Market order of the Secretary of the Ministry of Commerce is responsible for interpretation of the "single-purpose commercial prepaid card management (Trial)"


On September 21, the Ministry of Commerce issued a "single-purpose commercial prepaid cards (Trial)" (Ministry of Commerce Decree No. 9 of 2012, hereinafter referred to as the "Regulations"), and will be implemented on November 1, 2012. The person in charge of the market order of the Secretary of the Ministry of Commerce on the background of the "management approach", guiding principles and main contents read as follows:

A "management approach" to develop the background
In recent years, single-purpose commercial prepaid cards played a positive role to reduce the cash used to facilitate the public to pay, stimulate consumption, widely welcomed by business enterprises and consumers. However, while the single-purpose commercial prepaid card market is booming, there are also lax oversight, violation of financial discipline, lack of risk prevention mechanisms and public consumption, closing card bribery and other issues, seriously disrupted the market order, encouraged corruption. May 23, 2011, the General Office of the State Council issued the "State Council forwarded the People's Bank Supervision and other departments to regulate commercial prepaid card management advice notice" (Guo Ban Fa [2011] No. 25, hereinafter referred to as the Office of the State on the 25th file), to regulate commercial prepaid card management to make full deployment. The document explicitly requires the Commerce Department to strengthen the management of single-purpose commercial prepaid card, pay close attention to the development of industry standards, to be issued in due course management approach ". According to the documentation requirements, the Ministry of Commerce drafted in the same year the "management approach" widely listen to the views of the public and from November 2011 to May 2012, published in the website of the Ministry of Commerce and China Legislative Information Network draft. September 21, 2012, the "management approach" to the Ministry of Commerce Decree No. 9 of 2012 announced.

Second, the "management approach" to develop guiding principles
State Office 25 document is an important basis for important documents to guide future commercial prepaid card management work, but also the commerce department to carry out their functions, single-purpose commercial prepaid card management. The main content of the "management approach" is implemented one by one about the the real name Gouka, non-cash card purchase limit issue, business management and other aspects of the requirements of the Office of the State on the 25th, to regulate commercial prepaid card management, to ensure the realization of the anti-corruption prevention funding three policy goals of the risks and protect the interests of consumers. 25 document requirements for the implementation of the State Office, the "management approach" to develop the business process specification, dynamic information monitoring and the Advances from funding custody of the regulatory approach of the primary means Emphasis on single-purpose prepaid card prepaid funds and services business management.

Third, the "management approach" main content
Total of seven chapters "Management Measures" forty-two, including general principles, for the record, distribution and services, funds management, supervision and management, legal liability and supplementary provisions.

(A) single-purpose card definition.
"Management approach" to define the definition of a single-purpose commercial prepaid cards, including the properties of the four aspects: First, the issue of the main system engaged in industry-specific enterprise that is engaged in the retail trade, accommodation and catering industry, enterprise legal residents service; second is use is limited to a specific range, that is the franchise system in the enterprise or the enterprise belongs to the Group or the same brand; nature clear a prepaid certificate; formally not limited to the carrier, including a physical card and virtual card.

(B) The adjustment range.
The issue of single-purpose commercial prepaid cards many companies involved in the industry based on management responsibilities of the Ministry of Commerce, Industry, the "management approach" to the card-issuing enterprises in retail trade, accommodation and catering industry included in the adjustment range, and the adjustment of industry classification list as a "management approach "attachment. In the classification table outside the industry, are not applicable to the "management approach". Detailed management, "management approach" to card-issuing companies detailed breakdown of the card-issuing enterprise scale card-issuing enterprises Group, the brand of card-issuing enterprises and other card-issuing enterprises.

(C) the filing system.
According to the principle of territorial management, classification regulation, the "management approach" to clear the record time for all kinds of card-issuing enterprise, the filing office, the materials to be provided and the record change and other issues. Brand card issuing companies and the Group scale card-issuing business card-issuing enterprise, its financial status information for the filing office its risk monitoring; For other card-issuing enterprise, the "management approach" to simplify the filing process. "Management Measures" at the same time provides the record of issuing corporate record number marked on the issue of single-purpose card.

(D) the three systems.
"Management Measures" State Office "the real name Gouka system" 25 document, non-cash Gouka "system," limits Gouka "system of the three systems were refined. "Management approach", the person or entity to Buy bearer card, or a one-time purchase of 10,000 yuan (inclusive) or more secret cards, should real name Gouka. Units of one-time purchase of single-purpose card amounted to 5,000 yuan ($ 50,000) or more, or the amount of personal disposable Gouka (inclusive) above, as well as offsite Gouka units or individuals, should be made by bank transfer, shall not be used for cash . Leaflets bearer card limit of not more than 5000 yuan, leaflets anonymous card limit of not more than 1000 yuan.

(E) service specification.
"Management approach" to establish a series of single-purpose prepaid card business management system, aimed at reducing a wide range of consumer disputes, to fully protect cardholder interests. Which is more important: First, require companies to provide single-purpose card the charter or should Gouka signed Gouka agreement shall include a clear charter and agreement to buy a single-purpose card, recharge, use the back of the card, report the loss Gouka people transfer, as well as toll projects and standards, to prevent the agreement is not clear, the agreement is not complete without the knowledge of the cardholder, etc., lead to the cardholder interests are infringed. 25 document provides clear anonymous card shall not be located validity secret card is valid for a period not less than three years; should provide a more than valid there is the bearer of the fund balance card activation, card replacements and other ancillary services. Defined card-issuing enterprises in the termination of the payment 30 days prior to the unexpired single-purpose cards, publicity in the media of the filing office specified, and to the cardholder provide free withdrawal card services, in order to guarantee that the cardholder has reasonable ways, time The back of the card.

(Vi) funds management.
Against cashing risks that may arise in order to ensure the safety of funds received in advance, of the single-purpose card, "management approach" to set up the fund depository system, the provisions of the scale card-issuing enterprise, Group card issuing business and brand card issuing companies should be partially received in advance the funds entrusted to the commercial bank supervision designed to curb the card corporate super fat, spamming behavior, reduce the risk of receipts in advance funds. "Management approach" to the custody of the scale card-issuing enterprises the proportion of funds set to 20%, the ratio will not affect the ordinary course of business, but also to prevent its abuse received in advance funds. Capital settlement and management processes of the Group's card-issuing business or brand card issuing companies is more complex, the funds solvency risk has more hidden and diffusion, the "management approach" an appropriate increase in the proportion of capital depository, respectively 30% and 40%. Taking into account advances from customers funds has become an important source of funds for some of the commercial enterprises, "Management Measures" at the same time set the depository shall be credited against measures to ensure that the insurance policies, warranties and guarantees, bank guarantees, etc. instead of capital in the form of depository agreement, allowing the card-issuing enterprise, which to minimize the burden on business.

(Vii) business report.
Management approach focusing on the card-issuing enterprise process monitoring information by means of dynamic monitoring of the card-issuing enterprise. "Management approach", corporate and brand of card-issuing enterprise scale card-issuing enterprise, the Group card issuers Login Commerce Department "single-purpose commercial prepaid card business information systems, reporting on a single-purpose card business in the first quarter after the end of each quarter. Customsclearance, the system automatically to the card-issuing enterprise analysis of monitoring and reporting of data in order to achieve real-time monitoring of the card-issuing enterprise single-purpose card business.

(8) To supervise management and legal responsibilities.
"Management approach" the duties of the competent commercial departments at all levels, industry organizations, and clarified the scope of the supervision and inspection of the commerce department, the admissibility of the report with the manner in which complaints, clear irregularities punishment organs and punishment. In order to improve the management effectiveness, "management approach" established penalties publicity enterprises illegal information related interests before to keep abreast of the company's business, to give full play to the supervisory role of the community.


Attachment: "single-purpose commercial prepaid card management (Trial)" (Ministry of Commerce, 2012 Decree No. 9)





2012-09-29