DECREE

V. the organization and operation of the Inspector, overseeing the Bank of the Bank

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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;

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

The Money Insurance Base sent June 18, 2012;

The Administrative Administrative Processing Law on June 20, 2012;

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

The government issued a decree on the organization and operation of the Inspector, overseeing the banking industry.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree provides for the organization and operation of the Inspector, overseeing the Bank; the bank inspector, the bank inspector general; the responsibility of the agencies, the organization, the individual in the operation of the Inspector, overseeing the Bank.

What? 2. The inspection object and the monitoring object

1. Inspector Inspector of the Inspector, supervisor of the Bank (later known as the bank inspector general):

a) Agency, organization, individuals within the management range of the State Bank of Vietnam (later known as the State Bank);

b) The bank inspection object is regulated at Article 52 of the State Bank of Vietnam, including the policy bank and the subsidiary of the credit organization;

c) The state business was decided by the Governor of the State Bank;

d) The report subject to the responsibility of the state management of currency, banking and foreign exchange activities (later called currency and banking) as defined by the law of the chamber, against money laundering;

The money insurance organization sent;

e) Agency, organization, other individuals are obliged to accept law practices in the areas of state management of the State Bank.

2. The supervising object of the Inspector, the monitoring of the Bank (later known as the bank oversight object):

a) The bank oversight object is regulated at Article 56 of the State Bank of Vietnam, including the policy bank and the subsidiary of the credit organization;

b) The report subject to the responsibility of the state management of currency and banking under the provisions of the law of the chamber, against money laundering;

c) Other objects by the rule of law.

What? 3. Apply International Treaty

In the case of an international treaty that the Socialist Republic of Vietnam is a regulated member of the provisions of this decree, it applies the regulation of international treaties.

What? 4. Banking inspectors, bank oversight

1. Make sure to focus, unite in the direction, perform the mission from the Central to the local.

2. Follow the law; correct warranties, objective, honest, public, democratic, timely; unduplicate of the scope, object, content, inspection time between the agencies performing the inspector function; do not impede normal functioning, and not to interfere. of the agency, the organization, the individual is the bank inspector, the bank oversight object.

3. The bank inspector is conducted according to the inspection team or by the bank inspectors.

4. Banking monitoring is conducted regularly, constantly.

5. Combine the inspection, which oversees the adoption of policy, law with inspectors, monitoring the risk in the operation of the bank inspection object, subject to bank monitoring; a close combination of bank inspectors and bank oversight.

6. Make an inspection, oversee the entire operation of the credit organization.

7. Practice by the provisions of the State Bank Law of Vietnam and other regulations of the law are involved; the case has the difference between the regulation of bank inspectors, bank oversight of the State Bank Law of Vietnam with the provisions of the Bank of Vietnam. The other law is done by the State Bank Act of Vietnam.

8. Governor of the State Bank regulates the order, the bank inspector procedure, the bank oversight.

9. The other principle follows the rule of law on the inspector.

What? 5. Make the independent audit serve the inspection request, monitor the bank.

1. Inspector, supervising the Bank of the Bank with the right to request a bank inspector object, the bank supervising subject must hire an independent audit firm to audit one, some or all of the content of the organization, operation, finances when the test is needed. in the following cases:

a) The credit organization is at risk of being put into special control;

b) The credit organization is considered to end the deadline for special control;

c) The special controlled credit organization needs to be assessed as a financial entity, determining the value of the business, the real value of the charter capital, and the reserve funds to serve as the basis of applying the treatment by law;

d) The credit organization is reorganized under the regulation at Article 153 Law of Credit Organizations;

Your company, the affiliated company, the affiliated unit of the credit organization has signs that affect the safety, health of the credit organization;

e) The bank inspector subject, the weak-part bank monitoring object that needs to be processed, restructured;

g) Evaluation of financial, operational and safety levels of the bank inspection object, subject to banking supervision for the basis of the application of handling measures, safety assurance;

h) The case of inspection of the inspection, oversight beyond the ability of the Inspector, oversees the Bank;

i) Other cases by law.

2. The bank inspector object, the bank monitoring object must perform a prescribed audit at clause 1 This must pay the audit costs.

Chapter II

ORGANIZATION AND MISSION, THE AUTHORITY OF THE INSPECTOR,

BANK OVERSIGHT

What? 6. The organization ' s organizing system, oversees the Bank

The inspector, overseeing the banking industry, is the state inspection agency, which is organized into a system of:

1. The Inspector Agency, the bank oversight of the Bank of the State Bank.

2. Inspector, bank supervisor of the Bank of the State Bank branch of the province, the Central City of China (later called Inspector, oversees the Branch State Bank) was established in the province, the Central City of Central City where there is no Qing bureau. Inspector, bank oversight, bank surveillance.

What? 7. Inspector of the Bank, oversees the bank

1. The Ombudman, which oversees the bank is the General Equivalent Unit, directly subordinate to the State Bank, which performs the staff function, which helps the Governor of the State Bank of the State to manage the state for credit organizations, foreign bank branches, management and management. The state of the state of its inspection, the complaint, the complaint, the prosecution, the chamber, the anti-corruption, the prevention, the money laundering, the deposit insurance; the conduct of the administrative inspector, the expert inspector, and the bank oversight of the bank in the areas of the state administration. of the State Bank; implement the chamber, anti-money laundering, chamber, anti-terrorism funding under the rule of law and its division. Governor of the State Bank.

