Chương IV Thông tư 23/2014/TT-NHNN hướng dẫn mở sử dụng tài khoản thanh toán tại tổ chức cung ứng dịch vụ thanh toán: Tạm khóa, phong tỏa và đóng tài khoản thanh toán

Chapter IV

TEMPORARY LOCK, BLOCKAGE AND CLOSE OF PAYMENT ACCOUNT

Article 16. Temporarily locking a payment account

1. Payment service suppliers shall temporarily lock the entire or a part of the amount on the payment account of the customer (temporarily stopping the operation) upon the availability of the written request from the account holder (or his legal representative) or as per the written prior agreement between the account holder and the payment service supplier, except for the case as stipulated in Item c Clause 1 Article 6 of this Circular.

2. The ending of temporary lock of a payment account and handling of outward, inward payment orders during the period of temporary lock as requested by the account holder (or his guardian, legal representative) or as per the written agreement between the account holder and the payment service supplier.

Article 17. Blockading a payment account

1. The payment service supplier shall blockade a part or entire of the amount on the customer’s payment account in following cases:

a) A written request issued by a competent regulator is available in accordance with applicable laws and regulations;

b) The payment service supplier finds out that there is some mistake, error in Crediting to the customer’s payment account or a request for refund of money is sent from the remitting payment service supplier;

c) The payment service supplier finds out that there is a sign of fraudulence, breach of laws and regulations concerning the payment account;

d) A written notice is serviced by one of the account holders informing that there arises dispute among the holders of the shared payment account.

2. Immediately after blockading the payment account, the payment service supplier shall send a written notice to the account holder (or his guardian, legal representative) of the reason and scope of blockading the payment account, blockaded amount on the payment account must be kept intact and closely monitored as per the details of blockage. In case where the account is partially blockaded, the other part of the account may still be used as usual.

3. In case where the payment account is blockaded under the provisions in Item b Clause 1 of this Article, the blockaded amount of the payment account shall not exceed the amount on the error remittance order.

4. The payment service supplier shall end the blockage of payment account when one of following conditions is satisfied:

a) The term of blockage expires;

b) A written request for ending the blockage of payment account is issued by the competent regulator;

c) The payment service supplier has finished handling the mistake, error in remittance;

d) After verification, there is no act of fraudulence or breach of laws in regard of the payment account;

dd) A written notice made by all the holders of the shared payment account informing that the dispute of the shared payment account among the holders has been solved.

Article 18. Closing a payment account

1. The payment service supplier shall close the customer’s payment account in following cases:

a) A written request for close of the payment account is submitted by the account holder, who has fulfilled obligations relating to the payment account. In case where the account holder is under 15 years old, or at the age of 15 to less than 18, does not have own assets, or is restricted in civil act capacity, or loses civil act capacity, the close of account shall be handled upon the request of the guardian, legal representative of the account holder;

b) Holder of a personal payment account is deceased, declared as dead, missing or loses civil act capacity;

c) The entity holding the payment account terminates its operation in accordance with applicable laws and regulations;

d) The account holder breaks the commitment or agreements at the contract of opening and use of payment account signed with the payment service supplier;

dd) Other cases as provided for by the laws.

2. The closing period of a payment account due to failure in maintaining the minimum balance and no transaction arising in a long time period; term for notice to the account holder before closing the payment account and other specific issues relating to the close of payment account in this case shall be determined and advised by the payment service supplier to the customer.

3. After closing the payment account, the payment service supplier shall be required to notify the account holder, the guardian or legal inheritor for information in case that the holder of payment account is deceased, declared as dead or missing.

4. The remaining balance after the payment account is closed shall be treated as follows:

a) Making payment as requested by the account holder, guardian, legal representative of the account holder (if the account holder is under 15 years old, or at the age of 15 to less than 18, does not have own assets, or is restricted in civil act capacity, or loses civil act capacity) or the inheritor, inheritor’s representative in case that the holder of the personal payment account is deceased, declared as dead, missing;

b) Making payment under the decision of the court;

c) The payment service supplier shall handle in accordance with applicable laws and regulations in the event where the legal beneficiary to the balance on the account has already been notified but failed to come up to receive or as per a prior written agreement with the account holder in conformity with applicable laws and regulations.

5. After closing the payment account, if the customer has a demand for using the payment account, he shall be required to observe the procedures for opening a payment account as stipulated in this Circular.