STATE BANK OF VIETNAM ------- | SOCIALIST REPUBLIC OF VIETNAM Independence-freedom-happiness --------- |
No. 02/2001/TT-NHNN | Hanoi, April 04th , 2001 |
CIRCULAR
PROVIDING GUIDANCE ON IMPLEMENTATION OF THE DECREE NO. 70/2000/ND-CP DATED 21 NOVEMBER 2000 OF THE GOVERNMENT ON THE MAINTENANCE OF THE CONFIDENTIALITY, KEEPING AND PROVISION OF INFORMATION RELATING TO DEPOSITS AND ASSETS PLEDGED BY CUSTOMERS
Pursuant to paragraph 1 Article 11 of Decree No. 70/2000/ND-CP dated 21 November 2000 on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers, the Governor of the State Bank provide guidance on this Decree as follows:
I. GENERAL PROVISIONS
1. Subject and scope of application
This circular shall provide guidance on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers at the credit institutions and organizations which are not a credit institution but permitted to perform some banking activities.
The scope of application of this circular shall be the credit institutions and organizations which are not a credit institution but permitted to perform some banking activities (generally referred to as organizations in this Circular) in accordance with provisions of the Law on Credit Institutions and other individuals, organizations in connection with the provisions and use of information relating to deposits and assets pledged by customers.
II. detailed PROVISIONS
2. Provision of information
2.1 Officers and staff of organization accepting deposits and assets of customers shall only provide information relating to deposits and assets pledged by customers to subjects stipulated at Articles 5 and 6 of Decree No. 70/2000/ND-CP dated 21 November 2000 of the Government on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers.
2.2 The provision of information relating to deposits and assets of customers must comply with the following provisions:
a. The provision of information relating to deposits and assets pledged by customers upon request by customers themselves shall be performed in accordance with the guidance of each organization which accepts deposits and assets of customers.
Organization accepting deposits and assets of customers shall not be entitled to provide information relating to deposits and assets of customers if the request is made via telephone.
b. In respect of provision of information relating to deposits and assets pledged by customers upon request of a person authorized by customers: an authorization letter must be presented in case the authorization is made in accordance with the provisions of applicable laws, request for information must be consistent with the content of the authorization and shall be made in writing, and state clearly necessary information relating to deposits and assets of customers and be consistent with regulations, rules of the organization accepting deposits and assets of customers.
c. The provision of information relating to deposits and assets pledged by customers for the internal activity of organizations accepting deposits and assets of customers shall be performed in accordance with the decisions/regulations issued by General Directors (Directors) of organizations which accept deposits and assets of customers.
d. In respect of provision of information relating to deposits and assets pledged by customers upon request by subjects stipulated at paragraph 3, 4 of Articles 5 and 6 of Decree No. 70/2000/ND-CP dated 21 November 2000 of the Government on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers: request for information shall be made in writing. The written request on provision of information relating to deposits and assets pledged by customers must contain following details: