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| STATE BANK OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
| No. 15/2023/TT-NHNN | Hanoi, December 5, 2023 |
CIRCULAR
CREDIT INFORMATION-RELATED ACTIVITIES OF STATE BANK OF VIETNAM
Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law on Amendments to the Law on Credit Institutions dated November 20, 2017;
Pursuant to Decree No. 102/2022/ND-CP dated December 12, 2022 of the Government of Vietnam on functions, tasks, entitlements, and organizational structure of the State Bank of Vietnam;
At the Chief Inspector of the Banking Inspection and Supervision Agency;
The Governor of the State Bank of Vietnam hereby promulgates a Circular on credit information-related activities of the State Bank of Vietnam (hereinafter referred to as “SBV”).
Chapter I
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Article 1. Scope
This Circular provides for credit information-related activities of SBV organized and implemented by the Vietnam National Credit Information Center (hereinafter referred to as "CIC").
Article 2. Regulated entities
1. Departments, Divisions, and units under the organizational structure of SBV, SBV branches in provinces, centrally affiliated cities, and asset management single-member limited liability companies of Vietnamese credit institutions (hereinafter referred to as “SBV units”).
2. Credit institutions and foreign bank branches (hereinafter referred to as “credit institutions”).
3. Organizations voluntarily participate in credit information-related activities (hereinafter referred to as “voluntary organizations”).
4. Borrowers.
5. Other organizations and individuals involved in credit information-related activities.
Article 3. Interpretation of terms
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1. Credit information-related activities of SBV (hereinafter referred to as “credit information-related activities”) refer to the collection, exchange, handling, archiving, and confidentiality of credit information, establishment of credit information products, and provision of credit information services of SBV.
2. Credit information refers to the collection of data concerning credit extended to borrowers at credit institutions and debts of borrowers managed by voluntary organizations.
3. Borrower refers to an organization (excluding credit institutions) and/or individual to whom credit is extended by a credit institution or is obligated to pay debts at a voluntary organization.
4. Related person of borrower refers to an organization and/or individual having a direct or indirect relationship with a borrower of a credit institution according to the Law on Credit Institutions and regulations of SBV on limits and prudential ratios of credit institutions.
5. Credit information product refers to a credit report, scoring report, credit ranking, or other products established by CIC based on the collected information according to Article 8 of this Circular.
6. Credit information services are services of provision of credit information products and other utilities of CIC.
7. National Credit Information Database refers to the collection of credit information and credit information products collected, handled, retained, and used on the information system of CIC.
8. Voluntary organizations refer to organizations with information exchange contracts with CIC on the principle of voluntary declaration of credit information provision and credit information service use, including:
a) Development investment funds, development support funds, environmental protection funds, credit guarantee funds, and organizations implementing programs and projects on microfinance;
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c) Providers of services of loans, guarantee insurance, asset lease, deferred-payment procurement, installment-payment procurement, pawnbrokers with conditions for interests, terms, rental, and obligation security according to laws.
9. Negative information on borrowers refers to information on bad debts, violations of payment obligations, and other disadvantaged information affecting the results of the assessment of the solvency of borrowers (including information on bankruptcy, administrative violations, and Courts’ judgments and decisions legally effective to borrowers).
10. Foreign credit information organizations are organizations established and operated under foreign credit information laws.
Article 4. Purposes of credit information-related activities
Credit information-related activities aim to establish the National Credit Information Database to:
1. Enable SBV to carry out the state management of fields of banking and currencies.
2. Assist credit institutions and voluntary organizations in their business operations.
3. Assist borrowers in accessing capital sources meeting their life-related, economic, and social needs as prescribed by laws.
4. Assist other organizations in accessing credit information as prescribed by laws.
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1. Comply with personal data protection laws and relevant laws.
2. Ensure objectivity and prevent any impact on legitimate rights and benefits of relevant organizations and individuals.
3. Ensure accuracy, truthfulness, adequacy, and timeliness of credit information provided for CIC as prescribed in Articles 8, 9, and 10 of this Circular.
Article 6. Credit information safety and confidentiality
CIC, credit institutions, voluntary organizations, and other organizations providing credit information shall:
1. Adopt measures to protect credit information to prevent loss and illegal access, use, or disclosure.
2. Adopt measures to restore data in case of error, loss, or damage and measures to restore operations after the occurrence of the mentioned case.
3. Ensure safety and confidentiality of credit information according to this Circular and information safety and confidentiality laws.
Article 7. Forbidden acts in credit information-related activities
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2. Deliberately falsifying credit information, affecting legitimate rights and benefits of relevant organizations and individuals.
3. Exchanging and providing information for incorrect subjects or third parties contrary to laws.
4. Taking advantage of credit information-related activities to infringe on the benefits of the State and legitimate rights and benefits of organizations and individuals.
5. Obstructing the collection and utilization of legal credit information of organizations and individuals.
Chapter II
CREDIT INFORMATION-RELATED ACTIVITIES
Article 8. Information collection
CIC is allowed to collect:
1. Credit information provided by credit institutions and voluntary organizations according to this Circular.
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3. Information from state management authorities and other legal sources of information as prescribed by laws.
Article 9. Credit information provided for CIC
1. Credit institutions shall provide all of the information from the system of credit information categories in each period for CIC under decisions of the Governor of SBV. Credit information categories include:
a) Information on the identification of borrowers;
b) Information on related persons of borrowers (to whom credit is extended by credit institutions capable of credit extension);
c) Information on loans and other credit extension operations (excluding the groups of categories prescribed in Points d and dd);
d) Information on credit cards;
d) Information on purchase and authorized purchase of corporate bonds (excluding credit institutions);
e) Information on measures to guarantee credit extension;
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h) Information on the off-balance sheet;
i) Annual financial statement (according to the financial statement submitted to the tax authority or the audited financial statement) of the borrower that is an enterprise.
2. Voluntary organizations shall provide all or part of the information from the system of credit information categories for CIC as prescribed in Clause 1 of this Article based on information exchange contracts with CIC.
3. The provision of credit information prescribed in Clause 1 and Clause 2 of this Article shall be carried out in the form of electronic data files according to the system of credit information categories. In case several or all of the groups of credit information categories are unable to provide information in the form of electronic data files, credit institutions and voluntary organizations may provide information in writing based on agreements with CIC.
Article 10. Frequency of provision of credit information
The frequency of provision of the information in the categories prescribed in Clause 1 Article 9 of this Circular is as follows:
1. Credit institutions shall provide information with the frequency prescribed in the system of credit information categories enclosed with decisions of the Governor of the SBV, excluding regulations prescribed in Clause 2 and Clause 3 of this Article.
2. The Vietnam Bank for Social Policies shall provide credit information twice a month.
3. The People’s Credit Fund and microfinance institutions shall provide credit information once a month.
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1. CIC shall use technological and technical measures concerning receipt, standardization, data cleansing, pairing, and update to handle credit information of the National Credit Information Database.
2. Credit information shall be retained at CIC for at least 5 years from its date of occurrence.
3. Credit information processing and retention shall ensure the integrity, adequacy, and accuracy of the information, enabling the utilization and extraction of such information according to CIC's needs.
Article 12. Eligible recipients of credit information and scope thereof
1. Units of SBV may be provided with credit information products to serve the state management requirements of SBV.
2. Other state management authorities may be provided with credit information according to laws.
3. Credit institutions and voluntary organizations may be provided with credit information services based on contracts concluded with CIC.
4. Borrowers may be provided with their credit information according to the guidelines of CIC.
5. Foreign credit information organizations may be provided with and utilize and exchange credit information products concerning borrowers based on memorandums of understanding, cooperation agreements, and contracts concluded with CIC in conformity with relevant Vietnamese laws and laws of countries where such organizations are established and operated.
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Article 13. Credit information provision restrictions
1. Negative information on borrowers shall only be provided for up to 5 years from the ending date of such information, excluding other cases where the provision of such information is requested by state management authorities as prescribed by laws.
2. Voluntary organizations may only be provided with credit information services corresponding to the scope of information that they provide for CIC under information exchange contracts.
3. Organizations and individuals violating Articles 5, 6, and 7 of this Circular and other laws shall be suspended from utilizing credit information services based on agreement contracts with CIC.
Chapter III
RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS IN CREDIT INFORMATION-RELATED ACTIVITIES
Article 14. Rights and obligations of CIC
1. Develop decisions on the system of credit information categories and present them to the Governor of SBV.
2. Urge, inspect, and supervise the provision of credit information of credit institutions and credit information-related activities of voluntary organizations according to contracts concluded with CIC.
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4. Establish credit information products for provision at the requests of units of SBV according to Clause 1 Article 12 of this Circular.
5. Provide training for credit information staff according to the needs of credit institutions and voluntary organizations.
6. Provide credit information services following the public service provider model and implement financial autonomy regulations according to regulations of the Government of Vietnam.
7. Promulgate criteria for and implement the assessment of the quality of credit information provision for CIC; apply encouragement measures to organizations and individuals that carry out credit information-related activities well; request competent authorities to handle violations against regulations on credit information-related activities.
8. Carry out other rights and obligations according to this Circular and relevant laws.
Article 15. Rights and duties of units of SBV
1. Units of SBV may request CIC to provide information and credit information products to carry out the functions and tasks of state management of units of SBV.
2. The Banking Inspection and Supervision Agency shall take charge and cooperate with CIC and relevant units in inspecting credit information-related activities at credit institutions.
3. SBV branches in provinces and centrally affiliated cities shall take charge and cooperate with CIC and relevant units in inspecting credit information-related activities at credit institutions in their areas.
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Article 16. Rights and obligations of credit institutions
1. Establish information infrastructures meeting the requirements for the establishment of data and control of data provided for CIC; issue internal regulations and manage the system of credit information categories in their whole system.
2. Adequately and promptly pay fees for utilization and use of credit information services according to contracts concluded with CIC.
