Laws of the People's Republic of China

China Banking Regulatory Commission, National Development and Reform Commission

Order of China Banking Regulatory Commission and National Development and Reform Commission

No.3

According to laws and regulations of the "Commercial Bank Law of the People's Republic of China" and the "Price Law of the People's Republic of China", Interim Measures for the Management of the Service Prices of Commercial Banks formulated by China Banking Regulatory Commission and National Development and Reform Commission are hereby promulgated and shall come into force as of the day of October 1, 2003.

President of China Banking Regulatory Commission, Liu Mingkang

Director of National Development and Reform Commission, Ma Kai

June 26, 2003

Interim Measures for the Management of the Service Prices of Commercial Banks

Article 1

In order to standardize commercial banks' behaviors in service pricing, safeguard consumers' legal rights and interests, and to promote the healthy development of commercial banks, the Measures are formulated according to the "Commercial Bank Law of the People's Republic of China" and the "Price Law of the People's Republic of China".

Article 2

The Measures apply to all service pricing behaviors of commercial banks occurred in the territory of the People's Republic of China.

Article 3

The commercial banks herein refer to bank institutions set up in accordance with the "Commercial Bank Law of the People's Republic of China " and the "Regulation on the Management of Foreign-Invested Financial Institutions of the People's Republic of China".

Article 4

The commercial banking services herein refer to various toll banking services in home currency and foreign currencies that are provided to customers by commercial banks.

Article 5

When formulating service prices and providing banking services, commercial banks shall comply with the provisions of relevant state price laws, rules and regulations of the State, observe reasonable and open principles and principles of good faith and consistence of price and quality, focus on their customers, increase service varieties and improve service quality, thus enhancing their service levels and forbidding use of service prices for unfair competition.

Article 6

According to the nature and characteristics of services and the competition situation in the market, commercial bank services should adopt prices instructed by the government and adjusted by the market respectively.

Article 7

The following commercial bank services adopt prices instructed by the government:

(1)

Basic settlement businesses in RMB, including bank drafts, bank acceptances, promissory notes, checks, currency exchanges, authorized collection and acceptance and payment by collection.

(2)

Commercial bank service items determined by China Banking Regulatory Commission and State Development and Reforming Commission based on the extent of the influence of individuals and enterprises and institutions and the competition situation of the market.

Other services provided by commercial banks, exclusive of the above-mentioned items, should adopt prices adjusted by the market.

Article 8

The service prices under instruction of the government shall be formulated in the principle of cost maintenance with slight profits and the specific service items, their benchmark prices and floating range shall be formulated and adjusted by the State Development and Reforms Commission jointly with China Banking Regulatory Commission.

Article 9

The service prices under market adjustment shall be formulated and adjusted by the head offices of commercial banks and branches of foreign banks (or master reporting banks, if any), and any other branches and sub-branches of commercial banks should not formulate or adjust the prices concerned at their own discretion. When formulating the prices, the commercial banks shall take full consideration of the affordability of individuals and enterprises and institutions.

Article 10

In handling with collection and payment services, the commercial banks shall abide by the principles of "whoever authorizes pays the charges," and shall not charge with other unit or individual than the authorizer.

Article 11

The commercial banks shall not charge against opening of savings account in Renminbi, revocation of such account, deposits of savings in Renminbi occurred within the same bank corporation of the same city and withdrawal below big sum, except for withdrawal of big sum and saving services of change arrangement.

The definitions of "changes' and "big sum" and the formulation and adjustment of the relevant service prices are in the charge of China Banking Regulatory Commission.

Article 12

The commercial banks shall formulate the uniform pricing management system concerning the service items under market adjustment, thus clarifying the pricing scope, principles, methods and the management responsibilities of the head offices and their branches.

Article 13

The commercial banks shall publish their service items, service content and service pricing standards at their business points according to the relevant provisions on clear-cut marking of prices by commodities and services.

Article 14

The commercial banks shall report to China Banking Regulatory Commission at least 15 working days before implementation of the service prices formulated by them according to the Measures and shall make announcement at the relevant business points at least ten days before execution.

While reporting the above-mentioned items to China Banking Regulatory Commission as specified, the commercial banks shall make copy to China Banking Association.

Article 15

The service items adopting market adjustment prices and the services prices of the commercial banks shall be properly published by China Banking Association under social supervision.

Article 16

In case of any of the following acts on the part of the commercial banks; the government competent pricing authority shall impose corresponding punishment according to the Pricing Law of the PRC and the Regulation on Administrative Punishment Against Offenses in Pricing:

(1)

Formulating the service prices at discretion within the pricing scope under direction of the government;

(2)

Exceeding the floating range of the pricing under direction of the government;

(3)

Not marking the prices according to the provisions; and

(4)

Other acts in violation of laws and regulations in breach of the provisions of the Measures.

Article 17

In case the commercial banks have violated the provisions of Articles 9, 12 and 14 of the Measures, China Banking Regulatory Commission shall handle with the case according to the provisions of the relevant laws, administrative laws and regulations and stipulations.

Article 18

In case policy banks, urban credit cooperatives, rural credit cooperatives, post saving institutions, joint venture financial companies and wholly foreign-owned companies provide the services specified by Article 4 of the Measures, the service prices shall be executed in compliance with the provision of the Measures.

Article 19

The Measures shall come into force as of October 1, 2003.

Article 20

The previous provisions on the service prices or charge of commercial banks in conflicts with the Measures shall be repealed.