THE STATE BANK OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 30/2016/TT-NHNN | Hanoi, October 14, 2016 |
CIRCULAR
ON AMENDMENTS TO CIRCULARS ON PROVISION OF PAYMENT SERVICES AND INTERMEDIARY PAYMENT SERVICES
Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No. 47/2010/QH12 dated June 16, 2010;
Pursuant to the Law on negotiable instruments No. 49/2005/QH11 dated November 29, 2005;
Pursuant to Government's Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash payments; Decree No. 80/2016/ND-CP dated July 1, 2016 on amendments to Government's Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash payments;
Pursuant to the Government's Decree No. 156/2013/ND-CP dated November 11, 2013 defining the functions, tasks, entitlements and organizational structure of the State bank of Vietnam;
At the request of the Director of the Payment Department;
The Governor of the State bank of Vietnam promulgates a Circular on amendments to Circulars on provision of payment services and intermediary payment services.
Article 1. Amendments to Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State bank of Vietnam on bank card operations.
1. Clause 2 of Article 10 shall be amended as follows:
“2. Before a new card model is issued or the current card model is changed, the card issuer must register such card with the State Bank using the Form in the Appendix issued herewith.”
2. Point n Clause 1 of Article 13 shall be amended as follows:
“n) Methods of receiving trace requests, complaints; time limit for processing trace requests, complaints, and results thereof in accordance with Article 20 of this Circular;”
3. Point o Clause 1 shall be added to of Article 13 as follows:
“o) Force majeure events.”
4. Point a Clause 1 of Article 18 shall be amended as follows:
“a) Take self responsibility in risk management upon their issuance of cards registered;|
5. Clause 2 of Article 20 shall be amended as follows:
“2. The card issuer shall provide specific regulations on the time limit for a trace request provided that it is at least 60 days from the date on which the transaction for which the trace request is made proceeds.”
6. Clauses 2a, 2b, and 2c shall be added to Article 20 as follows:
“2a. The card issuer must apply at least two methods of receipt of trace requests and complaints from the cardholders, including via telephone exchange (with recording and round-the-clock operation) and through the card issuer’s offices that ensures the basic information that the cardholder has provided for the card issuer.
2b. Upon the request for card locking by a cardholder who doubts fraud or loss related to the bank card, the card issuer shall lock the card and bear all financial losses incurred by the cardholder upon the bank usage after the locking time.
2c. The card issuer shall make the form of trace request or complaint to be used by cardholders. In case of receiving information via telephone exchange, the card issuer shall require the cardholder to provide a trace request or complaint using the above-mentioned form within a given time specified by the card issuer that serves as the official basis or the trace request or complaint. In the case where another person is authorized to make the trace request or complaint, the cardholder shall comply with law on authorization.”
7. Clause 3 of Article 20 shall be amended as follows:
“3. The card issuer must process the trace request or complaint made by the cardholder and reply within a given time specified as follows:
a) Regarding bank cards whose BINs are issued by the State Bank, the time limit for processing the trace request or complaint shall be specified in the agreement on card issuance and usage provided that it does not exceed 45 working days from the receipt of initial trace request or complaint according to one of the methods of receipt prescribed in Point 2a of this Article;
b) Regarding bank cards whose BINs are issued by international card associations, the time limit for processing the trace request or complaint shall be specified in the agreement on card issuance and usage.”
8. Clauses 3a and 3b shall be added to Article 20 as follows:
“3a. Processing results of trace requests and complaints:
a) Within 05 working days from the notification of results of trace requests and complaints, the card issuer shall reimburse, upon agreement or in accordance with applicable law provisions, damage incurring through no fault of the cardholder and/or not due to force majeure events agreed upon in the agreement. In case of losses incurred by faults of relevant parties (acquirer, switching company, international card association, or merchant), the party at fault shall reimburse the card issuer for any loss according to their agreement in accordance with regulations of law;
b) If it fails to determine reasons or which party at fault while the deadline for trace requests or complaints agreed upon in the agreement on card issuance and usage expires, the card issuer shall, within subsequent 15 working days, agree with the cardholder about the remedial measure or reimburse the card holder for damage until the final conclusion determining faults and responsibility of parties is made by the competent authority.
3b. If the case shows any sign of crime, the card issuer shall notify the competent authority in accordance with law on criminal procedures and send a report to the State Bank (via Department of Payment, branches of the State Bank of provinces or cities); and notify the cardholder in writing of progressing actions against trace request or complaint. The processing of results of trace request or complaint shall be responsible by the competent authority. If the competent authority notifies that the results do not show any sign of crime, the card issuer shall, within 15 working days from the conclusion of the competent authority, agreed with the cardholder about the solutions for results of trace request or complaint.”
9. Clause 4 of Article 20 shall be amended as follows:
“4. In the case where the card issuer, cardholder and relevant parties fail to reach an agreement and/or disagree with the processing of trace request or complaint, the dispute shall be settled in accordance with regulations of law.”
10. Point b Clause 1 of Article 31 shall be amended as follows:
“b) Receive and monitor notification of card models issued, and of suspension of issuance of cards of card issuers.”
11. Article 11 of Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State bank of Vietnam on bank card operations shall be annulled.
12. The Appendix issued together with Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State bank of Vietnam on bank card operations shall be replaced with the Appendix issued herewith.
Article 2. Amendments to Circular No. 22/2015/TT-NHNN dated November 20, 2015 of the Governor of the State bank of Vietnam on cheque provision and usage
1. Points d and dd shall be added to Clause 4 of Article 11 as follows:
“d) Methods of receiving trace requests, complaints; time limit for processing trace requests, complaints, and results thereof in accordance with Article 7a of this Article;”
dd) Force majeure events.”
2. Clause 7 of Article 11 shall be amended as follows:
“7. The drawee shall provide guidance on usage of cheque payment services provided for customers."
3. Clause 7a shall be added to Article 11 as follows:
“7a. The drawee must process any trace request or complaint filed by its customer:
a) At least two methods of receipt of trace requests and complaints, including via telephone exchange (with recording) and through the drawee’s offices that ensures the basic information that the cardholder has provided for the drawee;
b) The drawee shall make a form of trace request or complaint to be used by customers. In case of receiving information via telephone exchange, the drawee shall require the customer to provide a trace request or complaint using the above-mentioned form within a given time specified by the drawee that serves as the official basis or the trace request or complaint. In the case where another person is authorized to make the trace request or complaint, the customer shall comply with law on authorization;
c) The time limit for which the customer is entitled to file a trace request or complaint shall not shorter than 60 days from the cheque’s presence for payment as prescribed in Article 19 of this Circular;
d) The time limit for processing the trace request or complaint shall not exceed 30 working days from the receipt of initial trace request or complaint according to one of the methods of receipt prescribed in Point a of this Article;
dd) Processing results of trace requests and complaints:
- a) Within 05 working days from the notification of results of trace requests and complaints, the drawee shall reimburse, upon agreement or in accordance with applicable law provisions, damage incurring through no fault of the customer and/or not due to force majeure events agreed upon in the agreement on terms and conditions of cheque usage;
- If it fails to determine reasons or which party at fault while the deadline for trace requests or complaints as prescribed in Point d of this Clause expires, the drawee shall, within subsequent 15 working days, agree with the customer about the solution for results of trace request or complaint.
e) If the case shows any sign of crime, the drawee shall notify the competent authority in accordance with law on criminal procedures and send a report to the State Bank (via Department of Payment, branches of the State Bank of provinces or cities); and notify the customer in writing of progressing actions against trace request or complaint. The processing of results of trace request or complaint shall be responsible by the competent authority. If the competent authority notifies that the results do not show any sign of crime, the drawee shall, within 15 working days from the conclusion of the competent authority, agreed with the customer about the solutions for results of trace request or complaint.”
g) In the case where the drawee, customer and relevant parties fail to reach an agreement and/or disagree with the processing of trace request or complaint, the dispute shall be settled in accordance with regulations of law.”
