Decree 96/2014/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Money And Banking

Original Language Title: Nghị định 96/2014/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực tiền tệ và ngân hàng

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THE GOVERNMENT.
Number: 96 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 17, 2014

DECREE

Regulation of administrative violations in the field of currency and banking.

____________________

Government Law Base December 25, 2001;

The Administrative Administrative Processing Law on June 20, 2012;

Vietnam State Bank Law Base June 16, 2010;

The Law School of Credit: June 16, 2010;

The Money Insurance Base sent June 18, 2012;

Office of Law Enforcement, Anti-Money laundering June 18, 2012;

The transfer of the Law of Transfers on November 29, 2005;

The Foreign Office on December 13, 2005, France ordered the amendment, adding some of the provisions of the Foreign Exchange Ordination on March 18, 2013;

At the suggestion of Governor of the State Bank of Vietnam,

The government issued a decree regulating the administrative breach in the field of currency and banking.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree regulates the administrative violations, the punishment form, the penalty level, the remediation measure, the authority to punish the administrative breach, the authority to compile the administrative breach in the field of currency and banking.

2. Administrative violations in the field of currency and banking include:

a) Violation of management regulation and use of license;

b) Violation of organization, governance, operating;

c) Violation of the provision of shares, stocks;

d) Violation of capital raising and service supply fees;

Violations of the regulation of credit, trustee, trustee, and interbank activities;

e) Violation of the regulation of credit information activities;

g) violations of the regulation of foreign exchange and business activities;

h) violations of the regulation of payment, currency management and treasury;

i) Violation of purchasing regulations, investing in fixed assets and real estate business;

l) Violation of the safety assurance of the operation of the credit organization;

l) Violation of deposit insurance regulations;

m) Violation of room regulation, anti-money laundering;

n) Violation of the regulation of information mode, report;

o) Violation of the regulation on obstruction of inspection, does not execute the request of the competent person.

3. Administrative violations involving state management of currencies and banks prescribed at other Government Decree Regulations apply regulations at those resolutions to sanctiate.

What? 2. The subject is sentenced to administrative violations

Individuals, domestic and foreign organizations (later collectively known as individuals, organizations) have infringed violations of the laws of currency and the bank that is subject to regulatory violations by regulation at this decree.

What? 3. Form of sanctions, fines, penalties of money and remediation of the consequences.

1. The main form of punishment:

a) Police.

b) Money.

2. Form of additional sanctions:

a) The title of use of a license, certificate issued by the authority with a jurisdiction over one or some activities, banking services and some other business operations in the field of currency, banking or suspension of a deadline for one or some of its operations. The bank and a number of other business activities are licensed by the State Bank of Vietnam (later known as the State Bank) which grants violations of the rule of law on currency and banking;

b) The confiscation of the animal, the medium used to violate the administrative.

3. Money and penalty fines:

a) The maximum amount of money for violations in the currency and banking sector for the violation organization was 2,000,000,000 and for individuals in violation of 1,000,000,000;

b) The amount of regulation prescribed at Chapter II This decree is the amount of a fine applicable to the individual, except for cases where the violation of the breach is organized. The amount of fines for the organization equals 02 times the amount of money for the individual;

c) The amount of fines on violations of the behavior of individuals in the human credit fund, the financial institution of 10% (ten percent) of the preregulation rate at Chapter II This decree; the amount of fines on the people's credit fund, The microfinance organization doubles the amount of money on the individual's credit fund, the microfinance organization;

d) The penitential authority of each of the prescribed titles at Chapter III This decree is the jurisdiction of the fine applicable to the individual. The authority to punish money applies to the organization by 2 times the jurisdiction of the fine applied to the individual.

4. Measure corrects:

Depending on the nature, the extent of the violation, the organization, the individual violation of one or some of the remediation measures are specified specifically at this Decree.

Chapter II

ADMINISTRATIVE BREACH,

PENALTY FORM AND FINES

Item 1

BREACH OF REGULATORY REGULATION AND USE OF LICENSE

What? 4. Violate regulations on license issued by State Bank

1. Money from 20,000,000 to $40,000,000 against the behavior of using the name inscribed on the documents, the papers in the operation are not the correct name in the license.

2. Fines of 40,000,000 to 80,000,000 people on the conduct do not guarantee sufficient conditions on the conditions of the opening of the operating activity in Clause 2 Article 26 of the credit organizations.

3. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) Frauds the proof papers eligible to be granted a license in the filing of a license grant, except for the specified case in paragraph 2 Article 19 This decree;

b) On loan, lease, purchase, sale, license transfer;

c) Bleach, repair of the license that changes the contents of the license.

4. Money from 150.000,000 to 200,000,000 on one of the following violations:

a) The assumption of the proof papers is eligible to be granted a license in the filing of a license issue, except for the specified case in paragraph 2 Article 19 This decree;

b) The operation is not correct in the contents of the license, except for the specified case at paragraph 6 Article 18, Clause 7 Articles 24, Point 4, point b Article 5 Article 25 This Protocol.

5. Money from $300,000,000 to 400,000,000 in operating behavior after having been questioned by the authorities in accordance with a prescribed suspension at Point 2 Article 59 The State Bank Law of Vietnam, Points a 2 Article 148 Laws Credit card.

6. Money from 400,000,000 to $500,000,000 for unlicensed operating behavior, except for the specified case in Clause 7 Articles 24, Point 2, point a paragraph 4, paragraph 7 Article 25 This decree.

7. Apply the additional form of punishment:

The confiscation of the artifacts is a permit for the procedure to be removed, corrected for the behavior of regulation at Point 3 This Article.

8. Apply the remediation measure:

a) To submit to the illegal state budget that is available due to the implementation of a regulatory violation at Points a, b Clause 3, Clause 4, 5 and 6 This Article;

b) The granting of the authority has the authority to revoking the license to the violation at Point 3, Clause 4 and paragraph 5 This;

c) Proposition or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and other duties. The foreign bank branch of the individual and/or the individual is responsible for the violation of regulations in Clause 3, 4, 5, 6 This Article.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

What? 5. Violation of the regulation of changes must be approved by the State Bank in writing.

1. Money from 20,000,000 to $40,000,000 for the conduct of a banking operation when it has not been confirmed by the State Bank.

2. Fines from 50,000,000 to 100,000,000 to the implementation of one of the following acts as not yet written by the State Bank in writing:

a) Change the name of the credit organization, the foreign bank branch, the branch of the credit organization;

b) The temporary business is suspended for over 1 day, except for the absence of an intractable cause.

3. Money from 100,000,000 to $150,000,000 for the transfer of the capital ' s contribution to capital, transfer the shares of the large shareholder, the equity transfer leading to the large shareholder becoming a regular shareholder and vice versa when not yet. State Bank approx in writing.

4. Money from 150.000,000 to 200,000,000 for the behavior of a change of capital, the level of capital granted when not granted by the State Bank in writing.

5. Money from 200,000,000 to $250,000,000 for the implementation of one of the following acts as not yet written by the State Bank in writing:

a) Change the location of the headquarters, the trading department, the branch of the credit organization, the location of the headquarters of the foreign bank branch;

b) The listing on the stock market in the country and abroad.

6. Money from 250,000,000 to $300,000,000 for the implementation of one of the following acts as not yet written by the State Bank in writing:

a) Established, acquisition of subsidiary companies, the company aligned under the provisions of Clause 2, 3 Articles 103, and Clause 3 Articles 110 Law organizations;

b) donation capital, purchasing shares of the commercial bank by regulation at Point b Section 4 Article 103 Law of Credit organizations;

c) Joining the international payment system;

d) Acquisition of the shares of shareholders, which after the payment of all the purchased shares resulted in a reduction in the regulatory capital under the provisions of Article 57 of the credit organizations.

7. Money from 400,000,000 to $500,000,000 for split, separation, merge, merger, conversion of legal form of credit organization, foreign bank branch that has not yet been granted a written consent jurisdiction.

8. Apply the additional form of punishment:

The recommended body of the authority to suspend the stock is listed for a period of 1 month to 3 months for the violation of the specified breach at Point 5 This Article.

9. Apply the remediation measure:

a) Not to separate the dividend of the specified violation behavior at the point of Article 6 This Article until the restoration of the specified capital;

b) Forcing the capital at its subsidiary, the company linked to the violation of regulation at the points a, b paragraph 6;

c) Proposition or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and other duties. The foreign bank branch of the individual and/or the individual is responsible for the violation of the regulations in Clause 3, Clause 5, Points b and d 6 This.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

Item 2

VIOLATION OF THE ORGANIZATION, GOVERNANCE, EXECUTIVE.

