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STATE
BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
35/2015/TT-NHNN
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Hanoi , December 31, 2015
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CIRCULAR
REGULATIONS ON STATISTICAL REPORTS APPLICABLE TO CREDIT
INSTITUTIONS AND BRANCHES OF FOREIGN BANKS
Pursuant to the Law on the State Bank of Vietnam No.46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Credit Institutions
No.47/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Statistics
No.47/2010/QH12 dated November 23, 2015;
Pursuant Decree No.156/2013/ND-CP on
functions, tasks, entitlement and organizational structure of the State Bank of
Vietnam;
At the request of the Director of Department
of Monetary Statistics and Forecast;
The Governor of the State Bank of Vietnam issues this Circular providing regulations on statistical reports applicable to
credit institutions and branches of foreign banks.
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GENERAL PROVISIONS
Article 1. Scope
Statistical reporting regulation applicable to
credit institutions and branches of foreign banks prescribed in this Circular
are under ministerial, department-level statistical reporting regulation under
the Laws on Statistics No.89/2015/QH13 dated November 23, 2015.
The statistical report prescribed in this
Circular means a way of collection of statistical information from reporting
units to facilitate the performance of functions of state management of
monetary, banking activities and State Bank of Vietnam as the Central Bank
(hereinafter referred to the State Bank).
With regard to reports other than those
mentioned in the scope of this Circular, the reporting units shall follow
current regulations of the Governor of the State Bank and competent state
regulatory authorities.
Article 2. Reporting units
Credit institutions (except for microfinance
institutions), branches of foreign banks incorporated and operating within Vietnam’s territory under the Law on Credit Institutions (hereinafter referred to as credit
institutions).
Article 3. Recipients of
reports
Recipients of reports (hereinafter referred to
as recipients) are affiliates of the State Bank that are specified in reporting
forms presented in Part III, Appendix 1 hereof.
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1. Forms of periodic
statistical reports (hereinafter referred to as reporting forms): reporting periods,
time limit for report submission, reporting units, contents and usage of such
reporting forms shall prescribed in Article 11 and Appendices 01, 02, 03 and 04
hereof.
2. In some necessary cases,
the Governor of the State Bank or Directors of branches of State Bank of
provinces or central-affiliated cities (hereinafter referred to as branches of
State Bank of provinces) has the power to request reporting units to make their
statistical reports using reporting forms other than those presented in this Circular.
Reporting units shall timely and fully satisfy reporting requirements requested
in such reporting forms.
Article 5. Codes of
statistics and guidance on division and classification
1. Specific provisions of
statistics codes applicable to banking statistics shall be specified in
Appendix 03 hereof.
2. Guidelines on
classification of small and medium enterprises (SMEs) and division of residents
and non-residents of Vietnam shall be prescribed in Appendix 2 hereof; the
classification of types of organizations and individuals, SMEs, division of
industry level 1 according to 03 sectors shall be prescribed in the Appendix 04
hereof.
Article 6. Methods of report
submission
1. A electronic report
means a report that is converted into electronic data file and transmitted via
a network or information carrier. The electronic report must bear a digital
signature of the Head or competent person of the reporting unit and comply with
the symbol, transmission code and file structure promulgated by the State Bank.
The electronic report must apply to reporting
forms regulated in Part II, Appendix 1 hereof (except for those regulated in
clause 2 of Article 8).
2. A written report means a
paper report that shall strictly comply with the regulated form and bear a
signature and stamp of the competent person of the reporting unit, its compiler
and controller.
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1. The headquarter of every
credit institution (excluding any branch of foreign banks that is not the
contact points of branches of the same banking system operating in Vietnam) shall have their network connected with the Information Technology Administration.
2. The Information
Technology Administration shall have its information transmission network
connected with affiliates of the State Bank to access to statistical reports of
credit institutions archived in the statistical database system of the State
Bank.
