Decision 35/2014/qd-Ttg Dated: Functions, Tasks, Powers And Structure Of The Inspection Bodies, The Banking Supervision Department Of The State Bank Of Vietnam

Original Language Title: Quyết định 35/2014/QĐ-TTg: Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Cơ quan Thanh tra, giám sát ngân hàng trực thuộc Ngân hàng Nhà nước Việt Nam

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PRIME MINISTER
Numbers: 35 /2014/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 12, 2014


A DECISION.

Planning, mandate, authority, and organizational structure of the Agency.

Inspector, bank oversight of the Bank of Vietnam.

________________

Government Law Base December 25, 2001;

Vietnam State Bank Law Base June 16, 2010;

The Law School of Credit: June 16, 2010;

Law Bar on November 15, 2010;

Base of Protocol 36 /2012/NĐ-CP April 18, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry, the peer-to-peer body;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

Base of Protocol 26 /2014/ND-CP April 7, 2014 of the Government on the Organization and Operations of the Ombudship, oversees the Bank;

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

The Prime Minister issued the decision to stipulate the functions, duties, powers, and organizational structure of the Inspector General's office, overseeing the bank of the State Bank of Vietnam.

What? 1. Location and function

1. The Inspector General, the bank monitoring of the bank is the equivalent unit of the Directorate, directly subordinated to the State Bank of Vietnam (later known as the State Bank), which performs the planning function, which helps the Governor of the State Bank to manage the state for credit organizations. the foreign bank branch, foreign bank branch, state management of the inspector general, addressing complaints, denouncing, prevention, anti-corruption, anti-money laundering, deposit insurance; conducting administrative inspectors, specialized inspectors, and bank monitoring. in the areas of the State Bank ' s state management range; implementing room, anti-money laundering, prevention, anti-terrorism funding. according to the rules of the law and the division of the Governor of the State Bank.

2. Inspector of the bank, overseeing the bank as a legal officer, the seal of the emblem, its own account according to the rule of law and its headquarters in the city of Hanoi.

What? 2. Mission and jurisdiction

1. The Governor of the State Bank for the Government, the Prime Minister considers, decided:

a) The law projects, draft resolution of the National Assembly, the ordinance project, draft resolution of the Standing Committee of the National Assembly; draft of the Government 's decree, the draft of the Prime Minister' s decision on the organization and operation of credit organizations, branches, etc. the foreign bank, the representative office of the foreign credit organization, the other foreign organization that has banking operations, inspectors, bank oversight, room, anti-money laundering and deposit insurance;

b) Strategy, planning, national target program, action program, project, critical project on innovation and development of the system of credit organizations, foreign bank branches, representative office of foreign credit organization, organization, and business organizations, and more. Other foreign countries have banking, inspectors, bank monitoring, prevention, money laundering and deposit insurance.

2. State Bank Governor decides, approv. or issued:

a) A long-term plan, five years and every year on the development of the system of credit organizations, foreign bank branches, representative offices of foreign credit organizations, other foreign organizations that have banking activities, on inspectors, bank surveillance, the room, anti-money laundering, room, anti-terrorism funding;

b) The regulation of organization and operation, the safety of banking activities of credit organizations, foreign bank branches; regulation of establishment, reorganization, dissolution, bankruptcy, liquing to credit organizations, water banking branches, and other countries. In addition, the representative office of the foreign credit organization, the other foreign organization that has banking activities; the regulation of inspectors, bank oversight, deposit insurance and room, anti-money laundering, room, anti-terrorism funding;

c) Level, modification, complemation, the recovery of the established license and operation of the credit organization, the license to establish a foreign bank branch, the license to establish a representative office of foreign credit organization, the other foreign organization that has a banking operation. queue and other types of bank operating licenses according to the Director of State Bank ' s Governor;

d) Level, revoking the operational license that provides credit information services to organizations;

Confirm the registration of the Charter of the Credit Union by the Governor of the State Bank;

e) Agreed to buy, sell, divide, merge, merge, merge, convert legal form, dissolution of the credit organization, foreign bank branch; approve the expected list of those elected, appointed member Council members, city council members, etc. The Board of Directors, members of the Board of Control and General Manager (Director) of the credit organization, except for the personnel of the commercial bank owned by the State, which owns 100% of the charter capital, staffed by the owner of the state capital at the state equity trade bank. owned on 50% of the charter capital or introduced; the approx is appointed as the General Manager (Director) of the water banking branch. In addition to the establishment, termination, branch dissolution, representative office, career units in the country, branch, representative office and other forms of commercial presence abroad of the credit organization; approval of the establishment, purchase of the company, and other countries. The subsidiary company, the affiliated company of the credit organization; approved the donation, purchase of the shares of the credit organization; accept other issues of governance, organization, finance and operations under the regulatory law that must be approved by the State Bank or by the State Bank. permission to follow the division of the Governor of the State Bank;

