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STATE
BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No:
35/2011/TT-NHNN
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Hanoi, November 11, 2011
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CIRCULAR
PROVIDING
FOR THE DISCLOSURE AND PROVISION OF INFORMATION OF THE STATE BANK
Pursuant to the Law No.
46/2010/QH12 on the State Bank of Vietnam of June 16, 2010;
Pursuant to the Law No.
47/2010/QH12 on Credit Institutions of June 16, 2010;
Pursuant to the Government's
Decree No. 96/2008/ND-CP of August 26. 2008, defining the functions, tasks,
powers and organizational structure of the State Bank of Vietnam;
Pursuant
to the Prime Minister’s Decision No. 77/2007/QD-TTg of May 28, 2007
promulgating the Regulation on delivering speech and providing information to
the press
The State Bank of Vietnam (hereinafter referred to as the State Bank) hereby stipulates the disclosure and
provision of information of the State Bank as follows:
Chapter 1.
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Article 1. Scope of
regulation
This Circular stipulates the
disclosure and provision of information on currencies, banking and foreign
exchange operation (hereinafter referred to as currencies and banking) under
the competence of the State Bank.
Article 2. Subjects of
application
1. Cadres, civil servants,
public employees, units under the State Bank.
2. Organizations, individuals
who have been provided with information by the State Bank under provisions of
law.
Article 3. Principles for
disclosure and provision of information
1. Ensuring the completeness,
accuracy and promptness.
2. Complying with the prescribed
procedures, order and competence.
3. Not violating the provisions
on protection of the State secrets.
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DISCLOSURE OF INFORMATION
Article 4. Disclosed
information/Information being disclosed
1. Legal documents on currencies
and banking promulgated by the State Bank.
2. Guidelines
and decisions for direction by the Governor of the State Bank (hereinafter
referred to as the Governor) on currencies and banking.
3. Notification of the
establishment, purchase, sale, separation, division, merger, acquisition,
dissolution, revocation of licenses, approval on network extension by and
administrative sanctions imposed on credit institutions, foreign bank branches,
representative offices of the foreign credit institutions in Vietnam (hereinafter referred to as credit institutions).
4. The ongoing situation of
currencies and banking.
5. The disclosure of information
of special control over credit institutions shall be done in accordance with
provisions of the State Bank on special control over credit institutions.
Article 5. The competence to
disclose information
1. The Governor is competent to
disclose information on currencies and banking under the management competence
of the State Bank.
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3. Cadres,
civil servants, public employees of the State Bank are not allowed to disclose
on behalf of the State Bank information on currencies and banking if not
assigned by the Governor. Upon delivering speech, giving response to the press
interview or making publication on mass media in their personal name, cadres,
civil servants, public employees of the State Bank are not allowed to disclose
State secrets, investigation secret, public-duty secrets, incorrect
information, untruthful information and other information contradictory to
guidelines and policies of the Communist Party, the State and the Sector.
Article 6. Form of
information disclosure
1. Posting information on the
website of the State Bank.
2. Organizing press conferences.
3. Disclosing information at the
press briefings and conferences organized by the Communist Party’s agencies and
Governmental agencies.
4. Giving interview to the
press.
5. Disclosing information in
annual reports of the State Bank.
6. Disclosing information on
other publications of the State Bank and other means of mass media.
Article 7. Disclosure of
information on the website of the State Bank
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2. The specific contents of
information for disclosure, the frequency, time-limit and competence to
disclose information posted on the State Bank’s website are stipulated in the
Annex enclosed with this Circular.
3. The process for updating,
publishing and managing information posted on the State Bank’s website shall be
carried out in accordance with regulations on organization, management and or
operation of the State Bank’s website.
Article 8. Organization of
press conferences
1. Every six months or
irregularly, the State Bank organizes a press conference to provide information
for the press on the State Bank’s guidelines, policies and newly-issued
important documents; remarkable events about currencies and banking. The Governor
shall decide the time, method, place, content and the chairperson.
2. The
chairperson shall provide interviewers within the scope of information
stipulated in Article 4 of this Circular and may refuse to answer the matters
that are:
a) Beyond the delegated
competence.
b) On inspections, examinations
and verifications without official conclusions.
c) In the list of State secrets.
3. The Office
of the State Bank (hereinafter referred to as the Office) is the leading unit
in preparing material and holding press conferences under direction of the
Governor. The units belonging to the State Bank shall provide the Office with
relevant information serving for the press conference.
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Article 9. Disclosure of
information at press briefings, press conferences organized by the Communist
Party’s agencies and Governmental agencies
1. The Governor shall appoint
representatives to attend press briefings and press conferences organized by
the Communist Party’s agencies and Governmental agencies upon the latter’
invitation.
2. The Office
shall act as the leading unit in preparing information to be disclosed in press
briefings for submission to the Governor or Deputy Governor responsible for
communications and propaganda for disclosure and provision of such information
to the press.
3. Information to be disclosed
in press conferences shall be prepared by a focal point under direction of the
Governor or Deputy Governor delegated by the Governor.
Article 10. Interviews with
the press
1. The Governor, Deputy
Governor, Heads of units of the State Bank shall have competence to give the
press the interviews on currencies and banking issues on behalf of the State
Bank.
