Circular No. 35/2015/TT-NHNN stipulates the reporting and statistical system applicable to credit institutions and foreign bank branches.

CIRCULAR

Regulations on statistical reporting applicable to credit organizations,

foreign bank branches

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Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Law on Credit Organizations|||No. 47/2010/QH131June 16, 2010; 2010;

Pursuant to the Law on Statistics No. 89/2015/QH13 dated November 23, 2015No. Law No. 89/2015/QH13 dated November 23, 2015;

Pursuant to Decree No. 156/2013/NĐ-CP dated November 11, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;THE The Governor of the State Bank of Vietnam issues this Circular to regulate the Statistical Reporting System applicable to credit organizations and foreign bank branches.

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

The statistical reports prescribed in this Circular fall under the category of central ministry-level statistical reporting systems as defined by the Law on Statistics No. 89/2015/QH13 dated November 23, 2015.|||The statistical reports stipulated in this Circular are a method of collecting statistical information from reporting units to fulfill the State Bank of Vietnam’s (hereinafter referred to as the State Bank) functions of monetary management, banking operations, and central banking.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

For other reports not covered by this Circular, reporting units shall comply with current regulations issued by the Governor of the State Bank and relevant state management agencies.

Article 2. Reporting Units

Credit organizations (excluding microfinance institutions) and foreign bank branches established and operating within the territory of Vietnam according to the Law on Credit Organizations (hereinafter collectively referred to as credit organizations).

Article 3. Receiving Units

The receiving units are entities under the State Bank. Specific receiving units are detailed in the forms attached in Part 3 of Appendix 1 to this Circular.

Article 4. Statistical Reporting Forms

1. Periodic statistical reporting forms (hereinafter referred to as periodic reporting forms): the frequency of reporting, deadlines for submission, reporting units, contents, and instructions for filling out periodic reporting forms are specified in Article 11 of this Circular and Appendices 1, 2, 3, and 4 attached to this Circular.

2. In cases where necessary for management and guidance purposes, the Governor of the State Bank or the Director of the State Bank branch in provincial or centrally-administered city may request reporting units to submit reports using forms not specified in this Circular; reporting units must promptly and fully comply with such requests.

Article 5. Statistical Codes and Classification Guidelines

1. Detailed provisions regarding statistical codes applied in banking statistics are set forth in Appendix 3 attached to this Circular.

2. Guidelines for classifying small and medium-sized enterprises and Vietnamese residents and non-residents are provided in Appendix 2 attached to this Circular; classification of organizational and individual forms, small and medium-sized enterprises, and primary economic sectors across three economic regions is detailed in Appendix 4 attached to this Circular.

Article 6. Reporting Methods

2. Paper-based reporting is in printed form and must conform to the prescribed format, bearing the seal and signature of the authorized person of the reporting unit, along with the signatures and names of the preparer and verifier of the report.

1. An electronic report is a report presented in the form of an electronic data file transmitted over a computer network or sent via a carrier. The electronic report must bear the complete electronic signature of the head or authorized person of the reporting unit, and comply with the designated transmission code, message format, and file structure specified by the State Bank. Electronic reports are mandatorily applicable to all reporting forms prescribed in Part 3 of Appendix 1 attached to this Circular (except for cases stipulated in Clause 2 of Article 8).

2. A paper report is a report on paper and must conform to the prescribed form, bearing the full stamp and signature of the authorized person of the reporting unit, along with the signature and name of the preparer and the checker of the report.

Article 7. Network Connection and Electronic Reporting Process

1. The headquarters of credit organizations (excluding foreign bank branches that are not main branches of the same system operating in Vietnam) shall connect to the Information Technology Department's communication network to submit reports to the State Bank of Vietnam.

2. The Information Technology Department shall connect to the communication network of units under the State Bank of Vietnam to access credit organization reports from the State Bank’s common data repository.

3. In cases where People's Credit Funds do not meet the conditions for connecting to the Information Technology Department's communication network, they shall submit report files via storage media or send written reports to the State Bank branch in the province or centrally-administered city where their headquarters are located (hereinafter referred to as the State Bank branch in the province or centrally-administered city). The State Bank branch in the province or centrally-administered city shall be responsible for updating the report data of each People's Credit Fund and sending it back to the State Bank according to the guidelines of the Information Technology Department.

