The CIRCULAR regulates the licensing and organizations, activity of commercial banks, foreign bank branches, representative offices of foreign credit institutions, other foreign institutions have banking operations in South Streaks _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;
Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;
Pursuant to the law of business 60/2005/QH11 on November 29, 2005;
Pursuant to the law on investment of 59/2005/QH11 on November 29, 2005;
Pursuant to Decree No. 96/2008/ND-CP on August 26, 2008 Government's functions, tasks, powers and structure of the State Bank of Vietnam;
The State Bank of Vietnam (hereinafter the Bank) regulations on the licensing and the organisation, activity of commercial banks, foreign bank branches and representative offices of foreign credit institutions, other foreign institutions have banking operations in Vietnam as follows : chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope: this circular regulates the licensing and some content about the Organization, the activities of commercial banks, foreign bank branches and representative offices of foreign credit institutions, other foreign institutions have banking operations in Vietnam.
2. the applicable object includes: a commercial bank);
b) foreign bank branches;
c) representative offices of foreign credit institutions, other foreign institutions have banking operations in Vietnam (hereinafter referred to as the Office);
d) organizations and individuals related to the establishment, organization and operation of the commercial banks, foreign bank branches and representative offices.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. license include permits the establishment and operation of a commercial bank, license, foreign bank branch license offices by the State Bank. The text of the State Bank of editing, additional licenses are an integral parts of the license.
2. Commercial Bank is the kind the Bank made all banking activities and other business activities according to the provisions of the law on credit institutions, aiming to profit.
3. joint stock commercial bank is a commercial bank established, organized in the form of a joint stock company.
4.100% foreign-owned bank is a commercial bank established in Vietnam with 100% of the capital stock owned by foreign credit institutions; is the legal person have its head office in Vietnam, Vietnam. 100% foreign-owned banks are established, organized in the form of a limited liability company members have the owner is a foreign bank or a limited liability company, two members of which must be a foreign bank owning 50% of the Charter capital.
5. the joint venture Bank is a commercial bank established in Vietnam, with which Vietnam party (consisting of one or more Bank of Vietnam) and foreign Parties (including one or more foreign bank) on the basis of joint venture agreement; is the legal person have its head office in Vietnam, Vietnam. Venture Bank established, organized in the form of limited liability company two members but not more than 5 members, one Member and the person concerned not to be owned in excess of 50% of the Charter capital.
6. foreign bank branch is depend of foreign banks, does not have legal personality, to be sure Foreign Bank liable for all obligations, commitments of foreign bank branches in Vietnam.
7. A representative office is the dependence of foreign credit institutions, other foreign institutions have banking activities. A representative office is not done the business activities in Vietnam.
8. foreign credit institutions are credit institutions established in foreign countries according to the provisions of foreign law.
9. other foreign institutions have banking activities is the organization established in foreign countries according to the provisions of foreign law and business, often providing one or some of the following services: a) deposits;
b credit grade);
c) provides payment services through your account.
10. establishment of the shareholders is held, the individual owns at least a share of the released stock commercial bank at the time of establishment.
11. Shareholders as shareholders participated, established through and sign a Charter of organization and operation of the first joint stock commercial bank.
12. shareholder's General Assembly meeting is the first meeting included the founding shareholder and the other founding shareholders after the Bank approved the principle, through the Charter of organization and activity of commercial banks, shares, elect the titles of members of Management Board Member, Board of the first term and decide on other matters related to the establishment of joint stock commercial bank.
13. A member which is the Bank of Vietnam, foreign banks raising capital in the joint venture Bank; is a foreign credit institution which on 100% foreign-owned banks.
14. the founding members had participated, through and sign a Charter of organization and operation of the Bank's first venture, 100% foreign-owned banks.
15. The meeting of members, which is the first of the meeting included the founding members and members of other capital contribution after the Bank approved the principle, through the Charter organization and Bank operations, elected to the position of members Council members, members of the first term on the Control Board and decide other issues related to the established the joint venture Bank, the Bank of 100% foreign-owned limited liability company, two members.
16. The owner is the organization that owns the entire capital of commercial bank limited liability company is a member.
17. The Bank is foreign banks establish branch or branches in Vietnam.
18. the Preparatory Committee is a group of people led by the founders, the members had established, owner, choice of mother Bank, on behalf of the shareholders, members, which established, owner, parent Bank deploys the work related to the licensing proposal. Preparatory Committee must have a minimum of 12 members including 12 members is prefect.
19. The representative of the organization according to law is the Chairman of the Board, the Chairman of the Board of directors or General Manager (the Director) was defined in the Charter.
20. raw Water made for a foreign credit institutions, other foreign institutions have banking operations is the country where foreign credit institutions, other foreign institutions have banking activities was founded, is headquartered.
Chapter II PROVISIONS on LICENSING section 1 GENERAL PROVISIONS article 3. The Authority decided to grant and revoke the licence 1. State Bank Governor decided to license under the provisions of the law on credit institutions, this circular and the provisions of relevant laws.
2. The Governor of the State Bank of the decision to revoke the licence granted in the cases specified in article 28 of the law on credit institutions. Revocation of a licence made under the provisions of the State Bank.
Article 4. License 1. State Bank specifies the content of the Bank activities, other business activities of the commercial banks, foreign bank branches, the active content of the representative office in the license granted for each commercial bank, foreign bank branch, representative office in the form prescribed in annex 1 of this circular.
2. where a licence is lost, torn, burnt or otherwise destroyed, commercial banks, foreign bank branches, representative offices must have text stating the reason and sent by post or submitted directly at the Bank of the State Bank of proposal review copies from the original Windows license under the provisions of the law.
Within 10 days of receiving a written proposal, the State Bank issued back a copy from the original commercial bank, foreign bank branch, Representative Office.
3. Commercial Bank, foreign bank branch, Representative Office license under the provisions of article 27 of the law on credit institutions.
Article 5. The order and licensing procedures 1. The order and licensing procedures to establish and operate commercial banking license, foreign bank branches as follows: a the establishment Preparatory Committee) recommended a license under the provisions of article 13, 14, paragraph 1, 2, 3 article 15, paragraph 1, 2, 3, 4, 5, 6 article 16 , clause 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 article 17 this circular and sent by post or submitted in person at the State Bank.
Within a period of 60 days from the date of the proposed licensing records, the State Bank has send a text confirmation Preparatory Committee received full documents to review approved guidelines. Case profile suggested license is not sufficient, the State Bank has submitted documents requested additional Preparatory Committee records.
b) within a period of 90 days from the date the confirmation text has received the full documents, State Bank has accepted the principle of establishing a commercial bank, foreign bank branch. The case of disapproval, the State Bank have written reply Preparatory Committee, which stated the reason for disapproval.
c) within a period of 60 days from the date of receiving the written approval of principles established commercial bank, foreign bank branch, established the Preparatory Committee additional text as specified in clause 4 article 15, paragraph 7 article 16, paragraph 13 article 17 this circular and sent by post or submitted in person at the State Bank. So the above time limit, the Bank does not receive or get incomplete texts mentioned above, the principle of approval is no longer valid.

