Decision No. 44/2007/QD-NHNN Issuing the Regulation on Spokespersonship and Information Provision to the Press by the State Bank of Vietnam

 

Pursuant to …;

Issuing the Regulation on Spokespersonship and Information Provision to the Press by the State Bank of Vietnam

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997 and the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam No. 10/2003/QH11 dated June 17, 2003;

Pursuant to the Press Law dated December 28, 1989 and the Law Amending and Supplementing Certain Provisions of the Press Law dated June 12, 1999;

Pursuant to Decree No. 52/2003/ND-CP dated May 19, 2003, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 51/2002/NĐ-CP dated April 26, 2002 of the Government detailing the implementation of the Press Law and the Law Amending and Supplementing Certain Provisions of the Press Law;

Pursuant to Decision No. 77/2007/QĐ-TTg dated May 28, 2007 of the Prime Minister issuing the Regulation on Spokespersonship and Information Provision to the Press;

At the proposal of the Director of the Office,

Pursuant to …;

Article 1. This Decision promulgates the Regulation on Spokespersonship and Information Provision to the Press by the State Bank of Vietnam.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Director of the Office, Heads of Departments, Bureaus, units at the headquarters of the State Bank of Vietnam, affiliated units, the Representative Office of the State Bank of Vietnam in Ho Chi Minh City, Governors of the State Bank of Vietnam branches in provinces and centrally governed cities are responsible for implementing this Decision.

REGULATIONS

REGULATION ON SPONSPEAKING AND INFORMATION PROVISION TO THE PRESS BY THE STATE BANK OF VIETNAM
(Issued together with Decision No. 44/2007/QĐ-NHNN dated December 17, 2007 of the Governor of the State Bank of Vietnam)

Chapter 1
GENERAL PROVISIONS

Article 1. Scope and Objects Regulated

This Regulation stipulates the spokespersonship and information provision to the press by the State Bank of Vietnam in accordance with relevant laws.

Article 2. Spokesperson and Information Provider of the State Bank of Vietnam to the Press

1. The spokesperson and information provider of the State Bank of Vietnam to the press is the Governor of the State Bank of Vietnam or the Deputy Governor in charge of propaganda and press work (hereinafter referred to as the Spokesperson). In certain cases, the Governor may authorize other Deputy Governors, Heads of Departments, Bureaus, units under the State Bank of Vietnam, and the Head of the Representative Office in Ho Chi Minh City to speak and provide information to the press on specific issues assigned to them or related to their functions and tasks.

2. The Governor of the State Bank of Vietnam authorizes the Governor of the State Bank of Vietnam branch in provinces and centrally governed cities to be responsible for speaking and providing information to the press about banking activities in their respective regions in accordance with this Regulation; they are accountable under the law and to the Governor of the State Bank of Vietnam for the spokespersonship and information provision of their unit to the press.

3. Only the Spokesperson or the person authorized to speak can represent the State Bank of Vietnam in spokespersonship and information provision to the press. Information provided by the Spokesperson or the person authorized to speak is the official information of the State Bank of Vietnam.

4. Bank employees who have not been authorized by the Spokesperson to speak and provide information to the press cannot represent their positions or institutions in spokespersonship and information provision to the press. When directly interviewed by the press, bank employees can only represent themselves (excluding their positions and institution names) to answer questions related to their responsibilities. Those answering interviews and providing information to the press must comply with the Press Law and the current Regulation on Interviews in the Press issued by the State; they must not disclose state secrets, investigation secrets, official secrets, false information, untruthful information, or information contrary to the Party's and State's policies and the industry's guidelines, and they must bear legal responsibility for the contents they have spoken and provided to the press.

Chapter 2
PUBLIC STATEMENTS AND PROVISION OF INFORMATION TO THE PRESS

Article 3. Regular Information Provision

The State Bank of Vietnam shall provide information on banking activities once a month to the press through the "Press Release" column on the State Bank of Vietnam's electronic news website (Website) at the address: http://sbv.gov.vn. Such information is the official information of the State Bank of Vietnam.

Article 4. Press Conferences and Interviews

1. At least once every six months, the State Bank of Vietnam shall organize press conferences to provide information to the press on the situation and results of its operations.

2. During the press conference, the Spokesperson or the authorized representative of the State Bank of Vietnam shall be responsible for answering questions and interviews from the press. In cases where the content of the questions or interviews exceeds their authority to answer or requires further consultation, the Spokesperson or the authorized representative may choose not to answer directly during the press conference but will respond at a suitable time later.

Article 5. Statements and Information Provision in Emergency and Unusual Circumstances

The Spokesperson shall be responsible for promptly and accurately providing statements and information to the press in emergency and unusual circumstances as follows:

1. When it is deemed necessary to inform the public through the press about important events or issues within the banking sector that could have significant social impact and require timely guidance and warning.

2. When the press agency or the state management agency for the press requests the State Bank of Vietnam to make statements or provide information on events, issues, or areas under the State Bank’s jurisdiction that are mentioned in the press.

3. When there is evidence that the press has published false information about the banking sector managed by the State Bank of Vietnam; and simultaneously request the press agency to publish a response, correction according to the law.

Information provision can be posted on the State Bank of Vietnam's Website; sent directly in writing to the press, organizing press conferences, or providing information at the weekly press briefing organized by the Ministry of Information and Communications, in coordination with the Central Propaganda Department and the Vietnam Journalists Association.

Article 6. Situations Where the Spokesperson Has the Right to Refuse to Make Statements and Provide Information to the Press

1. Issues listed in the national security protection directory, secrets of the banking industry; issues currently being investigated or verified but have not yet been officially concluded.

2. Information related to monetary policy management, system safety, financial and monetary matters, and banking operations that have not been permitted to be disclosed.

3. Information outside the authority and functions, tasks of the State Bank of Vietnam.

4. Other information as prescribed by law.

Article 7. Rights and Responsibilities of the Spokesperson

1. Has the right to request units and individuals related to the State Bank of Vietnam to provide information, collect information for statements, regular and emergency information provision as stipulated in Articles 3, 4, and 5 of this Regulation; or to respond to reflections, suggestions, criticisms, complaints, and accusations of organizations and citizens transferred by the press agencies or published or broadcasted in the press according to the law.

2. Has the right to refuse to make statements and not provide information to the press as stipulated in Article 6 of this Regulation.

3. Request press agencies to correct false contents in articles already published that do not match the information provided by the Spokesperson.

4. Shall be responsible before the law for the content of statements and information provided to the press. If the Spokesperson is not the Governor, they must also be responsible to the Governor of the State Bank of Vietnam regarding the accuracy and honesty of the content of statements and information provided to the press.

Chapter 3
IMPLEMENTATION

Article 18. Responsibilities of Heads of Departments, Bureaus, and Units under the State Bank

1. Responsibilities of the Director of the Office of the State Bank:

a) Serve as the coordinating point for Heads of Departments, Bureaus, and Units under the State Bank to prepare files, documents, and reports for submission to the Governor or Spokesperson for approval prior to organizing regular or ad hoc information provision to the press as prescribed.

b) Receive reflections, suggestions, criticisms, complaints, and accusations from organizations and citizens transferred by press agencies or compile information published in the press related to banking activities, and submit them to the Governor or Spokesperson for handling.

c) Serve as the coordinating point for providing information to the press at the weekly press briefing organized by the Ministry of Information and Communications, in collaboration with the Central Propaganda Department and the Vietnam Journalists Association when there are events or issues related to banking activities.

d) Aggregate and report to the Governor or Spokesperson on sensitive, false information that poses a risk to the safety of the system, banking operations, and depositors' interests as published by the press.

e) Quarterly, aggregate and report to the Governor on the implementation status and results of this Regulation.

2. Responsibilities of Heads of Departments, Bureaus, and Units under the State Bank:

a) Provide information and materials to serve the Governor, Spokesperson, or directly speak out and provide information to the press when authorized.

b) When submitting for issuance documents concerning new mechanisms, policies, and guidelines, they must simultaneously propose communication plans (before, during, and after issuance). Upon approval, the drafting unit must coordinate with the Office to implement the communication plan, ensuring that the policy, mechanism, and guideline are promptly communicated upon issuance.

3. The Governor of the State Bank branch in provinces and centrally-administered cities is responsible for collecting materials and information about banking activities in their jurisdiction, making statements, and providing information to the press.

Article 9. Handling Violations

State Bank officers and civil servants who violate the provisions of this Regulation will be subject to disciplinary action or criminal prosecution according to current laws, depending on the nature, degree, and consequences of the violation.

Article 10. Provisions on implementation

1. Heads of Departments, Bureaus, and Units within the State Bank system, and related organizations and individuals are responsible for implementing this Regulation. During implementation, if any issues arise or difficulties occur, they must promptly reflect these to the State Bank Office for consolidation and reporting to the Governor.

2. The Director of the State Bank Office is responsible for monitoring and inspecting the implementation of this Regulation quarterly, reporting the results to the Governor; compiling and recommending amendments and supplements to the Regulation in accordance with requirements and practical circumstances.

3. The Governor of State Bank branches in provinces and centrally-administered cities is responsible for implementing this Regulation in their units. They must report the results quarterly to the State Bank of Vietnam (supplementing and reporting quarterly, semi-annual, and annual activities) to the State Bank Office for consolidation and reporting to the Governor.