Chương 1 Nghị định 101/2012/NĐ-CP: Quy định chung

Chapter 1.

GENERAL REGULATIONS

Article 1. Scope of regulation

This Decree deals with the non-cash payments, including: opening and using payment accounts, non-cash payment services, payment intermediary services, organizing, managing, and supervising the payment systems.

Article 2. Subjects of application

1. Providers of non-cash payment services.

2. Providers of payment intermediary services

3. Users of non-cash payment services and payment intermediary services (hereinafter referred to as service users)

Article 3. Payments in foreign currencies and international payments

1. Payments in foreign currencies and international payments must be made in accordance with laws on foreign currencies management and international agreements on payment to which Vietnam is a signatory.

2. Apply the international practice to the international payments that are not regulated by Vietnam’s law,  as long as they are not at odds with fundamental principles of Vietnam’s law.

Article 4. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Non-cash payment services (hereinafter referred to as payment services) includes the payment services via payment accounts and some payment services without payment accounts of clients.

2. International payments are payments that are made by parties, at least one among which has payment accounts outside Vietnam’s territory.

3. Providers of non-cash payment services (hereinafter referred to as providers of payment services) include: the State bank of Vietnam (hereinafter referred to as the State bank), banks, branches of foreign banks, people's credit funds, microfinance institutions, and other organizations.

4. Providers of payment intermediary services are organizations that are not banks and are issued with the License to provide payment intermediary services by the State bank.

5. Payment account owner is the person that opens the account. The account owner of an individual’s account is the person that opens the account.  The owner of an account of an organization is the legal representative or authorized representative of the organization that opens such account.

Article 5. State management responsibility of the State bank for the non-cash payment

1. Promulgate or request competent agencies to promulgate legal documents on non-cash payments.

2. Organize, manage, operate, and supervise the national payment system; participating in the organization and supervision of the operation of payment systems in the economy.

3. Issue and revoke the Licenses to provide payment intermediary services, and supervise the provision of payment intermediary services.

4. Carry out inspection, supervision, and handle the violations committed by organizations and individuals relevant to non-cash payments.

5. Manage and supervise the international cooperation in payment.

Article 6. Prohibited acts

1. Forging, falsifying, replacing payment facilities, payment documents; storing, circulating, transferring, and using fake payment facilities.

2. Intruding or attempting to intrude, sabotage, or illegally changing the software and electronic database used in payment; taking advantage of the computer network errors to make profit.

3. Provide inaccurate information during the provision and use of payment services and payment intermediary services.

4. Illegally revealing and providing the information about the deposit of account owners.

5. Opening or holding anonymous or impersonation payment accounts.

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