The LAW on credit institutions to ensure that the activities of credit institutions are healthy, safe and effective; protect the interests of the State, the legitimate rights and interests of organizations and individuals; contributing to the implementation of national monetary policies, development of the economy of goods according to the market mechanism, the management of the State, socialist-oriented;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
This law regulates the Organization and activities of the credit institution and its banking activities with other organizations, chapter I GENERAL PROVISIONS article 1. Scope this law regulates the Organization, the activities of the credit institution and its banking activities with other organizations in the Socialist Republic of Vietnam.
Article 2. Application of the law of credit institutions and the relevant law, the Organization and operation of credit institutions, the banking activities of the other institutions must comply with the provisions of this law and other relevant regulations of the law. Specific government regulations on the banking activities of other organizations.
Article 3. Application of international treaties and international customs in foreign banking operations 1. In the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise with provisions of this law, shall apply the provisions of international treaties.
2. The parties active participants the Bank may agree to apply the international customs, if not contrary to the customs legislation of the Socialist Republic Vietnam.
Article 4. The State's policy of building the kind of credit institutions 1. Unify management of all activities of the Bank, the construction of the system of modern credit institution, sufficient to meet the needs of capital and banking services for the economy and the population, contributing to the implementation of national monetary policies, secure system for credit institutions, protect the legal interests of depositors.
2. The investment of capital and other resources to develop the State credit institutions, enabling these organizations to keep dominant role and main force on currency markets.
3. Development Bank operational policy the non profit serving poor people and the other aimed at policy objects implement the socio-economic policy of the State.
4. Protection of property rights, other rights and legitimate interests in the activities of the credit institutions in order to create conditions for cooperation workers assistance in production and life.
5. Build the banks serving agriculture, rural development and farmers with preferential policies on loans, interest rates and loan terms.
Article 5. The credit policy of the State has a policy of encouragement of domestic resources is key and a maximum of resources abroad; expand credit investment, contributing to the liberation of all the production capacity, promote all the potential of the economic component, guaranteed for State enterprises to keep dominant role; keep to the Socialist orientation, national sovereignty; secure financial system, national currency; expand collaboration and integration; implementing industrialization and modernization of the country; contribute to meeting the requirements of socio-economic development, ensuring defense, security and improve the lives of the people.
Article 6. Credit policy for State enterprises have credit policies state capital, loan conditions for State enterprise, create conditions for business innovation, modernization of equipment technology, expansion of production, effective business, the dominant role in the national economy contributing to the social-economic development of the country.
Article 7. Credit policy for cooperatives and other forms of economic cooperation State credit policy facilitating capital, loan conditions to support cooperatives and other forms of economic cooperation and development; ensuring the sector along with the economic cooperation became the Foundation of the national economy.
Article 8. Credit policy for agriculture, rural areas and farmers State has preferential policies on loans, interest rate, loan period, conditions for agriculture, rural areas and farmers to contribute to construction of the facilities, infrastructure, promoting economic restructuring in agriculture development, production of the goods, implement industrialization and modernization of agriculture and the countryside.
Article 9. Credit policy for mountain regions, Islands, remote areas, regions with socio-economic difficulties the State has preferential policies on loans, interest rates, conditions, duration of loans, expanding economic development investment goods, making the mountain economy, Islands , the remote areas and regions with socio-economic difficulties.
Article 10. Credit policies for the poor and other policy objects 1. The State has preferential policies on loans, interest rate, loan term and conditions for the poor, the other policy object to conditions of production, business development.
2. The State has preferential policies on the interest rate, loan term and conditions for poor students to study conditions.
Article 11. International cooperation in the field of unified State Bank management, has extended policies of international cooperation in the banking sector on the basis of respect for independence, sovereignty, equality, mutual benefit in the direction of diversification, diversification; encourage the mobilization of the credit capital from abroad to invest in the economic development in Vietnam; create conditions for credit institutions to strengthen cooperation with foreign countries in order to improve the performance of the organisation.
Article 12. The type of credit institutions 1. Vietnam's credit institutions including: credit institutions, credit institutions of the State and the people, the institutions cooperate.
2. According to the needs necessary for the socio-economic development of the country, the State allowed the establishment of credit institutions, credit institutions Africa 100% foreign-owned banks operating in Vietnam; allows to open in Vietnam branch of the foreign bank.
Foreign credit institutions can open representative offices in Vietnam. A representative office is not done business in Vietnam.
3. credit institutions Only have qualified under the provisions of the new law be allowed to fulfill the professional currency trading and banking services, serves most areas of socio-economic activities.
Article 13. The banking activities of the Organization are not credit institutions 1. Organizations that are not credit institutions can be the State Bank allowed perform some operation when the Bank meets the provisions in clause 2 Article 22 of this law.
2. The organizer is not credit institutions have banking activities must comply with the provisions of this law are relevant to the activities of the Bank.
Article 14. The right to operate the Bank every organization is eligible under the provisions of this law and other provisions of the law are State Bank of licensed operation shall be done part or full banking operations in Vietnam.
Article 15. Business autonomy

The credit institutions have the right to autonomy and self responsible of its business results. Not an organization, individuals would be unlawful interference in the autonomy of the business of credit institutions. Credit institutions have the right to refuse the request to grant credit, which provides banking services, if found ineligible, not effective, is not consistent with the law.
Article 16. Cooperation and competition in banking activities 1. The banking institutions cooperate and compete.
2. Prohibited acts competition illegal, damaging to the policy of national currency, security system of the credit institution and the legitimate interests of the parties.
3. illegal competition behaviors include: a) the illegal promotion;
b) false information damaging the interests of other credit institutions and by the customer;
c) speculation of currency markets, gold, foreign currencies;
d) the acts of illegal competition.
Article 17. Protect the rights of depositors in credit institutions have the responsibility: 1. To join the conservation organization or deposit insurance; the level of conservation or insurance due to government regulations;
2. Facilitate the customers send and withdraw money as required; guaranteed paid in full, timely principal and interest of any deposit;
3. Ensuring the confidentiality of customer deposit balances; denying the investigation, seal, hold, transfer funds without the consent of the customer, unless otherwise specified by law;
4. Public notice of deposit interest rates.
Article 18. Transaction time credit institutions have to announce the time of the transaction and not be arbitrarily stopped by the time the transaction was announced. In the case of stop trading, credit institutions are listed in the slowest trading place is 24 hours before the time of the stop.
Article 19. Liable for the sums of illegal origin.
1. Credit institutions and other institutions have banking activities not be concealed, perform any service relating to the funds have had evidence of illegal origin.
2. In case of the detection of illegal signs, credit institutions and other institutions that operate the Bank must immediately notify the competent government agency.
Article 20. Explanation of terms In this law, the terms below are interpreted as follows: 1. business credit institutions established under the provisions of this law and other provisions of law to the business activities of currency, bank service with content to receive deposits and use the deposits to credit level the provision of payment services.
2. The Bank is the type of credit institutions is done the entire banking activities and other business activities are concerned. According to the nature and objectives, the type of the Bank including commercial banks, development banks, investment banks, banking policy, cooperative bank and the type of other banks.
3. non-bank credit organizations is the type of credit institutions is done some banking activities as business content frequently, but do not receive non-term deposits, payment services do not. Non-bank credit organizations include finance companies, financial leasing companies and non-bank credit organization.
4. foreign credit institutions are credit institutions established under foreign law.
5. Institutions and institutional cooperation currency trading and banking service, by institutions, individuals and households voluntarily established to banking activities under this law and the law on cooperatives aimed mainly different production development assistance, business and life. Cooperative credit institutions include banking cooperation, the people's credit funds, credit cooperatives and other forms.
6. Major shareholders are individuals or entities owning over 10% of the capital or the holding on 10% of the equity voting power of a credit organization.
7. Bank activity is the activity of currency trading and banking services with regular content is getting deposits, use this money to grant the credit and payment services provision.
8. Operating credit is the credit institutions using own funds mobilized, to grant the credit.
9. Deposit is the amount of customers sending in credit institutions in the form of non-term deposits, term deposits, savings deposits and other forms. Deposit interest rate or not entitled to enjoy the interest and must be returned to depositors.
10. Granting credit is the credit institution deals to customers who use a sum of money to have the repayment rules for borrowers, discount, financial leasing, bank guarantees and other services.
11. Financial Leasing is active, medium-term and long-term credit on the basis of a contract for lease between lessor's credit organization with clients. At the end of the rental period, the customer is acquired or continue to rent the property according to the conditions agreed in the lease. During the term of lease, the parties cannot be unilaterally cancelled the contract.
12. bank guarantee is committed by credit institutions to have the right side on the implementation of financial obligations to the client when the client does not perform true obligation was committed; the customer must accept the debt and repayment for credit institutions amount to have been paid instead.
13. Capital letters consisting of the real value of capital, the reserve funds, a number property that "debt" of credit institutions as defined by the State Bank. Own capital is the base for calculating the percentage guaranteed safe in Bank operations.
14. The discount is the credit institutions buy and trade votes, other short-term valuable papers of the beneficiary prior to the payment deadline.
15. Re discounting is the acquisition and trade votes, other short-term valuable papers that have been discounted before payment due.
 
CHAPTER II ORGANIZATION and OPERATION of CREDIT INSTITUTIONS section 1 ESTABLISHMENT LICENSING and OPERATION article 21. Licensing authority to establish and operate the State Bank's competent authority granted the license to establish and operate for credit institutions and banking activity license for other organizations under the provisions of this law and other provisions of the law.
Article 22. Conditions to be granted a license to establish and operate 1. The conditions to be granted a license to establish and operate the Bank for credit institutions include: a) has a needs of local banking activities please active;
b) capitalization prescribed in article 83 of this Act;
c) founding members are organizations, individuals and financial capacity;
d) administrators, executives have the capacity for civil acts and full qualification match each type of credit institutions;
DD) Organization Charter, operations consistent with the provisions of this law and other provisions of the law;
e) Have viable business plans.
2. The conditions to be granted a license for banking activities held are not credit institutions include: a) banking activities is essential and closely related to the main activity;
b) has enough capital, material conditions consistent with the requirements of banking activities;
c) Have staff knowledgeable banking activities;
d) Have viable business plans on banking activities.
Article 23. Application for a license to establish and operate 1. Application for a license to establish and operate for credit institutions include: a) an application for a license to establish and operate;
b) draft Charter;

c) active 3 years approach, which stated the economic benefits and efficiency of Bank operations;
d), résumé, list the certification diploma, professional qualification of the founders, the members of the Management Board, supervisory board and General Director (Director);
DD) level equity capital contribution projects and a list of the individual, the Organization, which is;
e) financial situation and other relevant information regarding the major shareholders;
g) approval of the people's Committee of the authority regarding the seat of the credit institution.
2. Application for a license for banking activities held are not credit institutions include: a) the application for a license the Bank operations;
b) decision or a license, certificate of business registration the current professions;
c);
d) list, biographies of the members of the Management Board, the Director-General (Executive Director), the Control Board (if any);
financial situation) 3 years;
e) active approach the Bank.
Article 24. The term license within 90 days of receipt of the full application for a license to establish and operate for credit institutions, the banking license for organizations that are not credit institutions, the Bank must grant or refuse to grant the license. In case of refusal to license, State Bank must have text explaining the reason.
Article 25. Licensing fees the organization licensed must pay a license fee in accordance with the law.
Article 26. Use of license 1. The Organization was granted a license to use the correct names and correct functioning of the content specified in the licence.
2. Prohibition of fake, erasing, transfer, lease, borrow the license.
Article 27. Business registration after being licensed, the credit institution must register the business under the provisions of the law.
Article 28. Operating conditions 1. To conduct banking operations, credit organizations licensed to have enough of the following conditions: a) Charter is the standard State Bank y;
b) Have a certificate of business registration, have enough capital and headquarters are consistent with operational requirements of the Bank;
c) part capital contributed by the money to be deposited into the account blocked do not enjoy the open interest in State Bank before the minimum 30-day operation. This is unfreeze capital after active credit institutions;
d) Posted the central message, as defined by local law for the content specified in the licence.
2. To conduct banking activities, the organization is not the credit organizations licensed banking activities must have the following conditions: a) is the business registration certificate, based business consistent with operational requirements of the Bank;
b) Posted the central message, as defined by local law for the content specified in the licence.
3. Within a period of 12 months from the date of license, organizations are state-licensed banks must operate.
Article 29. Revocation of license 1. Licensed organizations can license revoked in the event of one of the following cases: a) There is evidence in the application license have the information deliberately falsify the truth;
b) After the time limit specified in article 28 of this law which are not active;
c) voluntarily or be competent State agencies forced to dissolve;
d) Split, merger, consolidation, bankruptcy;
false purpose activities);
e) do not have enough of the conditions specified in paragraph 1 and 2 of this Law 28.
2. After the license is revoked, the Organization must immediately terminate the banking operations.
3. The decision to revoke the licenses of State Bank announced on the mass media.
Article 30. The Charter 1. The Statute of the credit organization must have the following principal contents: a) the name and place of headquartered;
b) the contents and scope of activity;
c) the time limit for the operation;
d) capital and capital contribution method;
DD) duties and powers of the Board, General Director (Director) and Control Board;
e) election practices, appointment and dismissal of members of the Management Board, ceo (Director) and Control Board;
g) rights and obligations of the shareholders;
h) the principles of finance, accounting, audit and internal audit;
I) The case of dissolution, the procedure of dissolution;
k) revision.
2. The Charter of the Organization of credit only made after State Bank of medical standards, except where the law otherwise.
Article 31. The changes must be approved 1. Credit institutions must be approved by the State Bank in writing before a change in the following points: a) the name of the credit institution;
b) capital Levels, the level of capital;
c) location based, transaction, branches, representative offices;
d) content, scope and duration of the activity;
DD) transfer of shares are bearer too regulation rate State Bank;
e) rate of shares of major shareholders;
g) members of the Management Board, ceo (Director) and member of the Supervisory Board.
2. After being approved by the State Bank, credit institutions must be registered with the competent State agencies about changes to the provisions in clause 1 of this article and to post the central message, as defined by local law.
Item 2 ORGANIZATIONAL STRUCTURE of CREDIT INSTITUTIONS Article 32. Open transaction, branches, representative offices; establishment of the company, the credit institutions are allowed: 1. open the Exchange, branches, representative offices in other areas in the country, outside the country where there is active demand, including the municipal headquarters, after the Bank approved in writing;
2. Established companies having legal personality, independent accounting by which self has to work on some areas of finance, banking, insurance as prescribed by the Government;
3. Establish business units after it is approved by the State Bank.
Article 33. Conditions, profile, open procedure, transaction, branches, representative offices, founded the company 1. Credit institutions can be open transaction, branches, representative offices, founded the company under the provisions of article 32 of this law when the following conditions: a) has a minimum operating time according to the regulations of the Bank;
b) operations with interest; healthy financial situation;
c) administrative apparatus, operating and internal inspection system operates effectively;
d) information systems meet the regulatory requirements;
DD) does not violate the rules of safe in Bank operations, and the other provisions of the law.
2. Records procedure, please open the Exchange, affiliates, representative offices, the establishment of credit institutions follow the regulation of the State Bank.
Article 34. Split, split, consolidation, merger, acquisition, dissolution of the separation, separation, consolidation, merger, acquisition, dissolution of credit institutions must be approved by the State Bank in writing.
Article 35. The link between the cooperative credit institutions credit institutions of cooperation are linked with each other right in the reconcile and financial support to enhance assistance to ensure safety and efficiency in the operation of individual organizations.
Section 3 EXECUTIVE management and CONTROL Article 36. Management, administration, control 1. The elected, appointed, dismissed the President and the other members of the Board, the Chairman and the other members of the Board of control, General Director (Director) of the credit institutions is done according to the provisions of the law.

