Administrative Measures for the Handling of Consumer Complaints in the Banking and Insurance Sectors
Administrative Measures for the Handling of Consumer Complaints in the Banking and Insurance Sectors
Administrative Measures for the Handling of Consumer Complaints in the Banking and Insurance Sectors
Order of the China Banking and Insurance Regulatory Commission [2020] No.3
January 14, 2020
The Administrative Measures for the Handling of Consumer Complaints in the Banking and Insurance Sectors, adopted at the eighth executive meeting of the China Banking and Insurance Regulatory Commission in 2019, are hereby issued for implementation as of March 1, 2020.
Guo Shuqing, Chairman
Administrative Measures for the Handling of Consumer Complaints in the Banking and Insurance Sectors
Chapter I General Provisions
Article 1 The Measures are hereby formulated in accordance with the Banking Regulation 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, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and regulations in order to standardize the handling of consumer complaints in the banking and insurance sectors and protect the legitimate rights and interests of consumers.
Article 2 For the purpose of the Measures, consumer complaints in the banking and insurance sectors (the "consumer complaints") refer to the acts of consumers who claim their civil rights and interests against banking and insurance institutions due to disputes between consumers and banking and insurance institutions or the practitioners thereof arising from the purchase of banking and insurance products or the acceptance of banking and insurance-related services (the "consumer disputes").
Article 3 The handling of complaints shall adhere to the principles of legality, compliance, convenience, efficiency, tackling both symptoms and root causes, and diversified solutions.
Article 4 Banking and insurance institutions are in charge of safeguarding the legitimate rights and interests of consumers and handling consumer complaints. They are responsible for managing, guiding, and assessing the handling of consumer complaints against themselves and their branches, and coordinating and supervising branches' proper handling of various consumer complaints.
Article 5 All relevant trade associations shall give full play to the self-discipline role of the industries in the resolution of consumer disputes, and coordinate and promote the members' proper handling of consumer disputes through negotiation, mediation, arbitration, litigation, or otherwise.
Article 6 The China Banking and Insurance Regulatory Commission (the "CBIRC") is the nationwide supervisor of the handling of consumer complaints in the banking and insurance sectors, and is responsible for the supervision of and guidance on the handling of consumer complaints in the banking and insurance sectors nationwide.
The local offices at all levels of the CBIRC shall supervise and guide the handling of consumer complaints in the banking and insurance sectors within their jurisdictions, and promote the establishment of, and improvement in, the diversified consumer dispute solution mechanism within their jurisdictions.
Chapter II Organization and Management
Article 7 Banking and insurance institutions shall guarantee the smooth handling of consumer complaints in terms of human resources, materials and finance, designate senior officers or persons in charge to be responsible for the handling of consumer complaints thereof, establish or designate the management department and persons at posts for the handling of the consumer complaints thereof, and reasonably arrange workers.
Banking and insurance institutions shall keep complaint channels smooth, establish or designate complaint reception areas, provide audio and video recording equipment and so on to record and maintain the reception and treatment process of consumer complaints, strengthen the construction of consumer complaint management information systems, and regulate the handling processes and management of consumer complaints.
Article 8 Banking and insurance institutions shall publish their telephone number and mailing address for the lodging of complaints, and other complaint channel information and consumer complaint handling process at an eye-catching position of the official website, mobile access, business premises or office premises, and announce the e-mail address and official website for receiving consumer complaints if such internet complaint channels are enabled. In a product or service contract, banking and insurance institutions shall provide a telephone hotline for the lodging of complaints or other complaint channel information.
Article 9 When carrying out the handling of consumer complaints, banking and insurance institutions shall conduct territorial management and hierarchical responsibility, fully consider and respect the reasonable claims of consumers, and make fair and lawful handling conclusions.
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Order of the China Banking and Insurance Regulatory Commission [2020] No.3
January 14, 2020
The Administrative Measures for the Handling of Consumer Complaints in the Banking and Insurance Sectors, adopted at the eighth executive meeting of the China Banking and Insurance Regulatory Commission in 2019, are hereby issued for implementation as of March 1, 2020.
Guo Shuqing, Chairman
Administrative Measures for the Handling of Consumer Complaints in the Banking and Insurance Sectors
Chapter I General Provisions
Article 1 The Measures are hereby formulated in accordance with the Banking Regulation 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, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests and other laws and regulations in order to standardize the handling of consumer complaints in the banking and insurance sectors and protect the legitimate rights and interests of consumers.
Article 2 For the purpose of the Measures, consumer complaints in the banking and insurance sectors (the "consumer complaints") refer to the acts of consumers who claim their civil rights and interests against banking and insurance institutions due to disputes between consumers and banking and insurance institutions or the practitioners thereof arising from the purchase of banking and insurance products or the acceptance of banking and insurance-related services (the "consumer disputes").
Article 3 The handling of complaints shall adhere to the principles of legality, compliance, convenience, efficiency, tackling both symptoms and root causes, and diversified solutions.
Article 4 Banking and insurance institutions are in charge of safeguarding the legitimate rights and interests of consumers and handling consumer complaints. They are responsible for managing, guiding, and assessing the handling of consumer complaints against themselves and their branches, and coordinating and supervising branches' proper handling of various consumer complaints.
Article 5 All relevant trade associations shall give full play to the self-discipline role of the industries in the resolution of consumer disputes, and coordinate and promote the members' proper handling of consumer disputes through negotiation, mediation, arbitration, litigation, or otherwise.
Article 6 The China Banking and Insurance Regulatory Commission (the "CBIRC") is the nationwide supervisor of the handling of consumer complaints in the banking and insurance sectors, and is responsible for the supervision of and guidance on the handling of consumer complaints in the banking and insurance sectors nationwide.
The local offices at all levels of the CBIRC shall supervise and guide the handling of consumer complaints in the banking and insurance sectors within their jurisdictions, and promote the establishment of, and improvement in, the diversified consumer dispute solution mechanism within their jurisdictions.
Chapter II Organization and Management
Article 7 Banking and insurance institutions shall guarantee the smooth handling of consumer complaints in terms of human resources, materials and finance, designate senior officers or persons in charge to be responsible for the handling of consumer complaints thereof, establish or designate the management department and persons at posts for the handling of the consumer complaints thereof, and reasonably arrange workers.
Banking and insurance institutions shall keep complaint channels smooth, establish or designate complaint reception areas, provide audio and video recording equipment and so on to record and maintain the reception and treatment process of consumer complaints, strengthen the construction of consumer complaint management information systems, and regulate the handling processes and management of consumer complaints.
Article 8 Banking and insurance institutions shall publish their telephone number and mailing address for the lodging of complaints, and other complaint channel information and consumer complaint handling process at an eye-catching position of the official website, mobile access, business premises or office premises, and announce the e-mail address and official website for receiving consumer complaints if such internet complaint channels are enabled. In a product or service contract, banking and insurance institutions shall provide a telephone hotline for the lodging of complaints or other complaint channel information.
Article 9 When carrying out the handling of consumer complaints, banking and insurance institutions shall conduct territorial management and hierarchical responsibility, fully consider and respect the reasonable claims of consumers, and make fair and lawful handling conclusions.
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