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STATE BANK OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
15/2024/TT-NHNN
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Hanoi, June 28 of
2024
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CIRCULAR
ON
PROVISION OF CASHLESS PAYMENT SERVICES
Pursuant to the Law on State Bank of Vietnam
dated June 16 of 2010;
Pursuant to the Law on Credit Institutions dated
January 18 of 2024;
Pursuant to the Law on Post dated June 17 of
2010;
Pursuant to the Law on Electronic Transactions
dated June 22 of 2023;
Pursuant to Decree No. 52/2024/ND-CP dated May
15 of 2024 of the Government on cashless payment;
Pursuant to Decree No. 102/2022/ND-CP dated
December 12 of 2022 of the Government on functions, tasks, powers, and
organizational structure of the State Bank of Vietnam;
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Governor of State Bank of Vietnam promulgates
Circular on provision of cashless payment services.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular prescribes the provision of domestic
cashless payment services (hereinafter referred to as “payment services”) of
payment service providers, including: direct credit, direct debit, wire
transfer, collections-on-behalf-of, and payments-on-behalf-of.
Article 2. Regulated entities
1. Payment service
providers include:
a) State Bank of Vietnam (hereinafter referred to
as “SBV”);
b) Commercial banks, policy banks, cooperatives,
foreign bank branches (hereinafter referred to as “banks”);
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d) Public postal service providers.
2. Payment intermediary
service providers.
3. Organizations and
individuals related to the provision of payment services.
4. Entities accepting the
payment.
5. Organizations and
individuals using payment services (hereinafter referred to as “customers”).
Article 3. Definitions
In this Circular, the terms below are construed as
follows:
1. “Payment document”
refers to a type of banking and accounting document which serves as the basis
for execution of payment services. Payment documents include physical documents
and electronic documents.
2. “Payment services
executed via electronic means” (hereinafter referred to as “electronic payment
services”) refers to the production, submission, and processing of payment
orders via electronic means.
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4. “Direct debit service”
refers to a service where a bank, at request of the payee, debits checking
account of the payer and transfers to the payee on the basis of written
agreement pertaining to direct debit between the payer and the payee.
5. “Collections-on-behalf-of
service” (hereinafter referred to as “COBO service”) refers to a service where
a payment service provider, in execution of trust of the payee, collects
payment made by the payer in accordance with written agreement between the
payment service provider and the payee. COBO service consists of service of
collecting-on-behalf via customer’s checking account and service of
collecting-on-behalf outside of customer’s checking account.
6. “Payments-on-behalf-of
service” (hereinafter referred to as “POBO service”) refers to a service where
a payment service provider, in execution of trust of the payer, represents the
payer to pay the payee on the basis of written agreement between the payment
service provider and the payer. POBO service consists of service of
paying-on-behalf via customer’s checking account and service of
paying-on-behalf outside of customer’s checking account.
7. “Wire transfer service”
refers to a service where payment service provider, at request of the payer,
transfers a specified amount of money to the payee. The payee can also be the
payer. Wire transfer service consists of service of transferring via checking
account and service of transferring outside of checking account.
8. “Entities accepting
cashless payment” refers to goods and service providers that accept payment for
goods and services other than cash according to Clause 10 Article 3 of Decree
No. 52/2024/ND-CP on cashless payment under contract or agreement signed with
payment service providers and payment intermediary service providers.
9. “QR Code payment” refers
to the use of QR Code for payment and wire transfer of organizations and
individuals.
10. “Personal document”
consists of citizen ID Card, ID card, certificate of ID Card, valid 9-digit ID
Card, electronic ID Card (if customer has level 2 electronic identification
account); passport and entry visa or visa-equivalent documents or documents
proving eligibility for visa exemption in case of foreigner; or electronic
identification (by accessing level 2 electronic identification account) (if
any).
Article 4. Payment document
1. The preparation,
signing, control, circulation, management, use, and preservation of payment
documents must conform to accounting and e-transaction laws.
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3. Payment documents for
payments made via banks, people’s credit funds, microfinance organizations, and
public postal service providers shall have their format, forms, printing,
distribution, and instructions regulated by respective banks, people’s credit
funds, microfinance organizations, and public postal service providers in a
manner that adheres to payment procedures of each service type under this
Circular and relevant law provisions.
4. Documents on direct
debit, direct credit, and wire transfer are also payment documents.
5. Information and data of
electronic documents must be adequately controlled so as to maintain
legitimacy, adequacy, and integrity of information. At the same time, documents
must be controlled and managed privately so as to prevent illegal exploitation,
access, duplication of information.
Article 5. Electronic payment
services
Payment service provider must, in order to provide
electronic payment services, meet requirements below:
1. Comply with regulations
on preparation, processing, use, preservation, and storage of electronic
documents in accordance with e-transaction laws.
2. Develop payment
procedures which require all necessary information for inspection,
cross-examination for know-your-customer; satisfy technical infrastructures;
manage risk, safety, and security of electronic payment services in accordance
with regulations of Governor of SBV and e-transaction laws.
3. Enter into written
agreement with customers and relevant parties at their discretion which
specifies rights and obligations of the parties and settlement of disputes (if
any) as per the law.
4. Inform customer about
proof of electronic payment via electronic means, which at least includes
transaction reference number, date of transaction, and transaction amount. At
least SMS, email, or other channels must be used as notification channel and
such use must be specified under written agreement with customer.
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Article 6. Procedures for
rectifying errors and handling error adjustment, reconciliation, and complaint
request in payment and payment intermediary services
1. Where errors are found
in wire transfer or in wire transfer data, the parties must adjust as per the
law and ensure accurate and consistent data so that wire transfer activity is
not affected or damage is not done to payment service providers, payment
intermediary service providers and/or customers. Adjustment of error in wire
transfer must respect the following principles:
a) Closely adhere to regulations and methods for
error adjustment in accounting and wire transfer: make adjustment to the stage
at which error occurs; do not correct data, adjust error without permission;
b) Organizations and individuals that cause errors
or violate regulations and methods for error adjustment shall be met with
punitive actions and made to compensate for damage that they have caused to
relevant parties as per the law depending on the nature and severity of the
violation.
