Article 1 These Measures are formulated in accordance with relevant laws and regulations in order to strengthen the management of single-use commercial prepaid cards, safeguard the legitimate rights and interests of the parties and guard against capital risks.
Article 2 These Measures are applicable to enterprises as legal persons engaged in retail, accommodation, catering and residential services in People's Republic of China (PRC) (see Annex 1 for the specific industry classification table) to carry out single-use commercial prepaid card business.
The measures referred to in single-use commercial prepaid cards (hereinafter referred to as single-use cards) refer to prepaid vouchers issued by enterprises specified in the preceding paragraph, which are limited to the payment of goods or services within the enterprise or the group to which the enterprise belongs or within the franchise system of the same brand, including physical cards with magnetic stripe cards, chip cards and paper coupons as carriers and virtual cards with passwords, serial numbers, graphics and biometric information as carriers.
Article 3 A group card-issuing enterprise refers to the parent company of the group that issues single-use cards for internal use of the group. A group refers to an enterprise legal person consortium that is absolutely controlled by the same enterprise legal person.
A brand card-issuing enterprise refers to a legal person enterprise that issues a single-use card used in the same brand franchise system, owns the corporate logo or registered trademark of the brand, or is authorized to own the exclusive right to use the corporate logo or registered trademark. The same brand franchise system refers to an enterprise legal person consortium that uses the same enterprise logo or registered trademark.
A card selling enterprise refers to a group or an enterprise within the same brand franchise system designated by a group card issuing enterprise or a brand card issuing enterprise to undertake the business of single-use card sales, recharging, loss reporting, card replacement and card return.
Article 11 The filing organ shall number the registered card-issuing enterprises and make an announcement in the media designated by the Ministry of Commerce and the filing organ to provide public inquiry services.
Article 12 In the event of a change in the filing items, a change in the type of card-issuing enterprise or the termination of the single-use card business, the card-issuing enterprise shall go through the formalities for cancellation of the change at the filing authority within 15 working days from the date of the change.
Chapter III Distribution and Service
Thirteenth enterprises can issue registered cards and bearer cards, and registered cards can report the loss.
The card-issuing enterprise shall record the name, contact information, card number, usage rules and precautions of the card-issuing enterprise on the physical card-issuing surface. Group card-issuing enterprises should also indicate the group name, and brand card-issuing enterprises should indicate a unified corporate logo or registered trademark. The virtual card should also record the above information. A registered card-issuing enterprise may indicate the registration number.
Article 14 A card issuing enterprise or a card selling enterprise shall publicize or provide the articles of association of a single-use card to the card purchaser, and sign a card purchase agreement at the request of the card purchaser. The card issuing enterprise or the card selling enterprise shall fulfill the obligation of prompting and informing to ensure that the card purchaser knows and recognizes the articles of association or agreement of the single-use card.
The articles of association and the card purchase agreement of the single-purpose card shall include the following contents:
(a) the name, type and function of the single-purpose card.
(two) the purchase, recharge, use and return of single-use cards, and the registered cards should also include the methods of loss reporting and transfer.
(3) charging items and standards.
(4) The rights and obligations of the parties.
(5) Principles of dispute settlement and liabilities for breach of contract.
(six) other matters stipulated by relevant laws, regulations and normative documents.
Article 15 If an individual or unit purchases a registered card (including recharge, the same below) or an unregistered card of more than 654.38 million yuan at a time, the card issuing enterprise or the card selling enterprise shall require the card purchaser and his agent to show their valid identity documents, and keep the name of the card purchaser and his agent, the valid identity document number and contact information.
Personal valid identity documents include resident identity cards, household registration books, military identity cards, armed police identity cards, Hong Kong, Macao and Taiwan residents' passes, passports and so on. The valid identity documents of the unit include business license, institution legal person certificate, tax registration certificate, organization code certificate, etc.
Article 16 Card issuing enterprises and card selling enterprises shall keep the registration information of card purchasers for more than 5 years.
Card issuing enterprises and card selling enterprises shall keep confidential the identity information and transaction information of card purchasers and their agents, and shall not provide them to third parties unless otherwise provided by law.
Seventeenth units to buy a single-use card, or units, individuals through off-site way to buy a card, it should be transferred through the bank, not cash. The card issuing enterprise or the card selling enterprise shall register the name, account number and amount of the transfer-out and transfer-in accounts one by one.
Card issuing enterprises and card selling enterprises shall issue invoices in strict accordance with the relevant provisions of the state.
Article 18 the limit of a single registration card.
The fund balance after recharging a single single-purpose card shall not exceed the limit specified in the preceding paragraph.
Nineteenth registered cards shall not expire; The validity period of bearer cards shall not be less than 3 years.
Card issuing enterprises or card selling enterprises should provide supporting services such as activation and card replacement for bearer cards that still have fund balance beyond the validity period.
Twentieth after shopping with a single-purpose card, if it is necessary to return the goods, the card issuing enterprise or the accepting enterprise shall return the funds to the original card. If the original single-use card does not exist or the balance of funds in the card exceeds the limit of single-use card after return, it shall be returned to the same single-use card of the cardholder in the same card issuing enterprise.
