Detailed rules for the implementation of personal foreign exchange management measures

Article 1 In order to standardize and facilitate the operation of foreign exchange business of banks and individuals, these Detailed Rules are formulated in accordance with the Measures for the Administration of Personal Foreign Exchange.

Article 2 Individual foreign exchange settlement and domestic individual foreign exchange purchase shall be subject to annual total management. The annual total is equivalent to 50,000 dollars per person per year. The State Administration of Foreign Exchange may adjust the annual total according to the balance of payments.

The settlement and purchase of foreign exchange within the individual's annual total amount shall be handled at the bank with his valid identity certificate; If it exceeds the annual total, it shall be handled in accordance with Articles 10, 11 and 12 of these Rules under the current account, and in accordance with the relevant provisions of "Personal Foreign Exchange Management in Capital Account" of these Rules under the capital account.

Article 3 Foreign exchange purchased by individuals may be remitted abroad, deposited in foreign exchange savings accounts or taken out of the country according to regulations.

Article 4 individuals may entrust their immediate family members to handle the purchase and settlement of foreign exchange within the annual total; Overseas individuals who purchase foreign exchange, settle foreign exchange and purchase foreign exchange in excess of the annual total amount may entrust others to handle it according to the provisions of these Detailed Rules with relevant certification materials.

Article 5 Individuals carrying foreign currency cash into or out of the country shall abide by the relevant provisions of the state.

Article 6 All designated foreign exchange banks (hereinafter referred to as banks) shall verify the authenticity of individual foreign exchange business in accordance with the provisions of these Detailed Rules, and shall not forge or alter transactions.

Banks shall handle personal foreign exchange settlement and sale business through the personal foreign exchange settlement and sale management information system (hereinafter referred to as the personal foreign exchange settlement and sale system), and enter relevant information truly, accurately and completely.

Article 7 The State Administration of Foreign Exchange and its branches (hereinafter referred to as foreign exchange bureaus) are responsible for the statistics, monitoring, management and inspection of individual foreign exchange business. Personal current account foreign exchange management

Article 8 Foreign exchange receipts and payments of personal current account are divided into operating foreign exchange receipts and payments and non-operating foreign exchange receipts and payments.

Article 9 Foreign exchange receipts and payments for personal current account operations shall be handled in accordance with the following provisions:

(1) Individual foreign trade operators shall purchase, pay and settle foreign exchange through their foreign exchange settlement accounts; Its foreign exchange receipts and payments, import and export verification and balance of payments declaration are managed by the agency.

Individual foreign trade operators refer to individuals who have gone through industrial and commercial registration or other practice procedures in accordance with the law, obtained individual industrial and commercial business licenses or other practice certificates, registered for the record in accordance with the provisions of the competent department of commerce of the State Council, obtained the right to operate foreign trade, and engaged in foreign trade business activities.

(2) If an individual industrial and commercial household entrusts an enterprise with the right to operate foreign trade to handle import, I will purchase foreign exchange by virtue of the import agency contract or agreement signed with the agency, and the purchased foreign exchange will be directly transferred to the current account of the agency through my foreign exchange settlement account.

Individual industrial and commercial households can collect and settle foreign exchange through their own foreign exchange settlement accounts if they entrust enterprises with the right to operate foreign trade to handle exports. Settlement of foreign exchange shall be handled by the export agency contract or agreement signed with the agency and the export goods declaration form of the agency. After the agency enterprise reports the written-off materials such as the name and account number of individual industrial and commercial households to the local foreign exchange bureau, it can use the Notice of Account Collection of Individual Industrial and Commercial Households as a verification certificate.

(3) The settlement of foreign exchange under the mode of overseas individual travel shopping trade shall be handled with my valid identity certificate and personal travel shopping declaration form.

