Thông tư 26/2019/TT-NHNN

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF REGULATION ON ISSUANCE, USE AND MANAGEMENT OF BANK IDENTIFICATION NUMBERS PROMULGATED TOGETHER WITH THE DECISION NO. 38/2007/QD-NHNN DATED OCTOBER 30, 2007 OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

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

Pursuant to the Law on Credit Institutions dated June 16, 2010; Law on Amendments to some 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; Government’s Decree No. 80/2016/ND-CP dated July 01, 2016 on amendments 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. 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 the Payment Department;

The Governor of the State Bank of Vietnam hereby promulgates a Circular on amendments to some Articles of Regulation on issuance, use and management of bank identification numbers promulgated together with the Decision No. 38/2007/QD-NHNN dated October 30, 2007 of the Governor of the State Bank of Vietnam.

Article 1. Amendments to some Articles of Regulation on issuance, use and management of bank identification numbers promulgated together with the Decision No. 38/2007/QD-NHNN dated October 30, 2007 of the Governor of the State Bank of Vietnam

1. Article 4 is amended as follows:

“Article 4. Entities to be issued with BINs

Entities to be issued with BIN are organizations allowed to issue cards in accordance with regulations on bank card operations.”

2. Article 6 is amended as follows:

“Article 6. Procedures for issuing BINs

1. Any card issuer that wishes to issue a BIN shall submit an application made using the Form No. 01 hereof to the Payment Department affiliated to the State Bank of Vietnam (hereinafter referred to as “SBV”), whether in person or by post or through SBV’s online public service portal.

2. Within 05 working days from the receipt of the satisfactory application form for issuance of BIN, SBV shall decide to issue BIN to the card issuer and notify the card issuer in writing or through SBV’s online public service portal.

3. SBV shall issue only 01 BIN to each card issuer entitled to be issued with BIN.”

3. Article 7 is amended as follows:

“Article 7. Management of BINs

1. Every card issuer is allowed to use numbers following the issued BIN so as to differentiate between products, services or technologies or to identify geographic location. The card issuer shall promulgate its regulations on management and use of BINs, including those issued by SBV and those established by the card issuer.

2. Within 180 days from the date on which the BIN is issued, the card user shall put it into use. The card issuer that fails to use the BIN within the time limit shall submit an application form for extension to the Payment Department affiliated to SBV. The time limit shall be extended by up to 90 more days from the date on which SBV grants a written approval for the application for extension.

3. The card issuer shall use the BIN issued by SBV for the intended purpose specified in the application form for issuance of BIN and shall not transfer the BIN in any form. In case of renaming of the card issuer, within 05 working days from the date of renaming, the card issuer shall send a notification of its renaming to the Payment Department affiliated to SBV.

4. If card issuers (that have BINs issued by SBV) undergo acquisition or consolidation, the acquiring or consolidated card issuer is entitled to select 01 BIN among the BINs that are being used by the consolidating or acquired card issuer.  Within 03 years from the date of acquisition or consolidation, cards bearing unselected BINs shall be converted into cards bearing the selected BINs. Upon the expiry of the aforementioned time limit, the card issuer shall send a notification of its termination of unselected BIN to the Payment Department affiliated to SBV.

5. If the card issuer changes its type of business in accordance with regulations on restructuring of credit institutions, the card issuer is entitled to keep using its current BIN issued by SBV. Within 05 working days from the date on which the change of its type of business is done, the card issuer shall send a notification of its use of issued BIN to the Payment Department affiliated to SBV, take total responsibility for or take all risks incurred in connection with the BIN during the change of its type of business and undertake to comply with all regulations hereof and regulations on card bank operations.

6. If the card issuer (that has a BIN issued by SBV) that is a foreign branch bank is allowed to be converted to a wholly foreign-owned bank, after being issued with the establishment and operation license, the wholly foreign-owned bank is entitle to use the wholly foreign-owned bank’s BIN without applying for issuance of BIN as prescribed in Article 6 hereof. During the transfer of BIN:

a) At least 05 working days before the date on which the BIN is transferred to the wholly foreign-owned bank, the foreign branch bank shall send a notification of transfer to the Payment Department affiliated to SBV. If the BIN has been transferred to the wholly foreign-owned bank but the foreign branch bank has not completed procedures for its shutdown, the foreign branch bank shall suspend the issuance of cards bearing the issued BIN;

b) After receiving the BIN, the wholly foreign-owned bank shall issue cards and provide services related to cards bearing the transferred BIN. At least 05 working days after the date on which the BIN is received, the wholly foreign-owned bank shall send a notification of its use of the transferred BIN to the Payment Department affiliated to SBV and undertake to comply with all regulations hereof and regulations on card bank operations.”

4. Article 8 is amended as follows:

“Article 8. Revocation of BINs

1. SBV shall revoke the BIN issued to a card issuer in one of the following cases:

a) It is found that information and evidence in the application for issuance of BIN are inaccurate or falsified;

b) The card issuer is dissolved, goes bankrupt or is shut down;

c) The card user fails to put the BIN into use within the time limit specified in Clause 2 of Article 7.

d) The card issuer fails to send a notification of termination of unselected BIN to SBV within the time limit specified in Clause 4 of Article 7, except for the case mentioned in Clauses 5 and 6 Article 7 hereof;

dd) The BIN is not used for the intended purpose specified in the application for issuance of BIN.

2. SBV's decision on BIN revocation shall be sent to the card issuer, except for the regulation laid down in Point b Clause 1 of this Article.”

5. Article 10 is amended as follows:

“Article 10. Responsibilities of affiliates of SBV

1. The Payment Department shall:

a) issue, manage and revoke BINs; receive card issuers’ notifications of use of BIN; supervise the use of BINs as prescribed in this Regulation;

b) be in charge of cooperating with relevant units in assisting the Governor of the State Bank of Vietnam in resolving difficulties that arise during the implementation;

c) cooperate with relevant units in inspecting the use of BINs as prescribed in this Regulation;

d) before January 15 of the next year, update the list of BINs issued by SBV on the website of SBV.

2. The Department of Information Technology shall cooperate with relevant units in supervising and inspecting the use of BINs as prescribed in this Regulation.

3. The Banking Supervision Agency shall, within its power, carry out inspections and take actions against violations committed by card issuers during their implementation of regulations hereof and notify results thereof to the Payment Department.”

Article 2.

1. Article 9 is annulled.

2. The Form No. 01 enclosed with the Decision No. 38/2007/QD-NHNN dated October 30, 2007 of the Governor of the State Bank of Vietnam is replaced with the Form No. 01 enclosed with this Circular.

Article 3. Responsibility for implementation

The Chief of Office, Director of Payment Department, heads of affiliates of SBV, Directors of SBV's provincial branches, Chairs of Board of Directors, Chairs of Boards of Members and Directors General (Directors) of card issuers are responsible for the implementation of this Circular.

Article 4. Implementation clause

1. This Circular comes into force from March 01, 2020.

2. This Circular supersedes Article 1 of the Circular No. 23/2011/TT-NHNN dated August 31, 2011 of the Governor of the State Bank of Vietnam./.