Circular No. 10/TT-NH1 guiding the provision of account data as stipulated in Article 5 of Decree No. 91-CP dated November 25, 1993 of the Government on organizing cashless transactions.

CIRCULAR

OF THE STATE BANK OF VIETNAM NUMBER 10/TT-NH1 DATED JUNE 25, 1994 GUIDING THE PROVISION OF ACCOUNT INFORMATION AS PROVIDED FOR IN ARTICLE 5 OF DECREE NO. 91-CP OF THE GOVERNMENT DATED NOVEMBER 25, 1993 ON THE ORGANIZATION OF NON-CASH PAYMENTS

On November 25, 1993, the Government issued Decree No. 91-CP on the organization of non-cash payments. According to Article 5 of the above Decree, after consultation with the Ministry of Finance and taking into account the opinions of relevant agencies, the State Bank of Vietnam guides the implementation as follows:

1. Account information of units and individuals at branches of the State Bank of Vietnam, state-owned commercial banks, joint-stock commercial banks, joint venture banks, foreign bank branches in Vietnam, and the Vietnam Development Bank (hereinafter referred to collectively as "Bank") and the National Treasury shall be provided in the following cases:

1.1. At the request of the account holder or a person authorized in writing by the account holder;

1.2. As prescribed by the General Director (Director) of the Bank, the Director of the National Treasury for internal business operations within the Bank and the National Treasury;

1.3. At the request for supervision, inspection, reporting, and statistics from financial, statistical agencies, and supervisory agencies according to the Accounting and Statistics Law issued under Resolution No. 6LCT/HĐNN8 dated May 20, 1988 of the Council of State; and specific regulations of the Minister of Finance, Governor of the State Bank of Vietnam, and the Director-General of the General Statistics Office;

1.4. At the written request of law enforcement agencies during inspections, investigations, prosecutions, trials, and enforcement of judgments within their jurisdiction as stipulated by law. The document requesting the Bank and the National Treasury to provide account information must be signed by the following persons:

1.4.1. The Procurator, Deputy Procurator, and Prosecutor of People's Procuracies and Military Procuracies at all levels;

1.4.2. The Chief Judge, Deputy Chief Judge of People's Courts and Military Courts at all levels;

1.4.3. Judges of provincial-level People's Courts and central city-level People's Courts and equivalent levels or higher, or judges of military district-level Military Courts and higher who are assigned to preside over court sessions;

1.4.4. Chiefs of public security bureaus at district and county levels and equivalent levels or higher; Heads and Deputy Heads of investigation agencies at provincial and central city levels and equivalent levels or higher; Heads and Deputy Heads of investigation agencies at all levels in the People's Armed Forces. Requests for providing information to these agencies must be approved by the procuratorate at the same level before implementation;

1.4.5. Enforcement officers of enforcement agencies at all levels responsible for enforcing judgments made by courts at all levels;

1.4.6. Inspectors-in-Chief and Deputy Inspectors-in-Chief of state inspection organizations at all levels (including inspections of ministries and sectors).

2. During the examination, appraisal, or copying of account information and related documents, there must be the presence of an account monitoring staff member, chief accountant, or leader of the Bank or the National Treasury where the account was opened. Both parties must prepare a record detailing the location, start and end times of the process; the content provided; the names, positions, workplaces, and signatures of those conducting the investigation, providing the information, and witnessing.

The original record must be kept at the Bank or the National Treasury and preserved long-term in a special file maintained by the head of the agency directly responsible for storage.

The appraisal, examination, or copying of documents can only be conducted at the designated location at the premises of the Bank or the National Treasury where the account was opened and the documents are stored. Original documents must be kept intact and not removed from the designated location.

During the investigation, examination, or copying of original documents, if anyone damages, loses, or alters the original documents, they must prepare a record, assign responsibility, and handle it administratively or criminally as stipulated by law.

3. When the Bank or the National Treasury provides account information of units or individuals according to the provisions of this Circular, they must ensure truthfulness and accuracy, and only provide information as requested in the document and to the person authorized to implement that document. Anyone violating the provisions of this Circular, causing damage to customers, the Bank, or the National Treasury, must compensate for the damage and be subject to administrative disciplinary action, and if serious, will be prosecuted as stipulated by law.

4. This Circular takes effect from the date of issuance, and previous regulations contrary to this Circular are abolished.

Relevant Departments, Bureaus, and Committees of the State Bank of Vietnam, branches of the State Bank of Vietnam in provinces and cities, state-owned commercial banks, joint-stock commercial banks, joint venture banks, foreign bank branches in Vietnam, the Vietnam Development Bank, and the National Treasury are responsible for implementing the provisions of this Circular./.