4. In cases where there are issues with the data transmission system, reporting units must submit report files stored on storage media to the State Bank in accordance with the following provisions:

a) Headquarters of credit organizations (excluding People's Credit Funds and foreign bank branches that are not main branches of the same system operating in Vietnam) shall submit to the Information Technology Department;

b) People's Credit Funds shall submit to the Information Technology Department through the State Bank branch in the province or centrally-administered city where their headquarters are located.

Article 8. Submission of Reports in Written Form

Submission of reports in written form may be applied in the following cases:

1. Report forms prescribed in Clause 2, Article 4 of this Circular.

2. Report forms prescribed in Part 3 of Appendix 1 attached to this Circular in cases where People's Credit Funds do not meet the conditions for connecting to the Information Technology Department's communication network.

Article 9. Confidentiality of Report Information

Statistical report data and related documents classified as state secrets must be managed, used, and transmitted in accordance with the laws on protecting state secrets.

Article 10. Quality of Statistical Report Data

Statistical report data must ensure comprehensive, timely, and accurate reflection of the operational situation of credit organizations. When there are modifications to previously reported data or unusual fluctuations in the current period's data, the reporting unit must submit electronic or written explanations of the report to the receiving unit.

Article 11. Periodicity and Deadline for Submitting Reports

1. Periodicity of Reports:

a) Daily report period is determined based on working days;

b) Ten-day report period (or three periods/month): the first period is from the 1st to the 10th day of the reporting month; the second period is from the 11th to the 20th day of the reporting month; the third period is from the 21st to the last day of the reporting month;

c) Fifteen-day report period (or two periods/month): the first period is from the 1st to the 15th day of the reporting month; the second period is from the 16th to the last day of the reporting month;

d) Monthly, quarterly, six-monthly, and annual report periods are determined according to the Gregorian calendar.

2. Time limit for submitting reports:

a) Daily report: reporting units must submit the report no later than 14:00 on the next working day immediately following the reporting date;

b) Ten-day report (three periods/month), fifteen-day report (two periods/month): reporting units must submit the report no later than two working days immediately following the last day of the reporting period;

c) Monthly report: reporting units must submit the report no later than the 12th day of the next month immediately following the reporting period;

d) Quarterly report: reporting units must submit the report no later than the 18th day of the first month of the next quarter immediately following the reporting period;

e) Six-monthly report: reporting units must submit the report no later than the 20th day of the next month immediately following the reporting period;

f) Annual report: reporting units must submit the report no later than the 20th day of the first month of the next year immediately following the reporting period;

g) In cases where the deadline for submitting reports differs from the above provisions, reporting units shall follow the specific provisions on the report forms in Part 3 of Appendix 1 attached to this Circular.

3. If the last day of the submission deadline coincides with a public holiday, Tet holiday, or weekend, the submission date will be the next working day immediately following the holiday or weekend.

4. In cases where reports are submitted in written form, the actual submission date is considered the date stamped by the post office upon receipt of the report. In cases where reports are submitted through the electronic reporting channel, the submission date is the date when the report file is successfully transmitted to the Information Technology Department.

5. In urgent or unforeseen cases, reporting units must submit reports in written form via fax. After submitting the report via fax, the reporting unit is responsible for submitting the formal written report according to Clause 2, Article 6 and Article 8 of this Circular. The actual submission date is considered the date the fax was sent.

Article 12. Review, processing, and auditing procedures for electronic reporting forms

1. At the Information Technology Department:

a) Immediately upon receipt of electronic reporting forms within the time limit specified in Clause 2 and Clause 3, Article 11 of this Circular, the Information Technology Department shall check the name and structure of the data files, and verify the completeness of the electronic reporting forms transmitted by the headquarters of credit organizations through the reporting system. If it is found that the headquarters of credit organizations have incorrectly named, structured, not transmitted, or incompletely transmitted the electronic reporting forms or have failed to transmit reports from branches within the system, the Information Technology Department must notify the headquarters of credit organizations and the State Bank branch in the province/city (in cases where people's credit funds have not yet met the conditions for connecting to the information transmission network with the Information Technology Department) to submit complete reports to the State Bank;

b) Immediately upon receipt of the review results from units under the State Bank, the Information Technology Department shall promptly notify the headquarters of credit organizations through the reporting system to process and retransmit correct data to the Information Technology Department;

c) Immediately upon receipt of electronic reporting forms retransmitted by the headquarters of credit organizations to the Information Technology Department, the Information Technology Department shall notify through the reporting system the receiving units to update the data in a timely manner;

d) Ten working days after the deadline for submitting reports as stipulated in Points c, d, đ, e, g of Clause 2 and Clause 3, Article 11 of this Circular, the Information Technology Department shall automatically lock down the reporting system.

