Thông tư 02/2019/TT-NHNN sửa đổi Thông tư 23/2014 về mở, sử dụng tài khoản thanh toán

THE STATE BANK OF VIETNAM

Circular No. 02/2019/TT-NHNN dated February 28, 2019 of the State Bank of Vietnam onamendments to Circular No. 23/2014/TT-NHNN dated august 19, 2014 of the State Bank of Vietnam providing guidelines for opening and maintenance of current accounts at payment service providers

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 and the Law on amendments to 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 and the Government s Decree No. 80/2016/ND-CP dated July 01, 2016 on amendments to 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;

At the request of the Director of the Payment Department;

The Governor of the State Bank of Vietnam promulgates a Circular on amendments to Circular No. 23/2014/TT-NHNN dated August 19, 2014 of the State Bank of Vietnam providing guidelines for opening and maintenance of current accounts at payment service providers.

Article 1. Amendments to Circular No. 23/2014/TT-NHNN dated August 19, 2014 of the State Bank of Vietnam providing guidelines for opening and maintenance of current accounts at payment service providers

1. To amendClause 3 Article 3 as follows:

 “3. Corporate current account means an account opened by a corporate customer at the payment service provider. Holder of a corporate current account is the organization opening that current account. The legal representative or authorized representative (hereinafter referred to as “legal representative”) of the organization opening the current account shall, on behalf of that organization, carry out transactions via that current account within his/her competence."

2. To amendClause 1 and Clause 2 Article 4 as follows:

 “1. The current account holder is entitled to authorize another person to use its/his/her current account.

2.The authorization to use the current account must be made in writing in accordance with applicable regulations on authorization."

3. To amendPoint dd Clause 2 Article 5 as follows:

 “dd) Provide sufficient, clear and accurate information concerning the opening and use of current account. Any changes in information provided in the application for current account opening must be notified to the payment service provider where the current account is opened in a timely manner and supported by relevant documents. Changing information concerning the current account opened at the State Bank of Vietnam shall be made according to the Appendix 03 enclosed herewith;”

4. To amendPoint b and Point d Clause 2 Article 6 as follows:

 “b) Keep and sufficiently update specimens of signatures and seals (if any) of customers for the purposes of verification during the use of current accounts by customers;"

 “d) Provide information in a timely and sufficient manner about the balance and transactions conducted via the current account and the blockage of current account in writing or in any other forms prescribed in the agreement on current account opening, and assume responsibility for the accuracy of provided information;"

5. To amendPoint c and Point d Clause 1 Article 8 as follows:

 “c) Documents proving the capacity of the legal representative of the organization that wishes to open the current account and the citizen identity card or ID card or unexpired passport of that legal representative;

d) The document or decision on appointment and citizen identity card or ID card or unexpired passport of the chief accountant or the person in charge of accounting works and managing documents concerning transactions made with the State Bank of Vietnam."

6. To amendArticle 11 as follows:

 “Article 11. Entities eligible to open current accounts

1.The following individuals are eligible to open current accounts at banks or branches of foreign banks:

a) A person who is aged exactly 18 years or older and has full capacity for civil acts as regulated by the Law of Vietnam;  

b) A person who is aged between exactly 15 and nearly 18 years and does not have his/her incapacity or restricted capacity for civil acts;

c) A person who is under the age of 15, has restricted capacity for civil acts or is incapable of civil acts as defined by the Law of Vietnam is entitled to open a current account via his/her legal representative;

d) A person who has limited cognition and behavioral control as defined by the Law of Vietnam may open a current account via his/her guardian.

2.The organizations that are duly established and operate under the Law of Vietnam, including:    legal entities, private enterprises, household businesses and other organizations, are allowed to open current accounts at banks or branches of foreign banks in accordance with laws.”.

7. To amendClause 1, Clause 2 and Clause 4 Article 12 as follows:

 “1. An application for opening of personal current account includes:

a) The application form for current account opening which is made using the form provided by the bank/ foreign bank’s branch where the current account is opened and in conformity with Clause 1 Article 13 of this Circular;

b) The citizen identity card or ID card or unexpired passport, birth certificate (for a Vietnamese citizen aged under 14 years), entry visa or certificate of visa exemption (for a foreigner) of the account holder;

c) If a current account is opened through a person’s guardian or legal representative, in addition to the documents mentioned in Point a and Point b Clause 1 of this Article, the application for current account opening must also include the citizen identity card or ID card or unexpired passport of the guardian or legal representative, and documents proving his/her capacity for representing the account holder.

2.An application for opening of a corporate current account includes:

a) The application form for current account opening which is made using the form provided by the bank/ foreign bank’s branch where the current account is opened and in conformity with Clause 2 Article 13 of this Circular;

b) Documents proving that the organization opening the current account is duly established and legally operates, including: Establishment decision, operation license, enterprise registration certificate or other documents as regulated by law;

c) Documents proving the capacity of the legal representative and decision on appointment of chief accountant or person in charge of accounting works (if any) of the organization opening the current account, and citizen identity cards or ID cards or unexpired passports of these persons.”

 “4. Required documents of an application for current account opening mentioned in Clause 1 or Clause 2 of this Article (except the application form for current account opening which is made by using the form provided by the bank) are originals or copies.  The translation of foreign language documents included in the submitted application for current account opening into Vietnamese may be agreed upon between the customer and the bank or foreign bank’s branch according to the following rules:

a) Documents proving the lawful establishment and operation of the organization opening the current account (establishment decision, operation license or enterprise registration certificate) and documents proving the capacity of the legal representative of the account holder for opening and using the current account (appointment decision or written authorization) all must be translated into Vietnamese;

b) Passport(s) and other documents included in the application for current account opening shall be only translated into Vietnamese at the request of competent authorities;

c) Vietnamese translations must be enclosed with their originals in foreign language for verification purpose;

d) The payment service provider shall take responsibility to verify and ensure the truthfulness, accuracy and adequacy of contents of Vietnamese translations in comparison with those of original documents in foreign language."

8. To amendClause 1 and Clause 2 Article 13 as follows:

 “1. An application form for opening of a personal current account must include, inter alia, the following information:  

a) Information about the account holder, including:

-If the account holder is a Vietnamese: full name, date of birth, nationality; occupation, position; telephone number; number of citizen identity card or ID card or unexpired passport, date of issue, issuing authority; registered permanent residence and current residence; being a resident or non-resident;

-If the account holder is a foreigner: full name, date of birth, nationality; occupation, position; telephone number; number of unexpired passport, date of issue, issuing authority, entry visa; registered permanent residence abroad and registered residence in Vietnam; being a resident or non-resident.

b) If a personal current account is opened through a guardian or legal representative, information about the guardian or legal representative of the account owner, including:

-If the guardian or legal representative of the account holder is an individual, the information mentioned in Point a Clause 1 of this Article shall be specified;

-If the guardian of the account holder is an organization, the following information shall be specified: full and abbreviated business name; headquarters address, transaction address, telephone number, fax (if any); business lines; legal representative.

c) The specimen signatures of the account holder or his/her legal representative/ guardian and related persons (if any) on documents concerning transactions with the bank or foreign bank’s branch.

2.An application form for opening of a corporate current account must include, inter alia, the following information:  

a) Full and abbreviated business name; headquarters address, transaction address, telephone number, business lines;

b) Information about legal representative of the applicant as prescribed in Point a Clause 1 of this Article;

c) Information about the chief accountant or the person in charge of accounting works (if any) of the applicant as prescribed in Point a Clause 1 of this Article;

d) The specimen signature of the legal representative of the applicant, specimen seal (if any) and the specimen signature of the chief accountant or the person in charge of accounting works (if any) of the applicant.”

9. To amendClause 3, Clause 4 and Clause 5 Article 14 and Clause 6 is added to Article 14 as follows:

 “3. After examining, checking and ensuring that all documents included in the application for current account opening are sufficient, lawful and valid as regulated, the bank or foreign bank s branch shall enter into an agreement on current account opening with the customer. To be specific:

a) With regard to a personal current account: The bank/ foreign bank’s branch must directly meet the account holder or his/her guardian/ legal representative (if the personal current account is opened through a guardian or legal representative) when entering into the agreement on current account opening. If the bank/ foreign bank’s branch is unable to directly meet the customer who lives abroad, the customer identification information may be verified via a bank agent or an intermediary provided that it must ensure the verification of information about the account holder and shall take the full responsibility for its verification and identification of current account holder. The selection of an intermediary for verifying customer information must comply with Article 10 of the Decree No. 116/2013/ND-CP dated October 04, 2013 and its amending and/or superseding documents (if any);

b) With regard to a corporate current account: The bank/ foreign bank’s branch is not required to directly meet the legal representative of the account holder when entering into the agreement on current account opening but must adopt appropriate measures for verifying and ensuring that the seal (if any) and signature of such legal representative of the account holder on the agreement on current account opening match those included in the application for current account opening;

c) With regard to a shared current account:

-If the holder of the shared current account is an individual, the bank/ foreign bank’s branch shall carry out procedures for signing the agreement on current account opening according to regulations in Point a of this Clause;

-If the holder of the shared current account is an organization, the bank/ foreign bank’s branch shall carry out procedures for signing the agreement on current account opening according to regulations in Point b of this Clause.

4.Agreement on current account opening:

a) An agreement on current account opening must include, inter alia, the following contents:

-Number and date of the agreement;

-Name of the bank/ foreign bank’s branch; account holder and full name of legal representative of the account holder (if the account holder is an organization), full name of the guardian/ legal representative of the account holder (if the account holder is one of the entities prescribed in Point c and Point d Clause 1 Article 11 hereof);

-Number, name and effective date of the current account;

-Rights and obligations of the parties;

-Regulations on fees (types of fees and changes thereof);

-Provision of information and methods for informing the account holder of account balance and transactions made via the current account, blockage of the current account, and other necessary information during the use of such current account;

-Cases where the current account is temporarily blocked and re-opened;

-Scope of the current account and cases where the account holder’s payment orders are refused;

-Using the current account to make regular or periodical payments at the request of the account holder or the bank/ branch of foreign bank’s collection of due debts, overdue debts, interests and relevant fees arisen during the management of the current account and provision of payment service;

-The implementation of measures for ensuring safety and confidentiality during the use of the current account;

-Methods for receiving trace requests or complaints; time limit for dealing with a trace request or complaint and actions against results thereof as regulated in Article 15a of this Circular;

-Cases where the current account is closed and settlement of remaining balance after the account closure.

b) In addition to the contents prescribed in Point a of this Clause, an agreement on current account opening may include other contents as agreed upon between the parties in conformity with regulations herein and relevant laws;

c) In case a standard-form contract or contract containing general terms and conditions is employed when concluding an agreement on current account opening, the bank/ foreign bank’s branch must:

-Publicly post the employed standard-form contract or contract containing general terms and conditions on current account opening at its headquarters and publish the same on its website;

-Provide sufficient information concerning the standard-form contract or contract containing general terms and conditions for the customer before entering into the agreement on current account opening and such information provision must be certified by the customer;   

d) The customer must be provided with a copy of the signed agreement on current account opening.

5.The bank/ foreign bank s branch shall provide each customer with instructions on the procedures for receiving and processing an application for current account opening, method and location of signing the agreement on current account opening in conformity with its conditions and capacity provided that it must comply with the law on anti-money laundering and relevant laws, and take responsibility for the accuracy, consistency and adequacy of the application for and the agreement on current account opening.

6.If a customer that has a current account at a bank/ foreign bank s branch wishes to open another current account at the same bank/ foreign bank s branch, procedures for receiving and processing the application for opening of this second current account shall be subject to the decision of that bank/ foreign bank s branch that is required to collect and verify sufficient customer identification information as regulated by the law on anti-money laundering.”

10. To amendClause 2 Article 15 as follows:

 “2. The personal current account of an individual, who is under the age of 15, has restricted capacity for civil acts, is incapable of civil acts, or has limited cognition and behavioral control must be used via his/her guardian or legal representative. The guardian/ legal representative shall conduct payment transactions via the current account of the ward/ the represented in accordance with civil regulations on guardianship and representation.”

11.To add Article 15a as follows:

 “Article 15a.  Responding to trace requests and complaints about current accounts

1.Each bank/ foreign bank s branch shall receive trace requests and/or complaints from customers during their use of current accounts by obeying the following rules:

a) There are at least two methods adopted for receiving trace requests and complaints, including the receipt of trace requests and complaints via telephone exchange (with recording) and via transaction offices of the bank/ foreign bank s branch that is required to ensure the verification of information provided by the customer;

b) The bank/ foreign bank s branch must make trace request/ complaint forms available for customers. If a trace request or complaint is made via telephone exchange, the bank/ foreign bank s branch shall request the customer to submit the written trace request/ complaint within the time limit prescribed by the bank/ foreign bank s branch to use as the basis for handling such trace request/ complaint. If a customer authorizes another person to make trace request/ complaint, such authorization should be made in accordance with the law on authorization;

c) The bank/ foreign bank s branch may reach an agreement on and provide specific regulations on the time limit for a trace request/ complaint which must be at least 60 days from the date on which the transaction of the trace request/ complaint is made.

2.Time limit for responding to a trace request/ complaint:

a) Within a maximum period of 30 business days from the receipt of the initial trace request/ complaint from the customer by one of the methods of receipt mentioned in Point a Clause 1 of this Article, the bank/ foreign bank s branch shall respond to that customer s trace request/ complaint;

b) Within a maximum period of 05 business days from the notification of processing results of a trace request/ complaint to the customer, the bank/ foreign bank s branch shall compensate for loss or damage incurred by the customer according to specific agreements and applicable laws if such loss or damage is caused through no fault of the customer and/or is not classified as a force majeure event as defined in terms and conditions on current account opening;

c) If no reasons is found or no faults is determined within the time limit for a trace request/ complaint mentioned in Point a of this Clause, within 15 following business days, the bank/ foreign bank’s branch must reach an agreement with the customer on measures against such trace request/ complaint.

3.If the case denotes a violation, the bank/ foreign bank’s branch must notify the competent authority in accordance with regulations of the criminal procedure code and notify the State Bank of Vietnam (via the Payment Department, the Bank Supervision and Inspection Agency, and the local branch of the State Bank of Vietnam), and at the same time, provide a written notification to the customer of the status of its/his/her trace request/ complaint. In such case, the competent authority shall take charge of responding to the customer’s trace request/ complaint. If the competent authority determines that the trace request/ complaint shows no sign of violation, within 15 business days from the conclusion of the competent authority, the bank/ foreign bank’s branch shall reach an agreement with the customer on measures against the customer’s trace request/ complaint.

4.If the bank/ foreign bank’s branch, the customer and related parties cannot reach an agreement and/or disagree with the processing of the trace request/ complaint, the dispute shall be settled in accordance with applicable laws.”

12. To amendPoint b Clause 1 and Clause 2 Article 17 as follows:

 “1. The payment service provider shall block partial or entire balance on the customer s current account in the following circumstances:

b) The payment service provider finds out that there are mistakes or errors in Crediting to the customer’s current account or the account may be blocked at the request for money refund of the payment service provider that has transferred money because there are mistakes or errors compared with the payment order of the remitter; in such case, the blocked amount on the current account shall not exceed the amount improperly credited or transferred by mistake;”

 “2. Immediately after the current account is blocked, the payment service provider must notify (in writing or by adopting any methods as agreed upon in the agreement on current account opening signed by and between the payment service provider and the customer) the account holder or his/her guardian or legal representative of the reasons and scope of the account blockage; the blocked amount must be kept intact and closely monitored as per details of blockage. If a current account is partially blocked, the remaining amount on such current account may be still used.”

