Chương II Thông tư 03/2016/TT-NHNN: Trang điện tử

Chapter II

WEBSITE

Article 6. Website

1. The State Bank shall manage data and information about enterprises’ foreign borrowing and repayment of foreign debts which are not guaranteed by the Government via its website address www.sbv.gov.vn or www.qlnh-sbv.cic.org.vn.

2. Use of websites for declaring information for registration and registration for changes of loans and preparing review reports on effecting of conventional loans shall be consistent with the provisions laid down in this Circular and user instruction manuals available on these websites.

3. Borrowers shall be entitled to choose the online declaration form to sign up for their accounts to access these websites under the provisions of Article 8 hereof.

Article 7. Actions to be taken against technical failures arising from use of websites

1. Where any technical failure in websites arises through no fault of the borrower, he temporarily uses the conventional declaration form instead of the online one to give information for registration or registration of changes of foreign loans, and preparation of review reports on effecting of these foreign loans at the time when such errors have not been corrected. After successfully dealing with such failure, the State Bank of cities or provinces, or the State Bank (Foreign Exchange Administration), shall be held responsible within their jurisdiction for inputting relevant updated information into its websites on the basis of application form for registration for loans, application form for registration of changes of loans and written reports of borrowers which are similar to those submitted by borrowers using the conventional declaration form.

2. Where any technical failure results from fault on the part of the borrower, he shall assume the following responsibilities:

a) Urgently and proactively find solutions to successfully dealing with such failure, or act on his own initiative in cooperating with the technical department in charge of the State Bank’s websites to find solutions to correcting errors;

b) Temporarily use the conventional declaration form instead of the online one to give information for registration or registration of changes, and preparation of review reports on effecting of these conventional foreign loans, and concurrently notify the State Bank in writing of this technical failure;

c) Post updated information about foreign loans which have been registered or permitted for registration for changes and review reports on effecting of conventional foreign loans on websites promptly after such failure is successfully corrected.

3. After that technical failure is corrected as referred to in paragraph 1 and 2 of this Article, the borrower shall be allowed to resume the online declaration on websites to complete registration procedures regarding foreign loans in accordance with the provisions laid down in this Circular.

Article 8. Log-in account

1. Log-in account refers to name and password entered to access websites which are given to users, including the following information:

a) The borrower’s selection of the online declaration form for application for loan registration;

b) Individuals of Foreign Exchange Administration and the State Bank branches of cities or provinces engaged in administration of foreign borrowing and repayment of foreign loans which are not guaranteed by the Government;

c) Affiliates of the State Bank assigned authority to have access to facts and figures pertaining to foreign borrowing and repayment of foreign loans which are not guaranteed by the Government.

2. After being granted log-in accounts, users shall log in their accounts to declare information, prepare reports, manage and use information on websites as prescribed by this Circular.

3. Procedures for registration and issuance of log-in accounts for the borrowers who currently owe outstanding foreign debts shall be stipulated as follows:

a) Users fill their information in online declaration forms to apply for log-in accounts according to instructions available on websites, and then print out these forms and append their signatures and stamps;

b) Users send the declaration forms referred to in subparagraph a of this paragraph by post or directly submit these forms to competent authorities as provided for in subparagraph a paragraph 6 of this Article;

c) Within a maximum duration of 03 (three) working days of receipt of the request for issuance of user’s log-in accounts along with valid and adequate information, competent authorities defined in subparagraph a paragraph 6 of this Article shall consider approving and granting log-in accounts sent to the registered email address of users. If such request for issuance of log-in accounts is rejected, an online response including clear explanation for this rejection must be sent to applicants.

4. Procedures for registration and issuance of log-in accounts of borrowers who do not owe outstanding foreign debts, but apply for registration and registration for changes of foreign loans with the State Bank shall be stipulated as follows:

a) Request for issue of log-in accounts coincides with declaration of information about foreign loans at the loan registration form or the registration form for changes of foreign loans with the State Bank on its websites in accordance with subparagraph a paragraph 1 Article 13 and subparagraph a paragraph 1 Article 16 hereof;

b) Issue of log-in accounts to borrowers coincide with confirmation of registration or registration for changes of foreign loans sent to borrowers. On the date in which registration of foreign loans is confirmed, competent authorities referred to in paragraph 6 of this Article shall consider approving and granting log-in accounts to registered email boxes that borrowers have specified in the application for registration or registration of changes of foreign loans.

5. Procedures for registration of changes of information about log-in accounts shall be stipulated as follows:

a) Borrowers must register changes to information about log-in accounts if there is any change made to name of the borrower, type of the borrower’s enterprise, address, tax codes, contact phone number and email address;

b) Processes for such registration include the following steps:

(i) Borrowers fill their information in online declaration forms to apply for changes made to log-in accounts according to instructions available on websites;

(ii) Within a maximum duration of 03 (three) working days of receipt of the request for registration for changes of log-in accounts, competent authorities provided for in paragraph 6 of this Article shall approve change contents and notify users of this to their registered email address. If such request is rejected, an online response including clear explanation for this rejection must be sent to applicants.

6. Authority to issue and manage log-in accounts:

a) The State Bank branches of centrally-affiliated cities and provinces where borrowers' head offices are located (hereinafter referred to as branch) shall issue and manage log-in accounts of the following users:

(i) Borrowers who currently owe outstanding foreign debts;

(ii) Borrowers who do not owe outstanding foreign debts, but have applied for registration and registration for changes of foreign loans, all of whom are subject to registration or registration for changes with branches under the provisions hereof;

b) Foreign Exchange Administration affiliated to the State Bank shall issue and manage log-in accounts of the following users:

(i) Individual or institutional entities referred to in subparagraph b and c paragraph 1 of this Article;

(ii) Borrowers who do not owe outstanding foreign debts, but have applied for registration and registration for changes of foreign loans, all of whom are subject to registration or registration for changes with the State Bank (Foreign Exchange Administration) under the provisions hereof.