|
THE
STATE BANK
-----
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
-------
|
|
No:
987/2001/QD-NHNN
|
Hanoi, August 02, 2001
|
DECISION
PROMULGATING THE
REGULATION ON MANAGEMENT, SUPPLY, EXPLOITATION AND USE OF ELECTRONIC CREDIT
INFORMATION
THE STATE BANK GOVERNOR
Pursuant to December 12, 1997 Vietnam State
Bank Law No.01/1997/QH10 and Credit Institutions Law No.02/1997/QH10;
Pursuant to the Government’s Decree No.15/CP of March 2, 1993 on the tasks,
powers and State management responsibilities of the ministries and
ministerial-level agencies;
At the proposal of the director of the Credit Information Center,
DECIDES:
Article 1.- To promulgate
together with this Decision the Regulation on management, supply, exploitation
and use of electronic credit information.
Article 2.- This Decision
takes effect 15 days after its signing.
Article 3.- The director of
the Office, the director of the Credit Information Center, the heads of the
units, of the State Bank, the directors of the provincial/municipal State Bank
branches, the managing board chairmen and general directors (directors) of
credit institutions and the concerned organizations and individuals shall have
to implement this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
STATE BANK GOVERNOR
Le Duc Thuy
REGULATION
ON MANAGEMENT,
SUPPLY, EXPLOITATION AND USE OF ELECTRONIC CREDIT INFORMATION
(Promulgated together with the State Bank Governor’s Decision No.
987/2001/QD-NHNN of August 2, 2001)
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Regulation governs activities of managing,
supplying, exploiting and using electronic credit information, with a view to
ensuring safety for the credit information system in the banking service,
serving the State Bank’s managerial work, and preventing and mitigating
business risks of credit institutions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
In this Decision, the following terms and
expressions shall be construed as follows:
1. Electronic credit information means credit
information formulated, supplied, exploited and used through the website of the
State Bank’s Credit Information Center.
2. Management of electronic credit information
means the supervision and delegation of rights in the processes of gathering,
processing, storing, supplying, exploiting and using electronic credit
information.
3. Supply of electronic credit information means
the creation and transfer of electronic credit information to units that
exploit and use them.
4. Exploitation and use of electronic credit
information means the access to electronic credit information for referring to,
reading, watching, printing and receiving electronic credit information
according to the exploitation and use right.
5. Delegation of rights means the determination,
distribution and vesting of rights to perform works corresponding to the
responsibility of each unit or individual for gathering, processing, storing,
supplying, exploiting and using electronic credit information.
Article 3.- Objects of
application
1. The State Bank of Vietnam;
2. Credit institutions established under the Law
on Credit Institutions;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 4.- Electronic
credit information products
1. News page on reports supplied to the
leadership, departments, bureaus and units of the State Bank;
2. News page on customers having credit
relationship with credit institutions; early warning information;
3. News page on reports analyzing, evaluating
and grading enterprises;
4. News page on information related to monetary
trading and banking services, obtained from information sources at home and
abroad;
5. News page on foreign enterprises having
economic cooperation relationship with Vietnam;
6. News page for credit information operation propagation
and instructions;
7. News page on operation of the credit
information system.
Chapter II
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 5.- The Credit Information Center of the State Bank
1. Responsibilities:
a/ To act as a coordinator, organize and
coordinate with the concerned units in designing and formulating a website of
electronic credit information and corresponding technical professional
processes;
b/ To manage and operate servers and network
equipment installed at the Credit Information Center;
c/ To delegate rights to organizations and
individuals that conduct activities of gathering, processing, storing,
supplying, exploiting and using electronic credit information;
d/ To grant and hand over the right to access to
the electronic credit information network in writing (tickets of registration
and hand-over of the right to access to the electronic credit information
network) to the units that have registered for exploitation and use, within 5
working days after receiving valid registration tickets;
e/ To control the access to, supply,
exploitation and use of electronic credit information;
f/ To update and supply information in a prompt,
comprehensive, truthful and accurate manner if the technical conditions permit,
and raise the reliability of electronic credit information.
2. Power:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ To request the State Bank Governor to handle
organizations violating the provisions of this Regulation;
c/ To be entitled to collect the
information-providing service charge according to Article 9 of this Regulation.
Article 6.- The
intermediary units to supply electronic credit information
1. Targeted objects:
a/ The State Bank’s branches, credit
institutions with more than 10 exploiting and using units, such as: Head
offices, transaction bureaus, grade-1 branches and units attached to credit
institutions, which wish to make direct access and regular exploitation and use
of electronic credit information, shall be allowed to install intermediary
servers to perform the task of intermediary suppliers of electronic credit
information.
b/ The State Bank’s branches which fail to meet
the conditions specified at Point a above shall directly exploit the website of
the Credit Information Center and act as intermediary units to supply
electronic credit information, through their existing facilities, to the
exploiting and using units in the localities.
2. Responsibilities:
a/ To manage and operate servers, equipment and
networks related to the supply, exploitation and use of electronic credit
information they are in charge of;
b/ To dispose enough personnel who are fully
capable and possessed of moral qualities and sense of responsibility to fulfill
the professional and technical requirements, thus ensuring the supply,
exploitation and use of electronic credit information they are in charge of;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ To be responsible for managing and
supervising the exploitation and use of electronic credit information they
supply;
e/ To supply electronic credit information
according to their authorized competence and to the right exploiters and users;
f/ To control the access to and exploitation of
electronic credit information by the exploiting and using parties. Upon
detecting errors or violations, they shall have to promptly report such to the Credit Information Center for handling.
3. Power:
a/ To supply electronic credit information to
the organizations which have registered for exploitation and use;
b/ To temporarily suspend the access to the
electronic credit information network within the supplying units by the
exploiters and users that violate this Regulation;
c/ To request the Credit Information Center to suspend the access to the electronic credit information network within the supplying
units by the exploiters and users that violate this Regulation;
Chapter III
EXPLOITATION AND USE OF ELECTRONIC CREDIT INFORMATION
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. All the units attached to the State Bank,
including: the departments, bureaus, representative offices and public-service
units can register for exploitation and use of electronic credit information
products related to their respective functions and tasks prescribed in Clause
1, Article 4 of this Regulation.
2. The State Bank’s branches are entitled to
register for exploitation and use of electronic credit information products
specified in Clauses 2, 3, 4 and 5, Article 4 of this Regulation.
3. The units of the credit institutions,
including their head offices, transaction bureaus, branches and attached units
shall have to register for exploitation and use of electronic credit
information products specified in Clauses 2, 3, 4 and 5, Article 4 of this
Regulation.
4. Other organizations shall only be allowed to register
for exploitation and use of electronic credit information products specified in
Clauses 3, 4 and 5, Article 4 of this Regulation.
5. All the units, which have already been
granted the right to access to the electronic credit information network, are
entitled to exploit and use electronic credit information products specified in
Clauses 6 and 7, Article 4 of this Regulation without having to make
registration.
Article 8.- Conditions,
responsibilities and rights of the units and persons that exploit and use
electronic credit information
1. Conditions:
a/ Having machines and equipment fully capable
of exploiting and using electronic credit information;
b/ Having clear electronic credit information
exploiting and using requirements and purposes;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ Being granted the right to access to the
electronic credit information network by the Credit Information Center.
2. Responsibilities:
a/ For units exploiting and using electronic
credit information
- To register persons who shall directly exploit
and use electronic credit information according to tickets of registration and
hand-over of right to access to the electronic credit information network of
the Credit Information Center;
- To manage persons who directly exploit and use
electronic credit information they have registered;
- To manage contents of the already exploited
credit information products;
- To bear all responsibilities for the errors
and violations committed by electronic credit information exploiters and users
they have registered;
- To pay in full and on time charges for charged
credit information products they have registered for exploitation and use.
b/ For exploiting and using persons
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To make access to the network at the right
addresses, within the vested power and with the right passwords, in order to
protect safety of the network;
- To be entitled to exploit and use only
electronic credit information within their vested competence.
3. Power:
a/ To request the Credit Information Center to guide and settle problems arising in the exploitation and use of electronic credit
information;
b/ To request the Credit Information Center to
promptly and truthfully supply electronic credit information products strictly
according to the handed-over registration.
Article 9.- Information
service charge applicable to the exploitation and use of credit information
1. The annual charge shall be applicable to
credit institutions registering for exploitation and use of electronic credit
information products specified in Clause 2, Article 4 of this Regulation.
2. Charge on each time of exploitation or use
shall be applicable to units when they exploit and use electronic credit
information products specified in Clause 3, 4 and 5, Article 4 of this
Regulation.
3. Charges shall not be levied on electronic
credit information products specified in Clauses 1, 6 and 7, Article 4 of this
Regulation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter IV
HANDLING OF VIOLATIONS
Article 10.- Organizations
and individuals that commit acts of using or taking advantage of others’
passwords, sabotage acts or acts of violating the provisions of this Regulation
with a view to supplying, exploiting and/or using electronic credit information
for wrong purposes and/or to wrong objects shall, depending on the seriousness
of their violations, be handled as follows:
1. Being temporarily suspended from the access
to the electronic credit information network;
2. Being stopped from making access to the
electronic credit information network;
3. Being administratively sanctioned or examined
for penal liability.
Chapter V
IMPLEMENTATION PROVISIONS
Article 11.- The amendment
and/or supplement to this Regulation shall be decided by the State Bank
Governor.