Decision No. 220/1998/QĐ-NHNN16 Issuing the "Regulation on Management and Use of SBVNET"

Pursuant to …;
Bconcerning the "Regulation on Management and Use of SBNNET"

GOVERNOR OF THE STATE BANK OF VIETNAM

WHEREAS Ordinance No. 23/1990/PL-UBTVQH10 on the State Bank of Vietnam dated May 23, 1990;

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies;

WHEREAS Decree No. 121/HĐBT dated August 15, 1987 of the Council of Ministers, now the Government, promulgating the charter for postal services and telecommunications;

WHEREAS Decree No. 12/CP dated March 5, 1997 of the Government on the issuance of the Interim Regulation on management, establishment, and use of the Vietnamese Internet;

Pursuant to the proposal of the Director of the Banking Information Technology Center,

Pursuant to …;

Article 1. hereby promulgates with this Decision the "Regulation on Management and Use of SBVNET".

Article 2This Decision shall take effect from August 1, 1998. All previous regulations contrary to this Decision shall cease to be effective.

Article 3. The Head of the Governor's Office, Heads of units under the State Bank of Vietnam Central, Directors of Provincial and Municipal Branches of the State Bank of Vietnam, and members of the SBVNET Steering Committee shall be responsible for implementing this Decision.

REGULATIONS

MANAGEMENT AND USE OF SBVNET

(PROMULGATED WITH DECISION NO. 220/1998/QĐ-NHNN16
DATED JULY 6, 1998 OF THE GOVERNOR OF THE STATE BANK OF VIETNAM)

PART I

GENERAL PROVISIONS

Article 1. SBVNET means the wide area computer network of the State Bank of Vietnam, abbreviated from the two sets of English words (State Bank of Vietnam - SBV & Wide Computer Network).

Article 2. The physical scope of SBVNET.

1. SBVNET includes the internal intranet of the State Bank of Vietnam. The network connects local area networks (LANs) at the State Bank of Vietnam Central, provincial and municipal branches, and subordinate units to exploit and use information to meet financial, monetary, and banking activity requirements.

2. SBVNET has a direct connection to the Internet through the Vietnam Post and Telecommunications Corporation's network from the State Bank of Vietnam's Information Technology Center to exploit permitted information and services on the Internet.

3. SBVNET is completely independent in access, exploitation, and use of information from payment and settlement networks between banks, real-time transaction accounting networks, and cash and vault accounting networks.

4. SBVNET has connections and data exchanges with other networks such as statistical reporting information, credit information, and other computer networks according to current regulations of the Governor of the State Bank of Vietnam.

Article 3. The SBVNET Steering Committee is established pursuant to Decision No.: .../1998/QĐ-TCCB dated... July... 1998 of the Governor of the State Bank of Vietnam, with specific powers and responsibilities set forth in Chapter II of this Regulation.

Article 4. The Director of the State Bank of Vietnam's Information Technology Center (ITC) is the permanent representative to handle the SBVNET Steering Committee's affairs and directly directs the ITC to implement according to the specific powers and responsibilities set forth in Chapter II of this Regulation.

Article 5. Members of SBVNET

Members of SBVNET are users at workstations or PCs connected to SBVNET. The priority level for member access to SBVNET is primarily based on the necessary information needs and types of information.

1. First-tier members:

Leadership of the State Bank of Vietnam,

Heads of Departments, Bureaus, and Committees under the State Bank of Vietnam Central,

Directors of Provincial and Municipal Branches of the State Bank of Vietnam,

Directors of Representative Offices of the State Bank of Vietnam.

The SBVNET Steering Committee will consider the specific needs of each first-tier member to decide on their connection to SBVNET and issue membership certificates. If a first-tier member is not a direct user, they may only delegate authority to a second-tier member who must meet the conditions specified in Point 2 of this Article.

2. Second-tier members:

Users who meet the following conditions:

a. Are staff currently working at the State Bank of Vietnam Central;

b. Have sufficient IT skills to use SBVNET terminal stations;

c. Are designated by unit heads to use workstations connected to SBVNET;

d. Have a request letter from the unit head to join as an SBVNET member;

e. Hold a membership certificate issued by the SBVNET Steering Committee.

3. Auxiliary members.

Auxiliary members are staff of the State Bank of Vietnam or commercial banks with a need to use SBVNET. The SBVNET Steering Committee will consider issuing acceptance certificates to auxiliary members based on their meeting the usage needs and conditions stipulated in this Regulation.

Auxiliary members must meet the following conditions:

a. Legal basis for registration as a member: Household registration book; Identity card;

b. Have equipment meeting SBVNET connection standards and users having sufficient IT skills to use SBVNET terminal stations;

c. Have an economic contract for using SBVNET and bear the fee for auxiliary members;

d. Hold a membership certificate issued by the SBVNET Steering Committee.

Article 6. Information on SBVNET is for reference only and does not have legal value (does not replace original documents).

Article 7. Accessing information must comply with the regulations and charter for postal services and telecommunications as stipulated in Decree No. 121/HĐBT dated August 15, 1987 of the Council of Ministers, now the Government.

Article 8. The language used for information exchange on SBVNET is initially Vietnamese and English. To ensure inter-network compatibility and international communication, SBVNET will use standard character sets and Vietnamese fonts issued by the Vietnamese Standardization Subcommittee.

PART II

POWERS AND RESPONSIBILITIES OF THE SBVNET STEERING COMMITTEE

Article 9. Powers of the SBVNET Steering Committee.

a. Decide on the types and contents of information on the SBVNET network according to current regulations;

b. Examine and issue membership certificates for SBVNET;

c. Suspend and remove members who violate SBVNET regulations;

Article 10. d. Discipline or recommend prosecution against members who violate regulations.

Responsibilities of the SBVNET Steering Committee.

a. Be accountable to the Governor of the State Bank of Vietnam for managing SBVNET according to this Regulation and related documents;

b. Consider the needs and grant information usage rights to SBVNET members;

c. Supervise functional units in managing and implementing SBVNET regulations;

CHAPTER III

RIGHTS AND RESPONSIBILITIES OF THE CENTER
d. Set fees for auxiliary members.

Article 11. INFORMATION TECHNOLOGY OF THE STATE BANK OF VIETNAM

Monitoring information circulating on the network. In cases of necessity, access rights to the network of members violating established regulations may be temporarily suspended and revoked by the SBVNET Management Board. In cases of serious violations, timely reports must be made to the SBVNET Management Board to inform relevant state authorities for handling according to the law.

Article 12. Responsibilities of the Technical Support Center:

1. Installing, guiding usage, upgrading applications, maintaining, and managing the network system to ensure continuous operation and security for members who have been issued SBVNET usage certificates by the SBVNET Management Board.

2. Properly assigning usage permissions to ensure that the email content of network members complies with state laws on mail secrecy.

3. When notified of technical equipment or software errors by members, the Technical Support Center has the responsibility to promptly address and resolve them.

PART IV

RIGHTS AND RESPONSIBILITIES OF SBVNET MEMBERS

Article 13. Rights of members:

1. Members are permitted to exploit and use information on SBVNET that does not fall within the scope of national secrets, does not affect political security, social order and safety, monetary policy, banking operations, culture, social ethics, and traditional customs of the people.

2. Members have the right to propose constructive opinions for the operation of SBVNET to make it increasingly effective. Members have the right to use permitted services and their own email accounts to exchange useful information with other members under SBVNET management.

Article 14. Responsibilities of members:

1. Members must comply with inspections and supervision by the SBVNET Management Board and relevant state authorities regarding information sent to SBVNET and bear legal responsibility for such information.

2. SBVNET members can only access data areas and services listed in their membership certificates and must not擅自访问其他工作区域。每个成员必须自行管理自己的网络用户名（username）和密码（password），以防止他人非法连接到网络并上传未经许可的信息，并对所管理区域的信息承担法律责任。

3. Members are responsible for thoroughly understanding the regulations concerning the content of information posted on SBVNET and commit to complying strictly with these regulations.

4. No member shall engage in actions harmful to the software or hardware of the system, or through the network, affect other information systems, or infringe upon the rights and reputation of others.

5. Specifically, junior members must pay full and timely fees as stipulated in the contracts signed with the SBVNET Management Board.

CHAPTER V

IMPLEMENTING PROVISIONS

Article 15. Violations of this regulation will be handled administratively or criminally pursued according to the law depending on the nature and severity of the violation.

Article 16. Heads of Departments, Bureaus, Institutes, and subordinate units of the State Bank, Branch Directors of the State Bank in provinces and cities, within the scope of their functions and responsibilities, are responsible for guiding and supervising the implementation of this Regulation.

Article 17. Amendments and supplements to this Charter shall be decided by the Governor of the State Bank./.