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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
70/2000/ND-CP
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Hanoi, November 21, 2000
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DECREE
ON KEEPING SECRET, ARCHIVING AND PROVIDING
INFORMATION RELATED TO THE CUSTOMERS’
DEPOSIT MONEY AND PROPERTIES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Vietnam State Bank Law No.01/1997/QH10 of December 12, 1997;
Pursuant to Credit Institutions Law No.02/1997/QH10 of December 12, 1997;
Pursuant to the Ordinance on the Protection of State Secretes of October 28,
1991;
At the proposal of the Governor of Vietnam State Bank,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Objects and scope of application
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2. Information related to the customers’ deposit money and properties, which is
"secret" information on the list of the State’s
secrets in banking sector, shall be archived and protected according to the
State regime on confidentiality.
Article 2.- Deposit money and properties and relevant information
1. Customers’
deposit money include Vietnam dong and foreign currencies deposited by
organizations and individuals in form of demand deposits or time deposits
(including savings) and other forms.
2. Customers’
deposit properties include objects, valuable papers and property rights
prescribed by law.
3. Information related to the customers’ deposit money includes account numbers, sample
signatures of account holders or their authorized persons, information on
operation turnovers and account balances.
4. Relevant information also includes
information on the transactions of depositing, withdrawing or transferring the
customers’ money and
properties; contents of documents, papers and materials; names and sample
signatures of the money and property depositors.
Chapter
II
SPECIFIC PROVISIONS
Article 3.- Rights and obligations of institutions receiving
the customers’ deposit money and
properties
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2. To report immediately to the Vietnam State
Bank upon detection of any signs of the customers’
illegal deposit money or properties.
3. To initiate lawsuits according to law
provisions against organizations or individuals that commit acts of coercing
the provision of information related to the customers’
deposit money and properties in contravention of the provisions of this Decree.
4. To provide truthful and accurate information
related to the customers’ deposit money and
properties to the right subjects.
Article 4.- Rights of the money and property depositors
1. To lodge complaints or initiate lawsuits
against the institutions receiving deposit money and properties if the latter
provide relevant information in contravention of law provisions or to wrong
subjects, inaccurately or untruthfully.
2. To be compensated by the institutions
receiving deposit money and properties for any damage caused due to the
provision of deposit money and property-related information, which is wrong,
not for the right subjects, inaccurate or untruthful.
Article 5.- Information provision
The institutions receiving the customers’ deposit money and properties are allowed to
provide information related thereto only in the following cases:
1. At the requests of the customers or their
authorized persons as prescribed by law.
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3. At the written requests of the general
directors of deposit-insuring organizations when such organizations exercise
their rights and perform their obligations according to the provisions in the
Government’s Decree
No.89/1999/ND-CP of September 1, 1999 on deposit insurance and relevant legal
documents.
4. At the written requests of State bodies in
the course of inspection, investigation, prosecution, court trial or judgement
execution which falls under their competence, as prescribed by law. In this
case, the documents requesting the provision of information related to the
customers’ deposit money and
properties must be signed by the following competent persons:
a/ The Chairman or Vice Chairmen of the Supreme
People’s Procuracy; the Chief
Judge or Deputy Chief Judges of the Supreme People’s
Court; or judges of the people’s
courts in compliance with the provisions of legal documents issued by the
National Assembly and National Assembly Standing Committee;
b/ The Chairman or Vice Chairmen of the Military
Procuracy; the Chief Judge or Deputy Chief Judges of the Military Court, or
judges of the military courts of military zone or higher levels;
c/ The heads or deputy heads of the functional
Departments under the Ministry of Public Security; the directors or deputy
directors of the Public Security Services of the provinces and centrally-run
cities; the heads or deputy heads of the ministerial-level investigation
agencies or investigation agencies of the provincial/municipal Public Security
Services; the heads or deputy heads of the investigation agencies of the
military zone or higher levels in the Vietnam People’s
Army;
d/ The executors or the heads of the judgement
enforcement agencies of different levels, that are assigned to execute
judgments under decisions of courts of different levels;
e/ The State Inspector General or his/her
Deputies; the chief inspectors or deputy-chief inspectors of the State and
specialized inspectorates and the heads of the provincial- or higher- level
inspection delegations set up under the provisions of inspection legislation
for consideration and settlement of complaints and denunciations and fight
against corruption.
Article 6.- Provision of information among credit
institutions
1. Credit institutions are allowed to provide
each other with information related to the customers’
deposit money and properties.
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a/ Credit institutions’
requests for the provision of information related to customers’ deposit money and properties must be made in
writing and signed by the general directors (directors) of such credit
institutions or their authorized persons.
b/ Credit institutions provided with information
related to customers’ deposit money and
properties may only use this information for their internal operations.
Article 7.- The information-provision process
1. The study and duplication of data related to
the customers’ deposit money and
properties shall be decided by the general directors (directors) of the
institutions having such data or their authorized persons.
2. The information provision must be recorded in
"minutes on information provision" and comply with the regulations on
the protection of State secrets.
Article 8.- Information archive and preservation
Documents requesting the provision of
information related to the customers’
deposit money and properties as well as the provided information must be
archived and preserved according to the current State regime on archive and
preservation.
Article 9.- Handling of violations
Organizations and individuals shall have to
strictly abide by this Decree’s
provisions on keeping secret, archiving and providing information related to
the customers’ deposit money and
properties as well as other relevant provisions of law. Organizations or
individuals that commit acts of violation shall, depending on the nature and
seriousness of their violations, be disciplined, administratively handled or
examined for penal liability and, if causing damage, pay compensation therefor
as prescribed by law.
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IMPLEMENTATION PROVISIONS
Article 10.- Implementation effect
This Decree takes effect 15 days after its
signing.
Article 11.- Implementation provisions
1. The Vietnam State Bank Governor shall have to
guide the implementation of this Decree.
2. The general directors (directors) of credit
institutions and organizations other than credit institutions, engaged in
banking operations as well as concerned individuals shall have to implement
this Decree.
3. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
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