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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.
738/2004/QD-NHNN
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Hanoi,
June, 16, 2004
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DECISION
ON
THE ISSUANCE OF THE REGULATIONS ON CONFIDENTIAL CODE FOR BILLS, BONDS BIDDING
AND OPEN MARKET OPERATION
THE GOVERNOR OF THE STATE
BANK
- Pursuant to the Law on the
State Bank of Vietnam No. 01/1997/QH10 dated 12 December, 1997 and the Law on
Credit Institutions No. 02/1997/QH10 dated 12 December, 1997;
- Pursuant to the Law on the amendment, supplement of several Articles of the
Law on the State Bank of Vietnam No. 10/2003/QH11 dated 17 June, 2003;
- Pursuant to the Decree No. 86/2002/ND-CP dated 05 November, 2002 of the
Government providing for the function, assignment, authority and organizational
structure of the ministries and ministerial level agencies;
- Pursuant to the Ordinance on the protection of the State secrets No.
03/2000/PL-UBTVQH dated 28 December, 2000 of the Standing Committee of the
National Assembly;
- Pursuant to the Decree No. 33/2002/ND-CP dated 28 March, 2002 of the
Government providing in details for the implementation of the Ordinance on the
protection of the State secrets;
- Upon the proposal of the Director of the Banking Informatics Technology
Department,
DECIDES:
Article 1. To issue in
conjunction with this Decision "the Regulations on confidential code of
bills, bonds bidding and open market operation".
Article 2. This Decision
shall be effective after 15 days from its publication in the Official Gazette.
Article 3. The Director
of Administrative Department, Director of the Banking Informatics Technology
Department, Heads of units of the State Bank, General Directors (Directors) of
Credit Institutions shall be responsible for the implementation of this
Decision.
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FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Vu Thi Lien
REGULATIONS
ON
CONFIDENTIAL CODE OF BILLS, BONDS BIDDING AND OPEN MARKET OPERATION
(Issued in conjunction with the Decision No. 738/2004/QD-NHNN dated 16 June,
2004 of the Governor of the State Bank)
Chapter I.
GENERAL PROVISIONS
Article 1. The
confidential code applicable to the operations of bills, bonds bidding and open
market operation on the computer network (hereinafter referred to as
confidential code) is a technological application used to control the access,
verify the origination, maintain the secrecy and examine the integrity of data
of electronic transactions in the operation of bills, bonds bidding and open
market operation on the computer network.
The confidential code shall be
commonly used for bills, bonds bidding and open market operations. Depending on
the member status of the unit, which is to be granted with a code, the unit,
which provides the code, shall define the scope within which the code is used
for each specific operation.
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1. The confidential code for the
system access control (hereinafter referred to as access code)
2. The confidential code for the
approval of electronic transactions data (hereinafter referred to as approval
code)
3. The confidential code for the
encryption and decoding of data, which are registered for the bidding
participation.
Article 2. The
confidential code, which is granted to each individual, shall establish his
authority and responsibilities for the use of the code to access, carry out
operation acts, encrypt and decode data or examine, approve electronic
transactions of the bills, bonds bidding and open market operation.
Article 3. The
confidential code used for the bills, bonds bidding and open market operation
shall be the State secrets in banking area, classified as "Top
secret" level.
The establishment, management,
delivery, use, destruction, regime of control and individual responsibility for
the confidential code; the selection of officers to engage in assignments
directly relating to the confidential code shall be carried out in compliance
with provisions of applicable laws on the protection of the State secrets and
provisions stated in the regulation on the protection of the state secrets in
banking area issued in conjunction with the Decision No. 1087/2003/QD-NHNN
dated 17 September, 2003 of the State Bank Governor.
Article 4. Electronic
transactions of the bills, bonds bidding and open market operation made through
the computer network shall only have the transaction value when they are
approved by the competent person with his approval code.
Chapter II.
SPECIFIC PROVISIONS
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1. to select technology,
solutions; take measures to ensure the security and confidentiality for the
establishment, grant and management of the confidential code
2. to grant and manage the
confidential code that has been granted to the using subjects of the units of
the State Bank, members of the bills, bonds bidding market and open market
operation.
3. to take technical measures
that permit the use or suspend the effectiveness of the confidential code after
receiving the requirement from the head of the unit, who supervises the
individual granted with a confidential code.
4. To periodically change the
granted confidential code at least once every six months
5. To suspend the effectiveness
of the granted confidential code upon its expiry.
6. To select the persons with
full capacity, ability to perform the assignment mentioned in points from 1 to
5 of this Article, on behalf of himself.
Article 6. Subjects
entitled to be granted with a confidential code
1. The Director of the Banking
Operation Department
2. General Managers of the State
Bank's branches in provinces, cities authorized to organize the operations of
bills, bonds bidding and open market operation.
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4. The persons who are
authorized by the subjects provided for in paragraphs 1, 2 and 3 of this Article.
Article 7. The effective
time of the confidential code
1. After the completion of the
receipt and installation of the confidential code, individuals who have been
granted with a code shall report to the head of the unit for his written notice
of the timing to the granting unit as from which the confidential code is used.
2. The code-granting unit shall
install the effective time for the use of the confidential code of individuals
in accordance with the notice of the granted unit.
Article 8. Responsibilities
of the persons to be granted with the confidential code
1. To use the code within the
scope, effective duration and authority of the granted confidential code.
2. To ensure the safety, secrecy
of the confidential code; immediately report to the head of the unit for his
notice to the granting unit to terminate the effectiveness of the code in the
case where they change their work, the code is lost, leaked or suspected being
leaked
3. To comply with guidance on
the use of the confidential code provided by the granting unit and other
provisions concerning the code in the procedure on the operating technique of
software programs on the bills, bonds bidding and open market operation.
4. To coordinate with the
granting unit to make irregular or periodical change of the confidential code.
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Article 9. Following acts
shall be strictly forbidden:
1. Taking advantage of the
confidential code to lose the security, leak secrets, illegally access to,
block activities of bills, bonds bidding system, open market operation;
2. Using the confidential code
to conceal acts of law violation;
3. Illegally decoding,
appropriating, purchasing, selling, leaking or destroying the confidential
code.
Chapter III.
PROVISIONS OF IMPLEMENTATION
Article 10. Dealing with
violation
All acts of violation to this
Regulation shall, depending on the nature, seriousness of violation, be subject
to administrative punishment, prosecuted for criminal liability and material
compensation in accordance with provisions of applicable laws.
Article 11.
Responsibility for the implementation
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Heads of member units of the
bills, bonds bidding market and the open market operation shall be responsible
for management, supervision of the use of the confidential code in their unit
in compliance with this Regulation.
Article 12. The amendment
of, supplement to this Regulation shall be decided upon by the Governor of the
State Bank
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Vu Thi Lien