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Law 46/2010/qh12: State Bank Of Vietnam

Original Language Title: Luật 46/2010/QH12: Ngân hàng Nhà nước Việt Nam

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Congress enacted the law on the State Bank of Vietnam.

Chapter I GENERAL PROVISIONS article 1. Scope this law regulates the organisation and functioning of the State Bank of Vietnam.

Article 2. The position and function of the State Bank of Vietnam 1. The State Bank of Vietnam (hereinafter the Bank) is the ministerial body of the Government, is the Central Bank of the Republic of Vietnam Socialist.

2. State Bank is legal, has legal capital of State-owned, is headquartered in capital Hanoi.

3. State Bank make state management functions on currency, banking and foreign exchange operations (hereinafter the monetary and banking); perform the function of a Central Bank release money, banking and credit institutions providing currency services for the Government.

Article 3. National monetary policy and authority to decide national monetary policy 1. National monetary policy decisions on the currency in the country of the competent State agencies, including the decision to target a stable currency value denoted by inflation targets, decided to use the tools and measures to implement its objectives.

2. The National Assembly decides the annual inflation targets are expressed through the consumer price index of decisions and monitoring the implementation of national monetary policy.

3. The President, the duties and powers by the Constitution and the law in the negotiation, signing, joining international treaties on behalf of the State of the Socialist Republic of Vietnam in the field of money and banking.

4. The Government submitted to the National Assembly decides the annual inflation target. The Prime Minister, the Governor of the State Bank to decide the use of the tools and operating measures to implement monetary policy objectives as defined by the national Government.

Article 4. The duties and powers of the State Bank of 1. The activity of the State Bank in order to stabilize the value of money; assure the banking system and the credit institutions; ensure the safety, the efficacy of the national payments system; contribute to promoting socio-economic development under the Socialist orientation.

2. Join the construction of strategic and socio-economic development plan of the country's society.

3. building industry development strategy of the Bank the competent State bodies for approval and implementation.

4. Issued or the competent State agencies issued legal documents about the currency and banking; advocacy, dissemination and checked by authorized legal texts on monetary and banking.

5. Build the annual inflation target to the Government the Parliament decision and implementation.

6. Organizing, operating and developing the money market.

7. The organization of statistical systems, forecasting monetary and banking; public information about the currency and Bank under the provisions of the law.

8. print organization, cast, preservation, transportation of paper money, coins; professional implementation issue, revoke, replace and destroy paper money, coins.

9. the Granting, modification, addition, revoke the license and operation of credit institutions, license, foreign bank branch licenses to establish representative offices of foreign credit institutions, other foreign institutions have banking activities; granted, revoked the license of supply operations services payment for the organization is not a bank; granted, revoked the license of operation providing credit information services to the Organization; approved the purchase, sale, Division, separation, amalgamation, merger and dissolution of credit institutions in accordance with the law.

10. Perform represented the owner of the State's stake in the businesses perform functions and tasks of the Central Bank, credit institutions are State capitals under the provisions of the law; used capital to capital contribution established businesses to perform specific functions and duties of the Bank according to the decision of the Prime Minister.

11. test, inspection, supervision of banks; handle violation of laws on banking and currency in accordance with the law.

12. Decides to apply special processing measures for credit institutions in serious violation of the provisions of the law on currency and banking, financial difficulty, risks causing loss of safety for the banking system, including the purchase of shares of credit institutions; suspension, suspension, dismissal of the Manager position, executives of credit institutions; decide the merger, amalgamation, dissolution of credit institutions; latest credit organizations on the status of special control; perform the task, their powers under the provisions of the law on bankruptcy for credit institutions.

13. the Chair, in cooperation with the authorities policy formulation, planning and implementation of money laundering prevention.

14. Make governance about deposit insurance under the provisions of the law on deposit insurance.

15. the host establishment, monitoring, forecasting and analysis of the results of the international balance of payments.

16. Organize, manage and supervise the national payments system, provides payment services to banks; participate in organizing and supervising the operation of payment systems in the economy.

17. State management on Forex, foreign exchange operations and business activities.

18. the foreign exchange reserve management.

