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THE STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
28/2019/TT-NHNN
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Hanoi, December
25, 2019
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CIRCULAR
AMENDING
A NUMBER OF ARTICLES OF CIRCULAR NO. 19/2016/TT-NHNN DATED JUNE 30, 2016 BY
GOVERNOR OF THE STATE BANK OF VIETNAM ON BANK CARDS
Pursuant to the Law on the State Bank of Vietnam
dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated
June 16, 2010 and Law on amendments to the Law on Credit Institutions dated
November 20, 2017;
Pursuant to the Government’s Decree No.
101/2012/ND-CP dated December 22, 2012 on non-cash payment; Government’s Decree
No. 80/2016/ND-CP dated July 01, 2016 amending a number of Articles of the
Decree No. 101/2012/ND-CP ; Government’s Decree No. 16/2019/ND-CP dated February
01, 2019 amending a number of Articles of Decrees on business conditions under
state management of the State Bank of Vietnam;
Pursuant to the Government’s Decree No.
16/2017/ND-CP dated February 17, 2017 on functions, duties, powers and
organizational structure of the State Bank of Vietnam;
At the request of the Director General of the
Payment Department;
The Governor of the State Bank of Vietnam hereby
promulgates a Circular amending a number of Articles of the Circular No.
19/2016/TT-NHNN dated June 30, 2016 by the Governor of the State Bank of
Vietnam on bank cards.
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1. Clause 7, Clause 19, Clause
23 and Clause 25 of Article 3 are amended and Clause 8a and Clause 8b are added
to Article 3 as follows:
“7. “non-physical card” means an immaterial
card existing in electronic form, containing the information prescribed in
Article 12 of this Circular and provided by a card issuer for the cardholder to
conduct transactions on the Internet and via mobile applications. Non-physical
cards are not physical cards with online or mobile payment option and may be
converted into physical cards per cardholder’s request.”.
“8a. “domestic card present transaction”
means a type of card transaction where a card issued in Vietnam is used to make
a transaction at an automated teller machine (“ATM”) or via a point-of-sale
terminal (“POS terminal”) in Vietnam.
8b. “fictitious transaction at a merchant” refers
to the use of a card or card information to pay for goods or services without
actual occurrence of any sale of goods or provision of services.”.
“19. “international card association” means an
organization which is established and operated in a foreign country under such
country's law, and has entered into agreements with card issuers, acquirers,
switching organizations and/or other relevant parties concerning cards assigned
bank identification numbers by international card associations (“cards with
international BINs”) or cards containing bank identification numbers of other
countries (“cards with foreign BINs”) in accordance with Vietnamese law and
international commitments.”.
“23. “bank identification number"
(“BIN”) refers to a set of numbers used to identify card issuers. It may be
assigned by the State Bank according to regulations on BIN assignment, use and
management, by an international card association or by another country. For
cards with international BINs and cards with foreign BINs, these BINs shall be
assigned, used and managed in compliance with regulations of the international
card associations and foreign countries assigning them.”.
“25. “card payment agreement” means an agreement on
card payment concluded between an acquirer and a merchant or an international
card association or a switching organization (if any).”.
2. Clause 2 Article 8 (amended
by Clause 2 Article 1 of the Circular No.26/2017/TT-NHNN) is amended as
follows:
“2. Directly conduct or enable another person to
conduct a fraudulent card transaction or fictitious transaction at a
merchant.”.
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“a) Name of the card issuer (abbreviated name
or trade logo). In case abbreviated names or trade logos of multiple
organizations (such as the card issuer, a card issuance partner of the issuer,
a switching organization, an international card association and relevant parties)
appear on the card, it shall be made clear that the card is issued by the card
issuer (or is property of the card issuer) to avoid confusion;”.
4. Clause 2 Article 16
(amended by Clause 7 Article 1 of the Circular No.26/2017/TT-NHNN) is amended
as follows:
“2. For principal cardholders being
organizations: Organizations eligible to open checking accounts may use debit
cards. Organizations being juridical persons duly established and existing
under Vietnamese law may use credit cards, debit cards and prepaid cards. A
cardholder being an organization may authorize an individual to use its card in
writing or permit an individual to use its supplementary card as prescribed in
this Circular.”.
5. Point b Clause 3 Article 16
is amended as follows:
“b) A person from 15 to under 18 years old whose
legal capacity is not completely or partially limited may use debit cards,
credit cards and prepaid cards;”.
6. Points b and c Clause 3
Article 17 are amended as follows:
“b) Credit cards shall be used to pay for goods and
services; and to deposit and withdraw cash as agreed upon between the
cardholder and the card issuer. Credit cards shall neither be used to transfer
money to checking accounts, debit cards and prepaid cards nor credit such
accounts and cards;
c) Anonymous prepaid cards shall be used to pay for
permitted goods and services via all POS terminals in Vietnam’s territory; and
shall not be used to conduct card transactions on the Internet or via mobile
applications or to withdraw cash. Deposit into anonymous prepaid cards is
regulated by Clause 2 Article 14 of this Circular;”.
7. Point dd Clause 3 Article
17 (amended by Clause 8 Article 1 of the Circular No.26/2017/TT-NHNN) is
amended as follows:
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8. Point b Clause 3 Article 18
(amended by Clause 9 Article 1 of the Circular No.26/2017/TT-NHNN) is amended
as follows:
“b) Request merchants to provide documents
proving the lawfulness of their business when concluding agreements with them.
Acquirers shall formulate criteria for selection of qualified merchants and
conduct first-time and periodical (quarterly or annually) evaluation and
classification of merchants that wish to accept card payment as suitable to
their characteristics and scope of business;”
9. Clause 5 Article 18 is
amended as follows:
“5. When a card issuer, acquirer, switching
organization or clearing organization enters into an agreement on bank cards,
such agreement must include responsibilities of relevant parties for compliance
with regulations of laws on foreign exchange management, personal data
protection, privacy, security of documents, card information, card transactions
and accounts of cardholders.”.
10. Clause 3 Article 21 is
amended as follows:
“3. Acquirers licensed to conduct foreign exchange
transactions are permitted to process payments of cards with international BINs
and cards with foreign BINs.”.
11. Clause 5 Article 22 is
amended as follows:
“5. Acquirers must not discriminate between cards
whose BINs are assigned by the State Bank and cards with international BINs or
cards with foreign BINs; or enter into any agreement on restriction or prevention
of acceptance of transactions conducted through co-branded cards with other
entities.”.
12. Clauses 2, 3 and 5 Article
24 are amended as follows:
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3. Clearing of transactions
using cards with international BINs and cards with foreign BINs shall be
conducted as agreed upon between the card issuer, the acquirer and relevant
parties.”.
“5. Switching organizations and clearing
organizations shall connect their systems with card issuers, acquirers and
international card associations directly as agreed upon by all parties,
ensuring safe and continuous switching services and other services
provided for connected member entities and international card associations, and
compliance with regulations of relevant laws”.
13. Point c is added to Clause
1 Article 31 and Clause 2 Article 31 is amended as follows:
“c) Cooperate with the Banking Supervision Agency,
State Bank branches of provinces and central-affiliated cities and relevant
units in inspection of compliance with regulations in this Circular upon
request.”.
“2. Banking Supervision Agency; and State
Bank branches of provinces and central-affiliated cities shall:
Carry out inspection of compliance with regulations
in this Circular, take actions against violations within their competence and
notify the Payment Department and relevant units of the results.”.
14. Clause 2 Article 32
(amended by Clause 13 Article 1 of the Circular No.26/2017/TT-NHNN and provided
for in Clause 6 Article 1 of the Circular No. 41/2018/TT-NHNN) is amended as
follows:
“2. Clause 2 Article 24 of this Circular comes into
force from January 01, 2021.”.
15. The Appendix enclosed with
the Circular No. 19/2016/TT-NHNN (superseded according to regulations in Clause
12 Article 1 of the Circular No. 30/2016/TT-NHNN) is superseded by the Appendix
enclosed with this Circular.
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Card specimens issued prior to the effective date
of this Circular shall contain information required by regulations applicable
at the time of their issuance. Information on cards issued by card issuers or
changed after this Circular takes effect is regulated by this Circular.
Article 3. Implementing
responsibilities
Head of Office of the State Bank, Director General
of the Payment Department, heads of relevant affiliates of the State Bank,
Directors of State Bank branches of provinces and central-affiliated cities,
Chairpersons of Boards of Directors, Chairpersons of Members’ Councils, general
directors (directors) of credit institutions and foreign bank branches,
switching organizations and clearing organizations shall implement this
Circular.
Article 4. Effect
1. This Circular takes effect
from April 01, 2020.
2. Clause 14 Article 1 of this
Circular comes into force from January 01, 2020./.
PP. THE
GOVERNOR
THE DEPUTY GOVERNOR
Nguyen Kim Anh
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APPENDIX
(Enclosed with
Circular No. 28/2019/TT-NHNN dated December 25, 2019 by Governor of the State
Bank of Vietnam amending a number of Articles of Circular No. 19/2016/TT-NHNN dated
June 30, 2016 on bank cards)
NAME OF CARD
ISSUER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom –
Happiness
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No. …….
[Location and
date]
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BANK CARD SPECIMEN REGISTRATION
To: State Bank of Vietnam
(Payment Department)
Name of card issuer:
- In Vietnamese:
……………………………………………………………………………………
- In foreign language:
……………………………………………………………………………..
- Abbreviated name:
………………………………………………………………………………
Address of headquarters: …………………………………………………………………………
Phone number: …………………………………………Fax: …………………………………….
Phone number (unit or person in charge):
………………………………………………..
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1. Card
specimen information
Name of card
Type of card
Functions of card
Card assigned BIN
by the State Bank/ Card assigned BIN by an international card association/ Card
assigned BIN by another country (the BIN shall be included to identify the
card issuer)
Debit card/Credit
card/ Personalized prepaid card/Anonymous prepaid card
Physical
card/Non-physical card
Card A (primary
card specimen)
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2. Target
customers and card issuance conditions
3. Roles
and responsibilities of card issuer and relevant parties (card issuance
partners (if any)) for issuance of registered card(s)
4. Color
scans of front and back of card(s) (for physical cards)
5. Supplementary
card specimen information (if any)
(Card issuer shall specify whether any
supplementary card is to be issued)
Contents
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If similar to Card A (primary card specimen),
tick X
If different from Card A (primary card specimen),
describe the difference(s) in detail
Target customers and card issuance conditions
Functions of card
Images of card
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We take full responsibility before the law for the
accuracy and honesty of information provided in this registration form.
Recipient:
- …
- …
Attachments:
- …
- …
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(Signature, full name and stamp)