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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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STATE BANK
Number: 39 /2014/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 11, 2014

IT ' S SMART

Payment Intermediate Service Guidance

________________

Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

The Code of Credit: 47 /2010/QH12 June 16, 2010;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

Base of Protocol 101 /2012/NĐ-CP November 22, 2012 Government of the payment does not use cash;

On the recommendation of the Chief of Payment;

The Governor of the State Bank of Vietnam issued a Guide to the Service intermediation Service.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

This information instructs the service intermediation service to organizations, individuals who are involved in the supply operation and the use of payment intermediation services.

What? 2. Payment intermediate services

1. Electronic payment infrastructure services, including:

a) Financial switching services;

b) Electronic clearing service;

c) Electronic payment portal Services.

2. Payment services support services, including:

a) The service support service, the household;

b) Electronic transfer support services;

c) The electronic wallet service.

What? 3. Explain words

In this Information, the following words are understood as follows:

1. Financial switching services are technical infrastructure services to carry out connectivity, transmission, and electronic data processing to perform payment transactions via ATM, POS, Internet, mobile phones, and other electronic trading channels. between organizations that supply payment services and/or between the payment-service intermediation organization.

2. Electronic clearing service is a technical infrastructure service to perform the reception, the payment of payment data, and the calculation of the amount of money that must be obtained, having to pay after the clearing between member parties involved is the bar service supply organization. The payment or organization of the payment intermediation service is to make the decision to the relevant parties.

3. Electronic payment portal Services is a technical infrastructure service to perform a connection between payment and bank acceptance units in order to support customers who perform payment in e-commerce transactions, payment of e-invoices, and other applications. and other electronic payment services.

4. Support for the support of the procurement, the branch is a service that supports the bank carrying out the procurement service, the customer for the customer with a payment account, a bank card at the bank through receiving, processing, sending electronic data messages and calculating the results of the income, The household, the household, the household, the household, the household, the household, the household, and the rest of the city.

5. Electronic transfer support service is a service that supports the receiving, transmission, and processing of data in the bank's electronic transfer transactions or commissioned by the bank.

6. The e-wallet service is a service that provides customers with an identifier by organizations that provide the creation of an item (such as an electronic chip, a mobile phone, a computer ...), which allows the retention of a guaranteed monetary value. by the value of deposit equivalent to the amount of money transferred from the customer's payment account at the bank to the bank's payment account guarantee the payment of the wallet service in a 1: 1 ratio and used as a non-use payment vehicle. Cash.

7. The account ensures payment is the Vietnamese copper payment account of the organization offering an open payment intermediation service at commercial banks to ensure the provision of payment intermediate services.

8. The unit accepting payment is the organization, the individual offering goods, services, and acceptance of payment through one or some payment intermediation services.

Chapter II

SUPPLY OPERATIONS PERMIT

PAYMENT INTERMEDIATE SERVICE

What? 4. Level, recall and regrant License

1. Vietnam State Bank (later known as State Bank) implement the grant, revoking and reissue of the Activity Payment Activity Supply (later called a License) service under the regulation at Article 15 and Article 16 of the Digital Protocol. 101 /2012/NĐ-CP November 22, 2012 of the Government on payment of non-cash payment (the following call is Protocol No. 101 /2012/NĐ-CP).

2. The organization is not a bank that is eligible for a license to implement one or some of the regulatory payment intermediation services at Article 2 This Wednesday on the basis of meeting the regulatory conditions at paragraph 2 Article 15 Digital Protocol. 101 /2012/NĐ-CP and the facilities on the basis of matter, infrastructure, as follows:

a) For the financial switching services, electronic clearing services, the service supply organization must be an organization that does an implementation of the compensation outcome between the stakeholders;

b) For the service support service for customers with an account in many banks, the service supply organization must connect to an organization that provides the financial switching services and electronic clearing services.

What? 5. Process, procedure, grade profile, recall, and grant of License

1. Process, procedure procedure, recall and grant of the Implementation Execution License at Article 16 Digital Protocol 101 /2012/NĐ-CP.

2. The profile offers a license to operate the operating payment intermediation service by regulation at paragraph 2 Article 16 of the Digital Protocol. 101 /2012/NĐ-CP and the proof document meets the conditions at point a, point b 2 Article 4 This message.

3. The application for the license to grant a license in Appendix 01 issued with this message.

4. The organization granted a license to operate the payment intermediation service must submit a licence fee required by law.

What? 6. Use the License

1. The organization is granted a license to use the correct name and function in accordance with the specified content in the License.

2. Strict of false employment, removal, transfer, lease, loan permit; trust, delegate to the organization, other individuals performing activities permitted under the license.

Chapter III

PAYMENT INTERMEDIATE SERVICE OPERATION

What? 7. Risk management, secure assurance, security security

1. The payment of the payment intermediation service must build and implement an internal regulation and comply with the regulation of the State Bank on the principles of risk management in electronic banking operations, compliance with the regulations of the existing law, and the government. It ' s about prevention, money laundering and other provisions of the relevant Vietnamese law.

2. The payment of the payment intermediation service must carry out safety assurance requirements, secure the information technology system in banking operations; safety, security for the provision of electronic banking services under the regulation of the Bank of China ' s State Bank. Water.

3. The payment intermediation service organization must comply with the regulations on the establishment, use, preservation, storage of electronic evidence in accordance with the laws of electronic transactions in banking activities.

What? 8. Ensure your payment

1. The organization offering support for the support of the procurement, government, and organization of the wallet service offering an electronic wallet service that must open an account guaranteing payment to ensure the provision of these services. The balance on the account ensures that the payment must be maintained no lower than the total amount received by the customer without making payment for the payment acceptance unit (for the service support service, the household limb) or the total balance of all Wallet applications. the electronics of the customer (for the Electronic Wallet Service) at the same time.

2. The account ensures payment is only used to:

a) Pay for the units to accept payment;

b) Pay the customer to use the service when required.

What? 9. Electronic Supply Activity

1. Electronic wallet service provider is not allowed:

a) Release more than 01 (one) The electron wallet for a customer payment account at a bank;

b) The issuer to the customer uses the wallet, paying interest on an electronic wallet balance or any action that may increase the value of the currency on the electron wallet.

2. The Electronic wallet service provider must have the tool for the State Bank to examine, monitor in time the total amount of the customer 's money on the e-wallet and the total amount on the account that ensures the payment of the organization' s Supply Supply Supply. At the banks.

3. The loading of the money into the wallet, pulling the money out of the customer's wallet must be made through the customer's payment account at the bank.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF STAKEHOLDERS

What? 10. The rights of the organization of the organization supply the electronic payment infrastructure

1. Regulation the use of the service; requires the customer to provide full and accurate information relevant when using the service and in the process of using the service; refuse to provide services when the customer does not adequately respond to the conditions for use of the service. service, do not comply with the regulation of the service offering or breach of other agreements.

2. Regulation the safety measures for the use of the service.

3. Regulation the elimination fee and the cost of using the service in accordance with the existing law regulation.

4. Bank selection, other organizations as partners to sign the supply contract, develop services on the basis of safety, effectiveness, and compliance with the license content and regulation of the law.

5. Other rights under contract with the bank, customers and partners in accordance with the rule of law.

What? 11. The responsibility of the organization to provide an electronic payment infrastructure provider.

1. For customers:

a) The customer Guide to the use of the service;

b) Resolve or respond to complaints, request for search of the customer;

c) The compensation damages to the customer due to the technical error of the system, the error for exposing customer information and other faults of the service supply organization;

d) Coordinate with the customer performing a test, to control daily transaction data;

) Provides full-term information, breakthroughs on transactions through the organization's system of service supply when required by the customer;

e) Public fees and fees for customers before the customer uses the service.

2. Coordinate with customers and partners to take risk management measures, secure security, security for use, service supply.

3. Other obligations under contract with banks, customers and partners.

What? 12. The rights of the organization to provide payment services support

1. Regulation the use of the service; requires the customer to provide full and accurate information relevant when using the service and in the process of using the service; refuse, terminate the provision of service when the customer does not adequately respond to the conditions to be used. using the service, do not comply with the regulation of the service offering or breach of other agreements.

2. Regulation the safety measures for the use of the service.

3. Regulation the elimination fee and the cost of using the service in accordance with the existing law regulation.

4. Bank selection, other organizations to sign the supply contract, develop the service on the basis of ensuring safety, effectiveness and compliance with the license content and regulation of the law.

5. Other rights under contract with the bank, customers and partners in accordance with the rule of law.

What? 13. The responsibility of the organization to provide payment services support services

1. For customers using the service:

a) Regulation and notification of the terms and conditions of the use of the service through proper channels (the electronic information pages of the service supply organization, flyer and the contract form/registration form using the service ...). The organization offering services and/or coordination with the bank must deal with the customer the following issues before using the service:

-The forms of payment;

-All charges and fees;

-The transaction details table, which messages the balance provided to the customer during the service of the service;

-The procedure to report on the loss, loss of use of the service, the complaint process includes the venue, time and manner of complaint handling;

-reimbursable policies including conditions, procedures, time and reimbursable expenses;

-Client's rights and responsibilities;

-Customer service in cases of incident, loss, loss, and fraudulent transactions;

-Address, the contact phone number of the organization provides the payment intermediate service;

b) The customer Guide way to use the service;

c) Check, authentication, full update and correct information client registration usage;

d) Resolve or respond to complaints, request for search of the customer;

) Compensation of damages to customers due to the system's technical error, error exposing customer information and other faults of the service supply organization;

e) For the Electronic Application Service, the service supply organization is responsible for requiring the customer to have an open payment account at the bank prior to the use of the service; provide a full amount of information, a sudden return on payment transactions, balance, limit, etc. related to the use of the service when required by the customer.

2. For the bank:

a) Full response, in time of the obligations that arise to the transactions that use the service under the agreement between the organization's supply of medial service payments to the bank and in accordance with the laws of law;

b) Coordinate with the bank to check, authenticate, fully update and correct the registration of customer registration using the service;

c) Coordinate with the bank and the partners that perform the test, subject to the daily transaction data.

3. The service offering the service must be written in writing with banks, partners on the terms when the service supply cooperation, requiring the unit to accept the payment of the pledge not to receive additional fees on the customer when payment of information is provided. through the billing intermediation service in any form. The unit case that accepts payment does not comply with the commitment, the service supply organization has a responsibility to terminate the contract and require the unit to accept damages payments to the customer or apply other appropriate measures under the conditions of the payment. It ' s a commitment between the parties.

4. Make risky, secure, secure management measures for the provision of services.

5. Other obligations under contract with banks, customers and partners.

What? 14. Bank of the Bank

1. The organization option is not a bank for cooperation, engineering testing one or some of the payment intermediate service.

2. Sign a contract to use an electronic payment infrastructure and/or deployment cooperation that provides payment services support services with payment intermediation service organizations.

3. Be required to provide payment intermediation service providers that provide the necessary information regarding payment transactions through payment intermediation service.

4. Other rights under contract and agreements provide services for the organization of the payment intermediation service.

What? 15. Bank responsibility

1. Only the supply of payment intermediation service with non-bank organizations is licensed by the State Bank.

2. Coordinate with the payment of the payment intermediation service that performs the test, subject to the daily transaction data.

3. Make the payment of payment transactions to the relevant parties as defined by the State Bank and the cooperation contract provides the service to the payment intermediation service organization.

4. Management balance management ensures payment of services that support payment services in accordance with the contract signing contract with the services supply service that supports the payment services and regulations at this Smart.

5. Coordinate with the organization that provides payment intermediaries to check, authenticate, fully update, and correct the registration customer information using the payment service support service.

6. Coordinate with the organization of the payment intermediation service to guide the measures, process of professional engineering and security in payment through the payment intermediation service to the unit acceptance of payment and customer use of the service. Payment intermediation. The bank must be responsible for damages to the customer and the banks involved due to the bank's failure to do so.

7. Coordinate with the process of providing process construction intermediation services and procedures to address customer complaints related to payment transactions through payment intermediation service.

8. Other obligations under contract with the payment of the payment intermediation service, the acceptance unit, the customer.

Chapter V.

REPORT, PROVIDE INFORMATION AND BREACH OF THE BREACH.

What? 16. Report, provide information

1. The organization of the payment intermediation service performs the report of the State Bank (through the Payment) periodically quarterly, the year according to the content required at Annex 02 issued by this Information. The deadline for filing a period of delay was the January 5 of the first quarter of the next quarter for the quarterly report and on 15 January of the next year on the report of the year.

2. The organization of the payment intermediation service and the banks are responsible for reporting the State Bank of information relating to the transaction of payment intermediation in the following circumstances:

a) According to the specific requirements of the State Bank to serve for the purposes of state management;

b) When there is an abnormal course of action in the activity that can affect the operational situation of the organization offering the payment intermediation service and the banks or of the organization, the individual has other relevance;

c) When a breakdown of the problem disrupts the payment activity through the payment intermediation service.

3. The payment of the payment intermediation service, the bank is responsible for keeping the secret of the information relevant to the payment transaction through the payment intermediation service, the customer 's personal information, the customer' s payment account and only the customer service. is provided with information in the following circumstances:

a) At the request of the customer;

b) Under the rule of law.

What? 17. Waste Processing

The organization, the individual who violates the regulations at this level, is subject to the nature and extent of the violation of the administrative breach, which is a serious case of criminal responsibility; if the damage is caused by the law.

Chapter VI

THE ORGANIZATION.

What? 18. Payment case

1. Make the lead and coordinate with the units that are associated with the case appraisal of the license issue.

2. In the 15-day period of work since the date received full of prescribed records at paragraph 2 Article 16 Digital Protocol 101 /2012/ND-CP, The Payment is responsible for reviewing and sending files to the Bureau, the Bureau, the relevant unit of the State Bank for consultation.

3. General comments from related units, case appraises, and the Governor of the State Bank of State decided to grant or deny the granting of a license.

4. Make the Head of the State Bank program in the handling of the issue related to the level, recall, and grant of the License.

5. Make a report of the report on the implementation of the payment intermediation service of the organizations that provide payment intermediation services and banks.

6. Track and lead the staff of the State Bank Governor in the management, which oversees the payment of the payment intermediation service of the organization's supply of payment intermediation services.

What? 19. Information Technology Bureau

1. In a maximum of 15 days of work since the date of receiving the recommended text of the Payment, the Bureau of Information Technology is responsible for review, evaluation, and having the text sent on the Pursuit of validation of technical conditions, technological solutions, capability, and security. In terms of security security, the technical staff ensure that the payment intermediation of the organization's payment is granted.

2. Coordinate with the Payment of Compliance Compliance compliance with safety, security and risk management regulations in the electronic transaction of the organization that provides payment intermediation services.

What? 20.

Check out the inspector, check, monitor the organizations, the individuals involved in carrying out this Information.

Chapter VII.

EXECUTION CLAUSE

What? 21.

It has been in effect since March 1, 2015.

What? 22. The transition clause

Since this Private Day is in effect, organizations that are not a bank have been authorized by the State Bank to perform a pilot to provide one or some of the payment intermediation services specified at Article 2 This is a complete responsibility. Procedures and submit a prescribed license to the State Bank for a license to review the license.

After 9 months from the date of this date valid, the writers of the State Bank of the State of the State of the Republic of the Republic of the United States of the Bank of the Republic of the United States of the Republic of the United States of the Republic of the United States of the United States of the State of the Republic of the United States of the Republic of the United States of the Republic of the United States of

What? 23.

Chief of Staff, Chief of Payment and Head of Units of the State Bank; Director of the State Bank of the State Branch of the Provinces, the Central Committee of the Central Committee, Chairman of the Board (Member Council), General Manager (Director) of organisations Payment of payment services, payment intermediation services are responsible for the organization's organization.

KT. MINISTER.
Captain.

(signed)

Nguyen Won.