2. At units under the State Bank (excluding the Information Technology Department):

b) Within twelve working days from the deadline for submitting reports as stipulated in Points c, d, đ, e, g of Clause 2 and Clause 3, Article 11 of this Circular, the receiving units shall process and audit all reporting forms under their responsibility to update them into the common database of the State Bank;

d) In cases where the review and auditing deadlines differ from those specified above, the units shall follow specific provisions on the reporting forms in Part 3 of Appendix 1 attached to this Circular;

3. At credit organizations: Within five working days from the date of receipt of the electronic review notification, the headquarters of credit organizations must retransmit complete, timely, and accurate reported data along with explanations about the reported data previously transmitted to the Information Technology Department so that units under the State Bank can utilize them.

Article 13. Review Procedure for Written Reporting Forms

1. At Departments, Bureaus, Inspection and Supervision Agencies:

a) Within two working days from the deadline for submitting reports as specified in the written reporting forms, Departments, Bureaus, and Inspection and Supervision Agencies shall check the completeness and reasonableness of the written reports; If they find that the reporting entity has not submitted the report or there are errors in the reported data, Departments, Bureaus, and Inspection and Supervision Agencies shall notify the reporting entity via telephone or fax to submit the complete report or correct data.

b) Within one working day from the date of receiving the review notification via telephone or fax from Departments, Bureaus, and Inspection and Supervision Agencies, the reporting entity must submit the complete report or correct data to Departments, Bureaus, and Inspection and Supervision Agencies.

2. At State Bank Branches in provinces and cities:

a) Within two working days from the deadline for submitting reports as specified in the reporting forms applicable to Credit Cooperatives and State Bank Branches in provinces and cities, State Bank Branches shall check the completeness and reasonableness of the written reports of Credit Cooperatives within their jurisdiction; If they find that Credit Cooperatives have not submitted the report or there are errors in the reported data, State Bank Branches shall notify Credit Cooperatives via telephone or fax to submit the complete report or correct data.

b) Immediately upon receiving the written report resubmitted by Credit Cooperatives within their jurisdiction, State Bank Branches must compile the data accurately and transmit it through the reporting system to the Bureau of Information Technology for exploitation by units under the State Bank.

3. At Credit Cooperatives: Within two working days from the date of receiving the review notification via telephone or fax from State Bank Branches in provinces and cities, Credit Cooperatives must submit the complete report or correct data to State Bank Branches in provinces and cities.

Article 14. Non-Generation of Reporting Forms

For reporting forms prescribed in Part 3 of Appendix 1 attached to this Circular which do not generate, the reporting entities shall implement according to the guidance of the Bureau of Information Technology.

Chapter II

RESPONSIBILITIES OF STATE BANK UNITS AND CREDIT ORGANIZATIONS IN IMPLEMENTING STATISTICAL REPORTS

Article 15. Responsibilities of Departments, Bureaus, and Inspection and Supervision Agencies

1. Develop reporting forms related to the performance of their functions and tasks.

2. When there is a request to amend, supplement, or issue new reporting forms related to the performance of their functions and tasks, Departments, Bureaus, and Inspection and Supervision Agencies must develop the necessary reporting forms for amendment, supplementation, or issuance, coordinate with the lead unit being the Department of Forecasting and Statistics. Based on the necessity and feasibility of the reporting forms for amendment, supplementation, or issuance and the situation of reviewing, auditing, and exploiting the reporting forms of Departments, Bureaus, and Inspection and Supervision Agencies, the Department of Forecasting and Statistics will submit to the Governor of the State Bank for issuance after coordinating with the Bureau of Information Technology.

3. Monitor, urge, review, and audit the statistical report data of each credit organization throughout the system.

4. Coordinate with the Department of Forecasting and Statistics to organize training sessions on statistical reporting and guide the development of reporting forms established by their own units.

5. Coordinate with the Department of Forecasting and Statistics to promptly provide guidance and answers to reporting entities regarding issues related to their responsibilities in implementing this Circular. In cases where the Governor of the State Bank assigns them to provide guidance or respond to reporting entities on matters within their professional scope and management, they must also send the guidance or response documents to the Department of Forecasting and Statistics.

6. Monitor and urge reporting entities to submit complete and timely reporting forms; When discovering errors in the reporting forms, they must promptly require the reporting entity to revise and resubmit the correct data; Coordinate with the Bureau of Information Technology to review the electronic submission of reports by reporting entities through the reporting system.

8. Organize the retention and management of written statistical reports directly received from reporting entities according to current regulations on file and document management in the banking sector.

9. Coordinate with the Department of Forecasting and Statistics, Inspection and Supervision Agencies, and the Internal Audit Department in inspecting and auditing organizations and units related to the implementation of this Circular.

Article 16. Responsibilities of the Forecasting and Statistics Department

In addition to the responsibilities stipulated in Article 15 of this Circular, the Forecasting and Statistics Department shall have the following responsibilities:

1. Serve as the central unit at the State Bank of Vietnam for drafting and submitting to the Governor of the State Bank of Vietnam for issuance the Circular regulating the reporting system applicable to credit institutions.

2. Update and announce on the State Bank of Vietnam's electronic information website the central units responsible for statistical reporting at units under the State Bank of Vietnam so that credit institutions can contact and exchange information when encountering difficulties.

3. Aggregate and advise on submitting to the Governor of the State Bank of Vietnam for approval the right to access; supplement and change the access rights of pre-approved reporting forms for units under the State Bank of Vietnam.

4. Receive written recommendations regarding the implementation of this Circular, coordinate with relevant units to respond to the recommending unit; monitor the handling of recommendations by relevant units.

7. Lead and coordinate with relevant units to regularly establish, maintain, store, provide, and publish comprehensive statistical data in accordance with laws and directives from the Governor of the State Bank of Vietnam.

Article 17. Responsibilities of the Information Technology Bureau

1. Serve as the central unit organizing the receipt and timely updating of all electronic reporting forms into the reporting system transmitted through networks or sent via physical media by reporting units. In cases where reports contain errors in name, file structure, technical criteria, or missing reporting forms, request the reporting unit to correct and resubmit according to regulations; promptly feedback on the status of the file data to the reporting unit. In case of data transmission network failures at the State Bank of Vietnam, immediately implement measures to resolve the issue.

2. Develop and manage the database of statistical reports for the State Bank of Vietnam; ensure the utilization of statistical data for units under the State Bank of Vietnam.

3. Guide and maintain the communication network for units under the State Bank of Vietnam.

4. Lead the development, guidance on installation, and training for operation of the statistical reporting software program for units under the State Bank of Vietnam to transmit, receive, monitor, review, utilize, and aggregate reporting forms through computer networks.

5. Lead and coordinate with the Forecasting and Statistics Department to research and develop software applications for statistical reporting work, implement procedures for transmitting and receiving electronic reports through the reporting system, and guide the implementation of this Circular.

6. Lead and coordinate with units under the State Bank of Vietnam and credit institutions to handle issues related to the statistical reporting software program during the implementation of regulations in this Circular.

7. Guide the issuance, management of encryption keys, and digital signature programs used in the reporting system for reporting units.

8. Lead the development and coordinate with the Forecasting and Statistics Department and relevant units to guide regulations on the name and file structure of electronic reports and guide units to prepare and submit electronic reporting forms to implement this Circular.

9. Develop and guide procedures for sending electronic report files for units under the State Bank of Vietnam in cases of data transmission system failures at the State Bank of Vietnam.

10. In cases where reporting units notify that they have transmitted report data files but receiving units still have not received the reporting forms through the reporting system, after receiving notifications from the units, the Information Technology Bureau shall be responsible for checking and verifying the transmission of report data files by the reporting units and informing the receiving units of the results to promptly address the issue.

11. Timely update all reporting forms revised by reporting units in response to data verification requests from the State Bank of Vietnam.

