Circular of the Ministry of Transport, the People's Bank of China, the National Development and Reform Commission, the Ministry of Public Security, the State Administration for Market Regulation and the China Banking and Insurance Regulatory Commission on Issuing the Administrative Measures for User Funds Charged under Emerging Transport Business Models (for Trial Implementation)
Circular of the Ministry of Transport, the People's Bank of China, the National Development and Reform Commission, the Ministry of Public Security, the State Administration for Market Regulation and the China Banking and Insurance Regulatory Commission on Issuing the Administrative Measures for User Funds Charged under Emerging Transport Business Models (for Trial Implementation)
Circular of the Ministry of Transport, the People's Bank of China, the National Development and Reform Commission, the Ministry of Public Security, the State Administration for Market Regulation and the China Banking and Insurance Regulatory Commission on Issuing the Administrative Measures for User Funds Charged under Emerging Transport Business Models (for Trial Implementation)
Jiao Yun Gui [2019] No. 5
May 9, 2019
Departments (bureaus and commissions) of transport of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, the Shanghai Head Office, all branches, business management departments, all provincial capital city center sub-branches and all vice-provincial city center sub-branches of the People's Bank of China, and development and reform commissions, departments (bureaus) of public security, administrations (departments and commissions) for market regulation, and bureaus of the China Banking and Insurance Regulatory Commission in all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps,
The Ministry of Transport, the People's Bank of China, the National Development and Reform Commission, the Ministry of Public Security, the State Administration for Market Regulation and the China Banking and Insurance Regulatory Commission have formulated the Administrative Measures for User Funds Charged under Emerging Transport Business Models (for Trial Implementation) in order to promote the sound development of emerging transport business models, strengthen the management of user deposits and advance funding and effectively prevent risks of user funds. It is hereby issued to you for compliance and implementation.
Administrative Measures for User Funds Charged under Emerging Transport Business Models (for Trial Implementation)
Chapter I General Provisions
Article 1 In order to promote the sound development of emerging transport business models, strengthen the management of user deposits (also called "cash deposits") and advance funding (hereinafter collectively referred to as "user funds") and effectively prevent risks of user funds, the Measures are formulated in accordance with the E-commerce Law of the People's Republic of China, the Administrative Measures for the RMB Bank Settlement Accounts (Order of the People's Bank of China [2003] No. 5), the Guiding Opinions of the Ministry of Transport, the Publicity Department of the CPC Central Committee, the Office of the Central Leading Group for Cyberspace Affairs, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Housing and Urban-Rural Development, the People's Bank of China, the General Administration of Quality Supervision, Inspection and Quarantine and the National Tourism Administration on Encouraging and Regulating the Development of Online Bike Rental (Jiao Yun Fa [2017] No. 109), the Guiding Opinions of the Ministry of Transport and the Ministry of Housing and Urban-Rural Development on Promoting the Sound Development of Minibus Rental (Jiao Yun Fa [2017] No. 110) and the Circular of the People's Bank of China on Improving Personal Bank Account Services and Strengthening Account Management (Yin Fa [2015] No. 392), etc.
Article 2 For the purpose of the Measures, "Emerging Transport Business Models" refer to the operating activities that construct service platforms on the basis of internet and other information technologies and integrate supply and demand information by virtue of innovations in service modes, technologies and management to supply transportation services, including online taxi booking, vehicle time-sharing lease and online bike rental, etc.
Article 3 Operating enterprises in emerging transport business models that collect user funds (hereinafter referred to as "operating enterprises"), commercial banks that supply payment, settlement and depository services of user funds (hereinafter referred to as "banks") and non-banking payment institutions shall abide by the Measures.
Article 4 In principle, operating enterprises shall not collect any user deposit. In the case of necessary collection, the special deposit account of the operating enterprise and the user's personal bank settlement account shall be provided as two fund depository methods for users to choose. User deposits shall be the property of users, and shall not be misappropriated by any operating enterprise.
Operating enterprises are encouraged to supply services by directly collecting service fees upon completion of the services. In the case of supply of services by collecting advance funding from users, the depository and use of advance funding shall conform to relevant provisions of the Measures.
Article 5 Operating enterprises shall assume the main responsibility for guaranteeing the security of the user funds in their respective special deposit accounts.
Banks shall assume the main responsibility for guaranteeing the security of the deposits in the personal bank settlement accounts for users.
Operating enterprises and users may specify in relevant agreements the ownership of the interest of user funds.
Chapter II Management of User Funds
Article 6 Each operating enterprise shall, according to the relevant regulations, open the nationally unique special deposit account for user deposits and that for advance funding (hereinafter collectively referred to as "special deposit accounts") with the banks in the place where it is registered within Mainland China, whereby the banks with which the special deposit accounts are opened shall be in charge of depository of the user funds as depository banks (hereinafter referred to as "depository banks").
In the case of depository of the deposits in the user's personal bank settlement account, the operating enterprise shall cooperate with the banks (hereinafter referred to as "cooperative banks"). A user shall open his personal bank settlement account with the cooperative banks according to the service agreement. If there is an existing personal bank settlement account with the cooperative bank, the account may be directly bound for use.
Article 7 Depository banks and cooperative banks shall meet the following conditions:
1. have specific functional management departments and relevant management systems;
2. have a perfect and standard fund depository accounting system, capable of keeping detailed registration of the user funds in terms of the natures and purposes thereof and realizing effective fund management and registration;
3.
......
Jiao Yun Gui [2019] No. 5
May 9, 2019
Departments (bureaus and commissions) of transport of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, the Shanghai Head Office, all branches, business management departments, all provincial capital city center sub-branches and all vice-provincial city center sub-branches of the People's Bank of China, and development and reform commissions, departments (bureaus) of public security, administrations (departments and commissions) for market regulation, and bureaus of the China Banking and Insurance Regulatory Commission in all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps,
The Ministry of Transport, the People's Bank of China, the National Development and Reform Commission, the Ministry of Public Security, the State Administration for Market Regulation and the China Banking and Insurance Regulatory Commission have formulated the Administrative Measures for User Funds Charged under Emerging Transport Business Models (for Trial Implementation) in order to promote the sound development of emerging transport business models, strengthen the management of user deposits and advance funding and effectively prevent risks of user funds. It is hereby issued to you for compliance and implementation.
Administrative Measures for User Funds Charged under Emerging Transport Business Models (for Trial Implementation)
Chapter I General Provisions
Article 1 In order to promote the sound development of emerging transport business models, strengthen the management of user deposits (also called "cash deposits") and advance funding (hereinafter collectively referred to as "user funds") and effectively prevent risks of user funds, the Measures are formulated in accordance with the E-commerce Law of the People's Republic of China, the Administrative Measures for the RMB Bank Settlement Accounts (Order of the People's Bank of China [2003] No. 5), the Guiding Opinions of the Ministry of Transport, the Publicity Department of the CPC Central Committee, the Office of the Central Leading Group for Cyberspace Affairs, the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Housing and Urban-Rural Development, the People's Bank of China, the General Administration of Quality Supervision, Inspection and Quarantine and the National Tourism Administration on Encouraging and Regulating the Development of Online Bike Rental (Jiao Yun Fa [2017] No. 109), the Guiding Opinions of the Ministry of Transport and the Ministry of Housing and Urban-Rural Development on Promoting the Sound Development of Minibus Rental (Jiao Yun Fa [2017] No. 110) and the Circular of the People's Bank of China on Improving Personal Bank Account Services and Strengthening Account Management (Yin Fa [2015] No. 392), etc.
Article 2 For the purpose of the Measures, "Emerging Transport Business Models" refer to the operating activities that construct service platforms on the basis of internet and other information technologies and integrate supply and demand information by virtue of innovations in service modes, technologies and management to supply transportation services, including online taxi booking, vehicle time-sharing lease and online bike rental, etc.
Article 3 Operating enterprises in emerging transport business models that collect user funds (hereinafter referred to as "operating enterprises"), commercial banks that supply payment, settlement and depository services of user funds (hereinafter referred to as "banks") and non-banking payment institutions shall abide by the Measures.
Article 4 In principle, operating enterprises shall not collect any user deposit. In the case of necessary collection, the special deposit account of the operating enterprise and the user's personal bank settlement account shall be provided as two fund depository methods for users to choose. User deposits shall be the property of users, and shall not be misappropriated by any operating enterprise.
Operating enterprises are encouraged to supply services by directly collecting service fees upon completion of the services. In the case of supply of services by collecting advance funding from users, the depository and use of advance funding shall conform to relevant provisions of the Measures.
Article 5 Operating enterprises shall assume the main responsibility for guaranteeing the security of the user funds in their respective special deposit accounts.
Banks shall assume the main responsibility for guaranteeing the security of the deposits in the personal bank settlement accounts for users.
Operating enterprises and users may specify in relevant agreements the ownership of the interest of user funds.
Chapter II Management of User Funds
Article 6 Each operating enterprise shall, according to the relevant regulations, open the nationally unique special deposit account for user deposits and that for advance funding (hereinafter collectively referred to as "special deposit accounts") with the banks in the place where it is registered within Mainland China, whereby the banks with which the special deposit accounts are opened shall be in charge of depository of the user funds as depository banks (hereinafter referred to as "depository banks").
In the case of depository of the deposits in the user's personal bank settlement account, the operating enterprise shall cooperate with the banks (hereinafter referred to as "cooperative banks"). A user shall open his personal bank settlement account with the cooperative banks according to the service agreement. If there is an existing personal bank settlement account with the cooperative bank, the account may be directly bound for use.
Article 7 Depository banks and cooperative banks shall meet the following conditions:
1. have specific functional management departments and relevant management systems;
2. have a perfect and standard fund depository accounting system, capable of keeping detailed registration of the user funds in terms of the natures and purposes thereof and realizing effective fund management and registration;
3.
......