2. Payment service
providers and payment intermediary service providers shall set the time limit
in which customers have the right to submit request for reconciliation and
complaint to payment service providers and payment intermediary service
providers. The aforementioned time limit must be at least 60 days from the date
on which transaction for which reconciliation request is made occurs.
3. Payment service
providers and payment intermediary service providers are responsible for
processing request for reconciliation and complaint of customers in a manner
that satisfying regulations below:
a) Adopt at least 2 methods for receiving request for
reconciliation and complaints via hotline (recorded, and active 24 hours per
day and 7 days per week) and via legitimate trading locations of payment
service providers and payment intermediary service providers; verify basic
information that the customers have provided to payment service providers and
payment intermediary service providers;
b) Promulgate request forms for reconciliation and
complaint (physical and electronic forms) for use by customers upon requesting
reconciliation and complaint at transaction locations of payment service
providers and payment intermediary service providers or online channels. Where
information is received via hotline or online channels, payment service
providers and payment intermediary service providers shall request customers to
provide other necessary information to verify customers and implement solutions
for storing customer information to facilitate reconciliation and complaint
settlement. Where customers authorize other individuals to request
reconciliation and complaint, the authorization shall conform to authorization
laws;
c) Payment service providers and payment
intermediary service providers are responsible for responding or handling
complaints of customers within a set time limit up to 30 working days from the
date on which complaint request is filed by customers in accordance with Point
a of this Clause;
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4. Handling reconciliation
and dispute settlement results:
a) Within 5 working days from the date on which
results of reconciliation and dispute settlement are sent to customers, payment
service providers and payment intermediary service providers shall reimburse
customers for losses where the customers are not at fault and/or not force
majeure do not apply according to service terms and conditions agreement as per
agreement and applicable laws;
b) Where the cause cannot be identified or fault
cannot be attributed to any party within the time limit under Clause 3 of this
Article, within the next 15 working days, payment service providers and payment
intermediary service providers shall negotiate with customers about possible
solutions. Where a solution cannot be agreed upon by the parties, settlement of
dispute shall be implemented in a manner compliant with regulations and law.
5. Where the case exhibits
signs of criminal activities, payment service providers and payment
intermediary service providers must report to competent authority according to
criminal proceeding laws and SBV (Payment Department, SBV branches of provinces
and cities) and inform customers in writing about status of reconciliation and
dispute settlement request. Where competent authority concludes that the case
does not contain criminal elements, within 15 working days from the date on
which conclusion of competent authority is made, payment service providers and
payment intermediary service providers shall negotiate with customers about
methods for processing reconciliation and dispute settlement results.
6. Payment service
providers and payment intermediary service providers must adopt solutions to
allow customers to look up information, progress, and results of reconciliation
and dispute settlement request.
7. Cooperation in
reconciliation between payment service providers:
Payment service providers are responsible for cooperating
in promptly processing request for reconciliation in settlement of direct
credit, direct debit: within 4 working days from the date on which request for
reconciliation is received, the requested party must respond to reconciliation
request or results or reverse payment order containing information requested
for reconciliation.
Chapter II
PAYMENT SERVICES VIA
PAYMENT SERVICE PROVIDERS
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Article 7. Individual payment
services via checking accounts opened at SBV
1. Organizations opening
checking accounts at SBV (“the payers”) shall send payment documents to SBV to
request SBV to debit their accounts and pay the payees whose accounts are
opened at the same SBV entities or to request SBV to transfer money to the
payees via appropriate payment systems. Payment procedures are detailed below:
a) Preparing and sending documents
In respect of payments made by the payer: the payer
shall prepare and submit payment documents (direct credit documents, other
appropriate payment documents) to SBV where they open checking account to debit
their checking account and transfer to the payee.
b) Processing documents and recording payment
Upon receiving payment documents sent by the payer,
SBV shall examine legitimacy of the documents and solvency of the payer.
(i) Where the documents are not legitimate or
adequate or the payer do not have sufficient solvency, SBV shall deny payment
and inform the payer.
(ii) Where the documents are legitimate and adequate
and the payer have sufficient solvency, SBV shall record the payment and:
Where the payer and the payee both open accounts at
the same entity of SBV, SBV shall debit checking account of the payer, credit
checking account of the payee and send notice of debit, notice of credit to the
payer and the payee.
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Upon receiving incoming transfer order, SBV shall
examine and process documents in accordance with regulations of payment system,
then record payment to checking account of the payee (or appropriate account of
the payee if the payee does not open checking account at SBV) and send notice
of credit to the payee.
2. Organizations opening
checking accounts at SBV shall deposit, withdraw cash via checking accounts
opened at entities of SBV via payment facilities. Where a credit institution of
foreign bank branch (hereinafter referred to as “credit institution”) that is a
member of the Inter - bank Electronic Payment System deposits or withdraws cash
at SBV branch of province or city via the Inter - bank Electronic Payment
System, the procedures for implementation are as follows:
a) The credit institution shall send list of
officials authorized to conduct cash transactions with SBV of provinces and
cities and written authorization produced by each official and signed by legal
representative of the credit institution (Appendix No. 1 attached hereto) to
SBV of provinces and cities. The written authorization must specify information
on the authorized individual, term of authorization, detail of authorization
pertaining to cash transactions and transport.
b) Cash withdrawal at SBV branches of provinces and
cities:
(i) The credit institution produces transfer order
via the Inter - bank Electronic Payment System to debit checking account of
headquarters of the credit institution at Central Banking Department of SBV and
sends to receiving bank that is SBV branch of province or city where branch of
the credit institution wishes to withdraw cash. Credit institution branch
assigns representative authorized to conduct cash transactions to SBV branch of
province or city to receive cash.
