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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 57/2016/ND-CP
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Hanoi,
July 1, 2016
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DECREE
AMENDING AND SUPPLEMENTING ARTICLE 7 OF THE GOVERNMENT’S
DECREE NO. 10/2010/ND-CP OF FEBRUARY 12, 2010, ON CREDIT INFORMATION-RELATED
ACTIVITIES
Pursuant to the June
19, 2015 Law on Organization of the Government;
Pursuant to the June
16, 2010 Law on the State Bank of Vietnam;
Pursuant to the June
16, 2010 Law on Credit Institutions;
Pursuant to the
November 26, 2014 Law on Enterprises;
Pursuant to the
November 26, 2014 Law on Investment;
At the proposal of the
Governor of the State Bank of Vietnam;
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Article 1. To
amend and supplement Article 7 of the Government’s Decree No. 10/2010/ND-CP of
February 12, 2010, on credit information-related activities, as follows:
“Article 7. Conditions
for a credit information company to obtain a certificate of eligibility for
credit information-related activities
1. Having an information
technology infrastructure system that meets the following minimum requirements:
a/ Having at least 2 data
transmission lines operated by two different service providers to ensure the
uninterrupted transmission of digital information;
b/ Having information
technology facilities that are compatible with technological equipment of the
system of credit providers and able to integrate and connect with
credit providers;
c/ Having a server
system, computer software system and technical solutions to update, process and
store credit information and provide credit information services to at least 5
million borrowers:
d/ Having a plan to ensure information security and safety;
dd/ Having a backup plan
to respond to catastrophes and ensure that major operational activities shall
never be interrupted for over 4 working hours.
2. Having a charter
capital of at least VND 30 billion.
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a/ For the chairperson of
the Board of Directors, the chairperson of the Members’ Council or the
president
Possessing a university
or higher degree in economics, accounting, finance, banking or information
technology, and having at least 3 years’ experience in the field of finance,
banking or information technology.
b/ For members of the
Board of Directors, members of the Members’ Council or general partners
Possessing a university
or higher degree, at least 50 percent of whom must possess a university or
higher degree in economics, accounting, finance, banking or information
technology; and having at least 3 years’ experience in the field of finance,
banking or information technology.
c/ For the general director
(director) and deputy directors general (deputy directors)
Possessing a university
or higher degree in economics, accounting, finance, banking or information
technology, and having worked for at least 2 years as a manager or a chief
executive officer of an enterprise operating in the field of finance, banking
or information technology.
d/ For members of the
Supervisory Board
Having a university or
higher degree in economics, accounting, finance, banking or information
technology, and having at least 2 years’ experience in the field of finance,
accounting, audit, banking or information technology.
The period of working in
a field prescribed at Point a, b, c or d of this Clause is the period during
which a person is recruited, appointed or assigned to work in such field.
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5. Having at least 20
commercial banks that commit to provide credit information exclusively to the
company.
6. Having a written
agreement with the credit providers as committed, on the process to collect,
process, store and provide credit information, which must at least have the
following contents:
a/ Contents and scope of
credit information to be provided;
b/ Time, location and
method of providing or transmitting information, data or credit information
products;
c/ Principles, scope and
purposes of the use of credit information products;
d/ Obligation to notify
borrowers of their use of credit information;
dd/ The parties’ responsibilities for adjusting or rectifying
errors in the course of update, transmission, processing, storage, exploitation
and use of information;
e/ The parties’
responsibilities for checking, comparison, quality inspection and storage of
credit information;
g/ The parties’
responsibilities for and coordination in settling complaints of borrowers;
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i/ Effect of the written agreement or unilateral termination
of agreement implementation;
k/ Other rights and
obligations of the parties in the course of collection, processing, storage and
provision of credit information.”
Article 2. Effect
This Decree takes effect
on July 1, 2016.
Article 3. Transitional
provision
Within 12 months after
the effective date of this Decree, credit information companies established and
operating before the effective date of this Decree shall meet the conditions
prescribed in this Decree. If failing to meet these conditions, credit
information companies shall terminate credit information-related activities.
Article 4.
Implementation responsibility
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-level People’s Committees and related organizations and
individuals shall implement this Decree.-
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc