THE STATE
BANK OF VIETNAM
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
23/2010/TT-NHNN
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Hanoi,
November 09, 2010
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CIRCULAR
REGULATING ON THE MANAGEMENT, OPERATION, AND USE OF INTER-BANK
ELECTRONIC PAYMENT SYSTEM
Pursuant to the Law No. 46/2010/QH12, of June
16, 2010, on State Bank of Vietnam;
Pursuant to the Law No. 47/2010/ QH12, of
June 16, 2010, on Credit Institutions;
Pursuant to the Accounting Law, of June 17,
2003;
Pursuant to the Law on Electronic
Transactions, of November 29, 2005;
Pursuant to the Government’s Decree No.
96/2008/ND-CP, of August 26, 2008, defining functions, task, powers and
organizational structure of the State Bank of Vietnam;
Pursuant to the Government’s Decree No.
35/2007/ND-CP, of March 8, 2007, on banking electronic transactions;
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Pursuant to the Government’s Decree No.
26/2007/ND-CP, of February 15, 2007, detailing the implementation of the law on
e-transactions of digital signatures and digital signature certification
service,
The State Bank of Vietnam regulates on
management, operation, use of Inter-bank Electronic Payment System to implement
the payment and settlement among units participating in this payment system as
follows:
SECTION 1. GENERAL
REGULATIONS
Article 1: Scope of
regulation and subjects of application
This Circular regulates the management,
operation, and use of the Inter-bank Electronic Payment System to implement the
payment and settlement in VND among units participating in this payment system.
Article 2: Interpretation of
terms
In this Circular, these terms below shall be
construed as follows:
1. Inter-bank electronic payment (abbreviated
as IBP) shall be the process of treatment of inter-bank payment
transactions from the initiation of the payment order until the completion of
payment order, which is performed through the computer network.
2. Direct member (abbreviated as member)
shall be a unit of the system of State Bank of Vietnam or payment service
provider which is allowed to directly connect to the IBP system by the
management board of IBP System.
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4. Indirect members shall be
organizations that open accounts at direct members and implement payment
through direct members of the IBP system.
5. Payment order shall be a message made
by a member unit and used for payment in the IBP system. The payment order may
be a payment order that is credited or debited.
6. Credit payment order shall be a
payment order of an order sender used to debit a certain amount to his account
at the drawing unit, and to credit that amount to the receiver's account at the
receiving unit.
7. Debit payment order shall be a payment
order of an order sender used to debit a certain amount to the receiver's
account at the receiving unit, and credit that amount to the order sender's
account at the initializing-order unit.
8. Urgent payment order shall be a
payment order with the low value that is requested for urgent transfer by
customer.
9. High value payment order shall be a
payment order with an amount equivalent to or higher than stipulated level on
high value payment or urgent payment order.
10. Low value payment order shall be a
payment order with an amount less than stipulated level on high value payment.
11. Order sender shall be an organization
or an individual that delivers the payment order.
12. Oder receiver shall be an
organization or an individual that receives the payment order.
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14. Unit receiving the payment order (abbreviated
as the receiving-order unit) shall be a member or a member unit that
receives and deals with the payment order (incoming) on behalf of an order
receiver.
15. Message shall be electronic
information reflecting the content of a payment order or notice related to the payment
that needs to be implemented and be transmitted through the computer network
between units participating in the IBP system.
16. Message confirmation shall be
electronic information used to confirm the status of payment orders in the IBP
system.
17. Settlement shall be the determination
and payment of final value among related members to complete their payment
obligations
18. Real time gross settlement shall be
the performance of payment obligations between members or member units on the
basis of dealing immediate settlement of each payment order.
19. Settlement of low value clearing results
(abbreviated as clearing settlement) shall be the performance of payment
obligations between parties participating in the direct clearing payment after
having balanced between total receivable amounts and payable amounts.
20. Net debit limit shall be the maximal
value provided for low value payment operations to be participated in the
clearing settlement.
21. User shall be the person who operates
the IBP program in accordance with his assigned task.
Article 3: The structures
and main functions of IBP System
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2. High-value payment sub-system: is a
structural part of IBP System which performs the real time gross settlement to
high-value payment and urgent payment orders.
3. Low-value payment sub-system: is a structural
part of IBP System, which performs payment of the low-value payment amounts.
4. Sub-system processing payment deposit: is a
structural part of IBP System, which performs checking, accounting of the
high-value payment orders and handles low-value payment results.
5. National center processing inter-bank electronic
payment (abbreviated as National Processing Service Center - NPSC) is the
system of technical equipments included hardwares, softwares, communication
network and secrecy security which is located at the Department of Informatics
and Technology to implement the functions of High-value payment sub-system,
low-value payment sub-system, and sub-system processing payment deposit, and
check the system.
6. Backup National center processing inter-bank
electronic payment (abbreviated as Backup National Processing Service Center -
BNPSC) is the system of technical equipment included hardwares, softwares,
communication network and secrecy security which is located at Son Tay town (Ha
Noi) to perform the function of provision against disasters for the National
Processing Center .
7. Regional center processing inter-bank
electronic payment (abbreviated as Regional Processing Center - RPC) is the
system of technical equipment included hardwares, softwares, communication
network and secrecy security which is located at the State Bank of Vietnam’s
branches in Hanoi city, Ho Chi Minh city, Da Nang city, Hai Phong city, Can Tho
city, and State Bank’s Operation Department (abbreviated as Operation
Department) to perform some of functions of IBP System for members, member
units in provinces and cities where placed the RPC, and other provinces and
cities that have connected to the RPC.
Article 4: Vouchers used in
IBP
1. Payment orders shall be prepared on the basis
of vouchers used in the IBP in accordance with current regime.
2. Vouchers used in the IBP shall be payment
orders in paper or in form of electronic vouchers.
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Article 5: Accounts used in
IBP System
1. Accounts used in IBP System:
a) Payment deposit account of members;
b) Clearing payment Account;
c) Account of collection and payment in lieu of
customers;
d) Other appropriate accounts
2. For members
a) At the Head-office, following accounts shall
be used:
- Account of collection and payment in lieu of
customers (each member unit participating the IBP system shall be provided with
a detailed account);
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- Other relevant appropriate accounts (Account
"Deposit payment of customers", other internal accounts)
- In respect of members without branches shall
not be required to open the account of collection, payment in lieu of
customers.
b) At member units, following accounts shall be
used:
- Account of collection, payment in lieu of
customers (detailed account shall be opened for making payment with the
Head-office);
- Clearing payment accounts;
- Payment deposit accounts;
- Other relevant appropriate accounts (Account
"Deposit of customers", other internal accounts).
3. For National Processing Center, following
accounts shall be used:
a) Payment accounts of members participating in
the IBP;
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c) Other appropriated accounts.
Article 6: Debit payment in
the IBP system
1. The Debit payment in the
IBP system shall be the treatment of following debit payments in the internal
system of the State Bank and implicitly considered as the authorized debit
payment (the Contract of authorization is not required):
a) Transferring the cash between units of the
State Bank;
b) Transferring the deficient differences (the
counted amount is actually less than the amount stated in the voucher) upon
transfer cash between units of the State Bank in accordance with the minutes on
the counting result of the Council of counting;
c) Charging for the assignment of important
printed papers between units of the State Bank;
d) Paying for the purchase of foreign currencies
in lieu of units of the State Bank;
dd) Transferring the receipt differences that
are less than payment of the State Bank 's units to the BOD after the
settlement has been approved;
e) Paying valuable papers that become due;
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h) The debt payment of advances must have
written request of the Heads of the units of the State Bank that receive debt,
within permitted scope of regime on advances.
i) Paying for result of settling account of
receivable and payable amounts of credit organization’s branches opened at
State Bank.
2. Debt payment between members which are not
units of State Bank must have contract of authorization and be approved by
Executive Committee of IBP System (hereinafter abbreviated as Executive
Committee).
3. Debt payment between members which are units
of State Bank and members which are not units of State Bank shall comply with
regulations of State Bank.
Article 7: Regulations on high-value
and low-value payment
1. High value payment shall be a payment with
the value of from VND 500,000,000 (five hundred million VND) and more.
2. Low value payment shall be a payment with the
value of less than 500,000,000 (five hundred million VND).
Article 8: Construction,
maintenance, development expenditures of IBP System and Charges in IBP
1. The expenditures for construction,
installation, maintenance, development and improvement of operations of IBP
System of part owned by State Bank will be paid by the State Bank. The
expenditures for operations of IBP System of part owned by members will be paid
by themselves.
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SECTION 2: REGULATION ON THE MANAGEMENT
AND OPERATION OF THE IBP SYSTEM
Article 9: Checking of IBP
System
1. Department of Informatics and Technology will
daily check the technical status of IBP System regarding balance data,
low-value payment limit data, payment data, software system, equipment, and
communication network at National Processing Center, Backup National Processing
Center, and Regional Processing Centers.
2. Regional Processing Centers will frequently
monitor, supervise the operating status of IBP System regarding the equipment
and communication network, payment data at their Centers and the State Bank of
Vietnam’s branches in provinces, cities in their locations; announce and
coordinate with Department of Informatics and Technology and other relevant
parties in order to handle incidents happening
Article 10: Checking
validity of payment orders
Payment orders in the IBP system shall be made
in form of electronic vouchers in accordance with regulations of the State
Bank. During the usage process, members or member units must check and take
full legal responsibilities for legality of vouchers. Following information
needs be checked:
1. Type and format of the data;
2. Validity (authorized) of data initiator;
3. Date, month of general check;
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5. Compulsory
elements for a payment order;
6. Code of confirmation
message;
7. Code of participating
units, code of terminal access devices and code of approvers.
