THE STATE BANK OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 38/2019/TT-NHNN | Hanoi, December 31, 2019 |
CIRCULAR
On provision of payment services not via payment accounts of clients by public-utility postal service providers[1]
Pursuant to the June 16, 2010 Law on the State Bank of Vietnam;
Pursuant to the June 16, 2010 Law on Credit Institutions; the November 20, 2017 Law Amending and Supplementing a Number of Articles of the Law on Credit Institutions;
Pursuant to the June 17, 2010 Law on Post;
Pursuant to the Government’s Decree No. 101/2012/ND-CP of November 22, 2012, on cashless payment; the Government’s Decree No. 80/2016/ND-CP of July 1, 2016, amending and supplementing a number of articles of Decree No. 101/2012/ND-CP;
Pursuant to the Government’s Decree No. 16/2017/ND-CP of February 17, 2017, defining functions, tasks, powers and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of the Payment Department;
The Governor of the State Bank of Vietnam promulgates the Circular on provision of payment services not via payment accounts of clients by public-utility postal service providers.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular prescribes the provision by public-utility postal service providers of cashless payment services not via payment accounts of clients, including services of transfer, collection and payment on clients’ behalf of money in Vietnam dong.
Article 2. Subjects of application
1. Enterprises providing public-utility postal services (below referred to as service providers).
2. Organizations and individuals using payment services not via clients’ payment accounts at public-utility postal service providers (below referred to as service users).
Article 3. Payment documents
1. Service providers shall prescribe presentation specifications, forms, printing and distribution of payment documents as suitable for the payment process of each service and in accordance with relevant laws.
2. The creation, signing, control, transfer, management, use and preservation of payment documents must comply with regulations on accounting documents.
3. Electronic documents must have their information and data fully controlled, ensuring lawfulness, validity and integrity of information. Besides, documents shall be controlled and kept confidential to prevent abusive use, illegal hacking and copying of information.
Chapter II
PROVISION OF PAYMENT SERVICES NOT VIA PAYMENT ACCOUNTS
OF CLIENTS
Article 4. Money transfer
1. Service providers shall provide money transfer service in a prompt, strict, exact, safe, confidential and lawful manner; and formulate and promulgate an internal process with specific provisions on p:
a/ The stages of processing, including formulation, comparison, control and archive of money transfer documents; processing of money transfer orders; detection and correction of errors; tracing and filing of complaints; cost-accounting according to the current accounting regime, and monitoring of accounting books.
[1] Công Báo Nos 35-36 (14/01/2020)
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