Frequency requirements of bank insurance supervision and inspection database

Article 1 The purpose and basis of legislation is to standardize the business activities and financial services of banking and insurance institutions in response to emergencies, protect the legitimate rights and interests of customers, strengthen the pertinence of supervision, and maintain the safe and stable operation of banking and insurance industry. According to the Banking Supervision Law of the People's Republic of China, People's Republic of China (PRC) Commercial Bank Law, People's Republic of China (PRC) Insurance Law and People's Republic of China (PRC) Emergency Response Law.

Article 2 Definition of Emergency The term "emergency" as mentioned in these Measures refers to natural disasters, accidents, public health incidents and social security incidents that occur suddenly and cause or may cause serious social harm and need to be dealt with by emergency measures according to the provisions of the Emergency Response Law of People's Republic of China (PRC).

The term "major emergencies" as mentioned in these Measures refers to the particularly serious or major emergencies as stipulated in the Emergency Response Law of People's Republic of China (PRC).

Article 3 The basic duties of the supervision department The banking insurance supervision and management institution shall earnestly perform its duties of responding to emergencies, strengthen communication, contact, coordination and cooperation with the people's governments at or above the county level and their departments, do a good job in guiding and supervising the banking insurance institutions, and promote the banking insurance institutions to improve their financial services in responding to emergencies.

Article 4 Basic Duties of Banking Insurance Institutions Banking insurance institutions shall do a good job in building the organization, system, management and plan system to deal with emergencies, start plans in time, improve risk management, ensure the safety and continuity of basic financial services, and strengthen financial services for key areas, key links and special people.

Article 5 Financial services in response to emergencies shall follow the following principles:

(1) Normal management principle. Bank insurance institutions should establish an emergency mechanism and incorporate emergency management into a comprehensive risk management system.

(2) The principle of timely disposal. Bank insurance institutions should start their own response plans in time, formulate scientific emergency measures, dispatch the required resources, and timely and decisively adjust financial service measures.

(3) The principle of least impact. Bank insurance institutions shall take necessary measures to minimize the impact of emergencies on the continuous operation of business and financial services and ensure the continuous provision of basic financial services.

(4) the principle of social responsibility. Banking and insurance institutions should fully assess the impact of emergencies on customers, employees and economic and social development, provide convenient financial services under the premise of controllable risks, properly protect the legitimate rights and interests of employees, and actively support enterprises and industries that are greatly affected by emergencies to maintain normal production and operation.

Article 6 Cross-border regulatory cooperation The the State Council banking insurance regulatory agency shall actively use bilateral and multilateral regulatory cooperation mechanisms and channels, strengthen information sharing with overseas regulatory agencies, coordinate regulatory actions, and improve the effectiveness of response.

Chapter II Organization and Management

Article 7 Banks and insurance institutions are generally required to establish emergency management systems. The board of directors is the decision-making body for emergency management of banks and insurance institutions, and bears the ultimate responsibility for emergency management. The senior management is responsible for implementing the emergency management policy approved by the board of directors.

Article 8 Special Committee Duties A bank insurance institution shall set up an emergency management committee composed of senior management, heads of emergency management departments and corresponding command institutions, which shall be responsible for the management, command and coordination of emergency work, and define the corresponding division of responsibilities of member departments.

Bank insurance institutions may designate special committees such as the Business Continuity Management Committee to be responsible for emergency management.

Article 9 System Connection Banking and insurance institutions shall formulate management systems to deal with emergencies, and effectively connect with business continuity management, information technology risk management, reputation risk management, asset safety management and other systems. When making recovery and disposal plans, bank insurance institutions should fully consider the factors that respond to emergencies.

Article 10 Detailed plans and drills Banks and insurance institutions shall, according to their own specific conditions, refine the types of emergencies and formulate and update emergency plans. Banks and insurance institutions should fully evaluate their business premises, employees, infrastructure, information and data, and formulate specific emergency measures and recovery plans.

Banking and insurance institutions should conduct emergency plan drills at least once every three years to test the integrity, operability and effectiveness of emergency plans, verify the availability of relevant resources in emergency plans, and improve the comprehensive handling capacity of emergencies. For key resources such as disaster backup or important business functions, banks and insurance institutions should conduct emergency plan drills at least once a year.

