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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.
09/2003/TT-NHNN
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Hanoi,
August 05, 2003
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CIRCULAR
GUIDING
THE IMPLEMENTATION OF SEVERAL PROVISIONS OF THE DECREE NO. 55/2001/ND-CP DATED
23 AUGUST, 2001 OF THE GOVERNMENT ON THE MANAGEMENT, PROVISION AND USE OF
INTERNET
Pursuant to the Article 17
and 36 of the Decree No. 55/2001/ND-CP dated 23 August, 2001 of the Government
on the management, provision and use of Internet, the State Bank of Vietnam
provides the guidance on the implementation of several specific contents on the
management, provision and use of Internet in banking sectors as follows:
I. GENERAL PROVISIONS
1. Governing scope and subjects
of application.
a. This Circular provides the
guidance on several contents of the management, provision and use of Internet
based services in banking sectors in accordance with the Decree No.
55/2001/ND-CP dated 23 August, 2001 of the Prime Minister.
b. Subjects of application.
- Organizations, units operating
in banking sectors, which provide Internet based services in banking sectors.
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2. Terms in this Circular shall
be construed as follows:
a. Information network and
database of the State Bank's operations shall be the State Bank's internal
network, which is specifically used for the State Bank's operation and
activities only. Information and database in this network, which are secured in
a confidential system, shall not be transmitted in the Internet network.
b. Internet equipment system
shall be the combination of electronic, telecommunication, informatics
equipments and other supporting equipments, including hardware, software which
are set up by subjects (provided for in paragraph 1, section I of this
Circular) at a place with its specific address and scope and those subjects
shall be entitled to have full powers to use in accordance with provisions of applicable
laws in order to serve directly for the provision and use of Internet services.
c. Intranet shall be an
information system, which is linked by IP and uses a unified address system
within the scope of an organization, unit to provide different services and
applications to users.
d. Internet based service in
banking sectors shall be the service, which uses the Internet network to
provide banking services to users.
II. SPECIFIC PROVISIONS
1. The provision and use of
Internet based service in banking sectors shall be carried out through contract
in accordance with provisions of applicable laws and in line with the actual
business conditions of units.
2. Contracts of the provision
and use of Internet based service in banking sectors shall be made in writing.
On the basis of provisions of applicable laws on the contracts, the management
of the provision and use of Internet service, organizations, units, which
provide the Internet based service in banking sectors shall be responsible for
the preparation, issuance of special contract form to unify the performance in
their units.
3. Organizations, units
operating in banking sectors, which desire to provide Internet based service
shall be permitted by the Governor of the State Bank of Vietnam under following
conditions:
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b. Availability of a computer
information network design with adequate equipment to make the examination,
supervision convenient to ensure the security and information security.
c. Availability of a technician
team satisfying system's requirements;
d. Compliance with the
Regulation on the provision and use of Internet based service.
4. Organizations, units
operating in banking sectors, which use the Internal information network (Intranet),
must establish the Operation Committee for the management and use of Intranet
and Internet. The Head of the unit shall appoint the Committee Head. The
Operation Committee for the management of provision and use of Intranet and
Internet network service shall only have the authority and responsibility for
units, individuals, which are within the scope of management of their unit.
5. Authorities, responsibilities
of the Operation Committee for the management and use of Intranet and Internet
network.
a. Authorities:
- Making decision on types,
contents of information in Intranet network within their management in
accordance with current provisions;
- Examination and issuance of
certifications to units, individuals, which satisfy fully conditions for the
establishment of Intranet network and/or for the connection to the Internet;
- Suspension of units,
individuals, which violate provisions on the management and use of Intranet
network in banking sectors;
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b. Responsibilities:
- Being responsible before the
Head of unit for the use of Intranet, Internet network in accordance with
current legal documents;
- Provision of technical
conditions to secure information security to computer network system, which is
connected to the Internet.
6. Information networks and
databases of banking operations of units, individuals in banking system shall
not be connected directly to the Internet network. When the connection to the
Internet network is required, it is required to set up a special network (or
connection place), to codify information, to possess effective technical
measures for anti-access, anti-stealing, anti-vandalization for professional
information system, specific database, at the same time, the information
exchange must be controlled.
7. Authorities and
responsibilities of organizations, units operating in banking sectors, which
are permitted to provide Internet based service.
a. Authorities:
- To take the initiative of
design, establishment of technical equipment system to provide Internet based
service to members being objects, which are stipulated in the license.
- To be permitted to use
Internet based services upon demands and duties of their units in accordance
with the plan and provisions of the Internet resources management.
- To use administrative and
technical measures in order to manage, exploit, use, provide Internet based
services managed by themselves.
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b. Responsibilities:
- To carry out procedures to
receive permission from the State management agency of the Internet service and
be responsible for the compliance with provisions of applicable laws on the
electronic news and information activities.
- To obtain the acceptance,
approval by the Governor of the State Bank when expanding the Internet based
services in banking sectors.
- To be responsible by
themselves for damages, risks caused by the use of Internet.
- To closely control units,
individuals that use and provide Internet based services, which are being
forbidden or have not been permitted to use, provide.
- To guide users of Internet
based services to comply with provisions of the exploitation, use of Internet
based services in accordance with provisions of applicable laws.
- To fully perform clauses,
conditions stated in the contract, which has been entered into with a party
participating to their Internet based services.
- To issue procedures and
formalities of exploiting Internet service within the management scope of their
units.
- To disseminate, guide member
units, users of Internet based services in banking sectors to implement this
Circular and related documents.
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a. Rights:
- To exploit, use Internet based
services in banking sectors under the agreement between parties;
- To claim and to be compensated
when their legal rights have been violated in accordance with provisions of
applicable laws.
b. Obligations:
- To guarantee the safety,
security to Internet equipment system. To manage closely password, special
information and secure Internet equipment system;
- To guarantee contents provided
for, reserved and transmitted by themselves when using Internet based services;
- To provide information to
network administration units on the illegal access, or the access to Internet
based services in banking sectors, which have not been permitted or are being
forbidden;
- To co-operate with and
facilitate the State agencies to carry out security measures of Internet
equipment system, information security and investigation to prevent computer
offenders in Internet activities.
- To pay fee for the use of
Internet based services under the agreement between parties.
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III. IMPLEMENTING PROVISIONS
1. This Circular shall be
effective after 15 days from the date of publication in the official gazette.
Provisions, which are in contrary with this Circular, shall cease their
effectiveness.
2. The Director of the
Administrative Department, the Director of the Banking Information Technology
Department, Head of units of the State Bank, General Managers of the State
Bank's branches in provinces, cities under the central Government's management,
Directors of organizations, units providing Internet services in banking
sectors, General Directors (Directors) of credit institutions shall be
responsible for the implementation of this Circular.
3. Any obstacle, which may arise
during the implementation, shall be informed timely to the State Bank for
consideration and solution.
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Vu Thi Lien