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Decree
of the State Council People's Republic of China
No.280
" The Regulations of the People's Republic of China Governing
the Renminbi " was passed on December 12, 1999 by the Twenty-forth
Standing Meeting of the State Council. They are hereby promulgated
and shall come into force on May 1, 2000.
Zhu Rongji
Premier
February 3, 2000
Translated by the People's
Bank of China
Chapter I
General Provisions
Article 1 To
strengthen the governing of the Renminbi; to safeguard the credibility
of the Renminbi; and to stabilize financial order, these regulations
have been formulated in accordance with " the Law of the People's
Republic of China on the People's Bank of China ".
Article 2 The Renminbi as stated in
these regulations indicates the currency, including paper money
and coins, issued by the People's Bank of China according to law.
All activities pertaining to the design, printing, issuance, circulation
and withdrawal of the Renminbi shall abide by these regulations.
Article 3 The legal tender of the
People's Republic of China is the Rrenminbi. The Renminbi shall
be used to defray all public and private liabilities within the
People's Republic of China. No organization or individual may refuse
to accept it.
Article 4 The unit of the Renminbi
is the yuan and its fractional currency is the jiao and fen. One
yuan is equivalent to 10 jiao and 1 jiao is equivalent to 10 fen.
The Renminbi shall be paid out according to its denominations.
Article 5 The People's Bank of China
is the state institution in charge of governing the Renminbi. It
is responsible for organizing the implementation of these regulations.
Article 6
All organizations and individuals shall take good care of the Renminbi.
It is forbidden to damage the Renminbi and to hinder its circulation.
Chapter II
Design and Printing
Article 7 The
People's Bank of China shall organize the design of new series of
Renminbi and shall submit the designs to the State Council for approval.
Article 8 Renminbi
shall be printed by special enterprises appointed by the People's
Bank of China.
Article 9 The
enterprises responsible for printing
Renminbi shall do the printing according to the quality standards
and printing plans laid down by the People's Bank of China.
Article 10 The
enterprise responsible for printing Renminbi shall hand over under
guard all up-to-standard Renminbi products to the Renminbi Issue
Vault of the People's Bank of china. The enterprise shall destroy
in their entirety those Renminbi products that are not up to standard
in accordance with the stipulations of the People's Bank of China.
Article 11 The
original plates and original molds used in printing Renminbi shall
after use be sealed up for safekeeping by the People's Bank of China.
Article 12 The special material, technology
production process, and specialized equipment and other important
matters pertaining to the printing of Renminbi are classified as
state secrets. The enterprise engaged in the printing of Renminbi
and related personnel shall keep these state secrets. Without the
approval of the People's Bank of China, no organization or individual
shall divulge to outsiders the above information.
Article 13 Without the approval of
the People's Bank of China, no organization or individual shall
engage in the research, copy, import, sale, purchase and use of
the material, techniques, technology and craft as well as special
equipment used to produce Renminbi.
Article 14 The specimen of Renminbi
are standard samples used to examine the quality of printed Renminbi
and to authenticate it. They are printed by the enterprise responsible
for printing Renminbi according to the stipulations laid down by
the People's Bank of China. The Renminbi sample shall bear the printed
words " the specimen".
ChapterIII
Issuance and Withdrawal
Article 15
The Renminbi shall be solely issued by the People's Bank of China.
Article 16 The
People's Bank of China shall gain the approval of the state Council
before issuing new currency.
The People's Bank of China shall make public announcement of the
time of issuance, denominations, patterns, designs, specifications,
major hue, major characteristics, etc, of a new Renminbi issue.
The People's Bank of China may not disburse the new series of Renminbi
to financial institutions before the issuance of such banknotes
is formally announced to the public.
Article 17
The People's Bank of China shall decide for the purpose of anti-counterfeiting
or other purpose, whether the material, technology and production
process employed in printing Renminbi need to be changed.
The People's Bank of China shall make public announcement of the
time of issuance, deniminations and major characteristics of the
bank notes with the up grad.
The People's Bank of China may not disburse the Renminbi with changed
impressions to financial institutions before the issuance of such
banknotes are formally announced to the public.
Article 18 The
People's Bank of China may issue commemorative currencies according
to needs. The commemorative currencies are a sort of Renminbi with
special themes and a limitation of issuing quantity. They include
general commemorative currencies and precious metal commemorative
currencies.
Article 19
The People's Bank of China shall determine the theme, denomination,
design, material and quality, style, specifications, and volume
of and time of issue of the commemorative currencies. However, themes
involving major political or historical subjects shall be submitted
to the State Council for approval.
The People's Bank of China shall announce to the public, the theme,
denomination, design, material and quality, style, specifications,
and volume of and time of issue of the commemorative currencies.
The People's Bank of China may not disburse the commemorative currencies
to the financial institutions before the issuance of such banknotes
or coins are formally announced to the public.
Article 20 The People's Bank of China
shall establish a branch vault and its branches shall establish
a branch vault for the safekeeping of the Renminbi Issue Fund. The
directors of the various vaults at different levels shall be the
presidents of the People's Bank of China of equivalent levels.
The Renminbi Issue Fund is the Renminbi which is not in circulation
and is kept by the Renminbi Issue Vault of the People's Bank of
China.
The allocation of the Renminbi Issue Fund shall be conducted according
to the stipulations laid down by the People's Bank of China. No
organization or individual may draw on the Renminbi Issue Fund in
violation of the abovementioned stipulations. Neither may they interfere
with nor obstruct the allocation of the Renminbi Issue Fund.
Article 21
Withdrawing from circulation the specified series of Renminbi shall
be approved by the State Council and publicly announced by the People's
Bank of China.
Financial institutions handling the deposit and withdrawal of Renminbi,
according to the stipulations laid down by the People's Bank of
China, shall take in and exchange the Renminbi that have been withdrawn
from circulation and hand them over to the local branch of People's
Bank of China for safekeeping.
The People's Bank of China may not disburse the financial instiutions
those Renminbi withdrawn from circulation. Financial institutions
may not pay out the Renminbi withdrawn from circulation.
Article 22
Financial institutions handling the deposit and withdrawl of Renminbi
shall according to the stipulations laid down by the People's Bank
of China exchange free of charge for the public Renminbi that have
parts missing or have been dirtied and damaged; and shall pick out
the Renminbi that have parts missing or have been dirtied and damaged.
These bank notes shall be handed over to the local People's Bank
of China for safekeeping. The People's Bank of China may not disburse
to financial institutions Renminbi that have parts missing or have
been dirtied and damaged; and financial institution may not pay
out Renminbi that have parts missing or have been dirtied and damaged.
Article 23
The People's Bank of China shall be responsible for collecting and
destroying Renminbi that have been withdrawn from circulation and
have parts missing or have been dirtied and damaged. Detailed plans
shall be drawn up by the People's Bank of China.
Chapter IV
Circulation and Safeguards
Article 24 Financial
institutions handling the deposit and withdrawl of Renminbi shall
according to the priciple of reasonable needs conduct swaps of the
various kinds of Renminbi notes.
Article 25 Illegal
buying and selling of circulating Renminbi is forbidden. The buying
and selling of commemorative currency shall adhere to related stipulations
laid down by the People's Bank of China.
Article 26 Mounting
and decorating circulating Renminbi and circulating Renminbi for
sales shall gain the approval of the People's Bank of China.
Article 27 The
following acts aimed at impairing Renminbi are forbidden:
1. Intentionally damaged the Renminbi;
2. Make, copy and buy and sell Renminbi designs and patterns;
3. Make use of Renminbi designs and patterns on propaganda items,
publications and other commercial articles without the approval
of the People's Bank of China;
4. Other acts stipulated by the People's Bank of China as acts impairing
the Renminbi.
The abovementioned Renminbi designs and patterns include those that
are enlarged, reduced in size and of the same size.
Article 28 Circulation
of sample Renminbi is forbidden. The People's Bank of China shall
lay down regulations governing Renminbi samples.
Article 29 No organization or individual
may print and sell ersatz vouchers and certificates and circulate
them on the market as substitutes of the Renminbi.
Article 30 A
quota system shall be in place to govern the amount of Renminbi
that may be taken out or brought in by Chinese citizens leaving
and returning to China and by foreigners entering China. Quota limits
shall be stipulated by the People's Bank of China.
Article 31 Counterfeiting
or altering Renminbi is forbidden. Smuggling, transporting, possessing
or using counterfeit or altered Renminbi is forbidden.
Article 32 Those
organizations and individuals that have in their possession counterfeit
or altered Renminbi shall hand them over in a timely fashion to
the People's Bank of China, Public security organs or financial
institutions handling the deposit and withdrawl of Renminbi. Organizations
or individual shall immediately report to public security organs
when they discover other
holding counterfeit or altered Renminbi.
Article 33 The
People's Bank of China and the public security organs upon discovery
of counterfeit or altered Renminbi shall confiscate them, stamp
them with the words " counterfeit note " and compile registration.
Should a possessor take exception to the authenticity of the Renminbi
confiscated by a public security organ, the possessor may appeal
to the People's Bank of China for appraisal. The public security
organs shall send under guard the counterfeit or altered Renminbi
they confiscated to the local People's Bank of China.
Article 34 Financial institutions
handling the deposit and withdrawl of Renminbi shall immediately
report to public security organs when they discover large amounts
of counterfeit or altered Renminbi; or clues of new series of counterfeit
or altered Renminbi; or the production and selling of counterfeit
or altered Renminbi. If the amount is rather limited, two or more
personnel of a financial instution shall take over the counterfeit
or altered Renminbi in the presence of the holder; stamp each bank
note with the words " counterfeit note "; compile registration;
provide the holder with a takeover certificate solely printed by
the People's Bank of China; and inform the holder that he / she
may apply to the People's Bank of China or the business section
of a solely state-owned and financial commercial bank authorized
by the People's Bank of China for appraisal. Detailed ways of taking
over and appraising counterfeit or altered Renminbi shall be laid
down by the People's Bank of China. Financial institutions handling
the deposit and withdrawl of Renminbi shall hand over under guard
the counterfeit and altered Renminbi bank notes to the local People's
Bank of China.
Article 35 The People's Bank of China
and the business sections of solely state-owned and financed commercial
banks authorized by the People's Bank of China shall provide free
service of appraising the authenticity of Renminbi.
Those Renminbi stamped with the words " counterfeit note "
but determined to be authentic ones shall be exchanged at par value
by the People's Bank of China or the business sections of solely
state-owned and financed commercial banks authorized by the People's
Bank of China. Those bank notes that are determined to be counterfeit
ones shall be confiscated by
the People's Bank of China or the business sections of solely state-owned
and financed commercial banks authorized by the People's Bank of
China. The business sections of solely state-owned and financed
commercial banks authorized by the People's Bank of China shall
hand over under guard the counterfeit or altered Renminbi to the
local People's Bank of China.
Article 36 Financial institutions
handling the deposit and withdrawl of Renminbi shall adopt effective
measures to guard against the disbursement of counterfeit and altered
Renminbi. Financial institutions handling the deposit and withdrawl
of Renminbi shall provide at their business locations free service
for the appraisal of the authenticity of Renminbi.
Article 37 Counterfeit and altered
Renminbi bank notes shall be destroyed solely by the People's Bank
of China.
Article 38 Anti-bogus
Renminbi appraisal instruments shall be produced according to the
standards laid down by the state.
The state standard of the anti-bogus Renminbi appraisal instruments
shall be laid down by the People's Bank of China in conjunction
with the related departments. The bank shall assist in organizing
its implememtation.
Article 39
Renminbi in any one of the following conditions may not be circulated:
1. Those that have parts missing and / or dirted and damaged; and
2. Those that have been withdrawn from circulation.
Chapter V
penalties
Article 40 The
enterprise printing Renminbi and related personnel responsible for
any one of the following conditions shall be given a disciplinary
warning; shall have their illegal gains confiscated; and shall be
fined over twice and under 3 times the amount of their illegal gains
by the People's Bank of China. Those that have not acquired illegal
gains shall be ordered to pay a fine of over RMB 10000 yuan and
under RMB 100000 yuan by the People's Bank of China. Disciplinary
measures according to law shall be taken by the People's Bank of
China against those in charge and are directly responsible and other
personnel that bear direct responsibility.
1. Failed to print Renminbi according to the quality standard and
printing plan laid down by the People's Bank of China;
2. Failed to hand over under guard the entire amount of up-to-standard
Renminbi products to the Renminbi Issue Vault of the People's Bank
of China;
3. Failed to comply by the stipulations of the People's Bank of
China and destroy in their entirely the Renminbi products that are
not up to standard;
4. Without the approval of the People's Bank of China provide outsiders
with state secrets such as the special material, technology, craft
or specialized equipment used in the printing of Renminbi.
Article 41 Those violating Article
13 of these regulations shall be given disciplinary warnings; shall
have their illegal gains and unlawful money and goods confiscated;
and shall be fined over twice and under 3 times the amount of their
illegal gains by the industry and commerce administrations and other
administrative and law enforcement organs. Those that have not acquired
illegal gains shall pay a fine of over RMB 20000 yuan and under
RMB 200000 yuan.
Article 42
Financial institutions handling the deposit and withdrawl of Renminbi
violating the second and third paragraph of Article 21 and Article
22 shall be given a disciplinary warning and ordered to pay a fine
of over RMB 1000 yuan and under RMB 5000 yuan by the People's Bank
of China. Disciplinary measures according to law shall be taken
by the People's Bank of China against those in charge and directly
responsible and other personnel that bear direct responsibility.
Article 43
Those intentionally damaging the Renminbi shall be warned by public
security organs and fined less than RMB 10000 yuan.
Article 44 Those violating Article
25, Article 26 and paragraph 1, items 2 and 4 of Article 27 of these
regulations shall be given disciplinary warnings; shall have their
illegal gains and unlawful money and goods confiscated; and shall
be fined over twice and under 3 times the amount of their illegal
gains by industry and commerce administrations and other administrative
and law enforcement organs. Those that have not acquired illegal
gains shall pay a fine of over RMB 1000 yuan and under RMB 50000
yuan. The industry and commerce administrations and other administrative
and law enforcement organs shall destroy the Renminbi designs and
patterns that were unlawful used.
Articel 45
Financial institutions handling the deposit and withdrawl of Renminbi
and the business section of solely state-owned and financed commercial
banks authorized by the People's Bank of China violating Articles
34,35 and 36 of these regulations shall be given a disciplinary
warning and fined over RMB 1000 yuan and less than RMB 50000 yuan
by the People's Bank of China against those in charge and are directly
responsible and other personnel that bear direct responsibility.
Article 46
Those in charge and are directly responsible and other personnel
that bear direct responsibility of the People's Bank of China, public
security organs, industry and commerce administrations as well as
their functionaries violating these regulations shall receive administrative
punishment according to law.
Article 47
Those violating the third paragraph of Artcle 20, item 3 of the
first paragraph of Articel 27, Articel 29 and Articel 31 of these
regulations shall be penalized according to the stipulations of
" the Law of the People's Republic of China on the People's
Bank of China." Among them however, those violating Articel
31 of these regulations and whose violations constitute criminal
offenses shall be investigated for their criminal responsibilities.
Chapter Vi
Supplementary Provisions
Article 48 These
regulations shall come into force on May 1, 2000.
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