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THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No.
1498/2005/QD-NHNN
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Hanoi,
October 13, 2005
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DECISION
ON THE ISSUANCE OF THE ONE-DOOR TRANSACTION REGULATION
APPLICABLE TO CREDIT INSTITUTIONS
THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the
State Bank of Vietnam No. 01/1997/QH10 dated 12/12/1997 and the Law on the amendment,
supplement of several articles of the Law on the State Bank of Vietnam No.
10/2003/QH11 dated 17/62003;
- Pursuant to the Law on Credit Institutions No. 02/1997/QH10 dated 12/12/1997
and the Law on the amendment, supplement of several articles of the Law on
Credit Institutions No. 20/2004/QH11 dated 15/62004;
- Pursuant to the Decree No. 52/2003/ND-CP dated 19/5/2003 of the Government
providing for the function, assignment, authority and organizational structure
of the State Bank of Vietnam;
- Upon the proposal of the Director of the Finance Accounting Department
DECIDES:
Article 1.
To issue in conjunction with this Decision the one-door
transaction Regulation applicable to credit institutions
Article 2.
This Decision shall be effective after 15 days since its
publication in the Official Gazette.
Article 3.
The Director of the Administrative Department, the
Director of the Finance- Accounting Department, Heads of units of the State
Bank of Vietnam, the General Managers of the State Banks branches in provinces,
cities under the central Governments management, the Chairperson of the Board
of Directors and General Directors (Directors) of credit institutions shall be
responsible for the implementation of this Decision
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FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Vu Thi Lien
THE ONE DOOR TRANSACTION REGULATION APPLICABLE TO CREDIT
INSTITUTIONS
(Issued
in conjunction with the Decision No. 1498/2005/QD-NHNN dated 13 October 2005 of
the Governor of the State Bank of Vietnam)
Chapter I
GENERAL PROVISIONS
Article 1.
Subjects of application and governing scope
1. Subjects of application:
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2. Governing scope:
The one door transaction
Regulation shall govern the following transactions:
a. Transaction of cash collection
payment: including the receipt, payment of deposits from deposit accounts,
savings account, bills of exchange, bonds, deposit certificates and other
transactions of cash collection and payment.
b. Transaction of payment, money
transfer: Payment via the payment account, issue of cheques, bank cards; money
transfer, trading and exchange of foreign currencies, traveler cheques; and
other payment transactions.
c. Other transactions: to be
applicable depending on the extent of the performance of the one-door
transaction by credit institutions, on the principle of complying with
provisions and content of the operation procedure which are related to that
type of transaction.
Article 2.
Interpretation
In this Regulation, the
following terms shall be construed as follows:
1. One-door transaction is a
mode of providing services by a credit institution to customers where customers
need to perform transactions with only one transactor of the credit institution
and receive the result from that transactor.
2. Transactor is an officer, an
employee of a credit institution who directly engages in transactions with
customers, takes responsibility for receiving and dealing with customers
requirements within the scope of his competence on the preparation, control
over and approval of transaction documents.
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4. Transaction limit is the
maximal value of a transaction, which a transactor is permitted to perform
without the approval of the controller. Each type of transaction has different
limits.
5. Limit of cash balance is the
maximal cash balance a transactor is permitted to maintain at any time on a
transaction day.
6. Treasury division is the
treasury division of a credit institution which is responsible for organizing
the collection, payment of cash, valuable papers; delivery and receipt of other
assets in respect of transactors and customers (for cash transactions which
exceed the limit of a transactor)
7. Transaction counter is a
place where the transactor carries out transactions with customers.
Article 3.
General principles in one door transaction
Credit institutions shall perform
the one door transactions on the basis of following principles:
1. Credit institutions shall
carry out the reform of administrative procedures in the banking activity, but
must ensure the security of assets and comply with principles on the
examination, control applicable to the banking activity.