Article 11: Working time applicable to the IBP
1. Points of time applicable to the IBP are
provided for as follows:
a) Points of time of performing technical check
and initializing data of the first day of the IBP System will fall on 7:30 am
of the working day.
b) Cut off time for deliver of low-value payment
orders and high-value payment orders by units shall respectively fall on 15:00
pm and 16:00 pm of the working day;
c) From 15:10 pm onward, payment units shall
perform settlement of low value clearing as prescribed in Article 28 of this
Circular.
d) From 16:15 pm onward, payment units shall
perform works of the end of the day, reconcile, and verify the data with the
National Processing Center.
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2. Participants in the IBP system must comply
with provisions on points of time applicable to the IBP system as mentioned
above to ensure the convenient, accurate, timely payment and asset safety.
3. National Processing Center, regional
Processing Center must regularly arrange personnel to receive, process payment
orders and ensure the smooth and safe operation of the IBP system.
Article 12: Diary entry of
transactions
The settlement process of transactions shall be
automatically imported in diary data files by the IBP system. Daily, diary
files must be saved in information carriers (magnetic tapes, floppy discs, hard
discs, CD-ROM, USB) and be preserved in accordance with prescribed regime as in
the case of preservation of electronic vouchers. In necessary cases
(inspection, control, dispute settlement, etc...), units shall be responsible
for presenting diary files to competent authorities. The diary-entry shall be
provided for as follows:
1. In respect of each member, member unit, the
diary-entry shall be made for transaction requests and result message;
2. In respect of the National processing center,
regional processing center, the diary-entry shall be made for operation
messages and processing results.
Article 13: Issuance,
management and use of electronic signatures participating in IBP System
1. Electronic signatures are classified in 4
types:
a) Electronic signature of the person who issues
Payment Order (abbreviated as the order issuer);
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c) Electronic signature of the person who
approves Payment Order (abbreviated as the order approver);
d) Electronic signature of the person who are
assigned task of transmitting and receiving payment data (abbreviated as
communicated electronic signature).
2. Electronic signatures are classified to
manage and use as follows:
a) Electronic signature of the order issuer and
order checker will be issued and managed by members and member units.
b) Electronic signature of the order approver
and communicated electronic signature are issued and managed by Department of
Informatics and Technology in accordance with Regulation on the issuance,
management, use of digital signature, digital deed and digital signature
certification service promulgated together with the Decision No.
04/2008/QD-NHNN, of February 21, 2008, of the Governor of state bank.
c) Decentralization of user which is organized
at member units shall be prescribed by heads of units and ensure principle in
which the order issuer is independent with the order approver.
Article 14: Inquiry and
Comparison
1. Inquiry
Members and member units shall make inquiry and
search on information by sending message requesting for the inquiry or via
website providing information. The IBP system shall automatically verify the
validity of these requests and provide response information.
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Comparison work shall be made daily at the point
of time when the IBP system finishes the processing work at end of day:
a) The data that have been accounted during a
day at the National processing center and regional processing center shall be
original basis for the comparison of payment results;
b) In principle, entire arising payment orders
must be compared for the correctness between data at the National processing
center, regional processing center and those of member units in a day, except
for irresistible cases such as technical breakdown of information transmission;
c) The comparison of payment orders shall be
made for each separate day. In case of breakdown that makes the comparison
impossible to complete in a day as provided, it shall be allowed to prolong to
the following working day after the breakdown has been overcome. The comparison
shall, however, reflect payment orders for the day when they occurred, despite
the fact that comparison is performed in the following working day;
d) Regional processing center shall get data of
inter-provincial payment orders from the National processing center and combine
with the data of payment orders in the area under its management to transfer to
member units for comparison;
e) Member units shall get data and compare with
the data of payment orders actually transferred and received during a day in
accordance with the guidance in clause 2 Article 41 of this Regulation.
In case of difference, member units must inform
and cooperate with regional processing center and the National processing
center for settlement.
Article 15: The extension
of operating time
In case, due to work requirements, the
occurrence of errors in the IBP system of the National processing center,
regional processing center, member units or due to other reasons that affect
the payment process, the temporary operating time may be extended; The
extension of operating time shall be decided upon by the Executive Committee of
the system and be notified to all units in the IBP system
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1. Besides payment orders, the IBP system also
deals with the following files or messages:
a) Files or messages requesting for the
confirmation;
b) Files or messages on clearing results;
c) Reporting files or message;
d) Files or messages of inquiry;
e) Files or message on operations (through
interface gateway) between the IBP system and other payment systems.
2. Requests upon deal with files or messages
a) Files or messages must be automatically coded
upon delivery and decoded upon receipt;
b) Files or messages shall, depending on their
type, be verified for the validity in accordance with following elements:
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- Examination number on quantity of payments and
money amounts
3. Changes in form of file or message
Transaction files or messages between the IBP
system and other payment system shall be automatically converted into
appropriate forms before sending or after receiving.
Article 17: Operation of National
Processing Center
1. To perform the dealing with payment orders,
valid high-value cancellation orders; notice as required of payment orders and
payment order processing results to regional Processing Centers and members
related to those payment orders.
2. To perform procedures as prescribed in order
to forward the payment orders, low-value cancellation orders to units receiving
orders; except for irresistible cases;
3. To make verification with the provincial
processing center and the unit initializing order in the event of suspicion or
discovery of errors in payment orders, cancellation orders with high value
4. To compare payment orders with Regional
Processing Centers and member units in IBP System;
5. To refuse to make payment of high-value payment
orders, urgent payment orders, invalid cancellation orders, or refuse
transmission of payment orders, invalid low-value cancellation orders.
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Article 18: Operation of
Regional Processing Center
1. To require the initiators to make and send
the Payment Orders or Cancellation Orders in accordance with regulation, ensure
the validity of electronic vouchers aiming to prevent all acts of corruption or
abuse causing damage for customers;
2. To notify to the units initiating orders of
having performed Payment Orders and answering information relating to those
payment orders;
3. To compare the performed Payment Orders with
units initiating orders and National Processing Center.
4. To return the payment order to the unit
initiating order, if after stipulated time, account of the unit initiating
order is not provided with sufficient money for making payment (credit payment
order) under provisions in this Regulation
5. To request the National Processing center and
other regional processing centers to confirm their receipt of payment orders
transferred by them and information relating to those payment orders;
6. To coordinate with the National Processing
center, members and member units to settle errors arising during the operating
process of the IBP system and the movement to the backup system
Article 19: Operation of
the backup System
1. For National Processing Center
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b) All data and processing results in the backup
National processing center shall have the same legal validity as for the
National processing center.
c) The switching of operation to the National
processing center after the breakdowns have been overcome shall begin on the
following working day;
d) The National Processing center shall inform
all members, member units on this switching
2. For Regional Processing Center
a) In case a regional processing center happens
irresistible breakdowns and cannot operate as usual, Managers of the State
Bank's branches in provinces, cities where placing the regional processing
center occurring the breakdown shall report to the Executive Committee on the
development of the breakdown, if the required time for overcoming breakdown is
more than 4 hours, the Executive Committee shall make decision on the switching
operations of the regional processing center to the backup regional processing
center;
b) All data and processing results at the back-up
regional-processing center shall have the same legal validity as in the case of
the regional-processing center
c) When the breakdowns have been overcome, the
switching of operation of the IBP system into normal status shall begin on the
following working day. The transmission of data from the back-up regional
processing center to the (main) regional processing center shall be performed
at the end of a working day through the computer network or by information
carriers such as magnetic tapes, hard discs, CD-ROM, USB, etc;
d) On receipt of the notice of the switching to
the backup regional processing center, members and relevant member units are
responsible for coordinating with the regional processing center, the National
processing center to promptly deploy and maintain the operation of the back-up
regional processing center until the main regional processing center is
restored and operates as usual
dd) The National Processing center must notice
all units in the IBP system of this switching. Members, other member units
shall temporarily stop payments for member units relating to regional
processing center that is meeting breakdown until they receive the notice from
the National Processing center on the readiness for operation of the backup
regional processing center
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- Members and member units shall send the report
on the total of outgoing and incoming payment orders prior to the time of
receiving the notice on the switching to the backup regional processing center.
- Operating officers at the backup regional
processing center shall consolidate and verify the data retained in the center
with the reporting data of units. In case where the data are alike and the
total of outgoing payment orders are equal to the total of incoming payment
orders, the back-up regional processing center shall be permitted to officially
operate;
- Members and member units shall take full legal
responsibilities for their reporting data;
- In case of difference in data, relevant
members and member units shall coordinate with the backup regional processing
center and the National processing center for settlement;
- In respect of the BOD, which has to move to
the backup system because of breakdown, shall also comply with provisions as in
the case of a regional processing center. Beside, its function of account
management shall be performed in the National processing center.
