Chapter III
CASHLESS PAYMENT SERVICES
Section 1. PAYMENT SERVICES THROUGH PAYMENT ACCOUNTS OF CLIENTS
Article 17. Payment services through payment accounts of clients
1. Payment services through payment accounts of clients include:
a) Provision of payment instruments;
b) Implementation of payment services concerning cheques, payment orders, payment authorizations, collection orders, collection authorizations, bank cards, money transfers, and collection and payment services;
c) Other payment services implemented under the regulations of SBV.
2. Providers of payment services through payment accounts of clients:
a) SBV provides payment services for clients opening payment accounts at SBV;
b) Commercial banks, foreign bank branches, and policy banks provide all payment services prescribed in Clause 1 of this Article;
c) Cooperative banks may provide specific payment services prescribed in Clause 1 of this Article as specified in their establishment and operation licenses issued by SBV.
3. The provision of payment services through payment accounts of clients shall comply with the regulations of SBV.
Section 2. PAYMENT SERVICES NOT THROUGH PAYMENT ACCOUNTS OF CLIENTS
Article 18. Payment services not through payment accounts of clients
1. Payment services not through payment accounts of clients include:
a) Implementation of money transfer, collection, and payment services;
b) Other payment services not through payment accounts implemented under the regulations of SBV.
2. Providers of payment services not through payment accounts of clients:
a) Commercial banks, foreign bank branches, and policy banks;
b) Cooperative banks may provide specific payment services not through payment accounts of clients as specified in their establishment and operation licenses issued by SBV.
c) People’s credit funds may provide specific money transfer, collection, and payment services for their members and clients as specified in their establishment and operation licenses issued by SBV;
c) Microfinance organizations may provide specific money transfer, collection, and payment services for their members and clients as specified in their establishment and operation licenses issued by SBV;
dd) Public postal service providers may provide money transfer, collection, and payment services when they meet the requirements prescribed in Article 19 of this Decree and receive written approval from SBV.
3. The provision of payment services not through payment accounts of clients shall comply with the regulations of SBV.
Article 19. Requirements for the provision of payment services not through payment accounts of clients of public postal service providers
Public postal service providers may provide payment services not through payment accounts of clients when they adequately meet and ensure the maintenance of the following requirements during the provision of payment services not through payment accounts of clients:
1. Having information systems serving the provision of payment services not through payment accounts of clients that meet the requirements for safety assurance of information systems grade 3 as prescribed by the law.
2. Personnel requirements: legal representatives, Directors-General (Director), and persons in charge of the provision of payment services not through payment accounts of public postal service providers shall have at least a bachelor’s degree concerning one of the following majors: economy, business administration, law, and information technology.
Core officials carrying out the provision of payment services not through payment accounts of clients (including Heads of divisions (departments) or equivalents and technical officials) shall have at least a college diploma concerning one of the following majors: economy, business administration, law, information technology, or specific professional fields.
3. Having technical and professional procedures for each type of service; having measures to ensure solvency and maintain the balances of their payment accounts at banks and an amount of cash larger than the amount paid to clients at the time of payment; procedures for intramural inspection and control; risk management regulations; general principles and intramural regulations on anti-money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction; procedures for handling review requests, complaints, and disputes; regulations on rights and responsibilities of concerned parties.
4. Having schemes to collect and transfer cash to ensure its transfer to payment accounts at the end of the day and ensure the safety and security of the cash transfer; equipment ensuring the delivery and management of cash, regulations on limits for money transfer, money receipt, and fund balances at service provision locations; assurance of fire safety as prescribed by the law.
Article 20. Applications and procedures for written approval and revocation of documents on the provision of payment services not through payment accounts of clients of public postal service providers
1. An application for approval for the provision of payment services not through payment accounts of clients includes:
a) Written request for the provision of payment services not through payment accounts of clients following Form No. 03 enclosed herewith;
b) Resolution of the Board of Members and/or documents of competent representatives of owners in conformity with the Company Charter regarding the approval of the presentation of requirements for the provision of payment services not through payment accounts of clients;
c) Presentation of requirements for the provision of payment services not through payment accounts of clients according to Article 19 of this Decree;
d) Personnel documents: certified copies, copies from the original copies, or copies enclosed with the original copies of personal profiles for comparison with documents proving the professional qualifications and capacities of legal representatives, Director-General (Director), and persons in charge and core officials providing the mentioned services;
dd) Establishment license, enterprise registration certificate, or equivalents issued by a competent authority and Company Charter (certified copies, copies from the original copies, or copies enclosed with the original copies for comparison).
2. Approval procedure:
a) The public postal service provider shall submit 3 applications for the provision of payment services not through payment accounts of clients according to Clause 1 of this Article by post (postal services) or in-person to the Single-Window Department of SBV or online on the Public Service Portal of SBV or the National Public Service Portal (the online submission of applications shall comply with regulations on electronic administrative procedures). The public postal service provider shall assume legal liability for the accuracy and truthfulness of provided information.
SBV shall appraise the application according to the requirements prescribed in Article 19 of this Decree;
b) Within 5 working days after receiving the application, SBV shall confirm the adequate and valid or vice versa with the applicant in writing as per regulation.
If the application is inadequate and/or invalid as per regulation, SBV shall request the applicant to revise and complete the application in writing. The time when the applicant revises and completes the application shall not be included in the appraisal time.
c) Within 60 working days after receiving the adequate and valid components of the application, SBV shall appraise the application. After 60 days from the date of the written request for revision or completion of the application of SBV, if the applicant fails to revise the application or the application is still ineligible after 2 revision attempts, SBV shall issue a written refusal of the approval and return the application to the applicant.
Within 60 working days after receiving the revised and completed application from the applicant, SBV shall appraise the application and issue a written approval as per regulation. In case of refusal, SBV shall answer and explain in writing.
3. The effective period of a written approval is 10 years from the date SBV signs it. In case of extending the effective period of a written approval for the provision of payment services not through payment accounts of clients, within 60 days before the written approval expires, the requesting provider shall submit 3 applications for approval extension, including a written request following Form No. 03 enclosed herewith; reports on the implementation of operations according to the written approval from the date of approval to the date of submission of applications and copies of the effective written approval to SBV.
Within 30 working days after receiving applications for the extension, SBV shall assess and extend the effective period of the written approval or refuse to extend it and provide explanations in writing.
The extended period shall be 10 years from the date SBV extends the effective period of the written approval.
4. Written approval for the provision of payment services not through payment accounts of clients shall be revoked in the following cases:
a) The provider with the written approval for the provision of payment services not through payment accounts of clients issued by SBV is dissolved or bankrupt according to the law;
b) The provider with the written approval for the provision of payment services not through payment accounts of clients issued by SBV applies for the revocation of the written approval due to the termination of the provision of payment services not through payment accounts of clients following Form No. 05 enclosed herewith;
c) There is a judgment, judgment enforcement decision, or administrative sanction decision of a competent state authority or a criminal judgment execution management authority, which contains a request for the revocation of the written approval of the public postal service provider or a written request of a competent state authority or a criminal judgment execution management authority for the revocation of the written approval of the public postal service provider;
d) The provider with the written approval for the provision of payment services not through payment accounts of clients issued by SBV commits prohibited acts prescribed in Clause 8 Article 8 of this Decree;
dd) The provider fails to remedy its violations after 3 months from the date SBV sends it a written notification of violations of one of the requirements prescribed in Article 19 requiring remedial measures.
e) The provider operates contrary to the written approval of SBV for the provision of payment services not through payment accounts of clients;
g) The provider is detected to have failed to provide payment services not through payment accounts of clients for 6 consecutive months during an inspection or supervision of the provision of such services.
5. The procedure for considering the revocation or revoking written approval for the provision of payment services not through payment accounts of clients of public postal service providers:
a) If the provider is dissolved or bankrupt according to Point a Clause 14 of this Article, it shall notify SBV of such an event within 7 working days after the date of approval for the enterprise dissolution decision according to the Law on Enterprises or the date of receipt of the bankruptcy declaration decision from a People's Court according to the law on bankruptcy. 10 working days after receiving the written notification from the provider, SBV shall issue a decision to revoke the written approval.
10 working days after receiving the application prescribed in Point b Clause 4 of this Article, SBV shall issue a decision to revoke the written approval.
10 working days after the occurrence of one of the cases prescribed in Points c, d, and dd Clause 4 of this Article, SBV shall issue a decision to revoke the written approval;
b) When the provider has signs of being subject to one of the cases prescribed in Points e and g Clause 4 of this Article, SBV shall notify the provider and request it to provide explanations.
15 working days after receiving the written notification from SBV, if the provider does not have any explanation document or the explanations are unreasonable, SBV shall consider issuing a decision to revoke the written approval.
6. After receiving the decision on the revocation of the written approval from SBV, the provider subject to the revocation shall immediately suspend the provision of payment services not through payment accounts of clients.
Within 30 days after the issuance of the decision on the revocation of the written approval of SBV, the provider shall notify relevant organizations and individuals of such an event in writing to liquidate contracts and fulfill all obligations and responsibilities between parties as prescribed by the law.
When the provider has fulfilled every obligation and responsibility between parties according to the law, it may request for the provision of payment services not through payment accounts of clients according to Article 19 of this Decree after 3 years from the date its written approval is revoked as prescribed in Clause 4 of this Article (excluding Point a Clause 4). Applications and procedures shall comply with Clauses 1 and 2 of this Article.
Section 3. PARTICIPATION IN INTERNATIONAL PAYMENT SYSTEMS
Article 21. Requirements for participation in international payment systems of commercial banks and foreign bank branches
1. Being licensed to engage in basic foreign exchange operations in domestic and international markets.
2. Having policies on and procedures for risk management concerning money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction laws that meet the requirements prescribed in anti-money laundering, terrorism financing, and financing of proliferation of weapons of mass destruction laws when participating in international payment systems.
3. Having information systems that meet the requirements for management, administration, safety, and confidentiality according to Vietnamese law; intramural regulations on standards of the selection of connections to international payment systems.
4. Organizations operating international payment systems are legally established and operated abroad.
Tìm kiếm
Nghị định 52/2024/NĐ-CP (Bản Word)
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