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银行业金融机构服务收费“七不准禁止性规定”和“四项原则

Seven Prohibited Provisions for Loan Business & Four Principal for Financial Service Charges

中国银监会于2012年2月上旬发布了《关于整治银行业金融机构不规范经营的通知》,提出银行贷款规范经营的“七不准”及服务收费“四原则”。欢迎客户和社会监督,监督管理电话: 54670029/ 54034814

At the beginning of February of 2012, CBRC issued a notice on correcting Non-standardized operations of the banking financial institutions. And CBRC put forward the Seven Prohibited Provisions and Four Principal. Welcome to customers and social supervision.

Our supervision Tel number: 54670029/ 54034814

                  

贷款规范经营“七不准”

Seven Prohibited Provisions for Loan Business:

(一) 不得以贷转存。坚持实贷实付和受托支付原则,将贷款资金足额直接支付给借款人的交易对手,不得强制设定条款或协商约定将部分贷款转为存款。

Not to turn loans into deposits. Each bank shall adhere to the principle of “actual-loans-to-pay and entrusted payment” in loan business, pay the loan funds to the counterparty of the borrower(s) in full, and shall not turn part of the loans into deposits by setting mandatory clauses or through negotiations.

(二) 不得存贷挂钩。贷款业务和存款业务应严格分离,不得以存款作为审批和发放贷款的前提条件。

Not to link the deposits with the loans. The loan business of the banking financial institutions shall be strictly separated from their deposit business, and no approval or issue of any loan shall be conditional upon the deposits.

(三) 不得以贷收费。不得借发放贷款或以其他方式提供融资之机,要求客户接受不合理中间业务或其他金融服务而收取费用。

Not to charge fees on loans. No banking financial institution shall charge fees by requiring the client(s) to accept unreasonable intermediary services or other financial services upon the issue of loans or provision of financing through alternative means.

(四) 不得浮利分费。遵循利费分离原则,严格区分收息和收费业务,不得将利息分解为费用收取,严禁变相提高利率。

Not to inflate interest and divide it into fees. All banking financial institutions shall comply strictly with the principle of “separation of the interest from the fees”, strictly distinguish between interest bearing and fee chargeable businesses, shall not charge fees by dividing interest into fees or increasing the interest rate in alternative forms.

(五) 不得借贷搭售。不得在发放贷款或以其他方式提供融资时强制捆绑、搭售理财、保险、基金等金融产品。

Not to be reluctant to issue loans and not to bundle the loans with the sale of other financial products. No banking financial institution shall bundle or package loans with the sale of other financial products such as wealth management, insurance and funds mandatorily when issuing loans or providing financing through alternative means.

(六) 不得一浮到顶。贷款定价应充分反映资金成本、风险成本和管理成本,不得笼统将贷款利率上浮至最高限额。

Not to inflate to the upper limit. The pricing of the loans of banking financial institutions shall fully reflect the capital cost, risk cost and management cost and no bank shall uniformly inflate the loan interest rate to the upper limit.

(七) 不得转嫁成本。依法承担贷款业务及其他服务中产生的尽职调查、押品评估等相关成本,不得将经营成本以费用形式转嫁给客户。

Not to transfer the cost. Each banking financial institution shall bear the costs associated with due diligence investigation and collateral appraisal, etc, incurred during the course of carrying out the loan business and other services by law and shall not pass on the operating costs to the clients in the form of fees.

金融服务收费“四原则”

Four Principal for Financial Service Charges:

(一) 合规收费。服务收费应科学合理,服从统一定价和名录管理原则。

To charge fees in compliance with appropriate requirements. The charging of the fees on the services shall be scientific and reasonable, adhere to the unified pricing and catalogue management principles.

(二) 以质定价。服务收费应合乎质价相符原则,不得对未给客户提供实质性服务、未给客户带来实质性收益、未给客户提升实质性效率的产品和服务收取费用。

To set the price based on the quality. The charging of fees on services shall adhere to the “quality matches the price” principle and no fees shall be charged on the products and services that fail to provide the clients with material services, bring the clients material income or improve the efficiency materially for the clients.

(三) 公开透明。服务价格应遵循公开透明原则,各项服务必须“明码标价”,充分履行告知义务,使客户明确了解服务内容、方式、功能、效果,以及对应的收费标准,确保客户了解充分信息,自主选择。

Openness and transparency . The price of the services shall adhere to the openness and transparency principles, the services must be “expressly priced” and each banking financial institution shall fully perform its disclosure obligation to advise clients of the contents, methods, functions, effects and corresponding fee criteria of the services to make sure that the clients get adequate information and make their own choices independently.

(四) 减费让利。应切实履行社会责任,对特定对象坚持服务优惠和减费让利原则,明确界定小微企业、三农、弱势群体、社会公益等领域相关金融服务的优惠对象范围,公布优惠政策、优惠方式和具体优惠额度,切实体现扶小助弱的商业道德。

Reduce the fees to allow benefits to the clients. All banking financial institutions shall truly perform their social responsibilities, adhere to the principle of “preferential service and reduction of the fees to allow benefits to the clients” for particular clients, clearly define the scope of clients entitled to preferential financial services in such areas as small-and-micro enterprises, agriculture, countryside and farmers, underprivileged groups and public welfare, announce the preferential policies, preferential methods and specific preferential amount to fully demonstrate the business ethics of supporting small enterprises and helping the weak.