Notice of the Supreme People's Court on Further Advancing Online Enforcement Inquiry and Control

 2018-05-16  52


Notice of the Supreme People's Court and the China Banking Regulatory Commission on Further Advancing Online Enforcement Inquiry and Control


· Document Number:No. 64 [2018] of the Supreme People's Court

· Area of Law: Banking & Finance Post and Telecommunications

· Level of Authority: Working Documents of the Supreme People's Court and the Supreme People's Procuratorate

· Date issued:03-12-2018

· Effective Date:03-12-2018

· Status: Effective

· Issuing Authority: Supreme People's Court China Banking Regulatory Commission

 

Notice of the Supreme People's Court and the China Banking Regulatory Commission on Further Advancing Online Enforcement Inquiry and Control
(No. 64 [2018] of the Supreme People's Court)
The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous; all local offices of the China Banking Regulatory Commission (“CBRC”), all policy banks, large-sized banks, and joint-stock banks; Postal Savings Bank of China; and all provincial rural credit cooperative unions:
To comprehensively implement the Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Accelerating the Advancement of the Development of a Credit Supervision, Warning and Punishment Mechanism for Dishonest Judgment Debtors (No. 64 [2016], General Office of the CPC Central Committee), the Opinions of the Supreme People's Court and the China Banking Regulatory Commission on the Online Enforcement Inquiry and Control and Joint Credit Punishment by People's Courts and Banking Financial Institutions (No. 266 [2014], SPC), and the Notice of the Supreme People's Court and the China Banking Regulatory Commission on Jointly Issuing the Working Rules for the Online Enforcement Inquiry and Control of People's Courts and Banking Financial Institutions (No. 321 [2015], SPC), maintain judicial authority, prevent financial risks, and promote the building of the social credit system, the Supreme People's Court and the CBRC have decided to further promote the online enforcement inquiry and control and joint credit punishment by people's courts and banking financial institutions, you are hereby notified of the relevant matters as follows:
I. 21 banks (Industrial and Commercial Bank of China, Agricultural Bank of China, Bank of China, China Construction Bank, Bank of Communications, China Everbright Bank, China Minsheng Bank, Huaxia Bank, China Merchants Bank, China Guangfa Bank, Shanghai Pudong Development Bank, Agricultural Development Bank of China, China CITIC Bank, Ping An Bank, China Bohai Bank, China Zheshang Bank, Industrial Bank Co., Ltd., Hengfeng Bank, Postal Savings Bank of China, Export-Import Bank of China, and Bank of Beijing) shall launch the functions of online freezing and online deduction of bank deposits before March 31, 2018.
II. 19 banks (Industrial and Commercial Bank of China, Agricultural Bank of China, Bank of China, China Construction Bank, Bank of Communications, China Everbright Bank, China Minsheng Bank, Huaxia Bank, China Merchants Bank, China Guangfa Bank, Shanghai Pudong Development Bank, China CITIC Bank, Ping An Bank, China Bohai Bank, China Zheshang Bank, Industrial Bank Co., Ltd., Hengfeng Bank, Postal Savings Bank of China, and Bank of Beijing) with financial wealth management product business shall launch the function of online freezing of financial wealth management products before March 31, 2018.
III. Local banking financial institutions other than 21 banks shall launch the functions of online freezing and online deduction of bank deposits before April 30, 2018.
IV. Local banking financial institutions other than 21 banks shall complete the testing of the functions of inquiry and control of financial wealth management products by the Supreme People's Court (testing is required no matter whether there are financial wealth management product business); and the local banking financial institutions with financial wealth management product business shall launch the function of online inquiry of financial wealth management products before May 31, 2018, and launch the function of online freezing of financial wealth management products before June 30, 2018.
V. Banking financial institutions shall support the full-amount deduction and partial deduction of the bank deposits that have been frozen online. After the launch of the function of online deduction, the funds frozen online shall, in principle, be deducted online.
VI. A people's court shall, when deducting the bank deposits of a judgment debtor, provide the relevant Ruling for Enforcement and Notice on Assistance in Enforcement, and work certificates and contact information of enforcement officers; and aforesaid provision shall apply, mutatis mutandis, to the onsite deduction of bank deposits.
VII. Where a people's court deducts online the bank deposits of a judgment debtor, it shall first take the measure of online freezing; the funds deducted online shall be transferred to the special account for enforcement funds or the special account for funds involved in the case; and the people's court shall, after freezing online the funds of the judgment debtor, notify the judgment debtor in a timely manner.
VIII. Where funds are retained in the internal account of a bank due to a people's court's failure in online deduction, the bank shall notify the enforcement officers of the enforcement court to carry the Ruling for Enforcement, the Notice on Assistance in Enforcement, and their work certificates to deduct relevant funds onsite.
If an enforcement court in a different location entrusts the deduction of relevant funds to a local courts, the entrusting court shall provide: Ruling for Enforcement, Notice on Assistance in Enforcement, Letter of Entrusted Enforcement, Service Acknowledgement (or Acknowledgement) and the scanned copies of enforcement officers' work certificates. The aforesaid legal documents shall be affixed with the electronic signatures of the entrusting court, or the legal documents affixed with seals shall be converted into colored scanned copies; the entrusted court shall carry the colored printed copies of the aforesaid materials and the work certificates of the enforcement officers of the entrusted court; and the bank shall assist in the handling thereof.
Where an enforcement court in a different location mails the originals of the Ruling for Enforcement and the Notice on Assistance in Enforcement and the photocopies of enforcement officers' work certificates by special judicial posts, the bank shall assist in the handling thereof.
IX. Banking financial institutions shall research and improve bank-end online inquiry and control databases, so as to ensure that the data returned from the online inquiry and control systems are consistent with the data inquired at counters offline; shall improve the performance of bank-end online inquiry and control databases, improve the feedback speed and rates, and solve the backlog of inquiry and control data; and shall give effective feedback within 24 hours after receiving the online inquiry and control requests initiated by the online enforcement inquiry and control system for courts nationwide.
X. The higher people's courts of all provinces (autonomous regions and municipalities directly under the Central Government), the Military Court of the People's Liberation Army, and all local offices of the CBRC shall take charge of urging and implementing the on-time launch of the functions of online freezing and online deduction of bank deposits and the on-time launch of the functions of online inquiry and online freezing of financial wealth management products by local banking financial institutions within their respective jurisdictions; take charge of tracking and urging the effective performance of the statutory obligation of assisting in enforcement by local banking financial institutions within their respective jurisdictions, and improving the accuracy and feedback rates of the information returned through online inquiry and control; and report the progress to Supreme People's Court and CBRC.
XI. Banking financial institutions shall effectively perform their statutory obligation of assisting in enforcement, and are strictly prohibited to illegally disclose the information related to cases to judgment debtors or assist judgment debtors in evading or avoiding enforcement. Where any staff member of a people's court or a banking financial institution violates the aforesaid provisions, resulting in adverse impacts, it or he shall be held liable accordingly.
XII. In case of any discrepancy between the relevant regulatory documents on assistance in enforcement of the people's courts and banking financial institutions and this Notice, this Notice shall prevail.
The Supreme People's Court will establish the urging, notification, negotiation and inspection mechanisms for online inquiry and control together with the CBRC, and research and solve relevant problems encountered during the enforcement. All local offices of the CBRC shall forward this Notice to the local sub-offices of the CBRC and the local banking financial institutions within their respective jurisdictions.
Contact person of the Supreme People's Court: Wang Lijuan
Tel.: 010-67556629
Fax: 010-67557108
Contact person of the CBRC: Cao Yan
Tel.: 010-66279613
Fax: 010-66299367
Supreme People's Court
China Banking Regulatory Commission
March 12, 2018