Thông tư 13/2020/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 Ngân hàng Nhà nước Việt Nam ban hành

CIRCULAR

AMENDING 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 PROVISIONAL 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;

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. 16/2017/ND-CP dated February 17, 2017 defining functions, tasks, powers and organizational structure of the State Bank of Vietnam;

At the request of the Head of the SBV Banking Supervision Agency;

The Governor of the State Bank of Vietnam promulgates a Circular amending 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 provisional personnel lists of commercial banks, non-bank credit institutions and foreign bank branches (hereinafter referred to as “Circular No. 22/2018/TT-NHNN”).

Article 1. Amendments to the Circular No. 22/2018/TT-NHNN

Clause 2 Article 3 is amended as follows:

“2. The credit institution or foreign bank branch’s written request for SBV’s approval for its provisional personnel list. To be specific:

a) For a credit institution: The written request shall bear the signature of its legal representative. If the legal representative authorizes another person to sign the written request, a letter of authorization made in accordance with regulations of law is required.

If the legal representative of the credit institution is left vacant, its 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 Chairperson of the Board of Directors or Board of Members authorizes another member of the Board of Directors or Board of Members to sign the written request, such authorization will be made in accordance with regulations of law and the application must include the letter of authorization which is made in accordance with law;

b) For a foreign bank branch: The written request shall bear the 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 made in accordance with regulations of law is required. If the General Director (or Director) of the foreign bank branch is left vacant, the written request shall be signed by the competent representative of the foreign bank.".

Article 2. Responsibility for implementation

Chief of Office, head of SBV Banking Inspection Agency, heads of SBV's affiliated units, commercial banks (except State commercial banks), non-bank credit institutions, and foreign bank branches shall implement this Circular.

Article 3. Implementation

This Circular comes into force from December 28, 2020./.