2. The Chairman and the other members of the Board, the Chairman and other members of the Board of control, General Director (Director) of the credit institutions have to be Governor of the State Bank of the medical standards or was Governor of the State Bank of authoritative medical standard, unless appointed by the Prime Minister.
Article 37. The Board 1. The Board of management function institutions according to the provisions of this law and other provisions of the law.
2. The Board members have a minimum of 3 people, including those with prestige, professional ethics and knowledge of Bank operations.
3. The Chairman and the other members of the Board are not authorized for those who are not members of the Board perform the task, their powers.
4. The Chairman of the Board is not at the same time is the Director-General (Executive Director) or Deputy Director (Deputy Director) credit institutions, unless the law otherwise.
5. The Chairman of the Management Board of the credit institution is not allowed to join the Board or join other credit institutions operating, unless that organization is the company of credit institutions.
Article 38. Control Board 1. Supervisory Board of the credit institution operating under the provisions of this law and other provisions of the law.
2. Control Board has the task of checking the financial operations of credit institutions; supervise the observance of accounting mode, operation of the system of inspection and internal audit of credit institutions.
3. Control Board of the credit organization has a minimum of three people, including a man who was the Chief and at least half of the members are professional.
4. Control Board members must meet the qualification requirements and professional ethics by the State banking regulations.
5. Control Board used the test system and internal audit of credit institutions to perform their duties.
Article 39. Director-General (Executive Director) 1. General Manager (Director) of the credit institutions is the person responsible to the Executive Board the daily activities according to the duties and powers in accordance with the provisions of this law and other provisions of the law.
2. the Director-General (Executive Director), Vice President (VP) of the credit institutions must have the following criteria: a) Must reside in the current time in Vietnam;
b) Have expertise, operating capacity of a credit organization according to the provisions of the State Bank.
Article 40. Who was not a member of the Management Board, supervisory board, who runs 1. The following people are not elected to the Board, supervisory board or appointed ceo (Director), Vice President (VP): a) are being prejudice criminal liability;
b) was convicted on charges of serious breach of national security, serious crimes violating Socialist property, property of citizens; the serious economic crime;
c) Has been convicted of other crimes that have not been deleted;
d) has served as a member of the management board or the Director-General (Executive Director) of a company that went bankrupt, except in the case specified in paragraph 2 to article 50 of the law on bankruptcy of enterprises;
DD) has served as the legal representative of a company suspended operations due to serious law violations.
2. Father, mother, wife, husband, son, brother, siblings of the members of the Management Board, ceo (Director) is not a member Board, Chief Accountant of the same credit institution.
ITEM 4 CHECK SYSTEM, INTERNAL AUDIT Article 41. The system checks the internal audit, credit institutions must establish check system, internal audit operating apparatus in the Director-General (Executive Director) operating smoothly, safe and lawful professional activities of credit institutions.
Article 42. Check The internal credit institutions must regularly examine the observance of the law and the internal regulations; direct examination of the business activities on all the fields in the transaction, branches, representative offices and affiliated companies.
43 things. Internal audit credit institutions have to audit a business activities each period, each sector in order to assess the results of operations and financial situation.
Article 44. Inspection reports, internal audit test results, internal audit must be reported promptly to the Director-General (Executive Director), the Management Board and the Supervisory Board.
 
CHAPTER III OPERATION of CREDIT INSTITUTIONS section 1 45 Capital MOBILIZATION. Receive deposits 1. The Bank received deposits of organizations, individuals and other credit institutions under the non-term deposit form, term deposits and other deposit types.
2. non-bank credit organization be accepted term deposits from a year or more of individual organization according to the provisions of the State Bank.
Article 46. The release of valuable papers when he was Governor of the State Bank approval, credit institutions are issuing certificates of deposit, bonds and other valuable papers to mobilize capital of organizations, individuals in the country and abroad.
Article 47. Loans between credit institutions credit institutions are each other's loans and of foreign credit institutions.
Article 48. The State Bank's loans credit institutions are banks are short-term loans of State banks in the form of refinancing under the provisions of article 30 of the law on the State Bank of Vietnam.
Category 2 CREDIT OPERATIONS Article 49. Credit grade credit organization be granted credit for the Organization, personal loan forms, negotiable discount and other valuable papers, guarantees, leasing and other forms prescribed by the State Bank.
Article 50. Types of loans 1. Credit institutions for the Organization, short term personal loans to meet capital needs for production, business, service, life.
2. Credit institutions for the Organization, personal loans, medium-term and long-term implementation of the investment project for production, business development, customer service, life.
Article 51. The credit contract loans must be established as a credit contract. Credit contracts must have content about the conditions of the loan, the loan use, loan forms, loan amount, interest rate, loan term, secured form, the value of the secured property, the method of repayment and other commitments are the parties to the agreement.
Article 52. Secured loan 1. Credit institutions actively looking for production projects, the business viable, effective and have the ability to repay the debt to the lender.
2. Credit institutions on the basis of loans secured by mortgage, pledge assets of the borrower, the guarantee of a third party; not lend on the basis of the pledge by major stock of lending credit institution.
3. The loans secured by the assets formed from the loan and the loan is not secured by assets for clients is done according to the regulations of the Government.
4. Credit institutions of State are unsecured loans as directed by the Government. Losses due to objective causes of this loans handled by the Government.
Article 53. Loan review, examine the use of loan 1. Credit institutions are asked to provide documents proving viable business plans, financial ability and of the guarantor before deciding to borrow.
2. Credit institutions have to loan review is organized according to the principle of delineation of responsibilities between the appraisal and lending decisions.

3. Credit institutions must check the monitoring process, loan, loan and repayment of the client.
Article 54. Terminate processing, loan debt, interest rate adjustment 1. Credit institutions have the right to terminate the loan, debt collection before maturity when the customer provides false information, violation of the credit contract.
2. In case the customer does not pay the due debt, if the party has no other agreement, the credit institution has the right: a) sell the property pledge to recover debt; transfer, sell mortgage assets to recover the capital in a given time limit prescribed by law;
b) requires the guarantee service guarantee;
c) petitioner violate the contract credit and guarantor under the provisions of the law.
3. In case the borrower or the guarantor does not pay the debt due to the bankrupt, the recovery of the debt by credit institutions is done according to the provisions of the law on enterprise bankruptcy.
4. Credit institutions are free, reduced interest charges; the extension of debt; the sale of the debt according to the regulations of the State Bank. The island of the debt are made according to the regulations of the Government.
Article 55. Keep credit records 1. Credit institutions must keep credit records include: a) credit contracts and documents stating the purpose of use of capital, the legal bases of the secured property (if any);
b) report the financial status of the client, of the guarantor;
c) the decision to grant credit to have the signature of the authorized person; in the case of collective decisions, to have the minutes, stating the decision was passed;
d) material arising during the use of loans related to a credit contract.
2. The time limit for filing of credit is made according to the provisions of the law.
Article 56. Rights and obligations of borrowers 1. Borrowers have the following rights: a) refused the request of the credit institution does not meet the contractual agreement of credit;
b) appeal, petitioner refusing to lend no base and the credit contract violation according to the provisions of the law.
2. The borrower has the following obligations: a) offers a full, honest information, documents related to the loan and is responsible for the accuracy of the information, this document;
b) using the correct loan purpose and done right the other content deals in the credit contract;
c) repay the principal and interest loan as agreed in the credit contract;
d) responsible before the law when not done properly the credit contract.
Article 57. Discount, discount, pledge trade votes and the other short-term valuable papers 1. Credit institutions are granted credits in the form of discount vouchers and trade the other short-term valuable papers. The owner of the votes and the other short-term valuable papers are transferred immediately to all the rights, legitimate interests arising from the papers that for credit institutions.
2. Credit institutions credit is granted in the form of pledge trade votes and the other short-term valuable papers. Credit institutions are implementing the rights and legitimate interests arising in the case of the owner of the papers which do not fulfill the commitment in the credit contract.
3. The credit institution was re discounting, pledge trade votes and the other short-term valuable papers for each other.
4. Credit institutions are banks may be State Bank re discount and lending on the basis of commercial pledge votes and the other short-term valuable papers were discounting.
5. The discount, discount, pledge trade votes and the other short-term valuable papers to grant credit in the system of the credit institution by the State banking regulations.
Article 58. Bank guarantee 1. Credit institutions are guaranteed by the reputation and financial capacity to guarantee recipients.
2. Credit institutions are the guarantee of the loan, the payment guarantee, guarantee, guarantee contracts made bids and bank guarantee forms for individual organizations.
3. the Bank is only allowed to make international payments are made new loan guarantees, payment guarantees and other bank guarantee forms that the guarantee is held, foreign individuals.
Article 59. Rights, obligations of credit institutions perform guarantee 1. Credit institutions performing the guarantee has the following rights: a) requires that the customer provide documentation on the financial capacity and the documents related to the transaction are guaranteed;
b) requires that the customer must have the guarantee for the guarantee;
c) service fee according to the regulations of the Bank;
d) control the implementation of the obligation of the guarantee;
DD) refused to guarantee for the client is not prestigious enough.
2. Credit institutions performing the guarantee means service performed is committed to guarantee when the recipient is no guarantee made or incomplete implementation obligations.
Article 60. The obligation of the guarantee The guarantee has the following obligations: 1. To provide complete, accurate information and documents related to the guarantee according to the requirements of the credit institutions perform guarantee;
2. Make the right commitment for recipients of guarantees and credit institutions performing the guarantee;
3. Subject to the control of credit institutions performing the guarantee for all activities related to the obligation of guarantee;
4. get original repayment, interest rates and debt of the same charges that credit institutions make the guarantee was charged instead under the guarantee commitments.
Article 61. Lease finance 1. Financial leasing operations for the Organization, the individual is made through a financial leasing company.
2. financial leasing company (hereinafter the lessor) to own rental property. When the contract ends, the lessees are choosing to buy property to rent or continue to rent as agreed in the lease contract.
3. Parties and party rental for rent not unilaterally cancel the rental contract.
Article 62. Rights and obligations of the lessor 1. Lessor has the following rights: a) to buy, direct import of assets as required by the lease;
b) requires parties to compensate any damage caused by the rental does not fulfill the obligation of maintenance, repairs, payment of property insurance rent in the lease;
c) recovery of property for lease and rent parties must pay the full amount of the rent immediately upon breach of the lease.
2. the lessor has the following obligations: a) signed a contract to buy the property, complete the import procedure of property, the payment of the full amount to buy rental property;
b) in damages to the rent in the case of breach of contract hire-party hire.
Article 63. Party's rights and obligations 1. Lessees have the following rights: a) the selection, negotiation and agreement with the seller about the technical specifications, types, prices, the insurance, the way and the time limit for delivery, installation and maintenance of rental property;
b) directly from the rental property the seller as agreed in the contract to purchase the property;
c) choose not to continue to rent or purchase the leased asset at the end of the lease.
2. the party has the obligation to lease the following: a) using the correct rental property the purpose agreed in the lease contract; not transfer the right to use the leased asset for individuals and organizations without lessor agree in writing;
b) pay rent as specified in the lease and the payment of the costs related to the import, tax, insurance for rented property;
c) assume all risk of loss, damage to property and the risks that cause rental property for other private organizations;
d) maintenance and repair of the property in the rental lease;

