Thông tư 46/2014/TT-NHNN

CIRCULAR

ON GUIDELINES FOR NON-CASH PAYMENT SERVICES

Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Law on the Credit Institutions No. 47/2010/QH12 dated June 16, 2010;

Pursuant to the Law on E-transactions No. 51/2005/QH11 dated November 29, 2005;

Pursuant to the Government’s Decree No.101/2012/ND-CP dated November 22, 2012 on non-cash payments;

Pursuant to the Government’s Decree No. 156/2013/ND-CP dated November 11, 2013 defining functions, tasks, entitlements and organizational structure of the State Bank of Vietnam;

At the request of the Director General of Payment Department;

Governor of the State Bank of Vietnam hereby promulgates a Circular on guidelines for non-cash payment services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides for non-cash payment services (hereinafter referred to as “payment services”) provided by non-cash payment service providers, including: one-shot payment through a checking account opened at the State Bank of Vietnam (hereinafter referred to as “State Bank”); payment order execution; collection order execution; money transfer; cash collection and payment services

2. Payment services shall be provided in accordance with regulations of the State Bank:

a) Interbank payment through payment systems organized, managed and operated by the State Bank.

b) Cheque payment and bank card payment through payment service providers.

3. International payment services by payment service providers shall be provided in accordance with regulations of the law on foreign exchange management, international agreements to which the Socialist Republic of Vietnam is a signatory and commercial practices specified in Clause 4, Article 3 of the Law on Credit Institutions, which agreed upon by the parties for application.

Article 2. Regulated entities

1. Payment service providers include:

a) State Bank;

b) Commercial banks, policy banks, cooperative banks, branches of foreign banks (hereinafter referred to as “banks”);

c) People’s credit funds, microfinance institutions.

2. Payment intermediary service providers.

3. Payment service users.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “payment document” means a bank accounting document that serves as a basis for provision of payment services.

2. “electronic payment service” means making, sending and processing of payment orders by electronic means.

3. “payment order execution” means a bank transferring a certain sum of money from the paying party’s checking account to the beneficiary at the request of the sender. The sender and the beneficiary may be the same person.

4. “collection order execution” means a bank transferring a certain sum of money from the paying party’s checking account to the beneficiary at the request of the beneficiary under an agreement between the sender and the beneficiary.

5. “cash collection service” means a payment service provider collecting cash of the sender with authorization given by the beneficiary under an agreement between the payment service provider and the beneficiary.

6. “cash payment service” means a payment service provider paying money to the beneficiary with authorization given by the sender under an agreement between the payment service provider and the sender.

7. “money transfer service” means a payment service provider transferring a certain sum of money to the beneficiary at the request of the sender. The beneficiary and the sender may be the same person. Money transfer services may be provided with or without the client’s checking account.

Article 4. Payment documents

1. The documents used for payment shall be prepared, signed, verified, circulated, managed, used and preserved in accordance with regulations on bank accounting documents and regulations of this Circular.

2. Documents used for payment through the State Bank shall comply with the State Bank's regulations on form, printing, promulgation and use.

3. Documents used for bank payment, people’s credit funds and microfinance institutions shall have their own forms, ensuring conformity with payment procedures applied to each type of service according to this Circular and relevant regulations of law.

4. Information and data included in electronic documents shall be verified in terms of legitimacy and integrity. Documents shall be verified and secured to prevent and avoid unauthorized access and copying.

Article 5. Electronic payment services

Upon provision of electronic payment services, an electronic payment service provider must:

1. comply with regulations on preparation, processing, use, preservation and storage of electronic documents specified in the law on electronic banking transactions.

2. establish payment procedures, including information necessary for inspection, comparison and client identification; satisfy requirements for technical infrastructure; manage risks and ensure safety and confidentiality during provision of electronic payment services in accordance with the State Bank’s regulations on electronic banking.

3. reach an agreement with clients and relevant parties, which shall specify rights and obligations of parties and regulations on settlement of disputes (if any) in accordance with regulations of law.

4. comply with regulations of the Law on Money Laundering Prevention and Control.

Article 6. Foreign exchange management in respect of payment services

1. Payment services related to foreign exchange shall be provided in accordance with regulations of the law on foreign exchange management.

