Circular 39/2014/tt-Nhnn: Guidance On Payment Intermediary Service

Original Language Title: Thông tư 39/2014/TT-NHNN: Hướng dẫn về dịch vụ trung gian thanh toán

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CIRCULAR guide on payment intermediary service _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;
Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;
Pursuant to Decree No. 154/2013/ND-CP DATED 11 November 2013 of government functions, tasks, powers and structure of the State Bank of Vietnam;
Pursuant to Decree No. 101/2012/ND-CP on November 22, 2012 of the Government on non-cash payments;
At the suggestion of Director payments;
The Governor of the State Bank of Vietnam issued the circular guide on payment intermediary service.
Chapter I GENERAL PROVISIONS article 1. Scope and object applied to this circular guide on payment intermediary service for organizations and individuals related to supply operation and use of the payment services.
Article 2. The payment intermediary service type 1. The service provides electronic payment infrastructure, including: a) switches financial services;
b) electronic clearing service;
c) electronic payment gateway service.
2. Services in support of payment services, including: a) services in support of currency households, households;
b) services in support of the electronic transfer of funds;
c) Electronic Wallet services.
Article 3. Explanation of terms In this circular, the following words are interpreted as follows: 1. switch the financial services is a service providing technical infrastructure to make the connection, transmission and processing of electronic data to perform payment transactions via ATM, POS, Internet , mobile phones and other electronic transaction channels between organizations providing payment services and/or between organizations providing intermediary payment service.
2. electronic clearing service is a service providing technical infrastructure to make the reception of payment data, collate and calculate the result of the sum receivable, payable after the offset between the party members to join the organization is providing payment services or supply organization of intermediary payment service to make the settlement to the parties related.
3. electronic payment gateway service is the service that provides the technical infrastructure to make the connection between the unit accepts payment and the Bank aims to support customers making payments in e-commerce transactions, electronic bill payment and other electronic payment services.
4. service support garnishments, households are the support services service bank garnishments, for customer billing, account bank card at the Bank through the receipt, handling, send electronic message data and calculation results garnishments, chi; cancel the currency households, households to settlement to the parties concerned.
5. support services is electronic money transfer services in support of the reception, transmission and processing of data in electronic money transfers by the Bank or trust banks.
6. electronic Purse service is a service provided to the client in an electronic account designated by the Organization of the provision of services on creation of information (such as electronic chips, sim mobile phones, computers ...), allowing the retention of a monetary value is guaranteed by the value of the deposit equal to the amount to be transferred from the customer's payment account at the Bank rows into account to ensure the Organization's payment services electronic wallet according to the ratio of 1:1 and is used as the means of payment do not take cash.
7. payment guarantee account is denominated accounts of Vietnam supply organization of intermediary payment service opened in commercial banks to ensure the continued provision of the intermediary payment service.
8. payment acceptance unit is the individual, the organization provides goods, services and accept payments through one or more intermediary payment service.
Chapter II ACTIVE LICENSE PROVIDES PAYMENT SERVICES article 4. Granted, revoked and reissued the license 1. The State Bank of Vietnam (hereinafter the Bank) made, the revocation and reissuance of license services activities of the payment intermediary (hereinafter referred to as the license) under the provisions of article 15 and article 16 of Decree 101/2012/ND-CP on 22/11/2012 of the Government about non-cash payment (hereinafter referred to as the Decree No. 101/2012/ ND-CP).
2. The organisation is not the banks that are licensed, please do one or some intermediary payment services as defined in article 2 of this circular on the basis that meets the conditions specified in paragraph 2 article 15 of Decree 101/2012/ND-CP and the regulations on the basis of the material technical infrastructure, as follows: a) for switching financial services, electronic clearing service, organized the provision of services must be an organisation made settlement results offset between the parties concerned;
b) with respect to support services, payment services for customers whose accounts in many banks, organizations providing services to connect with an organization that provides financial and switching the service electronic clearing.
