Chương I Thông tư 23/2014/TT-NHNN hướng dẫn mở sử dụng tài khoản thanh toán tại tổ chức cung ứng dịch vụ thanh toán: Quy định chung

Chapter I

GENERAL REGULATIONS

Article 1. Governing scope

1. This Circular provides guidance on the opening and use of payment accounts by entities, individuals at payment service suppliers.

2. The opening and use of payment accounts by State Treasuries shall be subject to provisions of this Circular and guidance of the State Bank of Vietnam (hereinafter shortly referred to as the State Bank).

3. The opening and use of payment account in foreign currency by residents and non- residents, payment accounts in VND by non-residents and residents who are foreign individuals shall be conformable to laws and regulations on foreign exchange control and provisions of this Circular.

Article 2. Subjects of application

1. Payment service suppliers shall include:

a) The State Bank;

b) Commercial banks, banks for social policies, cooperative banks (hereinafter collectively referred to as banks);

c) Foreign bank branches.

2. Entities, individuals who open payment accounts at payment service suppliers (hereinafter called customers).

3. Other entities, individuals relating to the opening and use of payment accounts at payment service suppliers.

Article 3. Forms of opening payment accounts and interest payment for the balance on the payment account

1. Forms of opening payment accounts shall include personal payment account, corporate payment account and shared payment accounts.

2. Personal payment account shall mean an account that is opened by an individual at a payment service supplier.

3. Corporate payment account shall mean an account that is opened by an entity at a payment service supplier. Holder of corporate payment account shall be the legal representative or authorized representative of the entity that opens the account, who shall perform transactions relating to the payment account on behalf of the entity.

4. Shared payment account shall mean the account as prescribed in Clause 3 Article 10 of Decree 101/2012/ND-CP dated 22 November 2012 on non-cash payment.

5. Balance on the payment account shall be entitled to interest rate that is applicable to demand deposits. Interest rate shall be fixed by the payment service supplier and posted in public in accordance with applicable laws and regulations.

Article 4. Authorization in use of payment account

1. During the use of payment account, account holder, chief accountant or person in charge of accounting (if any) may authorize others to act on their behalf.

2. Such authorization in the use of payment account shall be made in writing in accordance with laws and regulations on authorization. The authorization in use of a corporate payment account shall be subject to a written consent of the entity that opens the account.

3. For the purpose of authorization in using payment account, the account holder shall submit the letter of authorization together with the registration of signature specimen and a copy of the ID card or valid passport of the attorney (if the copy is not certified, the original thereof shall be presented for comparison) to the payment service supplier where the account is opened.

Article 5. Rights and obligations of payment account holder

1. The payment account holder shall have following rights:

a) To use the amount of money on his account for performance of legal and valid payment orders. The payment service supplier (where the account is opened) shall facilitate the account holder to use his payment account conveniently and safely;

b) To select the means of payment, services and utilities of payment offered by the payment service supplier;

c) To authorize another person to use his payment account in accordance with provisions in Article 4 of this Circular;

d) To request the payment service supplier who his account is opened to perform legal and valid payment orders and to be supplied with information on payment transactions, account balance as per the agreement with the payment service supplier;

dd) To request the payment service supplier where his account is opened to temporarily lock, close the payment account upon necessity; to send a notice to the payment service supplier of any dispute in regard of the shared account among the shared account holders;

e) Other rights in accordance with laws or written agreement between the account holder and the payment service supplier, which are not contrary to prevailing laws and regulations.

2. Payment account holder shall have following obligations:

a) To maintain available balance on the payment account to service the set up payment orders. In case where there exists an overdraft agreement with the payment service supplier where the payment account is opened, related obligations must be fulfilled upon paying in excess of the Credit balance on the account;

b) To implement regulations on opening and use of payment accounts as provided for in this Circular;

c) To timely notify the payment service supplier, where his payment account is opened, upon finding out any errors, mistakes on his account or having a doubt that his account is misused;

d) To refund or coordinate with the payment service supplier in refunding the amounts which were credited to his account by virtue of errors, mistakes;

dd) To supply full, clear and accurate information relating to the opening and use of payment account. To timely notify and send related documents to the payment service supplier, where his account is opened, upon arising any change in the information of the payment account opening documents;

e) To maintain a minimum balance on the payment account as stipulated by the payment service supplier;

g) To take responsibility for any damage caused by the mistakes or being misused, defrauded upon using payment service via account at his fault;

h) Not to lease, lend his payment account;

i) Not to use the payment account for transactions in relation to money laundering, terrorism financing, swindling, fraud or any other illegal acts.

Article 6. Rights and obligations of payment service suppliers

1. Payment service suppliers which open payment accounts for customers shall have following rights:

a) Payment service suppliers shall be entitled, at the own discretion, to deduct from (Debit to) the payment account of customer in following cases:

- For collecting due, overdue debts, interest and other charges arising during the account management and supply of payment services as per the written agreement signed with the customers in conformity with applicable laws and regulations;

- Upon request by competent state regulator in judicial execution of decision on administrative sanction, judgment enforcement decision, tax collection decision or other payment obligations in accordance with laws and regulations;

- For adjusting items that are wrongly accounted, or that are not accounted to the right nature or not conformable to the details of the payment account in accordance with applicable laws and regulations and notify the account holder for information;

- Upon finding out the customer’s account is Credited wrongly or upon request for cancel of Credit order from the remitting payment service supplier because such remitting payment service supplier finds out some mistakes against the payment order of the remitter;

- For regular payments as per the agreement between the account holder and the payment service supplier.

b) To refuse the payment order of account holder in following cases:

- The account holder fails to fulfill requirements of payment procedure, payment order is invalid, or not compatible to registered details in the account opening file or not conformable to the agreement between the account holder and the payment service supplier;

- Balance on the payment account is insufficient or in excess of the overdraft limit for performing the payment order;

- Upon receiving a written request from a competent state regulator or having appropriate evidence showing that the payment order is for the purpose of money laundering, terrorism financing as stipulated by laws and regulations on anti-money laundering;

- The payment account is temporarily locked, totally blockaded or the payment account is being closed, the payment account is temporarily locked or blockaded partially whereas the remaining balance that is not locked, blockaded, is not sufficient (for the case of overdraft) or is in excess of the overdraft limit for performing payment orders.

c) To refuse request for temporary lock, close of payment account by the holder or otherwise the shared payment account is not blockaded yet in accordance with provisions in Item d Clause 1 Article 17 of this Circular when the account holder has not fulfilled yet his payment obligations under an enforcement decision of the competent state regulator or has not fully paid the payables to the payment service supplier where his account is opened;

d) To stipulate on the minimum balance on the payment account, which shall be announced publicly and guided in details to the customer;

dd) To stipulate and apply measures of safety, security in the opening and use of payment accounts in accordance with applicable laws and regulations;

e) Other rights in accordance with laws and regulations or as per the written agreement between the account holder and the payment service supplier, which are not contrary to prevailing laws and regulations.

2. Payment service suppliers shall have following obligations:

a) To execute the payment order of the account holder after having verified, checked the legality, validity of the payment order;

b) To store the signature specimen of account holder, chief accountant or person in charge of accounting (if the customer is an entity that is required to arrange a chief accountant) and authorized persons for the purpose of verification, comparison during the use of payment account;

c) To timely Debit to the customer’s payment account for inward remittance orders, deposits to account; to timely refund the amounts that were wrongly Debited to the customer’s payment account;

d) To timely and fully inform of the balance and executed transactions on the payment account as per the agreement with the account holder (as defined in the contract on opening and use of payment account) and take responsibility for the correctness of the supplied information;

dd) To timely update information upon having any change in the opening file customer’s payment account. To maintain the opening file of account and documents of account transactions in compliance with applicable laws and regulations;

e) To keep the secret of information relating to the payment account and transactions on the payment account of the holder in accordance with applicable laws and regulations;

g) To be liable for any damage that is caused by virtue of mistakes or act of misuse, fraudulence on the customer’s payment account at the payment service supplier’s fault;

h) To comply with laws and regulations on anti-money laundering and counter-terrorism financing;

i) To set up internal procedures on the opening and use of payment accounts and maintain the minimum balance on the payment account. To instruct and inform the customer publicly and answer, promptly handle queries, complaints facing during the opening and use of payment accounts.