CIRCULAR

AMENDMENTS TO CIRCULAR NO. 26/2013/TT-NHNN DATED DECEMBER 5, 2013 OF STATE BANK OF VIETNAM ON SCHEDULE FOR PAYMENT SERVICES MADE VIA STATE BANK OF VIETNAM

Pursuant to the Law on State Bank of Vietnam dated June 16, 2010;

Pursuant to Law on Credit Institutions dated June 16, 2010 and Law on amendments to a number of Articles of the Law on Credit Institutions dated November 20, 2017;

Pursuant to Decree No. 101/2012/ND-CP dated November 22, 2012 of the Government on non-cash payments; Decree No.80/2016/ND-CP dated July 1, 2016 of the Government on amendments to Decree No. 101/2012/ND-CP dated November 22, 2012 of the Government on non-cash payments;;

Pursuant to Decree No. 16/2017/ND-CP dated February 17, 2017 of the Government on functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

At request of Director General of Payment Department;

The Governor of State Bank of Vietnam promulgates Circular on amendments to Circular No. 26/2013/TT-NHNN dated December 5, 2013 of State Bank of Vietnam on schedule for payment services made via State Bank of Vietnam (hereinafter referred to as Circular No. 26/2013/TT-NHNN”).

Article 1. Amendments to Circular No. 26/2013/TT-NHNN are as follows:

1. Add Article 1b as follows:

 “Article 1b. Maintenance fees for checking accounts making payments in foreign currency

1. State Bank of Vietnam shall collect maintenance fees for checking accounts making payments in foreign currency of State Treasury, credit institutions, branches of foreign banks at Transaction Department of State Bank of Vietnam. Maintenance fees for checking accounts making payments in foreign currency shall depend on actual balance amount, number of days the balance amount is maintained and conversion rate in form of %/year. The fees shall be decided by Governor of State Bank from time to time.

2. Collection of maintenance fees for checking accounts making payments in foreign currency shall be implemented as follows:

a) On a monthly basis, Transaction Department shall calculate and collect maintenance fees for checking accounts making payments in foreign currency of State Treasury, credit institutions, branches of foreign banks as stated under Point b of this Clause.

b) Amount of monthly fees to be collected shall be calculated using following formula:

- Total monthly fees to be collected shall equal total daily fees in a month.

- Daily fees to be collected shall be calculated using following formula:

In which: (i) Actual balance refers to deposit balance at the beginning of the day in checking accounts making payments in foreign currency of State Treasury, credit institutions, branches of foreign banks at Transaction Department of State Bank of Vietnam throughout the month for which maintenance fee is calculated; (ii) Maintenance fees for checking accounts making payments in foreign currency according to Decisions of Governor of State Bank from time to time.”.

2. Amend Article 2 as follows:

 “Article 2. On a monthly basis, branches of State Bank of Vietnam in provinces and central-affiliated cities and Transaction Departments of State Bank of Vietnam shall employ Schedules from Annex 1 to Annex 7 and Annexes 9, 10 and 11 attached to this Circular to calculate, collect fees for payment services and consolidate figures on fees for payment services using forms under Annex 8 and 12 attached to this Circular.  

For maintenance fees for checking accounts making payments in foreign currency specified under Article 1b of this Circular and fees for international payment services under Section IV of Schedule for fees for payment services made via State Bank of Vietnam attached to this Circular, in case balance of checking accounts making payments in foreign currency of fee payers at State Bank of Vietnam is insufficient to record debt and collect the fees, Transaction Departments shall convert the collectable fees into VND according to conversion rate on the date of collecting fees and record debt to the checking accounts of fee payers in form of VND to collect fees.”. 

3. Amend Section IV “Fees for international payment services” under Schedule for fees for payment services made via State Bank of Vietnam attached to Circular No. 26/2013/TT-NHNN as follows:

IV. Fees for international payment services:

Article 2.

1. Replace Annex No. 8 attached to Circular No. 33/2018/TT-NHNN dated December 21, 2018 of State Bank of Vietnam on amendments to Circular No. 26/2013/TT-NHNN with Annex No. 8 attached to this Circular.

2. Add Annexes No. 9, 10, 11, and 12 to this Circular.

Article 3. Implementation responsibilities

1. Payment Department shall request Governor of State Bank of Vietnam to issue Decision on maintenance fees for checking accounts making payments in foreign currency at State Bank of Vietnam.

2. Transaction Department of State Bank of Vietnam shall cooperate with Financial Policy Department and authorities in conducting research and proposing maintenance fees for checking accounts making payments in foreign currency and send to Payment Department for presentation to Governor of State Bank of Vietnam for issuance of Decision on maintenance fees for checking accounts making payments in foreign currency at State Bank of Vietnam.

3. Department of Information and Technology shall develop software for calculating and collecting deposit balance in checking accounts making payments in foreign currency and fees for international payment services of branches of State Bank of Vietnam of provinces and central-affiliated cities and Transaction Department of State Bank of Vietnam according to this Circular.

4. Department of Finance and Accounting shall guide accounting for collection of maintenance fees for checking accounts making payments in foreign currency and fees for international payments of branches of State Bank of Vietnam of provinces and central-affiliated cities and Transaction Department of State Bank of Vietnam.

5. Chief of Office, Director of Payment Department, Director of Monetary Policy Department, Director of Transaction Department, General Director of Department of Information and Technology, heads of entities affiliated to State Bank of Vietnam; Directors of branches of State Bank of Vietnam in provinces and central-affiliated cities; credit institutions, branches of foreign banks, State Treasury and other organizations utilizing payment services via State Bank of Vietnam are responsible for implementing this Circular . 

Article 4. Implementation clause

1. Annul Clause 1 Article 1 of Circular No. 33/2018/TT-NHNN dated December 21, 2018 of the State bank of Vietnam on amendments to Circular No.26/2013/TT-NHNN.

2. This Circular comes into force from February 1, 2021.

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