Article 5. Processes, procedures, records, revoked and reissued the license 1. Processes, procedures, revoking and reissuing licenses comply with the provisions of article 16 of Decree 101/2012/NĐ-CP dated. 2. Records suggest active licensing service provision intermediary payments made under the provisions of clause 2 article 16 of Decree 101/2012/ND-CP and documents that meet the conditions in point a, point b Article 2, paragraph 4 of this circular.
3. Application license follow the form in annex No. 1 attached to this circular.
4. organizations are licensed to supply operations services pay licensing fees to be paid under the provisions of the law.
Article 6. Use of license 1. The Organization was granted a license to use the correct name and work for the content specified in the licence.
2. Prohibiting the counterfeiting, erase, transfer, lease, lend a licence; trustee, agent for the Organization, the other individual perform activities permitted under the licence.
Chapter III SUPPLY of SERVICES ACTIVITIES of the PAYMENT INTERMEDIARY article 7. Risk management, security, security 1. The organization provides payment services to build and implement internal rules and compliance with the provisions of the State Bank on the principles of risk management in electronic banking activities, in compliance with the provisions of the current law on prevention of money laundering and the other provisions of the law of Vietnam.
2. supply organization of intermediary payment service must make the request to ensure the safety, security and information technology systems in banking activities; safety, security for providing electronic banking services as stipulated by the State Bank.
3. supply organization of intermediary payment service must comply with the rules on the creation, use, preservation, archiving of electronic documents under the provisions of the law on electronic transactions in banking activities.
Article 8. Ensure the solvency 1. The organization provides support services collects, and organizes services For electronics to open account payment guarantee to ensure the continued provision of these services. The balance on your account payment guarantee must be maintained no lower than the total amount received by customers that have not made a payment for the units accept payments (income support services for households, households) or the total balance of all the e-wallet of customers (for the electronic Purse service) at the same time.
2. payment guarantee account was used only on the: a payment) the unit accepts payment;
b) refund to the customer using the service when required.
Article 9. Electronic Purse supply activities 1. Organization of the provision of services of electronic Purse are not permitted: a) released more than 1 (one) e-wallet for a customer's billing account at a bank;
b) Grants credit to customers who use electronic wallet, pay interest on the balance e-wallet or any action that might increase the monetary value on the e-wallet.
2. Organization of the provision of services of electronic Purse must have tool to NBU check, monitoring in real time the total amount of clients on the e-wallet and the total amount on account of the Organization's payment guarantee services For electronics at the Bank.
3. The deposit of electronic Purse, pulled money out of e-wallet of customers must be made through the customer's payment account at the Bank.
Chapter IV RIGHTS and RESPONSIBILITIES of the PARTIES CONCERNED in article 10. Control of supply organization services electronic payment infrastructure 1. Specified conditions of use the service; ask the customer to provide full and accurate information is relevant when using the services and in the course of using the service; refusal to provide services when the customer does not meet the conditions for use of the service, does not comply with the provisions of the organization providing the service, or breach of the agreement.
2. Regulatory measures to ensure safety for the use of the service.
3. the prescribed fees and fees to use the service consistent with current legal regulations.
4. Choose the Bank, other organizations as partner to the contract offer, service development on the basis of ensuring safe, effective and consistent with the content and provisions of law.
5. Other rights under the contract with the Bank, customer and partner in accordance with the law.
Article 11. The responsibility of the organization provide services electronic payment infrastructure 1. For customers: a) guide the customer how to use the service;
b) solve or answer the complaints, investigation requirements of customers;
c) in damages to the client system's technical fault, sorry to reveal client information and other issues of the organization providing the service;
d) collaboration with customers make check, for control of daily transaction data;
DD) provides full information about the sudden, recurring transactions through the system of the organization providing the service when required by customers;
e) announced the fees and charges to the customer before the customer to use the service.

2. Coordination with customers and partners to implement risk management measures, ensuring safety, security of supply, while using the service.
