Chương II Thông tư 35/2024/TT-NHNN về cấp đổi Giấy phép, cấp bổ sung nội dung hoạt động vào Giấy phép và tổ chức, hoạt động của tổ chức tín dụng phi ngân hàng do Thống đốc Ngân hàng Nhà nước Việt Nam ban hành: Cấp đổi giấy phép, cấp bổ sung nội dung hoạt động vào giấy phép

Chapter II

REPLACEMENT OF LICENSES, ADDITION OF BUSINESS LINES TO LICENSES

Article 5. Principles of replacement of licenses and addition of business lines to licenses

1. SBV shall not approve the replacement of license if it covers business lines which a non-bank credit institution is not allowed to perform according to regulations of law at the time of application for replacement.

2. SBV shall change names of business lines licensed in conformity with regulations in the Law on Credit Institutions and Appendices issued together with this Circular. The new license shall supersede all licenses and written approvals (relating to amended or modified contents of the license) issued by the SBV to the non-bank credit institution before the time of application for replacement.

3. The addition of foreign exchange services to the license shall comply with SBV’s specific regulations and relevant laws.

4. With regard to addition of other credit extension services and business lines related to banking operations specified in Appendices issued together with this Circular, the non-bank credit institution may render these services and lines after obtaining SBV’s approval; procedures for addition of such services and lines to the license shall comply with SBV’s specific regulations and relevant laws.

5. In case where the non-bank credit institution applies for addition of business lines to the license and replacement of the license at the same time, SBV shall consider issuing a new license with the requested additions if the non-bank credit institution submits all of the documents specified in Clause 3 Article 7 of this Circular.

Article 6. Principles of preparation of applications for replacement of licenses and addition of business lines to licenses

1. An application for replacement of license or addition of business lines to license shall be signed by a legal representative or an authorized representative of a non-bank credit institution. In case the application is signed by the authorized representative, it must be accompanied with the written authorization made in accordance with regulations of law.

2. The application for replacement of license or addition of business lines to license issued to the non-bank credit institution shall be prepared in 01 set of documents in Vietnamese. Documents in foreign languages shall be legalized by consulates in accordance with the law of Vietnam (unless they are exempt from consular legalization in accordance with the law on consular legalization) and translated into Vietnamese. Translations from a foreign language into Vietnamese must be notarized or bear the translator’s signature certified in accordance with regulations of law; If any of the documents is not a certified true copy or a copy made from its original register, the authentic copy shall be presented together with the application for comparison and the official in charge of comparison shall assume responsibility for the accuracy of the copy in comparison with the authentic copy.

3. Each application must include a list of documents.

Article 7. Applications for replacement of licenses and addition of business lines to licenses

1. An application for replacement of license includes:

a) An application form for replacement of license which indicates requested business lines;

b) List of business lines accompanied by the photocopy of the existing license and such written approvals

2. An application for addition of business lines to the license includes:

a) An application form for addition of business lines to the license which indicates additional business lines. If a wholly foreign-owned non-bank credit institution applies for addition of banking operations, its application shall include the commitment of the foreign credit institution that is the owner or the contributing member holding the highest percentage of charter capital of the wholly foreign-owned non-bank credit institution, to ensure that the foreign credit institution is allowed to perform these additional banking operations at the country where the foreign credit institution is headquartered;

b) Resolution of the Board of Directors or Board of Members of the non-bank credit institution giving approval for the addition of business lines to the license;

c) Documents proving satisfaction of requirements for banking operations that the owner or the contributing member holding the highest percentage of charter capital of the wholly foreign-owned non-bank credit institution is allowed to perform at the country where the foreign credit institution is headquartered. These banking operations are expected to be performed in Vietnam.

d) In addition to the documents prescribed in Points a, b and c of this Clause, the non-bank credit institution that wishes to add banking operations specified in the Law on Credit Institutions and Appendices issued together with this Circular to its license shall submit the following additional documents:

(i) Internal regulations on banking operations to be added to the license;

(ii) A written commitment to have fulfilled operation, personnel, facility and technology requirements for banking operations to be added to the license according to regulations of relevant laws.

3. An application for replacement of license and addition of business lines to license at the same time includes:

a) An application form for replacement of license and addition of business lines to license which indicates requested and additional business lines and the commitment specified in point a Clause 2 of this Article;

b) Documents specified in point b Clause 1 and points b,c,d Clause 2 of this Article.

Article 8. Procedures for replacement of licenses and addition of business lines to licenses

1. The non-bank credit institution that wishes to replace the license or add business lines to its license or add business lines to its license and replace the license at the same time shall submit an application according to regulations in Article 7 of this Circular in person or by post to SBV’s headquarters (via the Single-window Section).

2. Within 40 days from the receipt of the sufficient and valid application, SBV shall issue a new license or add business lines to the license or add business lines to the license and issue a new license at the same time at the request of the non-bank credit institution. If the application is refused, the SBV shall give a written notification indicating reasons for refusal to the applicant.

3. After SBV has issued a new license or added business lines to the license, the non-bank credit institution shall:

a) Publish the changes in the license on a mean of communication of the SBV and 03 consecutive issues of a printed newspaper or a Vietnamese online newspaper within 07 working days from the date on which SBV issues a new license or adds business lines to the license;

b) Amend its charter in conformity with the new license or the license covering additional business lines.

Article 9. Fee for replacement of license

1. The fee for replacement of license shall be paid according to regulations of the law on fees and charges.

2. Within 15 days from the date of issuance of a new license, the non-bank credit institution shall pay the required fee for issuance of the new license at SBV

Article 10. Notification of information about replacement of licenses and addition of business lines to licenses

Within 05 working days from the date on which SBV issues a new license or adds business lines to the license or adds business lines to the license and issues a new license at the same time, the Banking Supervision Agency under SBV shall give a written notification enclosed with a Decision on addition of business lines to the license or the new license to the business registration agency of the province where the non-bank credit institution is headquartered for update on the national enterprise registration information system.