2. The organization ' s organizational structure, the bank oversight of cases, the Bureau, Office at the headquarters and the Department of Inspects, oversees the bank located in several provinces, the Central City of Central (later known as the Department of Qinghai). Look, look at the bank. Units of the Ombudship, which oversees the bank.

Secretary of the Bureau, overseeing the bank's decision to make an inspection, the establishment of the inspection team, carrying out the duties, the powers of the decision-making, and the execution of the administrative breach under the rule of law.

3. The Prime Minister specifies the specific mandate, powers, and organizational structure of the Ombudship Authority, which oversees the bank on the recommendation of the Governor of the State Bank.

What? 8. The mission, the authority of Chief Inspector, oversees the bank

The title of the head of the Inspector of Inspecship, the bank supervisor is Chief Inspector, overseeing the bank. Chief Inspector, overseeing the bank's execution, the following powers:

1. Leader, direction, inspection of the inspection work, oversight within the state management scope of the State Bank; the head of the Ombudgetary Authority, which oversees the bank carrying out the mandate, powers under the rule of law.

2. The host dealt with overlapping coverage of the scope, subject, content, inspection time within the state of State Bank ' s state management; in coordination with Chief Inspector of the Province, the Central City of Central City addressing the overlap of the scope, for example. Statues, content, time of inspection in the province, the city's central city.

3. Out of the decision of the inspector, the inspection team for the subject of bank inspectors within the management of the State Bank under the assignment of the Governor of the State Bank or at the request of the Governor of the State Bank; perform the task. The authority of the decision-making decision was made; recommended the Director of the Bank of State branch of the bank of the bank of the bank, the other public to join the inspection corps; the public official, the officer of the agency, the unit involved in the inspection team.

4. Decided the inspection of detection when there are signs of violation of a bank inspector ' s law or when there is a risk sign that threatens the safety of the credit organization, the foreign bank branch, and the responsibility of the United States. Bank of the State Bank for its decision.

5. When there is a sign of a violation of the law or when there is a risk sign that threatens the functioning safety of the credit organization, the foreign bank branch, which requires the Director of the Branch State Bank (except where there is the Bureau of Inspector, overseeing the bank) conduct an inspection against the bank inspector general who has been carried out by the Governor of the State Bank; the case of the Director of the Bank of the State Branch does not agree, it is entitled to decide the inspection, report, and be held accountable to the Governor. Bank of the State Bank for its decision.

6. Consider handling or offer the Governor of the State Bank to handle the problems that Chief Inspector, oversight of the Branch State Bank not unanimously to the Director of the Branch State Bank in the implementation of the function, the task of inspection, oversight and oversight. Delivered.

7. The Governor of the Bank of the State Bank suspended the execution of the wrong decision on the inspection, oversight of the agency, the direct management unit of the State Bank.

8. The Governor of the Bank of the State of the State of the State addressed the issue concerning the inspection, oversight; the case of the petition on the inspection was not accepted by the Governor-General of the State Bank, the Government Inspector General of the Government.

9. The state agency petition has the authority to amend, supplement, issued provisions for compliance with management requirements; the decree suspenseers or rescints the rule of law discovered through inspection, surveillance.

10. sanctipate the administrative breach under the rule of law on disposal of administrative violations.

11. The Governor of the State Bank considers the responsibility, which handles the administrator of the Governor of the State Bank whose behavior violates the law that is discovered through the inspector, supervising or failing to make conclusions, petitions, decisions, and other decisions. to the inspector, monitor; ask the head of the agency, the organization to review the responsibility, process the person of the agency ' s management, the organization that has a violation of the law discovered through the inspector, monitor or do not make conclusions, petitions, decisions and decisions. I'm going to take care of the detective, the supervisor.

12. The State Bank ' s Governor-General counsel decides to follow the authority and the organization to deploy the safeguards of banking activities to the agencies, organizations, individuals within the state bank of the State Bank.

13. Report of the Governor of the State Bank, the Inspector General of Government on Inspector General in the scope of responsibility is delivered; reports the Governor of the State Bank on the other works of the Ombudman Agency, overseeing the bank.

14. Inspector, check out the responsibility of the Chief of the Agency, the unit under the management of the State Bank in the implementation of policy, law, duties, powers delivered.

15. Decision on the bank inspector, other public officer of the Ombudgide Agency, oversees the bank's conduct of the work, directly exposed to the oversight of the bank.

16. Decided the level of oversight for the bank oversight subjects, except for the case by the Governor of the State Bank.

17. Do the task, the other authority under the rule of law or be delivered by the Governor of the State Bank.

What? 9. Inspector, oversees the Branch State Bank

1. Inspector, overseeing the Branch State Bank is the unit of the organizational structure of the Branch State Bank, which helps the Director of the State Bank branch of the state management branch, conduct administrative inspectors, inspectors, bank oversight, settlement of the bank. complaint, denounce, prevention, anti-corruption, antitrust, anti-money laundering, room, anti-terrorism funding for managing subjects, inspectors and bank oversight on the site in accordance with the division, devolve, authorship of the State Bank Governor and by statute. The law.