3. other obligations under a contract with the Bank, customers and partners.
Article 12. The Organization's right to provide services in support of the payment service 1. Specified conditions of use the service; ask the customer to provide full and accurate information is relevant when using the services and in the course of using the service; denial, termination of the provided services when the customer does not meet the conditions for use of the service, does not comply with the provisions of the organization providing the service, or breach of the agreement.
2. Regulatory measures to ensure safety for the use of the service.
3. the prescribed fees and fees to use the service consistent with current legal regulations.
4. Choose the Bank, other organizations to supply contracting, service development on the basis of ensuring safe, effective and consistent with the content and provisions of law.
5. Other rights under the contract with the Bank, customer and partner in accordance with the law.
Article 13. The Organization's responsibility to provide services in support of the payment service 1. For customers using the service: a) the regulation and notice of the terms and conditions of use of the service through the appropriate channels (electronic information page of the organization providing the service, leaflets and forms/registration form using the service ...). The organization provides services and/or coordinate with the Bank to deal with the following issues before using the services:-The form of payment;
-The types of fees and charges;
-Detailed transactions Form, the notice provides balance to the client in the course of using the service;
-Procedures for reports of losses, loss when using the service, the appeals process including location, time and manner of handling the complaint;
-Refund policy includes conditions, procedures, time and costs reimbursed;
-The client's rights and responsibilities;
-Customer's obligations in the event of a breakdown, loss, loss and fraudulent transactions;
-Address, telephone number, contact supply organization of intermediary payment service;
b) guide the customer how to use the service;
c) check, verify, fully updated and accurate customer information to register to use the service;
d) solve or answer the complaints, investigation requirements of customers;
DD) in damages to the client system's technical fault, sorry to reveal client information and other issues of the organization providing the service;
e) for the electronic Purse services, providing the service organization is responsible for customer requests must have a payment account opened at the Bank before you use the service; provide full information periodically, irregular payment transactions, balances, limits concerning use of the service when required by customers.
2. for banking: a) full, timely meet the obligations arising for the transactions using the services under the agreement between the organization providing the payment services with the Bank and in accordance with the legal provisions;
b) in coordination with the Bank to check, verify, fully updated and accurate customer information to register to use the service;
c) in collaboration with the Bank and its partners make check, for control of daily transaction data.
3. The organization must provide a written agreement with the Bank, the partners of the partnership when the terms of provision of services, the requirement of payment acceptance unit committed to not collect more fees for customers when paid through payment intermediary service of any kind. Case units accept payment does not comply with the commitment, the organisation providing the service is responsible for terminating the contract and ask the unit to accept compensation payments to clients or apply other appropriate measures according to the terms of agreement between the parties.
4. implementation of risk management measures, ensuring safety, security for the provision of services.
5. other obligations under a contract with the Bank, customers and partners.
Article 14. The Bank's rights 1. The choice of organization is not the Bank to cooperate, an engineering test or a number intermediary payment service.
2. Contract of use of infrastructure supply services electronic payment and/or development support service provides payment services with organizations providing intermediary services payment.
3. Requested the Organization to provide intermediary payment service provides the necessary information related to the payment transaction through a payment intermediary service.
4. Other rights under the contract and the service provider agreement for supply organization of intermediary services payment.
Article 15. The Bank's liability 1. Only collaboration services payment intermediary organisations are not the banks are state-licensed banks.
2. Cooperation with the Organization to provide intermediary services of payment make checks, for control of daily transaction data.
3. Make the payment the payment transaction for the stakeholders as stipulated by the State Bank and the cooperation contract to provide services for the Organization of intermediary service payment.
4. Manage your account balance to ensure payment of the organizations providing services in support of payment services in accordance with the agreement signed with the organization providing support services and payment services provisions of this circular.
5. Cooperation with the Organization to provide intermediary services to payment check, verify, fully updated and accurate customer information to register to use the services of payment services support.
