Decree No. 43/2019/ND-CP dated May 17, 2019 amendments to the Government’s Decree No. 26/2014/ND-CP on organization and operation of banking inspection & supervision authorities

DECREE

AMENDMENTS TO GOVERNMENT’S DECREE NO. 26/2014/ND-CP DATED APRIL 07, 2014 ON ORGANIZATION AND OPERATION OF BANKING INSPECTION & SUPERVISION AUTHORITIES

Pursuant to the Law on Government Organization dated June 19, 2015;

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 Law on Inspection dated November 15, 2010;

Pursuant to the Law on Anti-money Laundering dated June 18, 2012;

Pursuant to the Law on Deposit Insurance dated June 18, 2012;

Pursuant to the Law on Actions against Administrative Violations dated June 20, 2012;

At the request of the Governor of the State Bank of Vietnam (“SBV”);

The Government promulgates this Decree providing amendments to the Government’s Decree No. 26/2014/ND-CP dated April 07, 2014 on organization and operation of banking inspection & supervision authorities.

Article 1. Amendments to Government’s Decree No. 26/2014/ND-CP dated April 07, 2014 on organization and operation of banking inspection & supervision authorities

1. Clause 8 Article 4 is amended as follows:

“8. The SBV’s Governor shall establish banking inspection and supervision procedures, and assign competent authorities to take charge of banking supervision tasks."

2. Clause 2 Article 6 is amended as follows:

“2. Banking supervision units affiliated to SBV's branches of provinces and central-affiliated cities (hereinafter referred to as “SBV’s provincial branches”).”

3. Clause 1 and Clause 2 Article 7 are amended as follows:

“1. The Banking Supervision Agency is a General Department-level authority that is affiliated to the SBV and assigned to advise and assist the SBV’s Governor in performing the state management of credit institutions, foreign bank branches, banking inspection & supervision performance, complaint and denunciation settlement, anti-corruption, anti-money laundering, and deposit insurance, carry out administrative inspections, specialized inspections and banking supervision in areas and sectors under the SBV’s management, and perform tasks of anti-money laundering and combating the financing of terrorism in accordance with applicable laws and assignment by the SBV’s Governor.

2. The Banking Supervision Agency is comprised of Departments and Office (hereinafter referred to as “affiliated units of the Banking Supervision Agency”).

Directors of Banking Supervision Departments shall decide to carry out inspections and establish inspection teams to inspect assigned entities (except cases where the decision on inspection and establishment of inspection team is subjected to the decision of the head of the Banking Supervision Agency as prescribed in Clause 3 Article 8 hereof), perform duties and powers of an inspection decision maker and impose penalties for administrative violations in accordance with laws."

4. Clause 3 and Clause 5 Article 8 are amended as follows:

“3. Issue decisions on inspection and establishment of inspection teams to inspect entities under the SBV’s management as assigned or at the request of the SBV’s Governor, including administrative inspections, inspections serving the settlement of complaints and denunciations, inspections of performance of anti-corruption tasks, large-scale or complicated specialized inspections, re–inspections or other inspections which are deemed necessary; perform duties and powers of an inspection decision maker; request Directors of SBV’s provincial branches to appoint their banking inspectors or qualified officials to join inspection teams; mobilize officials and public employees of relevant authorities and units to join inspection teams.

5. Request Directors of SBV’s provincial branches to carry out inspection of entities that have been inspected as assigned by the SBV’s Governor in case any violations against laws are suspected or any risks are found to threaten the safe operation of credit institutions and/or foreign bank branches. If the Director of the SBV's provincial branch refuses to carry out the requested inspection, the head of the Banking Supervision Agency is entitled to make decision on inspection, and shall report on and be accountable to the SBV’s Governor for such decision.”

5. Clause 1 Article 9 is amended as follows:

“1. Banking supervision unit of a SBV’s provincial branch is an affiliated unit of the SBV’s provincial branch and takes charge of assisting the Director of that SBV’s provincial branch to perform state management tasks, carry out administrative inspections and banking inspections, settle complaints and denunciations, perform the tasks of anti-corruption, anti-money laundering and combating the financing of terrorism involving entities subject to the management, inspection and supervision by the SBV’s provincial branch in that province or city according to the assignment and authorization by the SBV’s Governor and relevant laws. Particularly, banking supervision units of SBV’s branch in Hanoi City and SBV’s branch in Ho Chi Minh City are Subdepartment-level units affiliated to the SBV’s branch in Hanoi City and the SBV’s branch in Ho Chi Minh City.

Banking supervision units of SBV’s provincial branches shall bear direct management and direction by Directors of the SBV’s provincial branches and comply with directives given by the Banking Supervision Agency on banking inspection and supervision performance, complaint and denunciation settlement, performance of tasks of anti-corruption, anti-money laundering and combating the financing of terrorism.”

6. Article 18 is amended as follows:

“1. Head of the Banking Supervision Agency, Directors of Banking Supervision Departments, and heads of banking supervision units of SBV’s provincial branches shall make decisions on inspection and establishment of inspection teams. The SBV’s Governor or Director of a SBV’s provincial branch shall directly make a decision on inspection and establishment of inspection team if deemed necessary.

2. Head of the Banking Supervision Agency shall decide the re-inspection of cases where inspection findings have been approved by a head of the banking supervision unit of a SBV's provincial branch but a violation against laws is suspected, or cases where inspection findings have been approved by a Chairperson of the provincial People’s Committee/Director of the SBV's provincial branch but a violation against laws is suspected as assigned by the SBV's Governor."

7. Point b and Point c Clause 1 Article 23 are amended as follows:

“b) Monitor the compliance with regulations on safety of banking operations and other relevant laws; implementation of inspection findings, recommendations and decisions on handling of inspection results; implementation of banking supervision recommendations and warnings, and remedial measures when early intervention actions are performed according to Clause 25 Article 1 of the Law on amendments to the Law on Credit Institutions;

c) Carry out regular analysis and assessment of financial status, operation, management and risks faced by credit institutions/foreign bank branches and systematic risks; carry out annual safety rating of credit institutions/foreign bank branches.

8. Clause 1 Article 25 is amended as follows:

“1. Request the SBV’s Governor or the person authorized by the SBV’s Governor to impose corrective measures specified in Article 59 of the Law on State Bank of Vietnam and implement early intervention actions specified in Clause 25 Article 1 of the Law on amendments to the Law on Credit Institutions.”

9. Clause 1 Article 30 is amended as follows:

“1. The Banking Supervision Agency shall advice and assist the SBV’s Governor, and banking supervision unit of SBV’s provincial branches shall advice and assist Directors of SBV’s provincial branches (in case where a Director of the SBV’s provincial branch is assigned or authorized by the SBV’s Governor) to:

a) issue, modify or revoke the license for establishment and operation granted to credit institutions, license to establish foreign bank branches, license to establish representative offices of foreign credit institutions or other foreign organizations performing banking activities and other license to perform banking activities;

b) issue or revoke license to provide credit information services;

c) issue or revoke certificates of registration of microfinance programs/projects;

d) consider giving approval of acquisition, full or partial division, merger, consolidation, legal status transformation or dissolution of credit institutions/foreign bank branches; consider giving approval of lists of recommended persons to be elected or appointed as members of Boards of Members or Management Boards, members of Control Boards and General Directors (or Directors) of credit institutions, except staff members of wholly state-owned commercial banks and those appointed or recommended by representatives of state capital invested in joint-stock commercial banks of which 50% of charter capital is held by the State; consider giving approval of persons to be appointed as General Directors (or Directors) of foreign bank branches; consider giving approval of establishment or dissolution of domestic branches, representative offices and administrative units, and overseas branches, representative offices and other commercial presence forms of credit institutions; consider giving approval of establishment or acquisition of subsidiaries or affiliates of credit institutions; consider giving approval of capital contributions or purchase of shares by credit institutions; consider giving approval of other administration, organizational, financial and operational matters which require the SBV’s approval or permission as prescribed by laws;

dd) handle organizational, management and administration matters of credit institutions/foreign bank branches so as to ensure that they shall operate in a sound and safe manner, and strictly comply with laws;

e) perform some rights and responsibilities of the owner’s representative agency for the state capital invested in credit institutions, financial institutions and enterprises which operate under the SBV’s management in accordance with laws and as assigned by the SBV’s Governor;

g) develop, organize and monitor the implementation of plans/schemes for restructuring or special control of credit institutions/foreign bank branches.”

10. Clause 1 Article 31 is amended as follows:

“1. Stipulate the relationship among the following:

a) The Banking Supervision Agency and banking supervision units of SBV’s provincial branches;

b) The Banking Supervision Agency and SBV’s provincial branches;

c) The relationship among banking supervision units of SBV’s provincial branches.”

11. Article 32 is amended as follows:

“Article 32. Responsibility of Directors of SBV's provincial branches

Each Director of SBV’s provincial branch shall:
1. Direct operations of the banking supervision unit of the SBV's provincial branch within the management of the SBV's provincial branch.

2. Consider approving the annual inspection plan of the banking supervision unit of the SBV's provincial branch.

3. Take timely actions against conclusions and recommendations of the banking supervision unit of the SBV's provincial branch.

4. Organize, instruct and provide funding, material and technical facilities, uniforms and other necessary conditions for the banking supervision unit of the SBV's provincial branch.

5. Fulfill other responsibilities as prescribed by laws and the SBV.”

Article 2. Implementation

1. This Decree comes into force from the date on which it is signed.

2. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of provincial People’s Committees, and head of the Banking Supervision Agency shall implement this Decree./.