Circular 07/2013/tt-Nhnn: Regulation To Control Especially For Credit Institutions

Original Language Title: Thông tư 07/2013/TT-NHNN: Quy định kiểm soát đặc biệt đối với tổ chức tín dụng

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THE STATE BANK OF VIETNAM
Number: 07 /2013/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 14, 2013

IT ' S SMART

Regulation of special control over credit organization

____________________

Vietnamese State Bank Law Base 46/20 1 0/QH12 June 16, 2010;

The Code of Credit: 47 /2010/QH12 June 16, 2018 2010;

Social Cooperation Law Base 18 /2003/QH11 November 26, 2003;

The National Enterprise Law Base 60 /2005/QH11 November 29, 2005;

Base of Protocol 96 /2008/NĐ-CP August 26, 2008 by the Government Regulation, the mandate, the powers and the organizational structure of the State Bank of Vietnam;

On the recommendation of the Chief Inspector, the bank oversight;

The Governor of the State Bank of Vietnam issued a y We ' re going to have special control over the credit organization. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This provision provides special control over the established credit organization and operates under the Law of Credit organizations.

What? 2. Subject applies

1. Credit organization.

2. The organization, the individual is involved in special control over the credit organization.

What? 3. Explain words

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

1. The special control is that a credit organization is placed under the direct control of the State Bank of Vietnam (later known as the State Bank) due to the risk of loss of the ability to pay, loss of payment or serious breach of the law that leads to it. It's the risk of losing an active safety.

2. The special control deadline is a period of time since the State Bank has decided to place a credit organization into a particular state of control until it is decided to end special control over that credit organization.

3. The representative of the credit organization is the cadaver of the credit organization, the cadre of the Vietnam Money Insurance, the State Bank was designated by the Governor of the State Bank on behalf of the credit organization to handle the work involved in special control over the government. The credit organization in the event of a credit organization with a disability has the authority to take over this issue.

Chapter II

GENERAL REGULATION

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SPECIAL CONTROL

What? 4. Special Control forms

1. Based on the financial entity, the level of risk and violation of the credit organization 's law, the State Bank considers, the decision to place the credit organization into a special control status in the form of special oversight or comprehensive control of the state' s regulated. at paragraph 2, paragraph 3 of this.

2. Special monitoring is the form of special control made through the State Bank which applies the day-to-day operational monitoring of the credit organization.

3. Comprehensive control is the form of special control made through the Bank of State that applies direct control measures, the full daily operation of the credit organization.

What? 5. State Bank ' s jurisdiction in special control

1. The Bank of State Bank ' s inspection, inspection and oversight of the State Bank and on the recommendation of the Ombudgery Authority, oversees the bank, the State Bank of the Provincial Branch, the Central City of the Central City where the credit organization is headquartered (State Bank of the Branch State). or Special Control Board, Governor of the State Bank with authority:

a) The decision to put a credit organization into a special state of control;

b) The decision of the deadline, the deadline extension, end of special control and special monitoring content, comprehensive control content; and more.

c) The decision to establish a Special Control Board; send, set up the staff to participate in the Special Control Board; recommend the agency, the organization with the relevant staff to join the Special Control Board;

d) Specifies the representative of the prescribed credit at paragraph 3 Article 3 of this message;

The problem of the Special Control Committee is recommended at the end of Article 148 of the Law of Credit:

e) The claim to the owner of the controlled credit organization specifically deploes the regulatory capital increase to ensure the real value of the charter capital is not less than the legal capital level, ensuring the safety rates operate under the regulation of the law in a limited term. is specifically identified; or requires the owner of the specially controlled credit organization to build, the State Bank approx, which imples a restructuring plan or obligate merger, merge, acquisition with other credit organizations in the case of a single, or otherwise. a special controlled credit organization is not likely or is unable to perform an increase of regulatory capital at the request and in the deadline set. State Bank defines;

g) Directly implementing or specifies another credit organization that performs the contribution of capital, purchasing the shares of the special controlled credit organization in the event that this credit organization does not perform the request stated at the 1 e 1 point of this Article 1 or 1. when the State Bank determines the number of accumulated losses of the credit organization that has exceeded the real value of the charter capital and the reserve funds of the credit organization controlled specifically in the financial statements have been audits closest and the termination of its operations. The special controlled credit organization can cause the safety of the credit organization system under paragraph 3 Article 149 of the Law. - It ' s an evil organization.

h) The decision to publish special control information pursues to regulation at Article 7 of this Information;

2. The Governor of the Bank of State authorized the Director of the State Bank of the Branch State to decide on the issues of regulation at 1 Article (except for g) for the people's credit.

What? 6. Notice of special control decision

Special control decisions are reported to:

1. The Board of Directors or Board of members of the credit organization is controlled specifically;

2. The Governor of the State Bank in the event of a controlled credit organization is especially the people ' s credit fund;

3. Bank of the State Branch;

4. Vietnam Money Insurance.

5. The bank cooperated in the event of a controlled credit organization that was specifically the trust fund;

6. The Ministry of Finance in the case of special controlled credit organization is the listed company, the specially controlled credit organization that has a subsidiary or operational control company operating in the field of securities, insurance; and security.

7. the provincial population where the credit organization is based; sleep. y By the people of the people, the district (for the people's credit);

8. Other agencies and organizations are concerned by the Governor of the State Bank.

What? 7. Special Control Information

1. Information about the special control over the credit organization published includes information on the consolidation measures, the specially controlled credit organization that has been granted approved authorship authority and other necessary information.

2. The information about special control over the credit organization is published through one or some of the following forms:

a) Posted in the Central or Local paper where the organization ' s headquarters are at least 03 consecutive numbers;

b) Press conference.

c) Post information on the website of the special controlled credit organization or of the State Bank;

d) Announced at the Grand Council.

3. The Governor of the State Bank decides the timing, content, and form of information published information about special control over the credit organization in each particular case in order to facilitate the deployment of solutions that handle poor weaknesses. of the special controlled credit organization, except for the case of a controlled credit organization, in particular, the human credit fund headed by the Director of the State Bank of the State.

What? 8. Organizational Consolidation and Operations

1. The organizational consolidation and operation of the special controlled credit organization (the so-called Variation) is specially controlled by the Board of Directors under the requirements of the Special Control Board.

2. The case for the Methodology of the Board of Specially Controlled Credit Organization does not meet the requirements of handling the difficulties, the weakness of the special controlled credit organization, the Governor of the Bank of State appointed the advisory body, Some other bank experts have built the Variation. A special controlled credit organization is responsible for paying the entire costs associated with the hiring of consulting, the expert in the construction of the Variation.

3. The method must include the following minimum content:

a) Name, address, website (if available) of the credit organization;

b) The name, address, telephone number of the Board Member (for the established credit organization, held in the form of the holding company), the Council of the Member (for the credit organization established, organized in the form of a company responsible). restrict), the Board member, the General Manager (Director) of the credit organization or the representative of the credit organization (if any);

c) Summary of the governance, financial and operational situation of the credit organization, in which the minimum must have the following content:

(i) Organizational structure, governance, executive and ownership of the credit organization;

(ii) The financial and operational status of the credit organization, which must specify the difficulties, the weak, the risk, the violation of the law (if any) and the cause.

d) The cause of the credit organization is placed under special control.

) The measures to resolve and plan to implement some or all of the following measures:

(i) Increase the ability to pay.

(ii) Mobiles external resources;

(iii) Cost savings;

(iv) Reinforce, rectify the weak. Go. , financial losses from equity sources;

(v) Selling property or the entire credit organization is specifically controlled for another credit organization, potential investors; mergers, merger with other credit organizations; and other credit-based companies.

(vi) Payment of the deposit of the customer; or transfer the entire deposit of the customer into one or several other credit organizations to pay and implement other necessary measures to process the debt, liquorate the asset, revoking the license to establish and operate. This credit organization follows the rule of law;

(vii) Advanced governance capacity, operating, control system, internal audits;

(viii) Trauma of business activities;

(ix) Other measures.

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SPECIAL CONTROL

What? 9. The Component of Special Control

1. The Governor of the State Bank determines the composition, quantity, and structure of the Special Control Board in accordance with the form of special control which is determined at Article 4 of this Information.

2. Members of the Special Control Board are the cadres of the State Bank, the Vietnam Money Insurance, the bank experts, the credit organization's cadres issued by the State Bank.

3. The Chief of Special Control must be one of the following subjects:

a) Senior cadres or equivalent titles are available at the State Bank specialist units;

b) The leader of the rank or equivalent of the equivalent of the Ombudman's office, oversees the bank;

c) The leader of the Bank of State Bank.