6. Cooperation with the Organization of intermediary services supply manual payment measures, technical business processes and security in payments through intermediary payment service for payment acceptance unit and the client uses the services of payment. The Bank is liable in damages for customers and related parties of the Bank's fault doesn't make this rules.
7. Coordinate supply organization of intermediary payment service build process and procedure for resolving customer complaints related to the payment transaction through a payment intermediary service.
8. other obligations under a contract with the organization providing billing services unit, accept payments, customers.
Chapter V reports, PROVIDE INFORMATION and HANDLE BREACH of article 16. Report, provide information 1. The organization provides payment services made by State Bank reports (past Service payments) quarterly, in according to the requested content in annex No. 2 attached to this circular. The time limit for the submission of periodic reports the latest on the first of March 5th, is the next quarter for quarterly reports on Jan. 15, and the next year's report for the year.
2. organizations providing intermediary services for payment and the Bank responsible for reporting the State Bank of information relating to the transaction of payment intermediaries in the following cases: a) according to the specific requirements of the State Bank to serve state management objectives;
b) When there are unusual happenings arising out of activities that can affect the Organization's activity situation provides payment services and the Bank or of the Organization, other relevant individual;
c) When incidents arise causing interruption of payment operations through intermediary payment service.
3. organizations providing intermediary services for payment, the Bank is responsible for maintaining the confidentiality of the information related to the payment transaction through a payment intermediary service, personal information of the customer, the customer's payment account and the information is provided only in the following cases : a) at the request of the customer;
b) according to the provisions of the law.
Article 17. Handle violation of individual organization violates the provisions of this circular, then depending on the nature and extent of the violation will be dealt administrative violations, serious cases being prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter VI ORGANIZATION of the IMPLEMENTATION of Article 18. Service of payment 1. Do clue to receive and coordinate with the relevant evaluation unit record proposal to license.
2. Within 15 working days from the date of the application under the provisions of clause 2 article 16 of Decree 101/2012/ND-CP of the payment Service, is responsible for reviewing and applying for the Service, Bureau, the relevant units in the State Bank to join the opinion.
3. General comments from the unit involved, the evaluation record and the Governor of the State Bank of the decision to grant or refuse the license.
4. Do the clues the Governor State Bank in handling related issues about levels, withdrawal and reissuance of license.
5. Do the clue to receive reports on the implementation of the payment intermediary service organizations providing intermediary services for payment and the Bank.
6. Monitor and do the clue advised the Governor of the State Bank in the management and monitoring services of intermediate payments of institutions providing payment services.
Article 19. Bureau of information technology 1. Within a maximum of 15 working days from the date of the proposed text of the payment Service, the Department of information technology is responsible for the review, evaluation and have the text sent on Service payment confirmed conditions of technical, technological solutions, the ability to secure safety technical staff, ensure implementation of payment intermediary service organization please license.
2. Coordination with the payment check for compliance with the rules on safety, security and risk management in the electronic trading of supply organization of intermediary payment service.
Article 20. Inspection Agency, monitoring the Bank performs the inspection, testing, monitoring individual institutions involved in the implementation of this circular.
Chapter VII ENFORCEMENT PROVISIONS article 21. Enforceable

This circular effect since January 3, 2015.
Article 22. Transitional provisions from the date of this circular are enforceable, the organization is not the Bank was State Bank allows a pilot implementation or a number intermediary payment service specified in article 2 of this circular have the responsibility to improve the procedure and send the proposal to license under the provisions of article 5 circular to the State Bank to consider licensing.
After 12 months from the date of this circular has the effect, the text of the State Bank of enabling the organizations is not the pilot Bank provides payment services, intermediary payment service will expire.
Article 23. Responsibility Office, Director of the payment and the heads of the units belonging to State Bank; Director of State Bank branch in the province, central cities, Chairman of the Management Board (Board member), General Manager (the Director) the institutions providing payment services, institutions providing payment services is responsible for organizing the implementation of this circular.