SECTION III. ACCOUNTING IN
IBP SYSTEM
Article 20: Procedures for
making a Payment Order
1. For Payment Order that is initiated from
paper vouchers:
a) The person who makes the payment order
(accountant who manages customers' account) shall perform initiation of payment
order in accordance with following procedures:
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- To determine, classify of payment order for
settlement;
- To compare, verify the account balance of
customers;
- To insert data in accordance with stipulated
forms shown on the screen: sending unit, receiving unit, amount of money, name
and address, Identity Card No., or Passport No. of the sender, account of
sender, unit serving order sender, name and address, Identity Card No., or
Passport No. of receiver, account of receiver, unit serving order receiver,
content of money transfer;
- To re-control the inserted data and sign a
electronic signature (internally) in the electronic vouchers;
- To sign on vouchers, transfer inserted
vouchers and data to the order checker
b) In respect of person controlling order (chief
accountant or authorized person):
- Based on relevant vouchers, the person
controlling order shall insert again following elements for verification of the
data inserted by person who makes the payment order: receiving unit, unit
serving order sender, unit serving order receiver, amount;
- If any error is discovered, the person
controlling order shall return it to the person who makes the payment order for
correction;
- If the data is correct, the person controlling
order shall sign his/her electronic signature (internally) in the payment
order, sign on the vouchers and transfer them to the order approver.
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- To verify the correctness between data on the
original voucher and data on the screen;
- If any error is discovered, the approver shall
return it to the person who makes order or the person who controls order for
correction;
- If the data is correct, the approver shall
sign on the voucher and sign his/her electronic signature in the payment order
for sending.
2. For Payment Order that is made from
electronic voucher:
In case where the incoming order being an
electronic voucher of the internal payment system of members:
a) If electronic voucher is valid but has
insufficient information: the person who makes order shall supplement
insufficient contents in accordance with provisions on the preparation of
payment order; the person who controls order and the approver shall re-examine
elements as in the case of a paper voucher to secure the accuracy, then sign
their electronic signatures in the payment order for sending;
b) General Directors/Directors of units shall
decide whether if it is required for the approver to sign his/her electronic
signature in the payment order and to be responsible for this decision when the
incoming electronic voucher is valid, with sufficient information, and ensure
the security, safety, and accuracy of data; or complying with Point a Clause 2
of this Article.
3. After the approver has verified and signed
electronic signature, it shall be printed into 2 copies: one kept as voucher
diary, one used for the Debit or Credit notice sent to customers.
Article 21: The accounting
of payment orders with high value or low value, which have been accepted, at
the initiating unit (including the result of clearing payment performed
in provinces, cities and regions).
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a) In respect of a credit payment order
Debit: Appropriate account (payment deposit of
customers);
Credit: Account "Collection, payment in
lieu of customers" or other appropriate internal payment account (detailed
account for payment to the Head office)
b. In respect of a debit payment order
Debit: Account "Collection, payment in lieu
of customers" or other appropriate internal payment account (detailed
account for payment to the Head office)
Credit: Other Receivables pending payment.
- Upon receipt of the notice on the acceptance
of debit transfer from the receiving unit, the initiating unit shall pay for
customers and make a transfer slip for accounting:
Debit: Other Receivables pending payment (in
respect of a debit payment order of customer);
Credit: Appropriate account (payment deposit of
customers).
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Credit: Account "Collection, payment in
lieu of customers" or other appropriate internal payment account (detailed
account for payment to the Head office)
Debit: Other Receivables pending payment
2. The accounting of low value payment orders
and the result after making clearing payment in the locality
a) On sending of payment orders to the clearing
payment in the locality,
- In respect of a credit payment order,
following accounting entries shall be made:
Debit: Appropriate account;
Credit: Account "Clearing payment".
- In respect of a debit payment order, following
accounting entries shall be made:
Debit: Account "Clearing payment";
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Before processing and accounting for debit
payment orders (if permitted), a notice on the acceptance of debit transfer
must be received from receiving member and it shall be kept with the debit
order.
b) Upon receipt of payment orders through the
clearing payment in locality, following accounting entries shall be made:
- In respect of a credit payment order:
Debit: Account "Clearing payment";
Credit: Appropriate account.
- In respect of a debit payment order:
Debit: Appropriate account;
Credit: Account "Clearing payment".
c. Upon receipt of the clearing payment results
sent from the regional processing center after each processing time of the
clearing payment results, following accounting entries shall be made:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Debit: Account "Collection, payment in lieu
of customers" or other appropriate internal payment account (detailed
account for payment to the Head office);
Credit: Account "Clearing payment".
- In case where the difference in clearing payment
must be paid (payable):
Debit: Account "Clearing payment";
Credit: Account "Collection, payment in
lieu of customers" or other appropriate internal payment account (detailed
account for payment to the Head office).
At the end of a transaction day, the balance of
the account "Clearing payment" must be zero.
Article 22: The accounting
of payment orders at the receiving unit
1. At the Head office of member:
a. The accounting of payment orders:
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+ In case where the beneficiary being an
individual or organization has account at the Head Office, following accounting
entries shall be made:
Debit: Payment deposit account at the State
Bank;
Credit: Appropriate internal account.
+ In case where the beneficiary being an
individual or an organization has account at branches of the system, following
accounting entries shall be made:
Debit: Payment deposit account at the State
Bank;
Credit: Account "Collection, payment in
lieu of customers" or other appropriate internal payment account (detailed
accounts of each branch unit, headquarter).
- In respect of debit payment orders
+ In case where individuals and units that must
pay have account at the Head office, following accounting entries shall be
made:
Debit: Account "Appropriate internal
deposit";
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+ In case where individuals or units that must
pay have account at branches of the same bank, following accounting entries
shall be made:
Debit: Account "Collection, payment in lieu
of customers" or other appropriate internal payment account (detailed
account of each branch unit, operation center);
Credit: Payment deposit account at the State
Bank.
b. The accounting of payment orders in the clearing
payment and the processing results of clearing payment where the Head office
participates as a direct member and BOD is the organizer shall be made as
follows:
- Orders that are sent out for clearing payment
in the locality as well as received from other members, shall be similarly
dealt with and accounted in accordance with the guidance in points a and b
clause 2 Article 21 of this Circular.
- On receipt of the clearing payment result from
the BOD, it shall be processed as follows:
+ If the result is a receivable, following
accounting entries shall be made:
Debit: Account "Deposit at the State
Bank";
Credit: Account "Clearing payment".
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Debit: Account "Clearing payment";
Credit: Account "Deposit at the State
Bank".
c. Upon receipt of the clearing payment result
from the regional processing centers:
- On the basis of the payment list sent by the
BOD, based on the total of receivable or payable differences, the accounting
shall be made respectively between the payment deposit account at the State
Bank and the account "Clearing payment".
Based on the detailed result of the payment list
sent by the BOD, the detailed accounting shall be made between the account
"Clearing payment" and the account "Collection, payment in lieu
of customers" or other appropriate internal payment account (detailed
account of each branch unit, headquarter).
2. At member units (branches):
a) The accounting of payment orders
+ In respect of credit payment orders:
Debit: Account "Collection, payment in lieu
of customers” or other appropriate internal payment account (detailed account
for payment to the Head office);
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+ In respect of debit payment orders
Debit: Appropriate account;
Credit: Account "Collection, payment in
lieu of customers" or other appropriate internal payment account (detailed
account for payment to the Head office).
b) In case where payment orders are received
through clearing payment in locality, and the clearing payment results are
received after each processing time of the clearing payment results, they shall
be processed and accounted in accordance with points b and c clause 2 Article
21 of this Circular;
c) Dealing with authorized debit payment orders
that customers fail to have sufficient payment capacity:
- Receiving unit shall immediately inform
customers to deposit money into their accounts for performance of the debit
payment order within the acceptable time in accordance with provisions (not in
excess of 2 working hours from the receipt of the debit payment order at the
maximum);
- During the acceptable time as prescribed, if
customers' accounts are provided with sufficient funds by them for the
performance of debit payment order, the receiving unit shall make accounting as
follows:
Debit: Account of customer;
Credit: Account "Collection, payment in
lieu of customers" or other appropriate internal payment account.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Debit: Account "Receivables"
Credit: Account "Collection, payment in
lieu of customers" or other appropriate internal payment account;
The outgoing debit payment order for sending to the
initiating unit shall be made in accordance with refused contents:
Debit: Account "Collection, payment in lieu
of customers" or other appropriate internal payment account;
Credit: Account "Receivables"
Receiving unit shall open a book for monitoring
incoming debit payment orders that are not accepted for payment, to get data
for making report on the performance of electronic payment in accordance with
applicable provisions.
Article 23: The accounting
and processing of payment orders at the Operation Department of SBV
Based on the list made by electronic data
(according to Forms No. TTLNH-10, TTLNH-11, TTLNH-12, TTLNH-13, TTLNH-14,
TTLNH-15 attached to this Circular) to perform the control, accounting,
auditing and preservation.
1. In respect of high value and urgent payment
orders, following accounting entries shall be made
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Debit: Payment account of unit that sends the
payment order;
Credit: Payment account of unit that receives
the payment order.
b. For a debit payment order:
Debit: Payment account of unit that receives the
payment order;
Credit: Payment account of unit that sends the
payment order.
2. In respect of accounting low-value clearing
payment results:
a. For members who must pay:
Debit: Payment account of members;
Credit: Account "Clearing payment".
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Debit: Account "Clearing payment";
Credit: Payment account of members.
3. Processing of low-value clearing payment
results for units of SBV
Based on the low-value clearing results, the
Operation Department will make a Payment Order, process as in case of a
high-value payment order and send to units of SBV.
Article 24. The
performance of inter-bank payment in regional processing center
Upon performance of inter-bank payment in regional
processing center, the accounting shall not be carried out, but following works
shall be performed:
1. Sending message guiding the requests for
clearing settlement after the clearing of vouchers;
2. Verifying and classifying following payments
to make the payment order and deal with in accordance with procedures as stated
in respective Articles of this Circular:
a) High value payment;
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c) Debt payment with authorization.
3. Receiving message of notice confirmation and clearing
results from the National processing center to consolidate, then send them to
units and the State Bank’s branches in provinces, cities in locality.
