预付卡新法规定评述(中文稿)binligual.docx

Legal UpdatesNotice of the Peoples Bank of China on Further Strengthening the Administration of Prepaid Card Business (Yin Fa [2012] No.234)Administrative Measures for the Prepaid Card Business of Payment Institutions(Announcement [2012] No. 12 of the Peoples Bank of China)Measures for the Administration of Single-purpose Commercial Prepaid Cards (for Trial Implementation) (Decree No. 9 [2012] of the Ministry of Commerce)近年来，由于信息技术的发展和小额支付服务市场创新的客观需要，商业预付卡市场发展迅速，商业预付卡在减少现钞使用、便利公众支付、刺激消费等方面发挥了一定作用。为规范商业预付卡管理、严肃财经纪律、防范金融风险、促进反腐倡廉，中国人民银行从2010年开始连续出台多部法令和公告，比如，2010 年 6 月和 12 月中国人民银行先后发布了《非金融机构支付服务管理办法》（中国人民银行令[2010]第2号，以下简称“2号令”）和《非金融机构支付服务管理办法实施细则》（中国人民银行公告[2010]第17号，以下简称“17号公告”），此后，2011 年 5 月中国人民银行等七部门发布了《关于规范商业预付卡管理的意见》（以下简称“25号文”）。In recent years, the market of commercial prepaid cards has witnessed rapid growth to adapt to the development of information technology and the objective market innovation needs of micro-payment services.On the whole, commercial prepaid cards have been helpful to a certain extent in reducing the use of cash, facilitating the payment, and stimulating consumption.With a view to regulating the administration of commercial prepaid cards, enforcing financial and economic discipline, guarding against financial risks, promoting anti-corruption and advocating clean governance, the People’s Bank of China has put forward several decrees and announcements since 2010, such as the Measures for the Administration of Payment Services of Non-Financial Institutions (Decree No. 2 [2010] of the People’s Bank of China, hereinafter referred to as “Decree No. 2”) in June 2010 and the Implementing Regulations of the Measures for the Administration of Payment Services of Non-Financial Institutions (Announcement No. 17 [2010] of the People’s Bank of China, hereinafter referred to as “Announcement No. 17”) in December 2010; afterwards, seven departments including the People’s Bank of China issued the Opinions on Regulating the Administration of Commercial Prepaid