Circular 21/2013/tt-Nhnn: Regulation On Network Activity Of Commercial Bank

Original Language Title: Thông tư 21/2013/TT-NHNN: Quy định về mạng lưới hoạt động của ngân hàng thương mại

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THE STATE BANK OF VIETNAM
Number: 21 /2013/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 9, 2013

IT ' S SMART

Q The value of the commercial banking network.

__________________

Vietnam State Bank Law Base Stain. 46 /2010/QH12 16th Ah! 6 in 2010;

The Code of Credit: 47 /2010/QH12 16th Ah! 6 in 2010;

Business Law Base Stain. 60 /2005/QH11 29th Ah! 11 in 2005;

Base of Decree Stain. 96 /2008/NĐ-CP August 26, 2008 by the Government Regulation, Mission, Regulation, Okay. Limit and muscle All the organization of the Bank of Vietnam;

At the suggestion of Ch. Ah! Inspector, monitor the bank.

The Governor of the State Bank of Vietnam issued a regulatory provision on the operating network of the commercial bank. Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

The information regulates the establishment procedure, changing the name, change of place, termination of operation, branch dissolution, trading room, representative office, career units in the country; branch, representative office, bank of 100% of the foreign capital of the country. Commercial banks.

What? 2. Subject applies

1. Commercial banks.

2. Organization, individuals involved in the establishment, change of name, change of location, termination of operation, branch dissolution, trading room, representative office, career units in the country; branch, representative office, bank of 100% capital in the country; besides the commercial bank.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. Commercial banking ' s operating network includes branches, trading rooms, representative offices, career units in the country; branch, representative office, bank of 100% of foreign capital by law.

2. The branch is a subsidiary unit of commercial bank, dependent accounting, with a seal, which has a duty to perform one or some of the functions of the commercial bank under the rule of law.

3. The trading room is a commercial bank dependency, managed by a branch in the country of commercial bank, the bookmark, which has a seal, whose location is based on the province, the Central City of Central City where the headquarters are located. the management branch. The transaction room is not implemented:

a) The decision to grant a credit to a customer exceeds two (02) Vietnamese or foreign exchange rates equivalent, except for the case of a full-of-money credit, savings card, cost paper issued by the commercial bank, Government bonds, state coffers.

b) Provide international payment services.

4. The representative office is a unit of commercial banking, with a seal, performing a representative function under the jurisdiction of the commercial bank. The representative office was not implemented in business.

5. The career unit is a subsidiary unit of commercial banking, with a seal, carrying out one or a number of activities that support the business operations of the commercial bank, including:

a) Research, application of banking technology for commercial banking;

b) Training and fostering business, engineering for cadres, employees of commercial banks; and

c) The liaison office; research, understanding the market;

d) Database storage, collection, processing of business operations of commercial banking;

Other activities that support the business activities of the commercial bank are consistent with the rule of law.

6. The Exchange, the savings fund, the trading point is that the units that have been established under the State Bank regulations prior to this time of this Smart are enforced.

7. The Bank of 100% of foreign capital is a form of a subsidiary of the Vietnamese trade bank that owns 100% of the charter capital, which has a legal status, established abroad under the rule of foreign law.

8. The branch state bank is the State Bank of the Provincial Branch, the Central City of Central.

9. The time of the offer is the date, month, year of writing on the text offering to form the branch, the trading room, the representative office, the career unit in the country; branch, representative office, bank of 100% of the foreign capital of the commercial bank.

10. The inner city of Hanoi consists of the districts of the city of Hanoi.

11. The suburban area into Hanoi, which includes the rest of the city of Hanoi, is not part of the area of the inner city of Hà Nội, at the 10th of this.

12. The inner city of Ho Chi Minh City includes the districts of Ho Chi Minh City.

13. The area of the suburbs of Ho Chi Minh City includes the remaining sites of Ho Chi Minh City which are not part of the area of the inner city of Ho Chi Minh City at paragraph 12 of this.

14. The procedure approved the establishment of a trading room, the domestic branch of the commercial bank including the approved procedure of the establishment of a trading room, the stipulated branch at Chapter 2 and the procedure approvable to open operations. I mean, the trading room, the regulations at Chapter 3.

What? 4. State Bank Governor General Manager

1. According to the regulations at this Wednesday and in line with the goal of running monetary policy in each period, the Governor of the State Bank has the authority to approve or do not approve of the established commercial bank, ending operations, the dissolution said. branch, trading room, representative office, career unit in the country; establishment of branch, representative office, bank of 100% foreign capital.

2. According to the regulations at this privacy and in line with the goal of running monetary policy in each period, the Governor of the State Bank of State authorized the Director of the Bank of the State to approve or do not approve of the commercial bank:

a) Change the name, change the location of the branch headquarters in the country, the trading room on the site;

b) End of the trading room operation on the site (in the event of voluntary termination of operation);

c) Change the branch management branch on the site;

d) Qualitifully open branch operations in the country, trading room of commercial banks on the site.

