UnionPay's policy on virtual currency transaction

1. There are two reasons for the prohibition of virtual currency trading by the state:
1. The price fluctuates violently and the consumer protection is lacking:
virtual currency is the proct of network, and the digital information flowing in the network is beyond the control of all people. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code<
2. Avoiding supervision and becoming the "accomplice" of criminal activities
virtual currency transaction is not protected by law:
virtual currency transaction is not illegal, and it is not illegal to invest in virtual currency. But how to get involved in virtual currency transactions is illegal and illegal. It may be suspected of illegal fund-raising.

2. The transaction of virtual currency is a virtual currency transaction between normal players, which is legal according to the rules of the game. It depends on the agreement between you and the network operator.

3. There is no specific provision, but it can be combined with the corresponding laws. For example, if it constitutes unjust enrichment, it can be returned. If it constitutes a crime, the amount involved is also calculated according to the value of real currency. Generally speaking, virtual currency transactions on the Internet are protected by law. But there is no specific provisions, we can refer to the real currency to protect their own law and rights.

4. In order to protect the property rights and interests of the public, protect the legal tender status of RMB, prevent the risk of money laundering, and maintain financial stability, the people's Bank of China, the Ministry of instry and information technology, China Banking Regulatory Commission, China Securities Regulatory Commission, and the Recently, China Insurance Regulatory Commission jointly issued the notice of the Ministry of instry and information technology of the people's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission on the prevention of bitcoin risk (YF [2013] No. 289, hereinafter referred to as the "notice")

the notice defines the nature of bitcoin, and holds that bitcoin is not issued by the monetary authority, has no monetary attributes such as legal compensation and compulsion, and is not a real currency. In terms of nature, bitcoin is a specific virtual commodity, which does not have the same legal status as currency and cannot and should not be used as currency in the market. However, bitcoin trading as a commodity trading behavior on the Internet, ordinary people have the freedom to participate at their own risk

the notice requires that at this stage, all financial institutions and Payment institutions shall not price procts or services with bitcoin, buy or sell bitcoin as a central counterparties, underwrite insurance business related to bitcoin or include bitcoin into the scope of insurance liability, and provide other bitcoin related services to customers directly or indirectly, Including: providing bitcoin registration, trading, clearing, settlement and other services for customers; Accept bitcoin or use bitcoin as a payment and settlement tool; Carry out bitcoin and RMB and foreign currency exchange services; Carry out bitcoin storage, custody, mortgage and other services; Issuing financial procts related to bitcoin; Take bitcoin as the investment target of trust, fund, etc

according to the notice, the bitcoin Internet website, as the main trading platform of bitcoin, shall be filed with the telecommunications administration according to the provisions of the Telecommunications Regulations of the people's Republic of China and the measures for the administration of Internet information services. At the same time, in view of bitcoin's high risk of money laundering and being used by criminals, the notice requires relevant institutions to perform the legal anti money laundering obligations such as customer identification and suspicious transaction report in accordance with the anti money laundering law of the people's Republic of China, so as to effectively prevent the money laundering risks related to bitcoin

in order to avoid excessive speculation of virtual commodities such as bitcoin in the name of "virtual currency" and damage the public interest and the legal tender status of RMB, the circular requires financial institutions and Payment institutions to correctly use the concept of currency in their daily work, pay attention to strengthening the ecation of the public's knowledge of currency, and correctly understand the concept of currency The concept of correctly treating virtual commodity and virtual currency, rational investment, reasonable control of investment risk, and maintenance of their own property security should be included in the content of financial knowledge popularization activities, so as to guide the public to establish a correct concept of currency and investment

in the future, the people's Bank of China will continue to pay close attention to the trend and related risks of bitcoin based on its own responsibilities End)

bitcoin home has an interpretation.

5. There is no policy to prohibit the trading of virtual currency in China, and the trading of virtual currency is legal in China
at the end of 2013, the central bank and other five ministries and commissions jointly issued the bitcoin risk notice, in which bitcoin was clearly defined as a special Internet commodity, and people could buy and sell freely at their own risk, denying its monetary attribute. At this stage, financial institutions are not allowed to provide bitcoin related services. The transaction platform supporting its transaction must do a good job in anti money laundering< In an interview with the Boao Forum, President Yang Xiaochuan compared bitcoin to a tradable asset like a stamp, which the central bank has no right to ban
since 2013, popular virtual currencies include bitcoin, Laite coin, Fuyuan coin, doggy coin, reborn coin, etc.

7. In China, no company that issues virtual currency has been granted policy permission. China has a laissez faire attitude towards virtual currency. The following is China's position on virtual currency:

Zhou Xiaochuan, governor of the central bank, said at last year's Boao Forum that bitcoin, like stamps collected by stamp collectors, has collection value, and people regard it as an asset to trade rather than a payment currency, so there is no question of banning it for the central bank. This is also the only time central bank governor Zhou Xiaochuan has made a statement on the currency

in the bitcoin risk notice issued by the central bank and other five ministries and commissions at the end of 2013, bitcoin was clearly defined as a special Internet commodity, which people can buy and sell freely under the premise of free but risk, denying its monetary attribute. At this stage, all financial hooks are not allowed to provide bitcoin related services

since 2013, the popular virtual currencies are bitcoin, Fuyuan coin, Laite coin, doggy coin and so on.

8.

There are two reasons for the prohibition of virtual currency trading by the state:

1. The price fluctuates violently and the consumer protection is lacking:

virtual currency is the proct of network, and the digital information flowing in the network is beyond everyone's control. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code

bitcoin and other so-called "virtual currencies" lack a clear value basis, the market is full of speculative atmosphere, the price fluctuates violently, and investors blindly follow suit, which is easy to cause capital losses

2. Evade supervision and become the "accomplice" of criminal activities:

bitcoin is popular as a payment tool in the so-called "dark web" world“ The "dark net" is full of all kinds of serious criminal activities. One of the original intentions of the invention of bitcoin is to evade regulation. It has the characteristics of anonymity and convenient cross-border flow, and has become the preferred tool of "underground economy"

the existence of bitcoin and exchanges and other instrial chains has constructed a illegal financial market for asset transfer and financing in addition to legal currency, increased the difficulty of regulatory authorities in managing financial security and stability, and promoted regulatory arbitrage and financial crimes. The risks and social security risks it brings to the financial market are far higher than its innovative value

extended information

virtual currency transactions are not protected by law:

according to the notice on preventing bitcoin risks issued by the people's Bank of China and other departments on December 3, 2013 and the announcement on preventing financing risks of token issuance issued by seven ministries and commissions including the people's Bank of China on September 4, 2017, virtual currency is not issued by monetary authorities, It is not a real currency because it does not have the monetary attributes of legal compensation and compulsion

in terms of nature, virtual currency should be a specific virtual commodity, which does not have the same legal status as currency, and can not and should not be used as currency in the market. Although citizens' investment and trading in other virtual currencies are personal freedom, they can not be protected by law

9. The conditions for handling virtual currency transactions should be as follows:
1. Enterprises are not allowed to operate both virtual currency transactions and virtual currency issuance businesses at the same time
2. The conditions for handling virtual currency transactions should meet the relevant conditions for establishing operational Internet cultural units
3. The transaction conditions of virtual currency should meet the relevant conditions for the establishment of operating Internet cultural units, and the relevant provisions of the competent department of Commerce on e-commerce (platform) services.