4. The staff of the Special Control Board is not the relevant member of the Board Member, Member of the Board Member, Board Member, General Manager (Director) and large shareholder of the specially controlled credit organization.

What? 10. The mission, the powers of the Special Control Board

1. Special Control has the following tasks:

a) Directed by the Board of Directors, Board of Directors, Board of Control, General Manager (Director), or representative of the credit organization under regulation at paragraph 3 Article 3 of this Information Building the Variation;

b) Directing, testing and monitoring the implementation of the implementation of special monitoring content, comprehensive control content and the solutions outlined in the approved Variation of the Variable;

c) Periodically or when necessary, report the Governor of the Bank of the State (via the Ombudgeting Agency, overseeing the bank) and the Director of the Bank of the State Bank on the governance, operation, financial organization of the credit organization specifically controlled; results, difficulty. A towel, entanged in the implementation of the method and proposals, petits for safeguarding the functioning of the functioning of the credit organization specially controlled and executed the correct method was approved;

d) Test, monitor and control activities, financial situation, governance, personnel, technology of controlled credit organization;

) In a timely report with the Governor of the State Bank, the Director of the State Bank of the State Branch of the unusual, potential risks, the risk of loss of safety and violation of the credit organization ' s laws upon detection;

e) Directing, monitoring of the credit organization is controlled especially in the regulatory capital increase; construction and implementation of a restructuring or merger plan, merge, repurchase at the request of the State Bank by regulation at paragraph 2 Article 149 of the Law of Organisations. This information and point of one Article 5 of this.

g) Construction, the Governor of the State Bank (through the Ombudgeting Agency, oversees the bank) approx the State Bank project directly or designated another credit organization that performs the capital, purchasing the shares of the privileged credit organization. According to Article 149 of the Law of Credit organizations and point g 1 Article 5 of this message;

h) Providing relevant information about the credit organization is controlled especially when there is a written requirement of the state authority to be competent in accordance with the rule of law;

i) The proposal for Governor of the Bank of State decided the contents of the point and point g 1 Article 5 of this message;

l) Other mission by the Governor of the Bank of State.

2. Special controls have the following powers:

a) The powers stipulate in paragraph 2 Articles 148 Law organizations ()

b) A special controlled credit organization requires a full inventory of existing assets or to rent an independent audit organization, the professional body to evaluate the financial entity, valuation of assets and determine the corporate value of the credit organization to be controlled. Special control and oversight of these requirements;

c) Requiring a credit organization to be controlled specifically invited or directly invited the creditors, the crediteholder to the debunking payment to the credit organization is specifically controlled to determine the ability to collect debt, pay the debt and oversee the implementation;

d) Requesting units, fishes. n the pleasure organization of supply and process, full report, timely, accurate information, documentation, related records;

The filing of a proposal for state agencies to deal with the subject of a violation of the law or intentionally does not pay the debt to the credit organization;

e) Approval before the credit organization:

(i) Distribution of profits;

(ii) The transactions stated at the Special Control Decision;

(iii) The change in accounting policy, financial product policy, customer policy; and the policy.

(iv) Transactions, other behaviors aimed at prevention, prevention, evacuation, mortgage, mortgage transfer, property transfer potentially damages the credit organization.

g) The State Bank offer determines the problems that arise during the special control deadline not yet raised in the Variation;

h) Use the seal of the State Bank in the course of the execution of the tasks delivered;

i) Other powers follow the laws of law.

What? 11. The responsibility of the Chief of Special Control

1. Leadership, the organization implementing tasks, the powers of the Special Control Board are regulated at this Article 10.

2. Task assignments for Special Control Board members.

3. It is responsible for the executive order of Special Control and Management, which monitors the implementation of the mission of Special Control Board members.

What? 12. The responsibility of Special Control Board members

1. Execute the mission under the Chief of Special Control.

2. Detection, timely reporting for the Chief of Special Control of Extraordinary Matters, potential risks, risk of loss of active safety, violation of special controlled credit organization's laws, and the proposed trial.

3. Held accountable to the Chief of Special Control and before the law on the execution of the assignment.

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SPECIAL CONTROL DEADLINE, EXTENSION OF THE SPECIAL CONTROL DEADLINE AND THE TERMINATION OF SPECIAL CONTROL.

What? 13. Special Control Times

1. The special control deadline was specified by the Governor of the State Bank in the Special Control Decision.

2. The decision to renew the special control deadline, the decision to end special control over ... with Yes. d They are informed of the agencies and organizations that are regulated at Article 6 of this message.

What? 14. Renewal of special control deadline

1. The extension of the special control deadline applied to the specially controlled credit organization has the prospect of a normal functioning recovery or credit organization that needs more time to conduct merger procedures, merge acquisition in accordance with the rule of the credit card, the report said. The law. Credit organizations do not renew the special control deadline when the expiration of the special control deadline will have to end the special control.

2. The credit base of the credit organization, the slog of thirty (30) days before the expiration of the special control deadline, the Special Control Board must have a written offer of the Governor of the State Bank (through the Ombudjury, bank oversight) decision to renew the deadline. Special control over a credit organization is not a human credit or a trust fund. c The branch state bank decided to renew the deadline for special control over the people's credit.

3. Upon receiving the recommended text of the Special Control Board:

a) The Ombudman, which oversees the bank, took the opinion of the relevant federal units and the Governor of the Bank of the State for consideration, decided to renew the deadline for special control over the credit organization not to fund the people ahead of time. They ' re going to have special control.

b) The director of the Bank of the State Bank decided to renew the deadline for special control over the people's credit fund before the expiration of the special controls.

What? 15. End of Special Control

1. Credit organization is terminated in particular in accordance with the provisions of Article 152 of the Law of Credit organizations.

2. When the credit organization was terminated by the State Bank in particular due to not restoring the ability to pay, the State Bank sent the text to Tò. a The termination of the application of payment recovery measures and requiring that credit to be a requirement. a The decision to open the procedure is required to declare bankruptcy in accordance with the laws of bankruptcy.

3. The Special Control Board has a written proposal to the Governor of the State Bank (through the Ombudship, overseeing the bank) or the Director of the State Bank of the State Branch (for the people's credit fund) on the termination of special control over the credit organization. When the receiving text offers an end to special control of the Special Control Board:

a) The Ombudman, the bank supervisor, took the opinion of the relevant units, the president and the Governor of the Bank of the State for consideration, decided to end special control over the credit organization that was not the people's credit.

b) The Director of the Bank of the State Branch decided to end the special control over the people's credit.

4. The decision to end special control over the credit organization was notified to the agencies and organizations stipulated at Article 6 of the Information.

Chapter III

THE RESPONSIBILITY OF THE UNITS INVOLVED

What? 16. The responsibility of the Inspector Agency, bank oversight

1. The results of the results of management, inspection, surveillance, the Inspector Agency, overseeing the bank are responsible for the following:

a) Inspectors, supervising, detection and reporting of the Governor of the State Bank when a credit organization is at risk of losing their ability to pay, lose their ability to pay or breach the law that leads to the risk of losing operational safety.

b) The proposal with the Governor of the State Bank decided to take special control, form, content and a special control deadline for the credit organization not the people's credit fund;

c) The proposal for the Head of Ban and the members of the Special Control Board for the credit organization is not a human credit fund for the Governor of the State Bank to decide;

d) The State Bank petition branch funds the people's credit for special control.

2. The Chief of Staff to the Governor of the State Bank in directing the deployment of special controls on the credit organization.

3. Making the first clue to the proposed report, the credit organization 's petition is not the People' s Credit Fund, Vietnam Deposit Insurance, The Branch State Bank, The Special Control Board; take the opinion of the relevant units, the synthesis and the Bank of the Bank. The State of the United States decided that the issue of special control over the credit organization was not a public trust in the United States.

4. The active monitoring of the Special Control Board for the credit organization is not a civil credit fund.

5. Make the rules at the point a 3 Article 14 and point a 3 Article 15 of this message.

6. Taking responsibility for management and filing of records related to special control over credit organization is not a credit fund, he said. d It ' s a lot of people, according to the law.

What? 17. The responsibility of relevant units at the State Bank.

1. The functional base, the assigned task and the direction of the Governor of the State Bank, the relevant units at the State Bank are responsible for engaging in special control over the credit organization and engaging in opinion on the issues of the credit organization. is controlled especially at the request of the Ombudship Authority, which oversees the bank during the period of seven (07) days from the date of receiving the recommended text of the Ombudgetary Authority, overseeing the bank.

2. The Office of the State Bank is responsible for the implementation of a special control information published under the provisions of Article 7 of this Information.

What? 18. State Bank ' s Accountability Bank

1. To the credit organization not the people ' s credit fund:

a) Inspectors, supervising, detection and timely reporting of the Governor of the State Bank (through the Ombudship, overseeing the bank) when the credit organization is at risk of losing its ability to pay, loss of payment or serious breach of law leads to the risk. loss of safety;

b) The proposal with the Governor of the State Bank (through the Ombudgery Agency, overseeing the bank) handles problems related to special control, consolidation, corrects, restructuring, and renewing, ending the deadline for special control over the credit organization used by the government. Special controls on the recommendation of the credit organization, Special Control and Regulation at this Smart;

c) Take the staff to the Special Control Board at the request of the Governor of the State Bank;

d) In collaboration with the Ombudgowns, bank oversight, Special Control and State Administration agencies at the site where credit organization is controlled specifically placed the headquarters during special control of the credit organization.

2. For the people's credit:

a) Examination, detection and reporting of the Governor of the State Bank in time when the civil credit fund is at risk of one of the prescribed cases at 3 Article 146 Law of Credit organizations;

b) Dealing with issues related to special control, consolidation, corrects, restructuring, and extension, termination of special control deadline for the people 's credit fund on the recommendation of the People' s Credit Fund, Special Control and Regulation at the State Department of Information. Hey.

c) The decision to put the human credit fund on a special control status and to establish a Special Control Board for the fund of the people according to the regulations at this level;

d) Management and filing of records involve special control of the public credit fund under the rule of law; periodically monthly or when it is necessary to report the Governor Bank of the State Bank results, difficulty, entanged, proposed solution execution solutions. It ' s special to the people ' s credit.

In conjunction with local state management agencies where the human credit fund is headquartered to handle problems related to special control over the people's credit.

e) The implementation of the special controlled information is provided in accordance with Article 7 of the Information.

What? 19. The responsibility of the Insurance Insurance

For cases where credit organization is controlled specifically for deposit insurance, the Vietnam Money Insurance has a responsibility:

1. The officers participate in the Special Control Board at the request of the State Bank.

2. In a maximum of seven (07) days from the date received the Agency ' s recommended text. t He investigis, oversees the bank, the Bank of the State Branch, the Special Control Board, the Vietnam Money Insurance has a written opinion on issues related to special control over the credit organization.

What? 20. Credit organization

1. When there is a risk or already clinically lost the ability to pay, loss of payment capacity, Board of Directors (Member Council) or General Manager (Director) of the credit organization must report to the Governor of the State Bank (through the Ombudjury, oversight agency). bank) and the Director of the Bank of State Branch where the headquarters are located.

2. The Board of Directors (Member Council), the Board of Control, General Manager and staff of the controlled credit organization are particularly responsible:

a) Strictly acceptance of decisions, the direction of the State Bank. ()

b) The proposal, construction of the Variation of the Special Control Board, adopted and organized the implementation of the approved method.

c) Governance, control, and operating all activities and ensuring the safety of the property of the credit organization under the Charter, the rule of law unless the case is suspended, suspended administration, run, controlled by regulation at point b 2 Article 148 Credit organizations,

d) Accept the requirements and conduct of the Special Control Board in accordance with q It is at the point a, b, c, and the two Articles 148 Rules of Credit organizations.

Responsible for the accuracy of the information, documents, records provided to the Special Control Board.

Chapter IV

EXECUTION CLAUSE

What? 21.

1. This message has been enforced since the day. 27/4 /2013.

2. Digital 08 /2010/TT-NHNN March 22, 2010 by the Governor of the State Bank of Vietnam regulations on special control over the credit organization and the number decision. 92 /2001/QĐNNN June 08/02/2001 of the Governor of the State Bank of Vietnam on the issuing of the Special Control Regulation for the People's Credit Fund expires since this date is valid.

What? 22. Organization to execute

Chief of Staff, Chief Inspector, bank supervisor, Head of Units of the State Bank of Vietnam, Director of the State Bank of the State Branch of the Province, Central City, Chairman and Board members, General Manager of the Government of Vietnam. The money is sent to Vietnam, the President and members of the Board, the Board of the Board, the Head of the Board and the members of the Board, the Director General (Director) of the credit organization responsible for this practice. /.

KT. GOVERNOR.
Vice Governor.

(signed)

Deng Xiaoping.