Circular 23/2011/tt-Nhnn: About The Enforcement Options To Simplify Administrative Procedures And Payment Activity Sectors Other Sectors According To The Government's Resolution On The Simplification Of The Procedure Of Ha ...

Original Language Title: Thông tư 23/2011/TT-NHNN: Về việc thực thi phương án đơn giản hóa thủ tục hành chính lĩnh vực hoạt động thanh toán và các lĩnh vực khác theo Nghị quyết của Chính phủ về đơn giản hóa thủ tục hà...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
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. 96/2008/ND-CP on August 26, 2008 Government's functions, tasks, powers and structure of the State Bank of Vietnam;

Pursuant resolution No. 60/NQ-CP on December 17, 2010 by the Government on the simplification of administrative procedures in the scope of the management function of the State Bank of Vietnam, the State Bank of Vietnam (hereinafter referred to as the Bank) modify, Supplement, replace or abolish , remove the provisions in the text released by the State Bank to execute plans to simplify the administrative procedures for field operations and other areas as follows: article 1. Modify, Supplement 6-level regulation, use and management of the Organization code card issuing banks issued together with decision No. 38/2007/QD-NHNN dated Jan. 30, 2007 by Governor of the State Bank to enforce the simplified approach stated at paragraph 85 section III Part A of resolution 60/NQ-CP DATED as follows : "article 6. BIN code procedure 1. When the demand was granted the Organization, BIN code card submission directly or sent by post to the State Bank (payment Service) 7 application coding-level BIN under model No. 1 attached to this regulation;

2. within 10 working days from the receipt of a valid petition, the State Bank made BIN code for card issuing organizations. ".

Article 2. Modify, Supplement and supply regulation using cheque attached to decision No. 30/2006/QĐ-NHNN dated Jan. 11, 2006 by Governor of the State Bank to enforce the simplified approach stated at paragraph 86 section III Part A of resolution 60/NQ-CP DATED as follows: 1. To modify article 6 paragraph 1, add the following : "1. Czech supply organization, before the Czech new form, white print submission directly or sent by post to the State Bank (payment Service) 1 record. The Czech model registration records include: White-Paper suggest the Czech model registration under Appendix No 1. White ĐGH attached to this circular; the enclosed design of the size, color, details the elements of the cheque;

-Copy license endorsement activities of supply organization Czech (first registered case) or a shooting star for cases registered from the second onwards. ".

2. additional annex of 1. ĐGH enclosed herewith on supply regulation and use cheques attached to decision No. 30/2006/QĐ-NHNN dated Jan. 11, 2006 by Governor of the State Bank).

Article 3. Modify the additional regulation, release, payment, use and provide services that support the operation of bank cards issued together with decision No. 20/2007/QD-NHNN dated Jan. 15, 2007 by Governor of the State Bank to enforce the simplified approach stated at paragraph 87 part III section A of resolution 60/NQ-CP DATED as follows : 1. Adjust the name article 9: "article 9. Conditions and registration card ".

2. additional paragraph 4 to article 9: "4. Registration of the bank card type a) When issuing a new card type, card issuing organizations filed directly or sent by post to the State Bank (payment Service) 1 record, and sent through the Internet a soft bank card registration certificate. Bank card records including:-registration of bank cards (using Unicode font) (according to the model in annex No. 2. ĐGH attached to this circular); and electronic data files to reflect the full range of factors such as the registration of cards made of paper (the form data file transfer by floppy disk or transmitted over the network to the address: vuthanhtoan@sbv.gov.vn);

-Template tag in kind;

-A copy of the contract associated with the organization that provides active support bank cards and related documents (if any), the contract agreement to participate in the international card organizations.

b) State Bank (payment Service) is responsible for inspection of records registered bank cards, unless the profile is missing or invalid, then the receiving officer profile guide organization released additional cards or redo.

c) within 5 working days from the date of receiving the application regulations, State Bank (payment Service) have comments in writing confirming the registration card for card issuing organizations. ".

3. additional regulations issued, payment, use and provide services that support the operation of bank cards issued together with decision No. 20/2007/QD-NHNN dated Jan. 15, 2007 by Governor of the State Bank of Appendix 2. ĐGH attached to this circular.

