Measures for the Administration of Handling Consumer Complaints in Banking and Insurance Industry

The main contents of the Administrative Measures for Handling Consumer Complaints in Banking and Insurance Industry are as follows:

Chapter II Organization and Management

Article 7 A banking and insurance institution shall ensure the smooth development of consumer complaint handling in terms of manpower, material resources and financial resources, designate senior managers or the person in charge of the institution to be responsible for the consumer complaint handling, establish or designate the consumer complaint handling management department and post of the institution, and rationally allocate personnel. Banking and insurance institutions shall unblock complaint channels, set up or designate complaint reception areas, equip with audio and video recording equipment, record and save the reception and handling process of consumer complaints, strengthen the construction of consumer complaint management information system, and standardize the handling process and management of consumer complaints.

Article 8 A banking insurance institution shall publish its own complaint channel information and consumer complaint handling procedures, such as complaint telephone number and mailing address, in a prominent position on the official website, mobile client, business premises or office premises. Open e-mail, official website platform and other Internet complaint channels, it should be announced that the unit accepts consumer complaints e-mail and website. In the product or service contract, the bank insurance institution shall provide the complaint telephone number or other complaint channel information.

Article 9 When handling consumer complaints, banking insurance institutions shall be responsible for territorial management and classification, fully consider and respect the reasonable demands of consumers, and make fair and legal conclusions. Find out the causes of complaints in time, improve the retrospective rectification mechanism, pay attention to the consumer experience and improve the service level.

Article 10 Banking insurance institutions shall strengthen the management of consumer complaints about cooperative business of third-party institutions. In case of consumer disputes arising from cooperative sales of products or provision of services, banks and insurance institutions shall require relevant third-party institutions to cooperate in handling consumer complaints, verify consumer complaints, provide relevant information in a timely manner, and promote the smooth settlement of consumer complaints. Bank insurance institutions shall incorporate the cooperation of third-party institutions in handling consumer complaints into the evaluation mechanism for the access and exit of cooperative third-party institutions.

Chapter III Handling of Consumer Complaints in Banking and Insurance Industry

Article 11 Bank insurance institutions are responsible for handling consumer complaints arising from purchasing their products or accepting their services.

Article 12 A bank insurance institution may require the complainant to lodge a consumer complaint through the complaint channel announced by it. If consumer complaints are made by interview, the bank insurance institution may require the complainant to make complaints at the designated reception place. If more than one complainant makes consumer complaints through interviews, representatives shall be elected, and the number of representatives shall not exceed five.

Article 13 A bank insurance institution may require the complainant to provide the following materials or information:

(a) the basic information of the complainant, including the name, identity information and contact information of the natural person or his legal representative; The name, domicile and unified social credit code of the legal person or other organization, the name, identity information and contact information of the legal representative or principal responsible person, and the name, identity information, contact information and power of attorney of the complaint agent of the legal person or other organization;

(2) The basic information of the respondent, including: the name of the bank insurance institution complained; Relevant information about the employees of the banking and insurance industries complained about and the names of their affiliated institutions;

(three) the complaint request, the main facts and relevant basis;

(4) If the complainant submits written materials, it shall be signed or sealed by the complainant. Banks and insurance institutions shall not require complainants to provide materials that they have mastered or can obtain by consulting internal information files.

Article 14 If it is really difficult for a complainant to lodge a consumer complaint, the bank insurance institution shall accept the complainant's entrustment to lodge a complaint. In addition to the materials or information specified in Article 13, the original power of attorney, the identity certificate of the trustee and the effective contact information that may require the complainant to sign or seal. Bank insurance institutions shall accept consumer complaints from consumers' heirs, and may require proof of inheritance relationship in addition to the materials or information specified in Article 13.

Fifteenth bank insurance institutions can accept the withdrawal of consumer complaints by complainants. If the complainant withdraws the consumer complaint, the consumer complaint handling procedure shall be terminated on the day when the bank insurance institution receives the withdrawal application.

Article 16 Consumer complaints shall be objective and true, and they shall be responsible for the authenticity of the materials provided. They shall not provide false information or fabricate or distort facts, and shall not falsely accuse or frame others. In the process of consumer complaints, complainants shall abide by laws, administrative regulations and relevant provisions of the state, and maintain social public order and the office order of consumer complaint handling units.

Article 17 A bank insurance institution shall establish an avoidance system for handling consumer complaints. After receiving a consumer complaint, it shall designate a person who has no direct interest in the complaint to verify the contents of the consumer complaint, communicate with the complainant in time, and actively negotiate to resolve the consumer dispute.

Article 18 A bank insurance institution shall make a fair and just decision in accordance with relevant laws, regulations and contracts. For consumer complaints with clear facts and simple disputes, a decision shall be made within 15 days from the date of receiving the consumer complaint, and the complainant shall be informed. If the situation is complicated, it may be extended to 30 days; If the situation is particularly complicated or there are other special reasons, it may be extended for another 30 days with the approval of its superior institution or the head office or the senior management of the head office, and the complainant shall be informed. In the process of handling consumer complaints, if external institutions are needed for identification, testing and evaluation, the relevant period may not be included in the period of handling consumer complaints, but the complainant shall be informed in time. If the complainant lodges the same consumer complaint again within the time limit for handling consumer complaints, the bank insurance institution may handle it together. If the complainant puts forward new facts and reasons, the processing period shall be recalculated from the date of receiving the new complaint materials. In the process of handling consumer complaints, it is found that consumer complaints are not made by the complainant or his legal agent or trustee, and the bank insurance institution may refuse to handle them and inform the complainant.

Article 19 When informing the complainant of the handling decision, the bank insurance institution shall explain the verification of the contents of the consumer complaint, the relevant basis and reasons for making the handling decision, and the remedies that the complainant can take, such as application for verification, mediation, arbitration and litigation.

Article 20 If a complainant disagrees with the results of handling consumer complaints by branches of banks and insurance institutions, he may, within 30 days from the date of receiving the handling decision, apply in writing to his superior institution for verification. The verification institution shall verify the handling process, duration and results of consumer complaints, make a verification decision within 30 days from the date of receiving the verification application and inform the complainant.

Article 21 A bank insurance institution shall, in accordance with the provisions of these Measures, inform the complainant of relevant matters and keep relevant certification materials, except those that the complainant cannot contact.

If the notice is given in writing, it shall be submitted in person or mailed within the notice period stipulated in these Measures.

If the notice is in the form of electronic information that can be saved, such as SMS or email, it shall be sent within the notice period specified in these Measures.

If it is notified by telephone, it shall call the complainant within the notice period stipulated in these Measures.

If the bank insurance institution and the complainant reach an agreement on the decision on handling consumer complaints, the notice period, the notice method and other matters, it shall be carried out in accordance with the contents determined through consultation.

Article 22 When handling consumer complaints, banking and insurance institutions shall verify the identity of the complainant, protect the information security of the complainant, and protect state secrets, business secrets and personal privacy from infringement according to law.

Twenty-third bank insurance institutions in the process of handling consumer complaints, according to the needs of the complainant to resolve consumer disputes through mediation. If the complainant agrees to mediation, the bank insurance institution and the complainant shall apply to the mediation organization. The mediation period is not counted in the time limit for handling consumer complaints.

Article 24 Banking and insurance institutions shall make full use of the local mediation mechanism for consumer disputes, and promote the settlement of consumer disputes by establishing mechanisms such as temporary authorization, authorization in different places, and rapid examination and approval.

Chapter IV Consumer Complaint Handling System in Banking and Insurance Industry

Twenty-fifth bank insurance institutions should improve the handling system of consumer complaints in their own units according to these measures, and clarify the requirements of handling procedures, division of responsibilities, handling time limit and so on.

Twenty-sixth bank insurance institutions should establish a statistical analysis of consumer complaints, retrospective rectification, information disclosure and accountability system, regularly analyze consumer complaints, and timely and effectively rectify problems; Disclosure of annual consumer complaints through annual reports and other means; For violations found in the handling of consumer complaints, the directly responsible personnel and management personnel should be held accountable in accordance with relevant regulations.

Article 27 Banking and insurance institutions should improve the evaluation system of consumer complaint handling, comprehensively apply positive incentives and negative constraints, incorporate consumer complaint handling into the comprehensive performance evaluation index system of institutions at all levels, and set reasonable evaluation weights in terms of salary distribution and job promotion of senior managers, heads of institutions and personnel of relevant departments at all levels.

Article 28 A bank insurance institution shall establish a system for accepting and registering consumer complaints and a file management system. Written materials or information files such as consumer complaint registration records and handling opinions shall be filed for future reference. Where there are provisions on the shelf life in laws and administrative regulations, such provisions shall prevail.

Twenty-ninth bank insurance institutions shall, in accordance with the relevant provisions of the state, formulate emergency plans for handling major consumer complaints and do a good job in the prevention, reporting and emergency handling of major consumer complaints.

Major consumer complaints include the following situations:

(1) Consumer complaints caused by major natural disasters, safety accidents and public health incidents;

(two) more than 20 complainants put forward group complaints with consumer complaints through interviews;

(3) Other major consumer complaints identified by the China Banking Regulatory Commission and its dispatched offices (hereinafter referred to as the "banking insurance regulatory agency").

Chapter V Supervision and Administration

Thirtieth bank insurance supervision and management institutions shall designate supervision and management departments to handle consumer complaints of bank insurance institutions.

Thirty-first banking insurance supervision and management institutions should set up consumer complaint referral service channels to facilitate complainants to reflect consumer disputes to banking insurance institutions.

Article 32 If a complainant reports a consumer dispute to a bank insurance institution and puts forward other matters that should be handled by the bank insurance supervision and administration institution, it shall be handled in accordance with relevant regulations.

Article 33 The supervision and administration department for handling consumer complaints of the banking insurance supervision and administration institution shall, within 7 working days from the date of accepting consumer complaints within its jurisdiction, transfer the consumer complaints to the insurance institution of the complained bank and inform the complainant, unless the complainant cannot contact.

Article 34 Banking insurance supervision and management institutions shall supervise and inspect the handling of consumer complaints by banking insurance institutions.

Article 35 A bank insurance institution shall, in accordance with the requirements of the banking insurance supervision and management institution, report the relevant system for handling consumer complaints, the list of personnel responsible for the management of consumer complaints and the changes in the above matters.

Article 36 A bank insurance institution shall, in accordance with the requirements of the banking insurance supervision and management institution, report its own consumer complaint data and handling work, and be responsible for the authenticity, completeness and accuracy of the submitted data, documents and materials.

Article 37 Banking insurance supervision and management institutions shall regularly report and disclose the consumer complaints handed over to banking insurance institutions, and urge banking insurance institutions to do a good job in protecting consumers' rights and interests.

Article 38 The banking insurance supervision and administration institution shall incorporate the handling of consumer complaints by banking insurance institutions into the annual supervision and assessment of consumer rights protection.

Thirty-ninth banking and insurance supervision and management institutions should strengthen the guidance on the construction of consumer dispute mediation organizations in banking and insurance industries, promote the establishment of industry mediation rules and standards, and promote the healthy, standardized and orderly development of various work of industry mediation organizations.

Fortieth bank insurance institutions in handling consumer complaints in any of the following circumstances, the bank insurance supervision and management institutions can put forward rectification requirements, and supervise its rectification within a time limit:

(a) failing to publish the relevant information on handling consumer complaints in accordance with the provisions of Article 8 of these Measures;

(two) failing to handle consumer complaints and inform them in accordance with the procedures prescribed in these Measures;

(three) refusing to cooperate with the mediation work or perform the mediation agreement without justifiable reasons.

Forty-first bank insurance institutions in violation of the provisions of these measures, one of the following circumstances, the bank insurance supervision and administration institution shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the banking insurance supervision and management institution may conduct supervision and management talks, and take measures such as suspending relevant business, ordering adjustment of senior management personnel, stopping approving the establishment of branches, administrative punishment, etc. for banking financial institutions according to the Banking Supervision and Management Law of the People's Republic of China, and taking measures such as fines, limiting their business scope and ordering to stop accepting new business according to the Insurance Law of People's Republic of China (PRC).

(1) Failing to establish and implement relevant systems for handling consumer complaints in accordance with the provisions of these Measures;

(two) failing to report the handling of consumer complaints in accordance with the provisions of these measures;

(three) in violation of the provisions of article fortieth of these measures, not according to the requirements of rectification;

(four) other violations of the provisions of these measures, causing serious consequences.