Chapter I General Principles
Article 1 In order to regulate the service price management activities of commercial banks, protect the legitimate rights and interests of customers and promote the healthy development of commercial banks, these Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the People's Republic of China (PRC) Commercial Bank Law, the People's Republic of China (PRC) Price Law and other laws and regulations.
Article 2 The relevant provisions of these Measures shall apply to commercial banks established in accordance with the Law of People's Republic of China (PRC) Municipality on Commercial Banks and the Regulations of People's Republic of China (PRC) Municipality on the Administration of Foreign Banks.
The relevant provisions of these Measures shall apply to other banking financial institutions approved by the China Banking Regulatory Commission according to law.
Article 3 The term "commercial banking services" as mentioned in these Measures refers to all kinds of services provided by commercial banks to customers. The term "customers" as mentioned in these Measures refers to customers of commercial banks, including natural persons, legal persons and other organizations.
The term "service price" as mentioned in these Measures refers to the fees charged by commercial banks when providing services.
Article 4 The service price behavior of commercial banks shall strictly abide by national laws, regulations, rules and relevant regulatory provisions, follow the principles of openness, fairness, honesty and credit, and accept social supervision.
Article 5 Commercial banks should establish a scientific and effective service price management system, strengthen internal control, fully disclose service price information, and guarantee customers' right to obtain service price information and choose services independently.
Article 6 According to the nature and characteristics of services and the degree of market competition, the service prices of commercial banks shall be guided by the government, fixed by the government and regulated by the market respectively.
Article 7 The China Banking Regulatory Commission and the competent pricing department of the State Council shall supervise and manage the service price management activities of commercial banks in accordance with relevant laws and regulations and these Measures.
Chapter II Formulation and Adjustment of Government Guidance Price and Government Pricing
Article 8 The basic financial services that are widely used by customers and have a significant impact on the development of the national economy and people's lives shall be subject to government guidance or government pricing.
Article 9 The competent pricing department of the State Council shall, jointly with the China Banking Regulatory Commission, formulate and adjust the government-guided prices, government-set items and standards of commercial banks according to their service costs, the impact of service prices on individuals or enterprises and institutions, and the market competition.
Article 10 The formulation and adjustment of government guidance prices and government pricing shall be conducted in accordance with the following procedures:
(1) Organizing commercial banks and other relevant institutions to conduct cost surveys;
(2) Soliciting the opinions of relevant customers, commercial banks and interested parties;
(three) to make decisions on the formulation or adjustment of relevant service prices and make them public.
Chapter III Formulation and Adjustment of Market Adjustment Price
Article 11 The service prices of commercial banks shall be subject to market-regulated prices in addition to government-guided prices and government-set prices.
Article 12 The service prices of commercial banks shall be regulated by the market, which shall be formulated and adjusted by the head office of commercial banks. Branches are not allowed to set and adjust service prices by themselves.
If the branches of commercial banks obviously need to implement differentiated service prices due to regional differences, the head office shall uniformly set the service prices and publish them in accordance with the provisions of these Measures.
A branch of a foreign bank shall formulate and adjust the service price according to the authorization of its head office (or regional headquarters), and publish it in accordance with the provisions of these Measures.
Article 13 Commercial banks shall formulate and adjust market-regulated prices according to the following procedures:
(1) Formulating pricing strategies and principles for related service prices;
(two) comprehensive calculation of the cost and income of related services;
(3) Making price decisions;
(four) the formation of a unified business description and promotional materials;
(five) publicity in a prominent position in various related business premises;
(6) If there is a website of a commercial bank, it shall be publicized in a prominent position on the homepage of the website.
Article 14 When formulating and adjusting market-regulated service prices, commercial banks should reasonably calculate service expenditures, fully consider market factors and make comprehensive decisions.
Article 15 The service price work report submitted by the head office of a commercial bank to the relevant departments includes the following contents:
(a) the organizational structure of service price management and the overall situation of service price management;
(two) the setting and adjustment of service charges and the corresponding income changes;
(three) the setting and adjustment of free service items, the corresponding income changes, and the social responsibility in the service price;
(four) the income structure and evaluation of service projects;
(five) information disclosure of service prices, including the ways and channels of information disclosure;
(six) the number, classification and handling of complaints related to service prices;
(seven) a description of the customer feedback and the adoption of opinions;
(8) Schedule: classification, specific items and price level of the Bank's services;
(9) Other information related to the service price.
Article 16 Commercial banks should accept the entrustment of relevant units in accordance with the principle of marketization, collect fees such as water, electricity, gas, communication, cable TV and traffic violation fines, as well as other collection and payment services such as wages, social insurance and housing accumulation fund, and collect relevant handling fees for entrusted services in accordance with the principle of "whoever entrusts pays", and may not collect fees from other units and individuals other than the entrusting party.
Article 17 Where a customer requests to terminate or change the banking service due to the adjustment of the service price or the change of the service contract of a commercial bank, the commercial bank shall take reasonable and effective measures according to the customer's request, the relevant service contract or other signed legal documents, and timely terminate or change the relevant banking service and the corresponding service contract according to law.
Article 18 The service fees charged by commercial banks to customers should correspond to the specific service contents.
Chapter IV Disclosure of Service Price Information
Article 19 Commercial banks shall disclose service price information in accordance with regulations.
A commercial bank shall promptly and accurately publicize the service items, service contents, service prices, applicable objects, document numbers of government-guided prices or government-set prices, effective date, consultation (complaint) contact information, etc. in a prominent position in its business premises. All kinds of service price items publicized shall be numbered uniformly.
