贷款通则
People's Bank of China， Lending General Provisions

中国人民银行令[1996]年2号
颁布日期：19960628 　实施日期：19960801 　颁布单位：中国人民银行

　　PART ONE ： GENERAL PROVISIONS

　　Article 1　These General Provisions are formulated¹ in accordance with the PRC， People's Bank of China Law and the PRC， Commercial Banking² Law and other relevant laws and regulations in order to regulate lending activities， safeguard the lawful³ rights and interests of lenders and borrowers， guarantee the safety of credit loan assets， enhance the overall benefit of loan usage and promote the continued development of the socialist⁴ economy.

　　Article 2　The term “lenders” in these General Provisions shall refer to Chinese-invested financial organizations engaged in the lending business that were lawfully⁵ established inside the People's Republic of China.

　　The term “borrowers” in these General Provisions shall refer to legal persons， other economic organizations， individual industrialists⁷ or merchants or natural persons that obtain loans from a Chinese-invested financial organization engaged in the lending business.

　　The term “loans” in these General Provisions shall refer to monetary⁸ funds that a lender provides to a borrower and the principal of which is to be repaid， and interest on which is to be repaid at an agreed rate and within an agreed time limit.

　　The term “loan currency” in these General Provisions shall include Renminbi and foreign currency.

　　Article 3　The granting and use of a loan shall conform to the laws and administrative⁹ regulations of the State and the administrative rules and regulations promulgated¹⁰ by the People's Bank of China， and shall respect the principles of beneficiality， security and liquidity¹¹.

　　Article 4　Lending and borrowing activities between a borrower and a lender shall abide¹² by the principle of equality， voluntariness， fairness and honesty and trustworthiness.

　　Article 5　In the development of lending business， lenders shall abide by the principle of fair competition and close co-operation， and may not engage in unfair competition.

　　Article 6　The People's Bank of China and its branches shall be the regulatory authorities for the implementation¹³ of the Lending General Provisions.

　　PART TWO　TYPES OF LOANS

　　Article 7　Loans for one's own account， entrusted¹⁴ loans and specially¹⁵ designated loans：

　　“Loans for one's own account” shall refer to loans granted on one's own initiative using funds raised by lawful means， the risk of which shall be borne by the lender， and of which the principal and interest shall be collected by the lender.

　　“Entrusted loans” shall refer to loans for which the funds are provided by an entrusting¹⁶ party such as a government department， a unit of an enterprise or institution， or an individual， of which the use is supervised and the recovery assisted by the lender （being the entrusted party） in accordance with the loan beneficiary， purpose， amount， term， interest rate， etc. determined¹⁷ by the entrusting party. The lender （being the entrusted party） receives only a handling fee but does not bear the loan risk.

　　“Specially designated loans” shall refer to loans which a wholly State-owned commercial bank is ordered to grant upon approval by the State Council， and after appropriate remedial measures are adopted to cover losses that may arise from such a loan.

　　Article 8　Short-term， medium-term and long-term loans：

　　“Short-term loan” shall refer to loan with a term of one year or less （including one year）。

　　“Medium-term loan” shall refer to a loan with a term of over one year （not including one year） and not more than five years （including five years）。

　　“Long-term loan” shall refer to a loan with a term of over five years （not including five years）。

　　Article 9　Fiduciary¹⁸ loans， secured loans and discounting of negotiable instruments：

　　“Fiduciary loan” shall refer to a loan granted on the reputation of the borrower.

　　“Secured loan” shall refer to a guaranteed loan， mortgage loan or pledge loan.

　　“Guaranteed loan” shall refer to a loan granted under the condition that a third party undertakes to bear ordinary or joint¹⁹ and several guarantee liability as agreed， in accordance with the forms of guarantee stipulated²¹ in the PRC， Security Law， if the borrower fails to repay the loan.

　　“Mortgage loan” shall refer to a loan granted against the property of the borrower or a third party as the mortgaged property， in accordance with the forms of mortgage stipulated in the PRC， Security Law.

　　“Pledge loan” shall refer to a loan granted against movable property or a right of the borrower or a third party as a pledged item in accordance with the forms of pledge stipulated in the PRC， Security Law.

　　“Discounting of negotiable instrument” shall refer to a loan granted through the purchase by the lender of a commercial negotiable instrument before maturity²² from the borrower.