g) Procsuring issues related to the organization, governance, run of credit organizations, foreign bank branches to contribute to the assurance of credit organizations, foreign bank branches operating healthy, safe and in accordance with the laws of the law. the law by the Governor of the Bank of the State of the State;

h) Implementionation and responsibility of the representative of the owner of the State of the State at the institution of the State of the State by the provisions of the law and the assignment of the Governor of the State Bank;

i) Build and organize, track implementation of the project, the consolidation, the corrects, the reorganization of the credit organization, the branch of the foreign bank by the Governor of the State Bank.

3. Do the task, the regulatory authority at the points c, d, e, e, g, h, i paragraph 2 This by hierarchy, the mandate of the Governor of the State Bank.

4. Common, propagation and organization implementing laws that violate law, policies, strategies, planning, schemes, programs, projects, projects, methods of regulation at Clause 1, Clause 2 This after being granted by the state authority to enact an authority. or approved.

5. Building the Inspector 's annual inspection plan, which oversees the Bank of the State Bank of the State Bank approved; the organization performs the Inspector' s inspection plan, overseeing the Bank; instructs, tracking, the governor, examining the implementation of the Bank. The inspection plan for the Inspector, bank oversight of the Bank of the State Bank (later known as Inspector, oversees the Bank of the State Bank).

6. Make administrative inspectors, bank inspectors, room inspectors, anti-money laundering, deposit insurance and inspectors on other sectors of the State Bank ' s state management range for regulatory bank inspection subjects at the Bank of the United States. Paragraph 1 Article 2 Decree number 26 /2014/ND-CP April 7, 2014 of the Government on the organization and operation of the Ombudman, oversees the banking industry according to the laws of law and the assignment of the Governor of the State Bank; inspectors of the incident led by the Governor of the Bank of State.

7. Do the task of solving the complaint, denouncing, in the chamber, against corruption, practice of saving, resisting the regulation of the law and the assignment of the Governor of the State Bank.

8. Watch, foreman, check out the conclusion of the conclusion, the petition, the decision to handle the inspector, the oversight of the Governor of the State Bank and the Ombudship Agency, which oversees the bank.

9. The correct, legal examination of the inspection and decision-making conclusion follows the inspector of Chief Inspector Inspector, overseeing the Branch State Bank, Director of the Branch State Bank, Chairman of the Provincial People ' s Commission for the Department of State Affairs. the administration of the State Bank when necessary.

10. Make bank oversight on bank monitoring subjects stipulated at paragraph 2 Article 2 of the Census of Numbers. 26 /2014/ND-CP according to the rules of the law and the division of the Governor of the State Bank.

11. Apply processing measures by jurisdiction or petitions, agency proposals, organizations, individuals with authority to carry out safety assurance measures, breach of violation of bank inspection subjects, subject to bank monitoring subject to the regulation of the bank of the United States. the law.

12. Staff, help the Governor of the State Bank perform the responsibility of the State Bank in the chamber, combing money laundering, prevention, anti-terrorism funding under the rule of law on the chamber, combing money laundering, prevention, prevention of terrorism.

13. Directed, audits, and organizes the execution of an inspector, supervisor; guide to the administrative inspector, inspector, bank oversight of the Ombudman, which oversees the Bank of the Branch State. Guide, check out units in the Bank of the Bank to implement the provisions of the law on inspectors, bank oversight, complaint, denounce, defence, anti-corruption and prevention, anti-money laundering, room, anti-terrorism funding within the state management range. of the State Bank.

14. Request for a bank inspector, subject to bank monitoring and agencies, organizations, individuals who are involved in reporting, providing information, documentation for inspection work, banking supervision, room, anti-money laundering, prevention, anti-finance, and other information. A terrorist.

15. General, withdraw experience of the inspection work, oversight within the state management range of the State Bank.

16. Request for Ombudman, oversees the Bank of State Bank branch reporting on inspection works, bank oversight, complaint resolution, denounce, prevention, anti-corruption and prevention, anti-money laundering, room, anti-terrorism; aggregation, public results report The inspector, the oversight, the resolution of the complaint, denouncing, in the room, against corruption and in the room, anti-money laundering, room, anti-terrorism funding within the state bank of the State Bank.

17. Guide, test of the operation of the assembly, the NGO in the areas of the State Bank ' s management range and by hierarchy, the governor of the State Bank of the State.

18. The research organization, the application of scientific and technological advances into management, inspection, banking supervision, prevention, money laundering, prevention, prevention of terrorism; and modernization of the technical facilities of the inspection system, bank oversight, and banking systems. prevention, anti-money laundering, room, anti-terrorism funding; organization of the training of inspectors, oversight for bank inspectors, other public officials of the Ombudman, oversight of the Bank; training, fostering expertise, business for cadres, public, the official as the inspector general, oversees the bank, addressing the complaint, denouncing, in the room, against corruption and room, against Money laundering, room, anti-terrorism.

19. International cooperation in the field of management, inspection, banking supervision, room, anti-money laundering, room, anti-terrorism funding.

20. Make administrative reforms in the areas of operations of the Ombudship Agency, overseeing the bank under the State Bank ' s administrative reform plan.

21. Staff, help the Governor of the State Bank to implement state management of deposit insurance.

22. Ministry of organizational organization, payroll; implementation of wage and regime regime, treatment policy, recruitment, use, appointment, dismissal, resignation, retirement, resignation, reward, discipline for cadres, civil officials, employees of the Qing Authority. The bank oversight of the Governor-General of the State Bank; there is an opinion of the reward for collective, individual in the banking industry according to the law.

23. Management, financial use, assets are delivered by the hierarchy of the Governor of the State Bank and the provisions of the law.

24. Do the task, other powers according to the rule of law and the assignment of the Governor of the State Bank.

What? 3. Organization Structure

1. The Inspector, the monitoring of domestic credit organizations (called the I Case).

2. Inspector, oversees foreign credit organizations (abbreviated Case II).

3. The Administrative Inspects, the resolution of the complaint, denouncing and the room, against corruption (known as Case III).

4. Bank system safety surveillance (abbreviated as Case IV).

5. Bank operating safety policy (abbreviated Case V).

6. The management licensing of credit organizations and banking operations (abbreviated as Case VI).

7.

8. Office.

9. Bureau of Inspector, oversees the Hanoi city bank (known as Bureau I).

10. Bureau of Inspector General of Ho Chi Minh City bank (known as Bureau II).

11. Bureau of Defense, Anti-Money laundering (Bureau III).

Units of the Ombudship, which oversees the bank.

The Governor of the Bank of State regulates the functions, duties, powers, and organizational structures of the units of the Ombudship, which oversees the bank.

What? 4. Bureau of Inspector, oversees Hanoi city bank, Bureau of Inspects, oversees the city bank of Ho Chi Minh City

1. Location, function, organizational structure:

a) the Bureau of Inspects, oversees the city bank of Hanoi, Bureau of Inspects, oversees the city bank of Ho Chi Minh City as a unit of the Inspector General, overseeing the bank, carrying out inspection, oversight on bank inspection subjects, monitoring subjects. The bank and the duties under the provisions of the law, the State Bank and the hierarchy, the authority of the Chief Inspector, the bank oversight;

b) Department of Inspector, bank oversight of Hanoi, Bureau of Inspects, bank oversight of Ho Chi Minh City bank has its own seal and account; the Inspector Bureau, oversees Hanoi city bank headquartered in Hanoi city, Inspector General, oversees the bank. the Ho Chi Minh City bank is headquartered in Ho Chi Minh City;

c) The Bureau of Inspectoring, which oversees the city bank of Hanoi, the Bureau of Inspects, oversees the city bank of Ho Chi Minh City, with no more than 3 Deputy Minister, bank inspectors, and other public officials.

Secretary, Deputy Director of the Inspector General, oversees the city bank of Hanoi, Bureau of Inspectology, overseeing the city bank of Ho Chi Minh City, appointed by the Governor of the State Bank, dismissed by the recommendation of the Chief Inspector of the Bank, overseeing the bank.

2. The mandate, the powers of the Inspector Bureau, oversees the Hanoi city bank, the Inspector Bureau, oversees the city bank of Ho Chi Minh City (later known as the Inspector Bureau, overseeing the bank):

a) Inspector of bank inspection subjects within the state management scope of the Bureau of Inspectoring, overseeing the bank being delivered and in accordance with the rule of law;

b) Monitoring of banking supervising objects within the state management scope of the Bureau of Inspectoring, bank monitoring is delivered and under the rule of law;

c) Inspector of the incident led by Chief Inspector, overseeing the delivery bank;

d) Apply treatment measures by authority or petition, agency proposals, organizations, individuals with authority to take safe safeguards, breach of breach of the bank inspection object, subject of bank monitoring subject to the regulation of the bank of the bank. the law;

The execution of the administrative inspector, the statutory complaint, denounced by the law, the State Bank, and the devolve, the authority of the Chief Inspector, the bank oversight;

e) Do room duty, anti-corruption under the rule of law enforcement, anti-corruption;

g) The synthesis, reporting results on inspection works, monitoring, addressing complaints, denouncing, in the chamber, against corruption within the management scope of the Bureau of Inspectoring, overseeing the bank is delivered;

h) Following, the governor, examining the implementation of the conclusions, the petition, the decision to handle the inspector, the oversight of the Inspector General, overseeing the bank;

i) Perform a number of tasks related to regulatory licensing activities at the Digital Protocol. 26 /2014/ND-CP following the regulation of the State Bank;

n) The training of the training, the guidance of the inspector general, oversees the bank inspector, another public officer, the Inspector of the Bank, overseeing the bank;

l) The president, to withdraw the experience of inspection, supervision, settlement of complaints, charges, departments, anti-corruption within the management scope of the Bureau of Inspectoring, oversight of the bank was delivered;

m) carried out the task of defence, anti-money laundering, prevention, anti-terrorism and other duties under the rule of law, State Bank and devolve, the authority of the Chief Inspector, the oversight of the bank.

3. The mandate, the powers of the Chief Inspector General, oversees the bank:

a) Accept the direction, the executive of the Chief Inspector, the oversight of the bank by the rule of law;

b) Leader, director of the Inspector General, oversees the bank to carry out the duties, the statutory authority at Clause 2 This and the relevant law texts;

c) The organization performs the work program, the inspection plan of the Inspectoring Agency, which oversees the bank within the management scope of the Department of Inspectoring, overseeing the bank and being investigated by the Chief Inspector, bank oversight of the bank;

d) Chief Inspector Inspector, bank oversight of the settlement bank under the jurisdiction of matters of inspection, oversight;

Decide how the bank inspector, the other public officer, oversees the bank, oversees the bank's work, directly contact the bank.

e) Ra's decision to plead, the establishment of an inspection team for bank inspector objects within the jurisdiction of the Bureau of Inspectology, overseeing the bank or at the request of the Chief Inspector, overseeing the bank; carrying out the duties, the authority of the bank. The decision was made.

g) Proposal to Chief Inspector, bank supervisor to recommend the Director of the State Bank branch of the bank of bank inspectors, other public officials to the inspection corps; public display, the officer of the agency, the relevant unit participating in the bar operation. Look.

h) Chief Inspector Inspector, bank oversight, state agency with authority to apply banking to secure banking on agencies, organizations, individuals within the state management scope of the Department of Inspects, bank oversight;

i) The petition with the state authority has the authority to amend, complemated, issued provisions for compliance with management requirements; the decree suspenseers or cancelation of the rule of law discovered through inspection of inspection, supervision;

n) The administrative violation of the administrative violation under the rule of law on the processing of administrative violations and the Chief Inspector of the Inspector, the bank oversight;

l) Chief Inspector Inspector, bank supervisor on inspection of inspection, surveillance and other work by the Bureau of Inspectoring, oversight of the bank;

m) perform other duties under the provisions of the State Bank and devolve, the mandate of the Chief Inspector, the oversight of the bank.

What? 5. Leader of the Inspector Agency, oversees the bank

1. The Ombudman, oversees the bank with Chief Inspector Inspector, oversees the bank and no more than 3 Deputy Chief Inspector, overseeing the bank. The special case required on 3 Deputy Chief Inspector, overseeing the bank, the State Bank of the Prime Minister of Government decided.

2. Chief Inspector, bank supervisor appointed by the Governor of the State Bank, dismissed, dismissed after reunification with the Inspector General of Government.

The Governor of the Bank of the State appointed, dismissal of the Deputy Chief Inspector, overseeing the bank on the recommendation of the Chief Inspector, overseeing the bank and regulation of the law.

3. Chief Inspector, overseeing the bank responsible to the Governor of the State Bank and before the law on the entire operation of the Inspector General, overseeing the bank; Deputy Chief Inspector, overseeing the bank responsible to Chief Inspector, Chief Inspector General. The bank oversight of the bank and before the law on the field of work was assigned in charge.

4. Chief Inspector, overseeing the bank carrying out the mandate, the prescribed powers at Article 8 Digital Protocol 26 /2014/ND-CP; the mission, the powers of the Chief Inspector of the Department, the peer-to-peer authority under the law of the inspector and other provisions of the relevant law.

What? 6. Effect and accountability

1. This decision has the enforcement effect since August 1, 2014 and replaces the number decision. 83 /2009/QĐ-TTg May 27, 2009 the Prime Minister provides for the office, the mandate, the powers and the organizational structure of the Inspector-General of the Bank of Vietnam.

2. The Governor of the State Bank, the ministers, the chief of staff across the Ministry, the Head of the Government of the Government, the Chairman of the Provincial People ' s Committee, the Central City of Central and Chief Inspector, oversees the bank responsible for enforcement of the decision. Hey.

Prime Minister

(signed)

Dao Dung