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MEKONG COUNSEL

Decree on non-cash payments

On November 22, 2012, the Government issued Decree No. 101/2012/ND-CP on non-cash payments. Accordingly, the non-cash payments; non-cash payment services; payment intermediary services; organization, management, and supervision of the payment systems shall be regulated to apply to the service providers and users, specifically as follows:

 

- Non-cash payment activities shall include: Opening and using payment accounts of the State Bank, among credit institutions, for organizations and individuals that are not credit institutions. Accordingly, account openers being individuals must be capable of civil acts. Shared payment accounts shall be payment accounts undersigned by at least two subjects, owners of which may be organizations or individuals.

Account owners may use their payment accounts for crediting, withdrawing cash, and request the providers of payment services to make legitimate payments; request providers of payment services to provide information about the transactions and the balance of their payment accounts; authorize other people in writing to use payment accounts as regulated by law.

A payment account may be partly or totally blocked (suspended) or closed upon request of the account owner, as agreed upon in advance by the account owner and the provider of payment services, or as regulated by law.

 

- Non-cash payment services shall include: Provision of payment facilities; payment services via cheques, payment order, collection order, bank cards, letter of credit, bank transfer, payment authorization; and other payment services.

 

- Payment intermediary services shall include: Provision of electronic payment facilities; payment service support; and other payment intermediary services as regulated by the State Bank.

In addition, service users must provide relevant information to the providers of payment services and providers of payment intermediary services upon request. The providers of payment services and providers of payment intermediary services shall be responsible for securing the information related to the account owners, the transactions, and the balance of the payment accounts of the service users, unless otherwise regulated by law.

 

- The State Bank shall organize, manage, operate, and supervise the National payment system.

 

This Decree shall be effective from March 26, 2013, supersede Decree No. 64/2001/ND-CP dated September 20, 2001 of the Government on making payments via providers of payment services.