3. In some specific cases, in order to cater to the goal of economic development, society, politics, security, defense, diplomacy and the executive policy of monetary policy in each period, the Governor of the State Bank considers the proposal to establish branch, culture and culture. the representative room, career unit, domestic trading room; branch, representative office, bank of 100% of the foreign capital of the commercial bank on the basis of a guarantee of the order, procedure in accordance with regulations at this Smart, and in accordance with the actual conditions.

What? 5. Preliminary filing principle

1. Commercial Bank filing in Vietnamese. Vietnamese-language copies and translations from foreign languages to Vietnamese must be questioned by law.

2. The offices of the commercial bank sent the State Bank, the State Bank of the Branch of the Branch in accordance with the provisions of the law by law or by the person represented by the law of the commercial bank of the commission. The representative under the law of authoritalization to others must be written in accordance with the rule of law.

3. Commercial bank records are sent to the State Bank, State Bank branch of the branch by form: directly sent or sent through the mail line.

Chapter II

QUALIFIED FOR THE ESTABLISHMENT OF THE BRANCH,

THE TRADING ROOM IS IN THE COUNTRY; APPROVAL TO ESTABLISH A REPRESENTATIVE OFFICE,

CAREER UNITS IN THE COUNTRY; BRANCH, REPRESENTATIVE OFFICE,

THE BANK IS 100% FOREIGN CAPITAL OF THE COMMERCIAL BANK

What? 6. The conditions of establishing a branch in the country of the commercial bank

To be established in the domestic branch, the commercial bank must fully meet the following conditions:

1. For the commercial bank there is a period of activity from 12 months or more (from the opening date operating to the time of the offer):

a) A real value of the charter capital at the time of December 31 of the previous year adjacent to the year of the offer is not lower than the legal capital rate;

b) Business activity is profitable under the merger financial report and the individual financial report audits of the prior year adjoining year of recommendation;

c) Compliance restrictions to ensure safety in the operation of the specified credit organization at Articles 126, 127, 128, 129; paragraph 1 Article 130 and Article 135 Law organizations and the guidelines of the State Bank for these regulations continually. in the 12-month period before the month of the offer;

d) Do the right, full of regulations on debt classification, extract of the risk reserve under the State Bank regulation; the debt ratio is bad compared to the total debt at the time of 31 December of the previous year adjacent to the year prior to the offer not exceeding 3% or another rate according to decision by the Governor of the State Bank in each period;

At the time of the offer, the Board of Directors, Council of Membership, the Control Board with the correct number and structure of the law, is not received by the General Manager;

e) At the time of the offer, the commercial bank has internal audits and the internal control system guarantees compliance with Article 40, Article 41 Law organizations and relevant regulations of the existing law;

g) Not subject to the subject of an unexpanded measure of the network under the rule of law on post-inspection treatment, supervision for credit organizations and foreign bank branches;

h) Responding to the terms of the number of branches allowed to be established by regulation at this Article 7;

i) There is a complete set of valid records in this message.

2. For commercial banks with an operating time of less than 12 months (from the date of opening activities up to the time of the offer):

a) A real value of the charter capital at the time of the offer is not below the legal capital level;

b) Business activity is profitable to the time of the offer;

c) Compliance restrictions to ensure safety in the operation of the specified credit organization at Articles 126, 127, 128, 129; paragraph 1 Article 130 and Article 135 Laws of credit organizations and State Bank guidelines for these regulations continuously from the United States. The date of the start of the opening day, the beginning of the day.

d) Do the right, full of regulations on debt classification, extract of the risk reserve under the regulation of the State Bank; the bad debt ratio compared to the total debt at the time of the offer does not exceed 3% or another rate by the decision of the Governor of the State Bank. You know, water every time

e) The regulations at the point, e, g, h, i clause one thing.

What? 7. The number of branches established

1. The number of branches of a established commercial bank must ensure:

300 billion. x N 1 + 50 billion x N2 < C

In it:

- - is the real value of the commercial bank ' s charter capital to the time of the offer (calculated by the Vietnamese billion).

- N 1 is the number of branches that have established and proposed the establishment in the inner city of Hanoi and the inner city of Ho Chi Minh City.

- N2 is the number of branches that have established and proposed to be established in the suburbs of Hanoi, the suburbs of Ho Chi Minh City; and the provinces, the other Central City.

2. Commercial banks are formed at a maximum of 10 branches in each of the inner city of Hanoi or the inner city of Ho Chi Minh City.

3. Commercial banks with a 12-month operating period (from the opening date operating to the time of the offer) are allowed to establish no more than three (03) branches and these affiliates are not established on the same provincial site, the city online. In the Central Committee.

4. Commercial banks with a 12-month operating period (from the opening date operating to the time of offer) are allowed to establish no more than five (05) branches in one (01) fiscal year.

5. Trade Bank terminated branch operations in the inner city of Hanoi, the inner city of Ho Chi Minh City was allowed to establish in provincial districts, the Central City's other Central City that corresponds to the number of branches that had already been established. terminated operation, in addition to the maximum number of branches allowed to be established in one (01) year of regulation at paragraph 4 This.

Go. Okay. 8. Go. Okay. Foreign branch, 100% bank. in Foreign:

In order to be established overseas, the bank is 100% offshore, the commercial bank must fully meet the following conditions:

1. The conditions specified at 1 Article 6 of this Notice (excluding points b, paragraph 1 Article 6).

2. There is a minimum operating time of three (03) years from the opening day operation to the time of the offer.

3. There are a total property of NT$ 100,000,000,000,000,000,000,000,000m} The total assets report to be audable at the time of December 31 of the preceding year adjacent to the year of recommendation.

4. Business activity has interest in the merger of the merged financial statements and the individual financial statements audits in three (03) years prior to the year of the offer.

Go. Okay. 9. Go. Okay. I'm going to have to sue the office. Don't n, single v Shit. S Well, It &apos; s in the country and the office is overseas.

In order to establish a representative office, career units in the country and representative offices abroad, the commercial bank must fully meet the following conditions:

1. There is a minimum operating time of 12 months from the opening day operation to the time of the offer.

2. Regulation conditions at the point, e, i paragraph 1 Article 6 This message.

3. For the establishment of the representative office, in addition to meeting the regulation conditions at 1, 2 This, the commercial bank must meet the stipulation conditions at point 1 Article 6 of this Information.

What? 10. The conditions of establishing a trading room

To be established a trading room, the commercial bank must fully meet the following conditions:

1. Full meet the conditions under the provisions at paragraph 1 Article 6 of this Information.

2. The branch expects the transaction room to meet the conditions:

a) There is a minimum operating time of 12 months from the opening day operation to the time of the offer;

b) There is a bad debt ratio compared to the total debt at the time of 31 December last year prior to the year the offer does not exceed 3% or another rate according to the decision of Governor of the State Bank in each period;

c) Not to be punished for administrative violation in the field of currency and banking with a form of fines in the 12-month return period of advance from the time of the offer.

3. Meet the terms of the number of transactions established by regulation at Article 11 of this.

What? 11. The number of trading rooms established

1. The number of trading offices of the commercial bank in the inner city of Hanoi, Ho Chi Minh City's inner city is no greater than just two (2) times the number of existing branches of the commercial bank in each of these areas.

2. The number of commercial banks trading in the suburbs of the city of Hanoi, the suburb of Ho Chi Minh City and the provinces, the other Central City is no larger than the third (03) times the current number of branches of the bank. Trade in each of these areas.

3. The number of trading rooms is managed by a branch led by the commercial bank in accordance with the management capacity of each branch and the regulations at paragraph 1, 2 This.

What? 12. The filing recommended qualifying for the establishment of the branch, the trading room in the country; approx the representative office, the report. Uh ... Career positions in the country; branch, representative office, bank of 100% of foreign capital.

1. The commercial bank ' s text offer the State Bank approx eligible for the establishment of branch, trading room in the country; approval to establish representative office, career units in the country; branch, representative office, bank, bank, and bank. 100% of the foreign capital (according to the Appendix 01).

2. The resolution of the Board of Directors or Member Council on the establishment of the branch, the trading room, the representative office, the career unit in the country; the branch, the representative office abroad. In that, for the establishment of a trading room, the Board of Directors or Member Council must specify the name, location of the headquarters, the branch expected to manage the transaction room, the transaction room business will perform, the scope of operation on the transaction. the main customer and the main customer object.

3. The resolution of the Grand Council of the East (for the equity trade bank); Member Council resolution (for the commercial bank liability of two or more members); the approval of the owner (for the commercial bank). It is limited to one member) through the establishment of a bank of 100% of its foreign capital.

4. The project to establish each branch in the country, which must have a minimum of the following content:

a) The full name in Vietnamese; the abbreviation in Vietnamese; address; active content; main customer object;

b) The reason for the establishment and reason of the establishment of the table;

c) The organizational structure: The organizational scheme consists of the departments of the branch;

d) feasibility study: Business environment analysis, target market of business opportunities that need to capture and plan to dominate the market;

The business method is expected in the first three (03) years, of which the minimum includes: envisage the balance sheet; report of business results; the base of construction of the methodology and the theory of the ability to implement the method in each year.

5. The project to establish a branch abroad, a bank of 100% of foreign capital, of which there must be a minimum of the following content:

a) The full name in Vietnamese and in foreign language, the abbreviation in Vietnamese and in foreign language (if any);

b) The location (national name and specific address (if available));

c) The level of capitalization for overseas branches, banks of 100% abroad;

d) Active content; the operational deadline; main customer object;

The reason for the establishment and reason of the choice of water is established;

e) organizational structure and network network: The organizational scheme consists of headquarters, departments at headquarters; other commercial presence of the bank 100% of the foreign capital (if any);

g) Legal information is relevant: List of relevant regulations of the country in terms of allowing foreign credit organizations to establish and operate branches, a bank of 100% of which is in the country (name, number of titles, dates of the text);

h) feasibility studies: Business environment analysis, target market, business opportunities that need to capture and plan to dominate the market;

i) The control method of commercial banking on foreign branches, a bank of 100% of foreign capital, which needs to explicitly state the following content: the method (outsourcing or self-implementation) and the method of choice of modal; the real organization. show of the method; the cost of estimating the implementation of the method; expected difficulties and solutions;

) The business plan is expected in the first three years, of which the minimum includes: envisage the balance sheet expected; report of business results; reports of currency transfer (for a bank of 100% in foreign capital); the base of construction and theory of possibility. The ability to do it in every year;

l) The impact and expected effect of the establishment of overseas branches, banks of 100% of foreign capital, issues (if any) of the safety assurance of operation on commercial banks and solutions; minimum capital safety rates and other contributing factors. bought, shares after the establishment of a bank of 100% in foreign capital;

m) The method and treatment of commercial banks in the case of overseas affiliates, a bank of 100% of foreign capital have serious effects on commercial banks.

6. Other texts demonstrate the response to branch conditions, trading rooms, representative offices, career units in the country; branch, representative office, bank of 100% of the foreign capital in accordance with this Information.

What? 13. The approval sequence is eligible to form a branch, the trading room in the country; approval to establish a representative office, a career unit in the country; branch, representative office, bank of 100% of foreign capital.

1. Except for the prescribed cases at 3 Article 4 This Information, the State Bank considers, approx that the commercial bank is eligible to establish a branch, the trading room in the country; approval for the commercial bank to establish its own office. representing, the career unit in the country; the branch, the representative office, the bank is 100% foreign capital once in a fiscal year. The Commercial Bank sets up the prescribed record at Article 12 of this Information sent to the State Bank (Agency for inspection, oversight of the bank).

2. In the 10-day period of work since the full date of receiving sufficient records in accordance with Article 12 of this, the Inspector Agency, which oversees the bank has the text to submit the following units:

a) The Bank of State Bank branch where the commercial bank set up its headquarters with an opinion of a review of the commercial bank that meets regulatory conditions at this Smart;

b) The Provincial People's Committee, the Central City of the Central Committee, has an opinion to evaluate the need for additional branches on the site (in case of an offer to open branches in the country);

c) The State Bank branch of the branch of the commercial bank is expected to establish a branch in the country, the trading room has an opinion assessment of the need for additional branches, trading rooms on the site and the meeting of the conditions under the provisions of the Private Information. This is for the branch that expects the management of the trading room on the site (in case of an offer to establish a trading room).

3. In the 14-day period of work since the date of receiving the text of the Ombudgery Agency, overseeing the bank, the State Bank branch where the commercial bank set its headquarters, the Provincial People ' s Committee, the Central City and State Bank. branch where commercial banks are expected to establish branches in the country, the trading room has the opinion of participating in the written content of the proposed content.

4. In the 20-day period since the date received full participation in the participants of the units, the Ombudgeting Agency, the bank oversight aggregable bank, assessment of the commercial bank, the branch management branch (for the recommendation of the establishment of the trading room) response to regulatory conditions at this Smart, the governor has an approved text or does not approve the commercial bank eligible to form a branch, the trading room in the country; approx or not approve of the bank. trade established a representative office, career unit in the country; branch, representative office, bank of 100% of foreign capital; and other countries. the case does not approve, the text to the commercial bank explicitly states the reason.

5. In the 12-month period from the day the Governor of the Bank of State of the State of the State signed it at 4 This, the commercial bank has to open branch operations, trading rooms, representative offices, career units in the country have been approved successfully. Set up In the 24-month period from the day the Governor of the Bank of the State of the State of the State of the State of the Republic states at 4 Article, the commercial bank must open branch operations, the representative office, the bank of 100% of the foreign capital that has been established. Beyond this, the State Bank's approval document expires.

Chapter III

OPEN OPERATIONS, NAME CHANGE, BRANCH LOCATION,

THE TRADING ROOM, THE REPRESENTATIVE OFFICE, THE CAREER UNIT IN THE COUNTRY;

THE BRANCH, THE REPRESENTATIVE OFFICE, BANKS 100% FOREIGN CAPITAL;

CHANGE THE BRANCH MANAGEMENT BRANCH OF THE COMMERCIAL BANK

What? 14. Accept of eligible for opening branch operations in the country, trading room

1. Conditions

a) Have the right to own or use a branch-based legal, trading room; the headquarters must ensure the storage of the word (except for the trading room), convenient and safe for the transaction, the property, which is full of systems that guarantee security, protection, power systems, communications, etc. Continuous maintenance, room request response, fire fire;

b) The branch office has a deposit of funds that guarantee safety according to the regulatory standards of the State Bank. The case of a commercial bank has more than one branch across the same province, the Central city of Central, the commercial bank must have a minimum of a branch with the state Bank ' s provisions and must be responsible for the transfer of money. the branch does not have the money vault on the branch with the money vault after the end of trading hours per day of work;

c) The branch, the trading room with an online connection information technology system with its headquarters and online connection room with the management branch; ensure that the information technology system, the ongoing operational database, is secure, secure, and security. active duty;

d) The branch, the transaction room with full personnel of the minimum executive order of the Director of the Branch, Deputy Director, Chief of the Exchange or equivalent title and team of business personnel;

e) The branch manager or equivalent titles (for the opening of branch operations) meet the standards, conditional on the provisions at paragraph 5 Article 50 of the credit organizations.

2. File

a) The text of the commercial bank offers approval to be eligible for the opening of branch operations, the trading room; in which the report is clear to meet the operational opening conditions of the branch, the trading room. The location specified the location of the branch headquarters, the trading room;

b) The identification proves the possession or use of the legal branch of the transaction branch;

c) The papers relating to the person of the Branch Director or the equivalent titles, including: the decision to appoint the title of Branch Manager; primary background; judicial reasons; text, certificate of professional degree certificate; comment by comment The text of the unit operates in the field of financial banking where the Branch Director once worked (if any), the comment states the name of the contact address, the name and signature of the recipient.

3. Presentation

a) A minimum of 30 days before the opening of the branch operation, the trading room, the commercial bank setting up 1 set of rules at paragraph 2, which specifies the date of the planned opening of the operation, sending the State Bank branch of the place. Branch offices, trading rooms;

b) In the 7-day period of work since the date received full of prescribed records at this Smart, the State Bank branch of the branch of the branch office, the trading room conducted the appraisal, assessing the response to the opening conditions of the operation. The branch, the trading room and having the written consent or does not approve of the commercial bank are eligible to open branch operations, the trading room; the unapproved case, the commercial bank deposit must specify a reason.

4. After receiving the approved document eligible for the opening of branch operations, the Exchange of the Branch State Bank, the commercial bank makes the registration of branch operations (for the branch) or the announcement of the business location. business (for the trading room) and register by the rule of law on the business registration and the existing law is relevant.

5. Commercial Bank conducts branch openings, trading rooms after having completed the business registration procedure in accordance with Article 4 of this.

What? 15. Opening of representative office activities, career units in the country; branch, representative office, bank of 100% of foreign capital,

1. The commercial bank decides the opening of representative office operations, the career unit in the country and has a document reporting the State Bank (through the Ombudgeting Agency, overseeing the bank), the State Bank of the State Branch where the office headquarters are located. representation, the career unit in the country at the end of 14 days of work before the opening day of operation.

2. The Commercial Bank conducts its opening of branch operations, representative office, bank of 100% of foreign capital under the regulation of foreign law; there is a document reporting the State Bank (through the Inspectoring Agency, bank oversight) at the rate of 14 years. the day before the opening day of operation.

What? 16. Change the branch name in the country, the trading room

1. Change branch name

a) Profile

(i) The text of the commercial bank offers approval to change the name of the branch, which states the reason, the name is expected to change;

(ii) the resolution of the Board of Directors or Member Council through the changing of the branch name.

b)

(i) Commercial banks set up 1 set of records at paragraph 1 This Article sends the State Bank branch of the branch of the branch where branch headquarters;

(ii) In the 5-day period of work since the date received full of prescribed records at this Smart, the Bank of the State Bank has an approved text or does not approve the commercial bank ' s offer; the case does not approve, the text sent. The commercial bank is clear why.

2. Change the trading room name

The commercial bank decided to change the name of the trading room; it was reported that the State Bank of the State of the State Branch was located on the site of the exchange for this change in the 5-day period of work since the day the trading room functioned under the new name.

What? 17. Change location location in branch in the country, the trading room

1. The commercial bank is only changed to the site of the trading branch headquarters within the provincial capital, the Central City.

2. Commercial banks are not allowed to change branch locations, trading from the suburban area into Hanoi or the suburban area into Ho Chi Minh City to the inner city of Hanoi or the inner city of Ho Chi Minh City. Come on.

3. Commercial banks change the location of branch headquarters, the trading room must meet:

a) On the condition: The conditions stipulate at the point a, b, c 1 Article 14 This message.

b) On file:

(i) The text of the commercial bank offers approval to change the location of the branch headquarters, the trading room; in which the report is clear to meet the stipulation conditions at this point. The location specifically states the headquarters of the trading room branch;

(ii) The paper proves the possession or use of a legal branch office headquarters.

4. Presentation:

a) Bank of Commerce Bank sets 1 sets of records in paragraph 3 This article sends the State Bank branch of the branch where branch offices are located, the trading room;

b) In the 10-day period of work since the date received full of prescribed records at this Smart, the State Bank branch of the branch of the branch of the branch office conducted the transaction branch of the planned location of the trading room and is headquartered in the United States. The commercial bank is either approved or does not approve of changing the location of the branch headquarters, the trading room; the case does not approve, the commercial bank deposit document specifies the reason.

5. In the 12-month period since the Bank of the State Bank has an approved text, the branch, the trading department of the commercial bank must go into operation according to the approved site. Over this deadline, the approved text of the Bank of the State Bank is of full effect.

What? 18. Change the name, location of the representative office headquarters, the career unit in the country; branch, representative office, bank of 100% of the capital abroad.

The commercial bank decided to change the name, the location of its representative office headquarters, the career unit in the country; branch, representative office, bank of 100% of the foreign capital; there was a document reporting the State Bank (Agency for Inspects, Supervisor). bank), the State Bank branch where the main headquarters of the commercial bank and the State Bank branch out of the representative office, the career unit in the country (for the name change name, the site of its representative office headquarters, the unit). The career in the country) about this change in the 5-day period of work since the date of branch, representative office, career unit in the country. in the country; branch, representative office, bank of 100% of foreign capital operating under the name, site of new headquarters.

In case of changing the location of the representative office, the career unit in the other country of the province, the central city of the Central City, the commercial bank is responsible for reporting the State Bank branch of the branch office, which is headquartered in the office. The previous career and the office of the office of representative office, the new career unit.

What? 19. Change of branch name, trading room, representative office, career unit in the country; branch, representative office, bank of 100% of foreign capital in the case of reorganization of commercial banking, trade and business.

The changing of the branch name, the trading room, the representative office, the career unit in the country; branch, representative office, bank of 100% of the foreign capital in the case of reorganization of the commercial bank made in accordance with the Bank of State Bank guidance. It &apos; s about reorganization of credit.

What? 20. Change the management room management branch

1. Conditions

The expected branch receivship management of the transaction room must fully meet the conditions under the provisions of this 2 Article 10.

2. File

a) The text of the commercial bank offers to change the branch of the transaction room management branch, including the minimum of following content:

(i) Reason for change;

(ii) Name, location of the managing branch headquarters and the branch will take over the management of the transaction room;

(iii) Name, the location of the transaction office headquarters offer to change the management branch.

b) The resolution of the Board of Directors or Council of Members through the changes in the branch management branch.

3. Presentation

a) The Commercial Bank sets up 1 set of filings in accordance with this Information to the Bank of the State Branch where branch headquarters are located;

b) In the 14-day period of work since the date received full of prescribed records at this Smart, the State Bank branch of the branch state where the branch headquarters has an approved text or does not approve the commercial bank ' s offer; the case does not approve. Yes, the commercial bank text is clear.

What? 21. Annuation of Information About Change Content

In the 7-day period of work since the date of receiving approved text of the State Bank allows the commercial bank to make changes in accordance with regulations at Articles 16, 17, 20 and since the date of implementation changes by regulation at Articles 18, 19. This quarter, the commercial bank must perform a change of content on the electronic information page, at the headquarters, headquarters in the country, the relevant trading room of the commercial bank.

Chapter IV

END OF OPERATION, BRANCH DISSOLUTION, TRADING ROOM, REPRESENTATIVE OFFICE,

CAREER UNITS IN THE COUNTRY; BRANCH, REPRESENTATIVE OFFICE,

THE BANK IS 100% FOREIGN CAPITAL OF THE COMMERCIAL BANK

Go. Okay. 22. Ch All End of operation, branch dissolution, room d Shit. Ch, the representative office, the career unit in the country; branch, representative office, bank of 100% of the foreign capital of the commercial bank.

1. The branch, the trading room, the representative office, the career unit in the country ending the operation, dissolved in the following cases:

a) of course to end the operation, the dissolution;

b) voluntarily terminate operation, dissolution;

c) The mandatory termination of operation, dissolution.

2. Branch, representative office, bank of 100% of the foreign capital of the commercial bank terminated operations, dissolved by the rule of the country's law at its headquarters, representative office, bank of 100% of foreign capital. The branch, the foreign representative office of the country, ended up operating, dissolved in case the commercial bank terminated operations.

3. Commercial Bank is responsible:

a) Asset settlement, rights, obligations and associated interests of the branch, trading room, representative office, career units in the country; branch, representative office, bank of 100% of foreign capital ending operation, dissolution;

b) Save the evidence, documents related to termination of operation, branch dissolution, trading room, representative office, career units in the country; branch, representative office, bank of 100% of foreign capital;

c) Implemucing of operational termination, branch dissolution, trading room, representative office, career units in the country; branch, representative office, bank of 100% of foreign capital by law.

What? 23. Of course the termination of operation, branch dissolution, trading room, representative office, career units in the country; branch, representative office in foreign countries, offices and offices.

1. Branch, trading room, representative office, career unit in the country; branch, foreign representative office of the world ending operations, dissolved in case of commercial bank termination, dissolved.

2. The procedure is of course to end operations, branch dissolution, trading room, representative office, career units in the country; branch, foreign representative office implemented under the rule of law on termination of operation, dissolution of the bank. trade.

What? 24. voluntarily end of branch operations, trading rooms, representative offices, career units in the country and abroad.

1. The voluntary filing ends branch operation, the trading room in the country:

a) The text of the commercial bank offers to end branch operations, the trading room in which states the reason for the end of operation;

b) The resolution of the Board of Directors or Council Member of the Commercial Bank for the termination of branch operations, the trading room;

c) The method of solving the assets, rights, obligations and related interests of the branch, the trading room terminated operation.

2. The voluntary sequence ends the branch operation in the country:

a) Commercial Bank sets up a (01) prescribed set of records at paragraph 1 This Article sends the State Bank (Ombudbank, bank oversight);

b) During the 7-day period of work since the date received full of prescribed records at this Smart, the Ombudgetary Authority, which oversees the bank with the opinion of the opinion of the Bank of State, the branch of the branch of the branch expects to end the operation;

c) In the 14-day period of work since the date of receiving the text of the Ombudgery Agency, monitoring the bank, the State Bank branch of the branch state where the branch headquarters is expected to end commercial banking activities is aware of the written participation of the the recommended content;

d) In the 14-day period of work since the date of receiving the text of the State Bank branch where the branch headquarters is expected to end the operation, the Inspector Agency, bank oversight of the bank of opinion, proposes the Governor of the State Bank approx. or do not approve the commercial bank ' s offer; the case does not approve, the commercial bank deposit document states the reason.

3. The voluntary termination of the transaction room operation:

a) Bank of Commerce Bank sets 1 sets of records in paragraph 1 This Article sends the State Bank branch of the branch state where the trading office is located;

b) In the 14-day period of work since the date of receiving enough records by regulation at this Smart, the State Bank branch of the branch state where the transaction office has an approved text or does not approve the commercial bank ' s offer; the case does not approve. Yes, the commercial bank text is clear.

4. In the 45-day period since the accepted text of the State Bank ' s approval at point 2 This or of the State Bank branch of the Branch State Bank where the trading office is located at a point b 3 This, the commercial bank must be held. conduct legal procedures under the rule of law to end the operation of the branch, the trading room; there is a document reporting the State Bank (Agency for Inspects, Banking oversight-for termination of branch operations) and State Bank of the State of the State. The branch office, the trading room (for the end of the operation of the trading room) on the day of the termination of the operation.

5. For the voluntary termination of representative office activity, career units, during the 5-day period of work since the end of representative office activity, career units, commercial banks must have a written report of the State Bank (Basic Office). The Bank of the State, the Bank of State, branch of the Bank of Commerce, the headquarters of the commercial bank, the headquarters of the office of the office of representatives, of a career unit, which specifies the reason, the end of the operation.

What? 25. Mandatory termination of branch operations, trading rooms, representative offices, career units in the country, including:

1. The Governor of the State Bank has the authority to compel an end to branch operations, trading rooms, representative offices, career units in the country of the commercial bank.

2. The branch, the trading room, the representative office, the career unit in the country of the commercial bank may be forced to end the operation when one of the following cases occurs:

a) There is evidence to prove the establishment of a branch, a trading room, a representative office, a career unit with false information that leads to a misassessment of the assessment of the conditions of the establishment of a branch, the trading room, the representative office, the career unit of the commercial bank;

b) Active non-operational content is permitted under the rule of law.

3. The base of cases stipulated at the points a, b paragraph 2 This, the State Bank branch of the branch of the branch office, the trading room, the representative office, the career unit of the commercial bank whose text states the reason to send the State Bank (Basic). Inspector, bank oversight) recommended to end branch operations, trading rooms, representative offices, career units of commercial banks.

4. In a 14-day period of work since the date of receiving the text of the Branch State Bank by regulation at paragraph 3 This or during the inspection process, the monitoring detection of regulation cases at points a, b paragraph 2 This, the Agency. Inspector, bank supervisor of the Governor-General of the State Bank has a written request for commercial banks to end branch operations, trading rooms, representative offices, career units.

5. In the 90-day period since the day the State Bank has a prescribed text at paragraph 4 This, the commercial bank must complete the termination of branch operations, trading rooms, representative offices, career units; there is a written report of the Bank. The State of the State is ending the operation.

6. The case has a complaint to the State Bank ' s request for the mandatory termination of branch operations, trading rooms, representative offices, career units, commercial banks to carry out complaints of complaint under the existing law-existing law, according to the report. about the complaint.

What? 26. End of operation, branch dissolution, representative office, bank of 100% of foreign capital.

1. Commercial banks make termination of operation, dissolution of the representative office branch, bank of 100% of foreign capital under the provisions of the state law and the relevant regulations of Vietnamese law.

2. A minimum of 14 working days prior to the end of operation, branch dissolution, representative office, bank of 100% of foreign capital, commercial bank must have a document reporting the State Bank (through the Ombudgeting Agency, bank oversight), the Bank of China. The state branch houses the headquarters of the commercial bank, which specifies the reason and the time the termination of operation, the dissolution.

What? 27. Information published

During the 7-day period of work since the end of operation, the dissolution of the branch, the trading room, the representative office, the career unit in the country; branch, representative office, bank of 100% of foreign capital (except for the course of course to end). active, dissolved in accordance with Article 23 This April, the commercial bank must implement publication and publicly listed the termination of this dissolution on the electronic information site, at the headquarters, headquarters of the transaction management branch (for employment). The end of the trading room is the central and local commercial bank. Published content, minimum public listing includes:

1. Name, address of the branch, the trading room, the representative office, the career unit in the country; branch, representative office, bank of 100% of foreign capital terminated operations, dissolved.

2. End of activity, dissolution.

3. The commercial bank ' s responsibility for property, rights, obligations and related interests of the branch, trading room, career unit representative office in the country; branch, representative office, bank of 100% of foreign capital is terminated from the operation. All right, all right.

Chapter V.

THE ORGANIZATION.

Go. Okay. 28. The responsibility of the commercial bank

1. There are plans to develop branches, trading rooms, representative offices, career units in the country; branch, representative office, bank of 100% of foreign capital that have jurisdiction over the bank through the year.

2. The slog periodically on January 31st and July 31 each year, reports the State Bank (Agency for Inspects, Banking monitoring) and the State Bank branch where the commercial bank sets up the headquarters of the content under Annex 2 issued by Ly. Hey.

3.Do the publication of the prescribed information at this level and point 4 Article 29 Rules of credit organizations.

4. Make the other content specified in this message.

What? 29. State Bank Responsibility i the branch where the commercial bank is headquartered.

1. Coordinate with the Branch State Bank is concerned with the handling of the issues that are related to the organization and branch operations, the trading room, the representative office, the career unit of the commercial bank.

2. Make other relevant content according to the regulation at this message.

What? 30. House Bank. Yeah. The branch of the commercial bank is based in branch offices, trading rooms, representative offices, career units.

1. Accountable to the Governor of the State Bank when carrying out the issues under the jurisdiction prescribed at this Notice.

2. Coordinate with the State Bank branch where the commercial bank set up its headquarters handling issues related to the organization, operating the trading department branch, the representative office, the career unit of the commercial bank on the site.

3. Manager, inspector, supervisor of the operation of the branch, the trading room, the career unit, the representative office of the commercial bank on the site.

4. There is a report written and proposed the Governor of the State Bank to end branch operations, trading rooms, representative offices, career units of the commercial bank when one of the cases is specified at 2 Article 25 of this.

5. Report the relevant relevant issues at this Smart.

What? 31. The responsibility of the Inspector Agency, bank oversight

1. As the lead review, the Governor on the establishment, termination of operation, branch dissolution, trading room, representative office, career units in the country; branch, representative office, bank of 100% foreign capital of the commercial bank. according to the regulations on this message.

2. As the head of a review, the governor handles the issues arise concerning the establishment, termination of operation, branch dissolution, trading room, representative office, career units in the country; branch, representative office, bank of 100% of capital. in the foreign bank of the commercial bank.

3. The total report of the units by regulation at this level.

What? 32. The responsibility of the Cases, the Bureau is relevant in the State Bank

Cases, the other Bureau in the State Bank is responsible for participating in the opinion on the issue concerning the issue of the Governor of the State Bank on a proposed basis of the Ombudgate Agency, overseeing the bank.

Chapter VI

EXECUTION CLAUSE

What? 33.

1. For the 24-month term from this date of this private day it takes effect, the commercial bank must sweep, build and implement the completion of the transaction-making adjustment, the savings fund, the trading point as follows:

a) The trade bank transformed the transaction into branch-based branch trading in accordance with the name change in Article 16; conversion of the savings fund, the trading point into a trading room on the basis of meeting the conditions, records, procedures for the city membership. This is the regulation of a prescribed transaction in this private, except for the stipulation of Article 10; of Articles 1, 2 Articles 11, and paragraph 1 Article 13 of this.

b) The commercial banking case does not transfer the transaction, the savings fund, the prescribed transaction point at this point, the commercial bank terminated the operation of the transaction, the savings fund, the trading point; the prescribed execution profile at the site. This is a 24-fourth article; the sequence is in accordance with the provisions of this 2 Article 24 (for the termination of transaction activity) and paragraph 3 Article 24 (for the termination of the savings fund operation, the trading point).

c) The Commercial Bank must ensure the transfer of the transaction department, the savings fund, the non-disturbing transaction point, which guarantees the legal rights and rights of the organization, the individual involved.

2. Commercial banks have had the number of branches exceeding the maximum number of branches under regulation at paragraph 2 Article 7 This message does not have to adjust the number of branches according to the regulation at this Smart.

3. Commercial banks have had the number of trading rooms exceeding the maximum number of transactions in accordance with the 1, 2 Articles 11 This Information does not have to adjust the number of transactions in accordance with regulations at this Smart.

What? 34. Effect Execs

This investment has been in effect since October 23, 2013, replacing the number decision. 13 /2008/QĐNNN April 29, 2008, Governor of the Bank of the State of the State of the State of the State of the State of the State of the State of the State of the State of the

What? 35. Do

Chief of Staff, Chief Inspector, bank supervisor, Chief of the relevant units of the State Bank of Vietnam, Director of the State Bank of the State Branch of the Provinces, the Central City of Central and Chairman of the Board, Chairman of the Council. member, the Director-General (Director) of commercial banks is responsible for this information ./.

KT. GOVERNOR.
Vice Governor.

(signed)

Deng Xiaoping.