Section IV: THE PERFORMANCE
OF CLEARING SETTLEMENT BETWEEN MEMBERS
Article 25: Net debt limit
1. Setting up of the net debt limit
a) Members participating in the low-value
payment services shall, by themselves, set up a limit of net debt and submit it
to the BOD. The BOD shall verify the arithmetical correctness, combine with
situation of performance of low-value payment, valuable papers deposited by
members and inform the result to these units for implementation;
b) The net debt limit shall be calculated based
on the difference between total of incoming payment orders with low value and
outgoing payment orders with low value within a certain period of time;
c) The setting up of net debt limit shall be
carried out every 6 months during the first 5 days in January and July
annually;
d) Members possessing valuable papers shall
implement the setting up of net debt limit in accordance with provision in
Article 26 of this Circular;
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2. The adjustment of net debt limit
a. The BOD may request members participating in
low-value payment services to adjust increasingly limits of net debt if these
limits are too low or too high after considering previous net debt of these
members;
b. Each member may change the limit of net debt
and must inform the result to the BOD after completing all procedures for the
change of net debt limits;
c. In necessary case, the Director of BOD may
accept the request for the increase of net debt limits of members participating
in clearing settlement without notifying in advance. However, this acceptance
may be cancelled immediately if necessary deposit valuable papers are not
sufficiently supplemented by those members within stipulated time;
d. The BOD shall immediately notify members participating
in low-value payment services of information relating to the change of above
limits.
3. The management of net debt limit
a. At the beginning of working day, the National
processing center shall update for regional processing centers on the limit of
net debt that is notified by Operation Department (the net debt limit at the
beginning of the day). At each point of time during a working day, this limit
may be changed (increase or decrease), depending on the payment operations of
members and member units (current net debt limit). Periodically every 10
seconds, the National processing center shall recalculate the current net debt
limit of each member and update for regional processing centers on it. Current
net debt limit of each member shall be calculated by the net debt limit that
has been set up at the beginning of the day adding to total of receivable
amounts and subtracting payable amounts. Members must regularly supervise their
net debt limits to maintain them at an appropriate level.
b. In case where the operation is not carried
out because the request for payment is refused due to the lack of net debt
limit, members must at once inform the National processing center and related
customers of this payment request, at the same time take necessary measures for
dealing with obstacles including the increase of their net debt limit.
Article 26: Valuable paper
used for deposit
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a) The State Treasury Bills;
b) The State Bank Bills;
c) The State Treasury Bonds;
d) Bonds of central construction works;
dd) Public debts for fatherland construction;
e) Government bonds issued by the Vietnam development
bank (before as Fund for development support) as appointed by the Prime
Minister;
g) Bonds issued by the Vietnam development bank
and guaranteed for paying 100% of originals and interests when become due by
the Government;
h) Bonds issued by the Social policy bank and
guaranteed for paying 100% of originals and interests when become due by the
Government;
i) Bonds of local authorities that are issued by
People’s Committees of Hanoi and Hochiminh cities;
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2. The calculation of deposit valuable papers
a) The BOD shall collect deposited valuable
papers from members in order to participate in low-value payment, with the
remaining value equal to 10% of net debt limit notified by BOD to members;
b) The BOD may adjust the money amount that is
equivalent to the value of valuable paper deposited by members within permitted
scope to secure the payment capacity of these members;
c) After the calculation of the money amount of
deposited valuable papers, the decimal part less than 100 million Dong shall be
made even up the nearest integer.
3. Time for sending the deposited valuable paper
Members participating in clearing settlement
shall provide deposited valuable papers to the BOD at the following points of
time:
a) In case where deposited valuable papers
belong to the type stated in Point a clause 2 of this Article, they shall be
submitted to the BOD at the notifying time on the limits of net debt which are
set up or subject to the increasing adjustment. In case of the increase of net
debt limit as provided for in point c clause 2 of this Article, the deposited
valuable papers shall be submitted at the provided point of time on the same
day of dealing with clearing settlement relating to this increase;
b) In case where deposit valuable papers belong
to the type stated in Point b, clause 2 of this Article, they shall be
submitted at the end of month after completing the calculation of the minimal
money amount of deposit valuable papers.
4. Price determination of deposited valuable
papers
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5. The return of deposited valuable papers
a) When the value of valuable papers deposited
at the BOD is in excess of minimal money amount that has been calculated in
accordance with Point b, clause 2 of this Article, respective members
participating in clearing settlement may request for the return of deposited
valuable papers equivalent to the above-mentioned excessive part;
b) Upon the receipt of valid request for the
return of deposited valuable papers, the BOD shall complete procedures for the
return of those deposited valuable papers on the following working day.
6. The transfer of deposited valuable papers
In case where any member lacking payment funds,
after having carried out solutions as provided for in Article 31 of this
Circular, but still fails to have enough funds for payment, the BOD shall
perform the transfer of deposit valuable papers of this member at the nearest
transaction session of the monetary market or security market. Procedures for
the transfer of deposited valuable papers shall be in accordance with
provisions of the State Bank.
Article 27: Dealing with
the lack of net debt limit in low-value payment
In case the amount in the payment order is in
excess of net debt limit, they shall be processed operations as follows:
- To notify the member to immediately increase
the net debit limit in accordance with point c clause 2 Article 25 of this
Circular in order to perform the dealing with the payment order.
- The payment order shall be performed only when
the net debt limit is sufficient.
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Article 28. The performance
of clearing settlement
The clearing payment result of low value payment
amounts due to the transition of low value and sent by regional processing
centers shall be cleared by the National processing center and the last result
shall be accounted to payment account of each unit at the BOD. Specifying:
1. At the National processing center
a) Sending messages that provide the guidance on
the request for clearing settlement to regional processing centers to get net
data of low value;
b) Receiving internal clearing result of each
regional processing center and combining with inter-provincial clearing results
in the National processing center to clear once more. This clearing result
shall be informed to regional processing centers;
c) The National processing center shall perform
the clearing settlement:
The accounting shall be made in accordance with
the guidance provided for in clause 2, Article 23 of this Circular.
d) The National processing center shall inform
the result of clearing settlement to regional processing centers;
2. At regional processing centers
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b) Receiving the message of confirmation and
clearing results from National Processing Center.
Article 29. The
supervision of clearing settlement
1. Supervising time
The BOD shall supervise the clearing settlement
through the IBP system one hour prior to the stipulated time for settlement
sessions in the morning and half an hour for settlement sessions in the
afternoon.
2. The order of supervising contents shall be as
follows:
a) Verifying and determining the development of
funds through the inquiry on the IBP system, monitoring daily diary file.
b) Informing the development of funds to
members; anticipating the possibility for the lack of funds and requesting
members to take necessary measures for supplementation;
c) Verifying the supplementation of fund to
payment account of members who have been informed about the lack of funds
before.
SECTION V. DEALING WITH
THE LACK OF FUNDS IN IBP
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1. When payment account of a member lacks money,
the National Processing center shall retain payment orders in the queue. When
the deficient account of that member unit is supplemented with money, the
National processing center shall process the payment order in accordance with
the following order: first come – first process. In case where a payment order
of a big money amount in the queue obstructs the settlement of other payment
orders in the queue, the National processing center may, in the first place,
transfer (reverse the queue) unprocessed payment orders in accordance with the
order: first come – first process while they still remain the net debt for the
big amount that they have received before but kept in the queue due to the
deficiency of money.
The queue line shall be managed as follows:
a) Making periodical verification of payment
accounts;
b) Sending requests that have been performed the
clearing settlement to make settlement in case of sufficient funds;
c) Dealing with requests for cancellation in
accordance with the principle: first comes – first process.
2. Units participating in the payment shall be
only entitled to cancel payment orders in the queue before the completion of
accounting entries; and low value payment orders that have not yet been
cleared. The implementation shall be in accordance with following order:
a) On receipt of a cancellation order of a
payment order from the initiating unit, the regional processing center shall
base on the diary to verify the validity of the cancellation order;
b) If it is a valid operation, the cancellation
order shall be transferred to the National processing center;
c) The National processing center shall check
the queue, if the operation is in the queue, the cancellation shall be
performed; Cancellation result shall be informed to the initiating unit. If the
operation is not in the queue, the system shall send the notice on the
development of the operation to the initiating unit.
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1. In respect of high value payment order:
a) To supplement funds from funds resources of
the members;
b) To supplement funds through operations on
monetary market;
c) To temporarily transfer that payment order to
the queue; and it shall be processed when sufficient money is provided;
d) The BOD makes overdraft payment or provides
loans for members in accordance with provisions of the State Bank;
e) At the end of working day, if respective
payment accounts have not yet been provided with sufficient money, high-value
payment orders retained in the queue line shall be automatically cancelled.
Members and member units shall carry out the inquiry service to verify the
development of these payment orders.
2. In respect of low value payment clearing
results:
a) Supplement funds from funds resources of the
members;
b) Supplement funds through operations on
monetary market;
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d) At the end of working day, if members who
lack funds, still fail to supplement sufficient money for payment of net
amounts payable, the BOD shall carry out the clearing payment lending in
accordance with provisions of the State Bank.
Article 32. Responsibility
for sharing the deficient amounts in the clearing settlement
1. Determination of responsibilities
When any member who lack payment fund, after
having carried out all solutions provided for in clause 6, Article 26 of this
Circular, still fails to have sufficient payment funds, the State Bank may
distribute this deficient amount to other members participating in clearing
settlement for sharing as a temporary loan. If any member who fails to bear the
distributed deficiency, the State Bank shall request the remaining members
participating in clearing settlement to take over the share in this outstanding
amount in form of temporary lending. The sharing rate of deficient amount of
funds to members participating in clearing settlement shall be based on the respective
valuable papers deposited by them in the BOD. In case of bankruptcy of the
member who lacks funds, all members who have taken part in sharing the
deficient amount of funds of this bankrupt member shall be entitled to enjoy
the payment of debts in accordance with provisions of applicable laws on the
bankruptcy of enterprises.
2. The share of deficiency in the clearing
settlement
a) On receipt of the notice on the distributed
amount for sharing the deficient amount, respective distributed members shall
send their distributed amount to the account "Deposit" in the BOD at
the time determined for payment;
b) On the basis of the notice on distributed
amounts, members participating in clearing settlement shall recalculate the
outstanding of clearing settlement including the money amount contributed to
the distributed deficient amount and send the amended notice on clearing
settlement to the BOD for the settlement in accordance with designated time.
3. The return of deficient amount
Any member lacking fund for the implementation
of clearing settlement shall refund on time the temporary loan in addition to
the interest that is determined in accordance with provisions on overnight
lending of the State Bank.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 33. Principles for
adjustment of errors in the IBP system
1. Ensuring the consistency of data between the
initiating unit, the receiving unit and the National processing center. Errors
shall be corrected at the place where they occur. To strictly forbid the
arbitrary correction of data, adjustment of errors in the IBP system.
2. When errors are discovered, measures for
adjustment shall be immediately taken to avoid the delay in the payment
process. The correction of errors shall comply with principles, methods of
error correction by accountants in general and regulations of the IBP system.
3. Any unit, individual, who causes errors or
violates principles, methods of error correction shall, depending on the
seriousness of errors, be subject to the punishment in accordance with
provisions and take full material responsibilities for errors that they cause
to related parties.
Article 34. The
cancellation and return of payment orders of members and member units
1. Principles
a. A payment order shall be only cancelled in
following cases:
- It has been prepared but has not yet been
transferred;
- It has been transferred but still in the queue
for payment.
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- Authorized debit payment order shall be
returned only when the initiating unit has not yet paid to customers under the
payment order or has paid, but then recovered this payment.
- Credit payment order shall be returned only
when the unit that has received the incoming payment order has not yet credited
to accounts of customers or credited, but customers have returned.
2. Documents on the cancellation and return of
payment orders:
a. Documents on the cancellation of a payment
order shall include:
- Cancellation order of a debit payment order:
which has the same effect as a credit payment order, made by the initiating
unit and sent to the receiving unit to cancel the debit payment order with
errors (refund entire money amount);
- Cancellation order of a credit payment order:
which is made by the initiating unit to cancel the credit payment order that
has not been transferred or has already been transferred but still in the queue
(has not been dealt with due to the lack of funds).
b. Documents on the return of a payment order shall
include:
- Request for the return of a payment order:
which is made by the initiating unit and sent to the receiving unit to request
for the return of credit payment order with errors and; is basis for making an
outgoing credit payment order of the receiving unit to repay to the initiating
unit but on the basis of the full recovery of amount that has been paid or
transferred by customers;
- Notice on the refusal of a request for the
return of a payment order: which is made by the receiving unit to refuse the
request for the return of a credit payment order because they fail to recover
money from customers.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 35. Dealing
with errors at the unit that initiates payment orders
1. The settlement of errors before transmission
of a payment order
a) If any error in the payment order is
discovered before the approver signs the electronic signature for sending, the
person making order shall base on original documents to correct it;
b) If any error in the payment order is
discovered after the approver has signed the electronic signature, a minutes on
the cancellation of the wrong payment order shall be made, which states clearly
the order code, time and date of cancellation order and is supported by
signatures of the approver, checker and person making order related to the
payment order with errors. The minutes shall be kept in a separate file for
preservation, and a correct payment order shall be prepared for sending.
2. The dealing with errors that are discovered
after transmission of payment order
When any error is discovered such as incorrect
amount of money (excessive or deficient), incorrect position of Credit and
Debit, the initiating unit shall make an immediately verification and inquiry
to the receiving unit to take timely measures for dealing. The initiating unit
shall make a minutes for defining reasons and personal responsibility clearly
and process as follows:
a) In case of deficiency:
Based on the minutes, the initiating unit shall
make a supplemental payment order of the deficient amount to send to the
receiving unit. The supplemental payment order must state clearly:
"supplemental transfer in accordance with debit (or credit) payment order
No. ......... dated .................. the amount that has been transferred
............." and accounting entries shall be made in accordance with the
guidance in Article 21 of this Circular.
b. In case of excess:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Based on the minutes to make a request for the
return of a credit payment order of the excessive amount, then immediately send
to the receiving unit together with making a transfer order and make following accounting
entries:
Debit: Account "Receivables"
(sub-account of individual causing errors)
Credit: Appropriate account
The excessive amount on the credit payment
order
To record it in "The book for monitoring
requests for the return of credit payment orders that have been
transferred".
On receipt of a credit payment order from the
receiving unit that repays the above-mentioned excessive money amount, the
initiating unit shall:
To record it out "The book for
monitoring requests for the return of credit payment orders that have been
transferred" and make following accounting entries:
Debit: Account "Collection,
payment in lieu of customers" or other appropriate internal payment
account (detailed account for payment to the Head office)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The money amount collected and returned by the
receiving unit
In case where the receiving unit refuses the
request for the return of the credit payment order for the above excessive
amount, because it fails to collect it from customer, the initiating unit shall
set up a settlement Committee in accordance with current provisions to
determine the responsibility and compensation of the individual who has caused
errors.
- In respect of an overvalued debit payment
order:
Based on the minutes to make a cancellation
order of debit payment order, then immediately send to the receiving unit to
cancel the excessive amount on the debit payment order, and make following
accounting entries:
Debit: Appropriate account (one of
following accounts):
+ “Other Receivables pending payment” (if not
yet paid to customers)
+ "Deposit of customers" (if already
paid to customers)
+ "Receivables" (if money has been paid
and the account "Deposit of customers" has not enough balance).
Credit: Account "Collection,
payment in lieu of customers" or other appropriate internal payment
account (detailed account for payment to the Head office).
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
In case where the payment has been made to
customer, but the balance of deposit account of the customer is not sufficient
to perform the order of cancellation of a debit payment order for the excessive
amount, the initiating unit shall record into the account
"Receivables" (account of individual causing errors), then take all
measures for collection of the excessive amount, if the collection fails, the
initiating unit shall define the responsibility for the compensation in
accordance with provisions of current regime.
On receipt of the notice on the money amount
transferred by the receiving unit, the initiating unit shall process and
account as follows:
Credit: Appropriate account (one of
following accounts):
+ "Other receivables pending payment"
(if not yet paid to customers)
+ "Deposit of customers" (if already
paid to customers)
+ "Receivables" (if money has been
paid and the account "Deposit of customer" has not enough balance)
Debit: Account "Collection,
payment in lieu of customers" or other appropriate internal payment
account (detailed account for payment to the Head office)
The excessive amount in the debit payment
order
c. In case of error in credit and debit
position:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The dealing with a credit payment order in
this case:
+ Which should have been credited and accounted:
Debit: Appropriate account;
Credit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office).
+ But has been debited and accounted:
Debit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office);
Credit: Appropriate account.
+ Now, it shall be adjusted by: making a
cancellation order of debit payment order to send to the receiving unit and
account:
Debit: Appropriate account
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Entire amount of money transferred wrongly
+ After that, making a correct credit payment
order for sending out.
- The dealing with a debit payment order in this
case:
+ Which should have been debited and accounted:
Debit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office)
Credit: Appropriate account
+ But has been credited and accounted:
Debit: Appropriate account
Credit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Debit: Account "Receivables"
(sub-account of individual causing errors)
Credit: Appropriate account
Entire amount of money transferred wrongly
+ After that, making a correct debit payment
order for sending out;
+ On receipt of the credit payment order from
the receiving unit to repay the amount transferred wrongly, the initiating unit
shall record to the account "Receivables" to settle the amount
transferred wrongly.
Article 36. Dealing
with errors at the unit that receives payment order
1. The dealing with payment order with errors
due to technical errors or payment orders that are discovered to be faked:
In these cases, the receiving unit shall not be
permitted to make accounting entries but verify with the sending unit; at the
same time inform the regional-processing center for coordination and taking
measures of solution.
2. In case where the value of a wrong payment
order lacks
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3. In case where the value of a wrong payment
order is excessive:
a. In case where the excessive value is discovered
before the accounting entry is made to the account of the customer: If the
receiving unit receives a notice of the inquiry from the initiating unit on the
excessive transfer of money before its receipt of the payment order, the
receiving unit shall record in the book for monitoring payment orders with
errors to take timely measures for settlement;
Upon its receipt of an incoming payment order,
the receiving unit shall verify, compare the notice it has received, if the
inquiry notified is confirmed to be sent by the sending unit, it shall process
as follows:
- In case of a credit payment order, following
accounting entries shall be made:
Debit: Account "Collection,
payment in lieu of customers or other appropriate internal payment account (detailed
account for payment to the Head office)
Credit: Account "Payables"
(detailed account)
Credit: Account of customer
The total amount
The excessive amount
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- In case of a debit payment order, the
following accounting entries shall be made:
Debit: Account of customer
Debit: Account "Receivables"
(detailed account)
Credit: Account "Collection,
payment in lieu of customers" or other appropriate internal payment
account (detailed account for payment to the Head office)
The exact amount
The excessive amount
The total transferred amount
Upon receiving a request for the return of a
credit payment order for the excessive amount (in case where the credit payment
order is excessive wrongly) or an order of cancellation of a debit payment
order for the excessive amount (in case where the debit payment order is
excessive wrongly) from the initiating unit, the receiving unit shall process
as follows:
- In respect of a credit payment order that is
excessive wrongly:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Debit: Account "Payables"
Credit: Account "Collection,
payment in lieu of customers" (detailed account for payment to the Head
office)
The excessive amount in the excessive-wrongly
credit payment order
- In respect of a debit payment order that is
wrong due to excess:
Based on the cancellation order of the debit
payment order to record:
Debit: Account "Collection,
payment in lieu of customers"
Credit: Account "Receivables"
The excessive amount in the wrong debit
payment
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- In respect of a credit payment order that
is wrong due to excess:
Upon receiving a request for the return of the credit
payment order for the excessive amount transferred by the initiating unit, if
it is correct after control, the receiving unit shall process as follows:
+ In case where the balance in customers'
account is sufficient: Based on the request for the return of credit payment
order, the receiving unit shall make an out-going credit payment order to
return the excessive amount to the initiating unit:
Debit: Account "Deposit of
customer"
Credit: Account "Collection,
payment in lieu of customers" or other appropriate internal payment
account (detailed account for payment to the Head office)
The excessive amount payable to the initiating
unit
+ In case where the balance in customers'
account is not sufficient to collect, the receiving unit shall record it in the
book for monitoring the unperformed request for the return of credit payment
order and request customers to deposit money to their account to perform this
request for return. When the required deposit is sufficiently made, accountant
shall record putting this request from the return monitoring book and make a
credit payment order for sending to the initiating unit and make accounting
entries as guided above;
+ In case where a customer can not make payment
or it is impossible to identify a customer, the receiving unit shall cooperate
with local government and law protecting agencies such as Police, Court, etc,
to take any measure for the collection of amounts. If the collection fails to
proceed or fully succeed, the receiving unit may refuse the acceptance of
request for the return of credit payment order by making a notice on the
refusal of the request for the return of the credit payment order and stating
clearly the reasons thereof and transfer the collected funds (if any) to the
initiating unit and record putting the unperformed request for the return of
the credit payment order from the book.
4. The adjustment of other errors
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a. For credit (debit) payment orders that the
receiving unit has received, but has not yet made accounting entries, shall be
accounted to the account "Payables (receivables)", then a payment
order shall be made to return to the initiating unit. The continuous transfer
of money is strictly forbidden.
b. For performed payment orders, the receiving
unit shall process as similarly as stated in Point b, clause 3, of this
Article.
Article 37. The
cancellation and return of payment order upon customers' request
1. The processing at the initiating unit:
Upon receipt of a request for the return of a
credit payment order or a cancellation order of a debit payment order of
customer, the initiating unit shall verify the validity of these vouchers and compare
with the payment order that is going to be cancelled. If they are invalid, unit
shall return them to customer. If they are valid, unit shall process as
follows:
a. In case of a payment order that has not yet
been performed or sent: it shall be processed in accordance with procedures for
the cancellation of payment orders, the initiating unit shall send its
customers a notice on the acceptance of the cancellation order and not perform
that payment order (not performing any accounting entry);
b. In case of a payment order that has been
performed and sent but still retained in the queue at the National processing
center (because the payment account has not been provided with sufficient
money), it shall be processed in accordance with cancellation procedures
(accounted) of the payment order:
- In respect of a cancellation order of a credit
payment order:
+ Based on the valid request for the
cancellation of customers, accountant of money transfer shall supplement
essential elements of the cancellation order in accordance with applicable
provisions (Form No. TTLNH-05) and sign his electronic signature in the
cancellation order;
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+ The initiating unit shall record it in the
book for monitoring cancellation orders of credit payment orders that have been
sent (not accounting in balance sheet).
The National processing center shall send the
initiating unit a notice on the implementing result of the request for
cancellation. The initiating unit shall print and verify information stated in
the notice, if the cancellation is successful, both person making order and
approver shall sign for confirmation in the notice and perform following
accounting entries:
Debit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office);
Credit: Appropriate account of customers
(that has been deducted for previous transfer).
If the cancellation is not successful (because
the payment order has not been retained in the queue), the initiating unit
shall process in accordance with procedures for the return request as guided in
Point c, clause 1 of this Article.
- In respect of an order of cancellation of an
authorised debit payment order:
Based on the cancellation order, the initiating
unit shall deduct the amount of money from account of customers that has been
credited before to transfer to the receiving unit:
Debit: Following appropriate accounts:
- "Other receivables pending payment"
(in case where customers have not yet been paid);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Credit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office).
c. If the payment order has been dealt with and
sent, the National processing center has made accounting entries, the
initiating unit shall make a request for the return of the payment order and:
- In respect of a request for the return of a
credit payment order:
+ Based on the valid request for the
cancellation of customers, the person making order shall supplement essential
elements of the request for the return in accordance with applicable provisions
(Form No. TTLNH-06) and sign his electronic signature in the return request.
+ The approver shall control again elements of
newly made request for the return and the request for cancellation of customers
to ensure the accuracy and correctness. If everything is correct, the approver
shall sign his electronic signature in the return request for sending to the
receiving unit;
+ The initiating unit shall record it in the
book for monitoring requests for the return of credit payment orders that have
been sent (not accounting in balance sheet);
+ Upon receipt of sufficient money amount (of
the cancelled credit payment order) returned by the receiving unit, the
initiating unit shall account and repay to customers. Based on the credit
payment order of the receiving unit, it shall record to put this credit payment
order out the book for monitoring requests for the return of sent credit
payment orders and perform following accounting entries:
Debit: Account "Collection, payment
in lieu of customers or other appropriate internal payment account (detailed
account for payment to the Head office).
Credit: Appropriate account of customers
(that has been deducted for previous transfer)
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Based on the cancellation order, the drawing
unit shall deduct an amount of money from account of customers that has been
credited previously in order to transfer to the receiving unit:
Debit: following appropriate accounts:
- “Other receivables pending payment” (in case
where customers have not yet been paid);
- “Deposit of transfer unit” (in case where
customers have been paid).
Credit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office).
2. The processing at the receiving unit:
Upon receipt of a request for the return (in
respect of a credit payment order), or a cancellation order (in respect of a
debit payment order) from the initiating unit, the receiving unit shall verify
the validity of the return request (or cancellation order) and collate them
with the received payment order and settle in accordance with procedures for
the return.
a. If any error in the request for the return is
discovered, the receiving unit shall make a notice on the refusal of the
request for the return of the credit payment order (stating clearly the reasons
for the refusal) to return to the initiating unit (not performing any
accounting entry);
- If the cancellation order has any error, the
receiving unit shall settle it as in the case of an incoming credit payment
order with errors.
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* In respect of cancellation or return of an
incoming payment order that has not yet been performed:
The receiving unit shall immediately send a
notice on the acceptance of the return request or cancellation order to the
initiating unit and settle as follows:
- In case of cancellation of an incoming credit
payment order:
+ Based on the incoming credit payment order (cancelled
credit payment order), following accounting entries shall be made:
Debit: Account "Collection,
payment in lieu of customers" or other appropriate internal payment
account (detailed account for payment to the Head office)
Credit: Account "Receivables"
The money amount stated in the cancelled
credit payment order
+ Based on the request for cancellation to make
an outgoing credit payment order for return to the initiating unit, and make
following accounting entries:
Debit: Account "Payables"
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The money amount stated in the credit payment
order to be returned to the initiating unit
- In case of cancellation of an incoming debit
payment order:
+ Based on the incoming debit payment order (the
cancelled debit payment order), to make following accounting entries:
Debit: Account "Receivables";
Credit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office).
+ Concurrently, based on the incoming
cancellation order to account:
Debit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office);
Credit: Account "Payables".
* In respect of the cancellation of a payment
order that has been performed:
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+ If the incoming credit payment order has been
performed, the receiving unit shall immediately send the request for the return
to customer for notice. Only in case where the customer accepts (in writing) or
pay cash, and make a payment voucher to deduct his account for refund, the
receiving unit can implement the request for the return, and perform following
accounting entries:
Debit: Appropriate account (that has been
credited in accordance with the cancelled credit payment order);
Credit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office).
And then, the receiving unit shall send the
notice on the acceptance of the request for return to customer and the initiating
unit for knowledge.
+ In respect of the return request that is not
accepted for refund by customer, the receiving unit shall make a notice on the
refusal of the request for the return, stating clearly the reasons and send to
the initiating unit (not accounting in balance sheet).
- In respect of an incoming cancellation order
of a debit payment order:
Based on the incoming cancellation order, the
receiving unit shall account:
Debit: Account "Collection, payment
in lieu of customers" or other appropriate internal payment account
(detailed account for payment to the Head office);
Credit: Appropriate account (that has
been debited before).
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If the request for cancellation of a credit
payment order or a debit payment order attached to a correct payment order for
replacing the cancelled payment order, the receiving unit shall open a book for
strictly monitoring payment orders to avoid making twice payment to customers.
Article 38. Verification
and response to the verification
In case where several elements in the payment
order are discovered to be inaccurate (except for such elements as: bank code,
the nature of debit and credit, implementing date, amount of money, type of
payment), the settlement shall be made as follows:
1. Unit that sends payment order must make
verification to correct information or the receiving unit shall make
verification to request the sending member to correct information.
2. Procedures for the settlement of verifying
message include:
a) Making message
- The person making order imports data;
- The approver shall control and sign his
electronic signature;
- Sending message to the regional processing
center; printing the content of the message and both two persons sign in the
printed message.
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- The approver shall check electronic signature;
- Both the person making order and approver shall
sign in the printed message.
3. Preservation of verifying documents and
response to the verification
Documents on verifying and response to the
verification with sufficient signatures shall be kept with the original
transfer order and be the basis for making payment to customers.
Article 39. Dealing with
technical errors in the IBP system
1. Common errors
a. In case where hardware, software, database
and communication line occur errors, operations cannot be implemented due to
errors of terminal access device, the notification of errors shall be performed
as follows:
- Errors occurring at members and member units:
they shall be informed to the regional processing center and National
processing center;
- Errors occurring at the regional processing
center: they shall be informed to the National processing center, relevant
members and member units;
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- Errors occurring at the State bank’s branches
of provinces, cities: they shall be informed to the national processing center
and regional processing center connecting.
b. Mode of notice transmission: through computer
network, by fax or telephone;
c. Members, member units and regional processing
centers shall be responsible to report and promptly settle occurring errors
within the scope of their management; and coordinately settle other arising
errors of the IBP system upon request.
2. Irresistible errors
Irresistible error is the error arising from
events beyond the control scope of the person who manages, conducts the IBP
system and unpredictable. The settlement shall be performed as follows:
a) Reporting to the executive committee of the
system on the development of irresistible errors;
b) The executive committee shall consider and
make decision on solution. If it is necessary to use the backup system, the
executive committee shall decide on the time for moving to the backup system
and make notification as follows:
- Moving to the backup National processing
center: regional processing centers; members and member units shall be
informed;
- Moving to backup regional processing center:
other regional processing centers and units under the management of the
regional processing center that is subject to this movement shall be informed.
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d. Methods, contents of copy and preservation of
data for backup system must comply with procedures as provided for in operating
process of inter-bank electronic payment system.
3. The settlement of cases that cannot send or
receive payment orders due to technical breakdown or failure of information
transmission
a) In respect of an outgoing payment order
- When payment order has been sent, but member
units have not yet received the confirmation from the regional processing
center due to technical breakdowns, they shall implement as follows:
+ Making inquiry to accurately update the current
status of the payment order at the regional processing center.
+ Payment orders that have not yet been
completely performed after making inquiry shall be settled as follows:
* Re-sending unfinished payment order to
complete the transfer of money.
* After re-sending, if the payment order still
can not be completely performed, member units shall make the cancellation order
(in the queue) of payment order. Based on the result of successful cancellation
sent by the regional-processing center, the person making order and the
approver shall sign for confirmation and preserve this result in the paper.
After the success of the cancellation and completion of necessary procedures,
member units may make another payment order with new accounting entries for replacing
the order that has been cancelled before or for repaying to customers.
* In case where the re-sent payment order is
still unsuccessful and can not be cancelled, member units shall make the
minutes to record above breakdowns. Based on the collating result of orders
transferred at the end of the day and the result of the coordination in
settlement between member units and the National processing center, member
units shall decide on keeping or remain accounted entries or repay money or
make new payment order for customers.
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b. In respect of incoming payment order
- In case where some technical breakdowns make
the decryption and the receipt of file of incoming payment orders impossible,
member units shall request the National processing center to change the status
of file and go on the receipt, decryption, reexamination and the print of
incoming payment orders.
c. In case of occuring technical breakdowns on
the outgoing payment orders or incoming payment orders, member units shall
verify, collate carefully to avoid the sending many times (for the outgoing
payment order) or excessive accounting (for the incoming payment order)
d. The breakdown that makes the connection to
the regional processing center or the State bank’s branches in provinces,
cities impossible:
- In case of breakdowns of computer, modem,
telephone, etc, which make member units unable to connect to the regional
processing center or the State bank’s branches in provinces, cities to get the
confirmation, collating result and other information. Member units shall inform
the standing executive committee through other means (Fax, telephone, etc) on
those breakdowns. In respect of incomplete payment orders, member units shall
make payment to customers only when above breakdowns are overcome and the last
status of payment orders is confirmed.
e) In respect of some other special technical
breakdowns:
- The system may meet some other special
technical breakdowns, in each specific case, the executive committee shall
consider and make decision on suitable technical measures for solution.
SECTION VII. REPORT AND
DEALING WITH REPORTS
Article 40: Daily reports
at the Operation Center of the State Bank
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After the completion of collation of daily money
transfer, the BOD shall make (create) a report on daily payment of entire IBP
system in form of electronic voucher, including following types:
a. Operation consolidation under each member
unit (Form No. TTLNH-10);
b. Operation consolidation under the member
(Form No. TTLNH-11);
c. Balance-sheet of money transfer (Form No.
TTLNH-12);
d. Accounting statement (Form No. TTLNH-13);
dd. Consolidation of actualization results (Form
No. TTLNH-14);
e. Consolidation of accounting results (Form No.
TTLNH-15).
2. Dealing with reports:
a) Payment controller of the BOD must control
again the report on daily money transfer (including electronic and paper
voucher) and verify balances in accordance with applicable provisions to ensure
the accuracy and correctness of report making steps and data reflected in
forms;
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- For paper voucher: All reporting forms (with
sufficient signatures and seal) shall be archived under applicable provisions
on paper voucher;
- For electronic voucher: Daily report on money
transfer of entire IBP system shall be archived under applicable provisions on
electronic voucher.
Article 41. The preparation
and processing of reports at member units participating in the IBP system
1. In respect of member units
a) Report on outgoing money transfer (Form No.
TTLNH-16);
b) Report on incoming money transfer (Form No.
TTLNH-17);
c) Collation of outgoing money transfer (Form
No. TTLNH-18);
d) Collation of incoming money transfer (Form
No. TTLNH-19);
e) Payment statement result of member unit (Form
No. TTLNH-20).
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a. Control
- Debit (Credit) turnover in Form No. TTLNH-16
must be equal to that in Form No. TTLNH-18;
- Debit (Credit) turnover in Form No. TTLNH-17
must be equal to that in Form No. TTLNH-19;
- The difference between collating results in
Form No. TTLNH-18 and TTLNH-19 must be zero.
b. The settlement of reports with errors
In the event of errors, member units shall
contact with the National processing center for coordination and processing.
3. The preparation of reports at Head office of
members:
a. Report on outgoing money transfer (Form No.
TTLNH-16);
b. Report on incoming money transfer (Form No.
TTLNH-17);
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d. Collation of incoming money transfer (Form
No. TTLNH-19);
dd. Payment result of member unit (Form No.
TTLNH-20);
g. Payment result of member (Form No. TTLNH-21).
4. Reports on daily electronic money transfer of
both Head office and member units shall, after being used for collation and
consolidation of reports, be archived in accordance with current provisions.
Article 42: Monthly Reports
Units shall make monthly report in accordance
with provisions on current regime of reporting and information of the State
Bank.
SECTION VIII. CONDITIONS OF
AND PROCEDURES FOR PARTICIPATION IN THE IBP SYSTEM
Article 43: Membership
conditions
1. All members participating in the IBP system
must be organizations supplying payment services and comply with following
conditions:
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b) Maintaining the balance of payment account to
secure the performance of the payment orders and clearing settlement through
the IBP system;
c) Setting up, maintain and manage net debit
limit in case participating in low-value payment service;
d) Registering name, position, sample signature
and contact address of officers who are assigned or authorized to perform the
IBP of their unit;
e) Registering terminal access device, communicative
channel and possessing electronic signature issued by the Department of
Informatics and Technology.
2. Units of the State Bank system shall only be
required to comply with points d, e clause 1 of this Article.
Article 44: Member unit
conditions
Member units participating in IBP System must
comply with the following conditions:
1. Having the consent of the member directly
managing it;
2. Registering name, position, sample
signature and contact address of officers who are assigned or authorized to
perform the IBP of unit;
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Article 45. Procedures
for the participation in and withdrawal from the IBP system
1. Payment services suppliers wishing to
participate in the IBP system shall submit a dossier (Form No. TTLNH-01) to the
Executive Committee of the IBP system. If being accepted, such dossier shall be
entitled to perform high-value payment service.
2. Members wishing to participate in low-value
payment service must have:
- Registration for use of low-value payment
service (Form No. TTLNH-01);
- A BOD’s written confirmation on having set up
the net debt limit.
3. Members wishing to participate in debt
payment service must have:
- Registration for use of debt payment service
(Form No. TTLNH-01);
- A contract of authorization made prior for
debt payment among members. The contract must include the following elements:
+ The daily maximum limit used for debt payment
among members;
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+ The effect time limit of contract.
4. In case organizations attached member wishing
to become member units of the IBP system, that member shall register list of
units participating in system (Form No. TTLNH-03) and send it to the Executive
Committee. If being accepted, such member unit shall be enjoyed rights to
perform high-value payment and low-value payment services, authorized debt
payment of member that it belongs to.
5. Members and member units wishing to withdraw
from the IBP system shall submit an application for the withdrawal from the
system to the Executive Committee of the IBP system 30 days prior to the planed
date of the withdrawal from the IBP system (Form No. TTLNH-02).
6. Dossier of participation in or withdrawal
from the system, registration for service use, may be sent via post to the
State bank (the Executive Committee of the IBP system) or directly file at
office of the State bank.
7. Within 30 working days, after receiving full
and valid dossier, the Executive Committee of the IBP system shall inform the
result of dossier processing to members and member units that apply for the
participation in (or withdrawal from) the system and all members participating
in the IBP system via post or computer network of the State bank.