DD) When the expiration of lease, lease purchase or rental properties continues to rent as agreed in the lease contract;
e) lease is not used rent assets to pledge as collateral or guarantee any financial obligations.
Article 64. The activity of credit institutions and credit institutions cooperation cooperation is financed by its members and of the organizations and individuals to provide the loan. The work for these subjects is not borrowing members must be members of Congress or the Congress of Deputies approved and do not exceed the maximum rate by the State Bank regulations.
Section 3 PAYMENT SERVICES and FUNDS Article 65. Open account 1. Credit institutions are opened deposit accounts in the Bank, at other credit institutions.
2. Credit institutions have received the deposit to open account at the State Bank and maintain that balance at no lower than the average level of reserves required by State banking regulations.
3. Credit institutions is to open bank accounts for domestic and foreign clients. The client selected a bank to open a trading account.
Article 66. Payment services to credit institutions as the Bank made the following payment services: 1. The provision of the means of payment;
2. Perform domestic payment services to customers;
3. implementation of international payment services when the State Bank allowed;
4. Perform the service collects and households;
5. Perform other payment services by Central Bank regulations.
Article 67. Services of credit institutions be made cash and services to the customers.
Article 68. Organization and participation in payment systems the Bank held an internal payment system and join the interbank payment system in the country. Participation in the international payment system must be allowed the State Bank.
Section 4 OTHER ACTIVITIES Article 69. Capital contribution, purchase shares credit institutions used Charter capital and Reserve Fund for capital contribution, purchase of shares of the enterprises and of other credit institutions in accordance with the law.
Article 70. Join money market credit institutions are involved in the currency markets by the Bank of State institutions, including the auction of Treasury bills, and the local currency market Forex inter-bank market, valuable papers of other short term as prescribed by the State Bank.
Article 71. Trading Forex and gold credit institutions are trading Forex and gold on the domestic market and the international market when the State Bank allowed.
Article 72. Career service mandate and credit organization agent is entitled to Commission, entrusted, as agent in the areas related to banking activities, including the management of assets, capital of the Organization, individuals under contract.
Article 73. Real estate business credit institutions are not directly business real estate.
Article 74. Business and insurance services 1. Credit organization be set up independent companies to the insurance business under the provisions of the law.
2. The Bank is providing the services covered under the provisions of the law.
Article 75. Consulting services and credit institutions are providing financial consulting services, currencies for clients.
Article 76. Other services related to banking operations credit institutions are providing services to preserve precious artifacts, valuable papers, rent safety deposit lockers, pawn and other services under the provisions of the law.
Section 5 RESTRICTIONS to ENSURE the SAFE OPERATION of CREDIT INSTITUTIONS Article 77. These cases are not lending 1. Credit institutions are not lending for the following people: a) the members of the Management Board, supervisory board, General Director (Director), Vice President (VP) of the credit institutions;
b) The appraisal, loan review;
c) parent, wife, husband, children of members of the Management Board, supervisory board, General Director (Director), Vice President (VP).
2. The provisions in paragraph 1 of this article do not apply to cooperative credit institutions.
3. Credit institutions are not accepted guarantees of the objects specified in paragraph 1 of this article to serve as a basis for the granting of credit for the customer.
Article 78. Credit restrictions 1. Credit institutions are not being granted unsecured credit, granting credit with preferential conditions for the following objects: a) audit organization, auditors are audited at credit institutions; Chief Accountant, surveyor;
b) large shareholders of the credit organization;
c) business is one of the objects specified in clause 1 Article 77 of this Act property on 10% of the Charter capital of the business.
2. Total outstanding loans for the objects specified in paragraph 1 of this article shall not exceed 5% of the own capital of credit institutions.
Article 79. The limit for loans, guarantee 1. The loan limit for a client is defined as follows: a) total outstanding loans for a client should not exceed 15% of the capital of the credit institution, except for the loan from the Government's trust funds, of the organizations, individuals or cases of borrowers is the other credit institutions;
b) where a client's capital needs that exceed 15% of the capital of the credit institution or customer that needs financing from multiple sources, the credit institutions are lenders of capital cases pursuant to the State Bank Governor;
c) In special cases, to perform the task of socio-economic that possibility of credit institutions which do not meet loan request of a customer, then the Prime Minister can decide the level of the maximum loan for each specific case.
2. Extent of the guarantee for a customer and the total extent of the guarantee of a credit institution shall not exceed the rate compared with capital letters of credit held by the Governor of the State Bank regulations.
Article 80. Limited capital contribution, purchase of shares capital contribution Level, buying shares of credit institutions within a business, the total level of capital contribution, purchase of shares of credit institutions in all enterprises do not exceed maximum level by the Governor of the State Bank regulations for each type of credit institutions.
Article 81. The rate guarantee safety 1. Credit institutions must maintain the security rate: a) pay is determined by the ratio between the assets "Yes" can pay now compared to the property type "debt" to pay at a certain time of the credit organization;
b) minimum capital safety ratio determined by the ratio between capital letters than the property "There", including the commitment of foreign tables are adjusted according to the level of risk;
c) maximum rate of short-term capital is used for medium-term and long-term loans;
d) maximum rate of outstanding loans compared to the balance of the deposit.
2. The Governor of the State Bank of the national provisions mentioned in clause 1 of this article for each type of credit institutions.
3. The total capital of a credit institution's investment in other credit institutions in the form of capital contribution, purchase of shares are deducted from own capital when calculating the proportion of the safe.
Article 82. Prevention of risks 1. Credit institutions to risk prevention in banking activities. Reserves this risk must be accounted into the costs of operation.
2. The classification of the property "There", the excerpt, the method established reserves and the use of reserves to handle the risks of banking operations by the Governor of the State Bank regulations after reunification with the Minister of finance.

