Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for protection of confidentiality and provision of client information of credit institutions and foreign banks’ branches, except in the cases mentioned in Clauses 2, 3 and 4 of this Article.
2. The protection of confidentiality and provision of client information of credit institutions and foreign banks’ branches that is on the list of state secrets shall comply with regulations of the law on protection of state secrets.
3. The protection of confidentiality and provision of client information of credit institutions and foreign banks’ branches to the State Bank of Vietnam shall comply with regulations of the Law on State Bank, Law on Credit Institutions 2010 amended in 2017 and legal documents elaborating thereof.
4. The protection of confidentiality and provision of client information of credit institutions and foreign banks’ branches to organizations and individuals for the purposes of preventing and fighting against money laundering and terrorism shall comply with regulations of the law on prevention and fight against money laundering and on prevention and fight against terrorism.
Article 2. Regulated entities
This Decree applies to:
1. Credit institutions and foreign banks’ branches.
2. Clients of credit institutions and foreign banks’ branches.
3. Regulatory authorities, other organizations or individuals provided with client information by credit institutions and foreign banks’ branches.
4. Organizations and individuals related to the provision of client information of credit institutions and foreign banks’ branches.
Article 3. Definitions
For the purposes of this Decree, the terms below shall be construed as follows:
1. “client information of a credit institution or foreign bank’s branch” (hereinafter referred to as “client information”) means information provided by a client and information generated while the client requests or is provided with licensed banking operations, products and services and includes client identification information, account information, deposit information, property information, transaction information and information about organizations and individuals that are guarantors at a credit institution or foreign bank’s branch and other relevant information.
2. “client identification information” includes:
a) Regarding an individual client: full name, signature sample, electronic signature, date of birth, nationality, job, place of registered permanent residence, current residential address, registered residence address in the foreign country regarding a foreigner, phone number, email, number, date of issue and place of issue of ID card or Citizen ID card or passport (information about visa regarding the individual client who is a foreigner) of client or legal representative or authorized representative (hereinafter referred to as “legal representative”) and other relevant information;
b) Regarding the client that is an organization: trading name, abbreviated name, establishment license or decision, enterprise registration certificate or equivalent document; address of the headquarters, phone number, fax, email and information of the legal representative specified in Point a of this Clause and other relevant information.
3. “information about client’s account” means client identification information and includes account name, number and balance, information relating to payment, money transfer, money withdrawal or money receipt by a client and other relevant information.
4. “information about client’s deposit” means client identification information and information relating to deposit made by a client, balance of deposit types of a client at a credit institution or foreign bank’s branch and other relevant information.
5. “information about client’s deposited property” means information about client’s property (articles, money, financial instruments, property rights) deposited at a credit institution or foreign bank's branch, and information about client's property managed and stored by a credit institution or foreign bank's branch as prescribed by law, and includes client identification information, property name, property value, documentary evidences for the ownership or right to use of or legitimate interests from client’s property and other relevant information.
6. “information about client’s transaction” means information generated from transactions between the client and the credit institution or foreign bank's branch and includes client identification information, transaction documents, transaction time, number of transactions, transaction value, transaction balance and other relevant information.
7. “regulatory authority that has the power to request client information” (hereinafter referred to as “regulatory authority”) means an authority, unit or organization that belongs to state administration system of the Socialist Republic of Vietnam having the right to request a credit institution or foreign bank’s branch to provide client information to perform its assigned duties as prescribed by law.
8. “other organizations” are organizations that are not regulatory authorities specified in Clause 7 of this Article.
Article 4. Principles of protection of confidentiality and provision of client information
1. Client’s information of credit institutions and foreign banks’ branches shall be kept confidential and shall be only provided in accordance with regulations of the Law on Credit Institutions 2010 amended in 2017, this Decree and relevant regulations of law.
2. Credit institutions and foreign banks’ branches must not provide client’s authentication information upon access to banking services, including client’s secret key, biometric data, access password and client’s authentication information to any entity, organization or individual unless such provision is authorized in writing by that client or in any other form as agreed upon.
3. Regulatory authorities, other organizations or individuals may request credit institutions and foreign banks’ branches to provide client information for right purposes, within the scope and power only if required by laws or accepted by clients and must be responsible for that request.
4. Regulatory authorities, other organizations or individuals must protect confidentiality of client information and use client information to serve the predetermined purposes upon request and must not provide such information to the third party without the client's consent unless otherwise prescribed by law.
5. Organizations and individuals must, according to regulations of law on storage and preservation of documents, store and preserve client information, applications for provision of client information, delivery and receipt of client information.
Article 5. Internal regulation on protection of confidentiality, storage and provision of client information
1. Credit institutions and foreign bank’s branches shall, according to regulations of law and this Decree, promulgate internal regulation on protection of confidentiality, storage and provision of client information and uniformly organize the implementation thereof.
2. Internal regulation on protection of confidentiality, storage and provision of client information shall contain at least:
a) Procedures for receiving, processing and providing client information; procedures for storing and protecting confidentiality of client information;
b) Supervision and inspection of implementation of internal regulation on protection of confidentiality, storage and provision of client information and impose penalties for violations thereof;
c) Delegation of power and obligations of units and individuals upon protection of confidentiality, storage and provision of client information.
Tìm kiếm
Nghị định 117/2018/NĐ-CP (Bản Word)
Nghị định 117/2018/NĐ-CP (Bản Pdf)