The DECISION of the GOVERNOR of the STATE BANK Of issuing regulations payment through cáctổ function provides payment services to STATE BANK GOVERNOR pursuant to the law the State Bank of Vietnam;

The credit institutions law on 12/12/1997, pursuant to Decree No. 15/CP on 02/3/1993 of the Government of the mission and powers of the management of vàtrách ministries, ministerial agencies;

Pursuant to Decree No. 64/2001/ND-CP dated 20/9/2001 of vềhoạt government payments through the institutions providing payment services;

At the suggestion of the Director of the monetary policy decision: 1. the attached to this decision of operations regulation of payment through the payment service chứccung.

Article 2 this decision takes effect 15 days from the date of signing and the replacement for the Quyếtđịnh of 22/QD-NH1 on 21/2/1994 of the Governor of the State Bank issued non-cash payment Thểlệ, decision No. 144/QD-NH1 on 30/6/1994 củaThống Director, State Bank about payment conditions do not take tiềnmặt for the people's credit Funds.

Article 3. Office, heads of relevant units in Bank nướcViệt South Bank branch Director, State, province, and City Central thuộcTrung General Manager (the Director) the institutions providing payment services, organizations and individuals who use payment services is responsible for implementation of this Quyếtđịnh./.

 

ACTIVE REGULATION of PAYMENT through the INSTITUTIONS PROVIDING PAYMENT SERVICES (attached to địnhsố Resolution 226/2002/QĐ-NHNN dated Jan. 26/3/2002 of the Governor of Ngânhàng State) chapter I GENERAL PROVISIONS article 1: object and scope.

1. this Regulation applies to the following payment activity objects: a) the organized provision of services, including: Ngânhàng beats paying the State of Vietnam (hereinafter referred to as the Bank);

Cácngân every established and operated under the law on credit institutions, including: ngânhàng trade, development banks, investment banks, banking policy, cooperative bank and other banking type;

Quỹtín Central People's use;

Credit function Cáctổ is not the banks are State Bank allows làmdịch service payment;

Cáctổ others are not credit institutions are the State Bank for payment service phéplàm.

b) payment service users is the Organization, individual.

2. this Regulation applies to the activity of domestic and international payment through cáctổ payment service provision functions implemented on the territory of Vietnam, including: a) to the payment account b) make and use of payment services c) organized and participated in the thốngthanh system.

3. Any payment by the institutions providing payment services must tuânthủ the provisions of this regulation and the specific provisions of other documents of State Ngânhàng are related to the payment operations.

Article 2. conditions providing the payment services for other institutions not làngân order: 1. open The tàị account made the payment service of the State Treasury of thựchiện according to the provisions of this regulation and the provisions of other laws have liênquan.

2. Opening your account, make payment services of human dânTrung Central Credit Fund made according to the provisions of this regulation and the provisions of other relevant phápluật.

3. Opening your account, make payment services of funds dụngnhân population of the facility primarily serves the membership when State Bank of chophép.

4. Opening your account, make the payment service of the organizations don't Gotta throw a credit organization is made when the State Bank allowed if đầyđủ meets the following conditions: a) has a license or giấyphép operation or business registration by competent State bodies.

b) Have active projects, which demonstrate: the service payment for permission to perform necessary and closely related with his main unAmerican activities;

Đápứng the appropriate physical conditions with the payment service for permission to perform;

Cóđội staffs are professional and qualified professional to manage and hiệndịch service for permission to make payment.

c) provides a full range of information and relevant documents as required by Ngânhàng when reviewing State license and is responsible before the law exactly the real referendum, vềtính of the information provided.

Article 3. Conditions for implementation of international payment services for banks, the Bank is not chứckhác.

1. for the Bank: the Bank's Forex activities are allowed and kiệnvật substances, qualified staff and professional services to manage, thựchiện international payment services.

2. for other organizations is not the Bank: State Bank of chophép be made in international payment services if meets the following conditions: Đượcphép foreign exchange operations in accordance with the law;

International payment service is required and is closely related with the function độngchính;

Đápứng the material conditions consistent with international payment service, Has had the staff professional and độchuyên to manage and execute international payment services.

4. open the thing and use beats paying account.

1. Hosted Services account beats paying at the request of the Organization, the following individuals if phápluật not otherwise specified: a) a foreign credit institution unAmerican activities in foreign countries.

b) Vietnam organizations and foreign organizations are allowed to operate on the lãnhthổ Vietnam;

c personal Vietnam citizens) have civil law capacity and administrative capacity vidân;

d) foreign individuals have the capacity of civil law and civil behavior capability theoquy the water law that individuals that are citizens.

2. the payment account Type, the nature, conditions, procedures to open and use tàikhoản payment by payment service provision Regulation vớiquy appropriate by the State Bank and the relevant legal regulations.

5. Ensure the solvency.

1. The account holder must ensure there is enough money on your account at the time the payment điểmmà payment transactions must be made according to the payment order that established the tàikhoản owner, or according to the agreement between the account holder and the organization provides health care payment, except in the case of overdrafts are prescribed in clause 2 of this Thing.

2. organizations and individuals use the math vụthanh are only allowed under the overdraft limit overdraft has been bằngvăn agreement with the organization providing the service payment, if the this agreement khôngtrái with the provisions of the relevant laws.

Article 6. Forex management in payment activity.

Cáctổ function of the payment service, payment service user must tuânthủ the regulations on Foreign Exchange Management of Government, bank account opening trongviệc implementation and use of payment services.

Chapter II USE and PERFORM PAYMENT SERVICES category 1. PAYMENT ORDER, PAYMENT VOUCHERS article 7. Payment Orders and execute the payment.

1. Payment Orders is the order of the payment service user to the payment service chứccung nest in the form of paper documents or certificates from your tửhoặc the other form as specified by the competent State agencies to organize yêucầu provides payment services executed payment transaction.

2. supply beats paying service organization is obliged to adjust the payment transaction in the case of payment services chứccung nest made improper payments title yêucầu delivery of payment orders that the payment service user.

Article 8.-payment vouchers.


1. Proof of payment is the basis for the payment transaction. Beats paying vouchers can be set in the form of paper documents, electronic documents or other cáchình as specified by the competent State bodies.

2. Types of vouchers, the elements of the vouchers, the established control, rotation, bảoquản and stay vouchers, the responsibility of the user and provide mathematical vụthanh made according to the regulations of the State Bank and the law there liênquan about the payment voucher.

Section 2. MEANS of PAYMENT, PAYMENT MEANS PROVISION article 9. Means of payment.

Cácphương payment covering: 1. Cash: is paper money and coins issued by the State Bank, dùnglàm means of payment on the territory of Vietnam.

2. the pay of a Czech command is the account holder, to be set up under the provisions of the law, request the organization provides payment services to extract some money from his payment tiềngửi account to pay the beneficiary named on the cheque or the Czech trảcho.

3. The credentials or order: payment means that people pay the payment form lậplệnh by providing payment services regulations, gửicho held worship services of payment where the required account opening his nest chứcđó to extract a certain amount on your account to pay for the beneficiary.

4. Authorized collection or collection: means of payment that the beneficiary of the payment form lậplệnh by providing payment services quyđịnh, send the organization provides payment services entrusted his household income a certain sốtiền.

5. Bank cards and payment by means of provision of services toánphát bar and give up to use payment services under đồngký between the supply and the payment service user beats paying services.

6. The means of payment such as l/c, ordered the vote. .. under the provisions of the relevant law củapháp.

10. The provision of means of payment.

1. Provide means of payment in cash.

Cáctổ payment service organizations are obliged to meet timely delivery and yêucầu of cash payment services users in the range trêntài account balances and overdraft limit agreed by Member quyđịnh of the law suit.

The UK provides payment services agreement with the use of the vụthanh warning when large amount of cash.

2. Provide means of payment by cheque: made in accordance with the Bank's Guide .. .treason Main State on releasing and using cheques.

3. payment by means of supply or order collection thuhoặc: credentials, follow the regulations of the State Bank on beats paying vouchers.

4. Provide means of payment by bank card: follow rules củaNgân the State of issuance, use and payment bank cards.

5. Provide other means of payment made under the provisions of the law of cóliên.

Item 3: DOMESTIC PAYMENT SERVICES article 11. Provides payment services in the country.

1. domestic payment services is a service and payment transactions are established, perform and finish on the territory of Vietnam, except where relevant đếntài account opened abroad or export processing enterprises to participate.

2. payment services in the country include the possible payment methods stipulated from Điều12 to article 17 of this regulation.

Article 12.-payment by check.

1. The sequence of procedures made under the provisions of the Government and the Bank of nướcvề release and use cheques, except quyđịnh back guarantee payment ability perform as specified in clause 2 Điềunày.

2. The signatories issued cheques (account owner or person who is the authorized account holder) has the obligation to ensure payment for the cheque that you signed.

Tờséc is to ensure liquidity is presenting cheques in cungứng payment service organizations serving the pay must meet one of the following: điềukiện Sốdư on account of the account holder is enough to pay for the amount on the cheque; or the balance on the account overdraft hạnmức plus enough to pay for the amount on the cheque.

Article 13 payment order or payment.

1. Order or payment to be applied in payment of goods vụhoặc the remittance of the payment service user in the same nest chứccung payment service application or between organizations providing payment services.

2. Order or payment consists of the following elements: Chữlệnh genus or genera credential serial number, ri;

Họtên, address, account number payer;

Name, address, organization providing payment services serving the payer;

Name, address, number of Member khoảnngười beneficiary;

Name, address, organization providing payment services serving the beneficiary;

Sốtiền payment in words and numbers, Where, on may establish order or payment;

Chữký of the account holder or the person who is the authorized account holder;

Cácyếu other elements by providing payment services regulations not contrary phápluật.

3. conditions, payment procedures, the time limit for execution order or payment dotổ payment service organizations deal with people using beats paying services consistent with the provisions of the State Bank.

4. In time not more than 1 working days from time of received lệnhchi or payment by providing payment services serving the i'il pay him sent to organizations providing payment services serving the beneficiary phảighi there on account of the beneficiary at the request of order or ủynhiệm more details.

Article 14 payment collection or collecting mandate.

1. Thanks to currency or credentials apply in the payment transaction between the payment service ngườisử have opened the account in the internal organization of the provision of health care or payment between institutions providing payment services, on the basis of the cóthỏa agreement or contract about the condition currency households between parties and beneficiaries.

2. Thanks to currency or collect credentials include the following elements: Chữnhờ currency or credentials, serial number ri;

Họtên, address, the account number for the collection;

Name, address, organization of services serving the collection;

Họtên, address, account number payer;

Name, address, organization providing payment services serving the payer;

Sốhợp (or orders, the deal) as a basis for collection; the number of chứngtừ;

Sốtiền thanks to currency in words and numbers;

Place, date documented thanks to currency or credentials currency;

Ngàytháng in the organization providing the service payment paid payment party service;

Ngàytháng in organizing the provision of payment services serving the party thanks to the acquisition of đượckhoản payment;

Cácyếu other elements by providing payment services regulations not contrary phápluật.

3. The conditions and procedure of payment, duration of implementation thanks to currency or currency supply officer dotổ mandate payment services agreement with people using beats paying services consistent with the provisions of the State Bank.

4. In time not more than 1 working days from time of received nhiệmthu by the Committee organizing the provision of payment services serving the beneficiary submitted to the UK, provides payment services serving the payer must complete việctrích Member who pays if on account of that person having enough tiềnđể make payment transactions; or let people pay to know if trêntài account that person does not have enough money to execute the payment transaction.

Article 15. Payment by bank card.


Beats paying by bank card is made according to the regulations of the State Bank of pháthành, use and payment bank cards.

Article 16. Payment by letter of credit.

1. Letter of credit is a written commitment has been opened by Bank cầucủa payment service users (please open the letter of credit), under which ngânhàng made the request of the payment service user (please open thưtín): I'il pay him or authorize another bank to pay immediately by order of the hưởngkhi receptors receive the certificate from the present match with the conditions of the tíndụng; or Chấpnhận will pay or authorize another bank to pay under the orders of ngườithụ entitled to a certain time in the future when receiving the document từxuất process in accordance with the payment conditions of the letter of credit.

2. The opening, release, modification, notification, verification, test vouchers, toánvà rights, obligations of the parties involved in the payment of letters of credit due to the cácbên involved the payment of the applicable agreement and according to the current rules of the Vietnam phápluật.

