Circular No. 13/2013/TT-NHNN dated June 11, 2013 of the State Bank of Vietnam amending and supplementing a number of Articles of the Circular No. 23/2010/TT-NHNN dated November 09, 2010 of the State Bank Governor regulating on the management, operation and use of inter-bank electronic payment system

THE STATE BANK OF VIETNAM

Circular No. 13/2013/TT-NHNN dated June 11, 2013 of the State Bank of Vietnam amending and supplementing a number of Articles of the Circular No. 23/2010/TT-NHNN dated November 09, 2010 of the State Bank Governor regulating on the management, operation and use of inter-bank electronic payment system

Pursuant to the Law on the State Bank No. 46/2010.QH12 dated June 16, 2010;

Pursuant to the Law No. 47/2010/QH12 dated June 16, 2010 of the National Assembly on Credit Institutions;

Pursuant to the Decree No. 96/2008/ND-CP dated August 26, 2008 of the Government defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

Pursuant to the Decree No. 35/2007/ND-CP dated March 08, 2007 of the Government on banking e-transactions;

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

At the proposal of the Director General of Information Technology Department;

The Governor of the Vietnam State Bank promulgates the Circular amending and supplementing a number of articles of the Circular No. 23/2010/TT-NHNN dated November 09, 2010 of the State Bank Governor stipulating the management, operation and using joint-bank e-payment System (hereinafter referred as Circular No. 23/2010/TT-NHNN) as follows:

Article 1. Amending and supplementing a number of Articles of the Circular No. 23/2010/TT-NHNN as follows:

1. Amending, supplementing Clause 1 Article 11 of the Circular No. 23/2010/TT-NHNN as follows:

“1. Time applied in joint-bank e-payment system is regulated as follows:

a) Time to implement the technical check and create the data at the beginning of day of the joint-bank e-payment system is eight working hours;

b) Time for units to stop sending the payment order with low value is 16 hours and stop sending the payment order with high value is 17 hours of working day;

c) From 4.10 pm, implementing the final settlement of clearing items with low value as stipulated under Article 28 of this Circular;

d) From 5.15 pm, implementing the works at the end of day, contrast and confirm the data with National Processing Center;

dd) In the special case due to technical errors, transmission errors or the amount of documents arise too much at the end of transaction day, Local Processing Center and the State Bank branches can propose National Processing Center to prolong the time of money transfer of the joint-bank e-payment System (in papers, or by telephone, or by emails) to handle the payment documents received during the day, but the time of prolonging doesn’t exceed 30 minutes for the time marks as stipulated under Point b Clause 1 of this Article;

e) Implementing the joint-bank e-payment System to decide the working time of the system in the holidays, Tet and time for making the final settlement of year;  

2. Amending, supplementing Point a Clause 2 Article 26 of the Circular No. 23/2010/TT-NHNN as follows:

“a) The operation center implements the mortgage of the valuable papers of deposit members to take part in performing the high value payment that has the remaining value of 10% net debt limit notified by the operation center to the members. In case the members lack the remaining amount for the settlement of low value clearing results that is over 2 times in a week, the operation center shall notify to the management board to decide on increasing the remaining value’s margin rate of valuable papers of the deposit member at the State Bank from 50% to 100% of net debt limit.”

3) Amending, supplementing Point b Clause 2 Article 29 of the Circular No. 23/2010/TT-NHNN as follows:

“b) Setting the report on the members who lack the low value capital according to the report form on “banks lack the low value capital” (form No 01 promulgated together with this Circular) at the time of performing the clearing settlement and notify the capital situation to the members; request the members to take measures to supplement the necessary capital.”.

4) Amending, supplementing Point d Clause 2 Article 30 of the Circular No. 23/2010/TT-NHNN as follows:

“d) The operation center shall print the dent certificate for banks that lack the low value capital (according to the form No 02 promulgated together with this Circular) and implement the lending measures of clearing payment in accordance with the provisions of the State Bank in the case the members are not able to make the settlement for the items that must be made net payment at the time of stopping the sending of the payment orders of high value.”.

Article 2. Implementation responsibilities

The director of the Office, Director of Payment Department, Director of Finance and Accounting Department, the Director General of Information Technology Department and heads of units of the State Bank of Vietnam; Directors of the State Bank of Vietnam’s branches in central-affiliated cities and provinces; the General Director (Director) of payment service-providing organizations shall implement this Circular./.

Article 3. Implementation provisions

The Circular shall take effect on August 01, 2013.

For the Governor of the State Bank of Vietnam

Deputy Governor

Nguyen Toan Thang