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Showing posts with label Finance. Show all posts

Notice of the Communist Chinese Ministry of Finance and the Ministry of Science and Technology on Issuing the Measures for the Administration of Funds for National Key Research and Development Programs

 Caijiao [2021] No. 178


All ministries and commissions of the State Council and all institutions directly under the State Council, the finance departments (bureaus) and science and technology departments (commissions and bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning, the Finance Bureau and Science and Technology Bureau of Xinjiang Production and Construction Corps, and relevant units:


In accordance with the relevant requirements of the Party Central Committee and the State Council on the reform of the management of scientific research funds and the "Several Opinions of the General Office of the State Council on Reforming and Improving the Management of Scientific Research Funds of the Central Government" (Guo Ban Fa [2021] No. 32), we have made a The Notice on Fund Management Measures for National Key R&D Programs (Cai Ke Jiao [2016] No. 113) has been revised. The revised "Administrative Measures for National Key Research and Development Program Funds" are hereby issued to you, please follow and implement.


Annex: Measures for the Administration of Funds for National Key R&D Programs


Ministry of Finance


Ministry of Science and Technology


September 29, 2021




Appendix



Measures for the Administration of Funds for National Key R&D Programs



Chapter 1 General Provisions



Article 1 In order to standardize the management and use of funds for national key R&D programs and improve the efficiency of fund use, according to the Notice of the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council on Printing and Distributing Several Opinions on Further Improving the Management of Funds for Scientific Research Projects of the Central Government Notice of the State Council on Several Measures for Optimizing Scientific Research Management and Improving Scientific Research Performance (Guo Fa [2018] No. 25), Several Opinions of the General Office of the State Council on Reforming and Improving the Management of Central Financial Research Funds (Guo Ban Fa [2021] No. 32), etc. Documents, as well as relevant national financial regulations and financial management systems, and in light of the management characteristics of national key R&D plans, these Measures are formulated.


Article 2 The national key research and development plan (hereinafter referred to as the key research and development plan) consists of a number of key special projects with clear goals and clear boundaries. Key special projects are set up, and projects can be set up according to their own characteristics and needs. Key special projects classes are subject to general budget management, and key special projects are subject to budget management.


Article 3 The funds of  key R&D plans shall be invested in a diversified manner, and the sources of funds shall be divided into central financial funds and funds from other sources. Funds from other sources include local financial funds, self-raised funds by units, and funds obtained from other channels. The central financial fund support methods include pre-subsidy and post-subsidy, and the specific support methods will be clarified when compiling key special implementation plans and annual project declaration guidelines.


Article 4 These measures mainly regulate the key R&D plan funds arranged by the central government through the use of pre-subsidy methods, and the funds supported by post-subsidy methods shall be implemented in accordance with the relevant regulations on post-subsidy of the central government's science and technology plans. Local financial funds, self-raised funds by units and funds obtained from other channels shall be arranged and used in an overall manner in accordance with the relevant financial and accounting systems of the state and the specific use and management requirements of the relevant fund providers.


Among the key R&D plan projects supported by the former subsidy method, projects that implement new organizational mechanisms such as "revelation and horse racing", can adopt fund management methods such as the contract system according to the characteristics of the project.


Article 5 The management and use of key R&D plan funds shall follow the following principles:


(1) Concentrate financial resources and highlight key points. The key R&D plan funds focus on key special R&D tasks, and focus on supporting public scientific and technological activities where the market mechanism cannot effectively allocate resources. Focus on strengthening overall planning to avoid scattered and repeated funding arrangements.


(2) Clarify powers and responsibilities, and combine delegating power with management. Government departments will no longer directly manage specific projects, and entrust professional project management institutions (hereinafter referred to as professional institutions) to carry out key special fund management; fully empower project lead units, subject undertaking units and subject participating units (hereinafter referred to as undertaking units) to manage and use scientific research project funds In terms of autonomy, the undertaking unit shall implement the legal person responsibility and improve the management service level.


(3) Follow the rules and pay attention to performance. The management and use of key research and development plan funds shall follow the laws of scientific research activities, and reflect the characteristics of key special projects and project organization and implementation. In accordance with the requirements of national financial laws and regulations, strengthen supervision during and after the event, and improve the information disclosure system. Adhere to performance orientation, strengthen classified performance evaluation and application of results, and improve the efficiency of capital use.


Article 6 The funds for key R&D plans shall be managed and held accountable at different levels. The Ministry of Finance and the Ministry of Science and Technology are responsible for researching and formulating the fund management system for key R&D plans, and organizing the preparation and evaluation of key special budget estimates. The Ministry of Finance shall, in accordance with the fund management system, examine and approve the estimated budgets for key special projects. The Ministry of Finance, the Ministry of Science and Technology, the National Audit Office, and relevant competent departments shall, according to their responsibilities and division of labor, organize the supervision and performance evaluation of the funds for key R&D programs. Professional institutions are responsible for the management and supervision of key special funds, and are responsible for organizing the budget declaration, review, release and comprehensive performance evaluation of key special projects, and organizing and carrying out supervision of project funds. The undertaking unit is the main body responsible for the management and use of project funds, and is responsible for the daily management and supervision of project funds. The person in charge of the project is directly responsible for the use of project funds, and is responsible for the compliance, rationality, authenticity and relevance of the use of funds.



Chapter II Estimated Budget Management of Key Special Projects



Article 7 Estimates for key special projects refer to the pre-estimation of the total expenses required for the implementation of special tasks within the implementation period of special projects, and are an important basis for budget arrangements for key projects. Estimates for key special projects include the total budget and the annual budget.


Article 8 Professional institutions shall, according to the objectives and tasks of key special projects, compile and report the budget estimates for key special projects in accordance with the special implementation plan and relevant requirements, and report to the Ministry of Finance and the Ministry of Science and Technology.


Article 9 The budget estimates for key special projects shall be compiled at the same time as revenue estimates and expenditure estimates to ensure the balance of revenue and expenditure.


Estimates of key special income include the estimates of central government funds and other sources of funds.


Estimates of key special expenditures include total expenditure estimates and annual expenditure estimates. Professional institutions shall, on the basis of full demonstration and scientific and rational decomposition of key special tasks, and in accordance with the principles of task relevance, appropriate allocation and economic rationality, prepare expenditure estimates according to task levels and different R&D stages.


Article 10 The Ministry of  Finance and the Ministry of Science and Technology shall entrust relevant agencies to evaluate the budget estimates for key special projects. According to the evaluation results, combined with possible financial resources, the Ministry of Finance will verify and approve the total budget and annual budget of the central financial funds for key special projects.


Article 11 Generally, the total budget of the central financial funds shall not be adjusted. If there is a major change in the objectives of key special tasks, etc., which leads to the need to adjust the total budget of the central financial funds, the professional institution shall, after performing the relevant tasks to adjust the examination and approval procedures, submit an application for adjustment, which shall be reviewed by the Ministry of Science and Technology and submitted to the Ministry of Finance for examination and approval according to the procedures. The total estimated budget remains unchanged. If the annual budget needs to be adjusted due to the adjustment of major tasks in key special projects during the year, an application shall be submitted by a professional institution, and after being reviewed by the Ministry of Science and Technology, it shall be submitted to the Ministry of Finance for approval according to the procedures.


Article 12 According to the approved budget estimates, and in light of the project task deployment, organization and implementation progress, and budget execution, professional institutions put forward proposals for annual key special budget arrangements, and submit them to the Ministry of Finance in accordance with departmental budget reporting procedures. Professional institutions without departmental budget reporting channels shall submit through the Ministry of Science and Technology. The sum of the budgets for each year of key special projects shall not exceed the total estimated budget. Strengthen the connection between budget arrangement and task implementation progress. On the premise that the overall budget and budget cycle remain unchanged, after the deployment of key special tasks is completed, the annual budget arrangement can be postponed for no more than two years.


Article 13 The Ministry of  Finance shall, in light of the opinions of the Ministry of Science and Technology, issue budgets for key special central financial funds (excluding budgets for specific projects) to professional institutions in accordance with budget management requirements, and send a copy to the Ministry of Science and Technology.


Article 14 The budgets of the central financial funds for key special projects are generally not subject to adjustment. If adjustment is necessary due to changes in estimates, etc., an application shall be submitted by a professional institution and submitted to the Ministry of Finance for approval in accordance with the procedures.


Article 15 During the implementation period of key special projects, the funds that the professional institution has not issued to the project lead unit in the current year due to the adjustment of annual tasks, etc., can be carried forward to the next year for continued use. Due to the termination of key special projects for some reason, the funds that have not been released by professional institutions shall be turned over to the central finance according to regulations.



Chapter 3 Scope of Project Fund Expenditure



Article 16 Funds for key special projects consist of direct expenses and indirect expenses.


Article 17 Direct costs refer to the costs directly related to the project implementation process. mainly includes:


(1) Equipment fee: refers to the expenses incurred in purchasing or trial-producing special instruments and equipment, upgrading existing instruments and equipment, and leasing instruments and equipment from outside units during the implementation of the project. Computational instruments and software tools can be listed in the equipment fee. The purchase of equipment should be strictly controlled, and open sharing, independent research and development, leasing of special equipment, and upgrading of existing equipment should be encouraged to avoid repeated purchases.


(2) Operational expenses: refers to the procurement, transportation, loading and unloading, sorting and other expenses of various materials, auxiliary materials and other low-value consumables consumed during the implementation of the project, as well as the expenses incurred in testing, laboratory processing, fuel power, publication/documentation, etc. /Information dissemination/Intellectual property affairs, conference/travel/international cooperation and exchange and other expenses, and other related expenses.


(3) Labor fees: refers to the labor fees paid to graduate students, postdoctoral fellows, visiting scholars, researchers employed by the project, scientific research assistants, etc. during the implementation of the project, as well as the fees paid to temporarily hired consultants, etc. .


The labor service expense standard of the personnel employed by the project shall be determined with reference to the average salary level of the employees in the local scientific research and technical service industry, and according to the work tasks they undertake in the project research.


The fees paid to the temporarily hired consultants shall not be paid to the relevant personnel involved in the research and management of this project and its subordinate projects, and its management shall be implemented in accordance with the relevant state regulations.


Article 18 Indirect expenses refer to the relevant expenses incurred by the undertaking unit in the process of organizing and implementing the project, which cannot be listed in the direct expenses. Mainly include: housing occupancy provided by the undertaking unit for project research, daily water, electricity, gas, heating, etc. consumption, subsidy expenditures related to management costs, and performance expenditures to motivate scientific researchers.



Chapter IV Project Budget Preparation and Approval



Article 19 The budget of  key special projects consists of the revenue budget and the expenditure budget. The project budget is formed by summarizing the project budget.