Article 4. Modify the additional regulation, open and use the deposit account at the State Bank and credit institutions attached to decision No 1376/2002/QD-NHNN2 on November 21, 2002 of the Governor of the State Bank to enforce the simplified approach stated at paragraph 88 of part III section A of resolution 60/NQ-CP DATED as follows : 1. Amending and supplementing paragraph 1 article 2: "article 2. The object was to open deposit accounts paying 1. State Bank opens deposit accounts for payment of State Treasury, credit institutions and branches of foreign banks, of which: a) State Bank (transaction) open account payment to the Central Treasury, headquarters of the credit institutions, payment Center , Branches of credit institutions authorized to make payments on the electronic payment system and interbank foreign bank branch.

b) State Bank branch in the city, opening deposit accounts for payment of State Treasury, credit institutions and branches of foreign banks on the same; the case of the other geographical account must have the written approval of the Central Bank. ".

2. In addition to article 4 the following text: "5. The profile to open deposit accounts at the Bank To open accounts at the Bank, Treasury, credit institutions and branches of foreign banks wishing to open accounts filed directly or sent by post to the State Bank (transaction) or State Bank branch the city, where the 1st account opening records, includes the following papers: a) the paper suggested the payment account by the legal representative of the State Treasury, credit organizations, the Director-General (Executive Director) foreign bank branch signed and stamped with a seal registration the signature form, (according to the model in annex No. 03a. ĐGH, ĐGH. together with circular 03b).

b) original or certified copy of the proof of the State Treasury, credit institutions and branches of foreign banks established under the provisions of the law:-the decision to establish, operate and license, certificate of business registration.

-The decision appointing the Director-General (Executive Director) or the Chairman of the Board (the master account) and identity (diplomatic ID, passport) of the master account.

-Appointing and identity (diplomatic ID, passport) of the Chief Accountant, the accountant who is in charge or who controls the payment transaction voucher with the State Bank.

c) case open account payment area, in addition to the documents specified in point a and point b of paragraph 1 of this article, the State Treasury, credit institutions, branches of foreign banks must send the Bank a commitment to the full observance of the provisions of the State Bank on open , use your payment account; the text range defined using other payment account and the other relevant regulations when participating interbank electronic payment ".

3. additional regulations to open and use the deposit account at the State Bank and credit institutions attached to decision No 1376/2002/QD-NHNN2 on November 21, 2002 of the Governor of the State Bank of Appendix No. 03a. ĐGH, ĐGH. together with circular 03b.

Article 5. Additional amendments section I section II professional engineering process clearing interbank electronic attached to decision No 456/2003/QĐ-NHNN dated Jan. 12 May 2003 of the Governor of the State Bank to enforce the simplified approach stated at paragraph 92 of part A of section III of resolution 60/NQ-CP DATED as follows : "i. the conditions, the standards of the member banks participating in electronic payment and interbank procedures please join electronic clearing.

Article 8. Conditions, standard of the member banks participating in electronic payment and interbank procedures please join electronic clearing.

1. Want to become members participate in interbank e-payment, the Bank must have the following standard terms and conditions: a) the condition must have:-Have decided to set up, established and operating license, certificate of business registration and licensing services activities of the payment.

-Have opened deposit accounts in payment transaction State Bank and regularly to ensure liquidity.

-Have good Executive process and payment discipline mode does not use the cash, vouchers, accounting regime.

-Has committed to performing seriously, full of statutes, regulations related to interbank electronic payment by the State Bank issued, including: + electronic money transfer rules.

+ Clearing regulation electronics.

+ Statute of data processing and communication of information.

+ Regulation on establishment, rotation and maintenance documentation.

+ Rules of accounting in the Bank units.

+ Bank codes, regulations about vouchers, foreign currency.

+ Rules of payment service fee.

b) necessary standards:-technical equipment and qualified to make interbank e-payment: + has had enough of the kinds of information equipment to carry and handle the payments incurred by the Bank for execution.

+ Build the software adaptation, suitable to connect software interbank e-payment, including the section connecting to the net interbank e-payment and security measures to ensure the security of the property.

+ Information technology infrastructure according to the standard regulation of the State Bank and meet the requirements of the interbank e-payment as well as internal payment in a bank.


-Have incurred the interbank payment services (including pay cheques, transfer money between banks, clearing ...) have the volume of interbank payment transactions (the other Bank) minimum 30/dish of the day.

-Committed to enacting the text instructions and direction check the units comply with the provisions of the State Bank.

-Committed to observance of the discipline of credit for working capital deficiency in terms of payment according to the market mechanism (higher market interest rates) when borrowing on the interbank market, the loans of commercial banks or bank loans.

-Have qualified staff to make good the profession of accounting, billing, must master: + banking accounting, + handling mastering processes payments, + handle billing and technical services on the computer.

-Full accounting procedures, rotation, processing, preserving the accounting documents in accordance with the provisions of the State Bank.

2. The procedure please join electronic clearing a) when banks wishing to participate in the clearing, inter-bank electronic submission directly or sent by post to the Headquarters State Bank branch where provincial banks suggested to join the electronic clearing account (called the Bank host) 1 payment application electronic clearing (according to the model of annex 13). Within 7 working days from the date of the application under the regulations, banks presided over to settle the Bank's proposal.

b) after the Bank chaired approved in writing recognized as member banks participating in electronic clearing banks, Director of member banks must have text send directly to a host request Bank electronic signatures and encryption security for the officials (Director or person authorized Accounting Manager, or a person authorized, accounting clearing) the technical processes involved in the clearing business, which clearly define the tasks, the responsibility of each officer was introduced to make the parts work in electronic clearing.

Each of the Bank's staff members recommended the technical processes involved in clearing services related to electronic banking, depending on function, the duties of each officer will be the Bank chaired the electronic signatures regulations and security lock code (as defined in article 9 regulation of the electronic clearing banks).

c) chaired the Bank is responsible to notify the list of new Member Bank was involved in electronic clearing for the relevant member bank know before 7 days to prepare the execution of the electronic clearing.

d) the Bank authorized members (as defined in clause 2 article 2 regulation of electronic clearing banks) have announced the list of member banks of the Bank for the Bank presiding and other member banks know to make clearing transactions electronic. "

Article 6. Amendments and supplements to some articles of the circular No. 23/2009/TT-NHNN dated Jan. 9, 2011 regulations about the management, operation and use of the electronic payment system contact the Bank to execute the simplified approach stated at paragraph 90 section III Part A of resolution 60/NQ-CP DATED as follows : 1. Modify, Supplement 3, item 2 Article 45: "2. Members wishing to join the low-value payment service must send 1 to the Executive Committee, including:-register to use low-value payment service (model number TTLNH-01);

-The text of the confirmation has set limits of net debt.

3. Members wishing to join the Debt service payments must send 1 to the Executive Committee, including:-register to use Debt service payments (model number TTLNH-01);

-Prior authorization contract about the payment of debt between members. The contract must contain the following elements: + the maximum limit on Debt payment in between members;

+ The maximum limit of a Debt payment Order without confirmation of the debt;

+ Duration of validity of the contract. ".

2. Appendix 4. ĐGH attached to this circular replaces Model number TTLNH-1 attach the circular 23/2009/TT-NHNN dated Jan. 9, 2011.

Article 7. Modifying, supplementing the provisions of the banking code systems used in the operation, the banking profession attached to decision No 23/2007/QD-NHNN on June 5th, 2007 by Governor of the State Bank to enforce the simplified approach stated at paragraph 93, 94, 95 section III Part A of resolution 60/NQ-CP DATED as follows : 1. Amending and supplementing article 9 clause 2 to enforce schemes simplify stated at paragraph 93, 94 section III Part A of resolution 60/NQ-CP: "2. in the period of 10 working days, since the object is new or established code-level changes are leading to the cancellation of the banking code personal communication, information management the Bank has suggested a new level text or cancel the banking code submission directly or sent by post to the State Bank (Department of information technology) attached to 1st record of the object code, including: a) the decision of the owner of the establishment , merger, split, merge, split, convert models or dissolution, cessation of activity;

b) the decision of the State Bank on the establishment of the new; the Bank's approval of a merger, amalgamation, Division, separation, conversion, acquisition or dissolution model, active termination (for organizations in the scope of management of the Bank);

c) decision declared bankrupt by the Court in the case were declared bankrupt organization. ".

2. additional amendments clause 2 article 10 to execute simplified approach stated at paragraph 95 section III Part A of resolution 60/NQ-CP: "2. In time of 5 working days, since the object is granted the code change banking information, personal or organizational information management assigned the Bank according to the provisions of article 7 and article 8 of this regulation , have suggested text change banking information submitted directly or send by post to the State Bank (Department of information technology) or sent through the banking code management application in bank code information page in the Website of the Central Bank. ".

Article 8. Terms of implementation of this circular are effective since January 14, 2011.

Article 9. Organizing Office, heads of relevant units in the State Bank of Vietnam, the Director of State Bank branch in the province, central cities and Chairman of the Board (Board member), ceo (Director) of the credit institutions and organizations other related individual, is responsible for the implementation of this circular.