(ii) SBV branch of province or city examines and
cross-check information of official authorized to conduct cash transactions of
the credit institution branch, produces payment note, and issues money to
credit institution branch in accordance with regulations on accounting cash
delivery, transport, issuance, revocation, and destruction at SBV. Where
transfer order is received after the period designated for cash transactions at
SBV branch of province or city, cash withdrawal procedures will be proceeded on
the next working day.
c) Cash deposit at SBV branches of provinces and
cities: credit institution branch submits deposit order regulated under
regulations on accounting cash delivery, transport, issuance, revocation, and destruction
at SBV at which point SBV branch of province or city produces transfer order
via Inter - bank Electronic Payment System and transfers money to checking
account of headquarters of credit institution opened at Central Banking
Department of SBV. Where SBV branch of province or city initiates cash deposit
procedures from credit institution branch after the time limit for sending
payment order of the Inter - bank Electronic Payment System has expired, SBV
branch of province or city shall send transfer order via the Inter - bank
Electronic Payment System to headquarters of credit institution on the next
working day.
d) On a monthly basis, SBV branch of provinces and
cities determine fees to be collected from local credit institution branches
(cash withdrawal fees, individual transaction fees) and produce debit transfer
orders via the Inter - bank Electronic Payment System to headquarters of credit
institutions in order to collect fees in accordance with regulations of SBV.
Where credit institutions deposit or withdraw cash via checking accounts opened
at SBV branches of provinces and cities, fees shall conform to regulations of
SBV.
dd) On an annual basis, SBV branches of provinces
and cities shall consolidate and produce report on cash deposit and withdrawal
via the Inter - bank Electronic Payment System (Appendix No. 2 attached hereto)
to SBV.
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Article 8. Direct credit
service
Banks providing direct credit service must ensure
rapid, accurate, safe, secure, and legitimate procedures; promulgate internal
regulations which must contain the followings:
1. Producing and sending
direct credit documents
The payer produces and sends direct credit document
to the bank where they open their checking account to debit their account to
pay or transfer to the payee. The bank shall guide the payer to produce and
send direct credit documents at their bank in a manner compliant with this
Circular and applicable regulations of SBV.
2. Controlling direct
credit documents
a) Upon receiving direct credit documents, the bank
must closely inspect legitimacy and adequacy of the documents.
b) The bank must then examine solvency. Where
direct credit documents are inadequate or illegitimate or solvency is not
guaranteed, the bank shall inform the payer to revise or return the documents
to the payer.
3. Processing documents and
recording payment
a) At bank serving the payer (hereinafter referred
to as “payer’s bank”):
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(i) Where the payee and the payer have checking
account opened at the same bank, within 1 working day from the date on which
direct credit documents are sent (unless otherwise agreed upon), the back shall
record payment to checking account of the payer and the payee and send notice
of debit to the payer, notice of credit to the payee.
(ii) Where the payee does not have checking account
opened at the payer’s bank, within 1 working day from the date on which direct
credit documents are sent (unless otherwise agreed upon), the bank shall record
payment to checking account of the payer, send notice of debit to the payer and
produce transfer order to bank serving the payee in accordance with appropriate
payment system.
b) At bank serving the payee (hereinafter referred
to as “payee’s bank”):
Upon receiving transfer order sent by the payer’s
bank, the payee’s bank shall examine the documents and:
(i) Where transfer order is legitimate and
adequate, within 1 working day from the date on which transfer order is
received, the payee’s bank must record the payment to checking account of the
payee and send notice of credit to the payee.
(ii) Where transfer order is erroneous, within 1
working day from the date on which transfer order is received, the payee’s bank
shall send request for reconciliation or return transfer order to the payer’s
bank. Upon receiving response regarding reconciliation, within 1 working day,
the payee’s bank shall execute transfer order or reverse transfer order to the
payer’s bank.
(iii) Where account of the payee is closed, within
1 working day from the date on which transfer order is received, the payee’s
bank shall reverse the transfer order to the payer’s bank (or according to
agreement with the payer).
(iv) Where the payee does not have checking account
opened at a bank:
Upon receiving transfer order, within 1 working
day, the bank shall examine documents, record payment to appropriate account,
and inform the payee using contact information provided by the payer. Where the
payee receives cash:
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Within 30 days from the date on which notice of
credit is sent to the payee in accordance with Clause 4 of this Article, where
the payee fails to arrives at the bank to receive money after being informed by
the bank or the bank cannot contact the payee, the bank must immediately
produce transfer order to return the money to the payer’s bank.
4. Bank shall send notice
of debit and notice of credit in an adequate and timely fashion to customers in
accordance with law-compliant agreement between the bank and customers.
Article 9. Direct debit service
Banks providing direct debit service must ensure
rapid, accurate, safe, secure, and legitimate procedures; promulgate internal
regulations which must contain the followings:
1. Producing and sending
direct debit documents
The payee sends direct debit documents and attach
written agreement between the payer and the payee regarding direct debit and
other documents (if any) to the payee’s bank or the payer’s bank. The bank
guides customers to produce and send documents in a manner compliant with this
Circular and applicable regulations of SBV.
2. Controlling direct debit
a) At the payee’s bank: Upon receiving direct debit
documents and attachments, the bank must closely examine legitimacy and
adequacy of direct debit documents in accordance with regulations on banking
accounting documents. Where direct debit documents are inadequate or
illegitimate, the bank shall request the payee to revise or return to the
payee.
b) At the payer’s bank: Upon receiving direct debit
documents, the bank must closely examine legitimacy, adequacy, and solvency.
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3. Processing documents and
recording payment
a) Where the payer opens checking account at the
payee’s bank:
After controlling direct debit documents, the bank
shall examine payment agreement via direct debit between the payer and the
payee and:
(i) Where the payer has authorized the bank to
automatically debit their checking account to settle the direct debit:
Where the payer has sufficient solvency, within 1
working day from the date on which direct debit documents are received, the
bank must record the payment to checking account of the payer, the payee and
send notice of credit to the payee, notice of debit to the payer.
Where the payer does not possess sufficient
solvency, within 1 working day from the date on which direct debit documents
are received, the bank must inform the payer and the payee, return the direct
debit documents to the payee (where the payee requests) or keep direct debit
documents until the payer possesses sufficient solvency. Where the payer has
sufficient solvency, the bank must record payment to checking accounts of the
payer and the payee and send notice of debit to the payer, notice of credit to
the payee.
(ii) Where the payer has not authorized their bank
to automatically debit their checking account to settle direct debit, the bank
must inform the payer about direct debit.
Where the payer has approved and authorized
debiting their checking account, within 1 working day from the date on which
authorization made by the payer is received, the bank shall record payment to
checking accounts of the payer, the payee and send notice of debit to the
payer, notice of credit to the payee.
Where the payer does not approve debiting
authorization, the bank must immediately inform and return direct debit
documents to the payee.
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b) Where the payer does not have checking account
opened at the payee’s bank:
(i) After inspecting legitimacy of direct debit
documents, the payee’s bank shall monitor processed documents accordingly and,
within 1 working day from the date on which they receive direct debit
documents, send to the payer’s bank.
(ii) After receiving direct debit documents and
attachments (if any) from the payee’s bank or the payee and inspecting
legitimacy of direct debit documents, the payer’s bank shall inspect agreement
on authorization for debiting of checking account and record the payment to
checking account of the payer in the same process as if the payer has checking
account opened at the payee’s bank and send transfer order to the payee’s bank
via appropriate payment system.
(iii) Within 1 working day from the date on which
the payee’s bank receives transfer order from the payer’s bank, the payee’s
bank shall rely on the transfer order to record payment in appropriate account
and send notice of credit to the payee.
4. Bank shall send notice
of debit and notice of credit in an adequate and timely fashion to customers in
accordance with law-compliant agreement between the bank and customers.
Article 10. COBO service
1. The beneficiary must
provide payment service provider with necessary documents to enable the payment
service provider to execute COBO service in accordance with written agreement
between the payment service provider and the beneficiary and relevant law
provisions.
2. Where payment service
provider provides COBO service together with payment intermediary service
provider that is licensed to provide COBO, POBO services by SBV, written
agreement may contain clauses authorizing payment intermediary service provider
to enter into agreement with the beneficiary.
3. Payment service provider
shall promulgate internal regulations regarding law-compliant execution of COBO
service which specify responsibilities and rights of relevant parties in a
manner that ensures safety and coherence.
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1. In respect of POBO
service, payment service provider shall adhere to request of the payer under
written agreement between payment service provider and the payer and relevant
law provisions.
2. Where payment service
provider provides POBO service together with payment intermediary service
provider that is licensed to provide COBO, POBO services by SBV, written
agreement may contain clauses authorizing payment intermediary service provider
to enter into agreement with the payer.
3. Payment service provider
shall promulgate internal regulations regarding law-compliant execution of POBO
service which specify responsibilities and rights of relevant parties in a
manner that ensures safety and coherence.
Article 12. Transfer service
1. Procedures for
transferring via checking accounts of customers are similar to that for
settling direct credit service.
2. Procedures for
transferring outside of checking accounts of customers:
Banks providing transfer service must ensure quick,
coherent, accurate, safe, secure, and law-compliant processing; promulgate
internal regulations which must contain:
a) Producing and controlling documents:
(i) Where a customer wishes to deposit cash for the
bank to transfer to a beneficiary, the bank shall guide the customer to fill a
cash transfer form in accordance with regulations of the bank, including all
necessary information of the sender and the beneficiary: full name, number of
personal documents, phone number, signature (of the sender) and other
information.
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(iii) After receiving cash deposit form of the
sender, the bank shall examine the documents and money deposited by the sender
and transfer as per the law.
b) Processing documents and recording payment:
(i) At bank serving the sender (hereinafter
referred to as “sender’s bank”): After inspecting legitimacy and adequacy of
documents:
Where the beneficiary has checking account opened
at the sender’s bank: within 1 working day from the date on which the sender
finishes deposit procedures, the bank shall record the payment to appropriate
account of the sender and send notice of credit to the beneficiary.
Where the beneficiary has checking account opens at
another bank: within 1 working day from the date on which the sender finishes
deposit procedures, the bank shall record payment to appropriate account and
send transfer order to bank serving the beneficiary via appropriate payment
system.
(ii) At bank serving the beneficiary (hereinafter
referred to as “beneficiary’s bank”):
After receiving transfer order, the beneficiary’s bank
shall inspect the documents and:
Where transfer order is legitimate and adequate,
within 1 working day from the date on which transfer order is received, the
beneficiary’s bank must record the payment to checking account of the
beneficiary and send notice of credit to the beneficiary.
Where transfer order is erroneous, within 1 working
day from the date on which transfer order is received, the beneficiary’s bank
shall cooperate with the sender’s bank in reconciling as per the law. Upon
receiving response regarding reconciliation, within 1 working day, the
beneficiary’s bank shall execute transfer order or reverse transfer order to
the sender’s bank.
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Where the beneficiary does not have checking
account: within 1 working day from the date on which transfer order is
received, the bank shall inspect documents, record payment to appropriate
account, and notify the beneficiary using contact information provided by the
sender.
Where the beneficiary wishes to receive cash: If
the beneficiary is a person, the beneficiary must present personal documents
upon receiving cash. If the beneficiary is an authorized individual, the
beneficiary must present written authorization. If the beneficiary is a
representative of an organization, the beneficiary, in addition to their
personal documents, must present documents proving their status as legitimate
representative of the organization upon receiving cash. The bank shall examine,
cross-check, authenticate information and KYC data and store as per the law.
Within 30 days from the date on which notice of
credit is sent to the beneficiary in accordance with Point c of this Clause,
where the beneficiary fails to arrives at the bank to receive money after being
informed by the bank or the bank cannot contact the beneficiary, the bank must
immediately produce transfer order to return the money to the sender’s bank.
c) The bank shall promptly send notice of credit to
beneficiary having checking account opened at their bank in accordance with
methods and time agreed upon between the bank and customer as per the law.
