中国人民银行令第3号
(Approved by the State Council on October 20, 1997 and promulgated¹ by Decree No. 3 of the People's Bank of China on November 12, 1997)
颁布日期：19971112 　实施日期：19971112 　颁布单位：中国人民银行

　　Article 1 These Provisions are formulated² in accordance with the Commercial Bank Law of the People's Republic of China and the Regulations on Supervision³ and Management of State-owned Enterprises Property and for the purpose of deepening the reform of the banking⁴ system, establishing boards of supervisors⁶ in solely⁷ state-owned commercial banks and perfecting the supervision mechanism⁸ in solely state-owned commercial banks.

　　Article 2 A board of supervisors in any solely state-owned commercial bank (hereinafter referred to as "a board of supervisors") is an organization that, stationed by the People's Bank of China in a solely state-owned commercial bank under the authorization⁹ of the State Council, exercises supervision over the assets quality and conditions of preservation¹⁰ and appreciation¹¹ of the value of state-owned assets in the solely state-owned commercial bank.

　　Article 3 The main responsibilities of a board of supervisors are as follows:

　　(1) examining the financial statements of the solely state-owned commercial bank and supervising and evaluating the quality of credit assets, ratio management between assets and debts and the conditions of preservation and appreciation of the value of state-owned assets in the solely state-owned commercial bank;

　　(2) carrying out supervision and evaluation¹² of the business performance of the chairman or president of the solely state-owned commercial bank and proposing for his or her appointment and relief of the post, rewards and penalties;

　　(3) carrying out supervision over acts of the chairman or president who performs the functions of the solely state-owned commercial bank and, may require him or her to make corrections if he or she commits acts violating laws, administrative¹³ regulations or rules of the bank; and

　　(4) when necessary, proposing a meeting of the board of directors or of high-ranking managerial staff of the solely state-owned commercial bank to discuss major problems in operations and management.

　　Article 4 A board of supervisors shall be responsible to the People's Bank of China and report on its work to the People's Bank of China at regular intervals¹⁴.

　　The People's Bank of China should report on the work of boards of supervisors to the State Council at regular intervals.

　　Article 5 A board of supervisors shall be composed of the following members:

　　(1) one representative from the People's Bank of China;

　　(2) one representative each from the Ministry¹⁵ of Finance, the State Economic and Trade Commission, the National Audit¹⁶ Administration and the State Administration of State Assets;

　　(3) one or two representatives from staff members of the solely state-owned commercial bank; and

　　(4) one or two experts in economics or law.

　　Article 6 Any supervisor⁵ of a solely state-owned commercial bank should fulfil the following requirements:

　　(1) impartial¹⁷ and honest, faithful in the discharge of his duties and free of violation¹⁸ of laws or discipline on record;

　　(2) having an educational background of a graduate from economic or law faculty¹⁹ of a university or above and engaged in economic or legal work for more than 10 years;

　　(3) having an excellent understanding of macro-policies, comprehensive mastery of knowledge in the field of banking, financial accounting²⁰ and law and rich experiences in theory and practice of economic management; and(4) other requirements stipulated²¹ by the People's Bank of China.

　　Article 7 Representatives from the different departments in a board of supervisors shall be nominated by these departments and appointed by the People's Bank of China upon verification of their qualifications.

　　Representatives from staff members of a solely state-owned commercial bank in its board of supervisors shall be elected democratically by staff members of the bank and appointed by the People's Bank of China upon verification of their qualifications.

　　Experts in economics or law in a board of supervisors shall be recommended by the relevant departments and units and appointed by the People's Bank of China upon verification of their qualifications.

　　The People's Bank of China shall submit the list of members of the board of supervisors to the State Council for the record.

　　Article 8 The chairman of a board of supervisors shall be nominated from among the supervisors by the People's Bank of China and submitted to the State Council for the appointment.

　　Article 9 The chairman of a board of supervisors holds a full-time²² position and other supervisors on the board hold part-time positions.

　　Article 10 The high-ranking managerial staff and the person in charge of financial affairs in a solely state-owned commercial bank shall not concurrently²³ serve as supervisors of their own bank.

　　Article 11 The term of office of a supervisor shall be three years. A supervisor may, if approved through verification by the People's Bank of China upon the expiration²⁴ of the term of office, serve consecutive²⁵ terms but shall serve no more than two consecutive terms.

　　Article 12 If the chairman of a board of supervisors no longer meets the requirements for the position before the expiration of the term of office, the People's Bank of China shall report to the State Council for relief of the post.

　　If any other supervisor on a board of supervisors no longer meets the requirements for the position before the expiration of the term of office, the People's Bank of China shall remove him or her from office upon verification and report to the State Council for the record.

　　Article 13 The meeting of a board of supervisors shall be convened²⁶ once a quarter. Upon proposal made by the chairman of the board of supervisors or one-third or more of supervisors, an interim²⁷ meeting may be convened.

　　Article 14 The meeting of a board of supervisors can be held only if two-thirds or more of the supervisors are present.

　　Any resolution of a board of supervisors becomes effective with the consent of more than half of all the supervisors.

　　Article 15 The chairman of a board of supervisors may attend major working meetings convened by the People's Bank of China.

　　Article 16 Members of a board of supervisors have the following rights for the performance of functions and responsibilities:

　　(1) attending major working meetings and business meetings convened by the solely state-owned commercial bank, and understanding and mastering in time related economic and financial policies;

　　(2) consulting financial accounts and related information of the solely state-owned commercial bank;

　　(3) addressing inquiries²⁸ to high-ranking managerial staff and relevant professionals of the solely state-owned commercial bank; and

　　(4) putting forth²⁹ proposals for the operations and management of the solely state-owned commercial bank.

　　Article 17 Members of a board of supervisors shall not reveal business secrets of the solely state-owned commercial bank.

　　Article 18 Neither a board of supervisors nor its supervisors have the right to interfere³⁰ with autonomous³¹ management of the solely state-owned commercial bank.

　　Article 19 With the exception of the representative(s) appointed as a supervisor(s) from among staff members of a solely state-owned commercial bank, no other member of the board of supervisors shall accept remuneration of the solely state-owned commercial bank.

　　Article 20 The People's Bank of China shall bear the expenses necessary for the performance of functions and responsibilities of a board of supervisors.

　　Article 21 Matters related to a board of supervisors not stipulated in these Provisions shall be handled in accordance with the relevant provisions of the Regulations on Supervision and Management of State-owned Enterprises Property.

　　Article 22 The People's Bank of China shall be responsible for organizing the implementation³² of these Provisions.

　　Article 23 These Provisions shall enter into force as of the date of promulgation³³.