Public Postal Service Provider Enterprise Adjusting Money Transfer Errors

This content is detailed in Circular 38/2019/TT-NHNN issued by the Governor of the State Bank of Vietnam, which stipulates the provision of payment services without customers' payment accounts at enterprises providing public postal services.

Postal Service Adjusts Money Transfer Errors, Circular 38/2019/TT-NHNN

Illustrative Image (source: internet)

Currently, the provision of non-cash payment services by Public Postal Service Providers, including money transfer, collection, and disbursement in Vietnamese dong without using customer payment accounts, is regulated. According to Circular 38/2019/TT-NHNN, Public Postal Service Providers (hereinafter referred to as the service provider) must ensure that money transfer services are quickly, strictly, accurately, securely, and legally processed; and must establish and promulgate internal procedures.

However, when mistakes or discrepancies in money transfers (collectively called errors) are detected, the related parties must have measures to promptly and appropriately adjust them to ensure accurate and consistent data, avoiding any impact on the money transfer operations or causing harm to customers. Adjustments to errors in money transfers must adhere to the following principles:

- Strictly comply with regulations and methods for correcting errors in accounting and money transfer: errors in any stage must be corrected in that same stage. Unauthorized corrections of data are strictly prohibited;- Individuals or organizations that cause errors or violate regulations and error correction methods will be subject to disciplinary actions and must compensate for damages caused to the related parties according to the law, depending on the nature and severity of the violation;

Moreover, the service provider must specifically prescribe the duration within which customers using the service are entitled to request inquiries and complaints, which must be no less than 60 days from the date the transaction requiring inquiry arises. At the same time, the service provider must have the responsibility to handle customers' inquiries and complaints in accordance with the following minimum regulations:

- At least two forms of information receipt for inquiries and complaints must be applied: via telephone hotline (with recording) and at the transaction locations of the service provider; ensuring authentication of basic information that customers have provided to the service provider;- Develop a standard form for inquiry and complaint requests for customers to use. If information is received via the telephone hotline, the service provider must require customers to supplement the inquiry/complaint form within the service provider’s designated period as the official basis for processing inquiries and complaints. In cases of authorization for others to make inquiries or complaints, customers must follow the legal provisions on authorization;- The service provider must promptly respond to or handle the customers' inquiries and complaints within an agreed period but not exceeding 30 days from the date of receipt of the service customer's complaint request;

Subsequently, within a maximum period of 05 working days from the date of notifying the inquiry/complaint result to the customer, the service provider must bear the responsibility of reimbursing the customer and compensating for damages (up to no more than the transferred amount) if the error was caused by them and/or errors not being due to force majeure circumstances as agreed with the service customer; In cases where the error is caused by the customer (the remitter), the service provider will cooperate with the remitter to handle the order if the money has not been disbursed to the beneficiary and will return the money to the remitter if the remitter so requests.

In cases where, after the inquiry/complaint resolution period expires, the cause or liability has not yet been determined, within the following 15 working days, the service provider will negotiate with the customer on a solution. If no agreement is reached on a settlement plan, the dispute resolution will be conducted according to legal regulations.

Details can be found in Circular 38/2019/TT-NHNN, which takes effect on February 19, 2020.

Thu Ba

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