Section 3. PAYMENT SERVICES
VIA PEOPLE’S CREDIT FUNDS, MICROFINANCE ORGANIZATIONS, PUBLIC POSTAL SERVICE
PROVIDERS
Article 13. Payment services
via people’s credit funds and microfinance organizations
1. People’s credit funds provide payment services
outside of checking accounts for members and customers of the people’s credit
funds, including transfer service, COBO service, POBO service. Microfinance
organizations provide payment services outside of checking account for
customers of microfinance organizations, including transfer service, COBO
service, POBO service.
2. People’s credit funds and microfinance
organizations shall promulgate internal payment procedures for transfer, COBO,
and POBO outside of checking accounts in a manner compliant with Article 10,
Article 11, and Article 12 hereof.
Article 14. Payment services
via public postal service providers
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Public postal service providers entitled to issuing
written approval must operate within the written approval.
Public postal service providers are not allowed to
fabricate, edit, purchase, sell, transfer, lease, lend written approval;
entrust, assign other organizations and individuals to execute activities
licensed under written approval.
2. Procedures for transferring outside of checking
accounts of customers:
a) Public postal service providers providing
transfer service must ensure rapid, coherent, accurate, secure, and
law-compliant service; promulgate internal regulations which must contain:
(i) Specific actions such as: producing,
cross-examining, controlling, storing money transfer documents; processing
money transfer order; error and handling error, reconciliation, complaint;
recording payment according to applicable accounting regulations, adequately
monitoring accounting logbooks;
(ii) Specific money transfer and receipt limit at
service locations appropriate to facilities, technical infrastructures, and
operating apparatus to maintain safety and compliance with the law during
implementation;
(iii) Specific responsibilities of each department,
individual in charge of management, operation, and execution of money transfer
procedures, at least including: adequate compliance with payment procedures,
payment transactions, regulations on safety ,security, responsibilities in
cooperation in reconciliation, handling complaints, and compensating customers
for damage that they cause;
(iv) Internal regulations on anti-money laundering
in accordance with anti-money laundering laws;
(v) Other relevant regulations.
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(i) Upon receiving money transfer request,
employees of public postal service providers are responsible for examining
information on cash transfer form. If payment documents filed by the customers
are legitimate and adequate and amount deposited by the customers match amount
specified on transfer order, the employees shall sign the documents and adopt procedures
for transferring money. Within 1 working day from the date on which adequate
and legitimate payment documents are received, public postal service providers
must process and transfer money for customers.
(ii) Upon receiving incoming transfer order, public
postal service providers serving the beneficiaries must inspect legitimacy and
adequacy of the documents, record the payment in appropriate accounts, and
inform the beneficiaries to receive the money or deliver at address required by
the sender as per agreement; public postal service providers shall examine,
cross-check, verify KYC information and data and store as per the law.
(iii) Within 30 days from the date on which public
postal service providers serving the beneficiaries receive incoming transfer
order and informs the beneficiaries, where the beneficiaries fail to receive
the money or cannot be contacted, public postal service providers serving the
beneficiaries shall return the money to the sender.
3. COBO and POBO services
a) For the purpose of executing COBO service, the
beneficiaries must provide public postal service providers with necessary
relevant documents to enable public postal service providers to collect money
on the beneficiaries’ behalf in accordance with written agreement between the
public postal service providers and the beneficiaries and relevant law
provisions;
b) For the purpose of executing POBO service,
public postal service providers shall adhere to request of the payer under
written agreement between the public postal service providers and the payer and
relevant law provisions;
c) Public postal service providers shall promulgate
internal regulations on COBO and POBO services compliant with relevant law
provisions.
4. Reporting
a) Public postal service providers shall submit
reports on service provision to SBV (via Payment Department) on a quarterly
basis (before the 5th of the month following the reporting quarter)
and annual basis (before January 15 of the year following the reporting year)
under Appendix 3 attached hereto.
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(i) At specific request of SBV for state management
purposes;
(ii) In case of any irregularity or disruption to
services that may affect operation of payment service providers or other
relevant organizations and individuals.
Article 15. Procedures for
approving, extending payment services outside of checking accounts of customers
provided by public postal service providers
1. Procedures for approving
a) Within 10 working days from the date on which
Payment Department receives adequate documents under Decree No. 52/2024/ND-CP
dated May 15 of 2024 of the Government on cashless payments and amending
documents (if any), Payment Department shall review and send written request
for remarks to relevant bodies in SBV;
b) Within 15 working days from the date on which
request sent by Payment Department are received:
(i) Information Technology Department shall review,
evaluate, and send documents to Payment Department verifying requirements
pertaining to technical aspects, technology solution, security and safety
capability, technician staff to provide payment services outside of checking
accounts of customers by public postal service providers as per the law.
(ii) Anti-money laundering authority shall review
and send evaluation regarding internal regulations on anti-money laundering,
anti-terrorism financing, and preventing financing of weapons of mass
destruction to Payment Department in respect of payment services provide
outside of checking accounts of customers by public postal service providers as
per the law.
c) Within 30 working days from the date on which
Payment Department receives responses from SBV entities, Payment Department
shall consolidate the remarks, evaluate the documents, and request Governor of
SBV to, in writing, approve or reject payment services provided outside of
checking accounts by public postal service providers.
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a) Within 10 working days from the date on which
Payment Department receives adequate documents under Decree No. 52/2024/ND-CP
dated May 15 of 2024 of the Government on cashless payments and amending
documents (if any), Payment Department shall review and send written request
for remarks to relevant bodies in SBV;
b) Within 07 working days from the date on which
request sent by Payment Department are received:
(i) Information Technology Department shall review,
evaluate, and send documents to Payment Department verifying requirements
pertaining to technical aspects, technology solution, security and safety
capability, technician staff to provide payment services outside of checking
accounts of customers by public postal service providers as per the law.
