Circular No. 44/2018/TT-NHNN amending and supplementing certain articles of Circular No. 36/2012/TT-NHNN dated December 28, 2012, issued by the Governor of the State Bank of Vietnam on the provision, management, operation, and ensuring the safety of automatic teller machine (ATM) operations.

CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 36/2012/TT-NHNN DATE: DECEMBER 28 2012 ISSUED BY THE GOVERNOR OF THE STATE BANK OF VIETNAM ON EQUIPMENT, MANAGEMENT, OPERATION, AND SAFETY GUARANTEE OF AUTOMATED TELLER MACHINE (ATM) OPERATIONS BASED ON DECREE NO. 101/2012/NĐ-CP DATED NOVEMBER 22, 2012 OF THE GOVERNMENT ON CASHLESS PAYMENTS; DECREE NO. 80/2016/NĐ-CP DATED JULY 1, 2016 AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 101/2012/NĐ-CP DATED NOVEMBER 22, 2012 OF THE GOVERNMENT ON CASHLESS PAYMENTS  

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

The Government promulgates this Decision to amend and supplement some articles of Decision No. 31/2007/QĐ-TTg dated March 5, 2007 of the Government on credit for households engaged in production and business activities in difficult areas and Decision No. 92/2009/QĐ-TTg dated July 8, 2009 of the Government on credit for traders operating in trade in difficult areas.

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; THE GOVERNOR OF THE STATE BANK OF VIETNAM ISSUES THIS CIRCULAR TO AMEND AND SUPPLEMENT CERTAIN PROVISIONS OF CIRCULAR NO. 36/2012/TT-NHNN DATED DECEMBER 28, 2012 ISSUED BY THE GOVERNOR OF THE STATE BANK OF VIETNAM ON EQUIPMENT, MANAGEMENT, OPERATION, AND SAFETY GUARANTEE OF AUTOMATED TELLER MACHINE (ATM) OPERATIONS. ARTICLE 1. AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 36/2012/TT-NHNN DATED DECEMBER 28, 2012 ISSUED BY THE GOVERNOR OF THE STATE BANK OF VIETNAM ON EQUIPMENT, MANAGEMENT, OPERATION, AND SAFETY GUARANTEE OF AUTOMATED TELLER MACHINE (ATM) OPERATIONS (HEREINAFTER REFERRED TO AS CIRCULAR NO. 36/2012/TT-NHNN). "2. Within 10 working days before the implementation, installation, relocation, change in operating hours, or cessation of ATM operations, organizations providing payment services must notify the State Bank of Vietnam branch in the province or centrally-administered city where the ATM is located (hereinafter referred to as the State Bank branch) according to Model No. 1 (for fixed ATMs) or Model No. 2 (for mobile ATMs) issued together with this Circular.;

Within 10 working days before the implementation, installation, relocation, change in operating hours, or cessation of ATM operations outside the province or centrally-administered city where the organization providing payment services has its headquarters or branch directly managing the ATM, such organization must notify both the State Bank branch in the province or centrally-administered city where the ATM is located and the State Bank branch in the province or centrally-administered city where the headquarters or branch directly managing the ATM is located according to Model No. 1 (for fixed ATMs) or Model No. 2 (for mobile ATMs) issued together with this Circular."

At the proposal of the Payment Department Director;

"2. Arrange personnel on duty to promptly detect and resolve ATM malfunction issues. In case an ATM stops (or is expected to stop) operation for more than 24 hours, the organization providing payment services must report according to the reporting and statistical system regulations of the State Bank of Vietnam applicable to credit institutions and foreign bank branches, and widely inform customers on the following working day from the date of occurrence of the ATM stopping (or being expected to stop) operation for more than 24 hours."

3. Clause 1 and Clause 7 of Article 7 are amended and supplemented as follows:

1. Clause 2 of Article 4 shall be amended and supplemented as follows:

"1. Comply with current regulations on information system security in banking activities."

"7. Provide information, cooperate with public security agencies, State Bank branches in the province or centrally-administered city where the ATM is located, and related organizations in ensuring safe and smooth ATM operations; preventing and investigating high-tech crimes, theft, robbery, and destruction of ATMs. Regularly update and announce methods of stealing money from ATMs and guide customers on safe transaction methods at ATMs, such as posting notices at the ATM location, on the ATM screen, or other forms."