2. The answerer may refuse to
provide answers about the matters stipulated in Clause 2 Article 8 of this
Circular and other matters beyond his/her assigned management.
Article 11. Disclosure of
information in the State Bank’s annual reports
1. The Governor shall decide
contents of information to be disclosed in the State Bank’s annual reports.
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Article 12. Disclosure of
information in other publications of the Sate Bank and via other mass media
The Governor, Deputy Governor,
Heads of units of the State Bank are entitled to disclose information on
currencies and banking on other publications of the State Bank and other means
of mass media.
Article 13. Irregular,
unscheduled disclosure of information
1. The State Bank shall
irregularly disclose information in the following cases:
a) Upon finding it necessary to
provide the press with information on important events about the currencies and
banking field, which may have remarkable impact on the society that needs to be
promptly directed or warned.
b) When the State press
administration agency or the Communist Party’s agencies, Governmental agencies
request the disclosure of information about the events and issues within the
management scope of the State Bank.
c) When there are grounds to
conclude that the press has posted incorrect, untruthful information on the
currencies and banking under management of the Sate Bank.
2. Heads of units of the
State Bank shall cooperate with the Office in promptly counseling, proposing
the Governor or Deputy Governor responsible for orienting information
disclosure in the cases stipulated in Clause 1 of this Article.
Article 14. General
responsibilities of units, individuals of the State Bank in information
disclosure
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2. The Office are responsible
to:
a) Act as a leading unit to
support the Governor in managing the disclosure of information on currencies
and banking.
b) Receive feedbacks, proposals,
criticisms, complaints, accusations relating to currencies and banking field
from organizations and individuals that have been posted in the press or
delivered to the State Bank, and send them to the Governor or Deputy Governor
responsible for communications and propagation for settlement.
c) Act as the leading unit to
summarize and report to the Governor or Deputy Governor responsible for
communications and propagation about handling the means of mass media posting
sensitive, incorrect or false information on the currencies and banking.
d) Every 6 months, lead the
organization of press briefings in the banking sector.
3. The units belonging to the
State bank shall provide relevant information under provisions of this Circular
and the direction of the Governor to serve the disclosure of information on
currencies and banking.
4. The State Bank’s branches in
provinces and centrally-run cities shall manage the local disclosure of
information on currencies and banking. In case any issue arises beyond their competence,
Directors of the State Bank’s branches in provinces and centrally-run cities
shall promptly report such issues to the Governor (via the Office) for
handling.
Chapter 3.
PROVISION OF INFORMATION
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1. Communist Party’s agencies,
Governmental agencies, socio-political organizations as prescribed by law.
2. International financial
organizations under the commitment of the Vietnamese Government and the State
Bank.
3. Other organizations,
individuals as directed by the Governor.
4. The provision of information
for the press shall be done in accordance with provisions on information
disclosure stipulated in Chapter 2 of this Circular.
Article 16. Scope of provided
information
Scope of provided information is
the information on currencies and banking under management competence of the
State Bank.
Article 17. Competence to
provide information
1. The Governor is the person
competent to decide the provision of information for the subjects stipulated in
Article 15 of this Circular.
2. The Governor shall assign the
Deputy Governor to decide the provision of information for the subjects
stipulated in Article 15 of this Circular within the scope of management of the
Deputy Governor or under the direction of the Governor in specific cases.
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4. Directors
of the State Bank’s branches in provinces and centrally-run cities shall decide
the provision of information within their scope of management upon request from
of executive committees, local authorities of provinces and centrally-run
cities; the provision of information for State competent agencies and other
local organizations, individuals as prescribed by law.
Article 18. Method of
information provision
1. Information shall be provided
in writing, in the form of electronic files via the internet or other information-transmitting
devices.
2. Providing information under
the competence of the Governor, the Deputy Governor:
a) The
Governor, Deputy Governor shall assign a unit to act as the leading unit in
preparing information to be provided.
b) The
leading unit shall cooperate with relevant units in compiling and submitting
information to be provided for the subjects as stipulated to the Governor,
Deputy Governor for approval.
3. Heads of units of the State
Bank shall decide the method of information provision within their delegated
competence as stipulated in Clauses 3 and 4 Article 17 of this Circular.
Article 19. Responsibilities
of units, individuals in information provision
1. Cadres, civil servants,
public employees, units of the State Bank being the leading unit assigned to
provide information shall take responsibility before law and the Governor for
provided information.
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Article 20. Provision of
information in the list of State secrets
The provision of information in
the list of State secrets shall be done in accordance with provisions of law on
protection of State secrets.
Chapter 4.
IMPEMENTATION ORGANIZATION
Article 21. Effect
1. This Circular takes effect on
April 1, 2012.
2. This
Circular replaces the Decision No. 736/2003/QD-NHNN of July 09, 2003 on
promulgating internal rules on the State Bank’s disclosure and provision of
banking information of the State Bank and Decision No. 44/2007/QĐ-NHNN of
December 17, 2007 on promulgation of the Regulation on the State Bank’s
statements and provision off information for the press.
Article 22. Implementation
organization
1. The Office shall act as the
focal point in guiding, examining and speeding up the implementation of this
Circular and making summaries to report them to the Governor.
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GOVERNOR
OF THE STATE BANK
Nguyen Van Binh