Thông tư 23/2011/TT-NHNN

CIRCULAR

ON IMPLEMENTING THE SCHEME OF ADMINISTRATIVE PROCEDURE SIMPLIFICATION IN PAYMENT ACTIVITY AND OTHER AREAS UNDER THE RESOLUTION OF THE GOVERNMENT ON THE SIMPLIFICATION OF ADMINISTRATIVE PROCEDURES WITHIN THE JURISDICTION OF THE STATE BANK OF VIETNAM

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

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

- Pursuant to the Decree No. 96/2008/ND-CP dated 26 August 2008 of the Government providing for the functions, duties, authorities and organizational structure of the State Bank of Vietnam;

- Pursuant to the Resolution No. 60/NQ-CP dated 17 December 2010 of the Government on the simplification of administrative procedures within the jurisdiction of the State Bank of Vietnam,

The State Bank of Vietnam (hereinafter shortly referred to as the State Bank) hereby announces to amend, supplement, replace or abolish some provisions at legal documents issued by the State Bank for the implementation of the scheme of administrative procedure simplification in payment activity and other areas as follows:

Article 1. To amend, supplement Article 6 of the Regulation on the grant, use and management of bank card issuer’s code issued in conjunction with the Decision No.38/2007/QD-NHNN dated 30 October 2007 of the Governor of the State Bank for implementing the scheme of simplification as mentioned in Paragraph 85 Section III Part A of the Resolution No. 60/NQ-CP as follows:

"Article 6. Procedures of granting BIN code

1. Upon having a demand for granting BIN code, the card issuer shall, directly or via post service, send 01 Application for BIN code in line with the Form No. 01 enclosed with this Regulation to the State Bank (Payment Department);

2. Within a period of 05 working days since the receipt of the valid Application, the State Bank of Vietnam shall proceed with the grant of BIN code to the card issuer.".

Article 2. To amend, supplement the Regulation on supply and use of cheques issued in conjunction with the Decision No. 30/2006/QD-NHNN dated 11 July 2006 of the Governor of the State Bank for implementing the scheme of simplification as mentioned in Paragraph 86 Section III Part A of the Resolution No. 60/NQ-CP as follows:

1. To amend, supplement Paragraph 1 Article 6 as follows:

"1. Before printing blank cheques in line with the new sample, cheque suppliers shall, directly or via post service, submit 01 set of application file to the State Bank of Vietnam (Payment Department). This application file for blank cheque sample shall include:

- A written registration for blank cheque sample in line with the Appendix No. 01.DGH issued in conjunction with this Circular; enclosing with design of measurement, colour, details of the bank cheque;

- A certified copy of the Operation License of the cheque supplier (for the case of first time registration) or a duplicate for the case of second time registration upward.".

2. To supplement the Appendix No. 01.DGH enclosed with this Circular to the Regulation on supply and use of cheques issued in conjunction with the Decision No.30/2006/QD-NHNN dated 11 July 2006 of the Governor of the State Bank.

Article 3. To amend, supplement the Regulation on the issuance, payment, use and supply of support services to bankcard activity issued in conjunction with the Decision No. 20/2007/QD-NHNN dated 15 May 2007 of the Governor of the State Bank for implementing the scheme of simplification as mentioned in Paragraph 87 Section III Part A of the Resolution No. 60/NQ-CP as follows:

1. To modify the title of Article 9:

"Article 9. Conditions and procedures of registration for card issuance".

2. To supplement Article 9 with Paragraph 4:

"4. Procedures of registration for types of bankcards

a. Upon issuing new types of bankcards, the card issuer shall, directly or via post service, send 01 application file to the State Bank (Payment Department), at the same time, a soft copy of the Registration for bankcard shall be sent via Internet. This application file for bankcard shall include:

- A registration for the bankcard (using Unicode font) (in line with the form at the Appendix No. 02.DGH enclosed with this Circular); and an electronic file that fully reflects details as stated in the Registration for the bankcard in writing (the electronic file shall be submitted by a floppy disk or via internet to the address: [email protected]);

- Card sample in kind;

- A copy of the Contract on association with suppliers of support services to bankcard activity and related documents (if any), agreements of joining international card institutions.

b. The State Bank (Payment Department) shall be responsible for reviewing the application files for bankcards. In the event where any file is defective or invalid, the officer directly in charge of the file shall instruct the card issuer to supplement or resubmit a valid one.

c. Within a period of 05 working days since the receipt of a full application file in accordance with applicable provisions, the State Bank (Payment Department) shall provide its opinion in writing confirming the card registration for the card issuer.".

3. To supplement the Regulation on the issuance, payment, use and supply of support services to bankcard activity issued in conjunction with the Decision No. 20/2007/QD-NHNN dated 15 May 2007 of the Governor of the State Bank with the Appendix No.02.DGH enclosed with this Circular.

Article 4. To amend, supplement the Regulation on the opening and use of deposit accounts at the State Bank and credit institutions issued in conjunction with the Decision No. 1284/2002/QD-NHNN2 dated 21 November 2002 of the Governor of the State Bank for implementing the scheme of simplification as mentioned in Paragraph 88 Section III Part A of the Resolution No. 60/NQ-CP as follows:

1. To amend, supplement Paragraph 1 Article 2:

"Article 2. Subjects which are entitled to open payment deposit account

1. The State Bank shall open payment deposit accounts for State Treasuries, credit institutions and foreign bank's branches, in which:

a. The State Bank (Banking Operation Department) shall open payment deposit accounts for the Central State Treasury, Head office of credit institutions, Payment centers, branches of credit institutions that are authorized to perform payment in the Inter-bank electronic payment system and foreign bank's branches.

b. State Bank's branches in provinces, cities shall open payment deposit accounts for State Treasuries, credit institutions and foreign bank's branches in the local area; in case of opening an account in another location, it is required to obtain a written approval of the State Bank.".

2. To supplement Article 4 with following contents:

"5. Application file for opening a payment deposit account at the State Bank

For opening a payment deposit account at the State Bank, State Treasuries, credit institutions and foreign bank's branches having a demand for opening account shall, directly or via post service, send 01 application file to the State Bank (Banking Operation Department) or State Bank's branch in province, city where the account is opened, including following documents:

a. An Application for opening a payment account signed and sealed by the legal representative of the State Treasury, credit institution, General Director (Director) of foreign bank's branch, enclosing with a written registration for seal sample, signature sample (in line with the form at the Appendix No. 03a.DGH, 03b.DGH enclosed with this Circular).

b. The original or a certified copy of the documents proving that the State Treasury, credit institution and foreign bank's branch is established in accordance with provisions of applicable laws:

- Establishment Decision, Establishment and Operation License, Business Registration Certificate.

- Decision on appointment of the General Director (Director) or Chairman of Board of Directors (account holder) and Identity card (Diplomatic Identity card, Passport) of the account holder.

- Decision on appointment and Identity card (Diplomatic Identity card, Passport) of the Chief Accountant, the person in charge of accounting or the person who controls documents of payment transactions with the State Bank.

c. For the case of opening payment account in another location, in addition to documents as stipulated in point a and point b Paragraph 1 of this Article, State Treasuries, credit institutions, foreign bank's branches shall be required to submit the State Bank a commitment on the full compliance with provisions of the State Bank on opening and use of payment account; a document regulating the scope of using payment account in another location and other applicable provisions when taking part in the inter-bank electronic payment".

3. To supplement the Regulation the on the opening and use of deposit accounts at the State Bank and credit institutions issued in conjunction with the Decision No.1284/2002/QD-NHNN2 dated 21 November 2002 of the Governor of the State Bank with Appendixes No. 03a.DGH, 03b.DGH issued in conjunction with this Circular.

Article 5. To amend, supplement Section I Part II of the Process on inter-bank electronic clearing operation issued in conjunction with the Decision No.457/2003/QD-NHNN dated 12 May 2003 of the Governor of the State Bank for implementing the scheme of simplification as mentioned in Paragraph 92 Section III Part A of the Resolution No. 60/NQ-CP as follows:

"I. Conditions, standards of a member bank participating in inter-bank electronic payment and procedures of applying for participation in electronic clearing payment.

Article 8. Conditions, standards of a member bank participating in inter-bank electronic payment and procedures of applying for participation in electronic clearing payment

1. For becoming a member of Inter-bank electronic payment, a Bank shall be required to fully satisfy following conditions and standards:

a. Compulsory conditions:

- A Decision on Establishment, Establishment and Operation License, Business Registration Certificate and permission of engaging in payment services.

- A payment deposit account has already been opened at the Banking Operation Department of the State Bank and solvency is regularly maintained.

