Circular 14/2019/TT-NHNN amending periodical reporting regime of State Bank

CIRCULAR

ON AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES IN THE CIRCULARS PROVIDING REGULATIONS ON THE PERIODICAL REPORTING REGIME OF THE STATE BANK

Pursuant to the State Bank of Vietnam Law dated June 16, 2010;

Pursuant to Law on Credit Institutions dated June 16, 2010

Pursuant to the Law on amending and supplementing a number of articles of the Law on Credit Institutions dated November 20, 2017;

Pursuant to the Government s Decree No. 09/2019/ND-CP dated January 24, 2019, providing for the reporting regime of state administrative agencies;

Pursuant to the Government s Decree No. 16/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

At the request of the Chief of Office of the State Bank of Vietnam;

The Governor of the State Bank of Vietnam hereby promulgates a Circular on amending and supplementing a number of articles in the circulars providing regulations on the periodical reporting regime of the State Bank.

Article 1. To amend and supplement the regulations on reporting regime

1. To amend and supplement the reporting regime on credit information operations in Circular No. 16/2010/TT-NHNN dated June 25, 2010 of the Governor of the State Bank of Vietnam, guiding the implementation of Decree No. 10/2010/ND-CP dated February 12, 2010 of the Government on credit information operations (hereinafter referred to as Circular No. 16/2010/TT-NHNN) as follows:

Article 17 of Circular No. 16/2010/TT-NHNN (amended and supplemented in Clause 6 Article 1 of Circular No. 27/2014/TT-NHNN dated September 18, 2014 of the Governor of the State Bank of Vietnam, on amending and supplementing a number of articles of Circular No. 16/2010/TT-NHNN) is amended and supplemented as follows:

“Article 17. Report on credit information operations

1. Credit information companies are responsible for sending directly or via post service to the State Bank (Banking Inspection and Supervision Agency) the following written reports:

a) Quarterly and annual financial statements according to law provisions;

b) Report on operation situation according to Form No. 06/TTTD, enclosed with this Circular;

c) Report on unexpected events for major IT incidents (such as a failure, malfunction of software/hardware; an attack on the network that makes the system no longer reliable and operates abnormally), as per the Form No. 07/TTTD enclosed with this Circular;

d) Report according to Form No. 07/TTTD, enclosed with this Circular when one of the following changes happens:

- Managers;

- Number of credit institutions and foreign bank branches that commit to provide credit information;

- Agreement on the process of collecting, processing, storing and providing credit information between the credit information company and such credit institutions, foreign bank branches.

- Information infrastructure

2. Deadline for submitting report:

a) Reports specified at Points a and b, Clause 1 of this Article shall be made quarterly and annually as follows:

- Quarterly reports shall be submitted before the 20th of the month following the reporting quarter;

- Annual income statements shall be submitted before February 15 of the year immediately following the reporting year;

- Annual financial statements shall be audited and submitted before April 15 of the year immediately following the reporting year.

b) Reports specified at Point c, Clause 1 of this Article shall be reported on the same day of the incident. If the incident occurs on weekends or public holidays, then the report shall be submitted on the first working day after the such weekends or public holidays.

c) Reports specified at Point d, Clause 1 of this Article shall be made within 7 working days at the latest from the date of any change.

3. The time to closing report data:

a) For reports prescribed at Points a and b, Clause 1 of this Article, the time for closing data of each reporting period is corresponding to the accounting period as per the provisions of the Accounting Law.

b) For the reports specified at Points c and d, Clause 1 of this Article, the time for closing data shall be determined according to each content requested to be reported when arising or when there is a change”.

2. To amend and supplement the reporting regime on ATM operations in the Circular No. 36/2012/TT-NHNN dated December 28, 2012 of the Governor of the State Bank of Vietnam on equipment, management , operation and guarantee of the safety of the automatic trading machine (hereinafter referred to as Circular No. 36/2012/TT-NHNN), as follows:

Article 10 of Circular No. 36/2012/TT-NHNN (amended and supplemented in Clause 4 Article 1 of Circular No. 44/2018/TT-NHNN dated December 28, 2018 of the Governor of the State Bank of Vietnam on amending and supplementing a number of articles of Circular No. 36/2012/TT-NHNN) is amended and supplemented as follows:

“Article 10. Informing and reporting

1. Payment service-providing organizations and State Bank branches in localities where ATMs are deployed and installed are responsible for reporting to the State Bank of Vietnam as follows:

a) To report in accordance with the regulations of the State Bank of Vietnam on the statistical reporting regime, applicable to credit institutions and foreign bank branches and upon request of competent authorities as prescribed under the law;

b) To report on ATM operations for the first half years and annually as follows:

- Method of submitting and receiving reports: The reports are made in writing to the State Bank of Vietnam (Department of Payment) in one of the following forms: direct delivery, postal service or email system of the State Bank.

- Data closing time: from December 15 of the year preceding the reporting period to June 14 of the reporting period for 6 month reports and from December 15 of the year preceding the reporting period to December 14 of reporting year for annual reports.

- Deadline for report submission: latest on July 15 of the reporting year for 6-month reports and latest on January 15 of the following year for annual reports.

- Report outlines are made according to Form No. 04 (for payment service suppliers) and Form No. 05 (for State Bank branches) issued together with this Circular.

2. Payment service suppliers are responsible for reporting to the State Bank (Department of Payment) as follows:

a) To report on the upgrading of ATM system in writing, submitted directly or via postal service within 10 days before the date of upgrading ATM system.

 b) To report on abnormal problems arising to the ATM system: When an abnormal problem which may cause risks and unsafety in its ATM system and to ATM systems of other  payment service suppliers is found, the payment service supplier notifies to the State Bank via email address [email protected] within 24 hours about the contents, inclusive of the problem happening time, description of problem, effects, risks in its ATM system and for ATM system of other payment services suppliers, the cause of problem, and handling measures. At the same time, to make a written report, submit directly or via the postal service within 03 working days from the date of notice to the State Bank of Vietnam”.

3. To amend and supplement the regime of reporting the operation network of commercial banks in the Circular No. 21/2013/TT-NHNN dated September 9, 2013 of the Governor of the State Bank of Vietnam, regulating the operation network of commercial banks (hereinafter referred to as Circular No. 21/2013/TT-NHNN) as follows:

Clause 2, Article 28 of Circular No. 21/2013/TT-NHNN is amended and supplemented as follows:

“2. Every 06 months and annually, make a written report, submit directly or via postal service to the State Bank (Banking Inspection and Supervision Agency) and the State Bank branches where the commercial bank head offices are located, on the contents as per the Appendix No. 02 issued together with this Circular, of which:

a) Deadline for submitting report:

- First half year report: by July 31 annually.

- Annual report: latest on January 31 of the year following the reporting year.

b) The time of report date closing of each reporting period is corresponding to the accounting period according to the provisions of the Accounting Law”.

4. To amend and supplement the regime of reporting on vault safety at Circular No. 01/2014/TT-NHNN dated January 6, 2014 of the Governor of the State Bank of Vietnam, providing regulations on delivery, preservation, transportation cash, precious assets and valuable papers (hereinafter referred to as Circular No. 01/2014/TT-NHNN), as follows:

Article 69 of Circular No. 01/2014/TT-NHNN is amended and supplemented as follows:

“Article 69. Reports on vault safety work

Annually, the State Bank branches, credit institutions and foreign bank branches shall report on the vault safety as per the following contents:

1. Report contents: Report on situation, implementation results, shortcomings and limitations in vault safety.

2. Agencies receiving reports and reporting deadlines:

- Reports of credit institutions and foreign bank branches to the State Bank branches in the area and superior credit institutions and foreign bank branches (if any) shall be submitted before January 1 of the year following the reporting year.

- State bank branches, credit institutions, foreign bank branches shall sum up and submit a report to the State Bank (the Issue and Vault Department) before January 15 of the year following the reporting year.

3. Method of submitting and receiving reports: Reports are made in writing, submitted directly or via postal service.

4. Data closing time: Calculated from December 15 of the year preceding the reporting period to December 14 of the reporting period.

5. Report outline form: Form No. 01 attached to this Circular”.

5. To amend and supplement the regime of reporting on the Fund for ensuring the safety of the people s credit fund system in the Circular No. 03/2014/TT-NHNN dated January 23, 2014 of the Governor of the State Bank of Vietnam, stipulating the regulations on Fund for ensuring the safety of the people s credit fund system (hereinafter referred to as the Circular No. 03/2014/TT-NHNN), as follows:

 Article 9 of the Circular No. 03/2014/TT-NHNN is amended and supplemented as follows:

“Article 9. Reporting to the State management agencies

1. Annually, at the latest on July 15, cooperative banks shall send a first six-month report on the operation situation of the Preservation Fund to the State Bank (Banking Inspection and Supervision Agency) according to Form No. 01 issued together with this Circular.

2. Annually, within 45 days after the end of a fiscal year, cooperative banks shall send reports to the State Bank (Banking Inspection and Supervision Agency) as follows:

a) Reports on the operation situation and annual fiscal statement of previous year of the Preservation Fund, made according to Form No. 02 issued with this Circular;

b) Reports on the results of internal supervision and audit of the cooperative banks’ supervisory boards on the operation situation and financial results of the Preservation Fund, made according to Form No. 03 issued with this Circular.

3. Irregular reports at the request of the State Bank.

4. Reports in Clauses 1, 2 and 3 of this Article shall be made in writing and submitted directly or via postal service to the State Bank (Banking Inspection and Supervision Agency)”.

6. To amend and supplement the regime of reporting on management and use of digital certificates of the State Bank in Circular No. 28/2015/TT-NHNN dated December 18, 2015 of the Governor of the State Bank of Vietnam on the management and use of digital signatures, digital certificates and services of digital signature authentication of the State Bank (hereinafter referred to as Circular No. 28/2015/TT-NHNN), as follows:

Clause 1, Article 17 of Circular No. 28/2015/TT-NHNN is amended and supplemented as follows:

“1. Periodic report on the management and use of digital certificates:

a) Report name: Report on checking the list of digital certificates issued by the State Bank.

b) Content of report: List of digital certificates issued by the State Bank digital signature authentication service providers and use situation.

c) Subjects of implementation: Divisions of the State Bank, credit institutions, foreign bank branches, State Treasury, Deposit Insurance of Vietnam and other organizations granted issue digital certificates by the State Bank.

d) Agencies and units receiving reports: Information Technology Department - State Bank.

e) Method of submitting and receiving reports:

- Paper documents, sent directly or via postal service;

- Electronic reports in Excel format are sent via email to [email protected] or electronic reports are sent via the online public service system of the State Bank of Vietnam.

g) Frequency and deadline for submission of reports: every 6 months, on June 20 and December 20 of the reporting year at the latest.

h) Deadline for report data closing time:

- The data closing time for the first half year report is calculated from December 15 of the year preceding the reporting period to June 14 of the reporting period.

- The data closing time for the second half year report is from June 15 to the end of December 14 of the reporting period.

i) Report outlines: Form 09 which is enclosed with this Circular.”

7. To amend and supplement the regime of reporting asset liquidation, asset allocation and other arising matters in the Circular No. 24/2017/TT-NHNN dated December 29, 2017 of the Governor of the Housing Bank Vietnam, stipulating the order and procedures for revocation of permits and liquidation of assets of credit institutions and foreign bank branches; Procedures for revoking permits of representative offices of foreign credit institutions and other foreign institutions engaging in banking operations (hereinafter referred to as Circular No. 24/2017/TT-NHNN), as follows:

Clause 4, Article 17 of Circular No. 24/2017/TT-NHNN is amended and supplemented as follows:

“4. Within the first ten (10) working days of each month or irregularly, the Liquidation Supervision Team shall make a written report, send directly or via postal service to the State Bank branches or banking inspection agencies, Deposit Insurance of Vietnam, Governor of the State Bank of Vietnam, provincial-level People s Committees to report on asset liquidation, asset allocation and other arising issues according to Form No. 01 issued together with this Circular. In case of necessity, a written request shall be made to concerned agencies to assist the credit institutions and foreign bank branches to recover the receivables and handle customers who intentionally cause loss to the assets of credit institutions and foreign bank branches”.

 8. To amend and supplement the regime of reporting on special lending data in the Circular No. 01/2018/TT-NHNN dated January 26, 2018 of the Governor of the State Bank of Vietnam, stipulating special loans for credit institutions under special control (hereinafter referred to as Circular No. 01/2018/TT-NHNN), as follows:

Clause 5 Article 21 of Circular No. 01/2018/TT-NHNN is amended and supplemented as follows:

“5. Monthly, within the first 07 working days of the month following the reporting month or when necessary, send written document directly or via postal service to the Governor of the State Bank of Vietnam to report on special lending data to credit institutions according to Appendix No. 04 issued together with this Circular. The closing time of report data is counted from the first day to the end of the last day of the reporting month”.

9. To amend and supplement the regime of reporting on the internal control system in the Circular No. 13/2018/TT-NHNN dated May 18, 2018 of the Governor of the State Bank of Vietnam, stipulating the internal control systems of commercial banks and foreign bank branches (hereinafter referred to as Circular No. 13/2018/TT-NHNN), as follows:

Clause 1, Article 7 of Circular No. 13/2018/TT-NHNN is amended and supplemented as follows:

“1. Commercial banks and foreign bank branches shall make written reports and send directly or via postal service to the State Bank (Banking Inspection and Supervision Agency) regarding the internal control system as prescribed in Clauses 2, 3 and 4 of this Article”.

10. To amend and supplement the regime of reporting incidents causing interruption of the payment system operations in Circular No. 20/2018/TT-NHNN dated August 30, 2018 of the Governor of the State Bank of Vietnam, stipulating the supervision of payment systems (hereinafter referred to as Circular No. 20/2018/TT-NHNN), as follows:

Point c Clause 1 Article 7 of the Circular No. 20/2018/TT-NHNN is amended and supplemented as follows:

“c) To notify the supervising unit immediately after detecting the incident causing interruption of payment system operations for more than 30 minutes via email [email protected] to grasp and track the troubleshooting; to send written notice of incidents, directly or via postal service or via the State Bank s reporting system according to Appendix IV, promulgated together with this Circular, within 03 working days after troubleshooting completion;”

11. To amend and supplement the regime of reporting on the import and use of imported goods of the money-printing, minting establishments in the Circular No. 38/2018/TT-NHNN dated December 25, 2018 of the Governor of the State Bank of Vietnam, stipulating the import of goods in service of money printing and minting operations of the State Bank of Vietnam (hereinafter referred to as Circular No. 38/2018/TT-NHNN) as follows:

Clause 3, Article 6 of the Circular No. 38/2018/TT-NHNN is amended and supplemented as follows:

“3. On a quarterly basis (by the 18th of the first month of the following quarter at the latest), the money printing and minting establishments shall report in writing, send directly or via postal service to the State Bank (Issue and Vault Department) on the situation of import and use of imported goods, made according to Form No. 01 issued together with this Circular. The data closing time is calculated from the 15th of the month before the reporting period to the 14th of the last month of the reporting period quarter”.

12. To amend and supplement the regime of reporting the results of implementation of remedial plans in the Circular No. 46/2018/TT-NHNN dated December 28, 2018 of the Governor of the State Bank of Vietnam, stipulating the time limit, sequence and procedures for the transition of a major shareholder of a credit institution and its related persons owning shares of 5% or more of charter capital of another credit institution (hereinafter referred to as the Circular No. 46/2018/TT-NHNN), as follows:

a) Clause 2 Article 4 of the Circular No. 46/2018/TT-NHNN is amended and supplemented as follows:

“2. Periodically, before the 10th of the first month of the quarter, the focal credit institution shall coordinate with other credit institutions and relevant major shareholder groups to report the results of the implementation of the remedial plan of the previous quarter according to Form No. 01 issued with this Circular, with the following content:

a) List of shareholders owning shares in excess of the limit;

b) Result of remedying the percentage of shares in excess of the limit;

c) In cases failing to satisfy the schedules stated in the remedial plan, report difficulties and problems (if any) and propose the solutions”.

b) Clause 3a Article 4 of the Circular No. 46/2018/TT-NHNN is supplemented as follows:

“3a. Reports in Clauses 2 and 3 of this Article shall be made in writing and sent directly or via postal service to the State Bank (Banking Inspection and Supervision Agency)”.

Article 2. To supplement and replace the forms in the reporting regime

To supplement and replace the forms in the circulars in the Appendices attached to this Circular as follows:

1. To supplement Appendix 01, including Form No. 06/TTTD and Form No.  07/TTTD enclosed with this Circular, in to the Circular No. 16/2010/TT-NHNN.

2. To supplement Appendix 02 to Form No. 01 issued together with this Circular, to Circular No. 01/2014/TT-NHNN.

3. To supplement Appendix 03, including Form No. 01, Form No. 02, Form No. 03 attached to this Circular, to Circular No. 03/2014/TT-NHNN.

4. To replace the Form No. 09 issued together with the Circular No.  28/2015/TT-NHNN with the Form No. 09 in Appendix No. 04 issued together with this Circular.

5. To supplement Appendix No. 05 including Form No. 01 issued together with this Circular, to the Circular No. 24/2017/TT-NHNN.

6. To supplement Appendix No. 06 to the Form No. 01 issued together with this Circular, to Circular No. 38/2018/TT-NHNN.

7. To supplement Appendix 07 to the Form No. 01 issued together with this Circular, to Circular No. 46/2018/TT-NHNN.

Article 3. Responsibilities for organizing the implementation

Chief of Office, Heads of divisions of the State Bank, Directors of State Bank branches in centrally-run provinces, cities and Chairman of Board of Directors (Members’ Councils), General Director (Directors) of credit institutions, foreign bank branches, the State Treasury, Credit information companies, money printing and minting facilities, Deposit Insurance of Vietnam, payment service suppliers are responsible for organizing the implementation of this Circular.

Article 4. Effect

1. This Circular takes effect on October 15, 2019.

2. This Circular annul the following provisions:

a) Clause 6 Article 1 of the Circular No. 27/2014/TT-NHNN dated September 18, 2014 of the Governor of the State Bank of Vietnam on amending and supplementing a number of Articles of the Circular No. 16/2010/TT -NHNN;

b) Clause 4 Article 1 of Circular No. 44/2018/TT-NHNN dated December 28, 2018 of the Governor of the State Bank of Vietnam on amending and supplementing a number of Articles of the Circular No. 36/2012/TT-NHNN./.

For The Governor

The Deputy Governor

Dao Minh Tu