3. In the case of credit institutions recovered which had been dealt with by reserves for risks, the recovery of this amount was considered to be revenue of the credit organization.
 
CHAPTER IV financial, ACCOUNTING, Report 83. Capital capital Level of each type of credit institutions due to government regulations.
Article 84. Financial incomes and expenses 1. Financial incomes and expenses of credit institutions is done according to the provisions of the law.
2. Minister of finance guidelines, check out the implementation of the fiscal regime for credit institutions in accordance with the law.
Article 85. Fiscal year the fiscal year of the credit organization begins from January 1 and end on December 31 of the calendar year.
Article 86. Accounting credit organization must perform according to the accounting system, the account certificate from the mode according to the provisions of the law on accounting, statistics.
Article 87. The Fund 1. Credit organization must annually from net profit to establish and maintain the following funds: a) the Supplemental Reserve Fund capital is taken annually by the rate of 5% of profits after tax. Maximum level of funds due to government regulations;
b) other funds as provided by the law.
2. Credit institutions do not use the funds prescribed in paragraph 1 of this article, to pay the return on shares.
Article 88. Purchase, investment in fixed assets credit institutions were buying, investment in fixed assets do not exceed 50% of its own capital.
Article 89. The report 1. Credit institutions must prepare financial statements in accordance with the law on accounting, statistics and business activity reports periodically in accordance with the State Bank Governor.
2. In addition to the periodic report, credit institutions are responsible for immediately reporting to the State Bank in the following cases: a) unusual evolutions in business activities may affect to their business situation;
b) big changes on the organization.
3. Within a period of 90 days from the end of the financial year, credit institutions must submit the State Bank annual reports in accordance with the law.
Article 90. Publicly available financial statements within 120 days from the date of the end of the financial year, credit institutions must disclose financial statements in accordance with the law.
 
Chapter V SPECIAL CONTROL, Bankruptcy, DISSOLUTION, Liquidation.
ITEM 1 SPECIAL CONTROL 91 Thing. Report difficulty about pay when there is a risk of losing the ability to pay for its customers, credit institutions shall report immediately to the Bank about the financial situation, the causes and the measures already adopted, is expected to apply to the remedy.
Article 92. Apply special control 1. Special control is getting a credit organization was placed under the direct control of the State Bank due to the risk of losing the ability to pay, loss of ability to pay.
2. State Bank of India is responsible for checking, timely detection of cases of risk of loss of power, loss of ability to pay.
3. Credit institutions may be placed into a special control status in the following cases: a) the risk of loss of ability to pay;
b) inability to recall Debt risk losing the ability to pay;
c) When the number of accumulated losses of the large credit institutions more than 50% of the total capital of food and funds.
Article 93. Special control decisions 1. The Governor of the State Bank of the decision to put credit institutions into special control status.
2. The decision to put the credit organizations on the status of special control include the following: a) Name credit institutions are special control;
b special control reasons);
c), last name, and the specific missions of the Special Committee;
d) special control period.
3. The decision of special control was the State Bank informed the competent State bodies and local authorities to coordinate implementation.
4. Do not give public comment when a credit institution is placed into the special control status.
Article 94. The duties, powers and responsibilities of the Board of special control 1. Special Control Committee has the following duties: a) Steering Board, supervisory board, General Director (Director) credit institutions are put into a special control scheme construction solidify the Organization and operation;
b) directs and oversees the implementation of the solutions outlined in the scheme consolidated credit institutions has been through special control Committee;
c) State Bank report on the State of operation, the results of the consolidation approach credit institutions.
2. the Special Committee has the following powers: a) the suspension of the activity is not consistent with organizational consolidation projects and activities have been passed, the provisions on safety in banking activities can harm to the interests of depositors;
b) temporarily suspended the right to executive management, control of credit institutions of the members of the Management Board, supervisory board, General Director (Director), Vice President (VP) if it deems necessary;
c) requires the Board, ceo (Director) dismissed, suspended ties with those violations of the law, the Executive is not organized and consolidated approach has been adopted;
d) petition the Governor of State Bank of renewal or termination of the term of special control;
DD) recommendations to the Governor of the State Bank on special loans for credit institutions.
3. Control Board especially responsible for his decisions in the process of implementing the special control.
Article 95. The liability of the credit institution are special control of the Management Board, supervisory board, General Director (Director) credit institutions are controlled in particular have a responsibility to: 1. Build options to consolidate the Organization and operation of credit institutions the Supervisory Board especially through and organize the implementation of the scheme;
2. Continue to administer, control, operations and secure the assets of the credit institution, except in cases specified in point b of paragraph 2 of this law, 94;
3. Observance of the requirements of the Special Committee relating to the organisation, management, control, administration of the credit.
Article 96. Special loans in cases of urgency, to ensure the affordability of customer deposits, credit institutions may be other credit institutions or the State Bank loans in particular. This special loan will be repaid in priority before all other debts of the credit organization.
Article 97. End of special control 1. Special controls were ended in the following cases: a) special control expires without being renewed;
b) operations of credit institutions back to normal;
c) before the end of the term of special control, credit institutions be merged, merge;
d) credit institutions falling into bankruptcy.
2. The end of special control is done by a decision of the Governor of the State Bank. This decision is notified to the relevant authorities.
Section 2 bankruptcy, DISSOLUTION, liquidation Article 98. Bankruptcy credit organization after the State Bank had written about not apply or cease to apply the measures for restoring the solvency of credit institutions which credit institutions that still loses the ability to limit debt payments, it may be open-court procedure for resolving a request to declare bankruptcy under the Bankruptcy Law business career.
Article 99. Dissolution of credit institutions credit institution abolished in the following cases:

1. Voluntary dissolution please if have the ability to pay off debt and State Bank was approved;
2. When no activity expiration please renew or apply for the extension but not State Bank approved;
3. Revoked license and operation.
Article 100. Liquidation of credit institutions 1. In the case of credit institutions were to declare bankruptcy, the liquidation of credit institutions is done according to the provisions of the law on enterprise bankruptcy.
2. When dissolved under article 99 of this law, credit institutions must proceed to liquidate immediately under the supervision of the State Bank.
3. all costs related to the liquidation due to credit institutions being liquidated.
 
