| \r\n STATE\r\n BANK OF VIETNAM | \r\n \r\n THE\r\n SOCIALIST REPUBLIC OF VIETNAM | \r\n
| \r\n No.\r\n 28/2018/TT-NHNN \r\n | \r\n \r\n Hanoi,\r\n November 30, 2018 \r\n | \r\n
ON\r\nAMENDMENTS TO CIRCULAR NO. 40/2011/TT-NHNN DATED DECEMBER 15, 2011 OF THE GOVERNOR\r\nOF THE STATE BANK ON ISSUANCE OF LICENSE AND THE ORGANIZATION, OPERATION OF\r\nCOMMERCIAL BANKS, FOREIGN BANK'S BRANCHES, REPRESENTATIVE OFFICES OF FOREIGN\r\nCREDIT INSTITUTIONS, OTHER FOREIGN ORGANIZATIONS THAT HAVE BANKING ACTIVITIES\r\nIN VIETNAM
Pursuant to the Law on State Bank\r\nof Vietnam dated June 16, 2010;
Pursuant to the Law on Credit\r\ninstitutions dated June 16, 2010 and the Law on amendments to the Law on Credit\r\ninstitutions dated November 20, 2017;
Pursuant to Government's Decree\r\nNo. 16/2017/ND-CP dated February 17, 2017 on functions, tasks, powers and\r\norganizational structure of the State bank of Vietnam;
At the request of the Chief of\r\nthe Banking Inspection and Supervision Department;
The Governor of the State bank\r\nof Vietnam promulgates a Circular on amendments to Circular No. 40/2011/TT-NHNN\r\ndated December 15, 2011 of the Governor of the State Bank on issuance of\r\nlicense and the organization, operation of commercial banks, foreign bank's\r\nbranches, representative offices of foreign credit institutions, other foreign\r\norganizations that have banking activities in Vietnam.
Article 1. Amendments to\r\nCircular No. 40/2011/TT-NHNN dated December 15, 2011 of the Governor of the\r\nState Bank on issuance of license and the organization, operation of commercial\r\nbanks, foreign bank's branches, representative offices of foreign credit\r\ninstitutions, other foreign organizations that have banking activities in\r\nVietnam (hereinafter referred to as Circular No. 40/2011/TT-NHNN)
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“Article 3. Competence of making\r\ndecision on the issuance of a License
The Governor of the State Bank\r\nshall decide on the issuance of a License in accordance with the Law on credit\r\ninstitutions, of this Circular and relevant laws.”
“2. The fee amount for issuance of\r\na license shall be in accordance with laws on fees and charges.”
“Section 2. ELIGIBILITY\r\nREQUIREMENTS FOR FOUNDING SHAREHOLDERS OF JOINT-STOCK COMMERCIAL BANKS, FOUNDING\r\nMEMBERS OF JOINT VENTURE BANKS, OWNERS WHO ARE FOREIGN CREDIT INSTITUTIONS OF WHOLLY\r\nFOREIGN-OWNED BANKS, PARENT BANKS OF FOREIGN BANK BRANCHES”
“Article 9. Eligibility\r\nrequirements for founding shareholders of joint-stock commercial banks”
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“Article 11. Eligibility requirements\r\nfor parent banks of foreign bank branches”
a) Curriculum of vitae using the\r\nform as provided for in Appendix 03 of this Circular; police (clearance)\r\ncertificate:
As for people with Vietnamese\r\nnationality: The police (clearance) certificate is issued by the juridical\r\nrecord authority, which must contain full information about statuses of criminal\r\nconvictions (including expunged and non-expunged criminal convictions) and prohibitions\r\nfrom holding certain positions, establishing and managing enterprises and cooperatives;
As for people without Vietnamese\r\nnationality: The police (clearance) certificate or an equivalent document (with\r\nfull information about the criminal convictions, including expunged and non-expunged\r\ncriminal convictions; prohibitions from holding certain positions, establishing\r\nand managing enterprises and cooperatives) must be issued by a Vietnamese\r\nauthority or a foreign authority as prescribed;
The police (clearance) certificate\r\nor an equivalent document must be issued by a competent authority within 6\r\nmonths before the submission of the application for a License;”
“(iii) Apart from the required\r\ndocuments as above, the founding shareholders are required to submit following\r\ndocuments:
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The police (clearance) certificate must\r\nbe issued by a competent authority within 6 months before the submission of the\r\napplication for a License;
- Financial statements of 3\r\nconsecutive years prior to the year of applying for the license of the\r\nenterprise managed by the founding shareholders or the copy of bachelor’s\r\ndegree or higher in economics or law;
- A list of assets which have the\r\nvalue of 100 million VND or above, debts and supporting documents of\r\nindividuals using the form as provided for in Appendix 07 of this Circular;”
“(vi) 9-digit or 12-digit identity\r\ncard or passport of the legal representative and the representative for the\r\ncontributed capital of the entity at the bank;”
“(ix) Apart from the required\r\ndocuments as above, founding shareholders are required to submit following\r\ndocuments:
- A curriculum vitae of the\r\nrepresentative for the contributed capital using the form as provided for in\r\nAppendix 03 of this Circular, a police (clearance) certificate in compliance\r\nwith point a clause 4 Article 14 of this Circular;
- Financial statements of 5\r\nconsecutive years prior to the year of applying for the License which were\r\nindependently audited by an audit firm that is a member in the list of audit\r\nfirms published by the Ministry of Finance qualified to audit enterprises and\r\nthese financial statements do contain any qualified opinions from the audit\r\nfirm;”
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“4. Curriculum vitae of the\r\nexpected General Director (Director) of the foreign bank’s branch using the\r\nform as provided for in Appendix 03 of this Circular with confirmation of the\r\nparent bank; a police (clearance) police in accordance with point a clause 4\r\nArticle 14 of this Circular; copies of degrees and certificates demonstrating\r\ntheir professional qualifications and supporting documents demonstrating their\r\neligibility as provided for in the Law on credit institutions and relevant\r\nregulations of applicable laws of the expected General Director (Director).”
“7. Curriculum vitae of the\r\nexpected Chief of the representative office using the form as prescribed in\r\nAppendix 03 of this Circular with confirmation of the foreign credit\r\ninstitution, other foreign organization that have banking activities, a police\r\n(clearance) certificate in accordance with point a clause 4 Article 14 of this\r\nCircular; copies of degrees and certificates demonstrating their professional\r\nqualifications of the expected Chief of the representative office in Vietnam.”
”b) To be located within the\r\nterritory of Vietnam, at a specified address with name of the building (if\r\nany), house number, street (alley), commune/ward/town, suburban district/urban\r\ndistrict/district-level town, provincial-affiliated city, province/central-affiliated\r\ncity; phone number, fax number, and email (if any). In case where the\r\ncommercial bank registers to locate its head office at more than one house\r\nnumber or buildings with different addresses, such house numbers and buildings\r\nmust be adjacent to each other;”
“b) To be located within the\r\nterritory of Vietnam, at a specified address with name of the building (if\r\nany), house number, street (alley), commune/ward/town, suburban district/urban\r\ndistrict/district-level town, provincial-affiliated city,\r\nprovince/central-affiliated city; phone number, fax number, and email (if any).”
“4. Location of a representative office\r\nmust be within the territory of Vietnam, at a specified address with name of\r\nthe building (if any), house number, street (alley), commune/ward/town,\r\nsuburban district/urban district/district-level town, provincial-affiliated\r\ncity, province/central-affiliated city; phone number, fax number, and email (if\r\nany).”
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“b) Get the opinion from the Ministry\r\nof Public Security on the list of staff to be elected, appointed as member of\r\nthe Board of Directors, Board of Members, member of Controllers’ Committee and\r\nGeneral Director (Director) of commercial bank, General Director (director) of\r\nforeign bank’s branch, chief of representative office.”
“2. Within 15 days of receiving the\r\ndocument from the State Bank, the relevant agencies as stated above shall give\r\ntheir written opinions to the State Bank.”
“6. Information Technology\r\nDepartment:
a) Within 30 days since the Bank\r\nInspection and Supervision Department gives a written request, the Banking\r\nInformation Technology Department shall appraise the application for a license\r\nand send a document to the Banking Inspection and Supervision Department;
b) To assess all matters concerning\r\nthe information technology of the commercial bank, foreign bank’s branch.”
“b) Not to use the raised capital, capital\r\nborrowed from other organizations, individuals for contributing capital; to\r\ntake legal responsibility for the legality of the capital contributed to the\r\nestablishment of the bank;”
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3. Change\r\nthe phrase “ID card” into “9-digit or 12-digit identity card or passport” in\r\nAppendix 07 of Circular No. 40/2011/TT-NHNN.
Article 3. Implementation
Director of the Administrative\r\nDepartment, Chief of the Banking Inspection and Supervision Department, Head of\r\nunits of the State Bank of Vietnam, General Managers of State Bank’s branches\r\nin provinces, cities, President of the Board of Directors, President of Board\r\nof Members, General Director (Director) of commercial banks, General Director\r\n(Director) of foreign bank’s branches, Chief of representative offices of\r\nforeign credit institutions, other foreign organizations having banking\r\nactivities shall implement this Circular.
Article 4. Implementation
This Circular comes into force as\r\nof January 15, 2019./.
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PP.\r\n THE GOVERNOR
\r\n DEPUTY GOVERNOR
\r\n
\r\n
\r\n
\r\n
\r\n Nguyen Dong Tien
"
File gốc của Circular No. 28/2018/TT-NHNN dated November 30, 2018 on amendments to Circular No. 40/2011/TT-NHNN on issuance of license and the organization, operation of commercial banks, foreign bank’s branches, representative offices of foreign credit institutions, other foreign organizations that have banking activities in Vietnam đang được cập nhật.
Circular No. 28/2018/TT-NHNN dated November 30, 2018 on amendments to Circular No. 40/2011/TT-NHNN on issuance of license and the organization, operation of commercial banks, foreign bank’s branches, representative offices of foreign credit institutions, other foreign organizations that have banking activities in Vietnam
Tóm tắt
| Cơ quan ban hành | Ngân hàng Nhà nước |
| Số hiệu | 28/2018/TT-NHNN |
| Loại văn bản | Thông tư |
| Người ký | Nguyễn Đồng Tiến |
| Ngày ban hành | 2018-11-30 |
| Ngày hiệu lực | 2019-01-15 |
| Lĩnh vực | Tiền tệ - Ngân hàng |
| Tình trạng | Còn hiệu lực |