(ii) Anti-money laundering authority shall review
and send evaluation regarding internal regulations on anti-money laundering,
anti-terrorism financing, and preventing financing of weapons of mass
destruction to Payment Department in respect of payment services provide
outside of checking accounts of customers by public postal service providers as
per the law.
c) Within 10 working days from the date on which
Payment Department receives responses from SBV entities, Payment Department
shall consolidate the remarks, evaluate the documents, and submit decision on
extension or decision on rejection of extension of payment services provided
outside of checking accounts by public postal service providers to Governor of
SBV.
Chapter III
RIGHTS AND
RESPONSIBILITIES OF PARTIES TO PAYMENT SERVICES
Article 16. Rights of
organizations and individuals using payment services
Organizations and individuals using payment
services have the right to:
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2. negotiate with payment service providers about
rights and obligations in use of payment services in accordance with
regulations of the law.
3. request payment service providers to provide
information on payment services in accordance with agreement with the payment
service providers.
4. file complaints and request payment service providers
at their service to compensate for damage when: payment service providers fail
to execute payment transactions in a timely fashion as per agreement, fail to
execute payment transactions or execute payment transactions that do not match
payment orders, collect payment service fees that do not match fee rate or type
previously publicly posted by payment service providers, or commit other
violations as per agreement.
5. exercise other rights according to this Circular
and relevant law provisions.
Article 17. Responsibilities
of organizations and individuals using payment services
Organizations and individuals using payment
services have the obligation to:
1. adequately comply with requirements and procedures
of payment services according to this Circular and agreement between
organizations and individuals using payment services and payment service
providers as per the law.
2. reimburse or cooperate with payment service
providers in reimbursing amounts received after payment service providers
transfer by mistake (including human errors and system errors of payment
service providers).
3. assume legal responsibility for accuracy and
authenticity of information and payment documents that they provide.
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5. exercise other responsibility in accordance with
this Circular and relevant law provisions.
Article 18. Rights of payment
service providers
Payment service providers have the right to:
1. request organizations and individuals using
payment services to provide all relevant information and exercise obligations
as per agreement during use of payment services.
2. deny payment services provided to organizations
and individuals using payment services when:
a) Organizations and individuals using payment
services fail to satisfy all requirements for payment services according to
this Circular or violate agreements between payment service providers and
organizations, individuals using payment services;
b) Competent authority issue written request or
proof proving that transactions serve money-laundering, terrorism financing,
financing proliferation of weapons of mass destruction in accordance with
anti-money laundering, anti-terrorism financing, prevention of proliferation of
weapons of mass destruction laws are present;
c) The customers are named under lists of
suspicion/blacklists/warning lists pertaining to transactions involved in
fraud, money laundering, terrorism financing, financing proliferation of
weapons of mass destruction, violations of competent authority.
3. request organizations and individuals using
payment services to reimburse amounts received after payment service providers
transfer by mistake (including human errors and system errors of payment
service providers).
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5. exercise other rights according to this Circular
and relevant law provisions.
Article 19. Responsibilities
of payment service providers
Payment service providers have the responsibility
to:
1. notify and guide customers using services that
they provide; promptly respond or settle questions, complaints of organizations
and individuals using payment services within their obligations and powers.
2. execute payment services in a timely, safe, and
accurate fashion in accordance with agreement with organizations and
individuals using payment services;
3. promptly rectify any error or mistake in payment
transactions in case of failure to adequately adhere to payment orders of organizations
and individuals using payment services; cooperate with relevant payment service
providers in recovering amounts transferred by mistake as per the law.
4. adequately comply with regulations pertaining to
e-transactions and safety, confidentiality, risk management assurance in
banking operations. Promulgate risk management regulations: identifying risks,
categorizing risks for each type of service, confidentiality, integrity and
accuracy assurance for information and data related to transactions, solutions
for evaluating, controlling, preventing risks, and complying with regulations
and law.
5. inform and issue warning to enable customers to
recognize and avoid risks during use of payment services and comply with
written agreement signed with payment service providers; guide organizations
and individuals using payment services to comply with obligations to protect
account information, other identification factors, and electronic devices used
for payment and avoid exploitation and fraud.
6. adopt customer identification measures; control,
detect, and report transactions of high value, transfer of digital currency,
and suspicious transactions to competent authority in accordance with
anti-money laundering laws and other relevant law provisions.
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8. adopt measures and solutions to examine and
match customer identification information during execution of payment services.
9. promulgate internal procedures for providing cashless
payment services at their establishments based on this Circular and relevant
law provisions and assume responsibility for their internal procedures.
10. exercise other responsibility in accordance
with this Circular and relevant law provisions.
Article 20. Responsibilities
of payment service providers in cooperation with payment intermediary service
providers, payment accepting entities, international organizations
1. When providing payment services in cooperation
with payment intermediary service providers, payment service providers must
enter into written agreement or contract for cooperation with the parties which
set obligations and commitments of the parties regarding maintaining
confidentiality of customer, transaction information and responsibilities to
losses caused by disclosure of customer, transaction information.
2. Banks may only enter into contracts with payment
intermediary service providers that have been licensed by SBV to provide
payment intermediary services within the license scope and must cooperate with
payment intermediary service providers in examining, cross-checking data,
authenticating transactions, customer information, adopting security measures
in payment and in executing other obligations in accordance with regulations of
SBV on payment intermediary services.
3. Responsibilities of payment service providers in
respect of payment accepting entities:
a) Enter into written agreement or contract with
payment accepting entities which must specify: rights and obligations of the
parties; whether payment accepting entities must be responsible for legitimacy
of goods and services provided and avoid all prohibited transactions as per the
law; request payment accepting entities to not collect any additional fee from
customers in any shape or form upon processing payment services; processing of
private data of customers or private data provided by customers, provision of
information for a third party for identification of payment accepting entities;
cases of contract termination;
b) Guide payment accepting entities to adopt
payment procedures, utilize payment facilities and solutions for detecting
fraud and comply with security requirements of account and transaction
information of customers in goods and service payment;
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(i) Classification of business model and nature,
documents proving business/household business model; compliance with procedures
for account opening and use or any cashless payment facilities accepted for
goods and service payment compliant with anti-money laundering, anti-terrorism
financing, prevention of proliferation of weapons of mass destruction;
(ii) Physical inspection of business location or
online sale channels for the purpose of examining legitimacy of documents
proving business model;
(iii) Development of criteria for selecting and developing
payment accepting entities;
d) Promulgate mechanisms for identifying risks,
categorizing risks appropriate to each type of payment service made via payment
accepting entities; evaluating and classifying payment accepting entities by
risk levels; regularly monitoring, supervising, examining, and closely managing
operation of payment accepting entities during execution of contracts and
agreements in order to deal with or request competent authority to deal with
violations in payment as per the law; in respect of high-risk payment accepting
entities, adopting means or solutions for monitoring, examining payments of
payment accepting entities in an adequate and comprehensive manner including
increasing inspection frequency or conducting inspection via online sale
channel;
dd) Receive and process reconciliation and complain
request of payment accepting entities;
e) Request payment accepting entities to open
checking accounts at banks, foreign bank branches to receive payment for goods
and service provision. Request payment accepting entities to provide invoices
and payment documents for payments made at payment accepting entities in
accordance with regulations of payment service providers or when necessary to
examine legitimacy of the transactions;
g) Adequately provide information and documents on
payments made via payment accepting entities to SBV or competent authority when
requested;
h) Produce report on list of payment accepting
entities in accordance with guidelines of SBV. Payment service providers shall
submit reports on payment accepting entities suspected of fraud and violation
of the law using Appendix 4 attached hereto to SBV. Information is provided via
electronic means in accordance with connection techniques of SBV.
Criteria set for identifying payment accepting
entities suspected of fraud and violation of the law (hereinafter referred to
as “criteria set”) on the basis of consulting causes for suspicion are
promulgated under Appendix No. 4 attached hereto. Payment service providers must
regularly review, amend, and update the criteria set based on documents,
information, and data acquired throughout payment service provision and
monitoring, examination, supervision of operation of payment accepting entities
during execution of contracts and agreements.
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4. Where payment service providers allow payment
intermediary service providers to enter into contracts or agreements with
payment accepting entities, payment intermediary service providers must assume
all responsibilities to payment accepting entities in accordance with Clause 3
of this Article.
5. Payment service providers shall send notice to
SBV (via Payment Department) upon cooperating with international organizations
(organizations established overseas) in payment sector to ensure that the
cooperation complies with operating license issued by SBV, relevant law provisions,
and is legally accountable.
Article 21. Rights and
responsibilities of payment accepting entities
1. Payment accepting entities must publicly post
non-discrimination of price and no surcharge or extra fee required in respect
of goods and service payment made via cashless payment facilities relative to
cash. Payment accepting entities must refund or cooperate with payment service
providers in refunding amounts that are a result of rate difference and
surcharges illegally collected.
2. Payment accepting entities have the right to
request payment service providers to reconcile or file complaints in respect of
erroneous transactions or transactions suspected of being erroneous.
3. Payment accepting entities must regularly
inspect and supervise their payment equipment and devices (POS/mPOS/QR Code) at
payment and service locations to prevent illegal use thereof and assume
responsibilities for damage caused as a result of QR Code being swapped.
Chapter IV
IMPLEMENTATION
Article 22. Entry into force
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2. Clause 6 Article 6 hereof comes into force from
January 1 of 2025.
3. Payment service providers shall review
contracts/agreements on cooperation with payment accepting entities signed
before the effective date hereof to amend, collect additional documents,
information, and provide for customers in accordance with Article 20 and
Article 21 hereof before December 31 of 2024. Starting January 1 of 2025,
payment service providers must terminate services under contracts/agreements
with payment accepting entities that have not been reviewed or adequate
according to this Circular.
4. This Circular replaces Circular No.
46/2014/TT-NHNN dated December 31 of 2014 of Governor of SBV; Circular No.
38/2019/TT-NHNN dated December 31 of 2019 of Governor of SBV; annuls Article 3
of Circular No. 30/2016/TT-NHNN dated October 14 of 2016 of Governor of SBV.
Article 23. Organizing
implementation
1. Payment Department
a) Is responsible for monitoring, examining, and
cooperating with relevant entities in settling difficulties that arise during
implementation of this Circular;
b) Acts as liaison and cooperates with Bank
Supervision and Inspection Agency, Information Technology Agency in inspecting
compliance with regulations on provision of payment services outside of
checking account of customers of public postal service providers.
2. Bank Supervision and Inspection Agency, SBV
branches of provinces and central-affiliated cities
a) Are responsible for examining, inspecting, and
supervising compliance with this Circular and taking actions against violations
within their powers and informing Payment Department for monitoring;
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3. Chief of Office, Director of Payment Department,
Chief of Banking Inspection and Supervision, heads of entities affiliated to
SBV, SBV branches of provinces and central-affiliated cities, Chairpersons of
Board of Directors (Board of Members), General Directors (Directors) of payment
service providers are responsible for the implementation of this Circular.
PP. GOVERNOR
DEPUTY GOVERNOR
Pham Tien Dung
APPENDIX
NO. 1
(Attached to Circular No. 15/2024/TT-NHNN dated
June 28 of 2024 of Governor of SBV on cashless payment services)
……………………BANK
LIST OF OFFICIAL AUTHORIZED TO CONDUCT CASH
TRANSACTIONS WITH STATE BANK OF VIETNAM BRANCHES OF PROVINCES AND CITIES
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Bank: ……………………………………………… License No. ………………………
Business address: ……………………………. Business phone
number: ……………………
Name of checking account: ………………………………………………………………
Number of checking account: ………………………… at Central
Banking Department of SBV,
Hereby registers list and specimen signature of
officials authorized to deposit, withdraw, and transport cash via Inter - bank
Electronic Payment System at SBV branch of ………………:
No.
Authorized
official
First specimen
signature
Second specimen
signature
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Full name: ……………………………
Position: ………………………………
At: ……………………………………
Personal identification number (for ID Card,
Citizen ID Card)/9-digit ID Card number/(valid) passport number:
Date of issue: ………………
Valid until: ……………………………
Place of issue: …………………………
Phone number: …………………
Written authorization No. …… dated ……………
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2
Full name: ……………………………
Position: ………………………………
At: ……………………………………
Personal identification number (for ID Card,
Citizen ID Card)/9-digit ID Card number/(valid) passport number:
………………………………………
Date of issue: ………………….
Valid until: ………………………
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Phone number: …………………………
Written authorization No. …………… dated …………………
Term of authorization: ………………………………
3
….
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(location and
date)
LEGAL REPRESENTATIVE
(Signature, full name, seal)
VERIFICATION OF
SBV BRANCH
(specify that registration documents of credit institution have been
received)
(location and
date)
DIRECTOR OF SBV BRANCH
(Signature, full name, and seal)
APPENDIX
NO. 2
(Attached to Circular No. 15/2024/TT-NHNN dated June
28 of 2024 of Governor of SBV)
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(location
and date)
REPORT ON CASH DEPOSIT AND WITHDRAWAL AT STATE BANK
OF VIETNAM BRANCHES VIA INTER - BANK ELECTRONIC PAYMENT SYSTEM OF …………… (YEAR)
To: State Bank of
Vietnam
I. Number:
No.
Name of credit institution branch
CASH DEPOSIT
CASH WITHDRAWAL
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Reconciled transaction
Unsuccessful transaction
Successful transaction
Reconciled transaction
Unsuccessful transaction
Number of transaction
(item)
Value of transaction
(billion VND)
Number of transaction
(item)
Value of transaction
(billion VND)
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Number of transaction
(item)
Value of transaction
(billion VND)
Reason
Number of transaction
(item)
Value of transaction
(billion VND)
Number of transaction
(item)
Value of transaction
(billion VND)
Reason
Number of transaction
(item)
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Reason
1
………………….
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…………………..
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II. Evaluating results:
1. Advantages and disadvantages
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DIRECTOR OF SBV
BRANCH
(Signature, full name, and seal)
Instructions:
- Reporting period: From January 1 to December
31 of the reporting year.
- Reporting entity: State Bank of Vietnam
Branch.
- Recipient: Payment Department, Issue and
Payment Department of State Bank of Vietnam.
- Report deadline: By January 1 of the year
following the reporting year. Where the deadline of report submission time
limit falls onto holiday, Chinese New Year, or weekend, the deadline will be
the next working day.
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(Attached to Circular No. 15/2024/TT-NHNN dated June
28 of 2024 of Governor of SBV)
REPORTING ENTITY
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-------------
……………
(Location and date)
REPORT
ON PAYMENT SERVICE PROVISION
of ……… Period
(Quarter/Year)
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I. Payment services outside of checking accounts
of customers
(Report each type of service provided in detail)
1. Type of service provided, starting date
2. Number of customers using the service (by the
end of reporting period), business address.
3. Payment transactions made in each payment
service (in reporting period):
Total number of transactions, daily/monthly average
Total value of transaction, daily/monthly average
Total service fee collected from each payment
service.
4. In respect of COBO and POBO services, list of
goods and service providers entering into contracts/agreements on COBO and POBO
services with payment service providers, specific type of COBO and POBO
services.
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II. Difficulties and issues
III. Propositions and recommendations
Reporting
person
(Signature and full name)
Control person
(Signature and full name)
Legal
representative
(Signature, full name, and seal)
APPENDIX
NO. 4
(Attached to Circular No. 15/2024/TT-NHNN dated June
28 of 2024 of Governor of State Bank of Vietnam)
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LIST OF PAYMENT ACCEPTING ENTITIES SUSPECTED OF FRAUD
OR VIOLATION OF THE LAW
…………………(Location
and date)
No.
Identification number of payment accepting entity
Name of payment accepting entity
Registered business model
Electronic identification number/Tax identification
number (if any)
Address
Phone number
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Type of account
Account status
Cause of suspicion
Organization/business
Household business/individual business
Type of identification document
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Business registration number
Personal document number (legal representative)
Personal document number
- Date of issue:
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
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(11)
(12)
(13)
1
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2
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Note:
- Report deadline: Before the 10th
of each month.
- Report submission method: Via Information
system for managing, supervising, and preventing fraud risk in payment
activities of State Bank of Vietnam (SIMO).
Instruction:
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- Column 10: Specify type of account in number
(1, 2) as follows: 1. Business account; 2. Personal account.
- Column 12: Specify account status in number
(1, 2, 3, 4) as follows: 1. Suspended e-banking service; 2. Temporarily locked;
3. Frozen; 4. Closed.
- Column 13: Specify at least one reason in
number (1, 2, 3, 4, 5, 6, 7, 8) as follows:
1. Information in documents, dossiers of payment
accepting entity does not match that of the payment accepting entity in
National database on business registration/population. Legitimacy of documents,
information, and data in documents provided to payment service provider upon
signing cooperation contract is suspicious.
2. Payment accepting entity is named under list
of violation pertaining to tax evasion, fraud, failure to operate within
registered business line.
3. Suspicion of fictitious transaction is
established on a well-grounded basis (where goods and service procurement does
not occur).
4. Quantity, value, or frequency of transaction
does not match identification information corresponding to business model of
the payment accepting entity.
5. Checking account of payment accepting entity
receives money transfer orders that contain the following phrases such as:
“chuyển tiền cho Tòa án” (wire to Court), “Viện kiểm sát” (wire to Procuracy),
“Công an” (wire to police), “Thanh tra” (wire to inspector), “giao thông” (wire
to traffic police), “chuyển tiền phục vụ công tác điều tra” (wire for
inspection), etc.
6. Device ID, IP address with which mobile
banking app is installed or payment accepting device is changed.
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8. Other signs: specify as footnote.
SCHEDULE MAKER
(Signature and full name)
LEGAL
REPRESENTATIVE OF THE BANK
(Signature, full name, and seal)
Phone number:
Department: