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State Bank of Vietnam Socialist Republic of Vietnam
No.159/QD-NH1 Independence-freedom-Happiness.
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Hanoi, August 19th, 1993
- Pursuant to the Ordinance on State Bank, Ordinance on Banks, Credit Cooperatives and financial Companies announced in the Order No 37 and No 38/LCT-HDNN8 on 24 May 1990;
- Pursuant to Decision No 15/CP issued on 02 March 1993 by the Government regarding duties; rights and responsibilities in the State control of Ministries and para - ministerial agencies;
- Upon the proposal of the Department Head of Economic Research Department;
Decides
Article 1 :
To promulgate in conjunction with this Decision the Regulations on, accounting and statistics information and report of Banking system.
Article 2 :
This Decision shall be effective as of October 01 1993;
Article 3 :
Department Head of Economic Research Department, chief Inspector of State Bank, Department Head of General Control Department shall be responsible for the co-guidance and control on the implementation of this Decision.
General Director, Director of Credit Organization, Vietnamese General Department for Gold, Silver and Precious Stone, Head of State Treasury shall have responsibility in guiding, implementing and controlling the performance of this Decision within their o wn entities.
Article 4 :
Office Chief, Department Heads of State Bank, General Director, Director of Credit Organizations, General Director of the Vietnamese General Department for Golf, Silver and Precious Stones, Chief of State Treasury, Directors of provincial/municipal State Bank Branches, Director of Transaction Service of State Bank shall be responsible for the implementation of this Decision.
for the State Bank Governor
CAO SY KIEM (Signed)
State Bank of Vietnam Socialist Republic of Vietnam
Independence-freedom-Happiness.
Hanoi dated 19 August 1993.
Article 1 :
Regulations on accounting, statistics information and report (shortly called information and report) shall be applied in Credit Organizations (including State Commercial Banks, Banks for Investment and Development, Joint Stock Commercial Banks, Branches o f foreign Banks in Vietnam, Joint Venture Banks, financial Companies and Credit Cooperatives), Vietnamese General Department for Gold, Silver and Precious Stone (GDGSPS), State treasury (ST), State Bank (SB) generally called the report-entity.
Article 2 :
The State Bank Governor shall stipulate the content of information and report comprising of target system, allocation method, calculating method, forms, periodic report and sending deadline, and shall be applied to the State Banks and Credit Organizatio n, GDGSPS, ST when they report to the SB.
Article 3 :
The report entities equipped with data transmitting systems must link the communication network with the SB for the transmitting of information and report, ensure that the information and report must be fast, in time, accurate and safe. The report entitie s which had not been equipped with the data transmitting system must inform and report in software discs to the SB.
Article 4 :
The Banking Information Center shall be responsible for the receipt of information and report transmitted by the report entities through computer network or sent by software discs, created accordingly to the regulation and then transmit to the Central St ate Bank.
Article 5 :
The Central State bank (Economic Research Department), Branches of provincial, municipal State Bank (General Department) are the main bodies that manage, provide, issue the data, documents, general information on money, credit, bank payment according to their assigned duties; receive and keep the data, documents, information beyond their scope of activities which are provided to them through the report sent to the State Bank by Statistics agencies and the general economic agencies.
Article 6 :
Banking data, information which are considered as national security must be managed, used, and communicated under the confidential regulation. The announcement and issuance of banking data, information which are considered as national secrecy must be appr oved by the State Bank Governor or his proxy.
Article 7 :
In order to ensure the requirement of concentration, unification and avoid overlapping, whenever there is a request to modify, amend or promulgate a new criteria, the forms of information, report on money, credit payment must be conformed with the Econom ic Research Department and must be presented to the State Bank Governor by its Department Head.
Article 8 :
Banking Information report must ensure the requirement of honest, objective, acute, full and in time features. Head of report entities must be responsible before the law for their information report.
Article 9 :
State Bank Inspector shall have responsibility to urge, supervise the Credit Organization, The State Treasury must seriously comply with the regulation on information report; if the violation occurs, it must be strictly punished according to the Regulati on No 168/QD-NH3 issued on 27 August 1992 by the State Bank Governor.
The General Control Department of State Bank shall be responsible for urging the entities which belong to the State Bank and seriously comply with the regulation on information report.
Chapter II
Content and Deadline of Information Report
Article 10 :
Credit Organization and State Treasury shall send to the State Bank the following reports :
10.1 The Balance sheet (to be exempted for State Treasury)
10.1.1 Every month, no later than the 10th of the following month, the 3rd level balance sheet of the previous month must be sent. The foreign Trade Bank of Vietnam shall send the 1st level monthly balance sheet.
10.1.2 Every year, no later than the 20th of January of the following year, the report on enterprise's real situation of the previous year must be sent.
10.2 Report on statistic targets :
10.2.1 The daily report on targets must be sent no later than the early morning of the following working day
10.2.2 The periodic fast target report (every 5,10,15 days and monthly)shall be stipulated as follows :
- At provinces/cities : Branches of the State Commercial Bank, Bank for Investment and Development. the Joint Stock Commercial Banks, the Joint Venture Banks between Vietnam and foreign countries, branches of foreign Banks, Company for Gold, Silver and Precious Stone, sub-department of State Treasury shall send to the branches of State Bank, Transaction Service of State Bank in the following day of the date terminating the periodic report.
- At the Central State Bank : Vietnamese State Commercial Banks, Banks for Investment and development, General Company for Gold, Silver and precious Stone, Department of State Treasury shall Write general reports and send them to the State Bank no later than 3 days after terminating the periodic report.
10.2.3 The official monthly target report must be sent no than the 10th of the following month.
10.2.4 The official quarterly target report must be sent no later than the beginning of the following quarter, and the annually report must be sent no later than the 20th of January of the following year.
10.2.5 Report on statistic targets shall be stipulated at Appendix No 1 attached with this regulation.
10.3 Information report on risk prevention shall be implemented according to the Decision No 140/QD-NH14 issued on 24 July 1993 by the State bank Governor.
10.4 The periodic instructing report in writing :
According to the current regulation of the State Bank Governor, this instructing report is only applicable to the State Commercial Banks, General Company for Gold, Silver and Precious Stone, State Banks. As per the stipulated deadline, these entities onl y send report to the Governor's office. The Governor's office shall copy and send them to the State Bank inspector, Economic Research Department, Credit Department, Department for financial Institutions, and other Departments/Agencies (if available) for u se.
Article 11 :
In necessary cases, the State Bank Governor, Directors of provincial/municipal State Bank Branches shall request the Credit Organizations, General Company for Gold, Silver and Precious Stones, State Treasury to suddenly provide the information Heads of re port-entities shall have responsibility to fully and timely respond.
Article 12 :
On the information report of the State Bank :
12.1 The Balance Sheet
12.1.1 Every month, no later than the 5th of the following month, branches of provincial/municipal State Bank Transaction Service shall send to the Central State Bank (Accounting - finance Department) the balance sheet of previous month.
12.1.2 Every year, no later than the 15, of January of the following year, branches of provincial/municipal State bank, State Bank Transaction Service shall send to the Central State Bank (Accounting - finance Department) the report on previous year real situation of entities.
12.1.3 No later than 5 days after receiving all monthly balance sheets and 10 days after receiving the report on annual real situation of dependent entities, the Accounting finance Department must collect and classify the balance sheets as well as the rep ort on entities' real situation of the State Bank System.
12.2 Report on statistic targets.
12.2.1 Report on statistic targets of branches of provincial/municipal State Bank shall be periodically carry out and in accordance with the deadline stated in Article 10.2 of the above-mentioned part with regard to the credit organizations, State Treasu ry.
12.2.2 Report on statistic targets of State Bank branches shall comprise of two parts
- Data collection and classification of credit organizations located in provincial/municipal area shall be sent to the Central State Bank.
- Target report of State Bank branches.
Article 13 :
The information, report beyond the amendment scope of this regulation, shall be carried out by report-entities according to the current regulation of the State Bank Governor and the powerful State managerial agencies.
Article 14 :
Regulation on the file structure of data and communication code, shall be instructed in writing by the Banking Information Center.
Chapter III
Process of Information and Report Sending
A. At province and cities :
Article 15 :
With regard to the Credit Organizations, State Treasury and Company for Gold, Silver and Precious Stones.
15.1 In fixed periods and deadlines, branches of State Commercials Banks, Banks for Investment and Development, Joint Stock Commercial Banks, branches of foreign Banks Joint Venture Banks, financial Companies, Credit Cooperatives shall transmit through the computer network or send software discs of the Balance Sheet and Report on statistic targets to branches of provincial, municipal banks (where the account is opened) : Simultaneously, send an original copy of Balance Sheet, enterprise's annual report and report on statistic target as stipulated, the sub-department of State Treasury is only requested to transmit through computer network and to send report on statistics targets to branches of provincial/municipal State Bank.
15.2 The Joint Stock Commercial banks, branches of foreign Banks, Joint venture Banks financial Companies having dependent branches must transmit through computer network and send one original copy of Balance Sheet detailing figures of the whole entity (e ntire system) to branches of State Bank (or State Banks Transaction Service) where the account is opened.
Article 16 :
With regard to the branches of provincial/municipal State Bank.
16.1 Computer Section or Department of State Bank Branches shall have responsibilities : To receive the balance sheet and report on statistic targets which had been sent to State Bank in paper and through computer network or in software discs by the repor t entities, To check the arithmetic accuracy of information report.
16.2 Directors of branches of provincial/municipal State Bank, State Bank transaction Service shall have responsibility to check the economic content to information and report targets of dependent entities.
16.3 No later than 1 day after checking the figures of information report, the Computer Section or Department shall handle them as follows :
- Transmit to the Banking Information center (from Phu Yen province inward, It must be transmitted to the Banking Information Center No 1 in order to transmit to the Banking Information Center, from Binh Dinh Province outward, it must be transmitted to th e Banking Information Center in Hanoi)
- Balance Sheet of the whole system of each Joint Stock Commercial Bank, Joint Venture Bank, branches of foreign Banks in Vietnam, financial Companies.
- Balance sheet of branches of provincial/municipal State Bank, State Bank transaction Service.
- Report on statistic targets must be reported to the Central State Bank in accordance with the regulation.
- Write reports and send them to the concerned Department, Section for their own use.
- After carrying out the aforesaid duties, must transmit the original copy of balance sheet and report on entity's statistic targets to the inspector of branches of provincial/municipal State Bank for management.
16.4 As to the information reports of State Bank managed by the Accounting - finance Department, besides the transmitting through computer network, the branches of provincial/municipal State Bank must send one original copy to the Central State Bank (Depa rtment of Accounting and finance).
B. At the Central State Bank
Article 17 :
With regard to the Credit Organizations and General Company for Gold, Silver and Precious Stones. As per the fixed period and deadline, the State Commercial Banks, Banks for Investment and Development, General Company for Gold, Silver and Precious Stones must transmit through computer network or send software discs to the Banking Information Center the Balance Sheet and report on statistic targets to the Banking Information Center.
Article 18 :
With regard to the Central State Bank :
18.1 The Banking Information Center shall have responsibilities :
- To receive information, report transmitted by Branches of provincial/municipal State Bank and Banking Information Center No.1 to the Central State Bank through computer network;
- To receive original information, report sent by Vietnamese Commercial State Banks, Banks Investment and Development, General Company for Gold, Silver and Precious Stones, State Treasury and data transmitted through computer network or software discs sen t to the Central State Bank.
- To check the arithmetic accuracy of information report.
- No later than one day after checking, to make statistic and report forms as stipulated in Annex 2 so as to transmit the information report to the computers of Agencies, Departments and State Bank's of Leaders as stipulated.
- To make programming for Agencies, Department of Central State Bank and Branches of provincial/municipal State Bank so that these entities can carry out and directly make use of the information report on P.C of the entities;
- To instruct Banking entities on information techniques, and to ensure that the transmission of information, report shall be thoroughly, timely, accurately and information shall be safety maintained.
- To pass the balance sheet and report on statistic targets (original copy) of report entities to the inspection body, central State Bank for management.
18.2 The Economic Research Department shall have responsibility :
- To base on the balance sheet and report on statistic targets, the statistic charts of money, credit, national payment shall be made in order to help the Board of Leaders manage and instruct the activities of Banking System.
18.3 The Accounting - finance Department shall have responsibility :
- To check the rightness, accuracy of accounting on the balance sheet of dependent State Bank Branches.
- To collect and classify, control the balance sheets and other professional reports of the State Bank in accordance with its assigned functions.
18.4 Agencies, Departments and other concerned entities of the Central State Bank, at their own assigned functions and duties, shall have responsibilities to make the professional statistic charts for their own use.
Article 19 :
The relationship among Agencies, Departments entities of the Central State Bank and Branches of provincial/municipal State Bank, State Bank Transaction Service in the management of using, exploiting of information report.
19.1 Credit Organizations, General Company for Gold, Silver and Precious Stones, State Treasury only send one copy of each report to the State Bank. So, Agencies, Department, entities of the Central State Bank; Department, Section entities of Branches of provincial/municipal State Bank, State Bank Transaction Service shall have rights to use the information report through computer network or directly contact in compliance with the regulation.
The concerned entities of State Bank shall have responsibility to fully and timely meet the need of information, report of the related entities so that they can rightly use in compliance with the regulation and to ensure that the information shall be thor oughly.
19.2 Information using and providing among the concerned entities of Central State Bank shall be stipulated in Annex 3 attached with this regulation. Information using and providing among dependent departments, sections, entities of State Bank Branches, State Bank Transaction Service shall be regulated be Branch Director of provincial/municipal State Bank, and Director of State Bank Transaction Service.
Chapter IV Handling of Breach
Article 20 :
Organizations or individuals who do not comply with the regulations on information report, that affects to the running of Banking operations and State managerial function of the State Bank, depending on their level of violation, shall be punished by admin istrative measures, financial measures or shall be investigated into criminal responsibilities by the powerful authority.
Chapter V Implementation Provision
Article 21
This regulation shall be effective as of 01 October 1993. Other previously promulgated regulations on information report contrary to this regulation shall be abrogated. The modification supplement to this regulation shall be decided by the State Bank Gov ernor.
for The State Bank of Vietnam Governor
CAO SY KIEM