19. Manage the borrowing, debt, loans and foreign debt recovery under the provisions of the law.

20. the Chairman, in collaboration with relevant organs prepared the content, conduct negotiations, signing of treaties with the financial institutions, the international currency which the State Bank is an agent and was the official representative of the loans specified in international treaties according to the assigned , authorization of the President or the Government.

21. Implementation of international cooperation on monetary and banking.

22. The representative for the State of the Socialist Republic of Vietnam in the monetary institutions and international banks.

23. The organization of credit information system and provide credit information services; implement state management functionality for the active organization of credit information.

24. Agents and implementing banking services for the State Treasury.

25. Engage with the Ministry of finance regarding the issuance of government bonds, Government-guaranteed bonds.

26. Training Organization, improving monetary and banking; research and application of science and technology in the Bank.

27. The mission, other rights prescribed by law.

Article 5. The responsibility of ministries, ministerial agencies, people's committees of the Ministry, ministerial-level agencies, the people's Committee in the scope of its powers, duties and coordinate with the State Bank in the management of the State monetary and banking.

Article 6. Explanation of terms In this law, the terms below are interpreted as follows: 1. The banking is the business, often providing one or some of the following services: a) deposits;

b credit grade);

c) provides payment services through your account.

2. Forex includes: a) the coins of other countries or the European common currency and common currency used in international payment and regions (hereinafter referred to as foreign currencies);

b) means of payment in foreign currency, including cheques, payment cards, debt claims, get debt and the means of payment;

c) papers are priced in foreign currencies, including government bonds, corporate bonds, promissory notes, stocks and other papers;

d) foreign exchange reserves in the Golden State, on account of foreign residents; as gold, ingots, granules, pieces in case of carry on and bring out the territory of Vietnam;

DD) coins of the Socialist Republic of Vietnam in the case moved on and moved out of the territory of Vietnam or to be used in international payments.

3. foreign exchange activity is the activity of residents, who do not reside in the current transaction, dealing, using Forex capital on the territory of Vietnam, operation services for Forex and other transactions related to foreign exchange.

4. the State Forex reserve assets by foreign exchange is shown in the balance sheet of the State Bank.

5. Vietnam Dong's exchange rate is the price of a foreign currency in the currency of Vietnam.

6. Money market is where short-term capital transactions.

7. Short-term trading is trading with a duration of under 12 months the valuable papers.

8. Valuable papers is confirming evidence collated between issuers of valuable papers with owners valuable papers in a certain period, the interest conditions and other conditions.

9. national payment system is the system of interbank payments due the State Bank to organize, manage, operate.

10. payment intermediary service is active brokered the connection, transmission and processing of data for electronic payment transactions between institutions providing payment services and payment service users.

11. Inspect the Bank's inspection activity of the State Bank for the Bank Inspector object in the observance of the law on currency and Bank.

12. the Bank is monitoring the activity of the State Bank in the collection, compilation, analysis, information about the object Bank monitoring through information systems, the report aims to prevent, detect, prevent and handle timely risks causing unsafe banking activities, in violation of safety regulations on Bank activities and the other provisions of the law the view.

Chapter II ORGANIZATION of the STATE BANK article 7. The Organization of the State Bank of 1. The State Bank is organized into focused, unified system, including the operating system and the active business unit at head office, branches, representative offices, subsidiaries and others.

2. Organizational structure of the Bank because of government regulations.


3. Organizational structure, duties and powers of the units belonging to State Bank by the Governor of the State Bank regulations, except in the case prescribed in clause 2 Article 49 of this law.

4. The Governor of the State Bank, decided to terminate the operation of branches, representative offices, boards, Advisory Council on issues related to the functions and tasks of the State Bank; decided to establish, terminate the operation under the authority of the subdivisions of State banks active in the field of training, professional training, research, information, scientific arguments banks, provides services related to the operation vault of information technology services, banking and payments , credit information services.

Article 8. Leadership, State Bank operating 1. The Governor of the State Bank is a member of the Government, was head and head of the State Bank; responsible to the Prime Minister, before Congress about state management in the field of money and banking.

2. The Governor of the State Bank has the following duties and powers: a) to organize and direct the implementation of monetary policy under national jurisdiction;

b) organizing and directing duties and powers of the State Bank under the provisions of this law and the provisions of the relevant legislation;

c legal representative) State Bank.

Article 9. Officials and public officials of the State Bank of the recruitment, use, management officials and public servants of State banks in principle follow the provisions of the law on public officials. Prime recruitment mechanism, regulations policies public officials consistent with business activity characteristic of the State Bank.

Chapter III OPERATION of STATE BANK 1 MADE a NATIONAL MONETARY POLICY article 10. Stuff made of national monetary policy State Bank Governor decided to use tools made of national monetary policies, including refinance, interest rates, exchange rates, reserve, open market operations and other measures, according to the regulations of the Government.

Article 11. Refinance 1. Refinance form-level State Bank credit aimed at providing short-term capital and liquidity for credit institutions.

2. State Bank regulations and make the refinancing to credit institutions according to the following form: a) loan secured by pledge of valuable papers;

b) discounting of valuable papers;

c) refinancing other forms.

Article 12. Interest rates of 1. State Bank announced refinancing interest rate, basic rate and the type of interest rates for monetary policy, operating against usury.

2. In the case of currency markets contains unusual happenings, State Bank operating mechanisms regulating the interest rate applicable in the relations between the institutions and with each other and with clients, other credit relationships.

Article 13. Exchange rates 1. The exchange rate of Vietnam is formed on the basis of supply and demand of foreign exchange in the market have of the State.

2. State Bank announced exchange rate, exchange rate, mode decision mechanism of operator rates.

Article 14. Reserve reserve is the amount by which the credit institutions have to submit at the Bank to implement monetary policy.

2. State Bank reserve ratio regulations required for each type of credit organizations and each type of deposits in credit institutions aimed at the implementation of a national monetary policy.

3. State Bank of regulating the interest for deposit reserve requirement, deposits crossed the reserve requirement of each type of credit institutions for each type of deposit.

Article 15. Open market operations 1. The Bank conducted open market operations through the purchase of, sale of valuable papers for credit institutions.

2. State Bank of regulatory paperwork reviews allowed transactions through open market operations.

Article 16. Section Unit 2 release PAPER MONEY, coins of the currency of the Socialist Republic of Vietnam is "bronze", the national symbol is "dd", international symbol is "USD", a plain ten Hao, a dime by ten cents.

Article 17. Issued paper money, coins 1. The State Bank is the only agency issued paper money, coins of the Socialist Republic of Vietnam.

2. Paper money, coins issued by the State Bank is a legal means of payment on the territory of the Socialist Republic of Vietnam.

3. State Bank guarantee supply sufficient quantity and structure of paper money, coins for the economy.

4. Paper money, coins issued into circulation is the property of "debt" for the economy and is balanced by the property "There" of the State Bank.

Article 18. Design, printing, molding, preserve, transport, distribute the money in circulation, money culled 1. The State Bank in denominations of design, size, weight, drawings, patterns and characteristics of money the Prime Minister for approval.

2. State Bank of organizations make printing, minting, preserve, transport, distribute the money in circulation, destruction of money.

Article 19. Handling money torn, damaged the State Bank regulatory classification standard money torn, damaged; in Exchange, recovered the torn, damaged by the process of circulation; do not change the torn, damaged due to acts of destroying.

Article 20. Revoke, replace the money recovered by the State Bank and withdraw from circulation the currency is no longer appropriate and released the other alternative. The withdrawal was in Exchange for the kind of money other than the equivalent value within the time limit stipulated by the State Bank. After the recovery period, the recovery is no longer in circulation value.

Article 21. Money, money template, souvenir NBU held done the design, printing, molding, sold in the country and abroad the model, souvenir money serves for the purpose of collection or other purposes prescribed by the Prime Minister.

Article 22. Issued, check issuing services 1. The Government issued regulations on the release of money services, including printing, minting, preserve, transport, distribute, revoke, replace, destruction of money, the cost of business operations to release the money.

2. examine the Finance Ministry made the print business, casting and destroyed money.

Article 23. The prohibited acts 1. Make counterfeit money; transport, storage, circulation of counterfeit money.

2. Destroy the currency against the law.

3. Refuse to receive, circulate coins eligible for circulation by the State Bank.

4. other prohibited acts under the provisions of the law.

Item 3 loans, guarantees, ADVANCE to the BUDGET article 24. Lending 1. The State Bank for short term loans to credit institutions as defined in point a of paragraph 2 of article 11 of this Law.

2. State Bank review, special lending decisions for credit institutions in the following cases: a) credit organization in lost pay, threaten the stability of the system of credit institutions;

b) credit institutions risk losing power due to a serious incident.

3. non-State Bank loans for individuals, the organization is not a credit institution specified in clause 1 and clause 2 of this Thing.

Article 25. Guarantee State Bank does not guarantee for the Organization, personal loans, unless the guarantee for the credit institutions of foreign loans by decision of the Prime Minister.

Article 26. Advance to State budget State Bank advance to the central budget to handle a temporary shortage of funds the State budget according to the decision of the Prime Minister. This advance must be repaid in the year budget, except by special committees of the National Assembly decided.

Item 4 ACTIVITIES of PAYMENT and BUDGET article 27. Open your account and perform transactions on the account 1. Bank account and perform transactions on accounts in foreign banks, the monetary institutions, international banks.

2. State Bank of open accounts and perform transactions for credit institutions.

3. open Treasury account at the State Bank. In the city, municipal, district, district, town or city in the no branch of the State Bank, the implementation of the transaction for the State Treasury in accordance with the State Bank.

Article 28. The organisation, management, operation, monitoring the national payments system 1. The State Bank of the organisation, management, operation, monitoring the national payments system.

2. State Bank made the management of liquidity in the economy.

Article 29. Treasury services the Bank provides treasury services through the currency, paid to the account holder, the transporter, tally, classification and handling funds in circulation.

Article 30. Agent for the State Treasury State Bank as agent for the State Treasury in the tender, issuance, custody and Treasury bills payments, Treasury bonds.

Section 5 FOREIGN EXCHANGE MANAGEMENT and FOREIGN EXCHANGE ACTIVITIES article 31. The duties and powers of the State Bank of Foreign Exchange Management and foreign exchange operations 1. Managed Forex and Forex use on the territory of Vietnam under the provisions of the law.

2. The organization and development of foreign exchange market.

3. Granted, revoked the license of foreign exchange activity for credit institutions, other institutions have foreign exchange activities.

4. The Prime Minister decided the measures limiting foreign exchange transactions to ensure financial security, the national currency.

5. Organize, manage, participate in Interbank Forex market.

6. duties and powers of the foreign exchange management and foreign exchange operations in accordance with the law.

Article 32. Management of foreign exchange reserves to the State 1. State foreign exchange reserves include: a) of foreign currency cash deposits in foreign currency abroad;

b) securities, other valuable papers in foreign currency by the Government, foreign organizations, international organizations and released;

c) special drawing rights, the reserve at the International Monetary Fund;

d) of gold by the Bank Manager;

DD) other currencies of the State.


2. State Bank of foreign exchange reserve management of the State under the provisions of foreign exchange legislation aimed at implementing national monetary policy, ensuring the possibility of international payments and foreign exchange reserve conservation State.

3. The Prime Minister decides the use of foreign reserves for unexpected needs, urgency of the State; case of using foreign exchange reserves to the State lead to change the budget estimates shall comply with the provisions of the law on the State budget.

4. State Bank reports the Prime periodically and irregularly on the management of foreign reserves.

5. The Ministry of finance to check the management of foreign reserves by the Central Bank to follow government regulations.

Article 33. The foreign exchange operations of the Bank of the State Bank made the purchase, the sale of foreign exchange on the domestic market because of the goal of national monetary policies; buy, sell on the Forex international market and perform other transactions according to the regulations of the Prime Minister.

Article 34. Buy, sell, exchange between the foreign exchange reserves of the State with the State budget the Prime currency rate regulation the Treasury was withheld from the budget revenues to spend on foreign exchange expenditures of the State budget. The number of foreign currency left the Finance Ministry to sell State foreign exchange reserves concentrated in the State Bank.

