Phụ lục: Thông tư 14/2019/TT-NHNN

CIRCULAR

Amendments to a number of articles in circulars of the state bank of vietnam regulating regular reporting regime

Pursuant to the Law on State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated June 16, 2010;

Pursuant to the Law on amendments to a number of Articles of the Law on Credit Institutions dated November 20, 2017;

Pursuant to Decree No. 09/2019/ND-CP dated January 24, 2019 of the Government on reporting regime of national administrative agencies;

Pursuant to Decree No. 16/2017/ND-CP dated February 17, 2017 of the Government on functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

At the request of the Chief of Office of the State bank of Vietnam;

The Governor of the State bank of Vietnam promulgates the Circular on amendments to anumber of Articles of Circulars regulating the regular reporting regime of the State Bank of Vietnam.

Article 1. Amendments to provisions of reporting regime

1. Amendments to the reporting regime of credit information-related activities in Circular No. 16/2010/TT-NHNN dated June 25, 2010 of the Governor of the State bank of Vietnam on elaborating to Decree No. 10/2010/ND-CP dated February 12, 2010 of the Government on credit information-related activities (hereinafter referred to as “Circular No. 16/2010/TT-NHNN”):

Article 17 Circular No 16/2010/TT-NHNN (revised according to Clause 6 Article 1 Circular 27/2014/TT-NHNN dated September 18, 2014 of the Governor of the State bank of Vietnam on amendments to a number of Articles of Circular No. 16/2010/TT-NHNN) is revised as follows:

 “Article 17. Report on credit information-related activities

1. The credit information company shall in person or by post to the State Bank (Bank Supervision and Inspection Agency) the following reports in physical form:

a) The quarterly, annual financial statements as per the law;

b) The operational reports following From No. 06/TTD issued together with this Circular;

c) The ad hoc reports upon major computer-related incidents (e.g. damage, software/hardware malfunctions; the network system is attacked and no longer reliable, unstable operation) using Form No. 07/TTTD to this Circular;

d) The reports using Form No. 07/TTTD attached to this Circular upon any of the following changes:

- The manager;

- The number of credit institutions, foreign bank branches guaranteeing to provide the credit information;

- The agreement on the procedures to collect, process, archive and provide credit information between the credit information company and the credit institutions, foreign bank branches that have guaranteed;

- Information infrastructure.

2. The report deadline:

a) Deadlines for submission of the quarterly and annual reports specified in Point a, b Clause 1 of this Article:

- The quarterly reports must be submitted before the 20^th of the month following the reporting quarters;

- The annual operational report must be submitted before February 15 of the year following the reporting year;

- The annual financial statement must be audited and submitted before April 15 of the year following the reporting year.

b) The reports specified in Point c Clause 1 of this Article must be produced 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 date after the holidays.

c) The 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. The data collection period:

a) With respect to the reports specified in Point a, Point b Clause 1 of this Article, the data collection period of each reporting 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, the data collection period shall be determined based on every piece ofinformation to be reported upon emergence or changes.”

2. Amendments to the reporting regime of the ATM activity conditions under Circular No. 36/2012/TT-NHNN dated December 28, 2012 of the Governor of the State bank of Vietnam on equipment, management, operation and operational safety guarantee of the automatic teller machine (hereinafter referred to as “Circular No. 36/2012/TT-NHNN”):

Article 10 of Circular No. 36/2012/TT-NHNN (revised at Clause 4 Article 1 of Circular No. 44/2018/TT-NHNN dated December 28, 2018 of the Governor of the State bank of Vietnam on amendments to a number of Articles of Circular No. 36/2012/TT-NHNN) is revised as follows:

 “Article 10. Information and report

1. The organizations providing payment services, the State Bank branches of the areas where the ATMs are implemented and erected shall have the responsibilities to report to the State bank of Vietnam as follows:

a) Report according to the regulations of the State bank of Vietnam on statistical report policies applicable to the credit institutions and the foreign bank branches upon request of the competent agencies as per law;

b) Report on the operation of the ATMs in the first 06 months of the year and report annually as follows:

- The report submission and receipt methods: The reports shall be produced in physical form and sent to the State bank of Vietnam (Payment Department) via any of the following medium: directly, via postal service or via the e-mail system of the State Bank.