Article 11 Banking and insurance institutions responsible for cooperation and assistance shall cooperate with the command of the people's governments at or above the county level in accordance with the law and carry out emergency response work in an orderly manner.

Bank insurance institutions should provide necessary mutual assistance in the process of dealing with emergencies.

Article 12 Emergency Information Reporting Banking insurance institutions shall report emergency information, countermeasures, existing problems and necessary support to banking insurance supervision and management institutions in accordance with the regulatory requirements for emergency information reporting in banking and insurance industry.

Article 13 Self-regulatory organizations shall provide necessary coordination and support for banks and insurance institutions to deal with emergencies and implement mutual assistance in the same industry.

Chapter III Business and Risk Management

Article 14 It is generally required that banking insurance institutions should strengthen the early warning of emergencies, strengthen the identification, measurement, monitoring and control of various risks according to the decisions and orders issued by the people's governments at or above the county level to deal with emergencies and the regulatory rules of banking insurance supervision and management institutions, start relevant response plans in time, and take necessary measures to ensure the safety of personnel and property and the normal operation of basic financial services.

Article 15 Banking and insurance institutions that handle emergency financial services shall, according to the requirements of the banking and insurance supervision and management institutions and the specific measures taken by the people's governments at or above the county level to deal with emergencies, provide urgently needed financial services to relevant units and individuals in a timely manner.

Article 16 Where the business changes of banking and insurance institutions are greatly affected by emergencies and it is necessary to temporarily change their business hours, business locations, business methods and business scope, they shall report to the local banking and insurance supervision and administration institution and the local people's government on the day of making a decision, and make an announcement to the public.

The banking insurance supervision and management institution may, according to the level and influence scope of emergencies, decide to temporarily change the business hours, business locations, business methods and business scope of the affected banking insurance institutions.

Article 17 Various forms of service In areas where financial services are affected by major emergencies, banking insurance institutions shall, on the premise of ensuring the personal and property safety of employees, provide on-site services by setting up mobile outlets, temporary service points, etc., and rationally allocate automatic teller machines (ATMs), point-of-sale (POS), intelligent teller machines (including portable and remote coordination) and other machines to meet the financial service needs of customers.

If a bank insurance institution is unable to provide counter, site or machine services due to major emergencies, it shall provide services to customers with the help of information technologies such as the Internet, mobile terminals and fixed telephones.

Article 18 Financial convenience service banks and insurance institutions shall provide convenience for customers affected by major emergencies to handle account inquiry, loss reporting, replacement, transfer, withdrawal, inheritance, claim settlement and preservation. If a customer's identity certificate or business certificate is lost, the bank insurance institution can identify the customer's identity or conduct business verification by other means, and it shall meet a certain amount or basic business needs, and shall not refuse to handle business on the grounds that the customer has no identity certificate or business certificate.

Article 19 Support Measures for Borrowers If a banking financial institution fails to repay all kinds of loans issued before the occurrence of a major emergency on time due to the influence of the emergency, it shall adjust the loan recovery method according to the actual situation of the affected borrowers, and shall not charge related penalty interest and deferred repayment fees. Banking financial institutions shall not prevent the affected borrowers from continuing to obtain other emergency credit support just because the loans are not repaid in time.

Article 20 Development and Supply of Insurance Products Insurance companies should develop insurance products in a timely manner according to the social risk protection needs formed by emergencies, and increase the supply of catastrophe insurance, enterprise property insurance, safety production liability insurance, export credit insurance, agricultural insurance and other businesses.

Article 21 Banking support measures In order to effectively serve customers affected by major emergencies and support affected individuals, institutions and industries, banking financial institutions may take the following measures:

(1) Reducing and exempting related expenses such as inquiry, loss reporting, replacement, transfer and inheritance of the accounts of the affected customers;

(2) Negotiate and adjust the debt term, interest rate and repayment method with the customers who are greatly affected. ;

(three) to provide loan extension services for customers who are greatly affected;

(4) Speeding up the approval process of credit and other businesses under the premise of controllable risks.

(5) Other measures that meet the requirements of the banking insurance regulatory agency.

Article 22 Insurance support measures In order to effectively serve customers affected by major emergencies and support affected individuals, institutions and industries, insurance companies may take the following measures:

(1) appropriately extend the reporting time limit for seriously affected customers and reduce related expenses such as policy replacement;

(2) Extend the insurance period for seriously affected customers, and give certain preferential treatment or grace period for premium payment;

(3) Simplifying the claim application materials of insurance customers whose certificates are damaged or lost due to unexpected events;

(4) For the farmers and agricultural production and operation organizations that are greatly affected, under the premise of ensuring the true willingness to insure, the submission of relevant materials required for underwriting agricultural insurance can be postponed, and if it is determined that agricultural insurance losses have occurred, the claim settlement service can be provided through the advance payment part;

(five) in view of the impact of emergencies, appropriately expand the scope of insurance liability within the scope of risk tolerance;

(6) Other measures that meet the requirements of the banking insurance regulatory agency.

Article 23 Banking and insurance institutions in key support areas should timely calculate the capital demand of enterprises seriously affected by emergencies to resume production and operation, strengthen financial services to key areas and industry customer groups affected by emergencies, and play a financial support role for infrastructure, agriculture, industries with distinctive advantages and small and micro enterprises.

Article 24 Loan Risk Management Banking financial institutions shall strengthen pre-lending review and post-lending management, prevent customers from improperly obtaining and using financing facilities or preferential measures related to emergency response through mechanisms such as industry self-discipline and joint credit granting, effectively prevent multi-head credit granting and over-credit granting, and prevent customers from misappropriating the obtained related financing.

Banking financial institutions should write off loans that meet the conditions for loan write-off in strict accordance with procedures and conditions, do a good job in loan collection management and asset preservation, and earnestly safeguard legitimate financial claims.

Article 25 Transaction Traceability and Post-business Evaluation Bank insurance institutions shall keep transaction or business records related to emergency response in a timely manner, and make transaction or business traceability records in a timely manner, focusing on verification and analysis of large-sum, day trading and off-hours transactions.

The bank insurance institution shall make a post-evaluation on the actual effect and risk status of financial service measures for emergencies in a timely manner.

Article 26 Consumer Protection and Public Opinion Management Bank insurance institutions shall strengthen the protection of consumers' rights and interests during emergencies. Banking and insurance institutions shall not use emergencies to conduct marketing activities such as induced sales and false propaganda, and shall not infringe on customers' legitimate rights such as the right to know, the right to fair trade, the right to choose independently and the right to privacy.

Banking and insurance institutions should strengthen reputation risk management, do a good job in public opinion monitoring, management and response, timely standardize information release, interpretation and clarification, prevent negative public opinion from causing secondary risks such as reputation risk and liquidity risk, and ensure normal business order.

Chapter IV Supervision and Administration

Article 27 Banking insurance supervision and management institutions are generally required to maintain the continuity, effectiveness and flexibility of supervision, and appropriately adjust the specific supervision methods according to the level of emergencies and the impact on banking insurance institutions.

Banking insurance supervision and management institutions shall guide, supervise and inspect the emergency mechanism, activities and effects of banking insurance institutions in accordance with the law, properly deal with social concerns and sensitive issues, timely issue supporting policies and measures, and coordinate and solve problems in the process of responding to emergencies.

Article 28 The banking insurance supervision and management institution with specific responsibilities shall, in accordance with the requirements of the people's governments at or above the county level for dealing with emergencies, carefully evaluate the impact of emergencies on banking insurance institutions and perform the following duties according to law:

(a) Strengthen monitoring, analysis and early warning of regional and systemic risks caused by emergencies;

(two) to urge banks and insurance institutions to ensure the sustained and safe operation of basic financial services in accordance with emergency plans;

(3) Guiding banks and insurance institutions to provide financial services in response to emergencies;

(four) to guide the bank insurance institutions to actively assume social responsibilities;

(5) Coordinate with relevant government departments to help ensure the normal operation of banks and insurance institutions.

Article 29 Where an applicant, such as a bank insurance institution that is greatly affected by an emergency, fails to complete the formalities within the prescribed time limit in the process of administrative licensing, he may apply to the banking insurance supervision and administration institution for an extension of the formalities. After evaluation, the banking insurance regulatory institution may decide to extend the relevant processing period according to the specific circumstances.

Banking insurance supervision and management institutions may, according to the level and influence of emergencies, adjust relevant rules such as administrative licensing procedures, conditions or materials according to law, so as to facilitate banking insurance institutions to provide financial services to deal with emergencies.

Article 30 For the adjustment of off-site supervision of banks and insurance institutions that are greatly affected by unexpected events, they may apply to the banking insurance supervision and management institution to change the time and method of submitting supervision information and statistical data according to the actual situation. If the bank insurance supervision and management institution agrees to change after evaluation, it shall continue to implement off-site supervision through other means.

The banking insurance supervision and management institution may, according to the level and influence of emergencies, decide the specific way, time limit and frequency of off-site supervision according to law.

Article 31 A bank insurance institution that is greatly affected by the on-site inspection and investigation adjustment may, according to the actual situation, apply to the bank insurance supervision and administration institution to temporarily suspend the on-site inspection, on-site investigation and other major regulatory acts or change the time.

Banking insurance supervision and management institutions may, according to the level and influence of emergencies, suspend on-site inspection and on-site investigation of banking insurance institutions upon application or initiative, and take other major regulatory measures or change the time. After the impact of emergencies is eliminated, the banking insurance supervision and management institution shall rearrange the supervision work such as on-site inspection and on-site investigation.

Article 32 Active Adjustment and Temporary Exemption According to the needs of responding to major emergencies and implementing the national financial support policies, the banking insurance supervision and management institution of the State Council may decide to temporarily adjust prudential supervision indicators and regulatory requirements under the authorization of laws and administrative regulations or with the approval of the State Council.

The State Council banking insurance supervision and management institutions may, according to the situation that banking insurance institutions are affected by major emergencies, exempt banking insurance institutions that temporarily break through prudential supervision indicators from taking regulatory measures or administrative penalties according to law, but shall require banking insurance institutions to formulate reasonable rectification plans.

Banking and insurance institutions shall not use the above circumstances to expand shareholders' dividends or other profit distribution, and shall not increase the remuneration of directors, supervisors and senior managers.

Article 33 Regulatory considerations Banking insurance regulatory agencies shall assess the risk factors caused by unexpected events of banking insurance institutions, and give due consideration to them in market access, regulatory rating and other work.

Article 34 Dealing with financial risks For major risks caused by unexpected events in banking and insurance institutions, banking and insurance supervision and management institutions should take timely measures to deal with risks and maintain financial stability.

The State Council banking insurance supervision and management institutions may, according to the needs of coping with major financial risks and maintaining financial stability, be exempted from applying some regulatory provisions to banking insurance institutions according to law.

Article 35 In case of any of the following circumstances, the banking insurance regulatory institution may take regulatory measures or impose administrative penalties in accordance with the Banking Supervision Law of the People's Republic of China, the Insurance Law of People's Republic of China (PRC) and other laws and regulations; Where there are no provisions in laws and administrative regulations, the China Banking Regulatory Commission and its dispatched offices shall order it to make corrections and give a warning. If there is illegal income, a fine of 1 times and less than 3 times shall be imposed, but the maximum amount shall not exceed 30,000 yuan. If there is no illegal income, a fine of 654,380+0,000 yuan shall be imposed:

(a) failing to establish an emergency management system, organizational structure, system or plan in accordance with the requirements of these Measures;

(2) Failing to carry out emergency plan drills regularly as required;

(3) Failure to take effective measures, resulting in long-term interruption of basic financial services;

(4) Failing to restore financial services in time after the impact of emergencies is eliminated;

(five) the use of unexpected events to induce sales, false publicity and other acts, against the legitimate rights and interests of customers;

(six) illegal arbitrage by using regulatory support policies;

(seven) other circumstances in violation of the provisions of these measures.

Chapter V Supplementary Provisions

Article 36 Definition of terms The term "bank insurance institutions" as mentioned in these Measures refers to banking financial institutions and insurance companies.

The term "banking financial institutions" as mentioned in these Measures refers to commercial banks, rural credit cooperatives and other financial institutions that absorb public deposits, development financial institutions and policy banks established in People's Republic of China (PRC).

Article 37 Financial asset management companies, trust companies, finance companies, financial leasing companies, auto finance companies, consumer finance companies, money brokerage companies, financial asset investment companies, bank subsidiaries, insurance group (holding) companies, insurance asset management companies and insurance intermediaries established in People's Republic of China (PRC) shall be implemented with reference to the provisions of these Measures.

Thirty-eighth implementation time and reporting requirements These Measures shall come into force as of the date of promulgation.

Bank insurance institutions shall, within 6 months from the date of implementation of these Measures, establish and improve the emergency management system and management system, and report to the bank insurance supervision and administration institution.