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Circular 43/2015 / Tt-Nhnn: Regulations On The Organization And Operation Of The Postal Transaction Under The Joint Stock Commercial Bank For Lien Vietnam

Original Language Title: Thông tư 43/2015/TT-NHNN: Quy định về tổ chức và hoạt động của phòng giao dịch bưu điện trực thuộc Ngân hàng thương mại cổ phần Bưu điện Liên Việt

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CIRCULAR
Regulation on the organization and operation of the postal transaction under
shareholding commercial banks Vietnam
Postal Union Pursuant to State Bank of Vietnam No. 46/2010 / QH12 June 16, 2010;
Based on the Credit Institutions Law No. 47/2010 / QH12 of June 16, 2010;
Based Enterprise Law No. 68/2014 / QH13 November 26, 2014;
Pursuant to Decree No. 156/2013 / ND-CP of November 11, 2013 of the Government regulating the functions, tasks, powers and organizational structure of the State Bank of Vietnam;
Implement the directive of the Prime Minister in Official Letter No. 7902 / OG-KTTH October 9, 2014 on the model of the postal transaction;
At the request of the Chief Inspector, banking supervision;
Governor State Bank of Vietnam issued Circular regulations on the organization and operation of the postal transaction under joint-stock commercial banks Lien Vietnam.
Article 1. Scope
Circular regulates the organization and operation of the postal transaction under joint-stock commercial banks Lien Vietnam.
Article 2. Subject to
1. Joint Stock Commercial Bank for Lien Vietnam.
2. Organizations and individuals related to the organization and operation of the postal transaction under joint-stock commercial banks Lien Vietnam.
Article 3. Definitions In this Circular, the following terms are construed as follows:
1. The agreement was signed as the capital contribution agreement, contract on business cooperation framework between commercial banks shares Vietnam Postal Union and the Postal Corporation of Vietnam.
2. Room postal transaction is dependent unit joint-stock commercial banks Lien Vietnam, is managed by a local branch of a commercial bank shares Vietnam Postal Union, the implementation of banking services restrictions under the provisions of this Circular, dependent accounting, seal, located at post offices or post offices the communes of the network of Post and Telecommunications Corporation Vietnam in the Vietnam territory under agreement was signed between the joint-stock commercial banks Lien Vietnam Post and Telecommunications Corporation and Vietnam. 3
. Branch manager postal transaction is a subsidiary of Joint Stock Commercial Bank for Lien Vietnam in the province or city where the commercial bank shares Vietnam Postal Union has branches or branches of Post Savings power in the province or city where the commercial bank shares Vietnam Postal Union has no branches.
4. Transaction offices are dependent units of joint-stock commercial banks Lien Vietnam, including:
a) Transaction office was established and operates under the regulations on the operation of network commercial bank;
B) trading room was upgraded from postal transaction as prescribed in this Circular.
5. Postal Savings Branch is a branch of the network activities of joint-stock commercial banks Lien Vietnam, was established to take over the status quo Services Company Postal Savings under the direction of the Prime Minister in Official Letter No. 244 / TTg-DMDN February 21, 2011.
6. Banking services are now limited operation of the postal transaction as provided for in paragraph 2 of Article 7 of this Circular.
7. State Bank's branches of the State Bank branches in provinces and centrally-run cities where there is no Department of Inspection and banking supervision.
Article 4. The authority of the Governor of the State Bank
1. According to the provisions of this Circular and in accordance with the operating target of monetary policy in each period, the Governor of the State Bank authorized to approve or not approve the joint-stock commercial banks Postal Union Vietnam upgrade postal transaction to transaction according to the provisions of its network of commercial banks.