Inspector, overseeing the Branch State Bank under management, direct direction of the Director of the Branch State Bank and the direction, guidance of the Ombudman Agency, the bank oversight of the business, the inspection and inspection of the bank, the banking supervisor, the bank. decision to complain, denounce, room, anti-corruption, room, anti-money laundering, room, anti-terrorism funding.

2. Inspector, supervisor of the Branch State Bank has its own seal.

3. Inspector, oversees the Branch State Bank with Chief Inspector Chief Inspector, oversees the Branch State Bank, Deputy Chief Inspector, oversees the Branch State Bank, bank inspectors and other public officials.

Chief Inspector, oversees the Branch State Bank, appointed by the Governor of the State Bank, dismissed by the recommendation of the Director of the Branch State Bank and the unified opinion of the Chief Inspector, overseeing the bank. Deputy Chief Inspector, oversees the Branch State Bank, appointed by the Director of the State Bank of the State Branch, dismissed from the Office of the Chief Inspector of State, overseeing the Bank of the Branch State.

4. State Bank of the State Bank specifically regulates the task, powers and organizational structure of the Ombudman, overseeing the Branch State Bank in accordance with Article 10 of this decree; the decision to dissolve the Ombudman, which oversees the Bank of the Branch State in accordance with the request The bridge, the inspector, the bank supervisor.

What? 10. The mission, the powers of the Inspector, oversees the Branch State Bank

1. Build an annual inspection plan by the Director of the State Bank of the State Branch approved; construction and organization implementation of the inspection plan, the work program of the Inspector's responsibility, oversees the Bank of the Branch State.

2. Inspector of the implementation of the policy, law and duties, the powers of the agency, the organization, the individual under the direct management of the Bank of the State Bank.

3. Inspector of bank inspection objects within the state management range of the State Bank of the Branch State is delivered.

4. Other job inspectors, bank oversight, bank oversight or the Director of the State Bank of the State Branch.

5. Monitoring of the bank monitoring objects within the state management range of the State Bank of the Branch State is delivered and in accordance with the rule of law.

6. Apply processing measures by jurisdiction or petitions, 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 United States. the law.

7. Accept the direction, guidance of the Inspector Agency, bank oversight of the business, a career of administrative inspectors, inspectors, bank oversight, complaint resolution, denouncing, defence, anti-corruption, room, anti-money laundering, room, anti-funding -Terrorism.

8. Staff, help the Director of the Branch State Bank to perform a number of tasks related to the regulatory licensing at Article 30 of this Decree under the devolve, the authorship of the Governor of the State Bank.

9. Watch, foreman, check out the conclusion of the conclusion, the petition, the decision to handle the inspector, the oversight of the Director of the Branch State Bank and the Inspector, overseeing the Branch State Bank.

10. Do the task of addressing the complaint, denouncing the rule of law on the complaint, denouncing.

11. Do room duty, fight corruption according to the rule of law on the chamber, fight corruption.

12. Staff, help the Director of the State Bank of the General Branch, report results on the inspection, oversight, complaint settlement, denounce, defence, anti-corruption within the management range of the State Bank of the Branch State.

13. Make the report, provide information, document at the request of the Ombudship Agency, monitor the bank.

14. Organization for the training of the inspector general, supervising the bank inspector, another public officer of the Ombudman, overseeing the Bank of the Branch State.

15. General, withdraw experience of the inspection work, supervised within the management scope of the State Bank of the Branch State delivered.

16. Do the task of room, anti-money laundering, prevention, anti-terrorism and other duties, other powers under the rule of law or by Chief Inspector, bank oversight, Director of the State Bank of the State of the Branch.

What? 11. The mission, the authority of Chief Inspector, oversees the Branch State Bank

1. Leader, director of the inspection, oversight within the management scope of the Branch State Bank; the Inspector leader, overseeing the Bank of the State Bank for the task of carrying out the mandate, the statutory authority at this decree and the legal documents. It's relevant.

2. Ra decision-making, the inspection of the inspection team on the subject of bank inspectors within the management scope of the Branch State Bank or at the request of the Chief Inspector, overseeing the bank, the Director of the Branch State Bank; implementation of the The mission, the authority of the decision-making.

3. Decided the inspection when the detection of a violation of the bank inspector ' s legal breach or when there is a sign of risk threatening to the operational safety of the credit organization, the foreign bank branch of the scope of the management is delivered and charged. to be held accountable to the Director of the Bank of the State Branch of its decision.

4. The Director of the State Bank of the State of the State Branch addressed to the authority on matters of inspection, oversight; report of the Chief Inspector of the Bank, which oversees the bank if the petition is not accepted.

5. Decision of the bank inspector, other public officer of the Ombudman, oversees the Bank of the State Bank to conduct business meetings, direct contact of the banking watchdog.

6. The petition with the state agency has the authority to amend, supplement, issued provisions for compliance with management requirements; the decree suspenseers or rescints the rule of law discovered through inspection, surveillance.

7. sanctipate the administrative breach under the rule of law on administrative violation, while also reporting the Director of the Branch State Bank and Chief Inspector of the Bank, overseeing the bank.

8. The Director of the State Bank of the State Branch review the responsibility, which handles the administrator of the Director of the Branch State Bank of the Branch State with a violation of the law being discovered through the inspector, supervising or failing to make conclusions, decided. I'm going to take care of the detective, the supervisor.

9. The Director of the Branch State Bank, the state agency has the authority to apply banking safety guarantees to the agencies, organizations, individuals within the state management range of the Bank of the State Bank.

