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STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 15/2023/TT-NHNN
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Hanoi, December 5, 2023
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CIRCULAR
CREDIT INFORMATION-RELATED ACTIVITIES OF STATE BANK OF
VIETNAM
Pursuant to the Law on
the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on
Credit Institutions dated June 16, 2010 and the Law on Amendments to the Law on
Credit Institutions dated November 20, 2017;
Pursuant to Decree No.
102/2022/ND-CP dated December 12, 2022 of the Government of Vietnam on
functions, tasks, entitlements, and organizational structure of the State Bank
of Vietnam;
At the Chief Inspector
of the Banking Inspection and Supervision Agency;
The Governor of the
State Bank of Vietnam hereby promulgates a Circular on credit
information-related activities of the State Bank of Vietnam (hereinafter
referred to as “SBV”).
Chapter
I
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Article
1. Scope
This Circular provides
for credit information-related activities of SBV organized and implemented by
the Vietnam National Credit Information Center (hereinafter referred to as
"CIC").
Article
2. Regulated entities
1. Departments,
Divisions, and units under the organizational structure of SBV, SBV branches in
provinces, centrally affiliated cities, and asset management single-member
limited liability companies of Vietnamese credit institutions (hereinafter
referred to as “SBV units”).
2. Credit institutions
and foreign bank branches (hereinafter referred to as “credit institutions”).
3. Organizations
voluntarily participate in credit information-related activities (hereinafter
referred to as “voluntary organizations”).
4. Borrowers.
5. Other organizations
and individuals involved in credit information-related activities.
Article
3. Interpretation of terms
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1. Credit
information-related activities of SBV (hereinafter referred to as “credit
information-related activities”) refer to the collection, exchange,
handling, archiving, and confidentiality of credit information, establishment
of credit information products, and provision of credit information services of
SBV.
2. Credit information
refers to the collection of data concerning credit extended to borrowers at
credit institutions and debts of borrowers managed by voluntary organizations.
3. Borrower refers
to an organization (excluding credit institutions) and/or individual to whom
credit is extended by a credit institution or is obligated to pay debts at a
voluntary organization.
4. Related person of
borrower refers to an organization and/or individual having a direct or
indirect relationship with a borrower of a credit institution according to the
Law on Credit Institutions and regulations of SBV on limits and prudential
ratios of credit institutions.
5. Credit information
product refers to a credit report, scoring report, credit ranking, or other
products established by CIC based on the collected information according to Article
8 of this Circular.
6. Credit information
services are services of provision of credit information products and other
utilities of CIC.
7. National Credit
Information Database refers to the collection of credit information and
credit information products collected, handled, retained, and used on the
information system of CIC.
8. Voluntary
organizations refer to organizations with information exchange contracts
with CIC on the principle of voluntary declaration of credit information
provision and credit information service use, including:
a) Development investment
funds, development support funds, environmental protection funds, credit
guarantee funds, and organizations implementing programs and projects on
microfinance;
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c) Providers of services
of loans, guarantee insurance, asset lease, deferred-payment procurement,
installment-payment procurement, pawnbrokers with conditions for interests,
terms, rental, and obligation security according to laws.
9. Negative
information on borrowers refers to information on bad debts, violations of
payment obligations, and other disadvantaged information affecting the results
of the assessment of the solvency of borrowers (including information on
bankruptcy, administrative violations, and Courts’ judgments and decisions
legally effective to borrowers).
10. Foreign credit
information organizations are organizations established and operated under
foreign credit information laws.
Article
4. Purposes of credit information-related activities
Credit
information-related activities aim to establish the National Credit Information
Database to:
1. Enable SBV to carry
out the state management of fields of banking and currencies.
2. Assist credit
institutions and voluntary organizations in their business operations.
3. Assist borrowers in
accessing capital sources meeting their life-related, economic, and social
needs as prescribed by laws.
4. Assist other
organizations in accessing credit information as prescribed by laws.
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1. Comply with personal
data protection laws and relevant laws.
2. Ensure objectivity and
prevent any impact on legitimate rights and benefits of relevant organizations
and individuals.
3. Ensure accuracy,
truthfulness, adequacy, and timeliness of credit information provided for CIC
as prescribed in Articles 8, 9, and 10 of this Circular.
Article
6. Credit information safety and confidentiality
CIC, credit institutions,
voluntary organizations, and other organizations providing credit information
shall:
1. Adopt measures to
protect credit information to prevent loss and illegal access, use, or
disclosure.
2. Adopt measures to
restore data in case of error, loss, or damage and measures to restore
operations after the occurrence of the mentioned case.
3. Ensure safety and
confidentiality of credit information according to this Circular and information
safety and confidentiality laws.
Article
7. Forbidden acts in credit information-related activities
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2. Deliberately falsifying
credit information, affecting legitimate rights and benefits of relevant
organizations and individuals.
3. Exchanging and
providing information for incorrect subjects or third parties contrary to laws.
4. Taking advantage of
credit information-related activities to infringe on the benefits of the State
and legitimate rights and benefits of organizations and individuals.
5. Obstructing the
collection and utilization of legal credit information of organizations and
individuals.
Chapter
II
CREDIT
INFORMATION-RELATED ACTIVITIES
Article
8. Information collection
CIC is allowed to
collect:
1. Credit information
provided by credit institutions and voluntary organizations according to this
Circular.
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3. Information from state
management authorities and other legal sources of information as prescribed by
laws.
Article
9. Credit information provided for CIC
1. Credit institutions
shall provide all of the information from the system of credit information
categories in each period for CIC under decisions of the Governor of SBV.
Credit information categories include:
a) Information on the
identification of borrowers;
b) Information on related
persons of borrowers (to whom credit is extended by credit institutions capable
of credit extension);
c) Information on loans
and other credit extension operations (excluding the groups of categories
prescribed in Points d and dd);
d) Information on credit
cards;
d) Information on
purchase and authorized purchase of corporate bonds (excluding credit
institutions);
e) Information on
measures to guarantee credit extension;
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h) Information on the
off-balance sheet;
i) Annual financial
statement (according to the financial statement submitted to the tax authority
or the audited financial statement) of the borrower that is an enterprise.
2. Voluntary
organizations shall provide all or part of the information from the system of
credit information categories for CIC as prescribed in Clause 1 of this Article
based on information exchange contracts with CIC.
3. The provision of
credit information prescribed in Clause 1 and Clause 2 of this Article shall be
carried out in the form of electronic data files according to the system of
credit information categories. In case several or all of the groups of
credit information categories are unable to provide information in the form of
electronic data files, credit institutions and voluntary organizations may
provide information in writing based on agreements with CIC.
Article
10. Frequency of provision of credit information
The frequency of
provision of the information in the categories prescribed in Clause 1 Article 9
of this Circular is as follows:
1. Credit institutions
shall provide information with the frequency prescribed in the system of credit
information categories enclosed with decisions of the Governor of the SBV,
excluding regulations prescribed in Clause 2 and Clause 3 of this
Article.
2. The Vietnam Bank for
Social Policies shall provide credit information twice a month.
3. The People’s Credit
Fund and microfinance institutions shall provide credit information once a
month.
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1. CIC shall use
technological and technical measures concerning receipt, standardization, data
cleansing, pairing, and update to handle credit information of the National
Credit Information Database.
2. Credit information
shall be retained at CIC for at least 5 years from its date of occurrence.
3. Credit information
processing and retention shall ensure the integrity, adequacy, and accuracy of
the information, enabling the utilization and extraction of such information
according to CIC's needs.
Article
12. Eligible recipients of credit information and scope thereof
1. Units of SBV may be
provided with credit information products to serve the state management
requirements of SBV.
2. Other state management
authorities may be provided with credit information according to laws.
3. Credit institutions
and voluntary organizations may be provided with credit information services
based on contracts concluded with CIC.
4. Borrowers may be
provided with their credit information according to the guidelines of CIC.
5. Foreign credit
information organizations may be provided with and utilize and exchange credit
information products concerning borrowers based on memorandums of
understanding, cooperation agreements, and contracts concluded with CIC in
conformity with relevant Vietnamese laws and laws of countries where such
organizations are established and operated.
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Article
13. Credit information provision restrictions
1. Negative information
on borrowers shall only be provided for up to 5 years from the ending date of
such information, excluding other cases where the provision of such information
is requested by state management authorities as prescribed by laws.
2. Voluntary
organizations may only be provided with credit information services
corresponding to the scope of information that they provide for CIC under
information exchange contracts.
3. Organizations and individuals
violating Articles 5, 6, and 7 of this Circular and other laws shall be
suspended from utilizing credit information services based on agreement
contracts with CIC.
Chapter
III
RIGHTS AND
OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS IN CREDIT INFORMATION-RELATED
ACTIVITIES
Article
14. Rights and obligations of CIC
1. Develop decisions on
the system of credit information categories and present them to the Governor of
SBV.
2. Urge, inspect, and supervise
the provision of credit information of credit institutions and credit
information-related activities of voluntary organizations according to
contracts concluded with CIC.
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4. Establish credit
information products for provision at the requests of units of SBV according to
Clause 1 Article 12 of this Circular.
5. Provide training for
credit information staff according to the needs of credit institutions and
voluntary organizations.
6. Provide credit
information services following the public service provider model and implement
financial autonomy regulations according to regulations of the Government of
Vietnam.
7. Promulgate criteria
for and implement the assessment of the quality of credit information provision
for CIC; apply encouragement measures to organizations and individuals that
carry out credit information-related activities well; request competent
authorities to handle violations against regulations on credit
information-related activities.
8. Carry out other rights
and obligations according to this Circular and relevant laws.
Article
15. Rights and duties of units of SBV
1. Units of SBV may
request CIC to provide information and credit information products to carry out
the functions and tasks of state management of units of SBV.
2. The Banking Inspection
and Supervision Agency shall take charge and cooperate with CIC and relevant
units in inspecting credit information-related activities at credit
institutions.
