Thông tư 02/2001/TT-NHNN

CIRCULAR

PROVIDING GUIDANCE ON IMPLEMENTATION OF THE DECREE NO. 70/2000/ND-CP DATED 21 NOVEMBER 2000 OF THE GOVERNMENT ON THE MAINTENANCE OF THE CONFIDENTIALITY, KEEPING AND PROVISION OF INFORMATION RELATING TO DEPOSITS AND ASSETS PLEDGED BY CUSTOMERS

Pursuant to paragraph 1 Article 11 of Decree No. 70/2000/ND-CP dated 21 November 2000 on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers, the Governor of the State Bank provide guidance on this Decree as follows:

I. GENERAL PROVISIONS

1. Subject and scope of application

This circular shall provide guidance on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers at the credit institutions and organizations which are not a credit institution but permitted to perform some banking activities.

The scope of application of this circular shall be the credit institutions and organizations which are not a credit institution but permitted to perform some banking activities (generally referred to as organizations in this Circular) in accordance with provisions of the Law on Credit Institutions and other individuals, organizations in connection with the provisions and use of information relating to deposits and assets pledged by customers.

II. detailed PROVISIONS

2. Provision of information

2.1 Officers and staff of organization accepting deposits and assets of customers shall only provide information relating to deposits and assets pledged by customers to subjects stipulated at Articles 5 and 6 of Decree No. 70/2000/ND-CP dated 21 November 2000 of the Government on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers.

2.2 The provision of information relating to deposits and assets of customers must comply with the following provisions:

a. The provision of information relating to deposits and assets pledged by customers upon request by customers themselves shall be performed in accordance with the guidance of each organization which accepts deposits and assets of customers.

Organization accepting deposits and assets of customers shall not be entitled to provide information relating to deposits and assets of customers if the request is made via telephone.

b. In respect of provision of information relating to deposits and assets pledged by customers upon request of a person authorized by customers: an authorization letter must be presented in case the authorization is made in accordance with the provisions of applicable laws, request for information must be consistent with the content of the authorization and shall be made in writing, and state clearly necessary information relating to deposits and assets of customers and be consistent with regulations, rules of the organization accepting deposits and assets of customers.

c. The provision of information relating to deposits and assets pledged by customers for the internal activity of organizations accepting deposits and assets of customers shall be performed in accordance with the decisions/regulations issued by General Directors (Directors) of organizations which accept deposits and assets of customers.

d. In respect of provision of information relating to deposits and assets pledged by customers upon request by subjects stipulated at paragraph 3, 4 of Articles 5 and 6 of Decree No. 70/2000/ND-CP dated 21 November 2000 of the Government on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers: request for information shall be made in writing. The written request on provision of information relating to deposits and assets pledged by customers must contain following details:

- Reasons for the provision of information;

- Information to be provided (state the type of information and name of customer);

- Time limit for the provision of information;

- Place of provision of information;

- Purpose of using information;

- Documents relating to the work which are inspected, investigated (such as Decision on the inspection; Decision on the prosecution of a crime, a convicted person; documents proving the relation between the inspection, investigation and customers.

The document requesting for information shall be signed by a competent person stipulated in paragraph 4 Article 5 or point a paragraph 2 Article 6 of Decree No. 70/2000/ND-CP dated 21 November 2000 of the Government on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers.

2.3 Organizations accepting deposits and assets pledged by customers shall be responsible to provide information and comply with procedures of providing information relating to deposits and assets pledged by customers when they receive a regular request. The information relating to deposits and assets pledged by customers which is provided must be accurately, truly and to the right subjects.

2.4 In the case transactions on deposits and assets between customers and organizations accepting deposits and assets pledged by customers are performed via the computer network, organizations accepting deposits and assets of customers shall not provide the code for receiving deposit information and transaction via computer network to any other subjects except to that customers (or persons legally authorized by customers).

3. Procedure of information provision

3.1 Studying, copying of data relating to deposits and assets pledged by customers shall be decided upon by the General Director (Director) or the persons authorized by the General Director (Director) of an organization that has these data.

3.2 The provision of information relating to deposits and assets pledged by customers to subjects as stipulated in Articles 5 and 6 of Decree No. 70/2000/ND-CP dated 21 November 2000 of the Government on the maintenance of the confidentiality, keeping and provision of information relating to deposits and assets pledged by customers shall be made in a Minute on provision of information and in compliance with the State regime on the confidentiality. The Minute on provision of information shall state the following details:

- Time of provision of information;

- Place of provision of information;

- Detailed content of the provided information;

- Scope of using the provided information;

- The representative of the providing party and information receiving party;

- Participants in the provision of information and receiving information;

- Witness (if any).

Minutes on provision of information shall be made in 2 copies, the providing party and receiving party, shall keep 1 copy each.

4. The keeping and maintenance of information

Documents on providing and receiving information relating to deposits and assets pledged by customers shall be kept and maintained in accordance with the current State regime on the keeping and maintenance. The Documents to be kept in archive shall include:

- Request for provision of information;

- Minute on the provision of information;

- Other documents relating to provision and receipt of information.

5. Dealing with violations

5.1 If the providing party reveals intentionally the information to outsiders, provides information to wrong subjects, or fails to comply with the provisions stipulated at Article 2 of this Circular; the receiving party leaks the information to outsiders, or uses information relating to deposit, asset pledged by customers for wrong purposes, they shall, depending on the nature and seriousness of the violation, be subject to disciplinary sanction, administrative treatment or prosecution for criminal liability, and must compensate for any damage caused in accordance with provisions of applicable laws.

5.2 Organizations, individuals shall comply with provisions on the keeping and maintenance of information relating to deposits and assets pledged by customers stipulated in this Circular and other provisions of applicable laws.

5.3 In case the information relating to deposits and assets pledged by customers or codes for receiving information and transaction of customers via computer network is leaked to outsiders in following cases, depending on the nature and seriousness of the violation, disciplinary sanction, administrative treatment or prosecution for criminal liability, shall be applicable; in case of damages compensation shall be made in accordance with provisions of applicable laws:

- Any organization or individual uses the code of receiving deposit information and transaction of customers via computer network without permission of customers.

- Organizations or individuals of organizations accepting deposits and assets pledged by customers disclose information to outsides.

- Organizations or individuals that receive information from the organization accepting deposits and assets pledged by customers disclose information to outsiders.

5.4 The General Director (Director) or individuals of a organization accepting deposits and assets pledged by customers that have committed acts of intentional concealment of deposits and assets pledged by customers with signs of illegal transactions, shall, depending on the nature and seriousness of the violation, be subject to disciplinary sanction, administrative treatment or prosecuted for criminal liability.

III. IMPLEMENTING PROVISIONS

6. Effectiveness

This Circular shall be effective after 15 days from the date of signing.

7. Implementing provision

The Chairman of the Board of Directors, the General Director (Director) of credit institutions, organization which are not a credit institution but permitted to perform some banking activities shall be responsible to issue detailed regulations for the implementation of this Circular.

Heads of relevant units of the State Bank Head-office, General Managers of the State Bank branches in provinces, cities under the central government's management shall be responsible for the inspection of the implementation of this Circular.