Vietnam legal Document page
     State Bank           Socialist Republic of Vietnam
     No 162/QD            Independence-freedom-Happiness
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                                 Hanoi, August 19th 1993.

DECISION Of THE GOVERNOR Of THE STATE BANK ON COLLECTION Of ACCOUNTING SERVICE fEE THROUGH THE BANK

THE GOVERNOR Of THE STATE BANK

- Based on the Ordinance on State Bank of Vietnam promulgated in Order No.37/LTC-HDNN8 dated May 24th, 1990 and the Ordinance on Banks, Credit cooperatives and financial companies promulgated in Order No.38/LCT-HDNN8 dated May 24th, 1990 of the Chairman of State Council.

- Based on Decree of the government No.15/CP dated March 2nd, 1993 regulating duties, rights and responsibilities in State management of ministries, ministerial ranking agencies.

- In order to have monetary sources to pay the accounting service fee between the bank and its customers.

Decides

Article 1:

Scale of collecting the accounting fee through the Bank.

1. State Bank, State-own Commercial Banks, Banks of Development and Investment, Stock Commercial Bank, Branches of foreign banks, Joint-venture Banks (hereinafter reffered to as Bank) collect the accounting fee through bank from customers of following ite ms.

- Accounting among customers, who have current account in different Banks.

- Transferring the furnished money, transferring capital.

- Transferring money to different unit for use.

2. Bank will not collect the fee of accounting services in the following cases.

- Accounting between customers, who have current account in the same bank unit (headquarters, branches, Bank trading office...).

- Customers take current accounting out to pay the debt, the divident, service fees or buy accounting card... for the Bank, where he open his current account.

- Sums of borrow, payment among credit organizations, taking part in the inter-bank market.

Article 2:

Level of collecting fees of accounting services through the Bank.

1. fee of domestic accounting service.

- Accounting fee among customers, who have current account in different banks.

1.1.1. Transferring to compensating accounting in the same area.

- The maximum level of the Bank's collection from customers is 2000dong/sum.

- The main bank pay, in this service for the paying branch bank: 1000dong/sum.

1.1.2. Transferring by letter.

- The Bank collect 0,03% the accounted and transferred money minimum 3000dong/sum, maximum 200.000dong/sum.

1.1.3. Transferring by telegraphy or by communicating through computer network.

The Bank collect 0,05 the accounted and transferred money minimum 20.000dong/sum, maximum 500.000dong/sum.

1.1.4. Transferring cash through the Bank.

- The Bank collect 0,1% from transferred money - minimum 200.000dong/sum, maximum 1.000.000dong/sum.

In the case, when customers are Credit Organization, State treasury, Post office, transferring cash through the State Bank fee of transferred money will be reduced 50% but minimum and maximum level still applied as above.

1.2. fees of accounting service using accounting card, Banks collect according to regulation in decision No.74/QD-NH 1 dated 10/4/1993 of Governor of State Bank.

1.3. Except the fees of domestic accounting services through the Bank mentioned above customers do not have to pay any other fees for the Bank. The Bank have duty to pay every expenditure of domestic accounting services including postage and expenses of t he accounting papers according to regulation of the Bank.

2. Overseas accounting service fee.

2.1. Transferring money to overseas.

- The Bank collect 0,2% from transferred and accounted money minimum USD 2/Sum, maximum USD 200/sum.

Besides it if customers transfer money by telegraph, the Bank collect overseas telegraph fees according to collection level of Post Office.

2.2. Received money from overseas.

- The Bank collect 0,2% from accounted money, minimum USD 2/sum, maximum USD 100/sum.

3. The level of collection from accounting service fee mentioned above is maximum level, Banks can collect in lower level or exempt from collection but do not collect in higher regulated level. In the scale of collected level of accounting service fee reg ulated by Governor of State Bank, Branch Banks regulate to the detail the level to collect accounting service fee applying to customers trading in the Bank.

Article 3:

Unit have duty to collect and pay the accounting service fee.

1. fees of domestic accounting service.

- The fees of accounting by proxy of payment, cheques, money transference will be collected from customers, who are doing the payment by the bank where the customers are doing the payment or money transference.

- The Bank, where paying customers are doing the payment services, will collect the fees from the customers who are received this payment (the customers who make the proxy of collection) in case when the accounting is done by the proxy of collection.

2. Overseas accounting service fees

- The Bank that carry out transferring money to overseas, collect the service fee from money transference customers.

- The Bank, which receive money from oversea, collect the service fees from the beneficiary.

Article 4:

The way to collect and pay the fees of accounting service.

1. On principle doing the accounting through the bank customer have to pay the fees of accounting service to the Bank at once.

In order to reduce procedures, the Bank will collect accounting service by two ways.

- Collect in each time, when the Bank carry out accounting service (applied for customer in the Bank irregularly).

- Term-collection, which agreed by contract between the bank and customer.

The bank makes a list of accounting sum through-the bank of customers as a basis to collect services fees, takes the initiating of making up documents, in extracting current account of customers to collect service fees and sending debt paper to customers. On the basis of contract, which signed by customer and bank when date of fee of accounting services comes but customer pay service fees to bank with delays, they will be fined according to current regulations.

for the accounting overseas services fee, customers can pay the bank in Vietnamese Dong according to rate of exchange of the Bank at the time of accounting.

2. All of the fees, collected from accounting services through the bank, will be calculated to the income account of the Bank.

Article 5.

Organized implementation.

This decision becomes effectual in implementation since 1st September 1993. Regulations in accounting service fee collection which published before by State Bank and contrary to this regulations shall be abolished.

Chief of governor cabinet, Chief of bureaus, departments, units, which belong directly to Central State Bank, Directors of State Bank Branch, General directors, Director of credit organizations, have responsibility to implement this decision.

for The State Bank of Vietnam Governor

CAO SI KIEM