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Certificate of Payment Services Business

ໃບຢັ້ງຢືນດຳເນີນທຸລະກິດການໃຫ້ບໍລິການຊຳລະ

General information
Name of formality Certificate of Payment Services Business
Type of formality License
Date of last modification 30.12.2020
Responsible Authorities Payment Systems Department
(021 253595;)
LSIC
Who should complete this business formality?
The payment service that requires a certificate is a payment service that provides services within a limited scope and limited impact, which has the following characteristics:
1. Providing e-money services to support their own business, which has an advance amount as determined by the Department of Payment Systems in each period, as payment for goods, services, or other fees to the goods or service providers as follows:
1.1. To pay for any kind of goods or services in the same place or area as the payment service provider or as a business under the same franchise model;
1.2. To pay for goods or services to a store where the payment service provider holds more than fifty percent (50%) of the registered capital of the store.
2. Provision of payment services as defined in Article 5 of this Agreement through the introduction of new innovations.
Qualifications needed by the business to get the formality
A person who intends to be a payment service provider as defined in Article 18 of the Agreement on Payment Services and shall have the following conditions:
1. To be a registered enterprise in the Lao PDR;
2. There are shareholders who hold Lao nationality holding at least ten percent (10%) of the total number of shares;
3. There is at least one executive who is a Lao citizen and has a domicile in the Lao PDR;
4. Have a business plan
5. Have a connection system of a sub-payment system (if any)
Additional Comment
The payment service that requires a certificate is a payment service that provides services within a limited scope and limited impact.

LEGAL FRAMEWORK
Name Number Date Comment
Law on Commercial Bank (Amended) 56/NA 07.12.2018 ""
Decision on Payment Services 288/BOL 17.03.2020
Instruction on the Improvement, Change in Sub-system, Payment Service Providers, the Development and Approval of Payment Service Products 648/PSD 24.08.2020
Notice on the Deterred Balance in Providing E-Money Services 649/PSD 24.08.2020 only for Electronic Money / E-Money

REQUIRED DOCUMENTS FORMALITIES - First time
Name Type Comment
Application Form Confirmative act
                                                                        by the PSD (original) 
Documents about Company Profile (For Legal Entities) Confirmative act
                                                                        - Address Certificate of the Director (Original)
- Resume of the Director (Original)
- Certificate of Source of Funding (Original)
- Copy of enterprise registration certificate
- Copy of tax registration certificate up to present
- Copy the company's regulations in the required template
- Copy of the Director's educational certificate and training certificate
- The court clearance of the company and the Director (original, not exceeding three months)
- Copy of shareholders' account registrations, shareholders list, resumes of shareholders, and the Top 10 shareholding ratio
- The organizational structure of the company and the number of employees
The structure of the group of companies (parent company, subsidiary, or joint venture) with the responsibilities and relationships of each partner related to the licensee
- Business report and financial statement of 1 year prior to the application of a license, except for the newly established company. 
Documents for Details of the Organizational Structure and Management Confirmative act
                                                                        - Organizational structure
- the Management by showing the roles of the units involved in the provision of payment services, management, and monitoring of products in detail, showing the units and personnel that perform the duties, including identifying the responsibilities that control the information technology system. 
Documents for Details on payment services (by type of payment services) Confirmative act
                                                                        - Name and type of payment service
- Terms of use
- Model of service
- Scope of services
- Group of service users
- Amount
- Location
- Fees 
Documents for Regulations, Processes, and Procedures for Providing Payment Services (in written form) Confirmative act
                                                                        - Operational system diagram (service scope)
- Manuals for information technology operators used to provide services
- Guidelines for information technology operators used to maintain system security
- Guideline for Users, leaflet, or Advertising Brochure for Customers
- Regulation for the management of each product (in written form) 
Documents for a person who is involved in or related to the payment service provision Confirmative act
                                                                        - Number and list of payment service participants (Agent, Partner, or Provider - Merchant)
- Copy of the contract or agreement between the payment service provider and the payment service partner, stating the rights and responsibilities between the service provider and the payment service partner (Agent, Partner, or Provider - Merchant)
- Copy of service agreement from the external service provider (Outsourcing) such as a contract with the system to the partner (External Vendor), joint venture agreement with another company.
- Service Registration Application (For Individuals)
- Service Registration Application (for a legal entity or recipient (Merchant) 
Documents on information technology systems Confirmative act
                                                                        - Operational system diagram (information technology system)
- Regulations and standards on the security of information technology systems in the provision of services (at least there must be standards for the security of information technology systems of the Bank of the Lao PDR).
- Certificate or Report of Penetration Test and Security Test
- Certification of the connection of the sub-payment system
- Guidelines for integration with other relevant operating systems 
Business plans for 03 years Confirmative act
                                                                        - Detailed business plan for 3 years
- Investment in the system
- Sources of funding periodically
- Revenue - Expenditure
- Transaction volume
- Additional service from the original features
- Economic analysis (Feasibility Study) that highlights the analysis of competitors, marketing, internal and external environment, and the assumptions used in the preparation of such plans and evaluation costs.
 
Action plan to support the business operation Confirmative act
                                                                        - Details of the action plan to support the business operation by showing the details of the preparation in each period (Timeline), if any. 
Documents on risk management (only for products that provide payment services) Confirmative act
                                                                        - Liquidity Risk
- Strategic Risk
- Operational Risk
- Information Technology Risk
- Legal Risk
- Reputation Risk 
Business Impact Analysis (BIA) and Business Continuity Management (BCM) Confirmative act
                                                                        - Business Continuity Management (BCM) Policy
- Business Continuity Plan (BCP)
- Define guidelines for monitoring, evaluation, and testing of business continuity support plans.
- Internal control system, which controls the inspection of abnormal items by specifying the responsibilities of the relevant departments in managing, controlling, and inspecting operations. 
Documents on using services from external service providers to operate on behalf of the technology system to provide paid services (if any) Confirmative act
                                                                        - Duration, the scope of service, and responsibilities of the parties involved in the payment of services.
- Principles for selecting, monitoring, and assessing the risk of using the service
- Service agreement from an external service provider
- Plan to support the continuity of business operations on the use of services from external service providers 
Anti-Money Laundering Policy and Measures to Prevent Money Laundering and Terrorism Confirmative act
                                                                        - Anti-money laundering policies and measures and funding for terrorism as determined by the Anti-Money Laundering Information Office periodically. 
Documents for consumer protection and dispute resolution Confirmative act
                                                                        - Payment user regulations
- Regulations for storing personal information of service users and payment information
- Regulation of dispute resolution  
Letter of appointment of the person in charge of coordinator Confirmative act
                                                                        at least 02 persons 
Remark Confirmative act
                                                                        - Mark: additional documents and documents that have already been submitted;
The applicant must complete all documents correctly according to the above list, as well as sort by order. In case that any document does not provide a reason in a written form (other than the documents specified above, the applicant must submit the document at the request of the Department of Irrigation System unconditionally); Documents must be in Lao as the main language and a foreign language as a secondary language (except for technical documents of the information technology system in English);
- The staff in charge of coordination must coordinate with the DPS to make an appointment to submit the documents and check the accuracy and completeness of all documents.
- The submission of documents must be submitted in all 02 ways:
- Hard Copy to the Payment Systems Department of Bank of the Lao PDR (Xiengyoun Village, Chanthabouly District, Vientiane Capital)
- Soft Copy sent to psd.policydivision@gmail.com or as a CD 

REQUIRED DOCUMENTS FORMALITIES - Renew
Name Type Comment
 
Mean of presentation
Means of presentation
Address of authority Payment Systems Department, Bank of the Lao PDR
Processing Time (Day(s)) 30 The Department of Payment Systems shall consider the application for a payment service provider within 30 days from the receipt of an accurate and complete application.
 
RENEWAL INFORMATION
Does the formality have a validity or an expiration date? YES
How long will the formality be valid for? (in months) 36
What is the process and conditions to get the formality?
What is the process and conditions to renew the formality? The certificate can be renewed and the payment service provider who intends to continue the payment service must submit an application to the Department of Payment Systems at least 45 days for consideration before the expiry date.
 
ISSUING FEES
Has application fees? Service fees Certificate fees Application fees Total fees
YES 2000000.00 0.00 0.00 2000000.00
Comments
ອີງຕາມມາດຕາ 24 ຂອງຂໍ້ຕົກລົງວ່າດ້ວຍ ການໃຫ້ບໍລິການຊຳລະ: ຄ່າທຳນຽມ, ຄ່າບໍລິການ ແລະ ຄ່າຄຸ້ມຄອງປະຈຳປີ ມີດັ່ງນີ້: 
1. ຄ່າທຳນຽມໃນການອະນຸຍາດເປັນຜູ້ໃຫ້ບໍລິການຊຳລະ ຈຳນວນ ສູນຈຸດໜຶ່ງສ່ວນຮ້ອຍ (0,1%) ຂອງທຶນຈົດທະບຽນ (ຄ່າທຳນຽມນີ້ເກັບສະເພາະ ຜູ້ສະເໜີທີ່ບໍ່ແມ່ນທະນາຄານທຸລະກິດ ແລະ ບໍ່ແມ່ນສະຖາບັນການເງິນ ທີ່ ທຫລ ຄຸ້ມຄອງ);
2. ຄ່າບໍລິການຄົ້ນຄວ້າ ການຂໍອະນຸຍາດເປັນຜູ້ໃຫ້ບໍລິການຊໍາລະ ຈຳນວນ ສອງລ້ານ ກີບ ຕໍ່ຄັ້ງ;
3. ຄ່າບໍລິການຄົ້ນຄວ້າ ການຕໍ່ໃບອະນຸຍາດ ຈຳນວນ ໜຶ່ງລ້ານ ກີບ ຕໍ່ຄັ້ງ;
4. ຄ່າຄຸ້ມຄອງປະຈຳປີ ຈຳນວນ ສູນຈຸດໜຶ່ງສ່ວນຮ້ອຍ (0,1%) ຂອງລາຍຮັບທັງໝົດປະຈຳປີ ສະເພາະລາຍຮັບທີ່ຕິດພັນກັບການໃຫ້ບໍລິການຊໍາລະ. ຄ່າຄຸ້ມຄອງປະຈຳປີ ແມ່ນເລີ່ມເກັບແຕ່ປີໄດ້ຮັບອະນຸຍາດ ເປັນຕົ້ນໄປ ໂດຍຄິດໄລ່ຕາມຈຳນວນເດືອນ ທີ່ໄດ້ຮັບອະນຸຍາດໃນປີນັ້ນ. 
- ສຳລັບ ສະຖາບັນການເງິນ (ເຊັ່ນ: ທະນາຄານທຸລະກິດ, ສະຖາບັນການເງິນຈຸລະພາກ, ບໍລິສັດເຊົ່າສິນເຊື່ອ, ໂຮງຊວດຈຳ)  ທີ່ຢູ່ພາຍໃຕ້ການຄຸ້ມຄອງຂອງທະນາຄານແຫ່ງ ສປປ ລາວ ແມ່ນຖືກຍົກເວັ້ນ ຄ່າທຳນຽມ ແລະ ຄ່າຄຸ້ມຄອງປະຈຳປີ.
- ການຊຳລະຄ່າທຳນຽມ, ຄ່າບໍລິການ ແລະ ຄ່າຄຸ້ມຄອງປະຈຳປີ ແມ່ນໃຫ້ປະຕິບັດຕາມມາດຕາ 25 ຂອງຂໍ້ຕົກລົງວ່າດ້ວຍການໃຫ້ບໍລິການຊຳລະ ເລກທີ 288/ທຫລ ລົງວັນທີ 17 ມີນາ 2020
 
RENEWAL FEES
Has renewal fees? Service fees Certificate fees Renewal fees Total renewal fees
YES 1000000.00 0.00 0.00 1000000.00
Comments
The research fee for certificate renewal must be paid on the date of application submitted
     
 

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