2. According to the provisions of this Circular and in accordance with the operating target of monetary policy in each period, the Governor of the State Bank chief inspector authorized to supervise banks (in the case of postal transaction power is based in the provinces and cities where the Inspectorate Department, banking supervision), Director of the State Bank branches (in the case of postal transaction offices located in the provinces and cities where no Bureau inspection and monitoring the bank):
a) approve or disapprove the termination of transaction activity in the province zip (in case of voluntary termination of operation);
B) Confirmation of commercial bank shares Vietnam Postal Union meet operating conditions of opening postal transaction offices in the province;
C) Confirm eligible to operate in the new location for the postal transaction change of venue in the province;
D) Mandatory terminated transaction activity post office in the province. 3
. In some specific cases, in order to serve the objectives of economic development, social, political and monetary policy management in each period, the Governor of the State Bank decided to post the amount of transaction power was upgraded to a trading room of Joint stock commercial Bank for Lien Vietnam with other provisions in this Circular.
Article 5. Jurisdiction of the Board of Directors Joint Stock Commercial Bank for Lien Vietnam
According to the provisions of this Circular and in accordance with the development orientation of the bank, the Board of Management Joint stock commercial Bank for Lien Vietnamese competent decision:
1. The establishment of the postal transaction.
2. The change of name and place of transaction mail. 3
. The change management branch post office transaction in the locality.
Article 6. Principle 1
documented. Joint Stock Commercial Bank for Lien Vietnam by Vietnamese documented. The translation from foreign languages ​​into Vietnamese must be competent agencies notarized or authenticated signatures of translators in accordance with the law. In case the documents are copies that are not certified copies, copies are available from the original books, they must produce together with the original for comparison, the reference must certify the copies and responsible responsible for the accuracy of the copy compared to the original.
2. The text of the Joint Stock Commercial Bank Postal Union sent Vietnam State Bank as stipulated in this Circular must be submitted by legal representative or the legal representative of the Joint Stock Commercial Bank Vietnam Postal Union signed authorization. The representatives at law authorizes another person authorized in writing must be made in accordance with the provisions of law. 3
. Profile of shareholding commercial banks Vietnam Postal Union submitted directly or sent by mail to the State Bank.
Article 7. The organization and content of prevention activities
1 postal transactions. HR transactions in the postal room personnel shareholding commercial banks Vietnam Postal Union and / or personnel of the post office or postal The commune culture performed on the business of the postal transaction under the agreement signed between Joint stock commercial Bank for Lien Vietnam Post and Telecommunications Corporation with Vietnam, in accordance with the provisions of law.
2. Room postal transactions are performed operations include:
a) Receive time deposits;
B) Opening of payments to individuals;
C) Supply of blank checks; Cash withdrawals from a payment account; implementing local paying agent services within the account balance for individual customers can open an account at the post office transaction;
D) Perform domestic collection service;
E) cash transfer services; payment of foreign currencies;

E) Agents of insurance business under the license for establishment and operation of joint-stock commercial banks, Vietnam Postal Union and the provisions of the current law.
Article 8. Conditions for opening transaction activity
The opening postal operations postal transaction must meet the following conditions:
1. HR transaction at the post office to ensure the following conditions:
a) At least 03 (three) people, including 01 (a) persons as inspectors or equivalent titles duty control and approval of transactions daily;
B) have participated in professional training courses related by joint-stock commercial banks Lien Vietnamese organizations (except officers graduated from intermediate or higher in the financial sector, banks );
C) For personnel hold the post of controller (or equivalent titles), have graduated from an intermediate or higher in the fields of economics, finance and banking.
2. There are information technology systems connected online with the headquarters and branch management; ensure information technology systems, databases continuous operation, safety and security of operations as stipulated by the State Bank and other provisions of the law of Vietnam is concerned. 3
. There are internal rules management systems postal transaction meets the requirements relating to safety and security in accordance with law and equity commercial banks Vietnam Postal Union.
4. Meet the requirements for safety of funds, preserving cash, valuable papers, fire prevention and fire fighting as prescribed by law.
5. Where postal transaction can not vault stipulated by the State Bank:
a) Where the top districts, towns and provincial cities; districts, towns and cities directly under centrally, joint-stock commercial banks Lien Vietnam vault with standards ensure current regulations, commercial banks, shareholding Vietnam suffered Postal Union responsible for transporting money from the postal transaction no prescribed vault in vault ensure prescribed standards after the end of trading hours of each working day;
B) Where the top districts, towns and provincial cities; districts, towns and cities directly under centrally, joint-stock commercial banks Lien Vietnam no assurance standards vault under existing regulations, joint-stock commercial banks must Lien Vietnam responsible for transporting money from the postal transaction no vault after deduction of cash balance limit end of the day on vault ensure prescribed standards after the end of trading hours of each working day. Joint Stock Commercial Bank for Lien Vietnam responsible building regulations limit cash balance and take measures to ensure the safety of cash at the end of day trading room post office, bank reports the State (through the Department of inspection and banking supervision, the State Bank branch offices where postal transaction) to monitor.
Article 9. Opening Sequence prevention
1 postal transactions. Dossiers requesting confirmation opening qualifying transaction activity ZIP:
a) The text of the joint-stock commercial banks, Vietnam Postal Union requesting the opening of eligibility for front office operations postal services;
B) Resolution of the Board of Directors of Joint Stock Commercial Bank for Lien Vietnam on the establishment of the postal transaction.
2. The order and procedures for requesting confirmation opening qualifying transaction activity ZIP:

