Quyết định 38/2007/QD-NHNN

DECISION

ON THE ISSUANCE OF REGULATION ON THE GRANT, USE AND MANAGEMENT OF BANK CARD ISSUERS CODE

THE GOVERNOR OF THE STATE BANK OF VIETNAM

- Pursuant to the Law on the State Bank of Vietnam in 1997 and the Law on the amendment, supplement of several articles of the Law on the State Bank of Vietnam in 2003;
- Pursuant to the Law on Credit Institutions in 2007 and the Law on the amendment, supplement of several articles of the Law on Credit Institutions in 2004;
- Pursuant to the Decree No. 64/2001/ND-CP dated September 20th, 2001 of the Government on payment activity through payment service suppliers;
- Pursuant to the Decree No. 52/2003/ND-CP dated May 19th, 2003 of the Government providing for the function, assignment, authority and organizational structure of the State Bank of Vietnam;
Upon the proposal of Chief of Payment Board,

DECIDES:

Article 1. To issue in conjunction with this Decision Regulation on the grant, use and management of bank card issuers code.

Article 2. This Decision shall be effective after 15 days since its publication on Official Gazette.

Article 3. The Director of the Administrative Department, Chief of Payment Board, Head of units of the State Bank, General Manager of the State Bank branch in provinces, cities under the Central Governments management; Chairperson of the Board of Directors, General Director (Director) of card issuers shall be responsible for the implementation of this Decision./.

REGULATION

ON THE GRANT, USE AND MANAGEMENT OF BANK CARD ISSUERS CODE
Issued in conjunction with the Decision No. 38/2007/QD-NHNN dated October 30th, 2007 of the Governor of the State bank of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

1. This regulation shall adjust activities of grant, use and management of bank card issuers code (hereinafter referred to as PIN code) of card issuers in Vietnam.

2. The grant, use and management of PIN code of international card issuers for Vietnamese card issuers entitled to issue cards with international card issuers trademark are out of governing scope of this Regulation.

Article 2. Subjects of application

This Regulation shall be applied to organizations, individuals relating to the grant, use and management of PIN code.

Article 3. Use of PIN code.

The State Bank of Vietnam shall manage the grant of PIN code in respect of following types of card in accordance with this Regulation:

1. Cards issued by Vietnamese card issuers for the transaction within the territory of the Socialist Republic of Vietnam.

2. Cards issued by Vietnamese card issuers (except for cards with international card issuers trademark) for the transaction inside and outside of the Socialist Republic of Vietnam.

Chapter II

SPECIFIC PROVISIONS

Article 4. Subjects entitled to be granted PIN code

Subjects entitled to be granted PIN code are banks, non-banking credit institutions, cooperative credit institutions and other organizations that are not credit institutions permitted to issue bank cards (hereinafter referred to as card issuers) in accordance with provisions at Article 9 of the Regulation On the issuance of the Regulation on the issuance, payment, use and supply of supporting service to bank card activity issued in conjunction with the Decision No. 20/2007/QD-NHNN dated May 15th, 2007 of the Governor of the State bank of Vietnam.

Article 5. Composition of PIN code

1. PIN code is a chain of 6 numbers according to ISO/IEC 7812-1:2006(E) standard of International Standard Organization and International Electronic Technique Organization, issued in 2006, being formatted as 9704xx, of which:

a) The first 04 numbers of PIN code reflect national code of card issuer performing card issuance operation in Vietnam.

b) The last 02 numbers from 00 to 99 are decided upon by the State bank of Vietnam for each card issuer.

2. Where number bank (including 100 numbers) according to ISO/IEC 7812-1:2006(E) standard, stipulated in Paragraph 1 of this Article, is all granted to card issuers, the Governor of the State Bank of Vietnam shall provide for new composition of PIN code in line with conditions of grant, use and management of PIN code at that time.

Article 6. Procedures to grant PIN code

1. In case of having demand for grant of PIN code, the card issuer has to send to the State Bank of Vietnam (Payment Board) a file set consisting of:

a) An application for grant of PIN code according to Model No. 01;

b) 01 copy of establishment and operation license for card issuer being a credit institution or license of banking operation for card issuer which is not a credit institution.

2. Within 05 working days since the full receipt of valid document, the State Bank of Vietnam shall perform the grant of PIN code to the card issuer.

Article 7. Management of PIN code

1. The State Bank of Vietnam grants only 01 PIN code to each card issuer entitled to be granted PIN code. The card issuer shall be permitted to use numbers after PIN code for distinguishing types of product, service, card technology or geographical location.

2. The card issuer changing its transaction name shall be still entitled to use current PIN code granted by the State Bank of Vietnam, however, it has to give a written notice of the change in its name to the State Bank of Vietnam.

3. Within 180 days since the grant of PIN code, the card issuer shall be responsible to put PIN code into use. If the card issuer fails to use PIN code upon the time-limit above stipulated, it has to send a written request for the extension to the State Bank of Vietnam (Payment Board). The maximum extended time limit is 90 days since the receipt of the request for extension of card issuer by the State Bank of Vietnam.