3. SBV branches in
provinces and centrally affiliated cities shall take charge and cooperate with
CIC and relevant units in inspecting credit information-related activities at
credit institutions in their areas.
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Article
16. Rights and obligations of credit institutions
1. Establish information
infrastructures meeting the requirements for the establishment of data and
control of data provided for CIC; issue internal regulations and manage the
system of credit information categories in their whole system.
2. Adequately and
promptly pay fees for utilization and use of credit information services
according to contracts concluded with CIC.
3. Send officials and
employees to participate in courses of professional training in credit
information organized or jointly organized by CIC.
4. Carry out other rights
and obligations according to agreements with CIC and relevant laws.
Article
17. Rights and obligations of voluntary organizations
1. Ensure the consensus
of borrowers on the provision of credit information for CIC.
2. Adequately and
promptly pay fees for utilization and use of credit information services according
to agreements in contracts concluded with CIC.
3. Send officials and
employees to participate in courses of professional training in credit
information organized or jointly organized by CIC.
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Article
18. Rights and obligations of borrowers
1. Utilize their credit
information prescribed in Points a, c, d, dd, e, and h Clause 1 Article 9 and
Clause 4 Article 12 of this Circular once per year free of charge.
2. Use credit information
products concerning themselves according to the guidelines of CIC.
3. Adequately and
promptly pay fees for utilization and use of credit information services
according to the regulations of CIC.
4. Carry out other rights
and obligations according to the regulations of CIC and relevant laws.
Chapter
IV
ADJUSTMENTS
TO DATA ERRORS AND HANDLING OF VIOLATIONS
Article
19. Adjustments to data errors
1. If CIC detects or suspects
that data contains errors, it shall cooperate with credit institutions and
voluntary organizations in assessing and adjusting data as follows:
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b) Regarding data
suspected to contain errors, CIC shall return all of the data or parts of the
data suspected to contain errors. Within 3 working days, credit institutions
and voluntary organizations shall inspect, re-verify data, notify CIC of the
results, and adjust the data according to Clause 3 of this Article in case of
errors.
2. In case credit
institutions and voluntary organizations detect that data at CIC contains
errors, they shall notify CIC of such errors through electronic systems or
written documents to request adjustments. If CIC verifies that the
errors are caused by CIC, within 3 working days from the verification date, it
shall adjust the data according to the requests.
3. In case of detecting
data errors, credit organizations and voluntary organizations shall re-send the
data on credit information with confirmation (by written documents or
e-signatures) of the General Directors (Directors) or authorized persons,
specifying the reasons for such errors and requesting CIC to adjust them.
4. In case borrowers
detect errors in their credit information, they shall request CIC, credit
institutions, and voluntary organizations (hereinafter referred to as
“receiving organizations”) to adjust the information. Requests for
adjustments shall be made through electronic systems or sent in the form of
written documents specifying the reasons for requests and providing documents
and evidence proving the errors of data.
a) Within 5 working days
from the date on which requests are received, receiving organizations shall
notify borrowers of the validity of such requests. In case additional
information is needed for the settlement, receiving organizations shall notify
borrowers of the necessity for the provision of additional information and
relevant documents;
b) Within 10 working days
from the date on which valid requests are received, receiving organizations
shall carry out the settlement as per regulation. In case it is necessary
to inspect and verify the requested contents at relevant agencies and organizations,
receiving organizations may extend the time limit for settling requests
according to actual situations while notifying borrowers of the reasons for the
extension;
c) Within 2 working days
from the date the data is adjusted, receiving organizations shall notify
borrowers of the adjustment results.
Article
20. Handling of violations
Organizations and
individuals violating this Circular shall, depending on the nature and severity
of their violations, be subject to restriction of access to credit information
according to Article 13 of this Circular and handled as prescribed by laws.
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IMPLEMENTATION
PROVISIONS
Article
21. Transitional provision
1. CIC shall proactively
carry out the conversion of credit information created in the last 5 years
before the effective date of this Circular according to the system of credit
information categories as prescribed in decisions of the Governor of SBV.
Credit institutions and voluntary organizations shall cooperate in
providing converted information for CIC in case of necessity.
2. Within 60 days from
the effective date of this Circular, CIC shall reach agreements with voluntary
organizations to re-sign or amend contracts concluded with them to ensure
conformity with regulations on the frequency and scope of credit information
provision, declaration of compliance with information safety and security
regulations of this Circular, and responsibilities for cooperation in providing
converted information for CIC according to Clause 1 of this Article.
Article
22. Entry into force
1. This Circular comes
into force as of January 1, 2025.
2. The following
documents shall be annulled from the effective date of this Circular:
a) Circular No.
03/2013/TT-NHNN dated January 28, 2013 of the Governor of SBV;
b) Circular No.
27/2017/TT-NHNN dated December 31, 2017 of the Governor of SBV.
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Chief of Office, Chief
Inspector of the Banking Inspection and Supervision Agency, General Director of
the Vietnam National Credit Information Center, directors of units of SBV,
credit institutions, and relevant organizations and individuals shall implement
this Circular.
PP. GOVERNOR
DEPUTY GOVERNOR
Pham Tien Dung