DECREE

About payment not to use cash

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Government Law Base December 25, 2001;

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

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

At the suggestion of Governor of the State Bank of Vietnam;

The government issued a decree on payment of no cash,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree provides for non-cash payment activities, including: open and use of payment accounts; payment services do not use cash; payment intermediation services; organize, manage and monitor payment systems.

What? 2. Subject applies

1. The payment service provider does not use cash.

2. The organization provides payment intermediation service.

3. Organization, individuals using cash-free payment services, payment intermediation service (later known as service users).

What? 3. Payment by foreign currency and payment

1. Payment by foreign currency and international payment must follow the provisions of the law on foreign exchange management or international agreements on payment that Vietnam participated in.

2. In international payments, the case of the unregulated Vietnamese law applies to international practice, if not contrary to the fundamental principles of Vietnamese law.

What? 4. Explain the word

In this decree, the words below are understood as follows:

1. Payment without cash (later known as payment services) includes payment services via payment accounts and some payment services not via customer payment account.

2. The international payment is a payment activity in which at least one party involved is the organization or individual having a payment account outside the territory of Vietnam.

3. The organization offering a non-cash payment service (later known as a payment service offering) include: State Bank of Vietnam (later known as State Bank), bank, foreign bank branch, People's Credit Fund, organization of the Bank of Vietnam. Microfinance and other organizations.

4. The payment intermediation service organization is that organizations are not the bank granted by the State Bank to operate the payment intermediation service.

5. The payment account holder (later known as the account holder) is the person who is the open name of the account. For an individual's account, the account holder is an individual named an open account. For the organization's account, the account holder is a representative under the law or representative of the organization's authorship to open the account.

What? 5. The State Bank ' s state management responsibility for payment activity does not use cash.

1. Board by jurisdiction or agency authorship issued legislation that rules the law of non-cash payment.

2. Organization, management, operation, monitoring of the national payment system; participation in the organization, monitoring the operation of payment systems in the economy.

3. Level, revoking the license and monitoring operation of the payment intermediate service.

4. Check, inspect, monitor and dispose of jurisdiction over the violations of the laws of organizations and individuals concerned with non-cash payment.

5. Manage, oversee international cooperation activities in the field of payment.

What? 6. The banned acts

1. Make a correction, repair, purge, replace payment, certificate from payment; storage, circulation, transfer, use of a counterfeit payment vehicle.

2. Invaders or seek to invade, sabotage, alter the unauthorized program program, the electronic database uses in payment; the use of computer network systems error to the advantage.

3. Provide untrue information during the process of supply and use of payment services, payment intermediation service.

4. Revealed, providing information that is relevant to the deposit of the account holder at the organization of the payment service is not correct in accordance with the rule of law.

5. Open or maintain an anonymous payment account, impersonation.

Chapter II

OPEN AND USE PAYMENT ACCOUNT

What? 7. Open and use payment account

The opening and use of a payment account must be made with a contract between the parties involved, which defines the rights and responsibilities of the parties in accordance with the provisions of the law.

What? 8. Open and use the State Bank ' s payment account.

1. The State Bank opens a payment account to the State Treasury, credit organizations, foreign bank branches under regulation at paragraph 2, paragraph 3 Article 27 The State Bank of Vietnam and Articles 101, Article 109, Article 114, paragraph 4d Article 118, Article 121 Rules for Credit.

2. The State Bank opens a payment account to the central bank of countries, foreign banks, international monetary organizations, international banks under international treaties that Vietnam is a participant. In the event that Vietnam is not a participant, the opening of the payment account is made by the Prime Minister's decision.

3. The State Bank opens a payment account at the central bank of the countries, opening up payment account and implementing an overseas payment transaction under international treaties that Vietnam is a participant.

What? 9. Open and use a payment account between credit organizations.

1. The opening and use of a payment account between the credit organizations must perform in accordance with the provisions in the Law of Credit organizations. The open payment account between credit organizations only for payment purposes, is not used for other purposes.

2. The State Bank allows the bank, the foreign bank branch out of foreign exchange activity that is opened in foreign currency payments. The opening, using the foreign currency payment account imples the regulation of the foreign exchange law.

What? 10. Open a payment account for the individual and organization is not a credit organization.

1. The bank, the foreign bank branch that guides the opening of the payment account to the customer in accordance with the regulation of the State Bank and other laws of law is relevant.

2. The opening of the payment account is that the individual must have a civil law and civil conduct capacity; people from age 15 to less than 18 years of age have their own assets. For the juvenile, when opening a payment account must have the guardian according to the rule of law.

3. General payment account is a payment account with at least two hosts becoming the same name opening the account. The general payment account holder is the organization or individual. The purpose of using the common payment account, the rights and obligations of the general payment account owners and the regulations concerning the use of the common account must be well defined in writing.

What? 11. Use and authorize the use of payment account

1. The account owner is used with a payment account to submit, cash withdrawal; and requires the organization to provide payment services that perform valid payment transactions. The account holder has the right to request that the payment service provider provides information about the transaction and the balance on the payment account.

2. The account owner may authorize a written deadline for others to use a payment account under the rule of law.

3. The account owner is obligated to comply with the rules of open and use the payment account of the payment service provider and must ensure there is sufficient funds on the payment account to implement the established payment order, unless the case has a different agreement. with the payment of the payment service.

4. The payment service provider has a full implementation obligation, in time of a valid payment of the account holder.

5. The payment service provider has the right to refuse to execute an invalid payment of the account holder, or when on a payment account not enough money, unless the case has another agreement. In the case of refusing to hold a payment service to notify the account holder.

What? 12. Pause and blockade the payment account

1. The payment account is suspended (suspend transaction) in part or the entire amount on the account when the account holder is required or under a prior agreement between the account holder and the payment service provider.

2. The payment account is partially sealed off or the entire amount on the account in the following cases:

a) When there is a decision or the written request of the competent authority under the rule of law;

b) When the organization of the payment services supply is mistaken, the error of money transfers;

c) When the organization of the payment service is found to have a fraudulent sign, violation of the law is related to payment activity;

d) When there is a dispute between the general payment account owners.

3. The termination of the payment of the payment of payment is made when the decision of the competent authority under the rule of law or the statutory dispute at paragraph 2 This has been resolved.

4. The blockade of the payment account if the law damages the account holder, the party's blockade of an account blockade must be subject to the law.

What? 13. Close the payment account

1. The closing of the payment account is done when:

a) The account owner is required and has fully implemented the obligations concerning the payment account;

b) The account of the account is that the individual is dead, the missing or the loss of the power of the people;

c) The organization has an end payment account operating under the rule of law;

d) The account owner violates the open contract and uses the payment account with the payment of the payment service;

The account owner or organization of the payment service violates Article 6 of this decree and other law regulations in payment activities;

e) Other cases by law.

2. Processing the balance when closing the payment account:

a) The payment at the request of the account holder or the heir, the legal inheritance in the case of an account holder is a dead individual, missing or at the request of the legal guardian in the case of an account holder is a lost individual. The people,

b) It is paid by the decision of the court;

c) Processing in accordance with the rule of law on the case of the legal beneficiary of the balance on the account has been notified without recognition.

Chapter III

PAYMENT SERVICES AND PAYMENT SERVICES

What? 14. Payment Services

1. Payment Services via customer payment account, including:

a) Supply means of payment;

b) Implemonation of a cheque payment service, order, commission, for procurement, commission, bank card, credit mail, money transfer, money, balance;

c) Other payment services.

2. Payment services through the customer payment account are made:

a) The State Bank provides payment services to clients who open the payment account at the State Bank; the bank accounts.

b) Commercial banks, foreign bank branches, policy banks to supply all regulatory services provided at one Article;

c) The cooperative bank is offered a number of payment services specified at 1 Article after being approved by the State Bank.

3. The payment service does not pass the customer's payment account, including: money transfer services, income, detail, and some other payment services.

4. The payment services do not pass through the payment account of the customer made:

a) The banks are regulated at paragraph 2 This is to be offered the payment service not via payment account to the customer;

b) The human credit fund is provided with money transfer services, carrying out a career of income, to the members of its members;

c) Microfinance organization is provided for the procurement, spending and money transfer to the microfinance client;

d) Other organizations that offer payment services do not pass through the payment account implementation under the provisions of the State Bank.

What? 15. Payment intermediation services and service supply conditions

1. Payment intermediation services include:

a) The service of the supply of electronic payments;

b) Payment services support service;

c) Other payment intermediation services under the regulation of the State Bank.

2. Payment of payment intermediate service

Organizations that are not the bank who want to provide payment intermediation service must ensure a sufficient response to the following conditions:

a) There is a permit to establish or register business by the state agency with a jurisdiction, in which the payment of the payment intermediation service is one of the main business activities of the organization;

b) There is a quality of approved payment intermediation service in accordance with the investment jurisdiction at the operational charter of the organization;

c) There is a minimum charter of 50 billion;

d) Conditions of personnel:

The representative under the law, the General Manager (Director) of the institution, is required to have a degree of expertise or actual experience in business administration or in charge of charge.

The cadre team performs the payment intermediation service with a specialized level of expertise;

Technical conditions, business conditions include: facilities, engineering infrastructure in accordance with the requirements of the payment of payment and regulatory intermediation service of the State Bank; the independent backup engineering system with the main system ensuring the provision of the service. a safety and continuous service when the main system has an incident; the technical process, a career in the operation to provide the payment intermediation service to ensure safety, security, and in accordance with the regulation of the law on electronic transactions; process of inspection, control, and security. Internal control over payment intermediation service in electronic transactions under the current law of law.

What? 16. Process, procedure, grade profile, recall, and grant of the Activity Payment Activity Intermediation Service Service

1. Process, license level procedure

a) The organization grants a license to submit a Certificate of License (including 05 sets) via post office or directly to the State Bank under the provisions of Article 2 of this. The organization for the Licensee is fully accountable to the law of accuracy, the integrity of the information provided;

b) Based on the filing of a license grant, the State Bank conducts examination of the case under regulatory conditions at paragraph 2, Article 15 of this decree;

c) In the 60-day period, since the date of the receiving of valid records, the State Bank will be appraisal and granting a license or having a license to deny permission in it stating the reason;

d) The organization is granted a license to operate a payment intermediation service which must submit a fee by law.

2. The profile offers a license to operate a payment intermediation service:

a) The application of a sample license under a template provided by the State Bank What?

b) The border or resolution of the Council of the Members, the Board of Administration (or the General Assembly in accordance with the regulation at the Activity Charter of the organization) through the Payment of Payment intermediation Request;

c) The payment of the payment intermediate service;

d) The theory of engineering solutions and the Annals of Technical Testing Test with a collaborative organization;

File on personnel: background profile, copy of the certificate of competentable documents, the professional qualifications of those represented by the law, the Director General (Director), Deputy Director General (Deputy Director) and key cadres executed Payment of payment intermediation service;

e) The license to establish or register for business by the state agency has the authority, the Organization Charter and the Activity of the organization (the endorsement copy).

3. License timeout

The duration of the license is 10 years from the day the organization is licensed by the State Bank.

4. Record License

a) The organization is licensed to be revoked of the license and must end the payment of the payment intermediation service to one of the following cases:

In the six-month term since the date of the license issue, that organization does not conduct an active implementation of the licensed payment intermediate service which has no significant reason; for the three-month period since the Bank of State Bank has its own information. The organization has violated one of the stipulated conditions at paragraph 2, Article 15 of this decree and must take remedied measures but the organization is not remediation; the organization is dissolved or bankrupt by the regulation of the relevant law.

b) Process, procedure recovery procedure:

When the organization is licensed in violation of one of the states at the point a, paragraph 4 This, the State Bank will have a licensed-to-informed document which is granted a notice of the recall of the license and the notice of the reasons for the recall of the license. The State Bank will publicly announce the recall of the organization 's License on the State Bank' s electronic pages.

Upon receiving the State Bank's written notice of the recall of the payment of payment intermediation service, the organization revoked the license to immediately stop the payment of the payment intermediate service.

In the 30-day period since the announcement of the State Bank's announcement, the organization is revoked of the license to send a written notice to the organizations and individuals involved in liquing the contract and completing the obligations, responsibilities between the parties.

5. Level the License

In the 30-day period, since the date of receiving an application's license to the organization's license, the State Bank will review and regrant the License or have the written statement of the statement stating the reasons for the following cases:

a) expiration of the license

Before the license expired at least 60 days, the organization was granted a license to submit a license to the license and copy of the license that was in effect to the State Bank.

b) revoked license

After a six-month period, since the full day of restoration was revoked, the organization revoked the license to obtain a document from the document, and issued a license again to the State Bank.

c) Modified, supplemated License

When there is a need to change the rules specified in the Organizational Permit must have the recommended text which details the proposed revision and the reason for changing the license content with a copy of the license copy as valid to the State Bank.

d) In the event of a lost, unusable license, the organization must submit a request to grant the license again and specify the reason to the State Bank.

What? 17. Service fee

1. The organization of the payment service and organization provides an impressive payment intermediation service and has to publicly publicly listed the service supply fees.

2. In the case of an unusually active bank operation, to secure the safety of the credit organization system, the State Bank regulates the mechanism for determining payment of payment services and payment intermediation services.

What? 18. The compensation damages

The organization provides payment services, the organization of the payment intermediation service, and the person who uses the service responsible for damages due to the breach of the agreement between the stakeholders and the law.

What? 19. Resolve dispute resolution

There is no agreement on the terms associated with the dispute settlement in the contract implementation under the rule of law.

What? 20. Make sure safe in payment

The payment service organization, which organizes the payment intermediation service, must apply the measures to ensure safety in payment by law. Service users are obliged to comply with safeguards in accordance with the regulations and guidelines of the service providers.

Chapter IV

INFORMATION, REPORT, AND INFORMATION SECURITY

What? 21. Rights of Information, Report

1. The State Bank has the right to ask for the organization to provide payment services and to provide payment intermediation services that provide information that is relevant to the payment periodically and to the break-in.

2. The payment service provider, which organizes the payment intermediation service that requires the use of the service to provide relevant information when using its services.

What? 22. Information on Information, Report

1. The organization of the payment service, which organizes the payment intermediation service, is obligated to report and provide information to state agencies with jurisdiction under the rule of law.

2. The organization of the payment service, which organizes the payment intermediation service, is obliged to provide information about the transaction and the balance on the account of the payment to the account holder under the agreement.

What? 23. Information Security

1. Rights refused to provide information

The payment service provider, which organizes the payment intermediation service, has the right to reject the organization 's requirements, personally on the provision of information about the account holder, transactions and balances on the customer' s payment account, except for the case. at the request of the state agency to be competent in accordance with the rule of law or approved by the account holder.

2. Information security service

The organization of the payment service, which organizes the payment intermediation service, is responsible for keeping the information secret related to the account holder, the transaction and the balance on the user's payment account, except for the legal case. The rules have different rules.

Chapter V.

ORGANIZATION, MANAGEMENT, OPERATION AND MONITORING OF PAYMENT SYSTEMS

What? 24. Organization, management, operation and monitoring of the national payment system

1. The State Bank organizes, manages, operates and oversees the national payment system to ensure the transparency, safety and effectiveness of payment activity in the banking system, which contributes to maintaining the stable and secure development of the financial system in the banking system. The country itself.

2. The State Bank regulates the conditions, processes, procedures that participate in the national payment system, the measures to ensure the operational safety of the national payment system.

What? 25. Organization, operation and monitoring of internal payment systems

1. The organization provides an organization payment service, operating and monitoring the internal payment system to ensure a safe implementation, which has the quality of the payment service through the account for the customer and the effective capital regulation in the system.

2. The organization provides process regulatory payment services, the operational safety measures of the internal payment system.

What? 26. Monitoring of payment systems in the economy

1. State Bank builds strategic, policy and regulations on monitoring of payment systems to ensure stable, safe and effective operations of payment systems in the economy.

2. The State Bank regulates the criteria and identifies the important payment systems under the supervision of the State Bank.

3. The State Bank oversees payment systems by remote monitoring measures, in place and other measures when necessary.

4. The organization that operates the payment system is responsible for the approval of the regulations and recommendations on the oversight of the State Bank; enacted internal regulations on risk control and ensuring the continuous operation of the system.

Chapter VI

EXECUTION CLAUSE

What? 27.

1. This decree has been in effect since 26 March 2013.

2. This decree replaces the Digital Protocol. 64 /2001/NĐ-CP September 20, 2001 of the Government on the operation of payment through the organization of payment service providers.

What? 28.

1. The governor of the State Bank is responsible for the implementation of this decree.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.