Decision No. 987/2001/QD-NHNN on the issuance of the Regulation on management, provision, and exploitation and utilization of electronic credit information.

Pursuant to …;

Regarding the issuance of the Regulation on Management, Provision and Exploitation of Use

Electronic Credit Information

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 and the Law on Credit Organizations No. 02/1997/QH10 dated December 12, 1997;

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

At the proposal of the Director of the Credit Information Center,

DECISION:

Article 1. The Regulation on Management, Provision and Exploitation of Use of Electronic Credit Information is hereby issued together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of signature.

Article 3. The Heads of the Office, Directors of the Credit Information Center, Heads of units under the State Bank, Branch Directors of the State Bank in provinces and cities, Chairmen of the Boards of Management, General Managers (Directors) of credit organizations and other relevant organizations and individuals are responsible for implementing this Decision.

REGULATIONS

Management, provision and exploitation of use of electronic credit information

(Issued together with Decision No. 987/2001/QĐ-NHNN dated August 2, 2001 of the Governor of the State Bank of Vietnam)

This Regulation governs activities related to the management, provision and exploitation of use of electronic credit information, aiming to ensure safety for the credit information system in the banking sector, serve the management work of the State Bank, and prevent and limit risks in business operations of credit organizations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Electronic credit information:

Article 2. Interpretation of Terms

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

1.is credit information that is established, provided and exploited through the website of the Credit Information Center of the State Bank of Vietnam. Management

2refers to the supervision and allocation of rights in the processes of collecting, processing, storing, providing and exploiting the use of electronic credit information. is credit information that is established, provided and exploited through the website of the Credit Information Center of the State Bank of Vietnam. Provision of electronic credit information

3.: refers to the act of creating and transferring electronic credit information to the entity that exploits and uses it.Use

4.Mining CLASS MONOCOTYLEDON: refers to accessing to search, read, view, print, receive electronic credit information according to the rights granted for exploitation and use. Electronic Credit InformationAllocation of rights

5.: refers to the determination, distribution, and granting of rights to perform corresponding tasks in accordance with the responsibilities of each unit and individual in the processes of collecting, processing, storing, providing and exploiting the use of electronic credit information.1. The State Bank of Vietnam;

Article 3. Applicability

2. Credit organizations established under the Law on Credit Organizations;

3. Other organizations permitted to exploit electronic credit information.

Article 4. Products of Electronic Credit Information

1. A page of reports provided to the Leadership Board of the State Bank, Departments, Bureaus, and units under the State Bank;

2. A page of customer information with credit relations with credit organizations; early warning information;

3. A page of analytical and evaluation reports on enterprise classification;

4. A page of information related to money trading and banking services collected from domestic and foreign sources;

5. A page of foreign enterprises with economic cooperation relations with Vietnam;

6. A page for propaganda and guidance on credit information business;

7. A page on the operation of the credit information system.

MANAGEMENT, PROVISION AND EXPLOITATION OF USE OF ELECTRONIC CREDIT INFORMATION

Chapter II

Article 5. The Credit Information Center of the State Bank

1. Responsibilities:

a) To be the focal point, organize and coordinate with related units to design and build the website for electronic credit information, and corresponding technical and operational procedures;

b) Manage and operate servers, equipment, and networks located at the Credit Information Center;

c) Allocate rights for organizations and individuals to carry out the collection, processing, storage, provision, and exploitation of use of electronic credit information;

d) Grant and hand over access rights to the electronic credit information network in writing (Access Registration and Handover Form) to the registered user within five working days from the date of receiving a valid registration form;

đ) Control access, provision, and exploitation of use of electronic credit information;

e) Update and provide timely, complete, truthful, and accurate information under technical conditions and improve the reliability of electronic credit information.

2. Powers:

a) Temporarily suspend or terminate access to the electronic credit information network for users who violate the provisions of this Regulation, after notifying the organization that has registered for exploitation and use;

b) Propose the Governor of the State Bank to handle organizations that violate the provisions of this Regulation;

c) Be entitled to charge service fees for information provision in accordance with Article 9 of this Regulation.

Is entitled to collect service fees for providing information in accordance with Article 9 of this Regulation.

Article 6. Intermediary Units Providing Electronic Credit Information

1.Objectives to implement:

a)Branches of the State Bank, credit organizations with more than 10 units exploitingand using: headquarters, trading offices, first-level branches, affiliated units ofcredit organizations, which have the need for direct and regular exploitation anduse of electronic credit information, shall be permitted to set up intermediaryservers to perform the task of providing electronic credit information.

b)State Bank branches that do not meet the conditions specified in point a) above,shall directly exploit the WEB site of the Credit Information Center and act asintermediary units, through existing means to provide electronic creditinformation to exploiting and using units within their jurisdiction.

2.Duties:

a)Managing and operating servers, equipment, networks related to the provision,exploitation, and use of electronic credit information handled by the unit;

b)Arranging sufficient staff with capability, moral character, and sense ofresponsibility to fulfill operational and technical requirements, ensuring theprovision, exploitation, and use of electronic credit information handled by theunit;

c)Implementing technical procedures as guided by the Credit Information Center;

d)Being responsible for managing and supervising exploitation and use within thescope of the provided unit;

e)Providing electronic credit information within authorized limits and to theappropriate exploiting and using parties;

f)Controlling access and exploitation of electronic credit information by theexploiting and using party. Upon discovering errors or violations, promptlyreporting to the Credit Information Center for handling.

3.Authorities:

a)Providing electronic credit information to registered exploiting and usingorganizations;

b)Temporarily suspending network access to electronic credit information withinthe scope of the provided unit for exploiting and using parties violating thisRegulation;

c)Proposing the Credit Information Center to suspend network access to electroniccredit information within the scope of the provided unit for exploiting andusing parties violating this Regulation.

Chapter III

EXPLOITATION AND USE OF ELECTRONIC CREDIT INFORMATION

Article 7. Registration for Exploitation and Use of Electronic Credit Information

1.Units under the State Bank, including: Departments, Bureaus, RepresentativeOffices, public service units, may register to exploit and use relevant products ofelectronic credit information related to their functions and tasks as stipulated inClause 1 of Article 4 of this Regulation.

2.State Bank branches may register to exploit and use products of electronic creditinformation as stipulated in Clauses 2, 3, 4, and 5 of Article 4 of this Regulation.

3.Units under credit organizations, including: headquarters, trading offices,branches, affiliated units of credit organizations must register to exploit anduse products of electronic credit information as stipulated in Clauses 2, 3, 4, and5 of Article 4 of this Regulation.

4.Other organizations are only allowed to register to exploit and use products ofelectronic credit information as stipulated in Clauses 3, 4, and 5 of Article 4 ofthis Regulation.

5.All units already granted access to the network of electronic credit informationare entitled to exploit and use products of electronic credit information asstipulated in Clauses 6 and 7 of Article 4 of this Regulation without the need forregistration.

Article 8. Conditions, responsibilities, and authorities of entities and individuals exploiting and using Electronic Credit Information

1.Conditions:

a)Having machinery and equipment capable of exploiting and using Electronic Credit Information;

b)Having clear requirements and purposes for exploiting and using Electronic Credit Information;

c)Having an Application Form for Exploiting and Using Electronic Credit Information proposed by the entity's head according to the model of the Credit Information Center;

d)Being granted access rights to the Electronic Credit Information Network by the Credit Information Center.

2.Duties:

a)For entities exploiting and using Electronic Credit Information

-Registering direct exploiters and users according to the Application Form and transferring access rights to the Electronic Credit Information Network provided by the Credit Information Center;

-Managing direct exploiters and users registered by the entity;

-Managing the content of Credit Information products already exploited;

-Bearing all responsibilities for violations caused by the direct exploiters and users of Electronic Credit Information registered by the entity;

-Paying fully and on time for Credit Information products that have been registered, exploited, and require payment.

b)For individuals exploiting and using

-Not disclosing the address or access code of the Electronic Credit Information Network entrusted with management and use;

-Accessing the network correctly according to the assigned authority, address, and code to ensure network security;

-Exploiting and using Electronic Credit Information only within the assigned authority.

3.Authorities:

a)Requesting the Credit Information Center to guide and resolve issues encountered in exploiting and using Electronic Credit Information;

b)Requiring the Credit Information Center to provide timely and truthful Electronic Credit Information products according to the registration already transferred.

Article 9.Service fees for information exploitation and use

1.Annual fees are applied to credit organizations registering to exploit and use Electronic Credit Information products specified in Clause 2 of Article 4 of this Regulation.

2.Per-use fees are applied to entities when exploiting and using Electronic Credit Information products specified in Clauses 3, 4, and 5 of Article 4 of this Regulation.

3.No fees are charged for Electronic Credit Information products specified in Clauses 1, 6, and 7 of Article 4 of this Regulation.

4.Service fee schedules for Electronic Credit Information are applied for each period according to the Governor of the State Bank's regulations.           

Chapter IV

HANDLING VIOLATIONS

Article 10.Organizations and individuals who use access codes, or take advantage of others' access codes, or engage in destructive acts, or violate the provisions of this Regulation to supply, exploit, and use Electronic Credit Information for improper purposes or targets shall be subject to the following penalties depending on the severity of the violation:

1.Temporary suspension of access to the Electronic Credit Information Network.

2.Permanent cessation of access to the Electronic Credit Information Network.

3.Administrative fines or criminal prosecution.

Chapter V

IMPLEMENTING PROVISIONS

Article 11.Amendment, supplementation of this Regulation is decided by the Governor of the State Bank./.