Thông tư 28/2019/TT-NHNN sửa đổi Thông tư 19/2016/TT-NHNN hoạt động thẻ ngân hàng

CIRCULAR

Amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank of Vietnam on bank card operation

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

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

Pursuant to the Decree No. 101/2012/ND-CP dated November 22, 2012 of the Government on non-cash payments; the Decree 80/2016/ND-CP dated July 01, 2016 of the Government on amendment and supplementation to a number of Articles of the Decree No. 101/2012/ND-CP; the Decree 16/2019/ND-CP dated February 01, 2019 of the Government on amendment and supplementation to a number of Articles of the Decrees on business conditions under the State management of the State Bank of Vietnam;

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 proposal of the Director of Payment Department;

The Governor of the State Bank of Vietnam hereby promulgates a Circular on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the State Bank of Vietnam on bank card operations.

Article 1. To amend and supplement a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 by the Governor of the State Bank of Vietnam on bank card operations

1. To amend Clauses 7, 19, 23 and 25 and add Clauses 8a and 8b to Article 3 as follows:

“7. Non-physical card means a card without existing form of material but exits in the electronic form and contain the information prescribed in Article 12 of this Circular, which is issued by a card issuer to conduct transactions on Internet environment, cell phone applications; not including physical card which is registered to conducting transactions on Internet environment or cell phone applications. A non-physical card may be converted into physical card at the request of the cardholder.”.

"8a. Domestic transaction that requires card presentation means a transaction, in which card is issued by a card issuer in Vietnam and used to conduct transactions in automatic transaction machines and devices that accept card at selling points in Vietnam.

8b. Fictitious payment transaction at the card acceptance units means the usage of cards or cards’ information to purchase goods and services and such purchasing of goods or services isn’t real.”.

“19. International card association (hereinafter referred to as ICA) means an organization which is established and operates in a foreign country under such country's regulations and law, and has agreements concluded with card issuers, acquirer, card switching organization and/or involved parties to cooperate in the banking card operation with cards bearing bank identification number granted by international card association or cards bearing bank identification number of other countries in accordance with Vietnamese law and international commitments.

“23. Bank Identification Number (hereinafter referred to as BIN) means a numeric code including  BIN to indicate a card issuer as prescribed by the State Bank of Vietnam (hereinafter referred to as the State Bank) in the Regulation on issuance, use and management of bank identification number, BIN granted by international card association and BIN of other countries. The issuance, use and management of card bearing BIN granted by international card association or BIN of other countries must comply with regulations of such international card association or country.”.

“25. Card payment contract means an agreement between an acquirer and card acceptance unit, card switching organization (if any) about the acceptance of payment of goods or service by card.”.

2. To amend Clause 2 Article 8 (amended according to Clause 2 Article 1 of the Circular No. 26/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank on bank card operation) as follow:

“2. Directly conducting or facilitating other persons in conducting fraudulent card transactions or fictitious transactions at the card acceptance unit.”.

3. To amend Point a Clause 1 Article 12 as follow:

a) Name of the card issuer (abbreviated name or trade logo). In case there are abbreviated names or trade logos of many organizations (include: card issuer, organization that cooperates or associates to issue card, card switching organization, international card association and relevant units), information on card must clearly state that this card is issued by the card issuer (or it's owned by the card issuer), avoid causing confusion to customers;”.

4. To amend Clause 2 Article 16 (amended according to Clause 7 Article 1 of the Circular No. 26/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank on bank card operation) as follow:

“2. For principal cardholders being organizations: Organizations eligible to open liquidating account are allowed to use debit cards. Organizations being juridical persons duly established and existing under the laws of Vietnam shall be permitted to use credit cards, debit cards and prepaid cards. The cardholder being organization may authorize a person to use the organization’s card on its behalf (in a writing) or use supplementary card as prescribed in this Circular.”.

5. To amend Point b Clause 3 Article 16 as follow:

“b) Any person who is 15 to less than 18 years of age and does not have lack of civil act capacity or limited civil act capacity is permitted to use debit cards, credit cards and prepaid cards;”.

6. To amend Points b and c Clause 3 Article 17 as follows:

“b) Credit cards are used to pay for the purchase of goods and services; deposit and withdrawal of cash as agreed upon between the cardholder and the card issuer. It’s not allowed to use credit cards to transfer (or credit) into payment accounts, debit cards, prepaid cards;

c) Anonymous prepaid cards are only used to pay for the legal purchase of goods and services at card acceptance devices at selling points in Vietnamese territory. It’s is not allowed to use anonymous prepaid cards to conduct transactions on Internet environment, cell phone applications and to withdraw cash. Depositing money into anonymous prepaid cards must comply regulations prescribed in Clause 2 Article 14 herein;”.

7. To amend Point dd Clause 3 Article 17 (supplemented according to Clause 8 Article 1 of the Circular No. 26/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank on bank card operation) as follow:

“dd) Cards may be used to pay for goods and services purchased and used in accordance with the laws of Vietnam, including those purchased and used overseas; except for the cases prescribed in Point c herein.”.

8. To amend Point b Clause 3 Article 18 (amended according to Clause 9 Article 1 of the Circular No. 26/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank on bank card operation) as follow:

“b) To require card acceptance unit to provide documents that prove its business operation is legal when entering into a contract with such unit. Acquirer shall formulate criteria for selection of qualified card acceptance units and conduct evaluation and classification of units that wish to accept card payment in conformity with their specifications and scope of business for the first time and periodically (quarterly or annually);”

9. To amend Clause 5 Article 18 as follow:

“5. When the card issuer, acquirer, card switching organization, electronic clearing card organization enters into an agreement on banking card operation with another organization, such agreement must contain the responsibility of relevant parties for the compliance with law regulations on foreign exchange control, protection of personal data, personal privacy, security of documents, card information, card transactions and accounts of the cardholder.”.

10. To amend Clause 3 Article 21 as follow:

“3. Acquirers licensed to conduct foreign exchange transactions are permitted to process payments of cards whose BINs are issued by international card associations and cards whose BIN are issued by other countries.

11. To amend Clause 5 Article 22 as follow:

“5. The acquirer must not practice any discrimination in payment of cards whose BINs are issued by the State Bank with cards whose BIN are issued by international card associations and cards whose BIN are issued by other countries; the acquirer must not enter into any agreement on restriction or prevention of the acceptance of transactions conducted through co-branded cards with other entities.”.

12. To amend Clauses 2, 3 and 5 Article 24 as follows:

“2. The switching for domestic transactions requiring card presentation of cards whose BIN issued by an international card association and cards whose BIN issued by other countries between card issuers and acquirers with the international card association shall be conducted through a payment gateway of a card switching organization licensed to be operated by the State Bank.

3. The clearing of card transactions whose BIN issued by international card associations and cards whose BIN issued by other countries shall be conducted as agreed upon between card issuers, acquirers and relevant parties.”.

“5. The card switching organization and the electronic clearing card organization shall facilitate the system connected with card issuers, acquirers and international card associations directly as agreed by contracting parties to ensure the safe and continuous switching services, other services provided for members and international card associations according to related provisions of law.”.

13. To add Point c to Clause 1 and amend Clause 2 Article 31 as follows:

“To cooperate with the Banking Supervision Agency, State Bank branches at provinces and central-affiliated cities and other relevant units to inspect, examine the observance of this Circular when required.”.

“2. The Banking Supervision Agency; branches of the State Bank of provinces and central-affiliated cities shall carry out the inspection, examination of observance of this Circular, take actions against violations within their competence and notify results to the Payment Department and relevant entities.

14. To amend and supplement Clause 2 Article 32 (amended and supplemented according to Clause 13 Article 1 of the Circular No. 26/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank on bank card operation and Clause 6 Article 1 of the Circular No. 41/2018/TT-NHNN dated December 28, 2018 of the Governor of the State Bank on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank on bank card operation) as follow:

“2. Clause 2 of Article 24 of this Circular shall be implemented from January 01, 2021.”.

15. To replace the Appendix attached to the Circular No. 19/2016/TT-NHNN (replaced according to Clause 12 Article 1 of the Circular No. 30/2016/TT-NHNN dated October 14, 2016 of the Governor of the State Bank on amending and supplementing a number of Circulars on provision of payment services and intermediate payment services) by the Appendix attached to this Circular.

Article 2. Transitional provisions

With regards to card forms issued before the effective date of this Circular, information on cards shall comply with regulations at the time of card issuance. With regards to card forms issued recently by the card issuers or changed from the effective date of this Circular, card issuers shall comply regulations on card information in this Circular.

Article 3. Responsibility for implementation organization

The Chief of the Ministry Office, the Director of the Payment Department, the Heads of relevant units/divisions affiliated to the State Bank, the Directors of the State Bank branches of provinces or central-affiliated cities, the Presidents of the Boards of Directors, the Presidents of the Boards of Members and the General Directors (Directors) of credit institutions, branches of foreign banks, card switching organizations and electronic clearing card organizations are responsible for the implementation of this Circular.

Article 4. Effect

1. This Circular takes effect on April 01, 2020.

2. Clause 14 Article 1 of this Circular takes effect on January 01, 2020.

Appendix

(Attached to the Circular No. 28/2019/TT-NHNN dated December 25, 2019 of the Governor of the State Bank of Vietnam on amending and supplementing a number of Articles of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 on bank card operation)

NOTICE ON THE FORMS OF ISSUING CARDS

To: The State Bank of Vietnam (Payment Department)

Unit name:

- In Vietnamese   

- In foreign language   

- Abbreviation:................................................................................................

Address of head office:................................................................................................

Phone number:................. Fax:...................................................

Phone number (department or staff directly in charge):................................................................................................

Pursuant to Clause 2 Article 10 of the Circular No. 19/2016/TT-NHNN dated June 30, 2016 of the Governor of the State Bank of Vietnam on bank card operations, we hereby notify about the following card form(s):

1. Related information on card form

2. Clients, conditions of card issuance

3. Obligation of card issuers and other parties (organizations that cooperate or associate to issue cards (if any)) in the issuance of cards

4. Scanned images of the front and back color of the card form (for physical card)

5. Information on the supplementary card form (if any)

(In case of not issuing supplementary card form, card issuer shall clearly state that no supplementary card form is issued)

Card issuer shall take responsibility under law for the accuracy and honesty of these provided information./.