3. In case the people's
credit fund is ineligible to have its information transmission network
connected with the Information Technology Administration, the statistical
report shall be integrated into an information carrier or made in paper and
submit it to the branch of the State Bank of the province where the people's
credit fund is headquartered. The State Bank of the province shall update and
submit report data of the people’s credit fund to the State Bank under the
guidance of the Information Technology Administration.
4. Where the data
transmission system breaks down, the reporting unit shall submit its report to
the State Bank through an information carrier in accordance with the following
provisions:
a) The headquarter of every credit institution,
hereinafter referred to as the headquarter, (excluding the people's credit fund
branch of the foreign bank that is not the contact point of branches of the
same system operating in Vietnam) shall submit such reports to the Information
Technology Administration;
b) The people's credit fund shall submit its
report to the Information Technology Administration via the State Bank of the
province where its headquarter is situated.
Article 8. Report
submissions
Written statistical reports shall be submitted
in the following cases:
1. The statistical report
is made using reporting forms stipulated in clause 2, Article 4 hereof.
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Article 9. Report
information security
Statistical figures and relevant documents under
the confidential list of the State shall be managed, used and transmitted in
accordance with laws on State confidentiality.
Article 10. Reliability and
validity of figures of statistical reports
Statistical figures must fully, timely and
accurately reflect the operational status of the Credit Institution. Any
modifications to reported figures or variation of figures of the reported
period, the reporting unit shall submit a description of the statistical report
to the recipient electrically or in writing.
Article 11. Reporting
periods and time limit for report submission
1. Reporting periods:
a) Daily reporting periods shall be expressed as
working days;
b) The 10-day reporting period (3 reporting
periods/month) shall be divided as follows:
the first period : from 01st to 10th of the reported
month; the second period : from 11 to 20th; the third period : from
21st to the reported month ended;
c)The 15-day reporting period (2 reporting
periods/month) shall be divided as follows:
the first period: from 01st to 15th of the reported
month; the second period : from 16th to the reported month ended;
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2. Time limits for report
submission:
a) Daily reports: reporting units shall submit
their daily reports by 14:00 of the working day after the reported day.
b) 10-day reports and 15-day reports: reporting
units shall submit their reports within 02 working days after the last day of
the reported period.
c) Monthly reports: reporting units shall submit
their monthly reports by 12th of the month after the reported month.
d) Quarterly reports: reporting units shall
submit their quarterly reports not later than the first 18 days of the next
quarter.
dd) 6-month reports: reporting units shall
submit their 6-month reports not later than 20th of the month
following the reported month;
e) Yearly reports: reporting units shall submit
their yearly reports by 20th January of the next year;
g) In case the reporting period of a reporting
unit is different from that in above provisions, such reporting units shall
follow specific requirements on the reporting form presented in part III, Appendix
1 hereof.
3. If the last day of the
time limit for report submission falls on holidays, Tet Holidays or weekends,
the submission day shall be the first following working day.
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5. In emergencies or
surprise cases, the reporting unit shall submit its written report in
facsimile. The official report shall be submitted in writing under clause 2,
article 6 and 8 of this Circular thereafter. The actual submission date means
the day on which the facsimile is sent.
Article 12. Procedures for
inspection, processing and verification of electronic reporting forms
1. At the Information
Technology Administration:
a) As soon as the Information Technology
Administration receives electronic statistical reporting forms within the time
limit for submission of statistical report specified in clause 2 and 3, article
11 hereof, the Information Technology Administration shall examine the name,
data file structure and adequacy of the such forms transmitted by headquarters
via the electronic report submission system. If the headquarter makes errors in
the name or data file structure, absence or lack of electronic reporting forms
or its branch’s reports, the Information Technology Administration shall notify
such headquarter and State Bank of the province ( if the people's credit fund
is ineligible to have their network connected with the Information Technology
Administration) of such errors and request the headquarter of the credit institution
to modify or complete the report and submit their correct and complete report
to the State Bank;
b) As soon as the Information Technology
Administration receives the inspection results from affiliates of the State
Bank, the Information Technology Administration shall timely request the
headquarter to correct and re-submit their report to the Information Technology
Administration.
c) As soon as the Information Technology
Administration receives re-submissions submitted by the headquarter, the Information
Technology Administration shall request recipients to timely update figures
through the electronic report submission system.
d) After 10 working days from the deadline for
submission regulated in point c, d, dd, e and g of clause 2 and 3 of Article 11
hereof, the Information Technology Administration shall clock the electronic
report submission system.
2. At affiliates of the
State Bank ( except for Information Technology Administration):
a) After 05 working days from the deadline for
submission regulated in point c, d, dd, e and g of clause 2 and 3 of Article 11
hereof, recipients shall verify the reliability and validity of reported
figures for which they are responsible. If any errors are found, the recipient
shall send the reporting unit a notice of inspection results of reported
figures through the electronic report submission system and request the
reporting unit to correct such errors;
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c) After 02 working days from the day on which the electronic report submission
system is locked by the Information Technology Administration as prescribed in
point d, clause 1 hereof, Banking Supervision and Inspection Agencies and
Departments shall consider unlocking the electronic report submission system to
facilitate re-submission;
d) If time limit for report examination and verification is different from
that specified hereinabove, relevant units and agencies shall follow specific
requirements stated on reporting forms in Part II, Appendix 1 hereof.
3. At credit institutions:
Within 05 working days from the date of receipt
of electronic notification of inspection, the headquarter shall timely, fully
and accurately re-submit figures enclosed with their notes/footnotes to
Information Technology Administration.
Article 13. Procedures for
inspection of electronic reporting forms
1. At Banking Supervision
and Inspection Agencies and Departments:
a) Within 02 working days from the deadline for
submission stated on the written reporting form, the Banking Supervision and Inspection
Agency and Department shall inspect the reliability and validity of such
report. In case of absence or inaccuracy of reported figures, the Banking
Supervision and Inspection Agency and Department shall request the reporting
unit to correct and complete the report by phone or fax;
b) Within 01 working days from the date of
receipt of such request, the reporting unit shall submit the complete report or
correct figures to the Banking Supervision and Inspection Agency and
Department;
2. At branches of the State
Bank of provinces:
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b) After receipt of resubmission from the
People's Credit Fund in writing, the branch of the State Bank of the province
shall fully and accurately aggregate reported figures and submit them to
Information Technology Administration via the electronic report submission
system.
3. At People's Credit
Funds:
Within 02 working days from the date of receipt
of notification of inspection by phone or fax from the branch of the State Bank
of the province, and Department; the People’s Credit Fund shall resubmit
complete report or correct figures to the branch of the State Bank of the
province.
Article 14. Reporting forms
of non-incurred indicators
With regard to reporting forms regulated in Part
III, Appendix 1 hereof, reporting units shall follows the guidance of
Information Technology Administration.
Chapter II
RESPONSIBILITIES OF
AFFILIATES OF THE STATE BANK AND CREDIT INSTITUTIONS FOR STATISTICAL REPORTS
Article 15.
Responsibilities of Banking Supervision and Inspection Agencies, and
Departments
1. Formulate reporting
forms within their functions and responsibilities.
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3. Supervise, expedite,
inspect and verify reported figures of the entire banking system of every
credit institution.
4. Cooperate with the
Department of Monetary Statistics and Forecast to provide training courses in
making statistical reports and release guidelines on filling reporting forms.
5. Cooperate with the
Department of Monetary Statistics and Forecast to instruct and timely reply
issues related to the implementation of this Circular to reporting units within
their responsibilities. In case the Governor of the State Bank has the Banking
Supervision and Inspection Agencies instruct and explain issues within their
profession and administration to reporting units, the Banking Supervision and
Inspection Agencies shall concurrently submit instructional documents and
explanations to the Department of Monetary Statistics and Forecast .
6. Supervise and expedite
reporting units to submit their complete reports on due date; request the
reporting unit to correct and resubmit their report in cases of incorrectness;
cooperate with Information Technology Administration to inspect the submission
through the electronic report submission system.
7. Prepare statistics of credit institutions that
fail to submit or resubmit their reports by deadline and credit institutions
that resubmit their reports on schedule to evaluate the observance of regulations
on statistical reports promulgated hereof. Quarterly remark and assess the
implementation of statistical report of reporting units within its
administration and submit such statistics to the Department of Monetary
Statistics and Forecast by the last working day of the first month of the
following quarter.
8. Store and manage written
statistical reports submitted by reporting units in accordance with current
provisions of document reservation in banking sector.
9. Cooperate with the
Department of Monetary Statistics and Forecast, Banking Supervision and
Inspection Agencies and Departments of Internal Audit to inspect the
implementation of this Circular by relevant units.
Article 16.
Responsibilities Departments of Statistics and Forecast
In addition to responsibilities specified in
Article 15 hereof, the Department of Monetary Statistics and Forecast shall:
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2. Update and request the
contact point of affiliates of the State Bank to update on the portal of the
State Bank.
3. Aggregate statistical
reports and request the Governor of the State Bank to approve for the
application of reporting forms; supplementation and changes in the right to
apply verified statistical reporting forms of affiliates of the State Bank.
4. Receive written appeals
for the implementation of this Circular, cooperate with relevant agencies to
reply to such appeals; supervise relevant units' appeal processing.
5. Be a contact point and
cooperate with relevant units to instruct and inspect the implementation of
this Circular; quarterly aggregate remarks and assessment of the implementation
of this Circular and submit them to relevant units on behalf of the Governor of
the State Bank.
6. Quarterly, make a list
of credit institutions violating provisions of statistical reports prescribed
in this Circular and submit it to Banking Supervision and Inspection Agencies
and Departments.
7. Take charge of and
cooperate with relevant units to formulate, store, preserve, provide and
publish aggregate statistical figures under the provisions of laws and
directions of the Governor of the State Bank .
Article 17.
Responsibilities Information Technology Administration
1. Take charge of as a
contact point to timely and fully receive and update electronic reporting forms
on the electronic report submission system or information carriers. Request the
reporting unit to rectify and resubmit its correct report in case of incorrect
name, data file structure or technical indicators or in the absence of
reporting forms; timely notify the reporting unit of its data file status.
Correct errors in data transmission of the State Bank.
2. Develop and control the
statistical database system of the State Bank; ensure the application of such
data by affiliates of the State Bank.
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4. Take charge of setting
up the electronic report submission system, instruct and provide affiliates of
the State Bank with training in application of informatics systems for transmission,
inspection, use and aggregation of reporting forms.
5. Take charge of and
cooperate with Department of Monetary Statistics and Forecast to research and
develop informatics programs applied to statistical reporting, to establish
procedures for data transmission, receipt and inspection of electronic reports
through the electronic report submission system and to provide guidance on the
implementation of this Circular.
6. Take charge of and
cooperate with affiliates of the State Bank and credit institutions to resolve
concerns and issues related to the electronic report submission system during
the implementation of this Circular.
7. Provide guidelines on
grant and management of passwords and digital signatures used for the
electronic report submission system to reporting units.
8. Take charge of and
cooperate with the Department of Monetary Statistics and Forecast and relevant
agencies to provide guidelines on name, data file structure of a electronic
report and instruct reporting units to formulate and submit their electronic
reporting form under provisions of this Circular.
9. Establish a procedure
for submission of electronic reports and instruct reporting unit to carry out
such procedure if the data transmission system of the State Bank breaks down.
10. Inspect and verify the
data file transmission transmitted by the reporting unit and send a
notification of the verification result of data file transmission to the
recipient in case the reporting unit has transmitted their data file; however,
the recipient does not receive their submission through the electronic report
submission system.
11. Timely and fully update
reporting forms modified by the reporting unit at requests of the State Bank.
12. Record and make a
backup of the log of receipt of reporting forms (hereinafter referred to as the
log) submitted by reporting units. Quarterly, transmit the log of the previous
quarter to affiliates of the State Bank through the electronic report
submission system and notify of the implementation and observation of this
Circular by reporting units by the first month ended of the following quarter.
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Article 18.
Responsibilities of Banking Supervision and Inspection Agencies
In addition to responsibilities specified in
Article 15 hereof, Banking Supervision and Inspection Agencies shall:
1. Inspect and supervise
the observance of this Circular by relevant entities and deal with violations
against provisions of laws.
2. Timely and lawfully deal
with credit institutions against provisions of laws after receipt of the list
of such credit institutions from the Department of Monetary Statistics and
Forecast stipulated in Article 16 hereof, and notify the Department of Monetary
Statistics and Forecast of the result of violation handling.
Article 19.
Responsibilities of branches of the State Bank of provinces
1. Expedite People’s Credit
funds within the provinces to timely and fully submit their reporting formats;
check the reliability and validity of figures reported by the People’s Credit
fund whose headquarter is located in the province
2. Supervise, examine and
verify reporting forms of branches of credit institutions whose headquarter is
situated within the province.
3. Quarterly remark and
assess the implementation of this Circular by People’s Credit Funds within the
province and report to the State Bank (Department of Monetary Statistics and
Forecast) by the last working day of the first month of the following quarter.
4. Directly contact with
Banking Supervision and Inspection Agencies taking charge of formulating, supervising
and aggregating reporting forms or submit the State Bank (Department of
Monetary Statistics and Forecast) a written report on issues or concerns
arising during the implementation of this Circular.
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Article 20.
Responsibilities of credit institutions
1. The headquarters f each
credit institution shall be the contact point taking charge of submitting
reports and taking responsibility towards laws and the Governor of the State
Bank for the adequacy and accuracy of aggregate figures of its entire banking
system and specific figures of every branch of the credit institution in the system.
2. After receipt of the
notification of inspection from the Information Technology Administration or
discoveries of errors on the report that is submitted to the State Bank , the
headquarter shall:
a) Timely rectify and resubmit the correct report
to the State Bank;
b) Submit an explanation for causes of mistakes
to the recipient. The scope and structure of the explanation shall comply with
guidance of the Information Technology Administration.
3. Obey provisions of
statistical reports regulated hereof. Any issues arising during the
implementation of this Circular should be promptly reported to the State Bank.
To be specified :
a) The headquarter (unless People’s Credit Funds
and branches of foreign banks are contact points of their banking system
operating in Vietnam) shall directly contact with the recipient stated on the
reporting form presented in Part III, Appendix 1 hereof or submit and written
report to the State Bank (Department of Monetary Statistics and Forecast);
b) The People's Credit Fund shall directly
contact or submit a written report to the branch of the State Bank of the
province where its headquarter is located.
Article 21. Application of
reporting forms
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2. Affiliates of the State
Bank wishing to apply reporting forms under the administration of other
affiliates of the State Bank shall submit a written enrollment to Department of
Monetary Statistics and Forecast.
3. Entities eligible for
application of reporting forms shall manage and apply the statistical data in
the right manner and in accordance with provisions of laws on information
security.
Chapter III
IMPLEMENTATION
ORGANIZATION
Article 22. Emulation and
commendation
Excellent accomplishment and observance of the
Circular is one of the criteria to be considered awarding titles and
commendation under current provisions of laws.
Article 23. Handling of
violations
Violations against provisions of this Circular
shall be dealt with according to their nature and severity under current
provisions of laws.
Article 24. Entry into
force
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2. Chiefs of Office,
Directors of Departments of Statistics and Forecast and Directors of affiliates
of the State Bank, Chairpersons of the Executive Board, Chairpersons of the
Board of members and General Directors (Directors) of credit institutions shall
be responsible for the implementation of this Circular.
APPENDIX 2
GUIDELINES ON COMPILATION OF STATISTICAL REPORTS
(Issued together with Circular No.35/2015/TT-NHNN dated December 31, 2015)
The scope of guidelines hereof shall apply to
the statistics of reporting forms specified in Part III, Appendix 1 enclosed
with this Circular. Application of reporting forms other than those in this
Appendix shall follow requirements specified in the reporting form.
PART I
GENERAL PROVISIONS
1.
Calculated unit: the calculated
unit applicable to reporting indicators shall be specified in reporting forms
regulated in Part II “reporting forms”, Appendix 1 enclosed with this Circular.
2.
Foreign exchange rate applicable to
statistical reports:
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b. Exchange
rate between VND and other currencies: the exchange rate announced by the General
Director (Director) of the credit institution as at the last working day of the
reported period.
c. Exchange
rate between USD and other currencies: the exchange rate announced by the
General Director (Director) of the credit institution as at the last working
day of the reporting period .
3.
Rules for rounding:
a. If the
unit is million dong: the amount after the decimal mark that is greater than or
equal to 500,000 dong shall be rounded up to 1,000,000 dong; the amount after
the decimal mark smaller than 500,000 dong shall rounded down to 0 .
b. If the
unit is billion dong: the amount after the decimal mark that is greater than or
equal to 500 million dong shall be rounded up to 1 billion dong; the amount
after the decimal mark smaller than 500 million dong shall be rounded down to
0.
c. If the
unit is thousand USD: the amount after the decimal mark that is greater than or
equal to 500 USD shall be rounded up ; the amount after the decimal mark
smaller than 500 USD shall be rounded down to 0.
c. If the
unit is million USD: the amount after the decimal mark that is greater than or
equal to 500,000 USD shall be rounded up ; the amount after the decimal mark
smaller than 500,000 USD shall be rounded down to 0.
PART II
INTERPRETATION OF TERMS
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2.
Mid-term credit means a credit granted of a period of 12 up to 60
months.
3.
Long-term credit means credit granted for a period longer than 60
months.
4.
Credit extension means an agreement allowing an organization or
individual to use a sum of money or a commitment allowing the use of a sum of
money on the repayment principle by such professional operations as lending,
discount, rediscount financial leasing, factoring, bank guarantees and other
credit extension operations.
5.
Credit balance means the balance of credit granted by the
following ways at a specific time:
Lending;
b) Discounts, re-discounts on negotiable
instruments and other valuable papers ;
c) Finance leasing;
d) Factoring;
dd) Payments on behalf of borrowers, where such
borrowers fail to make their payment on due date;
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6.
Outstanding debt means all credit balances of debt groups 3, 4 and
5 classified in accordance with current provisions of the Governor of the State
Bank.
7.
Criteria for classification of SMEs:
under Article 3 of Decree No.56/2009/ND-CP
on assistance in developments of SMEs dated June 30, 2009 of the Government,
SMEs specified in this Circular are business establishments that have business
registrations and total capital in accordance with provisions of laws (total
capital means total assets defined in the enterprise’s balance sheet). Guidance
on division of industry level 1 into 3 sectors according to the total capital
prescribed in the Appendix 4 hereof.
8.
Residents and non-resident of Vietnam:
8.1. Residents of Vietnam include the
following entities:
a) Credit institutions, branches of foreign
banks that are incorporated and operating in Vietnam under the Law on credit
institutions;
b) Economic organizations not being credit
institutions that are incorporated and operating in Vietnam (hereinafter
referred to as economic organizations);
c) State regulatory agencies, armed force units,
political organizations, socio-political organizations,
socio-political-occupational organizations, social organizations, social funds
and charitable funds of Vietnam operating in Vietnam;
d) Overseas representative offices of
organizations prescribed in point a, b and c of this clause;
dd) Diplomatic missions, consulates,
representative offices of international organizations located in Vietnam;
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g) Vietnamese citizens who travel, visit,
receive or administer medical treatment or study abroad.
h) Foreigners who are permitted to stay in
Vietnam for at least 12 months Expats who study, receive or administer medical
treatment, travel or work for permanent diplomatic missions, consulates,
representative offices of international organizations placed in Vietnam shall
not be considered as residents;
i) Branches of foreign economic organizations
placed in Vietnam, forms of commercial presence of foreign corporations
participating in investment activities under laws on investment and executive offices
of foreign contractors situated in Vietnam.
8.2. Non-residents of Vietnam include entities other than those specified in clause 8.1, Part 2 of this Appendix.
9.
Value of valuable paper means the face value of the valuable paper
purchased or re-sold by a credit institution.
10. State-owned
joint-stock commercial bank means every joint-stock commercial bank with at
least 50% of their charter capital held by the State.
11. Non-credit
institution means every organization not being a credit institution that is
incorporated in Vietnam and provides at least one of the following activities:
deposits, lending, discount or rediscount negotiable instruments and other
valuable papers, financial leasing, bank guarantee and other ways of credit
extension; foreign investment and foreign currency trading; payment services in
accordance with laws of Vietnam; insurance brokerage and supply services; and
security brokerage and trading. To be specified:
a) Deposit insurance of Vietnam;
b) Social insurance of Vietnam;
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d) Insurers;
e) Credit guarantee funds for SMEs;
g) Payment service providers (credit cards,
payment cards, foreign exchange remittance cards, etc.);
h) Organizations granting amortized consumer
loans, consumer loans and mortgages;
i) Companies providing factoring services;
k) Securities companies, and firms providing
services of asset management and securities investment;
l) Others.
APPENDIX 3
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Table 01: VIETNAM STANDARD INDUSTRIAL CLASSIFICATION
No.
Sectors
Code
A
Agriculture, forestry and fishing
0101
B
Mining and quarrying
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C
Manufacturing
0202
D
electricity, gas, , steam and air conditioning
supply
0203
E
Water supply; sewerage, waste management and
remediation activities
0204
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Construction
0301
G
Wholesale and retail trade; repair for motor
vehicles and motor cycles
0401
H
Transportation and storage
0402
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0403
J
Information and communication
0501
K
Financial, banking and insurance activities
0601
L
Real estate activities
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M
Professional, scientific and technical
activities,
0701
N
Administrative and support service activities
0702
O
Activities of Communist Party, socio-political
organization, public Administration and defense; compulsory security
0801
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Education and training
0802
Q
Human Health and socio work activities
0803
R
Arts, entertainment and recreation
0804
S
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0805
T
Activities of households as employers,
undifferentiated goods and services producing activities of households for
own use
0806
U
Activities of extraterritorial organizations
and bodies
0807
Note: This table
presents the industrial level 01. Credit institutions shall uniformly encode
the industry classification up to level 5 . The scope of each classification shall
be specified in the Decision No.337/QD-BKH on the scope of Vietnam’s system of business lines dated April 10, 2007 of the Minister of Planning and
Investment.
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No.
Types of
Organizations
Code
1
State-owned companies
01
2
One member limited liability companies of
which 100% charter capital is held by the State
02
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Limited liability companies with 02 or more members
of which more than 50% of the charter capital is held or coordinated by the
State
03
4
Other types of limited liability companies
04
5
The Joint-stock company of which over 50% of share
capital or or the total voting share capital is held or coordinated by the
State under the company's charter
05
6
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06
7
Partnerships
07
8
Private enterprises
08
9
Foreign-invested companies
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10
Cooperatives and inter-cooperatives
10
11
Business household and individuals
11
12
Public administrative units, agencies of the
Communist Party, unions and associations
12
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Others
13
Table 3.
CLASSIFICATIONS OF CREDIT INSTITUTIONS
No.
Name of
credit institution
Code
1
State-owned commercial banks
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2
Vietnam Banks for social policies
02
3
State-owned joint-stock commercial banks
03
4
Other types of State-owned joint-stock
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04
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Joint-venture Banks
05
6
Branches of foreign banks
06
7
Wholly foreign-owned banks
07
8
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08
9
Financial companies
09
10
Cooperative Banks of Vietnam
10
11
People's credit funds
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APPENDIX 4
GUIDANCE ON CLASSIFICATION OF TYPES OF ENTITIES AND
SMEs
(Promulgated together with No.35/2015/TT-NHNN dated
December 31, 2015)
1. Guidance on classification
of types of entities:
This guidance is compiled in accordance with regulations of the Law on
Enterprises (2014), Law on Investment (2014), Law on Cooperatives (2012) and
Law on State enterprises (2003).
Enterprise means every business
organization having its own name, assets and and registered headquarter
carrying on businesses under Vietnam's Laws.
State-owned enterprise means every
business organization whose wholly charter capital is held by the State, and
operating in the form of state-owned company in accordance with the law on
state-owned enterprises without changes in the business model.
1.2 Wholly state-owned one member limited
company means every business enterprise whose wholly charter capital is held by
the State.
1.3. Limited liability company of at least
two members with above 50% of charter capital held by the State means every
limited liability company of at least 01 member of which the State’s capital
contribution occupies above 50% of the enterprise’s charter capital or the company
is coordinated by the State.
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1.5. Joint-stock company means every enterprise
where 50% of its share capital or the total voting shares is held by the State;
or the company’s charter is governed by the State.
1.6 Other joint-stock company means every
joint-stock company other than those specified in point 1.5 hereof.
1.7. Partnership means every enterprise
that satisfies the following requirements:
a) at least 02 partners who share ownership
cooperate with each other to run a business under a mutual name (hereinafter
referred to as partners); there may be capital contributors in a partnership;
b) Every partner shall be individuals and
responsible for obligations of their partnership with all their own properties;
c) A capital contributor shall be responsible
for losses or liabilities in the extent of his/her contributed capital.
1.8. Private enterprise means every
enterprise undertaken by an individual under private ownership and this
individual shall be responsible for all operation activities of his/her
partnership with hi/her own properties;
1.9. Foreign-invested companies means
every enterprise that is established by foreign investors and operates in
Vietnam; or Vietnamese companies that is merged, taken over or acquired by
foreign investors.
1.10. Cooperatives, inter-cooperatives means
those that are managed and registered under the Law on Cooperatives (2012).
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Credit extended to officers, students and
overseas workers is included.
1.12. Public administrative service agencies,
agencies of the Communist Party, unions and associations means public
service agencies, socio-political organizations, social-occupational
organizations, schools, associations, etc.
1.13. Others mean types of organizations
other than those mentioned in points 1.1 through 1.12 of this Appendix.
2.
Guidance on division of industry level 1 into 03 sectors:
No.
Name of
industry sector
Symbol
Name of
Industry
Code
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I
Agriculture, forestry and fishing
A
Agriculture, forestry and fishing
0101
Not exceeding VND 100 billion
II
Manufacturing and construction
B
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0201
Not exceeding VND 100 billion
C
Manufacturing
0202
d
electricity, gas, , steam and air conditioning
supply
0203
E
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0204
F
Construction
0301
III
Commerce and services
G
Wholesale and retail trade; repair for motor
vehicles and motor cycles
0401
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H
Transportation and storage
0402
II
Accommodation and food service activities
0403
J
Information and communication
0501
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Financial, banking and insurance activities
0601
L
Real estate activities
0602
M
Professional, scientific and technical
activities
0701
N
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0702
O
Activities of Communist Party, socio-political
organization, public Administration and defense; compulsory security
0801
P
Education and training
0802
Q
Human Health and socio work activities
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r
Arts, entertainment and recreation
0804
S
Other service activities
0805
T
Activities of households as employers,
undifferentiated goods and services producing activities of households for
own use
0806
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Activities of extraterritorial organizations
and bodies
0807