Opinions of the People's Bank of China, the Ministry of Supervision, the Ministry of Finance etc. on Regulating the administration over Commercial Prepaid Cards

监察部、财政部、中国人民银行、商务部、国家税务总局、国家工商行政管理总局、国家预防腐败局关于规范商业预付卡管理的意见

Promulgating Institution: Ministry of Supervision; Ministry of Finance; The People's Bank of China; Ministry of Commerce; State Administration of Taxation; State Administration of Industry and Commerce; The National Bureau of Corruption Prevention

Document Number: Notice of the General Office of State Council [2011] No. 25

Promulgating Date: 05/23/2011

Effective Date: 05/23/2011

颁布机关: 监察部; 财政部; 中国人民银行; 商务部; 国家税务总局; 国家工商行政管理总局; 国家预防腐败局

文      号: 国办发[2011]25号

颁布时间: 05/23/2011

实施时间: 05/23/2011

The commercial prepaid card market has undergone rapid development in recent years due to adaption to the objective needs for the development of information technology as well as that of the innovations in the micropayment service market. It is typically characterized by prepayment and issuance by non-financial agents. On the basis of card issuers, commercial prepaid cards may be divided into two categories: 1. multipurpose prepaid cards, which are issued by specialized card issuing institutions and can be used in one or more regions, industries and corporate bodies; 2. single-purpose prepaid cards, which are issued by commercial enterprises and may be used only for the purchase of goods or services from the enterprises or the franchise enterprises of the same brand. Generally speaking, commercial prepaid cards have played a certain role in reducing the use of cash, facilitating public payment and stimulating consumption as well as some other aspects. However, with the predominance of loose regulation, violations against financial disciplines, lack of risk prevention mechanisms, consumption at public expenses, bribery in the form of prepaid cards and other problems in the commercial prepaid card market, the order for taxation and financial management is severely disturbed and corruptive activities are indulged. In order to regulate the administration over commercial prepaid cards, strictly enforce the financial and economic disciplines, prevent financial risks and boost the fight against corruption and the building of an honest and clean government, the opinions are hereby put forward as follows:

    近年来,适应信息技术发展和小额支付服务市场创新的客观需要,商业预付卡市场发展迅速。商业预付卡以预付和非金融主体发行为典型特征,按发卡人不同可划分为两类:一类是专营发卡机构发行,可跨地区、跨行业、跨法人使用的多用途预付卡;另一类是商业企业发行,只在本企业或同一品牌连锁商业企业购买商品、服务的单用途预付卡。总体看,商业预付卡在减少现钞使用、便利公众支付、刺激消费等方面发挥了一定作用。同时,商业预付卡市场也存在监管不严、违反财务纪律、缺乏风险防范机制、公款消费和收卡受贿等突出问题,严重扰乱了税收和财务管理秩序,助长了腐败行为。为规范商业预付卡管理、严肃财经纪律、防范金融风险、促进反腐倡廉,现提出如下意见:

I. Clarifying the responsibilities and duties and intensifying the administration

To regulate the administration over the commercial prepaid cards, the primary step is to intensify the administration over issuers of commercial prepaid cards. It shall be necessary to further clarify the responsibilities and duties of relevant departments and carry out classified regulation. The People’s Bank shall, in strict accordance with the “Administrative Measures on Payment Service Provided by Non-financial Institutions” (Order No. 2 [2010] of the People’s Bank of China), intensify the supervision and examination of issuers of multipurpose prepaid cards, improve the administrative regulations on commercial business and safeguard the safe and steady operation of the payment system. Without approval of the People’s Bank, any non-financial institutions may not issue multipurpose prepaid cards; violators will be investigated and punished for illegally conducting payment and settlement businesses. With respect to single-purpose prepaid cards issued by commercial enterprises, the administrative department of commerce shall intensify the administration thereon, expedite the formulation of industrial standards and promulgate administrative measures in a timely manner. Without approval, any financial institutions may not issue prepaid cards.

       一、明确职责,加强管理强化对商业预付卡发卡人的管理,是规范商业预付卡管理的首要环节,必须进一步明确部门职责,落实分类监管。人民银行要严格按照《非金融机构支付服务管理办法》(中国人民银行令〔2010〕第2号)的规定,加强对多用途预付卡发卡人的监督检查,完善业务管理规章,维护支付体系安全稳定运行。未经人民银行批准,任何非金融机构不得发行多用途预付卡,一经发现,按非法从事支付结算业务予以查处。对商业企业发行的单用途预付卡,商务部门要强化管理,抓紧制定行业标准,适时出台管理办法。金融机构未经批准,不得发行预付卡。

II. Improving the systems and regulating the acts

The regulation over the issuance and purchase of commercial prepaid cards shall be an effective way to prevent against money laundering, cash-out, tax evasion and bribery in the form of commercial prepaid cards, and thus it shall be necessary to further establish and improve rules and regulations and intensify law enforcement efforts. The first is to establish the real names registration system for the purchase of commercial cards. If an entity or individual purchases any commercial prepaid cards by registering their identities, or purchases more than RMB 10,000 (inclusive) worth of commercial prepaid cards for one occasion without registering their identities, the card issuer shall register the real name of the purchaser. The second is to establish a non-cash system for the purchase of commercial prepaid cards. If an entity purchases more than RMB 5,000 (inclusive) worth of prepaid cards or an individual purchases more than RMB 50,000 (inclusive) worth of prepaid cards, such entity or individual shall make payment through transfer by bank account rather than by cash; in case of purchase of prepaid cards through transfer by bank account, the card issuer shall register the account names and account numbers of both the remitter’s account and the remittee’s account, the amount, etc. for each transaction. The third is to implement the system of issuing the commercial prepaid cards with limited amount. The face value of an commercial prepaid card without registration of the real name of purchaser shall be not more than RMB 1,000, whereas the face value of a commercial prepaid card registering the real name of purchaser shall be not more than RMB 5,000.

Strictly carrying out the administration over invoices and financial management. Card issuers shall produce invoices in strict accordance with the relevant provisions of the “Measures for Administration of Invoices of the People’s Republic of China”. Tax authorities shall intensify invoice management and tax check, so as to resolutely investigate and deal with such acts as issuance of false invoices by card issuers in sale of prepaid cards, pre-tax deduction by card purchasers of expenditure unrelated to production and business operation, etc. Financial authorities shall intensify financial management, so as to stringently investigate and deal with such acts as embezzling budgetary funds, consuming at public expenses by means of card purchase, etc.

       二、健全制度,规范行为规范商业预付卡的发行和购买,是防范利用商业预付卡洗钱、套现、偷逃税款以及行贿受贿的有效途径,必须进一步建立健全规章制度,加大执法力度。一是建立商业预付卡购卡实名登记制度。对于购买记名商业预付卡和一次性购买1万元(含)以上不记名商业预付卡的单位或个人,由发卡人进行实名登记。二是实施商业预付卡非现金购卡制度。单位一次性购卡金额达5000元(含)以上或个人一次性购卡金额达5万元(含)以上的,通过银行转账方式购买,不得使用现金;使用转账方式购卡的,发卡人要对转出、转入账户名称、账号、金额等进行逐笔登记。三是实行商业预付卡限额发行制度。不记名商业预付卡面值不超过1000元,记名商业预付卡面值不超过5000元。

    严格发票和财务管理。发卡人必须严格按照《中华人民共和国发票管理办法》有关规定开具发票。税务部门要加强发票管理和税收稽查,坚决依法查处发卡人在售卡环节出具虚假发票、购卡单位在税前扣除与生产经营无关支出等行为。财政部门要加强财务管理,严厉查处挪用预算资金、利用购卡进行公款消费等行为。

III. Resolutely breaking down the irregularities to prevent bribery and boosting the honesty and cleanness of the People's Government at all levels

To intensify the fight against corruption and the building of an honest and clean government, one of the pressing requirements and important stages is to break down irregularities, including taking bribes in the form of prepaid cards. It shall be necessary to further take vigorous measures to break down such irregularities and intensify the investigation and punishment efforts. According to the provisions of the “Several Rules on Incorruptible Practice by Party-member Leading Cadres of the Communist Party of China” and the “Notice of the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council on Prohibiting Party and Government Agencies and the Staff Thereof from Accepting and Presenting Cash Gifts and Negotiable Securities” (Zhong Ban Fa [1993] No. 5), state functionaries, especially leading cadres, are prohibited from accepting commercial prepaid cards of any form in the fulfillment of their official responsibilities duties. Whoever has accepted commercial prepaid cards but failed to turn them over in a timely manner as required would be punished for taking bribes in the form of cash of equivalent amount. Whoever is suspected of bribery would be strictly investigated and punished according to the provisions of law.