Within 2 days of receiving the full range of additional text, the State Bank of written confirmation about full text received. Within 30 days of receipt of the full range of additional texts, State Bank licensed to conduct under the rules. Case no license, the State Bank have written reply Preparatory Committee, which stated the reason no license.
2. The order of licensing procedures and established representative offices are as follows: a) foreign credit institutions, other foreign institutions have banking operations established recommended records licensed under the provisions of article 13, article 18 of this circular and sent by post or submitted in person at the State Bank.
Within 30 days of receiving the proposed licensing records, the State Bank has sent the text of foreign credit institutions, foreign institutions have banking operations validates got full valid records. Case records suggest that licensing is not fully valid, as a rule, the State Bank has sent the text of foreign credit institutions, other foreign institutions have banking operations require additions.
b) within a period of 60 days from the date of sending the confirmation text has received the full documents, State Bank licensed to conduct under the rules. Case no license, the State Bank have written answer foreign credit institutions, other foreign institutions have banking activities, which stated the reason no license.
Article 6. Licensing fees 1. Commercial banks, foreign bank branches, representative offices licensed to pay licensing fees at State Bank (transaction) within 15 days of being licensed.
2. The level of the fee as prescribed by the Ministry of finance about the fees and licensing fees.
Article 7. Business registration, with registration after being licensed, commercial bank, foreign bank branch must register the business; Representative Office must register under the provisions of the law.
Article 8. Opening works 1. Commercial banks, foreign bank branches, representative offices are licensed to conduct activities since the opening day activities.
2. To inaugurate the operation, commercial banks, foreign bank branches licensed to have enough of the conditions specified in paragraph 2 to article 26 of the law on credit institutions.
3. To operate, opening a representative office must make disclosure under article 25 of the law on credit institutions.
4. Commercial Bank, foreign bank branch license sent by post or submitted directly at the Bank branch in the city, where commercial bank, foreign bank branch headquartered written notice about the condition of the opening of the activity specified in paragraph 2 of this Article at least 15 days before the scheduled opening of the works.
5. Commercial Bank, foreign bank branch, representative office must conduct active opening within a period of 12 months from the date of license; so this term without launching the operation, the Central Bank revoked the license.
Category 2 LICENSING CONDITIONS article 9. Licensing conditions of establishment and operation of commercial bank shares 1. The conditions specified in article 20 paragraph 1 the law on credit institutions.
2. conditions for shareholders: a) is fully responsible for the legality of contributions to capital;
b) is committed to supporting joint stock commercial bank finance to solve difficulties in the case of joint stock commercial bank capital or liquidity possibilities;
c) not the founders, owners, founders, strategic shareholders of other credit institutions;
d) have a minimum of 2 shareholders is held;
DD) within a period of 5 years from the date the license was issued, the founding shareholders must jointly owns at least 50% of the Charter capital when establishing joint stock commercial bank, in which the founding shareholders are organisation must together own at least 50% of the shares of the shareholders;
e) in addition to the conditions prescribed in points a, b, c, e, shareholders are individuals must meet the following conditions: (i) Vietnam nationals, have the capacity for civil acts fully in accordance with the law;
(ii) not belonging to the prohibited object according to the regulations of the corporate law;
(iii) have the ability to finance capital contribution to the establishment of joint stock commercial bank; do not use trust loans, capital of organizations and individuals to contribute to the capital;
(iv) is the Manager of business profitable in at least 3 adjacent year in filing the proposal to license or have a college degree, postgraduate specialization economics or law.
g) in addition to the conditions prescribed in points a, b, c, e, shareholders are organisation must meet the following conditions: (i) is established under the law of Vietnam;
(ii) have the financial ability to contribute capital joint-stock commercial bank and pledge not to use the trust capital, capital, loans, of organizations and individuals to contribute to the capital;
(iii) to fulfill the obligations of tax and social insurance in accordance to the time of submission of the proposal to license;
(iv) Have a minimum equity 500 billion in 5 years of adjacent grant proposal submission year license;
(v) business with interest in the adjacent year 5th year filing licensing proposal.
(vi) the case is active in the business lines of business require capital, should ensure the equity minus the minimum capital contribution capital commitment by according to figures from the financial statements have been audited by five adjacent time send proposal to license;
(vii) where is the State enterprise, must be approved by the authorized in writing for permission to join, which established joint stock commercial bank under the provisions of the law;
(viii) the case is held to be granted a license to establish and operate in the field of banking, insurance, securities must comply with the capital contribution under the relevant provisions of the law;
(ix) the case is commercial banks Had total assets:-a minimum of 100,000 billion, in full compliance with the regulations on risk management and establish a full backup as specified at the time of submission of the proposal to license and license;
-Do not violate the rate about the safety of banking activities as prescribed by the State Bank in the adjacent year in filing proposals to license and license;
-Comply with the conditions, limits the purchase, holding stocks of credit institutions as defined in paragraph 6 to article 103 of the credit institutions Act;
-Ensure the safe minimum capital ratio after the capital contribution established joint stock commercial bank.
Article 10. Licensing conditions of establishment and operation of venture Bank, 100% foreign banks 1. The conditions specified in paragraph 2 to article 20 of the law on credit institutions.
2. conditions for founding member, the owner is a foreign credit institution: a) Not serious violation of regulations on the operations of the Bank and the legal provisions of the country of origination within 5 years in a row of adjacent before submission of the proposal to license and license;
b) has experience in international activities, the Organization of international credit ratings ratings from stable level or above, the level likely to make financial commitments and normal operation even when the situation, the economic trend change not favorable;
c) with interest in 10 consecutive years adjacent before submission of the proposal to license and license;
d) Have total assets of at least the equivalent of 10 billion u.s. dollars at the end of the adjacent year in filing the proposal to license;
DD) Are the competent bodies of water resources of reviews to ensure capital safety ratio, the ratio of other safety guarantee, in full compliance with the regulations on risk management and extract the full backup set up under the provisions of the water resources of the adjacent five-year submission of grant proposals to license and license;
e) is not the owner, founding member, strategic shareholders of credit institutions of another Vietnam.
3. the founding members of the joint venture Bank is a commercial bank in Vietnam must meet the conditions specified in point a, b, c, g paragraph 2 in article 9 of this circular.
4. within 5 years from the date the license was issued, the founders are jointly owned 100% of the Charter capital of a joint venture Bank, 100% foreign-owned banks.
Article 11. Licensing conditions established foreign bank branch 1. The conditions specified in paragraph 3 article 20 of the law on credit institutions.
2. conditions for the Bank of mom: a) meet the conditions specified in point a, b, c, e item 2 article 10 of this circular;
b) Bank with total assets of at least the equivalent of 20 billion u.s. dollars into the adjacent year in filing proposals to license and permit.
Article 12. Licensing conditions established representative offices 1. The conditions prescribed in paragraph 4 to article 20 of the law on credit institutions.
2. Head Office has sufficient capacity for civil liability under the provisions of the law of Vietnam, not subject to corporate management is prohibited under the rules of business law, not at the same time is the Director-General (Director) of foreign bank branches in Vietnam.
Section 3 SUGGESTED PROFILE LICENSE article 13. Record-setting principles 1. The text in the proposed licensing records founded and operated commercial bank, records suggest a license to establish a foreign bank branch must sign the Preparatory Committee by the Minister, unless otherwise specified in this circular. The text signed by the Organising Committee Chief is titled "Preparatory Committee established and the name of the commercial bank, foreign bank branch".
Records suggest a license to establish a representative office is led by the legal representative of the foreign credit institutions, other foreign institutions have banking activities, unless otherwise specified in this circular.

2. The records suggest a license to establish and operate joint stock commercial banks established 11 original Vietnamese Ministry.
3. the licensing recommendation profile established and operated venture Bank, 100% foreign-owned bank, records suggest a license to establish a foreign bank branch, records suggest a license to establish a representative office was established as the 2nd root consisting of a set by Vietnamese and one set in English in which: a) The English profile must be legalized under the provisions of the law, except in the following documents: (i) the text of the competent authority of the country of resources sent directly to the Bank;
(ii) The financial statements are created directly in English.
b) translations from English to Vietnamese attested signature of the translator as specified on the endorsement of the law of Vietnam;
c) the translation of the financial statements must be certified by the Organization, individuals are allowed to practice translation as provided by the law;
d) The Vietnamese text is original (or copy from the original Vietnamese) set in Vietnam does not need to be translated into English.
4. Copies of the papers, the degree must be certified by the competent authority under the provisions of the law.
5. In each record must contain the list of documents in the record.
Article 14. Records suggest the establishment licensing and commercial banking activities 1. Licensing application for establishment and operation of commercial banks by the founders, owners, founders sign the form specified in the annex to this circular 02a.
2. The draft statute.
3. The project of establishment of commercial banks, including at a minimum the following: a) the need to establish a commercial bank;
b), Commercial Bank Name name city centrally located expected place, time activity, capital formation, active content;
c) financial capacity of the founding shareholders, capital contribution members;
d) Organization and network of the Bank's activity is expected in the first year 3;
DD) staff expected that description in qualifications, experience in the field of banking, finance and risk management to meet the requirements of each position, title: (i) the Chairman, members, independent members of the Board, Board Member; Head of the Committee of the Board of Trustees, Board Member;
(ii) the Secretary of the Board, members, professional members Control Board;
(iii) the Director-General (Executive Director), the Vice President (VP), Chief Accountant and the head of the subdivisions in structure.
e) risk management policies: identification, measurement, management, prevention and control of credit risk, operational risk, market risk, liquidity risk and other risks during the operation;
g) information technology: (i) the expected financial investment for information technology;
(ii) information technology systems must ensure that meets the requirements for management, and risk management of commercial banks and the regulation of the State Bank;
(iii) the ability to apply information technologies, which stated: the time taken for technology investment; This type of technology is expected to apply; expected of officers and the ability of officers in the application of information technology; ensure information systems can integrate and connect with the management system of the State Bank to provide information as required in the management of State banks;
(iv) records of information technology infrastructure service for the Bank's commercial activities;
(v) security solutions, the security corresponding to the type of service expected deployment;
(vi) identify, measure and implement risk management approach for the expected technology applied in the field of activity of commercial banks;
(vii) expected assigned responsibility for reporting and controlling system operations of information technology.
h) sustainable and development of banking on the market: (i) analysis and evaluation of the bank market, which States is status, challenges and prospects;
(ii) the ability to participate and compete in the market of the Bank, which proves to be the Bank's advantage when market participants;
(iii) development strategy, expand the network activity and content of Bank operations, customer type and number of customers. In particular, a detailed analysis to meet the conditions for the conditional operation.
I) control system, internal audit: (i) the principle of operation of the system of internal control;
(ii) the draft internal rules of organization and operation of the Bank, including the minimum internal rules specified in paragraph 2 to article 93 of law of credit institutions and the following regulations:-regulation on organization and operation of the Board, Board Member , Control Board, moderator;
-Regulations on the Organization and activities of the head office, branches and subsidiaries.
(iii) the content and process of internal audit activity.
k) business plan expected in 10 years, which at a minimum shall include the following: market analysis, strategy, targets and action plans, the financial statements of each of the five (accounting balance sheets, reports business results, cash flow statements, targets safe minimum capital , the only goal of the performance and the ability to implement the financial targets in each year).
4. Proof of the capacity management, control, executives expected: a) curriculum vitae according to the form prescribed in annex 3 to this circular, the criminal (or equivalent text) in accordance with the law;
b) copies are attested the diploma qualification proof;
c) other documents of proof to meet the conditions, the standards prescribed in the law on credit institutions and the relevant provisions of the law;
d) where the person is expected to be elected as a member of the Board, Board members, Committee members, General Manager (the Director) has no Vietnam nationals, in addition to the above text, the text must have a commitment to meet the conditions for residence and work in Vietnam.
5. The minutes of the meeting of founders, founding member or owner's text about the selection of the Preparatory Committee, head of the Preparatory Committee, through the draft Charter, the project established banks and list the titles of the management, control, executives expected.
Article 15. Records suggest a license to establish and operate joint stock commercial bank 1. Profile components as defined in article 14 of this circular;
2. List of shareholders and expected list of shareholders established according to the form prescribed in annex 4 to this circular.
3. Profile of the founding shareholders: a) for individuals: (i) Single purchase shares for individuals according to the form prescribed in annex 05a this circular;
(ii) to declare the relevant Table according to the form prescribed in annex 6 of this circular;
(iii) in addition to the above mentioned profile component, shareholders must have add following text:-curriculum vitae according to the form prescribed in annex 3 to this circular, the criminal (or equivalent text) in accordance with the law;
-Financial reporting, filing year adjacent to proposed business license by the shareholders or the management a copy of college degree or post-graduate specialization in economics or law;
-Written commitment of each of the founding shareholders of the bank financial support to resolve difficulties in the case of bank capital or liquidity possibilities;
-The table declare the property type value from 100 million or more, the debts and related documentation of the individual according to the form prescribed in annex 7 of this circular;
b) for organizations: (i) Single buy shares according to the form prescribed in annex 05b this circular.
(ii) to declare the relevant Table according to the form prescribed in annex 6 of this circular.
(iii) license or business registration certificate or equivalent documents;
(iv) authorized representative text capital at the Bank under the provisions of the law;
(v) organizational and operational regulations;
(vi) Paper identity or passport of the legal representative and the representative of the Organization's capital at the Bank;
(vii) the text of the authorized approved for the Organization was raising capital to establish the Bank;
(viii) financial statements in adjacent years filing proposed licensing and financial reporting to the nearest point from the time of submission of the proposal to license independent audited by the auditing company in the list of audit organization has been the Ministry of Finance announced the corporate auditing standards and reports no comments with the exception of the auditor;
(ix) in addition to the above mentioned profile component, shareholders must have add following text:-resume of representative capital according to the form prescribed in annex 3 to this circular, the criminal provisions of the law;
-Written commitment of financial support in case of bank capital or liquidity possibilities;
-Financial report for 5 years in the adjacent filing proposals to license was independent audit by the auditing company in the list of audit organization has been the Ministry of Finance announced enterprise accounting standards and financial statements have no opinion except that of Auditor;
(x) the Board determines the financial capabilities to contribute to the capital of joint-stock commercial bank held not the credit organization according to the form prescribed in annex 8 of this circular;
(xi) the text of the tax authorities, social insurance agency acknowledge about the full implementation of tax obligations, social insurance institutions.
4. After receiving the text approved guidelines, the Board must submit the additional preparatory text after: a) chartered organization and the operation of commercial banks shares were the shareholders General Assembly through;
b) the minutes of the meeting of the General Assembly of shareholders;

c) Board meeting minutes through the content of the title of Chairman of the Board; Meeting minutes Board of control of the elected Prefect title control and dedicated Control Board Member;
d) the decision of the Board on the appointment, the title of ceo (Director), Vice President (VP), Chief Accountant;
DD) list of shareholders established according to the form prescribed in annex 4 to this circular;
e) text of a commercial bank where the account open Preparatory Committee had confirmed the amount of the capital contribution capital contribution;
g) documents proving ownership or the right to use the legal headquarters of joint stock commercial bank;
h) The internal rules of organization and functioning of joint stock commercial banks prescribed in article 14 paragraph 3 of point i of this circular was the General Assembly of shareholders, the Board adopted;
I) report of the founding shareholders of commercial bank in the country is about to meet the conditions specified in point g item 2 article 9 of this circular from the time of submission of the proposal to permit the submission of additional documents.
Article 16. Records suggest a license to establish and operate a joint venture Bank, 100% foreign banks 1. Profile components as defined in article 14 of this circular.
2. Profile of the owners, founders is a foreign credit institution: a) the financial statements have been audited 5 adjacent year in applying licensing proposal had no idea except of the auditor;
b) a copy of the license to establish and operate or equivalent documents;
c) text of the competent authority of the country of origin to provide resource information on foreign credit institutions as follows: (i) active content are allowed in the water resources made at the time of submission of the proposal to license;
(ii) the situation in compliance with the law on banking activities and other legal regulations within the next 5 years in a row of adjacent years filing proposals to license and up to the time of submission of the proposal to license;
(iii) the rate of capital safety and other safety rate under the provisions of the water resources of the adjacent year in filing the proposal and to the time of submission of the proposal to license;
(iv) the situation in compliance with the regulations on risk management and on the adjacent year in filing the proposal and to the time of submission of the proposal to grant the license.
d) text or the document of the Organization of the international credit rating credit rating for foreign credit institution within 6 months prior to the time of filing;
DD) Organization Charter and operation of credit institutions;
e) reports the establishment, operation and development orientation of foreign credit institutions up to the time of submission of the proposal to license;
g) decided to appoint the representatives of venture capital at the Bank, 100% foreign-owned bank of the foreign credit institution in accordance with the law attached to the passport of the representative capital.
3. Profile of the founding members of the joint venture Bank is a commercial bank in Vietnam include the papers, the documents specified in point b of article 15 paragraph 3 of this circular, except to buy single shares.
4. the joint venture contract has the content primarily in accordance with the law; capital contribution agreement contract between the founding members for 100% foreign bank;
5. The text of the competent authority of the country of resources committed to ensure the ability to monitor all activities of foreign banks (including the Bank's operation venture or 100% foreign-owned bank in Vietnam) on the basis of consolidated according to international practices.
6. the written commitment of the owner, the founding member of the: a) available financial assistance, technology, management, administration, operations for venture Bank, 100% foreign bank;
b) ensures to maintain the real value of the capital stock of the Bank, 100% foreign-owned banks not to lower the level of capital and meet all the regulations on safe operation as defined by the State Bank.
7. After receiving the text approved guidelines, the Board must submit the additional preparatory text after: a) chartered organization and banking operations were Council members through;
b) the text of a commercial bank where the account open Preparatory Committee had confirmed the amount of capital contribution of the founders;
c) documents proving the ownership or the right to use the lawful head of the commercial bank;
d) internal regulations on the Organization and operation of the joint venture Bank, 100% foreign bank specified in point i, paragraph 3 article 14 of this circular were Council members through;
DD) reported by the founding members of domestic commercial bank is about to meet the conditions specified in point g item 2 article 9 of this circular from the time of submission of the proposal to permit the submission of additional documents;
e) text of the competent bodies of water resources of reviews of owners, founders is a foreign credit institution that meets the conditions specified in point a, point c, point 2 article 10 clause Ridin this circular from the time of submission of the proposal to permit the submission of additional documents;
g) in addition to the component profile specified in point a, b, c, d, DD, e, Preparatory Committee established the Bank 100% foreign-owned limited liability company, a member must submit the additional text after: (i) the owner's decision on the appointment of the Chairman of Board members Member, Board Member, Committee member, President (Director), Vice President (VP) Chief Accountant;
(ii) Control Board meeting minutes of the elected Prefect title control and dedicated Control Board member.
h) in addition to the component profile specified in point a, b, c, d, e, e account 7 this Preparatory Committee, established the joint venture Bank, the Bank of 100% foreign-owned limited liability company, two members must submit the following documents supplement: (i) the minutes of the meeting of members of the first capital contribution;
(ii) meeting minutes Board members through the content of the title President of the Board members; Meeting minutes Board of control of the elected Prefect title control and dedicated Control Board Member;
(iii) the decision of the Board members about the appointment of the Director-General (Executive Director), Vice President (VP), Chief Accountant.
Article 17. Records suggest a license to establish a foreign bank branch 1. Licensing application to establish a foreign bank branch by legal representative of foreign banks signed the form specified in the annex to this circular 809.
2. Proposals to establish a foreign bank branch comprises the following basic content: a) the need to establish a foreign bank branch;
b) foreign bank branch Name, city/province name centrally where expected based branch, active content, uptime, which is granted when established;
c) organizational chart, list of foreign bank branches in accordance with the provisions of article 89 of the law on credit institutions; list of personnel expected to describe in detail the level of expertise, experience, risk management capability to meet the requirements of each position;
d) risk management policies: identification, measurement, management, prevention and control of credit risk, operational risk, market risk, liquidity risk and other risks during the operation;
DD) information technology: (i) the expected financial investment for information technology;
(ii) information technology systems must ensure that meets the requirements for management, risk management of foreign bank branches and the regulations of the Bank;
(iii) the ability to apply information technologies, which stated: the time taken for technology investment; This type of technology is expected to apply; expected of officers and the ability of officers in the application of information technology; ensure information systems can integrate and connect with the management system of the State Bank to provide information as required in the management of State banks;
(iv) records of information technology infrastructure that serves for the activities of the foreign bank branch;
(v) security solutions, the security corresponding to the type of service expected deployment;
(vi) identify, measure and implement risk management approach for the expected technology applied in the field of activity of the foreign bank branch;
(vii) expected assigned responsibility for reporting and controlling system operations of information technology.
e) sustainable and development of foreign bank branch on the market: (i) analysis and evaluation of the bank market, which States is status, challenges and prospects;
(ii) the ability to participate and compete in the market of foreign bank branches, which proves the advantages of the foreign bank branch when market participants;
(iii) development strategy, expand the network activity and content of Bank operations, customer type and number of customers. In particular, the analysis clearly meet the conditions for the active content.
g) control system, internal audit: (i) the principle of operation of the system of internal control;
(ii) the draft internal rules of organization and operation of the foreign bank branch, minimum internal regulations including the provisions in paragraph 2 to article 93 of law of credit institutions and the regulation on organization and operation of the foreign bank branch;
(iii) the process of internal audit activity.
h) business plan expected in 10 years, which at a minimum shall include the following: market analysis, strategy, objectives and action plans to achieve that goal, the financial statements of each of the five (accounting balance sheets, reports business results, cash flow reports safety standards, minimum capital, the norms regarding the performance and the ability to implement the financial targets in each year).
3. The Charter of the Bank.

4. Resume of the Director-General (Director) of the foreign bank branch expected according to the form prescribed in annex 3 to this circular have confirmed the Bank's parent, criminal (or equivalent text) in accordance with the law; the diploma, certificate, certification, qualification and materials proved to meet the conditions, the standards prescribed in the law on credit institutions and related provisions of the laws of the General Manager (Director) is expected.
5. Copy the license to establish and operate or equivalent documents do the competent authorities of the country of resources granted to the Bank.
6. The text of the competent authority of the country of origin to provide raw information about the parent bank are as follows: a) active content are allowed in the water resources made at the time of submission of the proposal to license;
b) situation in compliance with the law on banking activities and other legal regulations within the next 5 years in a row of adjacent years filing proposals to license and up to the time of submission of the proposal to license;
c) capital safety ratio and the ratio of other safety provisions of the water resources of the adjacent year in filing the proposal and to the time of submission of the proposal to license;
d) situation in compliance with the regulations on risk management and on the adjacent year in filing the proposal and to the time of submission of the proposal to grant the license.
7. The text of the competent authority of the country of resources committed to ensure the ability to monitor all activities of the parent bank (including the activities of foreign bank branches in Vietnam) on the basis of consolidated according to international practices.
8. the financial statements have been audited 5 adjacent year in filing suggested the Bank's license.
9. Text or the document of the Organization of the international credit rating credit rating for Bank of parents within a period of 6 months prior to the time of filing.
10. The text of the parent bank guaranteed to bear full responsibility for all obligations and commitments of the branch in Vietnam; make sure to maintain the real value of the capital of the subsidiary does not lower the level of capital and meet all the regulations on safe operation as defined by the State Bank.
11. Report the establishment, operation and development orientation of the parent bank until the time of the submission of the proposal to grant the license.
12. The text of the parent banks by legal representative to sign on the Preparatory Committee and authorized the election for head of Preparatory Committee.
13. After receiving written approval guidelines, must complement the Preparatory Committee the following text: a text) appointed ceo (Director) of the foreign bank branch representative under the law of the parent bank;
b) text to prove the legitimate rights of foreign bank branch;
c) internal regulations on the Organization and operation of the foreign bank branch specified in point g item 2 this was through the mother Bank;
d) the text of the authorized agency of the water resources of the mother Bank rating meets the conditions specified in point a, c, e clause 2 article 10, paragraph 2, point b article 11 this circular from the time of submission of the proposal to permit the submission of additional documents.
Article 18. Records suggest a license to establish a representative office 1. Licensing application to establish a representative office by legal representative of foreign credit institutions, other foreign institutions have banking operations signed under the form prescribed in Annex 02 c of this circular.
2. A copy of the license text or equivalent activities due to the competent authority of the country of resources granted to foreign credit institutions, other foreign institutions have banking activities.
3. The text of the competent authority of the country of resources providing information on the State of compliance with the law of the foreign credit institutions, other foreign institutions have banking activities.
4. The text of the competent authority of the country of resources allows foreign credit institutions, other foreign institutions have banking operations established a representative office in Vietnam; the case of the provisions of the water resources of the text required no permit, they must have evidence to prove this.
5. report the process of establishing, activities of credit institutions, other foreign institutions have banking activities until the time of filing the proposal and development orientation of foreign credit institutions, other foreign institutions have banking operations in Vietnam.
6. financial reports in adjacent years filing licensing proposal has been auditing of credit institutions, other foreign institutions have banking activities.
7. Curriculum vitae of Chief Representative Office expected according to the form prescribed in annex 3 to this circular contains confirmation of foreign credit institutions, other foreign institutions have banking activities, criminal record (or equivalent text) in accordance with the law; the diploma, certificate, certification, qualification of Chief Representative Office expected in Vietnam.
8. Documents proving the right to use the lawful head of the representative office.
Chapter III RULES of ORGANIZATION and OPERATION section 1 GENERAL PROVISIONS article 19. The principle applies to commercial banks, foreign bank branches, representative offices and organizations operating under the provisions of the law on credit institutions, this circular and other related provisions of the law.
Article 20. Languages translations delivered text is official transactions of commercial banks, foreign bank branches, representative offices must use Vietnamese or Vietnamese and foreign languages at the same time.
Article 21. Active content 1. Commercial banks, foreign bank branches are not conducting any business activity would in addition to banking activities, other business activities stated in the licence to be issued to each State Bank Commercial Bank, foreign bank branch.
2. The banking activities, other business activities of the commercial banks, foreign bank branch specified in the credit institutions Act made under the guidance of the State Bank.
3. active contents of 100% foreign-owned bank to be active owners, foreign bank owns 50% of the capital stock of 100% foreign-owned banks are allowed to perform in the country where the owner, Foreign Bank headquarters.
4. active contents of the foreign bank branch must be active where the mother Bank are allowed to perform in the country where the parent bank is headquartered.
5. A representative office is made of activities according to the provisions of article 125 of the credit institutions Act. Head of representative office not signed business contracts, investment of foreign credit institutions, other foreign institutions have banking activities with the individual, organization, Vietnam.
Article 22. Active duration, changes duration of operation 1. Duration of activity of commercial banks, foreign bank branches are recorded in the license must not exceed 99 years; duration of activity of representative office must not exceed 5 years.
2. The procedures and records suggest change the duration of activities implemented under the guidance of the State Bank.
Item 2 ORGANIZATIONAL STRUCTURE and MANAGEMENT Article 23. Name, headquarters of the commercial bank, foreign bank branch, Representative Office 1. The name of the commercial bank, foreign bank branch, representative office must ensure: a) consistent with the provisions of the corporate law and the provisions of relevant laws;
b) is set to the corresponding form as follows: (i) joint stock commercial bank and first name;
(ii) banking and private venture;
(iii) a limited liability Bank members and the name of the foreign bank and Vietnam;
(iv) Bank limited liability and private Name for 100% foreign-owned bank two members;
(v) the Bank and the foreign bank-branch of the province, the central city where the branch. In the case of a foreign bank established two branches in a province, the city must replenish the name to ensure segregation of the different branches;
(vi) the name and Office of foreign credit institutions, other foreign institutions have banking activities-the name of the province, the central city where a representative office.
2. The headquarters of the commercial bank must guarantee to meet the provisions of the headquarters of the business according to the regulations of the corporate law and the following conditions: a) is the work of the Board, Board Member, Executive Committee, noted in the licensing and registration provisions of the law;
b) must stay on the territory of Vietnam, in an address to determine the number of rooms (if any), number of floors, the building name (for Office buildings), house number, street name (gateway) or name of the communes, wards, town, district, County, town, and city in the province, the province, the central cities. The case of the registered commercial bank headquartered in more than one of the home or building with different addresses, the number of houses or buildings are adjacent to each other;
c) ensure safe and consistent with operational requirements of the Bank;
d) management information systems online connection between the main office with branches and the Bank's Business Department to meet the requirements of management and risk management of commercial bank and ask about the management of the Bank.
3. The headquarters of the foreign bank branch must ensure that meets the provisions of the headquarters of the business according to the regulations of the corporate law and the following conditions: a) is the work of the Director-General (Executive Director) and the Executive Committee, which made dealing with clients, noted in the licensing and registration provisions of the law;
b) must stay on the territory of Vietnam, in an address to determine the number of rooms (if any), number of floors, the building name (for Office buildings), house number, street name (cities) or name of the communes, wards, town, district, County, town, and city in the province, the province, the central cities;

c) ensure safe and consistent with operational requirements of the Bank;
d) management information systems connected online with the headquarters of foreign banks meet the requirements of management and risk management of foreign banks and management requirements of the State Bank.
4. The headquarters of the Office of the representative on the territory of Vietnam, in an address to determine the number of rooms (if any), number of floors, the building name (for Office buildings), house number, street name (cities) or name of the communes, wards, town, district, County, town, and city in the province of , the province, the central cities.
Article 24. Organization management of commercial bank, foreign bank branch 1. Organization management of commercial banks: a) commercial banks must have the organizational structure, the Executive Management, internal audit, risk management, internal control systems consistent with the type of operation according to the rules of the law of credit institutions and the provisions of relevant laws.
b) organization structure management of joint stock commercial banks, including: General Assembly of shareholders, the Management Board, supervisory board, General Director (Director).
c) management structure of State commercial bank by the State owns 100% of the Charter capital, venture banking, 100% foreign banks include: Board members, supervisory board, General Director (Director).
2. the management structure of the foreign bank branch: structure, management, administration of foreign bank branches in Vietnam by the parent Bank decided to conform with the laws of the country in which the foreign bank is headquartered and regulated by the law on credit institutions regarding the organizational structure , management, administration, internal control, internal audit and Bank must be approved in writing prior to implementation.
Article 25. Organization structure of risk management committee and the personnel Committee 1. The Board, the Board members must establish risk management committee, the personnel Committee and the regulation mechanism of the ruling with regard to the proposals of the two committees.
2. A Committee must have a minimum of three members, including the head of Department is a member of the Board, Board members and other members of the Board, Board Member, appointed by the decision, dismissed by the rules of commercial banks. A member of the Board, the Board members only is head of a Committee. For commercial banks, the risk management Committee must have at least one Member is an independent member of the Board.
Article 26. Working regulation of the risk management committee and the personnel Committee 1. The establishment of the Commission, Board, Council members must enact regulations of work and functions, the task of the Committee. Immediately after enactment, sending commercial bank internal regulations to the State Bank (banking supervision, inspection) to the report.
2. work rules and functions of the Committee include at a minimum the following: a) the regulation of work: (i) the number of members of the Committee and the responsibilities of each Member;
(ii) The regular session of the Committee;
(iii) the extraordinary meeting of the Committee;
(iv) The Commission's decision;
b) mission, the function of the Committee: (i) the Committee on risk management issues:-Chief of staff for the Board, Board member in issuing the process, his jurisdiction policy relating to risk management in banking activities under the provisions of the law and the Charter of the Bank.
-Analysis, given the warning of the level of safety of the Bank before the underlying risks, risk can influence and precautions against the risks in the short term as well as long term.
-Consider, evaluate suitability and efficiency of processes, risk management policy of the Bank to take the recommendations, proposals for the Board, the Board members about the need to change current policy, processes, operational strategies.
-Advised the Board, Council members in deciding to approve the investment account, the transactions concerned, governance policies and process risks within the scope of the functions and duties by the Board, Board member.
(ii) Committee on personnel issues:-Chief of staff for the Board, Board member of the scale and structure of the Management Board, the Council Member, who runs consistent with the scale of operations and strategic development of the Bank.
-Advised the Board, Board member of handling personnel problems arising in the process of conducting the procedure of election, appointment, recall, dismissed the titles of members of the Board, Board members, Committee members and Executive control of the Bank in accordance with the provisions of the law and the Charter of the Bank.
-Research, advised the Board, Board member in issuing the Bank's internal regulations under the authority of the Board, Board member of the mode wage, remuneration, bonuses, the personnel selection procedures, training and other remuneration policies for executives , the officers, employees of the Bank.
Article 27. Sign the Charter, content modification, additional terms 1. Charter of commercial bank must have the content mainly prescribed in clause 1 article 31 of the law on credit institutions and are not contrary to the provisions of the law on credit institutions, the provisions of the relevant laws. Commercial Bank entirely responsible before the law for the content of the Charter, content modification, supplement the Charter.
2. The Charter, content modification, supplement the Charter of commercial bank in effect since the shareholders General Assembly, Council members passed and signed.
3. When granting permission, the State Bank to confirm registration of the Charter of the Bank of Commerce. Cases, amendments, supplements, commercial banks must sign the modified content, additional terms of commercial banks in the State Bank (banking supervision, inspection) within 15 days from the day through.
4. Commercial Bank sent 1 record by mail or lodged directly at the State Bank (banking supervision, inspection) proposal to confirm subscription to content modification, supplement the Charter. The records include: a) text proposed by the commercial bank, which stated the reason, the need of changing the content of the Charter (attached appendix details the content in the current Charter, suggested content be modified, added and legal base to modify Supplement).
b) resolutions of the general shareholders meeting, the resolutions of the Council members through the amendments, additional content rules. In particular, the resolution must specify the content of the amendments and supplements.
c) Charter has included the content of the amendment and supplement of the commercial bank.
d) other documents required by the Bank to clarify the proposed additional issues (if any).
5. State Bank (banking supervision, Inspector) has the responsibility to confirm subscription to content modification, supplement the Charter of commercial bank in writing within 7 days from receipt of complete and valid dossiers.
6. in case of the detection of the content of the Charter, the revised content, additional rules are not consistent with the provisions of the law, the State Bank (banking supervision, inspectors) have written asking commercial banks to modify and supplemented accordingly.
Article 28. Internal regulations 1. Commercial banks must build internal rules according to the provisions of article 93 of the credit institutions Act. The internal regulations, amended and supplemented by the internal regulations of the Board, Board member.
2. foreign bank branch must build internal rules according to the provisions of article 93 of the credit institutions Act or the internal rules used by the parent bank issued under the guidance of the State Bank.
3. Immediately after the enactment or soon on using internal regulations issued by the parent bank, the commercial bank, foreign bank branch must submit the internal regulations, amending the internal regulations for the State Bank (banking supervision, inspection) to do the inspection facility monitoring.
Section 3 CAPITAL, CAPITAL Article 29. Capital, capital 1. Charter capital of commercial banks: a) capital of commercial bank's capital has been the real owner or which are the shareholders, members and real capital contribution recorded in the Charter of the Bank.
b) capital of the Bank can be increased from the following sources: (i) additional reserves Fund capital; Equity surplus funds; profit and other funds under the provisions of the law;
(ii) issuing shares to the public, individual stocks;
(iii) conversion of the bonds converted into common stock;
(iv) Capital by owners, members further capital contribution;
(v) other sources as provided by law.
2. Capital of the foreign bank branch: a) capital of foreign bank branch is the real mother bank capital has been issued to a foreign bank branch and was recorded in the license.
b) Which are issued by foreign bank branches can be increased from the following sources: (i) the profit to leave;
(ii) the parent Bank Capital levels more;
(iii) other capital sources as prescribed by law.
Article 30. Buy back shares at the request of the shareholders or by decision of the joint stock commercial bank 1. The acquisition of shares of shareholders of joint stock commercial bank must ensure compliance with the provisions of the law.
2. joint stock commercial bank only bought back shares of shareholders if, after paying off the number of shares to be acquired and still ensure the safety ratio in the banking operations, the real value of capital stock is not reduced below legal capital; where to buy back shares to reduce the registered capital of the joint stock commercial bank, the State Bank must be approved in advance in writing.

3. The procedures and records suggest buying back shares to reduce the registered capital of the joint stock commercial bank made under the guidance of the State Bank.
Article 31. Transfer of shares, acquired the shares of venture Bank, 100% foreign banks 1. The transfer of shares, bought back shares to ensure compliance with the regulations of the corporate law.
2. Within a period of 5 years from the date of license, founders shares are transferable only to the founding members. Within a period of 3 years from the start of the capital contribution to the joint venture Bank, 100% foreign-owned banks, members had only been transferred shares for capital contribution to other members.
3. The transfer of shares to non-members of the Bank's venture capital contribution, 100% foreign-owned banks should ensure the capital contribution rate under the provisions of paragraph 4, paragraph 5 article 2 to this circular and meet the following conditions: a) for 100% foreign-owned banks : (i) new partners must meet the conditions specified in point b, c, d, DD, e, item 2 article 20 credit institutions Act and item 2 article 10 of this circular;
(ii) where the transfer of lead to have other foreign bank owns 50% of the capital stock of 100% foreign bank, the foreign bank must meet the conditions specified in paragraph 3 article 21 of this circular.
b) for venture Bank: (i) the new partner is the foreign bank must meet the conditions specified in point b, c, d, DD, e, item 2 article 20 credit institutions Act and item 2 article 10 of this circular;
(ii) the new partner is the Vietnam commercial bank must meet the conditions specified in point a, b, c, g paragraph 2 in article 9 of this circular.
4. Conditions for acquisition of shares: a) asked to buy back the shares of a member which, payment conditions and handling of shares made under the regulation on acquisition of shares of the enterprise law;
b) after payment end shares are acquired, the Bank guaranteed the payment of the debts and obligations of other assets, ensure the safety ratio in the banking operations, the real value of capital not lower than the level of capital;
c) full compliance with the regulations on risk management and establish a full backup as specified at the time suggested the Bank approves the acquisition of shares;
d) business continuity with interest in the adjacent year 5 years suggested buying back shares and no estimated losses;
DD) being State Bank sanctioning administrative violations in the field of money and banking activities in the adjacent year 5 years suggest to buy back shares and to suggest the Central Bank approves the acquisition of shares.
5. The transfer of shares, the acquisition of the shares must be approved by the State Bank in writing before implementation. The sequences, procedures and records suggest that equity transfer, acquisition of shares made under the guidance of the State Bank.
Chapter IV LIABILITY of the Organization, INDIVIDUALS are RELATED to article 32. The responsibility of the Organising Committee 1. Prepare and submit records as prescribed in this circular.
2. After receiving the written approval guidelines, organising Committee is responsible for: a) held the first shareholders meeting, the meeting of members, which is the first to adopt the content as specified in clause 12, 15 article 2 to this circular;
b) notice to the shareholders, owners, members, which the mother bank deposit money into the account by the Preparatory Committee opened at a commercial bank in Vietnam.
3. Guide the shareholders made the capital contribution and appraisal records of shareholders.
4. Responsibility for the adequacy, accuracy of the content of records has filed for the State Bank.
5. Informing the shareholders, founders, mother Bank know why are not allowed in the case was not approved by the State Bank.
6. The presentation before the Council regarding the appraisal meets the conditions to be granted a licence at the request of the State Bank.
7. Protection of content in the project of establishment of commercial bank, foreign bank branch before the authority.
Article 33. The responsibility of the Chief Organising Committee 1. Convene meetings of the General Assembly of shareholders, the meeting first founding members under the provisions of the law.
2. Sign the text under the authority to establish the Bank until the Bank was granted the license.
Article 34. The liability of the Organization, individuals are related to the establishment, organization and operation of the commercial banks, foreign bank branches and representative offices of organisations, individuals related to the establishment, organization and operation of the commercial banks, foreign bank branches and representative offices must provide adequate accurate, timely information, as required by the State Bank of India, the Preparatory Committee under the provisions of this circular and responsible before the law about the above information.
Article 35. Coordinate licensing 1. The State Bank has sent the text of opinions: a) the people's Committee of the central cities, where the planned stationing of a commercial bank, the headquarters of the foreign bank branch, Representative Office of the location of the headquarters of commercial bank , headquarters of foreign bank branches, representative offices;
b) Ministry of public security (Security Bureau of finance, monetary, investment) on the list of the expected vote, appointed members of the Board, Board Member, Committee member and Director-General (Director) of commercial banks, ceo (Director) of the foreign bank branch , Head of the representative office.
2. within 15 days of receipt of the text of the State Bank, the agencies stated on the written comments submitted by the State Bank. So the time limit on, State Bank does not receive the written opinions of the relevant authorities, the Agency considered that no comments opposing the proposal for the licensing of the State Bank.
3. State Bank licensed on the basis of the opinion of the relevant body.
Article 36. The responsibility of the State Bank of 1. Authority records established licensing and commercial banking operations, license foreign bank branch (referred to as the authority): a) authority by the Governor of the State Bank of the decision, including the Governor or a Deputy Governor (Governor of authorization) as President the members are the heads of the units defined in item 2, 3, 4, 5, 6, 7, 8 this;
b) the Mission of the authority: (i) appraising the records suggest the establishment licensing and commercial banking operations, license foreign bank branch.
During the appraisal, the authority granting interviews to assess your level of expertise, rationality and feasibility of the project established for each project's content creation, understanding of banking sector of people who expected to be elected to the Office of management , of the commercial bank, the Director-General (Executive Director) of the foreign bank branch;
(ii) select the list of records qualify on the basis of the opinion of the members to the Governor of the State Bank of licensing decisions.
2. Inspection bodies, banking supervision: a) Do clue reception and evaluation of licensing records founded and operate commercial banking license, foreign bank branch: (i) for the record suggested the establishment licensing and operation of commercial bank , License foreign bank branch before accepting the principles:-Inspection Agency, monitoring the Bank appraised the adequacy of records, and the Governor of the State Bank have text sent to Preparatory Committee confirmed the full record, or additional requirements profile.
-Appraisal of records and have proposed text included evaluation of records sent to the members of the Board appraisal review. Proposed text stating the evaluation results evaluation and proposed perspectives on the licensing;
-General comments of the members of the Board evaluation and process evaluation Council Chairman to convene a meeting of the members of the authority to review proposed licensing records;
-According to the minutes of the meeting of Council of the appraisal, the Governor of the State Bank has sent text about the Preparatory Committee approved the principle of or do not approve the principle (which stated the reason).
Text content approved principles include: approved the principle of establishing and operations of commercial banks, establish a foreign bank branch; approved list of scheduled commercial banks, foreign bank branches; approved organizational structure, management, internal control, internal audit of the foreign bank branch.
(ii) with respect to the additional text after the approved principles:-the case of expiry filed additional documents under the provisions of this circular which does not receive or get the text incomplete records, valid, the Agency inspection, monitoring the Bank Governor State Bank have text sent text message Preparatory Committee approve the principle does not longer values.
-Where to get the additional text, full profile, inspection agency, responsible for bank supervision evaluation and the Governor of the State Bank issued the decision granting the license to establish and operate commercial banking license, foreign bank branch and the text confirm registration of commercial banks if eligible and sure enough the records prescribed in this circular or non-licensed text (which stated the reason).
b) Do clue reception, evaluation and the Governor of the State Bank on proposed licensing records to establish a representative office.
c) is responsible for the storage and management of records after the license has been granted;

d) inspection, monitoring the implementation of the commercial bank, foreign bank branch after the opening of the activities under the project of establishment of commercial bank, foreign bank branch.
DD) inspection, monitoring the implementation of the regulation on organization and operation of the commercial banks, foreign bank branches, representative offices as prescribed in this circular.
e) handle the obstacles in the process of implementing circular;
3. Service legislation: a) within a period of 30 days from the date of the inspection, the Agency overseeing the Bank have suggested text, the legislation proposed profile evaluation license and have the text send inspection agencies, banking supervision;
b) is the clue that handles legal matters in the licensing process.
4. monetary policy: a) within a period of 30 days from the date of the inspection, the Agency overseeing the Bank have suggested text, the monetary policy assessment records suggest that license and send in writing the Agency inspection, supervision of banks;
b) evaluation of the impact of the establishment of the new bank related to the monetary policy of the Bank.
5. international cooperation: a) within a period of 30 days from the date of the inspection, the Agency overseeing the Bank have suggested text, international cooperation dossier evaluation license and proposal writing to send inspection agencies, banking supervision;
b) reviews the problems arising in relation to the commitments Vietnam joined the World Trade Organization and bilateral and multilateral agreements.
6. The Department of information technology: a) within a period of 30 days from the date of the inspection, the Agency overseeing the Bank have suggested text, Department of information technology due diligence bank records suggest that license and send in writing the Agency inspection, supervision of banks;
b) reviews the issues related to information technologies of commercial bank, foreign bank branch.
7. Financial-Accounting: a) within a period of 30 days from the date of the inspection, the Agency overseeing the Bank have suggested text, financial-accounting records appraisal licensing and proposal writing to send inspection agencies, banking supervision;
b) reviews the issues related to the financial capacity of shareholders under the provisions of this circular and the relevant provisions of the current law.
8. State Bank branch in the province, the city where the Bank proposed the creation of planning major centered: a) within a period of 30 days from the date of the inspection, the Agency overseeing the Bank have suggested text, State Bank branch in the city, where commercial bank, foreign bank branch intends to establish headquarters suggested profile evaluation license and have the text send inspection agencies, banking supervision;
b) as clues to work with local authorities where commercial bank, foreign bank branch expected based on the establishment of commercial banks, foreign bank branches (if recommended);
c) Make direct clue test, steer, oversee commercial banks, foreign bank branches made and ensure the conditions prescribed by law, of State Bank before conducting the opening activities;
d) to suspend the commercial bank, foreign bank branch opened operations in the case of commercial banks, foreign bank branches do not meet the conditions for the opening of operation;
DD) report of State Bank Governor about conditions and the situation of conducting the opening activity of commercial banks, foreign bank branches.
9. Transaction: a) Guide commercial banks, foreign bank branches, representative offices: (i) make work pay license;
(ii) the account opening procedure, transfer of capital into account blockade, and reduce working capital.
b) Sent the Agency inspection, monitoring the Bank copies of confirmations has gotten enough licensing fees, capital transfer confirmations on account of the blockade and the release of capital.
Chapter V PROVISIONS Enacted 37. Effect 1. This circular is effective from January 12, 2012.
2. From the date of this circular effect the enforcement of, the terms, the following text expired: a) Category III, V, VI, part I, section I, V, VIII, part II, section IV, paragraph 56, section VI, part III, section I, part IV, part V the circular No. 03/2007/TT-NHNN dated Jan. 5/6/2007 of the Governor of the State Bank of instructions No. 22/2006/ND-CP dated 28/02/2006 of the Government on the organisation and operation of the foreign bank branch, joint venture Bank, 100% foreign-owned banks, representative offices of foreign credit institutions in Vietnam.
b) Articles 4, 5, 8, 9, 10, 24, 27, 32, 40, item 2 Article 38, the related content to modify and supplement the Charter stipulated in article 41, 42 circular No. 12/2009/TT-NHNN on 26/02/2010 of the State Bank on the instructions of some articles of Decree No. 59/2009/ND-CP dated 16/7/2009 on the Organization and Bank operations trade.
c) Circular No. 03/2009/TT-NHNN dated Jan. 26/3/2010 of the Bank about the licensing of the establishment and operation of joint stock commercial bank.
d) article 1, paragraph 1 article 4 Circular No. 24/2011/TT-NHNN dated Jan. 31/8/2011 on the enforcement options that simplify administrative procedures established field and banking operations under the Government's resolution on the simplification of administrative procedures in the scope of the management functions of the State Bank of Vietnam.
Article 38. Organizing Chief, Chief Inspector, bank supervision, heads of units of the State Bank of Vietnam, the Director of State Bank branch in the province, the city, the President and the members of the Board, Board Member, Chairman and members of the Board, General Director (Manager) of commercial banks , General Director (Director) of the foreign bank branch, head of Representative Office of foreign credit institutions, other foreign institutions have banking activities and organizations and individuals concerned is responsible for the implementation of this circular.