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Notice by the General Office of the State Council on Forwarding the Guiding Opinions of the China Banking Regulatory Commission on Promoting the Development of Private Banks
[Effective]
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国务院办公厅转发银监会关于促进民营银行发展指导意见的通知
[现行有效]
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【法宝引证码】
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| Notice of the General Office of the State Council on Forwarding the Guiding Opinions of the China Banking Regulatory Commission on Promoting the Development of Private Banks | | 国务院办公厅转发银监会关于促进民营银行发展指导意见的通知 |
| (No. 49 [2015] of the General Office of the State Council) | | （国办发〔2015〕49号） |
| The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| The Guiding Opinions of the China Banking Regulatory Commission on Promoting the Development of Private Banks, as approved by the CPC Central Committee and the State Council, are hereby forwarded to you for your conscientious implementation. | | 银监会《关于促进民营银行发展的指导意见》已经党中央、国务院同意，现转发给你们，请认真贯彻执行。 |
| General Office of the State Council | | 国务院办公厅 |
| June 22, 2015 | | 2015年6月22日 |
| Guiding Opinions on Promoting the Development of Private Banks | | 关于促进民营银行发展的指导意见 |
| (China Banking Regulatory Commission) | | （银监会） |
| For purposes of implementing the arrangements and requirements of the CPC Central Committee and the State Council on promoting the development of private banks and raising the level of internal opening of the banking sector, the China Banking Regulatory Commission (“CBRC”) has actively promoted the pilot programs of private banks, continuously improved supporting regulatory measures, and made phased achievements. For purposes of further encouraging and directing the entry of private capital into the banking sector, promoting the sustainable and sound development of private banks, and providing more pertinent and convenient financial services to the real economy, especially, micro, small, and medium-sized enterprises, “agriculture, rural areas, and farmers,” and communities, as well as entrepreneurship and innovation by the people, these Guiding Opinions are developed in accordance with the provisions of the Banking Supervision Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks and other relevant laws and regulations. | | 为落实党中央、国务院关于推进民营银行发展的部署和要求，提升银行业对内开放水平，银监会积极推动民营银行试点工作，不断完善监管配套措施，取得了阶段性成果。为进一步鼓励和引导民间资本进入银行业，促进民营银行持续健康发展，为实体经济特别是中小微企业、“三农”和社区，以及大众创业、万众创新提供更有针对性、更加便利的金融服务，根据《中华人民共和国银行业监督管理法》、《中华人民共和国商业银行法》等法律法规规定，制定本指导意见。 |
| I. Guiding thoughts | | 一、指导思想 |
| The spirit of the 18th National Congress of the Communist Party of China, and the 2nd, 3rd and 4th Plenary Session of the 18th CPC Central Committee shall be implemented in a comprehensive manner, the decisions and arrangements of the CPC Central Committee and the State Council shall be implemented, the orientation of the socialist market economy reform shall be adhered to, market discipline shall be observed, and under the premise of strengthening supervision, qualified private investors are actively propelled to form small and medium-sized banks and other financial institutions in accordance with the law, approval efficiency shall be enhanced, and the system of banking financial institutions shall be further enriched and improved, so as to unleash the vitality of private economy. Private banks' business operations in accordance with laws and regulations and scientific and sound development shall be boosted, and private banks are encouraged to innovate on development modes, enhance the efficiency of competition on the financial market, increase financial support to micro, small, and medium-sized enterprises, “agriculture, rural areas, and farmers,” communities and other weak links and fields of economic development, so as to provide better services to the real economy. | | 全面贯彻落实党的十八大和十八届二中、三中、四中全会精神，按照党中央、国务院决策部署，坚持社会主义市场经济改革方向，遵循市场规律，在加强监管前提下，积极推动具备条件的民间资本依法发起设立中小型银行等金融机构，提高审批效率，进一步丰富和完善银行业金融机构体系，激发民营经济活力。促进民营银行依法合规经营、科学稳健发展，鼓励民营银行创新发展方式，提高金融市场竞争效能，增强对中小微企业、“三农”和社区等经济发展薄弱环节和领域的金融支持力度，更好服务实体经济。 |
| II. Basic principles | | 二、基本原则 |