Item 6. INFORMATION ACTIVITIES, Report 35. Responsible for providing the information for the State Bank 1. The Organization, individuals are responsible for providing the information for the State Bank to build the monetary balance sheet, build Vietnam's balance of payments and evaluation, forecasting the development trend of the currency markets in order to serve the construction and administration of national monetary policies , foreign exchange management.

2. credit institutions are responsible for providing information, statistics at the request of the State Bank to reviews, inspections, monitoring the situation of operation of the system of credit institutions and of individual credit institutions.

3. State Bank Governor rules the object, process, scope, type of information, and the method of providing the information prescribed in clause 1 and clause 2 of this Thing.

Article 36. The principle of providing information by organizing information, individual offers for the State Bank to guarantee the accuracy, integrity, completeness, timeliness.

Article 37. The Mission of the State Bank on activity information 1. In information activities, the State Bank has the following duties: a) organized the receipt, use, storage, supply and disclosure of information consistent with the rule of law;

b) organizes, supervises the provision of customer credit information related to credit institutions for credit institutions;

c) guide providing information and urge, check the implementation provides information of the Organization, the individual provisions of the law.

2. the Bank has the responsibility to proclaim jurisdiction the following information: a) advocates, policy, laws on banking and currency;

b) decided by the Governor of the State Bank on currency and Bank;

c) situation in the monetary and banking developments;

d) notice concerning the establishment, purchase, sale, Division, separation, consolidation, merger, bankruptcy or dissolution of the credit organization;

DD) financial results and activities of the Bank in accordance with the law.

Article 38. Protect confidential information 1. The State Bank has the responsibility to set up the list, change the password, the secret state secrets about the monetary and banking sector sent the State Agency has the authority to decide; protecting the secrets of the State Bank and of the Organization, the individual provisions of the law.

2. the Bank is entitled to refuse the request of the organization or individual about providing confidential information about money and banking, unless at the request of the competent State agencies as prescribed by law.

3. Public Bank officials to keep secret the information activity of the State Bank, of the credit institution and the secret funds of the Organization, the individual provisions of the law.

Article 39. Statistics, analysis, forecasting the Central Bank monetary statistics organization, collect information on economy, currency and domestic and foreign banks to serve the research, analysis and predictions of currency evolutions to build and operate a national monetary policy.

Article 40. Activity report 1. The Prime report or delegated to the Governor of the State Bank report to Congress the results of national currency policies annually, report and explanation about the problem yet before Parliament, the Standing Committee of the National Assembly and the bodies of the National Assembly; timely provision of information, documents required for Congress's agency when requested to monitor the implementation of national monetary policy.

2. State Bank of Government reports the following: a) the situation of the monetary and banking developments periodically 6, and annually;

b) annual financial statements were audited.

3. State Bank offers for ministries, ministerial agencies reporting under the provisions of the law.

Article 41. Publishing activities the State Bank held publication of publications on banking and currency in accordance with the law.

Chapter IV financial, ACCOUNTING of STATE BANK Article 42. Capital capital of the Bank by the State budget. The level of capital of the Bank by the Prime Minister to decide.

43 things. Currency, finance, financial expenditure of the State Bank in principle follow the provisions of the law on the State budget. Prime the currency regulation, financial expenditure consistent with business activity characteristic of the State Bank.

Article 44. Financial results annual financial results of the Bank are determined by the source currency banking activity and the other source of revenue, after subtracting operating costs and reserves for risks.

Article 45. The Bank Fund is taken from annual financial results to the following Fund: a Fund) a policy of national currency;

b) financial reserve fund;

c) other Funds due to the Prime Minister to decide.

The levels of extract and the use of the Fund in paragraph 1 of this article follow the regulation of the Prime Minister.

The financial results of the Bank after the excerpts set up the Fund in paragraph 1 of this article are filed on the State budget.

Article 46. Accounting bank accounting done by the Vietnam's accounting standards and accounting mode according to the particularities of the Central Bank in accordance with the Prime Minister.

Article 47. Audited annual financial statements of the Bank are audit and State Audit confirmation.

