Circular No. 35/2012/TT-NHNN dated December 28, 2012 of the State Bank of Vietnam stipulating on charges of the inland debit card service

CIRCULAR

STIPULATING ON CHARGES OF THE INLAND DEBIT CARD SERVICE

Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12, of June 16, 2010;

Pursuant to the Law on credit institutions No. 47/2010/QH12, of June 16, 2010;

Pursuant to the Civil Code No. 33/2005/QH11, of June 14, 2005;

Pursuant to the Ordinance of charges and fees No. 38/2001/PL-UBTVQH10, of August 28, 2001;

Pursuant to the Government’s Decree No. 96/2008/ND-CP, of August 26, 2008, stipulating functions, tasks, powers and original structure of the State bank of Vietnam;  

At the proposal of Director of the Payment Department;

The Governor of the State bank of Vietnam stipulates Circular stipulating on charges of the inland debit card service,

Article 1. Scope of regulation

This Circular stipulates on charges of the inland debit card service applied to card holders.

Article 2. Subjects of application

Subjects of application include: Organizations of card issuance, organizations of card payment, organizations of card commutation, units of card acceptance, card holders and organizations, individuals relating to supply and use of the inland debit card service in Vietnam’s territory.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1.The inland debit cardmeans card being issued by organizations of card issuance in Vietnam in order to perform domestic card transactions, that permits a card holder to perform card transaction within amount on his/her account of payment deposit opened at an organization of card (hereinafter referred to as card).   

2.Charges of card servicemean amounts that a card holder must pay upon being supplied the card services.

3.Card transactionsmean use of card for remittance, withdrawal in cash, transfer, payment for goods, services, request for account or use of other services which are supplied by organizations of provision of card services.  

4.ATM transactionsmean card transactions conducted at automatic transaction machines.

5.Internal-network ATM transactionsmean card transactions performed at ATM of organizations issued cardsfor card holders.

6.External-network ATM transactionsmean card transactions performed at ATM of organizations that not being organizations issued cards for card holders.

7.POS transactionmeans card transaction performed through equipment reading card at a unit of card acceptance (abbreviated as POS – Point of Sale) in order to pay for goods, services, request for balance of account, returning money at the request of card holders, cash withdrawal  and other card transactions at POS.

Article 4. Principle of collection of card service charges

1.The organizations issued card are permitted to collect card service charges in according to types of charge, levels of charge which specified in the charge table of card service by their General Directors (Directors) but must ensure to in the framework and roadmap stipulated for types of charges stated in the Framework of inland debit card service charges (Annex) promulgated together with this Circular. 

2.The organizations of card issuance are not permitted to collect additionally charge types, excluding the card service charge table have been promulgated.

3.The organizations of card issuance are not permitted to collect charges from card holders for unsuccessful card transaction, or error card transaction not due of fault of card holders.

4.Organizations of card payment, organizations of card commutation are not permitted to collect card service charge forcard holders.

5.Units of card acceptance are not permitted to collect POS transaction charge for card holders.

Article 5. Responsibilities of organizations of card issuance

1.At least 15 days before applying the card service charge table (promulgation of new or adjustment, amendment), organizations of card issuance must send their unit s card service charge table to the State bank (Department of payment and agencies of bank inspection and supervision) for report and supervision. 

2.Posting up in publicity the card service charge table in accordance to provisions of law.

3.Popularizing, guiding customers about card services, process of manipulation in card use, the current charge table of card services and other provisions relating to their unit’s card services, ensuring that customers have enough necessary information to consider, select and decide on use of card services.  

4.Answering, handling timely questions, complaints or technical problems for card holders. Returning the transaction amounts collected for card holders if  the card transaction is unsuccessful and pay compensation for damages for card holders as prescribed by law if damages happen due to fault of organizations of card issuance.

5.Implementing strictly, fully provisions of the State bank on equipping, management, operation, use and assurance of safety of activities of ATM and the equipment reading card.

Article 6. Responsibilities of units of the State bank

1.Department of payment shall receive the card service charge tables of organizations of card issuance; to monitor, summarize situation of implementation and consult for the Governor of the State bank to handle problems during carrying out implementation of this Circular. 

2.Agencies of bank inspection and supervision shall inspect, supervise and handle violations for organizations of card issuance, organizations of card commutation, relevant organizations, individuals in implementation of this Circular.

3.The State bank’s branches of central-affiliated cities and provinces shall, under their competence,  examine, supervise and inspect implementation of this Circular in local areas; timely reflect problems arising and report on problems beyond their competence to the State bank of Vietnam for settlement.

Article 7. Organization for implementation

1.This Circular takes effect on March 01, 2013.

2.Organizations of card issuance shall guide implementation of this Circular at their units. In the course of implementation, organizations of card issuance need have measure to classify customer subjects in order to have support forms that are suitable with poor students, laborers with low income.

3.The Chief of office, Director of Payment Department, the Chief of bank inspection and supervision, heads of units of the State bank, Directors of the State bank’s branches of central-affiliated cities and provinces, president of Board of Directors (Members Council), Directors General (Directors) of organizations of card issuance and relevant organizations, individuals shall implement this Circular. 

ANNEX

THE FRAMEWORK OF INLAND DEBIT CARD SERVICE CHARGES
(Enclosed to the Circular No. 35/2012/TT-NHNN, of December 28, 2012, of the State bank of Vietnam)