Circular No. 35/2015/TT-NHNN dated December 31, 2015 of the State Bank of Vietnam on regulations on statistical reports applicable to credit institutions and branches of foreign banks

THE STATE BANK OF VIETNAM 

Circular No. 35/2015/TT-NHNN dated December 31, 2015 of the State Bank of Vietnam on regulations on statistical reports applicable to credit institutions and branches of foreign banks

Pursuant to the Law on 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 No.47/2010/QH12 dated November 23, 2015;

Pursuant Decree No.156/2013/ND-CP on functions, tasks, entitlement and organizational structure of the State Bank of Vietnam;

At the request of the Director of Department of Monetary Statistics and Forecast;

The Governor of the State Bank of Vietnam issues this Circular providing regulations on statistical reports applicable to credit institutions and branches of foreign banks.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

Statistical reporting regulation applicable to credit institutions and branches of foreign banks prescribed in this Circular are under ministerial, department-level statistical reporting regulation under the Laws on Statistics No.89/2015/QH13 dated November 23, 2015.

The statistical report prescribed in this Circular means a way of collection of statistical information from reporting units to facilitate the performance of functions of state management of monetary, banking activities and State Bank of Vietnam as the Central Bank (hereinafter referred to the State Bank).

With regard to reports other than those mentioned in the scope of this Circular, the reporting units shall follow current regulations of the Governor of the State Bank and competent state regulatory authorities.

Article 2. Reporting units

Credit institutions (except for microfinance institutions), branches of foreign banks incorporated and operating within Vietnam’s territory under the Law on Credit Institutions (hereinafter referred to as credit institutions).

Article 3. Recipients of reports

Recipients of reports (hereinafter referred to as recipients) are affiliates of the State Bank that are specified in reporting forms presented in Part III, Appendix 1 hereof.

Article 4. Forms of statistical reports

1.Forms of periodic statistical reports (hereinafter referred to as reporting forms): reporting periods, time limit for report submission, reporting units, contents and usage of such reporting forms shall prescribed in Article 11 and Appendices 01, 02, 03 and 04 hereof.

2.In some necessary cases, the Governor of the State Bank or Directors of branches of State Bank of provinces or central-affiliated cities (hereinafter referred to as branches of State Bank of provinces) has the power to request reporting units to make their statistical reports using reporting forms other than those presented in this Circular. Reporting units shall timely and fully satisfy reporting requirements requested in such reporting forms.

Article 5. Codes of statistics and guidance on division and classification

1.Specific provisions of statistics codes applicable to banking statistics shall be specified in Appendix 03 hereof.

2.Guidelines on classification of small and medium enterprises (SMEs) and division of residents and non-residents of Vietnam shall be prescribed in Appendix 2 hereof; the classification of types of organizations and individuals, SMEs, division of industry level 1 according to 03 sectors shall be prescribed in the Appendix 04 hereof.

Article 6. Methods of report submission

1.A electronic report means a report that is converted into electronic data file and transmitted via a network or information carrier. The electronic report must bear a digital signature of the Head or competent person of the reporting unit and comply with the symbol, transmission code and file structure promulgated by the State Bank.

The electronic report must apply to reporting forms regulated in Part II, Appendix 1 hereof (except for those regulated in clause 2 of Article 8).

2.A written report means a paper report that shall strictly comply with the regulated form and bear a signature and stamp of the competent person of the reporting unit, its compiler and controller.

Article 7. Networking and procedures for submission of electronic reports

1.The headquarter of every credit institution (excluding any branch of foreign banks that is not the contact points of branches of the same banking system operating in Vietnam) shall have their network connected with the Information Technology Administration.

2.The Information Technology Administration shall have its information transmission network connected with affiliates of the State Bank to access to statistical reports of credit institutions archived in the statistical database system of the State Bank.

3.In case the people s credit fund is ineligible to have its information transmission network connected with the Information Technology Administration, the statistical report shall be integrated into an information carrier or made in paper and submit it to the branch of the State Bank of the province where the people s credit fund is headquartered. The State Bank of the province shall update and submit report data of the people’s credit fund to the State Bank under the guidance of the Information Technology Administration.

4.Where the data transmission system breaks down, the reporting unit shall submit its report to the State Bank through an information carrier in accordance with the following provisions:

a) The headquarter of every credit institution, hereinafter referred to as the headquarter, (excluding the people s credit fund branch of the foreign bank that is not the contact point of branches of the same system operating in Vietnam) shall submit such reports to the Information Technology Administration;

b) The people s credit fund shall submit its report to the Information Technology Administration via the State Bank of the province where its headquarter is situated.

Article 8. Report submissions

Written statistical reports shall be submitted in the following cases:

1.The statistical report is made using reporting forms stipulated in clause 2, Article 4 hereof.

2.The statistical report is made using reporting forms stipulated in Part 3, Appendix 1 hereof if the people’s credit fund is ineligible to have their network connected with the Information Technology Administration.

Article 9. Report information security

Statistical figures and relevant documents under the confidential list of the State shall be managed, used and transmitted in accordance with laws on State confidentiality.

Article 10. Reliability and validity of figures of statistical reports

Statistical figures must fully, timely and accurately reflect the operational status of the Credit Institution. Any modifications to reported figures or variation of figures of the reported period, the reporting unit shall submit a description of the statistical report to the recipient electrically or in writing.

Article 11. Reporting periods and time limit for report submission

1.Reporting periods:

a) Daily reporting periods shall be expressed as working days;

b) The 10-day reporting period (3 reporting periods/month) shall be divided as follows:
the first period : from 01^stto 10^thof the reported month; the second period : from 11 to 20^th; the third period : from 21^stto the reported month ended;

c)The 15-day reporting period (2 reporting periods/month) shall be divided as follows:
the first period: from 01^stto 15^thof the reported month; the second period : from 16^thto the reported month ended;

d) Monthly, quarterly, 6-month and annual reporting periods are expressed in calendar.

2.Time limits for report submission:

a) Daily reports: reporting units shall submit their daily reports by 14:00 of the working day after the reported day.

b) 10-day reports and 15-day reports: reporting units shall submit their reports within 02 working days after the last day of the reported period.

c) Monthly reports: reporting units shall submit their monthly reports by 12^thof the month after the reported month.

d) Quarterly reports: reporting units shall submit their quarterly reports not later than the first 18 days of the next quarter.

dd) 6-month reports: reporting units shall submit their 6-month reports not later than 20^thof the month following the reported month;

e) Yearly reports: reporting units shall submit their yearly reports by 20^thJanuary of the next year;

g) In case the reporting period of a reporting unit is different from that in above provisions, such reporting units shall follow specific requirements on the reporting form presented in part III, Appendix 1 hereof.

3.If the last day of the time limit for report submission falls on holidays, Tet Holidays or weekends, the submission day shall be the first following working day.

4.With regard to written reports, the date on the postmark of the post office where such reports are sent means the actual date of report submission. Where the report was submitted electrically, the date of report submission means the day on which transmission of the report to the Information Technology Administration is verified as successful.

5.In emergencies or surprise cases, the reporting unit shall submit its written report in facsimile. The official report shall be submitted in writing under clause 2, article 6 and 8 of this Circular thereafter. The actual submission date means the day on which the facsimile is sent.

Article 12. Procedures for inspection, processing and verification of electronic reporting forms

1.At the Information Technology Administration:

a) As soon as the Information Technology Administration receives electronic statistical reporting forms within the time limit for submission of statistical report specified in clause 2 and 3, article 11 hereof, the Information Technology Administration shall examine the name, data file structure and adequacy of the such forms transmitted by headquarters via the electronic report submission system. If the headquarter makes errors in the name or data file structure, absence or lack of electronic reporting forms or its branch’s reports, the Information Technology Administration shall notify such headquarter and State Bank of the province ( if the people s credit fund is ineligible to have their network connected with the Information Technology Administration) of such errors and request the headquarter of the credit institution to modify or complete the report and submit their correct and complete report to the State Bank;

b) As soon as the Information Technology Administration receives the inspection results from affiliates of the State Bank, the Information Technology Administration shall timely request the headquarter to correct and re-submit their report to the Information Technology Administration.

c) As soon as the Information Technology Administration receives re-submissions submitted by the headquarter, the Information Technology Administration shall request recipients to timely update figures through the electronic report submission system.

d) After 10 working days from the deadline for submission regulated in point c, d, dd, e and g of clause 2 and 3 of Article 11 hereof, the Information Technology Administration shall clock the electronic report submission system.

2.At affiliates of the State Bank ( except for Information Technology Administration):

a) After 05 working days from the deadline for submission regulated in point c, d, dd, e and g of clause 2 and 3 of Article 11 hereof, recipients shall verify the reliability and validity of reported figures for which they are responsible. If any errors are found, the recipient shall send the reporting unit a notice of inspection results of reported figures through the electronic report submission system and request the reporting unit to correct such errors;

b) Within 12 working days from the deadline for submission regulated in point c, d, dd, e and g of clause 2 and 3 of Article 11 hereof, the recipient shall process and verify all reporting forms within its administration and update them to the statistical database system of the State Bank.

c) After 02 working days from the day on which the electronic report submission system is locked by the Information Technology Administration as prescribed in point d, clause 1 hereof, Banking Supervision and Inspection Agencies and Departments shall consider unlocking the electronic report submission system to facilitate re-submission;

d) If time limit for report examination and verification is different from that specified hereinabove, relevant units and agencies shall follow specific requirements stated on reporting forms in Part II, Appendix 1 hereof.

3.At credit institutions:

Within 05 working days from the date of receipt of electronic notification of inspection, the headquarter shall timely, fully and accurately re-submit figures enclosed with their notes/footnotes to Information Technology Administration.

Article 13. Procedures for inspection of electronic reporting forms

1.At Banking Supervision and Inspection Agencies and Departments:

a) Within 02 working days from the deadline for submission stated on the written reporting form, the Banking Supervision and Inspection Agency and Department shall inspect the reliability and validity of such report. In case of absence or inaccuracy of reported figures, the Banking Supervision and Inspection Agency and Department shall request the reporting unit to correct and complete the report by phone or fax;

b) Within 01 working days from the date of receipt of such request, the reporting unit shall submit the complete report or correct figures to the Banking Supervision and Inspection Agency and Department;

2.At branches of the State Bank of provinces:

a) Within 02 working days from the deadline for submission stated on the written reporting form applicable to the People s Credit Fund, the branch of the State Bank of the province shall inspect the reliability and validity of such report within its province. In case of absence or inaccuracy of reported figures, the branch of the State Bank of the province shall request the People s Credit Fund to correct and complete the report by phone or fax;

b) After receipt of resubmission from the People s Credit Fund in writing, the branch of the State Bank of the province shall fully and accurately aggregate reported figures and submit them to Information Technology Administration via the electronic report submission system.

3.At People s Credit Funds:

Within 02 working days from the date of receipt of notification of inspection by phone or fax from the branch of the State Bank of the province, and Department; the People’s Credit Fund shall resubmit complete report or correct figures to the branch of the State Bank of the province.

Article 14. Reporting forms of non-incurred indicators

With regard to reporting forms regulated in Part III, Appendix 1 hereof, reporting units shall follows the guidance of Information Technology Administration.

Chapter II

RESPONSIBILITIES OF AFFILIATES OF THE STATE BANK AND CREDIT INSTITUTIONS FOR STATISTICAL REPORTS

Article 15. Responsibilities of Banking Supervision and Inspection Agencies, and Departments

1.Formulate reporting forms within their functions and responsibilities.

2.Formulate new reporting forms which are consistent with that of the Department of Monetary Statistics and Forecast in case of any request for amendment, supplement or issuance of new reporting within their functions and responsibilities. According to the necessity and viability of reporting forms needing amending, supplementing and issuing and the inspection, verification and application of reporting form conducted by Banking Supervision and Inspection Agencies and the Department of Monetary Statistics and Forecast shall cooperate with Information Technology Administration to request the State Bank to approve for issuance of new reporting forms .

3.Supervise, expedite, inspect and verify reported figures of the entire banking system of every credit institution.

4.Cooperate with the Department of Monetary Statistics and Forecast to provide training courses in making statistical reports and release guidelines on filling reporting forms.

5.Cooperate with the Department of Monetary Statistics and Forecast to instruct and timely reply issues related to the implementation of this Circular to reporting units within their responsibilities. In case the Governor of the State Bank has the Banking Supervision and Inspection Agencies instruct and explain issues within their profession and administration to reporting units, the Banking Supervision and Inspection Agencies shall concurrently submit instructional documents and explanations to the Department of Monetary Statistics and Forecast .

6.Supervise and expedite reporting units to submit their complete reports on due date; request the reporting unit to correct and resubmit their report in cases of incorrectness; cooperate with Information Technology Administration to inspect the submission through the electronic report submission system.

