Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides for the operational network of commercial banks, including:
a) Establishment, opening of operations, name change, relocation, termination of operation, dissolution of branches, transaction offices, representative offices, and public service providers in Vietnam; branches, representative offices, and subsidiary banks in foreign countries;
b) Change of supervisory branches of transaction offices;
c) Conversion of domestic branches into transaction offices and vice versa;
d) Conversion of legal forms of overseas subsidiary banks of commercial banks.
2. This Circular stipulates the provision of notices on information on the establishment, relocation, dissolution, and termination of the operations of branches, transaction offices, and representative offices in Vietnam and relevant information for business registration agencies.
3. The operational network of Lien Viet Joint Stock Commercial Bank shall comply with this Circular and the regulations of the State Bank of Vietnam on postal transaction offices affiliated with Lien Viet Joint Stock Commercial Bank.
Article 2. Regulated entities
1. Commercial banks.
2. Organizations and individuals relevant to the operational network of commercial banks.
Article 3. Interpretation of terms
For the purpose of this Circular, the following terms shall be construed as follows:
1. Operational network of commercial banks includes domestic branches, transaction offices, representative offices, and public service providers; overseas branches, representative offices, and subsidiary banks of commercial banks as prescribed by the law.
2. Branch refers to a dependent unit of a commercial bank, which performs dependent accounting and has seals and tasks of implementing one or several functions of commercial banks according to the assignments of the commercial bank in conformity with the law.
3. Transaction office refers to a type of branch managed by another domestic branch of a commercial bank, which performs accounting under the form of recording in accounting books, has seals, and is located in a province or centrally affiliated city where the supervisory branch is located. The transaction office shall not:
a) Approve or decide on the credit extension for a client exceeding two (2) billion VND or an amount of foreign currency with equal value after conversion, unless the credit extension is guaranteed by money, savings cards, security instruments issued by the commercial bank, government bonds, or state cash vault bills;
b) Provide international money transfer or payment services.
4. Supervisory branch of a transaction office refers to a branch assigned to perform several managerial contents for a transaction office in the same province or city following the intramural regulations of the commercial bank in conformity with this Circular.
5. Representative office refers to a dependent unit of a commercial bank, which has seals and performs the representative function under the authorization of the commercial bank. The representative office shall not engage in business operations.
6. Public service provider refers to a dependent unit of a commercial bank, which has seals and performs one or several business operation support activities of the commercial bank, including:
a) Researching and applying banking technologies to commercial banks;
b) Providing professional and technical training and advanced training for officials and employees of commercial banks;
c) Performing as contact offices and researching the market;
d) Storing databases and collecting and processing information used for business operations of commercial banks;
dd) Performing other activities for business operation support of commercial banks in conformity with the law.
7. Overseas subsidiary bank of a commercial bank (hereinafter referred to as "overseas subsidiary bank") refers to a bank in which a commercial bank or a commercial bank and relevant persons of the commercial bank own more than 50% of its charter capital or more than 50% of its equity capital with voting rights, established abroad under foreign laws.
8. Time of request is the date prescribed in the written request for the establishment of a domestic branch, transaction office, representative office, or public service provider; an overseas branch, representative office, or subsidiary bank of a commercial bank.
9. Urban areas of Hanoi City and Ho Chi Minh City include cities (if any) and districts of Hanoi City and Ho Chi Minh City.
10. Suburban areas of Hanoi City and Ho Chi Minh City include other areas of Hanoi City and Ho Chi Minh City not prescribed in Clause 9 of this Article.
11. Rural areas are administrative boundary areas, excluding areas of wards of district-level towns, districts, and cities.
12. Heads are directors of branches, directors of transaction offices or equivalents, and heads of representative offices.
13. Information on heads includes full names, sex, date of birth, ethnicity, nationality, type of legal documents of individuals, number of legal documents of individuals, issuance date, issuance place, permanent address, and contact address.
14. Information on names includes names, names in foreign languages, and abbreviated names.
15. Information on addresses includes addresses, phone numbers, fax numbers, emails, and websites.
Article 4. Authority to approve network of commercial banks
1. The Governor of the State Bank of Vietnam (SBV) shall consider approving commercial banks’ establishment, termination, and dissolution of domestic branches (excluding cases of voluntary termination), establishment of overseas branches, representative offices, and subsidiary banks, and conversion of legal forms of overseas subsidiary banks.
2. The Chief Inspector of the Banking Inspection and Supervision Agency shall consider approving commercial banks’ establishment, termination, and dissolution of domestic transaction offices, representative offices, and public service providers (excluding cases of voluntary termination).
3. Directors of SBV branches in provinces and centrally affiliated cities shall consider approving:
a) Relocation of branches and transaction offices;
b) Voluntary termination of operations of branches and transaction offices;
c) Change of supervisory branches of transaction offices.
4. In specific cases, the Governor of SBV shall consider approving:
a) The establishment of domestic branches, representative offices, public service providers, and transaction offices; overseas branches, representative offices, and subsidiary banks of commercial banks based on the procedures prescribed in this Circular in conformity with actual conditions to:
(i) Serve the objectives of socio-economic development, politics, security, national defense, foreign affairs, and monetary policy management in each period;
(ii) Assist commercial banks in resolving people’s credit funds under special control;
b) Conversion of transaction offices into domestic branches of commercial banks based on applications, conditions, and procedures for the establishment of domestic branches prescribed hereof in conformity with actual conditions to implement schemes for restructuring of credit institutions approved by competent authorities;
c) Contents concerning the operational network of commercial banks under special control according to the restructuring schemes approved based on the procedures prescribed hereof.
Article 5. Principles of formulating and submitting applications
1. A commercial bank shall formulate an application in Vietnamese. Submitted documents in Vietnamese shall be copies of the originals or certified copies or copies enclosed with the originals for comparison; in cases where the applicant submits copies enclosed with the originals for comparison, the applicant shall confirm the accuracy of copies compared to the originals. Vietnamese translations of documents in foreign languages shall bear the authenticated or certified signatures of the translators as prescribed by the law.
2. Documents submitted to SBV or an SBV branches in a province or centrally affiliated city by a commercial bank under this Circular shall bear the signature of the legal representative or the person authorized by the legal representative of the commercial bank. Where a legal representative wishes to authorize another person, the authorization must be made through a power of attorney formulated in compliance with the law.
3. The application of the commercial bank shall be submitted to SBV or an SBV branch under one of the following forms:
a) Online submission through the National Public Service Portal or the Public Service Portal of SBV regarding an application for relocation of branches or transaction offices in a province or centrally affiliated city according to Article 19 of this Circular, an application for change of supervisory branches of transaction offices according to Article 22 of this Circular, and an application for voluntary termination of branches or transaction offices according to Article 29 of this Circular;
b) In-person submission at the Single-Window Department of SBV or the SBV branch;
c) Submission via postal services.
4. When submitting the application through the National Public Service Portal or the Public Service Portal of SBV, the e-application may use digital signatures according to the law on the implementation of online administrative procedures.
Where the National Public Service Portal or the Public Service Portal of SBV encounters problems or errors, leading to the inability to receive or exchange electronic information, the declaration, submission, receipt, result return, exchange, and information feedback shall be carried out through postal services or in person at the Single-Window Department of the SBV branch.
5. Documents in an e-application shall be electronic copies scanned from the originals (under PDF format).
Tìm kiếm
Thông tư 32/2024/TT-NHNN về mạng lưới hoạt động của ngân hàng thương mại do Thống đốc Ngân hàng Nhà nước Việt Nam ban hành (Bản Word)