This Circular amends regulations on ATM operations and payment intermediary services, including customer service hours for the ATM system, technical requirements for ATM software and network connections, cash withdrawal limits at ATMs, as well as the licensing process for non-bank organizations to provide payment intermediary services. This Circular takes effect from July 1, 2016.
适用范围
This Circular applies to organizations providing payment services, including both banks and non-bank organizations conducting payment intermediary services.
要点
- Customer service hours for the ATM system are 24 hours a day, 7 days a week.
- The cash withdrawal limit at ATMs must not be lower than VND 5 million for intra-network transactions and VND 3 million for inter-bank transactions.
- Technical requirements for ATM software and network connections are stipulated by the State Bank of Vietnam.
- The licensing process for non-bank organizations to conduct payment intermediary services.
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🌐 本文件的社会影响
- Enhancing the quality and safety of ATM operations, protecting customers' rights when using payment services.
- Strengthening management over organizations providing payment intermediary services to ensure compliance with legal regulations.
❓ 常见问题
When does this Circular take effect?
This Circular takes effect from July 1, 2016.
What are the cash withdrawal limits at ATMs specified?
The cash withdrawal limit at ATMs must not be lower than VND 5 million for intra-network transactions and VND 3 million for inter-bank transactions.
全文
CIRCULAR
AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 36/2012/TT-NHNN
dated December 28, 2012, stipulating the provision, management, operation, and ensuring the safety of automatic teller machine (ATM) operations and Circular No. 39/2014/TT-NHNN dated December 11, 2014, guiding intermediary payment services
The Governor of the State Bank of Vietnam issues this Circular amending and supplementing certain provisions of Circular No. 36/2012/TT-NHNN dated December 28, 2012, stipulating the provision, management, operation, and ensuring the safety of automatic teller machine (ATM) operations and
Circular No. 39/2014/TT-NHNN dated December 11, 2014, guiding intermediary payment services
_________________________
Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
On the basis of the Law on Credit Organizations No. 47/2010/QH12 dated June 16, 2010;
On the basis of the Law on Electronic Transactions No. 51/2005/QH11 dated November 29, 2005;
On the basis of Decree No. 156/2013/NĐ-CP dated November 11, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
BASED ON DECREE NO. 16/2017/NĐ-CP DATED FEBRUARY 17, 2017 OF THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE STATE BANK OF VIETNAM;
On the basis of Decree No. 35/2007/NĐ-CP dated March 8, 2007 of the Government on electronic transactions in banking activities;
At the proposal of the Payment Department Director;
Article 1. Amending and supplementing certain provisions of Circular No. 36/2012/TT-NHNN stipulating the provision, management, operation, and ensuring the safety of automatic teller machine (ATM) operations.
Article 3. Initial installation of the ATM systemWhen initially installing the ATM system (excluding mobile ATMs), the service provider shall be responsible for:
1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:
1. Developing a proposal for the installation, organization of operation, maintenance, and monitoring of ATM activities to ensure having sufficient infrastructure systems, backup systems, and management software that meet technical requirements on security for banking card payment equipment as prescribed by the State Bank of Vietnam to operate ATM activities smoothly, stably, and safely.
2. Establishing internal regulations on information confidentiality policies, operational procedures, risk management, maintenance, repair, control, and monitoring of ATM activities.
3. Developing plans and arranging ATM networks reasonably to ensure good satisfaction of customer cash withdrawal needs.
4. Submitting the proposal and documents under Clause 1, Clause 2, and Clause 3 of this Article to the State Bank of Vietnam (through the Payment Department) at least 15 working days before implementation.”
Article 4. Installation, relocation, change of operating hours, and cessation of ATM operations
1. When installing an ATM, the service provider must ensure that the location is convenient, has adequate lighting, and provides security for customers; electricity supply for the ATM room and the ATM itself must comply with national standards on technology and electrical safety; the ATM must have a backup power source or a function to automatically return the card to the customer in case of sudden loss of main power.
2. Amending and supplementing Clause 4 as follows:
2. At least 10 working days before implementing installation, relocation, change of operating hours, or cessation of ATM operations, the service provider must submit a written notice according to Form No. 1 (for fixed ATMs) or Form No. 2 (for mobile ATMs) attached to this Circular to the State Bank of Vietnam branch in the province or centrally-administered city where the ATM will be installed.
3. In cases of relocating an ATM outside the current province or city, the service provider must notify the cessation of ATM operations in the old area and inform about the installation of the ATM in the new area.
4. The service provider must update information on installation, relocation, change of operating hours, and cessation of ATM operations on the ATM management system and the official website of the service provider.
5. The service provider must ensure compliance with technical requirements on physical installation and safety of ATMs as prescribed by the State Bank of Vietnam regarding security for banking card payment equipment.”
3. Amend Clause 1, Clause 2, Clause 4, and add Clause 8 of Article 5 as follows:
“1. The service time for the ATM system is 24/24 hours daily and 7/7 days weekly. For ATMs installed at locations where customers can only access the ATM during specific times, the service time of the ATM depends on the installation location and must be posted at the ATM location as well as on the official website of the service provider.
