Circular No. 15/2020/TT-NHNN amending the Circular No. 26/2013/TT-BTC

CIRCULAR

Amending and supplementing a number of articles of the State Bank of Vietnam’s Circular No. 26/2013/TT-BTC dated December 15, 2013 promulgating the Table of charges for payments via the State Bank of Vietnam

_______________________

Pursuant to the Law on the State Bank of VietnamdatedJune 16, 2010;

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

Pursuant to theGovernment’s Decree No.101/2012/ND-CP dated November 22, 2012onnon-cash payment; the Government’s Decree No. 80/2016/ND-CP dated July 01, 2016 on amending and supplementing a number of articles of the Government s Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash payment;

Pursuant to theGovernment s Decree No. 16/2017/ND-CPdated February 17, 2017 defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

At the proposal of the Director of Payment Department;

The Governor of the State Bank of Vietnam promulgates the Circular amending and supplementing a number of articles of the State Bank of Vietnam’s Circular No. 26/2013/TT-NHNN dated December 05, 2013 promulgating the Table of charges for payments via the State Bank of Vietnam (hereinafter referred to as Circular No. 26/2013/TT-NHNN).

Article 1. To amend and supplement a number of articles of the Circular No. 26/2013/TT-NHNN as follows:

1. To supplement Article 1b as follows:

“Article 1b.Charge for maintenance of outstanding deposits on foreign-currency payment accounts

1. The State Bank shall collect the charge for maintenance of outstanding deposits on foreign-currency payment accounts of the State Treasury, credit institutions, foreign bank branches at the Transaction Bureau of the State Bank. The chargeformaintenance of outstanding deposits on foreign-currency payment accountsshall be calculated based on actual outstanding deposits, the number of dates maintaining such deposits and conversion charge rateby percentage per annum. The charge rate shall be decided by the Governor of the State Bank for each period.

2. Charge for maintenance of outstanding deposits on foreign-currency payment accounts shall be collected as follows:

a) Monthly, theTransaction Bureau of the State Bankshall calculate and collect the charge for maintenance of outstanding deposits on foreign-currency payment accounts of the State Treasury, credit institutions, foreign bank branches according to Point b of this Clause.

b) The charge receivable in a month is calculated by the following formula:

The total charge receivable in a month shall be the total of charges receivable of days in such month.

- The charge receivable in a day is calculated by the following formula:

In which: (i) Actual outstanding depositis the outstanding deposit at the beginning of the day on the foreign-currency payment account in the month with charge of the State Treasury, credit institutions, foreign bank branches at the Transaction Bureau of the State Bank;(ii) Charge ratefor maintenance of outstanding deposit on the foreign-currency payment accountshall comply with decision of the Governor of the State Bank in each period.”.

2. To amend and supplement Article 2 as follows:

“Article 2.Monthly, the State Bank’s branches at provinces and central affiliated cities and the Transaction Bureau of the State Bank shall use the list forms specified in from Appendix No. 01 to Appendix No. 07 and Appendices No. 09, 10 and 11 to this Circular to calculate and collect the charge for payments and synthesize data related to payment charge collection according to Appendices No. 08 and 12 to this Circular.

For charges for maintenance of outstanding deposits on foreign-currency payment accounts specified in Article 1b of this Circular and charges for international payments at Part IV of the Table of charges for payments via the State Bank of Vietnam promulgated together with this Circular, if the outstanding deposits on foreign-currency payment accounts of the payers at the State Bank has not enough for debit and charges, the Transaction Bureau of the State Bank shall convert the payable charge amount into Vietnam Dong (VND) according to the exchange rate recorded at the State Bank s Transaction Bureau on the day of the charge collection, then debit the payers’ VND payment account for charge collection".

3.Part IV “Charges for international payment services” in the Table of charges for payments via the State Bank of Vietnam promulgated together with the Circular No.  26/2013/TT-NHNN shall be amended and supplemented as follows:

IV. Charges for international payments

Article 2.

1.To replace the Appendix No. 08 to the Circular No. 33/2018/TT-NHNNdated December 21, 2018 of the State Bank of Vietnam on amending and supplementing a number of Articles of the Circular No. 26/2013/TT-NHNNby the Appendix 08 to this Circular.

2.To add the Appendices No. 09, 10, 11 and 12 to this Circular.

Article 3. Responsibilityof implementation organization

1. The Payment Department shall be the focal agency submitting the Governor of the State Bank for promulgation of the Decision on the charge rates for maintenance of outstanding deposits on foreign-currency payment accounts at the State Bank.

2. The Transaction Bureau of the State Bank shall assume the prime responsibility for, and coordinate with the Monetary Policy Department and authorities in, researching and proposing the charge rates for maintenance of outstanding deposits on foreign-currency payment accounts and send to the Payment Department as a basis for submission to the Governor of the State Bank for promulgation of the Decision on the charge rates for maintenance of outstanding deposits on foreign-currency payment accounts at the State Bank.

3. The Information Technology Department shall create software for calculation and collection of the charges for maintenance of outstanding deposits on foreign-currency payment accounts and charges for international paymentsof the State Bank’s branches at provinces and central affiliated cities and the Transaction Bureau in accordance with this Circular.

4. The Finance and Accounting Departmentshall guide the accounting of collection transactions of the charges for maintenance of outstanding deposits on foreign-currency payment accountsand charges for international payments of the State Bank’s branches at provinces and central affiliated cities and the Transaction Bureau.

5. Chief of Office, Director of the Payment Department, Director of the Monetary Policy Department, Director of the Transaction Bureau, Director of the Information Technology Department, heads of units of the State Bank; Directors ofthe State Bank’s branches at provinces and central affiliated cities; credit institutions, foreign bank branches, the State Treasury and other organization using the service of payment via the State Bank of Vietnam shall implement this Circular.

Article 4. Implementation provision

1. To annul Clause 1, Article 1 of the Circular No. 33/2018/TT-NHNN of the State Bank of Vietnam on amending and supplementing a number of Articles of the Circular No. 26/2013/TT-NHNN.

2. This Circular takes effect on February 01, 2021.

* All Appendices are not translated herein.