STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
1346/2001/QD-NHNN
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Hanoi,
October 29th , 2001
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DECISION
ON THE ISSUANCE OF THE REGULATION ON THE PROCEDURES OF
COMMERCIAL PAPER COLLECTION THROUGH BANKS
THE GOVERNOR OF THE STATE BANK
Pursuant to the Law on the
State Bank of Vietnam and the Law on Credit Institutions No. 01/1997/QH10 dated
12 December 1997;
Pursuant to the Ordinance on Commercial Paper dated 24 December, 1999;
Pursuant to the Decree No. 15/CP dated 02 March, 1993 of the Government on the
assignment, authority and responsibility for State management of the Ministries
and ministry-level agencies;
Pursuant to the Decree No. 32/2001/ND-CP dated 5 July, 2001 of the Government
providing detailed guidance on the implementation of the Ordinance on
Commercial Paper;
Upon the proposal of the Director of the Finance and Accounting Department
of the State Bank of Vietnam,
DECIDES
Article 1.
To issue in conjunction with this decision "the
Regulation on the procedures of commercial paper collection through
banks".
Article 2.
This Decision shall be effective after 15 days from
the date of signing.
Article 3.
The Director of the Administrative Department, the
Director of the Finance & Accounting Department, Heads of units of the
State Bank of Vietnam, General Managers of State Bank branches in provinces,
cities; General Directors (Directors) of commercial banks, investment banks,
policy banks, co-operative banks and types of other bank shall be responsible
for the implementation of this Decision.
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FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Nguyen Thi Kim Phung
REGULATION
ON THE PROCEDURES OF COMMERCIAL PAPER COLLECTION THROUGH
BANKS
(issued in conjunction with the Decision No. 1346/2001/QD-NHNN dated 29
October, 2001 of the Governor of the State Bank of Vietnam)
I. GENERAL
PROVISIONS
Article 1.
The
Regulation on the procedures of commercial paper collection through banks shall
provide detailed provisions on the sequence of receipt and delivery, control,
treatment, payment of commercial paper collected through commercial banks,
development banks, investment banks, policy banks, co-operative banks and other
types of banks (hereinafter referred to as Banks) which are operating in
Vietnam.
The Regulation on the procedures
of commercial paper collection through banks shall not apply to following
cases:
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- The drawer, the drawee, the
issuer, the transferor, the pledgee, the payee of commercial paper do not open
accounts at banks and are not an enterprise provided for in Article 2 of the
Ordinance on Commercial Paper.
Article 2.
Conditions of commercial paper collection through banks
Commercial paper shall be handed
over to banks for collection upon satisfaction of following conditions:
1. Valid commercial paper:
Commercial paper which are made and issued in accordance with provisions of the
Ordinance on Commercial Paper and Decree No. 32/2001/ND-CP dated 5 July, 2001
of the Government providing detailed guidance on the implementation of the
Ordinance on Commercial Paper; Contents of the commercial paper and attachment
(if any) must be written fully, clearly, exactly in accordance with applicable
provisions and bear the signature, name, address of the drawer of a bill of
exchange or the issuer of a promissory note. Issue date (day and month) of a
commercial paper must be stated in words, the year of issue must be stated in
numbers.
2. The remaining period to
maturity of a commercial paper from the date of its handing over to the bank
for collection to the end of the payment period stated in the commercial paper
shall be at least 15 days. In case where the remaining period to maturity of a
commercial paper is less than 15 days, a written approval of the collecting
bank is needed.
Article 3.
Interpretation
In this Regulation, the
following terms shall be construed as follows:
The transferor (collecting
customers) shall be the payee of a commercial paper who is at the same time the
person handing over commercial paper to banks for collection.
The payer shall be the drawee of
a Bill of Exchange, the issuer of a Promissory Note or the person who is
responsible for payment of the amount stated in the commercial paper in
accordance with provisions of applicable laws.
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The payer bank shall be the bank
which maintains the deposit account of the payer.
The collecting bank shall be the
bank which receives a commercial paper from the collecting customer to collect
the amount stated in the commercial paper. The collecting bank may be the payee
bank or the payer bank.
Payment capability of the payer
shall be the balance in the deposit account of the payer at bank.
Article 4.
Levels of service fee for commercial paper collection
General Managers (Managers) of
banks shall determine levels of service fee for commercial paper collection
carried out by their bank in accordance with current provisions on the payment
service fees of banks.
II. DETAILED
PROVISIONS
Article 5.
Procedures of the delivery, receipt of commercial paper between the transferor
and banks
1. The transferor must state on
a commercial paper the words "transfer for collection", name of the
collecting bank, the transfer date for collection, the signature of the
transferor when having commercial paper collected by banks. Based on the
commercial paper and related payment documents, the transferor shall make an
order of the commercial paper collection (in accordance with Appendix No 1),
state fully, clearly, exactly the elements, sign, seal with the seal of his
company (if any) on all of attachments to the commercial paper which are handed
over to the collecting bank for collection.
Mode of delivery, receipt of
commercial paper for collection between customers and banks (direct delivery,
receipt, sending via post office, number of pages of order of commercial paper
collection......) shall be stipulated by the General Manager (Manager) of the
collecting bank which need to ensure that commercial paper are delivered,
received, controlled, treated in accordance with provisions of applicable laws.
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a. In case where a commercial
paper fails to satisfy conditions for collection, banks shall return it
immediately to customers and give clear reasons thereof.
b. In case where a commercial
paper satisfies fully conditions for collection but there are errors in the
collection order, banks shall request customers to make other collection order
for replacement.
c. If there is not any error,
banks shall complete procedures to receive the commercial paper and the
collection order: writing down the name and account number, putting the signature
and their seal on the collection order; writing in the back of the commercial
paper with the words "transfer for collection", the date (day, month,
year) of collection, and recording them in the book for commercial paper
collection and treatment:
- To complete procedures of
presentation for acceptance or payment of commercial paper at stipulated
payment maturity (if the payer and the payee open accounts at the same bank).
- To send commercial paper
together with the order of commercial paper collection to the payer bank for
collection (if the collecting bank is the payee bank and the payer and the
payee maintain accounts in two different banks). The commercial paper and the
order of commercial paper collection shall be sent to the payer bank within 01
working day from the date of receipt of the commercial paper delivered for
collection.
Article 6.
Procedures of presentation of commercial paper
1. Presentation for acceptance:
The bank shall only present the Bill of Exchange for acceptance if the transferor
states this requirement in the collection order.
2. Presentation for payment:
a. Banks shall present a
commercial paper at the payment place to the payer for his payment of
commercial paper at the due date or within 02 working days thereafter.
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b. A commercial paper which is
to be paid "upon presentation" shall be presented by banks for
payment on time (the term is stated in the collection order by the transferor).
c. Banks may present a
commercial paper for payment via post-office in the form of a registered
letter. The period for its presentation in this case shall be based on the seal
of the post-office where it is sent.
d. The payer shall pay a
commercial paper, which is presented by banks, to the transferor within 02
working days from the date of receipt of the commercial paper. The payment of
commercial paper by the payer is represented by the payer making the payment
order (payment order, cheque or appropriate payment documents) to request banks
to deduct their account for payment of accepted amount of the Bill of Exchange
or amount of the Promissory Note.
After 02 working days from the
date of receipt of the commercial paper, if the payer fails to make the payment
of commercial paper (refusing the payment, not making the payment order or
having made the payment order but become insolvent), the payer bank shall have
right to return the commercial paper to the payee bank or to the payee in
accordance with Article 8 of this Regulation.
dd. If a commercial paper is not
presented on time due to objective obstacles and it is not caused by banks
mistake such as: the address of the place of presentation or the payer is not
found; natural calamities or force de major causes, the payer bank shall return
the commercial paper together with a notice stating clearly reasons to the
payee bank or the payee. The return of the commercial paper in this case shall
be performed within 01 working days from the date of non-presentation of
commercial paper.
Article 7.
Payment procedures of collection for commercial paper
1. In case where a commercial
paper is paid and the payer, the payee have accounts at the same bank:
a. If the payer is able to pay
the entire amount that has been accepted for payment which is stated in the
commercial paper, following treatment shall be made:
- Based on the payment order
(payment instruction, cheque or appropriate payment documents) made by the
payer, the account of the payer shall be debited; the commercial paper for
collection and attachment (if any) shall be delivered to the payer.
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- A copy of the payment order
(payment instruction, List of cheques or appropriate payment documents)
together with the order of commercial paper collection which are sealed with
the seal of the Bank shall be used as credit advice to the payee.
In the book of commercial paper
collection, a corresponding entry shall be recorded.
b. If the payer is not able to
pay the entire amount that has been accepted for payment stated in the
commercial paper, the bank shall keep in file those commercial paper that have
not yet been paid and give, at the same time, notice to the payer and the payee
for their information and solution. When they are paid, the date of payment(
day, month) shall be written down and documents shall be treated in accordance
with provisions in point a paragraph 1 of this Article.
c. In case where a commercial
paper is paid partly, the account of the payer shall be deducted on the basis
of the payment order made by the payer to pay to the payee for the payable
amount and documents shall be treated in accordance with provisions in point a,
paragraph 1 of the Article 7 mentioned above. The bank shall keep the
commercial paper for collection and attachment (if any) and return it to the
payee within 01 working day together with the notice of reasons for the return
of commercial paper.