| (1) Positive development and fair treatment. Promoting the development of private banks is the specific measure of furthering the financial system reform, unleashing the vitality of the financial market and optimizing the system of financial institutions, and an important breakthrough for providing better financial services to micro, small, and medium-sized enterprises, “agriculture, rural areas, and farmers,” and communities. Various capital including private capital, state-owned capital and overseas capital shall be treated fairly and equally, and qualified private enterprises are actively encouraged to form private banks in accordance with the law. Private banks are encouraged to conduct product, service, management and technological innovations, so as to inject new impetus to the sustainable and innovative development of the banking sector. | | （一）积极发展，公平对待。促进民营银行发展是深化金融体制改革、激发金融市场活力、优化金融机构体系的具体举措，是加强中小微企业、“三农”和社区金融服务的重要突破口。要对民间资本、国有资本和境外资本等各类资本公平对待、一视同仁，积极鼓励符合条件的民营企业依法发起设立民营银行。通过鼓励民营银行开展产品、服务、管理和技术创新，为银行业持续发展、创新发展注入新动力。 |
| (2) Complying with laws and regulations and preventing risks. In strict accordance with the existing laws and regulations, the principles of fairness, impartiality and openness shall be adhered to, only the banks that meet mature conditions can be formed, and rushing into formation despite of objective conditions shall be prevented; applications shall be voluntarily filed by private investors, and be subject to the examination of regulatory authorities in accordance with the law; private banks shall conduct business operations in accordance with the regulations, and shall steadily exit if they have business failure. When promoting the stable and sound development of private banks, the red line for risks shall be guarded, private banks shall be directed to establish the long-term effect risk prevention mechanism, endeavor to prevent the risks of affiliated transactions and risk spillover, guard the bottom line of no occurrence of systemic and regional financial risks, and guarantee the safe and efficient operation and overall stability of the financial market. | | （二）依法合规，防范风险。严格按照现有法律法规，坚持公平、公正、公开原则，成熟一家，设立一家，防止一哄而起；由民间资本自愿申请，监管部门依法审核，民营银行合规经营，经营失败平稳退出。在促进民营银行稳健发展的同时，坚守风险底线，引导民营银行建立风险防范长效机制，着力防范关联交易风险和风险外溢，确保守住不发生系统性区域性金融风险的底线，保障金融市场安全高效运行和整体稳定。 |
| (3) Working by steps and innovating on the mode. Through stock reform, private investors are encouraged to purchase the shares of existing banking financial institutions, private investors are supported in entering the existing banking financial institutions by such means as increasing capital and share, transferring equities and increasing shareholding on the secondary market, the mixed ownership reform shall be promoted in accordance with laws and regulations, private investors are supported in participating in the restructuring of rural credit cooperatives into rural commercial banks and the risk disposal of high-risk banking financial institutions, among others; through increment reform, the formation of private banks shall be promoted in an active but steady manner, private banks are encouraged to explore and innovate on “large deposit and small loan,” “individual deposit and small loan” and other differential and specialized business modes, and enhance the degree of matching the market segment financial demand. | | （三）循序渐进，创新模式。通过存量改造，鼓励民间资本入股现有银行业金融机构，支持民间资本通过增资扩股、股权受让、二级市场增持等方式进入现有银行业金融机构，依法合规推进混合所有制改革，支持民间资本参与农村信用社改制为农村商业银行，支持民间资本参与高风险银行业金融机构风险处置等；通过增量改革，积极稳妥推进新设民营银行，鼓励民营银行探索创新“大存小贷”、“个存小贷”等差异化、特色化经营模式，提高与细分市场金融需求的匹配度。 |
| III. Access conditions | | 三、准入条件 |
| In accordance with the provisions of the Banking Supervision Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, the Implementing Measures of the China Banking Regulatory Commission for the Administrative Licensing Items Concerning Chinese-Funded Commercial Banks and other laws and regulations, active support shall be provided to the entry of private capital and other capital to the banking sector under equal conditions. | | 根据《中华人民共和国银行业监督管理法》、《中华人民共和国商业银行法》、《中国银监会中资商业银行行政许可事项实施办法》等法律法规的规定，积极支持民间资本与其他资本按同等条件进入银行业。 |
| ．．．．．． | | ．．．．．． |
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