- To have a good history of compliance with regimes and disciplines of non-cash payment, regimes on documents and on accounting.

- To have a commitment on serious and full compliance with regulations, provisions relating to Inter-bank electronic payment issued by the State Bank, including:

+ Regulation on electronic money transfer

+ Regulation on electronic clearing payment

+ Regulation on information transmission and information data processing

+ Regulation on the preparation, transfer and preservation of documents

+ Regulation on accounting in Bank units

+ Regulation on Bank code, documents, foreign currencies

+ Regulation on paying the fee of payment service. b. Necessary standards:

- To have qualified technical equipment for performing inter-bank electronic payment:

+ The availability of informatics machineries, devices for performing and processing payment operations that are performed by the Bank.

+ The availability of appropriate and compatible software for the connection of Inter- bank electronic payment software, including the connection to Inter-bank electronic payment network and security measures for assets.

+ The availability of qualified information technology facilities as required by the State Bank and the satisfaction of requirements on inter-bank electronic payment and internal payment in the same bank.

- Inter-bank electronic payment operations (cheque payment, money transfer among banks, clearing payment…) have arisen with volume of inter-bank (different banks) electronic payment transactions to be at least 30 items/day.

- A commitment on issuance of guiding documents and directing the underlying units to comply with provisions of the State Bank.

- A commitment on implementation of credit discipline for any case of capital deficiency in payment under the market mechanism (interest rate higher than the market) when borrowing in the inter-bank market, borrowing from commercial banks or borrowing from the State Bank.

- The staffs have good qualification for performing accounting, payment operations, who are required to:

+ Have a thorough grasp of banking accounting,

+ Be good at payment operations,

+ Be able to process technical and payment operations on computer.

- The availability of processes on accounting, transfer, handling, preservation of accounting documents in accordance with provisions of the State Bank.

2. Procedures of applying for participation in electronic clearing payment

a. Upon having a demand for participating in inter-bank electronic clearing payment, the Banks shall, directly or via post service, 01 Application for participation in electronic clearing payment (in line with the Appendix No. 13) to the Head office of State Bank's branch in province, city where the bank applying to participate in electronic clearing payment opens its account (hereinafter referred to as the head bank). Within a period of 07 working days since the receipt of a full file in accordance with applicable provisions, the head bank shall be responsible for handling the request of the banks.

b. After obtaining the written approval from the head bank, under which the bank is recognized as a member bank of Inter-bank electronic clearing payment, Director of the member bank shall directly send a dispatch to the head bank to apply for the grant of electronic signature and security key to its officer (Director or an authorized person, Chief of Accounting division or an authorized person, clearing payment accountant), who takes part in the technical process of electronic clearing payment, which specifies the duty, responsibility of each officer who are recommended to perform activities in electronic clearing payment.

Each staff of the member bank, who is recommended to participate in technical processes of Inter-bank electronic clearing payment, depending on the function, duty of each officer, shall be provided with electronic signature and security key by the head bank (in accordance with provisions in Article 9 of the Regulation on Inter-bank electronic clearing payment).

c. The head bank shall be responsible for communicating the list of member banks newly participating in the electronic clearing payment to the related member banks for information before 07 days in order to prepare for the electronic clearing payment transaction.

d. Authorized member banks (as stated in Paragraph 2 Article 2 of the Regulation on Inter-bank electronic clearing payment) shall be responsible for communicating the list of their authorized member banks to the head bank and other member banks for information for the performance of the electronic clearing payment transaction".

Article 6. To amend, supplement several articles of the Circular No. 23/2010/TT-NHNN dated 09 November 2010 providing for the management, operation and use of Inter-bank electronic payment system for implementing the scheme of simplification as mentioned in Paragraph 90 Section III Part A of the Resolution No.60/NQ-CP as follows:

1. To amend, supplement Paragraphs 2 and 3 in Article 45:

"2. A member who has a demand for participating in low value payment service shall be required to submit an application file to the Executive Committee, including:

- A registration for using low value payment service (Form TTLNH-01);

- A written confirmation of the Operation Department confirming that the net debt limit has been set up.

3. A member who has a demand for participating in Debit payment service shall be required to submit an application file to the Executive Committee, including:

- A registration for using low value payment service (Form TTLNH-01);

- An advanced authorization contract about the Debit payment among the members. This contract shall have following contents:

+ Daily maximum limit for Debit payment among the members;

+ Maximum limit of a Debit payment order without debt confirmation;

+ Effective period of the contract.".

