Circular No. 21/2010/TT-NHNN dated October 8, 2010 of the State Bank of Vietnam regulation on statistical report applicable to units under State Bank and credit institutions, foreign bank branches

CIRCULAR

REGULATION ON STATISTICAL REPORT APPLICABLE TO UNITS UNDER STATE BANK AND CREDIT INSTITUTIONS, FOREIGN BANK BRANCHES

Pursuant to the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Law on Credit Institutions No. 47/2010/QH12 dated June 16, 2010;

Pursuant to the Law on Statistics 04/2003/QH11 dated June 17, 2003;

Pursuant to Decree No. 96/2008/ND-CP dated August 26, 2008 of the Government on functions, tasks, powers and organizational structure of the State Bank of Vietnam;

State Bank of Vietnam (hereinafter referred to as the State Bank) regulation statistical report applicable to units of the State Bank and credit institutions, branches of foreign banks (referred to a statistical report) as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Adjusting scope

Statistical report regulating in this Circular under the types of regime of basic statistical report in accordance with the Law on Statistics of 04/2003/QH11 dated June 17, 2003.

Statistical reports provided for in this Circular is a way of collecting statistical information from the reporting units to meet the performance of functions of state management on monetary, banking operation and Central banking functions of State Bank.

For other report is not within the adjusting scope of this Circular, the reporting units comply with current regulations of the Governor of State Bank and the competent State management agency.

Article 2. Reporting units

1. The units under organizational structure of the State Bank (hereinafter referred to as units under the State Bank).

2. Credit institutions (excluding the micro-finance institutions), branches of foreign banks establishing and operating on the territory of Vietnam under the Law on Credit Institutions (hereinafter referred to as credit institutions)

Article 3. Recipient of report

The unit receiving reports is units under the State Bank.

Article 4. Reporting target and statistical report form (hereinafter referred to as reporting targets, report form)

1. The reporting targets are divided into small groups. Each target group has different sup-group

2. Targets, periodical reporting forms: periodical schedule, the time limit for reporting, reporting unit, the content and guiding of criteria report, periodic report forms are specified in Article 11 of this Circular and Annexes 1, 2, 3, 4a, 4b together with this Circular.

3. In case where it is necessity to cater for the management, direction, Governor of State Bank or the Director of State Bank branches in provinces and cities directly under the central Government require to report under the criteria, report forms is not stipulated in this Circular; The reporting unit shall respond fully and timely reporting requirements.

Article 5. Statistics code number and guideline of disaggregating, classification

1. The specific provisions of statistic code number applied in the banking statistics are specified in Appendix 5 attached this Circular.

2. Guidance on classification of organizations and individuals, disaggregating economic lines according to three economic sectors, disaggregating resident and non-residents in Vietnam is specified correspondently in Annexes 6, 7 and 8 attached to this Circular.

Article 6. Reporting method

1. Electronic report is expressed as a file (file) electronic data is transmitted over a computer network or via the information carrier. Electronic reports must be fully electronic signature of the head or competent person of the reporting unit and in accordance with signs, communication code, and file structure prescribed by the State Bank.

Electronic report compulsorily apply to reporting target specified in Appendix 1 of report forms prescribed about electronic report form in Appendix 4a, 4b Annex attached to this Circular.

2. Written report is in paper forms and must comply with form prescribed and full of stamps and signatures of competent persons of the reporting unit and the signature, full name of the founder and report controller.

Article 7. Network connection and electronic reporting process

1. Head office of credit institutions (excluding the basic People s Credit Fund and the branches of foreign banks are not junction branches of the branches the same to operation system in Vietnam) connect network with the Informatics Technology Department to send reports to the State Bank as stipulated in Annex 2 and Annex 4b together with this Circular.

2. The branches of State Bank in provinces and cities directly under the Central Government (hereinafter referred to as the State Bank branches in provinces and cities) connect network of news communication with the Informatics Technology Department to send reports to the State Bank prescribed in Annex 2, Annex 4a together with this Circular and to exploit report of credit institutions in the area from the common database at the State Bank under the guidance of the Information Technology Department.

3. People s Credit Fund connect network to communicate news with the State Bank branches in provinces and cities where their head office locate to send a report to the State Bank as stipulated in Annex 2 and Annex 4b attacked this Circular.

In case where the People s Credit Fund is not eligible to connect communication network with the State Bank branches in provinces and cities, the report files will be sent via the information carrier, or sent in a written report to the State Bank branches in provinces and cities where their headquartered locate. State Bank branches in provinces and cities shall have to update the report data of each basic credit Fund into a database at the State Bank branches in provinces and cities to send to the State Bank.

4. In case where the data transmission system is out of operation, the reporting unit must send the report file stored on the information carrier for the State Bank as the following regulations:

a) The head office of credit institutions (excluding the basis People s Credit Fund and the foreign bank branches are not junction branches of the of the branches the same to system operating in Vietnam) send to the Information  Technology Department.
b) Basis People s Credit Fund send to the Informatics Technology Department through the State Bank branches in provinces and cities where their headquarter locate.

Article 8. Send a written report

The submitting of written report applicable to report form to be complied with specific regulations on each report form in Appendix 4a and 4b together enclosed this Circular.

Article 9. Report Information security

The statistical data reports and other relevant documents under the secret list of State must be managed, used and communicated in accordance with the law on State secrets protection

Article 10.Quality of statistical data report

The statistical data reports must be full, timely, honest, objective and accurate. When there are modifications to the data reported or data in the reporting period changes unusually, reporting unit has to send the report interpretation in writing to the reporting receipt units.

Article 11.Period and time limit to send the report

1. Periodic reports.

a) Daily periodic report is specified in working days.

b) Monthly period report, quarterly, 6 months, yearly, is specified in positive calendar.

c) Periodic reports in 10 days (or 3 periods per month): period 1 was calculated from the 1^stto the 10^thof the reporting month; Period 2 is calculated from the 11^thto the 20^thof the reporting month and period 3 is calculated from the 21^stto the end of the reporting month.

d) Periodic reports in 15 days (or 2 periods per month): period 1 is calculated from the 01^stto the 15^thof reporting months; Period 2 is calculated from the 16^thto the end of the reporting month.

 2. Time limit for reporting applicable to reporting target

a) Daily report: the reporting units send the report at the latest within 14 hours of the next working day after the reporting day.

b) Report in 10 days (3 period per month), 15 days (2 period per month): the reporting units send the report at the latest after 02 next working days after the end day of the reporting period.

c) Monthly report: the reporting units send the report at the latest within 12 days of the next month after the reporting month.

d) Quarterly Report: The reporting units send the report at the latest within 14 days of the first month of following quarter after reporting quarter.

e) Report in 6 months: the reporting units send the report at the latest on the 15^thof next month after the reporting period.

f) Annual report: the reporting units send report at the latest on the 20^thof January next year after reporting year.

g) For each report of basic People s Credit Fund, the State Bank branches in provinces and cities send to the State Bank within the period as follows:

- Report for 10 days (3 periods per month), 15days (2 periods per month): send the report at the latest after next 03 working days from the end day of the reporting period.

- Monthly report: to submit no later than the 14^thof the next month after the reporting month.

- Quarterly report: to submit no later than the 16^thof the next month after the reporting quarter.

- Annual report: to submit no later than the 25^thof January in next year after reporting year.

h) In case where the time limit for sending reports is different from above provisions shall be specified in Annex 3 attached to this Circular.

3. Time limit for sending the report apply to reporting forms are specified on the report forms in Appendix 4a, 4b attached to this Circular.

4. If the last specified date of the reporting period coincides with the holidays, Tet holidays, or weekend, shall send the report on the next working day after holidays, Tet holidays or weekend.

In case where the reports sent in writing, the actual day for sending report is considered as the date on the postmark where receiving reports to send. In case reports sent via electronic report channel, the reporting day will be the day when the report file is transmitted successfully to Information Technology Department

In case of Emergency or extraordinary, the unit must submit a written report by fax. After sending the report via fax, the reporting unit shall send the an official report in writing as prescribed in paragraph 2 Article 6 and Article 8 of this Circular. The actual day for sending a report is considered as the day faxing reports.

Article 12.Verification process for targets and electronic report forms

1. Information Technology Department:

a) As soon as receiving the report within the reporting period specified in Paragraph 2 and 3 Article 11 of this Circular, the Informatics Technology Department shall check the adequacy of the targets, electronic report forms transmitted via informatics network of by State Bank branches in provinces and cities and the headquarters of credit institutions. In case where finding out that the State Bank branches in provinces and cities, basic credit institutions do not transmit or lack of the target, electronic report forms or miss reports of the branches of credit institutions in the system, Information Technology Department must notify through the informatics network for the State Bank branches in provinces and cities, the headquarter of credit institutions to submit full reports to the State Bank.

b) As soon as receiving the results of verification of the units under the State Bank, Information Technology Department timely notify via informatics network for the State Bank branches in provinces and cities, the headquarters of credit institutions to handle, pass the correct data to the Information Technology Department.

c) As soon as receiving the targets, electronic report forms passed from State Bank branches in provinces, cities, and credit institutions, Information Technology Department shall notify timely through informatics network for unit receiving reports to update data.

2. At the Offices, Departments, banking supervision &inspection agencies:

Within 03 working days from the time limit sending reports specified at Point c, d, e, f, g, h Paragraph 2 and 3 Article 11 of this circular, all Offices, Departments and banking supervision &inspection agencies shall check the reasonableness of combined data from the targets and electronic report forms under the responsibility of monitoring, synthetic specified at Article 16 of this Circular; If errors are detected, the Offices, Departments, banking supervision &inspection agencies shall send the results of data verification through informatics network for the Informatics Technology Department to notify the reporting unit re-transmitting right data.

3. At the State Bank branches in provinces and cities:

a) Within 03 working days from the time limit for submission of reports specified at Point c, d, e, f, h 2 and 3 Article 11 of this Circular, the State Bank branches in provinces and cities shall check the adequacy and reasonableness of combined data from the targets, electronic reporting forms for each transaction offices, branches of credit institutions, credit institutions without branches in the area; If errors are detected, the State Bank branches in provinces and cities shall send the results of data verification through informatics networks for the Informatics Technology Department to notify the reporting unit re-transmitting right data.

b) Within 01 working day after receiving notice of electronic verification of Information Technology Department, State Bank branches in provinces, cities must pass fully and accurately reporting data to the Informatics Technology Department for Offices, Departments, banking supervision & inspection agencies to develop.

4. At the credit institutions:

Within 03 working days after receiving notice of electronic verification of the Information Technology Department, the headquarters of credit institutions must pass fully and accurately reporting data to the Informatics Technology Department for Offices, Departments, banking supervision & inspection agencies to develop.

Article 13.Verification process for report form in writing

1. At the Offices, Departments, banking supervision &inspection agencies;

a) Within 02 working days from the time limit for submitting reports specified in the report forms in writing, Offices, Departments, banking supervision &inspection agencies shall check the adequacy and reasonableness of the general data from the report forms in writing, which under responsibility of monitoring and reviewing stipulated in Article 16 of this Circular; In case where finding out that the reporting unit does not send reports or reporting data is incorrect, the Offices, Departments, banking supervision &inspection agencies shall notify by phone or fax for reporting unit to send a full report or resubmit a correct data.

b) Within 01 working day after receiving notice of verification by phone or fax from the Offices, Departments, banking supervision &inspection agencies, the reporting units must submit a full report or resubmit correct data true for the Offices, Departments, banking supervision &inspection agencies.

2. At the State Bank branches in provinces and cities:

a) Within 02 working days from the time limit for submitting reports specified the report forms applicable to basic people s credit fund, the State Bank branches in provinces and cities shall check the adequacy and reasonableness of the general data from the report forms in writing of basic people’s credit fund in area; In case where finding out that the basic people’s credit fund does not send reports or reporting data is incorrect, the State Bank branches in provinces and cities shall notify by phone or fax for people’s credit fund to send a full report or resubmit a correct data.

As soon asreceiving notice of verification by phone or fax from basic people’s credit fund in area, the State Bank branches in provinces and cities must review fully and accurately reporting data and pass via informatics network to Information Technology Department for units under State Bank to develop.

3. At the People s Credit Fund in grassroots level:

Within 02 working days after receiving notice of verification by phone or fax of the State Bank branches in provinces and cities, basic people s credit funds have to submit or resubmit the correct data for the Bank State Bank branches in provinces and cities.

Article 14.Targets, reporting forms do not arise

In case targets, reporting in the forms specifying in Appendix 1, Appendix 4a and 4b do not arise, the reporting units comply with the reporting guidelines of the Informatics Technology Department.

Chapter 2.

RESPONSIBILITIES OF UNITS UNDER STATE BANK AND CREDIT INSTITUTIONS IN IMPLEMENTING STATISTICS REPORTS

Article 15.According to the functions, tasks assigned the Offices, Departments, banking supervision &inspection agencies, is responsible for the following:

1. To set up targets, reporting forms related to performing the functions, tasks of their units.

2. When receiving request for amendment, supplement or new issuance of targets and report forms relating to the performance of functions and tasks of their units, Offices, Departments, banking supervision &inspection agencies must set up targets, reporting forms required to amend, supplement and issue a new one, unify with The Monetary Statistics and Forecast Departmentto submit to Governor of State Bank for issuance.

2. To coordinate with the Department of Forecasting and monetary statistics to organize training courses on statistical reports, guidelines for establishing targets, reporting forms set up by their own units.

3. To coordinate with the Department of Forecasting and monetary statistics in guiding and timely response to reporting units on problems relating to their responsibilities in implementing this Circular. In case where the Governor of the State Bank assign reporting units to guidance or response for the matter within their professional scope, management, must copy to Department of Forecasting and monetary statistics a document for their unit’s guidelines or response.

4. To monitor and supervise reporting units to implement sending fully and timely targets, reporting forms as prescribed in Article 16 of this Circular when detecting errors reporting targets, must promptly request reporting unit to modify and resubmit the correct data, to coordinate with the Informatics Technology Department to check sending electronic report of reporting unit via informatics networks.

5. Within 10 working days from the time limit for sending report specified at Point c, d, e, f, g, h paragraph 2 and 3 Article 11 of this Circular, Offices, Departments, banking supervision &inspection agencies handle, censor targets, reporting forms undertaken by their units, to transmit data has been moderated via informatics network for the Informatics Technology Department to update into general database of State Bank.

6. Quarterly to comment, assess the implementation of statistical report of reporting unit for targets, reporting forms undertaken by their unit and then send to The Monetary Statistics and Forecast Department at the latest on the last working day of the first month of following quarter for integration and public notice.

7. To store and manage statistical reports in writing directly received by their units from the reporting unit under the current regulations on management of storing records and documents in the banking sector.

8.To coordinate with banking supervision &inspection agencies and internal the Audit Department in inspecting and assessing organizations and units involved in the implementation of this Circular.

9. To set up and submit the targets and reporting forms for reporting units under the provisions of this Circular.

Article 16. Responsibilities of Offices, Departments, banking supervision & inspection agencies in the establishment, monitoring, supervising and verification and synthesis of targets, reporting forms

1. TheMonetary Statistics and Forecast Department: 1A.1, 1B.1, 1C.1, 1E, 1H, 2A, 2B.1, 4A, 4D, 5G, 7C, 7D.

2. The Monetary Policy Department: 1C.2, 3A, 7B.

3. The Credit Department: 1A.2, 1A.3, 1B.2, 1B.3, 1G, 7A.

4. The Foreign Exchange Management Department: 5A, 5B, 5C, 5D, 5E.

5. The Billing Department: 4B, 4C.

6. The Issue and Vault Department: 4E.

7. The Banking Supervisory agency: 1D, 6A, 6B, 6C, 8A, 8B, 8C, 8D, 8E, 8G, 8H.

8. The reporting units are specified on the reporting forms in Appendix 4a, 4b attached to this Circular shall be responsible for monitoring, supervising and verification and synthesis of targets, reporting forms received by their units.

Article 17.Responsibilities of the Monetary Statistics and Forecast Department

In addition to responsibilities specified in Article 15 and Article 16 of this Circular, the Monetary Statistics and Forecast Department shall:

1. Being the focal unit in the State Bank to receive written proposals on the implementation of this Circular, and to coordinate with related units to respond to other units’ comments; to monitor the process for proposals of the concerned units.

2. To update and notify the department of making focal statistics in the units under the State Bank on the website of the State Bank for the credit institutions to contact or exchange if any problems arise.

3. To synthesize and advice and submit to the Governor of State Bank for approving rights to develop targets, reporting forms have been censored for the units under the State Bank.

4. To coordinate with relevant units in guiding and inspecting the implementation of this Circular; quarterly, to synthesize comments, assessments and on behalf of the State Bank to announce the implementation and observance of the rules in this Circular.

5. To draw up establishment and submit to the Governor of State Bank for approving the list of general statistical targets of the banking sector, to precise over and coordinate with relevant units periodically to establish, maintain, store, supply and announce  general statistical data in accordance with law and direction of the Governor of State Bank.

Article 18. Responsibilities of the Informatics Technology Department

1. Being the focal unit in receiving targets, reporting forms by data files, to check name, file structure, code of report targets passed by units through the network or via the information carrier. In case where the report is wrong about the, file structure, or target code, to request reporting units to correct and re-send reports as prescribed; to response timely on the status of  data file for reporting units. In case where the incident of data line of the State Bank occurs, shall promptly notify the reporting units and to immediately implement measures to correct the problem.

2. To establish and organize management of statistical report data storage of the State Bank; to ensure the exploitation and use of statistics for the units under the State Bank.

3. To connect and maintain information transmitting networks for the units under the State Bank.

4. To provide, establish, install and guide operation of informatics program on statistical report for units under the State Bank for transmitting, receiving, tracking, summing and exploiting, investigating targets, reporting forms through computer networks and to backup log of targets and report forms have been sent.

5. To precise over and coordinate with the Monetary Statistics and Forecast Department for researching, developing computer programs used in statistical report work, implementing process of transmission and receipt, investigation of electronic reports via Informatics networks and to guide the implementation of this Circular in accordance with the Governor of State Bank.

6. To precise over and coordinate with other units of the State Bank, main headquarter of credit institutions for handling problems in the process of implementing verification of electronic reports.

7. To guide the allocation and management of key code, electronic symbolic program used for statistical report for the reporting units directly connect information transmitting network with the Informatics Technology Department.

8. to precise over and coordinate with the Monetary Statistics and Forecast Department and other relevant units in establishing and issuing statistical report target code. To guide regulations on the names, data file structure of electronic reporting and guide units in establishing, sending targets, reporting forms do not arise for the implementation of this Circular

9. To establish and guide the process of sending electronic report file applicable to the units under the State Bank in case of data transmission system of the State Bank meets incidents.

10. In case where the reporting unit notify of being transited report data file, but the receiving units have not received reporting targets through the network, after receiving reflections of the units, the Informatics Technology Department is responsible for checking and verifying the report data file transmit ion of reporting unit and notify the result to receiving units to coordinate timely for handling.

11. To timely update targets, reporting forms corrected at the request of the verification of the State Bank by the reporting units.

12. To backup log of receiving targets, reporting forms sent by the reporting unit. Quarterly, no later than the end day of the first month of following quarter, to send the notice of receiving & investigation log of targets, reporting forms in the previous quarter for the units under the State Bank through the informatics network to assess, review and report on the implementation and observance of the provisions in this Circular of the reporting units.

13. Periodically months, no later than the 25th of next month, synthesize, notify via informatics networks handling results, censoring targets, reporting forms in the preceding month of the Offices, Departments, banking supervision &inspection agencies and send to Department of Forecasting monetary statistics for general monitoring.

Article 19.Responsibilities of the Banking supervisory agency

In addition to the responsibilities specified in Article 15 and Article 16 of this circular, the Banking supervisory agency is responsible for inspecting organizations, units and individuals involved in the implementation of this Circular and handling administrative violations according to law.

Article 20.Responsibilities of the Internal Audit Department

The Internal Audit Department is responsible for checking the observance of this Circular of the units under the State Bank through the audit

Article 21.Responsibilities of the State Bank branches in provinces and cities

1. To urge basic people s credits funds in areas to send fully and timely targets, reporting forms and checks the reasonableness of the reports, synthesize reports and then submit a general report to the State Bank as prescribed in  this Circular.

2. In case in the province or city there are no or have not yet arisen (or without) activities related to content of the target or reporting forms prescribed in this Circular, the State Bank branches in provinces and cities City must comply with the provisions in Article 14 of this Circular

3. Quarterly to comment, review and notify the implementation of this Circular of the basic People s Credit Fund in the area, and report to the State Bank (Department of Forecasting and monetary statistics ) no later than the last working day of the first month of following quarter for integration and public notification.

4. To establish and submit the targets and reporting forms for report receiving units under the provisions of this Circular. To check, correct promptly send the report to the Informatics Technology Department after receiving the requirement of electronic report verification of the Information Technology Department.

5. To direct contact with the units under the State Bank who is responsible for monitoring, synthesizing targets , reporting forms as prescribed in Article 16 of this Circular or to reflect in writing to the State Bank ( Department of Forecasting, monetary statistics) when problems arise during the implementation process.

6. To inspect and supervise the observance of the provisions of this Circular for the organizations, units and individuals in the area under the management jurisdiction of the State Bank branch.

Article 22.Responsibilities of credit institutions

1. To abide by the provisions on statistical reports of the Governor of State Bank in this Circular. In the process of implementation, if any problems arise, to promptly report to the State Bank to be answered as follows:

a) The head office of credit institutions (excluding basic people s credit funds and the foreign bank branch is not nodal branch of the branches the same to operation system in Vietnam) to directly contact with the units under the State Bank which is responsible for monitoring and synthesizing targets, reporting forms as prescribed in Article 16 of this Circular or to reflect in writing to the State Bank (the Monetary statistics Forecast Department).

b) People s Credit Fund in grassroots level to contact directly or reflect in writing to the State Bank branches in provinces and cities where their headquarters locate.

2. Headquarter of credit institutions is nodal unit sending report and responsible completely under the law and the Governor of State Bank on the adequacy, timeliness and accuracy of the synthetic data in whole system, detailed data of each transaction office, branch of credit institutions in the system and then send to the State Bank under the guidance in Appendix 2.

3. Upon receiving notice of electronic report verification of the Informatics Technology Department or finding out errors in report submitted to the State Bank, headquarter of credit institution, must promptly correct report and resubmit right report to the State Bank, and explain the errors to the report receiving unit.

4. In case where credit institutions has not yet arisen (or not) activities related to the content of each group of reporting target or report forms prescribed in this Circular, credit institutions must comply with Article 14 of this Circular.

Article 23.Development of targets and reporting forms

1. The units under the State Bank allow to develop targets, reporting forms which their units are responsible for establishment, monitoring, supervising and investigating synthesizing as provided for in Article 16 of this Circular.

2. The units under the State Bank needs to develop targets, reporting forms censored by other units under the State Bank, they must register in writing with the Monetary statistics and Forecast Department to synthesize and submit to the State Bank Governor for approval.

3. The units are permitted to develop targets, reporting forms will be responsible for management and use of information and statistical data proper for purposes and in accordance with the law.

Chapter 3.

ORGANIZATION OF IMPLEMENTATION

Article 24. Handling of violations

1. Organizations, units and individuals violating the provisions of this Circular, depending on the nature and seriousness of the violation will be handled in accordance with current law.

2. The result of observance of provisions in this Circular is one of bases for the State Bank to consider and approve the proposal for permission of implementing new business and expanding operation network, ranking credit institutions of credit institution.

a) Credit institutions often violate (from 5 or more times) or intentionally violate the provisions of this Circular in the second period of review, assessment of the observance of regulations for consecutive statistical reports latest with the time of proposal for permission will not be considered and approved by the State Bank the proposal for permission of implementing new business and expanding operation network at least 6 months and until they implement truly regulations in this Circular.

b) Credit institutions violating the provisions of this Circular are handled by State Bank administrative violations or a written reminder of the observance of this Circular from 02 times or more in a fiscal year are not classified the best in that year.

Article 25.Effect

1. This Circular takes effect as from July 1^st, 2011.

2. This Circular replaces the Decision No.477/2004/QD-NHNN dated April 28, 2004 of the Governor of State Bank on the issuance of statistical reporting regime applicable to units under the State Bank and credit institutions, the Decision No. 1747/2005/QD-NHNN December 01, 2005 amending and supplementing a number of articles of the statistical reporting regime applicable to units under the Bank State and credit institutions, issued together with the Decision No.477/2004/QD-NHNN of the State Bank.

3. Office Manager, Department of forecasting, monetary statistics, the heads of concerned units under the State Bank, the General Directors (directors) of credit institutions shall implement this Circular.