Circular No. 26/2018/TT-NHNN on monetary, banking, and foreign exchange statistics surveys outside the National Statistical Survey Program

CIRCULAR

Regulations on monetary, banking, and foreign exchange surveys outside the National Survey Program

Chapter on the National Survey Program

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

Based on 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 the Law on Statistics dated November 23, 2015;

Based on Decree No. 94/2016/NĐ-CP dated July 1, 2016 of the Government detailing and guiding the implementation of certain provisions of the Statistics Law 2015;

Pursuant to the Decree No. 85/2017/NĐ-CP dated July 19, 2017 of the Government stipulating the structure, tasks, and powers of centralized statistical organizations and statistical organizations under ministries and ministerial-level agencies;

Pursuant to Government Decree No. 16/2017/NĐ-CP dated February 17, 2017 on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to the proposal of the Director of the Forecasting and Statistics Department;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on monetary, banking, and foreign exchange surveys (hereinafter referred to as monetary and banking surveys) outside the National Survey Program.

Article 2. Applicability

1. Units under the State Bank of Vietnam (hereinafter referred to as the State Bank).

2. Credit institutions, branches of foreign banks, and representative offices of foreign credit institutions.

3. Individuals and other organizations related to monetary and banking surveys outside the National Survey Program.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Monetary and banking surveys outside the National Survey Program include monetary and banking surveys conducted by the State Bank and monetary and banking surveys outside state statistics.

2. Monetary and banking surveys conducted by the State Bank are surveys carried out by the State Bank to collect statistical information on money, banking, and foreign exchange that do not belong to the national statistical indicator system and other relevant statistical information for the State Bank to perform its functions as prescribed by law.

3. Monetary and banking surveys outside state statistics are surveys in the fields of money, banking, and foreign exchange conducted by organizations and individuals, which do not belong to the Statistical Program.

4. The Statistical Program is defined in Clause 4, Article 3 of the Statistics Law.

5. The monetary and banking survey program is decided by the Governor of the State Bank (hereinafter referred to as the Governor), carried out periodically to collect information on statistical indicators serving the management needs of the State Bank in the fields of money, banking, and foreign exchange that do not belong to the national statistical indicator system and outside the State Bank's statistical reporting system.

6. The subjects of monetary and banking surveys are organizations and individuals subject to such surveys.

Article 4. Principles of monetary and banking survey activities

1. Ensuring truthfulness, objectivity, accuracy, completeness, and timeliness.

2. Ensuring independence in professional and operational statistics.

3. Ensuring uniformity in operations; no overlapping or repetitive surveys with other surveys.

4. Publicizing the methods of conducting surveys and publishing survey information in accordance with the law.

5. Comparability.

6. Ensuring equal access and use of published survey information.

7. Data and information from individual surveys about each organization and individual must be used for their intended purpose and kept confidential as prescribed by law.

Chapter II

SPECIFIC PROVISIONS

Section 1

||| Article 5. Types of monetary and banking statistical surveys conducted by the State Bank

||| The types of monetary and banking statistical surveys conducted by the State Bank include:

1 ||| 1. Surveys under the National Monetary and Banking Statistical Survey Program.

2 ||| 2. Ad hoc monetary and banking statistical surveys.

6 ||| Article 6. Surveys under the National Monetary and Banking Statistical Survey Program

1 ||| Based on assigned functions and tasks and information requirements for management and operation, no later than October 5 each year, units under the State Bank propose regular surveys (if any) to be added to the National Monetary and Banking Statistical Survey Program.

The proposal content includes: Name of the survey; Purpose of the survey; Survey subjects; Scope of the survey; Urgency of the survey; Survey methods; Content and survey forms; Survey period; Anticipated survey implementation date; Lead unit; Coordinating units; Anticipated survey outcomes; Budget estimate; Funding source.

2 ||| On the basis of unit proposals (if any), no later than December 30 each year, the Forecasting and Statistics Department compiles and submits to the Governor for review and decision to amend and supplement the National Monetary and Banking Statistical Survey Program.

7 ||| Article 7. Ad hoc monetary and banking statistical surveys

||| Ad hoc monetary and banking statistical surveys are conducted when there is a need to collect urgent information in the monetary and banking sector that does not fall within the National Monetary and Banking Statistical Survey Program.

