Chapter I General Provisions Article 1 is to strengthen the management of bank card acquiring business, regulate the bank card acquiring business behavior, prevent the risk of bank card acquiring business, and safeguard the legitimate rights and interests of the parties involved in the bank card acquiring business, according to the People’s Republic of China. These Measures are formulated by the People's Bank of China Law, the Anti-Money Laundering Law of the People's Republic of China, the Administrative Licensing Law of the People's Republic of China, the Measures for the Administration of Payment Services for Non-Financial Institutions, and relevant laws and regulations.
Article 2 The bank card acquiring business (hereinafter referred to as the “acquisition businessâ€) referred to in these Measures refers to the act of collecting monetary funds for bank card merchants through bank card acceptance terminals (hereinafter referred to as “acceptance terminalsâ€).
The acceptance terminal refers to various payment terminals that generate bank card transaction instruction elements through the bank card information reading device, including a point of sale (POS) terminal, a transfer POS, a telephone POS, a multi-purpose financial IC card payment terminal, and a contactless acceptance bank. Card information terminal, cable TV card terminal, self-service terminal and other types.
The bank card receipt includes the RMB card acquiring business and the foreign currency card acquiring business.
Article 3 The acquiring institutions, acquiring outsourcing service agencies and special merchants who participate in the bank card acquiring business within the territory of the People's Republic of China shall abide by these Measures.
The term “institution†as used in these Measures refers to banking financial institutions and non-financial institutions that sign bank card acceptance agreements with special merchants and promise to pay to the merchants and assume the core business responsibility.
The term “outsourcing service agency†as mentioned in these Measures refers to an enterprise that accepts the non-core business of the acquiring business.
The special merchants referred to in these Measures refer to enterprises and institutions, individual industrial and commercial households or other organizations that provide goods or services to cardholders and accept bank cards to complete fund settlement.
Article 4 Banking financial institutions that permit the implementation of bank card business in the business scope may carry out the acquiring business; non-financial institutions, as the acquiring entity, engage in the acquiring business, and shall obtain the "payment business" in accordance with the "Administrative Measures for Payment Services of Non-financial Institutions". License, and obtain the qualification for handling the acquiring business.
Article 5 The acquiring principles for acquiring institutions, acquiring outsourcing service agencies and special merchants shall comply with the following principles:
First, the principle of universal networking;
Second, the principle of equal voluntariness and fair competition;
Third, the principles of safety, efficiency and integrity.
Article 6 The acquiring business involved in the acquiring institution mainly includes:
(1) Develop special merchants, conduct qualification audits for special merchants, sign contracts with special merchants and promise to pay for them;
(2) Training the cashiers and financial personnel of the special merchants, and educating the special merchants to accept the relevant business in a correct and compliant manner;
(3) Conducting transaction monitoring and on-site inspection of special merchants and their acquiring business;
(4) Responsible for the risk management and disposal of the acquiring business, and assume the responsibility of poor management of the special merchants;
(5) arranging and maintaining the acceptance terminal to ensure the data security of the acceptance terminal and the transaction transmission channel;
(6) For the special merchants to settle the funds for the acquiring business, to handle the errors in the acquiring business and business disputes.
Article 7 The acquiring institution shall not entrust the core business to the outsourcing service agency for handling.
The core business refers to the first (1), (3), (4) and (6) in Article 7.
Article 8 The acquiring institution, the acquiring service agency and the special merchants shall comply with the laws, administrative regulations and the provisions of these Measures, and shall not damage the national interests, the public interest, or the cardholders. And the legitimate rights and interests of the card issuer.
Article 9 The acquiring institution, the acquiring service agency and the special merchant shall abide by the relevant provisions of anti-money laundering and fulfill their anti-money laundering obligations.
Article 10 The acquiring business of the acquiring institution shall accept the supervision and management of the People's Bank of China in accordance with the law.
Chapter II Basic Provisions on the Receiving Business Article 11 The acceptance terminal placed by the acquiring institution shall conform to the general business specifications and technical standards of the network, post the bank card brand identity that can be accepted, and accept the bank card corresponding to the brand identity. Accept the bank card issued by this institution or a specific card issuer.
Article 12 The acquiring institution shall, in accordance with the principle of marketization, negotiate with the special merchants to determine the bank card settlement fee standard, and shall not adopt the vicious competition behavior of reducing the merchant settlement fee regardless of the cost in the process of expanding the merchant. The special merchant may choose to accept the purchase. The institution signs an acquisition agreement.
The acquiring institution should correctly set the merchant service category code of the special merchant. For merchants that carry out mixed operations and sell a variety of goods and services at the same time, the acquiring institution should compile multiple merchant codes according to the categories of business operations, and set the merchant service category codes separately. For merchants whose business business categories are not independent of each other and cannot be strictly distinguished, the merchant service category code shall be set according to their main business.
Article 13 The acquiring institution directly participates in the distribution of bank card transaction fee, and the outsourcing service agency shall not directly participate in the merchant fee allocation.
Article 14 The acquiring institution shall open one or more of the following business types according to the operating characteristics, business needs and risk assessment results of the special merchants:
(1) On-site payment service: The cardholder completes the payment at the special merchant's checkout counter, and the cashier of the special merchant uses the acceptance terminal to read the cardholder's bank card information and initiates the transaction instruction, and the cardholder confirms the payment result;
(2) Self-service payment service: the cardholder directly initiates the payment instruction through the self-service terminal and other channels to complete the transaction;
(3) Ordering business: The cardholder informs the special merchants of the bank card related payment information by means of telephone, etc., and the special merchant initiates the payment instruction to collect the relevant payment from the cardholder account;
(IV) Collection business: After the special merchant and the cardholder reach a written agreement on the payment, the special merchant shall initiate the deduction instruction in accordance with the agreement to collect the relevant payment from the cardholder account;
(5) Other businesses approved by the People's Bank of China.
Article 15 In addition to the internal transactions of the same legal person and the card issuer, the acquirer shall send all the bank card transaction information received to the bank card cross-bank clearing institution approved by the People's Bank of China (hereinafter referred to as the inter-bank clearing institution). Transfer and clearing shall not be sent to the card issuer, the institution without cross-bank clearing qualifications or other acquirer.
Article 16 The acquiring institution shall select the relevant business type according to the real scene of the merchant accepting the bank card, and send the transaction information in complete and accurate manner, and may not apply other business types, and may not copy or falsify the transaction information.
The transaction information includes but is not limited to: merchant name, merchant code, merchant service category code, merchant location, acceptance terminal type, acceptance terminal code, service type, and the like.
Article 17 The information of the bank card payment instruction sent by the acquiring institution shall use encryption and data verification measures to ensure the data is safe and complete.
Article 18 The acquiring institution shall not open the acquiring business across provinces, municipalities directly under the Central Government, autonomous regions and cities with separate plans, and the contracting entity shall be the local branch of the acquiring institution. Except for the total model approved by the head office of the People's Bank of China.
The total model for the general mode referred to in these Measures refers to the contractual agreement between the legal entity of the acquiring institution and the special commercial enterprise that provides the same goods or services nationwide.
Article 19 The acquiring account of a special merchant shall in principle be a unit bank settlement account. For merchants using personal settlement accounts, the acquirer should only open the debit card acceptance function.
The name of the acquiring account of the special merchant shall be the same as the name of the special merchant or the name of the person.
Article 20 The acquiring institution shall settle the funds for the special merchants in accordance with the agreement of the acquiring agreement and provide corresponding reconciliation services.
Article 21 The acquiring institution shall allocate the funds to the special merchants after the receipt of the settlement funds of the special merchants, but not the advance payment of funds in advance.
Article 22 The bank card number printed by the acceptance terminal shall be properly shielded to protect the information security of the cardholder.
Article 23 In principle, the acceptance terminal can only accept bank cards, except for prepaid cards issued by the People's Bank that are in compliance with the relevant bank card standards.
Chapter III Management of the acquiring institution Article 24 The acquiring institution shall initiate, change or terminate the acquiring business, report to the local branch of the People's Bank of China in accordance with the prescribed procedures, and accept the supervision and management of the local branches of the People's Bank of China. .
Article 25 A banking financial institution shall meet the following conditions when it initiates the acquiring business:
(1) having branches or offices at the local city center level;
(2) Equipping a team of personnel adapted to the scale of the business;
(3) Business management personnel who meet the requirements;
(4) Perfect internal control system and risk management measures for acquiring business;
(5) Establish a safety management system covering all aspects of the use of the acceptance terminal.
Article 26 In addition to the conditions listed in Article 24, non-financial institutions shall have the following conditions:
(1) Safe and efficient fund settlement channels;
(2) A sound internal fund management system;
(3) The risk repayment ability matching the scale of the acquiring business.
Article 27 The acquiring institution shall establish a complete core management system for the acquiring business, which shall include the merchant information management system, the transaction monitoring and risk early warning system.
Article 28 The acquiring institution shall take appropriate measures to fulfill the requirements of the real-name system of the special merchants, and conduct credit status review, license review and on-site investigation of the special merchants, and understand the business background, business premises, business scope, financial status of the special merchants, The status of credit information, etc., to ensure that special merchants are established in accordance with the law, internal management standards, and good business conditions.
The acquiring institution shall verify the business license, tax registration certificate or organization code certificate, legal representative and authorized manager's identity document for the enterprise and institution.
The acquiring institution shall verify the business license, the operator and the authorized manager's identity document for the individual industrial and commercial households.
Article 29 The acquiring institution shall establish a strict business access approval system, improve the merchant risk approval system and the merchant risk rating system. For merchants with higher risk levels, it shall strengthen risk management measures such as transaction monitoring and spot checks to prevent Risk of fraud.
Article 30 The acquiring institution shall sign an acquisition agreement with the special merchants on the principle of equality and voluntariness, and clarify the rights and obligations of both parties. The content of the agreement should include:
(1) The type of acceptance business and the acceptance requirements open to the merchant;
(2) Accepting the use and management requirements of the terminal;
(3) Account information and transaction data confidentiality clauses;
(4) Management requirements for transaction vouchers;
(5) Requirements for fund settlement, accounting reconciliation, error handling and business dispute resolution;
(6) Termination and renewal conditions of the acquiring service;
(7) Relevant business risk takers and liability for breach of contract.
Article 31 The acquiring institution shall establish the merchant information file for all the special merchants in the merchant information management system, including the basic information of the merchant, the change of the merchant information, the on-site and off-site inspection of the merchant, the training of the merchant, the annual inspection record of the merchant and the acceptance of the business. Information such as terminal management. The acquiring institution is responsible for the authenticity of the special merchant information.
The basic information of the merchants includes the name of the merchant, the person in charge, the business address, the business license number, the tax registration number, the organization code, and the legal person.
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