Quyết định 45/2007/QD-NHNN

DECISION

ON THE CONFIDENTIALITY OF EACH TYPE OF DOCUMENT, MATERIALS CONTAINING STATE SECRET IN BANKING AREA

THE GOVERNOR OF THE STATE BANK OF VIETNAM

- 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 Ordinance No. 30/2000/PL-UBTVQH10 dated 28/12/2000 of the National Assemblys Standing Committee on preservation of State secret;
- Pursuant to the Decree No. 52/2003/ND-CP dated 19/5/2003 of the Government on the functions, assignments, authorities and organizational structure of the State Bank of Vietnam;
- Pursuant to the Decree No. 33/2002/ND-CP of the Government providing in details for the implementation of the Ordinance on preservation of State secret;
- Pursuant to the Decision No. 15/2003/QD-TTg dated 20/01/2003 of the Prime Minister on the list of State secret at Strictly Confidential level and Top Secret level in Banking industry;
- Pursuant to the Decision No. 151/2003/QD-BCA (A11) dated 11/3/2003 of the Minister of Public Security on the list of State secret at Confidential level in Banking industry;
Upon the proposal of the Director of Administrative Department,

DECIDES:

Article 1. Subjects and scope of governing:

This Decision provides for the confidentiality of each type of document, material containing State secrets in Banking industry drafted, issued, designed, built up, received and processed by units of the State Bank, the National Money Printing Factory, credit institutions, payment service suppliers and other organizations engaging in banking area.

Article 2. Principles of determining the confidential level in some cases:

1. For documents, materials carrying State secrets which contain information of various confidential levels, the confidential level of such documents, materials containing State secrets shall be determined under the confidential level of the information with the highest confidentiality.

2. For documents, materials containing State secrets which have not been disclosed yet, unit in charge of determining confidential level must clearly state the line: undisclosed yet on such documents, materials containing State secrets.

Article 3. Documents, materials containing State secrets in Banking area classified as Strictly Confidential include:

1. Projects and plans on issuing cash, which have not yet been disclosed, into circulation.

2. Annual plans and implementation of money issuance and supply.

3. Currency-conversion schemes and plans as well as currency collection and exchange results, which have not yet been disclosed.

4. Schemes, projects and plans on designing and making new currency specimens.

5. Approved model designs, original printing plates (original engraved plates, original films), experimentally printed specimens, experimentally minted specimens, technical parameters, safety lock of each money specimen and valuable papers like money;

6. Undisclosed documents of anti-counterfeit elements, technical parameters of Vietnamese currency, valuable papers like money.

Article 4. Documents, materials containing State secrets in Banking area classified as Top secret include:

1. Document on quantity of printed, minted and issued notes and coins;

2. Plans on transferring money, schedule, telegraph on the transport of money, precious assets and valuable papers (date, time of starting, place of departure, destination, route, type of vehicles, quantity, value, type of asset);

3. Fund books, accounting books about Reserve Fund for issuance;

4. Statements of Central money warehouse;

5. Statistic report, inventory minutes and report of the Reserve Fund for issuance of Central money warehouses, State Bank branches in provinces, cities;

6. Documents on over-collecting and overspending of cash, which have not yet been disclosed;

7. Documents on quantity and place of the State foreign exchange reserves, rare and precious metals, precious stones and other rare and precious objects of the State, which are managed and preserved by the State Bank of Vietnam;

8. Documents on the standard, limit, rate of State foreign exchange reserve structure;

9. Report on the balance of foreign currency deposit on the account of the State Bank opened at oversea partners;

10. Detailed report on the oversea investments of the State Bank by form, period, partner and sector of investment;

11. Report on the balance of the State foreign exchange reserve fund, Fund for stabilization and other sources of foreign currency;

12. Report on the assessment of the investment entrust activity of the State Banks Operation Department

13. Report on ratings of foreign partners of the State Banks Operation Department with data of the investment limit of State foreign exchange reserves in respect of each partner;

14. Report on the result of supervising the management of the State foreign exchange reserves at the Operation Department; the inspection minutes of the General Control Department at the State Banks Operation Department;

15. Projects, plans on placing the credit institution into special supervision, control;

16. Projects, plans on the integration, merger, dissolution, acquisition, reorganization of credit institutions, which have not been yet disclosed.

17. Documents on the design of money-printing factory, coin-minting factory and money warehouse;

18. Technological process of printing, minting money and valuable papers like money;

19. Formulas for making up money-printing inks;

20. Documents on granting alphabetical series for money printing and minting;

21. Documents on the system design, installation of security works, keeping secret of systems of information technology application, communication of Banking industry;

22. Documents on algorithms and computer software for creating electronic signature and security password, secret code, algorithms for encoding data;

23. Security password for creating electronic signature, secret lock for creating digital signature in the systems of information technology application, communication of Banking industry;

24. Projects for negotiation preparation and results of negotiation of treaties and agreements on currencies and banking activities signed between Vietnam and foreign partners, which have not yet been disclosed;

25. The detailed currency balance sheet of the State Bank;

26. The summary currency balance sheet of the State Bank.

Article 5. Documents, materials containing State secrets classified as Secret in Banking industry include:

1. Development strategy of banking industry and solutions for implementation, which have not been yet disclosed;

2. Documents on guidelines, plans, solutions for managing monetary policies of the State Bank, which have not been yet disclosed;

3. Report on the transaction performance in the inter-bank foreign currency market;

4. Documents on bidding, bidding approval for projects performed by the State Bank, which are in the verification process and have not been yet disclosed;

5. Statement of accounts, balance sheet, report on the income, expense plan and notes to financial statements of the State Bank, which have not been disclosed;

6. Documents, vouchers on the delivery, receipt of types of money of the National money printing factory, Central money warehouse, Operation Department of the State Bank, State Bank branches in provinces, cities and credit institutions;

7. Order of transferring money, precious assets and valuable papers;

8. Documents, vouchers on the destroyed money;

9. Regulations on the signs of money types and valuable papers like money;

10. Documents, files, plans, designs and installation of equipment, technical facilities system to protect security of money warehouse, money printing factory, coin minting factory;

11. Passwords of money warehouse door and money safe;

12. Report on the result of supervising the money printing activity at the National money printing factory;

13. Report on the result of performing the task of asset security supervision at Central money warehouses;

14. Documents on counterfeit money which have not been disclosed;

15. Documents relating to deposits and other assets of each customer at the credit institutions;

16. Detailed documents relating to deposits, other assets of each credit institution at the State Bank;

17. Password, secret sign used in banking operational telegraph; password of data transmission;

18. Signature sample of account holder, signature sample used in the payment activity;

19. Secret signs used in payment and money remittance of payment service suppliers (excluding payment by electronic money remittance);

20. Code stipulated to the customer for identifying personal card of the user of payment card, credit card and other types of card used in banking activity;

21. Password for accessing to the computer network, database system; password for using banking application programs;

22. Undisclosed documents on the inspection, supervision, verification for dealing with complaint, denunciation, preventing from, combating against embezzlement and preventing from, combating against money laundering, including:

a. Annual plan, program of assignment of the Banking Inspectorate;

b. Written guideline on the inspection, supervision, verification for dealing with complaint, denunciation, preventing from, combating against embezzlement and preventing from, combating against money laundering;

c. Periodical report on the inspection activity;

d. Report on the special subject of the verification, dealing with complaint, denunciation, preventing from, combating against embezzlement and preventing from, combating against money laundering;

e. Documents on cases, contents which are still in the inspection, examination process; minutes, conclusion of the inspection activity, report on the result of inspection, examination;

23. Annual rating results for credit institutions, which have not been yet disclosed.

24. Documents, files relating to transactions reported by the individuals, organizations to the Center of Preventing from, combating against money laundering in accordance with provisions on preventing from, combating against money laundering;

25. Documents on the cases in the progress of auditing, control, which have not been yet disclosed; minutes, conclusion on the audit, control, report on the result of the audit, control, which have not been yet disclosed; the written guidelines in the audit, control activity, which have not been yet disclosed;

26. Report on the operation performance, examination result in terms of organization and operation of credit institutions and other organizations engaging in banking activity, which have not been yet disclosed;

27. Documents on the writer of denunciation letter; complaint letter being under investigation, verification and settlement, which have not been yet disclosed; documents, materials containing information relating to the verification, settlement of complaint, denunciation which have not been yet disclosed;

28. Documents on the programming of officers which are under the management of the Party Civil Affairs Committee and the Governor of the State Bank, including: documents on the officers relatives, trust survey at Conferences of introducing sources of programmed officers; minutes of the Inter-ministerial conference between leader of the units and leaders of the Party, unions; remark, assessment of executive committee of Party.

Article 6. This Decision shall be effective after 15 days since its publication on the Official Gazette.

Article 7. Director of Administrative Department, Head of units of the State Bank, Director of the National Money Printing Factory, Chairman of the Board of Directors, General Director (Director) of credit institutions, payment service suppliers, other organizations engaging in banking activity shall be responsible for the implementation of this Decision.