8 ||| Article 8. Survey preparation

1 ||| Establishing the Survey Steering Committee

a ||| For surveys with wide scope requiring coordination among multiple units, the Governor decides whether to establish a Survey Steering Committee.

b ||| The Survey Steering Committee consists of: One member of the State Bank Leadership Board as Chair; One leader from the lead unit implementing the survey as Deputy Chair; One leader from the Forecasting and Statistics Department (in cases where it is not the lead unit); Other members as decided by the Governor.

c ||| The Organizational and Cadre Affairs Department acts as the coordinating body to work with relevant units to draft and submit to the Governor for issuance the Decision establishing the Survey Steering Committee.

d ||| The Survey Steering Committee performs rights and obligations as stipulated in Article 13 of this Circular.

2 ||| Survey Decision

||| A survey conducted by the State Bank must be decided by the Governor.

3 ||| Survey Plan

a ||| Each survey must have a survey plan issued together with the Governor's survey decision.

b ||| The survey plan must be reviewed by the General Statistics Office for professional and statistical expertise before issuance. The review file for the survey plan is specified in Clause 2, Article 32 of the Statistics Law.

c ||| The survey plan includes contents specified in Clause 2, Article 31 of the Statistics Law.

4 ||| Survey Questionnaire

a ||| The survey questionnaire model comes with guidance on asking and answering survey questions.

b ||| Only information recorded, reflected, or collected on valid survey questionnaires can be used to compile survey results.

5 ||| Valid survey questionnaires must meet the following conditions:

a ||| They must contain all required content and be in the correct format according to the approved survey questionnaire model accompanying the survey plan.

b ||| Information recorded and reflected on the survey questionnaire must be truthful, complete, objective, and accurately represent the views and opinions of the surveyed subject.

c ||| Valid survey questionnaires must be distributed by the Survey Steering Committee or the lead unit conducting the survey.

d ||| In cases of direct survey methods, completed survey questionnaires recording information collected from the surveyed subject must be signed and clearly marked with the name of the surveyor.

c) The statistical survey form must be issued by the Steering Committee for the statistical survey or the main implementing unit of the statistical survey;

d) In cases where the statistical survey is conducted through direct methods, the completed statistical survey form containing information collected from the statistical survey subjects must be signed and clearly marked with the full name of the person conducting the statistical survey.

Article 9. Conducting statistical surveys

1. Carry out the distribution of statistical survey forms or dispatch personnel to directly contact the subjects of the statistical survey to collect statistical information.

2. Aggregate and process the collected statistical information.

3. Prepare and submit to the Governor for approval the report on the results of the statistical survey.

4. Report the results of the statistical survey to the General Statistics Office.

5. Announce the results of the statistical survey.

6. In cases where necessary, based on the proposal of the leading unit implementing the statistical survey, the Governor decides on hiring external organizations outside the State Bank to conduct one or several tasks of the statistical survey.

Article 10. Announcing and disseminating the results of statistical surveys

1. The Governor decides on announcing the results of the statistical survey in accordance with the provisions of the Law on Statistics.

2. Forms of disseminating the results of the statistical survey include:

a) The electronic information website of the State Bank;

b) Statistical yearbooks;

c) Statistical products in written form, various forms of electronic information storage;

d) Press conferences, press releases;

e) Mass media.

Article 11. Confidentiality and use of information and results of statistical surveys

1. Information and results of statistical surveys must be kept confidential including:

a) Information and data linked to the name and specific address of each organization or individual, except when such organization or individual agrees or there is a different provision in the law;

b) Survey information that has not been officially announced by authorized persons;

c) Information listed in the national secret category.

2. Information and results of statistical surveys shall be used for the purposes specified in the approved survey plan and in accordance with the provisions of the Law on Statistics.

3. Any citation or use of information and results of statistical surveys published by the State Bank must be truthful and clearly indicate the source of the information.

4. Agencies, organizations, and individuals may use information and results of statistical surveys published to serve their activities but must not negatively impact monetary stability and banking operations, nor harm the interests of the state and the interests of organizations or individuals providing survey information.

Article 12. Budget for statistical surveys

1. Management, allocation, and use of funds for statistical survey activities shall be carried out in accordance with the provisions of the State Budget Law.

2. Funds for conducting statistical surveys are included in the State Bank's budget estimate in accordance with the State Budget Law and the Statistics Law.

3. The Administrative Department is responsible for reviewing and compiling the budget estimates for statistical survey funds based on proposals from the units implementing the surveys, and the Financial and Accounting Department is responsible for allocating funds in accordance with the regulations.

Article 13. Rights and obligations of the Steering Committee for the statistical survey

1. Direct the development of the statistical survey plan.

2. Direct the implementation of the statistical survey according to the survey plan.

3. Direct the collection, aggregation, processing, analysis of survey information, and the preparation of the report on the results of the statistical survey.

