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Thông tư 10/2024/TT-NHNN sửa đổi Thông tư 22/2018/TT-NHNN hướng dẫn về thủ tục, hồ sơ chấp thuận danh sách dự kiến nhân sự của ngân hàng thương mại, tổ chức tín dụng phi ngân hàng và chi nhánh ngân hàng nước ngoài do Thống đốc Ngân hàng Nhà nước Việt Nam ban hành
| Số hiệu: | 10/2024/TT-NHNN | Loại văn bản: | Thông tư |
| Nơi ban hành: | Ngân hàng Nhà nước | Người ký: | Đoàn Thái Sơn |
| Ngày ban hành: | 28/06/2024 | Ngày hiệu lực: | 01/07/2024 |
| Ngày công báo: | 14/07/2024 | Số công báo: | Từ số 789 đến số 790 |
| Lĩnh vực: | Tiền tệ - Ngân hàng | Tình trạng: | Còn hiệu lực |
TÓM TẮT VĂN BẢN
Thủ tục chấp thuận danh sách dự kiến nhân sự của tổ chức tín dụng
Ngày 28/6/2024, Thống đốc Ngân hàng Nhà nước ban hành Thông tư 10/2024/TT-NHNN sửa đổi Thông tư 22/2018/TT-NHNN hướng dẫn về thủ tục, hồ sơ chấp thuận danh sách dự kiến nhân sự của ngân hàng thương mại, tổ chức tín dụng phi ngân hàng và chi nhánh ngân hàng nước ngoài.
Thủ tục chấp thuận danh sách dự kiến nhân sự của tổ chức tín dụng
Theo đó, thủ tục chấp thuận danh sách dự kiến nhân sự của tổ chức tín dụng được thực hiện như sau:
- Tổ chức tín dụng (Ngân hàng thương mại, tổ chức tín dụng phi ngân hàng) lập 01 bộ hồ sơ theo quy định tại Điều 6 Thông tư 22/2018 (được sửa đổi, bổ sung bởi Thông tư 10/2024) gửi Ngân hàng Nhà nước.
- Trường hợp hồ sơ chưa đầy đủ, hợp lệ, trong thời hạn 07 ngày làm việc kể từ ngày nhận được hồ sơ, Ngân hàng Nhà nước, Cơ quan Thanh tra, giám sát ngân hàng hoặc Ngân hàng Nhà nước chi nhánh có văn bản yêu cầu tổ chức tín dụng bổ sung hồ sơ.
- Tổ chức tín dụng bổ sung, hoàn chỉnh hồ sơ theo yêu cầu của Ngân hàng Nhà nước, Cơ quan Thanh tra, giám sát ngân hàng hoặc Ngân hàng Nhà nước chi nhánh trong thời hạn tối đa 45 ngày làm việc kể từ ngày Ngân hàng Nhà nước, Cơ quan Thanh tra, giám sát ngân hàng hoặc Ngân hàng Nhà nước chi nhánh có văn bản yêu cầu bổ sung hồ sơ.
- Quá thời hạn này, tổ chức tín dụng phải nộp lại bộ hồ sơ theo quy định để Ngân hàng Nhà nước, Cơ quan Thanh tra, giám sát ngân hàng hoặc Ngân hàng Nhà nước chi nhánh xem xét, chấp thuận.
- Trong thời hạn 30 ngày làm việc kể từ ngày nhận đầy đủ hồ sơ theo quy định, Ngân hàng Nhà nước, Cơ quan Thanh tra, giám sát ngân hàng hoặc Ngân hàng Nhà nước chi nhánh có văn bản chấp thuận hoặc không chấp thuận dự kiến nhân sự của tổ chức tín dụng.
- Trường hợp không chấp thuận, văn bản trả lời tổ chức tín dụng của Ngân hàng Nhà nước, Cơ quan Thanh tra, giám sát ngân hàng hoặc Ngân hàng Nhà nước chi nhánh phải nêu rõ lý do.
Xem chi tiết tại Thông tư 10/2024/TT-NHNN có hiệu lực từ ngày 01/7/2024.
Thông tư 10/2024/TT-NHNN sửa đổi Thông tư 22/2018/TT-NHNN hướng dẫn về thủ tục, hồ sơ chấp thuận danh sách dự kiến nhân sự của ngân hàng thương mại, tổ chức tín dụng phi ngân hàng và chi nhánh ngân hàng nước ngoài (Bản Word)
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THE STATE BANK OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 10/2024/TT-NHNN |
Hanoi, June 28, 2024 |
AMENDING CIRCULAR NO. 22/2018/TT-NHNN DATED SEPTEMBER 05, 2018 OF GOVERNOR OF STATE BANK OF VIETNAM PROVIDING GUIDANCE ON PROCEDURES AND APPLICATION FOR APPROVAL FOR RECOMMENDED PERSONNEL LISTS OF COMMERCIAL BANKS, NON-BANK CREDIT INSTITUTIONS AND FOREIGN BANK BRANCHES
Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010 (as amended);
Pursuant to the Law on Credit Institutions dated January 18, 2024;
Pursuant to the Government's Decree No. 102/2022/ND-CP dated December 12, 2022 prescribing functions, tasks, powers and organizational structure of the State Bank of Vietnam (SBV);
At the request of the Head of the SBV Banking Supervision Agency;
The Governor of the State Bank of Vietnam promulgates a Circular providing amendments to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam providing guidance on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches (FBBs).
Article 1. Amendments to Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam providing guidance on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches (hereinafter referred to as “Circular No. 22/2018/TT-NHNN”)
1. Clause 2 and Clause 3 Article 3 of the Circular No. 22/2018/TT-NHNN are amended as follows:
“2. The written request made by the credit institution or FBB for SBV’s approval for its recommended personnel list:
a) For a credit institution: The written request must bear signature of its legal representative.
If the legal representative of a credit institution is left vacant, the written request will be made by the Board of Directors or Board of Members and bear the signature of Chairperson of the Board of Directors or Board of Members. If the legal representative authorizes another person, or the Chairperson of the Board of Directors or Board of Members authorizes another member of the Board of Directors or Board of Members, or the competent representative of the Owner authorizes another person to sign the written request, such authorization will comply with regulations of law and the letter of authorization which is made in accordance with law must be included in the application;
If the legal representative of a credit institution that is a single-member limited liability company is left vacant or the Chairperson of the Board of Members of the credit institution is not available and its Board of Members does not have enough the minimum number of members as prescribed or only has 01 member, the written request must be signed by the competent representative of its Owner.
b) For a FBB: The written request must bear signature of its General Director (or Director). If the General Director (or Director) authorizes another person to sign the written request, a letter of authorization which is made in accordance with regulations of law must be included in the application. If the General Director (or Director) of the FBB is left vacant, the written request shall be signed by the competent representative of the foreign bank.
3. The application for approval of recommended personnel list shall be submitted by credit institution or FBB directly at the single-window section or by post to the SBV or the relevant SBV’s branch in the province or central-affiliated city (hereinafter referred to as “SBV’s provincial branch”) according to their competence prescribed in Article 4 of this Circular.”.
2. Article 4 of the Circular No. 22/2018/TT-NHNN is amended as follows:
“Article 4. Authority to approve recommended personnel lists of credit institutions and FBBs
1. The SBV’s Governor shall consider giving approval of recommended personnel lists of commercial banks.
2. The Head of the SBV Banking Supervision Agency shall consider giving approval of recommended personnel lists of non-bank credit institutions and FBBs, except cases prescribed in Clause 3 of this Article.
3. The Director of each SBV’s provincial branch shall consider giving approval of recommended personnel lists of FBBs that are located in its responsible province or city and subject to its micro-prudential supervision.”.
3. Article 5a is added following Article 5 of the Circular No. 22/2018/TT-NHNN as follows:
“Article 5a. Assessment of compliance with code of professional ethics by persons to be elected or appointed as members of Board of Directors, Board of Members, Board of Controllers, and General Director (Director) of credit institutions or FBBs
1. The following persons are considered to have failed to comply with the code of professional ethics:
a) The person who must, under the inspection conclusion, assume responsibility for the administrative violation against regulations on licensing, management and administration, shares/share certificates, capital contribution, share purchase, credit extension, purchase of corporate bonds, or prudential ratios for which the violating credit institution or FBB must incur the highest fine in the fine bracket in accordance with regulations of law on penalties for administrative violations in monetary and banking sector;
b) The person who is named in the inspection conclusion and responsible for the penalties for administrative violations in monetary and banking sector imposed upon the credit institution or FBB within 06 months from the date of signing of the warning decision, or 01 year from the date of finishing serving other penalty imposition decision, or 01 year from the date of expiration of the statute of limitations for serving a penalty imposition decision;
c) The person who incurs penalties for administrative violations in monetary and banking sector within 06 months from the date of signing of the warning decision, or 01 year from the date of finishing serving other penalty imposition decision, or 01 year from the date of expiration of the statute of limitations for serving a penalty imposition decision;
d) The person who must, under the inspection or audit conclusion, assume personal responsibility for violations against regulations on licensing, management and administration, shares/share certificates, capital contribution, share purchase, credit extension, purchase of corporate bonds, prudential ratios, classification of assets, off-balance sheet commitments, or establishment and use of provisions for risks for which the result of implementation of recommended remedial measures is not yet accepted by competent authorities.
2. For cases other than those specified in clause 1 of this Article, members of the Board of Directors, the Board of Members or the Board of Controllers, and General Director (or Director) of a credit institution or FBB must comply with the code of professional ethics issued by that credit institution or FBB in accordance with SBV’s regulations on internal control systems of commercial banks, FBBs and non-bank credit institutions, except cases of application for a new license.”.