Article 10 If the non-operating settlement of foreign exchange under the current account exceeds the annual total, an individual in China shall go to the bank with his valid identity certificate and the following supporting materials:

(1) Donation: notarized donation agreement or contract. Donations must comply with state regulations; (2) Family support: proof of immediate family members or notarized proof of support relationship, and relevant income certificates of overseas payers, such as bank deposit certificate and personal income tax payment certificate;

(3) Income from inheritance: inherited legal documents or notarial certificates;

(4) Insurance foreign exchange income: insurance contracts and payment vouchers of insurance institutions. Foreign exchange insurance must comply with state regulations;

(5) Income from exclusive rights use and franchise: payment voucher, agreement or contract;

(6) Income from legal, accounting, consulting and public relations services: payment certificate, agreement or contract;

(7) Employee remuneration: employment contract and income certificate;

(8) Income from overseas investment: foreign exchange registration certificate for overseas investment, profit distribution resolution or dividend payment or other income certificates; ?

(9) Others: relevant certificates and payment vouchers.

Article 11 If the foreign individual's non-operating foreign exchange settlement under current account exceeds the total annual amount, he/she shall go to the bank with his/her valid identity certificate and the following supporting materials:

(1) Rent expenditure: housing lease contract, invoice or payment notice registered by the housing management department;

(2) Living expenses: contracts or invoices;

(3) Medical and study expenses: proof of domestic hospital (school) fees;

(4) Others: relevant certificates and payment vouchers.

If the above-mentioned single settlement amount is more than USD 50,000, the RMB funds obtained from settlement will be directly transferred to the domestic RMB account of the counterparty.

Article 12 Domestic individuals who purchase foreign exchange for non-operating purposes under the current account exceed the annual total amount shall go to the bank with their valid identity documents and relevant documents proving the transaction amount.

Article 13 Foreign individuals' legitimate RMB current account income and unused RMB purchase shall be handled in accordance with the following provisions:

(1) The legitimate current account RMB income obtained in China shall be purchased with my valid identity certificate and relevant proof materials (including tax vouchers) of the transaction amount.

(two) the original exchange of unused RMB back to foreign exchange, with my valid identity certificate and the original exchange memo, the original exchange memo is valid within 24 months from the date of exchange; Before leaving the country, the exchange of the accumulated value of less than $500 (inclusive) at the domestic customs place on that day and the accumulated value of 1000 (inclusive) on that day can be handled with my valid identity certificate.

Article 14 Foreign exchange remittance of current account expenditures of domestic individuals shall be handled in accordance with the following provisions:

If the accumulated foreign exchange in the foreign exchange savings account on the day of remittance abroad is less than $50,000 (inclusive), I will go to the bank with my valid identity certificate; If it exceeds the above amount, it shall be handled with the authenticity certificate of the transaction amount under the current account.

Hand-held foreign currency cash with a cumulative equivalent of less than $654.38 million on the remittance day shall be handled at the bank with my valid identity certificate; If the amount exceeds the above amount, it shall be handled by the authenticity certificate of the transaction amount under the current account, the Declaration Form for Luggage and Articles of Inbound Passengers in People's Republic of China (PRC) and China Customs signed by the Customs, or the foreign currency cash withdrawal certificate of my original bank.

Article 15 Foreign exchange remittance of overseas individuals under current account shall be handled in banks according to the following provisions:

(a) the remittance of foreign exchange in the foreign exchange savings account shall be handled with my valid identity certificate;

(2) Remittance of foreign currency cash, with the cumulative equivalent of $65,438+less than $0,000 on the same day (inclusive), shall be handled with my valid identity certificate; If the amount exceeds the above amount, I should also provide the Declaration Form for Luggage and Articles of Inbound Passengers in People's Republic of China (PRC) and China Customs signed by the Customs or the foreign currency cash withdrawal document of my original bank. Personal foreign exchange management in capital account

Article 16 Overseas direct investment by domestic individuals shall be handled in accordance with relevant state regulations. With the approval of the local foreign exchange bureau, you can purchase or remit the required foreign exchange with your own foreign exchange, and go through the corresponding foreign exchange registration procedures for overseas investment.

Domestic individuals and overseas individuals who habitually reside in China because of economic interests set up or control special purpose companies overseas and return to China for investment, and the foreign exchange receipts and payments involved shall be handled in accordance with the Notice of the State Administration of Foreign Exchange on Relevant Issues Concerning Foreign Exchange Management of Domestic Residents Financing through Overseas Special Purpose Companies and Returning to China for Investment.

Article 17 Domestic individuals can use foreign exchange or RMB to make overseas fixed income, equity and other financial investments through qualified domestic institutional investors such as banks and fund management companies.

Article 18 Domestic individuals participating in foreign exchange business such as employee stock ownership plan and stock option plan of overseas listed companies shall apply to the foreign exchange bureau for approval through their affiliated companies or domestic institutions.

The foreign exchange income from the sale of stocks and dividends by domestic individuals under the employee stock ownership plan and stock option plan can be remitted back to the domestic foreign exchange special account opened by the company or domestic institutions, or transferred to the employee personal foreign exchange savings account.

Article 19 Domestic individuals who pay foreign exchange premiums to domestic insurance institutions authorized to engage in foreign exchange insurance business shall go through the formalities of purchasing and paying foreign exchange on the basis of the insurance contract and the payment notice of the insurance institution.

Compensation or insurance money paid by domestic individuals as insurance beneficiaries under foreign exchange insurance may be deposited in their foreign exchange savings accounts or settled. ?

Article 20 The transfer of domestic property by domestic individuals who emigrate abroad and the transfer of domestic heritage inherited by foreign citizens according to law shall be handled in accordance with the Interim Measures for the Administration of Sale and Payment of Foreign Exchange of Personal Property.

Article 21 The foreign exchange management involved by overseas individuals in buying and selling commercial houses in China and acquiring domestic real estate enterprises through equity transfer shall be handled in accordance with the Notice of the Ministry of Construction of the State Administration of Foreign Exchange on Regulating Foreign Exchange Management in the Real Estate Market and other relevant regulations.

Twenty-second overseas individuals can invest in domestic B shares according to relevant regulations; Investment in other financial products issued and circulated in China shall be handled by qualified foreign institutional investors.

Article 23 According to the convertibility process of RMB capital account, domestic individuals shall be gradually liberalized to provide loans, borrow foreign debts, provide external guarantees and directly participate in the management of overseas commodity futures and financial derivatives transactions. Specific measures shall be formulated separately. Personal foreign exchange account and foreign currency cash management

Article 24 The foreign exchange bureau shall manage individual foreign exchange accounts according to the types of account subjects and the nature of transactions. When opening foreign exchange accounts for individuals, banks should distinguish between domestic individuals and overseas individuals. Accounts are divided into foreign exchange settlement accounts, foreign exchange savings accounts and capital accounts according to the nature of transactions.

Article 25 A foreign exchange settlement account refers to an account opened by individual foreign trade operators and individual industrial and commercial households in accordance with regulations for handling operating foreign exchange receipts and payments under the current account. Its opening, use and closing are managed according to institutional accounts.

Article 26 When opening a foreign exchange savings account in a bank, an individual shall present his/her valid identity certificate, and the name of the account to be opened shall be the same as that recorded in his/her valid identity certificate.

Article 27 The opening of foreign exchange accounts for capital projects, such as special accounts for overseas investors, special accounts for special purpose companies, special accounts for investment mergers and acquisitions, and the domestic transfer and remittance of funds in the accounts shall be approved by the foreign exchange bureau.

Article 28 The domestic transfer of funds in individual foreign exchange savings accounts shall be handled in accordance with the following provisions:

(a) the transfer of funds between my accounts shall be handled with valid identity documents;

(two) the transfer of funds between individuals and their immediate family accounts shall be handled by the valid identity documents of both parties and the proof of immediate family members;

(3) The transfer of funds between domestic personal accounts and overseas personal accounts is managed according to cross-border transactions.

Article 29 The funds between my foreign exchange settlement account and my foreign exchange savings account can be transferred, but the transfer from the foreign exchange savings account to the foreign exchange settlement account is limited to the external payment on the day of transfer, and foreign exchange cannot be settled after transfer.

Thirtieth individuals who withdraw foreign currency cash on the same day with a cumulative equivalent of less than $654.38+00,000 yuan (inclusive) can directly handle it in the bank; If it exceeds the above amount, it shall report to the foreign exchange bureau where the bank is located in advance with my valid identity certificate, proof of withdrawal purpose and other materials. The bank shall handle the foreign currency cash withdrawal procedures for individuals with my valid identity certificate and the foreign currency cash withdrawal record form (attached 1) signed by the foreign exchange bureau.

Thirty-first individuals who deposit foreign currency cash into foreign exchange savings accounts, and the cumulative equivalent value of that day is less than 5000 dollars (inclusive), can go directly to the bank to handle it; If the amount exceeds the above amount, I will go to the bank with my valid identity certificate, the Declaration Form for Luggage and Articles of Entry Passengers of People's Republic of China (PRC) and China Customs signed by the customs, or the foreign currency cash withdrawal document of my original bank. The bank shall indicate the name of the deposit bank, the deposit amount and the deposit date on the relevant documents. Personal foreign exchange settlement and sale management information system

Article 32 A bank that has the qualification of foreign exchange settlement and sale business and has access to and used the personal foreign exchange settlement and sale system shall directly handle the personal foreign exchange settlement and sale business through the personal foreign exchange settlement and sale system.

Article 33 When applying for access to the personal foreign exchange settlement and sale system, the head office and branches of a bank shall meet the Technical Access Conditions for Personal Foreign Exchange Settlement and Sale Management Information System (Annex 2), have trained technicians and business operators, and be able to maintain the normal operation of the system.

Article 34 A bank shall fill in the Registration Form of Bank Network Information of Personal Settlement and Sale System as required, and apply to the foreign exchange bureau for system access. After accepting the application, the foreign exchange bureau will grant the bank access.

Article 35 Except for the following circumstances, the personal foreign exchange settlement and sale business of a bank shall be incorporated into the personal foreign exchange settlement and sale system:

(1) Settlement and sale of foreign exchange through foreign exchange points;

(2) The settlement of foreign exchange through bank counter or interest transfer is less than 100 USD (including 100 USD);

(3) Settlement of domestic consumption of foreign currency cards;

(4) offshore cards withdraw RMB cash through self-service banking equipment;

(5) Repayment by purchasing foreign exchange with overseas and domestic cards.

Article 36 Banks shall follow the following procedures when handling foreign exchange settlement and sale business for individuals:

(1) Inquiring about the personal settlement and sale of foreign exchange through the personal settlement and sale system;

(2) Examining the certification materials provided by individuals as required;

(3) Record the business data of foreign exchange settlement and sale one by one on the personal foreign exchange settlement and sale system;

(4) Print the "Notice of Settlement/Purchase of Foreign Exchange" through the personal settlement and sale system and keep it as an accounting voucher for future reference.

Article 37 The foreign exchange bureau is responsible for checking the standardization of banking operations within its jurisdiction and the completeness and accuracy of business data entry. Supplementary rules

Article 38 If an individual entrusts his immediate family members to handle the purchase and settlement of foreign exchange within the annual total amount, he shall provide the valid identity documents of the principal and the trustee, the power of attorney of the principal and the certificate of immediate family members respectively; In other cases, in addition to providing valid identity documents and power of attorney of both parties, relevant certification materials stipulated in these Rules shall also be provided.

Immediate family members refer to parents, children and spouses. The proof of lineal relatives refers to the valid proof of kinship issued by the household registration book, marriage certificate, street office and other grassroots government organizations or public security departments and notary departments of lineal relatives.

Article 39 Anyone who violates the Measures for the Administration of Personal Foreign Exchange and these Detailed Rules shall be punished by the State Administration of Foreign Exchange in accordance with the Regulations of People's Republic of China (PRC) Municipality on Foreign Exchange Administration and other relevant provisions. If there are no explicit provisions in the Regulations of People's Republic of China (PRC) on Foreign Exchange Control and other relevant provisions, banks and individuals will be fined RMB 30,000 and RMB 1 000 respectively.

Article 40 The State Administration of Foreign Exchange shall be responsible for the interpretation of these Detailed Rules.

Article 41 These Rules shall come into force as of February 6, 2007.