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THE
STATE BANK
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
448/2000/QD-NHNN2
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Hanoi,
October 20, 2000
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DECISION
ISSUING THE REGULATION ON THE COLLECTION OF VIA-BANK PAYMENT
SERVICE CHARGES
THE STATE BANK GOVERNOR
Pursuant to Vietnam State Bank Law No.
01/1997/QH10; Credit Institutions Law No. 02/1997/QH10 of December 12, 1997;
Pursuant to the Government’s Decree No. 15/CP of March 2, 1993 on the tasks,
powers and State management responsibilities of the ministries and
ministerial-level agencies;
In order to enable the banks to acquire funding to cover expenses for the
provision of payment services to their customers and contribute to developing
and diversifying forms of via-bank payment service;
At the proposal of the director of the Accounting and Finance Department,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on the collection of via-bank
payment service charges.
Article 2.- This
Decision takes effect from December 1st, 2000 in replacement of the State Bank
Governor’s Decision No. 162/QD-NH2 of August 19, 1993 on the collection of
via-bank payment service charges and Decision No. 297/QD-NH2 of September 9,
1997 on the collection of the charge for cash withdrawal by credit cards. All
previous regulations of the State Bank on the collection of payment service
charges, which are contrary to this Decision, are hereby annulled.
Article 3.- The director
of the State Bank’s Office, the director of the Accounting and Finance
Department, the chief inspector of the State Bank, the heads of the concerned
units under the State Bank, the directors of the State Bank’s branches in the
provinces and centrally-run cities and the general directors (directors) of
credit institutions shall have to implement this Decision.
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FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Nguyen Thi Kim Phung
REGULATION
ON THE COLLECTION OF VIA-BANK PAYMENT SERVICE CHARGES
(Issued together with Decision No. 448/2000/QD-NHNN2 of October 20, 2000 of
the State Bank Governor)
I. GENERAL PROVISIONS
Article 1.- Objects
and scope of application
1. This Regulation applies to the collection of
payment service charges by the State Bank and by the credit institutions
operating in the Vietnamese territory and permitted by the State Bank to
provide payment services.
2. The collection of payment service charges in
the payment relations between the State Bank, the credit institutions permitted
to provide international payment services and organizations, individuals
operating outside the Vietnamese territory shall comply with the international
rules and practices if such rules and practices are not contrary to the laws of
Vietnam.
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In this Regulation, the following terms shall be
construed as follows:
1. Banks mean the State Bank and the credit
institutions operating in the Vietnamese territory and permitted by the State
Bank to provide payment services.
2. Customers mean organizations or individuals
that have direct transactions with the banks regarding payment and transfer of
money via such banks according to current provisions of law.
3. Via-bank payment services (referred to as
payment services for short) mean operations performed by the banks at the
customers’ requests in order to directly serve the payment and transfer of
their money via such banks according to the State Bank’s current regulations.
4. Payment service charges mean sums of money
collected by the banks from the customers using payment services, prices or
charges for provision of payment services, exclusive of value added tax.
Article 3.- The scope
of and competence to set the payment service charge levels
1. The State Bank Governor shall set:
a/ The levels of payment service charge
collected by the State Bank in payment transactions with credit institutions
and State treasuries. These charge levels shall be only applicable to the
credit institutions and State treasuries (transaction offices, branches) that
open their accounts at the State Bank and have direct payment transactions with
the State Bank.
b/ The charge levels for a number of payment
services provided by the credit institutions to their customers in cases of
necessity for certain purposes in order to realize the State’s policies and
manage the banking operations.
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Article 4.- Before
applying the tables of payment service charge levels, the credit institutions
shall send them together with the criteria of content, conditions and mode of
service provision to the State Bank (the Accounting and Finance Department and
the State Bank’s Inspectorate) for monitoring and at the same time publicly
post them up at the transaction places for customers’ awareness.
Article 5.-
1. The banks shall only
collect charges at the levels in the table of payment service charge levels
already posted up, must not collect any other sums of money for the provision
of payment services, except for the case prescribed in Clause 2 of this
Article.
2. Where customers transfer money by telegraph,
telex or via the SWIFT system for payment to foreign parties or request to send
vouchers within the country or abroad by registered mail via express mail
service companies, the banks may collect also telegraph charges, postage or
express mail service charges at the rates set by the providers of these
services.
3. The banks shall not refund the collected
payment service charges in cases where the payment services are cancelled at
the customers’ requests or cannot be fulfilled due to errors or incidents not
caused by the banks and the banks have dealt with such errors or incidents
according to their prescribed responsibility.
II. SPECIFIC PROVISIONS
Article 6.- Types of
payment services for which the banks are allowed to collect service charges
1. Providing payment instruments, including
checks, bank cards, proxy of collection, proxy of payment and other payment
instruments used for conducting via-bank payment transactions according to the
current payment regimes.
2. Domestic payment services for customers,
including:
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- Transfer of budgetary grants, capital
transfer;
- Transfer of money to other banks’ units for
use;
- Payment of wages into accounts;
- Requests to cancel or modify money transfers;
- Domestic entrusted collection and payment;
- Other domestic payment services for customers
in compliance with current provisions of law.
3. International payment services for customers,
including:
a/ Transfer of money abroad (including transfer
of money abroad for payment of letters of credit payable on demand or subject
to deferred payment);
b/ Receipt of money transferred from abroad;
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- Entrusted collection by foreign countries,
including receipt, processing and sending of vouchers abroad for entrusted
collection, and payment of the entrusted collection results;
- Cancellation of entrusted collection at the
requests of domestic entrustors, being either individuals or organizations;
- Entrusted collection for foreign countries;
- Converting traveler’s checks into foreign
currencies in cash.
d/ Other payment services with foreign
countries, which the banks are permitted to provide according to the
regulations of the State Bank.
Article 7.- Cases where
the banks are not allowed to collect payment service charges
1. Sums paid directly between the customers and
the banks where they open accounts for payment of debts, interests, service
charges, payment for purchase of print papers or payment instruments.
2. Sums borrowed or repaid by credit
institutions when participating in the inter-bank market.
Article 8.- Calculation
and collection of value added tax upon collection of payment service charges
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2. The credit institutions may calculate and add
up value added tax when collecting payment service charges according to current
regulations of the Ministry of Finance.
Article 9.- Units
collecting and paying payment service charges
1. For the service of supplying payment
instruments, the banks that supply (sell) payment instruments shall collect
service charges from customers wishing to use such instruments.
2. For domestic payment services for customers:
a/ For payment and transfer of money by proxy of
payment, credit transfer or cash payment orders, payment checks for transfer:
the banks serving the money transferors shall collect payment service charges
from the customers being the money transferors.
b/ For payment in check or proxy of collection:
the banks serving the payers shall collect payment service charges from the
customers being payers; for debt transfer orders, the banks serving the order
issuers shall collect payment service charges from the customers being the
order issuers.
c/ Clearing payment in the same province or
centrally-run city and the electronic clearing payment zone: The State Bank
assuming the prime responsibility for clearing payment shall collect charges
from the paying member banks;
d/ Domestic entrusted collection service for
checks, proxy of collection, domestically-issued and -paid negotiable
instruments: The banks serving the beneficiaries (entrusted collectors) or the
banks serving the payees shall collect service charges from individuals or
units that submit checks, proxy of collection or negotiable instruments for
entrusted collection.
3. For international payment services for
customers:
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b/ The banks serving the beneficiaries shall
collect payment service charges from the customers being the beneficiaries;
c/ The service of entrusting foreign countries
to collect checks, foreign currencies being not up to standards for
circulation, document sets for domestic customers: The banks serving the payers
or money claimants shall collect entrusted collection service charges from the
payers or money claimants for the receipt, processing and sending of vouchers
abroad for entrusted collection and for payment of the entrusted collection
results;
d/ The service of entrusted collection for
foreign countries: The banks serving the payers shall collect charges for this
service from the customers being the domestic payers for the receipt and
processing of the entrusted collection for foreign countries and for the
payment (transfer of money) to foreign countries.
4. For other payment services: The banks may
negotiate directly with the customers that wish to use these services in order
to determine the units that shall collect and pay payment service charges on
the principle of voluntariness and non-affecting of the concerned parties
interests.
Article 10.- Modes of
collecting and paying payment service charges between the banks and the
customers
1. Between the credit institutions and the
customers: The credit institutions may collect payment service charges in two
ways:
a/ Collecting charges for each payment service
provided by the credit institutions: Applicable to customers that do not have regular
transactions with the credit institutions. In this case, the credit
institutions shall return immediately the service charge collection vouchers to
the paying customers according to current regulations;
b/ Collecting charges periodically under contracts
signed between the credit institutions and their customers: At the end of the
period agreed upon by the credit institutions and their customers, the credit
institutions shall draw up lists of amounts already paid by the customers in
the period for use as basis for calculation of the to be-collected service
charges, make vouchers on their own for making deductions from the customers’
accounts to collect the payment service charges and send debt notices to the
customers. If the customers fail to pay payment service charges to the credit
institutions according to the schedule as already agreed upon, they may be
fined for late payment according to current payment regulations.
2. Between the State Bank and its customers
being credit institutions and State treasuries: Once every month, the State
Bank shall make up lists of payments made via the State Bank by the customers
having payment transactions in order to calculate the to be-collected service
charges, make on their own vouchers for making deductions from the customers’
accounts to collect service charges and send debt notices to the customers
according to regulations.
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1. Among the credit institutions’ units of the same
system (transaction offices and branches): The collection and payment
(regulation) of payment service charges among the credit institutions’ units of
the same system shall be stipulated by the general directors (directors) of
such credit institutions for their respective systems.
2. The credit institutions may negotiate
directly with one another on the collection and payment of payment service
charges for payments arising or received directly from one another or through
clearing payment organized (sponsored) by the State Bank.
Article 12.- Currencies
and vouchers used in the collection of payment service charges
1. Currencies used in the collection of payment
service charges
a/ For domestic payment services provided in
Vietnam dong: The currency used for paying payment service charges shall be
Vietnam dong.
b/ For payment services with foreign countries
or domestic payment services permitted to be provided in foreign currencies:
Customers may pay charges in the US dollar (USD) or in Vietnam dong (VND) or other
foreign currencies as agreed upon with the banks serving them and in compliance
with the legislation on foreign exchange management.
2. Vouchers used in the collection of payment
service charges: The banks must comply with the current Regulation on accounting
vouchers of banks and credit institutions, issued by the State Bank Governor.
a/ The State Bank’s vouchers used in the
collection of payment service charges shall not contain tax-related contents;
b/ The credit institutions’ vouchers used in the
collection of payment service charges shall comply with the current regulations
of the Ministry of Finance on added value invoices and vouchers.
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Organizations and individuals that violate the provisions
in this Regulation shall, depending on the nature and seriousness of their
violations, be disciplined, administratively handled and, if they cause any
damage, pay compensation according to law provisions.
III. IMPLEMENTATION PROVISIONS
Article 14.- Any
amendments or supplements to this Regulation shall be decided by the State Bank
Governor.