Circular 08/2015/tt-Nhnn: Amendments And Supplements To Some Articles Of The Circular 40/2011/tt-Nhnn Dated Jan. 15, 2011 Governor's State Bank Regulations On The Licensing And The Organization, ...

Original Language Title: Thông tư 08/2015/TT-NHNN: Sửa đổi, bổ sung một số điều của Thông tư số 40/2011/TT-NHNN ngày 15 tháng 12 năm 2011 của Thống đốc Ngân hàng Nhà nước quy định về việc cấp giấy phép và tổ chức, hoạt...

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CIRCULAR additional amendments to some articles of the circular 40/2011/TT-NHNN dated Jan. 15, 2011 Governor's State Bank regulations on the licensing and the organisation, activity of commercial banks, foreign bank branches, representative offices of foreign credit institutions other foreign organizations, has banking operations in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;
Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;
Pursuant to Decree No. 154/2013/ND-CP DATED 11 November 2013 of government functions, tasks, powers and structure of the State Bank of Vietnam;
According to the recommendation of the Chief Inspector, bank supervision, the Governor of the State Bank of Vietnam issued a circular amending and supplementing some articles of circular 30/2011/TT-NHNN dated Jan. 15, 2011 regulations governing the licensing and operation of institutions, commercial banks, foreign bank branches Office, representatives of foreign credit institutions, other foreign institutions have banking operations in Vietnam.
Article 1. Amendments and supplements to some articles of the circular 40/2011/TT-NHNN dated Jan. 15, 2011 regulations governing the licensing and operation of institutions, commercial banks, foreign bank branches, representative offices of foreign credit institutions, other foreign institutions have banking operations in Vietnam : 1. Clause 4 Article 13 be amended and supplemented as follows: "4. in case of the papers is a copy that is not authenticated copies, copy from the original book then must present the attached original to collation, the collation must sign a copy and be responsible for the accuracy of the copy than the originals."
2. Point b paragraph 4 article 14 be amended and supplemented as follows: "b) a copy of the diploma to prove your level of expertise."
3. additional Item 4 in chapter II are as follows: "item 4: RULES of GRANTING the LICENSE CHANGE, ADDITIONAL CONTENT-LEVEL OPERATIONS on the LICENSE Article 18a. The principle of granting the license change, additional content-level operations on The license grant of license, additional content-level operations on the license follow the following principles: 1. The State Bank non-performing levels change with respect to the content of the activities of commercial banks, foreign bank branches are not allowed to perform under the provisions of the law at the time of grant of change; at the same time, adjust the name of active content be permitted consistent with the provisions of the law on credit institutions and Appendix 01a, 01b attached to this circular. The license is granted change replace all permits, approvals (integral part of the license) which the State Bank has granted to a commercial bank, foreign bank branch that prior to the time change grants.
2. for operations, foreign exchange service; active trading of gold pieces; business operations, product supply derives about Forex, currency, financial assets on the domestic market and on the international market, the grant of additional content operations on the license follow the Bank's own rules and other provisions of the relevant laws.
3. With regard to the content of the activity specified in clause 21 Article 4 establishment license Model and commercial banking activities (Appendix 01a) and model 4 Article 20, clause license foreign bank branches (Appendix 01b), commercial banks, foreign bank branches are made after the approval of the State Bank; the sequences, procedures, conditions, record level supplement the content of this activity into the licence made under the Bank's own rules and other provisions of the relevant laws.
4. in case of commercial bank, foreign bank branch recommended additional content-level operations on the license concurrently with grants changes the license, the State Bank will consider granting a license change that includes additional level content as suggested, on the basis of commercial bank foreign bank branch, meets the profile according to the provisions of article 18 c to this circular.
Article 18b. Procedure for grant proposals approved, additional active content level in the FDA 1. Commercial Bank, foreign bank branch license level, needs additional content levels of activities on establishment license under the provisions of article 18 c this circular sent by post or submitted directly to the State Bank (through inspection agencies, bank supervision).
2. within 30 days from the receipt of complete and valid dossiers of commercial banks, foreign bank branches, the Bank made the grant of license or additional content-level operations on the license or license the content including additional levels as proposed for commercial banks foreign bank branches. The case of rejection, the State Bank reply in writing and stating the reason.
3. After the State Bank issued the license change, additional content-level operations on the license, commercial bank, foreign bank branch must: a) implemented procedures with business registration agency on changes of the license in accordance with the law;
b) announced the change of license on the news media of the State Bank and a newspaper written in the daily 3 numbers in a row or electronic newspaper Vietnam within 7 working days from the date the State Bank issued the license change, additional content-level operations on the license;
c) commercial banks must make amends, supplements the statute consistent with the modified permit content, additional levels and perform registration with the State Bank as defined in article 27 paragraph 3 of this circular.
Article 18 c. Recommended records issued the license change and additional content on the activity licence 1. For an exchange of license: a Single-level change proposal) permit by the legal representative of the commercial bank, foreign bank branch, in the application should specify the active content suggestions made. For 100% foreign-owned bank, in the application need to have committed this is the active content that the owner, foreign bank owns 50% of the capital stock of 100% foreign-owned banks are allowed to perform in the country where the owner, Foreign Bank headquarters , For foreign bank branches, in need of commitment here is the content of the parent bank operations enabled in raw water of origin;
b) directory of active content under the current license, the written approval of the State Bank with a copy of the current license and this approval.
2. For additional content-level operations on the license: a Single additional grant proposals) active content on the licence by the legal representative of the commercial bank, foreign bank branch, in the application needs to specify the content of the proposed additional activities. For 100% foreign-owned bank, in the application need to have committed this is the active content that the owner, foreign bank owns 50% of the capital stock of 100% foreign-owned banks are allowed to perform in the country where the owner, Foreign Bank headquarters. With regard to foreign bank branches, in need of commitment here is the content of the parent bank operations enabled in raw water of origin;
b) resolutions of the Management Board (Board member) of commercial banks unanimously approved the proposed level of addition of active content on the license; the text of the parent banks by legal representative signed the agreed to recommend additional content-level operations on the license (for foreign bank branches);
c) for additional operating grant proposals of interest derivatives, depository operations on the license, in addition to the profile defined in points a and b of this paragraph, commercial banks, foreign bank branches need to have internal processes, including risk management measures tailored to each active content to suggest additions to the license.
3. For cases at the same time to suggest additional content operations on the license and grant of license: a Single additional suggestions) active content on the license and the license granted by the legal representative of the commercial bank, foreign bank branch register in which the contents defined in art. 1 and art. 2 of this Thing;
b) profile specified in point b of paragraph 1 and points b, c paragraph 2 of this Article. "
4. Article 36 be amended and supplemented as follows: a) point a clause 1 be amended and supplemented as follows: "a) authority by the Governor of the State Bank of the decision, including the Governor or a Deputy Governor (Governor of authorization) as Chairman, the members are the heads of the units specified in clause 2 , 3, 4, 5, 6, 7, 8, 9 this; "additional points g and b) point h in clause 2 as follows:" g) Do clue reception, evaluation and the Governor of the State Bank on record to recommend granting the license change, active content addition to the licence of the commercial bank, foreign bank branch;
h) have text accompanying record opinions of relevant units within the Bank about the proposed additional content-level operations on the license for the active content and interest rate derivatives securities activities. "c) supplement to article 11, clause 10 and clause 36 as follows "10. Foreign Exchange Management: a) within a period of 30 days from the date of the inspection, the Agency overseeing the Bank have suggested text, Forex management appraisal records suggest that license and send in writing the Agency inspection, supervision of banks;
b) Have opinions on issues related to the foreign exchange activities of commercial banks, foreign bank branches.

11. within a maximum of 10 days from the date of receipt by the Agency inspection, surveillance of Bank suggest additional content-level operations on the license for the active content and interest rate derivatives securities activities, the relevant units in the State Bank must have specific comments in writing and stating the same opinion Italy or do not agree with the proposal of the commercial bank, foreign bank branch. "2. Replace Appendix 1 attached to circular 40/2011/TT-NHNN dated Jan. 15, 2011 regulations governing the licensing and operation of institutions, commercial banks, foreign bank branches, representative offices of foreign credit institutions, other foreign institutions have banking operations in Vietnam by Annex 1 attached to this circular covers includes: Appendix 01a (model license and commercial banking activities), Appendix 01b (model license foreign bank branches), Appendix 308B (model license offices).
Article 3. Effect 1. This circular effect since August 13, 2015.
2. From the date of this circular effect, the provisions below most effective: 23.3 Points 23, 24 paragraph Item X circular No. 03/2007/TT-NHNN on June 5th, 2007 by Governor of the State Bank of guiding the implementation of a number of articles of Decree No. 22/2006/ND-CP dated 28 February 2006 by the Government on the organisation and operation of the genus foreign bank branches, Bank venture, 100% foreign-owned banks, representative offices of foreign credit institutions in Vietnam.
Article 4. Organizing Chief, Chief Inspector, bank supervision, heads of units of the State Bank of Vietnam, the Director of State Bank branch in the province, city, Chairman of the Board, the President of the Council members, the Director-General (Executive Director), commercial bank ceo (Director) of the foreign bank branch , Head of Representative Office of foreign credit institutions, other foreign institutions have banking operations is responsible for implementation of this circular.