Circular No. 21/2023/TT-NHNN amends and supplements certain provisions of related Circulars concerning business activities within the functional management scope of the State Bank of Vietnam.

CIRCULAR

Amending and supplementing certain articles of Circulars related tobusiness activities within the scope of the State Bank of Vietnam's management functionsof the State Bank of Vietnam

                                                                              ________________     

Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated June 16, 2010, and the Law Amending and Supplementing Certain Provisions of the Law on Credit Institutions dated November 20, 2017;

Pursuant to Decree No. 102/2022/NĐ-CP dated December 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system of administrative agencies;

Pursuant to Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on implementing administrative procedures in the electronic environment;

Pursuant to Decree No. 42/2022/NĐ-CP dated June 24, 2022 of the Government stipulating the provision of information and online public services by state agencies in the digital environment;

At the proposal of the Director of the Office of the State Bank of Vietnam;

The Governor of the State Bank of Vietnam issues this Circular amending and supplementing certain articles of Circulars related to business activities within the scope of the State Bank of Vietnam's management functions.

Article 1. Amending and supplementing Point b Clause 1 Article 10 of Circular No. 36/2012/TT-NHNN dated December 28, 2012 of the Governor of the State Bank of Vietnam on equipping, managing operation and ensuring safety of automatic teller machine (ATM) operations (Circular 36/2012/TT-NHNN) (amended and supplemented by Clause 2 Article 1 of Circular No. 14/2019/TT-NHNN dated August 30, 2019 of the Governor of the State Bank of Vietnam amending and supplementing certain articles of Circulars stipulating periodic reporting requirements of the State Bank of Vietnam (Circular 14/2019/TT-NHNN)) as follows:

“b) Semi-annual report on ATM operations for the first six months of the year and annual report as follows:

- Method of submission: Electronic report submitted through the State Bank of Vietnam’s reporting system.

- Data cut-off date: From December 15 of the previous year to June 14 of the reporting period for the semi-annual report, and from December 15 of the previous year to December 14 of the reporting period for the annual report.

- Deadline for submission: Not later than July 15 of the reporting year for the semi-annual report, and not later than January 15 of the following year for the annual report.

- Report format according to Form No. 4 (for service providers) and Form No. 5 (for State Bank of Vietnam branches) issued together with this Circular.”

“Article 9. Reporting to the State Management Authority

1. Annually, not later than July 15, credit cooperatives shall be responsible for submitting a report on the operation of the Guarantee Fund for the first six months of the year to the State Bank of Vietnam according to Form No. 01 issued together with this Circular.

2. Annually, not later than 45 days after the end of the fiscal year, credit cooperatives shall be responsible for submitting the following reports to the State Bank of Vietnam:

a) A report on the operation and financial status of the Guarantee Fund for the previous year according to Form No. 01 issued together with this Circular;

b) A report on the results of internal audit by the Supervisory Board of the credit cooperative regarding the operation and financial results of the Guarantee Fund according to Form No. 02 issued together with this Circular.

3. Ad hoc reports upon request of the State Bank of Vietnam.

4. Reports under Clauses 1 and 2 of this Article shall be prepared as electronic reports submitted through the State Bank of Vietnam’s reporting system. Reports under Clause 3 of this Article shall be prepared as paper documents sent directly or via postal services to the State Bank of Vietnam (Bank Inspection and Supervision Department).”

Article 3. Amending and supplementing some articles of Circular No. 12/2022/TT-NHNN dated September 30, 2022, issued by the Governor of the State Bank of Vietnam guiding foreign exchange management for foreign borrowing and repayment by enterprises.

1. Amending and supplementing Clause 1 of Article 7 as follows:

"1. The borrower shall submit one set of documents to implement the administrative procedures prescribed in this Circular in one of the following three ways:

a) Submitting directly at the One-Stop Service Counter of the State Bank of Vietnam;

b) Send through postal service;

c) Submitting online through the National Public Service Portal or the State Bank of Vietnam Public Service Portal (applicable to the registration and issuance of access accounts for users who are borrowers as stipulated in Article 10 of this Circular)."

2. Amend and supplement Clause 3 of Article 10 as follows:

"3. Registration and issuance of access accounts for users who are borrowers:

a) Users fill out the information on:

- An electronic application form for requesting an access account according to the guidance on the website, print the application form from the website, sign and stamp it (applicable to borrowers who do not choose to submit online through the National Public Service Portal or the State Bank of Vietnam Public Service Portal); or

- An electronic application form for requesting an access account on the National Public Service Portal or the State Bank of Vietnam Public Service Portal (applicable to borrowers who choose to submit online on the National Public Service Portal or the State Bank of Vietnam Public Service Portal).

b) Users send the application form specified in point a of this clause via postal service or submit it directly at the One-Stop Service Counter of the State Bank of Vietnam branch where the borrower's headquarters is located; or submit it online through the National Public Service Portal or the State Bank of Vietnam Public Service Portal;

c) Within three working days from the date of receiving the application form for requesting an access account with complete and valid information, the competent authority as stipulated in point a of Clause 5 of this Article shall approve and issue the access account through the email that the user has registered. In case of refusal to issue the access account, there must be an online response on the National Public Service Portal or the State Bank of Vietnam Public Service Portal or a response sent to the email that the user has registered (applicable to cases where the borrower does not use the online submission method on the National Public Service Portal or the State Bank of Vietnam Public Service Portal), clearly stating the reasons."

Article 4. Replacing the forms in reporting systems.

1. Replacing Form No. 4 and Form No. 5 issued together with Circular No. 36/2012/TT-NHNN (amended and supplemented by Circular No. 14/2019/TT-NHNN) with Form No. 4 and Form No. 5 in Appendix No. 01 issued together with this Circular.

2. Replacing Form No. 01 and Form No. 02 issued together with Circular No. 03/2014/TT-NHNN (supplemented by Clause 3 of Article 2 of Circular No. 14/2019/TT-NHNN) with Form No. 01 in Appendix No. 02 issued together with this Circular; replacing Form No. 03 issued together with Circular No. 03/2014/TT-NHNN (supplemented by Clause 3 of Article 2 of Circular No. 14/2019/TT-NHNN) with Form No. 02 in Appendix No. 02 issued together with this Circular.

Article 5. Responsibilities for Implementation

The Head of the Office, Heads of units under the State Bank of Vietnam, credit organizations, foreign bank branches, enterprises, cooperatives, cooperative unions, and organizations providing payment services are responsible for organizing the implementation of this Circular.

Article 6. Implementation Provisions

1. This Circular takes effect from July 1, 2024, except for the provisions in Clause 2 of this Article.

2. The provisions in Article 3 of this Circular take effect from July 1, 2025.

3. This Circular abolishes Clause 5 of Article 1 and Clause 3 of Article 2 of Circular No. 14/2019/TT-NHNN./.