Circular No. 27/2017/TT-NHNN dated December 31, 2017 of the State Bank of Vietnam on amendments to the Circular No. 03/2013/TT-NHNN dated January 28, 2013 by the Governor of the State Bank of Vietnam on credit information-related activities of the State Bank of Vietnam

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Issuing body:	State Bank of Vietnam	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	27/2017/TT-NHNN	Signer:	Dao Minh Tu
Type:	Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	31/12/2017	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Finance - Banking

SUMMARY

To supplement credit information exploiters

In Circular No. 27/2017/TT-NHNN dated December 31, 2017, the State Bank of Vietnam amends a number of article of the Circular No. 03/2013/TT-NHNN dated January 28, 2013 by the Governor of the State Bank of Vietnam on credit information-related activities of the State Bank of Vietnam.

To be specific, this Circular adds foreign credit information organization as the groups of credit information exploiters. They are allowed to access credit information products concerning enterprises, including information published in accordance with applicable laws, according to the memorandum of understanding, cooperation agreement or service contract signed with CIC.

Credit institutions and branches of foreign banks must make full and timely payments of fees for using credit information services under terms and conditions of the signed contracts.

In addition, Credit institutions and branches of foreign banks shall have to report to CIC about annual financial information of borrowers that are enterprises, including: balance sheets, income statements, cash flow statements.

This Circular takes effect on July 01, 2018.

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THE STATE BANK OF VIETNAM

CircularNo. 27/2017/TT-NHNN dated December 31, 2017 of the State Bank of Vietnamon amendments to the Circular No. 03/2013/TT-NHNN dated January 28, 2013 by the Governor of the State Bank of Vietnam on credit information-related activities of the State Bank ofVietnam

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

Pursuant to the Law on Credits Institutions dated June 16, 2010;

Pursuant to the Law dated November 20, 2017 on amendments to the Law on credit institutions;

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 Director of the Finance and Accounting Department;

The Governor of the State Bank of Vietnam promulgates a Circular providing amendments to the Circular No. 03/2013/TT-NHNN dated January 28, 2013 by the Governor of the State Bank of Vietnam on credit information-related activities of the State Bank of Vietnam.

Article 1. Amendments to the Circular No. 03/2013/TT-NHNN dated January 28, 2013 by the Governor of the State Bank of Vietnam (SBV) on SBV’s credit information-related activities

1. To amend and supplement Article 3 as follows:

a. To amend and supplement Clause 4 Article 3 as follows:

“4. Borrower refers to any legal entity or individual that maintains a credit relationship with a credit institution or a foreign bank s branch."

b. To amend and supplement Point a Clause 8 Article 3 as follows:

“a. Companies with debt trading functions, companies engaging in management of debts and utilization of assets, credit information companies, insurance companies and securities companies;”

c. To add the following Clause 12 to Article 3:

“12. Foreign credit information organization refers to an organization that is duly established and operates in the field of credit information under the law of that foreign country”.

2. To amend and supplement Clause 1 Article 5 as follows:

“1. Comply with applicable laws on protection of state secrets, information privacy and other relevant laws when providing or using credit information."

3. To amend and supplement Clause 1 Article 7 as follows:

“1. Credit institutions and branches of foreign banks shall provide CIC with all information listed on the credit information system provided in the Appendix 1 enclosed herewith and classified into the following information types:

a) Identification information;

b) Credit facility agreement-related information;

c) Credit relationship-related information;

d) Information concerning credit card account statement;

e) Loan security-related information;

g) Annual financial information of borrowers that are enterprises, including: balance sheets, income statements, cash flow statements as regulated by the Ministry of Finance;

h) Information concerning investments in bonds of borrowers that are enterprises.”

4. To add the following Clause 7 Article 10:

“7. Foreign credit information organizations are allowed to access credit information products concerning enterprises, including information published in accordance with applicable laws, according to the memorandum of understanding, cooperation agreement or service contract signed with CIC.”

5. To amend and supplement Article 12 as follows:

a. To amend and supplement Clause 5 Article as follows:

“5. Publicly announce information about the principles and scope of credit information services, procedures for accessing and using credit information services, fees for accessing and using credit information services payable by users."

b. To amend and supplement Clause 7 Article 12 as follows:

“7. Enter into contracts and collect fees for accessing and using credit information services from service users in accordance with regulations of SBV and CIC.”

c. To add the following Clause 12 to Article 12:

“12. Enter into the memorandums of understanding, cooperation agreements or service contracts with foreign credit information organizations in accordance with the law of each country for the purposes of cooperating, sharing experience and exchanging credit information products".

6. To amend and supplement Clause 5 Article 14 as follows:

“5. Make full and timely payments of fees for using credit information services under terms and conditions of the signed contracts.”

7.To amend and supplement Clause 4 Article 15 as follows:

“4. Make full and timely payments of fees for using credit information services under terms and conditions of the signed contracts.”

8. To amend and supplement Clause 6 Article 16 as follows:

“6. Make full and timely payments of fees for using credit information services in accordance with CIC’s regulations”.

Article 2.

1.The Appendix 1 enclosed herewith shall supersedes the Appendix – Credit information system enclosed with the Circular No. 03/2013/TT-NHNN.

2. The phrase “Trung tâm Thông tin tín dụng” (“Credit Information Center”) is changed into “Trung tâm Thông tin tín dụng Quốc gia Việt Nam” (“National Credit Information Center of Vietnam”); and the phrase “Giám Đốc Trung tâm Thông tin tín dụng” (“Director of Credit Information Center”) is changed into “Tổng Giám Đốc Trung tâm Thông tin tín dụng Quốc gia Việt Nam” (“General Director of National Credit Information Center of Vietnam”) in Article 1, Article 12, Clause 1 Article 21 of the Circular No. 03/2013/TT-NHNN.

3. The phrase “Vụ Dự báo thống kê tiền tệ” (“Monetary Forecasting and Statistics Department”) is changed into ““Vụ Dự báo, thống kê” (“Forecasting and Statistics Department”); the phrase ““Vụ Tín dụng ” (“Credit Department”) is changed into “Vụ Tín dụng các ngành kinh tế” (“Credit Department of Economic Sectors”) in Point b, Point d Clause 2 Article 13 of the Circular No. 03/2013/TT-NHNN.

Article 3. Implementation

Chief of the Ministry’s Office, the Director of the Finance and Accounting Department, the General Director of National Credit Information Center of Vietnam, heads of SBV’s affiliates, Directors of branches of the State Bank of Vietnam in provinces and central-affiliated cities, Chairpersons of the Boards of Directors, Chairpersons of the Boards of Members and General Directors (Directors) of credit institutions and branches of foreign banks shall implement this Circular.

Article 4. Effect

This Circular takes effect on July 01, 2018.

For the Governor

Deputy Governor

Dao Minh Tu

APPENDIX 1

CREDIT INFORMATION SYSTEM
(Enclosed with the Circular No. 27/2017/TT-NHNN dated December 31, 2017 by the Governor of the State Bank of Vietnam on amendments to the Circular No. 03/2013/TT-NHNN dated January 28, 2013 by the Governor of the State Bank of Vietnam)

No.	Information item
I. Identification information
A. Identification information of individual borrowers
1	Full name of the borrower
2	Sex
3	Date of birth
4	Address
5	Telephone number
6	Nationality
7	Citizen’s identity card/ ID Card number
8	Other personal identity paper
9	Tax identification number
10	Spouse’s full name
11	Citizen’s identity card/ ID Card number of spouse
B. Identification information of borrowers that are legal entities
12	Name of enterprise/ other organization
13	Business name
14	Abbreviated name
15	Address
16	Contact address
17	Telephone
18	Fax
19	Website
20	Email
21	Tax code
22	Date of issue of tax code
23	Establishment decision number
24	Date of issue of the establishment decision
25	Business registration number
26	Date of issue of business registration certificate
27	Type of enterprise/ other organization
28	Business lines
29	Charter capital
30	Legal representative
31	Citizen’s identity card/ ID card of legal representative
32	Full name of members of the Board of Directors/ the Board of Members
33	Address of members of the Board of Directors/ the Board of Members
34	Citizen’s identity card/ ID Card number of members of the Board of Directors/ the Board of Members
35	Full name of General Director/ Director
36	Citizen’s identity card/ ID Card number of General Director/ Director
C. Identification information of credit cardholders
37	Full name of the main cardholder
38	Address
39	Telephone number
40	Nationality
41	Sex
42	Date of birth
43	Citizen’s identity card/ ID Card number
44	Other personal identity paper
45	Tax identification number
46	Spouse’s full name
47	Citizen’s identity card/ ID Card number of spouse
48	Full name of supplementary cardholder
49	Citizen’s identity card/ ID Card number of supplementary cardholder
II. Credit facility agreement-related information
50	Number of credit facility agreement
51	Date of signing the agreement
52	Date of terminating the agreement
53	Arising date
54	Interest rate
55	Loan purpose
56	Type of loan
57	Borrowing currency
58	Credit limit specified in the agreement
59	Loan amount in the period
60	Amount of debts to be collected in the period
61	Outstanding debt in original currency
62	Debt group
63	Date of the following debt repayment
64	Amount of debt payable in the following period
65	Actual days of late payment of debts
66	Actual amounts of late payment
67	Number of extensions of debt repayment term
68	Debt amounts the payment term of which is extended
III. Credit relationship-related information
69	On-balance sheet outstanding debt
70	Uncollected interests recorded on the balance sheet
71	On-balance sheet provisions to be made
72	On-balance sheet provisions made
73	Off-balance sheet outstanding debt
74	Off-balance sheet commitments
75	Off-balance sheet provisions to be made
76	Off-balance sheet provisions made
77	Uncollected interests recorded off the balance sheet
78	Number of extensions or adjustments of debt repayment term
IV. Information concerning credit card account statement
79	Contract number
80	Type of card
81	Opening date
82	Expiry date
83	Closing date
84	Credit limit
85	Statement date
86	Total amount due
87	Minimum amount due
88	Total amount paid
89	Outstanding balance
90	Total days past due
91	Number of late payments
V. Loan security-related information
*Information of borrowers without providing collateral*
92	Place of work
93	Job position
94	Working period (years)
95	Average monthly income
*Information of borrowers with providing collateral*
96	Collateral code issued by the credit institution
97	Type of collateral
98	Name of collateral owner
99	ID Card number of collateral owner
100	Tax identification number of collateral owner
101	Beginning date
102	Ending date
103	Value of collateral
104	Valuation date
105	Description of collateral
VI. Annual financial information of borrowers that are enterprises
*Items on balance sheet*
106	Financial year
107	Unit
108	Currency type
109	Auditing (yes/no)
110	Consolidated financial statements (yes/no)
111	Current assets
112	Cash and cash equivalents
113	Cash
114	Cash equivalents
115	Short-term investments
116	Trading securities
117	Provision for impairment of trading securities
118	Held-to-maturity investments
119	Short-term receivables
120	Short-term trade receivables
121	Short-term repayments to suppliers
122	Short-term intercompany receivables
123	Receivables according to schedule of construction contract
124	Short-term loan receivables
125	Other short-term receivables
126	Allowance for doubtful short-term receivables
127	Shortage of assets awaiting resolution
128	Inventories
129	Inventories
130	Provision for devaluation of inventories
131	Other current assets
132	Short-term prepaid expenses
133	Deductible VAT
134	Taxes and other receivables from the State
135	Repos of government bonds
136	Other current assets
137	Long-term assets
138	Long-term receivables
139	Long-term receivables from customers
140	Long-term repayments to suppliers
141	Working capital at subsidiaries
142	Long-term intercompany receivables
143	Long-term loan receivables
144	Other long-term receivables
145	Allowance for doubtful long-term receivables
146	Fixed assets
147	Tangible fixed assets
148	Historical costs
149	Accumulated depreciation
150	Fixed assets for finance lease
151	Historical costs
152	Accumulated depreciation
153	Intangible fixed assets
154	Historical costs
155	Accumulated depreciation
156	Investment property
157	Historical costs
158	Accumulated depreciation
159	Long-term assets in progress
160	Long-term work in progress
161	Construction in progress
162	Long-term investments
163	Investments in subsidiaries
164	Investments in joint ventures and associates
165	Investments in equity of other entities
166	Provision for devaluation in long-term investments
167	Held-to-maturity investments
168	Other long-term assets
169	Long-term prepaid expenses
170	Deferred income tax assets
171	Long-term equipment, materials and spare parts for replacement
172	Other long-term assets
173	Goodwill
174	Total assets
175	Liabilities
176	Current liabilities
177	Short-term trade payables
178	Short-term prepayments from customers
179	Taxes and other amounts payable to state budget
180	Payables to employees
181	Short-term accrued expenses
182	Short-term intercompany payables
183	Payables according to schedule of construction contract
184	Short-term unearned revenues
185	Other short-term payables
186	Short-term borrowings and finance lease liabilities
187	Provision for short-term payables
188	Bonus and welfare fund
189	Price stabilization fund
190	Repos of government bonds
191	Long-term liabilities
192	Long-term trade payables
193	Long-term prepayments from customers
194	Long-term accrued expenses
195	Intercompany payables for working capital
196	Long-term intercompany payables
197	Long-term unearned revenues
198	Other long-term payables
199	Long-term borrowings and finance lease liabilities
200	Convertible bonds
201	Preference shares
202	Deferred income tax payable
203	Provision for long-term payables
204	Science and technology development fund
205	Owner’s equity
206	Owner’s equity
207	Contributed capital
208	Ordinary shares with voting rights
209	Preference shares
210	Capital surplus
211	Options on convertible bonds
212	Other capital
213	Treasury shares
214	Differences upon asset revaluation
215	Exchange rate differences
216	Development and investment fund
217	Enterprise reorganization assistance fund
218	Other funds
219	Undistributed profit after tax
220	Undistributed profit after tax accrued to the end of the previous period
221	Undistributed profit after tax in this period
222	Construction investment fund
223	Non-controlling interests
224	Other budget sources and funds
225	Budget sources
226	Budget used for acquiring fixed assets
227	Total liabilities and owner’s equity
*Items on income statement*
228	Revenues from selling goods and rendering services
229	Revenue deductions
230	Net revenue from selling goods and rendering services
231	Costs of goods sold
232	Gross profits from selling goods and rendering services
233	Financial incomes
234	Financial expenses
235	In which: Interest expenses
236	Profit/loss in joint ventures
237	Selling expense
238	General and administrative expenses
239	Net operating profit
240	Other incomes
241	Other expenses
242	Other profits
243	Total accounting profit before tax
244	Current corporate income tax expenses
245	Deferred corporate income tax expenses
246	Profits after corporate income tax
247	Profits after tax of shareholders of parent company
248	Profits after tax of non-controlling shareholders
249	Basic earnings per share
250	Diluted earnings per share
*Items on cash flow statement (direct)*
*Cash flows from operating activities*
251	Proceeds from selling goods and rendering services, and other revenues
252	Payments to suppliers
253	Payments to employees
254	Interests paid
255	Corporate income tax paid
256	Other proceeds from operating activities
257	Other expenses on operating activities
258	Net cash flows from operating activities
*Cash flows from investing activities*
259	Purchase and construction of fixed assets and other long-term assets
260	Proceeds from sale and transfer of fixed assets and other long-term assets
261	Provision of loans and purchase of debt instruments from other entities
262	Collection of loans and sale of debt instruments issued by other entities
263	Investments in equity of other entities
264	Recovery of investments in equity of other entities
265	Interest, dividends and distributed profits
266	Net cash flows from investing activities
*Cash flows from financing activities*
267	Proceeds from issuing shares and receiving contributed capital
268	Repayment of contributed capital and repurchase of shares issued
269	Proceeds from borrowing
270	Repayment of loan principals
271	Payment of principals of finance lease liabilities
272	Dividends and profits paid to the owners
273	Net cash flows from financing activities
274	Net cash flows during the period
275	Cash and cash equivalents at the beginning of the period
276	Effects of fluctuations in exchange rates
277	Cash and cash equivalents at the ending of the period
*Items on cash flow statement (indirect)*
*Cash flows from operating activities*
278	Pretax profit
279	Depreciation of fixed assets and investment property
280	Provisions
281	Gains (losses) on exchange rate differences from revaluation of foreign currency accounts
282	Gains (losses) from investments
283	Interest expenses
284	Other adjustments
285	Operating profit before changes in working capital
286	Increase (decrease) in receivables
287	Increase (decrease) in inventories
288	Increase (decrease) in payables (exclusive of interests payable and income tax payable)
289	Increase (decrease) in prepaid expenses
290	Increase (decrease) in trading securities
291	Interests paid
292	Corporate income tax paid
293	Other proceeds from operating activities
294	Other expenses on operating activities
295	Net cash flows from operating activities
*Cash flows from investing activities*
296	Purchase or construction of fixed assets and other long-term assets
297	Proceeds from sale and transfer of fixed assets and other long-term assets
298	Provision of loans and purchase of debt instruments from other entities
299	Collection of loans and sale of debt instruments issued by other entities
300	Investments in equity of other entities
301	Recovery of investments in equity of other entities
302	Interest, dividends and distributed profits
303	Net cash flows from investing activities
*Cash flows from financing activities*
304	Proceeds from issuing shares and receiving contributed capital
305	Repayment of contributed capital and repurchase of shares issued
306	Proceeds from borrowing
307	Repayment of loan principals
308	Payment of principals of finance lease liabilities
309	Dividends and profits paid to the owners
310	Net cash flows from financing activities
311	Net cash flows during the period
312	Cash and cash equivalents at the beginning of the period
313	Effects of fluctuations in exchange rates
314	Cash and cash equivalents at the ending of the period
VII. Information concerning investments in bonds of borrowers that are enterprises
315	Issue date
316	Investment contract number
317	Annual interest rate
318	Quantity of bonds
319	Payment due date
320	Total investment
321	Currency type
322	Purpose of bond issuance
323	Provisions for risks to be made
324	Provisions for risks actually made

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Circular No. 27/2017/TT-NHNN dated December 31, 2017 of the State Bank of Vietnam on amendments to the Circular No. 03/2013/TT-NHNN dated January 28, 2013 by the Governor of the State Bank of Vietnam on credit information-related activities of the State Bank of Vietnam

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