2. The use of foreign currency for payment services by residents and non-residents and use of Vietnamese dong for payment services by residents and non-residents as foreign individuals shall comply with regulations of the law on foreign exchange management.

Chapter II

PAYMENT SERVICES PROVIDED BY PAYMENT SERVICE PROVIDERS

Article 7. One-shot payment through the account opened at the State Bank

1. The organization opening a checking account at the State Bank (the paying party) shall send payment documents to the State Bank to request it to transfer a sum of money from its checking account to the receiving party that opens an account at the state bank unit or transfer money to the receiving party using an appropriate payment system.

2. Payment procedures:

a) Document preparation and delivery

- Regarding the amounts payable to clients of the paying party, the paying party shall prepare and send payment documents (payment order and other payment documents) to the State Bank where the checking account is opened to request it to transfer a certain sum of money from the paying party’s account to pay or transfer it to the receiving party.

- Regarding the amounts payable to clients of the paying party, the paying party shall, according to the client’s documents, compile a list of payment documents concerning payment made via checking account at the State Bank (provided in the Appendix 01 enclosed herewith) and send it, enclosed with the client’s payment documents to the State Bank. Each beneficiary shall have its own list of payment documents. In case the paying party and the receiving party open their checking account in different provinces or cities, the list of payment documents shall specify beneficiary and receiving party’s account number.

b) Document processing and accounting

- Upon receipt of payment documents sent by the paying party, the State Bank shall verify their legitimacy, compare the list of payment documents and enclosed documents in terms of consistency and analyze the paying party’s solvency.

- After the verification, if the documents are invalid, the State Bank shall inform the paying party to adjust them or return them to the paying party. If the paying party is insolvent, the State Bank shall request the paying party to make additional cash deposit into its checking account or return documents to the paying party.

If the documents are valid and the paying party is solvent, the State Bank shall immediately make the payment and proceed as follows:

+ In case the paying party and the receiving party open an account at the state bank unit, the State Bank shall debit the paying party’s checking account and credit the receiving party’s checking account, and then send a Debit Note to the paying party, and a Credit Note enclosed with relevant documents to the receiving party (if any).

+ In case the paying party and the receiving party do not open an account at the state bank unit, the State Bank shall debit the paying party’s checking account and credit the receiving party’s checking account, and then send a Debit Note to the paying party and prepare a payment order through an appropriate payment system  (if any).

- After receipt of the payment order, and document verification and processing according to the payment system, the State Bank shall credit the receiving party’s checking account (or an appropriate account in case the receiving party does not have a checking account at the State Bank) and send a Credit Note to the receiving party.

Article 8. Payment order execution

1. A payment order contains at least:

a) The text “lệnh chi” (“payment order” (or payment order) and order number;

b) Date of payment order;

c) Name, address and checking account number of the sender;

d) Name of the sender’s bank;

dd) Name, address and checking account number of the beneficiary;

e) Name of the beneficiary’s bank;

g) Details of payment;

h) Amount in words and figures;

i) Date of the valid payment order;

k) Signature (handwritten signature in case of physical document and electronic signature in case of electronic document of the account holder or the person authorized by the account holder and signatures of the persons related to the document; seal of the unit (if any).

The bank may specify other contents in the payment order in accordance with its management requirements and operations, and regulations of law.

2. Procedures for executing payment orders:

The bank shall establish and issue internal procedures for executing payment orders in a quick, accurate and safe manner and all of the following steps shall be taken:

a) Payment order preparation and delivery

The sender shall prepare and send a payment order to the sender’s bank (where the checking account is opened) to request it to transfer a certain sum of money from the checking account to the beneficiary. The bank shall instruct clients to prepare and adopt methods of delivering payment order at the bank in accordance with regulations of this Circular and applicable regulations of the State Bank.

b) Payment order verification

Upon receipt of the payment order, the bank shall verify its legitimacy. To be specific:

- Regarding the physical order, it shall be strictly verified in accordance with the State Bank's regulations on bank accounting documents, shall be prepared using the right form and have a sufficient number of copies for accounting and retention. The contents of the order shall be specified in an adequate, clear and accurate manner. The contents of its copies must be matched with other and such copies must bear all signatures and seals (if any) of the client and the bank. The client’s signature and seal (if any) specified in the order must match with the form registered at the bank where the account is opened.

- Regarding the electronic order, the bank must verify contents and technical information of the order (electronic signature and validity of the data originator, data format, order code, etc.) in accordance with regulations on electronic documents.

- The bank must check checking account balance and solvency of the sender.

If the payment order is invalid or solvency is not assured, the bank shall request the sender to adjust it or return it to the sender.

c) Payment order processing and accounting

- At the sender’s bank:

After verification, if the payment order is valid and solvency is assured, the sender’s bank shall proceed as follows:

+ If the beneficiary and the sender have their checking account at the same bank, within 01 working day from the date on which the client’s payment order is received (unless otherwise agreed), the bank shall debit the sender’s checking account and credit the beneficiary’s checking account, and then send a Debit Note to the sender, and a Credit Note to the beneficiary.

+ If the beneficiary does not have a checking account at the sender’s bank, within 01 working day from the date on which the client’s payment order is received (unless otherwise agreed), the bank shall debit the sender's checking account, and then send a Debit Note to the sender, and prepare and send a payment order to the beneficiary’s bank by using an appropriate payment system.

- At the beneficiary’s bank:

After receiving the payment order sent by the sender’s bank, the beneficiary’s bank shall verify it and proceed as follows:

+ If the payment order is valid, within 01 working day from the date on which the payment order is received, the beneficiary’s bank shall credit the beneficiary’s checking account, and then send a Credit Note to the beneficiary.

+ If the payment order contains error, within 01 working day from the date on which the payment order is received, the beneficiary’s bank shall request the sender’s bank to trace it or return it to the sender’s bank.  + Upon receipt of the written response to tracing request, within 01 working day, the beneficiary’s bank shall execute or return the payment order to the sender’s bank.

+ If the beneficiary’s account is closed, within 01 working day from the date on which the payment order is received, the beneficiary’s bank shall return the payment order to the sender’s bank.

- In case the beneficiary does not have a checking account at the bank:

After receipt of the payment order, within 01 working day, the bank shall verify it, credit the beneficiary’s appropriate account and inform the beneficiary. In the case where the beneficiary receives cash:

+ If the beneficiary that is an individual shall, upon receipt of cash, present his/her valid ID or passport or other lawful documents (below collectively referred to as “identity documents”). In case the recipient that is an authorized person shall, in addition to the aforementioned documents, present a power of attorney in accordance with regulations of law. If the beneficiary is an organization, the representative of such organization shall, upon receipt of cash, present proof of his/her representative capacity besides identity documents.

+ Within 15 days since receipt of the payment order, when informed by the bank, if the beneficiary does not show up to receive cash or the bank fails to contact the beneficiary, the bank must prepare and send a refund order to the sender’s bank.

d) The bank shall sufficiently and promptly send the Debit Note or Credit Note to the client in accordance with the agreement between the bank and the client and regulations of law.

Article 9. Collection order execution

1. A collection order consists of:

a) The text “nhờ thu” (“collection order”) and order number;

b) Date of collection order;

c) Name, address and checking account number of the beneficiary;

d) Name of the beneficiary’s bank;

dd) Name, address and checking account number of the sender;

e) Name of the sender’s bank;

g) Contract number (or order form or agreement) as the basis for collection, number of enclosed documents;

h) Details of payment;

i) Amount in words and figures;

k) Date on which the sender’s bank makes the payment;

l) Date on which the beneficiary’s bank receives the payment;

m) Signature (handwritten signature in case of physical document and electronic signature in case of electronic document of the account owner or the person authorized by the account owner and signatures of the persons related to the document; seal of the unit (if any).

The bank may specify other contents in the collection order in accordance with its management requirements and operations, and regulations of law.

2. Procedures for executing collection orders:

The bank shall establish and issue internal procedures for executing collection orders in a quick, accurate and safe manner and all of the following steps shall be taken:

a) Collection order preparation and delivery

The beneficiary shall prepare a collection order enclosed with the collection agreement between the sender and the beneficiary and other documents (if any) and send them to the beneficiary’s bank or the sender’s bank. The bank shall instruct clients to prepare and adopt the methods of delivering documents in accordance with regulations of this Circular and applicable regulations of the State Bank.

b) Verify the collection order

- At the beneficiary’s bank, upon receipt of the collection order and enclosed documents of the client, the bank shall strictly verify its legitimacy in accordance with regulations on bank accounting documents. If the collection order is invalid, the bank shall request the client to adjust it or return it to the client.

