|
STATE
BANK OF VIETNAM
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence-freedom-happiness
---------
|
|
No.
02/2001/TT-NHNN
|
Hanoi,
April 04th , 2001
|
CIRCULAR
PROVIDING
GUIDANCE ON IMPLEMENTATION OF THE DECREE NO. 70/2000/ND-CP DATED 21 NOVEMBER
2000 OF THE GOVERNMENT ON THE MAINTENANCE OF THE CONFIDENTIALITY, KEEPING AND
PROVISION OF INFORMATION RELATING TO DEPOSITS AND ASSETS PLEDGED BY CUSTOMERS
Pursuant to paragraph 1
Article 11 of Decree No. 70/2000/ND-CP dated 21 November 2000 on the
maintenance of the confidentiality, keeping and provision of information
relating to deposits and assets pledged by customers, the Governor of the State
Bank provide guidance on this Decree as follows:
I. GENERAL PROVISIONS
1. Subject and scope of
application
This circular shall provide
guidance on the maintenance of the confidentiality, keeping and provision of
information relating to deposits and assets pledged by customers at the credit
institutions and organizations which are not a credit institution but permitted
to perform some banking activities.
The scope of application of this
circular shall be the credit institutions and organizations which are not a
credit institution but permitted to perform some banking activities (generally
referred to as organizations in this Circular) in accordance with provisions of
the Law on Credit Institutions and other individuals, organizations in
connection with the provisions and use of information relating to deposits and
assets pledged by customers.
II. detailed PROVISIONS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2.1 Officers and staff of
organization accepting deposits and assets of customers shall only provide
information relating to deposits and assets pledged by customers to subjects stipulated
at Articles 5 and 6 of Decree No. 70/2000/ND-CP dated 21 November 2000 of the
Government on the maintenance of the confidentiality, keeping and provision of
information relating to deposits and assets pledged by customers.
2.2 The provision of information
relating to deposits and assets of customers must comply with the following
provisions:
a. The provision of information
relating to deposits and assets pledged by customers upon request by customers
themselves shall be performed in accordance with the guidance of each
organization which accepts deposits and assets of customers.
Organization accepting deposits
and assets of customers shall not be entitled to provide information relating
to deposits and assets of customers if the request is made via telephone.
b. In respect of provision of
information relating to deposits and assets pledged by customers upon request
of a person authorized by customers: an authorization letter must be presented
in case the authorization is made in accordance with the provisions of
applicable laws, request for information must be consistent with the content of
the authorization and shall be made in writing, and state clearly necessary
information relating to deposits and assets of customers and be consistent with
regulations, rules of the organization accepting deposits and assets of
customers.
c. The provision of information
relating to deposits and assets pledged by customers for the internal activity
of organizations accepting deposits and assets of customers shall be performed
in accordance with the decisions/regulations issued by General Directors
(Directors) of organizations which accept deposits and assets of customers.
d. In respect of provision of
information relating to deposits and assets pledged by customers upon request
by subjects stipulated at paragraph 3, 4 of Articles 5 and 6 of Decree No.
70/2000/ND-CP dated 21 November 2000 of the Government on the maintenance of
the confidentiality, keeping and provision of information relating to deposits
and assets pledged by customers: request for information shall be made in
writing. The written request on provision of information relating to deposits
and assets pledged by customers must contain following details:
- Reasons for the provision of
information;
- Information to be provided
(state the type of information and name of customer);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Place of provision of
information;
- Purpose of using information;
- Documents relating to the work
which are inspected, investigated (such as Decision on the inspection; Decision
on the prosecution of a crime, a convicted person; documents proving the
relation between the inspection, investigation and customers.
The document requesting for
information shall be signed by a competent person stipulated in paragraph 4
Article 5 or point a paragraph 2 Article 6 of Decree No. 70/2000/ND-CP dated 21
November 2000 of the Government on the maintenance of the confidentiality,
keeping and provision of information relating to deposits and assets pledged by
customers.
2.3 Organizations accepting
deposits and assets pledged by customers shall be responsible to provide
information and comply with procedures of providing information relating to
deposits and assets pledged by customers when they receive a regular request.
The information relating to deposits and assets pledged by customers which is
provided must be accurately, truly and to the right subjects.
2.4 In the case transactions on
deposits and assets between customers and organizations accepting deposits and
assets pledged by customers are performed via the computer network,
organizations accepting deposits and assets of customers shall not provide the
code for receiving deposit information and transaction via computer network to
any other subjects except to that customers (or persons legally authorized by
customers).
3. Procedure of information
provision
3.1 Studying, copying of data
relating to deposits and assets pledged by customers shall be decided upon by
the General Director (Director) or the persons authorized by the General
Director (Director) of an organization that has these data.
3.2 The provision of information
relating to deposits and assets pledged by customers to subjects as stipulated
in Articles 5 and 6 of Decree No. 70/2000/ND-CP dated 21 November 2000 of the
Government on the maintenance of the confidentiality, keeping and provision of
information relating to deposits and assets pledged by customers shall be made
in a Minute on provision of information and in compliance with the State regime
on the confidentiality. The Minute on provision of information shall state the
following details:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Place of provision of
information;
- Detailed content of the
provided information;
- Scope of using the provided
information;
- The representative of the
providing party and information receiving party;
- Participants in the provision
of information and receiving information;
- Witness (if any).
Minutes on provision of
information shall be made in 2 copies, the providing party and receiving party,
shall keep 1 copy each.
4. The keeping and
maintenance of information
Documents on providing and
receiving information relating to deposits and assets pledged by customers
shall be kept and maintained in accordance with the current State regime on the
keeping and maintenance. The Documents to be kept in archive shall include:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Minute on the provision of
information;
- Other documents relating to
provision and receipt of information.
5. Dealing with violations
5.1 If the providing party
reveals intentionally the information to outsiders, provides information to
wrong subjects, or fails to comply with the provisions stipulated at Article 2
of this Circular; the receiving party leaks the information to outsiders, or
uses information relating to deposit, asset pledged by customers for wrong
purposes, they shall, depending on the nature and seriousness of the violation,
be subject to disciplinary sanction, administrative treatment or prosecution
for criminal liability, and must compensate for any damage caused in accordance
with provisions of applicable laws.
5.2 Organizations, individuals
shall comply with provisions on the keeping and maintenance of information
relating to deposits and assets pledged by customers stipulated in this
Circular and other provisions of applicable laws.
5.3 In case the information
relating to deposits and assets pledged by customers or codes for receiving
information and transaction of customers via computer network is leaked to
outsiders in following cases, depending on the nature and seriousness of the
violation, disciplinary sanction, administrative treatment or prosecution for
criminal liability, shall be applicable; in case of damages compensation shall
be made in accordance with provisions of applicable laws:
- Any organization or individual
uses the code of receiving deposit information and transaction of customers via
computer network without permission of customers.
- Organizations or individuals
of organizations accepting deposits and assets pledged by customers disclose
information to outsides.
- Organizations or individuals
that receive information from the organization accepting deposits and assets
pledged by customers disclose information to outsiders.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
III. IMPLEMENTING PROVISIONS
6. Effectiveness
This Circular shall be effective
after 15 days from the date of signing.
7. Implementing provision
The Chairman of the Board of
Directors, the General Director (Director) of credit institutions, organization
which are not a credit institution but permitted to perform some banking
activities shall be responsible to issue detailed regulations for the
implementation of this Circular.
Heads of relevant units of the
State Bank Head-office, General Managers of the State Bank branches in
provinces, cities under the central government's management shall be
responsible for the inspection of the implementation of this Circular.
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Tran Minh Tuan
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66