Circular 26/2019/TT-NHNN amend Regulation on the grant, use and management of bank card issuers code in Decision 38/2007/QD-NHNN

CIRCULAR
Amending and supplementing a number of articles of the Regulation on the grant, use and management of bank card issuers code issued in conjunction with the Decision No. 38/2007/QD-NHNN dated October 30, 2007 of the Governor of the State Bank of Vietnam.

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

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

Pursuant to the Government's Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash payments; the Government’s Decree No. 80/2016/ND-CP dated July 1, 2016 amending and supplementing a number of articles of the Government's Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash payments;

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

At the request of Director of Payment Department;

The Governor of the State Bank of Vietnam promulgates the Circular amending and supplementing a number of articles of the Regulation on the grant, use and management of bank card issuers code issued in conjunction with the Decision No. 38/2007/QD-NHNN dated October 30, 2007 of the Governor of the State Bank of Vietnam.

Article 1. Amending and supplementing a number of articles of the Regulation on the grant, use and management of bank card issuers code issued in conjunction with the Decision No. 38/2007/QD-NHNN dated October 30, 2007 of the Governor of the State Bank of Vietnam.

1. Article 4 is amended and supplemented as follows:

“Article 4. Subjects entitled to be granted BIN

Subjects entitled to be granted BIN are organizations permitted to issue bank cards in accordance with law provisions on bank card activity”

2. Article 6 is amended and supplemented as follows:

“Article 6. Procedures to grant BIN

1. In case of having demand for grant of BIN, the card issuer has to send, directly or via postal service or via the Bank's Online Public Services Web Portal, to the State Bank of Vietnam (Payment Department) an application for a BIN as Form No. 01 issued together with this Regulation.

2. Within 05 working days after receiving a valid BIN application, the State Bank of Vietnam shall make a decision to issue a BIN to the card issuer and notify the card issuer in writing or via the Online Public Services Web Portal of the State Bank of Vietnam.

3. The State Bank of Vietnam shall issue 01 unique BIN to each card issuer who is allowed to be granted a BIN."

3. Article 7 is amended and supplemented as follows:

“Article 7. Management BIN

1. Card issuers are allowed to use the digits after the granted BINs to distinguish types of products, services, card technologies or geographical locations. Card issuers shall promulgate internal regulations on management and use of BINs including BINs issued by the State Bank of Vietnam and codes set by card issuers.

2. Within 180 days from the date of issuance of the BINs, card issuers shall be responsible for putting the BINs into use. In case a card issuer does not use the BIN within the prescribed time limit, it shall send a written request to the State Bank of Vietnam (Payment Department) for extension of such time limit. The maximum extended time limit is 90 days from the day the State Bank of Vietnam issues a written acceptance of the extension at the card issuer's request.

3. Card issuers shall use the BINs issued by the State Bank of Vietnam for the right purposes in their applications for BIN issuance and shall not transfer the BINs in any form. In case of changing the name of the card issuer, within 05 working days from the date of changing the name, the card issuer shall notify in writing to the State Bank of Vietnam (Payment Department) about the change of its name.

4. Card issuers (granted BINs by the State Bank of Vietnam) merging and consolidating or card issuers formed after merger and consolidation shall choose 01 BIN from the currently-used BINs of the card issuers participating in the merger and consolidation. Within 03 years from the date of the merger or consolidation, the card issuers formed after the merger or consolidation shall be responsible for changing the BINs of their issued cards, which are not selected, to the chosen one. Upon expiry of this period, the card issuers shall notify in writing to the State Bank of Vietnam (Payment Department) about the termination of unselected BINs.

5. In case the card issuer has changed its legal form in accordance with provisions on reorganization of the credit institution, such card issuer may continue using the current BIN issued by the State Bank of Vietnam. Within 05 working days from the date of changing legal forms, card issuers shall notify in writing to the State Bank of Vietnam (Payment Department) of the use of BIN that has been granted to such card issuer while taking full responsibility or bearing all risks of the BIN in the process of changing legal forms and committing to fully comply with the provisions of this Regulation and the provisions of law related to bank card activity.

6. Card issuers (granted BINs by the State Bank of Vietnam) which are foreign bank branches permitted to change their operational model to foreign-owned banks, after being granted the Licenses for establishment and operation, the banks are allowed to use BINs of the former bank branches without carrying out procedures for issuing new BINs as prescribed in Article 6 of this Regulation. During the transfer of the BINs:

a) At least 05 working days before the date of transfer of BINs to the foreign-owned banks, foreign bank branches shall notify in writing to the State Bank of Vietnam (Payment Department) about this transfer. During the time when the BINs are transferred to the banks, if the foreign bank branches have not completed the procedures for termination of operation, they shall stop issuing cards with the transferred BINs;

b) Immediately after receiving the transfer of BINs, foreign-owned banks shall conduct card issuance and provide services related to the cards whose BINs has been transferred. At least 05 working days after receiving the transfer of the BINs, the banks shall notify in writing to the State Bank of Vietnam (Payment Department) of the use of the transferred BINs while committing to fully comply with the provisions of this Regulation and the provisions of law related to bank card activities.”

4. Article 8 is amended and supplemented as follows:

"Article 8. Revocation of BIN

1. The State Bank of Vietnam shall revoke a BIN granted to a card issuer when one of the following cases occurs:

a) The information, evidence contained in the application file for the grant of the BIN is inaccurate or divergent.

b) The card issuer is dissolved, bankrupt or wound up.

c) The card issuer has not yet put the BIN into use after the period prescribed in Clause 2 of Article 7.

d) Upon the expiry of the period prescribed in Clause 4, Article 7, the card issuer does not notify in writing to the State Bank of Vietnam about the termination of unselected BIN, except for the cases specified in Clauses 5 and 6, Article 7 of this Regulation;

dd) BIN code is not used for the right purpose as mentioned in the application for the grant of BIN code.

2. A document of revocation of the BIN from the State Bank of Vietnam shall be sent to the card issuer, unless otherwise prescribed in Point b, Clause 1 of this Article.”

5. Article 10 is amended and supplemented as follows:

"Article 10. Responsibilities of units at the State Bank of Vietnam

1. The Payment Department

a) Issue, manage and revoke BINs; receive notices from card issuers on the use of BINs; supervise the use of BINs as prescribed in this Regulation;

b) Act as a focal point in coordinating with relevant units to advise the Governor of the State Bank of Vietnam on handling problems arising in the implementation process;

c) Cooperate with relevant units in inspecting and examining the use of BINs as prescribed in this Regulation;

d) Annually update the list of BINs issued by the State Bank of Vietnam on the website of the State Bank of Vietnam every year (before January 15 of the following year).

2. Information Technology Department

Cooperate with relevant units in supervising, inspecting and examining the use of BINs as prescribed in this Regulation.

3. Banking Supervision Agency

Carry out the inspection, examination and handling of violations according to its competence with card issuers in the implementation of this Regulation and notify the results to the Payment Department. "

Article 2.

1. Article 9 is annulled.

2. Form No. 01 issued together with Decision No. 38/2007/QD-NHNN dated October 30, 2007 of the Governor of the State Bank of Vietnam promulgating the Regulation on the grant, use and management of bank card issuers code is replaced by Form No. 01 issued together with this Circular.

Article 3. Responsibilities for implementation

Chief of the Ministerial Office, Director of the Payment Department, Heads of units under the State Bank of Vietnam, Directors of State Bank branches in provinces and municipalities, Chairpersons of the Boards of Directors, Chairpersons of the Members’ Councils, General Directors (Directors) of card issuers shall be responsible for implementing this Circular.

Article 4. Provisions of implementation

1. This Circular takes effect on March 1, 2020.

22. This Circular annuls Article 1 of Circular No. 23/2011/TT-NHNN dated August 31, 2011 of the Governor of the State Bank of Vietnam on implementing the plan to simplify administrative procedures for payment activities and other fields under the Government's Resolution on simplifying administrative procedures within the scope of management of the State Bank./.