Văn bản hợp nhất 07/VBHN-NHNN năm 2020 hợp nhất Thông tư ban hành Biểu phí dịch vụ thanh toán qua Ngân hàng Nhà nước Việt Nam

CIRCULAR

PROMULGATING THE TARIFF OF CHARGES FOR PAYMENT SERVICES OFFERED VIA THE STATE BANK OF VIETNAM

The Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from April 1, 2014, shall be amended and supplemented by:

The Circular No. 33/2018/TT-NHNN dated December 21, 2018 of the State Bank’s Governor, amending and supplementing several Articles of the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

The Circular No. 04/2020/TT-NHNN dated March 31, 2020 of the State Bank's Governor, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from April 1, 2020.

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

Pursuant to the Law on Credit Institutions No. 47/2010/QH12 dated June 16, 2010;

Pursuant to the Government’s Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash payments;

Pursuant to the Government's Decree No. 96/2008/ND-CP dated August 26, 2008 defining functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to the Government’s Decree No. 160/2006/ND-CP dated December 28, 2006 on providing specific provisions on implementation of the Ordinance on Foreign Exchange;

At the request of the Director of Payment Department;

The State Bank’s Governor promulgates the Circular on the Tariff of charges for payment services offered via the State Bank of Vietnam[1],[2],

Article 1. Issued together with this Circular is the Tariff of charges for payment services offered via the State Bank of Vietnam (hereinafter referred to as the State Bank).

Article 1a.[3]  The fees in Point 1.1 and Point 1.2 Section 1 “Charges on payment transactions made via the interbank electronic payment system” at Part III “Charges on domestic payment services” of the Schedule of payment service charges imposed by the State Bank of Vietnam enclosed with this Circular shall be reduced by 50% during the period commencing on April 01, 2020 and ending on December 31, 2020.

Article 2. [4] On a monthly basis, the State Bank’s branches in provinces and centrally-affiliated cities and State Bank’s Transaction Center shall use the sample schedule given in the Appendix No.01 through to the Appendix No.07 to this Circular for calculating and collecting payment service charges and complete the chart of data on collection of payment service charges by using the form given in the Appendix No. 08 hereto.

Article 3.[5],[6]

1. This Circular shall come into force as from April 01, 2014.

2. The Decision No. 50/2007/QD-NHNN granted by the Governor of the State Bank dated December 28, 2007 on promulgating the limits on collecting charges for payment services offered by payment service providers shall become defunct as of the effective date of this Circular.

Article 4. The Chief Officers, the Director of the Payment Department and Heads of the affiliates of the State Bank; the Director of branches of the State Bank located in centrally-affiliated cities and provinces; the Chairperson of the Board of Directors, the Board of Members, Director General (Director) of credit institutions, foreign bank branches, State Treasuries and other organizations provided with payment services at the State Bank shall assume their responsibility for enforcing this Circular./.

TARIFF OF CHARGES FOR PAYMENT SERVICES OFFERED VIA THE STATE BANK OF VIETNAM

 (Issued together with the Circular No. 26/2013/TT-NHNN dated December 05, 2013 by the Governor of the State Bank)

I. Fee for participation in the payment system: Members or affiliates of the State Bank must make lump-sum payment for fee of participation in the payment system.

Note:

- Members of the eIPS refer to organizations that obtain permission from the Administration Board of the eIPS to get direct access to the eIPS;

- Affiliates of the eIPS refer to organizations affiliated to the eIPS that obtain permission from the Administration Board of the eIPS to get direct access to the eIPS;

- Members of the clearing and settlement system throughout their operation areas refer to organizations that obtain permission from branches of the State Bank located in centrally-affiliated cities and provinces to get access to the clearing and settlement system in these areas. 

II. Annual fees:

This amount shall be computed and collected in December every year; if duration of membership is not a full year, the annual fees paid by members (or affiliates) shall be collected on the basis of actual months of their participation. Participation months shall be calculated as follows: If members (or affiliates) participate in the payment system before 15th day every month, the annual fee shall be calculated from the start date onwards. On the contrary, if members (or affiliates) participate in the payment system from 15th day every month onwards, the annual fee shall be calculated from the month immediately following the start month.   

III. In-country payment service charges

IV. International payment service charge:

Appendix 01[10]

STATEMENT OF CHARGES FOR PAYMENT TRANSACTIONS PERFORMED VIA THE HIGH-VALUE PAYMENT SUBSYSTEM AND EIPS

Currency type: Vietnam Dong (VND)

 (mm/yyyy)……………

Debit account:…………..Page:…….

Fee paying unit:………………………………. Bank code:……………………..

Total fee sum to be paid (in words): ..............................................................

Notes: Cells marked with (*) are required in case of the concentrated calculation and collection of fees (at the State Bank’s Transaction Center) in order to make a detailed and continuous statistics of settlement items specific to affiliates of members; but are not required in other cases.

Appendix 02[11]

STATEMENT OF CHARGES FOR PAYMENT TRANSACTIONS PERFORMED VIA THE LOW-VALUE PAYMENT SUBSYSTEM AND EIPS

Currency type: Vietnam Dong (VND)

 (mm/yyyy)……………

Debit account:…………..Page:…….

Fee paying unit:………………………………. Bank code:……………………..

Total fee sum to be paid (in words):………………………………………

Notes: Cells marked with (*) are required in case of the concentrated calculation and collection of fees (at the State Bank’s Transaction Center) in order to make a detailed and continuous statistics of settlement items specific to affiliates of members; but are not required in other cases.

Appendix 03[12]

GENERAL STATEMENT OF CHARGES COLLECTED VIA THE LOW-VALUE PAYMENT SUBSYSTEM, HIGH-VALUE PAYMENT SUBSYSTEM AND EIPS

Currency type: Vietnam Dong (VND)

 (mm/yyyy)……………

Debit account:…………..Page:…….

Fee paying unit:………………………………. Bank code: ..........................................................

Total fee sum to be paid (in words): ............................................................................

Notes: Cells marked with (*) are required in case of the concentrated calculation and collection of fees (at the State Bank’s Transaction Center) in order to make a statistics of quantities, values of and fees for payment transactions specific to affiliates of members; but are not required in other cases.

Appendix 04[13]

DETAILED STATEMENT OF CHARGES FOR PAYMENT TRANSACTIONS PERFORMED VIA THE EIPS

Currency type: USD/EUR/… (**)

 (mm/yyyy)……………

Debit account:…………..Page:…….

Fee paying unit:………………………………. Bank code:……………………..

Total fee sum to be paid (in words):………………………………………

Notes:

- Cells marked with (*) are required in case of the concentrated calculation and collection of fees (at the State Bank’s Transaction Center) in order to make a detailed and continuous statistics of settlement items specific to affiliates of members; but are not required in other cases.

- (**) Currency type: The statement is designed for recording payments made in specific currencies.

Appendix 05[14]

GENERAL STATEMENT OF CHARGES COLLECTED FOR FOREIGN CURRENCY PAYMENT TRANSACTIONS PERFORMED VIA EIPS

Currency type: USD/EUR/… (**)

 (mm/yyyy)……………

Debit account:…………..Page:…….

Fee paying unit:………………………………. Bank code:……………………..

Total fee to be paid (in words):...............................

Notes:

- Cells marked with (*) are required in case of the concentrated calculation and collection of fees (at the State Bank’s Transaction Center) in order to make a statistics of quantities, values of and fees for payment transactions specific to affiliates of members; but are not required in other cases.

- (**) Currency type: The statement is designed for recording payments made in specific currencies.

Appendix 06[15]

STATEMENT OF CHARGES FOR INSTALLMENT PAYMENT PAID VIA CURRENT ACCOUNTS OPENED AT THE STATE BANK

Currency type: VND/USD/EUR/… (**)

 (mm/yyyy)……………

Debit account:…………..Page:…….

Fee paying unit:………………………………. Bank code:……………………..

Total fee sum to be paid (in words):………………………………………

Notes:

- Appendix 06 provides a detailed statistics of installment payment items paid via deposit accounts at State Bank’s units, including money transfers via EIPS through membership of State Bank’s units (CI-NHNN), money transfers between State Bank’s units through inter-branch current accounts, or wire transfers at the same State Bank’s unit, so on.

- (**) Currency type: The statement is designed for recording payments made in specific currencies.

Appendix 07[16]

STATEMENT OF CLEARING AND SETTLEMENT SERVICE CHARGES

STATEMENT OF CLEARING AND SETTLEMENT TRANSACTION FEES

Currency type: Vietnam Dong (VND)

 (mm/yyyy)……………

Debit account:………Page: .........

Fee paying unit:………………………………. Bank code:……………………..

Total fee sum to be paid (in words): ....................................

Appendix 08[17]

CHART OF DATA ON COLLECTION OF PAYMENT SERVICE CHARGES

 (Internally used by State Bank’s units)

 (mm/yyyy)……………

Total fee sum to be paid (in words):………………………………………

Instructions for compilation of this chart:

- Reporting unit: State Bank’s Transaction Center and branches in provinces and centrally-affiliated cities. They must complete this by the 15th day of the following month subsequent to the reporting unit.

- Report user: Payment Department – SBV, 49 Ly Thai To, Hoan Kiem, Hanoi.

- Instructions for data representation: Cells with the mark (X) must be kept blank; statistics of charges must be collected at specific SBV’s units (e.g. SBV’s Transaction Center or branches in provinces and centrally-affiliated cities).

 [1] The Circular No. 33/2018/TT-NHNN, amending and supplementing certain articles of the Circular No. 26/2013/TT-NHNN dated December 5, 2013 publishing the tariff of charges for payment services via the State Bank of Vietnam, is promulgated on the following bases:

 “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 payments; the Government’s Decree No. 80/2016/ND-CP dated July 1, 2016 on amendments and supplements to certain articles of the Government’s Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash payments;

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 Payment Department;

The Governor of the State Bank of Vietnam hereby promulgates the Circular amending and supplementing certain articles of the Circular No. 26/2013/TT-NHNN dated December 5, 2013 issuing the tariff of charges for payment services via the State Bank of Vietnam (hereinafter referred to as Circular No. 26/2013/TT-NHNN).”

 [2] The Circular No. 04/2020/TT-NHNN amending and supplementing several Articles of the Circular No. 26/2013/TT-NHNN dated December 5, 2013, issuing the tariff of charges for payment services via the State Bank of Vietnam, is promulgated on the following bases: “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 payments; the Government’s Decree No. 80/2016/ND-CP dated July 1, 2016 on amendments and supplements to certain articles of the Government’s Decree No. 101/2012/ND-CP dated November 22, 2012 on non-cash payments;

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 Payment Department;

The Governor of the State Bank of Vietnam promulgates this Circular providing amendments to the Circular No. 26/2013/TT-NHNN dated December 05, 2013 of the Governor of the State Bank of Vietnam promulgating schedule of payment service charges imposed by the State Bank of Vietnam (hereinafter referred to as the Circular No. 26/2013/TT-NHNN).”

 [3] This Article is supplemented according to Article 1 of the Circular No. 04/2020/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from April 1, 2020 to end of December 31, 2020.

 [4] This Article is supplemented according to clause 1 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [5] Article 2 and 3 of the Circular No. 33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, enter into force from November 1, 2019, including the following regulations:

 “Article 2. Implementation

1. The Finance – Accounting Department shall provide guidance on accounting for foreign-currency service charge collection transactions of the State Bank’s branches in provinces and centrally-affiliated cities and of the State Bank’s Transaction Center.

2. The Chief of the Ministry’s Office, Head of Payment Department, heads of affiliated units of the State Bank of Vietnam, Directors of branches of the State Bank of Vietnam in centrally-affiliated cities and provinces, Chairpersons of Governing Boards, Chairpersons of Boards of Directors, and General Directors (Directors) of banks, foreign bank branches, State Treasuries and other organizations using payment services rendered by the State Bank of Vietnam shall be responsible for implementation of this Circular.

Article 3. Entry into force

This Circular shall enter into force from November 1, 2019.”

 [6] Article 2 and 3 of the Circular No. 04/2020/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, enter into force from April 1, 2020, including the following regulations:

 “Article 2. Responsibility for implementation 

The Chief of the Ministry’s Office, Head of Payment Department, Head of Information Technology Department, heads of affiliated units of the State Bank of Vietnam, Directors of branches of the State Bank of Vietnam in centrally-affiliated cities and provinces, Chairpersons of Boards of Directors, Chairpersons of Boards of Members, and General Directors (Directors) of banks, foreign bank branches, State Treasury and other organizations using payment services rendered by the State Bank of Vietnam shall be responsible for implementation of this Circular.

Article 3. Implementation

This Circular shall come into force as from April 01, 2020.”

 [7] This section is supplemented according to point a of clause 2 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [8] This section is supplemented according to point a of clause 2 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [9] This section is amended according to point b of clause 2 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [10] This Appendix is replaced according to clause 3 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [11] This Appendix is replaced according to clause 3 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [12] This Appendix is replaced according to clause 3 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [13] This Appendix is replaced according to clause 3 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [14] This Appendix is replaced according to clause 3 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [15] This Appendix is replaced according to clause 3 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [16] This Appendix is replaced according to clause 3 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

 [17] This Appendix is amended according to clause 4 of Article 1 of the Circular No.33/2018/TT-NHNN, amending and supplementing the Circular No. 26/2013/TT-NHNN dated December 5, 2013 of the Governor of the State Bank of Vietnam issuing the tariff of charges for payment services via the State Bank of Vietnam, coming into force from November 1, 2019.

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