Circular No. 35/2012/TT-NHNN on fees for domestic debit card services

CIRCULAR

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

Based on the Law on Credit InstitutionsNo. 47/2010/QH12 dated 16thJune 2024;art. 6 year 2010;

Pursuant to the Civil CodeNo. No. 33/2005/QH11 dated June 14, 2005;

BASED ON THE ORDINANCE ON FEES AND CHARGES"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."No. 38/2001/PL-UBTVQH10 August 28, 2001;

Decree No. 96/2008/NĐ-CP Pursuant to the Civil Aviation Law dated November 29,June 2024;dated August 8, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

At the proposal of the Payment Department Director;

The Governor of the State Bank of Vietnam promulgates this Circular on fees for domestic debit card services,

Article 1. Scope of Regulation

This Circular regulates fees for domestic debit card services for cardholders.

Article 2. Applicability

The scope of application includes: Card issuers, payment organizations, switch organizations, merchants, cardholders, and other organizations and individuals related to the provision and use of domestic debit card services within the territory of Vietnam.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Domestic debit card is a card issued by a card issuer in Vietnam to conduct card transactions domestically, allowing the cardholder to perform transactions within the amount available in their deposit account opened at the card issuer (hereinafter referred to as the card).

2. Service Fees for Cards is the amount that the cardholder must pay when receiving card service.

3. Card transaction is the use of the card to deposit, withdraw cash, transfer funds, pay for goods and services, inquire about account balances, or use other services provided by the service provider organization.

4. ATM transaction is a card transaction conducted at an automated teller machine.

5. In-network ATM transaction is a card transaction conducted at an ATM of the card issuer for the cardholder.

6. Out-of-network ATM transaction is a card transaction conducted at an ATM of an organization that is not the card issuer for the cardholder.

7. POS transaction is a card transaction conducted through a point of sale terminal at a merchant (referred to as POS) to pay for goods and services, inquire about account balances, refund money at the request of the cardholder, withdraw cash, and other card transactions at POS.

Article 4. Principles for collecting card service fees

1. Card issuers may collect card service fees from cardholders according to types and rates of fees specified in the card service fee schedule of the issuer, but must ensure they fall within the framework and timeline set out for the types of fees in the Model Schedule of Fees for Domestic Debit Card Services (Annex) accompanying this Circular.

2. Card issuers shall not charge additional fees beyond those listed in the published card service fee schedule.

3. Card issuers shall not charge fees from cardholders for unsuccessful card transactions or errors not caused by the cardholder's fault.

4. Payment organizations and switch organizations shall not charge card service fees from cardholders.

5. Merchants shall not charge POS transaction fees from cardholders.

Article 5. Responsibilities of card issuers

1. At least 15 days before implementing a new or adjusted card service fee schedule, card issuers must submit their fee schedule to the State Bank of Vietnam (Payment Department and Banking Supervision Authority) for reporting and supervision.

2. Publicly display the card service fee schedule in accordance with legal regulations.

3. Inform customers about card services, usage procedures, current card service fee schedules, and other relevant regulations regarding card services of their organization, ensuring customers have sufficient information to consider, choose, and decide on using card services.

4. Promptly address inquiries, complaints, or technical issues for cardholders. Refund the transaction amount collected from the cardholder if the card transaction fails and compensate the cardholder for losses incurred due to the issuer's fault in accordance with the law.

5. Strictly comply with the State Bank of Vietnam's regulations on equipping, managing, operating, and ensuring the safe operation of ATMs and card reading devices.

Article 6. Responsibilities of Units under the State Bank

1. The Payment Department receives card service fee schedules from card issuers; monitors and compiles implementation status, and advises the Governor of the State Bank of Vietnam on resolving issues arising during the implementation of this Circular.

2. The Banking Supervision Authority conducts inspections, supervises, and penalizes violations by card issuers, switch organizations, and related organizations and individuals in implementing this Circular.

3. The State Bank of Vietnam branch in provinces and centrally-administered cities implements inspections, supervision, and inspections within its authority over the implementation of this Circular in its jurisdiction; promptly reflects emerging issues and reports matters exceeding its authority to the State Bank of Vietnam for resolution.

Article 7. Implementation Organization

1. This Circular takes effect from March 1, 2013.

2. Card issuers are responsible for guiding the implementation of this Circular at their own units. During implementation, card issuers should classify customer groups to provide appropriate support measures for poor students and low-income workers.

3. The Director of the Office, Heads of the Payment Department, the Director of the Banking Supervision Authority, Heads of units under the State Bank of Vietnam, Governors of State Bank of Vietnam branches in provinces and centrally-administered cities, Chairmen of Management Boards (Members), General Directors (Directors) of card issuers, and related organizations and individuals are responsible for enforcing this Circular.