       三、坚决治理,防贿促廉治理收卡受贿等违纪违法行为,是加强反腐倡廉工作的迫切要求和重要环节,必须进一步狠抓落实,加大查处力度。按照《中国共产党党员领导干部廉洁从政若干准则》和《中共中央办公厅国务院办公厅关于严禁党政机关及其工作人员在公务活动中接受和赠送礼金、有价证券的通知》(中办发〔1993〕5号)的规定,严禁国家工作人员特别是领导干部在公务活动中收受任何形式的商业预付卡。凡收受商业预付卡又不按规定及时上交的,以收受同等数额的现金论处。对涉嫌受贿的,依法严肃查处。

IV. Prevent Risks and Safeguard Rights and Interests

To prevent against financial risks, one of the important instruments is to intensify the administration over prepaid fund and safeguard the legitimate rights and interests of card holders. It shall be necessary to pay enough attention thereon and further improve the work mechanism. The prepaid fund received by an issuer of multipurpose prepaid cards and to be used by a client for the purpose of future payment is not the issuer's own property, and may not be embezzled or seized by the issuer. An issuer of multipurpose prepaid cards shall establish a specialized payment reserve deposit account with a commercial bank to deposit prepaid fund, conclude a custody agreement therewith and accept the supervision from the bank over the utilization of payment reserve. The People's Bank shall intensify the regulation over the establishment and utilization of specialized payment reserve deposit accounts for multipurpose prepaid cards. The administrative department of commerce shall take effective measures to intensify the regulation over the prepaid fund as to single-purpose prepaid cards to prevent against fund risks.

The People's Bank and the Ministry of Commerce shall continue improving the rules on the administration over charging, complaint, confidentiality, redemption, settlement, etc., of commercial prepaid cards, so as to overall safeguard the legitimate rights and interests of card holders. In order to prevent the card issuers from possessing the residual value of cards without compensation and facilitate card holders, no term of validity shall be set for commercial prepaid cards with registration of the real name of purchaser, and the term of validity for commercial prepaid cards without registration of the real name of purchaser shall be not less than three (3) years. If there is any balance in expired cards, the card issuers shall provide activation, renewal and other relevant services. The administrative department of commerce shall further intensify the supervision and inspection, reinforce the efforts in consumption rights defense, severely break down the irregularities infringing upon consumers' rights and interests, release relevant consumption prompts in a timely manner and create a sound consumption environment.

As the administration over commercial prepaid cards involves a number of departments and the situation is complicated, the task of regulation and rectification is extremely difficult. All relevant departments shall fulfill their respective responsibilities and duties accordingly, and establish a mechanism for joint supervision and examination over commercial prepaid cards, under which they shall further intensify coordination and cooperation and proactively collaborate with each other to form a concerted effort. By the end of 2011, the People's Bank, the Ministry of Commerce and other relevant departments shall jointly carry out a special inspection and examination in the commercial prepaid cards market to boost the rectification work and accelerate the regularized development of the market.

People's Bank of China

Ministry of Supervision

Ministry of Finance

Ministry of Commerce

State Administration of Taxation

State Administration for Industry and Commerce

National Bureau of Corruption Prevention

May 23, 2011

       四、防范风险，维护权益加强预付资金管理，维护持卡人合法权益，是防范金融风险的重要手段，必须引起足够重视，进一步完善工作机制。多用途预付卡发卡人接受的、客户用于未来支付需要的预付资金，不属于发卡人的自有财产，发卡人不得挪用、挤占。多用途预付卡发卡人必须在商业银行开立备付金专用存款账户存放预付资金，并与银行签订存管协议，接受银行对备付金使用情况的监督。人民银行要加强对多用途预付卡备付金专用存款账户开立和使用的监管。商务部门要采取有效措施，加强对单用途预付卡预付资金的监管，防范资金风险。

    人民银行、商务部要继续健全商业预付卡收费、投诉、保密、赎回、清退等业务管理制度，全面维护持卡人合法权益。为防止发卡人无偿占有卡内残值，方便持卡人使用，记名商业预付卡不设有效期，不记名商业预付卡有效期不得少于3年。对于超过有效期尚有资金余额的，发卡人应提供激活、换卡等配套服务。工商部门要进一步加强监督检查，加大消费维权工作力度，严厉打击侵犯消费者权益的不法行为，及时开展相关消费提示，营造良好的消费环境。

    商业预付卡管理涉及部门众多，情况复杂，规范整顿的任务十分艰巨。各有关部门要各负其责，建立对商业预付卡的联合监督检查机制，进一步加强协调配合，齐抓共管，形成合力。2011年年底前，人民银行、商务部等有关部门要联合开展一次商业预付卡市场专项检查，以检查促整改，促进商业预付卡市场规范发展。

    中国人民银行

    监察部

    财政部

    商务部

    国家税务总局

    国家工商总局

    国家预防腐败局

    二○一一年五月二十三日