Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides for banking supervisory procedures applicable to credit institutions and foreign bank branches.
2. The supervision of payment systems and information systems security of credit institutions and foreign bank branches shall comply with regulations of relevant laws.
3. The supervision of anti-money laundering of credit institutions and foreign bank branches shall comply with regulations of laws thereon.
4. The supervision of the compliance with laws on investment, management and use of the state budgets at credit institutions shall comply with regulations of laws thereon at enterprises.
5. The banking supervision of credit institutions which are controlled strictly shall comply with regulations of laws on strict control of credit institutions and regulations herein.
Article 2. Regulated entities
1. Banking supervision units include:
a) Micro-prudential supervision units;
b) Macro-prudential supervision units.
2. Banking supervised entities include:
a) Micro-prudential supervised entities;
b) Macro-prudential supervised entities.
3. Other agencies, organizations and individuals engaged in the banking supervisory procedures.
Article 3. Definitions
For the purposes of this Circular, the terms below shall be construed as follows:
1. “banking supervision” includes micro-prudential supervision and macro-prudential supervision.
2. “micro-prudential supervision" is the prudential supervision form applicable to each entity supervised at the micro level.
3. “macro-prudential supervision” is the prudential supervision form applicable to the system of credit institutions and foreign bank branches.
4. Banking supervised entities include:
a) Micro-prudential supervised entities include:
(i) Credit institutions, excluding policy banks complying with regulations of laws;
(ii) Foreign bank branches;
(iii) Branches of credit institutions. For transaction offices of the people's credit funds, the supervision is performed through the people's credit funds. For transaction offices of other credit institutions, the supervision is performed through branches managing such transaction offices;
(iv) Other entities decided by the Governor of the State Bank of Vietnam.
b) Macro-prudential supervised entities are the system of credit institutions and foreign bank branches, including a group of credit institutions and foreign bank branches which play a significant role in the system and a group of credit institutions and foreign bank branches classified according to forms of operation and ownership.
5. “micro-prudential supervision unit” is a unit under the organizational structure of the Banking Inspection and Supervision Authority, a branch of the State Bank of Vietnam that are assigned to perform the micro-prudential supervision according to the Decision of the Governor of the State Bank of Vietnam and regulations of laws.
6. “macro-prudential supervision unit” is a unit under the organizational structure of the Banking Inspection and Supervision Authority that are assigned to perform the macro-prudential supervision according to the Decision of the Governor of the State Bank of Vietnam and regulations of laws.
7. " supervision of compliance” is the consideration, monitoring and analysis (hereinafter referred to as “analysis and consideration”) of the compliance with regulation of laws on operational safety of banks and other regulations of laws on finance and banking; directions and requests of state authorities competent to banking supervised entities as prescribed in clause 9 of this Article.
8. “enhanced supervision” is the micro-prudential supervision of micro-prudential supervised entities through the addition of some supervisory contents and reporting frequency according to the Decision of the Governor of the State Bank of Vietnam or the Director of a branch of the State Bank of Vietnam for each specific case.
9. “directions and requests of state competent authorities applicable to banking supervised entities” means the provision of directions of and requests for performance of some contents and tasks specified in the following documents applicable to banking supervised entities by the State Bank of Vietnam ( or the State Bank of Vietnam proposed by other state competent authorities):
a) Inspection conclusion, audit conclusion, examination results and decisions on handling of inspection-related violations;
b) Written recommendations and warnings in the banking supervision;
c) Other documents of the State bank of Vietnam with specific requirements for contents and tasks.
10. "risk supervision” means the analysis and consideration of risks (including systemic risks) to warn and recommend banking supervised entities.
11. “risk” means the potential of causing loss (financial loss and non-financial loss) which reduces the equity and revenue, thereby reducing the capital adequacy ratio or restricting the capacity to achieve business objectives by a credit institution or branch of a foreign bank.
12. “systemic risk” means the potential of losses, spreading from the collapse of one credit institution or branch of a foreign bank to a system or group of other credit institutions and branches of a foreign bank, thereby disrupting the operations of the credit institutions or foreign bank branches.
13. “systemic banking crisis” means the systemic collapse of banks in case of insolvency or bankruptcy by credit institutions or branches of a foreign bank. Systemic banking crises are regularly accompanied with the bank run of depositors, spreading throughout the system of credit institutions and branches of a foreign bank.
14. “contact with banking supervised entities" means one where a banking supervision unit requests banking supervised entity to explain and provide written proofs of the accuracy and adequacy of documents, information and reports and clarify the issues concerning risks and compliance with regulations of laws on monetary and banking operations and in service of banking supervision.
15. “systemically important credit institutions or foreign bank branches” means credit institutions or foreign bank branches that may cause negative effects on the entire system of credit institutions or foreign bank branches and/or systemic risks that disrupt operations of the system of credit institutions and foreign banks branches and entire economy in case of insolvency or bankruptcy.
16. “database management” means the development, update and maintenance of fulfillment of requirements for access and use of documents, information and data in serve of banking supervision.
17. "banking supervision manual” is a specific guidance document on banking supervisory operations issued by the State Bank of Vietnam, including the following contents:
a) Collection, consolidation, processing of documents, information and data;
b) Supervisory guidance;
c) Supportive supervision tools;
d) Sanctions in banking supervision
d) Banking supervision dossiers.
18. “State bank branches" are branches of the State Bank of provinces and central-affiliated cities.
Article 4. Rules for banking supervision
The banking supervision shall comply with the following rules:
1. Rules prescribed in Article 51 of the Law on the State Bank of Vietnam, Article 4 of Decree No. 26/2014/ND-CP dated April 07, 2014 of the Government (revised version) on organization and operation of bank inspectors and supervisors.
2. Rules for combination of compliance supervision and risk supervision as well as micro-prudential supervision and macro-prudential supervision.
Article 5. Banking supervisory procedures
1. Banking supervisory procedures shall be carried out as follows;
a) Step 1: Collect, consolidate, process documents, information and data;
b) Step 2: Carry out contents of compliance supervision and/or risk supervision;
c) Step 3: Prepare reports on the supervision and propose sanctions.
2. Inspection conclusions of credit institutions and foreign bank branches shall be monitored, urged and inspected according to regulations of the Government of Vietnam on the implementation of inspection conclusions and regulations herein.
Article 6. Management and storage of documents, information and data
Documents, information and data must, after being consolidated and processed, be stored and managed for the purpose of the banking inspection and supervision according to the following rules:
1. Documents, information and data must be stored scientifically and fully according to each dossier of each banking supervised entity and entire system.
2. Documents. Information and data must be stored as per existing law on archives.
3. Documents, information and data consisting of information of the State secret must be managed, stored and used according to regulations of laws on the protection of State secrets.
4. Information and data of credit institutions and information of customers must be secured as per regulation of law.
Tìm kiếm
Thông tư 08/2022/TT-NHNN trình tự thủ tục giám sát ngân hàng (Bản Word)