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The Decision 404/qd-Nhpt: About The Regulation And Use Of Deposit Accounts At The Vietnam Development Bank

Original Language Title: Quyết định 404/QĐ-NHPT: Về việc ban hành Quy định mở và sử dụng tài khoản tiền gửi tại Ngân hàng Phát triển Việt Nam

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The decision on issuing regulations to open and use the deposit account at the Vietnam Development Bank _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GENERAL DIRECTOR of the VIETNAM DEVELOPMENT BANK-according to Decree No. 64/2001/ND-CP dated 20 September 2001 of the Government on the payment activities through the institutions providing payment services.
-Pursuant to decision No. 108/2006/QD-TTg dated 19/5/2006 of Prime about the establishment of the Vietnam Development Bank;
-According to decision No 110/2006/QD-TTg dated 19/5/2006 of the Prime Minister approving the Charter organization and operations of the Vietnam Development Bank;
-Pursuant to decision No. 44/2007/QD-TTg dated 30/3/2007 of the Prime Minister on financial management regulation for the Vietnam Development Bank;
-According to resolution No. 63/NQ-CP on 21/12/2010 of the Government on the simplified procedure in the jurisdiction of the Vietnam Development Bank;
-Pursuant to decision No. 1284/2002/QĐ-NHNN dated Jan. 21, 2002 of the Governor of the State Bank issued the "regulation on opening and using the deposit account at the State Bank and credit institutions".
-Pursuant to decision No. 40/QD-HĐQL on 29/12/2006 Council of Vietnam Development Bank management on payment activity regulation in the country through the Vietnam Development Bank.
Proposal of the head of finance and accounting, Decisions 1. Attached to this decision regulates the opening and use of deposit accounts at the Vietnam Development Bank.
Article 2. This decision has effect from the date of signing. The heads of the units and subordinated to the Vietnam Development Bank is responsible for the implementation of this decision.                                                        
OPEN REGULATIONS and USE the DEPOSIT ACCOUNTS of the VIETNAM DEVELOPMENT BANK (attached to decision No 404/QD-NHPT on 30/06/2011 by General Director Vietnam Development Bank) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ chapter I GENERAL PROVISIONS article 1. Adjustment range.
1-this regulation regulates the opening and use of deposit accounts (payment) of clients in other units and subordinated to the Vietnam Development Bank (NHPT).
Each client has the right to open one or more accounts in one or more places in NHPT system according to needs of use except as otherwise specified by NHPT.
2-the opening and the use of other payment account is not a member of deposit payment (as the Czech security account, money transfer account, loan account, ...) made under the current rules.
3-opening and use the same deposit account currency and Vietnam must comply with this regulation and the provisions of the law on Foreign Exchange Management.
Article 2. The object was to open deposit accounts.
NHPT open deposit accounts (hereinafter referred to as account) at the request of the Organization, the following clients: a) individuals and institutions are established, operating in accordance with the law of Vietnam, including:-The financial institutions, credit;
-Customer relationship investment credit loans, State support after the investment, the investment credit guarantee through NHPT;
Customer-related debt, aid from ODA and other sources of capital under the Government's agreement;
-Customer related export credit, export credit guarantees, tender guarantees and guarantee for implementing the export contracts, guarantee commercial bank loans;
-Customer relationship lending mandate, mandate allocated through NHPT;
-Other client related to the implementation of the tasks of the payment demand NHPT NHPT.
b) foreign organizations are established and operate in accordance with the laws of the country and was granted permission to operate on the territory of Vietnam.
Article 3. Deposit account opening form.
1-account is an account for payment by the financial institution, credit, customers can use payment services with the aim of sending NHPT at open, keep the money or make the payment transaction through NHPT by means of payment in accordance with the provisions of appropriate NHPT State Bank of Vietnam (SBV). Depending on each customers, deposit accounts may be opened by the following form: a) to the payment of the deposit accounts of the financial institution, credit is the account that the account holder's legal representative or authorized representative of financial institutions , open credit accounts;
b) deposit accounts the customer's payment is the account by client or the authorized representative of the customer master account;
c) deposit accounts for payment of foreign institutions in NHPT is deposit accounts by account holder's legal representative or authorized representative of a foreign organization is established and operating in accordance with the laws of the country and was granted permission to operate on the territory of Vietnam.
2-the balance on deposit accounts for payment of the credit, financial institution, customers are non-term balance or the balance of the term. The conversion period of the balance on deposit account payments are made when there is agreement between the two sides.
3-The financial institutions, credit, customers who use payment services are only allowed under the overdraft limit overdraft or credit line has been agreed upon in writing with NHPT.
CHAPTER II OPEN and USE A DEPOSIT ACCOUNT-OPEN ACCOUNT DEPOSIT article 4. Deposit account opening records.
Open records first account for customers: 1-component profiles, including: a) for individuals:-Paper-form account opening of C69 – NHPT (3 a)-original;
-Identity card (ID CARD)-copy (grassy carry a key to collate).
b) for organizations:-certificate of account opening (3)-original.
B1) case first clients to open accounts in NHPT:-decided to form, decided to approve the Charter, the Organization activity of the object prescribed in article 2 by the authority issuing-certificate copy;
-Business registration certificate-certificate copy;
-Appointing (or copies certified copy), identity (copy) of the account holder, the Chief Accountant and the authorized person (if any).
B2) khỏch case every open account toỏn account thờm at NHPT: when customers demand more open deposit accounts (that OWL deposit accounts, now open thờm account chuyờn account, which according to the blinded dừi currency, deposit accounts in other currencies ...) but no account records changes in comparison with the original profile thỡ, khỏch row just make written request open additional accounts place NHPT accounts, which record the snowman type content should account to open.
2-number of records: 1 (a).
In addition to the main provisions of the above papers, for the customer object has a particular activity, NHPT has the right to request the customer to provide additional documents to complement the account opening records. These requirements are reported publicly and have specific instructions to each customer object.
Article 5. The paper opened the account.
1-open Paper account, includes the following main elements: a) the name, address of the Organization, the customer is required to open the account;
b) Number, date, month, year of establishment, appointed the title of account holders, Chief Accountant;
c) Number, date issued, where the level of the account holder;  
d) signature of the account owner and the person who is authorized to sign the change (if any) will be used on the certificate from the transaction with NHPT;
DD) signature of chief accountant or person in charge of accounting and who is this person authorized to sign the change (if any);
A person not be signing autographs in the role of the account holder (the person in charge on the transaction voucher with NHPT) and who is authorized.
Case of using electronic signatures to use the payment service the construction, management, allocation and use of electronic signatures by NHPT regulations and instructions for the client.
e) seal (if any) will be used on the certificate from the transaction with NHPT.
2-Paper account opening have no effect in the following cases: a) the elements declared in the Paper open account is incomplete, not true;
b) customers not subject to open accounts at NHPT.
Article 6. Regulations on changing your account information.
When there is any change on the Organization, functions and powers, seal, signature of the person who is authorized to sign payment documents on dealing with NHPT ... of customers open accounts that are related to account opening records in the past, the customer must set and sent immediately to NHPT "suggested Paper , modify your account information – model number C70-NHPT "attached to the records relevant to the change and enforceable.
Article 7. Regulations on the minimum balance account maintenance.
 Based on the specific conditions in the branch to prescribe a minimum maintain deposit accounts paying in his unit, in accordance with the provisions of the local commercial bank, but not lower than 1,000,000 (USD deposit accounts) or the equivalent of 100 USD (for foreign currency deposit accounts).
Article 8. Receiving and processing of account opening records.
1-when the received account opening records, NHPT is responsible for checking and collation of papers and elements have declared in the account opening record full guarantee, valid, correct, exact match.
Customer case that filed cỏc nờu papers at the b1 section 1 article 4 in the Professional Division of the Department of business: NHPT NHPT will transfer the records mentioned above about the Ban (Phũng) when the working day on-site TCKT has recommended by the Board (Phũng) TCKT to as the basis for opening an account and save your account profile with customers.
2-NHPT solve open accounts on the work.
a) If approval request for the client's account, account opening made NHPT for customers with content about your account is open and the start of operation of the account.
b) in the case refused to open accounts, to NHPT stating reasons for customers to know.
Article 9. Management, save the account opening records.

Account opening records of customers is the important papers, the management must obey the rules of collation in check, provide information, archive the document prescribed by NHPT.
Any changes to the account opening records must be updated immediately, opening more accounts for customer must be recorded in full in the record and notify the relevant Department said.
The paper opened an account after account opening approval NHPT is used as follows:-a copy of the return for the client to use (instead of the notice of acceptance of account opening NHPT) which has recorded the number of opened accounts;
-A profile of customer account opening;
-A copy of the accounting of transactions with clients or staff dealing with customers use to compare with the evidence from the customer when making the payment order.
CATEGORY B-USE DEPOSIT ACCOUNTS article 10. Use the account.
1-the use of deposit accounts is done at the request of the account holder.
2-the use of deposit accounts is done according to the written agreement of the account holder with matching NHPT NHPT regulations, SBV and the rule of law.
Article 11. Authorized use of accounts.
1-the account holder is authorized for other people writing using deposit accounts under the provisions of the law. Who is authorized to have rights and obligations as the account holder to the extent authorized and not authorized to leave for a third.
2-authorization procedure using your account.
a) When using the authorization demand deposit accounts for those who have not yet signed the register at the paper to open an account, the account holder must establish an authoritative Paper using your account in accordance with the provisions of the law.
b) seal (if any) and the signature of the person authorized to use your account is kept at NHPT.
Article 12. Rights of the account holder.
1-the account holder has the right to use the money on the account through payment orders, valid. The account holder be NHPT where open access account to use his account in a way that effectively and safely;
2-choice and use of the payment service provided by NHPT match requirements, capabilities and the rule of law;
3-Be authoritative for others to use your account as a rule;
4-be required to NHPT where open account make payment orders arising legal, valid in the scope of Available balances and overdraft limit or/and credit limit (if any);
5-Are required to provide the information about the payment transaction and the balance on your account;
6-be required to open the closed account, place NHPT blocked or changed the way using your account when necessary;
7-enjoy the interest rate for the money on the account according to the interest rate due to NHPT regulations according to the characteristics of the account, the account balance consistent with the mechanism of interest rate management promulgated NHPT in each period.
Article 13. The responsibility of the account holder.
1-make sure you have enough funds on the account to execute the payment order has been established;
2-self hosted accounting, tracking the balance on the account, regular, periodic against NHPT. Within 3 (three) days from the date of the newspaper paper debt, the paper reported on the account transactions on the account, the account details window, the Papers report the account balance due to NHPT where open account sent to the account owner, must be reconciled with his books, if any difference must then notify regulators together to NHPT , handle for proper joint;
3-the right to refund the NHPT record has not the discovery of false accounting or when the notice of right to demonstrate without NHPT beneficiary funds;
4-responsible for the errors or misuse, fraudulent behavior when using payment services through the account of his fault;
5-in compliance with the regulations and instructions of payment procedures NHPT, using the means of payment, ensure safety measures in payments due to NHPT regulations;
6-timely notification to NHPT where to open an account when it detects errors, confusion on account of his or her account being taken advantage of. Provide accurate information when requesting use of the payment service or during the use of the payment service through your account;
7-do not lease, loan account, or use your account for transactions paid for with the funds already had evidence of illegal origin.
Article 14.  NHPT's rights.
1-be proactive extract payment of deposit account customers in the following cases: a) The due debt, delinquent, the interest, the cost of other valid arising in the process of managing your account and provide payment services as defined;
b) payment obligations under the decision of the competent State Agency forcing account holders have to pay;
c) other cases as agreed between the customer and NHPT.
2-has the right to refuse to execute the customer's payment order in the following cases: a) the customer does not fulfill the requirements for the payment procedure; the payment order is not valid, do not match the registered elements or not in accordance with the agreement between the customer and NHPT;
b) clients do not have enough balance on your account (including the level of overdraft/credit limit) guarantees for the implementation of the payment order.
3-in the case of detection of people using your account violates these rules or the agreement had with NHPT, showing signs of breaking the law, has the right not implement NHPT requires the use of the payment service of the clients, retain the exhibits and with authority to consider handling.
4-seal, close, conversion or payment account balance in accordance with the laws and regulations of NHPT.
5-set forth measures to ensure safety in payment according to the requirements and particularities of activity.
6-ask the customer to provide relevant information when using payment services according to regulations.
7-the fine by the customer in violation of regulations on the use of the account agreement or has rules.
Article 15. NHPT's responsibility.
1-guide customers to the correct implementation of the provisions on record-setting opening account, transaction documents and relevant regulations in the use of the account. NHPT is responsible for detection and timely adjustment of accounts opened using false or inaccurate;
2-full implementation, timely payment orders, the requirements to use the customer's account in accordance with the regulations or agreement between customer and NHPT. Control orders, payment vouchers of customers, ensure proper setting procedures, legal, valid and match the registered elements; full, timely supply of services, means of payment necessary to serve the needs of customer transactions through NHPT;
3-accounting made under the economic profession arises on the basis of the legal accounting voucher, duly received. Adjust the items being false accounting, improper accounting of the nature or does not match the content of use of your account under the rules;
4-Send timely, full Debt Paper, newspapers report, detailed book deposit accounts (extra Windows account), paper deposit account balance report at the request of the person using the account. Timely information about payment transactions and account balances to customers periodically or irregularly when required;
5-privacy of information related to your account and transactions on the client's account according to the provisions;
6-maintenance, account opening records and transaction vouchers through accounts in the correct way and the time limit specified by the SBV Governor;
7-listed the rules on opening and using the account;
8-responsible for the damages, infringement, taking advantage of the customer on account of his fault;
9-provide information about the opening, use the account of the client at the request of the competent authority;
10-Count and charged interest rates of deposits on the customer's account balance as specified.
SECTION C – OTHER PROVISIONS article 16. Blocked the account.
1-account being blocked a section or the entire amount available on your account in the following cases: a) When there is agreement between the account holder and NHPT;
b) When a decision or the request in writing of the authority as prescribed by law;
c) other cases prescribed by law.
2-The blockade ended when deposit account: a) the end of the time limit for the account blocked agreement between the account holder and NHPT;
b) authorized under the provisions of the law decision or request cessation of the blockade;
c) according to the provisions of the law.
3-the amount being blocked on the account must be secured and controlled according to the content of the blockade, only be clear when the blockade ended. The case was partially blocked account, then the amount not be sanctioning still be used as normal.
Article 17. Closing the account.
1-close NHPT deposit accounts in the following cases: a) When account holders request;
b) off the balance account and stop dealing in the six (6) consecutive months;
c) When the Organization, customers have an account termination of activities;
d) other circumstances as stipulated by law.
2-decide the rights to NHPT account when the account holder violates the law of payment or violation of the agreement with NHPT; or when your account balance is lower than the deposit specified in the given time limit pursuant to NHPT.
3-after the account is closed, the remaining balance on the deposit account are processed as follows: a) managed under NHPT for cases closed accounts as specified in paragraph 2 of this Article until the account is opened;
b) when processing the remaining balance on your account must be to inform the account owner or be listed;
c) pay according to the decision of the Court.
4-procedure for closing the accounts NHPT regulations match the peculiarities of their unit operations and public notice.
5-When closing the account, the customer must return the unused sheet of blank cheques.

6-after closing the account, if the client has a transaction needs to further establish the procedure to open an account or to be allowed at the discretion of the Court or NHPT.
Article 18. Resolve disputes and handle infringement.
1-NHPT and customer subject to the provisions of article 2 of this regulation are responsible for compliance with the rules on opening and using the account in this regulation, the provisions of the law of the State and the agreements have had between the parties. The customer has the violation depending on the nature and extent of the violation will be sanctioning administrative violations or criminal liability or prejudice, and compensation for damage in accordance with the law.
2-When there occurs a dispute between the parties concerned, the disposal pursuant to this regulation and the provisions of the law of the State.
CHAPTER III the TERMS of the IMPLEMENTATION of article 19. Enforceable.
1-this decision replaces decision 659/QD-NHPT on 29/12/2006 and decision 896/QD-NHPT on 29/12/2008 President NHPT issued regulations to open and use the deposit accounts at NHPT.
2-according to the provisions of this decision, other units and subordinated to check, inspect, compare to supplement, complete the account opening records in his unit to suit.
Article 20. The Organization made.
1-the heads of the units and subordinated to the base defined in NHPT decision implementation; responsible for tracking and organizing test done in his unit.
2-head of finance and accounting is responsible for guidance and examine the implementation of this regulation.
Article 21. The amendment, supplement this regulation by the General Director of NHPT decisions./.