　　Article 10　Except in the case of an entrusted loan， where a lender grants a loan， the borrower shall provide a guarantee. The lender shall conduct a strict examination into the repayment²³ capability²⁴ of the guarantor， and the ownership and value of a mortgaged property or pledged item， as well as the feasibility of realizing the mortgage rights or pledging rights.

　　Where， upon loan examination and assessment²⁵， the good creditworthiness and actual capability to repay the loan of the borrower is appraised²⁷ and confirmed， it is permissible²⁸ for a guarantee not to be provided.

　　PART THREE　TERM AND INTEREST RATE OF A LOAN

　　Article 11　Term of a loan：

　　The term of a loan shall be determined after consultations²⁹ between the lender and the borrower according to the borrower's production or business cycle and repayment capability， and the lender's ability to provide funds， and shall be stated clearly in the lending contract.

　　The term of a loan for one's own account shall generally not exceed ten years. Loans with a term exceeding 10 years shall be reported to the People's Bank of China for the record.

　　The term of discount for the discounting of negotiable instruments shall not exceed six months. The term of discount shall be from the date of discounting to the date of maturity of the negotiable instruments.

　　Article 12　Extension of the term of a loan：

　　Where a loan cannot be repaid on time， the borrower shall， before the date of maturity of the loan， apply to the lender for an extension of the term of such loan. The lender shall decide whether or not to extend the term. Where an application is made for extension of the term of a guaranteed loan， mortgage loan or pledge loan， the guarantor， mortgagor or pledgor shall additionally issue written proof of his or its consent. Where arrangements have already been made， matters shall be implemented³⁰ in accordance with such arrangements.

　　Extensions of the term of a short-term loan may not cumulatively³² exceed the original term of the loan； extensions of the term of a medium-term loan may not cumulatively exceed half of the original term of the loan； and extensions of the term of a long-term loan may not cumulatively exceed three years， unless regulations of the State provide otherwise. Where a borrower does not apply for an extension， or the application for an extension is not approved， the loan shall become an overdue³³ loan account as of the day after the date of maturity of the loan.

　　Article 13　Determination of interest on a loan

　　The lender shall confirm the interest rate for each loan in accordance with the maximum and minimum lending interest rates specified³⁴ by the People's Bank of China， and specify³⁵ the rate in the loan contract.

　　Article 14　Calculation and collection of interest on a loan

　　The lender and the borrower shall calculate and collect or pay interest on schedule in accordance with the lending contract and regulations of the People's Bank of China regarding the calculation of interest.

　　If the extended and the original terms， when added together， fall within a new interest rate bracket， lending interest from the date of the extension shall be calculated and collected in accordance with the new interest rate bracket.

　　Penalty interest shall be calculated and collected on overdue loans in accordance with regulations.

　　Article 15　Subsidized interest for loans：

　　Based on State policy， relevant departments may subsidize interest for loans， in order to promote the economic development of certain industries or regions.

　　A bank that undertakes loans for which relevant departments subsidize interest， shall investigate and grant such loans on their own initiative， and shall strictly³⁶ administrate such loans in accordance with relevant regulations of these General Provisions.

　　Article 16　Suspension， reduction or deferment³⁷ of， or exemption³⁸ from， loan interest：

　　Except where decided³⁹ by the State Council， no work units or individuals shall have the right to decide on a suspension， reduction or deferment of， or exemption from， interest. Lenders shall specifically handle the suspension， reduction or deferment of， or exemption from， interest based on the decision of the State Council， in accordance with their limits of authority and responsibility.

　　PART FOUR　BORROWERS

　　Article 17　A borrower shall be an enterprise legal person， institution legal person or other economic organization， individual industrialist⁶ or merchant approved and registered by the administrative authorities for the administration of industry and commerce （or the authorities-in-charge）， or a natural person with full capacity for civil acts and a PRC national.

