Circular No. 48/2014/TT-NHNN on the issuance of statements and provision of information by the State Bank of Vietnam

CIRCULAR

Article 24Article 1. Regulations on speaking and providing information of the State Bank of Vietnam

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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/QH12 dated June 16, 2010;

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;

Pursuant to Decision No. 25/2013/QĐ-TTg dated May 4, 2013, promulgating the Press Speaking and Information Provision Regulation by the Government Prime Minister;

At the proposal of the Director of the Office;

The Governor of the State Bank of Vietnam hereby promulgates this Circular regulating public statements and provision of information by the State Bank of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the speaking and providing information activities of the State Bank of Vietnam (hereinafter referred to as the State Bank), including speaking and providing information to the press; providing information to other agencies, organizations, and individuals.

2. The provision of information by the State Bank to entities as prescribed by the Law on Deposit Insurance and the Law on Anti-Money Laundering shall be carried out in accordance with the laws on deposit insurance and anti-money laundering.

Article 2. Scope of Application

1. Officials, civil servants, employees, and units under the State Bank.

2. Agencies, organizations, and individuals receiving information from the State Bank as prescribed in this Circular.

Chapter II

PUBLIC STATEMENTS AND PROVISION OF INFORMATION TO THE PRESS

Article 3. Content of speaking and providing information to the press

Clause 1. Policies, laws on currency, banking activities, and foreign exchange (hereinafter referred to as currency and banking).

2. Decisions by the Governor of the State Bank (hereinafter referred to as the Governor) on monetary and banking matters.

3. Situations and developments regarding monetary and banking matters.

4. Announcements related to the establishment, purchase, sale, division, merger, bankruptcy, dissolution, revocation of licenses, approval for expansion of credit organization networks, foreign bank branches, and foreign credit organization representative offices in Vietnam.

Article 4. Spokesperson and provider of information to the press

1. The spokesperson and provider of information to the press of the State Bank include:

a) The Governor;

b) The Deputy Governor responsible for information dissemination and propaganda work of the State Bank (hereinafter referred to as the Spokesperson);

c) Persons authorized by the Governor to speak in specific cases (hereinafter referred to as the Authorized Speaker).

2. Officials, civil servants, and employees of the State Bank shall not speak or provide information to the press in the name of the State Bank without being assigned tasks by the Governor; they shall not disclose state secrets, investigation secrets, official secrets, false information, and shall bear legal responsibility for the content of the provided information.

Article 5. Forms of regular information provision

1. Providing information on the State Bank's electronic news website (State Bank Website).

The content of information, periodicity, and deadlines for providing information on the State Bank Website are specified in Appendix 1 attached to this Circular.

The process of updating, posting, and managing information on the State Bank Website shall be implemented in accordance with current regulations of the State Bank.

2. Organizing press conferences at least once every three months to provide regular information to the press.

3. Providing information to the press in writing or directly at government press conferences or weekly coordination meetings organized by the Central Propaganda Department, Ministry of Information and Communications, and the Vietnam Journalists Association.

4. Providing information to the Government's electronic portal in accordance with current regulations.

Article 6. Public Statements and Provision of Information in Emergency and Unusual Circumstances

1. The Spokesperson or the Authorized Speaker shall be responsible for promptly and accurately speaking and providing information to the press in the following extraordinary and unusual situations:

a) When it is deemed necessary to inform the press about important events or issues in the monetary and banking sector to warn or guide public opinion;

b) When the press agency or the state management agency for the press requests speaking or providing information about events or issues of the State Bank or within its management scope that have been reported in the press or those mentioned in Point a Clause 1 of this Article.

2. When there is evidence that the press has published inaccurate or false information about the sectors managed by the State Bank, the Governor, the Spokesperson, or the Authorized Speaker shall request the press agency to publish responses or corrections according to the law.

Article 7. Answering media interviews

The Governor, Spokesperson, and Authorized Spokesperson have the right to represent the State Bank to answer media interviews within the scope and authority defined in Article 4 of this Circular. In cases where answers are provided in writing, the content must be approved by the Governor before being given as an answer.

Article 8. Rights and responsibilities of units and individuals under the State Bank

1. The Spokesperson and Authorized Spokesperson shall be responsible under the law and to the Governor for information they disseminate and provide to the media as stipulated in Articles 5, 6, and 7 of this Circular.

2. The Spokesperson and Authorized Spokesperson have the right to request units and individuals related to the State Bank to provide information, compile information for dissemination, and supply regular and urgent information to the media as prescribed in Articles 5, 6, and 7 of this Circular.

3. The Spokesperson and Authorized Spokesperson have the right to refuse to answer journalists' questions in the following cases:

a) Matters involving state secrets; matters involving Party principles and regulations that are secret; matters not within their authority to disclose;

b) Cases currently under investigation or not yet adjudicated, except when administrative agencies, investigative bodies require information to be published in the media that would benefit the investigative process and efforts to combat crime;

c) Matters currently under inspection, audit, complaint resolution, or accusation handling; disputes and conflicts between government agencies and units that are still under resolution without formal conclusions from authorized authorities and which, according to regulations, cannot be disclosed to the media;

d) Policy documents and proposals currently in draft form that, according to the law, have not been permitted by competent authorities to be publicized.

4. The Office shall be responsible for:

a) Serving as the focal point for monitoring the implementation of regulations on spokesperson duties and information provision to the media by the State Bank;

b) Announcing the names, positions, phone numbers, and email addresses of the Spokesperson and Authorized Spokesperson in accordance with the law;

c) Serving as the focal point for organizing press conferences of the State Bank and banking sector press meetings as directed by the Governor; coordinating with relevant units to prepare content, submitting it for approval by the Governor or Spokesperson to provide to the media at Government press conferences and weekly briefings organized by the Central Propaganda Department, Ministry of Information and Communications, and Vietnam Journalists Association;

d) Collecting information from the media and other sources related to currency and banking, presenting it to the Governor or Spokesperson for handling;

e) Serving as the focal point for compiling and presenting to the Governor or Spokesperson for handling matters concerning sensitive, inaccurate, or false information about currency and banking disseminated by media outlets;

f) Coordinating with heads of relevant units under the State Bank to assist the Spokesperson and Authorized Spokesperson in fulfilling spokesperson duties and providing information to the media as prescribed in this Circular.

5. Units under the State Bank shall be responsible for providing related information as prescribed in this Circular and as directed by the Governor to support spokesperson duties and information provision to the media.

6. Provincial and centrally-administered city branches of the State Bank shall be responsible for managing spokesperson duties and information provision to the media within their jurisdiction. In cases where issues exceed their authority, the Director of the provincial or centrally-administered city branch of the State Bank shall promptly report to the Governor (through the Office) for handling.

Chapter III

INFORMATION PROVISION TO OTHER AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

Article 9. Subjects Provided with Information

1. Party agencies, State agencies, political-social organizations as prescribed by law or according to work coordination regulations between the State Bank and these agencies.

2. International organizations to which the Government of Vietnam or the State Bank has committed to provide information, governments of countries under international treaties to which the Socialist Republic of Vietnam is a member, and international agreements to which Vietnam has participated in signing.

3. Other organizations and individuals as decided by the Governor.

Article 10. Scope of Information Provided

The scope of information provided includes monetary and banking information within the management authority of the State Bank.

Article 11. Authority to Provide Information

1. The Governor is the person authorized to decide on providing monetary and banking information to the subjects specified in Article 9 of this Circular, except for cases stipulated in point a, Clause 4 of this Article.

2. In specific cases, the Governor may delegate authority to Deputy Governors to decide on providing information to the subjects specified in Article 9 of this Circular within the scope of their responsibility, management, or pursuant to the Governor's instructions.

3. Heads of units at the headquarters of the State Bank shall provide information to the subjects specified in Article 9 of this Circular according to the Governor's or Deputy Governor's instructions or delegation.

4. Branch Governors of the State Bank in provinces and centrally-administered cities:

a) Decide on providing information within their management scope upon request from provincial or centrally-administered city party committees and authorities;

b) Provide information to competent state agencies, other organizations, and individuals in their jurisdiction according to the Governor's instructions.

Article 12. Forms of Providing Information

1. In cases stipulated in Clause 1 and Clause 2 of Article 11 of this Circular:

a) The Governor or Deputy Governor decides on the form of providing information and assigns a unit to be the main provider of information;

b) The main unit coordinates with related units to prepare the content, submit it for approval by the Governor or Deputy Governor, and send it to the information recipients.

2. Heads of units under the State Bank decide on the form of providing information within their assigned authority as stipulated in Clause 3 and Clause 4 of Article 11 of this Circular.

Article 13. Responsibilities of Units and Individuals Involved

1. Officials, civil servants, employees, and units under the State Bank assigned to provide information or act as the main provider of information are responsible before the law and the Governor for the information they provide.

2. Agencies, organizations, and individuals receiving information from the State Bank of Vietnam are responsible for managing, using, and ensuring the confidentiality of the information in accordance with the law.

Article 14. Provision of Information Belonging to the List of State Secrets

The provision of information belonging to the list of state secrets shall be carried out in accordance with laws on protecting state secrets.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Reporting Responsibilities

Annually, units implementing activities to provide information as prescribed in this Circular shall have the responsibility to submit reports to the Office before December 20th for consolidation and submission to the Governor.

Article 16. Effective Date

This Circular takes effect from February 15, 2015, and replaces Circular No. 35/2011/TT-NHNN dated November 11, 2011, issued by the Governor of the State Bank on the publication and provision of information by the State Bank, and Circular No. 18/2012/TT-NHNN dated May 28, 2012, amending the deadline for publishing certain information stipulated in Circular No. 35/2011/TT-NHNN dated November 11, 2011, issued by the Governor of the State Bank on the publication and provision of information by the State Bank.

Article 17. Implementation Organization

1. The Office acts as the main guide, inspector, and supervisor of the implementation of this Circular.

2. The Office collaborates with related units to develop financial support plans for Spokespersons and Authorized Spokespersons, to be submitted to the Governor for review and decision.

3. Heads of units under the State Bank are responsible for implementing this Circular./.