Circular No. 44/2018/TT-NHNN dated December 28, 2018 of the State Bank of Vietnam on amendments and supplements to certain articles of Circular No. 36/2012/TT-NHNN dated December 28, 2012 of State Bank’s Governor prescribing installation, management, operation and maintenance of safety for operations of automated teller machines

THE STATE BANK OF VIETNAM

CircularNo. 44/2018/TT-NHNN dated December 28, 2018 of the State Bank of Vietnam onamendments and supplements to certain articles of Circular No. 36/2012/TT-NHNN dated December 28, 2012 of State Bank’s Governor prescribing installation, management, operation and maintenance of safety for operations of automated teller machines

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

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

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

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;

Upon the request of the Director of the Department of Payment;

The State Bank’s Governor hereby promulgates the Circular amending and supplementing certain articles of Circular No. 36/2012/TT-NHNN dated December 28, 2012 of the State Bank’s Governor prescribing the installation, management, operation and maintenance of safety for operations of automated teller machines.

Article 1.Amendments and supplements to certain articles of Circular No. 36/2012/TT-NHNN dated December 28, 2012 of the State Bank’s Governor prescribing the installation, management, operation and maintenance of safety for operations of automated teller machines (hereinafter referred to as Circular No. 36/2012/TT-NHNN)

1. To amend and supplement Clause 2 of Article 4 as follows:

“2. Within the duration of 10 business days prior to the initiation, installation, change in location and time or termination of operations of ATMs, the providers of payment services must inform State Bank’s branches in provinces and centrally-affiliated cities (hereinafter referred to as State Bank branch or branches) where ATMs are licensed and installed by using the form No. 1 (applicable to conventional ATMs) or by using the form No. 2 (applicable to mobile ATMs), which is appended to this Circular.

Within the duration of 10 business days prior to the initiation, installation, change in location and time or termination of operations of ATMs placed in provinces or cities other than those where payment service providers directly managing these ATMs have located their main offices or branches, they must inform State Bank branches in localities where ATMs are licensed and installed, and State Bank branches in localities where the State Bank locates its main offices or branches directly managing these ATMs by using the form No. 1 (applicable to conventional ATMs) or by using the form No. 2 (applicable to mobile ATMs), which is appended to this Circular.”

2. To amend and supplement Clause 2 of Article 5 as follows:

 “2. Appoint employees to detect and respond to any ATM breakdown on time. If ATMs stop working or plans to stop for more than 24 hours, payment service providers must report under the State Bank s regulations on the statistical reporting regime applied to credit institutions and foreign bank branches, and must widely inform customers on the following business day from the date on which ATM stops (or plans to stop) for more than 24 hours."

3. To amend and supplement Clause 1 and 7 of Article 7 as follows:

“1. Comply with the current regulations on the safety for the banking information system.”

“7. Provide information and cooperate with the police, State Bank branches in localities where ATMs are licensed and installed and other organizations involved in the assurance of safe and through operations of ATMs; the prevention and control of ATM-related offences, and the investigation and handling of any act of high-tech crimes, theft, robbery, and vandalism. Regularly update and inform acts of theft and robbery of money from ATMs and provide customers with instructions for safe transactions with ATMs, such as placement of instruction boards at ATMs, display of instructions on ATM screens or other forms." 

4. To amend and supplement Clause 1 of Article 10 as follows:

“1. The providers of payment services and branches of foreign banks in localities where ATMs are licensed and installed shall be responsible for reporting to the State Bank of Vietnam (via the Department of Payment) as follows:

a) Make and send reports under regulations of the State Bank on the reporting regime applied to credit institutions and foreign bank branches and upon the request of competent authorities as per laws;

b) Make and send ATM operation reports every 6 months (the reporting period from January 1 to June 30) and every year (the reporting period from January 1 to December 31) prior to the 15^thday of the month following the reporting period by completing the Form No.4 (applicable to payment service providers) and the Form No.5 (applicable to State Bank branches) hereto attached.”

5To amend and supplement Clause 1 and 3 of Article 11 as follows:

“1. The Department of Payment shall be responsible for receiving, consolidating reports and preparing a consolidated report for submission to the State Bank’s Governor to review operations of ATM under the provisions of this Circular.”

“3. State Bank branches in localities where ATMs are licensed and installed shall assume the following responsibilities:

a) Inspect and handle violations under their jurisdiction over operations of ATM:  On a regular or irregular basis, inspect certain ATMs under their management and make ATM inspection reports according to the instructions given in the Form No. 3 hereto appended;

b) Cooperate with and exchange information with State Bank branches in localities where payment service providers directly managing ATMs have established their main officers or branches about ATMs which have been installed and operated in cities or provinces other than those where these providers have established their main officers or branches;

c) Send timely feedbacks on any difficulty or breakdown that may arise to the State Bank (via the Department of Payment) to request cooperation in dealing with such difficulty or breakdown."

Article 2. Implementation

The Office Chief, the Director of the Department of Payment, the Heads of relevant affiliates of the State Bank, the Directors of the State Bank branches in centrally-affiliated cities and provinces, and the Directors General (Directors) of payment service providers, shall be responsible for implementing this Circular./.

Article 3.Effect

1. This Circular takes effect on February 18, 2019.

2. This Circular shall invalidate clause 7 of Article 9, point d of clause 3 of Article 11 in the Circular No. 36/2012/TT-NHNN amended and supplemented by clause 6 and 7 of Article 1 in the Circular No. 20/2016/TT-NHNN dated June 30, 2016 of the State Bank’s Governor amending and supplementing certain articles of the Circular No. 36/2012/TT-NHNN dated December 28, 2012 prescribing the installation, management, operation and maintenance of safety for operations of automated teller machines, and the Circular No. 39/2014/TT-NHNN dated December 11, 2014 providing guidance on payment intermediary services (hereinafter referred to as Circular No. 20/2016/TT-NHNN).

3. The Forms No. 1, 2, 3, 4 and 5 appended to the Circular No. 20/2016/TT-NHNN shall be replaced with the Forms No. 1, 2, 3, 4 and 5 hereto attached./.

For the Governor

Deputy Governor

Nguyen Kim Anh