Article 20 A commercial bank shall take the following measures to protect the relevant rights and interests of its customers:
(1) Providing a relevant service price list or instruction manual in a prominent position in the business place for customers to consult for free. Conditional commercial banks can disclose service price information through electronic display screens, multimedia terminals and computer inquiries;
(2) If there is a commercial bank website, the service price list or instruction manual shall be publicized in a prominent position on the homepage of the website for customers to consult for free;
(3) Where self-service channels such as e-banking are used to provide services, the price of relevant services shall be prompted to customers before charging service fees, so as to protect the right of customers to choose relevant services;
(4) Clearly define the regional scope of business coverage of each branch in the same city, inform customers through publicity of business premises, brochures, websites, etc., and provide 24-hour inquiry channels. The business coverage area of the same city shall not be less than the administrative divisions of prefecture-level cities, and the same municipality directly under the central government, provincial capital cities and cities with separate plans shall be included in the category of the same city.
Article 21 A commercial bank should remind customers to provide true and effective contact information, and notify the bank in time after the relevant information changes, so that the commercial bank can inform customers in time according to the contract when adjusting the service price.
Article 22 Where the service price information publicity of commercial banks involves preferential measures, the effective date and termination date of the preferential measures shall be clearly indicated.
Article 23 A commercial bank shall, in accordance with the provisions of these Measures, announce the service prices with market-regulated prices at least three months in advance, and notify relevant customers in written, telephone, SMS, email and other contractual forms when necessary.
The newly established service charge items of commercial banks with market-regulated prices shall be publicized in accordance with the provisions of these Measures at least three months before implementation.
Article 24 When a commercial bank accepts fees from other agencies, it shall inform customers of the name of the entrusting party, the service items, the amount of fees, and the contact information for consultation (complaint), and clearly mark the above information in the confirmation documents provided to customers.
Twenty-fifth commercial banks should strictly implement the relevant provisions of service price information disclosure. Before providing services to customers, customers should be informed of relevant service items, service prices and preferential measures (including effective date and termination date), and relevant services can only be provided after customers confirm their acceptance of service prices. If the customer clearly indicates that he does not accept the relevant service price before using the service, he shall not force or force the customer to accept the service in disguise.
Article 26 For banking services that need to sign service articles of association, agreements and other contract documents, commercial banks should clearly indicate the service items or service contents, service prices, preferential measures and their effective and termination dates, price-related exceptions and restrictive clauses, consultation (complaint) contact information and other information in the corresponding contract documents in an easy-to-understand and clear way.
Chapter V Internal Management
Article 27 A commercial bank shall, in accordance with the principle of prudent operation, establish and improve the service price management system and internal control mechanism, establish a clear service price formulation, adjustment and information disclosure process, and strictly implement internal authorization management.
Article 28 The service price management system of commercial banks shall strictly abide by national laws and regulations, and clarify the accountability mechanism and internal punishment measures for price violations.
Article 29 A commercial bank shall designate a department to take the lead in managing service prices, establish an internal examination and approval system for service prices, timely evaluate and inspect the management of service prices, promptly correct related problems, and organize the publicity, explanation and complaint handling of service prices.
Article 30 A commercial bank shall establish a service price complaint management system, define the management process, responsible department and handling period of customer complaints registration, investigation, handling and reporting, and ensure that customer complaints are investigated and handled in a timely manner.
Article 31 A commercial bank should set up a unified complaint telephone number, written complaint contact information and other channels, publicize them in a prominent position in its business premises and website, and promptly accept customers' complaints about service prices.
Thirty-second commercial banks should seriously deal with and promptly answer customer complaints.
Commercial banks should establish a corresponding complaint self-inspection mechanism to conduct regular or irregular self-inspection on the implementation of the complaint management system and the handling of complaints.
Article 33 Unless there are relevant provisions and requirements in national laws, regulations and agency contracts, commercial banks should refuse any unit or individual to directly charge any fees from customers through banking channels.
Chapter VI Supervision and Management of Service Prices
Article 34 If a commercial bank violates the provisions of these Measures and commits any of the following acts, it shall be dealt with by the China Banking Regulatory Commission and the competent pricing department of the State Council according to their respective statutory duties and in accordance with the Banking Supervision Law of the People's Republic of China, the People's Republic of China (PRC) Price Law, the Provisions on Administrative Penalties for Price Violations and other laws and regulations:
(a) to set the service price within the scope of government guidance and government pricing without authorization;
(two) beyond the floating range of government guidance price;
(three) the implementation of government guidance and government pricing in advance or later;
(four) continue to charge for services that are explicitly prohibited without authorization;
(5) Failing to formulate and adjust the market regulated price according to the prescribed procedures;
(six) the branches of commercial banks set or adjust the market regulated price without authorization;
(seven) the service price information is not disclosed in accordance with the provisions;
(eight) the internal management of service prices is not carried out in accordance with the provisions;
(nine) other acts in violation of the provisions of these measures.
Article 35 Relevant units and individuals are encouraged to supervise the illegal acts of service prices of commercial banks. If the relevant units and individuals find that the service price behavior of commercial banks infringes on their legitimate rights and interests, they can take relevant legal measures or make complaints in accordance with laws and regulations.
Thirty-sixth trade associations and other self-regulatory organizations should give full play to the role of self-discipline and coordination, and regulate the service price behavior of commercial banks.
Chapter VII Supplementary Provisions
Article 37 These Measures shall come into force as of August 1 day, 2065. The Interim Measures for the Administration of Service Prices of Commercial Banks (Order No.3 of the National Development and Reform Commission of China Banking Regulatory Commission in 2003) shall be abolished at the same time.
Thirty-eighth after the implementation of these measures, the previous provisions on the service prices or charges of commercial banks are inconsistent with these measures, and these measures shall prevail.