A) Based on the decision of the Board of Directors on the establishment of the postal transaction as provided for in Article 5 of this Circular, Joint Stock Commercial Bank Postal Union sent Vietnam State Bank ( through the State Bank branch or Inspectorate Department, banking supervision where joint-stock commercial banks Lien Vietnam expected transaction based mail) dossiers requesting confirmation eligible inauguration prevention postal transactions;
B) Within 05 (five) working days from receipt of the dossier as prescribed in this Circular, the State Bank Branch or Department of Inspection and monitoring the bank where the Bank Postal trade Union Vietnamese shares expected headquartered postal transaction shall have check the satisfaction of the conditions of the room opened trading operation postal and writing joint-stock commercial bank Vietnam Postal Union confirmed or not confirmed to meet the conditions for opening operation room post office transactions; the absence of confirmation, writing shareholding commercial banks Vietnam Postal Union must clearly state the reason. 3
. After receiving written confirmation of the State Bank as stipulated in paragraph 2 of this article, joint-stock commercial banks Lien Vietnam shall have done the notification procedure established place of business in accordance with current regulations , publish information on the opening day activities on electronic information, headquarters, branch office manager postal transaction.
4. Within thirty (30) days of receiving written confirmation meet eligibility opening operations of the State Bank as stipulated in paragraph 2 of this article, joint-stock commercial banks Postal Union Vietnam to launch operations postal transaction and written reports to the Inspectorate Department, banking supervision, the State Bank branch where the transaction based on the opening of postal operations delivery room postal service. Past this deadline, the written confirmation of the Inspectorate Department, Banking Supervision, the State Bank branch expire naturally.
Article 10. The order of relocation of the postal transaction
1. Joint Stock Commercial Bank for Lien Vietnam changed locations only transaction in the case of postal or Zip points Score commune cultural post offices where the head office postal transaction change of venue in the same place provinces and centrally-run cities.
2. Dossiers requesting confirmation eligible to operate in the new location for the postal transaction change of location:
a) Text of the Joint Stock Commercial Bank for Lien Vietnam confirms full proposal operating conditions at the new location for the postal transaction change of venue;
B) Resolution of the Board of Directors of Joint Stock Commercial Bank for Lien Vietnam about changing places postal transaction. 3
. The order and procedures for requesting confirmation eligible to operate in the new location for the postal transaction change of location:
a) Based on the decision of the Board of Directors on the change of address postal transaction points as provided for in Article 5 of this Circular, Joint stock commercial Bank Postal Union sent Vietnam State Bank (through the State Bank branch or Inspectorate Department, where Bank banking supervision commercial stake Vietnam expected Postal Union headquarters postal transaction) certification application dossier eligible to operate in the new location for the postal transaction change of venue;

B) Within 05 (five) working days from receipt of the dossier as prescribed in this Circular, the State Bank Branch or Department of Inspection and monitoring the bank where the Bank Postal trade Union Vietnamese shares expected headquartered postal transaction shall have check the satisfaction of the conditions specified in paragraph 2, paragraph 4, paragraph 5 of Article 8 of this Circular postal transaction electrical and send documents to commercial bank shares Vietnam Postal Union confirm or not confirm the meeting confirmed eligible to operate in the new location for the postal transaction change of venue; the absence of confirmation, writing shareholding commercial banks Vietnam Postal Union must clearly state the reason.
4. Within thirty (30) days of receiving written confirmation is eligible to operate in the new location for the postal transaction changes the location of the State Bank in accordance with Clause 3, Article this, commercial banks, shareholding Vietnam Postal Union action must commence postal transactions at the new location and a written report to the Department of inspection and monitoring the bank, the State Bank branch where transaction based mail. Past this deadline, the written confirmation of the Inspectorate Department, Banking Supervision, the State Bank branch expire naturally.
Article 11 procedures, records, upgrade conditions postal transaction to transaction
1. Joint Stock Commercial Bank for Lien Vietnam upgraded 01 (a) transaction postal established and operating before this Circular takes effect a transaction in each geographical district, towns and cities under the provinces and cities directly under the central Government where the joint-stock commercial banks Postal Union no transaction Vietnam. Profile, conditions, order and procedures for upgrading the postal transaction is carried out according to current regulations on the establishment of trading offices of commercial banks, except the conditions of transaction amount are permitted to establish.
2. Where upgrading postal transaction into transaction other than those specified in paragraph 1 of this Article, Profile, conditions, order and procedures for upgrading postal transaction transaction to comply with existing regulations onions on the establishment of a bank transaction business. 3
. In trading rooms were upgraded from postal transaction, joint-stock commercial banks Lien Vietnam can continue to use the human resources of the Post Office or The commune cultural post offices (if they consider it appropriate) to implementation of banking services has allowed limited; for the remaining banking services, to use the Bank's shares trade Vietnam Postal Union in accordance with current law.
Article 12. Termination prevention
1 postal transactions. Room postal transactions terminated in the following circumstances:
a) Naturally active termination;
B) Voluntary termination of operation;
C) Mandatory termination of operations.
2. Joint Stock Commercial Bank for Lien Vietnam responsible:
a) Settlement of assets, rights, obligations and benefits associated with the transaction postal operation termination;
B) Archive documents, documents related to terminated transaction activity post;
C) Implement procedures to terminate legal action postal transactions as prescribed in this Circular and the provisions of relevant laws.
Article 13. Naturally terminated transaction activity post office

1. Trading Room postal operations shall automatically terminate in the event of commercial bank shares Vietnam Postal Union operation termination or Postal Corporation Vietnam operation termination or termination of the Contract on economic cooperation framework joint stock commercial banks, Vietnam Postal Union and the Postal Corporation of Vietnam.
2. Procedures shall automatically terminate operation room post office transactions comply with the law on termination of operation of transaction banks.
Article 14. Voluntary termination action
1 postal transactions. Request for approval dossier terminated transaction activity ZIP:
a) The text of the Joint Stock Commercial Bank for Lien Vietnam approved the proposal to terminate the transaction action mail stating the reasons for termination of activities;
B) Resolution of the Board of Directors of Joint Stock Commercial Bank Vietnam Postal Union on the termination of activities postal transaction;
C) Option solving assets, rights, obligations and benefits associated with the transaction postal operation termination.
2. Voluntary termination sequences active postal transaction:
a) joint-stock commercial banks Lien Vietnam up 01 (a) dossier as provided for in paragraph 1 of this Article submit the State Bank branch or Department of inspection and monitoring the bank where the transaction based mail room;
B) Within 07 (seven) working days from the date of receipt of complete dossiers as prescribed in this Circular, the State Bank branch or Inspectorate Department, Banking Supervision of the headquarters room postal transactions with the written approval of termination of operation room post office transactions; the absence of consent, in writing to the reason. 3
. Within 45 (forty five) days after written approval of the State Bank branch or Inspectorate Department, Banking Supervision office where postal transaction stipulated in Clause 2 this, joint-stock commercial banks Lien Vietnam to conduct legal proceedings in accordance with law to terminate the operation of the postal transaction; a written report Inspectorate Department, Banking Supervision, the State Bank branch where the transaction based on the date of termination postal operations.
Article 15. Mandatory termination action
1 postal transactions. Postal transaction offices were forced to terminate operations do not work correctly when active content is allowed under the provisions of Article 7 of this Circular.
2. Pursuant to the provisions of paragraph 1 of this Article, the State Bank branch or Inspectorate Department, Banking Supervision office where postal transaction documents required shareholding commercial banks Vietnam dots Postal Union end transaction activity post. 3
. Within 45 (forty five) days after the State Bank branch or Inspectorate Department, Banking Supervision office where postal transaction documents prescribed in paragraph 2 of this Article, the Bank commercial Joint stock Vietnam Postal Union to complete the operation termination postal transaction; a written report Inspectorate Department, Banking Supervision, the State Bank branch where the transaction based on the date of termination postal operations.
4. Where there are complaints about the requirements of the State Bank branch or Inspectorate Department, Banking Supervision office where postal transaction on mandatory termination transaction activity post office, bank Postal trade Union shares Vietnam implement a grievance procedure under the current law provisions on complaints.
Article 16. Disclosure of information on the termination of transaction activity post office

Within 07 (seven) working days from the date of receipt of written consent or written request to terminate operations postal transaction (unless of course terminate the activities under Article 12 Communication hereof), joint-stock commercial banks Postal Union announced Vietnam must perform and publicly post the termination of this activity on electronic information, at the head office, branch office manager front office postal service commercial bank shares Vietnam Postal Union and in post offices, post offices communal point where postal transaction offices are located. Content published or posted publicly at least include:
1. Name and address of the postal transaction operation termination.
2. Information on the text of the State Bank on the termination of transaction activity post. 3
. Responsibility of joint-stock commercial banks Lien Vietnam Property, rights, obligations and benefits associated with the transaction postal operation termination.
Article 17. Responsibility of shareholding commercial banks, Vietnam Postal Union
1. There are plans to develop the postal transaction offices, upgrading the postal transaction transaction associated with network development plan, the competent authorities of the Bank through annually.
2. Within 07 (seven) working days from the date the Board of Directors may decide on the matters specified in paragraph 2 and 3 of Article 5 of this Circular, Joint Stock Commercial Bank for Lien Vietnam, have Bank statements for the State (through Department Inspector, banking supervision, the State Bank branch offices where postal transaction); while implementing the content published on the electronic pages of information, at the head office, branch office manager postal transaction, postal transaction related joint-stock commercial banks Postal Union Write. 3
. Recruitment and training of personnel of the postal transaction ensure adequate professional qualifications and professional ethics.
4. Building regulations limit cash balance and take measures to ensure safety of cash at the end of day trading room post office, State Bank report (via the Inspectorate Department, Banking Supervision, state Bank branch offices where postal transaction) performance results monthly.
5. Ensure that the system of internal control, internal audit control capacity, to prevent risks and ensure compliance with internal regulations and legal provisions related to each postal transactions.
6. On a monthly basis, no later than the 15th of the following month immediately following the reporting month, commercial banks, shareholding Vietnam Postal Union State Bank report:
a) Data's funding each delivery postal services, data aggregated capital mobilization of the postal transaction offices in each province and city under the central power and data aggregated capital mobilization of the transaction by postal savings branch Postal management form in Appendix No. 01 issued with this Circular;
B) Data on interest rates at each post office transactions in the form in Appendix No. 02 issued with this Circular.
7. To carry out the disclosure as prescribed in this Circular.
8. Perform other contents prescribed in this Circular.
Article 18. Responsibility of the Office of the Ombudsman, the Banking Supervision
1. A clue to the Governor for consideration and approval of the upgrading of the postal transaction transaction as prescribed in this Circular.
2. Responsible to the Governor of the State Bank to implement the content according to their competence prescribed in this Circular.
3
. To coordinate with the State Bank branch where the shareholding commercial banks Vietnam Postal Union headquarters postal transaction handling issues arising in relation to the organization and operation of the postal transaction.
4. Management, inspection, monitoring activities, including building both the content and implementation of the fund balance limit postal transaction under the Joint Stock Commercial Bank for Lien Vietnamese localities have a Department Inspector establish and supervise banks.
5. Perform other related content as prescribed in this Circular.
Article 19. Responsibilities of the State Bank branch where the shareholding commercial banks Vietnam Postal Union headquarters postal transaction
1. Responsible to the Governor of the State Bank to implement the content according to their competence prescribed in this Circular.
2. Coordinate with the Office of the Ombudsman, the Banking Supervision handling issues arising in relation to the organization, operation room post office transactions in the locality. 3
. Management, inspection, monitoring activities, including building both the content and implementation of the fund balance limit postal transaction under the Joint Stock Commercial Bank for Lien Vietnamese localities.
4. Perform other related content as prescribed in this Circular.
Article 20 of the Transitional Provisions
For the postal transaction offices already established and operating before this Circular takes effect, within a period of 12 months from the date of this Circular effective implementation, joint-stock commercial banks Lien Vietnam must ensure the postal transaction meets opened eligible activities under the provisions of this Circular. Beyond this period, commercial banks, shareholding Vietnam Postal Union to cease operation of the postal transaction did not meet eligibility commence operation as prescribed in this Circular. Article 21.

Effect This Circular takes effect from 15 March 2016. Article 22

Implementation Office, Chief Inspector, Director banks close, heads of units of the State Bank of Vietnam, the director of the State Bank branches in provinces, cities under the Central Government and Chairman of the Board of directors, General Director (Director) Bank commercial Joint stock Vietnam Postal Union has the responsibility to organize the implementation of this Circular. /.