What? 6. Violation of governance regulations, executive

1. Money from 20,000,000 to 40,000,000 to one of the following violations of the following:

a) Violation of the provisions of the Board of Directors, Board of Members, Board of Control at Article 43, Article 44, Article 62, Clause 1 Article 70, Article 81 The Law of Credit:

b) Do not maintain full assurance of conditions, standards for members of the Board of Directors, Board of Control, General Manager under the provisions of the Law of Credit organizations;

c) Non-organization or organization of the Grand Council of shareholders is not correct.

2. Free from 40,000,000 to 80,000,000 to the elected behavior, appointing those who are not jointly appointed as stipulated at Article 34 and Clause 3 Articles 83 Rules of credit organizations.

3. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) Vote, appoint those who are not appointed as provisions in Clause 2, 3 Article 33 Laws of credit organizations;

b) Vote, to appoint the prescribed titles at paragraph 5 Article 50 Laws of non-qualified credit organizations, the conditions under the rule of law.

4. Money from 150.000,000 to 200,000,000 for election behavior, appointment of unqualified titles, regulatory conditions on Clauses 1, 2, 3 and 4 Article 50 Rules of credit organizations.

5. Money from 200,000,000 to $250,000,000 for election behavior, appointment of non-guaranteed cases in Clause 1 Article 33 of the credit organizations.

6. Apply the remediation measure:

a) For a maximum period of 3 months from the date of the decision to penalty the administrative violation valid, credit organization, branch, foreign bank must seek to replace the elected subjects, appoint a regulatory violation at the 2, 3, 4, and 5 Articles. Hey.

b) The case of a credit organization, the foreign bank branch that does not implement the regulation at this point of paragraph, offers the authority to issue a decision on the dismissal of the elected subjects, to appoint a violation of the provisions in the 2, 3, 4, and 5 Articles.

What? 7. Violation of the regulation of internal regulation

1. Money from 10,000,000 to 20,000,000 people on the conduct of not sending the State Bank one or a number of internal regulatory texts by regulation at Clause 3 Article 93 Rules of Credit organizations.

2. Penituation of 40,000,000 coins to 80,000,000 to one of the following violations of the following:

a) Not to issue one or a number of internal regulations stipulated at paragraph 2 Article 93 Law of Credit organizations;

b) The internal regulation specified in paragraph 2 Article 93 Law of credit organizations is not correct by law;

c) Not to issue one or a number of internal regulations stipulated at Article 20 Laws, Anti-Money laundering.

3. Apply the remediation measure:

The cancellation of an internal regulation is not correct for the law on the behavior of the specified violation at Point 2 This Article.

What? 8. Violation of the regulation of internal audit, internal control, independent audits.

1. Money from 20,000,000 to $40,000,000 against the behavior does not report the audit results.

2. Penituation of 40,000,000 coins to 80,000,000 to one of the following violations of the following:

a) No choice to organize an independent audit in accordance with Article 42 of the Law of Credit organizations;

b) Not to inform the State Bank of the independent audit organization selected for the 30-day period by regulation at Clause 2 Article 42 The credit organizations.

3. Money range from 80,000,000 to 100,000,000 to one of the following violations:

a) Internal audit does not perform regulatory content at paragraph 2 Article 41 Law of credit organizations and relevant law regulations;

b) Do not implement an independent audit again in the case of an opinion-of-opinion audit report except for the independent audit organization under the regulation at Section 3 Article 42 The credit organizations.

4. Money from 100,000,000 to $150,000,000 for non-establishment of a controlled internal audit under the Control Board.

5. Money from 200,000,000 to $250,000,000 for non-construction of the internal control system under the provisions of Clause 2 Article 40 of the credit organizations.

Section 3

PARTIAL VIOLATION OF SHARES, STOCK

What? 9. Violation of the stock of shares, stock

1. Money from 50,000,000 to 100,000,000 people on one of the following violations:

a) Not to issue shares on the case of shares issued in the form of a certificate in the 30-day period, since the opening date of operation against new established credit organization or for a 30-day deadline, since the date of shareholder payment is eligible. shares of the purchase commitment to the provision of the charter capital increased credit;

b) The founding shareholder does not hold the minimum number of shares in terms of proportion and time stipulated at the Article 5 Article 55 Law of Credit organizations.

2. Free from 100,000,000 to 150.000,000 people on one of the following violations of the following:

a) The ownership of the shares exceeds the regulation rate at 1, 2 and 3 Article 55 Law of Credit organizations;

b) Acquisition of the shares of shareholders, which after the payment of all the purchased shares does not guarantee the safety rates in the banking operation stipulated at a Article 130 Law of Credit organizations.

3. Apply the remediation measure:

a) The sale of the number of shares exceeds the rate by statute for a maximum period of 6 months from the date of the decision to penalty the administrative violation valid for the violation of the specified breach at Point 2 This Article;

b) Accusing the correct safety rate for a maximum period of 6 months for the violation of the specified breach at Point 2 This Article;

c) Not to separate the dividend of the specified violation behavior at Article 2 until the remediation of the breach;

d) The offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of administration, executive, control; not to assume administrative, executive, control at credit organizations, details, and administrative duties. The foreign bank branch of the individual and/or the individual is responsible for the behavior of the regulations stipulated at Clause 2 This.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

What? 10. Violation of capital regulation, share purchase

1. Money from 100,000,000 to $150,000,000 for other capital use other than the regulatory capital and reserve funds to fund, buy an undefined stake in Clause 1 Article 103, Clause 1 Article 110 The Rules of Credit organizations.

2. Money from 150.000,000 to 200,000,000 co-conduct on the conduct of business practices stipulated at a 2 Article 103 Law of Credit organizations, but does not establish or acquire subsidiary companies, affiliated companies.

3. Money from 200,000,000 to $250,000,000 for purchasing behavior, holding the stock of the other credit organization is not on the right condition and beyond the regulation limit of the State Bank.

4. Money range from 250,000,000 to 300,000,000 to one of the following violations:

a) Violation of capital limits, purchase of provisions of provisions at Article 129 Law of Credit organizations;

b) Violation of capital regulation, purchase of the provisions of provisions at Article 135 Credit organizations.

5. Apply the remediation measure:

a) The recovery of the amount of capital used is not correct for the behavior of the specified violation at Article 1;

b) Forcing the transfer of capital funds, buying an undefined share of the shares for the behavior of the regulations specified in paragraph 4;

c) Not to divide the dividend to the conduct of the regulations specified in this Article until the remediation of the breach;

d) Not for the extent of the scope, scale and site of operation during the unrecitable period of violation of the violation of regulations in this Article;

Forced to submit to the illegal state budget illegally was due to conduct violation of regulations on Clauses 1, 2, 3 This Article;

e) Offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and administrative duties. The foreign bank branch of the individual and/or the individual is responsible for the violation of regulations on Clause 1, 2, 3, 4 This.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

What? 11. Violation of the sale of the sale, the equity transfer

1. Money from 200,000,000 to 250,000,000 to one of the following violations:

a) The shareholder is personally a member of the Board of Directors, member of the Board of Control, General Manager (Director) of the credit transfer credit organization in the time of the office of duty;

b) The shareholder is an organization whose representative is a member of the Board of Directors, member of the Board of Control, General Manager (Director) of the credit-transfer credit organization during the time the agent assumes office.

2. Fines from 250,000,000 to $300,000,000 for the equity transfer behavior during the time processing period under the resolution of the Grand Council resolution or by the decision of the State Bank due to individual responsibility of the Board Member of the Council. The board member, the Director-General (Director) minus one of the prescribed cases at points a, b, and c 2 Article 56 Law organizations.

3. Apply the remediation measure:

a) Forcing the restoration of the number of shares of the transferred concession at this Article in the maximum period of 6 months from the date of the decision to punish the administrative violation valid;

b) Offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and other duties. The foreign bank branch of the individual and/or the individual is responsible for the behavior of regulations stipulated at this.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

Section 4

BREACH OF CAPITAL MOBILES

AND THE SERVICE SUPPLY FEE

What? 12. Violation of deposit rules

1. Money from 100,000,000 to $150,000,000 for the credit-receiving behavior of the credit organization, the non-regulatory foreign bank branch of the law.

2. Money from 150.000,000 to 200,000,000 for the organization's deposit, the individual is not allowed to receive deposits.

What? 13. Violation of valuable paper release

1. Free from 100,000,000 to 150.000,000 people on one of the following violations of the following:

a) Release the untrue value of one of the content at the approved level of the competent authority;

b) No correct implementation of the object purchased by the purchase of the price document, the conditional release of the paper, the conversion conditions for the conversion bond.

2. Penitentiated from 200,000,000 to 250,000,000 copper on the conduct of issuing documents priced in Vietnam, with foreign currency to raise the organization's capital, domestic or foreign individuals when not granted a written consent jurisdiction in accordance with the document. The rules of the law.

3. Apply the remediation measure:

Forcing the recovery of issued documents and reimbursable to the customer the amount of money in terms of denominates and interest rates at the rate of interest have been agreed upon by the regulatory violation at Clause 1, 2 This Article.