7.Prepare statistics of credit institutions that fail to submit or resubmit their reports by deadline and credit institutions that resubmit their reports on schedule to evaluate the observance of regulations on statistical reports promulgated hereof. Quarterly remark and assess the implementation of statistical report of reporting units within its administration and submit such statistics to the Department of Monetary Statistics and Forecast by the last working day of the first month of the following quarter.

8.Store and manage written statistical reports submitted by reporting units in accordance with current provisions of document reservation in banking sector.

9.Cooperate with the Department of Monetary Statistics and Forecast, Banking Supervision and Inspection Agencies and Departments of Internal Audit to inspect the implementation of this Circular by relevant units.

Article 16. Responsibilities Departments of Statistics and Forecast

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

1.Take charge of formulating and requesting the Governor of the State Bank to issue the Circular on statistical reports applying to credit institutions.

2.Update and request the contact point of affiliates of the State Bank to update on the portal of the State Bank.

3.Aggregate statistical reports and request the Governor of the State Bank to approve for the application of reporting forms; supplementation and changes in the right to apply verified statistical reporting forms of affiliates of the State Bank.

4.Receive written appeals for the implementation of this Circular, cooperate with relevant agencies to reply to such appeals; supervise relevant units appeal processing.

5.Be a contact point and cooperate with relevant units to instruct and inspect the implementation of this Circular; quarterly aggregate remarks and assessment of the implementation of this Circular and submit them to relevant units on behalf of the Governor of the State Bank.

6.Quarterly, make a list of credit institutions violating provisions of statistical reports prescribed in this Circular and submit it to Banking Supervision and Inspection Agencies and Departments.

7.Take charge of and cooperate with relevant units to formulate, store, preserve, provide and publish aggregate statistical figures under the provisions of laws and directions of the Governor of the State Bank .

Article 17. Responsibilities Information Technology Administration

1.Take charge of as a contact point to timely and fully receive and update electronic reporting forms on the electronic report submission system or information carriers. Request the reporting unit to rectify and resubmit its correct report in case of incorrect name, data file structure or technical indicators or in the absence of reporting forms; timely notify the reporting unit of its data file status. Correct errors in data transmission of the State Bank.

2.Develop and control the statistical database system of the State Bank; ensure the application of such data by affiliates of the State Bank.

3.Instruct affiliates of the State Bank to have their information transmission network connected and maintained.

4.Take charge of setting up the electronic report submission system, instruct and provide affiliates of the State Bank with training in application of informatics systems for transmission, inspection, use and aggregation of reporting forms.

5.Take charge of and cooperate with Department of Monetary Statistics and Forecast to research and develop informatics programs applied to statistical reporting, to establish procedures for data transmission, receipt and inspection of electronic reports through the electronic report submission system and to provide guidance on the implementation of this Circular.

6.Take charge of and cooperate with affiliates of the State Bank and credit institutions to resolve concerns and issues related to the electronic report submission system during the implementation of this Circular.

7.Provide guidelines on grant and management of passwords and digital signatures used for the electronic report submission system to reporting units.

8.Take charge of and cooperate with the Department of Monetary Statistics and Forecast and relevant agencies to provide guidelines on name, data file structure of a electronic report and instruct reporting units to formulate and submit their electronic reporting form under provisions of this Circular.

9.Establish a procedure for submission of electronic reports and instruct reporting unit to carry out such procedure if the data transmission system of the State Bank breaks down.

10.Inspect and verify the data file transmission transmitted by the reporting unit and send a notification of the verification result of data file transmission to the recipient in case the reporting unit has transmitted their data file; however, the recipient does not receive their submission through the electronic report submission system.

11.Timely and fully update reporting forms modified by the reporting unit at requests of the State Bank.

12.Record and make a backup of the log of receipt of reporting forms (hereinafter referred to as the log) submitted by reporting units. Quarterly, transmit the log of the previous quarter to affiliates of the State Bank through the electronic report submission system and notify of the implementation and observation of this Circular by reporting units by the first month ended of the following quarter.

13.Monthly, aggregate and notify results of verification, inspection and application of reporting forms of the previous month by Banking Supervision and Inspection Agencies and submit such results to Department of Monetary Statistics and Forecast.

Article 18. Responsibilities of Banking Supervision and Inspection Agencies

In addition to responsibilities specified in Article 15 hereof, Banking Supervision and Inspection Agencies shall:

1.Inspect and supervise the observance of this Circular by relevant entities and deal with violations against provisions of laws.

2.Timely and lawfully deal with credit institutions against provisions of laws after receipt of the list of such credit institutions from the Department of Monetary Statistics and Forecast stipulated in Article 16 hereof, and notify the Department of Monetary Statistics and Forecast of the result of violation handling.

Article 19. Responsibilities of branches of the State Bank of provinces

1.Expedite People’s Credit funds within the provinces to timely and fully submit their reporting formats; check the reliability and validity of figures reported by the People’s Credit fund whose headquarter is located in the province

2.Supervise, examine and verify reporting forms of branches of credit institutions whose headquarter is situated within the province.

3.Quarterly remark and assess the implementation of this Circular by People’s Credit Funds within the province and report to the State Bank (Department of Monetary Statistics and Forecast) by the last working day of the first month of the following quarter.

4.Directly contact with Banking Supervision and Inspection Agencies taking charge of formulating, supervising and aggregating reporting forms or submit the State Bank (Department of Monetary Statistics and Forecast) a written report on issues or concerns arising during the implementation of this Circular.

5.Inspect or examine the observation of this Circular by relevant entities within the province under the administration of the branch of the State Bank of the province.

Article 20. Responsibilities of credit institutions

1.The headquarters f each credit institution shall be the contact point taking charge of submitting reports and taking responsibility towards laws and the Governor of the State Bank for the adequacy and accuracy of aggregate figures of its entire banking system and specific figures of every branch of the credit institution in the system.

2.After receipt of the notification of inspection from the Information Technology Administration or discoveries of errors on the report that is submitted to the State Bank , the headquarter shall:

a) Timely rectify and resubmit the correct report to the State Bank;

b) Submit an explanation for causes of mistakes to the recipient. The scope and structure of the explanation shall comply with guidance of the Information Technology Administration.

3.Obey provisions of statistical reports regulated hereof. Any issues arising during the implementation of this Circular should be promptly reported to the State Bank. To be specified :

a) The headquarter (unless People’s Credit Funds and branches of foreign banks are contact points of their banking system operating in Vietnam) shall directly contact with the recipient stated on the reporting form presented in Part III, Appendix 1 hereof or submit and written report to the State Bank (Department of Monetary Statistics and Forecast);

b) The People s Credit Fund shall directly contact or submit a written report to the branch of the State Bank of the province where its headquarter is located.

Article 21. Application of reporting forms

1.Affiliates of the State Bank are allowed to apply reporting forms of which they are responsible for compilation, supervision, expedition, inspection, verification and aggregation.

2.Affiliates of the State Bank wishing to apply reporting forms under the administration of other affiliates of the State Bank shall submit a written enrollment to Department of Monetary Statistics and Forecast.

3.Entities eligible for application of reporting forms shall manage and apply the statistical data in the right manner and in accordance with provisions of laws on information security.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 22. Emulation and commendation

Excellent accomplishment and observance of the Circular is one of the criteria to be considered awarding titles and commendation under current provisions of laws.

Article 23. Handling of violations

Violations against provisions of this Circular shall be dealt with according to their nature and severity under current provisions of laws.

Article 24.Effect

1.This Circular takes effect on January 01, 2007 and replaces the Circular No. 31/2013/TT-NHNN on statistical reports applicable to affiliates of the State Bank and credit institutions, branches of foreign banks of the Governor of the State Bank dated December 13, 2013.

2.Chiefs of Office, Directors of Departments of Statistics and Forecast and Directors of affiliates of the State Bank, Chairpersons of the Executive Board, Chairpersons of the Board of members and General Directors (Directors) of credit institutions shall be responsible for the implementation of this Circular.

For the Governor

The Deputy Governor

Nguyen Thi Hong

APPENDIX 2

GUIDELINES ON COMPILATION OF STATISTICAL REPORTS
(Issued together with Circular No.35/2015/TT-NHNN dated December 31, 2015)

The scope of guidelines hereof shall apply to the statistics of reporting forms specified in Part III, Appendix 1 enclosed with this Circular. Application of reporting forms other than those in this Appendix shall follow requirements specified in the reporting form.

PART I

GENERAL PROVISIONS

1.Calculated unit: the calculated unit applicable to reporting indicators shall be specified in reporting forms regulated in Part II “reporting forms”, Appendix 1 enclosed with this Circular.

2.Foreign exchange rate applicable to statistical reports:

a. VND/USD: the interbank average exchange rate announced by the State Bank as at the last working day of the reporting period .

b. Exchange rate between VND and other currencies: the exchange rate announced by the General Director (Director) of the credit institution as at the last working day of the reported period.

c. Exchange rate between USD and other currencies: the exchange rate announced by the General Director (Director) of the credit institution as at the last working day of the reporting period .

3.Rules for rounding:

a. If the unit is million dong: the amount after the decimal mark that is greater than or equal to 500,000 dong shall be rounded up to 1,000,000 dong; the amount after the decimal mark smaller than 500,000 dong shall rounded down to 0 .

b. If the unit is billion dong: the amount after the decimal mark that is greater than or equal to 500 million dong shall be rounded up to 1 billion dong; the amount after the decimal mark smaller than 500 million dong shall be rounded down to 0.

c. If the unit is thousand USD: the amount after the decimal mark that is greater than or equal to 500 USD shall be rounded up ; the amount after the decimal mark smaller than 500 USD shall be rounded down to 0.

c. If the unit is million USD: the amount after the decimal mark that is greater than or equal to 500,000 USD shall be rounded up ; the amount after the decimal mark smaller than 500,000 USD shall be rounded down to 0.

PART II

INTERPRETATION OF TERMS

1.Short-term creditmeans credit granted to entities for a period of within 12 months.

2.Mid-term creditmeans a credit granted of a period of 12 up to 60 months.

3.Long-term creditmeans credit granted for a period longer than 60 months.

4.Credit extensionmeans an agreement allowing an organization or individual to use a sum of money or a commitment allowing the use of a sum of money on the repayment principle by such professional operations as lending, discount, rediscount financial leasing, factoring, bank guarantees and other credit extension operations.

5.Credit balancemeans the balance of credit granted by the following ways at a specific time:

Lending;

b) Discounts, re-discounts on negotiable instruments and other valuable papers ;

c) Finance leasing;

d) Factoring;

dd) Payments on behalf of borrowers, where such borrowers fail to make their payment on due date;

e) Credit extension activities approved by the State Bank.

6.Outstanding debtmeans all credit balances of debt groups 3, 4 and 5 classified in accordance with current provisions of the Governor of the State Bank.

7.Criteria for classification of SMEs:under Article 3 of Decree No.56/2009/ND-CP on assistance in developments of SMEs dated June 30, 2009 of the Government, SMEs specified in this Circular are business establishments that have business registrations and total capital in accordance with provisions of laws (total capital means total assets defined in the enterprise’s balance sheet). Guidance on division of industry level 1 into 3 sectors according to the total capital prescribed in the Appendix 4 hereof.

8.Residents and non-resident of Vietnam:

8.1. Residents of Vietnam include the following entities:

a) Credit institutions, branches of foreign banks that are incorporated and operating in Vietnam under the Law on credit institutions;

b) Economic organizations not being credit institutions that are incorporated and operating in Vietnam (hereinafter referred to as economic organizations);

c) State regulatory agencies, armed force units, political organizations, socio-political organizations, socio-political-occupational organizations, social organizations, social funds and charitable funds of Vietnam operating in Vietnam;

d) Overseas representative offices of organizations prescribed in point a, b and c of this clause;

dd) Diplomatic missions, consulates, representative offices of international organizations located in Vietnam;

e) Vietnamese citizens residing in Vietnam; Vietnamese citizens residing overseas within 12 months; Vietnamese citizens working for organizations mentioned in points d and dd of this clause and their followers;

g) Vietnamese citizens who travel, visit, receive or administer medical treatment or study abroad.

h) Foreigners who are permitted to stay in Vietnam for at least 12 months Expats who study, receive or administer medical treatment, travel or work for permanent diplomatic missions, consulates, representative offices of international organizations placed in Vietnam shall not be considered as residents;

i) Branches of foreign economic organizations placed in Vietnam, forms of commercial presence of foreign corporations participating in investment activities under laws on investment and executive offices of foreign contractors situated in Vietnam.

8.2. Non-residents of Vietnam include entities other than those specified in clause 8.1, Part 2 of this Appendix.

9.Value of valuable papermeans the face value of the valuable paper purchased or re-sold by a credit institution.

10.State-owned joint-stock commercial bankmeans every joint-stock commercial bank with at least 50% of their charter capital held by the State.

11.Non-credit institution meansevery organization not being a credit institution that is incorporated in Vietnam and provides at least one of the following activities: deposits, lending, discount or rediscount negotiable instruments and other valuable papers, financial leasing, bank guarantee and other ways of credit extension; foreign investment and foreign currency trading; payment services in accordance with laws of Vietnam; insurance brokerage and supply services; and security brokerage and trading. To be specified:

a) Deposit insurance of Vietnam;

b) Social insurance of Vietnam;

c) Development investment funds of provinces and central-affiliated cities;

d) Insurers;

e) Credit guarantee funds for SMEs;

g) Payment service providers (credit cards, payment cards, foreign exchange remittance cards, etc.);

h) Organizations granting amortized consumer loans, consumer loans and mortgages;

i) Companies providing factoring services;

k) Securities companies, and firms providing services of asset management and securities investment;

l) Others.

APPENDIX 3

STATISTICAL CODES APPLICABLE TO BANKING STATISTICS
(Promulgated together with the Circular No.35/2015/TT-NHNN dated December 31, 2015)

Table 01: VIETNAM STANDARD INDUSTRIAL CLASSIFICATION

Note:This table presents the industrial level 01. Credit institutions shall uniformly encode the industry classification up to level 5 . The scope of each classification shall be specified in the Decision No.337/QD-BKH on the scope of Vietnam’s system of business lines dated April 10, 2007 of the Minister of Planning and Investment.

Table 2: TYPES OF ORGANIZATIONS

Table 3. CLASSIFICATIONS OF CREDIT INSTITUTIONS

APPENDIX 4

GUIDANCE ON CLASSIFICATION OF TYPES OF ENTITIES AND SMEs
(Promulgated together with No.35/2015/TT-NHNN dated December 31, 2015)

1.Guidance on classification of types of entities:

This guidance is compiled in accordance with regulations of the Law on Enterprises (2014), Law on Investment (2014), Law on Cooperatives (2012) and Law on State enterprises (2003).

Enterprisemeans every business organization having its own name, assets and and registered headquarter carrying on businesses under Vietnam s Laws.

State-owned enterprisemeans every business organization whose wholly charter capital is held by the State, and operating in the form of state-owned company in accordance with the law on state-owned enterprises without changes in the business model.

1.2 Wholly state-owned one member limited company means every business enterprise whose wholly charter capital is held by the State.

1.3. Limited liability company of at least two members with above 50% of charter capital held by the State meansevery limited liability company of at least 01 member of which the State’s capital contribution occupies above 50% of the enterprise’s charter capital or the company is coordinated by the State.

1.4. Other limited liability company meansevery limited liability company other than those specified in points 1.2 and 1.3 hereof.

1.5. Joint-stock companymeans every enterprise where 50% of its share capital or the total voting shares is held by the State; or the company’s charter is governed by the State.

1.6 Other joint-stock companymeans every joint-stock company other than those specified in point 1.5 hereof.

1.7. Partnershipmeans every enterprise that satisfies the following requirements:

a) at least 02 partners who share ownership cooperate with each other to run a business under a mutual name (hereinafter referred to as partners); there may be capital contributors in a partnership;

b) Every partner shall be individuals and responsible for obligations of their partnership with all their own properties;

c) A capital contributor shall be responsible for losses or liabilities in the extent of his/her contributed capital.

1.8. Private enterprisemeans every enterprise undertaken by an individual under private ownership and this individual shall be responsible for all operation activities of his/her partnership with hi/her own properties;

1.9. Foreign-invested companiesmeans every enterprise that is established by foreign investors and operates in Vietnam; or Vietnamese companies that is merged, taken over or acquired by foreign investors.

1.10. Cooperatives, inter-cooperativesmeans those that are managed and registered under the Law on Cooperatives (2012).

1.11. Business households or individualsmeans every individual or household that does not participate in cooperatives established in accordance with the Law on Cooperatives and has not registered for the household business doing businesses in sectors of agricultural, forestry, and aquaculture products, industry—construction and services.

Credit extended to officers, students and overseas workers is included.

1.12. Public administrative service agencies, agencies of the Communist Party, unions and associationsmeans public service agencies, socio-political organizations, social-occupational organizations, schools, associations, etc.

1.13. Othersmean types of organizations other than those mentioned in points 1.1 through 1.12 of this Appendix.

2.Guidance on division of industry level 1 into 03 sectors: