Quyết định 738/2004/QD-NHNN

DECISION

ON THE ISSUANCE OF THE REGULATIONS ON CONFIDENTIAL CODE FOR BILLS, BONDS BIDDING AND OPEN MARKET OPERATION

THE GOVERNOR OF THE STATE BANK

- Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated 12 December, 1997 and the Law on Credit Institutions No. 02/1997/QH10 dated 12 December, 1997;
- Pursuant to the Law on the amendment, supplement of several Articles of the Law on the State Bank of Vietnam No. 10/2003/QH11 dated 17 June, 2003;
- Pursuant to the Decree No. 86/2002/ND-CP dated 05 November, 2002 of the Government providing for the function, assignment, authority and organizational structure of the ministries and ministerial level agencies;
- Pursuant to the Ordinance on the protection of the State secrets No. 03/2000/PL-UBTVQH dated 28 December, 2000 of the Standing Committee of the National Assembly;
- Pursuant to the Decree No. 33/2002/ND-CP dated 28 March, 2002 of the Government providing in details for the implementation of the Ordinance on the protection of the State secrets;
- Upon the proposal of the Director of the Banking Informatics Technology Department,

DECIDES:

Article 1. To issue in conjunction with this Decision "the Regulations on confidential code of bills, bonds bidding and open market operation".

Article 2. This Decision shall be effective after 15 days from its publication in the Official Gazette.

Article 3. The Director of Administrative Department, Director of the Banking Informatics Technology Department, Heads of units of the State Bank, General Directors (Directors) of Credit Institutions shall be responsible for the implementation of this Decision.

REGULATIONS

ON CONFIDENTIAL CODE OF BILLS, BONDS BIDDING AND OPEN MARKET OPERATION
(Issued in conjunction with the Decision No. 738/2004/QD-NHNN dated 16 June, 2004 of the Governor of the State Bank)

Chapter I.

GENERAL PROVISIONS

Article 1. The confidential code applicable to the operations of bills, bonds bidding and open market operation on the computer network (hereinafter referred to as confidential code) is a technological application used to control the access, verify the origination, maintain the secrecy and examine the integrity of data of electronic transactions in the operation of bills, bonds bidding and open market operation on the computer network.

The confidential code shall be commonly used for bills, bonds bidding and open market operations. Depending on the member status of the unit, which is to be granted with a code, the unit, which provides the code, shall define the scope within which the code is used for each specific operation.

The confidential code shall consist of 3 types:

1. The confidential code for the system access control (hereinafter referred to as access code)

2. The confidential code for the approval of electronic transactions data (hereinafter referred to as approval code)

3. The confidential code for the encryption and decoding of data, which are registered for the bidding participation.

Article 2. The confidential code, which is granted to each individual, shall establish his authority and responsibilities for the use of the code to access, carry out operation acts, encrypt and decode data or examine, approve electronic transactions of the bills, bonds bidding and open market operation.

Article 3. The confidential code used for the bills, bonds bidding and open market operation shall be the State secrets in banking area, classified as "Top secret" level.

The establishment, management, delivery, use, destruction, regime of control and individual responsibility for the confidential code; the selection of officers to engage in assignments directly relating to the confidential code shall be carried out in compliance with provisions of applicable laws on the protection of the State secrets and provisions stated in the regulation on the protection of the state secrets in banking area issued in conjunction with the Decision No. 1087/2003/QD-NHNN dated 17 September, 2003 of the State Bank Governor.

Article 4. Electronic transactions of the bills, bonds bidding and open market operation made through the computer network shall only have the transaction value when they are approved by the competent person with his approval code.

Chapter II.

SPECIFIC PROVISIONS

Article 5. The Director of the Banking Informatics Technology Department shall be responsible:

1. to select technology, solutions; take measures to ensure the security and confidentiality for the establishment, grant and management of the confidential code

2. to grant and manage the confidential code that has been granted to the using subjects of the units of the State Bank, members of the bills, bonds bidding market and open market operation.

3. to take technical measures that permit the use or suspend the effectiveness of the confidential code after receiving the requirement from the head of the unit, who supervises the individual granted with a confidential code.

4. To periodically change the granted confidential code at least once every six months

5. To suspend the effectiveness of the granted confidential code upon its expiry.

6. To select the persons with full capacity, ability to perform the assignment mentioned in points from 1 to 5 of this Article, on behalf of himself.

Article 6. Subjects entitled to be granted with a confidential code

1. The Director of the Banking Operation Department

2. General Managers of the State Bank's branches in provinces, cities authorized to organize the operations of bills, bonds bidding and open market operation.

3. General Directors (Directors) of Credit Institutions, which are member of the bills, bonds bidding market and open market operation.

4. The persons who are authorized by the subjects provided for in paragraphs 1, 2 and 3 of this Article.

Article 7. The effective time of the confidential code

1. After the completion of the receipt and installation of the confidential code, individuals who have been granted with a code shall report to the head of the unit for his written notice of the timing to the granting unit as from which the confidential code is used.

2. The code-granting unit shall install the effective time for the use of the confidential code of individuals in accordance with the notice of the granted unit.

Article 8. Responsibilities of the persons to be granted with the confidential code

1. To use the code within the scope, effective duration and authority of the granted confidential code.

2. To ensure the safety, secrecy of the confidential code; immediately report to the head of the unit for his notice to the granting unit to terminate the effectiveness of the code in the case where they change their work, the code is lost, leaked or suspected being leaked

3. To comply with guidance on the use of the confidential code provided by the granting unit and other provisions concerning the code in the procedure on the operating technique of software programs on the bills, bonds bidding and open market operation.

4. To coordinate with the granting unit to make irregular or periodical change of the confidential code.

5. The head of the unit which supervises persons who are granted with a code shall give immediate notice to the granting unit to terminate the effectiveness of the confidential code, via phone or fax, in following cases: where the person being granted with the code is transferred to other work or suspended from his work; the confidential code is lost, leaked or suspected being leaked. The written request for the termination shall be sent later in form of an official letter.

Article 9. Following acts shall be strictly forbidden:

1. Taking advantage of the confidential code to lose the security, leak secrets, illegally access to, block activities of bills, bonds bidding system, open market operation;

2. Using the confidential code to conceal acts of law violation;

3. Illegally decoding, appropriating, purchasing, selling, leaking or destroying the confidential code.

Chapter III.

PROVISIONS OF IMPLEMENTATION

Article 10. Dealing with violation

All acts of violation to this Regulation shall, depending on the nature, seriousness of violation, be subject to administrative punishment, prosecuted for criminal liability and material compensation in accordance with provisions of applicable laws.

Article 11. Responsibility for the implementation

The Banking Informatics Technology Department shall be responsible for the provision of guidance, supervision and organization of the examination of the compliance with this Regulation.

Heads of member units of the bills, bonds bidding market and the open market operation shall be responsible for management, supervision of the use of the confidential code in their unit in compliance with this Regulation.

Article 12. The amendment of, supplement to this Regulation shall be decided upon by the Governor of the State Bank