(1) The revenue budget includes central financial funds and funds from other sources. For funds from other sources, the situation of each channel shall be fully considered, and the capital contribution commitment of the fund provider shall be provided, and assets other than monetary funds or other central financial funds shall not be used as the source of funds.


(2) The expenditure budget shall be compiled according to the scope of capital expenditure, and the main purpose of each expenditure and the reasons for its calculation shall be explained.


Article 20 The estimated budget for this batch of tasks may be published in the annual application guidelines for key special projects.


If the project implements two rounds of application, in the pre-application stage, the project application unit will put forward the total amount of the required capital budget; in the formal application stage, the professional organization will comprehensively consider the key special budget estimates, project task settings, pre-application situation and expert advice, etc., and organize and guide the project. The reporting unit prepares the budget.


If the project implements one round of declaration, the budget shall be organized and submitted in accordance with the requirements of the formal declaration link.


Article 21 The project application unit shall formulate the budget scientifically, reasonably and truthfully in accordance with the principles of policy compliance, target relevance and economic rationality. The budget for equipment expenses, business expenses and labor service expenses shall be prepared according to the facts, and shall not be simply proportioned. prepared by. Focus on the purchase of instruments and equipment, the qualifications of participating units and the funds to be allocated, and state the existing implementation conditions and shared services that may be obtained from outside the unit. In the direct cost, except for the equipment cost of more than 500,000 yuan, other costs only provide basic calculation instructions, and do not need to provide details.


Article 22 Based on the credit situation of the undertaking unit, the total amount of indirect expenses shall be controlled, and it shall be determined according to a certain proportion that does not exceed the direct expenses of the project after deducting the equipment purchase fee. The specific ratios are as follows:


(1) 30% for the portion of RMB 5 million and below;


(2) 25% of the portion exceeding RMB 5 million to RMB 10 million;


(3) 20% of the portion over RMB 10 million.


Article 23 Indirect expenses shall be arranged and used by the undertaking unit as a whole. The undertaking unit shall establish and improve internal management measures for indirect costs, use indirect costs in an open, transparent, compliant and reasonable manner, and properly handle the relationship between the allocation of indirect costs and incentives for scientific researchers. Performance expenditure arrangements should be linked to the actual contributions of researchers to project work. The undertaking unit can use all indirect costs for performance expenditures, and favor teams and individuals with outstanding innovation performance.


If there are multiple units in the project, the indirect costs will be allocated by the project undertaking unit and participating units through negotiation within the total amount. The undertaking unit shall not repeatedly withdraw or list related expenses in the project funds in any name in addition to the approved indirect expenses.


Article 24 Professional institutions combine project review and budget review, and conduct budget review simultaneously during project review, and shall not consider the level of detail in budget preparation as a factor in reviewing the budget, and shall not simply reduce the budget in proportion.


Article 25 The budget review shall, in accordance with the normative procedures and requirements, adhere to the principles of independence, objectivity, impartiality and science, and review the policy compliance, target relevance and economic rationality of the project and project budget declaration. Review experts should meet the relevant recusal requirements.


Article 26 According to the evaluation results, professional institutions put forward suggestions on key special projects and budget arrangements.


Article 27 According to the key special budget issued by the Ministry of Finance and the review opinions of the Ministry of Science and Technology on the project arrangement proposal, the professional institution shall issue the key special project budget to the project lead unit, and sign the project task statement (including the budget) with the project lead unit.


The project task statement (including budget) is the basis for project and project budget execution, comprehensive performance evaluation and supervision and inspection. It should be based on the project declaration form, highlight performance management, clarify project assessment objectives, assessment indicators and assessment methods, and clarify the responsibilities of all parties. rights, and clarify the amount of funds of the units undertaking the project and participating units, including funds from other sources and other supporting conditions.


Article 28 Projects that implement the funding contract system do not need to prepare project budgets.



Chapter V Project Budget Execution and Adjustment



Article 29 Funds for key R&D plans shall be paid through fiscal authorization. Professional institutions shall, in accordance with the provisions of the national treasury centralized payment system, formulate a reasonable funding allocation plan according to the characteristics, research progress, and funding needs of different types of scientific research projects, and allocate the first project funds to the project lead unit within 30 days after the project task statement is signed. The proportion of the first fund allocation fully respects the opinions of the project leader, and is determined based on the annual budget of key special projects.


Article 30 The lead unit of the project shall timely allocate funds to the unit undertaking the project according to the opinions of the person in charge of the project. The project undertaking unit shall allocate funds to the project participating units in a timely manner according to the research progress. Project participating units are not allowed to transfer funds to the outside world.


When disbursing funds step by step, the project lead unit or the project undertaking unit shall not delay the disbursement of funds without any reason. For units in the above situation, professional institutions may take measures such as interviews and suspension of subsequent project funding.


Article 31 The undertaking unit shall strictly implement the relevant financial regulations and financial systems of the state, earnestly fulfill the responsibilities of a legal person in the management of scientific research project funds, correctly exercise the autonomy in the management and use of project funds, establish and improve the internal management system and reimbursement regulations for project funds, and clarify internal Manage authority and approval procedures, improve the construction of the internal control mechanism, strengthen the performance evaluation of fund use, improve the level of financial informatization, and ensure that the use of funds is safe, standardized and effective.


Article 32 The undertaking unit shall fully implement the financial assistant system for scientific research. Each subject should have a relatively fixed scientific research financial assistant. The labor cost (including social insurance subsidy and housing provident fund) required for scientific research financial assistants can be solved by the undertaking unit through scientific research project funding and other channels according to the situation.


Scientific research financial assistants should be familiar with key R&D plan projects and fund management policies, as well as the scientific research management system and process of the undertaking unit, and provide professional services for scientific research personnel in project budget preparation and adjustment, fund reimbursement, and comprehensive project performance evaluation.


Article 33 The undertaking unit shall include the funds of key R&D plan projects into the unified financial management of the unit, and separately account for the central financial funds and funds from other sources to ensure that the special funds are used exclusively. As promised, funds from other sources will be in place in a timely and full amount and used for this project.


Article 34 The undertaking unit shall establish an information disclosure system, and publicly disclose the project establishment, main researchers, fund use (focus on indirect costs, external funds, surplus fund use, etc.), purchase of large-scale instruments and equipment, and project research results within the unit and other circumstances, subject to internal supervision.


Article 35 The undertaking unit shall strictly implement the relevant state expenditure management system. Expenditures that should be settled by "official cards" shall be settled in accordance with the relevant regulations on the use of official cards for settlement of scientific research projects of the central government. For equipment, bulk materials, testing and laboratory processing, labor services, expert consultation and other expenses, in principle, it should be settled by bank transfer.


Article 36 During the implementation of the project, the undertaking unit invites domestic and foreign experts, scholars and relevant personnel to participate in the conference hosted by it due to the actual needs of scientific research activities. Reimbursement in conference fees and other expenses. For domestic travel expenses, meal subsidies, city transportation expenses and accommodation expenses for which it is difficult to obtain invoices can be implemented on a lump-sum basis. If invoices or financial bills cannot be obtained in scientific research activities such as field investigations and psychological tests, the reimbursement may be made according to the actual amount on the premise of ensuring the authenticity.


Article 37 The following acts shall not be committed in the management and use of funds for key R&D projects:


(1) Compile and report false budgets;


(2) Failure to conduct separate accounting of the funds for key R&D plans;


(3) List expenses unrelated to the tasks of this project;


(4) Failing to implement and adjust the budget as required, or transferring funds for key R&D plans in violation of regulations;


(5) Falsely promising funds from other sources;


(6) Using false contracts, false bills, fictitious matters, falsely reporting personnel, etc., to transfer, arbitrage, and reimburse key research and development plan funds;


(7) Withholding, occupying or misappropriating funds for key R&D plans;


(8) Setting up off-book accounts, arbitrarily adjusting accounts to change expenditures, modifying accounting vouchers at will, providing false financial and accounting materials, etc.;


(9) Use project funds to list relevant expenses that should be borne by individuals and pay various fines, donations, sponsorships, investments, repay debts, etc.;


(10) Other acts that violate the national financial discipline.


Article 38 The undertaking unit shall execute according to the assigned budget. During the research period of the project, the remaining annual funds will be carried over to the next year for continued use.


When it is really necessary to adjust the budget of the central financial funds, the relevant procedures shall be performed in accordance with the following adjustment scope and authority:


(1) Adjustment of the total project budget, the total project budget remains unchanged, the budget is adjusted between projects, and the project undertaking unit and project participating unit are changed. Approved in accordance with relevant regulations.


(2) If the total budget of the project remains unchanged and the budget is adjusted between the participating units, the project lead unit shall examine and approve it and report it to the professional institution for record; if the total budget of the project remains unchanged, and the budget for equipment costs is adjusted, the project leader or the participating units shall conduct research The person in charge of the task submits an application, and the unit where the unit belongs takes overall consideration of the existing equipment configuration and the actual needs of scientific research projects, and goes through the approval procedures in a timely manner.


(3) The adjustment of other direct expenses other than the equipment fee shall be arranged by the person in charge of the project or the person in charge of the research task of the participating unit according to the actual needs of scientific research activities. The undertaking unit shall improve the internal management system in accordance with the relevant provisions of the state.


(4) The total budget of the project indirect expenses shall not be increased. After consultation between the project undertaking unit and the person in charge of the project, it can be adjusted and reduced to direct expenses; if the total amount of project indirect expenses remains unchanged, and the transfer between project participating units, the project shall bear The unit and the participating units are negotiated and determined.


If the total amount of funds from other sources of the project remains unchanged and is transferred between different units, the project lead unit shall examine and approve the implementation on its own, and report it to the professional institution for the record.


Article 39 The lead unit of the project shall submit the annual project implementation report (including financial implementation) after the summary and review to the professional institution before the end of November each year. The content of the report should be true and complete, and the accounts should be consistent. If the project has been implemented for less than 3 months, it can be reported together in the next year.


Article 40 For projects that implement the contracting system, the undertaking unit shall formulate internal management regulations, strengthen the management, guidance and supervision of the use of funds, and ensure the safe, standardized and effective use of funds. The person in charge of the project independently decides on the use of funds on the basis of promising to abide by the requirements of scientific research ethics and integrity, and that all funds will be used for expenditures related to the research work of this project. After the project execution period expires, the person in charge of the project shall prepare the final accounts of the project funds, which shall be reported to professional institutions after being reviewed by the undertaking unit.


Article 41 During the implementation of the project, the fixed assets formed by administrative institutions using central financial funds are state-owned assets and shall be implemented in accordance with the state's regulations on the management of state-owned assets. The fixed assets formed by enterprises using central financial funds shall be implemented in accordance with the "General Principles of Enterprise Finance" and other relevant rules and regulations.


