Notice of the Ministry of Transport, People's Bank, National Development and Reform Commission
Summary:Provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps Transportation Department
Provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps Transportation Department (bureau, committee), People's Bank of China Shanghai headquarters, branches, business management department, provincial capital (capital) city center sub-branch, sub-provincial city center sub-branch, provinces, autonomous regions , Municipalities, Development and Reform Commission of Xinjiang Production and Construction Corps, Public Security Bureau (Bureau), Market Supervision Bureau (Bureau, Commission), and Banking and Insurance Regulatory Bureaus:
In order to promote the healthy development of the new transportation format, strengthen the management of user deposits and prepaid funds, and effectively prevent the risk of user funds, the Ministry of Transport, the People's Bank, the National Development and Reform Commission, the Ministry of Public Security, the General Administration of Market Supervision, and the China Banking and Insurance Regulatory Commission have formulated the "Transportation New The Format of Fund Management for Format Users (Trial) is hereby issued to you, please follow it.
Ministry of Transport, People's Bank, National Development and Reform Commission
Banking and Insurance Regulatory Commission, General Administration of Market Supervision, Ministry of Public Security
May 9, 2019
(This piece is publicly released)
Measures for the Management of Funds for Users of New Transportation Types (Trial)
Chapter 1 General
Article 1 In order to promote the healthy development of the new transportation format, strengthen the management of user deposits (also known as security deposits) and prepaid funds (hereinafter collectively referred to as user funds) to effectively prevent user funds risks. According to the "E-commerce Law of the People's Republic of China" and "RMB Bank" Measures for the Administration of Settlement Accounts (Order No. 5 of 2003 of the People ’s Bank of China) Guiding Opinions of the Bureau on Encouraging and Regulating the Development of Internet Rental Bicycles (Jiaoyunfa  No. 109), and "Guiding Opinions of the Ministry of Transport on Housing and Urban-Rural Development on Promoting the Healthy Development of Small and Mini Bus Rentals" (Jiaoyunfa [2017 〔No. 110) and the Notice of the People ’s Bank of China on Improving Personal Bank Account Services and Strengthening Account Management (Yinfa  No. 392) and other regulations, and formulated these Measures.
Article 2 The new transportation format referred to in these Measures refers to the establishment of a service platform based on the Internet and other information technologies, the integration of supply and demand information through innovations in service models, technologies and management, and the operation of transportation services, including online booking Taxi, car time-sharing and internet rental bikes, etc.
Article 3 New transport business operators (hereinafter referred to as operating enterprises) that collect user funds, as well as commercial banks (hereinafter referred to as banks) and non-bank payment service institutions that provide payment settlement and depository services for user funds, shall comply with these Measures .
Article 4 Operating enterprises do not charge user deposits in principle, and if it is really necessary to collect them, they should provide two types of fund deposit methods for operating enterprise special deposit accounts and user personal bank settlement accounts for users to choose. The user deposit belongs to the user, and the operating company shall not embezzle it.
Encourage operating companies to provide services by directly charging fees after the service is over. Where services are provided by collecting user prepaid funds, the deposit and use of prepaid funds shall comply with the relevant provisions of these Measures.
Article 5 Operating enterprises shall bear the main responsibility for ensuring the safety of user funds in their special deposit accounts.
The bank bears the main responsibility for ensuring the security of the deposit in the bank settlement account of the user of the bank.
Operating companies and users can clarify the attribution of user funds through agreements.
Chapter 2 User Fund Management
Article 6 The operating enterprise shall, according to the relevant regulations, open the country ’s only bank with a registered place in mainland China as the only user deposit special deposit account and prepaid fund special deposit account (hereinafter collectively referred to as a special deposit account). As a depository bank (hereinafter referred to as a depository bank), a bank deposits user funds.
If a deposit is deposited in the user's personal bank settlement account, the operating company shall cooperate with the bank (hereinafter referred to as the cooperative bank), and the user shall open a personal bank settlement account in the cooperative bank according to the service agreement. If the user already has a personal bank settlement account in the cooperative bank , Can be directly bound to use.
Article 7 Depository banks and cooperative banks shall meet the following requirements:
(1) Have a clear functional management department and corresponding management system.
(2) With a well-established and standardized fund deposit and withdrawal account system, it is possible to carry out detailed registration of user funds according to the nature and use of funds to achieve effective fund management and registration.
(3) With perfect business management functions. Depository banks can confirm that the transfer of funds conforms to the provisions of these measures through formal examination, and prevent operating companies from misappropriating user deposits and over-limit and over-range use of user prepaid funds in accordance with relevant agreements; cooperative banks can manage bank settlement accounts in RMB and personal banks Settlement account classification management and other regulations, in accordance with the law, convenient and quick to open personal bank settlement accounts for users, and according to relevant agreements, provide funds freezing, unfreezing, transfer, balance inquiry and other services in the account.
(4) Equipped with data interfaces for related systems of operating enterprises, and can support related information docking.
(5) With a safe and efficient business processing system, it can support various peak operations of operating enterprises.
(6) Other conditions stipulated by the relevant management department according to law.
Article 8 The depository bank shall perform the duties of opening, changing and canceling special deposit accounts, depositing, clearing and accounting of user funds, and providing user depository reports in accordance with relevant laws, regulations and agreements.
The depository bank does not provide guarantees for the new transportation service between the operating enterprise and the user.
Article 9 Operating enterprises shall follow the following procedures when opening special deposit accounts:
(1) The operating enterprise shall provide the following materials to the administrative department of the new transportation format designated by the municipal people's government in the district where its registration is located (hereinafter referred to as the administrative department of the new transportation format):
1. Basic information of business registration and business registration materials;
2. Business development planning and operation organization plan;
3. User funds risk control measures.
After receiving the above materials submitted by the operating enterprise, the administrative department of the new transportation format shall provide the operating enterprise with written materials for the operation of the new transportation format within 5 working days. The operating company shall provide the written materials as proof documents for opening a special deposit account to the bank.
(2) After receiving the original application for opening a special deposit account and the certificate of account opening, the bank shall open a special deposit account for the operating company in accordance with the relevant provisions and meet the relevant information system requirements of the operating company.
(3) After completing the opening, alteration and cancellation of the special deposit account, the operating enterprise shall, within 5 working days, submit the information of account opening, alteration and cancellation to the transportation department that issues written materials for the operation of the new transportation business The written report of the administrative department of the new business form; the bank that opened the special deposit account should file the account opening, modification and cancellation information to the local branch of the People's Bank of China in accordance with the relevant provisions of the RMB bank settlement account, and copy it to the local CBRC local dispatch mechanism.
Article 10 User deposit management shall comply with the following regulations:
(1) The amount of the single deposit for time-sharing car rental shall not exceed 2% of the average bicycle cost price of the operating company's investment in operating vehicles;
(2) The operating enterprise shall specify the number of deposits and the conditions for deduction of the deposit in the service agreement signed with the user, and clearly state the deposit refund method, procedure and cycle in a prominent position on the network platform.
(3) Operating enterprises and depository banks, cooperative banks and other banks, and non-bank payment service institutions (other banks, non-bank payment service institutions will be collectively referred to as other payment service institutions hereinafter) shall provide convenient refund methods and promptly refund user deposits, Do not refuse, delay the return, or set unfair and unreasonable format terms and technical thresholds. The longest refund period for deposits for car-sharing rental users should not exceed 15 working days, and the longest refund period for deposits for Internet rental bicycle users should not exceed 2 working days.
(4) If the user's personal bank settlement account is used to deposit the user's deposit, the operating enterprise should specify in the service agreement signed with the user that the user needs to deposit the agreed amount of deposit in the personal bank settlement account opened by the cooperative bank and freeze it. To provide services, when the account balance is lower than the deposit limit or the deposit amount of funds is not in a frozen state, the operating company may no longer provide corresponding services.
(5) If the deposit of the user deposit is used in the operating company's special deposit account, the operating enterprise shall, in response to the special circumstances such as the centralized refund and the expiration of the refund period, jointly establish a bank depository and other payment service institutions to establish an emergency guarantee mechanism for the refund of the user deposit. If necessary, the operating enterprise shall advance the funds to refund the user deposit.
Article 11 User prepaid fund management shall comply with the following regulations:
(1) The total scale of user prepaid funds charged by the operating enterprise should match its service capacity, and it is strictly prohibited to collect user prepaid funds beyond the service capacity.
(2) The amount of prepaid funds within a single account of Internet rental bicycle users shall not exceed 100 yuan; the amount of prepaid funds within a single account of individual users of other new transportation modes shall not exceed 8,000 yuan, and the amount of prepaid funds within a single account of unit users shall not exceed 30,000 yuan.
(3) The operating enterprise shall clarify the conditions for the refund of the prepaid funds. If the conditions for the refund are met, the operating enterprise shall return the balance of the prepaid funds to the user in a timely manner, and shall not refuse or delay the refund, or set unfair and unreasonable format terms and technical thresholds.
(4) The operating enterprise shall establish a system for the user's prepaid fund reserve, which shall not be less than 40% of the user's prepaid fund balance.
(V) The operating company can only use the user's prepaid funds for the main business related to the service user, and cannot be used for real estate, equity, securities, bonds and other investments and loans.
Article 12 Operating enterprises can collect user funds through depository banks, cooperative banks and other payment service organizations. If they receive funds from other payment service organizations, they should sign a payment service agreement and notify the corresponding depository banks and cooperative banks. The payment service agreement should clearly indicate the user ’s funds-specific deposit account information, clarify that the user ’s fund payment information should be kept for at least 5 years, and be provided to the operating enterprise in a timely manner.
