Thông tư 01/2008/TT-NHNN

CIRCULAR

ON THE AMENDMENT, SUPPLEMENT OF THE CIRCULAR NO. 09/2003/TT-NHNN DATED 5 AUGUST 2003 GUIDING THE IMPLEMENTATION OF SEVERAL PROVISIONS OF THE DECREE NO. 55/2001/ND-CP DATED 23 AUGUST 2001 OF THE GOVERNMENT ON THE MANAGEMENT, PROVISION AND USE OF INTERNET

The State Bank of Vietnam provides the guidance on the amendment, supplement of several contents of the Circular No. 09/2003/TT-NHNN dated 5 August 2003 guiding the implementation of several provisions of the Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government on the management, provision and use of Internet as follows:

1. Paragraph 3, Section II shall be amended, supplemented as follows:

3. Organizations, units engaging in banking area, which desire to provide Internet based service must satisfy following conditions:

a. Availability of specific, clear requirements and purposes;

b. Availability of a computer information network with adequate equipments to facilitate the application, use of Internet and the examination, supervision to ensure the security and information secret.

c. Availability of a technicians team whose qualification and capacity is enough to satisfy requirements of technique and scale of the system;

d. Compliance with regulations of applicable laws on electronic transaction and the provision and use of Internet based services in banking area.

2. Paragraph 7, Section II shall be amended, supplemented as follows:

7. Authorities and responsibilities of organizations, units engaging in banking area, which are permitted to provide Internet based service in banking area.

a. Authorities:

- To decide on the use and provision of Internet based service in banking area of their own unit.

- To take the initiative of designing, establishment of safe technical equipment system, ensuring the safeness and security to provide Internet based service to users.

- To be entitled to choose confidential, security measures in line with provisions of applicable laws.

- To be entitled to use Internet based services in banking area upon demands and duties of their unit in accordance with the plan and regulations on the Internet resources management.

- To use administrative and technical measures in order to manage, exploit, use, provide Internet based services in banking area managed by themselves.

- To decide to suspend the provision of services or provide limited services in accordance with their units requirements.

b. Responsibilities:

- Head of organizations, units engaging in banking area which provide Internet based service in banking area shall be responsible to the Law for the use and provision of the Internet based service by their unit.

- To correctly implement provisions of current laws on management of Internet service and activity of the electronic information and press.

- To comply with provisions of the Law on electronic transactions, Decrees and related documents guiding the implementation of the Law on electronic transactions on the management, use and provision of Internet based service.

- To take self responsibility for damages, risks caused by the use of Internet.

- To suspend the provision of services or provide limited services in urgent cases in order to ensure national security upon request of competent State agencies.

- To take responsibilities to the law for making self-decision on suspending the provision of services or providing limited services.

- To closely control units, individuals that use and provide Internet based services managed by themselves.

- To provide guidance to users of Internet based services on the compliance with provisions on the exploitation, use of Internet based services in accordance with provisions of applicable laws.

- To fully perform terms, conditions stated in the contract, which has been entered into with a party to their Internet based services.

- To issue procedures and formalities of exploiting Internet service within the management scope of their unit.

- To disseminate, guide member units, users of Internet based services in banking area to implement this Circular and related documents.

- To register with related State management agencies for their use and provision of Internet based services to carry out examination, control activity in accordance with provisions of applicable laws.

3. Paragraph 9, Section II shall be amended, supplemented as follows:

9. The Banking Informatics Technology Department shall coordinate with

- State Bank Inspectorate to carry out the examination, control over the provision of Internet based services in banking area in accordance with provisions of current laws applicable to credit institutions.

- The General Control Department to carry out the examination, control over the provision of Internet based services in banking area in accordance with provisions of current laws applicable to units of SBV.

4. This Circular shall be effective after 15 days since its publication in the official gazette.

5. The Director of the Administrative Department, the Director of the Banking Informatics Technology Department, Chief Inspector of State Bank Inspectorate, Director of General Control Department, Head of units of the State Bank, General Managers of the State Bank's branches in provinces, cities under the central Government's management, Heads of organizations, units providing Internet services in banking area, Chairman of Board of Directors, General Directors (Directors) of credit institutions shall be responsible for the implementation of this Circular.

6. Any obstacle, which may arise during the implementation, should be timely reported to the State Bank for consideration and solution.