2. Credit institutions must
organize and assign labour in a reasonable and scientific manner for satisfying
requirements of administrative reform and complying with provisions of
applicable laws in the banking activity.
3. Credit institutions must set
up a specific operation Process concerning the one door transaction on the
basis of current provisions on the banking activity, treasury activity,
accounting regime and satisfying the requirements of report preparation in
accordance with applicable provisions.
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5. Credit institutions, which
apply science and technology in the one door transaction, must comply with
provisions of applicable laws on operational procedures of the type of
transaction they perform. The system of equipments, application software must
satisfy technical standards in accordance with applicable provisions to ensure
the prudence, confidentiality, accuracy, the automatic processing in a synchronous
and objective manner for the entire operational activities relating to
performed transactions.
6. Examination, control in the
one door transaction:
a. Credit institutions must
strictly control over related operations in the one door transaction. Everyday,
the accounting division must perform the last examination (reconciling
transaction documents with the list of transaction documents in a day) so as to
ensure the correctness of transactions within the day. In case of detecting any
error, the reasons thereof must be defined and timely dealt with.
b. In respect of transactions of
cash collection, the transaction program must print out a note of cash delivery
and receipt so that the customers can check and sign for confirmation. Where
the transaction program fails to print out the note of cash delivery and cash,
the controllers must control and sign on the cash receipt before delivering it
to customers.
Chapter II
SPECIFIC PROVISIONS
Article 4.
Conditions for a credit institution to be entitled to perform the one door
transaction
Credit institutions shall
organize the performance of the one door transaction when they fully satisfy
the following conditions:
1. For material foundation,
technical equipment:
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b. The system of equipment is
connected as a complete network to update, process, examine, control, exploit
and save data safely, accurately, fast and conveniently. Credit institutions
must have computers system and a backup center for data maintenance.
c. Credit institutions must have
an appropriate transaction program, which is set up on the principle of
complying with current provisions applicable to each type of operation of
credit institutions and compatible with and in line with other software
programs.
d. Credit institutions must have
confidentiality measures to ensure the security and secrecy of data in the
program, access code of the system and electronic signature. The general
control system and the control system via computer network must have enough
capacity to control operational acts in the one door transaction, ensure the
right compliance with provisions, avoid the abuse, embezzlement, appropriation
of assets.
2. For the operational
regulation, procedures and rules in the one door transaction:
Credit institutions must set up
a regulation, technical procedures on operations and rules in the one door
transaction on the basis of concretizing main contents of this Regulation.
3. For the staff
Staff must be ethical,
knowledgeable, and have good understanding of provisions on the transaction
operation and one door transaction regulation for handling smoothly all parts
of operation and technical procedure of transaction on the computer.
Article 5.
Measures of examining, controlling and ensuring the security of assets in the
one door transaction
1. Limit of cash collection
payment transaction and limit of cash balance in a day for a transactor:
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b. Transactions exceeding the
limit must be controlled and approved prior to performance by the controller.
Transactions of cash collection payment exceeding the transaction limit shall
be performed by the treasury division.
2. Management for cash in vault,
valuable papers and other assets which are assigned to transactors for
performing the one door transaction
a. By the beginning of a
transaction day, transactors are advanced cash, valuable papers and other
assets from treasury division in accordance with provisions of credit
institutions for performing transactions with customers. During the transaction
process, if the cash balance of a transactor exceeds the limit of daily cash
balance, credit institutions shall transfer the exceeded amount to the treasury
division and advance for additional supply where the cash balance of the
transactor is lower than the stipulated limit. At any time of a transaction
day, the actual cash balance of a transactor must coincide with the cash
balance in the accounting book.
b. By the end of a day, the
whole cash balance of transactors shall be transferred to the treasury division
together with printed reports to assure that there is no cash balance by the
end of a transaction day.
3. The regime of advance and the
repayment of advance
All of money amounts, valuable
papers and other assets, which are advanced by the treasury division and
delivered to transactors at the beginning of a day, must be controlled,
reconciled and settled at the end of the transaction day. The delivery,
receipt, preservation, transportation of cash, valuable papers between
transactors and the treasury division must comply with the procedure on
treasury operation. Where money is delivered, received in a sealed pack by the
end of a transaction day, at the beginning of the following transaction day,
transactor shall not be permitted to receive the same sealed pack he delivered
on previous day.
4. In respect of the delegation,
decentralization in processing and controlling the operations which arise in
the one door transaction:
Credit institutions shall carry
out the delegation, decentralization and clearly provide for the rights and
responsibilities of participants to the one door transaction. The delegation,
decentralization must ensure the prudence and compliance with provisions of
applicable laws.
5. To equip other security
instruments, devices such as camera for monitoring the operation at transaction
places.
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Article 6.
Accounting documents used in the one door transaction
The accounting documents used in
the one door transaction consist of 2 types: documents presented by customers
and those drawn by the transactors in accordance with the stipulated form of
the credit institutions for each operation procedure in the one door
transaction (already printed documents by volume and/or documents printed from
the computer). The accounting documents used in the one door transaction must
comply with current provisions on the regime of accounting documents and the
provisions in this Regulation.
1. Preparation of accounting
document
a. Documents used for
transaction with customers: based on papers, documents (that have been verified
in terms of the legality, validity) presented by customers, transactors shall
enter data into the system and print out the documents in accordance with
provisions of credit institutions on each operation procedure of respective
transaction issued by the credit institutions. The documents drawn by the
transactors must be printed out with full information of the transaction prior
to delivering to related divisions or returning to the customers.
b. By the end of a day,
transactors shall draw a List of documents transacted with customers in the day
in accordance with the stipulated procedures and forms issued by the credit
institutions.
2. Control over documents:
a. In respect of transactions
within the limit: transactors shall be both drawer and controller and only one
signature of transactor on the document is required.
b. In respect of transactions
which exceed the limit and transactions which require the approval by competent
person: they must be checked and controlled by controllers. Documents of that
transaction must be fully supported by the signatures of drawer (transactor)
and document controller (controller) and/or the signature of competent levels
according to the authority decentralization of the credit institution.
c. In respect of the List of
transaction documents of transactors in a day: Transactors and controllers
shall check, reconcile between the List of transaction documents in the day
with transaction documents of customers and of credit institutions (if any) to
ensure the full reconciliation and the correct accounting of accounts. The List
must be fully supported by the signatures of transactor and controller.
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After the examination, control
and reconciliation by related divisions, everyday, all accounting documents
(including book-entry documents and original documents attached) including the
list of transactions shall be delivered to the general accounting division for
examination, reconciliation (check again), maintenance and preservation of
accounting documents in accordance with current provisions. The delivery of
documents shall be guided in details for each specific operation by credit
institutions.
Article 7.
Authorities and responsibilities of participants to the one door transactions
1. For General Directors
(Directors)
a. Authority:
- To delegate and decentralize
authorities to participants to the one door transaction procedure. To provide
for the transaction limit applicable to each transactor.
- To be granted with a secrecy
code to perform their functions under their competence in controlling and
approving (signing) documents, or to authorize other person to exercise the
right of control over and approval of paper documents and documents on the
computer in accordance with applicable provisions.
b. Responsibilities:
- To take full responsibilities
to the law for losses that may arise from the application of the one door transaction
at their institutions.
- To set up the Regulation on
the one door transaction, the operation procedure in the one door transaction.
To provide guidance on the implementation of the one door transaction at their
own institutions in accordance with applicable provisions and examine the
compliance with the provisions in the one door transaction.
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- To absolutely keep secret of
the granted secrecy code, electronic signature and change them on periodical
basis to prevent from the stealing, abuse, embezzlement, appropriation of
assets of credit institution and customers; to take responsibility to the law
for losses resulting from the loss or disclosure of the granted secrecy codes
and electronic signatures.