Operating companies collect user funds through other payment service agencies, and shall transfer user deposits and prepaid fund settlement balances to the corresponding user funds special deposit account on the same day (at least the next day).
Chapter III User Fund Management Agreement and Reporting Mechanism
Article 13 Operating enterprises shall sign user deposit and prepaid fund management agreements with depository banks respectively in accordance with user fund management requirements. If a deposit is held in the user's personal bank settlement account, the operating enterprise shall sign an agreement with the user and the partner bank to clarify the rights and responsibilities of all parties. Except for the necessary disclosure and regulatory requirements, operating companies are not allowed to use depository banks for marketing promotion.
Article 14 The depository bank and cooperative bank shall perform the fund depository obligations in accordance with the user's fund management agreement. Depository banks and cooperative banks perform daily account reconciliation of user funds details and balance data based on the end-of-day settlement data sent by the operating company to ensure that the accounts of both parties are consistent.
Article 15 The management agreement for the deposit of user deposits in the special deposit account of the operating enterprise shall specify the following requirements:
(1) The user deposit collected by the operating enterprise through other payment service institutions shall be transferred to the special deposit account for user deposits in accordance with regulations.
(2) When the user applies for the refund of the deposit, the operating company shall submit the refund application to the depository bank in a timely manner after verifying that there is no deposit deduction, and the depositary bank and other payment service agencies shall verify the relevant information and then apply for the refund On the day of submission (at the next day at the latest), the user will be refunded the same way. If the user's original account changes, the operating enterprise shall provide user identification information, deposit payment information and refund account information, and the depository bank and other payment service institutions shall verify and confirm the refund before returning.
(3) When the user violates the terms of the deposit deduction in the service agreement signed with the operating company, the operating company shall inform the user of the relevant situation in a timely manner, and after providing the depositary bank with relevant certification materials for the user's breach of contract or obtaining the user's authorization, the operating company Initiating a deduction instruction, the depository bank may transfer the deduction from the user ’s deposit-only deposit account to the only own bank settlement account designated by the operating company according to the agreement.
(4) No special cash account for user deposits can be withdrawn. Except for refunds to users, deductions for compensation, and withdrawal of interest payments, no transfers are allowed. The operating enterprise shall use its only designated bank settlement account specified in item (3) of this article to receive compensation and interest. Except for the refund of user deposits, the depository bank shall not transfer funds to other accounts than that account .
Article 16 The user ’s personal bank settlement account management agreement for deposit of user deposits shall specify the following requirements:
(1) The cooperative bank shall promptly notify the operating enterprise user of the deposit and freezing of deposits in personal bank settlement accounts.
(2) When the user applies for refund of the deposit, after verifying that there is no deposit deduction, the operating enterprise shall promptly submit the application for releasing the deposit freeze to the cooperative bank. After checking the relevant information, the cooperative bank shall submit the application for the release of the deposit freeze (at the latest) The next day) Unfreeze the deposit.
(3) When the user violates the deduction of deposit clause in the service agreement signed with the operating company, the operating company shall inform the user of the relevant situation in a timely manner, and shall provide the cooperative bank with relevant certification materials for the user's breach of contract or obtain the user's authorization before being initiated by the operating company With regard to the deduction instruction, the cooperative bank transfers the deduction from the user ’s personal bank settlement account to the only self-owned bank settlement account designated by the operating enterprise mentioned in Article 15 (3) of the Measures in accordance with the user ’s authorization.
(4) The cooperative bank shall transfer the funds in the user's personal bank settlement account according to the agreement with the user. When the account balance is lower than the deposit amount agreed by the user and the operating company, the cooperative bank shall promptly inform the operating company and the user.
(5) The funds outside the deposit are frozen in the user's personal bank settlement account. The user can control it himself or use it to pay for the services of the new transportation mode.
Article 17 User prepayment fund management agreement should specify the following requirements:
(1) The user's prepaid funds collected by the operating enterprise through other payment service agencies shall be transferred to the user's special deposit account for the prepaid funds in accordance with regulations.
(2) The operating enterprise shall retain the corresponding amount of funds in the user's special deposit account for prepaid funds in accordance with the user's prepaid fund reserve system. The depository bank shall handle the transfer of corresponding funds for the operating enterprise according to the provisions of the user's prepaid fund reserve ratio. When the user's prepaid fund reserve ratio is close to 40%, the depository bank shall warn the operating enterprise that it is equal to or lower than At 40%, except for the case of refunding the user, the depository bank shall not handle expenses for it.
(3) When the user applies for the refund of the prepaid fund balance according to the service agreement signed with the operating company, the operating company shall promptly submit the refund application to the depository bank, depository bank and other payment services