Twenty-first card issuing enterprises or card selling enterprises shall provide card withdrawal services in accordance with the articles of association or agreement of single-use cards.
When handling the card withdrawal, the card issuing enterprise or the card selling enterprise shall require the card withdrawing person to show his/her valid identity document, and keep the card withdrawing person's name, valid identity document number, card withdrawing number, amount and other information.
Article 22 If a card-issuing enterprise terminates the payment of an unexpired single-use card, the card-issuing enterprise and the card-selling enterprise shall provide the cardholder with free card return service and make an announcement on the media designated by the filing organ at least 30 days before the termination of payment.
Chapter IV Fund Management
Twenty-third card issuing enterprises and card selling enterprises should regularly check the accounts related to the single-use card business, and record and liquidate the transaction data in time.
Twenty-fourth card issuing enterprises should strictly manage the funds received in advance. The funds received in advance can only be used for the main business of the card issuing enterprise, and may not be used for investment and lending in real estate, equity, securities, etc.
Twenty-fifth card issuing enterprises whose main business is retail, accommodation and catering, the balance of funds received in advance shall not exceed 40% of their main business income in the previous fiscal year; The balance of funds received in advance by card issuing enterprises whose main business is residential service industry shall not exceed their main business income in the previous fiscal year; The balance of funds received in advance by a card-issuing enterprise whose industrial and commercial registration is less than one year shall not exceed 2 times of its registered capital.
The balance of funds received in advance by the group card-issuing enterprises shall not exceed 30% of the operating income of the group in the previous fiscal year.
The term "funds received in advance" as mentioned in these Measures refers to the total amount of funds received in advance by card issuing enterprises through issuing single-purpose cards, and the balance of funds received in advance refers to the balance after deducting the paid price of goods or services from the funds received in advance.
Twenty-sixth large card-issuing enterprises, group card-issuing enterprises and brand card-issuing enterprises shall implement the fund depository system. The proportion of funds deposited by large card-issuing enterprises is not less than 20% of the balance of funds received in advance in the previous quarter; The proportion of funds deposited by the group card-issuing enterprises is not less than 30% of the balance of funds received in advance in the previous quarter; The proportion of funds deposited by brand card issuing enterprises shall not be less than 40% of the balance of funds received in advance in the previous quarter.
Article 27 Large card-issuing enterprises, group card-issuing enterprises and brand card-issuing enterprises shall determine a commercial bank account as a fund depository account and sign a fund depository agreement with the depository bank.
The fund depository agreement shall stipulate that the depository bank shall supervise the fund depository ratio of the card-issuing enterprise, refuse the instruction of over-regulating the fund depository, and provide the deposit and payment information of the card-issuing enterprise according to the requirements of the filing organ.
Twenty-eighth large card-issuing enterprises, group card-issuing enterprises and brand card-issuing enterprises can offset all or part of the deposit by means of guarantee insurance and bank guarantee.
Article 29 Large card-issuing enterprises, group card-issuing enterprises and brand card-issuing enterprises shall establish business processing systems suitable for the issuance scale of domestic single-use cards to ensure the information security and operation quality of the business processing systems.
In case of major or unrecoverable technical failure, large card-issuing enterprises, group card-issuing enterprises and brand card-issuing enterprises shall immediately report to the filing authority.
Article 30 A card-issuing enterprise shall incorporate the single-use card business into its daily management, and formulate systems such as settlement of funds received in advance, risk management, daily supervision and emergency response.
Article 31 Large card-issuing enterprises shall 15 working days after the end of each quarter, and group card-issuing enterprises and brand card-issuing enterprises shall log in to the "single-use commercial prepaid card business information system" of the Ministry of Commerce within 20 working days after the end of each quarter to fill in the single-use card business situation of the previous quarter. Other card-issuing enterprises shall fill in the Report on Single-Use Card Business of Card-issuing Enterprises before June 65438+1October 3/each year (see Annex 3 for the format).
The information provided by the card issuing enterprise shall be accurate, true and complete, and shall not be intentionally concealed or falsely reported.
Chapter V Supervision and Administration
Article 32 The competent commercial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate special emergency plans, actively prevent and properly handle major emergencies involving single-use card business within their respective administrative areas, and report to the Ministry of Commerce in a timely manner.
Article 33 The Ministry of Commerce and the competent commercial departments of local people's governments shall conduct regular or irregular on-site and off-site inspections on the business activities, internal control and risk status of card-issuing enterprises and card-selling enterprises. Card issuing enterprises and card selling enterprises should cooperate with the inspection of the competent commercial department.
Article 34 The Ministry of Commerce shall establish and improve the business information system of single-use commercial prepaid cards. The competent commercial departments of local people's governments should make full use of information technology to strengthen the supervision and management of card-issuing enterprises.
Article 35 The Ministry of Commerce and the competent commercial departments of local people's governments shall accept reports and complaints related to these Measures through the 123 12 commercial report and complaint service platform.
Reference to the above contents: zhenping county Municipal People's Government-Measures for the Administration of Single-use Commercial Prepaid Cards (Trial)