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THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom – Happiness
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No.
1117/2004/QD-NHNN
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Hanoi,
September 08, 2004
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DECISION
ON THE ISSUANCE OF THE REGULATION ON CREDIT INFORMATION
ACTIVITY
THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the
State Bank of Vietnam dated 12 December 1997 and the Law on the amendment,
supplement of several Articles of the Law on the State Bank of Vietnam dated 17
June 2003;
- Pursuant to the Law on Credit Institutions dated 12 December 1997 and the Law
on the amendment, supplement of several Articles of the Law on Credit
Institutions dated 15 June 2004;
- Pursuant to the Decree No. 52/2003/ND-CP dated 19 May 2003 of the Government
providing for the function, assignment, authority and organizational structure
of the State Bank of Vietnam;
- Upon the proposal of the Director of the Credit Information Center,
DECIDES:
Article 1.
To issue in conjunction with this Decision the Regulation
on the credit information activity.
Article 2.
This Decision shall be effective from 1 January 2005 and
replace the Decision No. 415/1999/QD-NHNN23 dated 18 November 1999 of the
Governor of the State Bank on the issuance of the Regulation on the credit
information activity in banking area.
Article 3.
The Director of Administrative Department, Heads of units
of the State Bank of Vietnam, the Director of the Credit Information Center,
General Managers of the State Bank's branches in provinces, cities under the
central Government’s management, the Chief Representative of the Office in
Hochiminh city, Chairpersons of the Board of Directors and General Directors
(Directors) of Credit Institutions, related organizations and individuals shall
be responsible for the implementation of this Decision.
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FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Nguyen Thi Kim Phung
REGULATION
ON THE CREDIT INFORMATION ACTIVITY
(issued in conjunction with the Decision No. 1117/2004/QD-NHNN dated 08
September 2004 of the Governor of the State Bank )
Chapter I.
GENERAL PROVISIONS
Article 1.
Governing scope
This Regulation shall govern the
credit information activity of the State Bank, credit institutions, other organizations
in order to contribute to the prudence of banking activities, the managerial
work of the State Bank and the prevention, containment of credit risks and the
socio-economic development.
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1. Units of the State Bank of
Vietnam.
a. The Credit Information Center
of the State Bank (hereinafter referred to as CIC).
b. Branches of the State Bank
(hereinafter referred to as SBV’s branches).
c. Departments and units of the
State Banks
2. Credit Institutions
(hereinafter referred to as CIs), branches of CIs.
3. Other organizations, which
and individuals, who have a demand for the use of credit information service.
Article 3.
Interpretation
Terms stated in this Regulation
shall be construed as follows:
1. Credit information is
information of customers who have credit relation with Credit Institutions or
other organizations engaging in banking activities, including: information of
legal documentation, finance, outstanding credit, guarantee, loan security and
the business performance of customers.
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3. Credit information exchange
is the transmission, sending of information of credit risk warnings between
CIC, SBV’s branches and CIs, CIs’ branches
4. Credit information service is
the provision of credit information products; the support to solutions for
credit information administration and credit risk administration; support,
consulting, transfer of technology on credit information administration
software; consulting, support to the search of credit information.
5. Customers who have credit
relation with credit institutions, other organizations engaging in banking
activities:
a. Enterprise customer includes:
the State owned enterprises, cooperatives, limited liability companies,
joint-stock companies, private enterprises, partnership companies, foreign
invested enterprises and other organizations, which fully satisfy conditions in
accordance with provisions of Civil Code (except for CIs).
General corporations, holding
companies, subsidiaries that maintain the independent accounting are considered
as a customer.
b. Private customer includes:
individuals, family households, and cooperative unions.
Article 4.
Compulsory credit information report
Credit institutions shall be
responsible for reporting to CIC following compulsory credit information:
1. Information of legal
documentation of borrowing customers
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b. For private customers as
provided for in item b, paragraph 5, Article 3, the report shall be made
according to the pro- format K1B.
2. Information of financial
capacity of borrowing customers
The information of financial
capacity of borrowing customers shall be reported in accordance with current
information norms that CIs have collected
In case where CIC requires any
report, CIs, CIs’ branches shall timely, fully provide it with financial
information from annual financial statements provided by borrowing customers
(information content shall comply with pro-formats of enterprise’s financial
statements stipulated by the Ministry of Finance).
3. Information of the
outstanding credit of customers shall be reported according to the pro- format
K3
4. Information of loan security
assets of customers shall be reported according to the pro- format K4A and K4B
5. Information of the guarantee
to customers shall be reported according to the pro- format K6.
6. Information of borrowing
customers whose total outstanding loans are equal to or more than 5% of the own
capital of the CI shall be reported according to the pro- format K8.
7. In case where CIC requires,
CIs shall report the information of overdue debts according to the pro- format
K9 and information of amounts that are paid in lieu of customers by the
guaranteeing CI, since the guaranteed customers fail to fulfill their obligations
upon the maturity date, according to the pro- format K7.
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On the basis of these reporting
pro-formats, the Director of CIC shall be responsible for converting them into
electronic report files and providing the unified implementing guidance on the
activity of credit information.
Article 5.
Reporting mode
CIs shall be responsible for
reporting the credit information to CIC in form of electronic files, units that
are not able to do so shall submit written reports.
The reporting made in form of
electronic files for above-mentioned reports shall have the same validity as
written reports.
Chapter
II.
RESPONSIBILITIES AND
RIGHTS OF ORGANIZATIONS, INDIVIDUALS ENGAGING IN CREDIT INFORMATION ACTIVITY
Article 6.
Departments, units of the State Bank
1. Departments, units of the
State Bank shall be responsible for coordinating with CIC to deploy the credit
information activity; providing CIC with credit information to set up an
information data bank in accordance with applicable provisions.
2. Departments, units of the
State Bank shall have the right to exploit, use credit information for the
State management work.
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Article 7.
The Credit Information Center
1. Responsibility
a. To act as a coordinator in
guiding, speeding up the implementation of the credit information activity for
subjects provided for in Article 2 according to its competence;
b. To provide guidance on the
design of the technical, operational process, the system of key codes and
common standards relating to the credit information activity of organizations
engaging in the credit information activity
c. To collect, process the
credit information and organize, build, manage the national credit information
data bank;
d. To make report of the credit
information to the State Bank.
e. To provide the credit
information service (except for information, which is stipulated as the State
confidential one) to credit institutions, other organizations and individuals
as stipulated in Article 2.
f. To exchange the credit
information with the SBV’s branches, CIs, and CIs’ branches
g. To assist organizations
engaging in the credit information activity in the exploitation and use of
information
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i. To make monthly report to the
SBV’s Governor of the result of the credit information activity.
2. Authority:
a. To request organizations
engaging in the credit information activity to fully, accurately and timely
provide the information as provided for in Article 4 of this Regulation.
b. To take the lead and
cooperate with units of the State Bank, CIs in the implementation of the credit
information activity.
c. To charge information fees in
accordance with provisions of the Governor of the State Bank.
d. To be permitted to refuse to
provide the credit information, credit information service to subjects that do
not correctly comply with provisions of this Regulation.
Article 8. The
State Bank’s branches in provinces and cities
1. Responsibility:
a. To make necessary personnel
and organizational arrangements and create conditions to perform the credit
information operation at the branch.
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c. To exchange the credit
information with the CIC.
2. Authority:
a. To exploit and use the credit
information for the managerial work of the SBV in the locality.
b. To be entitled to request the
support from the Credit Information Center for the training of officials
involved in the credit information operation.
c. To be permitted to organize
the provision of the credit information of the CIC to credit institutions and
branches of credit institutions in the locality.
Article 9.
Credit Institutions
1. Responsibility:
a. To design the program of
credit information software; to direct, guide, deploy, speed up, examine the
implementation of the credit information activity at their operation centers,
branches and subsidiaries.
b. To collect, gather, control
the credit information from their operation centers, branches, subsidiaries and
fully, honestly, timely report to the CIC. The reporting contents and reporting
mode of the credit information to the CIC shall be in accordance with
provisions in Article 4 and Article 5 of this Regulation.
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d. To design the technical,
security process, customer codes and to comply with common standards relating
to the credit information activity under the guidance of the Credit Information
Center for the uniform and safe implementation.
e. The General Directors
(Directors) of credit institutions shall be responsible for the sufficiency,
honesty, and timeliness of the credit information, which are reported to the
State Bank.
f. To exchange credit
information with the CIC.
2. Authority:
a. To be entitled to exploit and
use credit information;
b. To be entitled to request the
CIC to verify the accuracy, timeliness of the credit information provided by
the CIC.
c. To be supported by the CIC in
training, guiding officials involved in the credit information operation.
Article 10.
Other organizations and individuals
Other organizations and
individuals provided for in paragraph 3, Article 2 that require the
exploitation and use of the credit information shall submit their requirement
for the exploitation and use of the credit information to the CIC, to
voluntarily take part in the credit information activity in accordance with
provisions stated in this Regulation and be entitled to exploit and use the
credit information from the CIC.
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Organizations, which,
individuals, who are entitled to exploit and use the credit information shall
comply with following provisions:
1. To use the information for
the purpose of the management of the State Bank, for the prevention and
containment of credit risks, for the facilitation of the production, business
activity and socio-economic development, not to cause any damage to the
interests of other organizations and individuals.
2. Not to change, use the credit
information of CIC to reproduce to other organizations, individuals.
Article 12.
Collection of credit information service fees
Organizations, individuals that use
the credit information shall be liable to pay a credit information service fee
in accordance with applicable provisions of the State Bank.
Chapter III
REWARD AND DEALING WITH
VIOLATION
Article 13.
Reward
Annually, the CIC shall report
the Governor of the State Bank of the result of the credit information activity
for his consideration of reward to organizations, individuals that make
achievements in the credit information activity.
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Organizations, individuals that
violate provisions in this Regulation shall, depending on the nature,
seriousness of violation, be subject to administrative punishment in accordance
with current provisions of the Government on the administrative punishment in
monetary sector and banking activity.
Chapter IV
IMPLEMENTING PROVISIONS
Article 15.
The Director of the Credit Information Center shall be
responsible for stipulating code tables, electronic reporting files and
providing guidance on the implementation of this Regulation.
Article 16.
The amendment, supplement of this Regulation shall be
decided upon by the Governor of the State Bank.
CREDIT INSTITUTION: (CI’S
BRANCH)
....................................................................
Code:...........................................................
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CUSTOMER FILE
(Applicable to enterprise customers)
1. Name of Customer: Code
of customer:
- Transaction name:
- Abbreviated name:
2. Address of the Head-office: Head
office Code:
Telephone Number: Fax
number:
Website: Email:
3. Tax code:
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5. The direct management agency:
6. Economic type of customer:
7. Economic sector:
8. Business Registration
Certificate number: Date of issue:
9. Business line:
10. Name, Title of members of
the Board of Directors, founding member
-
-
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11. General Director (Director):
12. Total number of labors:
13. Charter Capital:........................................ million
VND or............................. USD
DRAWER
CONTROLLER
…………,
date ……….
GENERAL DIRECTOR (DIRECTOR)
Note:
- Subjects of application: CIs, Operation centers, branches of CIs,
units involved in credit activity subject to the management of CIs
- Reporting time: 3 working days from the date when customer makes the first
credit relation or in the event of changes in information at the latest.
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Code:...........................................................
FORM K1B
CUSTOMER FILE
(Applicable to private customers)
1. Name of Customer: Code
of customer:
Date of birth: Nationality:
2. Identity card number: Date
of issue: Place of issue
3. Address
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5. Business Registration
Certificate number: Date of issue:
6. Business line:
7. Full name of spouse
DRAWER
CONTROLLER
…………,
date ……….
GENERAL DIRECTOR (DIRECTOR)
Note:
- Subjects of application: CIs, Operation centers, branches of CIs,
units involved in credit activity subject to the management of CIs
- Reporting time: 3 working days from the date when customer makes the first
credit relation or in the event of changes in information at the latest.
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Code:...........................................................
FORM K3
REPORT OF CUSTOMER’S OUTSTANDING LOANS
(as of.............................)
Unit:
VND 1 million, 1 USD
Order
Customer
name
Customer
code
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Amount
VND
Foreign
currency and gold converted into USD
(1)
(2)
(3)
(4)
(5)
(6)
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Sum
DRAWER
CONTROLLER
…………,
date ……….
GENERAL DIRECTOR (DIRECTOR)
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APPENDIX
ON THE CLASSIFICATION OF OUTSTANDING LOANS
(Attached to Form K3 - Report on the customer’s outstanding loans)
Order
Symbol
Classification of
outstanding loans
Charged
accounts
VND
Foreign
currency and gold
(1)
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(3)
(4)
(5)
SHORT -TERM LENDING
OUTSTANDING
01
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Outstanding balance of current
debts and debts rescheduled
2111
2141
02
21N2
Outstanding balance of
recoverable debts overdue up to 180 days
2112
2142
03
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Outstanding balance of
recoverable debts overdue from 181 days to 360 days
2113
2143
04
21N8
Outstanding balance of debts
difficult to collect
2118
2148
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MEDIUM -TERM LENDING
OUTSTANDING
05
21T1
Outstanding balance of current
debts and debts rescheduled
2121
2151
06
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Outstanding balance of
recoverable debts overdue up to 180 days
2122
2152
07
21T3
Outstanding balance of
recoverable debts overdue from 181 days to 360 days
2123
2153
08
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Outstanding balance of debts
difficult to collect
2128
2158
LONG -TERM LENDING OUTSTANDING
09
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Outstanding balance of current
debts and debts rescheduled
2131
2151
10
21D2
Outstanding balance of
recoverable debts overdue up to 180 days
2132
2152
11
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Outstanding balance of
recoverable debts overdue from 180 days to 360 days
2133
2153
12
21D8
Outstanding balance of debts
difficult to collect
2138
2158
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OUTSTANDING DEBTS FROM THE
DISCOUNT OF COMMERCIAL PAPERS AND VALUABLE PAPERS
13
2201
Outstanding balance of current
debts
2211
2221
14
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Outstanding balance of overdue
debts
2218
2228
OUTSTANDING BALANCE DEBTS FROM
FINANCE LEASING
15
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Outstanding balance of current
debts and debts rescheduled
2311
2321
16
2302
Outstanding balance of
recoverable debts overdue up to 180 days
2312
2322
17
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Outstanding balance of
recoverable debts overdue from 180 days to 360 days
2313
2323
18
2308
Outstanding balance of debts
difficult to collect
2318
2328
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OUTSTANDING DEBTS FROM AMOUNTS
PAID IN LIEU OF CUSTOMERS
19
2401
Outstanding balance of current
debts and debts rescheduled
2411
2421
20
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Outstanding balance of
recoverable debts overdue up to 180 days
2412
2422
21
2403
Outstanding balance of
recoverable debts overdue from 180 days to 360 days
2413
2423
22
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Outstanding balance of debts
difficult to collect
2418
2428
OUTSTANDING DEBTS FROM FUNDS DIRECTLY
RECEIVED FROM INTERNATIONAL ORGANIZATIONS
23
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Outstanding balance of current
debts and debts rescheduled
2511
25241
24
25A2
Outstanding balance of
recoverable debts overdue up to 180 days
2512
2542
25
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Outstanding balance of
recoverable debts overdue from 180 days to 360 days
2513
2543
26
25A8
Outstanding balance of debts
difficult to collect
2518
2548
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OUTSTANDING DEBTS FROM FUNDS
DIRECTLY RECEIVED FROM THE GOVERNMENT
27
25B1
Outstanding balance of current
debts and debts rescheduled
2521
2551
28
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Outstanding balance of
recoverable debts overdue up to 180 days
2522
2552
29
25B3
Outstanding balance of recoverable
debts overdue from 180 days to 360 days
2523
2553
30
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Outstanding balance of debts
difficult to collect
2528
2558
OUTSTANDING DEBTS FROM FUNDS
OF OTHER ORGANIZATIONS
31
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Outstanding balance of current
debts and debts rescheduled
2531
2561
32
25C2
Outstanding balance of
recoverable debts overdue up to 180 days
2532
2562
33
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Outstanding balance of
recoverable debts overdue from 180 days to 360 days
2533
2563
34
25C8
Outstanding balance of debts
difficult to collect
2538
2568
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OUTSTANDING BALANCE DEBTS FROM
SPECIAL FUNDS SOURCE
35
27A1
Outstanding balance of current
debts and debts rescheduled
2711
36
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Outstanding balance of
recoverable debts overdue up to 180 days
2712
37
27A3
Outstanding balance of
recoverable debts overdue from 180 days to 360 days
2713
38
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Outstanding balance of debts
difficult to collect
2718
OUTSTANDING LOANS FOR THE DEBT
REPAYMENT
39
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Outstanding balance of current
debts and debts rescheduled
2721
40
27B2
Outstanding balance of
recoverable debts overdue up to 180 days
2722
41
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Outstanding balance of
recoverable debts overdue from 180 days to 360 days
2723
42
27B8
Outstanding balance of debts
difficult to collect
2728
43
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Outstanding balance of debts
pending settlement secured by foreclosed assets
281
44
2802
Outstanding balance of debts
secured by the pledged assets which are caught in a suitcase pending
litigation
282
45
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Outstanding balance of
unsettled debts with assets security
283
46
2804
Outstanding balance of
unsettled debts without assets security and without debtor for debts recovery
284
47
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Outstanding balance of
unsettled debts without assets security but the debtor still exists and is
operating
285
48
2901
Outstanding balance of
short-term lending debts frozen
291
49
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Outstanding balance of
medium-term lending debts frozen
292
50
2903
Outstanding balance of
long-term lending debts frozen
293
Note: Column (4) and
column (5) state accounts charged under the accounts system of credit
institutions issued by the Governor of the State Bank in conjunction with the
Decision No. 479/2004/QD-NHNN dated 29 April 2004.
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FORM K4A
CREDIT INSTITUTION: (CI’S
BRANCH)
....................................................................
Code:...........................................................
Registration time:
After 3 working days from the arising of loan security
assets at the latest
REGISTRATION OF LOAN SECURITY ASSET
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1. Customer name: Customer
code:
- Address:
- Related documents No.: Issuing
agency: Date of issue
- Tel No.: Fax
No.
- Use following assets as the
security for the loan stated in the credit contract No. …………. dated ………….. with
the credit limit of ………….
2. Types of loan security
asset
o Land use right
o Asset tied to land
o Land use right and
asset tied to land
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o assets with the
ownership, other use right registration
o Other assets
3. Description of loan
security assets
3.1. Land use right
3.1.1. Name of the owner of the
land use right
3.1.2. Land location
3.1.3. Land area m2
(in words m2)
3.1.4.Land plot number: map Type
of land
3.1.5. Certificate of the land
use right No. issuing agency date of issue
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3.2.1. Type of asset (dwelling -
house/residence, construction site, perennial orchard, forest, etc)
3.2.2. Description of asset
(address, area, number of the certificate of the ownership, issuing agency,
date of issue, etc)
3.3. Means of mechanic transport
3.3.1 Name of the vehicle owner
3.3.2. Name of the vehicle: Brand:
3.3.3. Quality of vehicle: o 100% new o already used: %
3.3.4. Identity of vehicle
(number plate, body number, motor number, etc)
3.4. Assets with the ownership,
other use right registration
3.4.1. Name of the asset owner:
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3.4.3. Number of ownership, use
right registration issuing agency: date of issue:
3.5. Other assets (clearly state
the name of asset owner, name of asset, quality, quantity, brand and type of
asset, etc).
4. Mode of result receipt of the
registration with the CIC
o Direct receipt
o via post
o on website of CIC
DRAWER
CONTROLLER
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FOR
THE REGISTRATION CONFIRMATION OF CIC
Registration code:............................................ Registration
time: …….. hour…….. minute
Name of settler.....................................................................................................................
FORM K4B
CREDIT INSTITUTION: (CI’S
BRANCH)
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Code:...........................................................
Time for registration cancellation:
After 3 working days at the latest from the arising of
requirement for the cancellation of loan security asset
REQUEST FOR THE CANCELLATION OF LOAN SECURITY ASSET
REGISTRATION
1. Customer name:....................................................... Customer
code:................................
2. Address:...........................................................................................................................
3. Number of related
document/certificate:........... Issuing agency:............ Date of issue.........
4. Tel No.:.................................................................... Fax
No.............................................
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6. This asset has been
registered with the CIC with No.:...........................................................
Registration time:................................. hour................. minute,
day…… month……. year.......
7. Reasons for the registration
cancellation
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
8. Time when the loan security
asset ceases its effectiveness: day…… month……. year...........
...
...
...
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o Direct receipt
o via post
o on website of CIC
DRAWER
CONTROLLER
…………,
date ……….
GENERAL DIRECTOR (DIRECTOR)
...
...
...
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Registration code:............................................ Registration
time: …….. hour…….. minute......
Name of settler.....................................................................................................................
FORM K6
CREDIT INSTITUTION: (CI’S
BRANCH)
....................................................................
Code:...........................................................
Time for report sending:
...
...
...
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REPORT ON THE GUARANTEE FOR FUNDS BORROWING OF
ENTERPRISES
(as of day………. month……….. year)
Unit:
1 million VND, 1 USD
Order
Name of
enterprise
Customer code
Address of Head
office
Business
Registration No.
Date of
guarantee arising
...
...
...
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Amount
VND
Foreign
currency converted under USD
(1)
(2)
(3)
(4)
(5)
(6)
...
...
...
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(8)
(9)
I. Domestic enterprises
...
...
...
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...
...
...
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...
...
...
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...
...
...
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II. Foreign enterprises
...
...
...
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...
...
...
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...
...
...
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Sum
...
...
...
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DRAWER
CONTROLLER
…………,
date ……….
GENERAL DIRECTOR (DIRECTOR)
CREDIT INSTITUTION: (CI’S
BRANCH)
...
...
...
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Code:...........................................................
FORM K7
AMOUNTS PAYABLE IN LIEU OF CUSTOMER WHEN VIOLATING
GUARANTEE
(Data to the date ………………. )
Unit:
1 million VND, 1 USD
Order
Customer
name
Customer
code
Outstanding
debt
...
...
...
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Reason
VND
USDS
(1)
(2)
(3)
(4)
(5)
(6)
...
...
...
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...
...
...
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...
...
...
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...
...
...
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...
...
...
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...
...
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DRAWER
CONTROLLER
...
...
...
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Note:
- Subjects of application: CIs, Operation centers, CIs’ branches, units
involved in credit activity subject to the management of CIs.
- Other foreign currencies shall be converted into USD under the cross rate at
the reporting time
- Time for report sending: upon the request of CIC
FORM K8
CREDIT INSTITUTION: (CI’S
BRANCH)
....................................................................
Code:...........................................................
Reporting time:
Periodically once per 5 working days
...
...
...
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(As
of ……………………)
Unit:
VND 1 millions
Order
Customer
name
Address
of Head office
Total
outstanding loans (converting foreign currency and gold into VND)
The
latest date of in outstanding loans change
Note
(1)
...
...
...
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(3)
(4)
(5)
(6)
...
...
...
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...
...
...
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...
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DRAWER
CONTROLLER
…………,
date ……….
GENERAL DIRECTOR (DIRECTOR)
Note: For co-financing
loans, CI shall only report the amount in which the CI took part, not report
the amount of other CIs. The note column shall clearly state loans designated
by the Government, entrusted for investment, etc.
...
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CREDIT INSTITUTION: (CI’S
BRANCH)
....................................................................
Code:...........................................................
FORM
K9
CUSTOMERS WITH OVERDUE DEBTS
(As of …………….)
Unit:
1million VND, 1 USD
Order
Customer
name
...
...
...
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Amount
of overdue debt
Date
of overdue debt arising
Note
VND
USD
(1)
(2)
(3)
(4)
...
...
...
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(6)
(7)
...
...
...
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...
...
...
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...
...
...
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...
...
...
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DRAWER
CONTROLLER
…………,
date ……….
GENERAL DIRECTOR (DIRECTOR)
Note:
- Subjects of application: CIs, Operation centers, CIs’ branches, units
involved in credit activity subject to the management of CIs.
- Other foreign currencies shall be converted into USD under the cross rate at
the reporting time
- Time for report sending: upon the request of CIC.