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STATE BANK OF
VIETNAM
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom – Happiness
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No.
309/2002/QD-NHNN
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Hanoi, April 09th,
2002
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DECISION
ON
THE ISSUANCE OF THE REGULATION ON INTER-BANK ELECTRONIC PAYMENT
THE GOVERNOR OF THE STATE BANK
Pursuant to the Law on the State Bank of
Vietnam No. 01/1997/QH10 and the Law on Credit Institutions No.02/1997/QH10
dated 12 December, 1997;
Pursuant to the Decree No. 15/CP dated 2 March, 1993 of the Government
providing for the assignment, authority and responsibility for the State
management of the Ministries and ministerial-level agencies;
Pursuant to the Decree No. 64/2001/ND-CP dated 20 September, 2001 of the
Government on the payment activities through payment service suppliers;
Pursuant to the Decision No. 44/2002/QD-TTg dated 21 March, 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
proposals of the Director of the Banking Information Technology Department,
DECIDES
Article 1. To
issue in conjunction with this Decision "the Regulation on inter-bank
electronic payment".
Article 2. This
Decision shall be effective after 15 days from the date of signing.
Article 3. The
Head of the Administration Department, Heads of units of the State Bank,
General Manager of the State Bank branches in provinces and cities under the
central Government's management, General Director (Directors) of payment
service suppliers shall be responsible for the implementation of this Decision.
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FOR THE GOVERNOR OF
THE STATE BANK
DEPUTY GOVERNOR
Nguyen Van Giau
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)
Chapter I.
GENERAL
PROVISIONS
Article 1. Subject and scope of application
The Regulation on inter-bank electronic
payment shall provide for issues relating to the management, operation and use
of the inter-bank electronic payment system to carry out the payment and
settlement between units participating in this payment system.
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In this Regulation, following terms shall be
construed as follows:
1. Inter-bank electronic payment (abbreviated
as IBP) shall be the process of treatment of inter-bank payment operations from
the initiation of the payment order until the completion of payment to the
payee, which is performed through the computer network.
2. Inter-bank electronic payment system shall
be an integral system including: the inter-bank clearing payment system, the
payment account processing system and interface gateway with the electronic
money transfer system of the State Bank (abbreviated as EMT).
3. Inter-bank clearing system shall be a
system of processing of domestic inter-bank electronic payments in VND and in
foreign currencies.
4. High value sub-system shall be a
sub-system of the IBP system for the real time performance of gross settlement
of high value payments and urgent payments.
5. Low value sub-system shall be a sub-system
of IBP system for the performance of low value payments.
6. National payment center shall be the
center located in the Central Bank that performs the IBPS's functions such as:
the function of high value sub-system, the transition function of low value
sub-system, the function of payment account processing, interface with the EMT
system and functions of the system control; including hard-ware, soft-ware and
communication.
7. Provincial processing center shall be a
center located in the State Bank branch in provinces, cities and the Banking
Operation Department (abbreviated as BOD) that performs the function of
processing of payment orders of the low value sub-system, transition function
of high value sub-system within the IBP system.
8. Systematic operation center shall be a
constituent part of the national payment center that undertakes the management
and control functions of the IBP system.
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10. Direct member unit (abbreviated as a
member unit) shall be a unit of members that are directly connected to the IBP
system.
11. Indirect members shall be payment
services suppliers entitled to participate in the IBP system through direct
members.
12. Order sender shall be an organization or
an individual that delivers the payment order.
13. Order receiver shall be an organization
or an individual that receives the payment order.
14. Drawing unit shall be a member or a
member unit that draws and deals with the payment order (out-coming) on behalf
of an order sender.
15. Receiving unit shall be a member or a
member unit that receives and deals with the payment order (incoming) on behalf
of an order receiver
16. Payment order shall be a message made by
a member unit and used for payment in the IBP system. The payment order may be
an amount that is credited or debited.
17. Credit payment order shall be a payment
order of an order sender used to debit a certain amount of money to his account
at the drawing unit, and to credit that amount to the receiver's account at the
receiving unit.
18. Debit payment order shall be a payment
order of an order sender used to debit a certain money amount to the receiver's
account at the receiving unit, and credit that amount to the order sender's
account at the drawing unit.
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20. Low value payment order shall be a debit
payment order with an amount of money less than stipulated level on high value
payment.
21. Urgent payment order shall be a credit
payment order with low value that is transferred urgently upon customers'
request.
22. Message shall be electronic information
reflecting the content of a payment order or notifying of the payment and is
transmitted through the computer network between units participating in the IBP
system.
23. Message of confirmation shall be
electronic information used to confirm the status of payment orders in the IBP
system.
24. Settlement shall be the determination and
payment of residual value between related members to complete their payment
obligations.
25. Real time gross settlement shall be the
performance of payment obligations between members or member units on the basis
of making immediate settlement of each payment amount.
26. Settlement of low value clearing results
(referred to as clearing settlement) shall be the performance of payment
obligations between parties to the direct clearing payment after the setting
off total receivable amounts and payable amounts.
27. Net debit limit shall be the maximal
value provided for low value payment operations to be cleared in the clearing
settlement.
28. Codification shall be a mode of
information conversion, which makes that information incomprehensible to
impermissible persons with the view to keeping the secret of information.
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30. User shall be the person who operates the
IBP program in accordance with his assignment.
Article 3. Main functions of the IBP system:
1. To perform the high value payment;
2. To perform the low value payment;
3. To perform the settlement, including the
real time gross settlement and clearing settlement;
4. To process the interface with the EMT
system.
Article 4. Vouchers
used in the IBP
1. Payment orders shall be prepared on the
basis of vouchers used in the IBP in accordance with current regime.
2. Vouchers used in the IBP shall be payment
orders in paper or in form of electronic vouchers.
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Article 5. Accounts
used in the IBP system.
- Payment accounts of members;
- Account "Clearing payment";
- Account "Collection, payment in lieu
of customers";
- Other appropriate accounts
1. In respect of members
a. At the Head-office, following accounts
shall be used:
- Account "Collection, payment in lieu
of customers" (each member unit participating the IBP system shall be
provided with a detailed account).
- Account "Clearing payment";
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* In respect of members without branches
shall not be permitted to open the account "Collection, payment in lieu of
customers".
b. At member units, following accounts shall
be used:
- Account "Collection, payment in lieu
of customers" (detailed account shall be opened for making payment with
the Head-office)
- Account "Clearing payment".
- Payment account.
- Other related appropriate accounts (Account
"Deposit of customers", other internal accounts)
2. In respect of the National payment center,
following accounts shall be used:
a. Payment account of members participating
in the IBP.
b. Account "Clearing payment";
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Article 6. Debit
payment in the IBP system
1. The Debit payment in the IBP system shall
be the treament of following debit payments in the internal system of the State
Bank and considered as the authorised debit transfer (the Contract of debit
transfer is not required):
a. To transfer the cash, payment notes (in
compliance with the order of competent authorities) between units of the State
Bank;
b. To transfer the deficient differences (the
counted amount is actually less than the amount stated in the voucher) on
transfer of cash, payment notes between units of the State Bank in accordance
with the minutes on the counting result of the Council of counting and
delivery;
c. To make payment of transfer cheques,
letter of credit issued by the State Bank;
d. To charge for the assignment of important
printed paper between units of the State Bank;
e. To pay for the purchase of foreign
currencies for the State Bank;
g. To transfer the receipt differences that
are less than payment differences of the State Bank 's units to the BOD after
the settlement has been approved;
h. To transfer the residual value (that has
not been amortized completely) of fixed assets when the liquidation and
transfer are permitted.
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k. To make debit payment in cases of refusing
the acceptance of debit payment order and transition of the settled data of
money transfer;
l. The debt transfer of advances that must be
supported by written proposal of the Heads of the units of the State Bank
within permitted scope of regime on advances.
2. The debts transfer between members that
are credit institutions must be authorized in advance and accepted in writing
by the State Bank.
Article 7. Provisions
on high value payment and low value payment
1. High value payment shall be a payments
with the value of from VND 500,000,000 (five hundred million VND) and more.
2. Low value payment shall be a payment with
the value of less than 500,000,000 (five hundred million VND).
Chapter II.
MEMBER
Article 8. Membership
conditions
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1. Having a payment account at the Banking
Operation Department;
2. Maintaining the balance of payment account
to secure the performance of the clearing settlement through the IBP system;
3. Setting up, maintain and manage net debit
limit and comply with sufficient provisions on the deposit of valuable paper at
the State Bank.
4. Registering name, position, sample
signature and contact address of officers who are assigned or authorized to
perform the IBP of their unit;
5. Registering terminal access device and
communicative channel that members shall use when participating in the system
and securing the good operation of terminal access devices and soft-ware of the
IBP system;
Units of the State Bank system, shall only be
required to comply with paragraphs 4, 5 of this Article.
Article 9. Procedures
for the participation in and withdrawal from the system
1. Payment services suppliers wishing to
participate in the IBP system shall submit an application for the participation
in the system (Form No. IBP-01) to the Executive Committee of the IBP system.
2. Members and member units wishing to
withdraw from the IBP system shall submit an application for the withdrawal
from the system to the Executive Committee of the IBP system 2 weeks prior to
the planed date of the withdrawal from the IBP system (Form No. IBP-02).