- The data collection period: with respect to the 6-month report, from December 15 of the year preceding the year of the reporting period to June 14 of the reporting period; with respect to the annual report, from December 15 before the reporting period to December 14 of the reporting period.

- The report submission deadline: with respect to the 6-month report, the deadline is July 15 of the report year; with respect to the annual report, the dead line is January 15 of the year following the report year.

- The reports shall be made using Form No. 04 (with respect to the organizations providing payment services) and Form No. 05 (with respect to the branches of the State bank) issued together with this Circular.

2. The organizations providing payment services shall report to the State Bank (Payment Department) the following:

a) The physical reports on the upgrades to the ATM system shall be submitted directly or via the postal service within 10 days before the date on which the ATM system is upgraded.

b) The reports on the irregularities in the ATM system: Upon discovering irregular issues potentially danger or unsafe in their ATM system and to the ATM system of other organizations providing payment services, the organizations providing payment services must send reports to the State Bank via the email address tt@sbv.gov.vn within 24 hours on the contents including the time of occurrence, the incident description, the impacts, the risks in their ATM system and to the ATM system of other organizations providing payment services, the cause and the measures. At the same time, produce the physical reports and submit directly or via the postal service within 03 working days from the date on which the State bank of Vietnam is notified of the issues.”

3. Amendments to the reporting regime of the operational network of the commercial banks under Circular No. 21/2013/TT-NHNN dated September 09, 2013 of the Governor of the State bank of Vietnam on operational network of commercial banks (hereinafter referred to as “Circular No. 21/2013/TT-NHNN”):

Clause 2 Article 28 of Circular 21/2013/TT-NHNN is revised as follows:

 “2. Prepare an submit 6-month and annual reports directly or via the postal service to the State Bank (Bank Supervision and Inspection Agency) and the branches of the State Bank where the commercial banks are based on the contents specified in Annex No. 02 to this Circular. In which:

a) The report deadline:

- The report on the first 06 months of the year: July 31 of each year at the latest.

- The annual report: January 31 of the year following the report year at the latest.

b) The data collection period of each reporting period shall be that of the accounting period as specified under the Law on accounting.”

4. Amendments to the reporting regime of vault safety under Circular No. 01/2014/TT-NHNN dated January 06, 2014 of the Governor of the State bank of Vietnam on transfer, reception, preservation and delivery of cash, valuable assets and financial instruments (hereinafter referred to as “Circular No. 01/2014/TT-NHNN"):

Article 69 of Circular 01/2014/TT-NHNN is revised as follows:

 “Article 69. Report on vault safety

Annually, the branches of the State Bank, the credit institutions and the foreign bank branches shall report on the vault safety as follows:

1. The report contents: Report on the facts, implementation results, the weaknesses in the vault safety.

2. The report accepting agencies and deadline:

- The reports of the credit institutions, foreign bank branches submitted to the branches of the State Bank located in their areas and the superior credit institutions, foreign bank branches (if any) before January 01 of the year following the report year.

- The branches of the State Bank, the credit institutions, foreign bank branches shall consolidate the report and submit to the State Bank (Issue and Vault Department) before January 15 of the year following the report year.

3. The report submission and reception methods: The report must be produced in physical form and sent directly or via postal service.

4. The data collection period: From December 15 of the year preceding the year of the reporting period to December 14 of the reporting period.

5. The report form: Using Form No. 01 issued together with this Circular.”

5. Amendments to the reporting regime on the fund for maintenance and prudence for the system of people’s credit funds under Circular No. 03/2014/TT-NHNN dated January 23, 2014 of the Governor of the State bank of Vietnam on fund for maintenance and prudence for the system of people’s credit funds (hereinafter referred to as “Circular No. 03/2014/TT-NHNN”):

Article 9 of Circular 03/2014/TT-NHNN is revised as follows:

 “Article 9. Reporting to regulatory agencies

1. On a yearly basis, on July 15 at the latest, the cooperative banks shall have the responsibilities to submit the reports on the operation of the maintenance and prudence fund in the first 06 months of the year to the State Bank (the Bank Supervision and Inspection Agency) using Form No. 01 issued together with this Circular.

