The power to sign application form for provision of client information of credit institution in Vietnam

The power to sign application form for provision of client information of credit institution in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. The power to sign application form for provision of client information of credit institution in Vietnam

According to Article 10 of Decree 117/2018/ND-CP, the application form for provision of client information must be signed by:

- 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, eads of inspectorates; members of inspectorates prescribed by the law on inspection.

- 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.

- 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.

- 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.

- 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.

- 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.

- Heads or deputy heads of judgment enforcement authorities, bailiffs that are enforcing judgments as prescribed by the law on judgment enforcement.

- 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.

- 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.

- 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.

2. Application for provision of client information of credit institution in Vietnam

According to Article 9 of Decree 117/2018/ND-CP, an application for provision of client information shall be composed of:

- An application form for provision of client information which is signed by the competent individual specified in Article 10 of Decree 117/2018/ND-CP and contains the following contents:

+ Legal grounds for the power to request client information;

+ Reason for and purpose of providing client information, specifying the relation between the client and the purpose of providing client information.

+ Content and scope of client information, time limit for provision;

+ 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);

+ 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 Decree 117/2018/ND-CP;

+ Other contents (if any).

- Documents issued by a competent authority in accordance with relevant regulations or law to prove reason for and purpose of providing client information (inspection decision, audit decision, decision on pressing charges, judgment, judgment enforcement decision, prosecution decision, enforcement decision, decision on imposing penalties for violations or equivalent document).

- The documents specified in Clause 2 of Article 9 of Decree 117/2018/ND-CP 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.

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