Chương I Nghị định 58/2021/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree prescribes eligibility, procedures for issuing, reissuing, revising, and revoking certificate of eligibility for providing credit information service (hereinafter referred to as “certificate”); provision of credit information service of credit information companies and rights, obligations of relevant organizations and individuals.

2. Credit information affairs of State Bank of Vietnam (hereinafter referred to as “SBV”) is not regulated by this Decree.

Article 2. Regulated entities

1. Credit information companies.

2. Participating organizations.

3. Debtors.

4. Other relevant organizations and individuals.

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. “credit information” refers to data, figures and information of debtors in participating organizations of credit information companies.

2. “provision of credit information” refers to when credit information companies provide credit information products to users on the basis of collecting, processing, and storing credit information of credit information companies according to this Decree.

3. “participating organizations of credit information companies” (hereinafter referred to a s “participating organizations” refer to organizations voluntarily providing credit information for credit information companies, including: credit institutions, branches of foreign banks; organizations other than credit institutions and branches of foreign banks that provide property rental service, installment purchase service, pawn service under conditions of interest, duration, rental, obligation fulfillment security as per the law (hereinafter referred to as “other participating organizations”)

4. “debtors” refer to organizations and individuals receiving extended credit by credit institutions or branches of foreign banks or receive property rental service, purchase installment service, pawn service under conditions of interest, duration, rental, obligation fulfillment security from other participating organizations as per the law.

5. “credit information company” refers to an enterprises established and operating according to Law on Enterprises in order to provide credit information service according to this Decree. Company name must consist of the phrase “thông tin tín dụng” (credit information).

6. “information infrastructure” refers to a combination of hardware, software, database, network system, and security systems to create, transmit, receive, collect, process, store, and exchange digital information serving one or many technical activities, provision of credit information service of credit information companies.

7. “identification information” refers to information identifying debtors according to regulations and law of the Government on maintaining confidentiality and providing customers’ information of credit institutions and branches of foreign banks.

8. “negative information regarding debtors” refers to credit information about bad debt, violations to payment obligations, violations to regulations and law, being charged, being filed for lawsuits, and other negative information affecting assessment of debtors.

9. “credit information products” refer to reports, publications, or other forms of credit information carriers created by credit information companies on the basis of credit information collected to provide for users.

10. “user” refers to an organization or an individual provided with credit information products and under agreement with credit information companies regarding provision of credit information

Article 4. Operating principles of provision of credit information

1. Credit information companies shall provide credit information only after receiving certificate issued by the SBV.

2. Provision of credit information must comply with regulations and law, ensure truthfulness, objectivity, and not affect legal rights and benefits of relevant organizations and individuals.

3. Agreements and commitments in provision of credit information specified under this Decree must be made into records or other equally legitimate forms as written documents as per the law.

4. Credit information companies shall only collect credit information of debtors from participating organizations when the debtors allow the participating organizations to provide their credit information according to Annex I attached hereto.

5. Principles of providing credit information products:

a) Credit information companies shall provide credit information products according to Article 21 hereof;

b) Credit information companies shall only provide credit information products which contain identification information of debtors to other participating organizations under consent of the debtors under Annex II attached hereto, except for cases where the organizations receive consent of the debtors according to Clause 4 of this Article;

c) Credit information companies shall not provide credit information products which contain identification information of debtors to other organizations and individuals under Point dd Clause 1 Article 21 hereof.

Article 5. Principles of using credit information products

1. Credit information products shall be used solely for purposes under Clause 1 Article 21 hereof. Users shall not alter credit information products and must assume responsibilities for their decisions when using credit information products.

2. Users must not provide credit information products to a third party, except for entities specified under Point b Clause 1 Article 21 hereof.

3. Copying and using credit information products within organization users must conform to agreements with credit information companies.

Article 6. Restrictions in provision of credit information service

1. Do not illegally collect, provide information classified as Government secret.

2. Do not intentionally deviate credit information thereby affecting legal rights and benefits of relevant organizations and individuals.

3. Do not exchange credit information, or provide credit information for the wrong individuals, for the wrong purposes or illegally.

4. Do not exploit provision of credit information for personal gain, violating benefits of the Government, or legal rights and benefits of organizations and individuals.

5. Do not obstruct legal collection and use of credit information of organizations and individuals.

Article 7. Reports on provision of credit information

1. Credit information companies shall send the following reports in person at SBV, via post service, or electronically to SBV:

a) Financial statements as per law;

b) Reports on operation situations according to Annex III attached hereto;

c) Reports in case of major technical issues to information infrastructure (such as errors to hardware, software; database, network systems, security systems susceptible to attack and other issues which cause information infrastructure of credit information companies to function abnormally) according to Annex IV attached hereto;

d) Reports in case of any of the following changes: enterprise managers, members of Boards of Supervisors; number of participating organizations; agreement regarding procedures for collecting, processing, storing, providing credit information between credit information companies and participating organizations; information infrastructure under Annex IV attached hereto.

2. Report deadline:

a) Reports specified in Point a Clause 1 of this Article shall be submitted on a monthly, quarterly, and yearly basis. In which, monthly reports shall be submitted before the 10^th of the month following reporting month; quarterly reports shall be submitted before the 20^th of the month following the reporting quarter; annual financial statements shall be audited and submitted within 90 days from the date on which a fiscal year ends;

b) Reports specified in Point b Clause 1 of this Article shall be submitted on a quarterly, and yearly basis. In which, quarterly reports shall be submitted before the 20^th of the month following reporting quarter; annual operation reports shall be submitted within 30 days from the date on which a reporting year ends;

c) Reports specified in Point c Clause 1 of this Article must be submitted within the day on which the incidents occur. If the incidents occur at the weekend or on the public holidays, report immediately within the first working after the holidays;

d) Reports specified in Point d Clause 1 of this Article must be produced 07 days at the latest from the date of the changes.

3. Conclusion date of report figures:

a) With respect to the reports specified in Point a, Point b Clause 1 of this Article, figure conclusion date of each report period shall match with that of the accounting period specified under the Law on Accounting;

b) With respect to the reports specified in Point c, Point d Clause 1 of this Article, conclusion date of report figures shall be determined based on each content reported upon emergence or changes.

Article 8. Entitlement of regulatory agencies

1. SBV shall perform state management for provision of credit information service according to Law on State Bank of Vietnam, including:

a) Drafting, requesting competent authority to issue or issuing within their competence legislative documents on provision of credit information service;

b) Issuing, reissuing, revising, and revoking certificate of credit information companies;

c) Inspecting and supervising provision of credit information service of credit information companies.

2. Ministries, ministerial agencies, People’s Committees of provinces and central-affiliated cities shall perform state management for credit information companies according to Law on Enterprises and relevant law provisions.