THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom Happiness
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No.
1571/2005/QD-NHNN
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Hanoi,
October 31, 2005
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DECISION
ON
THE AMENDMENT, SUPPLEMENT OF SEVERAL ARTICLES OF THE REGULATION ON INTER-BANK
ELECTRONIC PAYMENT ISSUED IN CONJUNCTION WITH THE DECISION NO. 309/2002/QD-NHNN
DATED 9 APRIL 2002 OF THE GOVERNOR OF THE STATE BANK
THE GOVERNOR OF THE STATE
BANK
- Pursuant to the Law on the
State Bank of Vietnam in 1997; the Law on the amendment, supplement of several
articles of the Law on the State Bank of Vietnam in 2003;
- Pursuant to the Law on Credit Institutions in 1997; the Law on the amendment,
supplement of several articles of the Law on Credit Institutions in 2004;
- Pursuant to the Decree No. 52/2003/ND-CP dated 19/5/2003 of the Government
providing for the function, assignment, authority and the organizational
structure of the State Bank of Vietnam;
- Pursuant to the Decree No. 64/2001/ND-CP dated 20/9/2001 of the Government on
the payment activities through payment service suppliers;
- Pursuant to the Decision No. 44/2002/QD-TTg dated 21/3/2002 of the Prime
Minister on the use of electronic vouchers as accounting vouchers for the
accounting and payment of funds by payment service suppliers;
- Upon the proposal of the Director of the Banking Informatics Technology
Department,
DECIDES:
Article 1. To amend,
supplement several articles of the Regulation on inter-bank electronic payment
issued in conjunction with the Decision No. 309/2002/QD-NHNN dated 09/4/2002 of
the Governor of the State Bank as follows:
1. Paragraph 17 of Article 2
shall be amended, supplemented as follows:
17. Credit payment order shall be
a payment order of the sender to debit a certain amount of money to the senders
account at the sender bank, and to credit that amount to the receiver's account
at the receiver bank.
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i) To pay for valuable papers
that become due as provided for in paragraph 1, Article 27 of this Regulation;
3. Point c, paragraph 1 of
Article 20 shall be amended, supplemented as follows:
The phrase Assignment of the
approver (account holder or the authorized person) shall be changed into: In
respect of the approver (account holder or the authorized person; as for
members which are the State Bank, the approver shall be the Head of the unit or
the authorized person):
4. Paragraph 3 of Article 20
shall be amended, supplemented as follows:
3. After the approver has
completed the verification and stated his secrecy code in the payment order, it
shall be printed into 02 copies: one kept as voucher diary, one used as the
Debit or Credit advice for customers. Payment orders sent by member banks to
the Banking Operation Department, and thereafter, transmitted to the Electronic
money transfer system (EMT) of the State Bank, shall be printed into 02
additional copies to be used as accounting vouchers at the EMT system.
5. Article 23 shall be amended,
supplemented as follows:
a) The phrase Based on the List
drawn by electronic data to perform the control, accounting, auditing and
preservation shall be changed into: Based on the List drawn by electronic data
(according to forms No: IBP-10, IBP-11, IBP-12, IBP-13, IBP-14, IBP-15,
attached with this Regulation) as a basis for the control, accounting, auditing
and preservation.
b) Paragraph 3 and paragraph 4
shall be supplemented as follows:
3. To perform the accounting at
the Banking Operation Department
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+ In the event where a Credit
Order is sent to a beneficiary unit which is located in the same area with the
State Bank branch in province, city under the Central Governments management
which has participated in the Inter-bank Electronic Payment (IBP) system, the
Banking Operation Department shall base on the Credit Order to make following
accounting entries:
Debit: Deposit account of the
transferring unit;
Credit: Account Outgoing
inter-bank documents in current year (sub-account "Money transfer orders
received by the State Bank").
+ In the event where a Credit
Order is sent to a beneficiary unit which is located in the same area with the
State Banks branch in province, city under the Central Governments management
which has not participated in the Inter-bank Electronic Payment (IBP) system,
the Banking Operation Department shall base on the Credit Order to make
following accounting entries:
Debit: appropriate Account
(account Deposit of customer);
Credit: Account Outgoing
transfer in the current year
4. In the case where the Banking
Operation Department receives the Payment Orders from commercial banks for
transmitting to the EMT system (the balance of those payment orders has been
fully verified and debited to the account deposit of customer), but has not
sent the Outgoing Payment order because the time stipulated for sending the
Payment Order of the EMT system expires, due to the technical breakdown or other
objective reasons.
After the time where the daily
transfer of the Outgoing Payment Order of the EMT system is stopped, the
Banking Operation Department must inform immediately the Head Office of the
commercial banks of the Payment Orders which have not been sent and the reasons
thereof. The processing of Payment orders which have not been sent shall be
performed as follows:
a) To return the Payment order
to customers if they so require and the Banking Operation Department has
sufficient time to process. The return of the Payment order must be implemented
by drawing the Payment order in accordance with provisions in Article 38 of
this Regulation.
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Debit: Account Deposit of the
transferring unit;
Credit: Account Other payables
to customers
In the following working time,
where the break-down has been overcome, the Banking Operation Department must
immediately perform the money transfer and record it in the Book for following
up the money transfer vouchers which have not been transferred due to the
technical break-down or other objective reasons, and at the same time, settle
the amount which is temporarily stated in the account Other payables to the
customers and make following accounting entries:
Debit: Account Other payables to
the customers
Credit: Account outgoing
transfer in the current year
6. Point d, paragraph 2 of
Article 25 shall be amended, supplemented as follows:
d) Where the Payment order is
accepted, the Banking Operation Department shall use the Credit Payment order
drawn and sent by the Head office of commercial banks as a basis for the
control, then print it out, deduct from the deposit account of the Head office
of commercial banks at the Banking Operation Department and draw an outgoing
transfer order for the State Bank branches through the EMT system.
7. Paragraph 4 of Article 25
shall be amended, supplemented as follows:
4. Performance of reconciliation
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8. Paragraph 1 of Article 27
shall be amended, supplemented as follows:
1. Valuable papers which are
used for the deposit (hereinafter referred to as deposited valuable papers) for
the setting up of net debt limit in the clearing settlement include:
a) The State Treasury Bills;
b) The State Bank Bills;
c) The State Treasury Bonds;
d) Bonds for Central
Government's projects;
dd) Government Bonds for the
construction of the Motherland.;
e) Other valuable papers in
accordance with applicable provisions of the State Bank.
Article 2. This Decision
shall be effective after 15 days since its publication in the Official Gazette.
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FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Phung Khac Ke