- At the sender’s bank, upon receipt of the documents concerning collection order execution, the bank shall verify legitimacy of the collection order, and check the checking account balance and solvency of the sender.

If the collection order contains error, within 01 working day from the date on which the collection order is received, the sender’s bank shall request the sender’s bank to trace it or return it to the beneficiary’s bank or the beneficiary.

If the sender’s account is closed, within 01 working day from the date on which the collection order is received, the sender’s bank shall return it to the beneficiary’s bank or the beneficiary.

c) Collection order processing and accounting

- In case the sender has a checking account at the beneficiary’s bank:

After verification of the collection order, the bank shall inspect the collection order execution agreement between the sender and the beneficiary and proceed as follows:

+ In case the sender has authorized the bank to automatically debit the paying party’s checking account to execute the collection order:

+ If the sender is insolvent, within 01 working day from the date on which the collection order is received, the bank shall debit the sender’s checking account and credit the beneficiary’s checking account, and then send a Debit Note to the sender, and a Credit Note to the beneficiary.

If the sender is insolvent, within 01 working day from the date on which the collection order is received, the bank shall inform the sender and the beneficiary, and return the collection order to the beneficiary (if requested by the beneficiary) or continue to retain the collection order until the sender is solvent and follow the abovementioned instructions.

+ In case the sender has not yet authorized the bank to automatically debit the sender’s checking account to execute the collection order, the bank shall inform the sender of the collection order.

+ If the sender approves the authorization for a debit to the checking account, within 01 working day from the date on which the sender’s authorization for a debit is obtained, the bank shall debit the sender’s checking account and credit the beneficiary’s checking account, and then send a Debit Note to the sender, and a Credit Note to the beneficiary.

If the sender does not approve the authorization for a debit, the bank shall immediately inform and return the collection order to the beneficiary.

+ The methods of giving the authorization for a debit shall be decided by the bank in accordance with regulations of the law on authorization.

- In case the sender does not have a checking account at the beneficiary’s bank:

+ After verification of the legitimacy of the collection order, the beneficiary’s bank shall adopt an appropriate method for supervising the processed order and within 01 working day from the date on which the collection order is received, send it to the sender’s bank.

+ After receipt of the collection order and enclosed documents (if any) sent by the beneficiary’s bank or the beneficiary and after verification of the legitimacy of the collection order, the sender’s bank shall inspect the agreement on authorization for a debit to the checking account and then debit the sender’s checking account as if the sender has a checking account at the beneficiary’s bank, and prepare and send a payment order to the beneficiary’s bank by using an appropriate payment system.

+ Upon receipt of the payment order sent by the sender’s bank, within 01 working day, the beneficiary’s bank shall, according to the payment order, credit the beneficiary’s appropriate account and send a Credit Note to the beneficiary.

d) The bank shall sufficiently and promptly send the Debit Note or Credit Note to the client in accordance with the agreement between the bank and the client and regulations of law.

Article 10. Cash collection and payment services

1. In order to provide cash collection services, the beneficiary must provide the payment service provider with relevant necessary documents so that it can provide cash collection services under an agreement between the payment service provider and the beneficiary and in accordance with relevant regulations of law.

2. Regarding payment services, the payment service provider shall comply with the sender’s request specified in the agreement between the payment service provider and the sender and in accordance with relevant regulations of law.

3. The payment service provider shall establish and issue internal procedures for provision of cash collection and payment services for clients in accordance with relevant regulations of law.

Article 11. Money transfer services

1. Procedures for providing money transfer services through the client’s checking account are the same as those for providing payment services.

2. Procedures for providing money transfer services without the client’s checking account:

The bank shall establish and issue internal procedures for providing money transfer services without the client’s checking account in a quick, accurate and safe manner and all of the following steps shall be taken:

a) Cash deposit slip preparation and verification:

When a client wishes to transfer cash, the bank shall instruct the client to prepare a cash deposit slip, specifying necessary information of the sender and the beneficiary: full names, ID card/passport number or information necessary for verification of other legal identity documents, phone number, contact address, signature (of the sender) and other information.

- If the sender that is an individual must present his/her identity documents upon transfer of money. The sender that is an authorized person must, in addition to the identity documents, present a power of attorney in accordance with regulations of law. The sender that represents an organization shall, upon transfer of money, present proof of his/her representative capacity besides identity documents.

- After receipt of the client’s cash deposit slip, the bank shall verify the slip, count the cash and transfer it in accordance with regulations.

b) Cash deposit slip processing and accounting

- At the sender’s bank, after verification of legitimacy of the cash deposit slip:

+ In case the beneficiary opens a checking account at the sender’s bank, within 01 working day from the date on which the client completes deposit procedures, the bank shall debit the sender's appropriate checking account and send a Credit Note to the beneficiary.

+ In case the beneficiary opens a checking account at another bank, within 01 working day from the date on which the client completes deposit procedures, the bank shall debit the sender's appropriate checking account, prepare and send a payment order to the beneficiary’s bank by using an appropriate payment system.

- At the beneficiary’s bank:

After receiving the payment order, the beneficiary’s bank shall verify it and proceed as follows:

+ If the payment order is valid, within 01 working day from the date on which the payment order is received, the beneficiary’s bank shall credit the beneficiary’s checking account, and then send a Credit Note to the beneficiary.

+ If the payment order contains error, within 01 working day from the date on which the payment order is received, the beneficiary’s bank shall cooperate with the sender’s bank in tracing the form in accordance with regulations of law.  Upon receipt of the written response to tracing request, within 01 working day, the beneficiary’s bank shall execute or return the payment order to the sender’s bank.

+ If the beneficiary’s account is closed, within 01 working day from the date on which the payment order is received, the beneficiary’s bank shall return the payment order to the sender’s bank.

+ In case the beneficiary does not have a checking account at the bank, after receipt of the payment order, within 01 working day, the bank shall verify it, credit the beneficiary’s appropriate account and inform the beneficiary. In the case where the beneficiary receives cash:

If the beneficiary that is an individual must present his/her identity documents upon receipt of cash. The recipient that is an authorized person must, in addition to the identity documents, present a power of attorney in accordance with regulations of law. If the beneficiary is an organization, the representative of such organization shall, upon receipt of cash, present proof of his/her representative capacity besides identity documents.

Within 30 days since receipt of the payment order, when informed by the beneficiary’s bank, if the beneficiary does not show up to receive cash or the beneficiary’s bank fails to contact the beneficiary, the beneficiary’s bank must prepare and send a refund order to the sender’s bank.

- The bank shall promptly send the Credit Note to the client opening an account at the bank in accordance with the agreement between the bank and the client and in accordance with regulations of law.

Article 12. Payment services provided through people’s credit funds or microfinance institutions.

1. The people’s credit funds shall provide payment services without the checking account for its members. The microfinance institution shall provide payment services without the checking account for microfinance clients.

2. The people’s credit funds and microfinance institutions shall establish and issue internal procedures for providing money transfer, cash collection and payment services without the checking account as prescribed in Article 10 and Clause 2 Article 11 of this Circular.

Chapter III

RIGHTS AND OBLIGATIONS OF PARTIES INVOLVED IN PAYMENT SERVICES

Article 13. Rights of payment service users

A payment service user is entitled to:

1. choose to use payment services provided by a payment service provider.

2. reach an agreement with the payment services provider about rights and obligations upon use of payment services in accordance with regulations of law.

3. request the payment service provider to provide information about provision of payment services under the agreement with such payment service provider.

4. file complaints and request the payment service provider to grant compensation if the payment service provider fails to execute the payment orders on schedule, fails to execute or correctly execute the payment order, or charges fees against the agreement.

5. Other rights prescribed by law.

Article 14. Obligations of payment service users

1. Comply with requirements and procedures for payment services specified in this Circular and agreement between payment service user and payment service provider in accordance with regulations of law.

2. Refund or cooperate with the payment service provider in refunding mistaken or excess sum of money transferred by the payment service provider (including human errors or technical errors in the system of the payment service provider).

3. Be responsible to law for accuracy and truthfulness of information and payment documents.

4. Secure account information and transactions under their management to ensure security of payment transactions, promptly inform payment service providers if errors in payment transactions are found or it is suspected that payment information is illegally used.

