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

中国人民银行令年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 formulated in accordance with the PRC， People's Bank of China Law and the PRC， Commercial Banking Law and other relevant laws and regulations in order to regulate lending activities， safeguard the lawful 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 socialist economy.

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

　　The term “borrowers” in these General Provisions shall refer to legal persons， other economic organizations， individual industrialists 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 monetary 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 administrative regulations of the State and the administrative rules and regulations promulgated by the People's Bank of China， and shall respect the principles of beneficiality， security and liquidity.

　　Article 4　Lending and borrowing activities between a borrower and a lender shall abide 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 implementation of the Lending General Provisions.

　　PART TWO　TYPES OF LOANS

　　Article 7　Loans for one's own account， entrusted loans and specially 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 entrusting 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. determined 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　Fiduciary 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 joint and several guarantee liability as agreed， in accordance with the forms of guarantee stipulated 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 maturity 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 repayment capability 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 assessment， the good creditworthiness and actual capability to repay the loan of the borrower is appraised and confirmed， it is permissible 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 consultations 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 implemented in accordance with such arrangements.

　　Extensions of the term of a short-term loan may not cumulatively 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 overdue loan account as of the day after the date of maturity of the loan.

　　Article 13　Determination of interest on a loan