CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULARS ON SUBMISSION, PRESENTATION AND PROVISION OF INFORMATION AND DOCUMENTS ON POPULATION UPON CARRYING OUT ADMINISTRATIVE PROCEDURES RELATED TO ESTABLISHMENT AND OPERATION OF BANKS

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

Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law on amendments to the Law on Credit Institutions dated November 20, 2017;

Pursuant to the Government's Decree No. 102/2022/ND-CP dated December 12, 2022 on functions, tasks, powers and organizational structure of the State Bank of Vietnam;

At the request of the Chief Inspector of the Banking Supervision Agency under SBV;

The Governor of the State Bank of Vietnam promulgates a Circular on amendments to some Articles of Circulars on submission, presentation and provision of information and documents on population upon carrying out administrative procedures related to establishment and operation of banks.

Article 1. Amendments to, annulment and replacement of some points and appendices of the Circular No. 31/2012/TT-NHNN dated November 26, 2012 of the Governor of the State Bank of Vietnam on cooperative banks

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a) List of members contributing capital to the cooperative bank in which the following main contents must be specified:

- Name and location of its head office; number of establishment license or business registration certificate or equivalent document; contributed capital amount, capital contribution ratio, and time limit for capital contribution;

- Full name, current residence (if different from permanent/temporary residence); ID card number or personal identification number with respect to persons who are legal representatives or contributed capital representatives;".

2. Point c Clause 4 and point g Clause 5 Article 9 shall be annulled.

3. The Appendix 01 and Appendix 02 shall be replaced by the Appendix 01 and Appendix 02 issued together with this Circular respectively.

Article 2. Replacement of some appendices of the Circular No. 01/2023/TT-NHNN dated March 01, 2023 on amendments to some Articles of Circular No. 04/2015/TT-NHNN dated March 31, 2015 of the Governor of the State Bank of Vietnam on people’s credit funds

The Appendix 01, Appendix 02, Appendix 03 and Appendix 04 shall be replaced by the Appendix 03, Appendix 04, Appendix 05 and Appendix 06 issued together with this Circular respectively.

Article 3. Amendments to, annulment and replacement of some clauses, points and appendices of the Circular No. 03/2018/TT-NHNN dated February 23, 2018 of the Governor of the State Bank of Vietnam on licensing, organization and operation of microfinance institutions

1. Points d (iii) and d (iv) Clause 1 Article 9 shall be amended as follows:

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“(iii) A declaration of candidates' relevant persons using form of the Appendix 08a issued herewith;”;

b) Point d(iv) shall be amended as follows:

“(iv) Copies of passports or valid passport alternatives with regard to individuals not holding Vietnamese nationality;”.

2. Points c, d (v) and dd (i) Clause 1 Article 11 shall be amended as follows:

a) Point c shall be amended as follows:

“c) List of founding members shall be signed by the head of preparatory board, with the following contents:

(i) Regarding a founding member that is an individual: full name, date of birth, ID card number or personal identification number;

(ii) Regarding a founding member that is an organization: Name, number of establishment license or business registration certificate or equivalent document; information about the legal representative of the contributing organization of the MFI and the representative of the capital contribution of that MFI, including ID card number or personal identification number of each representative (in case where he/she holds Vietnamese nationality), number of the passport or a valid passport alternative, date of issuance, place of issuance, nationality/nationalities of each representative (in case where he/she does not hold Vietnamese nationality);

(iii) Amount of stakes (in Vietnamese dong, other assets and capital contribution percentage of each member);

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b) Point d (v) shall be amended as follows:

“(v) Copies of passports or valid passport alternatives of the legal representative of the contributing organization of the MFI and the representative of the capital contribution of that MFI in case where they do not hold Vietnamese nationality;”;

c) Point dd (i) shall be amended as follows:

“(i) Curriculum vitae, a declaration of relevant persons using form of Appendix 02, Appendix 08b issued herewith;”.

3. Clause 5 Article 24 shall be amended as follows:

“5. A declaration of candidates' relevant persons using form of the Appendix 08a issued herewith;”;

4. Point dd(iii) Clause 1 Article 11 and the Appendix 04 shall be annulled.

5. The Appendix 02 shall be replaced by the Appendix 07 issued together with this Circular.

6. Appendices 08a and 08b shall be added to this Circular.

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The Appendix 08 and Appendix 09 shall be replaced by the Appendix 09 and Appendix 10 issued together with this Circular respectively.

Article 5. Removal and replacement of some phrases and appendices of the Circular No. 10/2018/TT-NHNN dated April 09, 2018 of the Governor of the State Bank of Vietnam on applications and procedures for approval for changes of microfinance institutions.

1. The phrase “Bản sao Giấy chứng minh nhân dân hoặc thẻ căn cước công dân hoặc hộ chiếu của người đại diện hợp pháp của tổ chức và người đại diện vốn góp tại tổ chức tài chính vi mô” (copies of ID cards or passports of the legal representative of the organization and the representative of the capital contribution in the MFI) shall be replaced by the phrase "Bản sao hộ chiếu hoặc giấy tờ có giá trị thay thế hộ chiếu (đối với cá nhân không có quốc tịch Việt Nam) của người đại diện hợp pháp của tổ chức và người đại diện vốn góp tại tổ chức tài chính vi mô” (copies of passports or valid passport alternatives of the legal representative of the organization and the representative of the capital contribution in the MFI in case where they do not hold Vietnamese nationality) in point dd (i) Clause 1 Article 11.

2. The phrase “Bản sao Giấy chứng minh nhân dân hoặc thẻ căn cước công dân hoặc hộ chiếu” (copies of ID cards or passports) in point dd (ii) Clause 1 Article 11 shall be removed.

3. The Appendix 01 and Appendix 02 shall be replaced by the Appendix 11 and Appendix 12 issued together with this Circular respectively.

Article 6. Amendment to and replacement of some points, phrases and appendices of the Circular No. 23/2018/TT-NHNN dated September 14, 2018 of the Governor of the State Bank of Vietnam on restructuring, license revocation and liquidation of assets of people’s credit funds

1. Point g (ii) Clause 2 Article 11 shall be amended as follows:

“ii) ID card number or personal identification number of each individual or representative of a household; number of enterprise registration certificate or enterprise ID number of each juridical person;”.

2. The phrase “địa chỉ thường trú” (address of permanent residence) shall be replaced by the phrase “nơi ở hiện tại” (current residence) (if different from permanent/temporary residence) and the phrase “số Chứng minh nhân dân hoặc số thẻ Căn cước công dân hoặc số hộ chiếu” (ID card/passport number) shall be replaced by the phrase "số Chứng minh nhân dân hoặc số định danh cá nhân” (ID card number or personal identification number) in point I.6 Section B Appendix 01.

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Article 7. Amendment to and replacement of some points and appendices of the Circular No. 25/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank of Vietnam on applications and procedures for approval for changes of non-bank credit institutions.

1. Points dd (i) and dd (ii) Clause 1 Article 9 shall be amended as follows:

“(i) Regarding individuals: Full name, ID card number or personal identification number (for an individual holding Vietnamese nationality); number of passport or a valid passport alternative, date of issue, place of issue (for an individual not holding Vietnamese nationality);

(ii) For organizations: Name of the organization, address of its headquarter, number of establishment license or enterprise registration certificate or equivalent document, date of issue, place of issue; full name, ID card number or personal identification number of the legal representative of the organization (in case where he/she holds Vietnamese nationality), number of passport or a valid passport alternative of the legal representative of the organization (in case where he/she does not hold Vietnamese nationality), date of issue, place of issue;”.

2. Point c (ii) Clause 3 Article 10 shall be amended as follows:

“(ii) Information of the seller, the buyer, the transferor and the transferee: Name of the organization, address of the headquarter, number of establishment license or enterprise registration certificate or equivalent document, date of issue, place of issue; full name, ID card number or personal identification number of the legal representative of the organization (in case where he/she holds Vietnamese nationality), number of passport or a valid passport alternative of the legal representative of the organization (in case where he/she does not hold Vietnamese nationality), date of issue, place of issue;”.

3. Points a(i), b(i), b(ii), Clause 1 and point b(i) Clause 2 Article 11 shall be amended as follows:

a) Point a(i) Clause 1 shall be amended as follows:

“(i) Information of the seller/the transferor:

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- Regarding organizations: Name of the organization, address of its headquarter, number of establishment license or enterprise registration certificate or equivalent document, date of issue, place of issue; full name, ID card number or personal identification number of the legal representative of the organization (in case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative of the legal representative of the organization (in case where he/she does not hold Vietnamese nationality), date of issue, place of issue;”.

b) Points b(i), b(ii) Clause 1 shall be amended as follows:

“(i) Regarding individuals: Full name, ID card number or personal identification number (for an individual holding Vietnamese nationality); number of passport or a valid passport alternative, date of issue, place of issue (for an individual not holding Vietnamese nationality);

(ii) Regarding organizations: Name of the organization, address of its headquarter, number of establishment license or enterprise registration certificate or equivalent document, date of issue, place of issue; full name, ID card number or personal identification number of the legal representative of the organization (in case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative of the legal representative of the organization (in case where he/she does not hold Vietnamese nationality), date of issue, place of issue;”.

a) Point b(i) Clause 2 shall be amended as follows:

“(i) Information of the seller/the buyer/the transferor/the transferee:

- Regarding individuals: Full name, ID card number or personal identification number (for an individual holding Vietnamese nationality); number of passport or a valid passport alternative, date of issue, place of issue (for an individual not holding Vietnamese nationality);

- Regarding organizations: Name of the organization, address of its headquarter, number of establishment license or enterprise registration certificate or equivalent document, date of issue, place of issue; full name, ID card number or personal identification number of the legal representative of the organization (in case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative of the legal representative of the organization (in case where he/she does not hold Vietnamese nationality), date of issue, place of issue;”.

4. The Appendix shall be replaced by the Appendix 15 issued together with this Circular.

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1. Point b Clause 1 Article 7 shall be amended as follows:

“b) Full name; title and supervisory unit; ID card number or personal identification number of the Director General (Director) expected to be appointed (in case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative of the Director General (Director) expected to be appointed (in case where he/she does not hold Vietnamese nationality), date of issue, place of issue;”.

2. The Appendix 01 and Appendix 02 shall be replaced by the Appendix 16 and Appendix 17 issued together with this Circular respectively.

Article 9. Responsibility for implementation

Chief of the Office, Chief Inspector of the Banking Supervision Agency under SBV, Heads of units of the State Bank of Vietnam, credit institutions, foreign bank branches and relevant organizations and individuals shall organize implementation of this Circular.

Article 10. Implementary provision

1. This Circular comes into force from March 01, 2024.

2. Applications which have been submitted to the SBV before the effective date of this Circular shall continue to be processed in accordance with regulations of the Circular No. 01/2023/TT-NHNN, Circular No. 03/2018/TT-NHNN, Circular No. 22/2022/TT-NHNN, Circular No. 10/2018/TT-NHNN, Circular No. 23/2018/TT-NHNN, Circular No. 25/2017/TT-NHNN, and Circular No. 22/2018/TT-NHNN.

3. This Circular annuls Clause 13 Article 2 of the Circular No. 13/2019/TT-NHNN dated August 21, 2019 of the Governor of the State Bank of Vietnam providing amendments to Circulars on licensing, organization and operation of credit institutions and foreign banks’ branches

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PP. GOVERNOR
DEPUTY GOVERNOR




Dao Minh Tu