Circular 21/2023/TT-NHNN amend Circulars related to trading activities under the management of State Bank of Vietnam

CIRCULAR

Amending and supplementing a number of articles of Circulars related to trading activities under the management of the State Bank of Vietnam

^{_____________________}

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, and the Law on Amending and Supplementing a Number of Articles of the Law on Credit Institutions dated November 20, 2017;

Pursuant to the Government's Decree No. 102/2022/ND-CP dated December 12, 2022, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

Pursuant to the Government’s Decree No. 09/2019/ND-CP dated January 24, 2019, prescribing reporting regimes applicable to state administrative agencies;

Pursuant to the Government’s Decree No. 45/2020/ND-CP dated April 8, 2020, on performance of administrative procedures in the electronic environment;

Pursuant to the Government’s Decree No. 42/2022/ND-CP dated June 24, 2022, on the provision of online information and public services by the State agencies in the cyber environment;

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

The Governor of the State Bank of Vietnam promulgates the Circular amending and supplementing a number of articles of Circulars related to trading activities under the management of the State Bank of Vietnam.

Article 1. Amending and supplementing Point b Clause 1 Article 10 of the Governor of the State Bank’s Circular No. 36/2012/TT-NHNN dated December 28, 2012, on equipment, management , operation and guarantee of the safety of the automatic trading machine (Circular No. 36/2012/TT-NHNN) (amended and supplemented under Clause 2 Article 1 of the Governor of the State Bank’s Circular No. 14/2019/TT-NHNN dated August 30, 2019, on amending and supplementing a number of articles in the Circulars providing regulations on the periodical reporting regime of the State Bank (Circular No. 14/2019/TT-NHNN)) as follows:

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

- Method of sending and receiving reports: Electronic reports shall be sent via the reporting system of State Bank.

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

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

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

Article 2. Amending and supplementing Article 9 of the Governor of the State Bank of Vietnam’s Circular No. 03/2014/TT-NHNN dated January 23, 2014, stipulating the regulations on Fund for ensuring the safety of the people's credit fund system (Circular No. 03/2014/TT-NHNN) (amended and supplemented under Clause 5 Article 1 of Circular No. 14/2019/TT-NHNN) as follows:

“Article 9. Reporting to the State management agencies

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

2. Annually, within 45 days after the end of a fiscal year, cooperative banks shall send reports to the State Bank as follows:

a) Reports on the operation situation and annual fiscal statement of previous year of the Preservation Fund, made according to Form No. 01 issued with this Circular;

b) Reports on the results of internal supervision and audit of the cooperative banks’ supervisory boards on the operation situation and financial results of the Preservation Fund, made according to Form No. 02 issued with this Circular.

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

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

Article 3. Amending and supplementing a number of articles of the Governor of the State Bank’s Circular No. 12/2022/TT-NHNN dated September 30, 2022, guiding foreign exchange management for foreign loan borrowing and repayment by enterprises

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

“1. A borrower shall send 1 dossier for performance of administrative procedures as specified in this Circular by:

a) Hand-delivering the dossier at the State Bank’s Single-Window Section; or,

b) Sending the dossier via postal service; or,

c) Submitting the dossier online via the National Public Service Portal or the State Bank’s Public Service Portal (applicable to registration procedures and grant of login accounts for users being borrowers specified in Article 10 of this Circular).”

2. To amend and supplement Clause 3 Article 10 as follows:

“3. Registration and grant of login accounts for users being borrowers:

a) The user shall fill information in:

 - An e-declaration of request for grant of a login account according to instructions on the Website, print out the declaration from the Website, sign and seal on the declaration (applicable to borrowers who do not choose to submit online via the National Public Service Portal or the State Bank's Public Service Portal); or

- An e-declaration of request for grant of a login account on the National Public Service Portal or the State Bank's Public Service Portal (applicable to borrowers who choose to submit online on the National Public Service Portal or the State Bank's Public Service Portal).

b) The user shall send the declaration specified at Point a of this Clause via postal service or hand-deliver it at the Single-Window Section of State Bank branches of provinces, cities where the borrower is headquartered; or submit online via the National Public Service Portal or the State Bank's Public Service Portal;

c) Within 3 working days after receiving the user’s declaration of request for grant of a login account with complete and valid information, a competent agency specified at Point a Clause 5 of this Article shall approve and grant a login account via the user-registered email address. In case of refusing to grant a login account, the competent agency shall send an online response on the National Public Service Portal or the State Bank's Public Service Portal or a response to the user-registered email address (in cases borrowers do not use the online submission method on the National Public Service Portal or the State Bank's Public Service Portal), clearly stating the reason for refusal.

Article 4. Replacing a number of forms in reporting regimes

1. To replace Form No. 4, Form No. 5 promulgated together with Circular No. 36/2012/TT-NHNN (amended and supplemented under Circular No. 14/2019/TT-NHNN) with Form No. 4, Form No. 5 in Appendix No. 01 to this Circular.

2. To replace Form No. 01, Form No. 02 promulgated together with Circular No. 03/2014/TT-NHNN (amended and supplemented under Clause 3 Article 2 of Circular No. 14/2019/TT-NHNN) with Form No. 01 in Appendix No. 02 to this Circular; to replace Form No. 03 promulgated together with Circular No. 03/2014/TT-NHNN (amended and supplemented under Clause 3 Article 2 of Circular No. 14/2019/TT-NHNN) with Form. 02 in Appendix No. 02 to this Circular.

Article 5. Implementation responsibilities

Chief Officer, heads of affiliates of the State Bank, credit institutions, foreign bank branches, enterprises, cooperatives, cooperative unions, payment service providers shall implement this Circular.

Article 6. Implementation provisions

1. This Circular takes effect from July 1, 2024, except for the provision in Clause 2 of this Article.

2. The provision in Article 3 of this Circular takes effect from July 1, 2025.

3. This Circular annuls Clause 5 Article 1 and Clause 3 Article 2 of Circular No. 14/2019/TT-NHNN./.