Decision No. 987/2001/QD-NHNN dated August 2, 2001 of the State Bank of VIetnam promulgating the Regulation on management, supply, exploitation and use of electronic credit information

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT, SUPPLY, EXPLOITATION AND USE OF ELECTRONIC CREDIT INFORMATION

THE STATE BANK GOVERNOR

Pursuant to December 12, 1997 Vietnam State Bank Law No.01/1997/QH10 and Credit Institutions Law No.02/1997/QH10;

Pursuant to the Government’s Decree No.15/CP of March 2, 1993 on the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;

At the proposal of the director of the Credit Information Center,

DECIDES:

Article 1.-To promulgate together with this Decision the Regulation on management, supply, exploitation and use of electronic credit information.

Article 2.-This Decision takes effect 15 days after its signing.

Article 3.-The director of the Office, the director of the Credit Information Center, the heads of the units, of the State Bank, the directors of the provincial/municipal State Bank branches, the managing board chairmen and general directors (directors) of credit institutions and the concerned organizations and individuals shall have to implement this Decision.

REGULATION

ON MANAGEMENT, SUPPLY, EXPLOITATION AND USE OF ELECTRONIC CREDIT INFORMATION
(Promulgated together with the State Bank Governor’s Decision No. 987/2001/QD-NHNN of August 2, 2001)

Chapter I

GENERAL PROVISIONS

Article 1.-Governing scope

This Regulation governs activities of managing, supplying, exploiting and using electronic credit information, with a view to ensuring safety for the credit information system in the banking service, serving the State Bank’s managerial work, and preventing and mitigating business risks of credit institutions.

Article 2.-Interpretation of terms

In this Decision, the following terms and expressions shall be construed as follows:

1. Electronic credit information means credit information formulated, supplied, exploited and used through the website of the State Bank’s Credit Information Center.

2. Management of electronic credit information means the supervision and delegation of rights in the processes of gathering, processing, storing, supplying, exploiting and using electronic credit information.

3. Supply of electronic credit information means the creation and transfer of electronic credit information to units that exploit and use them.

4. Exploitation and use of electronic credit information means the access to electronic credit information for referring to, reading, watching, printing and receiving electronic credit information according to the exploitation and use right.

5. Delegation of rights means the determination, distribution and vesting of rights to perform works corresponding to the responsibility of each unit or individual for gathering, processing, storing, supplying, exploiting and using electronic credit information.

Article 3.-Objects of application

1. The State Bank of Vietnam;

2. Credit institutions established under the Law on Credit Institutions;

3. Other organizations permitted to exploit electronic credit information.

Article 4.-Electronic credit information products

1. News page on reports supplied to the leadership, departments, bureaus and units of the State Bank;

2. News page on customers having credit relationship with credit institutions; early warning information;

3. News page on reports analyzing, evaluating and grading enterprises;

4. News page on information related to monetary trading and banking services, obtained from information sources at home and abroad;

5. News page on foreign enterprises having economic cooperation relationship with Vietnam;

6. News page for credit information operation propagation and instructions;

7. News page on operation of the credit information system.

Chapter II

MANAGEMENT AND SUPPLY OF ELECTRONIC CREDIT INFORMATION

Article 5.-The Credit Information Center of the State Bank

1. Responsibilities:

a/ To act as a coordinator, organize and coordinate with the concerned units in designing and formulating a website of electronic credit information and corresponding technical professional processes;

b/ To manage and operate servers and network equipment installed at the Credit Information Center;

c/ To delegate rights to organizations and individuals that conduct activities of gathering, processing, storing, supplying, exploiting and using electronic credit information;

d/ To grant and hand over the right to access to the electronic credit information network in writing (tickets of registration and hand-over of the right to access to the electronic credit information network) to the units that have registered for exploitation and use, within 5 working days after receiving valid registration tickets;

e/ To control the access to, supply, exploitation and use of electronic credit information;

f/ To update and supply information in a prompt, comprehensive, truthful and accurate manner if the technical conditions permit, and raise the reliability of electronic credit information.

2. Power:

a/ To temporarily suspend or stop the access to the electronic credit information network by users who violate the provisions of this Regulation, after notifying such to the organizations that have registered for exploitation and use;

b/ To request the State Bank Governor to handle organizations violating the provisions of this Regulation;

c/ To be entitled to collect the information-providing service charge according to Article 9 of this Regulation.

Article 6.-The intermediary units to supply electronic credit information

1. Targeted objects:

a/ The State Bank’s branches, credit institutions with more than 10 exploiting and using units, such as: Head offices, transaction bureaus, grade-1 branches and units attached to credit institutions, which wish to make direct access and regular exploitation and use of electronic credit information, shall be allowed to install intermediary servers to perform the task of intermediary suppliers of electronic credit information.

b/ The State Bank’s branches which fail to meet the conditions specified at Point a above shall directly exploit the website of the Credit Information Center and act as intermediary units to supply electronic credit information, through their existing facilities, to the exploiting and using units in the localities.

2. Responsibilities:

a/ To manage and operate servers, equipment and networks related to the supply, exploitation and use of electronic credit information they are in charge of;

b/ To dispose enough personnel who are fully capable and possessed of moral qualities and sense of responsibility to fulfill the professional and technical requirements, thus ensuring the supply, exploitation and use of electronic credit information they are in charge of;

c/ To follow strictly the technical process instructed by the Credit Information Center;

d/ To be responsible for managing and supervising the exploitation and use of electronic credit information they supply;

e/ To supply electronic credit information according to their authorized competence and to the right exploiters and users;

f/ To control the access to and exploitation of electronic credit information by the exploiting and using parties. Upon detecting errors or violations, they shall have to promptly report such to the Credit Information Center for handling.

3. Power:

a/ To supply electronic credit information to the organizations which have registered for exploitation and use;

b/ To temporarily suspend the access to the electronic credit information network within the supplying units by the exploiters and users that violate this Regulation;

c/ To request the Credit Information Center to suspend the access to the electronic credit information network within the supplying units by the exploiters and users that violate this Regulation;

Chapter III

EXPLOITATION AND USE OF ELECTRONIC CREDIT INFORMATION

Article 7.-Registration for exploitation and use of electronic credit information

1. All the units attached to the State Bank, including: the departments, bureaus, representative offices and public-service units can register for exploitation and use of electronic credit information products related to their respective functions and tasks prescribed in Clause 1, Article 4 of this Regulation.

2. The State Bank’s branches are entitled to register for exploitation and use of electronic credit information products specified in Clauses 2, 3, 4 and 5, Article 4 of this Regulation.

3. The units of the credit institutions, including their head offices, transaction bureaus, branches and attached units shall have to register for exploitation and use of electronic credit information products specified in Clauses 2, 3, 4 and 5, Article 4 of this Regulation.

4. Other organizations shall only be allowed to register for exploitation and use of electronic credit information products specified in Clauses 3, 4 and 5, Article 4 of this Regulation.

5. All the units, which have already been granted the right to access to the electronic credit information network, are entitled to exploit and use electronic credit information products specified in Clauses 6 and 7, Article 4 of this Regulation without having to make registration.

Article 8.-Conditions, responsibilities and rights of the units and persons that exploit and use electronic credit information

1. Conditions:

a/ Having machines and equipment fully capable of exploiting and using electronic credit information;

b/ Having clear electronic credit information exploiting and using requirements and purposes;

c/ Having made exploitation and use registration tickets at their heads’ requests according to the form set by the Credit Information Center;

d/ Being granted the right to access to the electronic credit information network by the Credit Information Center.

2. Responsibilities:

a/ For units exploiting and using electronic credit information

- To register persons who shall directly exploit and use electronic credit information according to tickets of registration and hand-over of right to access to the electronic credit information network of the Credit Information Center;

- To manage persons who directly exploit and use electronic credit information they have registered;

- To manage contents of the already exploited credit information products;

- To bear all responsibilities for the errors and violations committed by electronic credit information exploiters and users they have registered;

- To pay in full and on time charges for charged credit information products they have registered for exploitation and use.

b/ For exploiting and using persons

- Not to disclose addresses and passwords for access to the electronic credit information network they are assigned to manage and use;

- To make access to the network at the right addresses, within the vested power and with the right passwords, in order to protect safety of the network;

- To be entitled to exploit and use only electronic credit information within their vested competence.

3. Power:

a/ To request the Credit Information Center to guide and settle problems arising in the exploitation and use of electronic credit information;

b/ To request the Credit Information Center to promptly and truthfully supply electronic credit information products strictly according to the handed-over registration.

Article 9.-Information service charge applicable to the exploitation and use of credit information

1. The annual charge shall be applicable to credit institutions registering for exploitation and use of electronic credit information products specified in Clause 2, Article 4 of this Regulation.

2. Charge on each time of exploitation or use shall be applicable to units when they exploit and use electronic credit information products specified in Clause 3, 4 and 5, Article 4 of this Regulation.

3. Charges shall not be levied on electronic credit information products specified in Clauses 1, 6 and 7, Article 4 of this Regulation.

4. The credit information service charge table shall be applicable to each period as prescribed by the State Bank Governor.

Chapter IV

HANDLING OF VIOLATIONS

Article 10.-Organizations and individuals that commit acts of using or taking advantage of others’ passwords, sabotage acts or acts of violating the provisions of this Regulation with a view to supplying, exploiting and/or using electronic credit information for wrong purposes and/or to wrong objects shall, depending on the seriousness of their violations, be handled as follows:

1. Being temporarily suspended from the access to the electronic credit information network;

2. Being stopped from making access to the electronic credit information network;

3. Being administratively sanctioned or examined for penal liability.

Chapter V

IMPLEMENTATION PROVISIONS

Article 11.-The amendment and/or supplement to this Regulation shall be decided by the State Bank Governor.