5. Not use payment services for the purposes of money laundering, terrorism financing, fraud or other violations.

6. Other obligations prescribed by law.

Article 15. Rights of payment service providers

A payment service provider is entitled to:

1. request payment service users to sufficiently provide relevant and fulfill obligations specified in the agreement in accordance with regulations of law during their use of payment services.

2. refuse to provide payment services for the payment service user in the following cases:

a) The payment service user fails to comply with all requirements for payment services specified in this Circular or violate the agreements between the payment service provider and payment service user;

b) The refusal is requested in writing by a competent authority’s written request or there is proof of payment transactions carried out for the purposes of money laundering or terrorism financing.

3. request the payment service user to refund mistaken or excess sum of money transferred by the payment service provider (including human errors or technical errors in the system of the payment service provider).

4. collect fees for provision of payment services in accordance with regulations of law.

5. Other rights prescribed by law.

Article 16. Obligations of payment service providers

1. Inform and instruct clients to use payment services; promptly respond to queries or settle complaints of users within their competence.

2. Carry out payment transactions in a prompt, safe and accurate under the agreement with users and make fees for payment services publicly available.

3. Take responsibility for promptly rectifying mistakes and errors in execution of the payment order of the payment service user, cooperating with relevant payment service providers in recovering mistaken or excess sum of transferred money in accordance with regulations of law.

4. Comply with regulations of the law on electronic transactions and assurance of security and risk management in banking.

5. Inform and warn clients of risks in use of payment services and adhere to the agreement with the payment service provider; instruct payment service users to secure account information, other identification factors and electronic means used for payment to prevent exploitation and fraud.

6. Take measures for client identification; verify, detect and report high value transactions, electronic funds transfer and suspicious transactions to the competent authority in accordance with regulations of the Law on Money Laundering Prevention and Control and relevant regulations of law.

7. Compensate for damage caused themselves in accordance with regulations of law.

8. Cooperate with each other in promptly handling tracing requests during execution of payment and collection orders. Within 01 working day, the party that receives the tracing request shall send a written response to tracing request.

9. Other obligations prescribed by law.

Article 17. Obligations of payment service providers when cooperating with payment intermediary service providers

1. When cooperating with a payment intermediary service provider in providing payment services, the payment service provider shall make an agreement or contract with parties, specifying parties’ obligations to secure customer and payment transaction information and compensate for disclosure of such information.

2. A bank shall only sign a cooperation contract with a payment intermediary service provider licensed to provide payment intermediary services by the State Bank in providing payment services, and in verifying and comparing data, authenticating transactions and customer information, and taking security measures during payment and fulfilling other obligations in accordance with the State Bank's regulations on payment intermediary services.

Chapter IV

IMPLEMENTATION CLAUSE

Article 18. Effect

1. This Circular comes into force from March 01, 2015.

2. This Circular replaces the Decision No. 226/2002/QĐ-NHNN dated March 26, 2002 of the Governor of the State Bank promulgating regulations on payment made by intermediary service providers and Decision No. 1092/2002/QĐ-NHNN dated October 08, 2002 of the Governor of the State Bank promulgating regulations on procedures for payment made by payment service providers.

Article 19. Implementation

1. The Payment Department shall supervise, inspect and cooperate with relevant units in resolving difficulties that arise during implementation of this Circular.

2. The Central Banking Inspection and Supervision Authority and the State Bank of provinces shall inspect and supervise the compliance with regulations of this Circular and take actions against violations within their power.

3. Payment service providers shall, according to regulations of this Circular, establish internal procedures for providing non-cash payment services and send them to the State Bank (Payment Department) after issuance.

4. Chief of Office, General Director of Payment Department, Chief Inspector and heads of affiliates of the State Bank, State Bank of provinces, President of Board of Directors (Board of Members), and General Directors (Directors) of payment service providers are responsible for implementation of this Circular.

APPENDIX 01

Provider…

No. ….

List of documents concerning payment made via checking account at the State Bank

…date…

Sender’s payment service provider..........................................................................

Account number...................................................................................................................

At the State Bank of............................................................................................

Beneficiary’s payment service provider....................................................................

Account number...................................................................................................................

At the State Bank of............................................................................................

Amount in words:……………………………………………………………………