Công văn số 966/NHNN-CSTT ngày 10/09/2002 của Ngân hàng Nhà nước Việt Nam về việc hướng dẫn thấu chi tài khoản thanh toán mở tại các tổ chức cung ứng dịch vụ ngân hàng

Dealing with the overdraft of payment account in paragraph 12, Article 3 and Article 15 of the Decree No. 64/2001/ND-CP dated 20 September, 2001 of the Government on the payment activities through payment service suppliers. In order to unify the implementation, in accordance with current provisions, the Governor of the State Bank shall provide detailed guidance as follows:

1. Overdraft amount of payment account shall be the loan of the user of payment service from payment service suppliers. The permission for the overdraft of payment account shall be considered as the acceptance of lending and be in compliance with the regulation on the security of refund ability of the whole principals and interests of overdraft amount within the period agreed upon by two parties.

2. The State bank shall carry out the overdraft of payment account to credit institutions, other organizations permitted to perform payment services, which opened payment account at the State Bank for performing inter-bank payment transactions. Conditions and provisions of the overdraft of payment account shall be performed in accordance with provisions on the overdraft in inter-bank payment of the State Bank.

3. Payment service suppliers being credit institutions shall perform the overdraft specifically as follows:

- In respect of the user of payment service being organizations, individuals: conditions and provisions on the overdraft of payment account shall be stipulated by that payment service suppliers and in compliance with the Regulation on lending by credit institutions to customers of the State Bank.

- In respect of the user of payment service being credit institutions, other organizations which are permitted to perform payment services: conditions and provisions on the overdraft of payment account shall be agreed upon by two parties but not in contrary with applicable laws.

4. Payment service suppliers shall not be credit institutions which are not permitted to carry out the overdraft of payment account to the user of payment services. In case these payment service suppliers have any requirement, they shall submit the written request to the State Bank of Vietnam for consideration and decision for each specific case.

5. This Official Dispatch shall be effective after 15 days from the date of signing.

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