Chương IV Thông tư 34/2024/TT-NHNN quy định việc cấp đổi Giấy phép, cấp bổ sung nội dung hoạt động vào Giấy phép và tổ chức, hoạt động của ngân hàng thương mại, chi nhánh ngân hàng nước ngoài, văn phòng đại diện tại Việt Nam của tổ chức tín dụng nước ngoài, tổ chức nước ngoài khác có hoạt động ngân hàng : Trách nhiệm của các tổ chức, cá nhân có liên quan

Chapter IV

RESPONSIBILITIES OF RELEVANT ORGANIZATIONS AND INDIVIDUALS

Article 22. Responsibilities of commercial banks, FBBs and foreign representative offices

1. Adequately, accurately and promptly provide information at the request of SBV in accordance with provisions of this Circular, and assume all legal responsibility for their provided information.

2. Ensure to be eligible for performing the proposed operations and carry on meeting the eligibility criteria according to regulations;

3. A commercial bank or an FBB participating in international payment systems must comply with the following principles:

a) If it has participated in the international payment systems before the effective date of Decree No. 52/2024/ND-CP dated May 15, 2024 of the Government on non-cash payments, it must complete procedures for addition of the information on the participation in the international payment systems to the License according to the provisions of this Circular within 24 months from the effective date of Decree No. 52/2024/ND-CP. Past the above time limit, the commercial bank or the FBB must stop participating in the international payment systems until completing procedures for addition of the information on the participation in the international payment systems to the License;

b) During the participation in the international payment systems, the commercial bank or the FBB must regularly review, monitor and evaluate their participation in the international payment systems and the organization and operation of the international payment systems in order to make appropriate adjustments to ensure safety for the operations of the commercial bank or the FBB, and fully comply with the provisions of law on prevention and control of anti-money laundering, terrorist financing, financing of proliferation of weapons of mass destruction and safety and security of customer information;

c) The participation in the international payment systems must be conformable to payment commitments in international treaties to which Vietnam is a signatory;

d) The commercial bank or the FBB must comply with regulations on assurance of information security and safety and information system security in banking operations according to regulations of SBV;

dd) The commercial bank or the FBB must be responsible for the content and implementation of internal regulations on business processes and risk management processes when participating in the international payment systems; make a connection with international payment systems in accordance with the issued internal regulations;

e) The commercial bank or the FBB must make annual reports on transactions through the international payment systems by using the form in Appendix 04 enclosed herewith. In unexpected cases or when necessary, the commercial bank or the FBB shall make reports at the request of SBV.

4. The commercial bank or the FBB shall pay the charge for replacement of the license as prescribed in Article 4 of this Circular.

Article 23. Responsibilities of relevant units

1. Banking Inspection and Supervision Agency:

a) Act as a focal point in charge of receiving, appraising and submit applications for replacement or supplementation of Licenses of commercial banks or FBBs which are subject to banking microprudential supervision by Banking Inspection and Supervision Agency as prescribed in Clauses 1 and 2 Article 3 hereof;

b) Send a written request for opinions of relevant units in SBV, enclosed with the application, about addition of interest rate derivatives, commodities derivatives, securities depository and international payment systems to the license when carrying out its responsibilities specified in point a of this clause;

c) Send information on the change together with the Decision to supplement banking operations to the license or new license to the business registration authority of the province where the commercial bank or the FBB is headquartered to update the national business registration information system according to the provisions of Clause 2, Article 5 of this Circular;

d) Notify the business registration authority of the change in legal representative of the commercial bank or the FBB that is subject to microprudential supervision by Banking Inspection and Supervision Agency according to the provisions of Clause 1 and Clause 2, Article 3 of this Circular;

d) Be responsible for managing and storing the application for replacement of the license or addition of banking operations to the license after issuance;

e) Handle difficulties arising during the implementation of this Circular.

2. The operations center:

a) Instruct the commercial bank or the FBB to transfer the charge for replacement of the license;

b) Collect the charge for replacement of the license of the commercial bank or the FBB and transfer the entire charge collected to the State budget according to applicable regulations.

3. The Payment Department:

a) Within 10 (ten) days from the date of receipt of the written request from Banking Inspection and Supervision Agency or SBV’s branch for addition of information on the participation in the international payment systems to the license, the Payment Department shall have a written comment on:

(i) Whether the commercial bank or the FBB has met the documentation requirements in terms of internal regulations on standards for selecting connection to international payment systems;

 (ii) Report on the satisfaction of the requirement that there are internal regulations on standards for selecting connection to international payment systems specified in clause 3 Article 21 of Decree No. 52/2024/ND-CP, including data on transactions through the international payment system as of the time of application submission (in cases where the bank has participated in international payment system before July 1, 2024);

b) Receive and synthesize periodic reports on the status of transactions through the international payment system of the commercial bank or the FBB;

c) Handle problems during the participation in the international payment system of the commercial bank or the FBB.

4. Department of Information Technology.

Within 10 (ten) days from the date of receipt of the written request from Banking Inspection and Supervision Agency or SBV’s branch for addition of information on the participation in the international payment systems to the license, the Department of Information Technology shall have a written comment on:

a) Whether the commercial bank or the FBB has met the documentation requirements specified in Point dd(iii) Clause 2 Article 9 of this Circular and have internal regulations on standards for selecting connection to international payment systems in terms of technical requirements and assurance of safety and security when participating in international payment systems;

b) Report on the satisfaction of the requirement that there is an information system that meets the requirements for administration, safety and security as prescribed in Clause 3, Article 21 of Decree No. 52/2024/ND-CP (if the commercial bank or the FBB has participated in the international payment system before July 1, 2024).

5. International Cooperation Department:

Within 10 (ten) days from the date of receipt of the written request from Banking Inspection and Supervision Agency or SBV’s branch for addition of the information on the participation in the international payment system to the License for operations Actively participating in the international payment system, the International Cooperation Department shall review, consider, and give comments on the application of the commercial bank or the FBB in accordance with international commitments on payments in international treaties to which Vietnam is a signatory.

6. Monetary Policy Department:

Within 10 (ten) days from the date of receipt of the written request from Banking Inspection and Supervision Agency or SBV’s branch for addition of interest rate derivatives, commodities derivatives, and securities depository to the license, the Monetary Policy Department must have a written comment on.

7. Foreign Exchange Management Department:

Within 10 (ten) days from the date of receipt of the written request from Banking Inspection and Supervision Agency or SBV’s branch for addition of information on the participation in the international payment systems to the license, the Foreign Exchange Management Department shall have a written comment on:

a) The fact that the commercial bank or the FBB has issued internal regulations on standards for selecting connection to international payment systems in terms of the content related to legal regulations on foreign exchange management when participating in the international payment systems (if any);

b) Report on the satisfaction of the requirement that there are internal regulations on standards for selecting connection to international payment systems specified in clause 3 Article 21 of Decree No. 52/2024/ND-CP in terms of the content related to legal regulations on foreign exchange management when the commercial bank or the FBB participates in the international payment systems (if any) (in cases where the bank has participated in the international payment systems before July 1, 2024);

8. SBV’s branch:

a) Receive and appraise applications for replacement or supplementation of Licenses of FBBs and applications for modification or supplementation of licenses in terms of changes of the foreign representative offices that are subject to microprudential supervision by SBV’s branch to the license according to the provisions of Clause 3, Article 3 of this Circular;

b) Send a written request for opinions of the People's Committee of the province or central-affiliated city where the foreign representative office is expected to be headquartered (in case of relocation to another province or city) according to the provisions of Article 11 of this Circular;

c) Send information on the change together with the Decision to add banking operations to the license or new license to the business registration authority of the province where the FBB is located to update the national business registration information system according to the provisions of Clause 3, Article 5 of this Circular;

d) Notify the business registration authority of changing the legal representative of the FBB that is subject to microprudential supervision by SBV’s branch according to the provisions of Clause 3, Article 3 of this Circular; of changing the chief of the foreign representative office;

dd) Be responsible for managing and storing the application for replacement or supplementation of the License or addition of changes of the FBB to the License; for modification or supplementation of changes of the foreign representative office to the license after issuance;

e) Receive the written notification from the foreign representative office whose head office is located in the province or city where the branch is located of the changes specified in Clause 2, Article 10 of this Circular;

g) Notify the Ministry of Public Security (via the Department of Economic Security) of the head of the foreign representative office after receiving the written notification of change from the foreign representative office;

h) Send a written request for opinions of relevant units affiliated to SBV, enclosed with the application, about supplementation of interest rate derivatives, commodities derivatives, securities depository and international payment systems to the license when carrying out its responsibilities specified in point a of this clause;

i) Instruct the FBB to pay the charge for replacement of the license;

k) Collect the charge for replacement of the license of the FBB except for FBBs that are subject to microprudential supervision by Banking Inspection and Supervision Agency and transfer the entire charge collected to the State budget according to applicable regulations.