Chương II Nghị định 52/2024/NĐ-CP: Mở và sử dụng tài khoản thanh toán

Chapter II

OPENING AND USE OF PAYMENT ACCOUNTS

Section 1. GENERAL PROVISIONS

Article 9. Opening and use of payment accounts

The opening and use of payment accounts of clients at payment service providers shall comply with the regulations of SBV and relevant laws.

Article 10. Use and authorized use of payment accounts

1. Owners of payment accounts may use their payment accounts to deposit or withdraw cash and request payment service providers to implement valid payment transactions. Owners of payment accounts may request payment service providers to provide information on transactions and the balances of their accounts under agreements with payment service providers where they open such accounts.

2. Owners of payment accounts may authorize the use of their accounts. The authorization shall be made in writing and conformable with the law on authorization.

3. Owners of payment accounts shall adequately and truthfully provide information and comply with regulations on the opening, use, and authorization in the use of payment accounts of payment service providers and ensure the sufficient amount (available balance) on their payment accounts for the implementation of payment orders, excluding cases where there are agreements on overdraft loans with payment service providers.

4. Payment service providers shall adequately and promptly carry out valid payment orders of owners of payment accounts.

5. Payment service providers may refuse to carry out the payment orders of owners of payment accounts in cases where such orders are invalid, or there are legal grounds to determine that the owners have committed prohibited acts prescribed in Article 8 of this Decree or the payment accounts do not have the sufficient amount, excluding cases where there are other agreements. In case of refusing to carry out payment orders of owners of payment accounts, payment service providers shall notify the owners of the reasons.

Article 11. Payment account freeze

1. Payment accounts shall have their balances partly or wholly frozen in the following cases:

a) When there are prior agreements between owners of payment accounts and payment service providers or requests from owners of payment accounts;

b) When there are decisions or written requests from competent authorities as prescribed by the law;

c) When payment service providers detect mistakes or errors when writing “Yes” into payment accounts of clients or carry out refund orders of money transfer service providers due to mistakes and errors compared to payment orders of transferring parties after writing “Yes” into payment accounts of clients. The frozen amount on a payment account shall not exceed the mistaken or erroneous amount;

d) When there are requests for the freeze from one of the owners of a general payment account, excluding cases where there are prior written agreements between the payment service provider and the owners of such a general payment account.

2. The termination of payment account freeze shall be carried out when:

a) There are written agreements between owners of payment accounts and payment service providers or requests from owners of payment accounts;

b) There are decisions to terminate the freeze of competent authorities as prescribed by the law;

c) The mistakes and errors in money transfer payment are processed according to Point c Clause 1 of this Article;

d) There are requests for the termination of the freeze from all of the owners of a general payment account or prior written agreements between the payment service provider and owners of such a general payment account.

3. Payment service providers, owners of payment accounts, and competent authorities, when freezing either by themselves or at the requests of others contrary to the law that causes damage to owners of payment accounts, shall provide compensations as prescribed by the law. 

Article 12. Payment account closing

1. Payment account closing shall be carried out when:

a) Owners of payment accounts submit requests and have adequately fulfilled obligations concerning payment accounts;

b) Owners of payments accounts have died or are announced to be dead;

c) Organizations with payment accounts terminate their operations as prescribed by the law;

d) Owners of payment accounts commit prohibited acts concerning payment accounts prescribed in Clause 5 and Clause 8 Article 8 of this Decree.

dd) There are prior written agreements between owners of payment accounts and payment service providers;

e) Other cases as prescribed by the law.

2. Handling of balances when closing payment accounts:

a) Provide expenditures at the requests of owners of payment accounts or under prior agreements between owners of payment accounts and payment service providers. If owners of payment accounts are incapacitated or have difficulties in cognition and behavior control or restricted legal capacity, expenditures shall be made according to the requests of legal representatives or guardians in conformity with the civil law, or expenditures shall be made for heirs or legal inheritance representatives if owners of payment accounts have died or are announced to be dead; 

b) Provide expenditures according to decisions of competent authorities as prescribed by the law;

c) Carry out the handling according to the law for cases where the legal heirs of the balances of payment accounts do not come to receive them after being notified.

Section 2. OPENING AND USE OF PAYMENT ACCOUNTS OF SBV

Article 13. Opening and use of payment accounts of SBV

1. SBV shall open payment accounts for State Treasury Authorities, credit institutions, and foreign bank branches according to the Law on State Bank of Vietnam and the Law on Credit Institutions.

2. SBV shall open payment accounts for central banks of other countries, foreign banks, international monetary organizations, and international banks according to international treaties and agreements that Vietnam is a signatory. Regarding cases where Vietnam is not a signatory, the opening of payment accounts shall be carried out under the decisions of the Prime Minister of Vietnam.