What? 14. Violation of regulation on capital raising interest, service supply fee

1. Penituation from 10,000,000 to 20,000,000 to one of the following violations of the following:

a) Not publicly listed capital raising interest rates, the rate of service supply by regulation;

b) A list of capital raising interest rates, the fee supply fee is not clear, confusing to the customer;

c) Capture the non-correct service supply charges except for the specified case at Point 4 Article 15, Point 2 Article 24 This Protocol.

2. Money from 20,000,000 to $40,000,000 for the behavior that applies capital raising interest rates, the higher level of service supply fees than the already listed.

3. Money range from 50,000,000 to 100,000,000 in violation of the regulatory violation of capital raising interest rates; business, derivatives products on interest rates, currency and other financial assets, except for regulatory violations at Clauses 1, 2 Articles. This is a six-order Article 24 of this decree.

4. Apply the remediation measure:

a) To submit to the illegal state budget illegally obtain due to the conduct of a violation of the provision of regulatory services in this Article;

b) Offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and other duties. The foreign bank branch of the individual and/or the individual is responsible for the violation of the regulations in paragraph 3 This Article.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

Section 5

BREACH OF CREDIT, TRUSTEE,

COMMUNICATIONS AND INTERBANK ACTIVITIES

What? 15. Violation of the credit level

1. Money from 10,000,000 to 15,000,000 in one of the following violations:

a) Save the correct credit grade profile of the law;

b) Release a non-denominated bail commitment issued by the credit organization, the foreign bank branch of the design.

2. Penituate from 15,000,000 to 20,000,000 in non-checking behavior, which oversees the use of the borrower's capital and pays the debt of the customer by the rule of law.

3. Money from 20,000,000 to 30,000,000 to one of the following violations:

a) The set of credit-granting contracts is not sufficient content under the rule of law;

b) As long, reducing the interest rate of credit is not correct by law;

c) The restructuring of the statute of limitations is not the correct rule of law;

d) Apply the correct credit level interest rate of the law.

4. Money range from 30,000,000 to 60,000,000 to one of the following violations:

a) The issuer does not have a contract or written agreement;

b) The correct non-regulation of the law of charges related to the credit level operation;

c) Force customers to use the loan to the main credit organization, the foreign bank branch.

5. Money range from 80,000,000 to 150.000,000 to one of the following violations:

a) The issuer to the organization, the individual is not eligible under the rule of law;

b) The issuer is not secured, granting credit to preferable conditions for the specified objects at Clause 1 Article 127 The credit organizations;

c) Violation of the provisions of the credit level at Clause 3 Article 127 Rules of Credit organizations;

d) Loan capital via loan client;

Signing of the bail contract, the guarantee is not correct in accordance with the rule of law.

6. Money from 150.000,000 to 200,000,000 coins for one of the following violations:

a) In violation of the prescribed credit limit at Clause 2, 4 Articles 127, Clause 1, 2, 8 Articles 128 Law organizations;

b) Transfer of the rights, obligations of the bail party, the bail party, the recipient of the guarantee to the credit organization, the other foreign bank branch;

c) The level of credit in other forms is not approved by the State Bank.

7. Money range from 200,000,000 to $250,000,000 for violations of the limits and credit-level conditions to invest, business bank stock business, the foreign bank branch in accordance with provisions at Clause 5 Article 128 Laws of Organizational Institutions Credit card.

8. Money range from 250,000,000 to 300,000,000 to a credit-level behavior on the organization, individual regulations on Clauses 1, 3, 4, 5, 6 Articles 126 Law organizations.

9. Apply the remediation measure:

a) Forcing the recovery of a limited portion of credit to a limit, limited to a maximum of 6 months from the date of the decision to penalty the administrative violation valid for the violation of the specified breach at Point 6, Clause 7 This Article;

b) Forcing Debt Recovery for a maximum period of 6 months from the date of the decision to punish the administrative violation valid for the violation of regulations at Points b, d Section 5, paragraph 8 This Article;

c) Forcing Large Shareholder Shareholder shareholder transfer of shares, which contributes to the rule of law in a maximum of 6 months from the date of the decision to punish the administrative violation valid for the violation of regulations at points a, b, c Clap 5, Point a six.

d) The offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of administration, executive, control; not to assume administrative, executive, control at credit organizations, details, and administrative duties. The foreign bank branch of the individual and/or the individual is responsible for the violation of the regulations in Clause 5, Point A 6, Clause 7 and Clause 8 This.

Requiring a credit organization, the foreign bank branch, and the implementation of other regulatory measures under the law of the jurisdiction of the jurisdiction, of the credit organization, the foreign bank branch.

What? 16. violations of the regulation of trust and trust

1. Money from 80,000,000 to 100,000,000 to one of the following violations:

a) Trust, delegated non-subject to the rule of law;

b) The commission contract is not correct in accordance with the rule of law.

2. Penituation from 100,000,000 to 150.000,000, the mandate does not meet the provisions of the law.

3. Apply the additional form of punishment:

The suspension of the trust organization of the credit organization, the foreign bank branch in the period from 1 month to 3 months for the alleged breach of regulation at this.

4. Apply the remediation measure:

a) to recharge/revoking the trust property to the trust party to the conduct of the regulations specified in this Article;

b) Offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and other duties. The foreign bank branch of the individual and/or the individual is responsible for the behavior of regulations stipulated at this.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

What? 17. Rules of regulation on corporate bonds

1. Money from 15,000,000 to 30,000,000 people on the conduct of non-monitoring the use of proceeds from the company's bond issue.

2. Money from 30,000,000 to $40,000,000 for a contract to make a contract to buy an enterprise bond without sufficient content under the rule of law.

3. Money from $40,000,000 to $60,000,000 for corporate bond-buying behavior without a contract.

4. Money range from 80,000,000 to 100,000,000 to one of the following violations:

a) appraisold, examination of the methodology and conditions of the bond issue of the business to consider the decision to buy corporate bonds when there is not sufficient provisions under the law;

b) No appraisal, examination of the method and conditions of the bond of the business;

c) The foreign bank branch buys the convertiable business bond.

5. Apply the remediation measure:

a) Forcing Debt Recovery for a maximum of 1 year period from the date of the decision to punish the administrative violation valid for the conduct of the prescribed violation at Clause 4 This Article;

b) Offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, Executive, control; not to assume administrative, executive, control at credit organizations, details, and administrative duties. The foreign bank branch to the individual violated and/or the individual is responsible for the violation of the provisions in paragraph 4 This Article.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the branch, the foreign bank.

What? 18. Regulation of regulation in interbank activity

1. Penituation from 10,000,000 to 20,000,000 to one of the following violations of the following:

a) Update and save loan information for loans, loans; purchase, sale of an uncorrect price of paper on the law;

b) Do not confirm the transaction by regulation;

c) Set up the loan contract, repurchase the correct non-form, content-based paper on the rule of law.

2. Money from 20,000,000 to 30,000,000 to one of the following violations:

a) No right implementation of the loan deadline, the borrower, deposit, deposit, deposit, and purchase, the sale of the price of paper is priced;

b) No payment of loans to loans, loans; deposits, deposits of deposits; purchase, sale of a certificate of paper priced with a Vietnamese copper through the interbank electronic payment system under the rule of law;

c) Do not implement the prescribed purchase process for the specified price.

3. Money from 30,000,000 to 40,000,000 to one of the following violations:

a) The branch of the credit organization implementing the loan transaction, the borrower, deposing money, receiving deposits outside the scope of the headquarters of the authorized credit card organization;

b) Perform the loan transaction, the borrower at the trading posts outside the headquarters of the foreign bank branches in Vietnam.

4. Money range from 40,000,000 to 60,000,000 to one of the following violations:

a) Do not implement the right stipulation of the conditional on loan transaction, borrower; purchase, sale of valuable paper priced with credit organizations, foreign bank branches;

b) Do not consider, reassess the customer by regulation to determine the credit limit for each customer;

c) Do not properly implement the provision of information for the loan party to serve to evaluate the customer and determine the extent of the transaction.

5. Money from $80,000,000 to $120,000,000 for purchasing behavior, selling for a limited amount of valuable paperwork is not allowed to buy, sell.

6. Money from $150,000,000 to 200,000,000 for the conduct of the borrower, loan, purchase, sale of paper priced in foreign currency is not exactly the scope of foreign exchange activities licensed by the State Bank.

7. Apply the remediation measure:

The offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of administration, executive, control; not to assume administrative, executive, control at credit organizations, branches, and other duties. Foreign banks for individuals who violate and/or individuals are responsible for the conduct of the regulations specified in Clause 5, 6 This Article.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

Section 6

BREACH OF CREDIT FOR CREDIT INFORMATION

What? 19. Violation of the regulation of credit information operating conditions

1. Money from 20,000,000 to 40,000,000 to a non-guarantee behavior maintains enough one of the conditions to grant a certificate of sufficient credit for credit information.

2. Money from 40,000,000 to 60,000,000 to a fraudulent behavior, forgery of qualified proof papers to be granted a certificate of sufficient information that operates credit information in the filing of a certificate granting certification.

3. Apply the remediation measure:

a) To submit to the illegal state budget illegally obtain due to the implementation of the prescribed violation of the Article 2 clause;

b) The grant granted the authority to revoking the certificate of sufficient information operating information on the behavior of the regulations specified in paragraph 2 This.

What? 20. Violation of the collection, processing credit information.

1. Money from 20,000,000 to 40,000,000 to one of the following violations of the following:

a) The collection of credit information is not within the scope of the law;

b) Collectively collect the credit information of the client without the consent of the customer, unless the case collects information at the request of the competent state agency.

2. fines of $40,000,000 to $80,000,000 for intentional misconduct misled the credit information content.

3. Money from 80,000,000 to 100,000,000 people on the planet's unauthorized collection of information, the state's secret catalog.

4. Apply the additional form of punishment:

a) The confiscation of the vehicle is used to carry out the behavior of regulations in paragraph 3 This Article;

b) The suspension of the implementation of the credit information operation for the period of 1 month to 3 months for the behavior of regulations stipulated at 2, 3 This Article.

5. Apply the remediation measure:

It is possible to immediately engage false information on the behavior of regulations at Clause 2.

What? 21. Violation of safety regulations, storage of credit information

Fines from 20,000,000 to 40,000,000 to one of the following violations:

1. Non-issue or non-implementation of regulation, security process, information technology safety in credit information operations.

2. Do not save the credit information about the borrower on a minimum of 5 years from the date of the reception of the receiving credit information operation.

What? 22. Violation of the regulation of exploitation, product use, service and exchange, provides credit information to the public.

1. Penituation from 10,000,000 to 20,000,000 to one of the following violations of the following:

a) Copy that the product information product to provide the third party is not correct the rule of law;

b) Use the client ' s credit information for the last 5 years to create a credit information product;

c) Not recommended for users of the principle, the scope of the use of credit information products.

2. Free from 20,000,000 to 40,000,000 to one of the following violations of the following:

a) The revision of the credit information product to provide the third party is not correct the rule of law;

b) Provide, exchanging credit information for the organization, the individual is not relevant, not on the right subject.

3. Apply the additional form of punishment:

The title uses a license to qualify for credit information (a permit to operate a credit information service) for a period of 1 month to 3 months for the behavior of the provisions of the Article 2.

4. Apply the remediation measure:

Forced to submit to the illegal state budget was due to conduct violation of the regulation at Point 1 and Clause 2 This.

What? 23. Violation of the regulation of the legal benefits of the borrower

1. Money from 10,000,000 to 15,000,000 in one of the following violations:

a) Not answering a customer complaint in the 10-day period of work since the date received the complaint;

b) Do not immediately request the client's main engagement if the error arise due to the process of information processing of the credit information organization.

2. Penituation from 15,000,000 to 30,000,000 to 30,000,000 for non-organized conduct of the borrower ' s complaint content within 20 days of work since the date of receiving a loan request by the customer.

Section 7

BREACH OF REGULATION ON FOREIGN EXCHANGE ACTIVITIES AND GOLD BUSINESS

What? 24. Violation of foreign exchange activity

1. Money from 20,000,000 to 40,000,000 to one of the following violations of the following:

a) Not listing the purchase price, sale of foreign currency at the trading site in accordance with the rule of law;

b) List of purchase prices, currency sales but form, content listing content is not clear, confusing to customers.

2. Penituation of 40,000,000 coins to 80,000,000 to one of the following violations of the following:

a) The signing of a foreign currency exchange contract with an ineligible organization as a foreign currency exchange; no guidance, examination of the exchange of foreign currency in accordance with the rule of law;

b) Do not perform the responsibility of the foreign exchange agent in accordance with the rule of law; as a co-foreign exchange agent for two credit organizations or more;

c) The correct foreign currency transfer tool payment of the foreign exchange operation stipulated at Article 9 of the transfer tools and the relevant law regulations;

d) Do not properly implement the provisions of the law on opening, closing accounts in Vietnam to carry out foreign investment activity into Vietnam; Vietnam ' s investment abroad; borrowing, foreign debt; lending, foreign debt recovery, and other transactions in Vietnam. capital;

) Do not properly implement the laws of administrative procedures on the registration, registration of foreign loan changes, the release of international bonds; registration, registration changes to foreign loans, the income of debt to the public. Non-resident; registration, registration change registration, investment capital progression, and other administrative procedures associated with other capital transactions;

e) Regulation rates, commissions, commissions, brokers with money, artifacts, and other forms of commercial costs in purchasing activity, selling foreign currency in any form that leads to the purchase price rate, sale, the real change exceeding the margin of proportion as defined by the law;

g) Buy, sell foreign currency between individuals; buy, sell foreign currency at the expense of the State Bank; the transaction fee is not correct in law;

h) Implementers the capital, repayment of foreign loans; the solution, repayment of debt to foreign loans; the implementation of the income debt for the non-resident; the practice of transferring the provision of foreign investment activity into Vietnam. South, Vietnam ' s investment abroad is not the right rule of law;

i) Move, carry the foreign currency, the Vietnamese dollar abroad, into Vietnam is not the right rule of law, except for administrative violations in the customs sector.

3. Money range from 80,000,000 to 100,000,000 to one of the following violations:

a) Buy, selling currency at the organization is not allowed to make foreign exchange;

b) Supply of payment services, transfer of money to transactions related to foreign loans, loans, foreign debt recovery, bail for non-resident, foreign investment in Vietnam, Vietnam ' s investment abroad, and other transactions in Vietnam, Vietnam, Vietnam and Vietnam. The other capital is not the right rule of law;

c) The regulation of currency conventions is not the right regulation of law on the business of e-gaming business to foreign people, business casino business.

4. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) The level of credit or debt in the country by foreign currency is not correct the rule of law, except for the specified case at Article 15 of this decree

Lending, discounting, financial leasing, factoring, bank bail, other credit-level business or paying domestic debt is not the right rule of law;

b) Open, close, use of foreign currency accounts that are not in the correct regulation of the law;

c) No foreign currency is obtained for a credit organization by law, except for the specified case at point b 2 This.

5. Money range from 150.000,000 to 200,000,000 to one of the following violations:

a) Do not accept the provisions of the loan legislation, pay foreign debt; the loan, the income of foreign debt; bail for the non-resident and other capital transactions, except for regulatory violations at the points of, e, h clause 2, and point b 3 This Article;

b) execute the undefined exchange transaction of the State Bank;

c) There is an unregulated state of foreign currency.

6. Money from 200,000,000 to 250,000,000 to one of the following violations:

a) The payment of the goods, the foreign currency service is not the correct rule of law;

b) Business, product supply of exchange rates, foreign exchange is not the correct rule of law;

c) Trading, pricing, valuation, valuation in contract, agreement, listing, advertising of commodity prices, services, the right to use of the land by foreign currency;

d) Export, import of non-correct cash foreign currency.

7. Money from 500,000,000 to 600,000,000 in foreign exchange activities of credit organization, foreign bank branch, organization as a recipient of foreign exchange and foreign currency payments, organizations that make foreign exchange, other organizations that are not granted. has a license to grant a license or a license to operate the foreign exchange that has expired or suspended, or the correct content specified in the license, except for the specified case at Point 2 This Article.

8. Apply the additional form of punishment:

a) Foreign and foreign exchange statistics for violation of regulation at Point 2, point a 3, point c 4 and Point A 6 This;

b) The use of a Certificate of Foreign Exchange Registration Certificate in the period from 1 month to 3 months when the first violation of the violation of the specified breach at Point 2 This Article.

9. Apply the remediation measure:

The agency recommended that the authority revoking the Certificate of Foreign Exchange Registration Certificate of Foreign Exchange, the text for opening and use of foreign currency accounts in the foreign bank in case of a resin on the regulatory violation at Point 2 and point b 4. This.

What? 25. Violation of gold business practices

1. Money from 5 million to 10,000,000 coins for gold jewelry production, cosmetics without the standard of applicable standards, do not record the prescribed goods.

2. Money from 30,000,000 to 60,000,000 to one of the following violations:

a) Not publicly listed for purchase price, price of gold, jewelry, cosmetics; mass, jewelry, jewelry, and cosmetics at the trading site;

b) Available for purchase price, price of gold, jewelry, cosmetics, and art, the content listing is unclear, confusing to the customer;

c) violating the responsibility of credit organization, enterprise operating business, selling gold when there is a change in the branch network, business location of purchase, sale of gold under the rule of law;

d) Buy, sell gold at credit or business organization without a business license, sell gold pieces;

Do business, sell jewelry, cosmetics without responding to purchasing business, selling jewelry, cosmetics, by law;

e) Perform a jewelry, cosmetics, without a jewelry register, cosmetics in a Business, Business Registration, Business Registration, or Business Registration Certificate.

3. Money range from 60,000,000 to 120,000,000 to one of the following violations:

a) The business of buying, selling gold is not the right rule of law, except for the specified case at Point 2 and Point 7.

b) Carry gold when the appearance of the scene, the illegal entry of the law, except for administrative violations in the customs field;

c) The procedure for the protection of gold is not correct in the rule of law;

d) Perform the production of jewelry, cosmetics when not responding, maintaining ensuring the operational conditions of jewelry production, cosmetics.

4. Money from 150.000,000 to 200,000,000 on one of the following violations:

a) The production of jewelry, cosmetics, but without a certificate of sufficient gold jewelry, cosmetics;

b) Perform the purchasing business, sell gold pieces through proxy agents;

c) Do not implement the rule of law on the state of gold;

d) Export, import of jewelry gold, cosmetics; gold raw materials in the form of powder, solution, flax, gold salts and jewelry types in the form of sale of untrue products according to business registration certificates or business registration certificates. A career

The use of gold is not correct in law.

5. Money from 250,000,000 to 300,000,000 to one of the following violations:

a) Using gold as a means of payment;

b) The use of gold raw material imported is not correct under the license of gold raw materials to produce gold jewelry gold; neither reproduces products under the Raw Materials Gold-based license issued by the State Bank.

6. Money from $350.000,000 to $400,000,000 for the non-regulatory gold production behavior of the law.

7. Money from 45,000,000 to $500,000,000 for one of the following violations:

a) Business to buy, sell gold, but without a business license, sell gold pieces;

b) The implementation of the export or import of gold raw materials without a license issued by the state authority under the rule of the law;

c) Other gold business practices when not granted licensed licensed licenses under the rule of law.

8. Apply the additional form of punishment:

a) The confiscation of gold for the behavior of regulations stipulated at the point of a 7 This Article;

b) deprive the use of a purchasing business license, selling gold in a period of 6 months to 09 months when the initial violation of the violation of the specified breach at Point 4 This Article.

9. Apply the remediation measure:

a) Offer the authority to have the authority to revoking the purchase of the business license, sell gold in case of a resin to the violation of the specified breach at Point 4 This Article;

b) The agency recommended that the authority revoking the license to recover the eligible for the production of gold jewelry, the aesthetic in case of a resin against the behavior of the specified breach at Clause 1 and Point 3 This Article.

Section 8

BREACH OF PAYMENT REGULATION, CURRENCY MANAGEMENT AND TREASURY.

What? 26. The violation of the federal bank payment

1. Penituation from 10,000,000 to 20,000,000 to one of the following violations of the following:

a) Non-approval of the correct regulation of the clearing organization, clearing payment, interbank payment;

b) Do not return the evidence from the payment wrong during the working day, unless the case is improbable;

c) Pay up the recipient account after the specified time;

d) A certificate from the non-correct deposit of the time.

2. Free from 20,000,000 to 40,000,000 to one of the following violations of the following:

a) No return to the transfer order has been valid rejected; reject the Debt Transfer Order with valid authorization;

b) Transaction to the non-authorized person, transmitting transactions through the clearing system, the interbank payment.

3. Money from $40,000,000 to $80,000,000 for non-maintenance behavior is sufficient to pay to pay the amount of money paid at the time of the decision for the entire compensation payment order, the interbank payment on the day of the transaction.

4. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) Stop the operation of the clearing system, the interbank payment;

b) Leave or reveal beyond the information that is not allowed to be disclosed regarding the interbank payment system.

5. Apply the additional form of punishment:

The suspension of the interbank payment system for a maximum of 1 year period for violation of regulations stipulated in this Article.

6. Apply the remediation measure:

The offer or request for granted authority to review, apply a limited measure or not to join the interbank payment system for the time that has not yet been completed in violation of the violation of the regulations specified in this Article.

What? 27. Regulation of payment activity

1. Money from 5,000,000 to 10,000,000 people on the conduct of non-answer to the conduct of the law, the complaint of the client by law.

2. Penituation from 10,000,000 to 15,000,000 coins for behavior does not implement the law of time in payment, money transfer.

3. Money from 20,000,000 to 30,000,000 to one of the following violations:

a) Repair, uncorrect detergents on the means of payment, certificate from payment;

b) Provide, disclosure of information regarding the deposit of the account holder at the organization of the payment service offering, the organization of the supply of payment intermediation service is not correct by law;

c) Provide untrue information in the process of payment of payment services, payment intermediation services;

d) Do not comply with the rule of law on use and authorized use of the payment account; the signing of an invalid payment of payment or use of an electronic signature of another person;

Open, using an invalid payment account of the law.

4. Money range from 40,000,000 to 60,000,000 to the payment of payment services, an undefined payment intermediation service of the law.

5. Money range from 60,000,000 to 100,000,000 to an open account for the customer, using an invalid payment account of the law.

6. Money from 150.000,000 to 200,000,000 coins for one of the following violations:

a) Make a fake means of payment, save, transfer, use of a fake payment vehicle;

b) As a result of the use of payment intermediate service;

c) Violation of the regulation of payment in cash;

d) Release, supply, use non-legal means of payment.

7. Money from $250,000,000 to 300,000,000 to cover, payment for illegal sources of money.

8. Apply the additional form of punishment:

Confiscation of the funeral, violation of the violation of the specified breach at Point 3, Points a, b, d 6 This.

9. Apply the remediation measure:

a) Not for the extension of the scope, scale, and site of the operation in an unsettled time violation of the specified violation behavior at Point 6 and Clause 7 This Article;

b) The illegal interest in the state budget is due to the implementation of a regulatory violation in Clauses 3, 4, 5, 6 and 7 This.

What? 28. Violation of bank card activity

1. Police charges against the conduct of testing, maintenance, maintenance of automated transactions.

2. Free from 10,000,000 to 15,000,000 in one of the following violations:

a) Installation, change of location, termination of the operation of the uncorrect automatic transaction of the law;

b) Place the automated transaction machine at the site where the power system for the automated transaction machine room and for the automated transaction machine does not meet the regulation so that the transaction automatically consumes the customer ' s card when the source loss is sudden;

c) Unregistered by text to the Provincial State Bank of the Provincial Branch, the Central City Central City on the site where installing automatic transactions for 15 days prior to the execution;

d) Not registering an end to an automatic transaction machine operation at the old site to implement the installation of automatic transactions in the new site in case of changing the site of another automated trading machine site, the city;

Not updating the information changes to the installation, change of location, termination of automatic transaction activity on its official electronic information site;

e) Do not guarantee the customer service time of the automated trading machine system;

g) Do not report the Provincial Branch State Bank, the Central City Central City on the site and extensive notice to customers in the event that the automatic transaction is suspended for more than 24 hours;

h) Not to maintain customer support activities for customers to contact at any time;

i) Not monitoring the fund level at the automated transaction machine, not ensuring that the automated transaction machine must have the money to meet the customer ' s withdrawal needs by regulation.

3. Free from 15,000,000 to 20,000,000 people to one of the following violations of the following:

a) Not guarantee the requirements for the organization of the payment service provider to the first time the automatic transaction system system;

b) No guarantee required by law for automatic transactions.

4. Money from 20,000,000 to 30,000,000 people on the behavior of not ensuring the safety, security of the operating machine.

5. Money from 30,000,000 to $50,000,000 on one of the following violations:

a) Violation of payment of payment on the card;

b) The price difference in the card payment, the expense of the card holder to the non-regulatory payment transactions of the law or in violation of other regulations on card payment through the card acceptance point.

6. Money from 50,000,000 to one of the following violations:

a) stealing, collusion to steal card information, purchase, disclosure, unauthorized use of other people ' s bank card information, making fake cards, making fake transactions;

b) Release card, non-correct card payment of the law;

c) The clearing payment of the card transaction is not the correct rule of law;

d) Accept the card payment after having received notice of the card being denied payment.

7. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) Invaders or seek to invade, steal data, sabotage, alter the unauthorized program program, the electronic database uses in payment; the use of computer network systems error;

b) Open or maintain an anonymous payment account, impersonation.

8. Apply the remediation measure:

a) Do not have a card payment contract with other card payment organizations for the time that has not yet been completed in violation of the breach violation of Article 5 This Article;

b) Accused in the illegal state budget that is available due to the execution of a regulatory violation at point b 5, Point a 6, and Clause 7 This.

What? 29. Violation of the transfer tool

1. Penitentiation from 15,000,000 to 20,000,000 coins for the conduct of the assignment to the transfer tool is not in the right jurisdiction.

2. Money from 20,000,000 to 30,000,000 to one of the following violations:

a) The implementation is not correct in terms of the obligations of the accepted recipient at Article 22 Law of transfer tools;

b) By the income of the non-specified income person at Clause 1, 2 and 3 Article 39 The transfer tools.

3. Money from 30,000,000 to 60,000,000 to one of the following violations:

a) Transfer of a transfer tool when it is known that this transfer tool is overdue payment or has been denied acceptance, denied payment or has been notified of the loss specified at Clause 4 Article 15 Transfer Tools;

b) Sign a check when not eligible for payment; issued a check after having been suspended for a check.

4. Money range from 60,000,000 to 120,000,000 to one of the following violations:

a) Assume the signature on the transfer tool;

b) No proper implementation of print regulation, regulation, and management of the white check stipulated in Clause 2, 3 Article 64 The transfer tools.

5. Apply the additional form of punishment:

a) The suspension of the implementation of the check in the period from 1 month to 3 months for the violation of regulation at Point 3 This Article;

b) The confiscation of the funeral, the means of violation of the violation of regulations at point b 4 This.

6. Apply the remediation measure:

Forced to submit to the illegal state budget was due to conduct violation of the regulation at Point 3 and Clause 4 This.

What? 30. Violation of currency management and fund management

1. Police charges against one of the following violations:

a) Not publicly listed at the site of the transaction that stipulated the income of money not eligible for the State Bank ' s circulation;

b) The object is granted to the loss of the sample; it is not available to the object-issued objects; no pre-sampling recall when the notice of the suspension is circulated or when required.

2. Penituate from 5,000,000 to 10,000,000 in one of the following violations of the following:

a) The refusal to swap money does not qualify for traffic to the customer;

b) No correct implementation of classification, packaging, precious metals, precious stones; packaging, sealing, delivery, preservation, transport, cash inventory, precious property, valuable paper, except for the specified case at A Clap 3 and Points b, c, d And this five.

3. Money from 10,000,000 to 15,000,000 in one of the following violations:

a) Non-issue of internal input, money stocks, cash transactions counters; internal cash transactions process and cash transactions for customers;

b) There is no way to watch, protect the money vault;

c) There is no internal, fire prevention, firefighting for money vault;

d) Do not perform the selection, the money classification is not qualified in circulation.

4. A massive amount of money from 15,000,000 to 20,000,000 people to the uninstalled conduct of the safe equipment, the fire department, the fire to the treasury under the rule of law.

5. Money from 20,000,000 to 40,000,000 to one of the following violations:

a) Make a non-rule change of the law;

b) Do not preserve cash, precious property, paper priced at the time of midday break under the rule of law;

c) Use and preserve the key of the money vault, the storage space, the safe, the key of the money bins in the car, which is not in accordance with the law;

d) cash transport, precious property, valuable paper that does not use a dedicated vehicle but does not have a specified text of the transportation process, protection, measures guaranteing the asset safety of the competent level;

) Non-regulation by conditional text, process of receiving, asset delivery to the customer, the responsibility of the relevant parts in ensuring asset safety when working as a management service, asset preservation, cabinet rent, safe safe and bank services. Another fund.

6. Money from 40,000,000 to $80,000,000 for one of the following violations:

a) The use of unstructured funds and technical standards by law;

b) The use of the vault door is not the correct technical standard according to the rule of law.

What? 31. Vietnam Money Protection Regulation

1. Police charges against one of the following violations:

a) There is no timely notice for the competent agency when the discovery of new counterfeit money;

b) There is no timely notice for the authority to have jurisdiction when there are signs of possession, circulation, transport of counterfeit money;

c) A staff that works as a cashier, a cashier or an untrained associate, a training exercise in the knowledge of the real money, the counterfeit currency.

2. Penituate from 5,000,000 to 10,000,000 in one of the following violations of the following:

a) The discovery of the counterfeit but not the income;

b) To detect false but non-parole;

c) Not to compile or capture counterfeit money, do not stamp, click on the State Bank regulations on counterfeit currency handling, counterfeit money when collecting counterfeit money or holding counterfeit money.

3. Money from 10,000,000 to 15,000,000, with the destruction of the illegal Vietnamese money.

4. Money from $40,000,000 to $80,000,000 for star behavior, printing, use of the layout, part or the full picture, details, the flowers of Vietnam ' s money are not in the right regulation of the law.

5. Apply the additional form of punishment:

Confiscation of all of the evidence, the means of violation of violation of Clause 2, 3, 4 of this, the agency has the authority to handle.

6. Apply the remediation measure:

a) To stamp out, press the counterfeit currency at the correct regulation of the State Bank for counterfeit currency handling, false money on the behavior of regulations stipulated at Point 2 This Article;

b) Forcing the destruction of the entire burial, the medium used to carry out the violation of regulation at Clause 4 This Article;

c) forced to submit to the illegal state budget illegally obtain due to the execution of the prescribed violation at Clause 4 This.

Section 9

BREACH OF PURCHASING REGULATIONS, INVESTING IN PROPERTY

FIXED AND REAL ESTATE BUSINESS

What? 32. Violation of purchasing regulations, investing in fixed assets

1. Money from 200,000,000 to $250,000,000 in breach of the breach of purchase, investing in fixed assets serving directly to the operation of more than 50% of the charter capital and the provision of capital supplemendation for credit organization or more than 50% of the allocated capital and Additional reserve funds are allocated to the foreign bank branch.

2. Apply the remediation measure:

a) To maintain the fixed rate of asset value fixed directly to the operation compared to the charter capital, which is granted and the provision of a valid equity reserve, which is granted under the right stipulation at Article 140 Law of credit organizations for violations of regulations in the United States. Paragraph 1 This Article of the maximum minimum of 6 months from the date of the decision to punish the administrative violation is valid;

b) Accused in the illegal state budget to obtain due to the execution of a regulatory violation in Clause 1 Article.

What? 33. Violation of the real estate business

1. Money from 200,000,000 to $250,000,000 for real estate business, minus the case of 1, 2, and 3 Articles 132 Laws of credit organizations.

2. Apply the remediation measure:

Being forced into the illegal state budget is due to conduct a violation of the provisions in Clause 1 Article.

Section 10

BREACH OF THE CREDIT ORGANIZATION ' S SAFETY GUARANTEE

What? 34. Violation of mandatory reserve maintenance

1. Police charges against the conduct of failing to maintain mandatory reserves under the rule of law.

2. Apply the remediation measure:

The offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of administration, executive, control; not to assume administrative, executive, control at credit organizations, branches, and other duties. Foreign banks for individuals who violate and/or individuals are responsible for the behavior of the regulations stipulated at this 1 Article.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

What? 35. Violation of safety guarantee ratio

1. Money from 200,000,000 to 250,000,000 in violation of the law of violation of law on one of the following safety guarantee rates:

a) The maximum ratio of short-term capital sources is used to lend long-term and long-term loans;

b) The balance of loan debt to the total deposits;

c) The median deposit rate, long term compared to the total debt balance, long term.

2. Money from $300,000,000 to $35,000,000 in violation of the law's regulatory violation of the ability to pay.

3. Money from 400,000,000 to $45,000,000 in violation of minimum capital safety rates under the rule of law.

4. Apply the remediation measure:

a) Accusing the correct safety guarantee rate in accordance with a maximum of 6 months from the date of the decision to punish the administrative violation valid for the conduct of the regulations specified in Clause 1, 2, 3;

b) Not to extend the scope, size and location of the operation and the addition of a new business case in an unsettled time violation of the specified violation behavior at Clause 1, 2, 3 This Article;

c) Proposition or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and other duties. The foreign bank branch to the individual violated and/or the individual is responsible for the behavior of the regulations specified in Clause 2, 3 This Article.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

What? 36. Violation of regulation on asset classification and risk reserve

1. Money from 200,000,000 to 250,000,000 to one of the following violations:

a) The classification of the asset is not the correct rule of the law;

b) The risk of the risk is not correct by law;

c) Use the backup to handle the wrong risk of law;

d) There is no adequate, adequate debt recall measure for the debt that has been used in the reserve to handle the risk.

2. Apply the remediation measure:

a) Forcing the classification of assets with, extracts the risk reserve; the return of the amount of risk to the risk that has been used is not correct, the transfer of debt processed by the internal accounting risk prevention project under the rule of law for a maximum of 1 months from the date of the decision to punish the administrative breach is valid for the behavior of violations at this 1 Article;

b) Offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and other duties. The foreign bank branch of the individual and/or the individual is responsible for the behavior of the regulations stipulated at this 1 Article.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

What? 37. Violation of regulations on extract and use of funds

1. Money from 20,000,000 to $40.000,000 for the act of extracts or using non-correct funds by law.

2. Apply the remediation measure:

It is forced to extract the right funds of the law for a 15-day period since the date of the decision to punish the administrative violation valid for violations of the offence at Clause 1 Article.

Section 11

BREACH OF DEPOSIT INSURANCE

What? 38. Violation of deposit insurance

1. Police charges against one of the following violations:

a) Not publicly listed the copy of the deposit insurance participation at all transactions points that receive deposits;

b) The charge of deposit insurance is incomplete or not on time by law.

2. Money from 30,000,000 to $40,000,000 on the behavior of not paying for deposit premiums under the rule of law.

3. Money from $40,000,000 to $60,000,000 in insurance coverage for the insured insured is not on the right deadline stipulated at Article 23 of the deposit insurance laws.

4. Money range from 60,000,000 to about 80,000,000 to one of the following violations:

a) Receivable to deposit uninsured deposit at Article 19 The deposit of deposit insurance laws;

b) Frauds, forgery of records, documents, papers on deposit insurance.

5. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) No pay or pay is not full of insurance money;

b) Obstruction, causing difficulties, damaging the legal rights and benefits of the deposit insurance organization, the organization involved in deposit insurance, the insured and the agency, the organization involved in deposit insurance;

c) The use of the office, the right to the left to the rule of the law on deposit insurance.

6. Apply the remediation measure:

a) Accused publicly on a copy of the certificate of deposit insurance against the violation of the breach specified at the Point of One Article.

b) forced to submit an immediate toll on the premiums of the prescribed violation at the point of B 1 Article 1 and should be subject to a fine of 0.05% of the following subcharges at Clause 1 Article 21 of the deposit insurance laws;

c) The refund of the amount of the insurance premiums has been obtained, recovert the amount of premiums paid for the execution of the regulatory violation at Point 4 This Article;

d) The offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of administration, executive, control; not to assume administrative, executive, control at credit organizations, details, and administrative duties. The foreign bank branch to the individual violated and/or the individual is responsible for the violation of regulation at point b 4 and points a, c Article 5 This.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

Section 12

DEFENSE REGULATIONS, MONEY LAUNDERING

What? 39. The violation of the identification of recognition and updates of customer information

Fines from 20,000,000 to 30,000,000 to 30,000,000 acts of non-updated passenger information are prescribed in Article 8 and Article 10 of the Law, Anti-Money laundering.

What? 40. Violation of the regulation of the risk management process deals with new technology.

Fines of $60,000,000 to 100,000,000 for non-enacted conduct conduct risk management of transactions involving new technology under regulation at Article 15 of the Law, Anti-Money laundering.

What? 41. Violation of customer classification by risk level

1. Money from 30,000,000 to $50,000,000 for behavior does not apply to customer recognition measures, measures to increase regulation in Clauses 2, 3 and 4 Articles 12 Laws, against money laundering.

2. Money from $50,000,000 to 100,000,000 dollars for non-constructive behavior, excluding the risk of money laundering by law.

What? 42. Violation of regulation on determining foreign customers is personally influential in the United States.

Fines from 100,000,000 to $150.000,000 for non-systematic conduct to identify foreign customers were individuals with a prescribed political influence on Clause 2, 3 Articles 13 Laws, anti-money laundering.

What? 43. Violation of the regulation of customer sweep and transaction, agent banking relations

1. Money from 20,000,000 to $40,000,000 for non-customer behavior and stakeholders according to the list of warnings before establishing a relationship or providing banking services to customers.

2. Penituation of 40,000,000 coins to 80,000,000 to one of the following violations of the following:

a) Do not apply regulatory measures at Article 14 Law of Law, combing money laundering when establishing a reasonable banking relationship with the foreign partner bank;

b) No state agency has jurisdiction under the rule of law when there are customers and stakeholders involved in the list of warnings.

What? 44. Violation of the regulation of a large value transaction report, suspicious transaction, electronic transfer transaction, money laundering behavior report aimed at financing terrorism in the United States.

1. Money from 20,000,000 to 30,000,000 on non-reported behavior stipulated at Article 26 of the Law, Anti-Money laundering.

2. Money from 30,000,000 to $50,000,000 on one of the following violations:

a) Not to report transactions of great value;

b) Do not report suspicious transactions;

c) Do not report electronic transfer transactions.

3. Money from $80,000,000 to 100,000,000 for non-reported conduct of money laundering in order to fund terrorism regulations in Article 30 Law Enforcement, anti-money laundering.

4. Money from 150.000,000 to 200,000,000 co-workers with special non-monitoring behaviour on transactions with unusually large or complex value; dealing with organization, individual in the country, territory located on the list due to the Special Forces of the United States. It is a financial mission to prevent money laundering or the list of warnings under regulation at Article 16 of the Law, against money laundering.

What? 45. Violation of regulation on transaction delays, document blockade; sealing or temporary asset retention.

1. Penituation of 40,000,000 coins to 80,000,000 to one of the following violations of the following:

a) Do not report a transaction delay when the parties involved in the transaction are under a blacklist or have a reason to believe that the transaction is required to be made in connection with the criminal activity specified in Clause 3 Article 33 Laws, against money laundering;

b) Do not report the implementation of the account blockade, sealing, holding assets upon the decision of the state authority to have the authority stipulated at Article 34 Laws, against money laundering.

2. Free from 100,000,000 to 150.000,000 people on one of the following violations of the following:

a) Do not apply the transaction delay when the parties involved in the transaction are under a blacklist or have a reason to believe that the transaction is required to be made in connection with the criminal activity specified in Clause 1 Article 33 Laws, against money laundering;

b) Do not blockade the account, does not apply the sealing measure or hold assets when the decision of the state agency has jurisdiction stipulated at Article 34 Laws, against money laundering.

What? 46. Violation of prohibited behaviors in the room, anti-money laundering

1. Money from 30,000,000 to 60,000,000 to the obstruction of the provision of the provision of information served in defense, anti-money laundering.

2. Free from 100,000,000 to 150.000,000 people on one of the following violations of the following:

a) Set or maintain an anonymous account or account using a false name;

b) Provide unauthorized service with cash, cheques, other monetary tools, or value storage tools and perform payment for beneficiers at another location.

3. Money range from 200,000,000 to 250,000,000 to one of the following violations:

a) Organization or facilitation of the conduct of money laundering;

b) Set up and maintain business relations with the bank established in a country or territory but there is no tangible presence in the country or that territory and is not under management, the oversight of the governing body has jurisdiction.

4. Apply the remediation measure:

a) Offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and administrative duties. The foreign bank branch to the individual violated and/or the individual is responsible for the violation of regulations in Clause 2, Clause 3 This.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

Section 13

VIOLATION OF THE INFORMATION REGIME, REPORT

What? 47. Violation of the regulation of reporting mode, management and provision of information

1. Penituate from 5,000,000 to 10,000,000 in one of the following violations of the following:

a) Submit a non-deadline report under the rule of law, except for the specified case at Clause 1 Article 44 This decree;

b) Do not save, preserve the file, document on time by law, except for the specified case at the Point A 1 Article 15 This decree.

c) The report data is not accurate from 02 times or more in the fiscal year.

2. Money from 10,000,000 to 15,000,000 for the conduct of not sending enough reports or reports is not sufficient in accordance with the provisions of the law; except for the provisions of the provisions of the 2, 3 Articles 44, Clause 1 Article 45 of this decree.

3. Money from 20,000,000 to 30,000,000 to one of the following violations:

a) Not registered with the state agency with jurisdiction over the prescribed changes at the B-point of Article 4 Article 29 Law of Credit organizations;

b) Do not publish the process of change process at Points a, b, c and d 1 Article 29 Rules of credit organizations on the Information Media of the State Bank and a daily written newspaper in the 03 consecutive numbers or e-newspapers of Vietnam in the country. A 7-day period of work since the date was approved by the State Bank.

4. Money from 30,000,000 to 40,000,000 to one of the following violations:

a) The report is not honest;

b) Provide information that is relevant to the activities of the State Bank, the credit organization, the foreign bank branch that is not authorized by the competent authority under the rule of law or without the consent of the client, except for the case. specified in Article 13 and Article 14 Law of Credit organizations;

c) Do not provide information, records, documents in accordance with the rule of law;

d) Not to secure information secrecy, document reporting regulations at Article 29 Law Enforcement, anti-money laundering.

5. Money from 40,000,000 to $50,000,000 to one of the following violations:

a) To the report on the untimely credit information indicators for the State Bank;

b) The report of credit information indicators is not accurate, not timely, incomplete or not correct the technical requirements for the State Bank;

c) Do not report credit information to the State Bank (Vietnam National Credit Information Information Center) pursuits to the Bank of State Bank credit information operation;

d) Do not report the statistics of international payment transfer transactions, in accordance with the rule of law.

6. Money from 50,000,000 to one of the following violations:

a) No immediate report has jurisdiction over the risk of loss of the ability to pay;

b) Do not provide information at the request of the State Bank and state agencies under the prescribed jurisdiction at Clause 4 Article 18, against money laundering.

7. Apply the remediation measure:

a) Not for the extension of the scope, size, site of operations and the addition of a new business case in an unfixed time violation of the violation of the specified breach at Point 4, Point A 6 This Article;

b) Forcing the credit organization, the foreign bank branch must submit a full, accurate report to the violation of regulations at Clause 2 and Point 4 This Article;

c) Proposition or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of governance, executive, control; not to assume administrative, run, control at credit organizations, details, and other duties. The foreign bank branch to the individual violated and/or the individual is responsible for the violation of the specified breach at Point 6 This Article.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

Section 14

VIOLATIONS OF THE OBSTRUCTION OF INSPECTION,

DO NOT EXECUTE THE REQUEST OF THE AUTHORITY.

What? 48. violations of the regulation of obstruction of inspection, do not implement the required authority.

1. Penitentiated from 2,000,000 to 3,000,000 people on obstruction, causing difficulty in the inspection, examination of the authority.

2. Penitentiated from 5 million to 10,000,000 coins for the evasion of inspection, examination of the authority of the authority.

3. Penitentiation from 10,000,000 to 20,000,000 people to the behavior of refusing to provide information, documents, electronic data to the Inspector General, check out or the person with jurisdiction.

4. Money from 20,000,000 to 30,000,000 to one of the following violations:

a) Not to provide sufficient documentation, evidence, data at the request of the Inspector Corps;

b) Self-removal, relocation, or other behavior, which changes the status of sealing: Warehouse, funds, safe, bookkeeping, accounting from accounting, credit-level records, or other burial sites, suspended;

c) Do not blockade the account, do not cancel the account blockade at the request of the competent authority under the rule of law.

5. Money from 30,000,000 to $50,000,000 on one of the following violations:

a) To provide documentation, false figures;

b) Legal intervention in the handling of the granting of competent authority and Ombudship, overseeing the Bank;

c) Cover, repair the evidence, book or change the artifacts while being investigated.

What? 49. Violation of the obligations on the obligation of the inspection object, bank oversight

1. Penituate from 5,000,000 to 10,000,000 in one of the following violations of the following:

a) Not available in time, full, accurate information, documents at the request of the State Bank;

b) Do not implement the recommendation, the risk warning and the operational safety of the State Bank;

c) No report, the solution to the recommendation, the risk warning and the operational safety of the State Bank.

2. Money from 80.000,000 to $120,000,000 for non-Executive conduct, petitions, decision-making decisions.

3. Apply the remediation measure:

The offer or request for granted authority to review, apply a suspension of between 1 months to 3 months or as long as the title of administration, executive, control; not to assume administrative, executive, control at credit organizations, branches, and other duties. Foreign banks for individuals who violate and/or individuals are responsible for the behavior of regulations in paragraph 2 This.

Requiring a credit organization, the branch of the foreign bank, and the implementation of other regulatory measures by law to individuals in violation of the jurisdiction of the credit organization, the foreign bank branch.

Chapter III

PROCEDURE, JURISDICTION OVER ADMINISTRATIVE VIOLATION

AND SET UP THE ADMINISTRATIVE BREACH.

What? 50. The procedure, procedure, pattern and decision to punish the administrative violation.

The procedure, procedure, pattern and decision pattern for use in the administrative violation process is carried out under the regulation at the Administrative Disposal Disposal Law and the Digital Protocol. 81 /2013/NĐ-CP July 19, 2013 the Government rules out certain things and measures the implementation of the Administrative infringes Act.

What? 51. Authority to punish administrative violations

1. The bank inspector who is enforcement of the job is entitled:

a)

b)

c) The confiscation of the animal, the administrative violation, is worth $500,000;

d) Apply the applicable remediation measure at paragraph 3 Article 7, Point A 6 Article 31, Point a 4 Article 35, Point 2 Article 36, Clause 2 Article 37, Point 6 Article 38 This Article 38.

2. Chief Inspector, oversees the Bank of the Branch State has the right:

a)

b)

c) Title of the use of a license, certificate issued by the competent authority of one or a number of activities, banking services, and some other business activities in the field of currency, banking or suspension of a deadline for one or some operating activities. The bank and a number of other business activities are licensed by the State Bank to violate the rule of law on currency and bank by devolve, authorship;

d) The confiscation of the administrative breach, the administrative violation of the city, was worth 50,000,000;

It applies the applicable consequences of this decree.

3. Bureau of Inspector General, oversees the bank with the right:

a)

b)

c) Title of the use of a license, certificate issued by the competent authority of one or a number of activities, banking services, and some other business activities in the field of currency, banking or suspension of a deadline for one or some operating activities. The bank and a number of other business activities are licensed by the State Bank to violate the rule of law on currency and bank by devolve, authorship;

d) The confiscation of administrative violations, the means of administrative violation, is worth $250,000,000;

Applied to remedy the consequences of this decree.

4. Inspector Chief, oversees the bank with the right:

a)

b)

c) Apply the additional forms of punishment and the measure of the remediation of the prescribed consequences at this Decree Act II.

5. Chief Inspector General of the State Bank of State, Chief Inspector, oversees the bank decision making decision-making jurisdiction at Clause 3 This.

Head of the inspector led by the Director of the State Bank of the Province, the Central City of China, the Bureau of Inspector General of the Bank, overseeing the bank, Chief Inspector, overseeing the State Bank of the State Bank branch out of the decision to have the prescribed jurisdiction. It ' s about two things.

6. The trial authority of the other agencies is carried out on a prescribed violation of the administrative offence at this decree:

a) Chairman of the Provincial People ' s Committee, the Director of the Police Department investigating the crime of economic management and office, the Bureau of Police Chief investigating the crime on social order, the Bureau of Police Chief of the Drug Enforcement Agency, the Bureau of Management. appear, enter the scene when the individual finds, the organization is not a credit organization, the foreign bank branch has a regulatory violation of foreign exchange management and gold business at Clap 1; Point, paragraph 2; paragraph 3; Points b, c Clap 4 and Clause. 7 Articles 24; Clause 2, 3, Points a, b, d, clause 4, Points a paragraph 5 and Clap 7 Article 25 of this Protocol have the authority to make the decision to execute the administrative violation. according to the regulation at this decree; at the same time it must inform the State Bank;

b) The Director of the Crime Prevention Bureau of Crime uses high technology when it finds individuals, organized violations of regulations at paragraph 4 Article 27, Clause 4, 6, 7 Articles 28 have the authority to issue a decision to punish the prescribed violation by decree at Parliament. This is, at the same time, informed the State Bank.

What? 52. The authority to compile administrative violations

1. The following have the authority to compile the administrative breach:

a) The person with the authority to sentence the administrative violation specified at this decree while on the job;

b) The public is on the task of managing the state administration in the field of currency and banking.

2. The person with the authority to punish the administrative breach stipulated at Article 45 violation of administrative violations, upon the discovery of the individual, the organization is not a credit organization, the foreign bank branch has a prescribed violation behavior at Clap 1, Point 6 Point 6. Article 24 and the points a, b paragraph 2 Article 25 This decree is responsible for the establishment of the administrative breach and transfer to the competent authority at Article 45 of the Administrative violation of the Administrative Violation Law to the prescribed trial at this decree; copper. time to inform the State Bank of Vietnam, the State Bank of the Provincial Branch, the Central City of China.

Chapter IV

EXECUTION CLAUSE

What? 53.

The decree came into effect from December 12, 2014 and replaced the Protocol No. 1. 202 /2004/ND-CP December 10, 2004 of the Government on the Administrative Violation Penalty in the field of currency and banking operations, the Digital Protocol. 95 /2011/NĐ-CP December 20, 2011 on the amendment, adding some of the provisions of the Digital Protocol 202 /2004/ND-CP December 10, 2004 of the Government on the sanctions of the administrative breach in the field of currency and banking activities.

What? 54. The transition clause

1. For the administrative violation of currency and the bank that occurs before this time of Protocol comes into effect that is then newly discovered but also the time of sanctions or is in the process of reviewing, addressing the rules that are beneficial to the organization. function, individual violation;

2. For the decision to punish the administrative breach in the field of currency and the bank that has been enacted or have been enforced before the time of this decree taking effect, which the individual, the organization is treated to the administrative breach and the complaint is imposed. The rules of the digital decree 202 /2004/ND-CP December 10, 2004 of the Government on the Administrative Violation Penalty in the field of currency and banking activities; US Digital Protocol. 95 /2011/NĐ-CP December 20, 2011 on the amendment, adding some of the provisions of the Digital Protocol 202 /2004/ND-CP December 10, 2004 of the Government on the sanctions of the administrative breach in the field of currency and banking activities to resolve.

What? 55.

The Governor of the State Bank of Vietnam, Minister, Head of the Ministry of Foreign Affairs, Head of the Government of the Government, Chairman of the People's Committee of the provinces, the Central City of the Central Committee is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung