Laws of the People's Republic of China

Announcement of the People's Bank of China and China Banking Regulatory Commission

[2007] No.5

The People's Bank of China and China Banking Regulatory Commission have cleared some existing rules, regulations and regulatory documents on financial affairs as issued by the People's Bank of China according to the Law of the People's Republic of China on the People's Bank of China, the Banking Supervision Law of the People's Republic of China and the Law of the People's Republic of China on Commercial Banks. We hereby publicize the clearing result of the second batch of rules, regulations and regulatory documents, totally 74 pieces, as follows:

1.

With regard to the 60 rules, regulations and regulatory documents as issued by the People's Bank of China (Appendix 1), including the Circular of the People's Bank of China Concerning the Further Regulation of the Business Operation of Non-banking Financial Institutions, the People's Bank of China and China Banking Regulatory Commission shall take charge of supervising, implementing and interpreting the related matters involved in these rules, regulations and regulatory documents according to their respective statutory duties and responsibilities, and any modification or abolishment shall be made jointly by the People's Bank of China and China Banking Regulatory Commission.

2.

With regard to the 14 rules, regulations and regulatory documents as issued by the People's Bank of China (Appendix 2) including the Measures for Administering Trust and Investment Companies, China Banking Regulatory Commission shall take charge of implementing, interpreting and amending them.

Appendix: 1. The rules, regulations and regulatory documents supervised and implemented jointly by the People's Bank of China and China Banking Regulatory Commission

Appendix 2. The rules, regulations and regulatory documents supervised and implemented by China Banking Regulatory Commission

People's Bank of China

China Banking Regulatory Commission

January 16, 2007 Appendix 1 The rules, regulations and regulatory documents supervised and implemented jointly by the People's Bank of China and China Banking Regulatory Commission (Altogether 60)

1.

Circular of the People's Bank of China Concerning the Further Regulation of the Business Operation of Non-banking Financial Institutions (Yin Fa [2001] No.356)

2.

Circular of the People's Bank of China concerning Issues Concerning the Administration of Market Access of Chinese-funded Commercial Banks (No.105 [2002] of the People's Bank of China)

3.

Circular concerning the Printing and Distribution of the Provisions on Administering Urban Cooperative Banks (Yin Fa [1997] No.264)

4.

Measures for Administering Overseas Financial Institutions (Order No.1, 1990 of the People's Bank of China)

5.

Circular of the People's Bank of China on Matters Concerning Practically Doing Well in Renaming County (Urban) Credit Cooperative as Rural Credit Cooperative (Yin Fa [2001] No.105)

6.

Guiding Opinions of the People's Bank of China concerning Inter-bank Borrowing between Rural Credit Cooperatives (Yin Fa [2002] No.107)

7.

Circular of the General Office of the People's Bank of China Concerning Matters on Initiating Foreign Exchange Business by Rural Credit Cooperatives (Yin Fa [2002] No.240)

8.

Letter concerning Matters Concerning the Take-over of Financial Assets (Yin Ban Han [2000] No.65)

9.

Circular Concerning Matters on Stripping Bad Loans (Yin Ban Fa [2000] No.89)

10.

Circular Concerning the Printing and Distribution of the Interim Measures for Avoiding and Disposing the Payment Risks of Financial Institutions (Yin Fa [1998] No.49)

11.

Some Provisions on Implementing the Regulation concerning the Administration of Savings (Yin Fa [1993] No. 7)

12.

Circular concerning Reinforcing the Administration of Personal Business of Depositing and Withdrawing Savings in Financial Institutions (Yin Fa [1997] No.363)

13.

Circular Concerning the Printing and Distribution of the Measures for Administering Renminbi Corporate Deposit (Yin Fa [1997] No.485)

14.

Circular Concerning the Printing and Distribution of the Measures for Administering of Deposits at Notice (Yin Fa [1999] No.3)

15.

Circular Concerning the Printing and Distribution of the Measures for Administering Educational Deposits (Yin Fa [2000] No.102)

16.

Circular concerning the Opinions on the Disposal of the Related Matters Concerned after the Implementation of the Provisions on the Real-Name Personal Savings Account System (Yin Fa [2000] No.126)

17.

Circular on Severely Forbidding Soliciting Depositors with High Interest Rates and Attracting Deposits by Unfair Means (Yin Fa [2000] No.253)

18.

Supplementary Circular of the People's Bank of China Concerning the Opinions on the Disposal of the Related Matters Concerned in the Implementation of the Provisions on the Real-Name Personal Savings Account System (Yin Fa [2001] No.102)

19.

Circular of the People's Bank of China Concerning Matters on the Day Deposit and Withdrawal of Individual Deposits (Yin Fa [2001] No.340)

20.

Circular of the People's Bank of China Concerning the Initiation of the Negotiated Deposits of National Social Security Funds by Commercial Banks (Yin Fa [2002] No.40)

21.

Circular Concerning the Inquiry, Freeze, Deduction and Transfer of the Deposits of Enterprises, Public Institutions, Organs and Consortium Banks (Yin Fa [1993] No.356)

22.

Circular Concerning the Inquiry, Freeze, Deduction and Transfer of the Deposits of Army Units and the Related Enterprises, Public Institutions, Organs and Consortium Banks by the Security Departments of the Army (Yin Fa [1996] No.76)

23.

Circular on Checking and Ceasing the Payment of the Deposits of Withholding Taxpayers and Withholding Agents in Financial Institutions (Yin Fa [1998] No.312)

24.

Circular Concerning the Printing and Distribution of the Measures for Disposing of Small-sum Secured Loans on Individual Fixed Savings Deposit Certificates (Yin Fa [1994] No.316)

25.

Circular of the People's Bank of China Concerning the Printing and Distribution of the Interim Provisions on Protecting Safe Computer Rooms and Counter Equipments of Banks (Yin Fa [2002] No.42)

26.

Circular on Issuing the Interim Measures for Disposing of Syndicated Loans (Yin Fa [1997] No.415)

27.

Circular of the People's Bank of China, the Ministry of Foreign Trade and Economic Cooperation, and the State Administration of Taxation on Conducting the Trust Loan Business for Export Tax Refund Accounts (Yin Fa [2001] No.276)

28.

Circular of the People's Bank of China Concerning Matters on Administering Fixed Assets Loans (Yin Fa [2001] No.331)

29.

Circular of the People's Bank of China Concerning the Printing and Distribution of the Guiding Opinions on Administering Small-sum Credit Loans for Rural Households of Rural Credit Cooperatives ( Yin Fa [2001] No.397)

30.

Circular of the People's Bank of China on Reinforcing the Administration of the Credit Operations of Public Accumulation Fund for Housing Construction (Yin Fa [2002] No.247)

31.

Circular Concerning the Printing and Distribution of the Measures for Handling the Hypothecated Loans on Proof National Debts (Yin Fa [1999] No.231)

32.

Circular of the People's Bank of China on Regulating the Administration of Co-branded Cards (Yin Fa [2002] No.6)

33.

Scope of Foreign Exchange Business of Non-banking Financial Institutions (Hui Guan Han Zi [1997] No. 258)

34.

Provisions on Administering Foreign Exchange Business of Banks (Approved by the People's Bank of China on September 8, 1997 and promulgated by the State Administration of Foreign Exchange on September 27, 1997)

35.

Circular on Forwarding the Circular of the Ministry of Finance and the State Archives Bureau Concerning the Printing and Distribution of the Measures for Accounting Archives Management (Yin Ban Fa [1998] No.135)

36.

Circular Concerning the Printing and Distribution of the Guidelines on the Foreign Exchange Transferred Loans Business of Policy Banks and Commercial Banks (Yin Fa [2000] No.351)

37.

Circular of the People's Bank of China Concerning the Printing and Distribution of the Guiding Opinions on the Basic Norms for Bank Accounting (Yin Fa [2002] No.370)

38.

Circular on Reinforcing Credit Management of Agricultural and Forestry Development Projects and Strictly Prohibiting Illegally Raising Funds in the Name of Land Development and Land Transfer (Yin Fa [1999] No.254)

39.

Circular of the People's Bank of China on Putting Down Underground Banks and Cracking Down on Usury Behaviors (Yin Fa [2002] No.30)

40.

Circular of the People's Bank of China on Further Doing well in Granting Small-sum Credit Loans to Farmer Households and Improving Supporting Services for Agriculture (Yin Fa [2002] No.113)

41.

Circular on Further Intensifying Bank Settlement Management ( Yin Fa [1997] No.143)

42.

Circular Concerning the Printing and Distribution of the Interim Measures for Administering the Acceptance, Discount and Rediscount of Commercial Drafts (Yin Fa [1997] No.216)

43.

Circular Concerning the Printing and Distribution of the Measures for the Settlement of Domestic Letters of Credit and the Procedures for the Accounting of Letters of Credit ( Yin Fa [1997] No.265)

44.

Circular on Reinforcing the Management of Commercial Drafts and Promoting the Development of Commercial Drafts (Yin Fa [1998] No.229)

45.

Circular of the People's Bank of China Concerning Maters on the Handling of Bank Draft and Bank Acceptance Business (Yin Fa [2002] No.364)

46.

Circular on Issuing the Measures for Postal Exchange Fund Settlement (Yin Fa [1993] No.20)

47.

Circular of the People's Bank of China on Improving and Reinforcing the Administration of Postal Exchange Fund Settlement (Yin Fa [2002] No.25)

48.

Measures for Administering RMB Bank Settlement Accounts (Order No.5, 2003 of the People's Bank of China)

49.

Circular of the People's Bank of China Concerning Matters on Handling the Inquiry and Reply Business of Trans-bank Acceptance by Commercial Banks (Yin Fa [2002] No.63)

50.

Circular of the People's Bank of China Concerning Matters on Paying Bonds and Reloan Interest of Financial Assets Management Companies (Yin Fa [2002] No.97)

51.

Reply on the Related Matters Concerning the Fund Settlement of Stripping Non-performing Loans (Yin Ban Han [2000] No.585of the General Office of the People's Bank of China)

52.

Circular of the People's Bank of China, the Ministry of Finance, the Office of the Leading Group for Poverty Alleviation and Development under the State Council and the Agricultural Bank of China Concerning the Printing and Distribution of the Implementation Measures for Administering Interest Discount Loans for Poverty Alleviation (Yin Fa [2001] No.185)

53.

Circular of the People's Bank of China on Establishing Direct Business Contact between Foreign-funded Banks and the Commercial Banks of Taiwan (Yin Fa [2002] No.361)

54.

Circular of the People's Bank of China on Regulating the Competition in the Banking Market (Yin Fa [2002] No.354)

55.

Circular Concerning the Printing and Distribution of the Provisions on Administering Hypothecated Loans on Time Deposit Certificates of Entities (Yin Fa [1999] No.302)

56.

Circular Concerning the Printing and Distribution of the Measures for Administering Valuable Documents and Important Blank Vouchers (Yin Fa [1997] No.163)

57.

Circular of the General Office of the People's Bank of China on the Relevant Issues Concerning the Reform of Bank Accounting System (Yin Ban Fa [2001] No.186)

58.

Provisions on Administering the Foreign Exchange Business of Non-banking Financial Institutions (Approved by the People's Bank of China on December 18, 1992 and promulgated by the State Administration of Foreign Exchange on January 1, 1993)

59.

Circular Concerning the Printing and Distribution of the Measures for Administering Loans for the Increase of Registered Capital of the Chinese Parties of Sino-foreign Equity Joint Ventures and Sino-foreign Cooperative Joint Ventures (Yin Fa [2000] No.68)

60.

Circular on Forwarding the Measures of the Ministry of Public Security for the Administration of Computer Virus Prevention and Control (Yin Ban Fa [2000] No.156)

Appendix 2 The rules, regulations and regulatory documents supervised and implemented by China Banking Regulatory Commission

1.

Circular of the General Office of the People's Bank of China Concerning the Related Matters on Reinforcing the Supervision over Non-banking Financial Institutions (Yin Ban Fa [2002] No.162)

2.

Measures for Administering Trust and Investment Companies (Order No.5, 2002 of the People's Bank of China)

3.

Circular of the People's Bank of China Concerning the Related Matters on the Trust and Investment Companies' Operation of Capital Trust (Yin Fa [2002] No.314 )

4.

Provisions Concerning the Entrusted Loans Business of Financial Trust and Investment Companies (Yin Fa [1993] No.49)

5.

Circular of the People's Bank of China Concerning the Related Matters on Strengthening the Supervision over Rural Credit Cooperatives (Yin Fa [2001] No.396)

6.

Circular Concerning the Printing and Distribution of the Opinions on Reinforcing the Prevention, Investigation and Punishment of Cases of Rural Credit Cooperatives (Yin Fa [1998] No.139)

7.

Circular Concerning the Printing and Distribution of the Guiding Opinions on Reinforcing the Electronic Construction and Management of Rural Credit Cooperatives (Yin Ban Fa [2000] No.291)

8.

Circular Concerning the Printing and Distribution of the Opinions on Reinforcing and Regulating the Administration of Agency Business of Rural Credit Cooperatives (Yin Fa [1999] No.335)

9.

Circular of the People's Bank of China on Issuing the Provisions on Administering Financial Institutions' Assistance in the Inquiry, Freeze or Deduction of Deposits (Yin Fa [2002] No.1)

10.

Circular of the General Office of the People's Bank of China Concerning the Related Matters on the Settlement and Restructuring Work of Trust and Investment Companies (Yin Ban Fa [2003] No.24)

11.

Circular Concerning the Issuance of the Measures for the Administration of Assisting the Investigation of Cases of Financial Swindling (Yin Fa [1997] No.195)

12.

Circular Concerning the Printing and Distribution of the Interim Provisions on Safety Protection of the Business Places and Vaults of Financial Institutions (Yin Fa [1998] No.588)

13.

Circular Concerning the Earnest Implementation of the Circular of the State Council on Strengthening the Administration of Financial Claims in the Restructuring Process of Small and Medium-sized State-owned Enterprises and Collective Enterprises (Yin Fa [1998] No.578)

14.

Circular on the Related Matters Concerning the Initiation of Entrusted Loans Business by Commercial Banks (Yin Ban fa [2000] No.100)