3. SBV shall open payment accounts and implement transactions on payment accounts at foreign banks, international monetary organizations, and international banks. SBV shall open payment accounts at central banks of other countries and open payment accounts and implement payment transactions abroad according to international treaties and agreements that Vietnam is a signatory. 

Article 14. Applications and procedures for opening and closing payment accounts at SBV of credit institutions, foreign bank branches, and State Treasury Authorities

1. Principles of formulating and submitting applications:

a) Applications shall be made in Vietnamese. If documents in applications for the opening of payment accounts are in foreign languages, they shall be translated into Vietnamese and notarized or authenticated according to the law;

b) Copies of documents in applications for opening or closing payment accounts shall be authenticated or issued based on the original copies or enclosed with the original copies for comparison according to the law; in cases where applications are submitted online, comply with regulations on electronic administrative procedures;

c) Applications shall be submitted by post (postal services) or submitted in person to the Single-Window Department of SBV where the applicants are applying for the opening of payment accounts or online on the Public Service Portal of SBV or the National Public Service Portal;

d) Applicants for the opening or closing of payment accounts shall take legal liability for the accuracy and truthfulness of provided information.

2. An application for opening a payment account at SBV includes:

a) Written request for the opening of a payment account enclosed with the registration of forms of seals and signatures following Form No. 01 enclosed herewith signed and stamped by the legal representative or authorized representative of the organization opening the payment account;

b) Documents proving that the organization opening the payment account is established and operated legally, including the establishment decision, operational license, certificate of enterprise registration, and certificate of cooperative registration or equivalents;

c) Documents proving the representation status of the legal representative or authorized representative of the organization opening the payment account and the valid identity card, citizen card, e-identity card, or passport of such a representative;

d) Appointment documents or decisions and valid identity cards, citizen cards, e-identity cards, or passports of the head accountant or the person in charge of accounting and the person controlling transaction documents with SBV of the organization opening the payment account. 

3. Procedure for opening payment accounts:

a) An applicant for the opening of a payment account at SBV shall submit an application prescribed in Clause 2 of this Article to SBV through Transaction Departments of SBV branches in its areas;

b) When receiving the application, SBV shall inspect the components of the application and compare them with the elements declared in the written request to ensure identicalness and accuracy.

In case the application is inadequate or invalid or has differences between elements declared in the written request and relevant documents in the application, SBV shall provide a notification for the applicant for it to complete the application within 1 working day after receiving the application.

Within 5 working days after receiving the written request for revision and completion of the application from SBV, if the applicant fails to revise or complete the application, SBV shall refuse to open the payment account in writing and return the application to the applicant;

c) Within 2 working days after receiving the adequate and valid application from the applicant, SBV shall open the payment account for the applicant. If SBV refuses to open the payment account, it shall notify the applicant of the reason in writing.

4. Procedure for closing payment accounts:

a) Credit institutions, foreign bank branches, and State Treasury Authorities wishing to close their payment accounts at SBV shall submit applications for closing payment accounts and request the handling of their balances (if any) following Form No. 02 enclosed herewith signed and stamped by their legal representatives to SBV where the accounts are opened;

b) When receiving applications for closing payment accounts, SBV shall inspect and compare the information provided by the application with the information of the payment accounts and handle the balances according to requests of account owners (if any). After handling the remaining balances on payment accounts, SBV shall close such payment accounts;

c) Within 2 working days after receiving the applications, SBV shall close the payment accounts.

d) In case of closing payment accounts under Points c, d, and dd Clause 1 Article 12 of this Decree, the handling of the remaining balances on payment accounts (if any) after fulfilling obligations with concerned parties shall be carried out under written requests of account owners before there are decisions to revoke establishment and operation licenses according to decisions of competent authorities or relevant laws. After closing payment accounts, SBV shall provide written notifications for the applicants within 5 working days.

Section 3. OPENING AND USE OF PAYMENT ACCOUNTS AT CREDIT INSTITUTIONS AND FOREIGN BANK BRANCHES

Article 15. Opening and use of payment accounts between credit institutions and foreign bank branches

1. The opening of payment accounts between credit institutions and foreign bank branches shall comply with the Law on Credit Institutions. Payment accounts opened between credit institutions and foreign bank branches shall only be used for payment purposes and shall not be used for the provision of loans, overdraft loans, or other purposes. 

2. Credit institutions and foreign bank branches licensed to engage in foreign exchange may open foreign currency payment accounts at other licensed credit institutions. The opening and use of foreign currency payment accounts shall comply with the law on foreign exchange.

Article 16. Opening of payment accounts for clients that are not credit institutions

1. Banks and foreign bank branches shall provide guidelines on the opening of payment accounts for clients in conformity with the regulations of SBV and relevant laws.

2. Owners of general payment accounts shall be organizations and/or individuals. Purposes of general payment accounts, rights and obligations of owners of general payment accounts, and regulations concerning the use of general payment accounts shall be specified in writing and conformable with the law on the opening and use of payment accounts.