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储蓄管理条例 REGULATIONS ON THE ADMINISTRATION OF SAVINGS

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国务院第107号令
(Adopted at the 97th Executive Meeting of the State Council, promulgated by Decree No. 107 of the State Council of the People's Republic of China on December 11, 1992, and effective as of March 1, 1993)
颁布日期:19921211  实施日期:19930301  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated for the purposes of developing savings, protecting the legitimate rights and interests of depositors, and strengthening the administration of savings.

  Article 2 Any savings institution handling savings as a business and any individual participating in savings within the territory of China must observe the provisions of these Regulations.

  Article 3 “Savings” mentioned in these Regulations refer to those activities in which an individual deposits his own RMB or foreign currency in a savings institution while the savings institution issues a bankbook or deposit certificate in return; and when the individual withdraws the principal and interest on his deposits against his bankbook or deposit certificate, the savings institution will pay him the principal and interest according to provisions.

  No unit or individual may convert public funds into savings deposited on an individual's behalf.

  Article 4 “Savings institution” mentioned in these Regulations refers to those institutions under banks or credit cooperatives which handle savings services with the approval of the People's Bank of China or one of its branches, and those under postal enterprises which handle savings services statutorily.

  Article 5 The State protects the ownership, other legitimate rights and interests over legal savings deposits of individuals and encourages individuals' participation in savings.

  In handling savings businesses, savings institutions shall observe the principles of voluntariness in depositing, freedom of withdrawal, interest on every deposit and keeping secret for depositors.

  Article 6 The People's Bank of China shall be responsible for the administration of savings throughout the country.

  The People's Bank of China and its branches shall be responsible for the approval of savings institutions and savings services, for the coordination of various savings institutions in their savings businesses and for the mediation of their disputes, for the supervision and auditing of savings services, and for correction and punishment of violations of the State laws, regulations and policies governing savings.

  Article 7 The People's Bank of China may, with the approval of the State Council, take proper actions in the interest of depositors for the stability of savings.

  Article 8 With the exception of savings institutions, no other unit or individual may handle savings services.

  Chapter II Savings Institutions

  Article 9 To establish a savings institution, the principles of unified planning, convenience for the masses, focusing on efficiency and ensuring security shall be abided by.

  Article 10 To establish a savings institution, a report shall be submitted to the People's Bank of China or one of its branches for approval according to the relevant State provisions, and a Permit for Financial Business be applied for, unless otherwise provided for by the State laws and administrative regulations.

  Article 11 To establish a savings institution, the following requirements must be met:

  (1) having its own name, organizational structure and place of business;

  (2) having no less than four workers qualified for savings services; and

  (3) having necessary security and protective equipment.

  Article 12 A savings institution may establish its agency with the approval of the local branch of the People's Bank of China. Measures for the administration of savings agencies shall be formulated by the People's Bank of China.

  Article 13 A savings institution shall conduct its business during its fixed business hours and shall not suspend business or shorten its business hours at will.

  Article 14 Savings institutions shall ensure the payment of the principal and interest on savings deposits and shall not illegally refuse payment.

  Article 15 Savings institutions shall not resort to unfair means to absorb savings deposits.

  Chapter III Savings Services

  Article 16 A savings institution may handle the following RMB savings services:

  (1) current deposits;

  (2) time deposits by which a fixed sum may be put in and withdrawn when it becomes due;

  (3) time deposits by which odd money may be put in as savings and a round sum made up and withdrawn when it becomes due;

  (4) time deposits by which the interest may be withdrawn and the principal remaining till it becomes due;

  (5) time deposits by which a round sum may be put in and petty cash be withdrawn within a fixed time period;

  (6) deposits with a current or fixed account at the depositor's convenience;

  (7) time deposits for a fixed sum of overseas Chinese RMB; and

  (8) savings deposits of other kinds approved by the People's Bank of China.

  Article 17 With the approval of foreign exchange control departments, a savings institution may handle the following foreign currency savings services:

  (1) current deposits;

  (2) time deposits by which a fixed sum may be put in and withdrawn when it becomes due; and

  (3) foreign currency savings deposits of other kinds approved by the People's Bank of China.

  The principle and interest on foreign currency savings deposits shall be paid in foreign currency.

  Article 18 In handling a time deposit service, a savings institution may, at the request of the depositor, handle the automatic renewing of the time deposit account when it becomes due.

  Article 19 Based on the State policies regarding housing reform and actual needs and with the approval of the local branch of the People's Bank of China, a savings institution may handle personal housing savings services.

  Article 20 With the approval of the People's Bank of China or one of its branches, a savings institution may handle the following financial services:

  (1) distributing and cashing securities offered to individual residents such as State treasury bonds, financial bonds and enterprise bonds;

  (2) extending small secured loans on personal time deposit certificates; and

  (3) other financial services.

  Article 21 A savings institution may act as an agent issuing wages, collecting house rents, water and electricity charges, and providing other services.

  Chapter IV Rates and Calculation of Interests on Saving Deposits

  Article 22 Rates of interests on savings deposits shall be proposed by the People's Bank of China and published with the approval of the State Council, or shall be fixed and published by the People's Bank of China with the authorization of the State Council.

  Article 23 Savings institutions shall openly list interest rates of savings deposits and shall not change them without approval.

  Article 24 For an undue time deposit the whole of which is to be withdrawn ahead of time, the interest shall be calculated at the rate of current deposits listed openly on the date of withdrawal. If only part of an undue deposit is to be withdrawn ahead of time, the interest on this part withdrawn ahead of time shall be calculated at the rate of current deposits listed openly on the date of withdrawal, and the interest on the remaining shall, when it becomes due, be calculated at the rate of time deposits listed openly on the date of the opening of the account.

  Article 25 For an overdue time deposit, the interest during the overdue period shall be calculated at the rate of current deposits listed openly on the date of withdrawal unless a renewal of the time deposit has been handled as agreed upon between parties.

  Article 26 For a time deposit of which the interest rate has changed before it becomes due, the interest shall be calculated at the rate of the time deposit listed openly on the date of the opening of the account.

  Article 27 For a current deposit of which the interest rate has changed during the period in which it was deposited, the interest shall be calculated at the rate of current deposits listed openly on the date of the settlement of the interest. If the whole of a current deposit is to be withdrawn, the interest shall be calculated at the rate of current deposits listed openly on the date of the closing of the account.

  Article 28 Any depositor who thinks the payment of the interest on his savings deposits is in error shall be entitled to apply for a review by the savings institution concerned, which shall accept the application and review the calculation of the interest in time.

  Chapter V Withdrawing Ahead of Time, Registration of Loss, Inquiry and Transfer of Ownership

  Article 29 A depositor must hold his deposit certificate and his own identity certificate when withdrawing ahead of time his undue time deposits. If another person acts as an agent withdrawing the deposits for the depositor, the person must hold his own identity certificate.

  Article 30 Bankbooks or deposit certificates shall be in the form of nominated or unnominated certificates. The loss of nominated certificates may be registered and the loss of unnominated ones may not be registered.

  Article 31 A depositor must without delay apply to the savings institution with which he opened his account to register the loss of his deposit certificate, bankbook or his seal having its impression on record by holding his own identity certificate and providing the relevant data such as the depositor's name and address, date of the opening of the account, category and amount of the deposits, and account number. If special circumstances exist, a depositor may register the loss orally or by letter or by telegram provided that he complete the formality of registering the loss in writing within five days.

  The savings institution must suspend payment on the savings deposits concerned upon acceptance of the application for registration. If the savings deposits has been withdrawn by another person before the acceptance of the application, the savings institution shall be exempted from the liability for compensation.

  Article 32 Savings institutions and their personnel shall have an obligation to keep secret the depositors' savings and relevant information.

  Savings institutions shall not inquire into, freeze or allocate savings deposits on behalf of any unit or individual, unless otherwise provided for by laws and administrative regulations of the State.

  Article 33 If a dispute arising from a savings deposit results in the transfer of ownership, the savings institution shall handle the formality of the transfer according to the legally effective written judgments or orders or conciliation statements made by the people's court.

  Chapter VI Legal Liability

  Article 34 If any unit or individual commits any of the following actions in violation of the provisions of these Regulations, the People's Bank of China or one of its branches shall order it or him to make corrections, and may impose a fine, or order it or him to suspend business operations for rectification, or revoke the Permit for Financial Business according to the seriousness of the circumstances. If the circumstances are serious enough to constitute a crime, the offender shall be investigated for criminal liability.

  (1) handling savings services without approval;

  (2) establishing a savings institution without approval;

  (3) handling a new savings service by a savings institution without approval;

  (4) handling financial businesses not described in these Regulations by a savings institution without approval;

  (5) suspending business or shorten business hours without approval;

  (6) absorbing savings deposits by unfair means by a savings institution;

  (7) changing interest rates of savings deposits in violation of the State provisions governing interest rates;

  (8) disclosing information concerning a depositor's savings, or inquiring into, freezing or allocating savings deposits on others' behalf without completing legal procedures; or

  (9) committing other actions violating the State laws, administrative regulations or policies governing savings.

  Any violator of the provisions of the second paragraph of Article 3 in these Regulations shall be punished according to the relevant State provisions.

  Article 35 Any party who refuses to accept a decision of punishment may apply for reconsideration according to the provisions of the Administrative Reconsideration Regulations. If he refuses to accept the reconsideration decision, he may bring a lawsuit before a people's court according to the Administrative Procedure Law of the People's Republic of China.

  Article 36 In a case where an applicant for reconsideration neither brings a lawsuit nor performs the decision of reconsideration within a time limit, the provisions of the Administrative Reconsideration Regulations shall apply.

  Article 37 A savings institution that, in violation of the relevant State provisions, infringes upon the legitimate rights and interests of depositors and thereby causes losses to them shall be bear liability for compensation according to law.

  Chapter VII Supplementary Provisions

  Article 38 For those time deposits with their accounts opened prior to the implementation of these Regulations, the interest during the period in which savings are deposited shall be calculated according to the previous relevant provisions of the State.

  Article 39 The People's Bank of China shall be responsible for the interpretation of these Regulations and for the formulation of the implementation rules.

  Article 40 These Regulations shall come into effect on March 1, 1993. The Rules of the People's Bank of China for Savings Deposits, promulgated by the People's Bank of China on May 28, 1980, shall be invalidated on the same date.

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