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Upon receipt of the notice from the Executive
Board on the acceptance of the application for the withdrawal from the system,
members and member units shall stop the participation in the system at the time
stipulated by the Executive Board.
4. In respect of member units or indirect
members of any direct member, those direct members shall register the list of
units participating in the IBP system (Form No. IBP-03) and submit to the
Executive Committee for the consideration and approval.
Article 10. Fees and fee management in the IBP
- Expenses for construction, installation
and maintenance, development and operational improvement of parts in the system
which belongs to the State Bank shall be paid by the State Bank. Expenses for
construction, installation and maintenance, development and operational
improvement of parts in the system which belongs to members shall be paid by
those members.
- The service fee level for payment
operations shall be applied in accordance with current provisions.
- The treatment of other related fees shall
be decided upon by the Executive Committee of the IBP system.
Chapter III.
PROVISIONS
ON THE MANAGEMENT AND OPERATION OF THE SYSTEM
Article 11. The Executive Committee of the IBP system
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- O1 Deputy Governor of the State Bank shall
be Committee Head;
- Representatives of Heads of following
units at the Head office of the State Bank and following Commercial Bank shall
be members:
+ The Finance & Accounting Department
+ The Credit Department
+ The Monetary - Policy Department
+ The Legislation Department
+ The Banking Operation Department
+ The Banking Information Technology
Department
+ The Industrial-Commercial Bank of Vietnam
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+ The Investment and Development Bank of
Vietnam
+ The Agriculture and Rural Development Bank
of Vietnam.
2. Authorities and responsibilities of the Executive
Committee:
a. To direct regular activities of the IBP
system;
b. To solve all issues relating to the
operation of the IBP system;
c. To deal with disputes;
d. To approve programs, organize and take the
lead in meeting sessions of the Executive Board and member conferences;
e. To approve the participation in, the
suspense or withdrawal from the IBP system of members and member units.
g. To make decision on the solution of
important issues relating to the IBP system.
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Payment orders in the IBP system shall be
drawn in form of electronic vouchers in accordance with provisions of the State
Bank. During the usage process, members or member units shall verify and take
full legal responsibilities for illegal use of vouchers. Following information
shall need verifying:
1. Type and form of data;
2. Legality (authorization) of data
compilers;
3. Date, month of general verification;
4. The uniqueness;
5. Compulsory elements for a payment order;
6. Code of confirmation message.
7. Code of participating units, code of
terminal access devices and code of approvers.
Article 13. Working time applicable to the IBP.
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a. Cut off time for the receipt of daily payment
vouchers of units from customers shall fall on 15:30 p.m. of the working day.
Vouchers received after 15:30 p.m. shall be processed on following working day;
b. The cut-off time for daily payment orders
of units shall fall on 15:45 p.m. of the working day;
c. Time for completing daily works of entire
system shall fall on 16:30 p.m. of the working day.
2. Members participating in the IBP system
shall comply with provisions on above-mentioned time applicable to the
inter-bank electronic payment to ensure the payment being made conveniently,
accurately, timely and in an asset secured-manner.
3. Change of working time
The change of working time shall be decided
upon by the Executive Committee in conformity with payment request and shall be
informed in advance to members and member units.
Article 14. Diary-entry of operations
The settlement process of operations shall be
automatically imported in diary data files by the IBP system. Periodically,
diary files shall be saved in information carriers (magnetic tapes, floppy
discs, hard discs, CD-ROM) and be preserved in accordance with provisions of
current regime as in the case of preservation of electronic vouchers. In
necessary cases (inspection, control, dispute settlement, etc...), units shall
be responsible for presenting diary files to competent authorities. The
diary-entry shall be provided for as follows:
1. In respect of each member, member unit,
the diary-entry shall be made for operation requests and result message;
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Article 15. User control
The issuance and management of secrecy code
for the participation in the IBP system:
1. Secrecy codes are divided into 2 types:
- Secrecy code for the preparation of
payment order and internal control;
- Secrecy code for approval competence.
2. Authority of secrecy codes management is
delegated as follows:
- Members and member units shall issue and
manage secrecy codes for the preparation of payment order and internal control;
- The National payment center shall issue
and manage secrecy codes for approval authority.
3. Any person who is provided with the code
shall be responsible for use and preservation in accordance with applicable
provisions, in case where the code is revealed or is suspected to be revealed,
he must immediately inform competent authorities to make timely procedures for
change.
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Article 16. Inquiry and reconciliation
1. Inquiry
Members and member units shall make inquiry
on information of accounts' balance and their related information by sending
message requesting for the inquiry. The system shall automatically verify the
validity of these requests and provide response information.
2. Reconciliation
The reconciliation shall be made daily at the
end of a working day:
a. The data that have been accounted during a
day at the National payment center and provincial processing center shall be
original basis for the reconciliation of payment results;
b. In principle, entire arising payment
orders shall be reconciled for the correctness between data at the National
payment center, provincial processing center and those of member units in a
day, except for irresistible cases such as technical breakdown of information
transmission;
c. The reconciliation of payment orders shall
be made for each separate day. In case of breakdown that makes the reconciliation
impossible to complete in a day as provided, it shall be put off to the
following working day after the breakdown has been overcome. The reconciliation
shall, however, reflect payment orders for the day when they occurred, despite
the fact that it is performed in the following working day;
d. Provincial processing center shall get
data of inter-provincial payment orders from the National payment center and
combine with the data of payment orders in the area under its management to
transfer to member units for reconciliation;
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In case of difference, member units shall
inform and cooperate with provincial processing center and the National payment
center for settlement.
Article 17. The extension of operating time
In case, due to work requirements, the
occurrence of errors in the system of the National payment center, provincial
processing center, member units or due to other reasons that affect the payment
process, the temporary operating time may be extended; The extension of
operating time shall be decided upon by the Executive Committee of the system
and be notified to all units in the system.
Article 18. Transmission of files and messages
Besides payment orders, the system also
deals with:
1. All types of data files or messages which
are transmitted through the IBP system
a. Files or messages requesting for the
confirmation;
b. Files or messages on clearing results;
c. Reporting files or reporting message;
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e. Files or message on operations (through
interface gateway) between the IBP system and the EMT system.
2. Requests for the transmission of file or
message
a. Files or messages shall be automatically
codified on delivery and decoded on receipt;
b. Files or messages shall, depending on
their type, be verified for the validity in accordance with following elements:
- Structure of file or message and
compulsory elements,
- Examination number on quantity of payments
and money amounts.
3. Changes in form of file and message
Operation files or messages between the IBP
system and EMT system shall be automatically converted into appropriate forms
before sending or after receiving.
Article 19. Operation of provision system
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a. In case where the National payment center
suffers from irresistible breakdowns such as nature calamity, enemy-inflicted
destruction (disaster) etc, the Head of Executive Committee of the system shall
make decision on switching moving to the back-up system.
b. All data and processing results in the
back-up payment center shall have the same legal validity as for the main
payment center.
c. The switching of operation to the main
payment center after the breakdowns have been overcome shall begin on the
following working day.
d. The National payment center shall inform
the whole system on that switching.
2. In respect of provincial processing center
a. In case of irresistible breakdowns such as
nature calamity and enemy-inflicted destruction (disaster) etc, or breakdown of
the IBP system in the provincial processing center, Managers of the State
Bank's branches in provinces, cities where occurring the breakdown of the
system shall report to the Executive Committee on the development of the
breakdown, if the required time for overcoming breakdown is more than 4 hours,
the Executive Committee shall make decision on the operation switching of the
provincial processing center to the back-up processing center.
b. All data and processing results at the
back-up provincial-processing center shall have the same legal validity as in
the case of the main provincial-processing center.
c. When the breakdowns have been overcome,
the switching of operation of the system into normal status shall begin on the
following working day. The transmission of data from the back-up provincial
processing center to the (main) provincial processing center shall be performed
at the end of a working day through the computer network or by information
carriers such as magnetic tapes, floppy discs, hard discs, CD-ROM, etc.
d. On receipt of the decision on the
switching to the provision provincial processing center, members and relevant
member units shall be responsible for coordinating with the provincial
processing center, the National payment center to promptly deploy and maintain
the operation of the back-up processing center until the main provincial processing
center is restored and operates as usual.
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g. The data at the provision
provincial-processing center shall be verified as follows:
- Members and member units shall send the
report on the total of out-coming and incoming payment orders prior to the time
of receiving the notice on the switching to the back-up provincial processing
center.
- Operating officers at the back-up
provincial-processing center shall consolidate and verify the data retained in
the center with the reporting data of units. In case where the data are alike
and the total of out-coming payment orders are equal to the total of incoming
payment orders, the back-up provincial processing center shall be permitted to
officially operate.
- Members and member units shall take full
legal responsibilities for their reporting data.
- In case of difference in data, members and
related member units shall coordinate with the back-up provincial processing
center and the National payment center for settlement.
- In respect of the BOD, which has to move
to the back-up system because of breakdown, shall also comply with provisions
as in the case of a provincial processing center. Beside, its function of
assets management shall be performed in the National payment center.
Chapter IV.
