CIRCULAR

AMENDMENT TO CIRCULAR NO. 17/2015/TT-NHNN DATED OCTOBER 21, 2015 OF THE GOVERNOR OF STATE BANK OF VIETNAM ON BANKING CODE SYSTEM FOR USE IN BANKING ACTIVITIES AND OPERATIONS

Pursuant to the Law on State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated June 16, 2010; Law on amendment 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 on functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

At request of Director of Information Technology Department;

The Governor of State Bank of Vietnam promulgates Circular on amendment to Circular No. 17/2015/TT-NHNN dated October 21, 2015 of the Governor of State Bank of Vietnam on banking code system for use in banking activities and operations (hereinafter referred to as “Circular No. 17/2015/TT-NHNN”).

Article 1. Amendment to Circular No. 17/2015/TT-NHNN

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“1. Internal operations of State Bank of Vietnam (hereinafter referred to as “SBV”);”.

2. Amend Clause 3 Article 1:

“3. Electronic report and data exchange activities with the SBV.”.

3. Amend Clause 5 Article 3:

“5. Entities affiliated to SBV refer to entities within organizational structures of SBV according to regulations of the Government on functions, tasks, powers, and organizational structures of State Bank of Vietnam.”.

4. Amend Clause 7 Article 3:

 “7. Submission of request for banking code, cancellation of banking code, revision to information of banking code on Public Service Portal of SBV means to create and submit online request via Public Service Portal of SBV utilizing digital signatures issued by the SBV in accordance with regulations on management and use of digital signature, digital certificate, and digital signature authentication of SBV.”.

5. Amend Article 9:

“Article 9. Procedures for issuance of banking code

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2. In respect of credit institutions (other than people’s credit funds) and foreign bank’s branches (hereinafter referred to as “FBB”), within 10 working days from the date on which credit institutions obtain license to establish and operate (new establishment, merger, acquisition, partial division, full division) or FBBs obtain license to operate, credit institutions and FBBs shall send written request for banking code via post service to SBV or directly at Single-window Department of SBV. The request consists of:

a) Written request for banking code under Appendix 1 attached hereto;

b) Written request for account of public services regarding banking code under Appendix 4 attached hereto.

3. In respect of dependent entities and wholly foreign-owned banks of credit institutions under Clause 2 of this Article, within 10 working days from the date on which written approval for establishment of dependent entities and wholly foreign-owned banks of SBV is obtained, credit institutions shall produce request for banking code on Public Service Portal under Appendix 1 attached hereto.

4. In respect of people’s credit funds, within 10 working days from the date on which license to establish and operate is issued, branches of SBV in provinces and central-affiliated cities where people’s credit funds are headquartered shall produce request for banking code on Public Service Portal of SBV according to Appendix 1 attached hereto.

5. In respect of State Treasury of all levels that request banking code, Central State Treasury shall produce request for banking code on Public Service Portal of SBV in accordance with Appendix 1 attached hereto.

6. In respect of other organizations that report and exchange data electronically relating to SBV and request for banking code, these organizations shall send request for banking code via post service to SBV or directly to Single-window Department of SBV. The request consists of documents under Point a and Point b Clause 2 of this Article.

7. Upon receiving request for banking code, Information Technology Department shall examine the request, cooperate with entities of SBV (in respect of request for banking code of entities affiliated to SBV, credit institutions, FBBs, other organizations obtaining license to operate issued by SBV) or access National database on enterprise operation registration (in respect of request for banking code of other organizations) to cross-examine operation conditions and information in accordance with Clause 1 Article 8 hereof. Within 3 working days from the date on which adequate written request is received, Information Technology Department shall issue banking code, send results to applicants, and issue electronic notification regarding issuance of banking code on Public Service Portal of SBV in accordance with Appendix 5 attached hereto;

In respect of rejection, Information Technology Department shall state reason for rejection via means which the applicants send the request.”.

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“Article 10. Procedures for cancellation of banking code

1. In respect of entities affiliated to SBV, within 10 working days from the date on which these entities cease to operate, Organization and Personnel Department shall send request for cancellation of banking code in accordance with Appendix 2 attached hereto Information Technology Department via Document Management and Coordination system of the SBV.

2. In respect of credit institutions (other than people’s credit funds) and FBBs, within 10 working days from the date on which credit institutions or FBBs issue Decision on dissolution, bankruptcy, or termination, Bank Supervision and Inspection Agency shall send request for cancellation of banking code in accordance with Appendix 2 attached hereto to Information Technology Department via Document Management and Coordination system of the SBV.

3. In respect of credit institutions that are consolidated or acquired, within 10 working days from the date on which decision on consolidation or acquisition is issued, acquiring credit institutions and consolidated credit institutions shall submit request for cancellation of banking code in respect of acquired credit institutions and consolidating credit institutions in accordance with Appendix 2 hereof via Public Service Portal of SBV.

4. In respect of dependent entities and wholly foreign-owned banks of credit institutions (other than people's credit funds), within 10 working days from the date on which decision on termination of operation or written approval for establishment of dependent entities or wholly foreign-owned banks of SBV expires or when professional operations or electronic data exchange via SBV is no longer needed, credit institutions shall produce request for cancellation of banking code on Public Service Portal of SBV in accordance with Appendix 2 attached hereto.

5. In respect of people’s credit funds, within 10 working days from the date on which Decision on dissolution, bankruptcy is issued, SBV branches of provinces and central-affiliated cities where people’s credit funds are headquartered shall produce request for cancellation of banking code on Public Service Portal of SBV in accordance with Appendix 2 attached hereto.

6. In respect of State Treasury of all levels, within 10 working days from the date on which Decision on termination of operation is issued or when professional operation, electronic data exchange via SBV is no longer needed, the Central State Treasury shall produce request for cancellation of banking code on Public Service Portal of SBV in accordance with Appendix 2 attached hereto.

7. In respect of other organizations reporting and/or engaging in electronic data exchange relating to SBV and requesting cancellation of banking code, these entities shall produce request for cancellation of banking code on Public Service Portal of SBV in accordance with Appendix 2 attached hereto.

8. Upon receiving request for cancellation of banking code, Information Technology Department shall examine the contents, cooperate with entities of SBV or access National Database on enterprise registration in order to cross-examine documents. Within 3 working days from the date on which adequate written request is received, Information Technology Department shall cancel banking code, send results to applicants, and issue electronic notification regarding cancellation of banking code on Public Service Portal of SBV in accordance with Appendix 6 attached hereto;

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7. Amend Article 11:

“Article 11. Procedures for revising banking information

1. In respect of entities affiliated to SBV (other than SBV branches of provinces and central-affiliated cities), within 10 working days from the date on which changes to banking information under Clause 1 Article 8 hereof are made, the entities shall send written request for revision to banking information in accordance with Appendix 3 attached hereto to Information Technology Department via Document Management and Coordination system of the SBV.

2. In respect of credit institutions (other than people’s credit funds and FBBs, within 10 working days from the date on which changes to banking information, including information of dependent entities and wholly foreign-owned banks under Clause 1 Article 8 hereof are made, credit institutions and FBBs shall produce request for revision to banking information on Public Service Portal of SBV in accordance with Appendix 3 attached hereto.

3. In respect of SBV branches of provinces and central-affiliated cities and people’s credit funds, within 10 working days from the date on which changes to banking information under Clause 1 Article 8 hereof are made, SBV branches of provinces and central-affiliated cities shall produce request for revision to banking information via Public Service Portal of SBV for themselves or people’s credit funds in the provinces in accordance with Appendix 3 attached hereto.

4. In respect of State Treasury of all levels, within 10 working days from the date on which changes to banking information under Clause 1 Article 8 hereof are made, the Central State Treasury shall produce request for revision to banking information on Public Service Portal of SBV in accordance with Appendix 3 attached hereto.

5. In respect of other organizations reporting or engaging in electronic data exchange relating to SBV, once changes to banking information under Clause 1 Article 8 hereof are made, these entities shall produce request for revision to banking information on Public Service Portal of SBV in accordance with Appendix 3 hereof.

6. Upon receiving request for revision to banking information, Information Technology Department shall examine the request, cooperate with entities of SBV (in respect of request for revision to banking information of entities affiliated to SBV, credit institutions, FBBs, and other organizations holding license to operate issued by SBV) or access National Database on enterprise operation registration (in respect of request for revision to banking information of other organizations) in order to cross-examine operating conditions and veracity of banking information to be revised. Within 3 working days from the date on which adequate written request is received, Information Technology Department shall revise banking code, send results to applicants, and issue electronic notification regarding revision of banking code on Public Service Portal of SBV in accordance with Appendix 7 attached hereto;

In respect of rejection, Information Technology Department shall state reason for rejection via means which the applicants send the request.”.

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“Article 11a. Document submission and receipt in case of malfunctioning Public Service Portal of SBV

In case the Public Service Portal of SBV malfunctions, entities shall send written request under Article 9, Article 10, and Article 11 hereof via post service to SBV or directly to Single-window department of SBV. Procedures for receiving written request shall conform to Regulations on single-window operation of SBV. Handling results shall be sent to applicants and displayed via notification on Public Service Portal of SBV.”.

9. Add Clause 1a and Clause 1b following Clause 1 Article 12:

“1a. The Office of SBV is responsible for providing copies of license to establish and operate of credit institutions, license to operate of FBBs, license to operate of other organizations issued by the SBV, copies of written approval of SBV at request of Information Technology Department; cooperating with Information Technology Department in verifying veracity of request information in accordance with Clause 7 Article 9, Clause 8 Article 10, and Clause 6 Article 11 hereof.

1b. SBV branches of provinces and central-affiliated cities have the responsibility to:

a) provide copies of written approval of SBV at request of Information Technology Department; cooperate with Information Technology Department in verifying veracity of request information in accordance with Clause 7 Article 9, Clause 8 Article 10, and Clause 6 Article 11 hereof.

b) produce request for issuance, cancellation, revision of banking code for people’s credit funds in accordance with this Circular.”.

Article 2. Addition and replacement of phrases, Appendices of Circular No. 17/2015/TT-NHNN

1. Replace the following phrases:

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b) Replace the phrase “Cổng thông tin điện tử” (Web portal) with the phrase “Cổng Dịch vụ công” (Public service portal) under Article 6, Point d Clause 1 Article 12.

2. Replace Appendix 1, Appendix 2, Appendix 3, and Appendix 4 with Appendix 1, Appendix 2, Appendix 3, and Appendix 4 attached hereto.

3. Add Appendix 5, Appendix 6, and Appendix 7 attached to this Circular.

Article 3. Responsibilities for organizing implementation

Chief of Office, Director of Information Technology Department, heads of entities affiliated to SBV, the State Treasury, credit institutions, other organizations reporting and performing electronic data exchange relating to SBV are responsible for the implementation of this Circular.

Article 4. Implementation

1. This Circular comes into force from July 1 , 2024.

2. Entities issued with banking codes before the effective date hereof may continue to use previously issued banking codes and banking information associated to the banking codes. The cancellation of banking codes and revision to banking information of entities issued with banking codes before the effective date hereof shall conform to this Circular.

3. Credit institutions whose wholly foreign-owned banks are established before the effective date hereof and have not been issued with banking codes shall, within 30 days from the date on which this Circular enters into force, apply for banking code in accordance with Clause 3 Article 9 hereof./.

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PP. GOVERNOR
DEPUTY GOVERNOR




Pham Tien Dung