4. Points c, d Point 1 Clause 6 of the Circular No. 22/2018/TT-NHNN are amended as follows:
“c) The structure and list of members of the Board of Directors, Board of Members and Board of Controllers at present time and after the planned election or appointment by the credit institution (in case of planned election or appointment of members of the Board of Directors, Board of Members and Board of Controllers), in which:
(i) For a credit institution that is a joint-stock company: the quantities of members of the Board of Directors, independent members, members who are not executives, members that are related persons, and members of the Board of Controllers must be clearly specified;
(ii) For a credit institution that is a limited liability company: the quantities of members of the Board of Members and members of the Board of Controllers must be clearly specified.
d) Written assessment of satisfaction by the recommended person with standards and eligibility requirements set out in the Law on Credit Institutions and relevant laws, in which assessment of satisfaction of each eligibility requirement must be given.”.
5. Clause 7, Clause 8, Clause 9 and Clause 10 Article 6 of the Circular No. 22/2018/TT-NHNN are amended as follows:
“7. Documents proving the satisfaction of standards and eligibility requirements by the personnel recommended as members of the Board of Directors/Board of Members of the credit institution as prescribed in point d clause 1 Article 41 of the Law on Credit Institutions. To be specific:
a) Regarding the requirement “have at least 03 years’ experience of working as a manager or executive of the credit institution”:
(i) The credit institution’s charter containing provisions on its managers and executives;
(ii) A document, issued by the competent representative of the credit institution where the recommended person has worked or is working, confirming the position and tenure of the recommended person (including confirmation that the recommended person is its manager or executive) or copies of the documentary evidences of the position and tenure of the recommended person at the credit institution.
b) Regarding the requirement “have at least 05 years’ experience of working as a manager of a finance, accounting or audit enterprise or another enterprise whose equity is not smaller than the legal capital of a credit institution of corresponding type of business”:
(i) A copy of the enterprise registration certificate or another document issued by a competent authority to license, certify or approve registration of operations of an enterprise;
(ii) The enterprise’s charter containing provisions on its manager(s) or its internal regulations if the enterprise's charter does not contain provisions on its manager(s);
(iii) Copies of the financial statements, which have been duly audited by an independent audit organization, of the enterprise where the recommended person has acted or is acting as a manager (for cases of another enterprise whose equity is not smaller than the legal capital of a credit institution of corresponding type of business);
(iv) A document, issued by the competent representative of the entity where the recommended person has worked or is working, confirming the position and tenure of the recommended person (including confirmation that the recommended person is its manager) or copies of the documentary evidences of the position and tenure of the recommended person at this entity.
c) Regarding the requirement “have at least 05 years’ experience of working in a finance, banking, accounting or audit department”: A document, issued by the competent representative of the entity where the recommended person has worked or is working, confirming that the recommended person has worked or is working directly at its finance, banking, accounting or audit department, and his/her working period at such a department, or copies of the documentary evidences of working department of the recommended person and his/her working period at this department.
d) Regarding the requirement “have at least 05 years’ experience of working in a professional department of a credit institution or FBB”: A document, issued by the competent representative of the credit institution or FBB where the recommended person has worked or is working, confirming that the recommended person has worked or is working directly at its professional department, and his/her working period at this department, or copies of the documentary evidences of working department of the recommended person and his/her working period at this department.
8. Documents proving the satisfaction of standards and eligibility requirements by the person recommended as General Director (or Director) of the credit institution as prescribed in point c clause 4 Article 41 of the Law on Credit Institutions. To be specific:
a) Regarding the requirement “have at least 05 years’ experience of working as an executive of the credit institution”:
(i) The credit institution’s charter containing provisions on its executive(s);
(ii) A document, issued by the competent representative of the credit institution where the recommended person has worked or is working, confirming the position and tenure of the recommended person or copies of the documentary evidences of the position and tenure of the recommended person at the credit institution.
9. Documents proving the satisfaction of standard or requirement “have at least 03 years’ experience of working directly in finance, banking, accounting or audit sector” by the person recommended as a member of the Board of Controllers of the credit institution as prescribed in point c clause 3 Article 41 of the Law on Credit Institutions: A document, issued by the competent representative of the entity where the recommended person has worked or is working, confirming that the recommended person has worked or is working directly in finance, banking, accounting or audit sector, and his/her working period in this sector, or copies of the documentary evidences of working sector of the recommended person and his/her working period in this sector.
10. With respect to a person to be elected or appointed in an exceptional case prescribed in point c clause 1 Article 42, point dd or e clause 2 Article 42 of the Law on Credit Institutions: A document issued by a competent authority to appoint the recommended person to act as the representative for the State’s stakes or stakes of an enterprise over 50% of charter capital of which is held by the State at the credit institution; appoint, assign or designate the recommended person to engage in the management, administration and control of the credit institution or credit institution that is declared bankrupt to fulfill tasks.”.