The management of intangible assets such as intellectual property rights formed by the undertaking unit using central financial funds shall be implemented in accordance with relevant state regulations.


Large-scale scientific instruments and equipment, scientific data, natural scientific and technological resources, etc. formed using central financial funds shall be open and shared in accordance with regulations.


Article 42 When a project or project is cancelled or terminated for any reason, the project lead unit or project undertaking unit shall clean up the accounts and assets in a timely manner, prepare financial reports and asset lists, and submit them to professional institutions. The professional organization organizes the inventory and processing, confirms and recovers the surplus funds, and makes overall plans for the follow-up expenditures of key R&D plans. Income from disposal of purchased materials, materials and equipment shall be implemented in accordance with relevant state regulations.



Chapter VI Project Comprehensive Performance Evaluation



Article 43 After the  project execution period expires, the project lead unit shall promptly organize the project undertaking unit to clean up the accounts and assets, and truthfully prepare the project fund final accounts.


Article 44 A professional institution shall conduct a one-time comprehensive performance evaluation at the end of the project implementation period in strict accordance with the project assignment statement (including the budget).


Article 45 After the  project implementation period expires, the project undertaking unit shall hire an accounting firm to carry out the project conclusion financial audit. The final financial audit report is an important basis for the comprehensive performance evaluation of the project.


After the undertaking unit with outstanding innovation ability and potential, outstanding innovation performance, and good scientific research integrity is identified according to the procedures, it can no longer carry out the final financial audit, and the project fund final account statement issued by it will be used as the basis for the comprehensive performance evaluation of the project. The undertaking unit shall be responsible for the authenticity, completeness and accuracy of the contents of the final account statement, and professional institutions shall organize random inspections in a timely manner.


Article 46 After the  project lead unit organizes the project undertaking unit to complete the preparation of the project comprehensive performance evaluation materials, it will apply to the professional institution.


Article 47 Professional institutions shall organize comprehensive performance evaluation of projects in accordance with relevant regulations, verify the balance of central financial funds for each subject, and form comprehensive project performance evaluation conclusions. Among them, if the use of funds has serious violations of laws and regulations, it will be dealt with canceling the project evaluation qualification, withdrawing the project or project funds, and failing to pass the comprehensive performance evaluation of the project.


Article 48 The project undertaking unit shall go through the financial settlement procedures in a timely manner within one month after the completion of the comprehensive performance evaluation of the project.


If the project completes the task objectives and passes the comprehensive performance evaluation of the project, the surplus funds will be retained for the use of the undertaking unit, and will be used for the direct expenditure of scientific research activities as a whole. The undertaking unit should give priority to the scientific research needs of the original project team, strengthen the management of surplus funds, improve the mechanism for revitalizing surplus funds, and speed up the progress of the use of funds.


If the project fails to complete the task objectives, or the project fails to pass the comprehensive performance evaluation, the remaining funds will be recovered by professional institutions and used as a whole for the follow-up expenditures of key R&D plans.



Chapter VII Supervision and Inspection



Article 49 The Ministry of  Finance, the Ministry of Science and Technology, the National Audit Office, relevant competent departments, professional institutions and undertaking units shall, according to their responsibilities and division of labor, establish a fund supervision mechanism covering the entire process of fund management and use. Strengthen the coordination of audit supervision, financial and accounting supervision and daily supervision, strengthen the synergy of supervision, strengthen information sharing, and avoid overlapping and duplication.


Article 50 The Ministry of Science and Technology and the Ministry of Finance shall supervise the annual plans and implementation plans according to the funds of key R&D plans, and make full use of big data and other information technology means to carry out supervision through random inspections, reporting and verification, etc.; The standardization and effectiveness of the management of key special funds, the responsibility and internal control of the entity's legal person, the timeliness of project fund allocation, and the standardization, safety and effectiveness of project fund management and use are subject to spot checks.


Article 51 The relevant competent departments shall urge the subordinate units to strengthen the construction of the internal control system and supervision and restriction mechanism, implement the responsibilities for the management of funds for key special projects, and cooperate with the Ministry of Finance and the Ministry of Science and Technology to carry out supervision, inspection and rectification work.


Article 52 Professional institutions shall organize and carry out supervision over the management and use of project funds; for projects with an implementation period of less than three years, self-management by the undertaking unit shall be the main priority, and process supervision shall generally not be carried out. For the undertaking units that have found more problems during the supervision, take warning, guidance and training to strengthen the prior risk warning and prevention and control of the undertaking units. Professional institutions shall summarize the management and supervision of key special funds for the year at the end of each year, and include them in the annual implementation report to the Ministry of Science and Technology.


Article 53 The undertaking unit shall, in accordance with these Measures and relevant national financial regulations and financial management regulations, improve the supervision and restriction mechanism, dynamically supervise the use of funds and provide real-time early warning and reminders, strengthen the construction of supporting service conditions, improve the service level for scientific researchers, and establish The normalized self-examination and self-correction mechanism ensures the safety of project funds.


The leading unit of the project shall strengthen the guidance and supervision of the unit undertaking the project, and actively cooperate with the supervision and inspection of relevant departments and institutions.


Article 54 In the event  that the undertaking unit, project leader, project leader, etc. have the circumstances related to Article 37, the Ministry of Science and Technology, the Ministry of Finance, and professional institutions shall, in accordance with relevant regulations, order rectification, interview, circulate criticism, Measures such as suspending project funding, terminating project implementation, recovering project balance funds, recovering allocated funds, phased or permanent restrictions on project applicants' qualifications for project application, and making relevant results public. If a crime is suspected, it shall be transferred to the relevant authorities for handling.


If important doubts and clues are found in the process of supervision, inspection and acceptance and need in-depth verification, the Ministry of Science and Technology and the Ministry of Finance may transfer them to the competent departments of the relevant units. The competent department shall conduct inspections in a timely manner in accordance with relevant regulations and requirements, and feed back the inspection results and handling opinions to the Ministry of Science and Technology and the Ministry of Finance.


Article 55 Subjects who have been formally dealt with as stipulated in Article 54 of these Measures, those responsible for violating regulations or laws and causing serious consequences or adverse effects shall be included in the management of credit records. Connect with other social credit systems and implement joint punishment.


Article 56 The fund management of key R&D plans shall implement a system of retrospective investigation and accountability. The Ministry of Finance, the Ministry of Science and Technology and their relevant staff are in the review and release of key special budget estimates, professional institutions and their relevant staff are in the process of fund allocation for key special projects, and accounting firms, consulting and evaluation experts, etc. are in the final audit and evaluation. Those who violate the regulations by arranging funds or other violations of laws and regulations, such as abuse of power, neglect of duty, and favoritism, shall be ordered to make corrections in accordance with the law, and the responsible leaders and directly responsible personnel shall be punished in accordance with the law; if a crime is suspected, it shall be transferred to the relevant organs for handling according to law.


Article 57 The Ministry of  Science and Technology and the Ministry of Finance shall, in accordance with the relevant provisions on credit management, record and evaluate the credit of professional institutions, undertaking units, project (project) leaders, accounting firms, consulting and evaluation experts, etc. that participate in the management and use of funds. And strengthen the application of credit results.



Chapter VIII Supplementary Provisions



Article 58 The key special projects whose management requirements are otherwise stipulated shall be implemented in accordance with the relevant regulations. The Ministry of Finance and the Ministry of Science and Technology are responsible for the interpretation of these Measures.


Article 59 These Measures shall come into force on the date of promulgation.

Annual Salary of Chief Accountant of Chinese Communist State Owned Central Enterprises (2020)

 Disclaimer: This article is written by the author of Huishuo, and the views only represent individuals and do not represent the vision of Chinese accounting. Some pictures in the article come from the Internet, thanks to the original author.



According to the remuneration disclosure of the heads of central enterprises in 2020, this article discloses a total of 96 enterprises. Generally speaking, the remuneration of chief accountants is not significantly different from that of other executives.

Among the 96 companies: there are 65 chief accountants who have disclosed their salaries in 2020 and whose term of office is one year in 2020. The salary levels of these 65 people are:

The pre-tax remuneration payable in 2020 (excluding the previous annual remuneration paid in 2020) is an average of 642,800 yuan and a median of 672,900 yuan.

The total income of the unit's contribution including social insurance, enterprise annuity , supplementary medical insurance and housing provident fund averaged 789,500 yuan, with a median of 822,100 yuan.


Overseas subsidiaries of Xiamen C&D Inc. controlled by the Xiamen government of the Communist Party of China中共厦门政府控制的厦门建发股份有限公司的境外子公司

