Nghị định 117/2018/NĐ-CP giữ bí mật cung cấp thông tin khách hàng của tổ chức tín dụng
THE GOVERNMENT
——-
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————
No. 117/2018/ND-CP
Hanoi, September 11, 2018
DECREE
PROTECTION OF CONFIDENTIALITY AND PROVISION OF CLIENT INFORMATION
OF CREDIT INSTITUTIONS AND FOREIGN BANKS’ BRANCHES
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Credit Institutions dated June 16, 2010;
Pursuant to the Law on
amendments to some Articles of the Law on Credit Institutions dated November
20, 2017;
Pursuant to the Law on
Deposit Insurance dated June 8, 2012;
At the request of the
Governor of the State Bank of Vietnam;
The Government hereby
promulgates a Decree on protection of confidentiality and provision of client
information of credit institutions and foreign banks’ branches.
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GENERAL
PROVISIONS
Article
1. Scope
1. This Decree provides
for protection of confidentiality and provision of client information of credit
institutions and foreign banks’ branches, except in the cases mentioned in
Clauses 2, 3 and 4 of this Article.
2. The protection of
confidentiality and provision of client information of credit institutions and
foreign banks’ branches that is on the list of state secrets shall comply with
regulations of the law on protection of state secrets.
3. The protection of
confidentiality and provision of client information of credit institutions and
foreign banks’ branches to the State Bank of Vietnam shall comply with
regulations of the Law on State Bank, Law on Credit Institutions 2010 amended
in 2017 and legal documents elaborating thereof.
4. The protection of
confidentiality and provision of client information of credit institutions and
foreign banks’ branches to organizations and individuals for the purposes of
preventing and fighting against money laundering and terrorism shall comply
with regulations of the law on prevention and fight against money laundering
and on prevention and fight against terrorism.
Article
2. Regulated entities
This Decree applies to:
1. Credit institutions
and foreign banks’ branches.
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3. Regulatory
authorities, other organizations or individuals provided with client
information by credit institutions and foreign banks’ branches.
4. Organizations and
individuals related to the provision of client information of credit
institutions and foreign banks’ branches.
Article
3. Definitions
For the purposes of this
Decree, the terms below shall be construed as follows:
1. “client information of
a credit institution or foreign bank’s branch” (hereinafter referred to as
“client information”) means information provided by a client and information
generated while the client requests or is provided with licensed banking
operations, products and services and includes client identification
information, account information, deposit information, property information,
transaction information and information about organizations and individuals
that are guarantors at a credit institution or foreign bank’s branch and other
relevant information.
2. “client identification
information” includes:
a) Regarding an
individual client: full name, signature sample, electronic signature, date of
birth, nationality, job, place of registered permanent residence, current
residential address, registered residence address in the foreign country
regarding a foreigner, phone number, email, number, date of issue and place of
issue of ID card or Citizen ID card or passport (information about visa
regarding the individual client who is a foreigner) of client or legal
representative or authorized representative (hereinafter referred to as “legal
representative”) and other relevant information;
b) Regarding the client
that is an organization: trading name, abbreviated name, establishment license
or decision, enterprise registration certificate or equivalent document;
address of the headquarters, phone number, fax, email and information of the
legal representative specified in Point a of this Clause and other relevant
information.
3. “information about
client’s account” means client identification information and includes account
name, number and balance, information relating to payment, money transfer,
money withdrawal or money receipt by a client and other relevant information.
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5. “information about
client’s deposited property” means information about client’s property
(articles, money, financial instruments, property rights) deposited at a credit
institution or foreign bank’s branch, and information about client’s property
managed and stored by a credit institution or foreign bank’s branch as
prescribed by law, and includes client identification information, property
name, property value, documentary evidences for the ownership or right to use
of or legitimate interests from client’s property and other relevant
information.
6. “information about
client’s transaction” means information generated from transactions between the
client and the credit institution or foreign bank’s branch and includes client
identification information, transaction documents, transaction time, number of
transactions, transaction value, transaction balance and other relevant
information.
7. “regulatory authority
that has the power to request client information” (hereinafter referred to as
“regulatory authority”) means an authority, unit or organization that belongs
to state administration system of the Socialist Republic of Vietnam having the
right to request a credit institution or foreign bank’s branch to provide
client information to perform its assigned duties as prescribed by law.
8. “other organizations”
are organizations that are not regulatory authorities specified in Clause 7 of
this Article.
Article
4. Principles of protection of confidentiality and provision of client
information
1. Client’s information
of credit institutions and foreign banks’ branches shall be kept confidential
and shall be only provided in accordance with regulations of the Law on Credit
Institutions 2010 amended in 2017, this Decree and relevant regulations of law.
2. Credit institutions
and foreign banks’ branches must not provide client’s authentication
information upon access to banking services, including client’s secret key,
biometric data, access password and client’s authentication information to any
entity, organization or individual unless such provision is authorized in
writing by that client or in any other form as agreed upon.
3. Regulatory
authorities, other organizations or individuals may request credit institutions
and foreign banks’ branches to provide client information for right purposes,
within the scope and power only if required by laws or accepted by clients and
must be responsible for that request.
4. Regulatory
authorities, other organizations or individuals must protect confidentiality of
client information and use client information to serve the predetermined
purposes upon request and must not provide such information to the third party
without the client’s consent unless otherwise prescribed by law.
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Article
5. Internal regulation on protection of confidentiality, storage and provision
of client information
1. Credit institutions
and foreign bank’s branches shall, according to regulations of law and this
Decree, promulgate internal regulation on protection of confidentiality,
storage and provision of client information and uniformly organize the
implementation thereof.
2. Internal regulation on
protection of confidentiality, storage and provision of client information
shall contain at least:
a) Procedures for
receiving, processing and providing client information; procedures for storing
and protecting confidentiality of client information;
b) Supervision and
inspection of implementation of internal regulation on protection of
confidentiality, storage and provision of client information and impose
penalties for violations thereof;
c) Delegation of power
and obligations of units and individuals upon protection of confidentiality,
storage and provision of client information.
Chapter
II
SPECIFIC
PROVISIONS
Section
1. PROTECTION OF CONFIDENTIALITY AND PROVISION OF CLIENT INFORMATION TO
REGULATORY AUTHORITIES
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1. Methods for requesting
and providing client information:
a) Direct method: client
information is requested or provided through post service providers or
electronic means, telecommunications network and computer network system.
The request for and
provision of client information through electronic means, telecommunications
network and computer network system shall adhere to regulations of law on
electronic transaction, guidelines from credit institutions and foreign banks’
branches and technical requirements laid down by parties;
b) Direct method: client
information is requested or provided at the credit institutions and foreign
banks’ branches and through representatives of parties.
2. Delivery and receipt
of client information:
a) Regarding the request
for and provision of client information through a post service provider: the
parcel containing client information shall be sent by registered mail and the
delivery and receipt of parcel included in the records of delivery and receipt
of parcel containing client information between the credit institution/foreign
bank’s branch and the post service provider.
b) The request for and
provision of client information through electronic means, telecommunications
network and computer network system: the transmission, receipt, provision and
storage of client information shall ensure information security and comply with
procedures according to regulations of law on electronic transaction,
cyberinformation security and guidelines from credit institutions and foreign
banks’ branches;
c) Regarding direct
method: the delivery and receipt of client information shall be made into a
record bearing the seal and signature of the competent person delegated by the
credit institution or foreign bank’s branch and signature of the representative
receiving client information.
Article
7. Time limit for providing client information
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2. In case the time limit
for providing client information for regulatory authorities is not specified by
a relevant law, the time limit for providing client information shall adhere to
the agreement between the credit institution/foreign bank’s branch and the
regulatory authority or internal regulation of the credit institution/foreign bank’s
branch, but not exceeding:
a) 10 working days from
the receipt of the satisfactory application for provision of client information
in accordance with regulations of this Decree in case client information is
simple and available;
b) 25 working days from
the receipt of the satisfactory application for provision of client information
in accordance with regulations of this Decree in case client information is
complex and unavailable.
Article
8. Procedures for providing client information
1. The regulatory authority
that wishes to obtain client information shall submit an application for
provision of client information to the credit institution/foreign bank’s branch
as prescribed in this Decree.
2. Upon receipt of the
application for provision of client information, the credit institution/foreign
bank’s branch shall follow the instructions below:
a) If the application for
provision of client information is satisfactory as prescribed in this Decree,
the credit institution/foreign bank’s branch shall collect and provide client
information for the regulatory authority according to the application and time
limit specified in Article 7 of this Decree.
If information is
provided directly to the representative of the regulatory authority, the credit
institution/foreign bank’s branch shall request the representative to present
his/her ID card or Citizen ID card or passport for comparison with that
specified in the application form for provision of client information before
the delivery and receipt of client information;
b) If the application for
provision of client information is unsatisfactory as prescribed in this Decree,
within 03 working days from the receipt of the application for provision of
client information, the credit institution/foreign bank’s branch shall request
the regulatory authority or representative to complete it as prescribed in this
Decree.
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Article
9. Application for provision of client information
An application for
provision of client information shall be composed of:
1. An application form
for provision of client information which is signed by the competent individual
specified in Article 10 of this Decree and contains the following contents:
a) Legal grounds for the
power to request client information;
b) Reason for and purpose
of providing client information, specifying the relation between the client and
the purpose of providing client information.
c) Content and scope of
client information, time limit for provision;
d) Methods for requesting
or providing client information; forms of the application form for provision of
client information (copy, physical copy, electronic copy and other forms
prescribed by law);
dd) Full name; ID card or
Citizen ID card or passport number; address and phone number of the
representative receiving client information if information is provided using
the method specified in Point b Clause 1 Article 6 of this Decree;
e) Other contents (if
any).
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3. The documents
specified in Clause 2 of this Article do not apply to the request for provision
of client information made by the regulatory authority for the purposes of
collecting information, documents and evidences for handling of crime reports
and petitions for prosecution; protecting national security; preventing and
fighting against violations of law within its jurisdiction.
Article
10. The power to sign application form for provision of client information
The application form for
provision of client information must be signed by:
1. Inspector-General or
Deputy Inspector-General; Chief Inspector of Ministry or Deputy Chief
Inspectors of Ministry; Chief Inspectors of provinces or Deputy Chief
Inspectors of provinces; Chief Inspectors of Departments or Deputy Chief
Inspectors of Departments; Chief Inspectors of districts or Deputy Chief
Inspectors of districts, heads or deputy heads of agencies assigned to carry
out specialized inspection, heads of inspectorates; members of inspectorates
prescribed by the law on inspection.
2. State Auditor General
or Deputy State Auditor General, chief auditors of specialized state audit
units or local state audit units, chiefs of audit delegations, leaders of
auditor teams, members of the audit delegation that are state auditors
prescribed by the law on State Audit Office of Vietnam.
3. Chief Procurators or
Deputy Chief Procurators, procurators of People’s Procuracies at all levels,
military procuracies at all levels prescribed by the laws on People’s
Procuracies.
4. Chief Justices, Deputy
Chief Justices, judges and examiners of Supreme People’s Courts, Superior
People’s Courts, People’s Courts of provinces and central-affiliated cities,
People’s Courts of districts and equivalent, Central Military Court, military
courts of military zones and the equivalent, regional military courts
prescribed by the laws on courts.
5. Chiefs, deputies and
investigators of investigating authorities within the system of investigating
authorities; chief and deputies of investigating authorities assigned to
investigate as prescribed by the laws on investigating authorities.
6. Chiefs or deputies of
professional agencies in the People’s Public Security force and the People’s
Army within the power prescribed by the laws on People’s Public Security Forces
and People’s Army.
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8. General Director or
Deputy General Directors of the General Department of Customs; Director or
Deputy Directors of Anti-smuggling and Investigation Department; Director or
Deputy Directors of Post Clearance Audit Department; Directors or Deputy
Directors of Departments of Customs of provinces, inter-provinces and cities;
Directors or Deputy Directors of Sub-departments of Customs; Directors or
Deputy Directors of Post Clearance Audit Sub-departments prescribed by the laws
on customs.
9. General Director or
Deputy General Directors of the General Department of Taxation; Director or
Deputy Directors of Departments of Inspection of General Department of
Taxation; Director or Deputy Directors of Taxation Departments; Directors or
Deputy Directors of Taxation Sub-departments prescribed by the laws on tax
administration.
10. Other individuals of
regulatory authorities prescribed by a relevant law having the power to sign
regulatory authorities’ application form for provision of client information
submitted to credit institutions and foreign banks’ branches.
Section
2. PROTECTION OF CONFIDENTIALITY AND PROVISION OF CLIENT INFORMATION TO OTHER
ORGANIZATIONS AND INDIVIDUALS
Article
11. Cases in which it is eligible to provide client information
1. A credit institution
or foreign bank’s branch shall only provide client information to other
organizations or individuals in one of the following cases:
a) Other organizations or
individuals having the right to request the credit institution or foreign
bank’s branch to provide client information are specified in codes, laws and
resolutions of the National Assembly.
b) The client’s consent
granted in writing or other forms under the agreement with the client is
available.
2. The credit institution
or foreign bank’s branch shall provide client information for the client or the
legal representative of that client.
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(028) 3930 3279
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0906 22 99 66
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1. Methods for requesting
or providing client information, time limit for providing client information
and procedures for providing client information of credit institutions and
foreign banks’ branches for other organizations or individuals as specified in
Point a Article 11 of this Decree shall comply with regulations of codes, laws
and resolutions of the National Assembly and legal documents elaborating such
codes, laws and resolutions.
2. In the cases where
methods for requesting or providing client information, time limit for
providing client information and procedures for providing client information of
credit institutions and foreign banks’ branches for other organizations or
individuals as specified in Point a Article 11 of this Decree are not specified
by codes, laws and resolutions of the National Assembly and legal documents
elaborating such codes, laws and resolutions, follow the instructions below:
a) Methods for requesting
or providing client information, time limit for providing client information
and procedures for providing client information shall comply with Article 6,
Clause 2 Article 7, and Article 8 of this Decree;
b) Application for
provision of client information shall comply with internal regulations of
credit institutions and foreign banks’ branches;
c) Methods for requesting
and providing, time limit, procedures and application for provision of
information about client’s insured deposit for deposit insurance corporations
shall adhere to regulations of the Law on Deposit Insurance, this Decree and
guidelines from deposit insurance corporations.
3. Methods for requesting
or providing client information, time limit for providing client information
and procedures and application for provision of client information of credit
institutions and foreign banks’ branches for organizations or individuals as
specified in Point b Clauses 1 and 2 Article 11 of this Decree shall adhere to
the agreement with the client and internal regulations of credit institutions and
foreign banks’ branches.
Section
3. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF CLIENTS, ORGANIZATIONS AND
INDIVIDUALS FOR PROTECTION OF CONFIDENTIALITY AND PROVISION OF CLIENT
INFORMATION
Article
13. Rights and obligations of clients
1. A client has the right
to:
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b) File complaints or
petitions or request compensation for any damage he/she suffers as prescribed
by law in the cases where the regulatory authority, another organization,
individual, credit institution or foreign bank’s branch provides or uses client
information against the law.
2. Every client has the
obligation to adhere to regulations of this Decree and guidelines from credit
institutions and foreign banks’ branches regarding provision of client
information.
Article
14. Rights and responsibilities of credit institutions and foreign banks’
branches
1. A credit institutions
or foreign bank’s branch has the right to:
a) Request regulatory
authorities, other organizations or individuals to complete applications for
provision of client information as prescribed in this Decree;
b) Refuse to provide
client information to regulatory authorities, other organizations or
individuals if the application for provision of client information fails to
comply with regulations of law and this Decree or the application is duplicated
or the requested information is not being stored by credit institutions and
foreign banks’ branches.
2. A credit institutions
or foreign bank’s branch has the responsibility to:
a) Provide client
information in a truthful, sufficient and promptly manner and within the scope of
the application form for provision of client information;
b) Ensure security and
confidentiality of client information during the provision, management, use and
storage thereof;
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d) Organize the
supervision and inspection of implementation of internal regulations on
protection of confidentiality, storage and provision of client information and
impose penalties for violations thereof;
dd) Take legal
responsibility for violation of regulations of this Decree and relevant
regulations of law.
Article
15. Rights and responsibilities of regulatory authorities, other organizations
or individuals
1. Regulatory
authorities, other organizations or individuals may request client information
of credit institutions and foreign banks’ branches in accordance with
regulations of this Decree and relevant regulations of law.
2. Regulatory
authorities, other organizations or individuals shall take legal responsibility
for revealing client information and using client information for the wrong
purpose in accordance with regulations of law and this Decree.
Chapter
III
IMPLEMENTATION
CLAUSE
Article
16. Transition clause
Regarding the client information
request that is made before the effective date of this Decree, credit
institutions and foreign banks’ branches shall provide client information in
accordance with regulations of law at the time of requesting information.
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. This Decree comes into
force from November 01, 2018.
2. This Decree replaces
the Government’s Decree No. 70/2000/ND-CP dated November 21, 2000.
Article
18. Implementation organization
Ministers, heads of
ministerial agencies, heads of Governmental agencies, Presidents of People’s
Committees of provinces and central-affiliated cities, credit institutions,
foreign banks’ branches and relevant organizations and individuals are
responsible for the implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