Upon receipt of the notice from the Executive
Board on the acceptance of the application for the withdrawal from the system,
members and member units shall stop the participation in the IBP system at the
time stipulated by the Executive Board.
Article 46. Head office of
Members
1. To manage payment and settlement activities,
net debt limits of the IBP system within the scope of their management.
2. To receive and process electronic data from
the National processing center by the end of working day. The content of data
includes:
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b. Accounted amount receivable (payable) of each
member unit, through this data, the Head office shall account and settle
accounts "Collection, payment in lieu of member units".
c. The detailed description of each incoming and
outgoing payment order of all member units in the IBP system.
Article 47. Rights and
obligations of members and member units
1. Members and member units shall have right:
a) To use all payment services that they are
permitted to perform and supplied by the IBP system.
b) To request the National processing center to
give the confirmation on its receipt of payment order sent by them and to
supply information relating to the implementation of that payment order;
c) To request the National Processing Center to
cancel the payment order in accordance with provisions stated in this Circular;
d) To directly complain about members who cause
errors, lateness in the implementation of payment order with a compensation
level limited within the amount of money to be transferred and fine for the
delay in payment in accordance with current regime.
e) To request units receiving orders to accept
the compensation order for the lateness in the payment of debit transfers with
valid authorization. The compensation level shall be limited within the amount
to be transferred and fine for the delay in payment in accordance with
provisions of current regime.
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a) To comply with provisions on the preparation
and sending of payment order through the IBP system and to be responsible for
the accuracy of data and contents relating to that payment order.
b) To coordinate with the National processing
center, the regional processing center, other members and member units to deal
with errors arising during the operating process of the IBP system and movement
to the backup system;
c) In case where the initiating unit violates
provisions on the preparation, sending of payment order or data, contents in
payment order are not correct leading to the lateness in the payment, the loss
of money and causing other material damages, that unit shall be responsible for
the damages caused by their fault;
d) To comply with provisions on charges and
charge management in the IBP in accordance with Article 8 of this Circular;
dd) Not to reveal or provide information taken
through the IBP system to any subject who has no relevant responsibility;
e) To take responsibility for sharing deficient
amounts with other members in case where any member suffers from the lack of
capital for the clearing settlement.
SECTION IX. THE MANAGEMENT OF
IBP SYSTEM
Article 48. The
Executive Committee of the IBP system
1. The Governor of State Bank shall decide on
establishment of the Executive Committee of the IBP system with following
members: Committee Head and Representatives of Heads of several units at the
Head office of the State Bank and Commercial Bank.
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Article 49. The Operation
Department of the SBV (BOD)
1. To implement functions of the regional
processing center
To associate with the National processing center
to carry out procedures of high value and low value payments between
headquarters of members.
2. Supervision and management of payment
accounts.
a) The supervision and management of payment
account balance of members:
- Every day, at the commencement of a working
day, the BOD shall determine the balance of payment account of members to
perform payment activities during a day of units;
- To settle arising money transfers of member
units in case where their capital are in need of supplement;
- To update (at the end of the day) and
synchronize payment accounts in the accounting system of the BOD.
- To update information on the development of
payments accounts.
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- The balance of payment accounts;
- The development of requests for the transfer
of money;
- File of money transfer operations that have been
settled;
- The development of requests for clearing
settlement;
- The development of requests for the settlement
pending treatment in the queue;
- The development of cancelled requests for the
settlement.
3. Managing the clearing settlement
a) To monitor, control the maintenance of net
debt limit of members under provisions of the State Bank;
b) To monitor, calculate and maintain the limit
for payments that do not use the limit;
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d) To supervise the clearing settlement in
accordance with provisions stated in Article 29 of this Circular.
4. To implement functions of a member
participating in the IBP system.
To fully comply with provisions of a member
participating in the IBP system.
Article 50: The Department
of Finance and Accounting
1. To manage the accounting of payments by
transfer through the IBP system of the units of SBV
a) To control and collate the accounting and
payment data of the transfers between units of SBV;
b) To consolidate the daily, monthly accounting
data of transfers of units of SBV;
c) To make yearly settlement of payments by
transfer among units of SBV in accordance with regulation.
2. To implement functions of a member
participating in the IBP system
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Article 51. The Payment
Department
To monitor the control and collation of the IBP
system.
Article 52. The Informatic
and Technology Department
1. To manage, operate the National Processing Center,
Backup National Processing Center.
2. To cooperate with units: the State Bank’s
Branches in Hanoi, Ho Chi Minh, Da Nang, Hai Phong, Can Tho cities and the
Operation Department in management, operation of regional processing centers.
Article 53. The State
Bank’s Branches in provinces and cities
1. To request the National Processing Center and
regional processing center to give the confirmation on receipt of payment
orders sent by them and to supply information relating to the implementation of
those payment orders;
2. To cooperate to connect member units in area
to participate in the IBP system;
3. To ensure the technical conditions in their
management area for the smoothly operation of IBP system.
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SECTION X. DISPUTE AND
DISPUTE SETTLEMENT
Article 54. The settlement
of disputes arising due to breakdown of the IBP system
1. Settlement of disputes among members.
a) When disputes occur, participating members
shall solve by conciliation measure on the basis of mutual belief;
b) In case where disputes cannot be resolved
through mutual conciliation, parties may request the executive committee of the
IBP system to resolve. Upon the consideration of files submitted by parties,
the executive committee shall give out measure for the settlement or hold a
meeting among parties involved in the disputes to listen to opinions of parties
before giving out measure for the settlement;
c) In case where parties do not satisfy with
settlement measure of the executive committee, they may request for the
solution in accordance with provisions of applicable laws.
2. Settlement of disputes with customers
When any dispute with customers arises, the
involved parties shall be responsible for providing, exchanging data with each
other and report to competent authorities for solution.
Article 55. Procedures and
time for complaint and dispute settlement
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2. In case where disputing parties request the
executive committee to resolve, they must submit an application for
conciliation attached with necessary data to the executive committee. On
receipt of request for the dispute reconciliation from relevant members and
through the verification of received data, the executive committee shall carry
out the dispute conciliation on the basis of satisfactory, appropriate analysis
and settlement between parties. Within 15 days, after getting the opinion of
the executive committee, relevant members shall be responsible for the
implementation of this opinion.
3. In case where dispute is solved by an economic
Court, disputing parties shall comply with sufficient procedures as provided
for by applicable laws.
SECTION XI: VIOLATIONS AND
DEALING WITH VIOLATIONS
Article 56. Acts of
violation
1. Operations occur many times in the queue of the
National processing center due to inappropriate supervision of the balance of
payment accounts or improper management payments;
2. To leak or disclose information which are
indissoluble relating to the IBP system;
3. To assign unauthorized person to prepare,
transmit transactions through the IBP system;
4. To intentionally delay procedures for the
return of payments which have been performed with errors;
5. To transfer money into account of receiver
after stipulated time;
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7. Not to comply with the timely pledge of
vouchers at request of the State bank;
8. To obstruct the operation of the IBP system
due to the violation of Regulations and Circulars of the State Bank.
Article 57. Dealing
with violations
Any act of violation of this Circular shall,
depending on the nature, seriousness, be subject to administrative punishment
in accordance with law on administrative punishment in banking area or be
prosecuted for criminal liability and be responsible for material compensation
for damages caused by them in accordance with provisions of applicable laws.
SECTION XII. IMPLEMENTING
PROVISIONS
Article 58: Effect
This Circular takes effect on January 01, 2011
and replaces the following documents:
- The Decision No. 309/2002/QD-NHNN dated
9/4/2002 of the Governor of SBV on the regulations of inter-bank electronic
payment;
- The Decision No. 349/2002/QD-NHNN dated
17/4/2002 of the Governor of SBV on the regulations of the setting up,
issuance, management and use of secrecy code in the inter-bank electronic
payment system building;
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- The Decision No. 1014/2005/QD-NHNN dated
11/7/2005 of the Governor of SBV on the amendment, supplement of several
articles of the technical process of electronic money transfer operation in the
state bank system issued in conjunction with the Decision No. 134/2000/QD-NHNN2
dated 18/04/2000 by the Governor of the state bank;
- The Decision No. 33/2006/QD-NHNN dated
28/07/2006 of the Governor of the state bank of Vietnam on the amendment,
supplement of Article 13 of the Regulation on inter-bank electronic payment
issued in conjunction with the Decision No. 309/2002/QD-NHNN dated 09/4/2002 of
the Governor of the state bank;
- The Decision No. 34/2006/QD-NHNN dated
28/7/2006 of the Governor of the State Bank on the amendment, supplement of
clause 1, article 1 of the Decision No. 1014/2005/QD-NHNN dated 11/7/2005 of
the Governor of the state bank on the amendment, supplement of several articles
of the technical process of electronic money transfer operation in the state
bank system issued in conjunction with the Decision No.134/2000/QD-NHNN2 dated
18/4/2000 by the Governor of the state bank.
Article 59: Implementation
organization
1. The Payment Department shall guide
professional operations relating to the IBP System.
2. The Department of Finance and Accounting
shall guide the detail accounting at units of SBV participating in the IBP
system.
3. The Department of Informatics and Technology
shall guide and check implementation of the technical Process of the IBP system
operation.
4. Chief of office, and heads of units of the SBV,
Directors of the SBV’s branches in provinces and centrally-run cities, General
Directors (Directors) of members shall be responsible for implementing this
Circular.
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FOR THE
GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Nguyen Toan Thang