2. The Appendix No. 04.DGH attached to this Circular shall replace the Form TTLNH-01 attached to the Circular No. 23/2010/TT-NHNN dated 09 November 2010.

Article 7. To amend, supplement the Regulation on bank codes system used in banking operations issued in conjunction with the Decision No. 23/2007/QD-NHNN dated 05 June 2007 of the Governor of the State Bank for implementing the scheme of simplification as mentioned in Paragraphs 93, 94 and 95 Section III Part A of the Resolution No. 60/NQ-CP as follows:

1. To amend, supplement Paragraph 2 Article 9 for implementing the scheme of simplification as mentioned in Paragraphs 93 and 94 Section III Part A of the Resolution No. 60/NQ-CP:

"2. Within a period of 10 working days since the time when the granted subject is newly established or experiences changes which require the cancellation of the banking code, the person who is assigned to manage the banking information shall prepare a written application for the new issuance or cancellation of the banking code and send, directly or via post service, to the State Bank (Informatics Technology Department) enclosed with a file set of the subject to be granted with the banking code, including:

a. A decision of the agency in charge on the establishment, integration, merger, splitting, separation, transformation of operation model or dissolution, termination of operation;

b. A decision of the State Bank on the new establishment; a written approval of the State Bank to the integration, merger, splitting, separation, acquisition, transformation of operation model or dissolution, termination of operation (for the organizations within the management of the State Bank);

c. A decision on the declaration of bankruptcy issued by the court in the event where the organization is forced to declare bankruptcy.".

2. To amend, supplement Paragraph 2 Article 10 for implementing the scheme of simplification as mentioned in Paragraph 95 Section III Part A of the Resolution No.60/NQ-CP:

"2. Within a period of 05 working days since the time where the granted subject experiences the changes in banking information, the individual, who, or organization, which is assigned to manage the banking information as provided for in Article 7 and Article 8 of this Regulation, shall prepare a written application for the changes in banking information and send, directly or via post service, to the State Bank (Informatics Technology Department) or send via the Bank code management application on the page of bank code information on the website of the State Bank.".

Article 8. Implementation provisions

This Circular shall be effective from 14 October 2011.

Article 9. Implementation organization

Director of Administrative Department, Head of related units of the State Bank, Managers of State Bank’s branches in provinces, cities under the central Government’s management, Chairman of Board of Directors (Board of Members) and General Director (Director) of credit institutions and other related organizations, individuals shall be responsible for organizing the implementation of this Circular.

APPENDIX NO. 01.DGH

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------------------------

…., date ………..

REGISTRATION FOR BLANK CHEQUE SAMPLE

To: Payment Department - State Bank of Vietnam

- Pursuant to the Law on assignment instruments No. 49/2005/QH11 dated 29 November 2005;

- Pursuant to the Decision No. 30/2006/QD-NHNN dated 11 July 2006 of the Governor of the State Bank on the issuance of the Regulation on the supply and use of cheques;

- Based on the Establishment and Operation License of the credit institution/Banking Operation License No… dated …..

- Name of the cheque supplier: …………………………………………………………..

- Address of Head office: …….…………………………………………………………..

- Telephone: …………………………… Fax: …………………………………………..

- (Name of the cheque supplier) would like to register for blank cheque sample with contents in accordance with provisions in Article 58 of the Law on assignment instruments; specifically, the designed size and colour shall be as follows:

- Size: ………………………….…………………………………………………………..

- Colour: ……………………….…………………………………………………………..

Upon your approval to the blank cheque sample, we undertake to seriously implement provisions on the supply and use of cheques.

APPENDIX NO. 02.DGH

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------------------

…., date ………..

REGISTRATION FOR THE BANKCARD

To: Payment Department - State Bank of Vietnam

Name of the unit registering for card issuance:

- In Vietnamese:

- In foreign language:

- Abbreviated name: Address of the head office:

Telephone:                                                           Fax:

In accordance with Point c Paragraph 2 Article 9 of the Regulation on issuance, payment, use and supply of support services to bankcard activity issued in conjunction with the Decision No. 20/2007/QD-NHNN dated 15 May 2007 of the Governor of the State Bank,

we would like to register for the types of cards to be issued as follows:

1. Information on the cards to be issued:

2. Image of the front page and back of the card (please to scan the card sample as the following example)

APPENDIX NO. 03A.DGH

APPLICATION FOR OPENING A PAYMENT ACCOUNT

(Type of account ………..)

To:

Name of the organization applying for account opening:

- Full name in Vietnamese:

- Full name in foreign language:

- Trading name:

Full name of the account holder:

Number of Identity card (Diplomatic Identity card, Passport):

Date of issue:                                                      Place of issue:

Would like to request ………………... to open an account …………………… for us.

We undertake to take responsibility for the accuracy, truthfulness of the enclosed file and to strictly implement provisions on opening and use of account at the State Bank.

APPROVAL OF THE STATE BANK

After verifying and determining that the Application file for opening account of ……… is valid, the State Bank ………… decides to open the account number: …………….. for: …………………….

Date of commencing activity: ………………………

APPENDIX NO. 03B.DGH

REGISTRATION FOR SEAL SAMPLE, SIGNATURE SAMPLE

(Enclosed to the Application for opening account dated … of Bank ……)

Account code:

Account number: ………………………………………………………………….. ……..

Name of account: ………………………………………………………………….. ……..

Name of the unit: ………………………………………………………………….. ……..

Address: ……………..…………………………………………………………………….

Telephone: ……………..…………………………………………………………………..

Name of account holder: …………………………………………………………………..

Number of Identity card (Diplomatic Identity card, Passport):

Date of issue: ……………… Place of issue: ……………………………………………..

Number of the Decision on appointment of account holder: ………………. Date: ……

Account opening place: …………………………………………………………………..

- It is required to provide samples of seal and signature on the Table of signature sample at the back of this document to all documents in transaction with the SBV with regard to the accounts stated above:

- Cheques, orders of cash withdrawal or debit on such accounts shall only be valid when they are supported with both signatures as follows: One first signature and One second signature.

- A person who provides signature at the second sample shall not be authorized to provide signature at the first sample.

- 04 Registrations for seal sample, signature sample of …. (name of the Organization that opens account) shall be submitted to the State Bank.

- It has received … registration(s) for signature sample, seal sample of ……….

- This registration for signature sample, seal sample shall be valid for use from ….

- Upon any change in the registration for signature sample, seal sample, the Bank … shall be required to send a dispatch to the SBV enclosing with related documents in accordance with provisions of the SBV on change of information in the File for opening account.

TABLE OF SIGNATURE SAMPLES AND SEAL SAMPLES OF THE ACCOUNT OPENING ORGANIZATION

New registration                         Supplement                                      (To mark  in the selected box)

SEAL SAMPLES

Note:

- To affix the seal on the margin of each consecutive page if the table of signature samples and seal samples have more than 1 page.

- Form No. 03b.DGH shall also be applicable to the case of supplemental registration when there is some change in the personnel.

APPENDIX NO. 04.DGH

APPLICATION FOR PARTICIPATION IN/ADJUSTMENT OF THE IBEP SYSTEM SERVICE

To: The State Bank of Vietnam

A. GENERAL INFORMATION

Name of the unit:                                                   Code of the unit(1): Address:

Telephone:                                                 Fax: Deposit account opened at the SBV:

Head of contact: (name of officer, phone number, email)

B. PROPOSALS

After studying and agreeing with provisions in the Regulation on technical operations, Regulation on operation and other related Regulations of the Inter-bank electronic payment system (IBEP), we would like to propose the State Bank to supply/adjust some services for (name of the unit) ……… as follows:

(To mark  in the Application for participation box or Adjustment box)

1. Introduction of officers who are competent to approve payment orders and communications on the IBEP system (Enclosed with a document applying for the issuance of digital deed and application the issuance of digital deed(2)):

2. Registered payment services

3. Network connection

3.1. Connection status

3.2. Method of connection

Connection via broadband metropolitan network service (MetroNet) Connection via leased line services (Leased-Line)

Connection via virtual private network service (MegaWan) Connection via dial-up service (Dial-up)

Other (please specify):

Note:

- (1) In accordance with the Decision No. 23/2007/QD-NHNN dated 05 June 2007 of the Governor of the State Bank.

- (2) Form No. 1, Decision No. 04/2008/QD-NHNN dated 21 February 2008 of the Governor of the State Bank.

- (3) Enclosed with conditions in Article 45 of this Circular.