2. For Controllers:
a. Authority:
- To examine and approve
transactions which exceed the limit of transactors and other transactions in
accordance with authority delegation, decentralization of the General Director
(Director).
- To examine and sign for
confirmation on the list of transactions performed within a day of transactors;
b. Responsibilities:
- To correctly comply with the
regulations stipulated in the one door transaction procedure
- To take responsibility for
examining the legality, validity of daily transaction documents which
transactors carry out under their stipulated competence; at the same time to
reconcile and verify the accuracy between the documents performed by the
transactors in the day with the list of transactions performed within a day at
the end of the day made by the transactors.
- To absolutely keep secret of
secrecy codes, electronic signatures in accordance with applicable provisions
and take full responsibility to the General Director (Director) and to the law
for the losses resulting from the loss or disclosure of the secrecy codes,
electronic signatures.
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a. Authorities:
- Transactors shall be granted
with a secrecy code to carry out their assignment according to their competence
in the preparation of, control over, approval (signing) for documents
- Transactors shall have the
right to process and take full responsibilities for losses arising from the
transactions within the transaction limits they are in charge. Transactions
exceeding the limit must be approved by the controllers in accordance with
applicable provisions prior to the implementation.
b. Responsibilities
- Transactors shall be
responsible for guiding customers to carry out transactions, checking the legality,
validity of documents and accuracy of the contents of transactions they are
assigned to perform.
- Transactors must comply with
and correctly implement their assigned task, check the coincidence between
actually arisen documents, the actual cash balance and the data in the system.
- Transactors must absolutely
keep secret of the secrecy codes and electronic signatures granted in
accordance with applicable provisions and take full responsibilities to the
General Director (Director) and to the law for losses resulting from the loss
or disclosure of the secrecy codes and electronic signatures.
- To comply with the procedure
on delivery, receipt and count of money with the treasury division and
customers. In case of lack or exceeding the cash balance limit, transactors
shall report for right implementation of the provisions of the credit
institutions on the cash balance limit. By the end of the transaction day,
transactors shall carry out the reconciliation to ensure the correctness
between the actual cash balance and the money amount stated in the accounting
book and transfer the whole cash balance to the treasury division.
4. For treasury division:
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The treasury division shall have
the right to examine the cash balance limit of transactors in accordance with
applicable provisions.
b. Responsibilities:
- The treasury division shall be
responsible for preserving absolutely the security of the money amount and the
assets they are managing, complying with the regime, principle of delivery and
receipt of money and assets, reconciling the correctness between the actual
cash balance and the data stated in the accounting book.
- Everyday, the treasury
division shall advance an amount of money to transactors to perform types of
transactions arising under applicable provisions. During the transaction
process, the treasury division shall recover the exceeding amount of the cash
balance limit of transactors or supply additional cash if the cash balance of
transactor is lower than the stipulated limit. At the end of a day, the
treasury division must transfer all of cash balance of transactors to their
fund for management.
Article 8.
Acts to be strictly forbidden
1. Not to comply with the
provisions in the regulation on the one door transaction and the operation
procedure on the one door transaction.
2. To try to exploit, access,
use illegally the transaction program, to deliberately lose or disclose the
secrecy codes, electronic signatures which are used in the one door
transaction.
3. To change, counterfeit and
adjust electronic data concerning the one door transaction for concealing the
act of legal violation.
Article 9.
Dealing with violation
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Chater III
IMPLEMENTING PROVISIONS
Article 10.
Organization of implementation
1. General Directors (Directors)
of credit institutions shall, based on the provisions in this Regulation, set
up and issue the Regulation, operation procedure and rules in the one door
transaction of their institutions.
2. The State Bank Inspectorate
shall be responsible for supervising and examining the implementation of the
provisions on the one door transaction applicable to credit institutions.
Article 12.
Amendment, supplement of the regulation
The amendment, supplement of
this Regulation shall be decided upon by the Governor of the State Bank.