2. In case where commercial
paper are paid and the payer, the transferor has accounts at two bank units (of
the same or different system).
a. At the payee bank:
The delivery, inspection and
treatment the commercial paper for collection shall be performed in accordance
with provisions of paragraph 2, Article 5 of this Regulation, after that the
payee bank shall sign, put its seal on the order of the commercial paper
collection and commercial paper delivered for collection, record in the book of
commercial paper collection (which is used for reconciliation and treatment of
lost, delayed documents) and send the order of commercial paper collection
together with the commercial paper to the payer bank for collection.
Upon the receipt of money
transfer document which is sent by the payer bank, the payee bank shall use
that document to debit the appropriate account and credit the payee's account;
send the credit advice to the payee;
In the book of commercial paper
collection, a corresponding entry shall be recorded.
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Upon the receipt of the
collection order together with commercial paper sent by the payee bank or the
payee, the payer bank shall verify the procedure of the collection order, the
conditions for the receipt of commercial paper, the identification between
collection order and commercial paper, and proceed as follows:
- If the payer is able to pay
the entire amount of commercial paper that has been accepted for payment, the
payer bank shall, based on the payment order made by the payer, deduct the
payers deposit account to transfer to the payee bank and treat documents in
accordance with provisions in point a, paragraph 1, Article 7.
- In case where the payer is not
able to pay the entire amount of commercial paper that has been accepted for
payment, the payer bank shall proceed in accordance with provisions in point b,
paragraph 1, Article 7.
- If the commercial paper is
paid only partly, the payer bank shall treat in accordance with provisions in
point c, paragraph 1, Article 7.
Article 8.
The provision for the case where a commercial paper is refused for acceptance,
payment or the payer has lost the payment capability
1. When a commercial paper is
refused for acceptance, payment or the payer has made the payment order but
lost his payment capability, the bank which holds the commercial paper for
collection (the payee bank or the payer bank) shall request the payer to give
clear reasons in writing for his refusal and proceed to return the commercial
paper to the collecting bank or the payee together with the written reason for
refusal (in accordance with Appendix No. 2).
2. If a commercial paper is refused
but the payer does not give reasons for the refusal in writing, the payer bank
shall have the right to return the commercial paper to the collecting bank or
the payee, together with a notice stating clearly "the bank has presented
the commercial paper on the date of... but it has been refused for acceptance
(or payment) and the payer did not give any reason in writing".
3. The return of a commercial
paper together with the notice of reasons for return shall be performed within
01 working day from the date where the commercial paper is refused for
acceptance, payment or not paid due to the loss of the payers payment
capability.
Article 9.
Rights and responsibilities of collecting customers and collecting banks
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a. The collecting customer shall
have the right:
- To request a bank to provide
guidance, explanation of the bank's rules on the procedures of commercial paper
collection.
- To request a bank to pay a
commercial paper in case where a commercial paper is not paid due to the banks
failure to present the commercial paper for payment in accordance with
provisions in the Article 34 of the Ordinance on Commercial Paper.
b. The collecting customers
shall have the responsibility:
- To comply exactly, fully with
procedures of commercial paper collection through banks as stipulated by the
State Bank, the collecting bank.
- To follow up the payment of
commercial paper delivered for collection for timely co-operation with the
collecting bank;
- To make timely payment of the
collection service fee and other related fees provided for by the collecting
bank.
- To receive commercial paper
delivered for collection which are returned by the bank due to
non-presentation, refusal for acceptance, payment or which are paid partly or
when the payer has lost his payment capability.
2. For the collecting bank
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- To refuse the receipt for
collection of commercial paper, which do not satisfy any of conditions for
collection in accordance with Article 2 of this Regulation.
- To return commercial paper to
the collecting customer if the commercial paper can not be presented, is
refused for acceptance, payment, is paid only partly or when the payer has lost
his payment capability. The bank shall not be obliged to bear any
responsibility for any delay, or damage caused to related parties which is due
to objective reasons and not due to the bank's mistake.
- To be entitled to collect
collection service fee and related fees in accordance with the announced fee level
in their payment service tariff.
b. The collecting bank shall
have the responsibility:
- To complete the procedures of
commercial paper collection in accordance with applicable laws.
- To perform accurately, fully
requirements stated in the collection order; to guide, explain clearly
procedures of commercial paper collection through banks to customers.
- To deliver a commercial paper
and attachment (if any) to the payer, after the payer have paid fully the
amount of the commercial paper.
- To inform timely to the payee
or the payee bank of the non-presentation, refusal for acceptance, payment, or
where it is only paid partly or the payer has lost his payment capability.
- To pay to the payee if the
bank fails to present the commercial paper for payment in accordance with
provisions in the Ordinance on Commercial Paper (Article 34), causing the
non-payment of the commercial paper.
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Article 10.
General
Managers (Managers) of banks shall be responsible for the implementation of this
Regulation.
The Director of the Finance
& Accounting Department shall be responsible for the guidance on the
implementation of this Regulation.
Article 11.
The
amendment, supplement of this Regulation shall be decided upon by the Governor
of the State Bank.