 子公司名称 主要经营地 记账本位币

昌富利(香港)贸易有限公司 香港 港币

香港天源贸易有限公司 香港 港币

恒裕通有限公司 香港 港币

香港海裕有限公司 香港 港币

Megrez Shipping Co., Limited 香港 港币

Merak Shipping Co., Limited 香港 港币

Alioth Shipping Co., Limited 香港 港币

Alkaid Shipping Co., Limited 香港 港币

Dubhe Shipping Co., Limited 香港 港币

Mizar Shipping Co., Limited 香港 港币

Phecda Shipping Co., Limited 香港 港币

香港建发海事有限公司 香港 港币

建洋航运有限公司 英属维尔京群岛 港币

香港建富海洋工程有限公司 香港 港币

香港建荣航运有限公司 香港 港币

香港建盛航运有限公司 香港 港币

裕合通有限公司 香港 港币

香港纸源有限公司 香港 港币

香港恒驰国际公司 香港 港币

Rocksolid Shipping Co., Limited 香港 港币

Woodside Shipping Co., Limited 英属维尔京群岛 港币

Prochain Service Co., Limited 香港 港币

厦联发有限公司 香港 港币

兆益发展有限公司 香港 港币

益鸿国际有限公司 香港 港币

益能国际有限公司 香港 港币

嘉昱(香港)有限公司 香港 港币

Global Touch Holdings Limited 香港 港币

New Merit Holdings Limited 香港 港币

宝石置业有限公司 香港 港币

利百(荷兰)有限公司 香港 港币

利百控股有限公司 香港 港币

益悦(香港)有限公司 香港 港币

建发国际投资集团有限公司 香港 港币

利驰(香港)有限公司 香港 港币

利杰(香港)有限公司 香港 港币

建发置业(香港)集团有限公司 香港 港币

建悦控股有限公司 香港 人民币

TSCF Lushan (HK) Holdings Co., Limited 香港 人民币

建发(新加坡)商事有限公司 新加坡 美元

欧森莱德海事私人有限公司 新加坡 美元

C&D (USA) INC. 芝加哥 美元

C&D MIDDLE EAST DMCC 迪拜 美元

JF RESOURCES (CAMBODIA) CO., LTD 金边 美元

Lee Jie International Limited 英属维尔京群岛 美元

CDMAAustralia Pty Ltd. 悉尼 澳币

LFMAAustralia Pty Ltd. 悉尼 澳币

Metro Award Tallawong Pty Ltd. 悉尼 澳币

Metro Politan Investments Holding Group Pty Ltd. 悉尼 澳币

C&D (CANADA) IMPORT & EXPORT INC. 多伦多 加拿大元

越南天源贸易有限公司 胡志明市 越南盾

建发金属韩国株式会社 首尔 韩元

GETOP (THAILAND) CO., LTD 曼谷 泰铢

CHEONGFULI (MALAYSIA) SDN BHD 吉隆坡 林吉特

新加坡建源供应链管理有限公司 新加坡 美元

Evergrow Shipping Co., Limited 香港 港币

Everup Shipping Co., Limited 香港 港币

Peony Shipping Co., Limited 香港 港币

Scorpio Shipping Co., Limited 香港 港币

Libra Shipping Co., Limited 香港 港币

Capricorn Shipping Co., Limited 香港 港币

Aquila Shipping Co., Limited 香港 港币

Aquarius Shipping Co., Limited 香港 港币

Aglaia Shipping Co., Limited 香港 港币

Erato Shipping Co., Limited 香港 港币

建发物业管理集团有限公司 英属维尔京群岛 美元

english translation

 Subsidiary name Main business place bookkeeping currency


Chang Fuli (Hong Kong) Trading Co., Ltd. Hong Kong Hong Kong dollars


Hong Kong Tianyuan Trading Co., Ltd. Hong Kong Hong Kong dollars


Heng Yutong Co., Ltd. Hong Kong Hong Kong dollars


Hong Kong Haiyu Co., Ltd. Hong Kong Hong Kong dollars


Megrez Shipping Co., Limited Hong Kong HKD


Merak Shipping Co., Limited Hong Kong HKD


Alioth Shipping Co., Limited Hong Kong HKD


Alkaid Shipping Co., Limited Hong Kong HKD


Dubhe Shipping Co., Limited Hong Kong HKD


Mizar Shipping Co., Limited Hong Kong HKD


Phecda Shipping Co., Limited Hong Kong HKD


Hong Kong C&D Marine Co., Ltd. Hong Kong Hong Kong dollars


Jianyang Shipping Co., Ltd. British Virgin Islands HKD


Hong Kong Grenfell Marine Engineering Co., Ltd. Hong Kong HKD


Hong Kong Kin Wing Shipping Co., Ltd. Hong Kong Hong Kong dollars


Hong Kong Jiansheng Shipping Co., Ltd. Hong Kong Hong Kong dollars


Yuhetong Co., Ltd. Hong Kong Hong Kong dollars


Hong Kong Paper Source Co., Ltd. Hong Kong HKD


Hong Kong Hengchi International Company Hong Kong Hong Kong Dollar


Rocksolid Shipping Co., Limited Hong Kong HKD


Woodside Shipping Co., Limited British Virgin Islands HKD


Prochain Service Co., Limited Hong Kong HKD


Xiamen Lianfa Co., Ltd. Hong Kong Hong Kong dollars


Zhao Yi Development Co., Ltd. Hong Kong Hong Kong dollars


Yihong International Co., Ltd. Hong Kong Hong Kong dollars


ENERGY INTERNATIONAL LIMITED Hong Kong Hong Kong Dollar


Jiayu (Hong Kong) Co., Ltd. Hong Kong Hong Kong dollars


Global Touch Holdings Limited Hong Kong HKD


New Merit Holdings Limited Hong Kong HKD


Gem Properties Limited Hong Kong HKD


Liberty (Netherlands) Co., Ltd. Hong Kong Hong Kong dollars


Liberty Holdings Limited Hong Kong HKD


Yiyue (Hong Kong) Co., Ltd. Hong Kong Hong Kong dollars


C&D International Investment Group Co., Ltd. Hong Kong Hong Kong dollars


Lee Chi (Hong Kong) Co., Ltd. Hong Kong Hong Kong dollars


Lijie (Hong Kong) Co., Ltd. Hong Kong Hong Kong dollars


C&D Real Estate (Hong Kong) Group Co., Ltd. HKD


Jianyue Holdings Limited Hong Kong RMB


TSCF Lushan (HK) Holdings Co., Limited Hong Kong RMB


C&D (Singapore) Commercial Co., Ltd. Singapore Dollar


Ocean Ryder Maritime Pte Ltd Singapore Dollars


C&D (USA) INC. Chicago Dollars


C&D MIDDLE EAST DMCC Dubai Dollar


JF RESOURCES (CAMBODIA) CO., LTD Phnom Penh USD


Lee Jie International Limited British Virgin Islands USD


CDMAAustralia Pty Ltd. Sydney AUD


LFMAAustralia Pty Ltd. Sydney AUD


Metro Award Tallawong Pty Ltd. Sydney AUD


Metro Politan Investments Holding Group Pty Ltd. Sydney AUD


C&D (CANADA) IMPORT & EXPORT INC. Toronto Canadian Dollar


Vietnam Tianyuan Trading Co., Ltd. Ho Chi Minh City VND


C&D Metal Korea Co., Ltd. Seoul Won


GETOP (THAILAND) CO., LTD Bangkok Thai Baht


CHEONGFULI (MALAYSIA) SDN BHD Kuala Lumpur Ringgit


Singapore Jianyuan Supply Chain Management Co., Ltd. Singapore Dollars


Evergrow Shipping Co., Limited Hong Kong HKD


Everup Shipping Co., Limited Hong Kong HKD


Peony Shipping Co., Limited Hong Kong HKD


Scorpio Shipping Co., Limited Hong Kong HKD


Libra Shipping Co., Limited Hong Kong HKD


Capricorn Shipping Co., Limited Hong Kong HKD


Aquila Shipping Co., Limited Hong Kong HKD


Aquarius Shipping Co., Limited Hong Kong HKD


Aglaia Shipping Co., Limited Hong Kong HKD


Erato Shipping Co., Limited Hong Kong HKD


C&D Property Management Group Limited British Virgin Islands USD

2021 Financial Statistics Report of Communist China



1. Broad money increased by 9%, narrow money increased by 3.5%

At the end of December, the balance of broad money (M2) was 238.29 trillion yuan, a year-on-year increase of 9%, and the growth rate was 0.5 percentage points higher than that at the end of last month and 1.1 percentage points lower than the same period last year; the balance of narrow money (M1) was 64.74 trillion yuan, a year-on-year increase of 64.74 trillion yuan. An increase of 3.5%, the growth rate was 0.5 percentage points higher than that at the end of last month, and 5.1 percentage points lower than the same period last year; the balance of currency (M0) in circulation was 9.08 trillion yuan, a year-on-year increase of 7.7%. The net investment in cash for the year was 651 billion yuan.


2. RMB loans increased by 19.95 trillion yuan, and foreign currency loans increased by 45.7 billion US dollars


At the end of December, the balance of domestic and foreign currency loans was 198.51 trillion yuan, a year-on-year increase of 11.3%. The balance of RMB loans at the end of the month was 192.69 trillion yuan, an increase of 11.6% year-on-year, and the growth rate was 0.1 and 1.2 percentage points lower than the end of the previous month and the same period of the previous year, respectively.


In the whole year, RMB loans increased by 19.95 trillion yuan, a year-on-year increase of 315 billion yuan. By sector, household loans increased by 7.92 trillion yuan, of which short-term loans increased by 1.84 trillion yuan, medium and long-term loans increased by 6.08 trillion yuan; corporate (institutional) loans increased by 12.02 trillion yuan, of which short-term loans increased by 9468 yuan RMB 100 million, medium and long-term loans increased by 9.23 trillion yuan, bill financing increased by 1.5 trillion yuan; loans to non-banking financial institutions decreased by 84.7 billion yuan. In December, RMB loans increased by 1.13 trillion yuan, a decrease of 123.4 billion yuan year-on-year.


At the end of December, the balance of foreign currency loans was US$912.9 billion, a year-on-year increase of 5.3%. In the whole year, foreign currency loans increased by USD 45.7 billion, a decrease of USD 34.5 billion year-on-year. Foreign currency loans fell by $36.1 billion in December, down $1.6 billion from a year earlier.


3. RMB deposits increased by 19.68 trillion yuan, and foreign currency deposits increased by 107.7 billion US dollars


At the end of December, the balance of local and foreign currency deposits was 238.61 trillion yuan, a year-on-year increase of 9.3%. The balance of RMB deposits at the end of the month was 232.25 trillion yuan, a year-on-year increase of 9.3%, and the growth rate was 0.7 percentage points higher than that at the end of the previous month and 0.9 percentage points lower than the same period last year.


In the whole year, RMB deposits increased by 19.68 trillion yuan, a year-on-year increase of 32.3 billion yuan. Among them, household deposits increased by 9.9 trillion yuan, non-financial corporate deposits increased by 3.76 trillion yuan, fiscal deposits increased by 561.7 billion yuan, and non-banking financial institution deposits increased by 4.01 trillion yuan. In December, RMB deposits increased by 1.16 trillion yuan, a year-on-year increase of 1.37 trillion yuan.


At the end of December, the balance of foreign currency deposits was US$996.9 billion, a year-on-year increase of 12.1%. For the whole year, foreign currency deposits increased by US$107.7 billion, a decrease of US$23.8 billion year-on-year. In December, foreign currency deposits fell by $21.1 billion, an increase of $19.5 billion year-on-year.


4. In December, the monthly weighted average interest rate of interbank RMB market interbank lending was 2.02%, and the monthly weighted average interest rate of pledged bond repurchase was 2.09%


During the year, the inter-bank RMB market in the form of lending, spot bonds and repurchase transactions totaled 1,378.38 trillion yuan, with an average daily transaction of 5.51 trillion yuan, a year-on-year increase of 2.5%. Among them, the average daily transaction of interbank lending decreased by 19.6% year-on-year, the average daily transaction of spot bonds decreased by 8.3% year-on-year, and the average daily transaction of pledged repo increased by 8.8% year-on-year.


The weighted average interest rate of interbank lending in December was 2.02%, 0.01 percentage points lower than the previous month and 0.72 percentage points higher than the same period of the previous year; the weighted average interest rate of pledged repurchases was 2.09%, 0.03 percentage points higher than the previous month and the same period of the previous year respectively. and 0.73 percentage points.


5. The balance of national foreign exchange reserves is 3.25 trillion US dollars


At the end of December, the national foreign exchange reserve balance was 3.25 trillion US dollars. At the end of December, the RMB exchange rate was 6.3757 yuan per US dollar.


6. In 2021, the RMB settlement business of cross-border trade will generate 7.94 trillion yuan, and the RMB settlement business of direct investment will generate 5.8 trillion yuan.


