THE STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No.
48/2007/QD-NHNN
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Hanoi,
December 26, 2007
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DECISION
PROMULGATING
THE REGULATION ON COLLECTION OF PAYMENT SERVICE CHARGES VIA PAYMENT
SERVICE-PROVIDING INSTITUTIONS
THE STATE BANK GOVERNOR
Pursuant
to the 1997 Law on the State Bank of Vietnam and the 2003 Law Amending and
Supplementing a Number of Articles of the Law on the State Bank of Vietnam;
Pursuant to the 1997 Law on Credit Institutions and the 2004 Law Amending and
Supplementing a Number of Articles of the Law on Credit Institutions;
Pursuant to the Governments Decree No. 64/2001/ND-CP of September 20, 2001, on
payment via payment service providing institutions;
Pursuant to the Governments Decree No. 52/2003/ND-CP of May 19, 2003, defining
the junctions, tasks, powers and organizational structure of the State Bank of
Vietnam;
At the proposal of the head of the Payment Department,
DECIDES:
Article 1. To promulgate together with this Decision the Regulation
on collection of payment service charges via payment service providing
institutions.
Article 2. This Decision takes effect on April 1, 2008, and
replaces the State Bank Governors Decision No. 448/2000/QD-NHNN2 of October 20,
2000, on collection of via-bank payment service charges.
Article 3. The director of the Office, and the head of the Payment
Department, the director of the Banking Information Technology Department and
the chief inspector, of the State Bank, heads of concerned units under the
State Bank, directors the State Banks provincial/municipal branches and general
directors (directors) of payment service-providing institutions shall implement
this Decision.
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FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Phung Khac Ke
REGULATION
ON
COLLECTION OF PAYMENT SERVICE CHARGES VIA PAYMENT SERVICE-PROVIDING
INSTITUTIONS
(Promulgated together with the State Bank
Governors Decision No. 48/2007/QD-NHNN of December 26, 2007)
Chapter I
GENERAL PROVISIONS
Article 1. Governing
cope
This Regulation applies to the
collection and payment of payment service charges via payment service-providing
institutions.
This Regulation does not apply to
in-cash payment services.
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Payment service-providing
institutions;
Organizations and individuals
conducting payment transactions via payment service-providing institutions
(below referred to as customers for short).
Article 3.
Application of international rules and practice in collection of payment
service charges
1. With regard to international
payment services, if a treaty to which the Socialist Republic of Vietnam has
signed or acceded contains provisions different from those in this Regulation,
the provisions of that treaty prevail.
2. Payment service-providing
institutions licensed to provide international payment services may make
agreements on the application of international customs and practice which do
not contravene the law of the Socialist Republic of Vietnam.
Article 4. Payment service charge
means a sum of money payable by a customer to a payment service-providing
institution for a payment service provided by the latter.
Chapter II
SPECIFIC PROVISIONS
Article 5. Currency in which payment service charges are paid
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The currency in which payment
service charges are paid is Vietnam dong.
2. For payment to foreign countries
or domestic payment in foreign currency: The currency in which payment service
charges are paid may be Vietnam dong (VND) or US dollar (USD) or another
foreign currency as agreed upon between payment service-providing institutions
and customers, which, however, must comply with the law on management of foreign
exchange.
Article 6. Documents used upon collection of payment service
charges
1. Payment service-providing
institutions shall make and supply charge receipts to charge payers in
accordance with law.
2. Documents used upon collection
of payment service charges must comply with the State Banks current regulations
on accounting documents as well as legal provisions on accounting documents and
goods sale and service invoices.
Article 7. Calculation and collection of value added tax (VAT) upon
collection of payment service charges
1. The State Bank does not impose
and collect VAT upon collection of payment service charges.
2. Payment service-providing
institutions (except the State Bank) may calculate and add VAT upon collection
of payment service charges in accordance with the tax law.
Article 8. Accounting of payment service charges
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Article 9. Principles for setting payment service charge rates
1. Charge rates of payment services
invested by the State must ensure the recovery of invested capital within a
reasonable time limit, taking into account the state policy in each period.
2. Charge rates of payment services
invested by organizations or individuals must ensure the recovery of invested
capital and reasonable profit.
Article 10. Competence to set payment service charge rates
1. The State Bank Governor shall
specify:
a/ Charge rates for payment
services provided by the State Bank to customers:
b/ Charge rates for a number of
payment services provided by payment service-providing institutions (except the
State Bank) to customers, which must be unified for the purposes of implementation
of the state policies and management of banking operations in each period.
2. General directors (directors) of
payment service-providing institutions shall set service charge rates for
payment services provided by their institutions to customers (except those
services with charge rates set by the State Bank Governor according to his/her
competence prescribed at Point b, Clause 1 of this Article).
Article 11. When promulgating or modifying its payment service
charge table, a payment service-providing institution shall:
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2. Send that table within 15 days
after its promulgation or modification to the State Banks Payment Department
and Inspectorate for management and monitoring.
Article 12. Principles for collection of payment service charges
1. Payment service-providing
institutions may collect charges from service users at the charge rates
specified in their charge tables and may not collect any other charges (unless
they are agreed with customers before the provision of payment services).
2. If customers request to cancel
payment services or the provision of those services fails due to errors or
incidents not at their fault, payment, service-providing institutions need not return
the collected payment service charge amounts.
3. Payment service-providing
institutions may not collect payment service charges for amounts (debts,
interests, service charges, payments for purchase of printing papers or payment
instruments) paid by customers directly to their units.
4. With regard to domestic payment
transactions, payment service-providing institutions that serve payees may not
arbitrarily collect payment service charges from the payees.
5. With regard to domestic payment
transactions, payment service-providing institutions may not arbitrarily deduct
amounts transferred by customers for the collection of payment service charges
arising between them.
Article 13. Ways of collecting and paying payment service charges
1. Lump-sum collection: Payment
service-providing institutions collect charges right at the time of providing
payment services to customers.
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3. Payment service-providing
institutions and customers may reach agreement on and select appropriate ways
of collecting and paying charges in compliance with current legal provisions on
accounting documents and relevant regulations.
Article 14. Collection and payment of payment service charges
between payment service-providing institutions and customers
Payment service-providing
institutions may reach agreement directly with customers on payment service
charge-collecting and -paying units on the principle of equality, voluntariness and lawfulness. In case of unavailability of
such agreement, the collection and payment of charges shall be conducted as
follows:
1. With regard to domestic payment
services:
a/ Supply of payment instruments:
Payment service-providing institutions which supply payment instruments shall
collect service charges from customers that need to use these instruments;
b/ Money transfer: Payment
service-providing institutions which serve money transferors shall collect
payment service charges from customers being money transferors;
c/ Authorized collection: Payment
service-providing institutions which serve collection authorizes or money
claimants shall collect payment service charges from customers being payees;
payment service-providing institutions which serve payers shall collect payment
service charges from customers being payers;
d/ Other payment services: Payment
service-providing institutions which provide payment services to customers
shall collect payment service charges from customers being service users.
2. With regard to international
payment services:
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b/ Inward remittance: Payment
service-providing institutions which serve recipients shall collect payment service
charges from customers being recipients;
c/ Authorization of foreign parties
to collect foreign checks or currencies not up to circulation criteria or
document sets for domestic customers: Payment service-providing institutions
which serve payers or claimants shall collect charges from customers being
payers or claimants for receiving, processing and sending documents abroad for
authorized collection and settlement of authorized collection results;
d/ Collection under
authorization by foreign parties: Payment service-providing institutions which
serve payers shall collect charges from customers being domestic payers for the
receipt of money and authorized collection and payment (transfer of money)
abroad.
Article 15. Collection and payment of payment service charges
between payment service-providing institutions
1. Between the State Bank and its
customers:
The State Bank shall periodically
collect payment service charges from its customers under the provisions of
Clause 2, Article 13 of this Regulation.
The State Banks units providing
payment services shall collect charges from customers being money transfer
requesters (except for cases of mutual agreement on centralized charge
collection at the State Banks Transaction Bureau).
2. Between payment service-providing
institutions (except the State Bank):
Payment service-providing
institutions may reach agreement with one another on the creation and payment
of payment service charges with regard to amounts arising between them or they
receive from each other directly or via payment systems.
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IMPLEMENTATION PROVISIONS
Article 16. Responsibilities of concerned units
1. The head of the Payment
Department shall guide the implementation of this Regulation.
2. The State Banks chief inspector,
the director of the General Control Department shall inspect and supervise the
implementation of this Regulation.
3. The director of the Banking
Information Technology Department shall organize the creation and application
of computer software for calculation and collection of payment service charges
for the State Bank.
4. General directors (directors) of
payment service-providing institutions shall guide and implement this
Regulation at their own units.
Article 17. Handling of violations
Organizations and individuals
violating this Regulation shall, depending on the nature and severity of their
violations, be disciplined or administratively handled, and, if causing damage,
pay compensation in accordance with law.