民政部、金融监管总局联合发文!

Core Viewpoint - The Ministry of Civil Affairs and the Financial Regulatory Bureau have jointly developed the "Guidelines for the Management of Prepaid Fees in Elderly Care Institutions" to enhance the supervision of prepaid fees and protect the legal rights of the elderly [1][3]. Summary by Sections Regulatory Framework - In recent years, some elderly care institutions have adopted prepaid service fees, deposits, and membership fees, which have led to issues such as non-compliance with contracts and financial mismanagement [3]. - A joint directive from seven departments, including the Ministry of Civil Affairs and the People's Bank of China, aims to strengthen the regulation of prepaid fees in elderly care institutions by establishing a cross-departmental regulatory mechanism by 2025 [3]. Prepaid Fee Management - The "Guidelines" stipulate that elderly care institutions must select a bank from a list published by civil affairs departments to open a dedicated prepaid deposit account for managing prepaid fees [3][4]. - The guidelines outline the processes for opening, changing, and closing these dedicated accounts, emphasizing that funds collected must be deposited into the account promptly [4]. Fund Usage and Refunds - Elderly care institutions are required to submit expenditure requests to the managing bank, detailing the purpose and providing supporting documents [4]. - Refunds must be processed by the bank within one day of receiving a valid refund request from the institution, ensuring timely returns to clients [4]. Risk Management - The guidelines mandate that banks must report any suspicious or abnormal transactions to the relevant civil affairs department and other regulatory bodies [4]. - Specific reporting requirements are in place for large transactions, suspicious activities, and potential illegal fundraising [4]. Rights and Responsibilities - The guidelines clarify the rights and responsibilities of both elderly care institutions and managing banks, including the obligation of institutions to provide accurate documentation and the banks' responsibility to manage funds without charging additional fees [5]. - Banks are not liable for disputes arising from the services provided by elderly care institutions or insufficient account balances [5].