Article 48. Fiscal year the fiscal year of the Bank starting from July 1 and ends on December 31 of the calendar year.

Chapter V INSPECTION of BANK SUPERVISION, Article 49. Inspection Agency, monitoring the Bank 1. Inspection Agency, oversees the Bank's unit in the organizational structure of the State Bank, performing the duties of bank supervision, inspection, prevention of money laundering.

2. Prime the specific provisions about the Organization, duties and powers of the Ombudsman, the Agency overseeing the Bank.

Article 50. The purpose of the inspection, the Inspector Bank monitoring, monitoring the Bank aims to contribute to ensure the development of safe, healthy system of credit institutions and the financial system; protect the legitimate rights and interests of depositors and customers of credit institutions; maintain and enhance the confidence of the public with regard to the system of credit institutions; ensure the observance of the policy, laws on banking and currency; contribute to improving the efficiency and effectiveness of State management in the field of money and banking.

Article 51. Principles of banking supervision, inspection 1. Inspection, monitoring the Bank must comply with the law; ensure accurate, impartial, honest, open, democratic, timeliness; do not impede the normal operation of the Agency, organization, the individual is subject to inspection, monitoring Bank.

2. Combine the inspection, monitoring the observance of policy, legislation on the currency and Bank with the inspection, monitoring risks in the operation of the object Inspector, supervising the Bank.

3. banking supervision, inspection is performed according to the principles of inspection, monitoring all activities of credit institutions.

4. banking supervision, inspection is made under the provisions of this law and the provisions of the relevant legislation; where there is no difference between the provisions on inspections, monitoring the Bank of this law with the provisions of the other laws shall follow the provisions of this law.

5. The Governor of the State Bank regulatory sequence, the Ombudsman procedure, bank supervision.

Article 52. The object Inspector of the Bank State Bank of India inspected the following objects: 1. Credit institutions, branches of foreign banks, representative offices of foreign credit institutions, other foreign institutions have banking activities. In case of need, the Bank requested the competent State Agency inspectors or inspection coordination subsidiary, affiliate or of credit institutions;

2. The organization of activity Forex, gold trading activities; organized credit information activities; the supply organization of intermediary payment service is not a bank;

3. Agencies, organizations, individuals and organizations, Vietnam, foreign individuals in Vietnam in the implementation of the provisions of the law on banking and currency in the scope of the governance of the State Bank.

Article 53. Rights, obligations of Bank inspectors object 1. Perform inspection conclusions.

2. Implementation of the right, the obligation under the provisions of the law.

Article 54. The decision to base the inspection decision inspector must on the basis of one of the following bases: 1. program, planned inspections;

2. The request of the Governor of the State Bank;

3. When signs violate the law;

4. When there are signs of risks threaten the safe operation of the credit institution.


Article 55. The Inspector content Bank 1. Inspection of the observance of laws on banking and currency, the implementation of the provisions of a licence issued by the State Bank.

2. Review, assess the level of risk, risk management capacity and financial situation of the Bank Inspector object.

3. Recommendations-State Agency has the authority to modify, Supplement, cancel or enact legal texts meet the requirements of the State management of currency and banking.

4. Recommendations, asking banking Inspector object has a limited measure, reduce and treat risks to assure the banking operations and the prevention, halting the action leads to the violation of the law.

5. Detection, deter and handle according to the authority; recommendations to the competent State agencies handled violated the law on currency and Bank.

Article 56. The object of monitoring State Bank Bank do banking supervision for all activities of credit institutions, branches of foreign banks. In case of need, the Bank requested the competent State Agency overseeing or coordinating monitoring of subsidiaries, associated companies of the credit organization.

Article 57. Rights, obligations of the monitoring object Bank 1. Provide timely, complete, accurate information and documents required by the inspection bodies, the banking supervision; responsible before the law for the accuracy, truthfulness of the information, the materials were provided.

2. The report, explanations for recommendations, risk warnings and safe operation of the inspection bodies, the banking surveillance.

3. Make recommendations, risk warnings and safe operation of the inspection bodies, the banking surveillance.

Article 58. Monitoring content Bank 1. The collection, synthesis and processing of the materials, information, data, at the request of bank supervision.

2. Review, monitoring observance of the safety rules on banking activities and the other provisions of the law on currency and Bank; the implementation of the conclusions and recommendations, to decide the handling of inspections and recommendations, warnings about banking supervision.

3. Analysis, reviews the financial situation, operation, management, operating and risk level of the credit organization; rated credit institutions every year.

4. Detect, warn of risk losing secure banking operations and risk leading to violation of laws on banking and currency.

5. Make recommendations, propose measures to prevent, deter and handle risk, violate the law.

Article 59. Handle the Inspector object, monitor Bank 1. The Inspector object, monitor the Bank violated the law on currency and Bank depending on the nature and extent of the violation that severely disciplined, sanctioning administrative violations or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law.

2. Depending on the nature and level of risk, the Bank also applies the following processing methods for the object Inspector, Bank monitoring: a) dividend restrictions, transfer of shares, transfer of assets;

b) limiting the expansion of the scope, scale and geographical activity;

c) restrict, suspend, temporarily suspended a or some banking activities;

d) requires credit institutions to raise capital to meet the security requirements of banking activities;

DD) requires credit institutions to transfer capital or equity; major shareholders, shareholders took control, dominant to the transfer of shares;

e) decided to restrict credit growth for credit institutions in the case of necessary safety guarantees for credit institutions and credit institutions system;

g) apply one or some of the safety ratio is higher than the prescribed level.

Article 60. Coordination between the State Bank with ministries, ministerial-level agencies in inspection activities, monitor Bank 1. The State Bank in collaboration with ministries, ministerial agencies concerned to exchange information about the inspection, monitoring activities in the financial sector, the Bank under the control of management.

2. State Bank chaired, in coordination with the competent State agencies, inspectors overseeing credit institutions; in collaboration with the competent State agencies, inspection monitoring of subsidiaries, associated companies of credit institutions as defined in article 52 and article 56 of this law.

Article 61. Coordinating inspection, monitoring between Bank State Bank with the competent agency Inspector, supervisor of the foreign banks 1. State Bank of exchange of information and coordination with the competent authorities, inspection of foreign bank supervision in the Inspector, the Inspector object monitoring, monitoring foreign banks operating on the territory of Vietnam and object inspection, supervision of banking activities Vietnam abroad.

2. State Bank of agreement with competent Agency inspectors, surveillance of foreign banks on the form, content, and information exchange mechanisms to coordinate inspections, monitoring, consistent with the provisions of the law of Vietnam.

INTERNAL AUDIT chapter VI Article 62. Internal audit 1. The internal audit unit in the organizational structure of the Bank, implementing internal audit and internal control State Bank.

2. Regulations of internal audit, internal control by the Governor of the State Bank.

Article 63. The audience, objectives and operating principles of internal audit 1. The object of the internal audit units in the State banking system.

2. The objective of the internal audit's reviews of the effectiveness of internal control activities in order to ensure the reliability of financial reporting, the effect of the activities, in compliance with the law, regulations, processes of the State Bank, secure property.

3. internal audit activities are performed according to the following rules: a) comply with the law, regulations, processes, plans had been Governor of the State Bank for approval;

b) ensure independent, impartial, honest, keep state secrets and the secrets of the audited unit;

c) does not impede the normal operation of the unit audited;

d) internal audit access to documents, records, transactions and other necessary documents of the audit object to perform the audit objectives.

Article 64. The duties and powers of internal audit 1. Perform an audit of all the units in the State banking system consistent with the audit plan has been approved by or at the request of the Governor of the State Bank.

2. Make a financial audit, operational audit and other tasks of the State Bank.

Chapter VII ENFORCEMENT PROVISIONS to article 65. Effect 1. This Act has effect from January 1, 2011.

2. The law on the State Bank of Vietnam no. 01/1997/QH10 and the law amending and supplementing some articles of the law on the State Bank of Vietnam number 10/2003/QH11 expired from the day this law is in effect.

Article 66. Detailing and guiding the implementation of government regulations and detailed guidelines for implementing the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.

This law was the National Assembly of the Socialist Republic of Vietnam XII, session 7 through June 16, 2010.