2. Arrange personnel to address ATM malfunctions as quickly as possible. If an ATM stops functioning (or is expected to stop functioning) for more than 24 hours, the service provider must report to the State Bank of Vietnam branch in the area on the next working day following the occurrence (or expected occurrence) of the ATM stopping functioning for more than 24 hours and inform customers appropriately.”
“4. Coordinate with card switching organizations to ensure seamless and secure interbank ATM transactions.”
“8. Meet technical requirements on software and communication lines for ATMs as prescribed by the State Bank of Vietnam regarding security for banking card payment equipment.”
4. Amend the name of Article and Clause 1, Clause 7 of Article 6 as follows:
“Article 6. Specific provisions for ATMs
1. At the ATM location, the contact number and address of the ATM management and operation unit must be posted so that customers know how to contact when encountering issues during transactions; procedures and deadlines for dispute resolution and complaints.
At the ATM location, there must be instructions or symbols indicating the types of cards accepted for payment, a guide for customers using ATMs, the name or number of the ATM, services provided at the ATM, related fees; these contents should be displayed in printed form or on the ATM screen.”
“7. Service providers may not set a lower limit for a single cash withdrawal from an ATM than 5 million VND for intra-network transactions and 3 million VND for inter-bank transactions.”
5. Amend Clause 3 and add Clause 9 of Article 7 as follows:
“3. Arrange personnel to monitor and protect ATMs on-site or coordinate with the entity leasing the ATM installation location or local security forces to conduct inspections, monitoring, and protection of ATMs.”
“9. Comply with other security and safety requirements for ATM systems as prescribed by the State Bank of Vietnam regarding security for banking card payment equipment.”
6. Amend Clause 2, Clause 4 and add Clause 7 of Article 9 as follows:
“2. When initially deploying mobile ATMs, the service provider shall be responsible for:
“2. When initially deploying mobile ATMs, payment service providers shall be responsible for:
a) Develop a proposal for equipping, operating, maintaining, servicing, and monitoring the operation of mobile ATMs, including clearly defining the scope of activities (expected services to be provided, type of customers); total number of mobile ATM vehicles, number of ATMs per vehicle; operational area; time period for using mobile ATMs to serve customers.
b) Establish internal regulations on information security policies, operational procedures, risk management procedures, maintenance, servicing, control, and monitoring of mobile ATMs.
c) Submit the proposal and internal regulations under Points a and b of this Clause to the State Bank of Vietnam (through the Payment Department) at least 15 working days before implementation.
d) In case there are changes to the contents of the proposal and internal regulations under Points a and b of this Clause, the service provider organization shall submit additional documents to the State Bank of Vietnam prior to implementation."
"4. The service provider organization deploys mobile ATMs in accordance with the content of the submitted proposal to the State Bank of Vietnam and ensures compliance with general regulations on ATMs."
"7. On a quarterly basis (before the 5th day of the first month of each quarter), the service provider organization reports on the implementation status of mobile ATM services according to Model No. 4 attached to this Circular."
“b) Inspect, supervise, and handle violations related to ATM operations within the jurisdiction: Regularly or when necessary, organize comprehensive inspections or select inspections of some ATMs within the jurisdiction, prepare inspection records for ATMs according to Model No. 3 attached to this Circular. If it is found that service providers within the jurisdiction do not comply with the provisions of this Circular, violations will be handled according to authority.
In Hanoi and Ho Chi Minh City, the Inspection and Supervision Department of the State Bank of Vietnam shall take the lead in coordinating with the local branches of the State Bank of Vietnam in inspecting, supervising, handling violations related to ATM operations within their jurisdictions, as well as in anti-crime work related to ATMs, and simultaneously inform the results to the local branches of the State Bank of Vietnam.”
“d) On a quarterly basis (before the 5th day of the first month of each quarter), report on the operation status of the ATM network within the jurisdiction according to Model No. 5 attached to this Circular.”
8. Repeal Clause 3, Article 3; Clause 2, Article 6; Clause 3, Article 9 and Models No. 1, 2, 3 attached to Circular No. 36/2012/TT-NHNN.
Article 2. Amend certain articles of Circular No. 39/2014/TT-NHNN guiding intermediary payment services
1. Amend Clause 2, Article 4 as follows:
“2. Non-bank organizations may apply for a license to provide one or more intermediary payment services specified in Article 2 of this Circular based on meeting the conditions stipulated in Clause 2, Article 15 of Decree No. 101/2012/NĐ-CP and any Government regulations amending, supplementing, or replacing these conditions (if applicable).”
2. Amend Clause 2, Article 5 as follows:
“2. The application dossier for obtaining a license to operate intermediary payment services shall be prepared in accordance with Clause 2, Article 16 of Decree No. 101/2012/NĐ-CP and any Government regulations amending, supplementing, or replacing them (if applicable).”
3. Repeal Clause 6, Article 3.
Article 3. Effectiveness
This Circular takes effect from July 1, 2016.
Article 4. Organization of Implementation
The Director of the Office, Heads of Departments, Heads of Units under the State Bank of Vietnam, Governors of the State Bank of Vietnam Branches in provinces and centrally-administered cities, Heads of the Inspection and Supervision Departments of the State Bank of Vietnam in Hanoi and Ho Chi Minh City, and General Directors (Directors) of service provider organizations are responsible for implementing this Circular./.
DEPUTY GOVERNOR
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