13. To amendPoint a Clause 1 and Point a Clause 4 Article 18 as follows:

 “1. The payment service provider shall carry out procedures for closing a customer s current account in the following circumstances:

a) The account holder submits a written request for closure of current account and has discharged all relevant obligations. In case the account holder is under the age of 15, has restricted capacity for civil acts, is incapable of civil acts, or has limited cognition and behavioral control, his/her guardian or legal representative shall carry out procedures for closure of current account;”

 “4. The remaining balance after the closure of a current account shall be settled as follows:

a) The balance shall be used to make payments at the request of the account holder or his/her guardian or legal representative if the account holder is under the age of 15, has restricted capacity for civil acts, is incapable of civil acts, or has limited cognition and behavioral control or the heir/ representative of the heirs if the account holder died or is declared dead or missing;"

14.To replace the Appendix No. 01 and the Appendix No. 02 enclosed with the Circular No. 23/2014/TT-NHNN by the Appendix No. 01 and the Appendix No. 02 enclosed with this Circular.

15.To addappendix No. 03 is added and enclosed with this Circular.

Article 2. 

To abrogate Clause 2 Article 1, Clause 3 Article 15, Point c Clause 1, Clause 3 and Point d Clause 4 Article 17 of the Circular No. 23/2014/TT-NHNN.

Article 3. Responsibility for implementation 

1.Banks and branches of foreign banks shall cooperate with institutional customers (except legal entities) whose current accounts have been opened before the effective date of the Circular No. 32/2016/TT-NHNN dated December 26, 2016 by the State Bank of Vietnam in carrying out procedures for change of account holders that are the organizations opening current accounts without re-signing agreements on current account opening, except otherwise requested by a customer.

2.If a customer has signed a new agreement on current account opening for changing the method of opening current account as regulated in Clause 2 Article 4 of the Circular No. 32/2016/TT-NHNN (as amended in Article 1 of the Circular No. 02/2018/TT-NHNN dated February 12, 2018), the related bank/ foreign bank’s branch shall notify that customer of the agreement on name of current account as regulated in Point a Clause 4 Article 14 of the Circular No. 23/2014/TT-NHNN (as amended in Clause 9 Article 1 of this Circular) and carry out procedures for change of the current account’s name at the written request of the customer.

3.The Chief of the Ministry’s Office, Head of Payment Department, heads of affiliated agencies of the State Bank of Vietnam, Directors of the State Bank’s branches in centrally-affiliated cities and provinces, Chairpersons of Board of Directors, Chairpersons of Board of Members, and General Directors (Directors) of banks and branches of foreign banks shall be responsible for implementing this Circular.

Article 4. Effect

1.This Circular takes effect on March 01, 2019.

2.This Circular nullifies the Circular No. 32/2016/TT-NHNN and the Circular No. 02/2018/TT-NHNN dated February 12, 2018.

For The Governor

Deputy Governor

Nguyen Kim Anh 

Appendix No. 01

APPLICATION FOR OPENING OF CURRENT ACCOUNT AT STATE BANK OF VIETNAM

To: ……………………………………………………

Name of organization opening the current account (Account holder):......................

............................................................................................................................................

+ Full name in Vietnamese: .............................................................................................

+ Full name in English: .............................................................................................

+ Business name: ....................................................................................................

Establishment decision No.:………………………….Date of issue: ...............................

Issuing authority: ................................................................................................................

Certificate of business registration No.:...................................................

Date of issue: …………………………………. Issuing authority: ..........................................

Tax identification number: ....................................................................................................

Address: ……………………………………. Tel.:………………….. .......................................

Website:…………………….. Email: ..........................................................

Full name of legal representative: ...............................................................................

Scope of representation: .....................................................................................................

Date of birth*: …………………Gender (Male/ Female)*: ...........................................

Nationality*: …………………………… being a resident/ non-resident: ................................

Registered permanent residence*: .................................................................................

Current residence: ……………………………………. Tel.:. ................................................

Appointment decision No.:……………………….. dated……………………………

Number of citizen identity card (or ID card or passport): ...........................

…………………………………. Date of issue: .....................................................................

Issuing authority: .................................................................................................................

Full name of Chief accountant(or person in charge of accounting works or monitoring documents of transactions made with the State Bank of Vietnam): ................................

Date of birth*: ……………… Gender (Male/ Female)*: .........................................

Number of citizen identity card (or ID card or passport): ...........................

…………………………………. Date of issue: ..................................................................

Date of issue: …………………………………. Issuing authority: ..........................................

Appointment decision No.: ………………………………… dated………………………………

Hereby applies for opening of the current account at:...............................................................................

Currency:        □VND          □ USD          □ Other .......................................................

We confirm that:

-The information provided in this document is accurate and we shall take full responsibility for the accuracy and truthfulness of documents enclosed with the application for current account opening.

-We shall strictly and fully comply with applicable laws on opening and use of current accounts at the State Bank of Vietnam and shall take responsibility for any issues that arise in case we fail to comply with regulations on opening and use of current accounts adopted by the State Bank of Vietnam.

-We shall provide written notification (enclosed with relevant documents) for the State Bank of Vietnam of any changes in information concerning the opening of the current account or the specimen seal or specimen signature registered with the State Bank of Vietnam.

Enclosed documents:

1) Registration of specimen seal and signature, accompanied by the written authorization (if any);

2) Decision number…………………………

3)………………………………………

FOR STATE BANK OF VIETNAM’S USE

After examining and determining that the application for current account opening of…………….. is sufficient and valid, the State Bank of Vietnam……………………………….agrees to open the current account No.:…………………………….. for………………………..

Effective date of the account: ..................................................................................................

Notes:In case the organization opening the current account is eligible for accessing and using information on the National Population Database, the information marked with (*) is not compulsory.

Appendix No. 02

REGISTRATION OF SPECIMEN SEAL AND SIGNATURE FOR USING CURRENT ACCOUNT AT THE STATE BANK OF VIETNAM

(Enclosed with the Application for account opening No………..dated…………of………)

Name of unit: ....................................................................................................................

Business address: ……………………………………. Tel. ..........................................

Name of current account: .................................................................................................

Number of current account: .............................................................................................

Place of opening current account: ....................................................................................

Hereby applies for registration of specimen signature and seal for using on documents of transactions made with the State Bank of Vietnam as follows:

1.Specimen signature

2.Specimen seal

FOR STATE BANK OF VIETNAM’S USE

After determining that the specimen signature and seal of………………………………are valid, the State Bank of Vietnam………………………………….. hereby gives approval for the registration of specimen seal and signature for using the current account opened at the State Bank of Vietnam, enclosed with the current account No.: ……………………..of ………………………..

Effective date: ...............................................................................................

Appendidx No. 03

NOTIFICATION OF CHANGES IN INFORMATION ABOUT CURRENT ACCOUNT OPENED AT THE STATE BANK OF VIETNAM

To: ……………………………………….

Name of organization opening the current account (Account holder): ...............................

Establishment decision No.: ...............................................................................................

Business address: ……………………………………. Tel.:………………….. ......................

Name of current account: ...................................................................................................

Number of current account: ...............................................................................................

Place of opening current account: ......................................................................................

Hereby notifies changes in information provided in the application for current account opening to the State Bank of Vietnam as follows:

 (only changes are specified):

1.Changes in information about the current account:

-Name of organization opening the current account: .........................................................

Business address, telephone number: ...............................................................................

- Legal representative: .................................................................................................

- Chief accountant (or person in charge of accounting works or monitoring documents of transactions made with the State Bank of Vietnam):

- …..

2.Changes in specimen seal and signature for using the current account at the State Bank of Vietnam1:

a) Change of the specimen signature: ................................................................................

b) Change of the specimen seal (if any): ............................................................................

We confirm that:

-The changes mentioned in this document are accurate and we shall take full responsibility for the accuracy and truthfulness of documents enclosed with the application for current account opening.

-We shall strictly and fully comply with applicable laws on opening and use of current accounts at the State Bank of Vietnam and shall take responsibility for any issues that arise in case we fail to comply with regulations on opening and use of current accounts adopted by the State Bank of Vietnam.

FOR STATE BANK OF VIETNAM’S USE

After examining and determining that the documents about changes in information provided in the application for current account opening of…………….. are sufficient and valid, the State Bank of Vietnam……………………………….gives approval for such changes of...................

Effective date: ............................................................................................

_____________________

1Personal information of the person whose specimen signature is changed (if any) must be specified as same as that provided in the initial registration of specimen signature according to the Appendix No. 02.