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Decree 82/2007/nd-Cp: Rules Provide Information Service For Building And Operating The National Monetary Policy

Original Language Title: Nghị định 82/2007/NĐ-CP: Quy định cung cấp thông tin phục vụ xây dựng và điều hành chính sách tiền tệ quốc gia

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The DECREE stipulates to provide information service for building and operating the national monetary policy _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law the State Bank of Vietnam on December 12, 1997 and amended Laws, some additional laws that the State Bank of Vietnam on 17 June 2003;
Pursuant to the law on credit institutions, December 12, 1997 and amended Laws, supplementing the law on credit institutions of 15 June 2004;
Pursuant to the law on statistics, June 17, 2003.
The Governor's proposal the State Bank of Vietnam, the DECREE Chapter i. GENERAL PROVISIONS article 1. Scope of this Decree stipulates the organizations and individuals who provided information for the State Bank of Vietnam (hereinafter referred to as the Bank) to build the balance sheet of the monetary financial institutions sector, reviews and forecasts economic trends and financial markets the currency in order to serve the construction and administration of national monetary policy.
The provision of information by the credit institution for the Bank is not in the scope of this Decree.
Article 2. The object providing information 1. The walk: a) the Ministry of finance;
b) Ministry of planning and investment;
c) Ministry of labor, invalids and Social Affairs.                                  
2. The institutions established and functioning according to the law of Vietnam are not credit institutions (hereinafter referred to as the organization is not a credit institution) make one or more of the following activities: deposits; loans, discounting, leasing, bank guarantees and other forms of credit granted; investment; Forex business; the provision of payment services; brokers and insurance service providers; brokerage and securities trading; include: a) deposit insurance of Vietnam;
b) Vietnam social insurance;
c) company services the postal savings;
d the investment Development Fund), the central cities;
DD) insurance business;
e) credit guarantee Fund for small and medium enterprises;
g) supply organization services payment (credit card, payment card, remittance, ...);
h) company specializing in consumer loans, consumer loans, installment home purchase;
I) specialized in performing factoring operations;
k) securities companies, fund management companies to invest in securities;
l) with other organizations.
3. Individuals, organizations other than the organizations specified in paragraph 1 and 2 of this Article provide the information prescribed in the monetary statistics surveys.            
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the national currency policy is part of the financial-economic policy of the State in order to stabilize the value of the currency, restrain inflation, helping to promote socio-economic development, ensuring the defense security, and enhance the lives of the people.
2. the financial institutions sector include: Bank, credit institutions and organizations are not credit institutions operating in Vietnam to the provisions in clause 2 article 2 of this Decree.
3. Balance sheet of the monetary financial institutions sector's report reflected the situation of the assets and liabilities between non-financial and financial institutional financial areas with other areas of the economy in a given period.
4. the monetary statistics census form collects information about the currency according to the statistical survey methods. The investigation outside the programme of national statistics and the census was conducted according to the provisions of the law on statistics.
Chapter II.
THESE SPECIFIC PROVISIONS article 4. The type of information and the term of provision of information 1. The type of information provided by the Ministry to the State Bank as follows: a) advocates, policy, strategy for socio-economic development of Vietnam in each period; the economic development plan in the short term and long term; the plan and the situation of foreign investment into Vietnam, Vietnam's investment abroad; capital development plan the whole society;
b) fiscal policy tags short and long term; the planned currency-spending State budget short term and long term; planned financing of the State budget is short term and the long term from the domestic and foreign markets; the situation of currency-spending State budget according to the duration of the month, year;
c) statistical indicators relevant to monetary policy in the system of statistical indicators by country the Prime Minister assigned the Ministry of planning and investment (Of statistics) and other ministries in charge of collecting;
d) policy, the labor situation, the labor market and unemployment, in quarter term;
DD) the number and value of securities listing, trading, brokerage and depository under the term of the month, quarter and year;
e) other information required by the Bank to serve the construction and administration of national monetary policy.
2. Types of information by the Organization are not credit institutions provide to service, building and operating the national monetary policies of the Bank are as follows: a) situation report assets, liabilities, term, quarter and year;
b) other information required by the State Bank.
3. Types of information by individuals and organizations provided for the State Bank to serve the requirements of statistical investigation of the currency periodically or irregularly due to bank regulation.
4. Term of provision of information: a) the organization provides information for State Bank term specified in points 1, 2 and the appendix attached to this Decree;
b) Ministry of planning and investment, Ministry of finance, Ministry of labor, invalids and Social Affairs to provide information on policies, guidelines, strategies, short and long term plans for the State Bank when the documentary about this information is complete, release.
Article 5. The principle of providing information to the Ministry, the Organisation (hereinafter referred to as the Organization) and individuals to provide information for the State Bank to ensure the following principles: 1. Ensure the integrity, objectivity, accuracy, completeness, timeliness and time regulations.
2. Unification of norms, forms, methods, unit of measurement, the level of statistics and reports the correct method of providing information.
3. Not duplicate, overlap between the criteria provided.
4. do not provide false information, making it difficult for the construction and operation of a national monetary policy.
Article 6. Method of providing information 1. For information not in the category of State secrets protection, organizations, individuals give State Bank in writing, fax or electronic data on objects, transmitted over computer networks.
2. for the information in the category of State secrets protection, the Organization provided for the State Bank in accordance with the provisions of the law on the protection of State secrets.
Article 7. Statistical investigation of currency 1. The monetary statistics surveys by State Bank proceed in investigating program national statistics or out of this program to collect information on currency and banking activity serving the construction and administration of national monetary policy.      
2. State Bank of decisions, chaired the monetary statistics surveys outside of the program national statistics census periodically or irregularly from the organizations and individuals on the territory of Vietnam consistent with provisions of the law on statistics.
Article 8. The responsibility of the Organization and the State Bank 1. The Ministry is responsible for providing the information to the State Bank as follows: a) Ministry of planning and investment to provide the information prescribed in points a, c paragraph 1 article 4 and annex I, II attached to this Decree;
b) the Finance Ministry to provide the information prescribed in point b, point 1 article 4 and paragraph Ridin annex I attached to this Decree;
c) Ministry of labor, invalids and Social Affairs to provide the information prescribed in article 4 paragraph 1 d of this Decree.
2. The organizer is not credit institutions have a responsibility to provide the information prescribed in item 2 article 4 and annex III attached to this Decree for the State Bank.
3. State Bank is responsible for: a) organized the information by the individual organizations offer to build the balance sheet of the monetary financial institutions sector, assessment, forecasting economic trends and currency markets;
b) use, storage, supply and disclosure of information consistent with the provisions of the law on the protection of State secrets law, statistics and other related legislation;
c) organizations, synthesis and processing of the results of the investigation the monetary statistics annual recurring or irregular;
d) prescribing technical standards, how the exchange of information via computer networks;
DD) instruction providing information according to the appendix attached to this Decree, on the basis of consistency with the Ministry and other relevant organizations;
e) provides information on the currency and other general information according to the specific requirements of the relevant Ministry.
Article 9. Check for and handle breach 1. State Bank responsible urge, Government reports and test the implementation provides information of the organizations under the provisions of this Decree.
2. The institutions, individual violations of the provisions of this Decree and the related legal documents, depending on the nature and extent of the violation will be handled in accordance with the law.
Chapter III.
IMPLEMENTATION article 10. Effective and responsible implementation 1. The Decree has effect after 15 days from the date The report.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, General Manager (Director) the organization is not a credit institution, other institutions and individuals responsible for the implementation of this Decree.