　　A borrower applying for a loan shall satisfy such basic conditions as having a market for his or its products， having profitable production or business operations， not wrongfully seizing or misappropriating loan funds， and being scrupulously⁴⁰ creditworthy， and shall comply with the following requirements：

　　1. To be able to pay off the principal and interest according to schedule， and to have already paid off the interest on previous loans and due loans； where such payments have not been paid off， to have made a repayment plan approved by the lender；

　　2. To have gone through the annual inspection⁴¹ by the departments for industry and commerce， except in the case of a natural person or an institution legal person that is not required to undergo approval and registration⁴² by the departments for industry and commerce；

　　3. To have already opened a basic account or an ordinary savings⁴³ account；

　　4. That， in the case of a limited liability company or company limited by shares， the cumulative³¹ amount of its equity⁴⁴ investment in outside shares does not exceed 50 per cent of its total net assets， except where otherwise stipulated by the State Council；

　　5. That the debt-equity ratio of the borrower conforms with the requirements of the lender； and

　　6. Where an application for a medium- or long-term loan is made， the ratio of the ownership interest of the enterprise legal person in a new construction project to the total investment necessary for the project is not less than the capital fund ratio for investment projects stipulated by the State.

　　Article 18　Rights of a borrower：

　　1. A borrower may apply for a loan on his or its own initiative from the management organization of his or its loan organizer or other bank and obtain a loan according to the conditions；

　　2. A borrower shall have the right to draw down and use the entire loan as agreed in the contract；

　　3. A borrower shall have the right to reject attached conditions not included in the loan contract；

　　4. A borrower shall have the right to refer and report relevant details to the lender's superior authorities and to the People's Bank of China； and

　　5. Upon soliciting⁴⁵ and obtaining the consent of the lender， a borrower shall have the right to transfer the debt to a third party.

　　Article 19　Obligations of a borrower：

　　1. A borrower shall provide such true information as the lender may require （with the exception of such information that may not be provided by law）， provide to the lender true details of all banks with which he or it has opened accounts， all account numbers and all deposit balances， and co-operate with the lender in investigation⁴⁶， examination and inspection；

　　2. A borrower shall be subject to the lender's supervision⁴⁷ of his or its use of credit funds and of the relevant production， operation and financial activities；

　　3. A borrower shall use the loan as agreed upon in the loan contract；

　　4. A borrower shall promptly⁴⁸ pay off the principal of the loan together with the interest thereon， as agreed in the loan contract；

　　5. A borrower shall obtain the lender's consent if the borrower wishes to assign all or part of the debt to a third party； and

　　6. A borrower shall notify the lender in a timely manner of any details that may jeopardize⁴⁹ the security of the lender's claim， and at the same time shall take measures to preserve the claim.

　　Article 20　Restrictions⁵⁰ on a borrower：

　　1. A borrower may not obtain loans from two or more branches of the same lender at the same level and in the same jurisdiction⁵¹；

　　2. A borrower may not provide false details to， or withhold⁵² important details， from the lender concerning balance sheets， profit and loss accounts， etc.；

　　3. Except where otherwise stipulated by the State， a borrower may not use the loan to engage in equity investments；

　　4. A borrower may not use the loan to engage in speculation⁵³ in areas such as securities or futures⁵⁴；

　　5. A borrower may not use the loan to engage in property business， except where the borrower has lawfully obtained qualifications to engage in property business. Borrowers that have obtained qualifications to engage in property business may not use the loan to engage in property speculation；

　　6. A borrower may not divert loan funds in order to seek illegal profit by on-lending such loan；

　　7. A borrower may not use foreign currency loans in violation⁵⁵ of State administration of foreign exchange provisions； and

　　8. A borrower may not use deceptive⁵⁶ practices to fraudulently obtain a loan.

　　PART FIVE　LENDERS

　　Article 21　Lenders must be approved by the People's Bank of China to engage in lending business， hold a Financial Institution Legal Person Licence or a Financial Institution Business Licence issued by the People's Bank of China， and be approved and registered by the administrative departments for the administration of industry and commerce.

　　Article 22　Rights of a lender：

　　According to the conditions of the loan and on the basis of taking the initiative to undertake examination and checking of the lending process， and to decide the loan， a lender has the right to refuse the order for a loan or an order to provide a guarantee made by any unit or individual， except where the loan is a specially-designated loan approved by the State Council.

　　1. A lender has the right to require the borrower to provide information relevant to the loan；

　　2. A lender has the right to decide such matters as whether or not to provide a loan， the loan amount， loan term and loan interest， on the basis of the conditions of the borrower；

　　3. A lender has the right to know the production business activities and financial activities of the borrower；

　　4. The lender has the right to collect the principal of and interest on the loan by transferring the same from the borrower's account as agreed in the contract；

　　5. Where the borrower is unable to perform his or its obligations as stipulated in the loan contract， the lender has the right to require the borrower to prepay the loan or to stop paying to the borrower the part of the loan which he or it has not yet used， as agreed in the contract； and

　　6. Where a loan is about to sustain a loss or is already sustaining a loss， the lender may adopt measures to avoid loan losses， based on the provisions in the contract.

　　Article 23　Obligations of a lender

　　1. A lender shall publicly announce information on the types， terms and interest rates of loans that he or it engages in， and provide advice to borrowers；

　　2. A lender shall publicly disclose the particulars of an applicant's creditworthiness to be examined in connection with the granting of a loan， and the conditions for granting a loan；

　　3. A lender shall consider a borrower's application for a loan and respond promptly as to whether or not the loan will be granted. A response shall be given within one month for short-term loans， and within 6 months for medium- and long-term loans， except where otherwise stipulated by the State； and

　　4. A lender shall maintain the confidentiality⁵⁷ of details of the debts， finances， production and business of borrowers， except in the cases of inquiries⁵⁸ made according to the law.

　　Article 24　Restrictions on a lender：

　　1. When providing loans， relevant provisions of Article 39， regarding the management of debt-equity ratios， and the provisions of Article 40， regarding the prohibition⁵⁹ on granting fiduciary loans to connected parties and the prohibition on granting secured loans to connected parties on conditions that are more preferential than those for granting the same type of loan to other borrowers， of the PRC， Commercial Banking Law， must be strictly implemented.

　　2. No loans shall be granted to any borrower that：

　　（1） does not satisfy the qualifications and conditions stipulated in Article 17 of Part 4 of these General Provisions；

　　（2） produces， deals or invests in a product or project that is expressly prohibited by the State；

　　（3） violates State provisions on the administration of foreign exchange；

　　（4） has not obtained approval documents for a construction project that should be reported to relevant departments for approval in accordance with State provisions；

　　（5） has not obtained the permission of an environmental protection department for a production， business or investment project；

　　（6） in the process of a system change， such as implementing⁶⁰ contracting， leasing， joint venture， merger⁶¹ （merger by takeover）， co-operation， division， assignment of property rights for compensation， or restructure of a share system enterprise， has not paid off his or its pre-existing loan debts， fulfilled his or its pre-existing loan debts or provided appropriate security； or

　　（7） commits other serious illegal business activities.

　　3. No foreign currency loans may be granted to natural persons without the approval of the People's Bank of China；

　　4. No fees other than interest that is calculated and collected as stipulated by the People's Bank of China， may be collected on loans for one's own account and specially designated loans； no fees other than handling fees that are calculated and collected as stipulated by the People's Bank of China， may be collected on entrusted loans；

　　5. Funds shall not be advanced to the entrusting party， except where otherwise stipulated by the State； and

　　6. The lender shall strictly control fiduciary loans and actively⁶² promote secured loans.

　　PART SIX　LENDING PROCEDURES

　　Article 25　Loan applications：

　　A borrower in need of a loan shall apply directly to the management organization of his or its banks or the loan organization of another bank.

　　A borrower shall fill in a “Loan Application” specifying⁶³ main items such as the loan amount， purpose of the loan， repayment capability and repayment method， and provide the following information：

　　1. Main details of the borrower and the guarantor；

　　2. A financial report for the preceding year and a financial report for the period preceding the loan application， ratified⁶⁴ and approved by the financial authorities or an accounting⁶⁵ （auditing⁶⁶） firm；

　　3. Details of corrections to the unreasonable⁶⁷ use of pre-existing loans；

　　4. A checklist of mortgaged or pledged property， proof of consent to such mortgages or pledges from the persons having the right to dispose of the property， and relevant documentary proof that the guarantor intends to provide a guarantee；

　　5. Project proposal and feasibility study report； and

　　6. Other relevant information that the lender may consider necessary to be provided.

　　Article 26　Credit rating of a borrower：

　　The credit rating of a borrower shall be assessed according to factors such as the quality of its leaders， his or its actual financial status， his or its fund portfolio⁶⁸， his or its history of honouring agreements， his or its business benefits and his or its development prospects⁶⁹. Ratings may be given independently and controlled internally by the lender， or be given by an appraisal⁷⁰ organization approved by the authorized⁷¹ departments.

　　Article 27　Investigation of loans：

　　After a lender has received an application from a borrower， he or it shall carry out an investigation into the borrower's credit rating， as well as the legality， security， profitability， etc. of the loan， verify the details of the mortgaged or pledged property and guarantor， and assess the level of risks involved in the loan.

　　Article 28　Examination and approval of loans：

　　Lenders shall establish a loan administration system in which loan examination is separated from loan approval， and examination and approval is carried out at different levels. The examination personnel shall verify and appraise²⁶ the information provided by the investigation personnel， re-assess the loan risks， provide suggestions， and in accordance with their stipulated limits of authority， submit the same for approval.

　　Article 29　Entry into a loan contract：

　　For all loans， a loan contract shall be entered into between the lender and the borrower. The loan contract shall stipulate²⁰ the type， purpose， amount of the loan， interest rate on the loan， the lending term， repayment method， rights and obligations of the borrower and lender， liability for breach⁷² of contract and other matters that the two parties consider necessary to stipulate.

　　For a guaranteed loan， the guarantor and the lender shall enter into a guarantee contract， or the guarantor shall make a clear statement in the loan contract regarding the guarantee provisions discussed and unanimously agreed upon with the lender， which shall be sealed with the official seal of the guarantor legal person， and contain the signature and full name of the legal representative of the guarantor or of a representative authorized by him. For a mortgage loan or pledge loan， the mortgagor or pledgor and the lender shall enter into a mortgage or pledge contract， and where such contract is required to be registered， registration shall be handled in accordance with the law.

　　Article 30　Provision of loans：

　　The lender shall provide a loan on schedule in accordance with the arrangements of the loan contract. Where the lender fails to provide such loan on schedule in accordance with the contract， he or it shall pay a penalty for breach of contract. Where the borrower does not use the funds in accordance with the arrangements of the loan contract， he or it shall pay a penalty for breach of contract.

　　Article 31　Inspection after lending：

　　Upon provision of a loan， the lender shall carry out follow-up investigation and inspection of the borrower's implementation of the loan contract and business situation.

　　Article 32　Repayment of a loan：

　　The borrower shall repay the full amount of the principal with the interest thereon on time in accordance with the provisions of the loan contract.

　　One week prior to the date of maturity of a short-term loan， or one month prior to the date of maturity of a medium- or long-term loan， the lender shall send a notice to the borrower listing the principal to be repaid and interest due. The borrower shall promptly arrange the funds and repayment the principal with the interest thereon on time.

　　For overdue loans， the lender shall promptly issue a calling-in notice， and complete calling-in work for principal and interest on overdue loans.

　　For loans that are unable to be repaid in accordance with the term agreed upon in the loan contract， the lender shall add penalty interest in accordance with provisions. Where repayment cannot be made， or repayment of principal and payment of interest arrangements cannot be fulfilled， repayment shall be supervised and urged， or a civil case shall be initiated⁷³ in accordance with the law.

　　Where the borrower wishes to repay the loan ahead of the term of such loan， he or it shall consult with the lender.

　　PART SEVEN　SUPERVISION OF BAD LOANS

　　Article 33　Lenders shall establish and perfect a system of supervising loan quality， and classify， register， inspect and call in bad loans.

　　Article 34　“Bad loans” shall refer to dead loans， idle loans and overdue loans.

　　“Dead loans” shall refer to loans that are classified as bad loans in accordance with relevant provisions of the Ministry⁷⁴ of Finance.

　　“Idle loans” shall refer to loans （excluding dead loans） that， in accordance with relevant provisions of the Ministry of Finance， are overdue （including those that fall due after extension of the term） by exceeding the stipulated time limit and that still are not repaid， or that although overdue or are not overdue because they do not exceed the stipulated time limit but were granted for production or business operations that have been suspended or for a project the construction of which has ceased.

　　“Overdue loans” shall refer to loans （excluding idle loans and dead loans） that have not been repaid by the date of maturity agreed upon in the loan contract （including those that fall due after extension of the term）。

上一篇：贷款通则（二） 下一篇：国家外汇管理局关于外商投资企业资本金变动若干问题的通知