Article 17. The payment can in other countries.

Việcthanh payment by the payment in other countries could follow rules địnhcủa State Bank.

Item 4. INTERNATIONAL PAYMENT SERVICE Article 18. Perform international payment services.

1. international payment service is the service that belongs to the payment transactions in the following cases: a) payment transactions be established or conducted abroad or end; dịchthanh delivery or payment related to open accounts in foreign countries;

b) payment transactions has export processing enterprises to participate.

2. international payment services including payment rules địnhtại article 19 below: article 19. Cácthể international payment.

1. Payment by letter of credit: The open, release, modification, notification, verification, test vouchers, payment and rights, obligations of the parties concerned in trongthanh math letter of credit following the General rules regarding certificate credit từdo International Chamber of Commerce ICC issued, because the parties to the paid thỏathuận applied and according to the current rules of the law of Vietnam.

2. payment by cheque, by international payment orders or payment quốctế by collection or collecting mandate international, the international card and other math thứcthanh: sequence ' procedure to follow international practices, customs vàthỏa not unlawful agreement Vietnam.

Section 5. GENUS HOUSEHOLDS, HOUSEHOLD SERVICES article 20. Collection Service households, households.

1. the household services are payment service that the organization provides current toánthực bar at the request of the beneficiary in order to achieve the pay right hoặcchấp pros pay on a certain moment in the future of the i'il pay him. Household services include the receipt, handling, send the vouchers go to collection and the collection results, cancel beats paying the collection at the request of the user beats paying services.

Cácthể form households include: Czech, garnishments collects trade votes, made thanks to thuhoặc credentials currency and various other household income formula by agreement not left phápluật.

2. Service apartments is the payment service that the organization provides mathematical vụthanh made at the request of the person who is obliged to pay to pay the beneficiary chongười.

Cácthể knowledge hộ include: Agent payment card, cheque and the form of the agent, or testamentary trust other household under the agreement is not contrary to law.

CHAPTER III ORGANIZATION and JOIN the article 21 PAYMENT SYSTEM: a payment system, chairing and membership of the payment system.

Payment system: generic coefficient is held according to the rules, conditions of service of common standards on the basis of the toántrên stick to the agreement or the regulations between the organization providing the service toánchủ system bar and direct members to perform the transfer payments vàquyết payments obligations between members : 2. Hosted payment system: hosted payment service to supply good tráchnhiệm payment system organization, issued, or agreement with the viêntrực of the rules, conditions and common standard due to the operation of the hệthống payment.

3. direct member: a member of payment system has an obligation to provide the organization with quyếttoán payment service chaired hoặcvới payment system members other direct payment transactions for thựchiện at the request of the payment service users or indirect member cácthành's that I represent.

4. indirect membership: a member is not eligible to be a direct member of thànhthành payment system, payment transaction through the toánthông system via a direct members of payment systems represent themselves vàchỉ are obliged to direct members to the settlement.

Article 22. Organize the internal payment system.

1. internal payment system: a payment system is to be set to hiệngiao payments between members directly as subdivisions of the UK payment service chaired the system.

2. The Bank held an internal payment system for the next viêntrực is the subdivisions.

Tổnggiám Director (Managing Director) the Bank is responsible for the organisation of activities, the technical and equipment chuẩntrang vehicles, operation of the system of internal regulations, beats paying the conditions, criteria, procedures for participation for cácthành member of internal payment system, security measures regulations , fraud prevention, business processes are related to the operation of the internal accounting thốngthanh system.

3. The State Treasury of the Central People's Credit Fund held the system internal beats paying prescribed in clause 2 of this Thing.

4. other organizations made the payment service are not subject to Regulation tạikhoản 2 and paragraph 3 of this article held internal payment system when the State allows Ngânhàng.

Article 23. Organize and participate in interbank payments.

1. Banking, Treasury, the Central People's Credit Fund held interbank payment vàtham bilaterally with organizations provide other payment vụthanh by: a) to the payment account in the institutions providing payment services that: b) For organizing the provision of payment services that open accounts in payment.

Cácđiều conditions, procedures, commitments, payment regulations between the two sides due to two positive bênthỏa consistent with the provisions of the law.

2. Other organizations made the payment service are not subject to Regulation tạikhoản 1 this is organized and participated in inter-bank payment when the State allows đượcNgân: 3. State Bank held interbank payment system to make payments cácgiao between members is directly State Bank uk, credit, other organizations are doing the billing service.

Hệthống inter-bank payment of State Bank is organized according to the following formula: haihình a) clearing including forms: clearing the paper and stick the toánbù except electronics.

Ngânhàng State regulation of the conditions of membership bùtrừ payments system participants, have the right to suspend the clearing participant for thamgia members if members that violate the rules of the clearing of the State Bank.

Căncứ on trading volume of payments in June, the State Bank of địnhsố daily clearing session rules for participating members.

Cácthành member directly perform net settlement at the end of the session bùtrừ.

b) each payment on account at the State Bank include: cáchình payment proof from paper and electronic billing.


Ngânhàng State regulation of the conditions of participating members, the payment system has the right to suspend the payment for participating members join nếuthành members that violate the rules of each payment through bank account gửitại Bank.

Cácthành member directly to perform finalization of right when making a lệnhthanh payment. The State Bank has the right to refuse to execute the payment order with the toánđối bar if on account of members submitted orders, overdraft limit cộngvới balance (if any) is not enough to pay for that settlement.

Trậttự priority payment orders made through accounts at the Bank of nướcnhư: Lệnhthanh an urgent payment be made before; and Lệnhthanh payments would come before was made before.

Trườnghợp payment order sent to the Member's account but on sending commands, the dưcộng with the overdraft limit (if any) is not enough for settlement, the members of which đượcquyền change the order of priority of payment orders or payment hiệnlệnh to the next.

4. credit institutions, other institutions do of payment services are becoming the direct thànhviên of the interbank payment system do State Bank uk if meet eligible members as stipulated by the State Bank.

Cáctổ credit organization, another organization making the payment services if not qualified đểtrở members directly, can become a member of indirect hệthống interbank payments measure the Bank organization.

Article 24.-settlement and ensure the possibility of settlement.

1. the settlement paid for by the money of members payment system, in order to fulfill the obligation to pay arose when making payment quahệ payment system order with the other members of the payments system.

Quyếttoán includes the following two categories: a) of net settlement: the settlement was made with regard to results offset giữasố receivable, payable over a period of an offset for mỗithành participants.

b) total settlement: the settlement is made for the total amount of each payment lệnhthanh payment order immediately after it is made.

2. The institutions providing payment services is a member of the thốngthanh direct inter-bank payments to settlement as defined in point a and point bkhoản 3 Article 23 of this regulation.

3. in case there is not enough balance on the payment account to perform the quyếttoán, organize the provision of payment services are: a) arrangements of resources or borrowing of other credit institutions to settlement;

b) Loans State Bank under the conditions stipulated by the State Bank.

CHAPTER IV RIGHTS and OBLIGATIONS of the PARTIES article 25 BEATS PAYING ACTIVITIES. the Organization's right to provide payment services.

1. the payment service fee regulations for payment services that I provide, measures of security, fraud prevention and safety in payment, close your account when your account is inactive for a long period of low balances and dướimức regulations of the organization providing the payment services , the regulations on overdraft limit and other unlawful kháckhông 2. Requesting the payment service user provides information when the relevant payment service sửdụng and in the process use the payment service.

3. Refuse to provide the service of payment when the payment service user fully khôngđáp the conditions for use of the payment service, does not comply with the Organization's quyđịnh provides payment services or violating the licensing agreement thuậnkhác.

Article 26. Obligations of institutions providing payment services.

1. Make timely payment transactions, security at the request of the payment service dụngdịch, listed on the service charge payments, keep mậtcác information related to the payment account of the person who uses the vụthanh algorithm, except in the cases specified by law, settlement or pay lờicác claims of the payment service user in the scope of powers themselves.

2. Refuse to execute the payment transaction was there evidence of any hợppháp origin.

3. do not conceal the bodies of State authority on the use vụthanh payment, payment amount and other related information for cácgiao payments have had evidence of illegal origin.

4. Provide the information for the account holder as defined in article 31 of this regulation; báocáo State Bank under the provisions of article 32 of this regulation.

Article 27.-rights of the users of payment services.

1. Agreement with the Organization of the provision of services for payment on the overdraft limit and other agreements are not tráipháp laws.

2. Requests the organization provides payment services to provide information in accordance with article 31 of this regulation địnhtại.

3. The complaint and claim for damages the organization providing the service of payment khitổ payment service provision functions: making slow payments than positive vớithỏa title; do not make a payment or transaction made beats paying the correct amount of non-trading, who was the beneficiary at the request of the command toánđó bar; charge non-payment service fees or fees of which cungứng payment service organizations have announced and other violations.

Article 28. Obligations of payment services users.

1. the payment service fee Paid to the payment service provision; full hoàntrả, the due amount of the overdraft on the payment account (if thỏathuận) and interest on the overdraft amount which pursuant to the cungứng payment service organizations and implement fully the provisions of the payment services are cungứng Organizer.

2. Reimburse the organization providing the service of payment in case the beneficiary of tiềnkhông legal base through the payment transaction by the payment service ứngdịch organization made.

Article 29. Responsible in damages.

1. where the organization provides payment services executed Transact toánchậm, errors due to the fault of the organization providing the service damage payment chongười payment services, hosted payment service has tráchnhiệm compensation for the payment service user according to the level of phạtchậm charged the maximum interest rate of overdue loans at the highest category the organization provides health care payments in violation, the number of days and the beneficiary of the fine calculated as follows: a) If payment of the fine from the date, the time of the end of the time limit rules can địnhcho it to on account of the use of the services is credited to the amount of enough beats paying.

b) If false debit account or false debit payment amount overpaid, phạttính number of days from the time the account is recorded in the wrong until the organization provides sufficient amount of refund payment vụthanh on account of the person using the service beats paying after adjustment errors, counted on the wrong amount.

c) if the record has the wrong account or credited to the wrong payment amount missing: phạttính dates from the end of the time limit specified for that payment to the correct account khitài or wrong amount of payment service user đượcghi had enough after adjustment errors, counted on the wrong amount missing.

2. where the payment service user, the organization provides bar service toánvi regulations by providing payment services, announced the thỏathuận, committed between payment service users and payment service provision organizations causing damage, then the Parties shall be responsible for damage bồithường damage.

Article 30. Litigation and dispute resolution.

1. The event of a complaint or a dispute between users of the service supply organization toánvà bar payment services, first of all the parties concerned need giảiquyết by agreement.


2. If the two sides do not deal is about dispute resolution, you can thỏathuận about dispute resolution bodies to handle.

3. in case of no agreement on the resolution of the dispute and of dispute resolution bodies, the bênliên can sue the legal front.

Chapter V information, REPORTS and SECURITY INFORMATION article 31. information.

1. The organization provides payment services is obliged periodically to tàikhoản information about the payment transaction and the balance on the account of the account holder.

2. The organization provides payment services can provide information under yêucầu of irregular account holders.

32. The report.

1. Monthly, the organization provides reports of payment độngthanh payment according to the norms stipulated by the State Bank.

2. In addition to the periodic report, the organization provides payment service means service báocáo at the request of the State Bank to serve the goals of management nhànước billing activity.

Article 33. Information Security.

Fitness attitudes secrets, storing and providing information relating to the deposit of the payment service ngườisử in the organization provides real hiệntheo payment services regulations of the law.

CHAPTER VI INFRACTIONS and VIOLATIONS PROCESSING article 34. Handling violations.

1. organizations and individuals violating the provisions of this regulation tróng according to mứcđộ, breach nature will be disciplined, the prescribed administrative processing of France was luậthoặc save for criminal liability.

2. Organization of the provision of services may be infringement beats paying bank to suspend or revoke the license of unAmerican activities.

3. the payment service user may be violating State Bank, chứccung payment service application for temporary or permanent suspension of the right to use the service of payment under the provisions of the law.

CHAPTER VII ENFORCEMENT PROVISIONS Article 35: responsibility.

TổngGiám Director (Managing Director) the institutions providing payment services is responsible for specific hướngdẫn payments for subdivisions and dissemination for the payment service ngườisử know.

Thanhtra State Bank is responsible for checking the implementation of this regulation đốivới the institutions providing payment services.

36. Amendments, supplements.

Việcsửa supplementing this regulation under the authority of the Governor of the State Bank.