Circular 10/2012/tt-Nhnn: After Processing Rules, Inspectors For The Supervision Of Credit Institutions, Branches Of Foreign Banks

Original Language Title: Thông tư 10/2012/TT-NHNN: Quy định xử lý sau thanh tra, giám sát đối với các tổ chức tín dụng, chi nhánh ngân hàng nước ngoài

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THE STATE BANK OF VIETNAM
Number: 10 /2012/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 16, 2012

IT ' S SMART

The procedure for processing after the inspector, oversight for credit organizations, foreign bank branches, foreign banks.

______________________

Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

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

The Code of Inspector Number. 56 /2010/QH12 November 15, 2010;

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;

Check out the Chief Inspector, oversee the bank.

The Governor of the State Bank of Vietnam (later known as the State Bank) issued a Notice of Handling Of Post-inspection, oversight for credit organizations, foreign bank affiliates, and other foreign banks.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information provides for post-inspection, monitoring of credit organizations, foreign bank branches operating in Vietnam.

2. The processing of post-inspection, monitoring for credit organizations and the branch of the foreign bank branch of the foreign bank regulations at this Smart includes the following content:

a) Processing the execution conclusion;

b) After the credit organizations, the foreign bank branch is subject to the administrative breach;

c) Processing in the monitoring operation for credit organization, foreign bank branch.

3. Special control over the credit organization, the recovery of the established and operational license to the credit organization, the foreign bank branch, the capital blockade and the assets of the foreign bank branch are carried out under the regulation of the Bank of China. State and other laws are related.

What? 2. Subject applies

This information applies to the following objects:

1. Credit Organization.

2. The foreign bank branch operates in Vietnam.

3. The organizations, individuals, are involved in the processing of post-inspection, oversight of the credit organization, the foreign bank branch.

What? 3. Explain words

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

1. The inspection object is the credit organizations, the foreign bank branch operating in Vietnam, which oversees the inspection.

2. The inspection agency, the supervising Agency, oversees the bank, the Inspector, oversees the Bank of the State Bank of the provincial branch, the Central City of the Central Committee.

3. The violation notice is the text of the State Bank on the violation of the law, operation, and safety regulations of the credit organization, the foreign bank branch.

4. In violation of the State Bank's text on the organization of credit, the foreign bank branch continues to violate law regulations on the organization, operation, and safety regulations after the State Bank's violations have been reported.

5. The real value of the charter capital or capital is granted as the value capital value of the credit organization or the allocated capital of the foreign bank branch (except) the profit left, the unallocated profit (unprocessed hole).

What? 4. The principle of processing after inspection, surveillance

1. Procsuring after the inspector, the supervisor must comply with the correct law, ensure accurate, timely, objective, honest and public.

2. All the required content of the Inspector ' s Office, which oversees the Article 2 of Article 1 of this Notice for credit organizations, the foreign bank branch must be implemented and remedied in accordance with the provisions of the law.

3. The handling of the following inspection, oversight aimed at ensuring safe, healthy growth, policy acceptance, monetary and banking laws of credit organizations, foreign bank branches, efficiency enhraising efficiency and state management performance in the country ' s most important and effective state of the country. the currency and the banking sector.

What? 5. The condition of mitigation, the situation is increased.

In the process of conducting post-inspection, surveillance on credit organizations, foreign bank branches, the following conditions are considered mild mitigation or increased conditions:

1. The condition of mitigation:

a) Prevented, alleviated the harm of the breach or voluntarily reported or voluntarily executed, remediation in the aftermath of the breach;

b) The cause of the violation due to technical error;

c) Violation due to objective factors is not due to the owner of the credit organization cadres, the foreign bank branch.

2. The situation is increasing:

a) breach of the system;

b) Violation of intentional;

c) Violation of the consequences and serious damage to matter, the prestige of the credit organization, the foreign bank branch;

d) Violation multiple times in the same content or resin in the same content;

) There is a hidden, hiding, deliberate, deliberate or incomplete execution; there is no measure, plans to end the cause of violation, rectify the consequences of the breach in accordance with the conclusions and the handling of the inspection, supervision of the Inspector.

What? 6. Form of processing and handling measures

1. Processing after the inspector, which oversees for credit organizations, the foreign bank branch is carried out in accordance with the following forms:

a) violation of the breach;

b) The warning for violation;

c) The execution of the administrative breach;

d) The decision to force the credit organizations, the foreign bank branch must implement one or some of the processing measures at paragraph 2, paragraph 3 This.

2. The State Bank applies one or a number of treatment measures to credit organizations, the foreign bank branch is as follows:

a) Limited or not considering allowing further expansion of new banking activities in the case:

(i) Not yet implemented, done not fully, not in time the content must be done in the specific time outlined at the inspection and decision of the Governor of the State Bank (if any);

(ii) Being punished for administrative violation;

(iii) Do not perform or violate the content that has been investigated by the Agency, which oversees the breach warning.

b) Do not consider opening branch, office representing and placing ATMs; do not consider requiring the establishment of subsidiaries, affiliated companies, or capital, to purchase shares in businesses in the event of a credit organization, foreign bank branch:

(i) Not yet made, do not fully implement the required mandatory requirements in the inspection and decision of the Governor of the State Bank (if any);

(ii) Being punished for administrative violation;

(iii) Do not perform or violate the content that has been investigated by the Agency, supervised by the police officer.

c) Limited, suspension, suspend the execution of one or a number of bank cases in the event of a credit organization, foreign bank branch:

(i) Do not implement the requirements outlined in the inspection and decision of the Governor of the State Bank (if any), the decision to punish the administrative breach;

(ii) No implementation or breach of the content has been reported by the Agency, supervised by the police.

d) The requirement must increase the charter capital or supplement that is granted to ensure the safety indicators in the banking operation when the value of the real capital or capital is granted by the credit organization, the foreign bank branch is lower than the specified legal capital. Vietnamese law.

Limiting credit growth in the event of a credit organization, foreign bank branch:

(i) The minimum capital safety rate is lower than the regulation rate at a point b 1 Article 130 Laws of continuous credit organizations from 6 months or more;

(ii) The bad debt ratio on total credit-level debt to customers at 10% or more is continuous within 3 months;

(iii) Violation of a credit limitation limit on a customer, the customer group from 2 times or more in the fiscal year;

(iv) Violation of the granting of credit to the unlicensed cases under the provisions of Article 126 Law of Credit organizations and restrictions on the prescribed credit in accordance with Article 127 Law of Credit Organizations;

(v) Limited violation and credit-level conditions for investment, stock business.

e) Apply the minimum capital safety rate higher than the general regulatory level in the event of a credit organization, the foreign bank branch:

(i) Violation of capital limits, purchasing shares in accordance with provisions at Article 129 Law of Credit organizations;

(ii) Violation of purchasing limits, investing in fixed assets serving directly to the operation of the credit organization, the foreign bank branch in accordance with provisions at Article 140 Law of Credit organizations.

g) must implement one or several independent audit services (operational audits, compliance audits) in the event of a credit organization, foreign bank branch:

(i) is required by the State Bank to implement one of the prescribed cases at paragraph 2 Article 4 Digital. 39 /2011/TT-NHNN December 15, 2011 of the State Bank provides for independent audit of the credit organization, the foreign bank branch;

(ii) There is a false behaviour accounting for accounting, accounting from accounting;

(iii) There is an open act of accounting in addition to the official accounting system of the credit organization, the foreign bank branch.

h) Suspend, suspend, suspend, dismiss, administrator, and administrator, who run a breach in the event of a credit organization, foreign bank branch:

(i) Violation of the provisions at Article 34 Law of Credit organizations, other provisions of the relevant law in the course of the exercise of the right and obligation to be delivered;

(ii) Violation of one of the prescribed cases at 1 Article 36 Of the credit organizations.

) Transfer a breach of the breach to an investigative body when there is a criminal sign; published on the media according to the rules of the law.

3. In addition to regulatory measures at paragraph 2 This, for the joint venture credit organization, the credit organization 100% foreign capital, the foreign bank branch, the Inspector Agency, the oversight will look at the State Bank ' s governor deciding on the job. announced, provide information to the foreign credit organization or the Central Bank of the country or the Inspector Agency, which oversees the country at the statutory rule.

Chapter II

HANDLING THE VIOLATION OF THE CREDIT ORGANIZATION, THE FOREIGN BANK BRANCH BEHIND THE INSPECTOR, REDUCE MURDER.

Item 1

PROCESSING INSPECTOR CONCLUSION

What? 7. Inspector concluded

The petition content is stated at the inspection conclusion that the inspector subject must perform, including:

1. Content must perform in a specific deadline.

2. Content does not have to be done in a particular term as recommendations on mechanisms, policies, organizations, activities, and risk management that the inspection object must study planned and implement implementation.

