Quyết định 23/2007/QD-NHNN

DECISION

ON THE ISSUANCE OF THE REGULATION ON THE SYSTEM OF BANKING CODES USED IN BANKING ACTIVITY AND OPERATIONS

THE GOVERNOR OF THE STATE BANK

- Pursuant to the Law on the State Bank of Vietnam issued in 1997 and the Law on the amendment, supplement of several articles of the Law on the State Bank of Vietnam issued in 2003;
- Pursuant to the Law on Credit Institutions issued in 1997 and the Law on the amendment, supplement of several articles of the Law on Credit Institutions issued in 2004;
- Pursuant to the Decree No.52/2003/ND-CP dated 19/5/2003 of the Government providing for the function, assignment, authority and organizational structure of the State Bank of Vietnam;
Upon the proposal of the Director of the Banking Informatics Technology Department,

DECIDES:

Article 1. To issue in conjunction with this Decision the Regulation on the system of banking codes used in banking activity and operations.

Article 2. This Decision shall be effective from 01/01/2008 and replace the Decision No.02/2006/QD-NHNN dated 18/01/2006 of the Governor of the State Bank on the issuance of the Regulation on the system of banking codes used in payment transactions through the State Bank and the regulation on the issuance of codes of reporting units provided for in Paragraph 4 Article 16 of the statistic reporting Regime applicable to units of the State Bank and Credit Institutions issued in conjunction with the Decision No.477/2004/QD-NHNN dated 28/4/2004 of the Governor of the State Bank shall be repealed.

Decisions on the amendment, supplement, repeal of the banking codes issued in conjunction with the Decision No. 02/2006/QD-NHNN dated 18/01/2006 of the Governor of the State Bank providing for the banking codes used in payment transactions through the State Bank shall cease their effectiveness from 01/01/2008.

Article 3. The Director of the Administrative Department, the Director of the Banking Informatics Technology Department, Head of units of the State Bank, General Manager of the State Bank branch in provinces, cities under the Central Governments management; Chairperson of the Board of Directors, General Director (Director) of Credit Institutions, State Treasury and other organizations engaging in banking activity shall be responsible for the implementation of this Decision.

REGULATION

ON THE SYSTEM OF BANKING CODES USED IN BANKING ACTIVITY AND OPERATIONS
(Issued in conjunction with the Decision No. 23/2007/QD-NHNN dated 05/06/2006 of the Governor of the State Bank)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. This Decision provides for the composition, procedures, subjects to be granted, managed and entitled to use banking codes.

2. Banking codes which are consistently used in activities, operations of the State Bank include:

a. Internal activities of the State Bank;

b. Activities, operations performed through the State Bank of credit institutions, State Treasury and other organizations engaging in banking activities.

3. Credit Institutions shall spontaneously select and use the banking codes in their internal operational activities or inter-bank operations among credit institutions.

Article 2. Interpretation

In this Regulation, following terms shall be construed as follows:

1. Banking code is a chain of characters which is stipulated under a unified principle and determined to be unique for each subject to be granted the banking code.

2. Banking information is some basic information about the subject to be granted with a code, which is closely related to the banking code and supplies some more attributes which are not clearly shown by the banking code.

3. Internal activities of the State Bank shall be the activities within the scope of a unit or among units of the State Bank.

4. Activities, operations performed through the State Bank shall be the activities, operations of credit institutions, State Treasury and other organizations performing banking activities through the State Bank, including:

a. Payment activity through the account: deposit, clearing payment, inter-bank payment;

b. Operation of bills, bonds auction and open market operation;

c. Statistic reporting activity;

d. Credit information activity;

dd. Information about the prevention from, combating against money laundering;

e. Other activities, operations in accordance with provisions of the State Bank.

Article 3. Principles of granting banking code

1. Banking code shall be uniquely granted to each unit which is the subject to be granted with a banking code as provided for in Article 4 of this Regulation.

2. Banking code shall not be changed and kept stable during the real existence of the granted unit.

3. The banking code that has been granted to a unit shall not be used for other.

Article 4. Subjects to be granted with Banking code

1. Units of the State Bank, including: Departments of the State Bank; units, enterprises under the direct management and State Bank branches in provinces, cities under the Central Governments management.

2. Head Office, transaction department, branch, representative office and other subsidiary units of Credit Institutions, State Treasury and other organizations engaging in the banking activity in accordance with the Law on Credit Institutions, which participate in activities, operations through the State Bank.

Chapter II

SPECIFIC PROVISIONS

Article 5. Composition of a Banking code

A Banking code consists of 8 characters and is divided into 3 groups as follows:

1. Group 1 includes 2 first characters on the left, which stand for the code of province, city under the central Government's management.

2. Group 2 includes 3 characters succeeding group 1, which stand for the code of bank system.

3. Group 3 includes 3 final characters, which stand for the ordinal number of each bank system in specific province, city under the Central Governments management.

Article 6. Banking information

1. Banking information of the subject to be granted with a banking code shall include:

a. Trading name;

b. Address, telephone number, fax number for contact;

c. Establishment license (for units which are required to have license);

d. Type of bank (for bank);

dd. Level (head office, transaction department, branch or other subsidiary units);

e. List of activities, operations performed through the State Bank;

g. Other information that the State Bank is entitled to disclose in accordance with provisions of applicable laws.

2. Banking information shall exist in connection with the banking code of the granted subject and shall disappear where the banking code thereof is cancelled.

Article 7. Managing, giving notice of the banking information

1. The management responsibility to the banking information of the subject to be granted with a banking code (except for the information as provided for in point e, Paragraph 1 Article 6 of this Regulation) shall be as follows:

a. Director of the Personnel and Organization Department of the State Bank shall be responsible for managing units of the State Bank.

b. General Director (Director) of the Credit Institutions, other organizations engaging in banking activity shall be responsible for managing the head office, transaction department, branches and other subsidiary units of those organizations.

c. General Manager of the State Treasury shall be responsible for managing the head office and branches of the State Treasury.

d. Managers of State Bank branches in provinces, cities under the Central Governments management shall be responsible for managing the local Peoples credit funds located in the area of province, city where the State Bank branch is located.

2. Individual who is assigned to manage the banking information shall be responsible for following up any change of the granted subjects, such as: new establishment, merger, integration, splitting, separation, acquisition, transformation of operation model, dissolution, bankruptcy, termination of operation and other changes. All the changes should be timely reported to the Banking Informatics Technology Department within a provided time.

Article 8. Managing, informing the list of units engaging in the activities, operations through the State Bank

Head of units or leader of the organizations of the State Bank who is assigned to be a coordinator in the organization, management to the operations through the State Bank shall be responsible for timely informing the entire list of units of the State Bank, credit institutions, State Treasury and other organizations engaging in operations which they manage (the first time) and any change in that list to the Banking Informatics Technology Department within the provided time.

Article 9. Procedures for new issuance or cancellation of a Banking code, banking information

1. The new issuance or cancellation of a banking code, banking information shall be performed when subject to be granted a banking code has experienced such changes as: new establishment, acquisition, integration, merger, splitting, separation, transformation of operation model, dissolution, bankruptcy, termination of operation and other changes, which require the new issuance or cancellation of a Banking code and banking information accordingly.

2. Within a period of 10 working days since the time when the granted subject is newly established or experiences changes which require the cancellation of the banking code, the person who is assigned to manage the banking information shall prepare a written application for the new issuance or cancellation of the banking code and send to the Banking Informatics Technology Department enclosed with a file set of the subject to be granted the banking code, including:

a. A decision by the agency in charge, on the establishment, integration, merger, spliting, separation, transformation of operation model or dissolution, termination of operation;

b. A decision of the State Bank on the new establishment; a written approval by the State Bank to the integration, merger, spliting, separation, acquisition, transformation of operation model or dissolution, termination of operation (to the organizations subject to the management of the State Bank)

c. A decision on the declaration of bankruptcy by the court in the event where the organization is declared bankruptcy;

d. Banking information (except for the information as provided for in point e, Paragraph 1, Article 6 of this Regulation).

3. Within a period of 5 working days from the sufficient receipt of valid file, the Director of the Banking Informatics Technology Department shall be responsible for:

a. Performing the new issuance or cancellation of the banking code, banking information in accordance with this Decision;

b. Giving notice in accordance with provisions in Article 11 of this Regulation.

4. Upon the receipt of the notice of new occurrence, cancellation of the banking code, banking information from the Banking Informatics Technology Department, the person who is assigned to manage the banking information of the granted subject within a period of 05 working days, shall inform all the received changes in the entire system of his/her organization. Except for the system of the State Bank, the Banking Informatics Technology Department shall be responsible for informing units of the State Bank.

Article 10. Procedures for the adjustment of banking information

1. Banking information shall be adjusted where the granted subject has any change in banking information which does not require the cancellation of the banking code.

2. Within a period of 05 working days since the time where the granted subject experiences the changes in banking information, the individual, who, or organization, which is assigned to manage the banking information as provided for in Article 7 and Article 8 of this Regulation, shall prepare a written application for the changes in banking information and send to the Banking Informatics Technology Department.

3. Within a period of 05 working days since the receipt of the valid written application for changes in banking information, the Director of the Banking Informatics Technology Department shall be responsible for changing the banking information on the website of the State Bank and giving notice in accordance with provisions in Article 11 of this Regulation.

Article 11. Informing the banking code and banking information

1. Banking codes and banking information shall be publicly announced on the website of the State Bank.

2. The State Bank shall inform changes in banking code, banking information via the computer network to the units of the State Bank and Head offices of the subjects to be granted with a banking code.

Article 12. Director of the Banking Informatics Technology Department shall be responsible for:

1. Managing the database of the banking codes, banking information.

2. Following up, supervising, inspecting the compliance with this Regulation.

3. Providing the guidance on the sending, receipt of electronic documents which are subject to this Regulation via the computer network.