On 23 October 2020, the People’s Bank of China (PBOC) published a draft law that will legally recognize China’s central bank digital currency (CBDC), the digital renminbi or e-CNY. This marked the start of a public consultation about the proposed legislation, which also covers other matters.
This draft law comes after China’s State Council announced a reform program earlier this month. While the Program specifically targets the Shenzhen area, one of its multiple fintech initiatives included the creation of a platform by the Chinese CBDC Research Institute in Shenzhen. The draft law was written to help implement financial reform, build a modern central bank system, and strengthen systemic risk prevention methods.
The relevant clause about the digital yuan states the CBDC includes both its physical and virtual forms. In an attempt to prevent virtual currency risks, it also says that no individual or unit is allowed to make and sell digital tokens or coupons that replace RMB in circulation. Those that do will face fiscal penalties and will have the illegal tokens and coupons destroyed. For digital tokens, any financial gain will be confiscated and those responsible will face a fine around five times the illegal amount produced and sold. If the amount is unknown, a fine of 100,000-500,000 yuan ($14,900-74,600) can be imposed instead. Numerous online scams try to claim they are providing the digital yuan.
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