THE
STATE BANK OF VIETNAM
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
19/2016/TT-NHNN
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Hanoi,
June 30, 2016
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CIRCULAR
ON BANK CARD OPERATIONS
Pursuant to the Law on the State
bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions
No. 47/2010/QH12 dated June 16, 2010;
Pursuant to Decree No.
101/2012/ND-CP dated November 22, 2012 of the Government on non-cash payment;
Pursuant to the Government's
Decree No. 156/2013/ND-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State bank of Vietnam;
At the request of the Director
of the Payment Department;
The Governor of the State bank
of Vietnam promulgates a Circular on bank card operations.
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GENERAL PROVISIONS
Article 1.
Scope
This Circular deals with operations
of bank cards (hereinafter referred to as cards), including: issuance, usage,
payment, switching, clearing and settlement of card transactions.
Article 2.
Regulated entities
1. Card issuers.
2. Acquirers.
3. Switching companies.
4. Clearing houses.
5. Merchants.
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7. Other organizations and
individuals related to bank card operations.
Article 3.
Interpretation of terms
For the purposes of this Circular,
these terms below shall be construed as follows:
1. Bank card means an
instrument issued by a card issuer for conducting card transactions under the
conditions and terms agreed upon by the involved parties.
Cards regulated in this Circular do
not cover types of cards issued by good suppliers or service providers for the
purpose of use in the payment for goods and services for the card issuers
themselves.
2. Debit card means a card
that authorizes its holder to conduct card transactions within the amount of
money available and overdraft limit (if any) on the payment deposit account of
the cardholder opened at a card issuer.
3. Credit card means a card
that authorizes its holder to conduct card transactions within the credit limit
granted under the agreement with the card issuer.
4. Prepaid card means a card
that authorize its holder to conduct card transactions within the value limit
deposited to the card corresponding to the amount of money already prepaid by
its holder to the card issuer.
Prepaid cards include: Personalized
prepaid card (identifying the cardholder) and anonymous prepaid card (not
identifying the cardholder).
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6. Physical card mean a card
with existing forms of material, usually made of plastic, fitted with a
magnetic strip or electronic chip to store card data.
7. Non-physical card means a
card without existing form of material but contain the information prescribed
in Article 12 of this Circular, which is issued by a card issuer to conduct
transactions via Internet, cell phones, or other electronic devices that accept
the card. A non-physical card may be converted into physical card at the
request of the cardholder.
8. Card transaction means a
card is used to make deposit and/or withdrawal of cash, money transfer, payment
of goods or services and to use other services provided by the card issuer and
card acquirer.
9. Fake card means a card
containing information of genuine card and genuine cardholder which is not
issued by the card issuer.
10. Fraud card transaction mean
a transaction using fake cards, using card or card information illegally.
11. Cardholder means an
individual or organization that is authorized to use a card issued by a card
issuer, including principal cardholder and supplementary cardholder.
12. Principal cardholder means
an individual or organization that bears his/her/its signature in an agreement
on card issuance and usage concluded with a card issuer.
13. Supplementary cardholder means
an individual who is authorized by the principal cardholder to use the card and
the principal commits in writing to fulfill all obligations arising from the
agreement on card issuance and usage.
14. Card issuer means a
credit institution or a branch of foreign bank that is licensed to issue cards
as prescribed in Article 9 of this Circular.
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16. Switching company means
a company providing payment intermediary services by switching card
transactions for card issuers, acquirers, international card associations and
merchants agreed upon in writing by involved parties.
17. Clearing house means a
company providing payment intermediary services by making clearing of financial
liabilities for card issuers, acquirers, international card associations and
merchants agreed upon in writing by involved parties.
18. Merchant means an
individual or organization that accept cards as a form of payment for goods and
services according to the card payment agreement concluded with an acquirer.
19. International card
association means an organization which is established in a foreign country
under such country's regulations and law, and has agreements concluded with
card issuers, acquirers and other involved parties to issue and make payments
of cards bearing codes of card issuers granted by the international card
association in accordance with Vietnamese law and international commitments.
20. Automated Teller Machine (ATM)
means a device which can be used by cardholders to: make deposit or withdrawal
of cash, money transfer, bill payment, account inquiry, PIN change, account
inquiry or use other services.
21. Point of sale terminals, including
Point of Sale (POS for short), Mobile Point of Sale (mPOS for short) and other
point of sale terminals devices, are card readers and terminals that are
installed and used at merchants and allowed cardholders to use cards to make
payments of goods and services. A POS may be installed at a branch or
transaction office of an acquirer to provide cash for cardholders as agreed
upon between the acquirer and the card issuer.
22. Personal Identification
Number (PIN for short) means a numeric password which is granted initially
by a card issuer to a cardholder for use and being changed subsequently by the
cardholder according to regulated process for card transactions.
23. Bank Identification Number means
a numeric code to indicate a card issuer as prescribed by the State Bank of
Vietnam (hereinafter referred to as the State Bank).
24. Agreement on card issuance
and usage means an agreement on card issuance and usage concluded by a card
issuer and a cardholder.
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Article 4. Card
currency
1. On Vietnamese territory:
a) Cash withdrawal by cards must be
made in Vietnamese dong;
b) For other card transactions:
(i) Transaction currency is
Vietnamese dong. In case where foreign exchange is permitted for a transaction
as prescribed by law on foreign exchange management, the transaction currency
will be Vietnamese dong or Vietnamese dong and foreign currency;
(ii) Currency of payment is
Vietnamese dong. Merchants are required to accept payments only in Vietnamese
dong made by acquirers;
c) In case of conversion into
Vietnamese dong from a foreign currency, the exchange rate between Vietnamese
dong and such foreign currency shall be agreed upon the involved parties in
accordance with regulations of the State Bank.
2. Outside Vietnamese territory:
When a card transaction is conducted
outside Vietnamese territory, the cardholder must make a payment in Vietnamese
dong to the card issuer according to the exchange rate agreed upon by the
parties in accordance with regulations of the State bank.
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1. Only card issuers are permitted
to collect fees and charges from cardholders. Each card issuer must collect
fees and charges according to its own schedule of card service fees and charges
and must not collect any additional type of fees/charges not mentioned in the
announced schedule of card service fees and charges. The schedule of card
service charges must specify types of fees and charges applicable to every card
and card services. The schedule of card service fees and charges of card
issuers must comply with regulations of law, be posted publicly and provided
for cardholders before its application and upon any change to this schedule.
Types of notification and supply of information of those charges to cardholders
must be specified in the agreement on card issuance and usage. A period of at
least 7 days is required for the application of any change of the service
charges from the date on which it is informed and such period must be specified
in the agreement on card issuance and usage.
2. The acquirer and the merchant
may enter into an agreement on discount charges. The interchange fees between
card issuers, acquirers, switching companies, clearing houses, and
international card associations shall be agreed upon by the involved parties as
prescribed by law.
Article 6.
Actions against risks and losses in trading cards
1. Card issuers must setting up
credit risk reserves to offset risks arising from card trading as prescribed in
regulations of the State Bank on establishment and use of credit risk reserves.
2. With regard to other types of
risks in card trading, card issuers and acquirers shall offset losses arising
from card trading as prescribed in regulations on financial regime applicable
to credit institutions and branches of foreign banks.
Article 7. Seizure
of cards
A card shall be seized in any of
the following cases:
1. It is fake;
2. It is used illegally.
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4. Other cases of card seizure as
agreed upon in the agreement on card issuance and usage.
Article 8.
Prohibited acts
1. Making, using, assigning and
circulating fake cards.
2. Conducting fraud card
transactions; fictitious transactions at merchants (no occurrence of any sale
of goods and provision of services).
3. Merchants collect additional
fees or practice price discrimination against cardholders making card-based
payment.
4. Stealing or collaborating with
other entities to steal card information; disclosing and providing information
about cards, cardholders and card transactions not in accordance with
regulations of law.
5. Illegally accessing or
attempting to illegally access or destroy the program or database in the system
of issuance, payment, switching, and clearing of cards.
6. Using cards to conduct
transactions for the purposes of money laundering, terrorism financing, fraud
and other violations of law.
Chapter II
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Article 9. Card
issuers
1. Commercial banks, banks for
social policies, and branches of foreign banks are permitted to issue cards
provided that their licenses or amended licenses issued by the State Bank
indicate the card services.
2. Banks for social policies are
permitted to issue cards as prescribed by the Government and the Prime
Minister.
3. Financial companies are permitted
to issue credit cards subject to the approval of the State Bank. Factoring
companies are not permitted to issue cards.
4. Any credit institution that is
permitted to conduct foreign exchange transactions may enter into an agreement
on card issuance with an international card association. Its BIN will be issued
by such international card association.
Article 10.
Procedures for card issuance
1. A card issuer must lay down
internal regulations on card issuance within its system. When issuing non-physical
cards, a card issuer must formulate documents on process of card opening and
closing, process of card transactions, process of risk management (including
the following steps: Identification, measure, control and actions against
risks), scope of card usage and measures for control of card usage within the
agreed scope.
2. Before a new card model is
issued or the current card model is changed, the card issuer must register such
card with the State Bank. Applications and procedures for registration of card
model shall comply with Article 11 of this Circular. Upon the approval of the
registration of card model by the State Bank, the card issuer may issue the
registered card.
3. When a principal cardholder
requests a card issuer to issue a debit card, the principal cardholder is
required to have a payment account opened at such card issuer.
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5. Before signing an agreement on
card issuance and usage, the card issuer request the cardholder to provide
sufficient information and necessary document for identification as prescribed
by law.
6. Card issuers in Vietnam must use
BIN issued by the State Bank, other than regulations in Clause 7 of this
Article.
7. Any card issuer in Vietnam that
enter into an agreement on co-branded card with an international card association
is entitled to use the BIN issued by such international card association.
8. Card issuers may not agree with
other organizations to restrict the issuance of co-branded cards.
9. When the issuance of a card
model is suspended, the card issuer must sent notification in writing to the
State Bank for management.
Article 11.
Applications and procedures for registration of card models
1. A card issuer shall make an
application for registration of card model and send it, directly or by post, to
the State Bank, the application shall include:
a) An application form for
registration of card model as prescribed in Appendix enclosed with this
Circular;
b) A card model in kind (for
physical card) or an intended card model in printed form (for non-physical
card);
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d) A copy of the agreement
concluded with the switching company, clearing house or an organization engaged
in association of card issuance (if any).
2. In case where documents included
in the application for registration of card model are copies, the card issuer
may decide whether to submit certified true copies or copies issued according
to master registers or copies along with original copies for collation, the
person who collate the documents shall bear his/her signature in the copies for
authorization and take responsibility for the accuracy between the copies and
the originals. If the documents prescribed in Point c and Point d Clause 1 of
this Article are sent to the State Bank and remain unchanged, the card issuer
is not required to re-send them in the application for registration of card
model.
3. Within 5 working days from the
day on which the satisfactory application is received, the State Bank shall
grant an authorization of the card model registered by the card issuer.
Article 12.
Information on cards
1. Information on a card must
contain:
a) Name of the card issuer
(abbreviated name or trade logo) in the front side of the card;
b) Name of the switching company of
which the card issuer is a member (abbreviated name or trade logo of the
switching company);
c) Name or brand name of the card
(if any);
d) Card number;
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e) Full name of the cardholder
being individual; or name of the cardholder being organization and full name of
the person who is authorized to use the card on behalf of the organization. This
provision does not apply to anonymous prepaid cards.
2. Apart from the information
prescribed in Clause 1 of this Article, the card issuer may regulate other
information on cards provided that it comply with Vietnamese law.
Article 13.
Agreement on card issuance and usage
1. An agreement on card issuance
and usage must contain at least the following contents:
a) Number of agreement;
b) Date of agreement;
c) Name of the card issuer, name of
the cardholder; full name of the person who is authorized to use the
organization's card;
d) Rights and obligations of
contracting parties;
dd) Regulations on fees and charges
(types and changes of fees and charges);
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g) Card facility agreement and
changes of card facility agreement, including overdraft limit (for debit cards)
and credit limit, terms of credit, loan term, minimum sum of repayment, method
of repayment, interest (for credit cards and debit cards to which the overdraft
facility is provided). The credit facility agreement concluded with the
cardholder may be specified in the agreement on card issuance and usage or in
another document;
h) Scope of card usage;
i) Cases of rejection of card-based
payment;
k) Cases of temporary lock, seizure
or validity cancellation of cards during their usage;
l) Cases of refund of the remaining
sum of the card;
m) Safety and security measures
required during the card usage and card losses or card disclosure;
n) Actions against trace requests,
complaints and dispute during the card usage.
2. With respect to anonymous
prepaid cards, card issuers must provide terms and conditions for issuance of
usage of anonymous prepaid cards and announce them to customers. The card
issuer must enter into an agreement with an applicant for issuance of anonymous
prepaid card, which at least contains: information about the applicant; number
of cards to be issued, card limit, deposit made into the card, scope of card
usage, validity period (or the validity date) of the card.
Article 14.
Card limit
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2. With regard to anonymous prepaid
cards, the card issuer shall specify balance limit and deposit limit, provided
that the balance of an anonymous prepaid card does not exceed VND 5 million at
a time.
Article 15.
Credit card-based credit facility agreement
1. Credit card-based credit facility
agreement must satisfy the following requirements:
a) Be bound by the agreement on
card issuance and usage and other agreements on credit facility between the
card issuer and the cardholder (if any);
b) The card issuer must issue
internal regulations on credit card-based credit facility in accordance with
regulations of law on prudential measures in credit facilities, including
entities, credit limit, requirements, time limits for credit extension, loan
term, applicable interests, process of assessment and decision on card-based
credit extension in conformity with the rules of specific responsibility of
process of assessment and decision on credit extension;
c) The card issuer shall consider
and decide the card-based credit extension if the following requirements are
satisfied:
(i) The cardholder is an eligible
entity prescribed in Point a Clause 1 and Clause 2 Article 16 of this Circular
and is not an entity ineligible for credit extension prescribed in Point 126 of
the Law on credit institutions and guidelines of the State Bank;
(ii) The cardholder must use the
loan amount for proper purposes and its/his/her financial capacity for repaying
debt on schedule;
d) The card issuer shall consider
requesting the cardholder to provide types of security for its/his/her
liability as prescribed.
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3. The card-based credit facility
and loans under debit cards’ overdraft limit granted by the card issuer shall
comply with regulations on credit facility agreements prescribed in Article 127
and Article 128 of the Law on credit institutions and guidelines of the State
Bank.
Chapter III
USAGE OF CARDS
Article 16.
Eligible entities
1. For principal cardholders being
individuals:
a) Any person who is 18 years of
age or older and has full legal capacity as prescribed by law is permitted to
use debit cards, credit cards and/or prepaid cards;
b) Any person aged 15 to less than
18 years who does not have lack of legal capacity or limited legal capacity,
and has his/her own assets to be taken as security in the card usage is
permitted to use debit cards without overdraft facility and prepaid cards.
2. For principal cardholders being
organizations: Organizations legally established and operated under Vietnamese
law, including: juridical persons, private enterprises shall be permitted to
use all types of cards. The cardholder being organization may authorize a
person to use the organization’s card on its behalf or use supplementary card
as prescribed in this Circular.
3. With respect to supplementary
cardholders:
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a) An person who is 18 years of age
or older and has full legal capacity as prescribed by law is permitted to use
debit cards, credit cards and/or prepaid cards;
b) An person aged 15 to less than
18 years who does not have lack of legal capacity or limited legal capacity and
obtain an authorization in writing made by his/her legal representative to
permit him/her to use debit cards without overdraft facility and prepaid cards;
c) An person aged 6 to less than 15
years who does not have lack of legal capacity or limited legal capacity and
obtain an authorization in writing made by his/her legal representative to
permit him/her to use debit cards without overdraft facility and prepaid cards;
Article 17.
Rules of card usage
1. Each cardholder must provide
sufficient and accurate information as required by the card issuer in the
agreement on card issuance and usage and take responsibility for the accuracy
of the information provided.
2. When using a credit card or a
debit card with overact facility, the cardholder must use money properly and
make full and due repayment of loan amounts and interests thereof to the card
issuer as specified in the agreement concluded with the card issuer.
3. Scope of card usage:
a) Debit cards and personalized
prepaid cards are used to conduct card transactions as agreed upon by the
cardholder and the card issuer;
b) Credit cards are used to pay for
the purchase of goods and services; deposit and withdrawal of cash as agreed
upon between the cardholder and the card issuer;
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d) Supplementary card issued to a
supplementary cardholder aged under 15 years is not used to withdraw cash but
only for pay for purchase properly as agreed upon in writing between the card
issuer and the principal cardholder.
Article 18.
Prudential measures in the card usage
1. The card issuer shall:
a) Take self responsibility in risk
management upon their issuance of cards registered with the State Bank;
b) Provide customers with
guidelines for card services, process of card usage, risks possibly taken
during the card usage and actions against problems;
c) Initiate prudential measures and
risk avoidance for card transactions in conformity with the electronic banking
risk management principles; keep confidential information relating to card
operations; to ensure the uninterrupted and safe operation of the system of
infrastructure and software used in the administration of card issuance and
payment activities;
d) Set up and operate a
round-the-clock hotline to receive and take prompt actions against information
sent by cardholders;
dd) Cooperate with acquirers,
switching companies and clearing houses in initiation of prudential measures
for card transactions; and in management of risks possibly taken by other
entities according to rules of risk management in internet banking activities;
e) Provide information about cards
in doubt about fraud for authorities in charge of investigation of card-related
crime; check and cooperate with authorities in update of the list of cards to
be rejected for payment or in doubt about fraud that are provided for acquirers
and merchants; cooperate with authorities and related entities in card-related
crime prevention and fighting and actions against such as prescribed by law;
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2. Each cardholder and the person
authorized to use an organization’ card must preserve the card, ensure security
of the PIN, other authorization numbers, card information, transaction
information without any disclosure; notify and cooperate with the card issuer
in actions against cases of card losses or make related trace requests or
complaints.
3. Each acquirer must cooperate
with card issuers, switching companies, clearing houses, merchants, authorities
and relevant entities in card-related crime prevention and fighting.
4. Each merchant must implement all
professional measures and processes and ensure the security of cardholders’
information, quickly discover card-related fraud acts as guided by the acquirer
and take responsibility for any damage caused by its non-observance of
regulations of the acquirer.
5. When the card issuer or the
acquirer enters into an agreement on card issuance and payment with another
organization, such agreement must contain the responsibility of the
organization for observance of regulations of law on protection of personal
data, personal privacy, security of documents, card information, card
transactions and accounts of the cardholder.
Article 19.
Actions against cases of card losses or card disclosure
1. When a card is lost or a card’s
information is disclosed, the cardholder must promptly notify the card issuer.
2. Upon the receipt of the
notification, the card issuer shall lock the card and cooperate with relevant
entities to carry out necessary operation to prevent possible damage and send
another notification to the cardholder. The time limit for the actions against
notification received from the cardholder does not exceed 5 working days for
the card whose BIN is issued by the State Bank or 10 working days for the card
whose BIN is issued by an international card association from the date on which
the notification is received.
3. In case where such card is
misused that cause damage, the card issuer and the cardholder shall allocate
their equivalent responsibility and negotiate the measures for damage. In the
event that both parties fail to reach a consensus on the measures for damage,
regulations of law shall apply.
Article 20.
Tracing and actions against complaints during the card usage
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2. The card issuer shall provide
specific regulations on the time limit for a trace request provided that it is
at least 60 days from the date on which the transaction for which the trace
request is made proceeds.
3. The card issuer must process the
trace request made by the cardholder and reply within the time limit agreed
upon the involved parties in accordance with regulations of law. If the mistake
is involved by the acquirer, the card issuer shall notify the acquirer promptly
and cooperate with the acquirer and relevant parties for processing. The
acquirer must reply the trace request made by the cardholder within 5 working
days for a transaction taken place at an ATM located in Vietnam by a card
issued by a Vietnamese card issuer and within 10 working days for a transaction
taken place through POS/mPOS located in Vietnam by an card issued by an
acquirer; or within a period agreed upon by the relevant parties for other
transactions from the date on which the request made by the card issuer is
received.
4. In case of disagreement with the
reply of the card issuer, the cardholder is entitled to institute a lawsuit
against the card issuer as prescribed by law.
Chapter IV
PAYMENT AND SETTLEMENT OF CARD TRANSACTION
Article 21.
Organizations eligible for processing card payments
1. Commercial banks, banks for
social policies, and branches of foreign banks are permitted to process card
payments provided that their licenses or amended licenses issued by the State
Bank indicate the card services.
2. Banks for social policies are
permitted to process card payments as prescribed by the Government and the
Prime Minister.
3. Acquirers licensed to conduct
foreign exchange transactions are permitted to process payments of cards whose
BINs are issued by international card associations.
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1. The acquirer must cooperate with
relevant parties in formulation of processes and procedures for card payments,
which clarify processes of card transactions and responsibility of relevant
parties in accordance with this Circular and regulations in force on internet
banking activities; management and operation, prudential measures and
continuous operation of equipment used for card payments.
2. Processing card payments:
a) In case the acquirer and the
card issuer is the same, the acquirer shall take responsibility for the entire
process of card payments and deal with all problems arising thereof;
b) In case the acquirer and the
card issuer is not the same, the process of card payments shall be carried out
as agreed upon by the acquirer and the switching company, card issuer,
international card association and relevant parties in terms of processes and
procedures for card payments.
3. Responsibilities of the acquirer
towards merchants:
a) Draw up, negotiate and conclude
card payment agreements with merchants;
b) Install point of sale terminals,
set up transmission lines and provide other technical in service of card
payments;
c) Provide merchants with guidance
on use of point of sale terminals, processes of card payments, measures for
detecting fraud and security of cardholders’ information;
d) Accept and process trace
requests and complaints filed by merchants;
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4. The acquirer must emboss name
(abbreviated name or trade logo) of the switching company of which the acquirer
is a member on the ATM card of the acquirer and on the POS of the acquirer at
the merchant's premises.
5. The acquirer must not practice
any discrimination in payment of cards whose BINs are issued by the State Bank
and cards whose BIN are issued by international card associations; the acquirer
must not enter into any agreement on restriction or prevention of the
acceptance of transactions conducted through co-branded cards with other
entities.
6. The acquirer must provide
sufficient and accurate information and documents on card payment at the
request of the State Bank.
Article 23.
Merchants
1. Merchants must notify publicly
in writing that they does not practice price discrimination or collect any fees
or charges from payments for purchase of goods and/or services by cards in
comparison with payments in cash. The merchant must refund, directly or through
the acquirer, a sum of price difference or additional fees and/or charges
collected illegally to the cardholder.
2. The merchant must adhere to the
agreement concluded with the acquirer.
3. The merchant is entitled to make
a trace request or file a complaint against a mistaken transaction or a
transaction in doubt about mistake and claim damage as prescribed by law.
Article 24.
Switching companies and clearing houses
1. The switching and clearing for
card transaction between card issuers and acquirers relating to transactions of
cards whose BIN issued by the State Bank shall be conducted by switching
companies or clearing houses licensed by the State Bank.
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3. The clearing of card
transactions whose BIN issued by international card associations shall be
conducted as agreed upon between card issuers, acquirers and relevant parties.
4. The switching company and the
clearing house shall enter into an agreement with members on standards, rules,
professional procedures and other regulations on switching and clearing of card
transactions in accordance with regulations of law.
5. The switching company and the
clearing house shall facilitate the system connected with card issuers,
acquirers and international card associations directly as agreed by contracting
parties to ensure the safe and continuous switching services and other services
provided for members and international card associations.
Article 25.
International card associations
1. Each international card
association shall conclude an agreement with switching companies licensed by
the State Bank in accordance with Clause 2 Article 24 of this Circular.
2. Each international card
association may not give restrictions to card issuers and acquirers for the
purposes of:
a) Unfair treatment in terms of
brand names of association organizations to be embossed on cards;
b) Restriction on rights of
merchants to select switching companies based on regulations on fees and
charges and other obligations.
Article 26.
Settlement of results of clearing for card transactions
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Article 27.
Rejection of card payments
1. Card issuers, acquirers and
merchants must reject the card payment in any of the following cases:
a) The card is used in a prohibited
card transaction as prescribed in Article 8 of this Circular;
b) The card has been lost as
notified by the cardholder;
c) The card is expired;
d) The card is locked.
2. Card issuers, acquirers and
merchants may reject the card payment as agreed in any of the following cases:
a) The balance on the payment
deposit account, the credit limit or the overdraft limit (if any) is
insufficient for the payment;
b) The cardholder breaches any of
the regulations of the card issuer on the cases of rejection of card payments as
agreed upon by the cardholder and the card issuer.
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4. A notification on the rejection
of a card takes effect at the time the involved party in card payment
activities receives the notification in the form of a document or legally valid
data messages. In case where an involved party still process the payment of
such card regardless of receipt of the notification resulting in the misuse of
the card, the contracting parties shall determine responsibility according to
their agreement.
Chapter V
REPORTING, SUPLLY OF INFORMATION, AND HANDLING OF
VIOLATIONS
Article 28.
Reporting
1. Card issuers, acquirers,
switching companies and clearing houses shall send regular reports in
accordance with statistical reports and regulations of the State Bank.
2. Upon the issuance of internal
regulations on card issuance and payments, the card issuer and acquirer must
send them to the State Bank for supervision.
3. At least 15 days before a
schedule of service fees and charges applies (new/amended schedule), the card
issuer must send such schedule to the State Bank for supervision.
4. Card issuers, acquirers and card
transaction clearing service providers shall send reports to the State Bank in
the following cases:
a) Upon specific requests of the
State Bank for state management purposes;
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Article 29.
Information provision
1. Card issuers, acquirers,
merchants, switching companies, clearing houses and international card
associations must ensure the confidentiality of card information, cardholders,
card transactions and provide information only at the request of the
cardholder, competent authorities or as prescribed by law.
2. Card issuers and acquirers shall
enter into agreements on information sharing in line with card operation as
prescribed by law.
3. International card associations
shall provide information about transactions of cards whose BINs are issued by
international card associations at the request of the State Bank for state
management.
Article 30.
Actions against violations
Organizations and individuals that
violate the regulations in this Circular shall, depending on the nature and
severity of their violations, be administratively handled or, in case of
serious violation, liable to criminal prosecution; if causing damage, they
shall pay compensations therefor in accordance with law.
Chapter VI
IMPLEMENTATION
Article 31.
Responsibilities of State Bank units
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a) Monitor the implementation of
Circular and act as advisor for the Governor of the State Bank to handle
difficulties arising during the implementation of this Circular;
b) Process procedures for
registration of card models; receive and monitor suspension of issuance of
cards of card issuers.
2. Bank Supervision and Inspection
Agency; branches of the State Bank of provinces and central-affiliated cities
Carry out inspection of observance
of this Circular, take actions against violations within their competence and
notify the Payment Department and relevant entities of results.
Article 32. Entry
into force
1. This Circular comes into force
as of August 15, 2016, except for Clause 2 of this Article.
2. Clause 2 of Article 24 of this
Circular comes into force from January 1, 2018.
3. From the date of entry of this Circular,
the following regulations shall be annulled:
a) Decision No. 20/2007/QD-NHNN
dated May 15, 2007 on issuance, use and payment of bank cards and provision of
bank card support services;
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c) Article 3 of Circular No.
23/2011/TT-NHNN dated August 31, 2011 of the Governor of the State Bank on
implementation of plans for simplifying administrative procedures in the fields
of payment and other fields as prescribed in Resolution of the Government
simplifying administrative procedures within the competence of the State Bank
of Vietnam.
Article 33.
Implementation
The Chief officers, Directors of Payment
Department, Heads of affiliates of the State Bank of Vietnam, Director of
branches of the State Bank of provinces and central-affiliated cities,
Presidents of the Board of Directors, Presidents of the Member assembly,
General Directors (Directors) of credit institutions, branches of foreign
banks, switching companies and clearing houses, and relevant organizations and
individuals shall implement this Circular./.
PP.
GOVERNOR
DEPUTY GOVERNOR
Nguyen Kim Anh