3. Send officials and employees to participate in courses of professional training in credit information organized or jointly organized by CIC.
4. Carry out other rights and obligations according to agreements with CIC and relevant laws.
Article 17. Rights and obligations of voluntary organizations
1. Ensure the consensus of borrowers on the provision of credit information for CIC.
2. Adequately and promptly pay fees for utilization and use of credit information services according to agreements in contracts concluded with CIC.
3. Send officials and employees to participate in courses of professional training in credit information organized or jointly organized by CIC.
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Article 18. Rights and obligations of borrowers
1. Utilize their credit information prescribed in Points a, c, d, dd, e, and h Clause 1 Article 9 and Clause 4 Article 12 of this Circular once per year free of charge.
2. Use credit information products concerning themselves according to the guidelines of CIC.
3. Adequately and promptly pay fees for utilization and use of credit information services according to the regulations of CIC.
4. Carry out other rights and obligations according to the regulations of CIC and relevant laws.
Chapter IV
ADJUSTMENTS TO DATA ERRORS AND HANDLING OF VIOLATIONS
Article 19. Adjustments to data errors
1. If CIC detects or suspects that data contains errors, it shall cooperate with credit institutions and voluntary organizations in assessing and adjusting data as follows:
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b) Regarding data suspected to contain errors, CIC shall return all of the data or parts of the data suspected to contain errors. Within 3 working days, credit institutions and voluntary organizations shall inspect, re-verify data, notify CIC of the results, and adjust the data according to Clause 3 of this Article in case of errors.
2. In case credit institutions and voluntary organizations detect that data at CIC contains errors, they shall notify CIC of such errors through electronic systems or written documents to request adjustments. If CIC verifies that the errors are caused by CIC, within 3 working days from the verification date, it shall adjust the data according to the requests.
3. In case of detecting data errors, credit organizations and voluntary organizations shall re-send the data on credit information with confirmation (by written documents or e-signatures) of the General Directors (Directors) or authorized persons, specifying the reasons for such errors and requesting CIC to adjust them.
4. In case borrowers detect errors in their credit information, they shall request CIC, credit institutions, and voluntary organizations (hereinafter referred to as “receiving organizations”) to adjust the information. Requests for adjustments shall be made through electronic systems or sent in the form of written documents specifying the reasons for requests and providing documents and evidence proving the errors of data.
a) Within 5 working days from the date on which requests are received, receiving organizations shall notify borrowers of the validity of such requests. In case additional information is needed for the settlement, receiving organizations shall notify borrowers of the necessity for the provision of additional information and relevant documents;
b) Within 10 working days from the date on which valid requests are received, receiving organizations shall carry out the settlement as per regulation. In case it is necessary to inspect and verify the requested contents at relevant agencies and organizations, receiving organizations may extend the time limit for settling requests according to actual situations while notifying borrowers of the reasons for the extension;
c) Within 2 working days from the date the data is adjusted, receiving organizations shall notify borrowers of the adjustment results.
Article 20. Handling of violations
Organizations and individuals violating this Circular shall, depending on the nature and severity of their violations, be subject to restriction of access to credit information according to Article 13 of this Circular and handled as prescribed by laws.
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IMPLEMENTATION PROVISIONS
Article 21. Transitional provision
1. CIC shall proactively carry out the conversion of credit information created in the last 5 years before the effective date of this Circular according to the system of credit information categories as prescribed in decisions of the Governor of SBV. Credit institutions and voluntary organizations shall cooperate in providing converted information for CIC in case of necessity.
2. Within 60 days from the effective date of this Circular, CIC shall reach agreements with voluntary organizations to re-sign or amend contracts concluded with them to ensure conformity with regulations on the frequency and scope of credit information provision, declaration of compliance with information safety and security regulations of this Circular, and responsibilities for cooperation in providing converted information for CIC according to Clause 1 of this Article.
Article 22. Entry into force
1. This Circular comes into force as of January 1, 2025.
2. The following documents shall be annulled from the effective date of this Circular:
a) Circular No. 03/2013/TT-NHNN dated January 28, 2013 of the Governor of SBV;
b) Circular No. 27/2017/TT-NHNN dated December 31, 2017 of the Governor of SBV.
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Chief of Office, Chief Inspector of the Banking Inspection and Supervision Agency, General Director of the Vietnam National Credit Information Center, directors of units of SBV, credit institutions, and relevant organizations and individuals shall implement this Circular.
PP. GOVERNOR
DEPUTY GOVERNOR
Pham Tien Dung
Circular No. 15/2023/TT-NHNN dated December 5, 2023 on credit information-related activities of State Bank of Vietnam
- Số hiệu: 15/2023/TT-NHNN
- Loại văn bản: Thông tư
- Ngày ban hành: 05/12/2023
- Nơi ban hành: Ngân hàng Nhà nước Việt Nam
- Người ký: Phạm Tiến Dũng
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 01/01/2025
- Tình trạng hiệu lực: Kiểm tra
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