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On September 27, 2012, the People's Bank of China Announcement No. 12 promulgated the "Administrative Measures on Payment Card Business of Payment Institutions". The "Measures" are divided into general principles, issuing, accepting, using, recharging and redeeming, supervising and managing, with 6 chapters and 52 articles, which will be implemented as of November 1, 2012.

Management Measures for Prepaid Card Business of Payment Institutions

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Chinese name: Management Measures for Prepaid Card Business of Payment Institutions
Issue Unit: People's Bank of China

Posting time: September 27, 2012
Implementation time: September 27, 2012
Document number: Announcement No. 12 of the People's Bank of China

Announcement of the People's Bank of China

[2012] No. 12

In order to regulate the behavior of payment institutions engaged in prepaid card business, maintain the order of the prepaid card market, and prevent payment risks, the People's Bank of China has formulated the "Administrative Measures for Payment Institutions for Prepaid Card Business", which is now publicly implemented. ^[1]

General

issued

Article 6 Prepaid cards are divided into registered prepaid cards and anonymous prepaid cards.

A registered prepaid card refers to a prepaid card that records cardholder identity information in a prepaid card business processing system.

An anonymous prepaid card refers to a prepaid card in which the identity information of the cardholder is not recorded in the prepaid card business processing system.

Article 7 The prepaid card issued by the card issuer shall be denominated in Renminbi, with a single registered prepaid card with a capital limit of no more than 5,000 yuan, and a single anonymous prepaid card with a capital limit of no more than 1,000 yuan.

The People's Bank of China may adjust the prepaid card funds limit according to the circumstances.

Article 8 The registered prepaid card shall be reportable, redeemable, and shall not have a validity period.

The bearer prepaid card will not be reported or redeemed, except as otherwise provided in these Measures. The bearer prepaid card must be valid for at least 3 years. Prepaid cards must not have overdraft functions.

When a card issuer issues a sales prepaid card, it should inform the cardholder of the validity and calculation method of the prepaid card. For prepaid cards that have a balance of funds beyond the validity period, the card issuer should provide services such as extension, activation, and card replacement to ensure that cardholders continue to use them.

Article 9 The card surface of the prepaid card shall record such factors as the name of the prepaid card, the name of the card issuer, whether it is registered, the card number, the expiration date or the expiration date, the cardholder's precautions, and the customer service phone.

Article 10 Individuals or units who purchase a registered prepaid card or a one-time purchase of an unregistered prepaid card for more than 10,000 yuan shall use the real name and provide a valid identity document.

The card issuer shall identify the identity of the card purchaser and the unit manager, check the valid identity document, register the basic identity information, and keep a copy or photocopy of the valid identity document. When purchasing a prepaid card on behalf of another person, the card issuer shall take reasonable measures to confirm the agency relationship, check the valid identity documents of the agent and the principal, and register the agent

And the basic identity information of the agent, and keep a copy or photocopy of the valid ID of the agent and the agent.

Article 11 Where a real-name purchase of a prepaid card is made, the card issuer shall register the name of the purchaser or unit, the name of the unit manager, the name and number of a valid ID, contact information, the number of purchases, the date of purchase, and the total number of purchases Amount, prepaid card number and amount.

For registered prepaid cards, the card issuer should also record the cardholder's valid identity information, prepaid card number, amount and other information in the prepaid card core business processing system.

Article 12 If a unit purchases a prepaid card of more than 5,000 yuan at a time, and an individual purchases a prepaid card of more than 50,000 yuan at a time, it shall purchase it through non-cash settlement methods such as bank transfers, and shall not use cash.

Card purchasers may not use credit cards to purchase prepaid cards.

Article 13 Where a non-cash settlement method such as bank transfer is used to purchase a prepaid card, the name of the bank account of the payer and the name of the card purchaser shall be the same.

The card issuer should check the consistency of the account information and identity information, and record the payer's bank account name and account number, the payee's bank account name and account number, and the transfer amount in the prepaid card core business processing system.

Article 14 The card issuer shall publicize the card purchaser, provide the prepaid card charter or sign an agreement.

The prepaid card charter or agreement should include but is not limited to the following:

(1) the name, type and function of the prepaid card;

(2) The validity period and calculation method of the prepaid card;

(3) Conditions and methods for the purchase, use, redemption and loss of prepaid cards;

(4) Consumption convenience or preferential content for cardholders;

(5) Charge items and standards for services such as prepaid card issuance, extension, activation, replacement, redemption, and loss reporting;

(6) the rights, obligations and breach of contract of the parties concerned;

(7) Procedures for handling transaction and account disputes.

If the card issuer changes the prepaid card charter or the text of the agreement, it shall make an announcement at a prominent place on its website or website 30 days in advance. If the new articles of association or text of the agreement involve adding new charging items, raising fees, reducing preferential conditions, etc., the card issuer shall implement the original articles of association or the original customer within 180 days of the new articles of association or text of the agreement becoming effective.

Article 15 Card issuers shall take effective measures to strengthen the protection of card purchaser and cardholder information, ensure information security, and prevent information leakage and abuse. Without the consent of the card purchaser and card holder, it shall not be used for purposes unrelated to the card purchaser and card holder's prepaid card business. Except as otherwise provided by laws and regulations.

Article 16 Card issuers shall issue prepaid cards in accordance with the equivalent value of RMB funds actually received, and issue invoices in strict accordance with relevant regulations such as the "Administrative Measures for the Invoice of the People's Republic of China".

Article 17 Card issuers shall issue prepaid sales cards through physical outlets. Except for a single prepaid card with a capital limit of less than 200 yuan, no agency sales method is allowed.

Where a card issuer entrusts a sales cooperation agency to sell on its behalf, it shall establish consignment risk

Control mechanism. The sales funds shall be directly deposited into the reserve bank account of the card issuer. The card issuer shall require the sales cooperation agency to sell the prepaid card with reference to relevant regulations when the card purchaser meets the real-name card purchase requirements of these Measures.

All responsibilities and obligations of the card issuer as the issuer of the prepaid card are not transferred due to agency sales.

Article 18 Card issuers shall own and operate independently and securely the pre-paid card core business processing system within the territory of the People's Republic of China, establish an emergency response mechanism to ensure the timeliness, accuracy and security of pre-paid card business processing.

The pre-paid card core business processing system includes, but is not limited to, a card issuing system, an account host system, a card management system, and a customer information management system.

The prepaid card core business processing system must not be outsourced or outsourced in disguise.

Article 19 Card issuers shall not issue or sell prepaid cards that use or disguise the card issuer identification code assigned by the bank card clearing agency, and shall not use the bank card clearing agency brand identification on the card surface; may not cooperate with other payment institutions to issue prepaid cards ; Different card issuers are not allowed to use a uniformly recognizable brand identity.

Article 20 The card issuer shall provide acceptance services for the prepaid cards issued by it, and the number of special merchants that it develops, signs, and manages shall not be less than 70% of the total number of special merchants that accept the prepaid card.

Article 21 The accepting agency can only accept prepaid cards issued by card issuers in accordance with the provisions of these Measures, and the acceptance scope must not exceed the business coverage of the issue and acceptance of prepaid cards issued by card issuers.

The accepting agency shall be entrusted by the card issuer, and sign a tripartite cooperation agreement with the card issuer and special merchants in accordance with the provisions of Article 25 of these Measures. The accepting agency shall not outsource the prepaid card acceptance business entrusted by the card issuer.

The prepaid card can only be used at the merchants that the card issuer participates in signing the cooperation agreement. The card logo of the accepting agency commissioned by the card issuer must not be used on the card surface. The card issuer's responsibility for fund settlement and risk management to special merchants shall not be transferred due to the acceptance of the accepting institution's participation in prepaid card acceptance.

Article 22 A prepaid card can share the acceptance terminal with a bank card, but it should use a different application and acceptance network from the bank card, and adopt security isolation measures to handle and manage transactions with the bank card separately.

Article 23 Card issuers and accepting agencies shall not develop special merchants who have illegally established, illegally operated or have no physical business premises.

When card issuers and accepting agencies expand special merchants, they should strictly review the special merchant's business license, tax registration certificate, legal representative or responsible person's valid identity document, keep copies or photocopies of relevant documents, and conduct on-site business operations. Check and keep photos.

Article 24 The card-issuing institution shall transfer the settlement funds directly to the special merchant through its customer reserve bank, and the accepting institution shall not participate in the settlement of funds.

The special merchant can only designate one of its unit bank settlement accounts for receiving money. The card issuer shall verify the account opening permit of the bank settlement account designated by the special merchant or the account opening certificate issued by the account opening bank, and keep a copy with the official seal.

Article 25 The card issuer shall sign a prepaid card acceptance agreement with the special merchant. The acceptance agreement shall include but is not limited to the following:

(1) Basic information of special merchants;

(2) Charge items and standards;

(3) the protection requirements for cardholders' rights and interests in using the card;

(4) Management requirements for card information, transaction data, acceptance terminals, and transaction vouchers;

(5) The name, account opening bank, account number and fund settlement cycle of the receiving account of the special merchant;

(6) Requirements for account reconciliation, error handling and handling of business disputes;

(7) Mechanisms for bearing relevant business risks and breach of contract liabilities;

(8) Termination conditions of the agreement and the method of settlement of claims and debts after termination.

Article 26 Card issuers and accepting agencies shall own and independently operate an independent and secure prepaid card acceptance system in the territory of the People's Republic of China, establish an emergency response mechanism to ensure the timeliness, accuracy and safety of prepaid card business processing Sex.

The card issuer and accepting agency shall establish special merchant information management systems and business risk prevention and control systems, respectively. The accepting agency shall not store prepaid card information unrelated to the accepting business in any form.

Article 27 When a special merchant handles a return to the cardholder, the funds can only be returned to the original prepaid card through the card issuer. If it cannot be returned, the card issuer shall return the funds to the same prepaid card of the same card issuer provided by the cardholder.

The balance of the funds in the card after the return of the prepaid card cannot be exceeded.

Article 28 Card issuers and accepting institutions shall strengthen inspection and monitoring of special merchants, require special merchants to indicate the name and type of prepaid cards accepted at prominent places in their business premises, and accept prepaid cards in accordance with the requirements of the prepaid card acceptance agreement. Related obligations.

Special merchants are not allowed to store prepaid card information that has nothing to do with merchant settlement and reconciliation in any form.

If the special merchant has harmed the parties' legal rights and other serious violations of the rules and regulations, the card issuer and acceptance agency shall immediately terminate their prepaid card acceptance service.

Special merchants are not allowed to assist cardholders in any form of prepaid card cashing.

Use, top up and redeem

Article 29 Prepaid cards may not be used or disguised for cash withdrawal; they may not be used to purchase or exchange prepaid cards, single industry cards and other commercial prepaid cards issued by non-issuers of this card issuer; Transfer of bank account or online payment account opened by a non-issuer.

Article 30 Prepaid cards may not be used in online payment channels, except in the following circumstances:

(1) Paying public utility fees;

(2) It is used in the online stores of the physical special merchants legally expanded by this card issuer;

(3) Card issuers that are permitted to handle Internet payment services at the same time, the prepaid cards issued by them can be recharged to the real-name online payment accounts opened at the card issuer, but the total annual recharge amount of all online payment accounts of the same customer does not total More than 5000 yuan.

All prepaid card transactions in the above circumstances should be handled independently by the card issuer, and not by the accepting agency.

Article 31 Card issuers who handle registered value of prepaid cards or unregistered prepaid cards with a one-time amount of more than 10,000 yuan shall make reference to the provisions of Articles 10 and 11 of these Measures.

Article 32 The prepaid card can only be recharged by cash or bank transfer. At the same time, card issuers that have been approved to handle "Internet payment" business can also recharge through cardholders' real-name online payment accounts opened by the card issuer.

Credit cards must not be used to recharge prepaid cards.

Cash shall not be used for prepaid card recharge services with a one-time amount of more than 5,000 yuan. The balance of funds after recharging a single prepaid card shall not exceed the prescribed limit.

Article 33 Cash recharge of prepaid cards should be performed through the card issuer's outlets, but if the cumulative cash recharge of a single prepaid card is less than 200 yuan on the same day, it can be recharged through self-service recharge terminals, sales cooperation agency agents, etc., and the cash received should be directly Deposit into the card issuer's reserve bank account.

Article 34 Card issuers shall provide emergency report service to registered prepaid cardholders and provide at least one 24-hour free emergency report channel. Formal report of loss and replacement of cards shall be processed in writing through the outlets within the agreed time. In the case of reporting the loss in writing, the card issuer shall require the cardholder to present a valid ID and go through the procedures for reporting the loss as agreed in the agreement.

The card issuer shall provide cardholders with a list of special merchants, card balances and transaction details within one year, and provide at least one 24-hour free inquiry channel.

Article 35 The registered prepaid card may be redeemed 3 months after the card is purchased. When redeeming, the cardholder shall present the prepaid card and valid ID of the cardholder and the card purchaser. If redeemed by another agent, the valid identity documents of the agent and the principal shall be presented at the same time. The registered prepaid card purchased by the unit can only be redeemed by the unit. Card issuers shall refer to the provisions of Articles 10 and 11 of these Measures to identify and verify the identity information of redeemers and agents, ensure that they are consistent with the identity information of cardholders and cardholders registered at the time of card purchase, and save Redemption records.

Article 36 The issuer of prepaid card issuers that can be used in the field of public transportation, the total amount of prepaid card transactions in the year realized in the field of public transportation must not be less than 70% of the total amount of card issuance in the same period; If the balance of a single card is less than 100 yuan, it can be redeemed as agreed.

Article 37 If a card issuer terminates prepaid card business in accordance with regulations, it shall redeem all issued registered or unregistered prepaid cards to the cardholder free of charge.

When redeeming an anonymous prepaid card, the card issuer shall verify and register the identity information of the cardholder. The prepaid card using password verification shall also verify the password and keep a record of redemption.

Article 38 The number of outlets where the card issuer handles the redemption business shall not be less than 70% of the number of outlets that handle the issuance and sales business. The business hours of the prepaid card redemption business shall not be shorter than the business hours of the issuance and sales business.

Article 39 The redemption of a prepaid card shall use bank transfer, and the card issuer shall return the redemption funds to the bank account of the original card purchase. If the bank account purchased with cash or the card originally purchased has been cancelled, the redemption funds shall be returned to the unit or personal bank account provided by the cardholder with the same name as the card purchaser.

If the redemption amount of a single prepaid card is less than 100 yuan, cash can be used.

Supervision and management

Article 40 The People's Bank of China and its branches shall conduct off-site supervision and on-site inspections of prepaid card business activities, internal control and risk conditions of payment institutions in accordance with law.

The payment institution shall perform its reporting obligations in accordance with the relevant regulations of the People's Bank of China and its branches.

Article 41 Payment institutions shall join the China Payment and Clearing Association. The China Payment and Clearing Association shall organize the formulation of self-discipline regulations for the prepaid card industry, and shall check the implementation of the People s Bank of China regulations and industry self-discipline regulations in accordance with the relevant requirements of the People s Bank of China.

Article 42 A payment institution shall not inquire, freeze, or deduct funds in a prepaid card for any unit or individual, except as otherwise provided by national laws and regulations or authorized by the cardholder.

Article 43 Relevant information obtained and generated by the payment institution in handling the issuance of prepaid cards shall be kept for more than 5 years after the settlement of the RMB funds actually received by the prepaid card; handle the acceptance, use, recharge and redemption of prepaid cards The relevant information obtained and generated by the activity shall be kept for more than 5 years after the termination of the business activity.

Article 44 The payment institution shall not lease, lend, transfer or disguise the lease, lend, or transfer of prepaid card business qualifications through equity cooperation, business cooperation, or any other form.

Article 45 If payment institutions and their branches violate these Measures, the People's Bank of China may, in accordance with laws and regulations such as the "Measures for the Administration of Payment Services for Non-Financial Institutions", give warnings, make corrections, fines, or suspend part or all of their business If the circumstances are serious, its Payment Business Permit shall be cancelled in accordance with the law.

If a payment institution violates the provisions of these Measures and is suspected of committing a crime, it shall be transferred to a public security organ for disposal in accordance with the law.

Article 46 In case of special merchants in any of the following circumstances, the People's Bank of China and its branches shall order payment institutions to cancel their special merchant qualifications, and other payment institutions shall not develop them into special merchants; if they are suspected of committing crimes, they shall be transferred to public security organs according to law deal with.

(1) Providing assistance to cardholders in criminal activities such as money laundering and gambling;

(2) using fraudulent materials to engage in fraudulent activities after receiving a terminal, or reselling or providing machinery for use by others;

(3) Store, leak, or resell prepaid card information or transaction information in violation of regulations;

(4) Providing prepaid card cash for cardholders by means of fictitious transactions, false opening prices, cash returns, etc .;

(5) Making up false transactions or repeatedly swiping cards to steal funds without the cardholder's knowledge;

(6) Having other acts that endanger cardholders' rights and interests, market order, or social stability.

Article 47 No unit or individual may establish a prepaid card trading place without permission; it shall not resell the prepaid card for the purpose of profit, it shall not forge or alter the prepaid card, and it shall not use the prepaid card that it knows to be a fake or altered. Anyone suspected of committing a crime shall be transferred to a public security organ for disposal.

Supplementary clause

Article 48 The branches of the People's Bank of China mentioned in these Measures refer to the People's Bank of China Shanghai headquarters, branches, business management departments, provincial capital (capital) city center sub-branches, and sub-provincial city center sub-branches.

Article 49 The valid personal identity documents referred to in these measures include resident identity documents, military identity documents, armed police identity documents, Hong Kong, Macao and Taiwan resident passes, foreign citizen passports, etc .; valid unit identity documents include business licenses, relevant government department approvals, Registration certificate or other proof that can prove its legal real identity.

Article 50 The terms "above", "below", "not exceeding", and "not less than" as mentioned in these Measures shall include the number.

Article 51 The interpretation of these measures is the responsibility of the People's Bank of China.

Article 52 These Measures shall be implemented as of November 1, 2012. ^[2]

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