|
STATE BANK OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 22/2026/TT-NHNN |
Hanoi, May 19, 2026 |
AMENDMENTS TO CIRCULAR NO. 40/2024/TT-NHNN ON PROVISION OF PAYMENT INTERMEDIARY SERVICES
Pursuant to the Law on State Bank of Vietnam No. 46/2010/QH12;
Pursuant to the Law on Credit Institutions No. 32/2024/QH15 amended by the Law No. 96/2025/QH15;
Pursuant to the Anti-Money Laundering (AML) Law No. 14/2022/QH15;
Pursuant to the Government’s Decree No. 19/2023/ND-CP on elaboration of the Anti-Money Laundering (AML) Law;
Pursuant to the Government’s Decree No. 52/2024/ND-CP on cashless payment;
Pursuant to the Government’s Decree No. 26/2025/ND-CP on functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
At request of the Director of Payment Department;
The Governor of State Bank of Vietnam promulgates Circular on amendments to the Circular No. 40/2024/TT-NHNN on provision of payment intermediary services.
Article 1. Amendments to Article 41
“Article 41. Responsibility for cooperation in procedures for issuing license
1. In case the application is incomplete and invalid, the SBV (the Payment Department) shall send a written request to the applicant for amendment and completion of the application. Within 60 days from the date on which the SBV (the Payment Department) sends the written request, if the applicant fails to resubmit the application or the amended application fails to meet the requirements, the Director of the Payment Department shall decide to return the application to the applicant.
2. After receiving the complete and valid application in accordance with clause 2, Article 24 of the Decree No. 52/2024/ND-CP, the Payment Department shall seek, in writing, opinions from relevant Departments and units affiliated to the SBV (if necessary) as prescribed in clause 3 of this Article.
3. From the date of receipt of the written request from the Payment Department:
a) Within 20 working days, the Information Technology Department shall send written opinions to the Payment Department on assessment and appraisal of the documents specified in point c, point d, point dd (personnel documents prepared by technicians who implement the Scheme for provision of payment intermediary services), point h (regarding financial switch services and electronic clearing services), point i (regarding international financial switch services) clause 2 Article 24 of the Decree No. 52/2024/ND-CP and technical conditions satisfied by the applicant;
b) Within 10 working days, the Anti-Money Laundering Department shall send written opinions to the Payment Department on assessment and appraisal of compliance with the anti-money laundering law by the applicant’s documents specified in point c clause 2 Article 24 of the Decree No. 52/2024/ND-CP , including general principles and internal regulations on anti-money laundering, anti-terrorism financing, and anti-financing for proliferation of weapons of mass destruction;
c) Within 10 working days, relevant departments and units affiliated to SBV (if any) shall send written opinions to the Payment Department on contents related to functions and tasks.
4. After receiving the written opinions from relevant departments and units affiliated to SBV in accordance with clause 3 of this Article, the Payment Department shall consolidate opinions and take actions as follows:
a) Send a written request to the applicant for explanation and completion of the application if it contains insufficient information for assessment of compliance with regulations in clause 2 Article 22 of the Decree No. 52/2024/ND-CP; or
b) Submit a report to the Governor of SBV on result of appraisal of the applicant’s application, and seek, in writing opinions from the Ministry of Public Security and relevant agencies (if the application is assessed as the satisfactory application according to clause 2 Article 22 of the Decree No. 52/2024/ND-CP). After receiving opinions from the Ministry of Public Security and relevant agencies, the Payment Department shall consolidate opinions and request the Governor of SBV to decide to issue a license as prescribed or provide a written response, clearly stating reasons for the applicant in case of refusal.
5. Within 60 days from the date on which the SBV sends a written request for explanation and completion of the application specified in point a clause 4 of this Article:
a) In case the applicant fails to provide a written explanation or complete the application, the Director of the Payment Department shall decide to return the application to the applicant.
b) In case the applicant provides a written explanation or completes the application, the Payment Department, acting as a focal point, shall conduct an appraisal and seek opinions from relevant units affiliated to the SBV (if necessary) by following procedures prescribed in clause 3 of this Article, and take actions as follows:
b1) Submit a report to the Governor of SBV on result of appraisal of the applicant’s application, and seek, in writing opinions from the Ministry of Public Security and relevant agencies (if the application is assessed as the satisfactory application according to clause 2 Article 22 of the Decree No. 52/2024/ND-CP). After receiving opinions from the Ministry of Public Security and relevant agencies, the Payment Department shall consolidate opinions and request the Governor of SBV to decide to issue a license as prescribed or provide a written response, clearly stating reasons for the applicant in case of refusal.
b2) Submit a report to the Governor of SBV on result of appraisal of the applicant’s application, and provide a written response, clearly stating reasons for refusal for the applicant in case the application is unsatisfactory after the assessment according to clause 2 Article 22 of the Decree No. 52/2024/ND-CP.”.