4. The card issuer has to use PIN code granted by the State Bank of Vietnam according to the right purpose as mentioned in the application for grant of PIN code and shall not be permitted to transfer PIN code in any form.

5. Where card issuers (having PIN code granted by the State Bank of Vietnam) carry out the merger, integration or acquisition, card issuer formed from the merger, integration or acquisition as mentioned above shall be entitled to choose an unique PIN code among existent PIN codes of card issuers. Within 3 years since the merger, integration or acquisition, the new card issuer shall be responsible for converting cards with unselected PIN codes to the unique chosen PIN code. Upon the expiry of the period stipulated above, the card issuer shall be responsible for giving a written notice of granted PIN codes that have not yet been in use to the State Bank of Vietnam.

Article 8. Revocation of PIN code

1. The State Bank of Vietnam shall revoke PIN code granted to a card issuer when one of the following cases occurs:

a) The information, evidence contained in the application file for the grant of PIN code is inaccurate or divergent.

b) The card issuer is dissolved, bankrupt or wound up.

c) The card issuer has not yet put PIN code into use after the period stipulated in Paragraph 3 of Article 7.

d) Upon the expiry of the period stipulated in Paragraph 5 of Article 7.

e) PIN code is not used for the right purpose as mentioned in the application for the grant of PIN code.

2. Upon revocation of PIN code, the State Bank of Vietnam has to make a decision on the revocation of PIN code and send it to the card issuer.

Article 9. Time of application of PIN code

1. For card products deployed or registered to issue before the effectiveness of this Regulation, the card issuer shall be entitled to use the old PIN code (other than the PIN code granted by the State Bank of Vietnam) as of June 30th, 2011 or the PIN code granted by the State Bank of Vietnam for newly issued cards belonging to these card products.

2. Since the effectiveness of this Regulation, the card issuer shall be responsible to put the PIN code granted by the State Bank of Vietnam to use for newly issued cards belonging to card products that have just been registered to issue.

3. On June 30th, 2011 at the latest, all card issuers using old PIN code have to take necessary measures for amendment of technology system and internal process in order to convert cards using old PIN code into cards using the stipulated PIN code according to this Regulation.

4. From July 1st, 2011, card issuers that do not use PIN code according to this Regulation shall be obliged to stop card issuance operation and take full responsibility for damages and risks resulting from incompliance with the PIN code stipulated in this Regulation.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Responsibilities of Departments of the State Bank of Vietnam

1. Payment Board shall be responsible:

a) To provide guidance for the implementation of this Regulation.

b) To grant, revoke PIN code; supervise the use of PIN code in accordance with provisions of this Regulation.

c) To coordinate with related units to provide advices to the Governor of the State Bank of Vietnam on dealing with cases of violating this Regulation.

d) To give a written notice of the grant or revocation of PIN code to card issuers.

e) On a 6 month basis, to publish the list of PIN codes granted by the State Bank of Vietnam in the website of the State Bank of Vietnam.

2. Banking Informatics Technology Department shall be responsible:

a) To prepare a software program serving the management requirements of the State Bank of Vietnam in terms of PIN code.

b) To coordinate with the Payment Board in the supervision, inspection of the use of PIN code in accordance with provisions of this Regulation.

3. Banks Department shall be responsible:

a) To provide the Payment Board with information of the establishment and operation of card issuers.

b) To provide the Payment Board with information of changes of card issuer, including bankruptcy, dissolution, splitting, separation, merger, integration, acquisition, change in trading name, revocation of license of banking operation.

4. The State Bank Inspectorate shall be responsible:

a) To carry out the inspection, examination, assessment of the use of PIN code of card issuers and treatment of violation acts within their competence and to inform the Payment Board of results.

b) To give advices to the Governor of the State Bank of Vietnam on the treatment of violation acts of provisions in this Regulation.

Article 11. Responsibility of Head of card issuer

General Directors (Directors) of card issuers shall be responsible for following up, supervision, examination of the use of PIN code by their units in accordance with this Regulation.

FORM NO. 01

SOCIALIST REPUBLIC OF VIETNAM
Independence Freedom Happiness
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……., Date…………

APPLICATION FOR THE GRANT OF CARD ISSUERS CODE

To: The State Bank of Vietnam (Payment Board)

- Pursuant to the establishment and operation License of credit institution/ License of banking operation Nodated;

- Pursuant to the Decision No, dated..of the Governor of the State Bank of Vietnam on the issuance of the Regulation on the grant, use and management of card issuers code.

We would like to request the State Bank of Vietnam to consider granting the card issuers code (PIN code) to the card issuer:

1. Name of card issuer:

2. Location of Head Office:

3. Estimated time for putting the PIN code into use:

4. Summary of purposes of the use of PIN code attached to a specific card product:

After being granted PIN code, we undertake to use PIN code within the regulated time, for the right purpose of use and to strictly comply with the Regulation on the grant, use and management of bank card issuers code and to take responsibility for the accuracy of the file enclosed with this application.