10. Proposal with the Director of the State Bank of the State Branch recommend the Director of the Bank of the Other Branch, Chief Inspector, overseeing bank of bank inspectors, other public officials, officials of the inspection team; public display, official of the agency, the unit involved in the inspection operation.

11. Chief Inspector Inspector, oversees the bank, Director of the State Bank of the State Branch on the inspection of inspectors, supervising and other works within the scope of the Inspector's management, overseeing the Bank of the Branch State Bank.

12. Do other duties, other powers under the rule of law or by the assignment, the mandate of the Chief Inspector, overseeing the bank, the Director of the Branch State Bank.

Chapter III

BANK INSPECTORS AND

BANK INSPECTOR GENERAL

What? 12. Bank inspectors

1. The bank inspector is an officer of the Ombudman, supervising the Bank of the Bank appointed to the inspection tranche to carry out an inspection mission, overseeing the bank and other duties of the Inspector, overseeing the banking industry.

2. The appointment, the dismissal of the bank inspector to execute the provisions of the law.

3. Bank inspectors enjoy the regime, policy of enlightenment, training, fostering to raise the level of career level and to secure the necessary conditions for inspection activities, monitoring under the rule of law.

4. In addition to the general standards of the regulatory inspector in the Law of Inspects and related legislation concerned, the bank inspector must have a knowledge of state management, law knowledge in the area of the state ' s state governing jurisdiction of the Bank. The state and other standards follow the regulation of the Governor of the State Bank.

5. The bank inspector has a mandate, powers and responsibilities under the rule of law.

What? 13. Bank inspector general

1. The bank inspector general is the non-commissioned officer of the Ombudman, which oversees the banking industry, being held by the authority to join the inspection team.

The exercise and the use of the bank inspector associate the law.

2. The person with the authority to display a bank inspector general to join the inspection team at Clause 1 This includes the Governor of the State Bank, Chief Inspector, overseeing the bank, Director of the Branch State Bank, Chief Inspector, Director of the Bank. The Bank of State Bank, the Bureau of Inspects, oversees the bank.

3. The bank inspector is public, the official with a political, good moral, responsible sense of duty, honesty, objectiation, objectiation, professional qualifications, and a degree in compliance with the request of an inspection mission.

4. The bank inspector general has a mandate, powers and responsibilities under the rule of law.

5. The bank inspector general enjoys the regime, policy pursuits to the rule of law and is facilitated to complete the mission.

Chapter IV

IT 'S THE INSPECTOR GENERAL' S OPERATION.

Section 1

DETECTIVE ACTIVITY

What? 14. Administrative Inspector

Administrative inspectors are carried out by the provisions of the Inspector Law, detailed regulatory documents, guidelines for the implementation of the Inspector Law and other relevant legislation.

What? 15. Content and form of bank inspector

1. Bank inspector.

a) Inspects the acceptance of the law on currency and bank, the other regulation of the relevant law, the implementation of the regulations in the license issued by the State Bank;

b) Review, assess the level of risk, risk management capacity and financial situation of the bank inspection object; review, assess potential risks, quality and governance system effectiveness, run, audit systems, internal control, system, and system management, and the management system. the risk management of the credit organization, the foreign bank branch, including the identification of risk, risk measurement, risk monitoring, control, and mitigation, risk processing through consideration of the impact factors to active safety, quality, and risk management. quantity, risk management effectiveness, the ability to fight the risk of credit organization, branch of foreign banks;

c) The state agency petition has the authority to amend, replenor, cancel or enact legislation that rules the law that meets the requirements of state management of currency and banking;

d) The petition, which requires that the bank inspector to have limited measures, mitigate and process risk to secure banking and prevention operations, prevent behavior that led to violation of the law;

Detection, interception and disposal of jurisdiction; the state agency petition has jurisdiction over violation of the law.

2. The form of bank inspector:

a) The plan for planning to proceed under the plan has been granted authority of approval;

b) The breakthrough inspector is conducted upon the detection of a bank inspector whose signal breach of the law, which develops a risk, the risk of threatening the safety, healthy of the bank inspection object, at the request of the settlement of the complaint, denouncing, prevention, anti-corruption, anti-money laundering, anti-terrorism, anti-terrorism, or by the head of state authority.

What? 16.

The decision to determine the inspection was carried out by regulation at Article 38 of the Inspector Law, Article 54 of the State Bank of Vietnam and the relevant laws of law.

What? 17. Build and approve the annual inspection plan

1. Slowly on November 15 each year, the Inspector General, overseeing the base bank in the direction of the inspection program, the guidelines of the Inspector General of Government and the request for the management work of the State Bank of the State Bank of the State Bank. Approve the Inspector's annual inspection plan, overseeing the banking industry. The State Bank of the State Bank is responsible for review, approving the Inspector's annual inspection plan, which oversees the slog bank on November 25 annually.

2. Slowly on December 10 every year, Inspector, oversees the State Bank branch of the base on the annual inspection plan of the Ombudman, overseeing the Bank and demanding the management work of the State Bank branch of the Bank of the Bank of the Bank. The House of State branch approx the Inspector's annual inspection plan, oversees the Branch State Bank, and reports the Ombudman, the bank oversight of the bank. The Director of the Bank of the State Bank is responsible for review, approving the Inspector's annual inspection plan, overseeing the slog branch of the State Bank on December 20 annually.

3. The case needs to adjust the Inspector ' s annual inspection plan, which oversees the banking industry, the Ombudship Agency, which oversees the bank with text suggesting the Governor of the Bank of the State of the State approx the inspection plan. In the 15-day period since the date of receiving the recommended text of the Ombudgate Agency, overseeing the bank, the Governor of the State Bank is responsible for review, the decision.

The case needs to adjust the Inspector's annual inspection plan, which oversees the Branch State Bank, Inspector, oversees the State Bank of the Branch State with a text offering the Director of the State Bank of the State Branch approv. In the 15-day period since the date of receiving the recommendation text of the Inspector, oversees the Branch State Bank, the Director of the Branch State Bank is responsible for review, the decision. Inspector, overseeing the Bank of the State Bank report the Ombudgetary Authority, which oversees the bank on the regulatory content of the Inspector ' s annual inspection plan, overseeing the Branch State Bank has been led by the Director of the State Bank of the State Bank. approval.

4. The annual inspection plan of the Director of the Branch State Bank of the Branch State has an influence on the inspection plan that has been approved by the State Bank Governor, the Director of the Branch State Bank must report Chief Inspector, overseeing. The bank of the Governor of the Bank of the State approved prior to the approval of the annual inspection plan.

5. The annual inspection plan at this is sent to the Ombudgology Agency, which oversees the bank, subject to bank inspectors and agencies, the relevant organization.

What? 18. The authority to make the decision to inspector and rebar

1. Chief Inspector, bank supervisor, Chief Inspector of the Department of Inspector, bank oversight, Chief Inspector, oversight of the State Bank branch out of the branch decision making the inspection and the establishment of the inspection team. When it comes to necessity, the Governor of the State Bank, the Director of the Branch State Bank (where there is no Inspector General, oversees the bank) out of the inspection and the inspection of the inspection team.

2. Chief Inspector, bank supervisor decides to rebar the incident that has been investigated by the Bureau of Inspector, bank watchdog, Chief Inspector, oversight of the State Bank of the State Branch concluded but found there were signs of violation of the law; the incident was reported. The chairman of the Provincial People's Committee, the Director of the State Bank of the State of the Branch, concluded that there was a sign of a violation of the law when it was delivered by the Governor of the State Bank.

What? 19. Inspector timeout

1. The deadline for an inspection by Ombudman, which oversees the Bank of the Bank for no more than 45 days, is a complex case that can last up to 70 days. The case needs to extend the deadline of carrying out an inspection on 70 days, Inspector, overseeing the Bank report to Governor of the State Bank of the Prime Minister to decide.

2. The deadline for the inspection is calculated from the date of the publication of the inspection decision to the date of the end of the inspection at the place of the inspection.

3. The extension of the statute of limitations in Clause 1 This is due to the decision of the decision to be determined by the decision-making, in which the case lasts for 70 days at the discretion of the Prime Minister.

What? 20. Report results of the inspection and conclusion of the inspection against the credit organization, the foreign bank branch.

1. As slow as 25 days, since the end of the inspection against the credit organization, the foreign bank branch, the Chief Inspector of the Inspector must have a written report of the results of the inspector, unless the case of the inspector conclusion must wait for comment on the expert. The agency, the organization has jurisdiction.

2. The base reports the inspection results against the credit organization, the foreign bank branch, the process content of the bank inspector object (if any), the 25-day delay since the date received the inspection results of the inspector, the decision-making. The inspection must be signed, except for the case of the conclusion that the inspector must be expected to discuss the agency's expertise, the organization has jurisdiction.

3. The Governor of the State Bank instructs the content to report the results of the inspection, the content that concludes the inspection and the post-inspection process for the inspection of the credit organization, the foreign bank branch.

What? 21, Inspector of Room, Anti-Money laundering, deposit insurance and inspectors on other sectors of the State Bank ' s state management range.

1. Inspector of the room, anti-money laundering carried out in accordance with the rule of law on the chamber, combing money laundering and law on inspectors.

2. The inspector on deposit insurance is carried out in accordance with the law of deposit insurance and the law on inspectors.

3. Inspector of other areas of the State Bank ' s state management range implemented by the regulation of the relevant law and the law on inspectors.

What? 22. Send the inspector conclusion and publicly conclude the inspector

1. In the 15-day period since the inspection date of the inspection, the inspector conclusion must be sent as follows:

a) For the inspection conducted by the Agency for Inspectra, the bank ' s oversight of the bank, the inspector concluded that the inspector had to send the Governor of the State Bank, the Inspector General of Government, Chief Inspector, overseeing the bank, the bank inspector object, the agency chief. the direct-level management of the bank inspector object (if any) and the agency, organization, individual relevant;

b) For the inspection conducted by the Ombudman, which oversees the Bank of the Branch State, the inspector concluded that the inspector must send the Ombudbank, the bank supervisor, the Director of the Branch State Bank, the bank inspector, the head of the bank. The immediate upper level of the bank inspector object (if any) and the agency, the organization, the individual is involved.

2. The inspector conclusion must be publicly available, except for the contents of the state secret inspection and sensitive content that the publication may affect the operational safety of the bank inspection object.

3. The signing of the Inspector concluded that the content of the inspector concluded publicly and is responsible for the public conclusion of the inspection, the case required to report the Chief Minister of Management to the same level of review, the decision.

4. The public form concluded that the inspection was made in accordance with the rule of law.

Section 2

BANK SURVEILLANCE ACTIVITY

What? 23. Content, form of bank surveillance

1. Banking monitoring content:

a) Collation, synthesis, and process of documents, information, data of the bank monitoring object at the request of monitoring; combined safety monitoring of the entire system of credit organizations with the safety oversight of each credit organization, bank branch, bank branch, etc. Foreign:

b) Consider, monitor the situation that accepts the safety of banking activities and other provisions of the relevant legislation; the implementation of the conclusion, the petition, the decision to process inspection and recommendations, warns of the oversight of the bank;

c) Analysis, frequent assessment of financial situation, activities, governance, executive and risk levels of credit organization, foreign bank branch, systemic risk; performing rating of annual credit organizations in a safe level;

d) Detdiscovered, warning of impact factors, negative volatility trends, risk of loss of operation safety on each credit organization, foreign bank branch and credit organizations system; risks, risk resulting in violation of the law on the basis of human rights violations. the currency and the bank;

) The petition, which proposes prevention, prevention and handling of the risks, violates the laws of the object of the bank under the rule of law.

2. Banking monitoring form:

a) The banking supervisor is regularly conducted, repeatedly through macrosafety monitoring, microsafety monitoring and the use of methods, standards, surveillance tools and information systems, reports issued by the Governor of the State Bank;

b) Microsafety monitoring is the form of safety monitoring for each individual monitoring object, performed on a rating system basis, evaluating the bank monitoring object; the information system, the report of microsafety monitoring; and the standards of monitoring and monitoring. Safety levels; process systems, tools, standards, and financial analysis skills, activities; assessment, monitoring, and warning of types of risks, violating the laws of the bank monitoring object;

c) The macro safety monitor is the form of safe monitoring of the entire system of credit organizations, the foreign bank branch carried out on the basis of a system that indicates a reflection of the level of financial and safety healthy and operational safety; the information system, the report. active service analysis and monitoring of macro safety; system of methods, tools, analysis processes, monitoring, safety warnings, safety of the system of credit organizations, foreign bank branches; periodic reports or a safety and stability report. The system.

What? 24. Coordinate between the bank inspector with bank oversight

1. The bank monitoring results are one of the bases that build the annual inspection plan and determine the scope, object, bank inspector content.

2. The bank results monitoring base, who has the authority to be able to make a decision to check the bank inspector object.

3. The test result is one of the bases that deploy appropriate banking monitoring activities.

What? 25. Bank monitoring measures

Depending on the level of safety, healthy and violation of the law of the bank monitoring subject, Inspector, oversees the Bank of the Bank that applies the following treatment measures:

1. The Governor of the State Bank or who is authorized by the Governor of the Bank of the State of the State to apply regulatory measures at Article 59 of the State Bank of Vietnam.

2. The acute petition has the authority to place the credit organization into special control, which applies structural measures again under the rule of law.

3. Ask the bank to monitor the bank to implement the report mode at the request of the Ombudman, which oversees the Bank.

4. The Governor of the State Bank or who is authorized by the Governor of the Bank of the State of the State for the decision to establish a monitoring organization for monitoring, oversight of the banking watchdog.

5. The Governor of the State Bank or the Governor of the State Bank of the State of the State of the State delegated suspension, ending acts of violation of the law and the operation that caused the safety of the banking watchdog.

6. The Governor of the State Bank or who is authorized by the Governor of the Bank of the State of the State to apply measures to control risks of risk and constrain growth, scale expansion, activities that affect the functioning of the operation of the enemy. The bank surveillance.

7. The acute petition is to suspend, suspend, suspend the office of the manager, the operator and the individual handling of the breach of the law or cause the risk of an operation to the bank oversight object; the grant petition is questioned. Non-appointments, reappointments, dismissal, termination of employment, termination of employment contracts or other measures taken by the individual with a violation of the law which causes the risk of losing the operation of the bank supervising object.

8. Other treatment measures under the rule of law.

What? 26. Bank oversight base.

1. The rule of law regulating the object of the bank oversight.

2. The rules and the documents, the internal policy of the bank oversight object.

3. Financial reports, career reports, recurring activity reports.

4. Statistical Report.

5. Inspector results, check, check.

6. Information, other documents are related by law.

What? 27. Rights, the obligation of the Ombudman, oversees the banking industry in banking monitoring operation

1. Ask the manager, the operator, the employee of the bank overseeing the bank to work with the Inspector, oversee the Bank and provide information, relevant documents serving to the bank oversight; review, assessment of documents, information, information, and other information. the data of the bank monitoring object provided.

2. Review, assess the activities of the banking watchdog, including domestic and foreign operations, the operation of the parent company, the subsidiary company, the affiliated company, the unit ' s subordinated unit of the bank monitoring object affecting the subject of monitoring and monitoring. The bank.

3. Warning, recommend risk, operate and violate the laws of the bank monitoring object.

4. Check out, verify information, document, and work, exchange with the unit, the relevant individual of the bank monitoring object.

5. Requied the banking watchdog to report, provide periodically or mutate information, documentation for the monitoring; request for the parent company, the subsidiary, the affiliated company, the subordinated unit of the bank monitoring object and the institutions, the individual who has the following: with regard to the bank monitoring content that provides information, documents to the Inspector, oversees the Bank industry to serve as a monitoring operation.

6. When necessary, ask the bank to monitor the bank to take an independent audit under the regulation at Article 5 of this Decree.

7. Requied the bank oversight object or petition for the Governor of the State Bank, the state agency has the authority to apply precautions, prevent and process risks, violating the laws of the bank overseeing the bank, amendment, supplement, suspension of the bank. Enforcement of the law, the destruction of laws or affecting the safety of the bank.

8. Treatment of the administrative breach of the banking watchdog has a violation of the law under the rule of law; forcing the bank to monitor the bank to end violations of the law or business, the transaction is at risk of losing safety or loss to the bank. We're looking for a bank surveillance.

9. Apply regulatory bank monitoring measures at Article 25 of this decree.

10. Manage, use the information, document that serves the bank under the rule of law and agreement with the supply side.

11. Apply the monitoring measure in accordance with the level of risk, the safety of operation and the violation of the law of the bank monitoring object.

12. Check out the inspector, check the bank surveillance object when there are signs of violation of the law, the risk sign, not safe in operation.

13. Host, coordination with the agencies, organizations, units that are involved in implementing macro-safety monitoring, limiting system risk, ensuring the safety of banking and the system of credit organizations.

14. Rights, other obligations under the rule of law.

What? 28. Rights, the obligations of the bank supervising object in banking monitoring operation

1. Do the rights, the obligations of the bank monitoring subject by regulation at Article 57 of the State Bank of Vietnam and Article 160 Law of Credit Organizations.

2. Continue, implement the recommendations, warns of the Ombudman, monitor the Bank on Risk and Risk of Operational Safety, violation of the law; implementing deterred, prevention, control, mitigation, risk handling, risk-to-risk. loss of safety and violation of the law.

3. Make the petitions, decide the handling of the Inspector, oversee the Bank.

4. Rights, other obligations under the rule of law.

Section 3

POLICY BUILDING ACTIVITIES,

COPYRIGHT LAW; LICENSING

What? 29. Policy building, law-breaking text

The Inspector General, which oversees the staff of staff, helps the Governor of the State Bank in its construction, enacted under the jurisdiction or to the Governor of the Bank of the State of the State to grant the authority to enact policy, the law of the law of organization, operation dynamic, safety of banking, inspection, banking supervision, deposit insurance, and prevention, anti-money laundering, prevention, anti-terrorism financing of the State Bank.

What? 30. License.

1. The Ombudman, which oversees the staff of the staff, helps the Governor of the State Bank and the Inspector, oversees the Branch State Bank of staff, helps the Director of the Branch State Bank (in the case of the branch of the Branch State Bank) The Governor of the State Bank of State devolve, authoritship,

a) 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 banking licenses;

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

c) The confirmation registration of the credit organization;

d) Agreed to buy, sell, divide, merge, merge, merge, transform 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 state-owned commercial bank that owns 100% of the charter capital, personnel due to the owner of the State Capital at the Bank of the State of Commerce 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. Allow;

) Handling the problems related to the organization, governance, executive order of credit organizations, foreign bank branches to contribute to the assurance of credit organizations, foreign bank branches that work healthy, safe and in accordance with the laws of the law. the law;

e) The right and the responsibility of the representation of the owner of the State capital at the credit organization has the capital of the State under the rule of law;

g) Build and organize, track implementation of the project, the consolidation, the corrects, the reorganization of the credit organization, the foreign bank branch.

2. The inspector general, the bank supervisor decides some of the regulatory content at Article 1 This Article according to the devolve, the governor of the State Bank of the State.

Chapter

THE RESPONSIBILITY OF THE AGENCIES, ORGANIZATIONS, INDIVIDUALS IN

IT 'S THE INSPECTOR GENERAL' S OPERATION.

What? 31. State Bank Governor General

1. Specific regulation of the relationship between the agencies, the unit:

a) The Ombudman, which oversees the bank with the Inspector, oversees the Bank of the Branch State;

b) the banking authority, the bank oversight with the State Bank of the Branch State;

c) Department of Inspectoring, banking supervision with the State Bank branch of the branch on the site;

d) Between the inspectors, monitor the State Bank branch together.

2. Leader, director of the operation of the Inspector, oversees the banking industry within the management scope of the State Bank.

3. Approving the Inspector ' s annual inspection plan, which oversees the Bank.

4. Processing, the only timely handling of the conclusions, the petition of the Ombudman, oversees the Bank.

5. Regulation of information processing, reporting on inspection work, monitoring of banks, addressing complaints, denouncing, in prevention, anti-corruption to the agency, the organization, the individual involved.

6. Specific guidelines for banking safety standards, methods, processes, inspection procedures, bank monitoring.

7. Organization, direction, guarantee of funding, facilities facilities, engineering, clothing, and other necessary conditions for the Inspector, oversees the Bank.

8. Other responsibilities under the rule of law.

What? 32. The responsibility of the Director of the Bank of the State Branch

1. The responsibility of the Director of the Bank of the State Branch where there is no Inspector General, overseeing the bank:

a) Leader, director of the operation of the Inspector, oversees the Branch State Bank within the management scope of the Branch State Bank;

b) Approving the annual inspection plan of the Ombudman, which oversees the Bank of the Branch State;

c) timely processing of the conclusions, the petition of the Ombudman, which oversees the Bank of the Branch State;

d) Organization, direction, funding assurance, facilities facilities, engineering, clothing, and other necessary conditions for the Ombudman, oversight of the Bank of the State Branch;

) Other responsibilities under the rule of law and of the State Bank.

2. The responsibility of the Director of the State Bank Branch where there is the Inspector General, overseeing the bank:

a) Within the mandate range, the powers are delivered, the Director of the Branch State Bank is responsible for coordinating with the Ombudgery Authority, overseeing the bank, the Bureau of Inspectoring, banking oversight in the inspection, monitoring, settlement of complaint, denouncing, the room, anti-corruption;

b) As the tip of the State Bank on the site in the implementation of the reporting mission, relations with the commission, local authorities, handle the petition for currency and other banks and duties led by the Governor of the State Bank;

c) Other responsibilities under the regulation of the law and of the State Bank.

What? 33. Responsible coordination between the Inspector, overseeing the Bank with the agencies, the relevant organization in the inspection operation, overseeing the bank.

1. Do a coordinated work coordination at Article 11 Inspector Law.

2. Agency, organization, individuals to be Ombudgable, supervising the Bank of the Bank providing information, documents, inspection results, oversight of the bank must be responsible for the preservation, use of the right purpose and regulation of the law; do not use information, documents. And as a result of the inspection, the bank oversight of the bank has a negative impact on stability, banking, banking, and credit organization, foreign bank branches.

3. In case of necessity to ensure the functioning of the operation of the credit organization, the property of the State and the deposit of the people, the Ombudman, overseeing the Bank required:

a) The state agency has the authority to either bar or coordinate with the Ombudman, supervising the Bank of the Bank for the inspection of the subsidiary, the affiliated company of the credit organization according to the contents of the Inspector, overseeing the Bank;

b) The state agency has the authority to monitor or coordinate with the Inspector, overseeing the Bank of the Bank conducting oversight of the subsidiary, the affiliated company of the credit organization according to the contents of the Inspector, overseeing the Bank;

c) The state agency has jurisdiction, inspection, oversight of inspection, oversight; full provision, timely inspection of the inspection, monitoring of the subsidiary, the affiliated company of the credit organization at the request of the Inspector, overseeing the Bank.

4. Inspector, supervising the Bank of the Bank in coordination with the agency with the authority to check, monitor the foreign bank by regulation at Article 61 of the State Bank of Vietnam.

5. Inspector, check out the foreign side:

a) The agency has the authority to inspect, monitor the foreign bank, the parent credit organization, the foreign credit organization being checked, check out the activities of the foreign bank branch, the joint venture credit organization, the credit organization 100% foreign capital. Besides, the other foreign organization has banking operations in Vietnam. Prior to the inspection, inspection, the agency with the authority to inspect, monitor the foreign bank, the parent credit organization, the foreign credit organization must inform the State Bank (the Agency for Inspecer, bank oversight) of the content, time expected to start and end the inspection, check out;

b) In the 60-day period, since the end of the inspection, inspection, authority with the authority to inspect, monitor the foreign bank, the parent credit organization, the foreign credit organization must submit the report results report, check the House Bank. the water;

c) During the inspection, examination, if detection of a violation of the law or unusual activities, the risk is likely to affect the operating safety of the foreign bank branch, the joint venture credit organization, the credit organization 100% of the country ' s capital. In addition, the other foreign organization that has banking activities in Vietnam has jurisdiction, oversight of foreign banks, its parent credit organization, the foreign credit organization to inform the State Bank of the State Bank (Agency). Inspector, bank supervisor) and the petition, propose a treatment (if any).

6. In case of need, Inspector, supervisor of the Bank of the Bank conducts inspection, test of the subsidiary, the foreign-based unit of the credit organization under the regulation at this decree and the regulation of the relevant law, while accepting it. The law in the country conducts inspection, inspection, and under the agreement signed with the authority of the authority to inspect, monitor the foreign bank.

7. The provision, exchange of information, documents, inspection results, oversight between the Ombudman, oversight of the Bank with the authority to have the authority to check, monitor the foreign bank by compliance with the regulations of the Vietnamese law and the signed agreement. With the agency with the authority to monitor, monitor the foreign bank.

What? 34. The responsibility, the rights and obligations of the agency, the organization, the individual is subject to the bank inspector, subject to monitoring the bank and the responsibility of the agencies, organizations, individuals involved.

1. The bank inspector, the subject of responsible banking supervision, rights and obligations under the provisions of the Inspector Law, the State Banking Law of Vietnam, the Law of Credit organizations, Article 5, Article 28 of this decree and other provisions of the law. The rules are relevant.

2. Agency, organization, individuals with information, documents related to bank inspector content, bank monitoring must be fully provided, timely at the request of the Ombudman, oversight of the Bank and by regulation at this Decree, the provisions of the bank. The law of the law is relevant.

Chapter VI

EXECUTION CLAUSE

What? 35.

The decree has been in effect since 1 June 2014 and replaced the Protocol No. 1. 91 /1999/NĐ-CP September 4, 1999 of the Government on the Organization and Operations of the Bank of the Bank.

What? 36.

1. The governor of the State Bank is responsible for the implementation of this decree.

2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People's Committee, Central City, and Chief Inspector of the Bank, oversees the bank responsible for the implementation of this decree.