2. On a yearly basis, within 45 days from the end of the financial year at the latest, the cooperative bank shall submit the following reports to the State Bank (the Bank Supervision and Inspection Agency):

a) The reports on the operation facts and the reports on the financial status of the maintenance and prudence fund of the previous year using Form No. 02 issued together with this Circular;

b) The reports on the internal supervision and audit results of the Board of Controllers of the cooperative bank regarding the operation facts and financial status of the maintenance and prudence fund using Form No. 03 issued together with this Circular.

3. Submit ad hoc reports at the request of the State Bank.

4. The reports mentioned in Clauses 1, 2, 3 of this Article shall be produced in physical form and submitted directly or via the postal service to the State Bank (the Bank Supervision and Inspection Agency).”

6. Amendments to the reporting regime of the management and use of digital certificates of State Bank under Circular No. 28/2015/TT-NHNN dated December 18, 2015 of the Governor of the State bank of Vietnam on management, use of digital signatures, digital certificates and digital signature certification service of State Bank (hereinafter referred to as “Circular No. 28/2015/TT-NHNN”):

Clause 1 Article 17 of Circular No. 28/2015/TT-NHNN is revised as follows:

 “1. The regular reports on the management and use of digital certificates:

a) Name of the reports: report on reconciliation of the State Bank digital certificate list.

b) Contents of the reports: The list of digital certificates issued by the certification authorities affiliated to the State Bank and the use conditions thereof.

c) Regulated entities: The units affiliated to the State Bank, the credit institutions, the foreign bank branches, the State Treasury, the Deposit Insurance of Vietnam and other organizations issued with the digital certificates by the State Bank.

d) Recipient of the reports: The Information Technology Department – the State Bank.

e) Submission and receipt methods of the reports:

- Physical reports must be submitted directly or via the postal service;

- The electronic reports in Excel format must be submitted to the email address ca.nhnn@sbv.gov.vn or the electronic reports must be submitted via the online public services of the State Bank.

g) Submission frequency and deadline for the reports: on a 6-month basis, on June 20 and December 20 of the reporting year at the latest.

h) Data collection period:

- The data collection period with respect to the reports of the first 06 months of the year shall be determined from December 15 of the year preceding the reporting period to June 15 of the reporting period.

- The release period of final report figures with respect to the reports of the last 06 months of the year shall be determined from June 15 to December 14 inclusively of the reporting period.

i) The report form: Using Form No. 09 issued together with this Circular.”

7. Amendments to the reporting regime of asset liquidation, asset categorization and other emerged issues under Circular No. 24/2017/TT-NHNN dated December 29, 2017 of the Governor of the State bank of Vietnam on procedures for revocation of license and asset liquidation of credit institutions, foreign bank branches; procedures for revocation of representative office license of foreign credit institutions, other foreign organizations having banking activities (hereinafter referred to as “Circular No. 24/2017/TT-NHNN”):

Clause 4 Article 17 of Circular No. 24/2017/TT-NHNN is revised as follows:

 “4. Within the first ten (10) working days of each month or whenever requested, the liquidation supervision department shall produce the reports in physical form and submitted directly or via the postal service to the branches of the State Bank, the Bank Supervision and Inspection Agency, the Deposit Insurance of Vietnam, the Governor of the State bank of Vietnam, the provincial People’s Committees on the asset liquidation, asset categorization and other emerged issues follusingowing Form No. 01 issued together with this Circular. In case of documents requesting assistance from the relevant agencies, the credit institutions and the foreign bank branches shall recover the receivables, handle the clients intentionally causing loss of the assets of the credit institutions and foreign bank branches.”

8. Amendments to the reporting regime of the special loan figures under Circular No. 01/2018/TT-NHNN dated January 26, 2018 of the Governor of the State bank of Vietnam on grant of special loans for credit institutions placed under special control (hereinafter referred to as “Circular No. 01/2018/TT-NHNN”):

Clause 5 Article 21 of Circular No. 01/2018/TT-NHNN is revised as follows:

 “5. Within the first 07 working days of every month following the reporting month or when necessary, produce the physical reports and submit directly or via the postal service to the Governor of the State bank of Vietnam on the figures of the special loans with respect to the credit institution following Annex 04 to this Circular. The data collection period shall be determined from the first date to the last date of the reporting month.”

9. Amendments to the reporting regime on the internal control system under Circular No. 13/2018/TT-NHNN dated May 18, 2018 of the Governor of the State bank of Vietnam on internal control system of commercial banks, foreign bank branches (hereinafter referred to as “Circular No. 13/2018/TT-NHNN”):

Clause 1 Article 7 of Circular No. 13/2018/TT-NHNN is revised as follows:

 “1. The commercial banks, foreign bank branches must produce the physical reports and submit directly or via the postal service to the State Bank (the Bank Supervision and Inspection Agency) on the internal control systems specified in Clauses 2, 3 and 4 of this Article.”

10. Amendments to the reporting regime of the operational disruption incidents of the payment systems under Circular No. 20/2018/TT-NHNN dated August 30, 2018 of Governor of the State bank of Vietnam on supervision of payment systems (hereinafter referred to as “Circular No. 20/2018/TT-NHNN”):

Point c Clause 1 Article 7 of Circular No. 20/2018/TT-NHNN is revised as follows:

 “c) Inform the supervisory units upon discovering the incidents disrupting the operation of the payment systems that last more than 30 minutes via the email address tt@sbv.gov.vn to enable them to acknowledge and follow the solution to the incidents; submit the incident notice directly or via the postal service or via the State Bank report systems following Annex IV to this Circular within 03 working days from the date on which the incidents are dealt with;”

11. Amendments to the reporting regime of the import and use of the imported goods of the note-printing and coin-minting facilities under Circular No. 38/2018/TT-NHNN dated December 25, 2018 of the Governor of the State bank of Vietnam on import of goods serving note-printing and coin-minting of the State bank of Vietnam (hereinafter referred to as "Circular No. 38/2018/TT-NHNN”):

Clause 3 Article 6 of Circular No. 38/2018/TT-NHNN is revised as follows:

 “3. On a quarterly basis (on the 18^th of the following quarter at the latest), the note-printing and coin-minting facilities must produce the physical reports and send directly or via the postal service to the State Bank (the Issuance and Vault Department) on the import and use of imported goods using Form No. 01 issued together with this Circular. The data collection period shall be determined from the 15^th of the month preceding the reporting period to the 14^th of the last month of the reporting period."

12. Amendments to the reporting regime of the implementation results of the rectification plans under Circular No. 46/2018/TT-NHNN dated December 28, 2018 of the Governor of the State bank of Vietnam on deadline and procedures for transition with respect to major shareholders of a credit institution and relevant persons thereof owning shares equaling at least 5% of charter capital of another credit institution (hereinafter referred to as “Circular No. 46/2018/TT-NHNN”):

a) Clause 2 Article 4 of Circular No. 46/2018/TT-NHNN is revised as follows:

 “2. Before the 10^th of the first month of every quarter, the presiding credit institution shall cooperate with other credit institutions and the relevant major shareholders to report on the implementation results of the rectification plan of the previous quarter using Annex No. 01 to this Circular, including:

a) The list of shareholders whose holdings are exceeding the limit;

b) The results of rectifying excess holdings;

c) The cases in which the implementation is behind the progress specified in the rectification plan, reports on the difficulties and issues (if any) and propose solutions.”

b) Add Clause 3a Article 4 of Circular No. 46/2018/TT-NHNN as follows:

 “3a. The reports mentioned in Clause 2, Clause 3 of this Article shall be produced in physical form and submitted directly or via the postal service to the State Bank (the Bank Supervision and Inspection Agency).”

Article 2. Revision and replacement of forms and tables in reporting regimes

This Circular:

1. Adds the Annex No. 01 including Form No. 06/TTTD and Form No. 07/TTTD issued together with this Circular to Circular No. 16/2010/TT-NHNN.

2. Adds the Annex No. 02 including Form No. 01 issued together with this Circular to Circular No. 01/2014/TT-NHNN.

3. Adds the Annex No. 03 including Form No. 01, Form No. 02, Form No. 03 issued together with this Circular to Circular No. 03/2014/TT-NHNN.

4. Replaces the Table No. 09 issued together with Circular No. 28/2015/TT-NHNN with the Table No. 09 in the Annex No. 04 issued together with this Circular.

5. Adds the Annex No. 05 including Form No. 01 issued together with this Circular to Circular No. 24/2017/TT-NHNN .

6. Adds the Annex No. 06 including Form No. 01 issued together with this Circular to Circular No. 38/2018/TT-NHNN.

7. Adds the Annex No. 07 including Form No. 01 issued together with this Circular to Circular No. 46/2018/TT-NHNN .

Article 3. Implementation responsibilities

The Chief of Office, heads of units affiliated to the State Bank, the Directors of branches of the State Bank of provinces and central-affiliated cities and the Presidents of the Board of Directors (Board of Members), General Directors (Directors) of the credit institutions, the foreign bank branches, the State Treasury, the credit information companies, the money-printing facilities, the Deposit Insurance of Vietnam, the payment service providers shall implement this Circular.

Article 4. Entry into force

1. This Circular comes into force from October 15, 2019.

2. This Circular repeals:

a) Clause 6 Article 1 of Circular No. 27/2014/TT-NHNN dated September 18, 2014 of the Governor of the State bank of Vietnam on amendments to a number of Articles of Circular No. 16/2010/TT-NHNN;

b) Clause 4 Article 1 of Circular No. 44/2018/TT-NHNN dated December 28, 2018 of the Governor of the State bank of Vietnam on amendments to a number of Articles of Circular No.36/2012/TT-NHNN./.

ANNEX NO. 01

Form No. 06/TTTD

OPERATIONAL REPORT

 (……quarter/……year) or (……year)

I. Credit information-related activities

1) The list of organizations extending credits guaranteeing to provide information:

2) The detailed list of information sources other than the guaranteeing credit institutions;

3) The list of primary indicators regarding the loan clients, collection frequency, figure update;

4) The categorization and number of loan clients in each client group;

5) The number of products provided for each group of users;

6) The technology equipment operation, data information security assurance;

7) Other contents (if any).

II. Suggestions and propositions made to the State Bank

Form No. 07/TTTD

COMPUTER-RELATED INCIDENT/INFORMATION CHANGE

I. Information on the computer-related incident or information change

1. The description of the incident or the changed contents of the information

- The description of the incident involving the software, hardware damage or malfunction; the network is attacked; etc. and no longer reliable or operating abnormally.

- The changed contents: the managing team; the number of credit institutions, foreign bank branches which guarantee to provide credit information; the agreement on the credit information collection, processing, archive and provision process between the credit information company and the guaranteeing organizations extending credits; the information infrastructure;

- Other contents (if any).

2. The measures:

II. Suggestions and propositions made to the State Bank

ANNEX NO. 02

Form 01

Report on vault safety

To:...........................

PART I. RESULTS OF MONETARY – VAULT OPERATION

I. ACHIEVEMENTS

1. The instruction and guidance on vault safety

2. The fulfilment of cash demands of the economy.

3. The vault management.

4. The anti-counterfeiting money measures

II. WEAKNESSESS

1. Regarding the inspection, issuance of documents guiding the procedures and operation

2. Regarding the accounting and preserving of cash, precious assets, financial instruments

3. Regarding bank vault management and the entry into and exit thereof from bank vaults

4. Regarding protection for headquarters, bank vault and transaction location

5. The weaknesses in the vaults and the safety equipment system thereof

6. The reasons for the weaknesses

PART II. ORIENTATION AND TASKS REGARDING BANKING MONETARY - VAULT

ANNEX NO. 03

Form 01

REPORT

Operation of the maintenance and prudence fund in the first 06 months

 (From January 01, …… to June 30, ……)

To: The State Bank of Vietnam

1. The management of the maintenance and prudence fund (the number of members of the Management board of the maintenance and prudence fund).

2. The total collected fees of the maintenance and prudence fund.

3. The operation cost of the maintenance and prudence fund

4. The use to finance the people's credit funds during financial hardship, payment hardship to restore back to normal operation.

5. The reports on the use of source of financing of the maintenance and prudence fund:

a) Send at the cooperative banks or commercial banks according to the regulation on management and use of the maintenance and prudence fund;

b) Buy the bonds of the Government, treasury bills, the bills of the State bank of Vietnam

Form 02

REPORT

On operation and financial status of the maintenance and prudence fund in the previous year

 (From January 01, …… to December 31, ……)

To: The State Bank of Vietnam

1. The management of the maintenance and prudence fund (the number of members of the Management board of the maintenance and prudence fund).

2. The total collected fees of the maintenance and prudence fund:

- The number of people’s credit funds which have paid the fees of the maintenance and prudence funds

- The number of people’s credit funds which have yet to pay the fees of the maintenance and prudence funds

3. The operation cost of the maintenance and prudence fund.

4. The financial gaining and spending mechanism serving the operation of the maintenance and prudence fund.

5. The use to finance the people's credit funds during financial hardship, payment hardship to restore back to normal operation.

- The number of people's credit funds requesting for financing from the maintenance and prudence funds; The number of people's credit funds considered for financing from the maintenance and prudence funds; The amount of financing; The financing duration; The interest of the financing;

- The measures to monitor, rectify and reinforce the operation of the people’s credit funds receiving the financing;

- The implementation of examination and monitoring of the financing of the use of people’s credit fund;

- The handling of risks with respect to the irrecoverable financing;

6. The use of source of financing of the maintenance and prudence fund:

- Send at the cooperative banks or commercial banks according to the regulation on management and use of the maintenance and prudence fund; The deposit interest.

- Buy the bonds of the Government, treasury bills, the bills of the State bank of Vietnam

Form 03

REPORT

Results of internal supervision and audit
of the Board of Controllers of cooperative banks regarding the operation
and financial results of the maintenance and prudence fund

 (From January 01, …… to December 31, ……)

To: The State Bank of Vietnam

1. The management of the maintenance and prudence fund (the number of members of the Board of Controllers of the maintenance and prudence fund).

2. The internal supervision and audit duration of the Board of Controllers of the cooperative banks regarding the operation and financial results of the maintenance and prudence fund (The frequency and duration of internal audition)

3. The contents and results of internal supervision and audit of the Board of Controllers of the cooperative banks regarding the operation and financial results of the maintenance and prudence fund.

ANNEX NO. 04

Table Form No.09

Report on reconciliation of State Bank digital certificate list

From (dd/mm/yyyy) to (dd/mm/yyyy)

1. The list of specialized digital certificates of the State Bank and the use condition

2. Propositions and suggestions (if any)

…………………………

Note

1. Only send the list of digital certificates which are CHANGED relative to the list of digital certificates previously issued by the State Bank.

2. The list of digital certificates shall be arranged in ascending order of the unit/branch code

3. The column “Date of birth” shall be expressed in the 8-digit format (dd/mm/yyyy)

4. The column “Types of operation”: only specify the operation codes that are NO LONGER in use

The operation code at column (4) shall be determined as follows

5. The column “Use conditions”, specify the numerical values as follows:

Use condtions – 1: The digital certificates in use;

Use condtions = 0: The digital certificates NO LONGER in use.

ANNEX NO. 05

Form 01

Report on supervision of asset liquidation of (month) ……/………

I. The asset liquidation, asset categorization and other issues that emerged

II. Difficulties and problems (if any)

III. Propositions

ANNEX NO. 06

Form 01

Report on the goods import and use by money printing facility

 (Reporting period: …… quarter/……)

Part I. Goods import and use

1. The amount of each type of goods and materials imported in the reporting period

2. The amount of each type of goods and materials used in the reporting period

3. The use of the verification issued by the State Bank to the note-printing and coin-minting facility to initiate the procedures for goods and materials import

Part II. Propositions and suggestions (if any)

ANNEX NO. 07

Form 01

REPORT

Implementation of the plan to rectify holdings exceeding the limit of the …… quarter YEAR……….

I. The list of shareholders owning the share rates exceeding the limit

II. The results of rectifying the excessof ownership rate of shares

III. Difficulties and problems (if any)

IV. Suggestions and propositions (if any)

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