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中国人民银行令[2003]第5号

颁布日期:20030410  实施日期:20030901  颁布单位:中国人民银行 (来源:英语交友 http://friends.englishcn.com)

  Decree [2003] No.5 of the People's Bank of China

  April 10, 2003

  Chapter I General Provisions

  Article 1 These rules are formulated according to the “Law of the People's Republic of China on the People's Bank of China” and the “Commercial Banking Law of the People's Republic of China” so as to regulate the opening and use and strengthen management of RMB bank settlement accounts (hereinafter referred to as “bank settlement accounts”) and safeguard economic and financial stability.

  Article 2 These rules are applicable to bank settlement accounts opened by depositors with banks domiciled in China.

  “Depositors” hereinafter refer to government agencies, social organizations, military units, enterprises, public institutions and other organizations (referred as Institutions hereinafter), self-employed entities and natural persons that maintain settlement accounts with banks in China.

  Banks in these rules refer to policy banks, commercial banks (including wholly foreign-funded banks, Sino-foreign joint-equity banks and branches of foreign banks), urban and rural credit cooperatives that are approved by the People's Bank of China to engage in payment and settlement business in China.

  Bank settlement accounts in these rules refer to RMB demand deposit accounts opened by banks for depositors to effect payment and settlement of funds.

  Article 3 Bank settlement accounts may be classified on the basis of the nature of depositors into bank settlement accounts for institutions and bank settlement accounts for individuals.

  (1) A bank settlement account opened by a depositor in the name of an institution is a bank settlement account for institution. Based on their uses, bank settlement accounts for institutions may be divided into basic deposit accounts, general deposit accounts, special deposit accounts and temporary deposit accounts.

  Bank settlement accounts opened by self-employed entities with the brand of their products or the name of the owner appeared in the business license shall be managed as bank settlement accounts for institutions.

  (2) A bank settlement account opened by a natural person depositor with his or her ID is a bank settlement account for individual.

  Banking accounts opened by postal savings institutions to conduct banking card business shall be managed as bank settlement accounts for individuals.

  Article 4 A depositor opening bank settlement accounts for institutions may only keep one basic deposit account in banks.

  Article 5 Depositors shall open bank settlement accounts in the place where they are registered or located, except for those allowed by these rules to open bank settlement accounts outside their places of residence (in different provinces, cities or counties)。

  Article 6 Opening of basic deposit accounts, temporary deposit accounts, or opening of special deposit accounts by budget units shall be subject to review and approval of the People's Bank of China. With the approval, the bank that is to hold the account shall issue a registration certificate of opening of such an account. However, temporary deposit accounts opened by depositors for the purpose of examination of registered capital requirement compliance are exempted from such a stipulation.

  Article 7 Depositors may make their own choices of banks to open bank settlement accounts. No institutions or individuals are allowed to command depositors to open bank settlement accounts with designated banks, unless stipulated otherwise by laws, administrative regulations or rules of the State Council.

  Article 8 The opening and use of bank settlement accounts shall be conducted in accordance with laws and administrative regulations. It is not allowed to use bank settlement accounts to evade tax and debt payment, make illegal encashment or for other criminal purposes.

  Article 9 Banks shall ensure confidentiality of information about depositors' bank settlement accounts. Banks shall have the right to decline any inquires by institutions or individuals on deposits and other relevant information on bank settlement accounts for institutions, unless stipulated otherwise by the laws and administrative regulations. Banks shall also have the right to decline any inquiries by institutions or individuals on deposits and other relevant information on bank settlement accounts for individuals, unless stipulated otherwise by the laws and administrative regulations.

  Article 10 The People's Bank of China is the supervisory authority of bank settlement accounts.

  Chapter II Opening of Bank Settlement Accounts

  Article 11 The basic deposit accounts are bank settlement accounts that the depositors need to open to conduct day-to-day transfer and settlement of funds as well as receipt and payment of cash. Following depositors are eligible to open basic deposit accounts:

  (1) An enterprise that is a legal entity.

  (2) An enterprise that is not a legal entity.

  (3) Government agencies and public institutions.

  (4) Military units, armed police and detachment on separate missions that are above regiment level.

  (5) Social organizations.

  (6) Non-enterprise private organizations.

  (7) Permanent office outside its place of residence.

  (8) Resident offices of international organizations in China.

  (9) Self-employed entities.

  (10) Community agencies.

  (11) Subsidiaries of institutions that maintain independent accounts.

  (12) Other organizations.

  Article 12 General deposit accounts are bank settlement accounts opened by a depositor for borrowing or other payment needs with banks other than the bank that holds the basic deposit account.

  Article 13 Special deposit accounts are bank settlement accounts opened by a depositor to separately manage and use earmarked funds in accordance with laws, administrative rules or regulations. Depositors may apply for opening of special deposit accounts for the management and use of following type of funds:

  (1) Funds for capital construction.

 
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