CHAPTER VI SECURITY 101 Articles and INFORMATION. Information for owners of credit organizations must account information for the account holder about the transaction and the balance on their accounts in credit institutions.
Article 102. The exchange of information between the credit institutions are credit institutions to exchange information with each other about the Bank activities and about the customer.
Article 103. The exchange of information between the State Bank with credit institutions credit institutions have the responsibility to provide for State Bank of information relating to the provision of credit to customers as required by the State Bank and the State Bank to provide information related to operation of bank customers who have relations with credit institutions.
Article 104. Bank information security 1. Credit institutions and employees who are not related to national secrets and revealed the secret business of the credit institution that I know.
2. Credit institutions are right to reject the request of the organization or individual about providing information pertaining to deposits, the property of the customer and the credit institution's activities, unless otherwise required by competent State agencies as prescribed by law or the consent of the customer.
 
CHAPTER VII FOREIGN CREDIT ORGANIZATIONS, REPRESENTATIVE OFFICES of FOREIGN CREDIT INSTITUTIONS in VIETNAM Article 105. Active form 1. Foreign credit institutions are allowed to operate in Vietnam under the following form: a) venture credit institutions;
b) non-bank credit organization 100% foreign capital;
c) foreign bank branches in Vietnam.
2. Credit institutions abroad are placed representative offices in Vietnam. Representative offices of foreign credit institutions not made business activities in Vietnam.
Điều106. Conditions to be granted a license to establish and operate 1. The conditions to be granted a license to establish and operate for the credit institutions, non-banking credit organization 100% foreign capital include: a) The conditions specified in paragraph 1 to article 22 of this law;
b) foreign credit institutions are competent agencies of foreign countries to allow implementation of banking activities;
c) foreign credit institutions are competent agencies of foreign countries allow to operate in Vietnam.
2. The conditions to be granted a license to open a branch of foreign banks including: a) the conditions prescribed in points a, b, d and e of paragraph 1 to article 22 of this law;
b) the competent authority of the foreign bank branch opened in Vietnam;
c) Agency of foreign texts guarantee the ability to monitor all activities of the branch in Vietnam;
d) Foreign Bank have written guarantee is responsible for all the obligations and commitments of the branch in Vietnam.
3. The conditions to be granted a license to open representative offices of foreign credit institutions include: a) foreign credit institutions are legal entities are allowed to operate foreign bank;
b) foreign credit institutions are competent agencies of foreign countries allow to open a representative office in Vietnam;
c) foreign credit organizations have ties with Vietnam in economic organizations.
Article 107. The authority to license the State Bank licensed establishment and operation for credit institutions, non-banking credit organization 100% foreign capital; license to open branches of foreign banks, representative offices of foreign credit institutions in Vietnam.
Article 108. Licensing application 1. Application for a license to establish and operate for the credit institutions, credit institutions Africa 100% foreign-owned banks in Vietnam will include: a) an application for a license to establish and operate;
b) draft Charter;
c) active 3 years approach, which stated the economic benefits and efficiency of Bank operations;
d), résumé, list the certification diploma, professional qualification of the founders, the members of the Management Board, supervisory board, General Director (Director);
DD) level equity capital contribution projects and the list of organizations and individuals raising capital;
e) financial situation and the relevant information regarding the major shareholders;
g) comments accepted the people's committees of provinces and cities under central headquarters of the credit organization;
h) of the foreign credit institution;
I) permits the operation of a foreign credit institution;
k) text of the foreign agencies have the authority to allow foreign credit organizations operating in Vietnam;
l) financial balance sheet, profit and loss results tables have been audited and reported the situation to the nearest 3 years activities of foreign credit institutions;
m) joint venture agreement for the venture credit institutions;
n) them, the name of the Director-General (Executive Director) credit institutions, credit institutions Africa 100% foreign-owned bank in Vietnam.
2. Application for a license to open a branch of foreign bank to operate in Vietnam include: a) the documents specified in points a and c of paragraph 1 of this article;
b) Charter of the foreign bank;
c) permits the operation of foreign banks;
d) text of the foreign agencies have the authority to allow foreign banks to open branches operating in Vietnam;
DD) financial balance sheet, profit and loss results tables have been audited and reported the situation to the nearest 3 years operation of foreign banks;
e), last name, résumé of the ceo (Director) foreign bank branches in Vietnam.
3. Application for a license to open a representative office in Vietnam activities of foreign credit institutions include: a) the application to open a representative office in Vietnam;
b) permits operation of the foreign credit institution;
c) text of the foreign agencies have the authority to allow foreign institutions to open representative offices in Vietnam;
d) financial balance sheet, profit and loss results tables have been audited and reported the situation to the nearest 3 years activities of foreign credit institutions;
DD), last name, biographies of Chief Representative in Vietnam.
Article 109. Active content is content that the activity of credit institutions, non-banking credit organization 100% foreign capital, foreign bank branches in Vietnam, representative offices of foreign credit organizations in Vietnam must comply with the provisions of this law and other provisions of the law of Vietnam.
Article 110. Capital and financial incomes and expenses of foreign credit organizations operating in Vietnam 1. The level of capital of credit institutions, non-banking credit organization 100% foreign invested capital and level of foreign bank branches operating in Vietnam due to government regulations.
2. financial incomes and expenses of foreign credit organizations operating in Vietnam were made under the provisions of the law of Vietnam.
Article 111. Accounting, reporting

1. Credit institutions, non-banking credit organization 100% foreign capital, foreign bank branches operating in Vietnam have the obligation of accounting under the system account, vouchers and financial reports in accordance with the law of Vietnam.
2. Within a period of 180 days from the end of the financial year, credit institutions, non-banking credit organization 100% foreign capital, foreign bank branches, representative offices of foreign credit organizations in Vietnam must send reports of foreign credit institutions for the State Bank.
Article 112. Transfer of profits, property transfer abroad 1. Branch of foreign banks, non-bank credit organization 100% foreign invested capital in Vietnam are shipped abroad of profits left in his possession after it has extracted the establishment and fulfill the financial obligations under the provisions of the law of Vietnam.
2. foreign Parties in the venture credit institutions be transferred abroad of profits be divided after the venture credit organizations have quoted establishment and fulfill the financial obligations under the provisions of the law of Vietnam.
3. foreign bank branches, non-bank credit organization 100% foreign capital and foreign parties in the venture credit organization be transferred abroad of its remaining assets after liquidation, end operations in Vietnam.
4. The transfer of money and other assets abroad as defined in clause 1.2 and 3 this is done in accordance with the law of Vietnam.
Article 113. Other regulations based on the basic principles of this law, the Government specified the Organization and operation of credit institutions, non-banking credit organization 100% foreign capital, foreign bank branches in Vietnam and representative offices of foreign credit institutions in Vietnam.
 
CHAPTER VIII STATE MANAGEMENT for the OPERATION of the CREDIT INSTITUTION and ITS BANKING ACTIVITIES with OTHER ORGANIZATIONS Article 114. Unified State system state management for operations management of the credit institution and its banking activities with other organizations.
Article 115. Content management on banking activities in State management content of banking activities include: 1. The promulgation and implementation guides legal documents about the Bank activities; policy formulation, strategic planning and the development of the credit organization;
2. Granted, revoked license and banking activities;
3. Inspection, checking the activities of credit institutions, the banking activities of other organizations in accordance with the law;
4. Apply measures to prevent and overcome risks; prevent acts of destroying the currency and monetary activities of illegal origin;
5. organizations collect, handle, provides information and market situation forecasts the currency, capital markets;
6. Signed or participated in international treaties on the monetary and banking operations;
7. active management of credit institutions in Vietnam abroad;
8. Organization and management of scientific research work of the Bank;
9. Organization of training, team building and business managers for the system of credit institutions.
Article 116. State administration bodies 1. The unified Government to manage state on banking activities.
2. State Bank Governor responsible to the Government implementing the governance of banking activities.
3. The ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible for the governance of credit institutions and other institutions have banking operations in accordance with the law.
4. the people's Committee level perform the State management for credit institutions and other institutions have banking operations in local activities in accordance with the law.
 
CHAPTER IX INSPECTIONS, auditing BANKS for CREDIT INSTITUTIONS and BANKING ACTIVITIES of OTHER INSTITUTIONS section 1 the INSPECTION of STATE BANK Article 117. Inspection of the Bank of credit institutions and other institutions have banking activities must be subject to inspection by the Inspector of the Bank in accordance with the law.
Article 118. The right of the Organization to be inspected When the Bank inspectors perform inspections, inspection organization has the following rights: 1. The request to present the inspectors decided the tag Inspector, inspectors and implement the law on the Ombudsman;
2. Complaints, accusations, claims with the competent State agencies about the behavior of inspectors and the conclusions, the Ombudsman's decision that his bank is not correct;
3. Claims for damage caused by acts, improper processing decision the law of Bank inspectors.
Article 119. The obligation of the Organization to be inspected When the Bank inspectors perform inspections, inspection organization has the following obligations: 1. to implement the requirements of the banking Ombudsman the Ombudsman about content;
2. Observance of the decisions of the banking inspection processing.
Article 120. Powers of Inspector banks when conducting the inspection, the Inspector of the Bank has the following powers: 1. to request the object being inspected and the parties concerned to provide the documents, evidence and answer the issues related to the content of the Inspector;
2. Set the minutes and recommendations of measures;
3. adopt measures to prevent and handle breach under the provisions of the law.
Article 121. The responsibilities of the Inspector of banks when conducting the inspection, the Inspector of the Bank is responsible for: 1. Present decided to inspect and tag inspectors;
2. Make the right sequence, inspection procedures, not troubling, harassment hinders normal banking operations and cause damage to the legitimate interest of credit institutions and other institutions have banking activities;
3. report the Governor of the State Bank on inspection results and recommended measures;
4. Law abiding, responsible to the Governor of the State Bank and the law on the Ombudsman and the conclusions of all behavior, his decision.
Category 2 AUDIT Article 122. Audit 1. Least 30 days before the end of the financial year, credit institutions must choose an auditing organization not internal audit to audit its activities. Audit organizations that must be approved by the State Bank.
2. In the course of the audit, credit institutions have the responsibility to provide accurate, complete, timely information as requested by the Auditors.
3. the audit Work for the credit institutions of cooperation by the State Bank regulations consistent with regulatory requirements and scale of activities of this organization.
Article 123. Responsibility of the auditor after the audit, the auditor has the responsibility to: 1. Confirm the accuracy, honesty, legality of the documents, data, accounting, financial statements of credit institutions;
2. Reviews, reviews the enforcement policy, financial accounting, mode of credit institutions;
3. Recommendations to the audited institutions and the problems uncovered in the audit process.
CHAPTER X REWARDED and HANDLE breach of article 124. Rewarded the Organization, individuals have many merits in banking activities, contribute to promoting production, business, discovered the violations of the law on currency and banking activities, shall be rewarded according to the provisions of the law.
Article 125. The violations of the law on currency and banking activities of the violations of the law on currency and banking activities include: 1. business without license or business does not meet the content recorded in the State Bank's licences;

2. Banking operations when it was suspended, revoke the licence or permit banking activities has expired;
3. Non-observance of rules on compulsory reserve money level and the rate of safe; do not make the right interest rate, commissions, service fees, the level of the fines were announced, listing;
4. Violation of the regulations on accounting, accounting; retention of accounting records or incomplete, not honest;
5. Force the credit institution granting credit, capital contribution, purchase shares, prescribing wrong guarantee; advantage of the prerogatives and powers to private interests, covering for the violation;
6. illegal competition;
7. Against the Bank when inspectors are on duty;
8. other acts violating the law on currency and banking activities.
Article 126. Form processing violates the Organization, individuals are violations of the provisions of article 125 of this Act, then customize the nature and degree of the violation that severely disciplined, administrative processing or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 127. Jurisdiction to handle violation of State banking authority handling administrative violations of individual organizations in the field of money and banking activities under the provisions of the law.
Article 128. Complaints, claims about the decision handling administrative violations 1. The Organization, the individual dealt with administrative violations have the right to appeal against the decision to treat to the competent State agencies or sue in the courts. Complaints, claims made under the provisions of the law.
2. In the time to complain or sue, organizations, individuals dealt with administrative violations must still enforce the decision handling administrative violations. When a decision is made to resolve complaints by the competent State agencies or the verdict, the decision of the Court was in effect, the law enforcement under the complaint resolution decision of the authorized State body or by the verdict, the decision of the Court.
 
CHAPTER XI ENFORCEMENT PROVISIONS to article 129. Rules for the active organization of Bank 1. Credit institutions have established and operate under license to operate by the State Bank issued prior to the date this Act has effect not perform these procedures apply to license and operate.
2. State Bank of specified time to credit institutions conduct the adjustment of organizational structure and operations consistent with the provisions of this law and the enforcement Guide text.
3. The organizer is not a credit institution are Bank activities must cease operation or to permit banking activities from the date this law have enforceable.
Article 130. Effect 1. This Act has effect as from October 1, 1998.
2. Ordinance on banks, credit cooperatives and financial company on May 23, 1990 expired from the day this law is in effect.
3. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, duties of organization reviewing the provisions of the law on currency and banking operations to cancel, modify, Supplement, issued new or proposed the National Assembly committees Parliament, cancel, modify, Supplement, issued in accordance with the new provisions of this law.
Article 131. Government law enforcement guide detailing and guiding the implementation of this law.
 
 
This law was the National Assembly of the Socialist Republic of Vietnam Xth, second session passed on 12 December 1997.