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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 80/2016/ND-CP
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Hanoi,
July 1, 2016
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DECREE
ON AMENDMENTS TO
GOVERNMENT'S DECREE NO. 101/2012/ND-CP DATED NOVEMBER 22, 2012 ON NON-CASH
PAYMENTS
Pursuant to Law on Organization of the
Government dated June 19, 2015;
Pursuant to the Law on the State bank of Vietnam dated June 16, 2010;
Pursuant to the Law on credit institutions dated
June 16, 2010;
Pursuant to the Law on employment dated November
26, 2005;
Pursuant to the Law on negotiable instruments
dated November 29, 2005;
Pursuant to the Law on State budget dated June
25, 2015;
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The Government promulgates a Decree on
amendments to Government's Decree No. 101/2012/ND-CP dated November 22, 2012 on
non-cash payments.
Article 1. Amendments and repeal of a number of
articles of Government's Decree No. 101/2012/ND-CP dated November 22, 2012 on
non-cash payments
1. Clauses 4, 5, 6, 7 and 8 Article 4 shall be
amended as follows:
“4. Providers of payment intermediary services are:
a) Organizations other than banks that are issued
with the licenses to provide payment intermediary services by the State bank;
b) Commercial banks, branches of foreign banks that
are permitted to provide digital wallets.
5. Payment account owner (hereinafter referred to
as account owner) is the person that opens an individual's account or the
organization that opens an organization’s account.
6. Non-cash payment instruments in payment
transactions (hereinafter referred to as payment instruments), including:
Cheques, payment orders, collection orders, bank cards and other payment
instruments as prescribed by the State Bank.
7. Illegal payment instruments are payment
instruments not included in Clause 6 of this Article.
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2. Clause 6 Article 6 shall be amended as follows:
“6. Issuing, providing or using illegal payment
instruments.”
3. Clause 1 Article 8 shall be amended as follows:
“1. The State bank shall open payment accounts for
State Treasuries, credit institutions, and branches of foreign banks as
prescribed in Clause 2 and Clause 3 Article 27 of the Law on the State bank of
Vietnam, Clause 4 Article 55 of the Law on State budget and Article 101,
Article 109, Article 114, Clause 4d Article 118, and Article 121 of the Law on
credit institutions."
4. Clause 2 Article 10 shall be amended as follows:
“2. The account openers being individuals must have
legal personality and legal capacity; or persons aged 15 to under 18. Persons
aged under 15, legally incapacitated persons, limited legal capacity persons,
person with limited recognition and behavior control as prescribed in
Vietnamese law may open payment accounts with their guardians or legal
representatives.”
5. Point b Clause 2 Article 12 shall be amended as
follows:
b) The provider of non-cash payment intermediary
services finds mistakes during the money transfer. The sum of money that is
blocked on the payment account may not exceed the mistaken sum of money.”
6. Point c Clause 2 Article 12 shall be annulled.
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“3. Payment services not via customers’ payment
accounts, including: money transfer, collection order, and payment order.”
8. Points a, b, dd, e, g, and h Clause 2 Article 15
shall be amended as follows:
"a) Having an establishment license or
enterprise registration certificate issued by a competent authority;
b) Having an approved plan for payment intermediary
service provisions in accordance with the regulations on investment authority
prescribed in their charter, in which at least contains: a process of
operations of the requested services; a regime for solvency ratio; a process of
internal inspection; risk management, assurance of safety and security; general
rules and internal regulations on prevention and fighting against money
laundering; procedures for actions against trace requests, complaints and
dispute; rights and obligations of relevant parties in the process of service
provision;
dd) Technical requirements: There are facilities
and technical infrastructure, information technology system and technology
solutions that satisfy the requirements for provision of payment intermediary
services; back-up technical system independent from the primary system that
ensures the safe and continuous service provision when the primary system has
problems and in accordance with regulations on safety and security of
information technology system in banking operations;
e) With regard to the financial switching, clearing
services, the service provider must have the payment between relevant parties
settled by another service provider.
g) With regard to payment services provided for a
customer holding accounts in multiple banks, the service provider must
associate with a provider of switching and clearing services licensed by the
State Bank to provide such services during the process of intermediary payment
services;
h) During the process of service provision, the
provider of payment intermediary services must have an administrative
accounting information system to ensure the supervision of sources of funds,
asset and outcomes of the payment intermediary services.”
9. Clause 3 and Clause 4 Article 15 shall be
amended as follows:
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4. Any commercial banks or branches of foreign
banks that provide digital wallet services shall be subject to the management
and inspection of the State Bank.”
10. Point dd and e Clause 2 Article 16 shall be
amended as follows:
“dd) The documents on personnel: Curricula vitae,
authenticated copies or copies issued according to master register or copies
with the presentation of originals for collation of the qualifications proving
the capability and proficiency of the legal representative, General Director
(Director), Deputy General Director (Deputy Director) and the senior officers
that execute the Scheme for the provision of payment intermediary services;
e) The establishment license or the enterprise
registration certificate issued by a competent authority, charter of
organization and operation (authenticated copies or copies issued according to
master register or copies with the presentation of originals for collation).”
Article 2. Effect
This Decree comes into force from July 1, 2016.
Article 3. Implementation
Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, the Presidents of the People’s Committees of
central-affiliated cities and provinces and relevant organizations or
individuals shall implement this Decree./.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc