Thông tư 27/2014/TT-NHNN sửa đổi hướng dẫn về hoạt động thông tin tín dụng

THE STATE BANK OF VIETNAM

Circular No. 27/2014/TT-NHNN dated September 18, 2014 of the Government on amending, supplementing a number of Articles of the Circular No. 16/2010/TT-NHNN dated June 25, 2010 guiding the implementation of the Decree No. 10/2010/ND-CP dated February 12, 2010 of the Government on credit information and related activities

Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the 1997 Law on Credit Institutions No. 47/2010/QH12 dated June 16, 2010;

Pursuant to the 2005 Business Law;

Pursuant to the Government’s Decree No. 156/2013/ND-CP dated November 11, 2013, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

Pursuant to the Government’s Decree No. 10/2010/ND-CP of February

12, 2010, on credit information-related activities;

At the proposal of the General Director of the National Credit Information Center

The State Bank Governor of Vietnam promulgates the Circular on amending, supplementing a number of Articles of the Circular No. 16/2010/TT-NHNN dated June 25, 2010 guiding the implementation of the Decree No. 10/2010/ND-CP dated February 12, 2010 of the Government on credit information - related activities

Article 1. To amend, supplement a number of Articles under the Circular No. 16/2010/TT-NHNN as follows:

1. To amend, supplement Clause 3 Article 4 as follows:

“3. Having managerial staff including persons with professional qualifications in finance, banking or information technology, specifically:

a) For members of the Board of Directors or the Members’ Council or partnership members:

They must possess a university or postgraduate degree, with at least a half of total members possessing a degree in finance, banking or information technology and they have worked for at least 3 years in finance, banking or information technology.

b) For the president of the Board of Management, President of Member’s Council

They must possess a university or postgraduate degree in finance, banking or information technology and have worked for at least 3 years in finance, banking or information technology.

c) For Director General (Director)

Possessing a university or postgraduate degree in finance, banking or information technology and having worked for at least 3 years as a manager or executive officer of a finance, banking or information technology company;

d) For Deputy Directors General (Deputy Directors)

Possessing a university or postgraduate degree in finance, banking or information technology and having worked for at least 2 years as a manager or executive officer of a finance, banking or information technology company;

dd) For members of the Control Board

Possessing a university or postgraduate degree in finance and banking, information technology and having worked for at least 2 years in finance, accounting, auditing, banking or information technology;

e) The time of having worked in the fields as specified under Point a, b, c, d and dd, Clause 3 of this Article is the time of being recruited, appointed or assigned to work in that field.

g) In addition to the criteria and conditions specified at Points a, b, c and d, Clause 3 of this Article, managerial post holders must satisfy other criteria and conditions under current law.”

2. To amend, supplement Clause 2 of Article 5 as follows:

“2. A dossier of application for a certificate shall be made in 5 (five) sets and submitted directly or by post to the State Bank (through Banking Inspection and Supervision Agency), of which:

a) At least 2 (two) sets contain:

i) Papers as specified under Point a, Point c(iii), c(iv), c(vii) Clause 1 of this Article and  curriculum vitae of managerial staff according to the form No. 02/TTTD is original.

ii) Remaining sets as stipulated under Clause 1 of this Article are copies. If papers are copies other than certified copies, enterprises must present the original ones to contrast; the person who contrasts must sign in the copies and be responsible for the accuracy of the copies.

b) Remaining sets containing papers specified at Point a, Clause 2 of this Article made by enterprises with a seal appended on every two adjoining pages. “

3. To amend, supplement Article 7 as follows:

“Article 7. Order of appraising dossiers of application for certificates

1. The Banking Inspection and Supervision Agency shall receive dossiers of application for certificates; act as the focal point and coordinate with the National Credit Information Center of Vietnam, Information Technology Department and the Legal Department in appraising dossiers of application for certificates.

2. Appraisal order:

a) The Banking Inspection and Supervision Agency shall receive and check the completeness and validity of papers and documents in dossiers of application for certificates. Within 5 working days after receiving a dossier, it shall:

i) In case the dossier is incomplete or invalid, request in writing the applicant to add certain papers or documents as stipulated;

ii) In case the dossier is complete and invalid, the Banking Inspection and Supervision Agency shall appraise conditions on working capital, managerial staff, risk management capacity of enterprises and request in writing concerned units to coordinate with it in appraising the following contents:

- The Information Technology Department shall The Information Technology Department shall appraise the applicant’s conditions on information technology infrastructure; and technological process and computer software for processing and storing information and providing service products to meet requirements of information confidentiality and safety;

- The Legal Department shall appraise the legality of dossiers and procedures; and handle legal matters arising in the appraisal of the applicant’s dossier.

- The Credit Information Center shall appraise conditions on business solutions; contents of agreements on the process of collecting, processing and storing and providing credit information among enterprises and credit issuing organizations as committed;

b) Within 15 working days since the receipt of the written request of request of the Banking Inspection and Supervision Agency, the units appraising dossiers must send their written appraisal to the Banking Inspection and Supervision Agency.

c) Within 10 working days after receiving all written appraisal of the units, the Banking Inspection and Supervision Agency shall summarize them and prepare a report on dossier appraisal to the State Bank Governor (the Governor) for signing a decision to grant a certificate. If refusal, it shall issue a document on refusal to grant a certificate and mention clearly the reasons.

4. To amend, supplement Clause 2, Article 8 as follows:

“2. Credit information companies shall preserve their certificates in good conditions through their operations. In case its certificate is lost, burnt, torn or otherwise damaged, a credit information company shall send dossiers directly or by post to request the State Bank (through the Banking Inspection and Supervision Agency) to consider and re-grant the certificate, specifically as follows:

a) In case the certificate is lost or burnt, a dossier comprises:

i) An application for re-grant of the certificate, clearly stating the cause of loss or burning;

ii) A written certification by a competent police office that the credit information company has declared the loss or burning of the certificate;

b) In case the certificate is torn or otherwise damaged, a dossier comprises:

i) An application for re-grant of the certificate, clearly stating the cause of tearing or damage;

ii) The torn or damaged certificate.

c) Within 15 working days after receiving a complete dossier of a credit information company, the Banking Inspection and Supervision Agency shall submit the dossier to the Government for consideration and re-grant of the certificate.”

5. To amend, supplement Article 10 as follows:

“Article 10. Dossiers of request for changes in contents of certificates

1. Credit information company shall make one set of dossier and send it directly or by post to the State Bank (through the Banking Inspection and Supervision Agency) for proposal for approval of the change in contents of the certificate, including:

a) Application for the change in contents of the certificate, clearly stating the reason for and necessity of the change in contents of the certificate;

b) A Resolution of the Shareholders’ General Meeting or the Members’ Council on the change in contents of the certificate;

c) Documents, papers proving the eligible maintenance in the case that changes in contents of the certificate are related to operation conditions of the credit information company (changes in contents of the certificate related to which operation conditions is subject to supplement that document, paper that prove that it meets that requirement). Depending on each specific case, the credit information company shall send original documents, papers or copies as stipulated under Point a, Clause 2, Article 5 of this Circular.

For example, if there is a change on legal representative, documents to prove that person fully meets requirements as stipulated must be supplemented; If there is a change on working capital, documents to prove that the source of capital is real and working capital after being raised is not lower than 30 billion dong must be supplemented …

d) Other documents, papers to prove the change in contents of the certificate (if any);

2. Within 10 working days after receiving a complete and valid dossier, the Banking Inspection and Supervision shall  submit  the  change  in  contents  of  the certificate  to  the  Governor  for  consideration  and  decision. If refusal, it shall issue a document on refusal and mention clearly the reasons.”

6. To amend, supplement Article 17 as follows:

“Article 17. Reports on credit information-related activities

1. A credit information company shall send to the State Bank the following reports and statements:

a) Quarterly and annual financial statements made as stipulated;

b) Operation report, covering: list and structure of products; a detailed list of  information  sources;  a  list  of  credit  providers  committing  to  provide information;  number  of  borrowers  by  group  (small-  and  medium-sized enterprises, households and  individuals); number of products provided  to each group of users; Operation  of  technological  equipment,  assurance  of  data  and information safety.

c) Report on occurrence of any  major  information  technology-related problem (such as broken in hardware/software; network system is hacked…) or there is any change in managerial  staff,  the agreement on  the process of collection, processing, storage and provision of  credit  information  between  the  credit  information  company  and  credit providers  having  committed  to  provide  information;  or  information technology infrastructure;

d) Other reports as requested by the State Bank.

2/ Deadline for sending report

a) Reports as specified under Point a, b Clause 1 of this Article shall be made quarterly, annually. Of which, quarterly report must be sent to the State Bank before the 20thday of the month following the reporting quarter; an annual report must be sent to the State Bank before February 15 of the year following the reporting year;

b) Reports as stipulated under Point c Clause 1 of this Article must be sent no later than 07 working days since the day of having the changes excluding reports on the occurrence of information technology problems, it must be reported in the day that occurs problems. If it occurs on the weekend or holiday, it must be reported on the first working day after the holiday.

3. The credit information company shall send the written reports as stipulated under Clause 1, Clause 2 of this Article to the State Bank.

4. The Banking Inspection and Supervision Agency shall act as the focal point to receive reports of the credit information company and be responsible to send to concerned units of the State Bank for the state management of credit information related activities.”

Article 2.Replacing the word phrase “the Credit Information Center” at Point 5 Article 4, Point d Clause 1 Article 12, Clause 2 Article 16, Article 19 of the Circular No. 16/2010/TT-NHNN by the word phrase “the National Credit Information Center of Vietnam”

Article 3. Effect

This Circular takes effect on November 01, 2014.

Article 4. Implementation organization

The  Chief  of  the  Office,  the  director  of  the Banking Inspection and Supervision Agency, the General Director of the National Credit  Information  Center of Vietnam, heads of the units under the State Bank of Vietnam and the directors of the State Bank’s  branches  in  provinces  and  centrally  run  cities,  chairmen  of Boards of Management, Council’s members and directors general (directors) of credit information companies shall implement this Circular.-

For the Governor

The Deputy Governor

Nguyen Phuoc Thanh