6. Clause 11 is added following Clause 10 Article 6 of the Circular No. 22/2018/TT-NHNN as follows:
“11. Documents proving the compliance with “code of professional ethics”:
a) Assessment and statement of compliance with the “code of professional ethics” as prescribed in Article 5a and elaborated in Appendix No. 01 enclosed herewith;
b) Written assessment of the credit institution or FBB where the recommended person has worked which is made using the form in Appendix No. 04 enclosed herewith.
Where the recommended person has worked for a foreign credit institution that does not provide written assessment and statement of compliance by that recommended person with the “code of professional ethics”, the owner (for a wholly foreign-owned bank), or parent bank (for a FBB) or foreign capital-contributing member (for a credit institution that is a multi-member limited liability company) that submits an application for SBV’s approval of the recommended personnel list shall provide a written statement of compliance by the recommended person with the “code of professional ethics” using the form in Appendix No. 05 enclosed herewith.”.
7. Point b Clause 1 Article 7 of the Circular No. 22/2018/TT-NHNN is amended as follows:
“b) Full name; current position and working place; ID number or citizen identity card’s number or personal identification number (for a Vietnamese national) or personal identification number (for a Vietnamese person who has unknown nationality and is living in Vietnam), or number, date of issue and issuing authority of passport or another document of equivalent validity (for a person who does not hold Vietnamese nationality) of the General Director (or Director) to be appointed;”.
8. Clause 3 Article 7 of the Circular No. 22/2018/TT-NHNN is amended as follows:
“3. The documents prescribed in Clauses 3, 5, 6, 8, 11 Article 6 of this Circular.".
9. Article 8 of the Circular No. 22/2018/TT-NHNN is amended as follows:
“Article 8. Procedures for approval for recommended personnel lists of credit institutions and FBBs
1. The credit institution or FBB shall prepare and submit an application as prescribed in Article 6 or Article 7 of this Circular to the SBV if it is subject to Clause 1 or 2 Article 4 of this Circular or to the SBV’s provincial branch if it is subject to Clause 3 Article 4 of this Circular. If the application is unsatisfactory, within 07 working days from the receipt of the application, the SBV or the SBV Banking Supervision Agency or the SBV’s provincial branch shall request the credit institution or FBB in writing to complete it.
2. The credit institution or FBB shall complete its application at the request of the SBV or the SBV Banking Supervision Agency or the SBV’s provincial branch within a maximum period of 45 working days from the date of its receipt of such request. After the aforementioned time limit, the credit institution or FBB must submit a new application as prescribed in this Circular to the SBV or the SBV Banking Supervision Agency or the SBV’s provincial branch for consideration.
3. Within 30 working days from the receipt of a satisfactory application as prescribed in Article 6 or 7 of this Circular, the SBV or the SBV Banking Supervision Agency or the SBV’s provincial branch shall give a document indicating its approval or refusal to give approval of the recommended personnel list of the credit institution or FBB. If an application is refused, reasons for such refusal must be included in the written document given by the SBV or the SBV Banking Supervision Agency or the SBV’s provincial branch to the credit institution or FBB.”.
10. Article 9 of the Circular No. 22/2018/TT-NHNN is amended as follows:
“Article 9. Review of satisfaction of standards and eligibility requirements by personnel
1. Credit institutions and FBBs must review and assess the satisfaction of standards and eligibility requirements by their recommended personnel in accordance with regulations of law and assume legal responsibility for the adequacy, accuracy and truthfulness of their documents submitted to the SBV.
2. The credit institution or FBB where a recommended person has worked shall assume responsibility to assess the compliance with "code of professional ethics” by that recommended person using the form in Appendix No. 04 enclosed herewith.
Where the recommended person has worked for a foreign credit institution that does not provide written assessment and statement of compliance by that recommended person with the “code of professional ethics”, the owner (for a wholly foreign-owned bank), or parent bank (for a FBB) or foreign capital-contributing member (for a credit institution that is a multi-member limited liability company) that submits an application for SBV’s approval of the recommended personnel list shall provide a written statement of compliance by the recommended person with the “code of professional ethics” using the form in Appendix No. 05 enclosed herewith.”.
11. Article 11 of the Circular No. 22/2018/TT-NHNN is amended as follows:
“Article 11. Notification and reporting
1. The credit institution or FBB shall promptly notify the SBV in writing of changes related to the satisfaction of standards and eligibility requirements by the personnel to be elected or appointed that occur during the SBV’s processing of its application for approval of recommended personnel list or during the period lasting from the date of issue of the SBV’s written approval of the recommended personnel list to the date on which the recommended person is elected or appointed. To be specific:
a) The credit institution or FBB prescribed in Clause 1 or 2 Article 4 of this Circular shall send such notification to the SBV Banking Supervision Agency;
b) The FBB prescribed in Clause 3 Article 4 of this Circular shall send such notification to the SBV’s branch in the province or city where the FBB is located.
2. Within 10 working days from the day on which Chairperson and members of the Board of Directors, Chairperson and members of the Board of Members, Head and members of Board of Controllers and General Director (or Director) are elected or appointed, the credit institution or FBB shall send a written notice of the list of elected or appointed persons which is made using the form in the Appendix 03 enclosed herewith to the SBV in accordance with provisions of Points a, b Clause 1 of this Article.”.
12. Clause 1 Article 12 of the Circular No. 22/2018/TT-NHNN is amended as follows:
“1. The SBV Banking Supervision Agency shall take charge of assessing the satisfaction of application requirements, standards and eligibility requirements of recommended personnel by credit institutions and FBBs that are subject to Clauses 1, 2 Article 4 of this Circular in accordance with regulations of the Law on Credit Institutions and this Circular; taking opinions from relevant agencies; consolidating and requesting the SBV’s Governor to grant or refuse to grant written approval of recommended personnel lists of the commercial banks prescribed in Clause 1 Article 4 of this Circular; granting or refusing to grant written approval of recommended personnel lists of the non-bank credit institutions or FBBs prescribed in Clause 2 Article 4 of this Circular.”.
13. Clause 4 is added following Clause 3 Article 12 of the Circular No. 22/2018/TT-NHNN as follows:
“4. Within 05 working days from the day on which the credit institution or FBB sends a written notification to the SBV, as prescribed in Point a Clause 1 Article 11 of this Circular, of election or appointment of Chairperson of the Board of Directors or Chairperson of the Board of Members, or General Director (or Director) to act as its legal representative as prescribed in its Charter or replacement of its legal representative; or of appointment of General Director (or Director) of the FBB, the SBV Banking Supervision Agency shall send a written notification of such event to the business registration authority of province or central-affiliated city where the credit institution is headquartered or the FBB is located for updating the National Enterprise Registration Information System.”.
14. Article 13 of the Circular No. 22/2018/TT-NHNN is amended as follows:
“Article 13. Responsibilities of SBV’s provincial branches
1. Within 30 working days from the receipt of a satisfactory application from a FBB that is subject to Clause 3 Article 4 of this Circular, the relevant SBV’s provincial branch shall assess the satisfaction of application requirements, standards and eligibility requirements of recommended personnel by the FBB in accordance with regulations of the Law on Credit Institutions and this Circular; take opinions from relevant agencies; grant or refuse to grant written approval of the recommended personnel list of the FBB.
2. Each SBV’s provincial branch shall give its written opinions (using the form in Appendix No. 06 enclosed herewith) at the request of the SBV Banking Supervision Agency within 05 working days from its receipt of such request.
3. SBV’s provincial branches shall receive notifications from FBB as prescribed in Clause 1 Article 11 of this Circular; consider the satisfaction of standards and eligibility requirements by recommended personnel or propose solutions therefor.
4. SBV’s provincial branches shall receive and review notifications of FBBs as prescribed in Clause 2 Article 11 of this Circular. If any error is found, the SBV’s provincial branch shall request the FBB to correct it or propose error correction measures to the SBV’s Governor if the error falls beyond its authority.
5. Within 05 working days from the day on which the FBB sends a written notification to the SBV, as prescribed in Point b Clause 1 Article 11 of this Circular, of its appointment of General Director (or Director), the SBV’s provincial branch shall send a written notification of such event to the business registration authority of province or central-affiliated city where the FBB is located for updating the National Enterprise Registration Information System.”.
Article 2. Replacement and addition of some Appendixes of Circular No. 22/2018/TT-NHNN
1. Appendixes 01, 02 and 03 enclosed with the Circular No. 22/2018/TT-NHNN are replaced with corresponding Appendixes 01, 02 and 03 enclosed herewith.
2. Appendixes 04, 05 and 06 are added following Appendix 03 enclosed with the Circular No. 22/2018/TT-NHNN.
Article 3. Responsibility for implementation
Chief of Office, head of the SBV Banking Supervision Agency, heads of SBV’s affiliated units, Directors of SBV’s provincial branches, credit institutions and FBBs are responsible for the implementation of this Circular.
1. This Circular comes into force from July 01, 2024.
2. Clauses 1, 2, 7, 8, 9, 10, and 12 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 bank branches are abrogated.
3. The Circular No. 13/2020/TT-NHNN dated November 13, 2020 of the Governor of the State Bank of Vietnam providing amendments to the Circular No. 22/2018/TT-NHNN is abrogated.
4. Article 8 of the Circular No. 24/2023/TT-NHNN dated December 29, 2023 of the Governor of the State Bank of Vietnam providing amendments to Circulars on submission, presentation and provision of information and documents on population upon carrying out administrative procedures related to establishment and operation of banks is abrogated./.
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PP. GOVERNOR |
(Enclosed with the Circular No. 10/2024/TT-NHNN dated June 28, 2024 of the Governor of the State Bank of Vietnam providing amendments to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches)
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Color photo (4x6) (fan stamped by certifying authority)
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1. Personal information
- Full name (according to birth certificate).
- Common name.
- Alias.
- Date of birth.
- ID number or citizen identity card’s number or personal identification number, current residence (if different from registered place of permanent/temporary residence) (for a Vietnamese national) or personal identification number (for a Vietnamese person who has unknown nationality and is living in Vietnam).
- Number of passport or another document of equivalent validity, date of issue, issuing authority, nationality(ies), and current residence (for a person who does not hold Vietnamese nationality).
- Name and address of the juridical person for which the declarant acts as a representative, and ratio of contributed capital (in case the declarant is a representative for shares/stakes of a shareholder or capital-contributing member that is a juridical person, or is appointed as a representative for State stakes in a credit institution).
2. Level of education
- General education.
- Academic title/degree (clearly specify name and address of educational institution; major; training duration; all qualifications obtained).
3. Working experience:
- Occupations, working places, and job positions (from 18 years old to present) (2).
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No. |
Period (from…… (month/year) to……. (month/year)) (3) |
Working place |
Job position(4) |
Business lines of employer and in-charge tasks |
Notes(5) |
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- Commendations, disciplines or responsibility, as specified in the inspection authority’s report, for administrative violations committed by the credit institution or foreign bank branch (6).
4. Legal capacity(7)
4a. Information about prohibition from holding certain positions, establishment and management of enterprises/cooperatives (if not specified in criminal record or another document of equivalent validity issued by a foreign competent authority).
5. Declarant’s commitments
I hereby declare that:
- I fully satisfy standards and eligibility requirements for the position of……… at the credit institution/foreign bank branch in accordance with provisions of the Law on Credit Institutions and relevant documents providing guidance on this Law. In addition, I have strictly complied with the code of professional ethics as prescribed in Article 5a of the Circular No. 22/2018/TT-NHNN (as amended) during my employment with credit institutions/foreign bank branches (if any).
- I do not violate regulations and laws in monetary and banking sector.
- I will promptly inform the credit institution/foreign bank branch of any changes in my statements provided herein that occur during the consideration by the State Bank of the application submitted by.............. (name of the credit institution/foreign bank branch).
- All personal information I provided for the credit institution/foreign bank branch to be included in their application for approval of the recommended personnel list is truthful. I shall assume legal responsibility for the adequacy, truthfulness and accuracy of the information provided herein.
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Notes:
1. The declarant must fully declare information as requested and assume responsibility before the law and the credit institution/foreign bank branch for the adequacy, truthfulness and accuracy of the information. In case of unavailability of information, the word “None” must be specified.
2. Information about all the occupations, working places and job positions that the declarant has held or is taking charge of must be fully declared.
3. Time periods must be continuously specified in chronological order.
4. This information must be clearly stated if the recommended person is a manager or executive as prescribed by law and the Charter of the credit institution or enterprise.
5. Information must be provided if the declarant has worked for:
a) A subsidiary of the credit institution;
b) An enterprise over 50% of charter capital of which is held by the State;
c) An entity prescribed in Point e Clause 2 Article 42 of the Law on Credit Institutions;
d) An entity prescribed in Point c Clause 1 Article 42 of the Law on Credit Institutions (name of the entity, time when it is declared bankrupt, job position and working period of the declarant at this entity must be clearly specified);
6. Information must be clearly specified if the declarant is subject to Points d, g Clause 1 Article 42 of the Law on Credit Institutions.
7. Whether the declarant has “full legal capacity”, “limited legal capacity” or is “incapacitated” must be clearly stated.
8. The declarant’s signature must be certified as prescribed by law.
(In addition to the basic information herein, the declarant may also provide additional information if necessary)
(Enclosed with the Circular No. 10/2024/TT-NHNN dated June 28, 2024 of the Governor of the State Bank of Vietnam providing amendments to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches)
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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DECLARATION OF RELATED PERSONS
To: The State Bank of Vietnam (SBV)
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No. |
Declarant and his/her “related person” |
Relationship with the declarant(1) |
ID number/citizen identity card’s number/personal identification number (for a Vietnamese national) or personal identification number (for a Vietnamese person who has unknown nationality and is living in Vietnam) or number and date of issue of passport or another document of equivalent validity (for a person who does not hold Vietnamese nationality) or business registration certificate/TIN or another certificate of equivalent validity (if the related person is an organization, enterprise ID number is specified) |
Position at the applying credit institution |
Position at the subsidiary of the applying credit institution |
Ratio of shares or stakes for which the declarant acts as a representative at the applying credit institution (%) |
... |
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1 |
Nguyen Van A |
Declarant |
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2 |
Nguyen Thi B |
Wife |
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… |
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I hereby declare that all the information provided herein is truthful. I shall assume legal responsibility for the adequacy, truthfulness and accuracy of the information provided herein.
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…. [place & date] |
Notes:
(1) This column will be filled in based on the actual relationship with the related person mentioned in column (2) which falls in one of the cases specified in Clause 24 Article 4 and Clause 3 Article 69 of the Law on Credit Institutions. The declarant must fully declare information as requested and assume responsibility before the law and the credit institution/foreign bank branch for the adequacy, truthfulness and accuracy of the information. In case of unavailability of information, the word “None” must be specified. If the related person has passed award, the word “deceased” must be specified.
(2) The declarant’s signature must be certified as prescribed by law.
(In addition to the compulsory information herein, the declarant may also provide additional information if necessary).
(Enclosed with the Circular No. 10/2024/TT-NHNN dated June 28, 2024 of the Governor of the State Bank of Vietnam providing amendments to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches)
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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List of persons elected or appointed as members of the Board of Directors, the Board of Members, the Board of Controllers, and General Director (Director)
To: …………………………..
Based on the list of persons elected or appointed as members of the Board of Directors, the Board of Members, the Board of Controllers, and General Director (Director) which has been approved by the State Bank under the document No……………….. dated…………., ………………………………. (name of the credit institution/foreign bank branch) has followed personnel election or appointment procedures as prescribed by laws.
……………………………………. (name of the credit institution/foreign bank branch) hereby informs the State Bank of our personnel election or appointment results and also provides information about our election or appointment of Chairperson of the Board of Directors or Board of Members, General Director (Director) acting as the legal representative as prescribed in the Charter of the credit institution or replacement of the legal representative, or information about our appointment of General Director (Director) (for a foreign bank branch) as follows:
1. Board of Directors/Board of Members (tenure:…….)
a) Personnel election or appointment results:
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No. |
Full name |
Elected or appointed position(1) |
Voting result of the General Meeting of Shareholders (if the credit institution is a joint-stock company) |
Resolution/Decision on personnel election or appointment (*) |
Information on legal representative(3) |
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b) Structure of the Board of Directors as prescribed in Article 62 of the Law on Credit Institutions (applicable to the credit institution that is a joint-stock company), in which independent members, members that are/are not executives of the credit institution, and members that are related persons must be clearly specified.
2. Board of Controllers (tenure:….)
a) Personnel election or appointment results:
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No. |
Full name |
Elected or appointed position(2) |
Voting result of the General Meeting of Shareholders (if the credit institution is a joint-stock company) |
Resolution/Decision on personnel election or appointment (*) |
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b) Structure of the Board of Controllers as prescribed in Article 44 of the Law on Credit Institutions, in which full-time/part-time members of the Board of Controllers must be clearly specified.
3. General Director (Director):
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No. |
Full name |
Appointment decision (*) |
Information on legal representative(3) |
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……[place & date] |
Notes:
1. Clearly specify the position of Chairperson or member of the Board of Directors/Board of Members, or independent member of the Board of Directors.
2. Clearly specify the position of the head or member of the Board of Controllers (full-time/part-time).
(*) Clearly specify the type, number, date of issue and effect of the document must be specified, and provide a copy of the document.
3. Clearly specify information on the legal representative, including: full name, sex, position, date of birth, ethnic group, nationality, type of legal document of the individual; number of legal document of the individual; date of issue, issuing authority, permanent residence and contact address.
(In addition to the compulsory information herein, the credit institution/foreign bank branch may also provide additional information if necessary)
(Enclosed with the Circular No. 10/2024/TT-NHNN dated June 28, 2024 of the Governor of the State Bank of Vietnam providing amendments to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches)
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[NAME OF THE CREDIT INSTITUTION] |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. ……. |
…….[place & date] |
ASSESSMENT OF COMPLIANCE WITH CODE OF PROFESSIONAL ETHICS BY PERSONNEL OF CREDIT INSTITUTION/FOREIGN BANK BRANCH
To: ……………………………….
- Pursuant to the Law on Credit Institutions No. 32/2024/QH15 dated January 18, 2024;
- Pursuant to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam providing guidance on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches (as amended);
Pursuant to the Circular No……………… dated…………….. of the Governor of the State Bank of Vietnam prescribing internal control system of………….
- At the request of………………… [name of the recommended personnel or the credit institution/foreign bank branch];
Pursuant to the code of professional ethics issued by………………, …………………………….[name of the credit institution/foreign bank branch] hereby provides information on the compliance with the code of professional ethics by the following personnel during their employment at this credit institution/foreign bank branch, including:
I. Particulars of personnel
1. Name of the first person
1.1. Working period: (From month/year………. to month/year………).
1.2. Job position or assigned task: from month/year………. to month/year……… (in case of a manager or executive of the credit institution, this information must be clearly specified)
2. Name of the second person:
…
II. Information on compliance with code of professional ethics
Based on our internal regulations and supervision by senior executives and the Board of Controllers, ………………………………………….. [name of the credit institution/foreign bank branch] gives assessment of the compliance with the code of professional ethics by the personnel named in Part I hereof as follows:
1. Name of the first person:
1.1. Details of assessment comply with clause 1 Article 5a of the Circular No. 22/2018/TT-NHNN (as amended)
1.2. This person has complied/failed to comply with the code of professional ethics.
In case of non-compliance, the violation, disciplinary action and implementation period.
2. Name of the second person:
….
III. ………………………………………….. [name of the credit institution/foreign bank branch] hereby covenants to assume legal responsibility for the accuracy and truthfulness of the information provided herein./.
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LAWFUL REPRESENTATIVE OF THE CREDIT INSTITUTION/FOREIGN BANK BRANCH |
(Enclosed with the Circular No. 10/2024/TT-NHNN dated June 28, 2024 of the Governor of the State Bank of Vietnam providing amendments to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches)
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[NAME OF FOREIGN CREDIT INSTITUTION] |
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…….[place & date] |
STATEMENT OF COMPLIANCE WITH CODE OF PROFESSIONAL ETHICS BY PERSONNEL TO BE ELECTED OR APPOINTED AT CREDIT INSTITUTION/FOREIGN BANK BRANCH
To: …………………………
- Pursuant to the Law on Credit Institutions No. 32/2024/QH15 dated January 18, 2024;
- Pursuant to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam providing guidance on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches (as amended);
…………[name of the foreign credit institution] hereby provides information on the compliance with the code of professional ethics by the recommended personnel during their employment with us as follows:
I. Particulars of personnel
1. Name of the first person
1.1. Working period: (From month/year………. to month/year………).
1.2. Job position or assigned task: from month/year………. to month/year……… (in case of a manager or executive of the credit institution, this information must be clearly specified)
2. Name of the second person:
…
II. Information on compliance with code of professional ethics
Based on standards and eligibility requirements for holding the position of manager or executive of credit institutions of the home country, the foreign credit institution assesses and provides statement on the compliance by the abovementioned personnel with the code of professional ethics as prescribed in Clause 1 Article 5a of the Circular No. 22/2018/TT-NHNN (as amended) during their employment as stated in Part I hereof.
III. ………………………………………….. [name of the foreign credit institution] hereby covenants to assume legal responsibility for the accuracy and truthfulness of the information provided herein./.
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LAWFUL REPRESENTATIVE OF THE CREDIT INSTITUTION |
(Enclosed with the Circular No. 10/2024/TT-NHNN dated June 28, 2024 of the Governor of the State Bank of Vietnam providing amendments to the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on procedures and application for approval for recommended personnel lists of commercial banks, non-bank credit institutions and foreign bank branches)
To: The SBV Banking Supervision Agency
In response to the Document No…………… dated……………. of the SBV Banking Supervision Agency regarding…………………, the SBV’s branch of………………. hereby provides information obtained during our performance of inspection and supervision tasks as follows:
I. Information on compliance with regulations on standards and eligibility requirements to be satisfied by recommended personnel
1. First person
1.1. Details of assessment comply with clause 1 Article 5a of the Circular No. 22/2018/TT-NHNN (as amended) which must include the following as a minimum:
- Personal responsibility (if any) of the recommended person for the administrative penalty incurred the credit institution/branch of the credit institution (if the highest fine in the fine bracket is imposed, this must be clearly specified);
- Decision on imposition of administrative penalty upon the recommended person (if any).
1.2. Other information on compliance with regulations on standards and eligibility requirements to be satisfied by recommended personnel (if any).
(If any administrative penalty is imposed, penalty imposition decision or record and relevant documents must be provided).
2. Second person:….
…
II. Detailed information as requested by the contact point (if any)
III. Assessment of satisfaction of standards and eligibility requirements by recommended personnel
1. Name of the first person: Give assessment of whether the recommended person satisfies standards and eligibility requirements on the basis of the information in Part I hereof.
In case the recommended person is considered not to satisfy such standards and eligibility requirements, reasons therefor must be specified.
2. Name of the second person: Give assessment of whether the recommended person satisfies standards and eligibility requirements on the basis of the information in Part I hereof.
In case the recommended person is considered not to satisfy such standards and eligibility requirements, reasons therefor must be specified.
…
The information and assessment of the recommended personnel………… given herein by the SBV’s branch of……………. are aimed at serving the SBV Banking Supervision Agency’s information consolidation and reporting./.
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DIRECTOR |