The Government has just issued Decree No. 143/2021/ND-CP amending and supplementing some articles of Decree No. 88/2019/ND-CP dated November 14, 2019, providing for the sanctioning of administrative violations in the banking and money sectors.
.jpg)
Decree No. 143/2021/ND-CP dated December 31, 2021, of the Government amending and supplementing Clause 7, Article 28, violating regulations on banking card operations. Specifically, a fine of 100-150 million dong for one of the following acts:
– Implement, organize or facilitate the use of anonymous prepaid cards on the internet, mobile applications, or cash withdrawals.
– Switching cards, clearing card transactions, and finalizing card transactions are not following the law on banking card operations.
– Transfer the card accepting device, QR Code to another party to use; accept card payments without card payment contracts; unauthorized use of devices accepting cards, QR Code.
– Performing, organizing the performance, or creating conditions for other people to perform fraudulent and forged card transactions; short payment transactions at card-accepting units (no purchase and sale of goods and service provision).
– Stealing, colluding to steal card information, but not to the extent of criminal prosecution.
Decree No. 143/2021/ND-CP also amends and supplements Clause 6, Article 28. Specifically, a fine of between VND 50-100 million shall be imposed for one of the following acts:
– Renting, leasing, buying, selling cards or card information, opening cards for them (except for anonymous prepaid cards) with an amount of 10 or more cards that are not yet subject to criminal prosecution.
– Issuing cards, playing cards in contravention of the law.
– Do not refuse to pay the card in case the card is used to perform card transactions that are prohibited by law, the card has been reported lost by the cardholder, the card is expired, the card is locked, used using the card not following the scope agreed in the contract or written agreement on card issuance and use.
In addition to the above-sanctioned acts, this Decree also adds Article 28a, which violates regulations on payment agency activities, after Article 28.
Specifically, a fine of between VND 5-10 million for one of the following violations: Providing dishonest information related to the supply or use of payment agency activities; receiving, processing, tracing, complaints of customers not following the provisions of law; collecting fees other than the fee schedule specified and announced by the principal…
A fine of between VND 40-50 million shall be imposed for taking advantage of the position of a payment agent to perform, organize or create conditions for other organizations or individuals to perform fraudulent transactions impersonation, appropriation of client funds, transactions for money laundering, terrorist financing, financing the proliferation of weapons of mass destruction, and other illegal acts.
A fine of between VND 50-100 million shall be imposed for one of the following violations: Performing the act of assigning agents or acting as payment agents that do not conform to the contents stated in the establishment and operation license or the establishment license make or decide on the organization and operation of the authority competent to decide and the document amending and supplementing the License (if any); payment agent is an organization that is not a credit institution or foreign bank branch acting as an agent for a third party; forge or impersonate a payment agent;…
Decree No. 143/2021/ND-CP takes effect from January 1, 2022.
Collected from source
Ha Anh