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THE STATE BANK
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
23/2016/TT-NHNN
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Hanoi, June 30,
2016
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CIRCULAR
AMENDMENTS TO
CIRCULAR NO. 16/2010/TT-NHNN DATED JUNE 25, 2010 BY GOVERNOR OF STATE BANK OF
VIETNAM PROVIDING GUIDELINES FOR IMPLEMENTATION OF GOVERNMENT’S DECREE NO.
10/2010/ND-CP DATED FEBRUARY 12, 2010 ON CREDIT INFORMATION SERVICES
Pursuant to the Law on State Bank of Vietnam No.
46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Credits Institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Law on enterprises No.
68/2014/QH13 dated November 26, 2014;
Pursuant to the Law on investment No. 67/2014/QH13
dated November 26, 2014;
Pursuant to the Government’s Decree No.
156/2013/ND-CP dated November 11, 2013 defining the functions, tasks, powers
and organizational structure of the State Bank of Vietnam (SBV);
Pursuant to the Government's Decree No.
10/2010/ND-CP dated February 12, 2010 on credit information services
(hereinafter referred to as “Decree No. 10/2010/ND-CP”);
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The Governor of the State Bank of Vietnam
promulgates a Circular providing amendments to the Circular No. 16/2010/TT-NHNN
dated June 25, 2010 by the Governor of the State Bank of Vietnam providing
guidelines for implementation of the Government’s Decree No. 10/2010/ND-CP
dated February 12, 2010 on credit information services (hereinafter referred to
as “Circular No. 16/2010/TT-NHNN”).
Article 1. Amendments to Circular No.
16/2010/TT-NHNN
1. Clause 1 Article 1 is amended as follows:
“1. Procedures for issuance of Certificate of
eligibility to perform credit information-related activities (hereinafter
referred to as “Certificate of eligibility”) to credit information companies.”.
2. Clause 2 Article 3 is amended as follows:
“2. “management staff" includes
holders of the titles of Chairperson of Board of Directors, Chairperson of
Board of Members, Company’s President, members of Board of Directors, members
of Board of Members, general partners, General Director (Director), Deputy
General Director (Deputy Director), and holders of other managerial positions
competent to act on behalf of the company to enter into its transactions
according to the provisions of its Charter and members of Control Board of a
credit information company.”.
3. Heading of Chapter II is changed into “THỦ TỤC
CẤP GIẤY CHỨNG NHẬN” (“PROCEDURES FOR ISSUANCE OF CERTIFICATE OF ELIGIBILITY”).
4. Article 5 is amended as follows:
“Article 5. Application for Certificate of
eligibility
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a) The application form made according to Form No.
01/TTTD enclosed herewith;
b) Enterprise registration certificate;
c) Documents proving the fulfillment of the
conditions in Article 7 of Decree No. 10/2010/ND-CP and Government’s
regulations amending and superseding these conditions (if any), including:
i) The enterprise’s Charter;
ii) The contract signed with a network service
provider;
iii) The list and explanation about information
technology and software equipment serving the collection, processing, storage and
provision of credit information products;
iv) A commercial bank’s certification of balance on
deposit accounts in VND, gold and foreign currencies; a professional valuation
service provider's certification of other assets contributed as business capital;
or the audit firm's certification of enterprise's charter capital;
v) The list of title holders of the enterprise’s
management staff;
vi) Summarized CVs of management staff members made
according to form No. 02/TTTD enclosed herewith, accompanied by their
qualifications, certificates, certificates of working experience in specialized
fields of relevant organizations;
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viii) The written commitments of commercial banks,
made according to form 04/TTTD enclosed herewith, to provide credit information
for the enterprise;
ix) The written agreements on collection,
processing, storage and provision of credit information signed between the
enterprise and credit institutions that have committed to provide credit
information.
2. The application for Certificate of eligibility
shall be made in five (05) sets and sent directly or by post to SBV (via SBV
Banking Supervision Agency), in which:
a) At least two (02) sets of application include:
i) The originals of documents prescribed in Point
a, Points c(iii), c(iv), c(v), c(vii) Clause 1 of this Article and summarized
CVs of management staff members made according to form No. 02/TTTD;
ii) Copies of other documents prescribed in Clause
1 of this Article. If any copy of the abovementioned documents is not a
certified true copy or a copy made from its master register, it must be
presented with its original for verification purposes. The person making such
verification shall make certification on the verified copy and assume
responsibility for his/her certification.
b) Documents included in other sets of application,
except those prescribed in Point a Clause 2 of this Article, are photocopies
which bear the enterprise’s stamp.”
Article 2.
Article 4 and Article 11 of Circular No.
16/2010/TT-NHNN are abrogated.
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1. This Circular comes into force from July 01,
2016.
2. This Circular nullifies Clauses 1, 2 Article 1
of the Circular No. 27/2014/TT-NHNN dated September 18, 2014 by the Governor of
the State Bank of Vietnam providing amendments to the Circular No.
16/2010/TT-NHNN.
Article 4. Implementation organization
The Chief of Office, Head of SBV Banking
Supervision Agency, heads of relevant units affiliated to the State Bank of
Vietnam, Directors of branches of the State Bank of Vietnam in provinces and
central-affiliated cities, General Director of National Credit Information
Center of Vietnam, Chairpersons of the Boards of Directors, Chairpersons of the
Boards of Members and General Directors (Directors) of credit information
companies, and relevant organizations and individuals shall organize the
implementation of this Circular./.
PP. THE
GOVERNOR
DEPUTY GOVERNOR
Nguyen Phuoc Thanh