|
STATE BANK OF
VIETNAM
-------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No: 23/2014/TT-NHNN
|
Hanoi,
19 August 2014
|
CIRCULAR
GUIDING THE OPENING AND USE OF PAYMENT ACCOUNTS AT PAYMENT
SERVICE SUPPLIERS
- Pursuant to the Law on the
State Bank of Vietnam No. 46/2010/QH12 dated 16 June 2010;
- Pursuant to the Law on
Credit Institutions No. 47/2010/QH12 dated 16 June 2010;
- Pursuant to the Civil Code
No. 33/2005/QH11 dated 14 June 2005;
- Pursuant to the Decree No.
101/2012/ND-CP dated 22 November 2012 of the Government on non-cash payment;
- Pursuant to the Decree No.
156/2013/ND-CP dated 11 November 2013 of the Government providing for the
functions, duties, authorities and organizational structure of the State Bank
of Vietnam;
- Upon proposal given by the
Director of Payment Department, Governor of the State Bank of Vietnam hereby
issues the Circular guiding the opening and use of payment accounts at payment
services suppliers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
GENERAL REGULATIONS
Article 1.
Governing scope
1. This Circular provides
guidance on the opening and use of payment accounts by entities, individuals at
payment service suppliers.
2. The opening and use of
payment accounts by State Treasuries shall be subject to provisions of this
Circular and guidance of the State Bank of Vietnam (hereinafter shortly
referred to as the State Bank).
3. The opening and use of
payment account in foreign currency by residents and non- residents, payment
accounts in VND by non-residents and residents who are foreign individuals
shall be conformable to laws and regulations on foreign exchange control and
provisions of this Circular.
Article 2.
Subjects of application
1. Payment service suppliers
shall include:
a) The State Bank;
b) Commercial banks, banks for
social policies, cooperative banks (hereinafter collectively referred to as
banks);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Entities, individuals who
open payment accounts at payment service suppliers (hereinafter called
customers).
3. Other entities, individuals
relating to the opening and use of payment accounts at payment service
suppliers.
Article 3.
Forms of opening payment accounts and interest payment for the balance on the
payment account
1. Forms of opening payment
accounts shall include personal payment account, corporate payment account and
shared payment accounts.
2. Personal payment account
shall mean an account that is opened by an individual at a payment service
supplier.
3. Corporate payment account
shall mean an account that is opened by an entity at a payment service
supplier. Holder of corporate payment account shall be the legal representative
or authorized representative of the entity that opens the account, who shall
perform transactions relating to the payment account on behalf of the entity.
4. Shared payment account shall
mean the account as prescribed in Clause 3 Article 10 of Decree 101/2012/ND-CP
dated 22 November 2012 on non-cash payment.
5. Balance on the payment
account shall be entitled to interest rate that is applicable to demand
deposits. Interest rate shall be fixed by the payment service supplier and
posted in public in accordance with applicable laws and regulations.
Article 4.
Authorization in use of payment account
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Such authorization in the
use of payment account shall be made in writing in accordance with laws and
regulations on authorization. The authorization in use of a corporate payment
account shall be subject to a written consent of the entity that opens the
account.
3. For the purpose of
authorization in using payment account, the account holder shall submit the
letter of authorization together with the registration of signature specimen
and a copy of the ID card or valid passport of the attorney (if the copy is not
certified, the original thereof shall be presented for comparison) to the
payment service supplier where the account is opened.
Article 5.
Rights and obligations of payment account holder
1. The payment account holder
shall have following rights:
a) To use the amount of money
on his account for performance of legal and valid payment orders. The payment
service supplier (where the account is opened) shall facilitate the account
holder to use his payment account conveniently and safely;
b) To select the means of
payment, services and utilities of payment offered by the payment service
supplier;
c) To authorize another person
to use his payment account in accordance with provisions in Article 4 of this
Circular;
d) To request the payment
service supplier who his account is opened to perform legal and valid payment
orders and to be supplied with information on payment transactions, account
balance as per the agreement with the payment service supplier;
dd) To request the payment
service supplier where his account is opened to temporarily lock, close the
payment account upon necessity; to send a notice to the payment service
supplier of any dispute in regard of the shared account among the shared
account holders;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Payment account holder shall
have following obligations:
a) To maintain available
balance on the payment account to service the set up payment orders. In case
where there exists an overdraft agreement with the payment service supplier
where the payment account is opened, related obligations must be fulfilled upon
paying in excess of the Credit balance on the account;
b) To implement regulations on
opening and use of payment accounts as provided for in this Circular;
c) To timely notify the payment
service supplier, where his payment account is opened, upon finding out any
errors, mistakes on his account or having a doubt that his account is misused;
d) To refund or coordinate with
the payment service supplier in refunding the amounts which were credited to
his account by virtue of errors, mistakes;
dd) To supply full, clear and
accurate information relating to the opening and use of payment account. To
timely notify and send related documents to the payment service supplier, where
his account is opened, upon arising any change in the information of the
payment account opening documents;
e) To maintain a minimum
balance on the payment account as stipulated by the payment service supplier;
g) To take responsibility for
any damage caused by the mistakes or being misused, defrauded upon using
payment service via account at his fault;
h) Not to lease, lend his
payment account;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 6.
Rights and obligations of payment service suppliers
1. Payment service suppliers
which open payment accounts for customers shall have following rights:
a) Payment service suppliers
shall be entitled, at the own discretion, to deduct from (Debit to) the payment
account of customer in following cases:
- For collecting due, overdue
debts, interest and other charges arising during the account management and
supply of payment services as per the written agreement signed with the
customers in conformity with applicable laws and regulations;
- Upon request by competent
state regulator in judicial execution of decision on administrative sanction,
judgment enforcement decision, tax collection decision or other payment
obligations in accordance with laws and regulations;
- For adjusting items that are
wrongly accounted, or that are not accounted to the right nature or not
conformable to the details of the payment account in accordance with applicable
laws and regulations and notify the account holder for information;
- Upon finding out the
customer’s account is Credited wrongly or upon request for cancel of Credit
order from the remitting payment service supplier because such remitting payment
service supplier finds out some mistakes against the payment order of the
remitter;
- For regular payments as per
the agreement between the account holder and the payment service supplier.
b) To refuse the payment order
of account holder in following cases:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Balance on the payment
account is insufficient or in excess of the overdraft limit for performing the
payment order;
- Upon receiving a written
request from a competent state regulator or having appropriate evidence showing
that the payment order is for the purpose of money laundering, terrorism
financing as stipulated by laws and regulations on anti-money laundering;
- The payment account is
temporarily locked, totally blockaded or the payment account is being closed,
the payment account is temporarily locked or blockaded partially whereas the
remaining balance that is not locked, blockaded, is not sufficient (for the
case of overdraft) or is in excess of the overdraft limit for performing
payment orders.
c) To refuse request for
temporary lock, close of payment account by the holder or otherwise the shared
payment account is not blockaded yet in accordance with provisions in Item d
Clause 1 Article 17 of this Circular when the account holder has not fulfilled
yet his payment obligations under an enforcement decision of the competent
state regulator or has not fully paid the payables to the payment service
supplier where his account is opened;
d) To stipulate on the minimum
balance on the payment account, which shall be announced publicly and guided in
details to the customer;
dd) To stipulate and apply
measures of safety, security in the opening and use of payment accounts in
accordance with applicable laws and regulations;
e) Other rights in accordance
with laws and regulations or as per the written agreement between the account
holder and the payment service supplier, which are not contrary to prevailing
laws and regulations.
2. Payment service suppliers
shall have following obligations:
a) To execute the payment order
of the account holder after having verified, checked the legality, validity of
the payment order;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) To timely Debit to the
customer’s payment account for inward remittance orders, deposits to account;
to timely refund the amounts that were wrongly Debited to the customer’s
payment account;
d) To timely and fully inform
of the balance and executed transactions on the payment account as per the
agreement with the account holder (as defined in the contract on opening and
use of payment account) and take responsibility for the correctness of the
supplied information;
dd) To timely update
information upon having any change in the opening file customer’s payment
account. To maintain the opening file of account and documents of account
transactions in compliance with applicable laws and regulations;
e) To keep the secret of
information relating to the payment account and transactions on the payment
account of the holder in accordance with applicable laws and regulations;
g) To be liable for any damage
that is caused by virtue of mistakes or act of misuse, fraudulence on the
customer’s payment account at the payment service supplier’s fault;
h) To comply with laws and
regulations on anti-money laundering and counter-terrorism financing;
i) To set up internal
procedures on the opening and use of payment accounts and maintain the minimum
balance on the payment account. To instruct and inform the customer publicly
and answer, promptly handle queries, complaints facing during the opening and use
of payment accounts.
Chapter
II
OPENING AND USE OF
PAYMENT ACCOUNTS AT THE STATE BANK
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. State Bank’s Central Banking
Department shall open payment accounts for following entities:
a) Credit institutions (Head
offices);
b) Foreign bank branches in
Vietnam;
c) Central State Treasury.
2. State Bank branches in
provinces, cities under the central Government’s management (hereinafter
shortly referred to as State Bank branches in provinces, cities) shall open
payment accounts for credit institutions, foreign bank branches, State
Treasuries in their local areas.
Article 8.
Application file for opening a payment account
1. Application file for opening
a payment account at the State Bank shall include:
a) An application for opening
payment account, which is enclosed with a registration of stamp specimen,
signature specimen (as per the Appendix 01 and Appendix 02 attached herewith),
which is signed and sealed by the legal representative of the entity;
b) Documents proving that the
applicant is established and operates legally, including its charter,
establishment decision, operation license, business registration certificate or
corporate registration certificate or investment certificate;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A document or decision on
appointment and ID card or valid passport of the chief accountant or person in
charge of accounting, person who controls the documents of transactions with
the State Bank.
2. Documents of the application
file for opening payment account as stipulated in Items b, c, d Clause 1 of
this Article may be either originals or copies. If documents of the application
file are made in foreign language, they must be translated into Vietnamese and
notarized in accordance with applicable laws and regulations.
Article 9.
Sequence, procedures for opening a payment account
1. Upon having a demand for
opening a payment account at the State Bank, the applicant shall prepare 01
(one) set of application file as stipulated in Article 8 of this Circular and
submit to the State Bank (Central Banking Department or State Bank branch in
province, city) where the proposed payment account is opened.
2. Upon receiving the
application file for opening a payment account, the Central Banking Department,
State Bank branch in province, city shall check the documents of the file and
collate with details that are declared at the application for opening payment
account to ensure the consistence and accuracy.
In the event where documents of
the file are copies which are not certified or which are reproduced from the
originals, the applicant shall be required to submit the original one for
collation. The collator shall sign to confirm the copies and take
responsibility for the accuracy of the copies against the original ones.
3. Within 01 working day from
the receipt of the application file for opening payment account submitted by
the entity applying for opening of payment account, the State Bank shall handle
the opening of payment account as follows:
a) If the application file for
opening payment account is sufficient and eligible, details that are declared
at the Application for opening payment account are consistent with relevant
documents of the file, the State Bank shall open the payment account and notify
its customer of the figures and starting date of the account;
b) If the application file for
opening payment account is insufficient, ineligible or contains some mismatches
between the declared details in the application for opening payment account and
relevant documents of the file, the State Bank shall notify its customer so
that the file can be completed and submitted to the State Bank for
consideration and settlement in accordance with provisions in Item a Clause 3
of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
10. Use of payment account
1. The payment account opened
at the State Bank may be used for deposit, withdrawal of cash, issue of cheque,
accounting, monitoring and execution of payment orders via the payment systems
which are organized and operated by the State Bank, ad hoc payment via account
and other payment services supplied by the State Bank.
2. Payment accounts of credit
institutions, foreign bank branches opened at the Central Banking Department of
the State Bank may be used for executing payment transactions upon engaging in
open market operations, sale and purchase of negotiable instruments,
Government’s bonds, State Treasury’s bills, State Bank’s bills and other
activities in the currency market in accordance with regulations of the State
Bank.
Chapter
III
OPENING AND USE OF
PAYMENT ACCOUNTS AT BANKS AND FOREIGN BANK BRANCHES
Article
11. Subjects to open payment accounts
1. Individuals who may open
payment accounts at banks, foreign bank branches shall include:
a) Persons from the age of 18
or older, who have appropriate civil act capacity in accordance with Vietnam
laws and regulations;
b) Persons from the age of 15
to less than 18, not losing or being restricted in civil act capacity, who have
own assets to secure the obligation in opening payment account;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Entities that are legally
established, operate in accordance with Vietnam laws and regulations,
including: entities who are legal entities, private companies, household
business and other entities shall be permitted to open payment accounts at
banks, foreign bank branches in accordance with applicable laws and
regulations.
Article
12. Application file for opening a payment account
1. For a personal payment account:
a) An application for opening a
payment account, which is drawn up as per the provided form of the foreign bank
branch where the account is opened and in conformity with provisions in Clause
1 Article 13 of this Circular;
b) ID card or valid passport, birth
certificate (for individual who is a Vietnamese citizen under the age of 14),
entry visa (for individual who is a foreigner) of the account holder;
c) For the case where the
individual opens a payment account through his guardian or legal representative,
in addition to documents stated in Items a and b Clause 1 of this Article, the
application file for opening account must contain the ID card or valid passport
of the guardian, legal representative and documentations of the legal
representative capacity of such person to the account holder.
2. For a corporate payment
account:
a) An application for opening a
payment account, which is drawn up as per the provided form of the foreign bank
branch where the account is opened and in conformity with provisions in Clause
2 Article 13 of this Circular;
b) Documents proving that the
applicant is legally established and operate: Establishment Decision, Operation
License, Corporate Registration Certificate or other documents as stipulated by
laws;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) For the case where the
applicant is a subject who is required by laws to have signature of chief
accountant or the person in charge of accounting on the documents of
transactions with the banks, in addition to the documents stated in Items a, b
and c Clause 2 of this Article, the application file for opening payment
account must contain an appointment decision, enclosing with ID card or valid
passport of the chief accountant (or person in charge of accounting) of the
entity applying for the opening of payment account.
3. For a shared payment
account:
a) An application for opening a
payment account, which is drawn up as per the provided form of the foreign bank
branch where the account is opened and in conformity with provisions in Clause
3 Article 13 of this Circular;
b) Documents of subjects
undersigning in the opening of shared payment account:
- If the subjects undersigning
the application for opening the shared payment account are individuals, the
application file for opening account shall include the documents as prescribed
in Clause 1 of this Article;
- If the subjects undersigning
the application for opening the shared payment account are entities, the
application file for opening account shall include the documents as prescribed
in Clause 2 of this Article.
c) A written agreement (or
contract) on the management and use of the shared payment account of the
holders.
4. Documents of the application
file for opening payment account as stipulated in Items b, c Clause 1 of this
Article and Items b, c, d Clause 2 of this Article may be either originals or
copies. If documents of the application file are made in foreign language, they
must be translated into Vietnamese and notarized in accordance with applicable
laws and regulations.
Article
13. Application for opening a payment account
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Information of the account
holder, including:
- For an individual who is a
Vietnamese: full name, date of birth, nationality; occupation, position; phone
number; number of ID card or valid passport, date of issue, place of issue;
permanent residence address and current address; being a resident or
non-resident;
- For an individual who is a
foreigner: full name, date of birth, nationality; occupation, position; phone
number; number of ID card or valid passport, date of issue, place of issue,
entry visa; registered residence address in the foreign country and registered
residence address in Vietnam; being a resident or non-resident.
b) Information of the guardian
or legal representative of the account holder (for the case where a person
opens account through the guardian, legal representative), including:
- If the guardian, legal
representative of the account holder is a person, information of the guardian,
legal representative shall be as prescribed in Item a Clause 1 of this Article;
- If the guardian, legal
representative of the account holder is an entity, the information shall
consist of: full and abbreviated trading name; address of head office, trading
address, phone number, fax number; business areas; legal representative of such
entity.
c) Signature specimen of the
account holder or guardian, legal representative of the account holder and
other related persons (if any) on the documents of transactions with the bank,
foreign bank branch.
2. The application for opening a
corporate payment account shall contain main details as follows:
a) Full and abbreviated trading
name; address of head office, trading address, phone number, fax number;
business areas; legal representative of such entity;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Information of the chief
accountant or person in charge of accounting (if the applying entity is
required by laws to arrange a chief accountant) in accordance with provisions
in Item a Clause 1 of this Article;
d) Signature specimen of
account holder, chief accountant or person in charge of accounting (if the
applying entity is required by laws to arrange a chief accountant) and seal
specimen (if any) on the documents of transactions with the bank, foreign bank
branch;
dd) Signature, full name of the
legal representative and seal (if any) of the entity opening the account.
3. The application for opening
a shared payment account shall contain main details about the subjects
undersigning in the application for opening the shared payment account, namely:
a) If the undersign of the
application for opening the shared payment account is a person, information
shall be as prescribed in Clause 1 of this Article;
b) If the undersign of the
application for opening the shared payment account is an entity, information
shall be as prescribed in Clause 2 of this Article.
4. Beside main details as
stipulated in Clauses 1, 2, 3 of this Article, banks, foreign bank branches may
add other details on the form of application for opening payment account at
their units for the purpose of management and specific type of customer,
providing that the customers must be clearly advised and instructed.
Article
14. Sequence, procedures for opening a payment account
1. Upon having a demand for
opening a payment account, the applicant shall prepare 01 (one) set of
application file as stipulated in Article 12 of this Circular and submit,
directly or via post service or via electronic means, to the bank, foreign bank
branch where the proposed payment account is opened.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) If the application file is
submitted directly or via post service:
- If the documents of
application file for opening payment account are insufficient, or the declared
details in the application for opening payment account mismatch the relevant
documents of the application file, the bank, foreign bank branch shall notify
its customer so that the file can be completed and re-submitted;
- If the documents of the
application file for opening payment account are sufficient, declared details
in the application for opening payment account match the relevant documents of
the file, but the documents of the application file are copies which are not certified,
or reproduced from the originals, then the bank, foreign bank branch shall
advise the customer to submit the certified copies, the copies that are
reproduced from the originals or present the originals for collation. If the
originals are presented for collation, the bank, foreign bank branch shall give
a confirmation on the copies and take responsibility for the accuracy of the
copies against the originals;
- If documents of the
application file for opening payment account are sufficient, legal and valid,
declared details in the application for opening payment account totally match
the relevant documents of the application file, the bank, foreign bank branch
shall proceed with entering into a contract of opening and use of payment
account with the customer in accordance with provisions in Clause 3 of this
Article.
b) If the application file is
submitted in the electronic form:
- If the documents of
application file for opening payment account are insufficient, or the declared
details in the application for opening payment account mismatch the relevant
documents of the application file, the bank, foreign bank branch shall notify
its customer so that the file can be completed;
- If the documents of the
application file for opening payment account are sufficient, declared details
in the application for opening payment account match the relevant documents of
the file, the bank, foreign bank branch shall advise the customer to submit the
certified copies, the copies that are reproduced from the originals or present
the originals for collation. If the originals are presented for collation, the
bank, foreign bank branch shall give a confirmation on the copies and take
responsibility for the accuracy of the copies against the originals.
c) If the bank, foreign bank
branch refuses to open the payment account, a notice of the reason must be sent
to the customer for information.
3. After finishing the
checking, collation, making sure that documents of the application file are
sufficient, legal and valid, the bank, foreign bank branch shall proceed with
entering into a contract of opening and use of payment account with the
customer as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) For a corporate payment
account: the bank, foreign bank branch shall not be required to meet personally
the account holder upon entering into the contract of opening and use of
payment account, but a collation is required to make sure the matching between
the seal (if any), signature of the account holder on the contract against the
seal specimen, signature specimen of the account holder in the application file
for opening payment account;
c) For a shared payment
account:
- In the event where the
subjects or one of the subjects undersigning in the application file for
opening the shared payment account are individuals, the bank, foreign bank
branch shall meet personally the account holder (or the guardian, legal
representative of the account holder) upon entering into the contract of
opening and use of payment account;
- In the event where the
subjects undersigning in the application file for opening the shared payment
account are entities, the bank, foreign bank branch shall not be required to
meet personally the account holder upon entering into the contract of opening
and use of payment account, but a collation is required to make sure the
matching between the seal (if any), signature of the account holder on the
contract against the seal specimen, signature specimen of the account holder in
the application file for opening payment account.
4. The contract of opening and
use of payment account signed with the customer shall clearly state the number,
starting date of operation of the payment account, one (01) copy of which shall
be sent to the customer.
5. The bank, foreign bank
branch shall instruct its customers on the sequence, procedures for receiving,
handling application files for opening payment accounts and place of signing
the contract of opening and use of payment account in correspondence with their
specific conditions and supply capacity.
Article
15. Use of payment account
1. The holder may use his
payment account for deposit, withdrawal of cash and request the payment service
supplier to supply payment services via account, such as supply of means of
payment, rendering of cheque payment service, payment order, authorized payment
order, collection, authorized collection, bank card, letter of credit,
remittance, and other value added services in conformity with applicable laws
and regulations.
The banks, foreign bank
branches shall instruct their customers on the principles and conditions for
using payment account for the case of transaction under the traditional mode or
electronic mode in accordance with applicable laws and regulations, making sure
that necessary information is fully obtained for the purpose of checking,
collating and identifying customers during the use of payment accounts.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The holder of a personal
payment account, who is from the age of 15 to less than 18, in using the
payment account, shall be required to have own assets to secure the obligation
in accordance with civil laws.
4. The use of a shared payment
account shall be in compliance with details of the written agreement (or
contract) on the management and use of shared payment account by account
holders and be subject to following principles:
a) Holders of the shared
payment account shall have equal rights and obligations to the shared payment
account and the use of shared payment account must be supported by the approval
of all account holders. Every account holder shall be responsible to make payment
for any debt obligation arising from the use of the shared payment account;
b) A notice on the use of
shared payment account shall be sent to all account holders, except otherwise
as agreed by and between the payment service supplier and the holders of the
shared payment account;
c) Every holder of the shared
payment account may authorize another person to use the shared payment account
on his behalf, providing that a written consent must be obtained from all other
holders;
d) In the event where one of
subjects undersigning in the application for opening of shared payment account
deceases, declared to be missing, losing civil act capacity; the subject
undersigning in the application for shared payment account, who is an entity,
goes dissolved, bankrupt or terminates operation in accordance with applicable
laws and regulations, then the use right to the account and obligations
deriving from the use of the shared payment account shall be solved in
accordance with applicable laws and regulations.
Chapter
IV
TEMPORARY LOCK, BLOCKAGE
AND CLOSE OF PAYMENT ACCOUNT
Article
16. Temporarily locking a payment account
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The ending of temporary lock
of a payment account and handling of outward, inward payment orders during the
period of temporary lock as requested by the account holder (or his guardian,
legal representative) or as per the written agreement between the account
holder and the payment service supplier.
Article
17. Blockading a payment account
1. The payment service supplier
shall blockade a part or entire of the amount on the customer’s payment account
in following cases:
a) A written request issued by
a competent regulator is available in accordance with applicable laws and
regulations;
b) The payment service supplier
finds out that there is some mistake, error in Crediting to the customer’s
payment account or a request for refund of money is sent from the remitting
payment service supplier;
c) The payment service supplier
finds out that there is a sign of fraudulence, breach of laws and regulations
concerning the payment account;
d) A written notice is serviced
by one of the account holders informing that there arises dispute among the
holders of the shared payment account.
2. Immediately after blockading
the payment account, the payment service supplier shall send a written notice
to the account holder (or his guardian, legal representative) of the reason and
scope of blockading the payment account, blockaded amount on the payment
account must be kept intact and closely monitored as per the details of
blockage. In case where the account is partially blockaded, the other part of
the account may still be used as usual.
3. In case where the payment
account is blockaded under the provisions in Item b Clause 1 of this Article,
the blockaded amount of the payment account shall not exceed the amount on the
error remittance order.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The term of blockage
expires;
b) A written request for ending
the blockage of payment account is issued by the competent regulator;
c) The payment service supplier
has finished handling the mistake, error in remittance;
d) After verification, there is
no act of fraudulence or breach of laws in regard of the payment account;
dd) A written notice made by
all the holders of the shared payment account informing that the dispute of the
shared payment account among the holders has been solved.
Article
18. Closing a payment account
1. The payment service supplier
shall close the customer’s payment account in following cases:
a) A written request for close
of the payment account is submitted by the account holder, who has fulfilled
obligations relating to the payment account. In case where the account holder
is under 15 years old, or at the age of 15 to less than 18, does not have own
assets, or is restricted in civil act capacity, or loses civil act capacity,
the close of account shall be handled upon the request of the guardian, legal
representative of the account holder;
b) Holder of a personal payment
account is deceased, declared as dead, missing or loses civil act capacity;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The account holder breaks
the commitment or agreements at the contract of opening and use of payment
account signed with the payment service supplier;
dd) Other cases as provided for
by the laws.
2. The closing period of a
payment account due to failure in maintaining the minimum balance and no
transaction arising in a long time period; term for notice to the account
holder before closing the payment account and other specific issues relating to
the close of payment account in this case shall be determined and advised by
the payment service supplier to the customer.
3. After closing the payment
account, the payment service supplier shall be required to notify the account
holder, the guardian or legal inheritor for information in case that the holder
of payment account is deceased, declared as dead or missing.
4. The remaining balance after
the payment account is closed shall be treated as follows:
a) Making payment as requested
by the account holder, guardian, legal representative of the account holder (if
the account holder is under 15 years old, or at the age of 15 to less than 18,
does not have own assets, or is restricted in civil act capacity, or loses
civil act capacity) or the inheritor, inheritor’s representative in case that
the holder of the personal payment account is deceased, declared as dead, missing;
b) Making payment under the
decision of the court;
c) The payment service supplier
shall handle in accordance with applicable laws and regulations in the event
where the legal beneficiary to the balance on the account has already been
notified but failed to come up to receive or as per a prior written agreement
with the account holder in conformity with applicable laws and regulations.
5. After closing the payment
account, if the customer has a demand for using the payment account, he shall
be required to observe the procedures for opening a payment account as
stipulated in this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
IMPLEMENTATION
ORGANIZATION
Article
19. Effectiveness
1. This Circular shall come
into effect from 15 October 2014.
2. From the effective date of
this Circular, the Decision No. 1284/2002/QD-NHNN dated 21 November 2002 of the
Governor of the State Bank on issuing the Regulation on opening and use of
deposit accounts at the State Bank and credit institutions and Article 4 of
Circular No. 23/2011/TT-NHNN dated 31 August 2011 of the Governor of the State
Bank on implementing the scheme of administrative procedure simplification in
payment activity and other areas under the Resolution of the Government on the
simplification of administrative procedures within the jurisdiction of the
State Bank of Vietnam shall expire.
Article
20. Implementation organization
1. The Banking Supervisory
Agency shall take responsibility for checking, inspecting and supervising the
implementation of this Circular and deal with acts of violation within the
scope of their authority.
2. Head of units of the State
Bank; Director of the Central Banking Department; General Manager of State Bank
branches in provinces, cities under the central Government’s management;
Chairman of Board of Directors, Chairman of Board of Members, General Director
(Director) of banks, foreign bank branches shall be responsible for the
implementation of this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Appendix No. 01
Unit:
……………….
(Name of the applicant)
-------
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
…………., date …..….
APPLICATION FOR OPENING A PAYMENT ACCOUNT AT THE
STATE BANK
Respectfully addressed
to:……………………………………………………
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
+ Full name in Vietnamese:
.......................................................................................
+ Full name in English:
………………........................................................................
+ Trading name:
........................................................................................................
Establishment Decision: …………………….…….
Date of issue… ........................
Place of issue:
….......................................................................................................
Business Registration
Certificate No: …………………………..............................
Date of issue: ……………………………
Place of issue: ..........................................
Tax code: ……………..............................................................................................
Address: ………………………………………………………….
Telephone: ..............
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Full name of the legal
representative (account holder): ………...........................
Date of birth: …………………………..
Gender (Male/Female): ……………............
Nationality: …………………………………
resident/non-resident: ...........................
Permanent residence
address:................................................................................
Current address:
………………………………………. Telephone: ...........................
Appointment Decision No:
………………… date ………. ……………......................
Number of ID card (or valid
passport): ……………..................................................
Date of issue: ……………………….. Place
of issue: ..............................................
Full name of chief
accountant (or the person in charge of accounting or controller of
documents of transactions with the State Bank):
..............................................................…
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Number of ID card (or valid
passport): ……………....................................................
Date of issue: ………………………..
Place of issue: ................................................
Appointment Decision No:
………………… date ………. …………….......................
Would like to open a payment
account at: ...........................................................
Currency: □ VND
□ USD
□
Other .....................................
We undertake:
- That the above information is
truthful and to take full responsibility for the accuracy, truthfulness of the
documents in the application file for opening payment account enclosed
herewith.
- To strictly implement applicable
laws and regulations on the opening and use of payment account at the State
Bank and take responsibility for any problem that potentially arises in case
where we fail to strictly observe regulations on the opening and use of account
as provided for by the State Bank.
- To send a written notice
(enclosing with related documents) to the State Bank for information if there
is any change in the details of the payment account or in the seal specimen,
signature specimen that were registered with the State Bank.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Enclosed:
1) A registration of seal specimen and signature specimen together with the
Letter of Authorization of the Account holder; Chief Accountant;
2) Decision No: ………………………..
3) ………………………………………….
LEGAL REPRESENTATIVE
(Signature, full name, seal)
FOR THE STATE BANK ONLY:
After the application file of
………….. is verified and determined as sufficient and eligible, the State Bank
………………………… agrees to open the payment account number: ………………………….. to
………………………………………
Date of commencement:
…………………………………………………………………
HEAD OF
ACCOUNTING DEPARTMENT
(Signature, full name)
DIRECTOR OF CENTRAL BANKING
DEPARTMENT/GENERAL MANAGER OF STATE BANK BRANCH IN
…………..
(Signature, full name, seal)
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
REGISTRATION OF SEAL SPECIMEN, SIGNATURE SPECIMEN
FOR USING PAYMENT ACCOUNT AT THE STATE BANK
(Attached to the Application for opening account No. ……. dated …….. by
…………..)
Name of Unit:
............................................................................................................
Trading address: …………………………………
Telephone: ....................
Name of payment account:
.......................................................................................
Number of payment account:
....................................................................................
Opened at:
..................................................................................
Would like to register
signature specimen and seal specimen for using on the documents of transactions
with the State Bank ……………………………………………………………… as follows:
1. Signature specimen
Owner of signature
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Second specimen
Account holder and
authorized person
Full name of Account holder:
…………………………………………………
ID card No: ……………………………………
Date of issue:
…………………………………….
Place of issue:
……………………………………
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ID card No: ……………………………………
Date of issue:
…………………………………….
Place of issue:
……………………………………
Letter of Authorization No:
…………… dated……….
Term of authorization
…………………………
Scope of authorization:
…………………………..
Full name of person
authorized by the Account holder (second attorney)
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Date of issue:
…………………………………….
Place of issue:
……………………………………
Letter of Authorization No:
………… dated……….
Term of authorization
…………………………
Scope of authorization:
…………………………..
Chief Accountant (or
person in charge of accounting, controller of documents of transactions with
the SBV) and authorized person
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Full name of Chief Accountant
(or person in charge of accounting, controller of documents of transactions
with SBV):
ID card No: ……………………………………
Date of issue:
…………………………………….
Place of issue: ……………………………………
Full name of person
authorized by the Chief
Accountant (first
attorney):
ID card No: ……………………………………
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Place of issue:
……………………………………
Letter of Authorization No:
………… dated……….
Term of authorization
…………………………
Scope of authorization:
…………………………..
Full name of person
authorized by the Chief
Accountant (second
attorney):
ID card No: ……………………………………
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Place of issue:
……………………………………
Letter of Authorization No:
………… dated……….
Term of authorization
…………………………
Scope of authorization:
…………………………..
2. Seal specimen
First specimen
Second specimen
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
………. Date. …..
LEGAL REPRESENTATIVE
(Signature, full name and seal)