THE
ACCOUNTING IN THE INTER-BANK PAYMENT SYSTEM
Article 20. Procedures for the preparation of payment order
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a. For accountant who manages customers'
account (shortly called transaction accountant) shall draw payment order in
accordance with following procedures:
- To verify the validity, legality of
payment vouchers of customers;
- To determine types of payment for
settlement;
- To reconcile, verify the account balance
of customers;
- To insert data in accordance with
stipulated forms shown on the screen:
+ Sending unit;
+ Receiving unit;
+ Amount of money;
+ Name and address, Identity Card No., or
Passport No. of the sender;
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+ Unit serving order sender;
+ Name and address, Identity Card No., or
Passport No. of receiver;
+ Account of receiver;
+ Unit serving order receiver;
+ Content of money transfer;
- To re-control the inserted data and put
the secrecy code (internally) in the electronic vouchers.
- To sign on vouchers, transfer inserted
vouchers and data to accountant of money transfer.
b. In respect of controlling accountant
(chief accountant or authorized person)
- Based on relevant vouchers, the
controlling accountant shall insert again following elements for verification
of the data inserted by transaction accountant:
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+ Unit serving order sender;
+ Unit serving order receiver;
+ Amount of money;
- If any error in these vouchers is
discovered, they shall be returned to the transaction accountant for
correction;
- If the data are correct, the controlling
accountant shall put his own secrecy code (internally) in the payment order,
sign on the vouchers and transfer them to the approver.
c. Assignment of approver (account holder or
authorized person)
- To verify the correctness between data on
the original voucher and data on the screen;
- If any error in the voucher is discovered,
the approver shall return it to transaction accountant or controlling
accountant for correction.
- If the data are correct, the approver
shall sign on the voucher, put his own secrecy code in the payment order for
sending.
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In case where the incoming order being an
electronic voucher of the internal payment system or bilateral one of credit
institutions has been verified regularly, transaction accountant shall
supplement insufficient contents in accordance with provisions on the
preparation of payment order; Controlling accountant and approver shall
reexamine elements as in the case of a paper voucher to secure the accuracy,
then put their own secrecy code in the payment order for sending.
3. After the approver has verified and put
his secrecy code in the payment order, it shall be printed into 2 copies: one
kept as voucher diary, one used for the Debit or Credit advice sent to
customers.
Article 21. The accounting of payment orders with high value or low
value, which have been accepted, at the drawing unit (including the result of
clearing payment performed in provinces, cities and area).
1. The accounting of high value or urgent
payment order
a. In respect of a credit payment order
Debit: Appropriate account (Deposit of customers,
etc)
Credit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office)
b. In respect of a debit payment order
Debit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office)
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- Upon receipt of the notice on the
acceptance of debit transfer from the receiving unit, the drawing unit shall
pay customers and draw a transfer order and perform following accounting
entries:
Debit: Account "Other receivables"
(in respect of a debit payment order of customer)
Credit: Appropriate account (deposit of
customers, etc)
In case where the drawing unit receives the
notice on the refusal of debit payment order (which state clearly the reasons
for refusal), they shall verify the validity and perform following accounting
entries:
Credit: Account "Collection, payment in
lieu of customers" (detailed account for payment to the Head office)
Debit: Appropriate account (that has been
credited before)
2. The accounting of low value payment orders
and the result after making clearing payment in the area
a. On sending of payment orders to the
clearing payment in the area,
- In respect of a credit payment order,
following accounting entries shall be made:
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Credit: Account "Clearing payment"
- In respect of a debit payment order,
following accounting entries shall be made:
Debit: Account "Clearing payment"
Credit: Appropriate account
Before processing and accounting for debit
payment orders (if permitted), a notice on the acceptance of debit transfer
must be received from receiving member bank and it shall be kept with the debit
order.
b) Upon receipt of payment orders through the
clearing payment in area, following accounting entries shall be made:
- In respect of a credit payment order:
Debit: Account "Clearing payment"
Credit: Appropriate account
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Debit: Appropriate account
Credit: Account "Clearing payment".
c. Upon receipt of the clearing payment
results from the provincial processing center after each processing time of the
clearing payment results, following accounting entries shall be made:
- In case where the difference in the
clearing payment is collected (receivable):
Debit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office).
Credit: Account "Clearing payment".
- In case where the difference in clearing
payment is paid (payable):
Debit: Account "Clearing payment"
Credit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office).
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Article 22. The accounting of payment orders at the receiving unit:
1. At the Head office of members:
a. The accounting of payment orders:
- In respect of credit payment orders (high
value or urgent)
+ In case where the beneficiary being an
individual or organization has account at the Head Office, following accounting
entries shall be made:
Debit: Payment account at the State Bank
Credit: Appropriate internal account
+ In case where the beneficiary being an
individual or an organization has account at branches of the same bank,
following accounting entries shall be made:
Debit: Payment account at the State Bank
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- In respect of debit payment orders
+ In case where paying individuals and units
have account at the Head office, following accounting entries shall be made:
Debit: Account "Appropriate internal
deposit"
Credit: Payment account at the State Bank
+ In case where paying individuals or units
have account at branches of the same bank, following accounting entries shall
be made:
Debit: Account "Collection, payment in
lieu of customers" (detailed account of each branch unit, operation
center)
Credit: Payment account at the State Bank.
b. The accounting of payment orders in the
clearing payment and the results of clearing payment where the Head office
participates as a direct member and BOD is the organizer shall be made as
follows:
- Orders that are sent out for clearing
payment in the area as well as received from other members, shall be similarly
dealt with and accounted in accordance with the guidance in Article 21,
paragraph 2, point a and b.
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+ If the result is a receivable, following
accounting entries shall be made:
Debit: Account "Deposit at the State
Bank"
Credit: Account "Clearing payment"
+ If the result is a payable, following
accounting entries shall be made:
Debit: Account "Clearing payment"
Credit: Account "Deposit at the State
Bank"
c. Upon receipt of the clearing payment
result from the provincial processing center,
- On the basis of the payment list sent by
the BOD, based on the total of receivable or payable differences, the
accounting shall be made respectively between the payment account at the State
Bank and the account "Clearing payment".
- Based on the detailed result of the payment
list sent by the BOD, the detailed accounting shall be made between the account
"Clearing payment" and the account "Collection, payment in lieu
of customers" (detailed account of each branch unit, operation center).
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a. The accounting of payment orders
+ In respect of credit payment orders
Debit: Account "Collection, payment in
lieu of customers (detailed account paid to the Head office)
Credit: Appropriate account
+ In respect of debit payment orders
Debit: Appropriate account
Credit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office)
b. In case where payment orders are received
through clearing payment in area, and the clearing payment results are received
after each processing time of the clearing payment results, they shall be
processed and accounted in accordance with Article 21, Paragraph 2, Point b and
c.
c. Dealing with authorized debit payment
orders that customers fail to have sufficient payment capacity:
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- During the acceptable time, if customers'
accounts are provided with sufficient funds by them for the performance of
debit payment order, the receiving unit shall make accounting as follows:
Debit: Account of customer
Credit: Account "Collection, payment in
lieu of customers".
- After the acceptable time, if customers
still fail to provide sufficient funds to their accounts for the performance of
the incoming debit payment order, the receiving unit shall make an out-coming
debit payment order for return to the drawing unit, which states clearly the
content of refusal, and account for the incoming transfer order as follows:
Debit: Account "Receivables"
Credit: Account "Collection, payment in
lieu of customers"
The out-coming debit payment order for
sending to the drawing unit shall be drawn in accordance with refused contents:
Debit: Account "Collection, payment in
lieu of customers"
Credit: Account "Receivables"
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Article 23. The accounting and processing of payment orders at the
National payment center (the Banking Operation Department)
Based on the list drawn by electronic data to
perform the control, accounting, auditing and preservation.
1. In respect of high value and urgent
payment orders, following accounting entries shall be made
a. For a credit payment order
Debit: Payment account of member who sends
the payment order
Credit: Payment account of member who
receives the payment order
b. For a debit payment order
Debit: Payment account of member who receives
the payment order
Credit: Payment account of member who sends
the payment order
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- The National payment center shall open an
account "Clearing payment" to deal with results of clearing payment
transferred by provincial processing centers. After the processing of clearing
payment results, the National payment center shall send the detailed list of
clearing payment results transferred by provincial processing centers and
determine the receivable, payable differences for sending to the Head office of
members. After the processing of the clearing payment results of entire system,
the balance of this account must be zero, at the end of the day.
a. In respect of members who must pay:
Debit: Payment account of members
Credit: Account "Clearing payment"
b. In respect of members who are entitled to
receive:
Debit: Account "Clearing payment"
Credit: Payment account of members
Article 24. Upon performance of inter-bank electronic payment in
provincial processing center, the accounting shall not be carried out, but
following works shall be performed:
1. Sending message guiding the requests for
clearing settlement after the clearing of vouchers;
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- High value payment;
- Low value payment;
- Debt payment with authorization;
3. Receiving message of confirmation notice
and clearing results from the National payment center to consolidate, then send
them to units and the State Bank branches.
Article 25. Interface with the EMT system
1. Dealing with operations transferred to the
IBP system by the EMT system
Units of the EMT system that make payment
with units of the IBP system shall process operations as follows:
a. Payment orders shall be drawn by the State
Bank branches in provinces, cities and processed through the EMT system; The
result shall be transferred to the National payment center through interface
gateway.
b. The National payment center shall decode,
verify the validity of payment orders; If discovering any error, payment orders
shall be returned to the EMT system; If valid, payment orders shall be
converted into message in conformity with the IBP system and settled after the
validity of message and the balance of related payment account have been
verified.
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- In respect of high value payment orders,
the National payment center shall account for payment accounts and send the
settlement result or notice of error to the EMT processing center. Payment
orders shall be sent to relevant receiving units through the
provincial-processing center.
- In respect of requests for clearing
settlement, the National payment center shall account them into payment
accounts; the result shall be sent to the EMT system.
- In respect of requests for cancellation,
the National payment center shall verify payment requests in the queue that are
pending for settlement and send processing results (confirmation of the
cancellation or notice of the error) to the EMT system.
- In case where the verification and
reconciliation are required, the National payment center shall send response
result to the EMT system.
2. Dealing with operations of the EMT system
transferred by the IBP system
Units of the IBP system that carry out
operations with units of the EMT system shall perform as follows:
a. Payment orders shall be drawn by drawing
unit and sent to the provincial-processing center;
b. The provincial-processing center shall
verify the validity and send them to the National payment center;
c. The National payment center shall account
for payment accounts after the validity of payment orders has been verified;
the confirmation result of the settlement or notice of the error shall be sent
to the provincial processing center and the drawing unit.
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3. Dealing with requests for return
Drawing units or receiving units may require
for the return of payments when one of parties takes parts in the EMT system
and the other participates in the IBP system. Interface gateways shall carry
out the receipt of requests and transfer them between 2 systems in accordance
with steps as stated above, but the return shall be performed through
accounting entries contrary to first step. All operations accepted by one of 2
systems shall not be permitted to cancel.
4. Dealing with reconciling information
Units and the State Bank branches belonging
to the EMT system shall receive reconciling information from the National
payment center at the end of the working day.
Chapter V.
THE
PERFORMANCE OF CLEARING SETTLEMENT BETWEEN MEMBERS
Article 26. Net debt limit
1. Setting up of the net debt limit
Members participating in the clearing
settlement shall, by themselves, set up a limit of net debt for low value
payments and submit it to the BOD. The BOD shall verify the arithmetical
correctness and inform the result to these units for implementation. Members
must deposit valuable papers for net debt limit in accordance with provision in
Article 27 of this Regulation. The setting up of net debt limit shall be
carried out every 6 months during the first 5 days in January and July
annually.
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2. The adjustment of net debt limit
a. The BOD may request members participating
in clearing settlement to adjust limits of net debt if these limits are too low
or too high after considering previous net debt of these members.
b. Each member may change the limit of net
debt and must inform the result to the BOD after completing all procedures for
the change of net debt limits;
c. In necessary case, the Director of BOD may
accept the request for the increase of net debt limits of members participating
in clearing settlement without notifying in advance. However, this acceptance
may be cancelled immediately if necessary deposit valuable papers are not
sufficiently supplemented by those members within stipulated time.
d. The BOD shall immediately notify members
participating in clearing settlement of information relating to the change of
above limits.
3. The management of net debt limit
a. At the beginning of working day, the
National payment center shall update provincial processing centers on the limit
of net debt that is equal to the value set up by members (the limit at the
beginning of the day). At each point of time during a working day, this limit
may be changed (increase or decrease), depending on the payment operations of
members and member units (current net debt limit). Periodically every 10
seconds, the National payment center shall recalculate the current net debt
limit of each member and update provincial processing centers on it. Current
net debt limit of each member shall be calculated by the net debt limit that
has been set up at the beginning of the day adding to total of receivable
amounts and subtracting payable amounts. Members must regularly supervise their
net debt limit to maintain it at an appropriate level.
b. In case where the operation is not carried
out because the request for payment is refused due to the lack of net debt
limit, members must at once inform the National payment center and related
customers of this payment request, at the same time take necessary measures for
dealing with obstacles including the increase of their net debt limit.
Article 27. Valuable paper used for deposit
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a. The State Treasury Bills,
b. The State Bank Bills,
c. Other valuable papers in accordance with
provisions of the State Bank
2. The calculation of deposit valuable papers
a. The BOD shall collect deposited valuable
papers from members participating in clearing settlement under the price at the
collection time of deposit valuable papers, with the percentage of 10% of net
debt limit set up by members.
b. The BOD may adjust the money amount that
is equivalent to the value of valuable paper deposited by members within
permitted scope to secure the payment capacity of these members.
c. After the calculation of the money amount
of deposited valuable papers, the decimal part less than 100 million Dong shall
be made even up the nearest integer.
3. Time for sending the deposited valuable
paper
Members participating in clearing settlement
shall provide deposited valuable papers in accordance with applicable
provisions: The application of deposit time of valuable papers is stipulated as
follows:
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b. In case where deposit valuable papers
belong to the type stated in Point b, Paragraph 2 of this Article, they shall
be sent at the end of month after completing the calculation of the minimal
money amount of deposit valuable papers.
4. Price determination of deposited valuable
papers
The value of deposit valuable papers shall be
determined in accordance with discounted interest rate. However, if valuable
papers are issued at the discounted price, their value shall not exceed that
discounted price.
5. The return of deposited valuable papers
a. When the value of valuable papers
deposited at the BOD is in excess of minimal money amount that has been calculated
in accordance with Point b, Paragraph 2 of this Article, respective members
participating in clearing settlement may request for the return of deposited
valuable papers equivalent to the above-mentioned excessive part.
b. Upon the receipt of valid request for the
return of deposited valuable papers, the BOD shall complete procedures for the
return of those deposited valuable papers on the following working day.
6. The transfer of deposited valuable papers
In case where any member lacking payment
funds, after having carried out solutions as provided for in Article 32 of this
Regulation, but still fails to have enough funds for payment, the BOD shall
perform the transfer of deposit valuable papers of this member at the nearest
transaction session of the monetary market and security market. Procedures for
the transfer of deposited valuable papers shall be in accordance with
provisions of the State Bank.
Article 28. The performance of clearing settlement
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1. At the National payment center
a. Sending messages that provide the guidance
on the request for clearing settlement to provincial processing centers to get
net data of low value;
b. Receiving internal clearing result of each
provincial processing center and combining with inter-provincial clearing
results in the National payment center to clear once more. This clearing result
shall be informed to provincial processing centers;
c. The National payment center shall perform
the clearing settlement:
The accounting shall be made in accordance
with the guidance provided for in Paragraph 2, Article 23 of this Regulation.
d. The National payment center shall inform
the result of clearing settlement to provincial processing centers;
2. At provincial processing centers
a. On receipt of a request for the clearing
result from the National payment center, provincial processing centers shall
carry out the clearing and send the message requesting for the clearing
settlement and clearing results to the National payment center;
b. Receiving the message of confirmation and
clearing results from National Payment Center.
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1. Supervising time
The BOD shall supervise the clearing
settlement through the IBP system one hour prior to the stipulated time for settlement
sessions in the morning and half an hour for settlement sessions in the
afternoon.
2. The order of supervising contents shall be
as follows:
a. Verifying and determining the development
of funds through the inquiry on the IBP system, monitoring daily diary file.
b. Informing the development of funds to
members; anticipating the possibility for the lack of funds and requesting
members to take necessary measures;
c. Verifying the supplement of fund to
payment account of members who have been informed about the lack of funds
before.
Article 30. Responsibility for sharing the deficient amounts in the
clearing settlement.
1. Determination of responsibilities
When any member who lack payment fund, after
having carried out all solutions provided for in Paragraph 6, Article 27 of
this Regulation, still fails to have sufficient payment funds, the State Bank
may distribute this deficient amount to other members participating in clearing
settlement for sharing as a temporary loan. If any member who fails to bear the
distributed deficiency, the State Bank shall request the remaining members
participating in clearing settlement to take over the share in this outstanding
amount in form of temporary lending. The sharing rate of deficient amount of
funds to members participating in clearing settlement shall be based on the
respective valuable papers deposited by them in the BOD. In case of bankruptcy
of the member who lacks funds, all members who have taken part in sharing the
deficient amount of funds of this bankrupt member shall be entitled to enjoy
the payment of debts in accordance with provisions of applicable laws on the
bankruptcy of enterprises.
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a. On receipt of the notice on the
distributed amount for sharing the deficient amount, respective members shall
send their distributed amount to the account "Deposit" in the BOD at
the time determined for payment.
b. On the basis of the notice on distributed
amounts, members participating in clearing settlement shall recalculate the
outstanding of clearing settlement including the money amount contributed to
the distributed deficient amount and send the amended notice on clearing
settlement to the BOD for the settlement in accordance with designated time.
3. The return of deficient amount.
Any member lacking fund for the
implementation of clearing settlement shall promptly refund the temporary loan
in addition to the interest that is determined in accordance with provisions on
lending in the payment of the State Bank.
Article 31. The rejection of payment operations in clearing settlement.
In respect of members who lack fund for
payment, after measures of fund supplement have been applied in accordance with
provisions in Paragraph 6, Article 27 and Paragraph 1, Article 30 of this
Regulation, still fail to have enough funds for the payment of their payable
amounts, the request for the clearing settlement shall be made again to exclude
the payments of these members.
Chapter VI.
DEALING
WITH THE LACK OF FUNDS AND ERRORS IN THE INTER-BANK ELECTRONIC PAYMENT
Article 32. Dealing with the case of lacking of payment funds and
shortage of net debt limit
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a. To make overdraft payment in accordance
with provisions of the Governor of the State Bank.
b. To supplement funds from funds resources
of the very members;
c. To supplement funds through operations on
monetary market;
d. To temporarily transfer that payment order
to the queue; and it shall be processed when sufficient money is provided;
e. At the end of working day, if respective
payment accounts have not yet been provided with sufficient money, payment
orders retained in the queue line shall be automatically cancelled. Members and
member units shall carry out the inquiry service to verify the development of
these payments.
2. In respect of low value payment orders
a. In case where net debt limit is not
sufficient
In case where the money amount stated in the
payment order exceeds the net debt limit, they shall be processed as follows:
- The payment order shall be performed only
when the net debt limit is sufficient;
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b. In case of lacking funds in the payment
account, members shall:
- Make overdraft payment in accordance with
provisions of the Governor of the State Bank;
- Supplement funds from funds resources of
the very members;
- Supplement funds through operations on
monetary market.
- At the end of working day, if members who
lack funds, still fail to supplement sufficient money for payment of net
amounts payable, the IBP system shall carry out the overnight lending in
accordance with provisions of the State Bank.
Article 33. Dealing with queue and clearance
1. When payment account of a unit lacks
money, the National Payment center shall retain requests for payment in the
queue. When the deficient account of that member unit is supplemented with
money, the National payment center shall process the transfers of money in
accordance with the following order: first come – first process. In case where
a request for the transfer of a big money amount in the queue obstructs the
settlement of other money transfers in the queue, the National payment center
may, in the first place, transfer (reverse the queue) unprocessed requests in
accordance with the order: first come – first process while they still remain
the request for high value transfer that they have received before but kept in
the queue due to the deficiency of money.
The queue line shall be managed as follows:
a. Making periodical verification of payment
accounts;
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c. Dealing with requests for cancellation in
accordance with the principle: first comes – first process.
2. Units participating in the payment shall
be only entitled to cancel payment orders in the queue before the completion of
accounting entries; and low value payment orders that have not yet been
cleared. The implementation shall be in accordance with following order:
a. On receipt of a cancellation order of a
payment order from the drawing unit, the provincial processing center shall
base on the diary to verify the validity of the cancellation order;
b. If it is a valid operation, the
cancellation order shall be transferred to the National payment center;
c. The National payment center shall check
the queue, if the operation is in the queue, the cancellation shall be
performed; Cancellation result shall be informed to the drawing unit. If the
operation is not in the queue, the system shall send the notice on the
development of the operation to the drawing unit.
Article 34. Principles for adjustment of errors in the IBP system
1. Ensuring the consistency of data between
the drawing unit, the receiving unit and the National payment center. Errors
shall be corrected at the place where they occur. To strictly forbid the
arbitrary correction of data, adjustment of errors in the IBP.
2. When errors are discovered, measures for
adjustment shall be immediately taken to avoid the delay in the payment
process. The correction of errors shall comply with principles, methods of
error correction by accountants in general and of the IBP.
3. Any unit, individual, who causes errors or
violates principles, methods of error correction shall, depending on the
seriousness of errors, be subject to the punishment in accordance with
provisions and take full material responsibilities for errors that they cause
to related parties.
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1. Principles
a. A payment order shall be only cancelled in
following cases:
- It has been drawn but has not yet been
transferred;
- It has been transferred but still in the
queue for payment.
b. A payment order shall be only returned in
following cases:
- Authorized debit payment order shall be
returned only when the drawing unit has not yet paid to customers under the
payment order or has paid, but then recovered this payment.
- Credit payment order shall be returned
only when the unit that has received the incoming payment order has not yet
credited to accounts of customers or credited, but customers have returned.
2. Documents on the cancellation and return
of payment orders:
a. Documents on the cancellation of a payment
order shall include:
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- Cancellation order of a credit payment
order: which is drawn by the drawing unit to cancel the credit payment order
that has not been transferred or has already been transferred but still in the
queue (has not been dealt with due to the lack of funds)
b. Documents on the return of a payment order
shall include:
- Request for the return of a payment order:
which is drawn by the drawing unit and sent to the receiving unit to request
for the return of credit payment order with errors and; is basis for drawing an
out-coming credit payment order of the receiving unit to repay to the drawing
unit but on the basis of the full recovery of amount that has been paid or
transferred by customers.
- Notice on the refusal of a request for the
return of a payment order: which is drawn by the receiving unit to refuse the
request for the return of a credit payment order because they fail to recover
money from customers.
3. When member units cancel or return the
payment orders, they must perform as promptly as in the case of the settlement
of urgent payment orders.
Article 36. Dealing with errors at the unit that draw payment orders
1. The settlement of errors before
transmission of a payment order
a. If any error in the payment order is
discovered before the controller put the secrecy code for sending, accountant
shall base on original documents to correct it.
b. If any error in the payment order is
discovered after the controller has put the secrecy code, a minutes on the
cancellation of the wrong payment order shall be drawn, which states clearly
the order code, time and date of cancellation order and is supported by
signatures of the Head of accounting division and related accountants. The
minutes shall be kept in a separate file for preservation, and a correct
payment order shall be prepared for sending.
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When any error is discovered such as
incorrect amount of money (excessive or deficient), incorrect position of
Credit and Debit, the drawing unit shall make an immediately verification and
inquiry to the receiving unit to work out timely solutions. The drawing unit
shall make a minutes for defining reasons and personal responsibility clearly
and process as follows:
a. In case of deficiency:
Based on the minutes, the drawing unit shall
draw a supplemental payment order of the deficient amount to send to the receiving
unit. The supplemental payment order must state clearly: "supplemental
transfer in accordance with debit (or credit) payment order No. ......... dated
.................. the amount that has been transferred ............." and
accounting entries shall be made in accordance with the guidance in Article 21
of this Regulation.
b. In case of excess
- In respect of an overvalued credit payment
order:
Based on the minutes to draw a request for
the return of a credit payment order of the excessive amount, then immediately
send to the receiving unit together with drawing a transfer order and make
following accounting entries:
Debit: Account "Receivables"
(sub-account of individual causing errors)
Credit: Appropriate account
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To record it in "The book for monitoring
requests for the return of credit payment orders that have been
transferred"
On receipt of a credit payment order from the
receiving unit that repays the above-mentioned excessive money amount, the drawing
unit shall:
Delete it in "The book for monitoring
requests for the return of credit payment orders that have been transferred
" and make following accounting entries:
Debit: Account "Collection, payment
in lieu of customers" (detailed account paid to the Head office)
Credit: Account "Receivables"
(Sub-account of individual causing errors)
The money amount collected and returned by
the receiving unit
In case where the receiving unit refuses the
request for the return of the credit payment order for the above excessive
amount, because it fails to collect it from customer, the drawing unit shall
set up a settlement Committee in accordance with current provisions to
determine the responsibility and compensation of the individual who has caused
errors
- In respect of an overvalued debit payment
order:
Based on the minutes to draw a cancellation
order of debit payment order, then immediately send to the receiving unit to
cancel the excessive amount on the debit payment order, and make following
accounting entries:
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+ "Other receivables" (if not yet
paid to customers)
+ "Deposit of customers" (if
already paid to customers)
+ "Receivables" (if money has
been paid and the account "Deposit of customers" has not enough
balance)
Credit: Account "Collection, payment
in lieu of customers" (detailed account paid to the Head office)
Excessive money on the debit payment order
In case where the payment has been made to
customer, but the balance of deposit account of the customer is not sufficient
to perform the order of cancellation of a debit payment order for the excessive
amount, the drawing unit shall record into the account "Receivables"
(account of individual causing errors), then take all measures for collection
of the excessive amount, if the collection fails, the drawing unit shall define
the responsibility for the compensation in accordance with provisions of
current regime.
On receipt of the notice on the money amount
transferred by the receiving unit, the drawing unit shall process and account
as follows:
Credit: Appropriate account (one of
following accounts)
+ "Other receivables" (if not yet
paid to customers)
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+ "Receivables" (if money has
been paid and the account "Deposit of customer" has not enough
balance)
Debit: Account "Collection, payment
in lieu of customers" (detailed account paid to the Head office)
The excessive amount in the debit payment
order
c. In case of error in credit and debit position:
The drawing unit must make a minutes together
with a cancellation order of a debit payment order (in respect of the wrong
credit payment order) or a request for the cancellation of a credit payment
order (in respect of a wrong debit payment order) to cancel entirely the wrong
payment order, after that draw a correct payment order for sending to the
receiving unit.
- The settlement of a credit payment order
wrongly prepared:
+ Which should have been credited and
accounted
Debit: Appropriate account
Credit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office)
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Debit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office)
Credit: Appropriate account
+ Now, it shall be adjusted by: drawing a
cancellation order of debit payment order to send to the receiving unit and
account:
Debit: Appropriate account
Credit: Account "Collection, payment
in lieu of customers" (detailed account paid to the Head office)
Entire amount of money
transferred wrongly
+ After that, drawing a correct credit
payment order for sending out.
- The settlement of a debit payment order
wrongly prepared:
+ Which should have been debited and
accounted
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Credit: Appropriate account
+ but has been credited and accounted:
Debit: Appropriate account
Credit: Account "Collection, payment in
lieu of customers" (detailed account paid for the Head office)
+ Now, it shall be adjusted by drawing a
request for the return of credit payment order to send to the receiving unit
and draw a transfer order then make following accounting entries:
Debit: Account "Receivables"
(sub-account of individual causing errors)
Credit: Appropriate account
Entire amount of money transferred wrongly
+ After that, drawing a correct debit payment
order for sending out.
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Article 37. The settlement of errors at the unit that receives payment
order.
1. The settlement of payment order with
errors due to technical errors or payment orders that are discovered to be
faked.
In these cases, the receiving unit shall not
be permitted to make accounting entries but verify with the sending unit; at
the same time inform the provincial-processing center for coordination and
taking measures of solution.
2. In case where the value of a payment order
is undervalued
Upon receiving a supplemental payment order
to transfer the deficient amount from the drawing unit, the receiving unit
shall reconcile and verify strictly the undervalued payment order and the
supplemental payment order, if they are valid, it shall perform the accounting
entries as in the case of another regular payment order.
3. In case where the value of a payment order
is overstated
a. In case where the overvalue is discovered
before the accounting entry is made to the account of the customer: If the
receiving unit receives a notice of the inquiry from the drawing unit on the
excessive transfer of money before its receipt of the payment order, the
receiving unit shall record in the book for monitoring payment orders with
errors to take timely measures for settlement.
Upon its receipt of an incoming payment
order, the receiving unit shall verify, reconcile the notice it has received,
if the inquiry notified is confirmed to be sent by the sending bank, it shall
process as follows:
- In case of a credit payment order,
following accounting entries shall be made:
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Credit: Account "Payables"
(detailed account)
Credit: Account of customer
The total amount
The excessive amount
The exact amount
- In case of a debit payment order, the
following accounting entries shall be made:
Debit: Account of customer
Debit: Account "Receivables"
(detailed account)
Credit: Account "Collection, payment
in lieu of customers" (detailed account paid to the Head office)
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The excessive amount
The total amount
Upon receiving a request for the return of a
credit payment order for the excessive amount (in case where the credit payment
order is overvalued) or an order of cancellation of a debit payment order for
the excessive amount (in case where the debit payment order is overvalued) from
the drawing unit, the receiving unit shall process as follows:
- In respect of an overvalued credit payment
order:
Based on the request for the return of the
credit payment order to draw an out-coming credit payment order to repay the
drawing unit the excessive amount, and to record:
Debit: Account "Payables"
Credit: Account "Collection, payment
in lieu of customers" (detailed account paid to the Head office)
The excessive amount in the overvalued
credit payment order
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Based on the cancellation order of the debit
payment order to record:
Debit: Account "Collection, payment in
lieu of customers"
Credit: Account "Receivables"
The excessive amount in the overvalued
debit payment
b. In case of receiving a notice from the
drawing unit after the payment has been made to customers, the receiving unit
shall record in the book for monitoring payment orders with errors and process
as follows:
- In respect of an overvalued credit payment
order:
Upon receiving a request for the return of
the credit payment order for the excessive amount transferred by the drawing
unit, if it is correct after control, the receiving unit shall process as
follows:
+ In case where the balance in customers'
account is sufficient: Based on the request for the return of credit payment
order, the receiving unit shall draw an out-coming credit payment order to
return the excessive amount to the drawing unit:
Debit: Account "Deposit of
customer"
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The excessive amount payable to the drawing
unit
+ In case where the balance in customers'
account is not sufficient to collect, the receiving unit shall record it in the
book for monitoring the unperformed request for the return of credit payment
order and request customers to deposit money to their account to perform this
request for return. When the required deposit is sufficiently made, accountant
shall delete this request from the monitoring book and draw a credit payment
order for sending to the drawing unit and make accounting entries as guided
above.
+ In case where a customer can not make
payment or it is impossible to identify a customer, the receiving unit shall
cooperate with local government and law protecting agencies such as Police,
Court, etc, to take any measure for the collection of funds. If the collection
fails to proceed or fully succeed, the receiving unit shall refuse the
acceptance of request for the return of credit payment order by making a notice
on the refusal of the request for the return of the credit payment order and
stating clearly the reasons thereof and transfer the collected funds (if any)
to the drawing unit and delete the unperformed request for the return of the
credit payment order from the book.
4. The adjustment of other errors
In respect of a payment order with wrong
address of customer (A payment order that has been transmitted correctly to the
receiving unit but nobody receives or the order receiver has account at other
bank), with wrong name, account No. of payment order receiver (correct name but
wrong account No. or vice versa), symbol of vouchers, of profession types, the
receiving unit shall process as follows:
a. For credit (debit) payment orders that the
receiving unit has received, but has not yet made accounting entries, shall be
accounted to the account "Payables (receivables)", then a payment
order shall be drawn to return to the drawing unit. The continuous transfer of
money is strictly forbidden.
b. For performed payment orders, the
receiving unit shall process as similarly as stated in Point b, Paragraph 3, of
this Article.
Article 38. The cancellation and return of payment order upon
customers' request.
1. The processing at the drawing unit:
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a. In case of a payment order that has not
yet been performed or sent: it shall be processed in accordance with procedures
for the cancellation of payment orders, the drawing unit shall send its
customers a notice on the acceptance of the cancellation order and not perform
that payment order (not performing any accounting entry).
b. In case of a payment order that has been
performed and sent but still retained in the queue at the National payment
center (because the payment account has not been provided with sufficient
money), it shall be processed in accordance with cancellation procedures
(accounted) of the payment order:
- In respect of a cancellation order of a
credit payment order:
+ Based on the valid request for the
cancellation of customers, accountant of money transfer shall supplement
essential elements of the cancellation order in accordance with applicable
provisions (Form No. IBP-05) and put his secrecy code in the cancellation order.
+ The controller shall control again
elements of newly drawn cancellation order and the request for cancellation of
customers to ensure the accuracy and correctness. If everything is correct, the
controller shall put his secrecy code in cancellation order for sending.
+ The drawing unit shall record it in the
book for monitoring cancellation orders of credit payment orders that have been
sent (not accounting in balance sheet).
The National payment center shall send the
drawing unit a notice on the implementing result of the request for
cancellation. The drawing unit shall print and verify information stated in the
notice, if the cancellation is successful, both accountant of money transfer
and approver shall sign for confirmation in the notice and perform following
accounting entries.
Debit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office).
Credit: Appropriate account of customers
(that has been deducted for previous transfer).
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- In respect of a order of cancellation of
an authorised debit payment order:
Based on the cancellation order, the drawing
unit shall deduct the amount of money from account of customers that has been
credited before to transfer to the receiving unit:
Debit: Following appropriate accounts:
- "Other receivables" (in case
where customers have not yet been paid)
- "Deposit" of transfer unit (in
case where customers have been paid)
Credit: Account "Collection, payment in
lieu of customers" (detailed account paid to the Head office).
c. If the payment order has been dealt with
and sent, the National payment center has made accounting entries, the drawing
unit shall draw a request for the return of the payment order and:
- In respect of a request for the return of
a credit payment order:
+ Based on the valid request for the
cancellation of customers, accountant of money transfer shall supplement
essential elements of the request for the return in accordance with applicable
provisions (Form No. IBP-06) and put his secrecy code in the return request.
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+ The drawing unit shall record it in the
book for monitoring requests for the return of credit payment orders that have
been sent (not accounting in balance sheet).
+ Upon receipt of sufficient money amount
(of the cancelled credit payment order) returned by the receiving unit, the
drawing unit shall account and repay to customers. Based on the credit payment
order of the receiving unit, it shall delete this credit payment order in the
book for monitoring requests for the return of sent credit payment orders and
perform following accounting entries:
Debit: Account "Collection, payment in
lieu of customers (detailed payment account the Head office).
Credit: Appropriate account of customers
(that has been deducted for previous transfer)
- In respect of a cancellation order of an
authorised debit payment order:
Based on the cancellation order, the drawing
unit shall deduct an amount of money from account of customers that has been
credited previously in order to transfer to the receiving unit:
Debit: following appropriate accounts:
- “Other receivables” (in case where
customers have not yet been paid).
- “Deposit of transfer unit” (in case where
customers have been paid).
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2. The processing at the receiving unit
Upon receipt of a request for the return (in
respect of a credit payment order), or a cancellation order (in respect of a
debit payment order) from the drawing unit, the receiving unit shall verify the
validity of the return request (or cancellation order) and reconcile them with
the received payment order and settle in accordance with procedures for the
return.
a. If any error in the request for the return
is discovered, the receiving unit shall draw a notice on the refusal of the
request for the return of the credit payment order (stating clearly the reasons
for the refusal) to return to the drawing unit (not performing any accounting
entry).
- If the cancellation order has any error,
the receiving unit shall settle it does in the case of an incoming credit
payment order with errors.
b. If the request for the return (or
cancellation order) is valid, the receiving unit shall settle as follows:
* In respect of cancellation or return of an
incoming payment order that has not yet been performed:
The receiving unit shall immediately send a
notice on the acceptance of the return request or cancellation order to the
drawing unit and settle as follows:
- In case of cancellation of an incoming
credit payment order:
+ Based on the incoming credit payment order
(cancelled credit payment order), following accounting entries shall be made:
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Credit: Account "Receivables"
The money amount stated
in the cancelled credit payment order
+ Based on the request for cancellation to
draw an out-coming credit payment order for return to the drawing unit, and
make following accounting entries:
Debit: Account "Payables"
Credit: Account "Collection, payment
in lieu of customers" (detailed payment account of the Head office)
The money amount stated
in the credit payment order to be returned to the drawing
unit
- In case of cancellation of an incoming
debit payment order:
+ Based on the incoming debit payment order
(the cancelled debit payment order), to make following accounting entries:
Debit: Account "Receivables"
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+ Simultaneously, based on the incoming
cancellation order to account:
Debit: Account "Collection, payment in
lieu of customers" (detailed payment account of the Head office)
Credit: Account "Payables"
* In respect of the cancellation of a payment
order that has been performed:
- In respect of the request for the return
of an incoming credit payment order:
+ If the incoming credit payment order has
been performed, the receiving unit shall immediately send the request for the
return to customer for notice. Only in case where the customer accepts (in
writing) or pay cash, and draw a payment voucher to deduct his account for
refund, the receiving unit can implement the request for the return, and
perform following accounting entries:
Debit: Appropriate account (that has been
credited in accordance with the cancelled credit payment order).
Credit: Account "Collection, payment in
lieu of customers" (detailed payment account of the Head office)
And then, the receiving unit shall send the
notice on the acceptance of the request for return to customer and the drawing
unit for knowledge.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- In respect of an incoming cancellation
order of a debit payment order:
Based on the incoming cancellation order, the
receiving unit shall account:
Debit: Account "Collection, payment in
lieu of customers" (detailed payment account of the Head office)
Credit: Appropriate account (that has been
debited before)
And then, the receiving unit shall send a
notice on the acceptance of the cancellation order to customer and the drawing
unit for knowledge.
If the request for return of a credit payment
order or the cancellation order of a debit payment order is attached to a
correct payment order for replacing the cancelled payment order, the receiving
unit shall open a book for strictly monitoring payment orders to avoid making
twice payment to customers.
Article 39. Verification and response to the verification
In case where several elements in the payment
order are discovered to be inaccurate (except for such elements as: bank code,
the nature of debit and credit, implementing date, amount of money, type of
payment), the settlement shall be made as follows:
1. Member who sends payment order must make verification
to correct information or the receiving member shall make verification to
request the sending member to correct information.
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a. Making message
- Accountant imports data
- Competent approver shall control and put
his secrecy code
- Sending message to the provincial
processing center; printing the content of the message and both two persons
sign in the printed message.
b. Receiving message
- Competent approver shall check secrecy code
- Both accountant and competent approver
shall sign in the printed message.
3. Preservation of verifying documents and
response to the verification
Verifying documents and response to the
verification with sufficient signatures shall be kept with the original
transfer order and be the basis for making payment to customers.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Common errors
a. In case where hardware, software, database
and communication line occur errors, operations cannot be implemented due to
errors of terminal access device, the notification of errors shall be performed
as follows:
- Errors occurring at members and member
units shall be informed to the provincial processing center and National
payment center.
- Errors occurring at the provincial
processing center shall be informed to the National payment center, relevant
members and member units.
- Errors occurring at the National payment
center shall be informed to provincial processing centers or the entire system;
b. Mode of notice transmission: through
computer network, by fax or telephone
c. Members, member units and provincial
processing centers shall be responsible to report and promptly settle occurring
errors within the scope of their management; and coordinately settle other
arising errors of the system upon request.
2. Irresistible errors
Irresistible error is the error arising from
events beyond the control scope of the person who manages, conducts the system
and unpredictable. The settlement shall be performed as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b. The executive committee shall consider and
make decision on solution. If it is necessary to use the back-up system, the
executive committee shall decide on the time for moving to the back-up system
and make notification as follows:
- Moving to the National back-up payment
center: provincial processing centers; members and member units shall be
informed.
- Moving to back-up provincial processing
center: other provincial processing centers and units under the management of
the provincial processing center that is subject to this movement shall be
informed.
c. The media of notice transmission: through
computer network, by Fax, or by telephone
d. Methods, contents of copy and preservation
of data for back-up system must comply with procedures as provided for in
operating process of inter-bank electronic payment system.
3. The settlement of cases that cannot send
or receive payment orders due to technical breakdown or failure of information
transmission
a. In respect of an out-coming payment order
- When payment order has been sent, but
member units have not yet received the confirmation from the provincial
processing center due to technical breakdowns, they shall implement as follows:
+ Making inquiry to accurately update the
current status of the payment order at the provincial processing center.
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* Returning unfinished payment order to
complete the transfer of money.
* After returning, if the payment order still
can not be completely performed, member units shall draw the cancellation order
(in the queue) of payment order. Based on the result of successful cancellation
sent by the provincial-processing center, accountant and controller shall sign
for confirmation and preserve this result in the paper. After the success of
the cancellation and completion of necessary procedures, member units may decide
or redraw another payment order with new accounting entries for replacing the
order that has been cancelled before or for repaying to customers.
* In case where the returned payment order
is still unsuccessful and can not be cancelled, member units shall draw the
minutes to state above breakdowns. Based on the reconciling result of orders
transferred at the end of the day and the result of the coordinate settlement
between member units and the National payment center, member units shall decide
on keeping or remain accounted entries or repay money or redraw new payment
order for customers.
- Because of technical breakdowns, the
out-coming reconciling table at the end of the day may not be in balance,
member units shall make inquiry to the provincial processing center to update
the development of different orders, and make the minutes to confirm the
current status. The last result of out-coming reconciling table shall be based
on the latest status of payment orders and the result of coordinate settlement
between members and the National payment center.
b. In respect of incoming payment order
- In case where some technical breakdowns
make the decryption and the receipt of file of incoming payment orders
impossible, members shall request the National payment center to change the
status of file and go on the receipt, decryption, reexamination and the print
of incoming payment orders.
c. The breakdown that makes the connection to
the provincial processing center impossible.
- In case of breakdowns of computer, modem,
telephone, etc, that make member units unable to connect to the provincial
processing center to get the confirmation, reconciling result and other
information. Members and member units shall inform the executive committee
through other means (Fax, telephone, etc) on those breakdowns. In respect of
incomplete payment orders, members shall make payment to customers only when
above breakdowns are overcome and the last status of payment orders is
confirmed by the provincial-processing center.
d. In respect of some other special technical
breakdowns
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter VII.
REPORT
AND DEALING WITH REPORTS
A. DAILY REPORT
Article 41. The preparation and control of reports at the BOD
1. The preparation of report on daily money
transfer of entire system
After the completion of reconciliation of
daily money transfer, the BOD shall make (create) a report on daily payment of
entire system in form of electronic voucher, including following types:
a. Operation consolidation under each member
(Form No. IBP-10)
b. Operation consolidation under the system
(Form No. IBP-11)
c. Balance-sheet of money transfer (Form No.
IBP-12);
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e. Consolidation of clearing processing
results (Form No. IBP-14);
f. Consolidation of accounting results (Form
No. IBP-15)
2. Dealing with reports:
a. Payment controller of the BOD must control
again the report on daily money transfer (including electronic and paper
voucher) and verify balances in accordance with applicable provisions to ensure
the accuracy and correctness of report drawing steps and data reflected in
forms.
b. Daily report of the entire system shall be
preserved after having been completely controlled and reconciled for the
correctness in accordance with provisions, and the controller of money transfer
shall directly sign in the report. The preservation of daily report on money
transfer of entire system shall be performed as follows:
- For paper voucher: All reporting forms
(with sufficient signatures and seal) shall be archived under applicable
provisions on paper voucher;
- For electronic voucher: Daily report on
money transfer of entire system shall be archived under applicable provisions
on electronic voucher.
Article 42. The preparation and processing of reports at member units
participating in the IBP system
1. In respect of member units
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b. Report on incoming money transfer (Form
No. IBP-17)
c. Reconciliation of out-coming money
transfer (Form No. 18)
d. Reconciliation of incoming money transfer
(Form No. 19)
e. Payment statement (Form No. IBP-20)
2. The settlement of reports
a. Control
- Debit (Credit) turnover in Form No. IBP-16
must be equal to that in Form No. IBP-18.
- Debit (Credit) turnover in Form No. IBP-17
must be equal to that in Form No. IBP-19
- The difference between reconciling results
in Form No. IBP-18 and IBP-19 must be zero.
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In the event of errors, member units shall
contact with the National payment center for coordination and processing.
3. The preparation of reports at Head office
of members:
a. Report on out-coming money transfer (Form
No. IBP-16)
b. Report on incoming money transfer (Form
No. IBP-17)
c. Reconciliation of out-coming money
transfer (Form No. 18)
d. Reconciliation of incoming money transfer
(Form No. 19)
e. Payment statement (Form No. IBP-20)
g. Payment statement (Form No. IBP-21);
4. Reports on daily electronic money transfer
of both Head office and member units shall, after being used for reconciliation
and consolidation of reports, be archived in accordance with current
provisions.
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Article 43. Units shall make monthly report in accordance with
provisions on current regime of reporting and information of the State Bank.
Chapter VIII.
RIGHTS
AND OBLIGATIONS OF UNITS PARTICIPATING IN THE INTER-BANK ELECTRONIC PAYMENT
Article 44. The Finance & Accounting Department
To manage, verify, and supervise the
operation of inter-bank electronic payment of the State Bank.
Article 45. The Banking Operation Department
1. Being the provincial processing center
To associate with the National payment center
to carry out procedures of high value and low value payment between operation
centers of credit institutions.
2. Supervision and management of payment
accounts
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- Every day, at the commencement of a
working day, the BOD shall determine the balance of payment account of members
to perform payment activities during a day of units.
- To settle arising money transfers of
member units in case where their capital are in need of supplement.
- To update (at the end of the day) and
synchronize payment accounts in the accounting system of the BOD.
- To update information on the development
of payments accounts.
b. Through the National payment center, the
BOD shall immediately and at any time, provide following information to member
units:
- The balance of payment accounts;
- The development of requests for the
transfer of money;
- File of money transfer operations that
have been settled;
- The development of requests for clearing
settlement
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- The development of cancelled requests for
the settlement.
3. Managing the clearing settlement
a. To monitor, control the maintenance of net
debt limit of members under provisions of the Governor of the State Bank.
b. To monitor, calculate and maintain the
limit for payments that do not use the limit.
c. To deal with operations relating to the
deposit of valuable vouchers
d. To supervise the clearing settlement in
accordance with provisions stated in Article 29 of this Regulation.
4. Being a member participating in the IBP
system.
To fully comply with provisions of a member
participating in the IBP system as stated in this Regulation.
Article 46. The Head office of members
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. To receive and process electronic data
from the National settlement center by the end of working day. The content of
data includes:
a. Accounted amount receivable (payable) to
payment accounts of Head office;
b. Accounted amount receivable (payable) of
each member unit, through this data, the Head office shall account and settle
accounts "Collection, payment in lieu of member units".
c. The detailed description of each incoming
and out-coming payment order of all member units in the system.
Article 47. Rights and obligations of members and member units
1. Members and member units shall have right:
a. To use all payment services supplied by
the IBP system.
b. To request the National payment center to
give the confirmation on its receipt of payment order sent by them and to
supply information relating to the implementation of that payment order;
c. To request the National Payment Center to
cancel the payment order in accordance with provisions stated in this
Regulation;
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e. To request units to accept the
compensation order for the lateness in the payment of debit transfers with
valid authorization. The compensation level shall be limited within the amount
to be transferred and fine for the delay in payment in accordance with
provisions of current regime.
2. Members and member units shall have
obligations:
a. To comply with provisions on the
preparation and sending of payment order through the IBP system and to be
responsible for the accuracy of data and contents relating to that payment
order.
b. To coordinate with the National payment
center, the provincial processing center, other members and member units to
deal with errors arising during the operating process of the system and
movement to the back-up system.
c. In case where the drawing unit violates
provisions on the preparation, sending of payment order or data, contents in
payment order are not correct leading to the lateness in the payment, the loss
of money and causing other material damages, that unit shall be responsible for
the damages caused by their fault;
d. To comply with provisions on fees and fee
management in the IBP in accordance with Article 10 of this Regulation.
e. Not to reveal or provide information taken
through the IBP system to any subject who has no relevant responsibility.
g. To take responsibility for sharing
deficient amounts with other members in case where any member suffers from the
lack of capital for the clearing settlement.
Article 48. Rights and obligations of the National payment center
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a. To refuse to make payment of high value
payment orders, urgent payment orders, invalid orders of cancellation or refuse
to transfer low value payment orders and low value cancellation orders that are
invalid.
b. To refuse to make payment of high value
payment orders, urgent payment orders, to make low value clearing settlement to
members whose payment accounts are not provided with sufficient money;
c. To inform about members who set up, manage
and adjust the limit of net debt in accordance with provisions of the State
Bank;
2. Obligations of the National payment center
a. To perform valid high value payment
orders, cancellation orders, to inform, upon the request, the payment order and
the result to the provincial processing centers and members relating to that
payment order;
b. To implement procedures in accordance with
provisions for the transmission of low value payment orders, cancellation
orders to the receiving units, except for irresistible cases;
c. To make verification with the provincial
processing center and the drawing unit in the event of suspicion or discovery
of errors in payment orders, cancellation orders with high value;
d. To reconcile payment orders of the
provincial processing center and member units in the system.
Article 49. Rights and obligations of the provincial processing center
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a. To request the drawing unit to draw and
send payment order or cancellation order in accordance with applicable
provisions, to ensure the validity of electronic vouchers to prevent any
behavior of embezzlement, abuse that causes damages to customers;
b. To return the payment order to the drawing
unit, if after stipulated time, account of the drawing unit is not provided
with sufficient money for making payment (credit payment order) under
provisions in this Regulation;
c. To request the National payment center and
other provincial processing centers to confirm their receipt of payment orders
transferred by them and information relating to those payment orders.
2. The provincial-processing center shall
have following obligations:
a. To inform drawing units on the
implementation of payment orders and respond to information relating to those
payment orders;
b. To reconcile the performed payment orders
with the drawing unit and the National payment center;
c. To coordinate with the National payment
center, members and member units to settle errors arising during the operating
process of the system and the movement to the provision system.
Chapter IX.
Dispute
and dispute settlement
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1. Settlement of disputes between members
a. When disputes occur, participating members
shall solve by conciliation measure on the basis of mutual belief;
b. In case where disputes cannot be resolved
through mutual conciliation, parties may request the executive committee of the
IBP system to resolve. Upon the consideration of files submitted by parties,
the executive committee shall make decision on the settlement or hold a meeting
between parties involved in the disputes to listen to opinions of parties before
making decision on the settlement.
c. In case where parties do not satisfy with
settlement decision of the executive committee, they may request for the
solution in accordance with provisions of applicable laws.
2. Settlement of disputes with customers
When any dispute with customers arises,
requiring members and payment members shall be responsible for providing,
exchanging data with each other and report to competent authorities for
solution.
Article 51. Procedures and time for dispute settlement
1. In the event of error and lateness in
payment, members may directly submit a complaint to the party that causes
damages to them. The time limit for complaining is one month at the most from
the date when the receiving unit receives payment order; Within 10 days from
the date of its receipt of the complaint, complaint receiving party must
explain clearly reasons for those errors and lateness. If errors are caused by
complaint receiving party, the receiving party shall be responsible for
compensation for suffering party within one month from the receiving date of
the complaint.
2. In case where disputing parties request
the executive committee to resolve, they must submit an application for
conciliation attached with necessary data to the executive committee. On
receipt of request for the dispute reconciliation from relevant members and
through the verification of received data, the executive committee shall carry
out the dispute conciliation on the basis of satisfactory, appropriate analysis
and settlement between parties. Within 15 days, after getting the decision of
the executive committee, relevant members shall be responsible for the
implementation of this decision.
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Chapter X.
VIOLATIONS
AND DEALING WITH VIOLATIONS
Article 52. Acts of violation
1. Operations occur many times in the queue
of the National payment center due to inappropriate supervision of the balance
of payment accounts or improper management payments;
2. To leak or disclose information which are
indissoluble relating to the IBP system;
3. To assign unauthorized person to draw,
transmit transactions through the IBP system;
4. To intentionally delay procedures for the
return of payments which have been performed with errors;
5. To transfer money into account of receiver
after stipulated time;
6. To be late in crediting in deposit account
of the designated receiving party, although customers have received notice on
their transfer of money from bank after their transfer of money;
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8. To obstruct the operation of the IBP
system due to the violation of provisions and Regulation of the State Bank.
Article 53. Dealing with violations
Any act of violation of the Regulation on the
inter-bank electronic payment shall, depending on the nature, seriousness, be
subject to administrative punishment in accordance with the Decree on
administrative punishment in banking area or be prosecuted for criminal
liability and be responsible for material compensation for damages caused by
them in accordance with provisions of applicable laws.
Charter XI.
IMPLEMENTING
PROVISIONS
Article 54. Implementing responsibilities
The Banking Information Technology
Departments shall be responsible for compiling, providing the guidance and
examining the implementation of the technical Process of inter-bank electronic
payment system operation.
Heads of Departments, units of the State Bank,
Head office, General Managers of the State Bank branches in provinces, cities
shall, within the scope of their functions, assignments, be responsible for
providing the guidance and implementing this Regulation.
General Directors, Directors of payment service
suppliers shall be responsible for providing the guidance and organizing the
implementation of provisions in this Regulation within their system.
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The amendment,
supplement of this Regulation shall be decided upon by the Governor of the State
Bank of Vietnam.
FILE ATTACHED
