THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
46/VBHN-NHNN
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Hanoi,
November 9, 2016
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CIRCULAR
ON BANK CARD OPERATIONS
Circular No. 19/2016/TT-NHNN dated June
30, 2016 of the Governor of the State bank of Vietnam on band card operation,
which comes into force from August 15, 2016, shall be amended by:
Circular No. 30/2016/TT-NHNN dated
October 14, 2016 of the Governor of the State bank of Vietnam on amendments to
Circulars on provision of payment services and intermediary payment services,
which comes into force from November 28, 2016.
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;
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The Governor of the State bank
of Vietnam promulgates a Circular on bank card operations1.
Chapter
I
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 statement of card
transactions.
Article
2. Regulated entities
1. Card issuers.
2. Acquirers.
3. Switching
companies.
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5. Merchants.
6. Cardholders.
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.
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Prepaid cards
include: Personalized prepaid card (identifying the cardholder) and
anonymous prepaid card (not identifying the cardholder).
5. Co-branded
card means a card that bears both brand names of a card issuer and an
association organization.
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.
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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.
15. Acquirer
means a credit institution or a branch of foreign bank that is licensed to
process card payments as prescribed in Article 21 of this Circular.
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
company 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.
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24. Agreement
on card issuance and usage means an agreement on card issuance and usage
concluded by a card issuer and a cardholder.
25. Card
payment agreement means an agreement on card payment concluded by an
acquirer and a merchant or an international card association.
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.
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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.
Article
5. Card fees and charges
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
companies, 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:
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2. It is used
illegally.
3. It is used for
the purpose of investigation and actions against crime as prescribed by law.
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.
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Chapter
II
ISSUANCE
OF CARDS
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.
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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.
4. Any arrangement
on card issuance and usage must be made in the form of agreement on card
issuance and usage in accordance with this Circular and relevant law
provisions. The contents of the agreement shall comply with Article 13 of this
Circular.
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. 3
(annulled)
Article
12. Information on cards
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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;
dd) Validity
period (or the validity date) of the card;
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:
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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);
e) Information
about account balance, history of card transactions and other necessary
information that is provided by the card issuer to the cardholder
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;
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m) Safety and
security measures required during the card usage and card losses or card
disclosure;
n) 4 Methods of receiving trace requests,
complaints; time limit for processing trace requests, complaints, and results
thereof in accordance with Article 20 of this Circular;
o) 5 Force majeure events.
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
1. The card issuer
shall agree with the cardholder about payment limit, transfer limit, cash
withdrawal limit (including the limit applicable to cash withdrawal made
overseas) and other card-related limits in accordance with regulations of law
in force on foreign exchange management and other provisions of law.
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:
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b) The card issuer
must issue international 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 Article 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.
2. Loans granted
under debit cards’ overdraft limit by a card issuer must comply with
regulations of law in force on borrowing of the State Bank.
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
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1. For principal
cardholders being individuals:
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) 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:
A supplementary
cardholder may use card as specific authorization of the principal cardholder
in accordance with the following requirements:
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;
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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;
c) Anonymous
prepaid cards are only used for pay for the purchase of goods and services
without cash withdrawal;
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. Card issuer:
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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 companies 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;
g) Check
documentation and closely monitor to ensure the card-based remittance is
conducted for the proper purposes, within the card limit and in accordance with
regulations of law on foreign exchange management.
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 companies,
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.
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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
1. If there is any
mistake or any doubt about a mistake that is related to card transaction, the
cardholder is entitled to send a trace request to the card issuer.
2. 7 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.
“2a. 8 The card issuer must
apply at least two methods of receipt of trace requests and complaints from the
cardholders, including via telephone exchange (with recording and
round-the-clock operation) and through the card issuer’s offices that ensures
the basic information that the cardholder has provided for the card issuer.
2b. 9 Upon the request for
card locking by a cardholder who doubts fraud or loss related to the bank card,
the card issuer shall lock the card and bear all financial losses incurred by
the cardholder upon the bank usage after the locking time.
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3.11 The card issuer must process the trace
request or complaint made by the cardholder and reply within a given time
specified as follows:
a) Regarding bank
cards whose BINs are issued by the State Bank, the time limit for processing
the trace request or complaint shall be specified in the agreement on card
issuance and usage provided that it does not exceed 45 working days from the
receipt of initial trace request or complaint according to one of the methods
of receipt prescribed in Point 2a of this Article;
b) Regarding bank cards whose BINs
are issued by international card associations, the time limit for processing
the trace request or complaint shall be specified in the agreement on card
issuance and usage.
3a. 12 Processing results
of trace requests and complaints:
a) Within 05
working days from the notification of results of trace requests and complaints,
the card issuer shall reimburse, upon agreement or in accordance with
applicable law provisions, damage incurring through no fault of the cardholder
and/or not due to force majeure events agreed upon in the agreement. In case of
losses incurred by faults of relevant parties (acquirer, switching company,
international card association, or merchant), the party at fault shall
reimburse the card issuer for any loss according to their agreement in
accordance with regulations of law;
b) If it fails to
determine reasons or which party at fault while the deadline for trace
requests or complaints agreed upon in the agreement on card issuance and usage
expires, the card issuer shall, within succeeding 15 working days, agree with
the cardholder about the remedial measure or reimburse the card holder for
damage until the final conclusion determining faults and responsibility of
parties is made by the competent authority.
3b. 13 If the case shows any sign of crime, the
card issuer shall notify the competent authority in accordance with law on
criminal procedures and send a report to the State Bank (via Department of
Payment, branches of the State Bank of provinces or cities); and notify the
cardholder in writing of progressing actions against trace request or
complaint. The processing of results of trace request or complaint shall be
responsible by the competent authority. If the competent authority notifies
that the results do not show any sign of crime, the card issuer shall, within
15 working days from the conclusion of the competent authority, agreed with the
cardholder about the solutions for results of trace request or complaint.
4.14 In the case where the card issuer,
cardholder and relevant parties fails to reach an agreement and/or disagree
with the processing of trace request or complaint, the dispute shall be settled
in accordance with regulations of law.
Chapter
IV
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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.
Article
22. Acquirers
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.
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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;
dd) Monitor the
merchants’ execution of the card payment agreement and fulfillment of
requirements for card payments; in case it is discovered that a merchant
collects additional fees and/or charges from the cardholders, the acquirer
shall take necessary actions and notify the competent authorities.
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
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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 companies
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 companies licensed by the State
Bank.
2. The switching
for transactions of cards whose BIN issued by an international card association
between card issuers and acquirers with the international card association
shall be conducted through a payment gateway of a switching company licensed to
be operated by the State Bank.
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 company 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 company 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
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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
The statement of
financial liabilities incurring from payments according to clearing for card
transactions between card issuers and acquirer must be conducted by an
organization licensed by the State Bank.
Article
27. Rejection of card payments
1. Card issuers,
acquirers and merchants must reject the card payment in any of the following
cases:
a) Use a card in a
prohibited card transaction as prescribed in Article 8 of this Circular;
b) The card has
been lost as notified by the cardholder;
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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.
3. The card issuer
shall notify in writing or a legally valid data message the cases specified in
Clause 1 or Clause 2 of this Article to the acquirer; the acquirer shall notify
it to the merchant.
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 BREACHES
Article
28. Reporting
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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;
b) Upon irregular
card-related occurrences affecting operation of card issuers or acquirers.
Article
29. Information provision
1. card issuers,
acquirers, merchants, switching companies, clearing companies 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.
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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
IMPLEMENTATION15
Article
31. Responsibilities of State Bank units
1. The Payment
Department:
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;
b16) Receive and monitor notification of
card models issued, and of 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.
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1. This Circular
comes into force from 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
effective date 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;
b) Decision No.
32/2007/QD-NHNN dated July 9, 2007 of the Governor of the State Bank on
balance limit of anonymous prepaid cards;
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 affilities 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 companies, and relevant
organizations and individuals shall implement this Circular./.
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“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 the
Law on negotiable instruments No. 49/2005/QH11 dated November 29, 2005;
Pursuant to
Government's Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash
payments; Decree No. 80/2016/ND-CP dated July 1, 2016 on amendments to
Government's Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash
payments;
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 amendments to Circulars on
provision of payment services and intermediary payment services.
2 This Clause is amended as prescribed in
Clause 1 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
3 This Clause is annulled as prescribed in
Clause 11 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
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5 This Clause is amended as prescribed in
Clause 3 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
6 This Clause is amended as prescribed in
Clause 4 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
7 This Clause is amended as prescribed in
Clause 5 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
8 This Clause is amended as prescribed in
Clause 6 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
9 This Clause is amended as prescribed in
Clause 6 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
10 This Clause is amended as prescribed in
Clause 6 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
11 This Clause is amended as prescribed in
Clause 7 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
12 This Clause is amended as prescribed in
Clause 8 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
13 This Clause is amended as prescribed in
Clause 8 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
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15 Articles 5, 6 and 7 of Circular No.
30/2016/TT-NHNN dated October 14, 2016 of the Governor of the State bank of
Vietnam on amendments to Circulars on provision of payment services and
intermediary payment services, which comes into force from November 28, 2016
are specified as follows:
“Article 5.
Effect
This Circular
comes into force from November 28, 2016.
Article 6.
Transitional provisions
With regard to
contracts/agreements concluded prior to the effective date of this Circular,
the providers of payment services and intermediary payment services shall
notify their customers of new regulations on receipt and processing of trace
requests and complaints under methods prescribed in the contracts/agreements
and on their websites; and re-conclude another contract/agreement with
customers at their requests. The concluded contract/agreement shall be amended
in accordance with this Circular.
Article 7.
Implementation
The Chief officers, Director of
Payment Department, Heads of affiliates of the State bank, Directors of
branches of the State Bank of provinces and central-affiliated cities,
Presidents of the Board of Directors (Member assembly), General Directors
(Directors) of providers of payment services or intermediary payment services,
and relevant entities shall implement this Circular./”.
16 This Clause is amended as prescribed in
Clause 10 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016 of
the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.
17 This Appendix is replaced as prescribed
in Clause 12 Article 1 of Circular No. 30/2016/TT-NHNN dated October 14, 2016
of the Governor of the State bank of Vietnam on amendments to Circulars on
provision of payment services and intermediary payment services, which comes
into force from November 28, 2016.