The decision on the standard of medicine rules for the Organization and operation of the industrial and commercial bank of Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNOR of the STATE BANK pursuant to the law the State Bank of Vietnam no. 01/1997/QH10 and credit institutions Law No. 02/1997/QH10 on 12 December 1997;
Pursuant to Decree No. 15/CP dated 8 March 1993 from the Government about the duties, powers and responsibilities of the State management, ministerial bodies;
Pursuant to Decree No. 49/2000/ND-CP dated 12 September 2000 by the Government on the organisation and operation of the commercial banks;
At the suggestion of the Chairman of the Board of industrial and commercial bank of Vietnam and the Director of the banking and non-banking credit organization, Decisions 1. Medical standard rules for the Organization and operation of the industrial and commercial bank of Vietnam issued decision No. 134/QD-NHCT1 on 18/11/2002 of the President of the Board of industrial and commercial bank of Vietnam, the attachment to this decision.
Article 2. This decision takes effect from the day of enforcement and replacing decision No. 331/QD-NH5 on 04/10/1997 of the Governor of the State Bank on ratifying the Charter the Organization and operation of the industrial and commercial bank of Vietnam.
Article 3. Chief of the State Bank, Director of The Bank and non-bank credit organization, the heads of the relevant units in the State Bank, Director of the State Bank branch, central cities, Chairman of the Board and General Director of Vietnam industrial and commercial bank is responsible for the implementation of this decision.

 



Tran Minh Tuan (signed) the decision of the Board of industrial and commercial bank of Vietnam "issued rules on the Organization and operation of the industrial and commercial bank of Vietnam" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the BOARD of the VIETNAM INDUSTRIAL and COMMERCIAL BANK pursuant to the law of credit institutions number 02/1997/QH10 on 12tháng 12, 1997;
Pursuant to Decree No. 49/2000/ND-CP dated 12 September 2000 by the Government on the organisation and operation of the commercial banks;
The base model rules on the Organization and operation of State commercial banks issued together with decision No. 123/2001/QĐ-NHNN dated Jan. 20 February 2001 of the Governor of the State Bank of Vietnam;
The base resolution ngày15/8/2002 of the Board of industrial and commercial bank of Vietnam;
According to the proposal of the Director General of industrial and commercial bank of Vietnam, the decision article 1. Attached to this decision on the organisation and operation of the industrial and commercial bank of Vietnam.
Article 2. This decision is effective from the date of signing. Charter of the Organization and operation of the industrial and commercial bank of Vietnam was made after the State Bank of the medical standards. 3. Members of the Board, General Director, Deputy Director, Chief Accountant, Chief, ban at its headquarters, the Director of the Exchange, affiliates, subsidiaries, business units and head offices of the industrial and commercial bank of Vietnam is responsible for the implementation of this decision.

 



TM, the BOARD CHAIRMAN of the INDUSTRIAL and COMMERCIAL BANK of VIETNAM (signed) Nguyen Van Binh CHARTER on the Organization and operation of the industrial and commercial bank of Vietnam (attached to decision No. 135/QD-NHCT1 on November 18, 2002 by the Board of industrial and commercial bank of Vietnam) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chapter 1: GENERAL PROVISIONS article 1. Industrial and commercial bank of Vietnam (hereinafter referred to as the industrial and commercial bank) is the State commercial bank, was established by decision No. 402/CT on November 14, 1990 by the President of the Council of Ministers and the Governor of the State Bank issued the decision No. 285/QD-NH5 on 21/09/1996 established under State Corporation model defined in decision No 90/TTg dated 07/03/1994 under the authorization of the Prime Minister. Industrial and commercial bank made banking activities and other business activities are related, because profit target, contributing to the implementation of the economic objectives of the State.
Article 2. Industrial and commercial bank has: 1-legal personality under the law of Vietnam.
2-name: industrial and commercial bank of Vietnam.
-International transaction Name in English is the INDUSTRIAL AND COMMERCIAL BANK OF VIETNAM INCOMBANK is VIETNAM; abbreviation ICB.
-Headquarters: 108 Tran Hung DAO Street-Hoan Kiem-Hanoi City.
Tel: (04) 9421030-9421158.-fax: 04-9421032-Telex: 412259 ICBV-VT.
