Section 1 General principles
Article 1 The constitution is formulated in response to the need to provide better tool for payment in credit, and
accelerate the replacement of China's traditional currency with electronic currency, and with a view to Measures for the
Administration of Bank Card Business and Circular of the State Administration of Foreign exchange on Regulating Management of
Foreign Currency Bank Cards and Law of the People's Republic of China on protection of consumers' rights and interests and
other related regulations.
Article 2 The Minsheng Credit Card is issued by China Minsheng Bank Corporation (referred to as CMBC in the following
passages). It is a credit payment tool with revolving credit lines, providing the card holders certain lines of credit so
that they can overdraw their accounts in consumptions and refund later, and settling accounts in RMB or other appointed
foreign currencies in settlements.
Article 3 The Minsheng credit card include personal cards and business card in view of different targeted groups, RMB card
and bi-currency (RMB or appointed foreign currency)card in view of the different settlement currencies, magnetic strip card and IC card in view of the different materials of the data carriers, standard card, silver card, golden card, platinum card
and diamond card in view of different credit levels and customer groups.
Article 4 CMBC, the card holders and the guarantors must abide by the constitution.
Section 2 Functions and Range of Use
Article 5 Minsheng credit cards incorporates basic services of credit consumption, transfer settlement, deposit, withdrawal
and etc. The card holders enjoy different value-added services according to their card levels.
Article 6 Minsheng credit cards can be used in receiving points with "UnionPay"¡¢"VISA" or "MasterCard" signs,
appointed networks or specially engaged commercial businesses.
Section 3 Qualification for Minsheng credit cards
Article 7 Those above 18, with complete capacity of civil disposition, regular and lawful source of income and good credit
could apply for Minsheng personal credit card in CMBC after presenting valid IDs and related supporting documents. The
personal principle card holders can apply for supplementary cards for other natural persons. The principle card holders are
held completely responsible for clearing the debts of the supplementary cards. The holders of supplementary cards shall bear
joint responsibilities for clearing the debts.
Article 8 Enterprises with independent legal person status, administrative and public institutions, social groups, armies,
economic organizations authorized by legal persons can apply for Minsheng business credit card in CMBC after presenting the
registration certificates of opening of basic deposit accounts approved by the Bank of China and other related supporting
documents. The applying unit could applying for several business cards, the appointment and removal of the card holders
should be done by the unit's legal representatives or entrusted agents in written form.
Section 4 Application procedure
Article 9 the applicants must fill in the application form truthfully, allow CMBC to inquire of concerned parties in order to
confirm the faithfulness of the submitted materials, and sign on CMBC credit card agreement.
Article 10 CMBC decides whether to issue credit cards to the applicants and set credit lines in consideration of the
applicants' credits.
Article 11 CMBC can ask the applicants for certain amounts of guarantee money if considered necessary.
Article 12 the period of validity of the credit card is 3 years. If the card holders give up renewing the card upon its
expiration, they should inform CMBC with the month of expiration in written form or other recognized forms. However, the
liabilities of the card holders shall not be terminated when the card expires.
Section 5 Account and Transaction management
Article 13 Minsheng credit could be used only by the cardholders, it may not be rented, lent or given to others in other
ways, otherwise, CMBC can withdraw the credit card, and the cardholders bear the resulted risks and loss.
Article 14 Minsheng credit card can be used in legal transactions only. The deposited capital of the personal card accounts
must be the cardholders' legal income. The personal cards' RMB accounts are paid into by cash depositing or refunding. The
personal cards' Foreign currency accounts are paid into by Foreign currency notes depositing or refunding from other foreign
exchange accounts. Both RMB and foreign currency accounts should be used according to Measures for the Administration of Bank
Card Business and other regulations on Foreign exchange management.
Article 15 Business cards' RMB accounts should paid into by refunding from the units' basic depositing accounts, but cash depositing is not allowed. The Business cards' foreign currency accounts should be paid into by refunding from the units'
foreign exchange accounts, but foreign currency notes depositing in China is not allowed. Foreign exchange accounts must be
opened and used in accordance with the State Administration of Foreign Exchange Control's regulation on internal foreign
account management.
Article 16 On the precondition of putting the business risks in check, CMBC may set and adjust lines of credit according to
regulations of the bank supervision department, applicants' credit and the changes in cardholders' credit and conditions.
Article 17 Depositing and withdrawal of RMB cash in internal China UnionPay, appointed networks or specially engaged commercial businesses are all written in RMB accounts. Using foreign currency accounts for consumptions in China, and
consumption and cash withdrawal abroad are all written in foreign currency accounts. Consumption and cash withdrawal abroad
should be conducted in accordance with regulations of the international bank cards associations and acquiring banks.
Article 18 If the cardholders' consumptions and cash withdrawal abroad become loans, they can pay back with their foreign exchange accounts, or in RMB used for foreign exchange within the lawful scope.
Article 19 The deposited money, when not enough to pay off the listed loans, the priority of the payoff are as follows: fees (including annual fees, over limit fees, late fees etc.) interest, cash advance, overdraft sum of money.
Article 20 Transactions conducted with code are all regarded as done by the cardholders themselves. The e-data is valid proofs of the transactions conducted with codes and other e-data, while cardholders' signatures are regarded as valid proofs of the transactions done without codes.
Article 21 Cardholders should use the credit card via Internet under the customer circumstances with the security technology authorized by the bank. Otherwise, any risks or losses caused by the misusing of credit card via Internet should be
shouldered by the cardholders themselves, except those belonging to the responsibility of the issuing bank.
Article 22 cardholders should return the card to our bank when apply for an account canceling. After the canceling transaction, cardholders still should pay off the loan before the canceling.
Section 6 Way of counting interest and charge of Minsheng Credit Card
Article 23 Interest due to overdraft of Minsheng Credit Card should be charged according to the interest rate stipulated by People's Bank of China, and the compound interest should be charged per month. Capital in the account of the credit card will not be used to pay interest.
Article 24 If cardholders have paid off the loan before the payment due date, they can enjoy interest-free treatment and do not need to pay the overdraft interest counted since the date of consumption when they kept account in the bank until the payment due date, as long as it is within a month before the date of bill.
Article 25 If cardholders are unwilling or unable to pay off the loan, they can repay according to the minimum repayment listed in the bank statement.
Article 26 If cardholders chose to pay minimum payment or their money consumption exceeds the credit line authorized by our bank, they will not enjoy free-interest treatment and should pay the overdraft interest since the date of keeping account in the bank until the payment due date.
Article 27 If cardholders draw cash out of the credit card or switch money to other accounts, they will not enjoy minimum payment or free-interest treatment, and should pay the overdraft interest since the date of keeping account in the bank until the payment due date.
Article 28 If cardholders cannot pay off the minimum payment before the cease of business on the payment due date, while charging overdraft interest, our bank will also charge late fee of the minimum payment in a certain proportion.
Article 29 If cardholders go beyond the limit of the credit card without the approval of our bank, over limit fee will be
charged in a certain proportion besides the overdraft interest.
Article 30 After authorizing credit cards to applicants, our bank will charge annual fee from cardholders according to rules. Certain fees will be charged if cardholders report the loss of the card or draw cash out of the card. Items and standard of charge will be put into practice according to "Interim Measures for the Management of the Service Prices of Commercial Banks " and will be included in "Minsheng Credit Card Using Contract of Minsheng Bank of China".
Section 7 Rights and duties of our bank
Article 31 Rights of our bank
(1) Our bank has the rights to censor the economic conditions and credibility of applicants, ask for personal information
from them, inquire about the authenticity of the information offered by applicants from related departments or organizations,
and decide whether to approve the credit card to applicants as well as the credit line. Our bank has the rights to keep
application materials and do not return them to applicants, whether they are approved or not.
(2) In case that there are such behaviors as false report of card losing, using forged or blanked out card, false use of
other's cards, or malice overdraft, our bank has the rights to claim for legal protection, and go behind the economic and
legal responsibilities of the parties involved.
(3) Ownership of credit cards belongs to our bank. Our bank has the rights to freeze the account or even abolish the
qualification of any cardholder who does not follow this statute. Our bank also has the rights to empower relative
institutions to take back the card without informing the cardholder in advance.
(4) Our bank has the rights to charge certain fees from cardholders and count them into their account according to the
stipulation in "Minsheng Credit Card Using Contract of Minsheng Bank of China".
(5) As for cardholders who choose to repay by agreed account, our bank has the rights to deduct the same amount of money from
the appointed accounts to repay their loan the day before the payment due date.
Article 32 Duties of our bank
(1) To provide cardholders with information of the credit card, including statutes, instructions, charge items and standards, and ways of interest counting.
(2) To provide cardholders with 24-hour service of consultation, inquiry, loss reporting, complaint and so on. To reply and deal with the consultation, financial inquiry and loss reporting promptly. In face of requirement of consumption transact check raised by cardholders, respond within 30 days if it is transacted via RMB account and within 45 days if it is via foreign currency account.
(3) Obliged to keep the information of cardholders as secret, except those stipulated otherwise in laws and regulations.
(4) To deliver to cardholders bank statement by the month in the agreed way. However, if after the delivery of bank statement last time, no transaction happens and no payment are left unpaid, or our bank and cardholders reach a different agreement, our bank may not provide bank statement of the month.
Section 8 Rights and duties of cardholders
Article 33 Rights of cardholders
(1) Cardholders have the rights to enjoy all the services promised by our bank about the Minsheng Credit Card. They have the rights to supervise the quality of our services and complain on services that are not so satisfactory.
(2) Applicants and cardholders have the rights to know the function, way of operation, charge items and standards, interest applicable, as well as the formula of counting of Minsheng Credit Card.
(3) Cardholders have the rights to ask for the bank statements of the recent three months for free from our bank, and to check the bank statements of the recent one year for free via Internet.
(4) Cardholders have the rights to put forward doubtful points about the debts listed in the bank statement, and apply for signing bill check by our bank. If the signing bills are authentic and effective, fees used to check these bills should be shouldered by cardholders.
Article 34 Duties of cardholders
(1) Cardholders should provide our bank with real and reliable application materials. If our bank maintains it necessary, cardholders should also offer guarantees up to requirement and other relative materials.
(2) If the corresponding addresses, telephone numbers, dwelling places, professions, income or ID Numbers of cardholders and warrantors are changed, our bank should be informed in time in written form or other ways approved by both sides. Otherwise, losses due to this should be shouldered by cardholders.
(3) Cardholders should not refuse to pay money owed to the bank with the excuse of having dispute with a third party such as businessmen or institutions with cash advance and switch services.
(4) Cardholders should keep their own cards and codes properly. If cards are lost or codes are leaked out, cardholders should immediately go the appointed banking outlets, play phone calls or through other ways approved by our bank, to report the loss. Upon finishing the procedure, the loss reporting goes into effect, and the cardholder will not be responsible to the financial losses caused by false use of the credit card unless it is one of the conditions listed below: the cardholder refuses to assist the investigation on the loss reporting or has other behaviors that are against honesty and credibility; the cardholder, alone or colluding with businessmen or other people, make use of the credit card to practice fraud such as false transaction. Losses caused before loss reporting should be shouldered by cardholders.
(5) Cardholders should inquire spontaneously if they do not receive bank statements. If no objection is raised within three months, our bank will maintain that cardholders have accepted the transaction.
Section 9 Supplementary articles
Article 35 This Constitution is established and explained by Minsheng Bank of China, and goes into effect after the approval of the Banking Supervision Institution of the State Council.
Article 36 Matters concerned that are not covered in this statute should follow the policies, laws and regulations of our country. During transactions via the credit card involving institutions beyond national territories, disputes should be settled according to stipulations of such international organization as VISA and MasterCard
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