Article 3. Amendments to Circular No. 39/2016/TT-NHNN dated December 11, 2014 of the Governor of the State bank of Vietnam on guidelines for intermediary payment services
1. The 4th dash Point a Clause 1 of Article 13 shall be amended as follows:
“- Methods of receiving trace requests, complaints; time limit for processing trace requests, complaints, and results thereof in accordance with Points d, d1, d2, d3, d4, dd, dd1 and dd2 of this Clause;”
2. The 5th dash shall be added to Point a Clause 1 of Article 13 as follows:
“- Force majeure events;”
3. Point d Clause 1 of Article 13 shall be amended as follows:
“d) At least two methods of receipt of trace requests and complaints, including via telephone exchange (with recording and round-the-clock operation) and through the provider’s offices/branches that ensures the basic information that the cardholder has provided for the provider;”
4. Points d1, d2, d3 and d4 to Clause 1 of Article 13 as follows:
“d1) The provider shall make a form of trace request or complaint to be used by customers. In case of receiving information via telephone exchange, the provider shall require the customer to provide a trace request or complaint using the above-mentioned form within a given time specified by the provider that serves as the official basis or the trace request or complaint. In the case where another person is authorized to make the trace request or complaint, the customer shall comply with law on authorization;
d2) The provider shall provide specific regulations on the time limit for a trace request provided that it is at least 60 days from the date on which the transaction for which the trace request is made proceeds.”
D3) Upon the request for suspension of services by a customer who doubts fraud or loss related to the services, the provider shall suspend them and bear all financial losses incurred by the customer upon the bank usage after the suspension time;
d4) The time limit for processing the trace request or complaint shall not exceed 45 working days from the receipt of initial trace request or complaint according to one of the methods of receipt prescribed in Point d of this Article;
5. Point dd Clause 1 of Article 13 shall be amended as follows:
“dd) Processing results of trace requests and complaints:
- a) Within 05 working days from the notification of results of trace requests and complaints, the provider shall reimburse, upon agreement or in accordance with applicable law provisions, damage incurring through no fault of the customer and/or not due to force majeure events agreed upon in the agreement on terms and conditions of service usage;
- If it fails to determine reasons or which party at fault while the deadline for trace requests or complaints prescribed in Point 4 of this Clause expires, the provider shall, within subsequent 15 working days, agree with the customer about the remedial solution or reimburse the customer for damage until the final conclusion determining faults and responsibility of parties is made by the competent authority;”
6. Points dd1 and dd2 shall be added to Clause 1 of Article 13 as follows:
“dd1) If the case shows any sign of crime, the provider shall notify the competent authority in accordance with law on criminal procedures and send a report to the State Bank (via Department of Payment, branches of the State Bank of provinces or cities); and notify the customer in writing of progressing actions against trace request or complaint. The processing of results of trace request or complaint shall be responsible by the competent authority. If the competent authority notifies that the results do not show any sign of crime, the provider shall, within 15 working days from the conclusion of the competent authority, agreed with the customer about the solutions for results of trace request or complaint.
dd2) In the case where the provider, customer and relevant parties fails to reach an agreement and/or disagree with the processing of trace request or complaint, the dispute shall be settled in accordance with regulations of law;”
Article 4. Point a Clause 3 Article 11 of Circular No. 36/2012/TT-NHNN dated December 28, 2012 of the Governor of the State Bank on installation, management, operation, and security of automated teller machines.
Article 5. Effect
This Circular comes into force from November 28, 2016.
Article 6. Transitional provisions
With regard to contracts/agreements concluded prior to the effective date of this Circular, the providers of payment services and intermediary payment services shall notify their customers of new regulations on receipt and processing of trace requests and complaints under methods prescribed in the contracts/agreements and on their websites; and re-conclude another contract/agreement with customers at their requests. The concluded contract/agreement shall be amended in accordance with this Circular.
Article 7. Implementation
The Chief officers, Director of Payment Department, Heads of affiliates of the State bank, Directors of branches of the State Bank of provinces and central-affiliated cities, Presidents of the Board of Directors (Member assembly), General Directors (Directors) of providers of payment services or intermediary payment services, and relevant entities shall implement this Circular./.
| PP. GOVERNOR |
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