Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for cashless payments, including the opening and use of payment accounts; cashless payment services; payment intermediary services; organization, management, and supervision of payment systems.
Article 2. Regulated entities
1. Cashless payment service providers.
2. Payment intermediary service providers.
3. Organizations and individuals relevant to the provision of cashless payment services and payment intermediary services.
4. Organizations and individuals using cashless payment services and payment intermediary services (hereinafter referred to as “clients”).
Article 3. Interpretation of terms
For the purpose of this Decree, the following terms shall be construed as follows:
1. “Cashless payment services” (hereinafter referred to as “payment services”) include payment services through clients’ payment accounts and payment services not through clients’ payment accounts.
2. Payment services through clients’ payment accounts refer to the provision of payment instruments; implementation of payment services concerning cheques, payment orders, payment authorizations, collection orders, collection authorizations, bank cards, money transfers, collection and payment services, and other payment services for clients through their payment accounts.
3. Payment services not through clients’ payment accounts refer to the provision of payment services and implementation of transactions that are not through clients’ payment accounts.
4. Cashless payment service providers (hereinafter referred to as “payment service providers”) refer to organizations providing one or several payment services according to this Decree, including the State Bank of Vietnam (hereinafter referred to as “SBV”), banks, foreign bank branches, people’s credit funds, microfinance organizations, and public postal service providers.
5. Payment intermediary service providers refer to organizations that are not banks or foreign bank branches licensed to provide payment intermediary services by SBV.
6. Public postal service providers refer to enterprises designated under the Law on Post.
7. Cashless payment transactions (hereinafter referred to as “payment transactions”) refer to the use of payment services for payment or transfer of money of organizations and individuals.
8. International payment refers to payment transactions implemented for an organization or individual with a payment account or payment instrument issued outside of Vietnam’s territory.
9. Payment account owners refer to individuals and organizations opening their payment accounts.
10. Cashless payment instruments (hereinafter referred to as “payment instruments”) refer to instruments issued by payment service providers, financial companies licensed to issue credit cards, and e-wallet payment intermediary service providers and used by clients to implement transactions concerning cheques, payment orders, payment authorizations, collection orders, collection authorizations, bank cards (including debit cards, credit cards, and prepaid cards), e-wallets, and other payment instruments according to the regulations of SBV.
11. Illegal payment instruments refer to payment instruments not prescribed in Clause 10 of this Article.
12. Electronic money refers to the value of Vietnam Dong stored in electronic means provided based on the amount prepaid by clients to banks, foreign bank branches, and e-wallet payment intermediary service providers.
13. Financial switch services refer to services providing technical infrastructures for the connection, transmission, and handling of electronic data of domestic transactions among payment service providers, financial companies licensed to issue credit cards, and payment intermediary service providers.
14. International financial switch services refer to the connection with international payment systems to transmit and handle e-data of international payment transactions.
15. Electronic clearing services refer to services providing technical and professional infrastructures for the receipt and comparison of transaction data and calculation of amounts to be collected or paid after clearing among members to carry out the settlement for concerned parties.
16. E-wallet services refer to services provided by banks, foreign bank branches, and payment intermediary service providers for clients to deposit in or withdraw money from e-wallets and implement payment transactions.
17. Collection and payment services refer to the receipt and handling of e-data, calculation and cancelation of collection and payment services for clients with payment accounts or bank cards, and implementation of payments to concerned parties.
18. E-payment portal services refer to services providing technical infrastructures for connection, transmission, and handling of e-data of payment transactions implemented by payment instruments between clients, payment acceptance units and banks, foreign bank branches, financial companies licensed to issue credit cards, and payment intermediary service providers.
19. Payment systems refer to systems that include regulations, means, procedures, and technical infrastructures for handling, switching, clearing, and settling payment transactions.
20. International payment systems refer to payment systems established abroad that permit the implementation of international payment transactions.
21. Important payment systems refer to payment systems that have a leading role in serving the payment demands of entities in the economy with systematic risks and meet at least one of the following criteria:
a) Being an only payment system or accounting for a large portion compared to the total payment value of other payment systems of the same type; or
b) Being a system that handles high-value payment transactions; or
c) Being a system used to carry out the settlement for other payment systems or transactions on the financial market.
22. Systematic risks refer to risks where a member of a payment system is incapable of fulfilling financial obligations in that payment system when due, leading to other members' failure to fulfill financial obligations when due, with risks spreading to other payment systems.
23. General payment account refers to a payment account opened by two or more entities.
Article 4. State management responsibilities of SBV regarding cashless payment
1. Promulgate or request competent authorities to promulgate legislative documents on cashless payment; stipulate the management, connection, and sharing of data for cashless payment.
2. Organize, manage, operate, and supervise the national payment system; participate in organizing and supervising the operations of other important payment systems in the economy; supervise the provision of payment services and payment intermediary services.
3. Approve the participation in international payment systems of commercial banks and foreign bank branches in writing.
4. Issue, revise, and revoke licenses to provide payment intermediary services.
5. Approve and revoke documents on the provision of payment service not through clients’ payment accounts of public postal service providers.
6. Inspect and handle violations of the law on cashless payment of organizations and individuals within its jurisdiction.
7. Manage international cooperation in payment; take charge and cooperate with competent authorities in managing international payment.
Article 5. Foreign currency payment and international payment
1. Foreign currency payment and international payment shall comply with this Decree, foreign exchange management, users' data protection, cybersecurity, and tax administration laws, anti-money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction laws, and international treaties and agreements that Vietnam is a signatory. The application of commercial practices shall comply with Article 3 of the Law on Credit Institutions.
2. Commercial banks and foreign bank branches may participate in international payment systems when they meet the requirements prescribed in Article 21 of this Decree.
3. The provision of payment services and payment intermediary services for clients not residing in Vietnam and foreigners residing in Vietnam to implement payment transactions of goods and services in Vietnam of foreign service providers shall be carried out through commercial banks or foreign bank branches approved by SBV to participate in international payment systems of such foreign service providers.
4. Financial switch service providers may connect to international payment systems to carry out international financial switch services when they meet the requirements prescribed in Article 22 of this Decree.
5. Payment intermediary service providers (excluding financial switch service providers) may provide their services for clients for the implementation of payment transactions of foreign goods and services; the payment and settlement of such international transactions shall be carried out through commercial banks or foreign bank branches approved by SBV to engage in foreign exchange on international markets.
6. Parties involved in international payment shall adequately, accurately, and promptly provide information and meet the requirements of state management authorities according to Vietnamese law.
Article 6. E-wallets and prepaid cards
1. E-wallets and prepaid cards are means of e-money storage.
2. Banks and foreign bank branches may issue and provide e-wallets and prepaid cards. The provision, issuance, and use of e-wallets and prepaid cards shall comply with the regulations of SBV.
3. Payment intermediary service providers that provide e-wallet services shall ensure the maintenance of a total balance of the payment security accounts for services concerning e-wallets opened at banks or foreign bank branches higher than the total balance of all the e-wallets issued to clients; only permit the use of services for e-wallets linked with payment accounts or debit cards of clients.
Article 7. Organization, management, and operation of the national payment system
1. SBV shall organize, manage, and operate the national payment system to provide payment services for members of the system, which are SBV, credit institutions, foreign bank branches, and State Treasury Authorities; carry out the settlement of clearing results for other payment systems.
2. SBV shall stipulate the management, operation, and assurance of operational safety of the national payment system.
Article 8. Prohibited acts
1. Altering and erasing payment instruments and payment documents contrary to the law; forging payment instruments and payment documents; storing, selling, transferring, and using counterfeit payment instruments.
2. Infiltrating or attempting to infiltrate, steal data, sabotage, or make illegal changes to software programs or databases used in payment; taking advantage of computer network errors for profiteering purposes.
3. Providing untruthful information related to the provision or use of payment services and payment intermediary services.
4. Disclosing or providing information on the balances of payment accounts, bank cards, or e-wallets and payment transactions of clients at payment service providers or payment intermediary service providers contrary to relevant laws.
5. Opening or maintaining anonymous or impersonating payment accounts or e-wallets; purchasing, selling, hiring, leasing, borrowing, and lending payment accounts or e-wallets; hiring, leasing, purchasing, and selling bank cards or opening bank cards on behalf of others (excluding cases of anonymous prepaid cards); stealing or colluding with others to steal, purchase, or sell information on payment accounts, bank cards, or e-wallets.
6. Issuing, providing, and using illegal payment instruments.
7. Providing payment intermediary services without licenses to provide payment intermediary services issued by SBV. Providing payment services without being payment service providers.
8. Performing, organizing, or enabling the following acts: using or taking advantage of payment accounts, payment instruments, payment services, or payment intermediary services to commit gambling, organize gambling, rig, deceive, and commit illegal trading and other illegal acts.
9. Erasing and altering contents of licenses to provide payment intermediary services and purchasing, selling, transferring, leasing, lending, and forging such licenses.
10. Authorizing or assigning other organizations or individuals to carry out licensed operations of agents according to licenses to provide payment intermediary services.
11. Falsifying or forging documents proving eligibility for the issuance of licenses to provide payment intermediary services in applications for licenses.
12. Operating contrary to contents prescribed in licenses to provide payment intermediary services.
13. An owner of a payment account at a specific payment service provider that provides information for or commits to not having a payment account at another provider of payment services for parties with relevant rights and obligations according to the law on the disbursement of loans of credit institutions and foreign bank branches.
Tìm kiếm
Nghị định 52/2024/NĐ-CP (Bản Word)
Nghị định 52/2024/NĐ-CP (Bản Pdf)