13. Monthly, no later than the last day of the following month, compile and notify through the reporting system the results of verification, approval, and utilization of reporting forms in the preceding month for departments, bureaus, and banking supervision agencies, and submit to the Forecasting and Statistics Department for overall monitoring.

Article 18. Responsibilities of the Banking Inspection and Supervision Authority

In addition to the responsibilities stipulated in Article 15 of this Circular, the Banking Supervision Agency shall have the following responsibilities:

1. Inspect and supervise organizations, units, and individuals involved in compliance with this Circular and handle violations according to the law.

2. Promptly handle violations according to the law after receiving lists of credit institutions violating from the Forecasting and Statistics Department as stipulated in Clause 6 of Article 16 of this Circular and inform the Forecasting and Statistics Department of the results of violation handling.

Article 19. Responsibilities of the State Bank Branches in Provinces and Cities

2. Monitor, verify, and approve reporting forms of branches of credit institutions headquartered in the locality.

4. Directly contact Departments, Bureaus, Inspection and Supervision Agencies responsible for constructing, monitoring, and compiling reporting forms or reflect in writing to the State Bank of Vietnam (Department of Forecasting and Statistics) when encountering difficulties during implementation.

5. Conduct inspections or audits of compliance with the provisions of this Circular for relevant organizations, units, and individuals under the jurisdiction of the State Bank of Vietnam branch in provinces and cities.

1. The head office of a credit institution is the main unit responsible for submitting reports and is fully liable under the law and to the Governor of the State Bank of Vietnam regarding the completeness, timeliness, and accuracy of system-wide aggregated data and detailed data of each branch submitted to the State Bank of Vietnam.

2. Upon receiving an electronic report verification notice from the Department of Information Technology or discovering errors in reports already submitted to the State Bank of Vietnam, the head office of the credit institution:

a) Must promptly correct and resubmit the accurate report to the State Bank of Vietnam;

b) Send an explanation detailing the reasons for the error to the receiving unit. The content and structure of the explanatory file must comply with the guidelines of the Department of Information Technology.

3. Adhere strictly to the reporting regulations stipulated in this Circular. During implementation, if encountering difficulties, they must promptly reflect these issues to the State Bank of Vietnam for clarification, specifically as follows:

a) The head office of the credit institution (excluding Credit Cooperatives and foreign bank branches that are not the lead branches of systems operating in Vietnam) shall directly contact the units designated to receive reports based on the reporting forms specified in Part 3 of Appendix 1 attached to this Circular or reflect in writing to the State Bank of Vietnam (Department of Forecasting and Statistics);

b) Credit Cooperatives shall directly contact or reflect in writing to the State Bank of Vietnam branch in the province or city where their headquarters is located.

Article 21. Utilization of Reporting Forms

1. Units under the State Bank of Vietnam are permitted to utilize reporting forms constructed, monitored, urged, verified, and compiled by their own units.

2. Units under the State Bank of Vietnam requiring access to reporting forms developed, monitored, urged, verified, and compiled by other units under the State Bank of Vietnam must register in writing with the Department of Forecasting and Statistics for consolidation and submission to the Governor of the State Bank of Vietnam for approval.

3. Units and individuals authorized to utilize reporting forms are responsible for managing and using statistical information and data in accordance with their intended purpose and must adhere to current laws concerning information confidentiality.

Chapter III

IMPLEMENTATION

Article 22. Commendation and Awards

Organizations, units, and individuals who effectively implement the provisions of this Circular are among the conditions considered by the State Bank of Vietnam for granting commendations and awards according to current legal regulations.

Article 23. Handling Violations

Organizations, units, and individuals violating the provisions of this Circular will be subject to legal penalties depending on the nature and severity of the violation.

Article 24. Effective Date

1. This Circular takes effect from January 1, 2017, and replaces Circular No. 31/2013/TT-NHNN dated December 13, 2013, issued by the Governor of the State Bank of Vietnam, which stipulates Statistical Reporting applicable to units under the State Bank of Vietnam and credit institutions, including foreign bank branches.

2. The Director of the Office, Heads of the Department of Forecasting and Statistics, Heads of related units under the State Bank of Vietnam, Chairmen of the Board of Directors, Chairmen of the Board of Members, and General Managers (Directors) of credit institutions are responsible for implementing this Circular.