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THE STATE BANK
OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
40/2014/TT-NHNN
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Hanoi, December
11, 2014
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CIRCULAR
ON
PROVIDING GUIDANCE ON PAYMENT AND MANAGEMENT OF DEPOSITS MADE BY OUTSOURCERS
Pursuant to the Civil Code dated in 2005;
Pursuant to the Labor Code dated in 2012;
Pursuant to the Law on the State bank of Vietnam
No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to Decree No. 55/2013/ND-CP dated May
22, 2013 of the Government on providing guidance on Clause 3 Article 54 of the
Labor Code on License for the outsourcing services, payment of deposit and List
of jobs entitled to provide outsourcing services (hereinafter referred to as
Decree No. 55/2013/ND-CP);
Pursuant to Decree No. 156/2013/NĐ-CP dated
November 11, 2013 of the Government on functions, tasks, entitlements and
structural organization of the State bank of Vietnam (hereinafter referred to
as the State bank);
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The Governor of the State bank issues the
Circular on providing guidance on payment and management of deposit made by
outsourcers
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular shall provide guidance on payment and
management of deposit made by outsourcers at commercial banks where their main
transactional accounts are opened (hereinafter referred to as the depositary
bank).
Article 2. Regulated entities
1. Outsourcers.
2. Depositary banks.
3. Any organizations and individuals involved in
payment of deposit for outsourcing services.
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SPECIFIC REGULATIONS
Article 3. Payment of deposit
and issuance of Certificate of deposit
1. When an outsourcer wishes to pay a deposit into
its account at a bank, the depositary bank and the outsourcer shall conclude an
agreement on deposit payment in accordance with regulations of this Circular
and corresponding regulations of law.
2. An agreement on deposit payment shall contain:
a) Names, addresses, representatives of the
outsourcer and the depositary bank;
b) Amount of the deposit;
c) Deposit interest rate;
d) Payment of the deposit interest ;
dd) Use of the deposit;
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g) Refund of the deposit;
h) Liability of related entities.
3. After receiving the deposit in full as
prescribed in Clause 1 Article 16 of Decree No. 55/2013/ND-CP, the depositary
bank shall grant the outsourcer a Certificate of deposit used for outsourcing
services (using form as prescribed in Appendix III issued together with Decree
55/2013/ND-CP).
Article 4. Management of
deposit
1. The depositary must freeze the deposit and
manage it in accordance with regulations of Decree No. 55/2013/ND-CP and
regulations of law on deposit.
2. The depositary bank shall deduct payments
and damages from the deposit in the cases prescribed in Clause 4 Article 22 of
Decree 55/2013/ND-CP.
3. The depositary bank shall monitor the use of the
deposit made by the outsourcer in accordance with regulations of law. In case
the balance of deposit account is lower than regulated rate, the depositary
bank shall request the outsourcer to make additional payment of deposit as
prescribed. Within 30 days from the day on which the deposit account is
withdrawn, if the outsourcer fails to pay additional deposit, the depositary
bank shall promptly notify the Ministry of Labor, War Invalids and Social
Affairs.
4. Every quarter, not later than the 15th
of the first month of next quarter, the depositary bank shall send a report to
the Ministry of Labor, War Invalids and Social Affairs and the State bank on
receipt of deposit from outsourcers within their banking system using the form
in Appendix IV issued together with Decree No. 55/2013/ND-CP.
Article 5. Deposit interest
rate and payment of deposit interest rate
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2. According to the agreement on deposit interest
rate stated in the agreement signed between the outsourcer and the depositary
bank, the bank shall determine and pay the interest on the deposit account
balance to the outsourcer as agreed.
Article 6. Procedures for
deposit withdrawal
1. An outsourcer which requests to withdraw a
deposit in the cases prescribed in Article 20 of Decree No. 55/2013/ND-CP shall
follow the procedures below:
a) Send an application for deposit withdrawal using
forms provided by the depositary bank together with documentary evidence;
b) Present permission to withdraw the deposit
issued by the Minister of Labor, War Invalids and Social Affairs ;
c) Present identification documents (ID number or
valid passport) of the lawful representative appointed by the outsourcer who
makes the deposit withdrawal. In case the person who makes the deposit
withdrawal is an authorized representative, he must present the letter of
authorization .
2. The depositary bank must verify documentary
evidence on deposit withdrawal and the above documents, and permit the
outsourcer to withdraw deposit if such documents are satisfactory.
Article 7. Procedures for
deposit refund
1. When an outsourcer requests a depositary bank to
make a refund of deposit, it must follow the procedures below:
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b) Present permission to withdraw the deposit
issued by the Minister of Labor, War Invalids and Social Affairs as prescribed
in Article 19 of Decree No. 55/2013/ND-CP;
c) Present identification documents (ID number or
valid passport) of the lawful representative of the outsourcer. In case the person who claims deposit refund is an
authorized representative, he must present the letter of authorization.
2. The depositary bank must verify documentary
evidence on deposit withdrawal and the above documents, the bank shall refund
the deposit to the outsourcer if such documents are satisfactory.
Chapter III
IMPLEMENTATION
Article 8. Responsibility of
the State bank-affiliated agencies
1. Department of payment must inspect, receives
reports on deposit for outsourcing services provided by depositary banks then
periodically send a report to the Governor of the State bank.
2. Banking supervision and inspection agencies and
Branches of the State bank of provinces must cooperate in inspection of
management of outsourcer's deposit at banks prescribed in this Circular and
corresponding regulations of law.
Article 9. Effect
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Article 10. Implementation
Chiefs of Office, Directors of Payment Department,
Chiefs of banking supervision and inspection agencies, Heads of the State
Bank-affiliated agencies, Directors of the State Bank branches of provinces;
Chairmen of the Board of Directors, Chairmen of the Board members, the General
directors (Directors) of commercial banks; General Directors (Directors) of
outsourcers are responsible for the implementation of this Circular. /.
PP. GOVERNOR
DEPUTY GOVERNOR
Nguyen Toan Thang