees beyond the agreement; (3) Failing to record the relevant income or withholding income of the agency business organization in time; (four) using the agency to carry out other illegal activities.

Chapter V Risk Management and Control

Article 46 Postal savings banks shall establish a risk assessment system for agency business institutions, identify, measure, monitor and control all kinds of risks of agency business institutions, and strengthen the management of agency behavior.

Article 47 Postal savings banks shall carry out classified management of agency business institutions, and carry out internal differentiated authorization according to the classification of agency business institutions. Postal savings bank shall continuously analyze, monitor and evaluate the operation of the agency, and adjust the classification of the agency in a timely manner according to the evaluation results.

Forty-eighth postal savings banks should establish a system of daily consultation and information communication with postal enterprises, improve the internal control of agency business institutions, and guard against management loopholes.

Forty-ninth Postal Savings Bank shall strengthen the daily monitoring and management of agency business institutions, formulate emergency plans for abnormal transactions and emergencies, and handle and report them in time. Postal savings bank agency business institutions shall strictly implement the relevant provisions of the report on major issues, and report to the local banking supervision and management institutions, the competent postal enterprises and the Postal Savings Bank as required.

Fiftieth Postal Savings Bank shall establish an inspection system for agency business institutions, strengthen business inspection, and ensure a certain frequency and coverage of on-site inspection every year; Some key institutions and businesses should be inspected.

Article 51 The Postal Savings Bank shall establish a reserve system for agency business losses. In case of risk loss, the Postal Savings Bank and postal enterprises should take timely measures to reduce losses, and carry out accountability in strict accordance with the relevant provisions of the regulatory authorities.

Article 52 The Postal Savings Bank shall specify the assessment management and inspection and punishment rights of the agency business institutions in the agency agreement. Postal savings banks can take the following measures according to the violations of agency business institutions:

(a) to cancel the qualification certificate of illegal employees;

(two) to put forward suggestions to the postal enterprises on the handling of those responsible for illegal acts;

(three) put forward rectification requirements to the postal enterprises.

Article 53 If a postal enterprise fails to perform the principal-agent agreement or correct the illegal behavior, the Postal Savings Bank may apply to the banking regulatory institution to terminate the agency business.

Chapter VI Supervision and Administration

Article 54 The banking supervision institution may, according to the needs of performing its duties, require the business institution of the Postal Savings Bank to submit relevant statements and materials in accordance with regulations.

Article 55 The banking supervision institution shall conduct on-site inspection on the following matters of the agency business of the Postal Savings Bank according to law:

(1) Whether the examination and approval procedures for the establishment, alteration and termination of the institution are complete;

(two) whether the business behavior is legal and compliant;

(3) Whether the business operation and accounting are standardized;

(4) Whether the internal control system is perfect;

(5) Whether the external announcement is timely and true;

(six) whether the computer configuration and information system are in good condition;

(7) Whether the reports, statements and materials submitted to the banking supervision institution are timely, true and complete;

(8) Other matters that the banking regulatory institution deems necessary to check.

Article 56 The business institution of the Postal Savings Bank shall cooperate with the on-site inspection of the banking supervision institution, and its competent postal enterprise shall cooperate with the relevant investigation work of the banking supervision institution, and shall not refuse or hinder the banking supervision institution from carrying out inspection and investigation according to law.

Article 57 In the process of on-site inspection, the inspectors of the banking supervision institution shall strictly abide by the relevant laws and administrative regulations of the State and the relevant provisions of the on-site inspection of the CBRC, and shall not disclose the business information of the agency business of the Postal Savings Bank learned during the on-site inspection.

Article 58 Postal business organizations and postal enterprises of the Postal Savings Bank may report or complain to the CBRC if they think that the inspectors of the banking supervision institution violate laws, administrative regulations and the relevant provisions of the CBRC. Postal savings bank institutions or postal enterprises have the right to bring administrative reconsideration or administrative proceedings against administrative measures taken by banking supervision institutions.

Fifty-ninth banking supervision institutions may employ social intermediary institutions such as accounting firms to assist in the inspection of the agency business of Postal Savings Bank. Employment shall be in writing. The banking regulatory institution shall inform the inspected postal savings bank and its competent postal enterprises and postal savings bank of the employment matters.

Article 60 If a business institution of the Postal Savings Bank violates the relevant provisions of these Measures, the banking regulatory institution may take regulatory measures such as risk warning, meeting the relevant person in charge, regulatory inquiry, and ordering to suspend part of its business in accordance with relevant procedures, so as to urge it to make timely rectification and prevent risks.

Article 61 If the business organization of Postal Savings Bank and its staff violate laws and regulations in business operation and management, the banking supervision and management institution shall punish them according to law, and may suspend part of business, stop developing new business or revoke the financial license according to the seriousness of the case, and hold the relevant personnel accountable; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 62 Postal savings outlets that have obtained financial licenses before the promulgation of these Measures and have not yet been transformed into branches of Postal Savings Bank shall, in accordance with the requirements of these Measures, apply by institutions above the second-tier branch of Postal Savings Bank, and be changed into agency business institutions and renew their financial licenses after being accepted by the local banking supervision branch or the local banking regulatory bureau.

Article 63 If the agency business of the Postal Savings Bank needs to be transformed into a branch of the Postal Savings Bank, it shall apply in accordance with the Measures for the Implementation of Administrative Licensing Matters of Chinese-funded Commercial Banks issued by the CBRC.

Sixty-fourth postal remittance outlets that have not obtained financial licenses shall be formulated by the Postal Savings Bank and entrusted to the postal enterprises for operation and management.

Article 65 The words "above" and "below" in these Measures include the number or the corresponding level.

Article 66 Postal savings banks shall formulate specific implementation measures according to these measures.

Article 67 The CBRC shall be responsible for the interpretation of these Measures.

Article 68 These Measures shall come into force as of the date of promulgation, and the Interim Measures for the Business Management of Postal Savings Institutions (Yinfa [2004] No.32) and the Guiding Opinions on the Management of Postal Savings Branches (Yinfa [2004] No.342) shall be abolished at the same time.