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THE
STATE BANK
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
03/2002/TT-NHNN
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Hanoi,
April 05, 2002
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CIRCULAR
GUIDING THE
MANAGEMENT OF COLLATERAL DEPOSITS OF TOUR BUSINESS ENTERPRISES
In furtherance of Article 4 and Article 6 of the
Government’s Decree No. 27/2001/ND-CP of June 5, 2001 on tour business and
tourist guide, the State Bank hereby guides in detail the management of
collateral deposits of tour business enterprises at commercial banks as
follows:
I. OBJECTS AND SCOPE OF REGULATION
1. This Circular applies to commercial banks
operating in Vietnam
(hereafter called banks for short).
2. The opening of accounts and payment of
collateral deposit by enterprises for tour business activities in Vietnam
must strictly comply with the provisions of this Circular and the procedures
for money deposit and payment prescribed by banks in accordance with the
current legislation.
II. OPENING, USE AND MANAGEMENT OF TOUR
BUSINESS COLLATERAL DEPOSIT ACCOUNTS
3. The collateral deposits of tour business
enterprises must be deposited into accounts (frozen) at the banks (where
enterprises open their principal transaction accounts), and the enterprises
must not use these collateral deposit amounts while conducting tour business
activities.
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4.1. Not to use the tour business deposit
amounts for the wrong purposes, enterprises shall be entitled
4.2. Always to maintain the adequate account
balance strictly according to regulations; in cases where this account balance
is lower than the prescribed level, enterprises must additionally deposit money
in order to reach the prescribed level of collateral deposit.
4.3. To fully and strictly abide by the current
regulations on the use of these collateral accounts such as account opening,
money deposit, additional deposit, etc.
5. Responsibilities of banks
5.1. To guide tour business enterprises in
strictly implementing the regulations on account opening, making collateral
deposit into accounts and use of accounts, as well as the regulations relating
to these accounts.
5.2. To freeze the tour business collateral
deposits and
5.3. To grant tour business collateral deposit
certificates to enterprises.
5.4. In cases where enterprises breach contracts
or when unexpected risks occur to tourists and the enterprises must pay
compensation for the damage under the decisions of the competent State agencies
(agencies in charge of State management over tourism or courts), banks may
deduct from the collateral deposit account in order to effect that payment
after subtracting the banking service charges.
5.5. To request enterprises to make additional
cash deposits to the prescribed level within 01 month (as from the date the
money is deducted from the collateral deposit account for payment and/or
compensation to tourists). Past the above-said timelimit, if enterprises fail
to do so, the banks shall notify such to the National Administration of Tourism
or the Tourism Services of the provinces or cities where the enterprises are
headquartered in order to take measures for handling.
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- Where the National Administration of Tourism issues
notices on the non-granting of international tour business permits to
enterprises;
- Where the National Administration of Tourism
issues decisions to withdraw international tour business permits of
enterprises;
- Where the business registration agencies issue
decisions to withdraw business registration certificates or cross the tour
business line from enterprises business registration certificates.
III. REPORTING INFORMATION AND HANDLING OF
VIOLATIONS
6. Quarterly, on the 15th day of the first month
of the subsequent quarter at the latest, the commercial banks, which receive
the tour business collateral deposits, must fully make and send reports to the
State Bank (The State Bank’s Inspectorate) on the reception of tour business
collateral deposits by their respective banks.
7. Banks and enterprises which commit acts of
violating the regulations of this Circular shall, depending on the seriousness
of their violations, be handled according to current law provisions.
IV. IMPLEMENTATION PROVISIONS
8. This Circular takes implementation effect
after its signing.
9. The heads of the units attached to the State
Bank, the chairmen of the Managing Boards and the general directors (directors)
of commercial banks shall have to organize and guide the implementation of this
Circular.
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THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Nguyen Thi Kim Phung
APPENDIX NO. 1
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
...............,date..............
CERTIFICATE OF PLEDGED DEPOSITS FOR
TRAVELLER'S BUSINESS
Pursuant to Circular No. /2002/TT-NHNN date / /2002 of the State Bank
of Vietnam "guiding the management of pledged deposits for traveller's
business".
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Address:
Contacting telephone:
To certify that the enterprise:
Address of Head-office:
Account holder:
Position of account holder:
Has pledged a deposit with total
amount of:
Amount in words:
At bank:
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Account:
The interest rate: Demand
deposit rate
BANK (BANK'S BRANCH)...............
Manager
(Signature, name in full and seal)
APPENDIX NO. 2
REPORT
ON THE PERFORMANCE OF THE RECEIPT OF PLEDGED DEPOSITS FOR TRAVELLER'S BUSINESS
(Report of quarter.....year....)
To: The State Bank of
Vietnam
(the Inspector of the State Bank)
Name of Bank
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Telephone No.: Fax No.:
Name
of enterprise (Account holder)
Deposit
amount
I. ENTERPRISES DOING DOMESTIC
TRAVELLER'S BUSINESS
1.
2.
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II. ENTERPRISES DOING
INTERNATIONAL TRAVELLER'S BUSINESS
1.
2.
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General Manager (Manager)
(Sign and seal)
Note: In case where commercial bank's branches receive the pledged
deposit for traveller's business they shall make and submit this report to
their Head-office for consolidation and submission of consolidated report to
the State Bank.