THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Vietnam State Bank Law No.01/1997/QH10 of December 12, 1997;
Pursuant to Credit Institutions Law No.02/1997/QH10 of December 12, 1997;
Pursuant to the Ordinance on the Protection of State Secretes of October 28, 1991;
At the proposal of the Governor of Vietnam State Bank,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Objects and scope of application
1. This Decree provides for keeping secret, archiving and providing information related to the money and properties deposited by customers at credit institutions and organizations other than credit institutions, engaged in banking operations (in this Decree referred collectively to as institutions) under the provisions of the Credit Institutions Law.
2. Information related to the customers� deposit money and properties, which is "secret" information on the list of the State�s secrets in banking sector, shall be archived and protected according to the State regime on confidentiality.
Article 2.- Deposit money and properties and relevant information
1. Customers� deposit money include Vietnam dong and foreign currencies deposited by organizations and individuals in form of demand deposits or time deposits (including savings) and other forms.
2. Customers� deposit properties include objects, valuable papers and property rights prescribed by law.
3. Information related to the customers� deposit money includes account numbers, sample signatures of account holders or their authorized persons, information on operation turnovers and account balances.
4. Relevant information also includes information on the transactions of depositing, withdrawing or transferring the customers� money and properties; contents of documents, papers and materials; names and sample signatures of the money and property depositors.
Chapter II
SPECIFIC PROVISIONS
Article 3.- Rights and obligations of institutions receiving the customers� deposit money and properties
1. The institutions and their staff must neither provide nor disclose information related to the customers� deposit money and properties, except for cases prescribed in Articles 5 and 6 of this Decree.
2. To report immediately to the Vietnam State Bank upon detection of any signs of the customers� illegal deposit money or properties.
3. To initiate lawsuits according to law provisions against organizations or individuals that commit acts of coercing the provision of information related to the customers� deposit money and properties in contravention of the provisions of this Decree.
4. To provide truthful and accurate information related to the customers� deposit money and properties to the right subjects.
Article 4.- Rights of the money and property depositors
1. To lodge complaints or initiate lawsuits against the institutions receiving deposit money and properties if the latter provide relevant information in contravention of law provisions or to wrong subjects, inaccurately or untruthfully.
2. To be compensated by the institutions receiving deposit money and properties for any damage caused due to the provision of deposit money and property-related information, which is wrong, not for the right subjects, inaccurate or untruthful.
Article 5.- Information provision
The institutions receiving the customers� deposit money and properties are allowed to provide information related thereto only in the following cases:
1. At the requests of the customers or their authorized persons as prescribed by law.
2. In service of internal operations of the institutions that receive the customers� deposit money and properties.
3. At the written requests of the general directors of deposit-insuring organizations when such organizations exercise their rights and perform their obligations according to the provisions in the Government�s Decree No.89/1999/ND-CP of September 1, 1999 on deposit insurance and relevant legal documents.
4. At the written requests of State bodies in the course of inspection, investigation, prosecution, court trial or judgement execution which falls under their competence, as prescribed by law. In this case, the documents requesting the provision of information related to the customers� deposit money and properties must be signed by the following competent persons:
a/ The Chairman or Vice Chairmen of the Supreme People�s Procuracy; the Chief Judge or Deputy Chief Judges of the Supreme People�s Court; or judges of the people�s courts in compliance with the provisions of legal documents issued by the National Assembly and National Assembly Standing Committee;
b/ The Chairman or Vice Chairmen of the Military Procuracy; the Chief Judge or Deputy Chief Judges of the Military Court, or judges of the military courts of military zone or higher levels;
c/ The heads or deputy heads of the functional Departments under the Ministry of Public Security; the directors or deputy directors of the Public Security Services of the provinces and centrally-run cities; the heads or deputy heads of the ministerial-level investigation agencies or investigation agencies of the provincial/municipal Public Security Services; the heads or deputy heads of the investigation agencies of the military zone or higher levels in the Vietnam People�s Army;
d/ The executors or the heads of the judgement enforcement agencies of different levels, that are assigned to execute judgments under decisions of courts of different levels;
e/ The State Inspector General or his/her Deputies; the chief inspectors or deputy-chief inspectors of the State and specialized inspectorates and the heads of the provincial- or higher- level inspection delegations set up under the provisions of inspection legislation for consideration and settlement of complaints and denunciations and fight against corruption.
Article 6.- Provision of information among credit institutions
1. Credit institutions are allowed to provide each other with information related to the customers� deposit money and properties.
2. When providing information related to the customers� deposit money and properties, credit institutions shall have to strictly comply with the law provisions on the protection of State secrets as well as the following provisions:
a/ Credit institutions� requests for the provision of information related to customers� deposit money and properties must be made in writing and signed by the general directors (directors) of such credit institutions or their authorized persons.
b/ Credit institutions provided with information related to customers� deposit money and properties may only use this information for their internal operations.
Article 7.- The information-provision process
1. The study and duplication of data related to the customers� deposit money and properties shall be decided by the general directors (directors) of the institutions having such data or their authorized persons.
2. The information provision must be recorded in "minutes on information provision" and comply with the regulations on the protection of State secrets.
Article 8.- Information archive and preservation
Documents requesting the provision of information related to the customers� deposit money and properties as well as the provided information must be archived and preserved according to the current State regime on archive and preservation.
Article 9.- Handling of violations
Organizations and individuals shall have to strictly abide by this Decree�s provisions on keeping secret, archiving and providing information related to the customers� deposit money and properties as well as other relevant provisions of law. Organizations or individuals that commit acts of violation shall, depending on the nature and seriousness of their violations, be disciplined, administratively handled or examined for penal liability and, if causing damage, pay compensation therefor as prescribed by law.
Chapter III
IMPLEMENTATION PROVISIONS
Article 10.- Implementation effect
This Decree takes effect 15 days after its signing.
Article 11.- Implementation provisions
1. The Vietnam State Bank Governor shall have to guide the implementation of this Decree.
2. The general directors (directors) of credit institutions and organizations other than credit institutions, engaged in banking operations as well as concerned individuals shall have to implement this Decree.
3. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall have to implement this Decree.
On behalf of the Government
Prime Minister
PHAN VAN KHAI