Chương 4: Thông tư 03/2013/TT-NHNN quy định về hoạt động thông tin tín dụng của Ngân hàng Nhà nước Việt Nam Điều chỉnh dữ liệu sai sót, giải quyết khiếu nại và xử lý vi phạm

Chapter 4.

ADJUSTMENT OF MISTAKES IN DATA, SETTLEMENT OF COMPLAINTS AND HANDLING OF VIOLATIONS

Article 17. Adjustment of mistakes in data

1. When detecting mistakes in data, credit institutions, foreign banks’ branches, voluntary organizations must re-send credit information data and have a document of competent persons clearly stating reason thereof and suggesting the CIC for adjustment of such mistaken data.

2. If the CIC detects or doubts that data is mistake, the CIC shall coordinate with credit institutions, foreign banks’ branches, voluntary organizations in data consideration and adjustment according to the following order:

a) If data is not right with standard such as wrong file form, lack of compulsory information norm, coincident information or other technical defects,  the CIC shall return all data or part of mistaken data. Within 01 working day, credit institutions, foreign banks’ branches, voluntary organizations must fix and re-send report data.

b) If data is doubted to be error, the CIC shall return all data or part of data which is doubted. Within 01 working day, credit institutions, foreign banks’ branches, voluntary organizations must check data and notify result to the CIC, if there are mistakes, they must adjust data as prescribed in clause 1 this Article.

Article 18. Settlement of complaints

1. In case where a borrower detects that his/her/its credit information is mistake, the borrower is entitled to complaint with the CIC, credit institutions, foreign banks’ branches or voluntary organizations (hereinafter referred to as organizations receiving complaints) in order to request for examination, adjustment of information, but not misuse to complaint untruthfully.

The complaints may implement via electronic system or send in writing, in which clearly state reason thereof and enclose with documents, grounds proving mistakes of data.

2. Within 05 working days, after receiving complaints, organizations receiving complaints must notify to borrower.  In case of having to supplement information in order to have grounds for verification and settlement, organizations receiving complaints must notify to borrower for supply of relevant information, documents.  

3. Within 10 working days, after receiving valid complaints, organizations receiving complaints must consider, adjust mistakes of data and notify to borrower.  In case of having to check, verify content of complaints at relevant agencies or organizations, organizations receiving complaints may prolong time of complaint settlement based on actual situation, but borrower must be notified on reason of extension of time.

4. If the mistaken credit information cause disadvantages for borrower, the CIC must send a correction notice to the using units. When receiving the correction notice, the using units must review decision on credit extension.

5. Within 02 working days, after having result of complaint settlement, organizations receiving complaints must notify to customer about such result.

Article 19. Handling of violation

Organizations, individuals violating provisions in this Circular, depend on nature and seriousness of violation, shall be handled in accordance with law.