2. Clause 2 of Article 5 shall be amended and supplemented as follows:

4. Clause 1 of Article 10 is amended and supplemented as follows:

"1. Organizations providing payment services and State Bank branches in the province or centrally-administered city where the ATM is located have the responsibility to report to the State Bank of Vietnam (through the Payment Department) as follows:

a) Report according to the reporting and statistical system regulations of the State Bank of Vietnam applicable to credit institutions and foreign bank branches, and when required by authorized agencies according to the law;

b) Report the status of ATM operations semi-annually (reporting period from January 1 to June 30) and annually (reporting period from January 1 to December 31) before the 15th day of the month immediately preceding the reporting period according to the content guidelines at Model No. 4 (for organizations providing payment services) and Model No. 5 (for State Bank branches) issued together with this Circular."

"1. The Payment Department is responsible for receiving, compiling, and reporting to the Governor of the State Bank of Vietnam on the status of ATM operations according to this Circular."

"3. State Bank branches in the province or centrally-administered city where the ATM is located have the responsibility:

a) Inspect and handle violations within their authority regarding ATM operations in their area: Regularly or randomly select some ATMs in their area for inspection, prepare inspection records of ATMs according to the content guidelines at Model No. 3 issued together with this Circular;

b) Coordinate and exchange information with State Bank branches in the province or centrally-administered city where the headquarters or branch of the organization providing payment services directly managing the ATM is located regarding inspections and handling of violations for ATMs implemented and installed outside the province or centrally-administered city where the headquarters or branch of the organization providing payment services directly managing the ATM is located;

c) Promptly reflect difficulties, obstacles, and arising issues to the State Bank of Vietnam (through the Payment Department) for coordination in handling."

THE HEAD OF THE OFFICE, THE DIRECTOR OF THE PAYMENT DEPARTMENT, THE HEADS OF THE RELEVANT UNITS UNDER THE STATE BANK OF VIETNAM, THE DIRECTORS OF THE STATE BANK BRANCHES IN THE PROVINCES AND CENTRALLY-ADMINISTERED CITIES, AND THE CHIEF EXECUTIVES (DIRECTORS) OF THE ORGANIZATIONS PROVIDING PAYMENT SERVICES ARE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR.

1. THIS CIRCULAR SHALL TAKE EFFECT FROM FEBRUARY 18, 2019.

b) Coordinate and exchange information with the branch of the State Bank of Vietnam located in the area where the head office or branch of the direct service provider managing ATMs is situated regarding the inspection and handling of violations concerning ATMs deployed and installed outside the province or city where the head office or branch of the direct service provider managing ATMs is located;

c) Timely reflect difficulties, obstacles, and arising issues to the State Bank of Vietnam (through the Payment Department) for coordinated resolution."

Article 2. Implementation

The Director of the Office, the Head of the Payment Department, the Heads of relevant units under the State Bank of Vietnam, the Governors of the State Bank branches in provinces and centrally governed cities, and the General Directors (Directors) of service providers shall be responsible for organizing the implementation of this Circular.

Article 3. Effectiveness

1. This Circular takes effect from February 18, 2019.

2. This Circular abolishes Clause 7, Article 9, and Point d, Clause 3, Article 11 of Circular No. 36/2012/TT-NHNN, as amended and supplemented by Clause 6 and Clause 7, Article 1 of Circular No. 20/2016/TT-NHNN dated June 30, 2016, issued by the Governor of the State Bank of Vietnam to amend and supplement certain provisions of Circular No. 36/2012/TT-NHNN dated December 28, 2012 on equipping, managing, operating, and ensuring the safety of automatic teller machine operations and Circular No. 39/2014/TT-NHNN dated December 11, 2014 guiding payment intermediary services (referred to as Circular No. 20/2016/TT-NHNN).

3. Replace Model Nos. 1, 2, 3, 4, and 5 issued together with Circular No. 20/2016/TT-NHNN with Model Nos. 1, 2, 3, 4, and 5 issued together with this Circular./.