@ Bank Insurance Agency! From March onwards, these situations must not exist in the sale of products

　　In order to maintain a fair and just financial market environment, effectively protect the legitimate rights and interests of consumers in the banking and insurance industries, and promote the high-quality and healthy development of the industry, the China Banking and Insurance Regulatory Commission formulated and issued the " The Administrative Measures for the Protection of Consumer Rights and Interests of Banking and Insurance Institutions (hereinafter referred to as the “Administrative Measures”) will come into force on March 1, 2023.

　　The "Administrative Measures" has 8 chapters and 57 articles. The main contents include: First, the provisions on the overall objectives, institutional scope, responsibilities and obligations, regulatory bodies and working principles, clarifying that banking and insurance institutions are responsible for protecting the legitimate rights and interests of consumers. The applicant has the duty of honesty and trustworthiness.

　　The second is about the system and mechanism of consumer rights protection, requiring banking and insurance institutions to incorporate consumer rights protection into corporate governance, corporate culture construction, and business development strategies, and establish and improve consumer rights protection review, consumer suitability management, cooperative agency management and control, internal Assessment and other working mechanisms, guiding banking and insurance institutions to strengthen the construction of consumer rights and interests protection systems and mechanisms, and building a comprehensive consumer rights and interests protection work system.

　　The third is to

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Including regulating product design, information disclosure and sales behavior, prohibiting misleading publicity, compulsory bundling and tying, unreasonable charges and other behaviors, protecting consumers' right to know, right to choose and fair trade; standardizing customer identification, business operation, verification Insurance claims management, etc., to protect consumers’ property safety rights and legal claims; strengthen consumer education and publicity, improve service quality, standardize marketing collection behaviors, and protect consumers’ rights to education and respect; standardize the collection and use of personal information , transmission, external cooperation and other behaviors to protect consumers' right to information security.

　　Among them, the "Administrative Measures" mentioned that

(1) Mandatory bundling or tying of products or services; (2) Without the consent of consumers, unilaterally open fee-paying services for consumers; (3) take advantage of business convenience to forcefully designate third-party cooperation agencies to provide fee-paying services for consumers; (4) use improper means to induce consumers to buy other products; ( 5) Other circumstances that infringe consumers' right to choose independently.

　　The "Administrative Measures" clarify that

: The contract unreasonably reduces or exempts the institution's obligations or damages the legal rights and interests of consumers; (3) deducting interest from the loan principal in advance; Three-party payment of consulting fees, commissions, etc. to charge consumers in disguise; (5) Restricting consumers from seeking legal remedies; (6) Other circumstances that infringe on consumers' right to fair trade.

　　The "Administrative Measures" also mentioned that

Strengthen the management of collection outsourcing business, and notify the debtor in an appropriate way before entrusting an external agency to implement collection.

Banking and insurance institutions shall not have the following circumstances in the collection process by themselves or by entrusting external agencies:

(1) to use the names of administrative organs, judicial organs, etc. to carry out collection; Use other methods that violate laws and regulations and violate public order and good customs to implement collection.

　　The fourth is to strengthen industry supervision and management, make regulations on the responsibilities of the China Banking and Insurance Regulatory Commission and its dispatched agencies, various banking and insurance industry associations, and industry dispute mediation organizations, as well as related regulatory measures and penalties, strictly enforce the requirements for behavioral supervision, and clarify the requirements for similar businesses. , Unified standards and unified discretion for similar subjects, and crack down on chaos and behaviors that infringe on consumers' rights and interests in accordance with the law.

　　The fifth is to clarify the scope of application, right of interpretation and implementation time.

　　The "Administrative Measures" is an important measure for the China Banking and Insurance Regulatory Commission to implement the spirit of the 20th National Congress of the Communist Party of China, deeply embody the people-centered development idea, establish and improve the basic system of financial consumer protection, and strengthen and improve behavior supervision. Fundamental and programmatic documents formulated in the field of consumer rights protection in the insurance industry.

The China Banking and Insurance Regulatory Commission will take the "Administrative Measures" as an opportunity to further urge banking and insurance institutions to implement the main responsibility of consumer protection, continuously improve the political and people-oriented nature of financial work, protect the legitimate rights and interests of financial consumers in accordance with the law, and maintain the order and stability of the financial market .

　　In addition, the person in charge of the relevant department of the China Banking and Insurance Regulatory Commission answered reporters' questions on the "Administrative Measures for the Protection of Consumer Rights and Interests of Banking and Insurance Institutions".

details as follows.

　　1. What is the background of the "Administrative Measures"?

　　Since the 18th National Congress of the Communist Party of China, under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, the reform and development of my country's banking and insurance industries have made historic achievements. The fact that consumer rights have become "the biggest in the country" is a concrete manifestation of the financial industry's practice of people-centered development.

The report of the 20th National Congress of the Communist Party of China pointed out that it is necessary to realize, maintain, and develop the fundamental interests of the overwhelming majority of the people, firmly grasp the most direct and practical interests of the people, focus on solving the urgent problems and worries of the people, and make solid progress. Common prosperity.

　　The protection of consumer rights and interests is the most direct manifestation of the political and people-oriented nature of financial management. The China Banking and Insurance Regulatory Commission attaches great importance to the protection of financial consumer rights and interests. In terms of phenomena and other aspects, a behavioral supervision framework has been established to comprehensively urge banking and insurance institutions to improve the level of protection of consumer rights and interests.

In order to implement the spirit of the 20th National Congress of the Communist Party of China, deeply embody the people-centered development idea, strengthen the modern financial supervision system, further improve the banking and insurance industry behavior supervision system, and improve the level of consumer protection system and mechanism construction, the China Banking and Insurance Regulatory Commission formulated and issued "Administrative Measures".

　　2. What is the general idea of ​​formulating the "Administrative Measures"?

　　The overall thinking and principles of formulating the "Administrative Measures" are, first, to comprehensively regulate business behavior, and to focus on building a long-term mechanism. From the perspective of behavioral norms, the eight basic rights of consumers are fully covered. At the same time, by requiring banking and insurance institutions to Incorporate protection into corporate governance, corporate culture and business strategy, establish and improve working mechanisms such as consumer protection review, information disclosure, appropriateness management, personal information protection, cooperative agency control, internal assessment and audit of consumer protection, and build a comprehensive consumer rights protection The work system plays a long-term role in regulating the behavior of institutions.

The second is to not only urge banking and insurance institutions to operate in compliance with regulations and perform their duties, but also guide financial consumers to consume rationally, be honest and trustworthy, protect their legitimate rights and interests in accordance with the law, strengthen financial knowledge education and publicity, promote the construction of a culture of integrity, and contribute to the high-quality development of the financial industry. Create a rational and sound market environment.

The third is to not only consolidate the main responsibility of the protection of consumer rights and interests of banking and insurance institutions, but also focus on building a consumer rights and interests protection system in the banking and insurance industry that involves the participation of multiple parties including regulatory authorities, industry associations, and industry dispute mediation organizations. Jointly maintain a fair and just financial market order.

　　3. What are the main contents of the "Administrative Measures"?

　　The first chapter, general provisions, stipulates the purpose and basis of the "Administrative Measures", responsibilities and obligations, supervisory bodies, working principles, etc., and points out that banking and insurance institutions are responsible for protecting consumers' rights and interests.

　　The second chapter, working mechanism and management requirements, stipulates the system construction and various mechanisms for the protection of consumer rights and interests of banking and insurance institutions, clarifies the responsibilities of the "two sessions and one level" consumer protection work, and requires banking and insurance institutions to establish and improve the review of consumer rights and interests protection, 11 working mechanisms, including consumer suitability management, sales behavior traceability management, and cooperative agency management, guide banking and insurance institutions to comprehensively and systematically improve the management level of consumer rights protection.

　　Chapter Three protects consumers’ right to know, right to choose and fair trade, and makes provisions on product design, information disclosure, marketing promotion, sales behavior, fair pricing, etc. Key product information, new charging items or increased service prices should be publicized in advance, and mandatory bundling and tying sales should not be imposed, and unfair pricing should not be imposed on consumers with the same trading conditions.

　　Chapter 4 protects consumers’ right to property safety and legal claims, requiring banking and insurance institutions to operate prudently and strictly distinguish their own assets from consumer assets; The asset management business should strengthen the entrusted management responsibility, and it is not allowed to organize or induce multiple consumers to adopt the method of pooling funds to meet the conditions for purchasing private equity asset management products; pay.

　　Chapter 5 protects consumers’ right to education and respect, and helps improve consumers’ financial literacy, strengthen the construction of a culture of integrity, respect consumers’ personal dignity and customs, meet the financial service needs of special groups such as the elderly and the disabled, and standardize marketing. Make regulations on collection and collection behaviors, optimize service quality, and improve service quality.

　　Chapter 6 protects consumers’ right to information security, making provisions on the collection, use, and transmission of consumers’ personal information by banking and insurance institutions, external cooperation, system and personnel management, etc., and requiring the processing of personal information on the basis of consumers’ authorization and consent Activities and external cooperation should stipulate data protection responsibilities, confidentiality obligations and other matters in the cooperation agreement, and strictly control the behavior and authority of the partners.

　　Chapter VII, Supervision and Management, stipulates the responsibilities of the China Banking and Insurance Regulatory Commission and its dispatched offices, various banking and insurance industry associations, and industry dispute mediation organizations, as well as relevant regulatory measures and penalties, so as to consolidate the basis for regulatory law enforcement.

　　Chapter VIII Supplementary Provisions clarifies the scope of application, right of interpretation and implementation time.

　　4. What new features and requirements are embodied in the Administrative Measures?

　　(1) Clarify the main responsibility of consumer rights protection, and systematically put forward the requirements for the construction of systems and mechanisms.

The first is to clarify that banking and insurance institutions assume the main responsibility for protecting the legitimate rights and interests of consumers, incorporate consumer rights and interests protection into corporate governance, corporate culture construction, and business development strategies, and require the board of directors to bear the ultimate responsibility for consumer rights and interests protection.

The second is to require banking and insurance institutions to establish and improve working mechanisms for consumer protection, including a consumer protection review mechanism that focuses on prevention in advance, a retroactive management mechanism that regulates the sales process, a cooperative agency management and control mechanism that restricts cooperative behavior, and a complaint handling and management mechanism that properly resolves disputes. Diversified dispute resolution mechanism, strengthening of internal management assessment and auditing mechanism, etc., urge banking and insurance institutions to build up the "four beams and eight pillars" of their consumer rights protection system, stimulate endogenous work motivation, and form a benign environment for continuously improving their consumer rights protection capabilities. cycle.

　　(2) Follow the principle of unified standards for similar businesses and similar subjects, and increase the intensity of administrative penalties.

The first is to unify the regulatory standards for similar financial services, and extend the requirements for banking institutions to establish consumer suitability management mechanisms to insurance companies.

The second is to unify the regulatory requirements for offline and online businesses, and extend the requirements for prohibiting third-party institutions from promoting or selling products and services in the name of banking and insurance institutions at business outlets to self-operated network platforms; The requirement to transmit their personal information extends to Internet platforms.

The third is to increase the intensity of accountability and punishment for violations of consumer rights and interests.

According to the "Administrative Measures", for the behaviors of banking and insurance institutions that seriously infringe on the legitimate rights and interests of consumers and cause adverse effects, in addition to the relevant responsible personnel, the relevant directors and executives should also be held accountable.

　　(3) Govern the chaos and outstanding problems that the masses have strongly reported, and clearly delineate the red line of behavior.

The "Administrative Measures" actively respond to issues strongly reflected by consumers and public opinion, set up prohibitive regulations in accordance with the law, and accurately establish a "high-voltage line" of supervision.

For example, in response to issues such as "excessive fees", "overlord clauses" and "head beheading interest", it is stipulated that charging services shall not be unilaterally opened without the consent of consumers, and additional charges shall not be disguised as agreed in the agreement; consumers shall not be unreasonably aggravated through standard contracts ; Interest, etc. shall not be deducted in advance from the loan principal.

Regarding the problems of improper collection and violent collection, it is stipulated that the debtor shall be informed before the implementation of outsourced collection, and that improper means such as violence, intimidation, and fraud shall not be used to carry out collection.

Aiming at the problem of "hollowing out underwriting and underwriting of claims", it is stipulated that insurance companies underwrite insurance in a timely and prudent manner, and shall not re-examine the relevant conditions of the subject matter of insurance or the insured after the occurrence of an insured accident with standards different from those at the time of underwriting.

In view of the "difficulty in claim settlement", it is stipulated that there should be no delay in claim settlement or unreasonable rejection of claims.

　　(4) Standardize the personal information processing behavior of banking and insurance institutions, so that the industry can effectively protect consumers' personal information security while giving full play to the value of data.

The "Administrative Measures" put forward requirements for banking and insurance institutions to establish and improve personal information protection mechanisms and implement hierarchical and classified management and control throughout the process.

At the same time, for typical problems that are common in practice, a specific code of conduct for personal information processing has been established, including: no improper means such as disguised coercion and illegal purchases are allowed to collect consumers' personal information; In an eye-catching way, clear and easy-to-understand language expressly expresses the content that has a major interest relationship with consumers; it is not allowed to set the default consent option to obtain consumers' personal information authorization on online channels; follow the principle of corresponding rights and responsibilities, and set the relevant system permissions for personal information processing ; Practitioners are prohibited from inquiring, downloading, copying, storing, and tampering with consumers' personal information in violation of regulations.

(Sino-Singapore Jingwei APP)