Article 2. Amendments to Article 42
“Article 42. Responsibility for cooperation in procedures for re-issuing license
1. In case the license expires, the Payment Department shall receive and process the applicant’s application:
a) After receiving the complete and valid application in accordance with clause 1, Article 25 of the Decree No. 52/2024/ND-CP, the Payment Department shall seek, in writing, opinions from the Information Technology Department, the Anti-Money Laundering Department, and relevant Departments and units affiliated to the SBV (if necessary); at the same time, the Payment Department shall request the Governor of the SBV to seek, in writing opinions from the Ministry of Public Security and relevant agencies as prescribed in point a, clause 1, Article 28 of the Decree No. 52/2024/ND-CP;
b) Within 05 working days from the date of receipt of a written request for opinions from the Payment Department, the Information Technology Department, the Anti-Money Laundering Department, and relevant Departments and units affiliated to the SBV shall send their written opinions to the Payment Department.
c) After receiving opinions from relevant Departments and units affiliated to the SBV, the Ministry of Public Security and relevant agencies, the Payment Department shall consolidate opinions and request the Governor of SBV to decide to re-issue a license as prescribed or provide a written response, clearly stating reasons for the applicant in case of refusal.
2. In case the license is lost, torn, burnt, or otherwise damaged, the regional branch of SBV shall receive the application from the applicant whose head office is located within the territory under the jurisdiction of the regional branch and process it as follows:
a) After receiving the complete and valid application in accordance with clause 2, Article 25 of the Decree No. 52/2024/ND-CP, the regional branch of SBV shall seek, in writing, opinions from relevant Departments and units affiliated to the SBV (if necessary);
b) Within 05 working days from the date of receipt of a written request for opinions from the regional branch of SBV, relevant Departments and units affiliated to the SBV (if any) shall send their written opinions to the regional branch of SBV;
c) After receiving opinions from relevant Departments and units as specified in point b clause 2 of this Article, the regional branch of SBV shall consolidate opinions and decide to re-issue the license as prescribed or provide a written response, clearly stating reasons for the applicant in case of refusal.”.
Article 3. Amendments to Article 43
“Article 43. Responsibility for cooperation in procedures for amending license
1. In case the applicant’s head office is relocated to a new location other than that specified in the license for provision of payment intermediary services, the SBV’s branch of the region where the applicant’s head office is located shall receive and process the application as follows:
a) After receiving the complete and valid application in accordance with clause 21 Article 26 of the Decree No. 52/2024/ND-CP, the regional branch of SBV shall seek, in writing, opinions from relevant Departments and units affiliated to the SBV (if necessary), the Ministry of Public Security and relevant agencies.
b) Within 05 working days from the date of receipt of a written request for opinions from the regional branch of SBV, relevant Departments and units affiliated to the SBV (if any) shall send their written opinions to the regional branch of SBV;
c) After receiving opinions from relevant Departments and units affiliated to the SBV (if any), the Ministry of Public Security and relevant agencies, the regional branch of SBV shall consolidate opinions and decide to amend the license as prescribed or provide a written response, clearly stating reasons for the applicant in case of refusal.
2. In case of change of one of the following contents specified in the license for provision of payment intermediary services: the applicant’s name, cessation of provision of one or several payment intermediary services licensed, or connection to an additional international payment system established by an international financial switch service provider, the Payment Department shall receive and process the application as follows:
a) After receiving the complete and valid application in accordance with clause 1, Article 26 of the Decree No. 52/2024/ND-CP, the Payment Department shall seek, in writing, opinions from relevant Departments and units affiliated to the State Bank of Vietnam (if necessary); at the same time, the Payment Department shall request the Governor of the State Bank of Vietnam to seek, in writing opinions from the Ministry of Public Security and relevant agencies as prescribed in point a, clause 1, Article 28 of the Decree No. 52/2024/ND-CP;
b) Within 05 working days from the date of receipt of a written request for opinions from the Payment Department, relevant Departments and units affiliated to the SBV (if any) shall send their written opinions to the Payment Department;
c) After receiving opinions from relevant Departments and units affiliated to the SBV (if any), the Ministry of Public Security and relevant agencies, the Payment Department shall consolidate opinions and request the Governor of the State Bank to decide to amend the license as prescribed or provide a written response, clearly stating reasons for the applicant in case of refusal.
3. In case of change of multiple contents specified in the license for provision of payment intermediary services (including relocation of the head office to a new location other than that specified in the license and other contents), the Payment Department shall receive and process the application by following procedures specified in clause 2 of this Article.”.
Article 4. Addition of clause 4 of Article 51
“4. The regional branch of the SBV shall be responsible for receiving and processing administrative procedures for organizations whose head offices are located within the territory under its jurisdiction as assigned by the Governor of the SBV, and shall be legally responsible to the Governor of SBV for results of performance of tasks and powers as delegated in accordance with this Circular.”.
Article 5. Responsibilities for implementation
Heads of units affiliated to the SBV, credit institutions, foreign bank branches, and payment intermediary service providers shall be responsible for organizing the implementation of this Circular.
Article 6. Implementation clauses
1. This Circular comes into force from May 19, 2026.
2. Article 16, Article 17, and Article 18 of the Circular No. 41/2025/TT-NHNN of the Governor of SBV on amendments to the Circular No. 40/2024/TT-NHNN shall be annulled.
|
PP. GOVERNOR Pham Tien Dung |