In 2021, cross-border trade in goods, trade in services and other current accounts, foreign direct investment, and foreign direct investment settled in RMB will generate 5.77 trillion yuan, 2.17 trillion yuan, 1.64 trillion yuan, and 4.16 trillion yuan respectively.


Note 1: The current data are preliminary figures.


Note 2: Since 2015, RMB, foreign currency and domestic and foreign currency deposits include deposits from non-banking financial institutions, and RMB, foreign currency and domestic and foreign currency loans include loans to non-banking financial institutions.


Note 3: Loans to enterprises (institutions) in the report refer to loans from non-financial enterprises and institutions.

2021 Social Financing Balances Statistics Report of China

 2022-01-13 09:32 Source: People's Bank of China website    

Preliminary statistics show that the stock of social financing at the end of 2021 is 314.13 trillion yuan, a year-on-year increase of 10.3%. Among them, the balance of RMB loans issued to the real economy was 191.54 trillion yuan, an increase of 11.6% year-on-year; the balance of foreign currency loans issued to the real economy was 2.23 trillion yuan, a year-on-year increase of 6.3%; the balance of entrusted loans was 10.87 trillion yuan , down 1.6% year-on-year; the balance of trust loans was 4.36 trillion yuan, down 31.3% year-on-year; the balance of undiscounted bank acceptance bills was 3.01 trillion yuan, down 14% year-on-year; the balance of corporate bonds was 29.93 trillion yuan, up 8.6% year-on-year %; the balance of government bonds was 53.06 trillion yuan, a year-on-year increase of 15.2%; the domestic stock balance of non-financial companies was 9.48 trillion yuan, a year-on-year increase of 15%.


In terms of structure, the balance of RMB loans issued to the real economy at the end of December accounted for 61% of the balance of social financing in the same period, a year-on-year increase of 0.7 percentage points; the balance of foreign currency loans issued to the real economy in RMB accounted for 0.7%, the same year-on-year; entrusted loans The balance accounted for 3.5%, down 0.4 percentage points year-on-year; the balance of trust loans accounted for 1.4%, down 0.8 percentage points year-on-year; the balance of undiscounted bank acceptance bills accounted for 1%, down 0.2 percentage points year-on-year; the balance of corporate bonds accounted for 9.5% %, a year-on-year decrease of 0.2 percentage points; the balance of government bonds accounted for 16.9%, a year-on-year increase of 0.7 percentage points; the domestic stock balance of non-financial enterprises accounted for 3%, a year-on-year increase of 0.1 percentage points.


Note 1: The stock of social financing scale refers to the balance of funds obtained by the real economy from the financial system at the end of a certain period (month-end, quarter-end or year-end). The data comes from the People's Bank of China, China Banking and Insurance Regulatory Commission, China Securities Regulatory Commission, China Central Depository & Clearing Co., Ltd., and the National Association of Financial Market Institutional Investors.


Note 2: Since December 2019, the People's Bank of China has further improved the statistics on the scale of social financing, including "national debt" and "general government bonds" into the statistics of social financing scale, and merged with the original "local government special bonds" into "government bonds" Indicator, the indicator value is the custody face value of the custodian institution; since September 2019, the People's Bank of China has improved the statistics of "corporate bonds" in "social financing scale", and included "exchange enterprise asset-backed securities" into the "corporate bond" indicator; 2018 Since September 2018, the People's Bank of China has included "local government special bonds" into the statistics on the scale of social financing; since July 2018, the People's Bank of "Included in the statistics of social financing scale, and listed separately under "Other financing".


Note 3: The year-on-year data in the text are comparable.

Chinese Communist Measures for the Administration of Related Transactions of Banking and Insurance Institutions violated IAS 24 directly



Measures for the Administration of Related Transactions of Banking and Insurance Institutions

China Banking and Insurance Regulatory Commission Order [2022] No. 1

Issuing authority: China Banking and Insurance Regulatory Commission

Text number: China Banking and Insurance Regulatory Commission Order [2022] No. 1

Source: CBIRC website

Topic classification: Finance, Finance, Audit\Insurance

Types of documents: command (order)

Chapter 1 General Provisions

Article 1 In order to strengthen prudential supervision, regulate the related transactions of banking and insurance institutions, prevent related transaction risks, and promote the safe, independent and stable operation of banking and insurance institutions, in accordance with the Company Law of the People's Republic of China and the Banking Supervision and Administration Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, the Insurance Law of the People's Republic of China, and the Trust Law of the People's Republic of China, these Measures are formulated.

Article 2 Bancassurance institutions as mentioned in these Measures include banking institutions, insurance institutions and trust companies, financial asset management companies, financial leasing companies, auto finance companies and consumer finance companies legally established within the territory of the People's Republic of China.

Banking institutions refer to commercial banks, policy banks, village banks, rural credit cooperatives, and rural cooperative banks legally established within the territory of the People's Republic of China.

Insurance institutions refer to insurance group (holding) companies, insurance companies and insurance asset management companies legally established within the territory of the People's Republic of China.

Article 3 Banking and insurance institutions shall abide by laws and regulations and relevant regulatory provisions when conducting Related transactions, improve corporate governance structure, improve internal control and risk management, and follow the principles of good faith, openness and fairness, penetrating identification, and clear structure.

Bancassurance institutions shall not conduct interest transfer or regulatory arbitrage through related transactions, and shall take effective measures to prevent affiliates from taking advantage of their special status to infringe upon the interests of bancassurance institutions through Related transactions.

Bancassurance institutions shall maintain operational independence, improve market competitiveness, control the number and scale of Related transactions, avoid complex arrangements such as multi-level nesting, and focus on preventing risks of transferring benefits to shareholders and their affiliates.

Article 4 The China Banking and Insurance Regulatory Commission and its dispatched offices shall supervise and administer the related transactions of banking and insurance institutions in accordance with the law.

Chapter II Related Parties

Article 5 A related party of a bancassurance institution refers to a natural person, legal person or unincorporated organization that exists with a bancassurance institution and one party controls the other party, or exerts a significant influence on the other party, and is controlled or significantly influenced by one party with the bancassurance institution. .

Article 6 The Related natural persons of banking and insurance institutions include:

(1) The natural person controlling shareholder and actual controller of the banking and insurance institution, as well as persons acting in concert and the ultimate beneficiary;

(2) A natural person who holds or controls more than 5% of the equity of a bancassurance institution, or a natural person who holds less than 5% of the equity but has a significant influence on the operation and management of the bancassurance institution;

(3) Directors, supervisors, and senior managers of the head office (head office) and important branches (branch companies) of banking and insurance institutions, as well as personnel with the approval or decision-making authority for core businesses such as large-amount credit, asset transfer, and insurance fund utilization;

(4) The spouses, parents, adult children and brothers and sisters of the related parties listed in items (1) to (3) of this article;

(5) Directors, supervisors and senior managers of related parties listed in Items (1) and (2) of Article 7 of these Measures.

Article 7 The Related legal person or unincorporated organization of a bancassurance institution includes:

(1) The legal person controlling shareholder, actual controller, and persons acting in concert and ultimate beneficiaries of the banking and insurance institution;

(2) Legal persons or unincorporated organizations that hold or control more than 5% of the equity of a bancassurance institution, or hold less than 5% of the shares but have a significant impact on the operation and management of the bancassurance institution, and their controlling shareholders, actual controllers, and concerted actions person, ultimate beneficiary;

(3) The legal person or unincorporated organization controlled or exerted significant influence by the related party listed in item (1) of this article, and the legal person or unincorporated organization controlled by the related party listed in item (2) of this article;

(4) Legal persons or unincorporated organizations controlled or exerted significant influence by banking and insurance institutions;

(5) Legal persons or unincorporated organizations controlled or exerted significant influence by related parties listed in Item (1) of Article 6 of these Measures; legal entity.

Article 8 Banking and insurance institutions may, in accordance with the principle of substance over form and penetration, identify the following natural persons, legal persons or unincorporated organizations as related parties:

(1) One of the circumstances specified in Articles 6 and 7 of these Measures has occurred within the past 12 months or within the next 12 months according to relevant agreements;

(2) Other close family members of the related parties listed in Items (1) to (3) of Article 6 of these Measures;

(3) Internal staff of banking and insurance institutions and the legal persons or other organizations they control;

(4) Items (2) (3) of Article 6 of these Measures, and legal persons or unincorporated organizations whose affiliates listed in Item (2) of Article 7 may exert significant influence;

(5) A natural person, legal person or unincorporated organization that has an influence on banking and insurance institutions, or has or may have transactions with banking and insurance institutions that do not comply with commercial principles and that are unfair, and which can be used to obtain benefits from the transactions.

Article 9 The CBIRC or its dispatched offices may, according to the principle of substance over form and penetration, identify natural persons, legal persons or unincorporated organizations that may lead to the transfer of interests of banking and insurance institutions as related parties.

Chapter III Related Transactions

Article 10 The Related transaction of a bancassurance institution refers to the transfer of interests between a bancassurance institution and a related party.

Article 11 Banking and insurance institutions shall, in accordance with the principle of substance over form and penetration, identify, identify and manage Related transactions and calculate the amount of Related transactions.

When calculating the balance of related-party transactions between a related natural person and a bancassurance institution, the related-party transactions of their spouses, parents, adult children, brothers and sisters, etc. with the bancassurance institution shall be calculated together; When the balance is calculated, the associated transactions between the legal person or unincorporated organization with which it has a controlling relationship and the banking insurance institution shall be calculated on a consolidated basis.

Article 12 The CBIRC or its dispatched offices may identify related party transactions based on the principles of substance over form and penetrating supervision.

The CBIRC may set or adjust the regulatory ratio of related party transactions applicable to bancassurance institutions based on the corporate governance status of the bancassurance institution, the risk status of related party transactions, and the type and characteristics of the institution.

Section 1 Related Transactions of Banking Institutions

Article 13 The Related transactions of banking institutions include the following types: 

(1) Credit-granting related-party transactions: refers to the financial support provided by the banking institution to the related parties, or the guarantee of the related parties’ compensation and payment responsibilities that may arise in the relevant economic activities, including loans (including trade financing), bill acceptance and discounting, overdraft, bond investment, investment in specific-purpose vehicles, issuance of letters of credit, factoring, guarantees, letters of guarantee, loan commitments, securities repurchase, lending, and other on- and off-balance sheet businesses where the credit risk is substantially borne by banking institutions;

(2) Asset transfer related transactions: including the purchase and sale of movable and immovable properties for self-use between banking institutions and related parties, the purchase and sale of credit assets and the right to receive (receive) benefits, and the receipt and disposal of foreclosed assets;

(3) Service-related transactions: including credit assessment, asset assessment, legal services, consulting services, information services, audit services, technology and infrastructure services, property leasing, and entrusted or entrusted sales, etc.;

(4) Deposits and other types of related party transactions, and matters that may lead to the transfer of interests of the banking institution as determined in accordance with the principle of substance over form.

Article 14 The Related transactions of banking institutions are divided into major Related transactions and general Related transactions.

Significant related-party transactions of banking institutions refer to transactions in which a single transaction between a banking institution and a single related party reaches more than 1% of the net capital of the banking institution at the end of the previous quarter, or cumulatively reaches more than 5% of the net capital of the banking institution at the end of the previous quarter.

After the cumulative transaction amount between a banking institution and a single related party reaches the standard in the preceding paragraph, the subsequent related party transactions shall be re-identified as major related party transactions every time the cumulative amount reaches more than 1% of the net capital at the end of the previous quarter.

General related party transactions refer to other related party transactions other than major related party transactions.

Article 15 The calculation method of the amount of related transactions of banking institutions is as follows:

(1) In principle, the credit-granting related party transaction shall be calculated based on the amount of the signed agreement;

(2) The transaction amount is calculated based on the transaction price or fair value of the related-party transaction of asset transfer;

(3) For related-party transactions in the service category, the transaction amount is calculated based on the amount of business income or expenditure;

(4) Other calculation criteria determined by the CBIRC.

Article 16 The credit balance of a banking institution to a single related party shall not exceed 10% of the net capital of the banking institution at the end of the previous quarter. The aggregate credit balance of a banking institution to a group customer of a single Related legal person or unincorporated organization shall not exceed 15% of the banking institution's net capital at the end of the previous quarter. The credit balance of the banking institution to all related parties shall not exceed 50% of the net capital of the banking institution at the end of the previous quarter.

When calculating the credit balance, the margin deposit provided by the related party and the pledged bank deposit certificate and treasury bond amount can be deducted when the credit is granted.

When conducting interbank business with related parties, a banking institution shall abide by the relevant regulations on interbank business at the same time. The inter-bank business between banking institutions and domestic and overseas related banks, and the business between foreign-funded banks and banks within the parent bank group may not be subject to the ratio provisions listed in paragraph 1 of this article and the standards for major Related transactions in Article 14 of these Measures.

Banking institutions that have been subject to risk disposal or takeover measures by the CBIRC or its dispatched offices may not be subject to the provisions on the proportions listed in this article with the approval of the CBIRC.

Section 2 Related Transactions of Insurance Institutions

Article 17 The Related transactions of insurance institutions include the following types:

(1) Related-party transactions related to the use of funds: including bank deposits with related parties; direct or indirect trading of bonds, stocks and other securities, investment in equities, real estate and other assets of related parties; direct or indirect investment in financial products issued by related parties, or invest in financial products whose underlying assets include assets of related parties.

(2) Service-related transactions: including audit services, actuarial services, legal services, consulting services, asset appraisal, technology and infrastructure services, entrusted or entrusted management of assets, leased assets, etc.

(3) Interest-transfer related party transactions: including donation, giving or receiving financial assistance, transfer of rights, guarantee, transfer of creditor’s rights and debts, waiver of the right of priority, the right to increase capital in the same proportion or other rights, etc.

(4) Insurance business and other types of related party transactions, and matters that may lead to the transfer of interests of insurance institutions as determined in accordance with the principle of substance over form.

Article 18 The amount of related party transactions of insurance institutions shall be calculated based on the transaction consideration or the transferred benefits. The specific calculation method is as follows:

(1) For connected transactions involving the use of funds, the transaction amount shall be calculated based on the investment amount of insurance funds. Among them, if investing in financial products issued by related parties and the underlying assets involve other related parties, the transaction amount will be calculated based on the investment amount; if investing in financial products issued by related parties and the underlying assets do not involve other related parties, the transaction amount will be calculated based on the issuance fee or investment management. The transaction amount is calculated based on the transaction fee; if the asset is purchased, the transaction amount is calculated based on the transaction price.

(2) For related-party transactions in the service category, the transaction amount is calculated based on the business income or expenditure amount.

(3) For related-party transactions of interest transfer, the transaction amount shall be calculated based on the subsidy amount, transaction price, guarantee amount, and the market value of the subject matter.

(4) Other calculation criteria determined by the CBIRC.

Article 19 The Related transactions of insurance institutions are divided into major Related transactions and general Related transactions.

Significant related-party transactions of insurance institutions refer to transactions in which a single or annual cumulative transaction amount between an insurance institution and a single related party reaches more than 30 million yuan and accounts for more than 1% of the audited net assets of the insurance institution at the end of the previous year.

After the accumulative transaction amount between an insurance institution and a single related party in one year reaches the standard in the preceding paragraph, the related party transactions that occur subsequently meet the standard in the preceding paragraph again, and shall be re-identified as a major connected transaction.

General related party transactions of insurance institutions refer to other related party transactions other than major related party transactions.

Article 20 The Related transactions in the use of funds of an insurance institution shall meet the following proportion requirements:

(1) The book balance of all related parties invested by the insurance institution shall not exceed the lower of 25% of the total assets of the insurance institution at the end of the previous year and the net assets at the end of the previous year;

(2) In the book balance of the insurance institution's investment in equity assets, real estate assets, other financial assets and overseas investments, the amount of investment in related parties shall not exceed 30% of the investment limit for the above-mentioned types of assets;

(3) The book balance of the insurance institution's investment in a single related party shall not exceed 30% of the insurance institution's net assets at the end of the previous year;

(4) When an insurance institution invests in a financial product, if the underlying assets involve the controlling shareholder, the actual controller or a related party of the controlling shareholder or the actual controller, the share of the financial product purchased by the insurance institution shall not exceed 50% of the total issuance of the product.

The book balance and purchase share of an insurance institution and its controlled non-financial subsidiary investment related parties shall be calculated on a consolidated basis and meet the aforesaid ratio requirements.

The aforesaid provisions do not apply to related-party transactions between insurance institutions and their controlled subsidiaries, as well as between controlled subsidiaries.

Section 3 Trust Companies and Other Non-Banking Financial Institutions

Related party transactions

Article 21 A trust company shall, in accordance with the principle of penetration and the principle of substance over form, strengthen the identification of related party transactions and the two-way verification of the source and use of funds for related party transactions.

Related-party transactions of trust companies are divided into major related-party transactions and general related-party transactions. A material related transaction refers to a single transaction between the inherent property of the trust company and a single related party, or between the trust property of the trust company and a single related party, which accounts for more than 5% of the registered capital of the trust company, or after the trust company has a transaction with a single related party, The transaction balance between the trust company and the related party accounts for more than 20% of the registered capital of the trust company. General related party transactions refer to other related party transactions other than major related party transactions.

Article 22 The Related transactions of financial asset management companies, financial leasing companies, auto finance companies, and consumer finance companies (hereinafter referred to as other non-bank financial institutions) include the following types:

(1) Asset-based connected transactions: including asset purchase and sale and entrusted (agent) disposal, asset reorganization (replacement), asset leasing, etc.;

(2) Fund-based related transactions: including investment, loan, financial leasing, borrowing, lending, deposit, guarantee, etc.;

(3) Related-party transactions based on intermediary services: including rating services, evaluation services, audit services, legal services, auction services, consulting services, business agency, intermediary services, etc.;

(4) Other types of related party transactions and matters that may lead to the transfer of interests of other non-banking financial institutions as determined in accordance with the principle of substance over form.

Article 23 The Related transactions of other non-bank financial institutions are divided into major Related transactions and general Related transactions.

Significant related-party transactions of other non-bank financial institutions refer to the amount of a single transaction between other non-bank financial institutions and a single related party reaching more than 1% of the net capital of other non-bank financial institutions at the end of the previous quarter, or the cumulative amount of other non-bank financial institutions. Transactions with more than 5% of net capital at the end of the quarter. Except for financial leasing companies.

A major related-party transaction of a financial leasing company means that the amount of a single transaction between a financial leasing company and a single related party reaches more than 5% of the net capital of the financial leasing company at the end of the previous quarter, or the cumulative amount reaches more than 10% of the net capital of the financial leasing company at the end of the previous quarter. 's transaction.

After the cumulative transaction amount between other non-bank financial institutions and a single related party reaches the standard in the preceding paragraph, the subsequent related party transactions shall be re-identified as major related party transactions every time the cumulative amount reaches more than 1% of the net capital at the end of the previous quarter. Except for financial leasing companies.

After the cumulative transaction amount between a financial leasing company and a single related party reaches the standard in the preceding paragraph, the subsequent related party transactions shall be re-identified as major related party transactions every time the cumulative amount reaches more than 5% of the net capital at the end of the previous quarter.

General related party transactions refer to other related party transactions other than major related party transactions.

Article 24 The amount of related-party transactions of other non-bank financial institutions is calculated based on the transaction consideration or transferred benefits, and the specific calculation methods are as follows:

(1) For asset-based related party transactions, the transaction amount shall be calculated at the transaction price;

(2) For capital-based connected transactions, the transaction amount shall be calculated based on the amount of the signed agreement;

(3) For connected transactions based on intermediary services, the transaction amount shall be calculated based on the amount of business income or expenditure;

(4) Other calculation criteria determined by the CBIRC.

Article 25 The balance of capital and asset-based transactions between financial asset management companies and their non-financial holding subsidiaries and related parties shall be calculated on a consolidated basis, and the relevant regulatory requirements of Article 16 of these Measures shall be applied with reference to financial assets. Except for related transactions between the management company and its controlled subsidiaries, as well as between controlled subsidiaries.

Financial asset management companies shall, with reference to the provisions of Chapter II of these Measures, include the related parties of controlled subsidiaries into the scope of related parties of the group.

Article 26 The financing balance of a financial leasing company to a single related party shall not exceed 30% of the net capital at the end of the previous quarter.

The total financing balance of the financial leasing company to all related parties shall not exceed 50% of the net capital at the end of the previous quarter.

The financing balance of a financial leasing company to a single shareholder and all its related parties shall not exceed the capital contribution of the shareholder in the financial leasing company, and shall satisfy the provisions of the first paragraph of this article at the same time.

This article does not apply to related transactions between financial leasing companies and their holding subsidiaries and project companies.

The balance of credit granted by an auto finance company to a single shareholder and its related parties shall not exceed the shareholder's capital contribution in the auto finance company.

Section 4 Prohibited Provisions

Article 27 Banking and insurance institutions shall not evade the approval or regulatory requirements for major Related transactions by covering up Related relationships, splitting transactions and other concealed means.

Bancassurance institutions shall not use various nested transactions to lengthen the financing chain, obscure the essence of business, evade regulatory regulations, and shall not raise funds in violation of regulations, transfer assets, idle arbitrage, or conceal risks for shareholders and their related parties.

Article 28 Banking institutions shall not directly provide funds to related parties through or through inter-bank, wealth management, off-balance sheet and other businesses, breaking the proportional limit or violating regulations.

Banking institutions shall not accept the Bank's equity as a pledge to provide credit. Banking institutions shall not provide guarantees (including contingencies equivalent to guarantees) for the financing behaviours of related parties, except that the related parties provide sufficient counter-guarantee with bank deposit certificates and government bonds.

If a banking institution provides credit to a related party and suffers a loss, it shall not provide credit to the related party within two years from the date of discovery of the loss, except for the approval of the board of directors of the banking institution in order to reduce the loss of the credit.

Article 29 Insurance institutions shall not break through regulatory restrictions through real estate projects, non-insurance subsidiaries, trust plans, investment in asset management products, or other channels, nesting methods, etc., to provide financing for related parties in violation of regulations.

Article 30 Financial asset management companies shall implement the provisions of Article 28 of these Measures by reference, and shall not carry out unsecured fund-based related party transactions with related parties, inter-bank lending, shareholder liquidity support and other regulations by financial regulatory agencies except. The debt dependence ratio of non-financial subsidiaries shall not exceed 30%, and if it is really necessary to rescue, in principle, it shall not exceed 70%, and shall report to the board of directors, the board of supervisors and the China Banking and Insurance Regulatory Commission within 3 working days after the rescue decision is made.

If a financial asset management company and its subsidiaries transfer the non-performing assets formed by themselves within the group, it shall be subject to the approval of the board of directors of the parent company of the group, unless the financial subsidiaries transfer in batches according to regulations.

Article 31 If a financial leasing company and an related party incur losses in an Related transaction based on assets and funds, they shall not add any new Related transaction based on assets or funds with the Related party within two years from the date of discovery of the loss. However, in order to reduce losses, unless approved by the board of directors of the financial leasing company.

Article 32 When a trust company conducts its own business, it shall not lend funds or transfer property to related parties, and shall not provide guarantees for related parties.

When a trust company conducts structured trust business, it shall not use stakeholders as inferior beneficiaries, and stakeholders include but are not limited to the trust company and all its employees, and the shareholders of the trust company.

When a trust company manages a collective fund trust plan, it shall not directly or indirectly apply the trust funds to the shareholders of the trust company and their related parties, unless the trust funds are wholly derived from the shareholders or their related parties.

Article 33 A banking and insurance institution with an E-level corporate governance regulatory assessment result shall not conduct credit-granting, capital-utilizing, or capital-based Related transactions. Except those approved by the China Banking and Insurance Regulatory Commission or its dispatched offices.

Article 34 Where a banking or insurance institution violates the provisions of these Measures, the China Banking and Insurance Regulatory Commission or its dispatched office shall order it to make corrections, including the following measures:

(1) Order to prohibit transactions with specific related parties;

(2) Requesting the issuance of audit reports on specific transactions;

(3) According to the risk status of related party transactions of the bancassurance institution, requiring the bancassurance institution to reduce the proportion requirements for the transaction amount of a single or all related parties, until the related party transactions are stopped;

(4) Ordering the replacement of accounting firms, professional appraisal agencies, law firms and other service agencies;

(5) Other measures that the CBIRC or its dispatched offices may take according to law.

Article 35 Where the directors, supervisors, senior managers or other relevant practitioners of a banking and insurance institution violate the provisions of these Measures, the CBIRC or its dispatched offices may take the following measures against the relevant responsible persons:

(1) Order to make corrections;

(2) Recording in the performance records and making industry reports;

(3) Order the banking and insurance institution to be held accountable;

(4) Other measures that the CBIRC or its dispatched offices may take according to law.

If the related parties of banking and insurance institutions violate the provisions of these Measures, the China Banking and Insurance Regulatory Commission or its dispatched offices may take measures such as public condemnation.

Article 36 If a shareholder who holds more than 5% equity of a bancassurance institution pledges more than 50% of the total equity of the bancassurance institution, the China Banking and Insurance Regulatory Commission or its dispatched office may restrict it from conducting related transactions with the bancassurance institution .

Chapter IV Internal Management of Related Party Transactions

Article 37 A banking and insurance institution shall formulate a management system for Related transactions.

The related party transaction management system includes the management structure of related party transactions and the corresponding division of responsibilities, identification, reporting, information collection and management of related parties, pricing, review, avoidance, reporting, disclosure, audit and accountability of related party transactions.

Article 38 A bancassurance institution shall manage the related party transactions between its controlled subsidiaries and related parties of the bancassurance institution, clarify the management mechanism, and strengthen risk management and control.

Article 39 The board of directors of a banking and insurance institution shall establish an Related transaction control committee to be responsible for Related transaction management, review and risk control. If the CBIRC has other provisions on the establishment of professional committees under the board of directors, such provisions shall prevail.

The board of directors is ultimately responsible for the management of related party transactions, and the related party transaction control committee, heads of departments involved in business departments, risk approval and compliance review are responsible for the compliance of related party transactions.

The Related Party Transactions Control Committee consists of three or more directors, with independent directors as the responsible persons. The related party transaction control committee should focus on the compliance, fairness and necessity of related party transactions.

A bancassurance institution shall set up a cross-departmental Related transaction management office at the management level, and its members shall include personnel from relevant departments such as compliance, business, risk control, and finance, and specify the leading department and set up special posts to be responsible for the identification and maintenance of Related parties, and Related transactions. Management and other daily affairs.

Article 40 A banking and insurance institution shall establish related party information files, determine the standards or lists of important branches and branches, and specify the scope of personnel who have approval or decision-making powers for core businesses such as large-amount credit, asset transfer, and use of insurance funds.

Banking and insurance institutions shall timely submit information on related parties, major related transactions, quarterly related transactions and other information to the CBIRC or its dispatched offices through the related information system for related transaction supervision to ensure the authenticity and accuracy of the data, and shall not conceal or omit reporting. .

Banking and insurance institutions shall improve the level of informatization and intelligence in the management of related parties and related transactions, and strengthen the management capabilities of big data.

Article 41 The directors, supervisors, and senior managers of banking and insurance institutions, as well as those who have the approval or decision-making authority for core businesses such as large-amount credit, asset transfer, and insurance fund utilization, shall, within 15 working days from the date of taking office, conduct the The relevant provisions of these Measures shall report the information of its affiliates to the banking and insurance institutions.

A natural person, legal person or unincorporated organization that holds more than 5% of the shares of the bancassurance institution, or holds less than 5% of the shares but has a significant impact on the operation and management of the bancassurance institution, shall, on the date when the shareholding reaches 5% or can exert significant influence, Within 15 working days from the date of filing, report the related party information to the banking and insurance institution in accordance with the relevant provisions of these Measures.

If there is any change in the reported matters mentioned in the preceding paragraph, it shall report to the banking insurance institution and update the related party information within 15 working days after the change.

Article 42 A related party of a banking and insurance institution shall not evade the internal review, external supervision and reporting and disclosure obligations of related party transactions by concealing the related relationship and other improper means.

Article 43 Banking and insurance institutions shall proactively identify related party transactions through penetration, dynamically monitor the source and flow of transaction funds, grasp the status of underlying assets in a timely manner, dynamically assess the degree of impact on risk exposure and capital occupation, and establish an effective risk control mechanism for related party transactions, and adjust its business behaviours in a timely manner to comply with the relevant provisions of these Measures.

Article 44 A written agreement shall be entered into for Related transactions, which shall be conducted in accordance with commercial principles and on conditions no better than similar transactions with non-Related parties. When necessary, the Related Party Transactions Control Committee may hire an independent third party such as a financial advisor to issue a report as a basis for judgment.

Article 45 A banking and insurance institution shall improve the internal control mechanism for related party transactions, optimize the management process for related party transactions, and the review opinions on key links, and the resolutions and records of meetings such as the related party transaction control committee shall be clear and verifiable.

General related transactions are reviewed in accordance with the company's internal management system and authorization procedures, and reported to the Related Party Transactions Control Committee for the record. Significant related transactions are reviewed by the Related Party Transactions Control Committee and submitted to the Board of Directors for approval. Resolutions made at the board meeting must be approved by more than 2/3 of the non-related directors. If the number of non-related directors present at the board meeting is less than three, it shall be submitted to the shareholders (general) meeting for deliberation.

Article 46 When the related party transaction control committee, board of directors and shareholders (general meeting) of a banking and insurance institution conduct voting or decision-making on related party transactions, those who have an interest in the related party transactions shall withdraw.

If a bancassurance institution has not established a shareholders (general) meeting, or is unable to convene a shareholder (general) meeting due to the principle of recusal, the board of directors shall review it and the provisions on recusal in the first paragraph of this article shall not apply, but the related directors shall issue a statement that there is no interest. Delivery statement.

Article 47 For long-term and continuous occurrences between a banking and insurance institution and the same related party, which need to repeatedly sign transaction agreements for the provision of services, insurance business and other related transactions recognized by the CBIRC, a unified transaction agreement may be signed for the duration of the agreement. Generally, no more than three years.

Article 48 The signing, renewal and substantive modification of the unified transaction agreement shall be subject to internal review, reporting and information disclosure in accordance with major related party transactions. Related transactions under the unified transaction agreement do not need to be reviewed, reported and disclosed on a case-by-case basis, but the implementation should be stated in the quarterly report. The unified transaction agreement shall specify or estimate the amount of related party transactions.

Article 49 Independent directors shall issue written opinions on the fairness and compliance of major related party transactions and the implementation of internal approval procedures on a case-by-case basis. Independent directors may hire an independent third party such as an intermediary agency to provide advice if they think it is necessary, and the expenses shall be borne by the bancassurance agency.

Article 50 For situations such as failure to report related parties in accordance with regulations or conduct related transactions in violation of regulations, banking and insurance institutions shall hold relevant personnel accountable in accordance with the internal accountability system, and report the accountability situation to the Related Party Transactions Control Committee.

Article 51 A banking and insurance institution shall conduct a special audit on Related transactions at least once a year, and report the audit results to the board of directors and the board of supervisors.

Bancassurance institutions shall not employ accounting firms, professional evaluation institutions, or law firms controlled by related parties to provide them with auditing, evaluation and other services.

Chapter V Reporting and Disclosure of Related Party Transactions

Article 52 Banking and insurance institutions and their related parties shall report and disclose related party transaction information in a true, accurate, complete and timely manner in accordance with the relevant provisions of these Measures, and shall not contain any false records, misleading statements or major omissions.

Article 53 A banking and insurance institution shall report to the China Banking and Insurance Regulatory Commission or its dispatched offices on a case-by-case basis within 15 working days after signing the following transaction agreements:

(1) Material related transactions;

(2) The signing, renewal or substantial modification of the unified transaction agreement;

(3) Other transactions required to be reported by the CBIRC.

If there are other regulations on the report of the Related transactions of the trust company on a case-by-case basis, such regulations shall prevail.

Article 54 Banking and insurance institutions shall, in accordance with the relevant provisions of these Measures, make statistics on the amount and proportion of all related party transactions in each quarter, and report related party transactions to the China Banking and Insurance Regulatory Commission or its dispatched offices through the related party transaction supervision information system within 30 days after the end of each quarter. condition.

Article 55 The board of directors of a banking and insurance institution shall make a special report on the overall situation of Related transactions to the shareholders (general meeting) every year, and submit it to the China Banking and Insurance Regulatory Commission or its dispatched office.

Article 56 A banking and insurance institution shall disclose the related party transaction information on the company's website, and disclose the overall situation of the related party transaction in the current year in the company's annual report. Related transactions that need to be reported on a case-by-case basis in accordance with Article 53 of these Measures shall be disclosed on a case-by-case basis within 15 working days after the transaction agreement is signed, and general Related transactions shall be disclosed in a consolidated manner by transaction type within 30 days after the end of each quarter.

The case-by-case disclosures include:

(1) An overview of the connected transaction and the subject matter of the transaction.

(2) The counterparty of the transaction. Including the basic information of the Related natural person, the name, economic nature or type of the Related legal person or unincorporated organization, main business or business scope, legal representative, registered place, registered capital and its changes, and the Related relationship with the banking and insurance institution.

(3) Pricing policy.

(4) The amount of related party transactions and the corresponding proportions.

(5) The resolutions of the shareholders (general) meeting and the board of directors, and the opinions or resolutions of the Related Party Transactions Control Committee.

(6) The opinions expressed by independent directors.

(7) Other matters that the CBIRC deems necessary to disclose.

Consolidated disclosures shall include the type of connected transaction, transaction amount, and the implementation of the corresponding regulatory ratio.

Article 57 The following related party transactions conducted by banking and insurance institutions may be exempted from deliberation and disclosure in the manner of related party transactions:

(1) A related party transaction with a single transaction with an Related natural person of less than 500,000 yuan or a single transaction with an Related legal person of less than 5 million yuan, and the cumulative amount after the transaction has not reached the standard of major related-party transactions;

(2) One party subscribes in cash for stocks, corporate bonds or corporate bonds, convertible bonds or other derivatives publicly issued by the other party;

(3) demand deposit business;

(4) Where the same natural person concurrently serves as an independent director of a bancassurance institution and other legal persons, and there is no other circumstance that constitutes a related party, transactions between the legal person and the bancassurance institution;

(5) The pricing of the transaction is stipulated by the state;

(6) Other circumstances approved by the CBIRC.

Article 58 Where the related transaction information of a banking and insurance institution involves state secrets, business secrets, or other circumstances recognized by the CBIRC, the banking and insurance institution may apply to the CBIRC for exemption from disclosure or performance of relevant obligations in accordance with these Measures.

Chapter VI Supervision and Administration of Related Transactions

Article 59 If a shareholder of a banking institution, trust company, or other non-banking financial institution or its controlling shareholder or actual controller forces an institution to engage in the following acts by exerting influence on the institution, the China Banking and Insurance Regulatory Commission or its dispatched office shall order it to make corrections within a time limit. ; if the correction is not made within the time limit, the rights of the shareholder may be restricted; for the controlling shareholder with serious circumstances, it may be ordered to transfer its equity.

(1) Conducting Related transactions in violation of Article 27 of these Measures;

(2) Failing to conduct Related transactions in accordance with the commercial principles stipulated in Article 44 of these Measures;

(3) Failing to examine related party transactions in accordance with Article 45 of these Measures;

(4) Providing guarantees for the financing of related parties in violation of the provisions of these Measures;

(5) Accepting the company's equity as a pledge to provide credit;

(6) employing an accounting firm controlled by a related party to provide services for it;

(7) The balance of credit or financing to related parties exceeds the proportion specified in these Measures;

(8) Failure to disclose information in accordance with the provisions of these Measures.

Article 60 If the directors and senior managers of banking institutions, trust companies and other non-banking financial institutions have any of the following circumstances, the CBIRC or its dispatched offices may order them to make corrections within a time limit; Its dispatched agency may order the agency to adjust directors and senior managers or restrict their rights.

(1) Failure to report in accordance with Article 41 of these Measures;

(2) Making a false or material omission report;

(3) Failing to withdraw in accordance with Article 46 of these Measures;

(4) Independent directors fail to express written opinions in accordance with Article 49 of these Measures.

Article 61 Where a banking institution, trust company or other non-banking financial institution falls under any of the following circumstances, the CBIRC or its local offices may take relevant regulatory measures or impose penalties in accordance with laws and regulations:

(1) Conducting Related transactions in violation of Article 27 of these Measures;

(2) Failing to conduct Related transactions in accordance with the commercial principles stipulated in Article 44 of these Measures;

(3) Failing to examine related party transactions in accordance with Article 45 of these Measures;

(4) Providing guarantees for the financing of related parties in violation of the provisions of these Measures;

(5) Accepting the Bank's equity as a pledge to provide credit;

(6) employing an accounting firm controlled by a related party to provide services for it;

(7) The balance of credit or financing to related parties exceeds the proportion specified in these Measures;

(8) Failure to disclose information in accordance with the provisions of these Measures;

(9) Failing to implement the supervision and management measures stipulated in Articles 59 and 60 of these Measures as required;

(10) Other circumstances that violate the provisions of these Measures.

Article 62 Where banking institutions, trust companies and other non-banking financial institutions fail to report material related transactions or submit reports on related transactions to the CBIRC or its dispatched offices in accordance with the provisions of these Measures, the CBIRC or its dispatched offices may, in accordance with the law Regulations take relevant regulatory measures or impose penalties.

Article 63 If a banking institution, trust company or other non-bank financial institution has any of the circumstances listed in Article 61 of these Measures, the China Banking and Insurance Regulatory Commission or its dispatched offices may distinguish between different circumstances. The Management Law and other laws and regulations have imposed corresponding penalties on directors, senior managers and other directly responsible persons.

Article 64 If an insurance institution and its shareholders, controlling shareholders, directors, supervisors or senior managers of an insurance institution violate the relevant provisions of these Measures, the CBIRC or its local offices may take relevant regulatory measures or impose penalties in accordance with laws and regulations. Those suspected of committing a crime shall be transferred to judicial organs for investigation of criminal responsibility according to law.

Chapter VII Supplementary Provisions

Article 65 The meanings of the following terms in these Measures:

The term "above" in these Measures includes this number, and "below" does not include this number. The year is the fiscal year.

Control, including direct control and indirect control, refers to the right to decide the financial and operating decisions of an enterprise, and to obtain benefits from the business activities of the enterprise accordingly.

Holding, including direct holding and indirect holding.

Significant influence refers to the right to participate in the decision-making of the financial and operating policies of the legal person or organization, but cannot control or jointly control the formulation of these policies with other parties. Including but not limited to dispatching directors, supervisors or senior managers, influencing the financial and operational management decisions of legal persons or organizations through agreements or other means, and other situations determined by the China Banking and Insurance Regulatory Commission or its dispatched offices.

Joint control refers to the common control over an economic activity in accordance with the contract, which exists only when the important financial and operating decisions related to the economic activity require the unanimous consent of the investors who share the control.

A controlling shareholder refers to a shareholder with a shareholding ratio of more than 50%; or a shareholder whose shareholding ratio is less than 50%, but whose voting rights are sufficient to exert a controlling influence on the resolutions of the shareholders' (general) meeting.

Holding a subsidiary means that the shareholding ratio of the subsidiary reaches more than 50%; or although the shareholding ratio is less than 50%, it can exert a controlling influence on it through arrangements such as voting rights and agreements. Controlled subsidiaries include direct, indirect or jointly controlled subsidiaries or unincorporated organizations.

The actual controller refers to a natural person or other ultimate controller who can actually control the behavior of the company through investment relationships, agreements or other arrangements, although it is not a shareholder of the company.

Group customers refer to a group of corporate customers or a single customer in the same industry that has a controlling relationship.

A person acting in concert refers to a natural person, legal person or unincorporated organization that expresses the same intention when exercising voting rights or participating in other economic activities through agreement, cooperation or other means.

The ultimate beneficiary refers to the person who actually enjoys the equity income and financial product income of the bancassurance institution.

Other close family members refer to the spouses, parents, adult children and siblings, including the parents of the spouse, the spouses of the children, the spouses of the siblings, the siblings of the spouse and other family members who may have transfer of benefits.

Internal staff refer to those who have signed labor contracts with banking and insurance institutions.

Affiliate relationship refers to the relationship between the controlling shareholder, actual controller, director, supervisor, senior manager, etc. of a bancassurance institution and the enterprises directly or indirectly controlled by it, as well as other relationships that may lead to the transfer of interests.

Related directors and Related shareholders refer to a party to a transaction, or a director or shareholder who may affect the fairness of the transaction when reviewing the Related transaction.

Written forms of written agreements include contracts, letters and data messages (including telex, telex, facsimile, electronic data interchange and e-mail) that are legally recognized tangible representations of the content.

The term “related legal person or unincorporated organization” as mentioned in these Measures does not include state administrative organs, government departments, Central Huijin Investment Co., Ltd., National Council for Social Security Fund, Wutongshu Investment Platform Co., Ltd., Deposit Insurance Fund Management Co., Ltd., and a related party approved by the China Banking and Insurance Regulatory Commission for exemption. If the above-mentioned institutions send the same natural person to serve as a director or supervisor of two or more banking and insurance institutions at the same time, and there is no other related relationship, the institutions they work for do not constitute related parties.

Enterprises controlled by the state are not related parties only because they are both controlled by the state.

Article 66 The branches of foreign banks and other financial institutions established with the approval of the China Banking and Insurance Regulatory Commission shall apply these Measures by reference, and the provisions of laws, administrative regulations and other provisions of the China Banking and Insurance Regulatory Commission shall be followed.

These Measures are not applicable to the self-insurance business of self-insurance companies and the business of member units of enterprise group finance companies.

Where a bancassurance institution is a listed company, it shall also abide by the relevant regulations on listed companies.

Article 67 The Banking and Insurance Regulatory Commission shall be responsible for the interpretation of these Measures.

Article 68 These Measures shall come into force on March 1, 2022. The Measures for the Administration of Related Party Transactions between Commercial Banks and Insiders and Shareholders (Order No. 3 [2004] of the China Banking Regulatory Commission) and the Measures for the Administration of Related Party Transactions of Insurance Companies (Yinbaojianfa [2019] No. 35) shall be repealed at the same time. Prior to the implementation of these Measures, if the provisions of the China Banking and Insurance Regulatory Commission on the management of Related transactions of banking and insurance institutions are inconsistent with these Measures, these Measures shall apply.


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