What? 8. Make an inspection conclusion

1. For the Inspector Agency, monitoring

a) In the 15-day period, since the date of the inspection of the inspection, the unit of the Inspector-General, the monitoring of the base at the nature, the degree of petition content at the conclusion of the inspection (if any) to offer the Chief Inspector, the bank oversight, the Director. The Bank of the State Branch, the Central City of the Central Committee:

(i) The Governor of the Bank of State decided to apply one or a number of regulatory measures at paragraph 2, paragraph 3 Article 6 This message;

(ii) The decision to recall or file a budget of the amount, the property where the violation of the breach was discovered through the inspector;

(ii) The request or petition of the State Administration of the State has the authority to apply remedied measures, fining the mechanism of law policy.

b) Watch, the inspector general of the inspector performs the petitions at the inspection conclusion in accordance with the specified deadline at Article 7 and secrex (i), the (ii) a 1 Article 1 Article (if any);

e) Based on the report of the inspection object on the solution, the deadline in the planning implementation of the petition content at the regulatory inspection conclusion at paragraph 2 Article 7 This information, the Inspector, oversees the oversight, examines the implementation of the object. A detective.

2. The inspector is responsible:

a) The full, timely and timely timing of the required content must be made in the specific deadline stated in the inspection of the inspector and the decision of the Governor of the State Bank, the decision to handle the Chief Inspector, overseeing the bank, the Director of the Bank. Bank of the state branch of the provincial branch, the central city of the Central Committee following the conclusion of the inspection of the deposit (i), the disclosure (ii) the point of paragraph 1 This Article (if any);

b) To the Inspector Authority, monitor the report on the solution, the deadline and the plan to implement the non-mandatory content must be done in the specific deadline stated in the inspection conclusion stipulated at paragraph 2 Article 7 of this.

3. In time of uncompleted requests at the point a paragraph 2 This, the inspector subject is applied to the measures stated at the point a, point b paragraph 2 Article 6 This message.

4. The case does not perform or perform incomplete, in time of the requirements set out at paragraph 2 This, the detective object will be subject to the administrative violation under the rule of law. If the object of the inspector is not executed by law, then the measures are imposed at point c, point 2 Article 6 of this message.

Item 2

AFTER THE CREDIT ORGANIZATION, THE FOREIGN BANK BRANCH IS FINED THE ADMINISTRATIVE VIOLATION OF THE GOVERNMENT.

What? 9. Administrative sanctiation

The credit organization, the foreign bank branch whose behavior violates the laws of state management in currency and banking activities will be subject to a legal violation under the rule of law.

What? 10. Processing after being treated for administrative violation

1. The inspection agency, supervised monitoring of the approval of the approval of the decision to punish the administrative breach of the credit organizations, the foreign bank branch.

2. The credit organization, the foreign bank branch that is sentenced to a full administrative violation, is in full time, in time, on time, and in the right stipulation at the decision to sanctiate the administrative breach of the inspection, supervision of the Inspector.

3. For the six-month period from the day of the execution of the administrative breach, the credit organization, the foreign bank branch, is subject to the measure stated at the point a paragraph 2 of this Article 6.

4. For a one-year term since the day of the execution of the administrative breach, the credit organization, the foreign bank branch, is subject to the measure at the point b 2 Article 6 This message.

5. The case of a credit organization, the foreign bank branch that is sanctipated against the administrative violation does not implement or fully implement the decision to punish the administrative breach, the Inspector Agency, the base monitoring of the property, the level of violation of Statistics. The State Bank of the State Bank requires the credit organization, the foreign bank branch must implement the measure stated at the point of paragraph 2 Article 6 This message or dismissal, no reappointment, no appointment to the equivalent or higher leadership level for the individual. The breach.

Section 3

PROCESSING IN SURVEILLANCE ACTIVITY ON CREDIT ORGANIZATION, FOREIGN BANK BRANCH, FOREIGN BANK BRANCH.

What? 11. Content processing in monitoring activity

1. In the course of the operation, the credit organization, the foreign bank branch must comply with the following law regulations:

a) About the organization, governance and executive of the credit organization, the foreign bank branch;

b) On mandatory reserves, statistical reporting, safety guarantee rates in the operation of credit organization, foreign bank branch;

c) In terms of capital raising, credit level, payment of payment services via account;

d) The implementation of the bank transaction is specified in the established and operational legislation or in the approved text of the State Bank;

Back to the room, anti-money laundering;

e) On foreign exchange management and derivative products;

g) In terms of shareholders, shares, stocks and capital contributions, buy shares;

h) Other business activities;

l) The implementation of other laws of law is relevant.

2. The case of a credit organization, the foreign bank branch that does not comply with the regulations at paragraph 1 This is not yet to the extent of the administrative breach, depending on the nature, the level of incompliance, the Inspector Agency, the monitoring will apply the treatment measures. the following:

a) violation of the breach;

b) A violation alert.

What? 12. Processing in surveillance activity

1. The inspection agency, supervised by monitoring of the acceptance of the violations of the violations, has been stated in violation of the breach, the breach warning of the credit organizations, the foreign bank branch.

2. The credit organization, the foreign bank branch that is subject to the prescribed treatment measures at paragraph 2 Article 11 This is responsible for full implementation, in time, correct law regulations for the required content have been stated in the information message. Commit or alert violation of the Inspector's Agency, surveillance.

3. In the fiscal year, the credit organization, the foreign bank branch being warned by a three-fold violation of the measure at point a, point b 2 Article 6 This message over the six-month period of the next fiscal year.

4. For credit organizations, the foreign bank branch that does not implement or continue to violate the content has been stated in the violation of the breach, the Inspector, which oversees one or several of the following measures:

a) the punishment of the administrative breach in accordance with the rule of law;

b) The organization of testing or inspection of a breach of the breach of the breach to issue a disciplinary action petition, or recommend the Governor of the State of the State of the State to restrict, suspend, or temporarily suspend the implementation of a transaction in relation to the breach;

c) The Governor of the Bank of the State applies one or a number of regulatory measures at paragraph 2, paragraph 3 Article 6 This message.

Chapter III

JURISDICTION OVER INSPECTION, SURVEILLANCE

What? 13. The responsibility of the relevant units of the State Bank.

Upon the discovery of violations during the organization and operation of the credit organization, the foreign bank branch, the relevant units of the State Bank are responsible for sending text to the Inspector's Agency, overseeing the bank request. Judging, judging by the rules of the law.

What? 14. Inspector of Chief Inspector, oversees the Bank of the Inspector of Inspector, overseeing the bank

1. Directed, inspect, monitor, and sum up the execution of the processing after the inspector, oversight of the credit organization, the foreign bank branch of the units in the Inspector 's Agency, bank supervision and inspection units, overseeing the bank of the bank' s banks. The Bank of the State Branch, the Central City of Central.

2. Ask for a credit organization, the foreign bank branch that provides information, documents, written reports, the solution of issues related to the breach of the breach, the remediation of the breach, the active concussion and the implementation of the treatment measures of the Agency. Inspector, check the bank.

3. Apply administrative violation sanctions, breach of violation, breach of violation of the credit organization, foreign bank branch with violation of violations.

4. The Governor of the State Bank decides to force the credit organization, the foreign bank branch must implement one or a number of regulatory measures in paragraph 2 of this Article 6.

What? 15. The Director of the Director, Chief Inspector, oversees the Provincial State Bank branch of the province, the Central City

1. The authority of the Chief Inspector, overseeing the Bank of the State Branch of the Province, the Central City of Central:

a) Command, examination, oversight of the execution of post-inspection, supervision for credit organization, foreign bank branch;

b) Request for credit organization, foreign bank branch, to provide information, documents, written reports, work on issues related to violation of the breach, breach of violation, active corrections, and implementation of the processing measures of the Agency. Inspector, monitor.

c) Apply administrative violation measures under jurisdiction, violation of violation, warning of violation of credit organization, foreign bank branch with violation of violations. For the human credit fund in addition to the above disposal measures, the Chief Inspector, overseeing the Provincial Bank of the State Branch, the Central City of the Central Committee of the Provincial Branch of the Provincial Branch, the Central City of China applies regulatory measures. I mean, it's about two of these things.

2. The jurisdiction of the Director of the Bank of State Branch of the Provincial Branch, the Central City of Central:

a) Apply the treatment measures to the human trust fund as specified at the point of paragraph 1 This Article;

b) petit the Governor of the Bank of the State (through the Inspector General, bank oversight) to the decision to force the credit organization, the foreign bank branch must implement one or some of the regulatory measures at paragraph 2, paragraph 3 Article 6 This message;

c) To the post-inspection results report, the monitoring of the credit organization, the foreign bank branch, the Inspector of the Bank, overseeing the bank.

Chapter IV

EXECUTION CLAUSE

What? 16.

It has been in effect since 30 May 2012.

What? 17. Organization to execute

Chief of the State Bank Office, Chief Inspector, bank supervisor, Head of State Bank units, Director of the Provincial Bank of the State Branch of the Province, Central City, Chairman of the Board, Chairman of the Board, Chairman of the Board of Directors. and the Director General (Director) of credit organizations, the foreign bank branch is responsible for this private practice.

KT. GOVERNOR.
Vice Governor.

(signed)

Deng Xiaoping.