4. Submit to the Governor for the announcement of the results of the statistical survey.

Article 14. Responsibilities of the Leading Unit Implementing the Statistical Survey

1. Develop the survey plan, survey forms, and related documents.

2. Coordinate with the Forecasting and Statistics Department to prepare the dossier for the General Statistics Office to review the survey plan.

3. Lead and coordinate with the Forecasting and Statistics Department and relevant units to draft and submit to the Governor for issuance of the Decision on the Statistical Survey.

4. Advise and assist the Steering Committee of the Statistical Survey (if established) in exercising the rights and obligations of the Steering Committee as stipulated in Article 13 of this Circular.

5. Organize the implementation of the approved survey plan.

6. Check the provision of information by the surveyed entities.

7. Collect, compile, process, analyze survey information, and prepare a report on the survey results for submission to the Governor for approval (in cases where no Steering Committee for the Statistical Survey is established), or for submission to the Steering Committee for the Statistical Survey for further submission to the Governor for approval (in cases where a Steering Committee for the Statistical Survey is established).

8. Send the Decision on the Statistical Survey, the survey plan, detailed reports on survey results, collected data, and content of survey result announcements to the Forecasting and Statistics Department immediately after receiving the Governor's approval or issuance.

9. Safeguard and manage the files and documents of the statistical survey.

Article 15. Responsibilities of the Forecasting and Statistics Department

1. Lead and coordinate with relevant units to draft, submit to the Governor for issuance, amendment, supplementation, and organize the implementation of the Monetary and Banking Statistical Survey Program.

2. Lead and coordinate with relevant units to prepare the dossier for reviewing the survey plan to be sent to the General Statistics Office for review as prescribed.

3. Guide, monitor, and inspect relevant units in implementing the approved Monetary and Banking Statistical Survey Program.

4. Coordinate with relevant units to draft and submit to the Governor for issuance of the decision on the statistical survey and approval of the survey plan.

5. Lead and coordinate with relevant units to compile and report the results of the State Bank of Vietnam's statistical surveys to the General Statistics Office.

6. Annually, compile observations, evaluations, and report to the Governor on the implementation of regulations on monetary and banking statistical surveys as stipulated in this Circular.

Article 16. Rights and Obligations of the Surveyed Entities

1. The surveyed entities have the following rights:

a) To be informed about the decision, purpose, requirements, scope, main content, and time limit of the survey;

b) To have their provided information kept confidential according to the provisions of Article 11 of this Circular;

c) To lodge complaints and denunciations against violations of laws on statistical surveys.

2. The surveyed entities have the following obligations:

a) To provide truthful, accurate, complete, and timely information as required by the State Bank of Vietnam;

b) Not to refuse or obstruct the provision of statistical survey information to the State Bank of Vietnam;

c) To accept inspections by the State Bank of Vietnam and specialized statistical audits regarding the provided information.

Section 2

SURVEY AND STATISTICS OF CURRENCY AND NON-GOVERNMENT BANKING

RESPONSIBLE PERSONNEL, INDIVIDUAL

Article 17. Survey and statistics of currency and non-government banking

1. Organizations and individuals conducting survey and statistics of currency and non-government banking for scientific research and business production in accordance with the provisions of the law shall aim to serve such purposes.

2. Organizations and individuals conducting survey and statistics of currency and non-government banking must comply with the requirements stipulated in Article 68 of the Statistics Law.

3. Organizations and individuals are not permitted to conduct surveys and statistics or disclose information about such surveys that harm national interests, monetary stability, the safety of banking operations, and national monetary policy.

4. When organizations and individuals publish the results of survey and statistics of currency and non-government banking outside government statistics, they must cite the survey method, survey form, scope of the survey, time and date of commencement and completion of the survey.

Article 18. Value of Information and Results of Survey and Statistics of Currency and Non-Government Banking Conducted by Organizations and Individuals

The information and results of the surveys and statistics specified in Clause 1 of Article 17 of this Circular do not have the value to replace the statistical information published by the State Bank.

Chapter III

IMPLEMENTATION

Article 19. Effective Date

This Circular takes effect from December 31, 2018, and replaces Circular No. 06/2011/TT-NHNN dated March 22, 2011, issued by the State Bank on survey and statistics in the field of currency, banking activities, and foreign exchange.

Article 20. Implementation

The Director of the Office, Heads of the Forecasting and Statistics Department, Heads of units under the State Bank, Governors of the State Bank branches in provinces and centrally-administered cities, Chairmen of the Management Boards, General Directors (Directors) of credit institutions, and foreign bank branches are responsible for implementing this Circular./.