3-Charter of organization and operation, management and administration.
4-capital: 2,100,000,000,000 VND (two thousand one hundred billion) and is supplemented according to each period.
5-seals, open account at the State Bank and in other banks in the country and abroad as stipulated by the State Bank.
6-the table summarizing the assets, the funds under the provisions of the law.
Article 3. Industrial and commercial bank's activity duration 99 years from the day the Governor of the State Bank issued the decision established under decision No. 285/QD-NH5 on September 21, 1996.
Article 4. Industrial and commercial bank under the governance of the State Bank, of the ministries, ministerial agencies, government agencies and people's committees of the levels according to the function and regulation of the law.
Chapter 2: content and SCOPE of the OPERATION of the INDUSTRIAL and COMMERCIAL BANK section I: RAISING CAPITAL article 5. Industrial and commercial bank financing under the following forms: 1-to receive deposits of organizations, individuals and other credit institutions under the non-term deposit form, term deposits and other deposit types in Vietnam, foreign currency and in gold.
2-release the certificate of deposit, promissory notes, bonds and other valuable papers to mobilize capital of organizations, individuals in the country and abroad when he was Governor of the State Bank approval.
3-loans to other credit institutions operating in Vietnam and of foreign credit institutions.
4-short-term loans of State banks in the form of refinancing.
5-other financing forms prescribed by the State Bank.
Section II: activities of CREDIT article 6. Industrial and commercial bank credit supply in Vietnam, foreign currency and in gold for the Organization, individuals under forms: lending; trade discount and other valuable papers; guarantee; financial leasing and other forms prescribed by the State Bank.
Article 7. Industrial and commercial bank for the Organization, individual, household loans under the following forms: 1-short term lending.
2-medium-term loans.
3-long term loans.
4-loans according to the decision of the Prime Minister in case of need.
Article 8.
1-industrial and commercial bank has the right to request the customer to provide proof of investment projects; business projects, service projects serving the life feasibility, financial viability and of the guarantor before deciding to borrow. Check monitoring process, loan, loan and repayment of the client; have the right to terminate the loan, debt collection before maturity when the customer provides false information, violation of the credit contract. Was right to deny loans to customers are not eligible for loans, projects, loans are not economic efficiency, inability to payback, inconsistent with the rule of law.
2-industrial and commercial bank has the right to handle the property secured loan of borrowers, the assets of the guarantor of the implementation of the obligation to guarantee the recovery of the debt in accordance with the Decree of the Government about loan guarantees of credit institutions; customer claims breach of contract and credit guarantor not done or done incorrectly the obligation of guarantee according to the provisions of the law.
3-industrial and commercial bank, reduced interest loans, bank fees, debt rescheduling, debt maturities, adjusted for the sale of the debt according to the regulations of the State Bank.
Article 9.

1-industrial and commercial bank made the loan guarantee business, payment guarantee, guarantee, guarantee contracts made bids and bank guarantee forms for individual institutions, as specified by the State Bank.
2-industrial and commercial bank made the loan guarantees, payment guarantees and other bank guarantee forms that the guarantee is held, foreign individuals.
3-industrial and commercial bank has the right to ask who are the guarantee of their commitment to comply with the industrial and commercial bank; to the guarantee of the Bank of industry and Commerce; provide adequate accuracy of information and documents related to the guarantee; to control all activities related to the obligation of the guarantee; denied bail for the client is not prestigious enough.
Article 10.
1-industrial and commercial bank made negotiable discount business, promissory notes and other short-term valuable papers for individual organizations.
2-industrial and commercial bank business done re discounting negotiable; promissory notes; Bills and other short-term valuable papers for other credit institutions.
Article 11. Industrial and commercial bank performs leasing services through financial leasing company affiliated to the industrial and commercial bank. Financial leasing company, industrial and Commercial Bank organized and operating under the rule of law and the Charter of the company.
Section III: PAYMENT SERVICES and the BUDGET article 12.
1-industrial and commercial bank to open an account, deposit account at the State Bank, the State Bank branch in Hanoi to make payment transactions and maintain on deposit accounts in the Exchange state bank balances deposits reserve requirement as stipulated by the State Bank; opening deposit accounts in other banks in the country as required by the State Bank.
2-the Exchange, a branch of the industrial and commercial bank open account deposits at the Central Bank branch in the city, where the industrial and commercial bank in the latest transaction, branch.
3-industrial and commercial bank accounts for domestic and foreign clients in accordance with the law.
Article 13.
1-industrial and commercial bank performs payment services and funds: a) provides the means of payment.
b) perform domestic payment services to customers.
c) make services households, households.
d) make other payment services as defined by the State Bank.
DD) make international payment services as defined by the State Bank.
e) made the cash and services to the customers.
2-industrial and commercial bank organizes internal payment systems and participate in interbank payment system in the country. Join the international payment systems as defined by the State Bank.
Section IV: OTHER ACTIVITIES article 14. Industrial and commercial bank performs the following operations: 1-use the Charter capital and Reserve Fund for capital contribution, purchase of shares of the enterprises and of other credit institutions in accordance with the law.
2-capital contribution with foreign credit institutions to establish joint venture credit institutions in Vietnam under the provisions of the Government on the Organization and activities of foreign credit organizations in Vietnam.
3-join the currency market as stipulated by the State Bank.
4-Forex trading, gold on the domestic market and the international market according to the provisions of the State Bank.
5-mandate, entrusted, as agent in the areas related to banking activities, including the management of assets, capital of organizations, individuals in and outside the country under a contract of mandate, agents.
6-the provision of insurance services; Established companies; The joint venture company to the insurance business under the provisions of the law.
7-supply of services:-the financial, monetary consulting to customers in the form of direct advice to the client; companies established in accordance with the law.
-Preservation of precious artifacts, valuable papers, rent safety deposit lockers, pawn and other services under the provisions of the law.
8-make business exploitation of assets through debt management companies and asset exploitation industrial and commercial bank.
9-done business through securities limited liability company industrial and commercial bank securities.
10-performs other related business banking activities under the provisions of the law.
Article 15. Industrial and commercial bank not directly real estate business.
Article 16. During the operation, the industrial and commercial bank in compliance with the rules on the restrictions to ensure the safe operation as defined in section 5 of chapter III of the law on credit institutions and regulation of the State Bank, discount backup inventory to stock discounts, according to the provisions of the law.
Chapter 3: ORGANIZATIONAL STRUCTURE, management, administration, control of INDUSTRIAL and COMMERCIAL BANK section I: STRUCTURE article 17. The organization system of the industrial and commercial bank (map 1 attached) 1-headquarters.
2-The transaction, branch (known as branch level 1), offices, business units, companies affiliated to the industrial and commercial bank.
3-The branch branch level 1 (called branches).
4-The trading rooms, extra savings in the transaction, cấp1 branch, branch-level.
The list of transaction, level 1, branch offices, subsidiaries, business units are given in the attached appendix of industrial and commercial bank.
Article 18. Organizational structure and management of Headquarters (diagram 2 attachments): 1 – the Board and the Minister.
2-Control Board.
3-General Director and assisting apparatus.
4-check system and internal audit.
Article 19. The help the Director-General: 1-The Deputy Director.
2-Chief Accountant.
3-room, Board of professional expertise.
4-Room test, internal audit (internal inspection).
Article 20. Organizational structure of the transaction, cấp1 branch, branch-level 2 (attachment 3): 1-Director.
2-The Vice Director.
3-accounting manager.
4-The room (the nest) professional expertise.
5-Room transaction, savings.
6-audit, internal audit.
Article 21. Organizational structure of the Office, business units due to the Board of industrial and commercial bank regulations consistent with the rule of law.
Article 22. Organizational structure of the companies follow the Government's rules for each type of companies are formed.
Section II: the BOARD and CONTROL BOARD Article 23. Industrial and commercial bank's Management Board. State Bank Governor appointed, dismissed the title Board, reward, or discipline of members of the Board.
Article 24. The Board and members of the Board of the Bank for industry and trade: 1-the Board had five members, are members who are dedicated in that: 1 member is Chairman of the Board, 7 members of the Board and ceo, 1 Board Member cum Chairman of control. Depending on the scale of the operation of the industrial and commercial bank the number of members of the Board may be increased is 10 members. The increase in the number of members of the Board by the Board of the Bank for industry and trade decisions.
2-members of the Board who is reputable, professional ethics and understanding of banking activities, not in the object prescribed in article 40 of the law on credit institutions.
3-the President 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-Chairman of the Board is not involved the Board or join other credit institutions operating, unless that organization is affiliated company of industrial and commercial bank.
5-President of the Board is not the Director General or the Deputy Director of the industrial and commercial bank.
6-the term of Board members is five years. The members of the Board may be appointed.
Article 25: duties and powers of the Management Board: 1-industrial and commercial bank management according to the provisions of the law on credit institutions, Government's Decree on the Organization and operation of the commercial banks and the other relevant regulations of the law.
2-Get the sources of capital and other resources by the State.
3-The State Bank Governor: a) additional modification, medical Standard Chartered Bank for industry and trade;
b) founded the company;
c) approved the opening of the Exchange, branches, representative offices in the area and abroad (hereinafter referred to as the Office), founded the business units of the Bank of industry and Commerce;
d) approved the capital contribution, purchase shares, venture with foreign investors;
DD) approved the separation, amalgamation, merger, acquisition, dissolution of industrial and commercial bank and the Exchange, affiliates, representative offices, subsidiaries, business units of the Bank of industry and Commerce;
e) approved the changes are specified in clause 1 article 31 of the law on credit institutions.
g) appointing, dismissing the Chairman and the members of the Board, General Director, Deputy Director, Chief Accountant Bank of industry and commerce.
h) to appoint, dismissed Chief and supervisory board members who are dedicated and concurrent;
I) approved independent auditing organizations to audit the activities of the industrial and commercial bank.
4-approval by the Director-General recommendations on the allocation of capital, and other resources for the companies.
5-decide the capital contribution, purchase of shares of the enterprise and other credit organizations, except for the capital contribution, purchase shares, venture with foreign investors.
6-approved business plans, plans to use the net profit of the Bank for industry and trade proposed by the Director General.
7-appointed, dismissed, maneuver, reward, or discipline head of representative office, Director of the Exchange, affiliates, business units, subsidiaries, except where the law has different rules for companies and other titles as required by law.
8-decisions about organizational structure and executive management at Headquarters; organizational structure the Exchange operator, affiliates, representative offices, business units. The decision of the industrial and commercial bank under the proposal of the Director General. Enacting regulation officer; Wage regulations; The financial regulations; Awards, discipline regulations apply in the industrial and commercial bank.
9-interest rules, rates, fees, Commission rates, the level of penalties for the clients according to the regulations of the State Bank and the law to the General Director of implementation.
10-issued regulation of activities, branches, representative offices, business units. Enact the Statute and the content of the amendment and supplement of the companies affiliated to the industrial and commercial bank.
11-issued the regulations of the Board, the Board of control.
12-issued regulations on the organisation and operation of the test apparatus, internal audit under the provisions of the law. Decide the organizational structure, functions, duties and powers of the Board room or at Headquarters by the Director General.
13-through financial reports and annual settlement of industrial and commercial bank.
14-issued specific guidance documents the implementation of the policy, regulation, regime of the State, of State Bank on banking activities.
15-performs other duties and rights prescribed by law.
Article 26. The Mission of the members of the Board 1-Chairman of the Board has the task: a) is the common responsibility of all the work of the Board, the organization assigned task for the Member to perform the duties and powers of the Board;
b) on behalf of the Board of the same General Manager newsletter and other resources allocated by the State for the industrial and commercial bank;
c) Signed documents under the authority of the Board of Governor of the State Bank, the agencies concerned;
d) Sign the resolutions, decisions and documents or through the text under the authority of the Board to implement in industrial and commercial bank;
DD) convening, presiding and the assignment of Board members to prepare the content of the meetings of the Board;
e) track and urge the implementation of tasks of the members of the Management Board between the two sessions of the Board.
2-duties of other members of the Board by the Chair of the Board assigned to match the operation of the industrial and commercial bank and the conditions of work of each Member.
Article 27. The air helps the Board 1-Board using the air operator and the seal of the industrial and commercial bank to perform its tasks.
2-the Board with the help of five officers, professional activity. The Chairman of the selection board, replace the officers of the Board.
3-the Board established the Control Board to examine, supervise the operation of the industrial and commercial bank.
Article 28. Working modes of the Board 1-Board working under collective mode; regular meeting once a month to consider and decide the issue of jurisdiction and responsibilities of the Board. When necessary, the Council can extraordinary meeting to solve the urgent problems of industrial and commercial banks on the basis of the proposal of the Chairman of the Board, or the Control Board, or the President, or on 50% of the members of the Board.
2-Chairman of the Board convening and chairing all meetings of the Board; case of absence for a credentials President the other members in the Board convened and chaired the meeting.
3-meetings of the Board are considered valid when at least 2/3 of the members present. The documents of the meeting of the Board shall be sent to the members of the Board and the delegates were invited to the meeting before the meeting date 5 working days.
Meetings of the Board are recorded into the minutes and all the members of the Board attended the meeting to sign the minutes.
Resolutions, decisions of the Board must be over 50% of the total members of the Board voted approval. Peer vote case, the final decision belongs to the comments of the Chairman of the Board.
Board members have different opinions with the resolution, the decision of the Board has the right to reserve their opinions and be reported to the competent State agencies; in the time of the decision yet competent authorities must still approve the resolution, the decision of the Board. reserves are made in writing signed by the person who saved and stored with in the resolutions and relevant decisions of the session.

4-the Board meeting to discuss the content of the work that work that are related to state management functions of the ministries and the province, the city, the having to invite the competent representatives of the ministries and local Governments concerned attended the meeting; the content of the work related to the rights and obligations of workers in the industrial and commercial bank, are invited to attend industry trade union representation. The Agency's representatives, the Organization was invited to the meeting said on the reserves, but did not participate in the voting.
5-resolutions and decisions of the Board are required to enforce system-wide for the industrial and commercial bank.
6-the Director General of industrial and commercial bank, the Director of the Exchange, affiliates, business units, companies have a responsibility to provide complete, timely information related to the operation of the industrial and commercial bank at the request of the Board.
7-the members of the Management Board is responsible for protecting the confidentiality of the information provided.
8-the cost of operation of the Management Board, supervisory board, including salary and allowances for the members of the Management Board, supervisory board members and the Division of the Board is calculated on the cost management of the industrial and commercial bank. The Director General ensures the conditions and means of working for the Management Board, the supervisory board the Management Board.
Article 29. Control Board members 1-Control Board has 11 people including three dedicated members; 2 part-time members (12 members by the Minister of finance introduction, 1 member by the Governor of the State Bank introduced). Depending on the scale of the operation of the industrial and commercial bank, the number of supervisory board members can further increase, the increase in the number of supervisory board members by the Board.
2-Control Board Chief is a member of the Board because the Board assigned. The other members of the Supervisory Board appointed by the Board, resignation maneuver. Secretary of the Board and other members of the Board of control must be the standard State Bank Governor y. 3-member Board of supervisors who meet the qualification requirements and professional ethics as prescribed by the Bank and not the object prescribed in article 40 of the law on credit institutions.
Article 30. Duties and powers of the Control Board 1-check the financial activities of the industrial and commercial bank; supervise the observance of accounting mode, operation of the system of inspection and internal audit of the industrial and commercial bank.
2-the evaluation of the annual financial statements of the Bank for industry and trade; check each specific issues related to the financial activities of the industrial and commercial bank when it deems necessary, or at the discretion of the Board.
3-regularly informed the Board about the results of the financial activity of the industrial and commercial bank.
4-report of the Board for the accuracy, truthfulness, legality of the recording, storing and accounting documents, financial statements of the Bank for industry and trade; operation of the system of inspection and internal audit at industrial and commercial bank.
5-additional measure recommendations, modifications, improvements in the financial activities of the industrial and commercial bank under the provisions of the law.
6-use the system to check the internal audit of the industrial and commercial bank to perform its tasks.
7-other powers and duties prescribed by the law.
Category III: GENERAL MANAGER and HELP the article 31. Operating activities of the industrial and commercial bank's General Manager. Help the General Manager has a number of Deputy Director, Chief Accountant and the room, professional Committee.
Article 32. The Director General is the legal representative of the industrial and commercial bank, is responsible to the Board, before the law about conducting daily activities according to the tasks and powers specified in article 36 of this regulation.
Article 33. Deputy General Director was the help Of the ceo of one or some sectors of the industrial and commercial bank as assigned by the Director General and responsible to the Director General and the law on the duties assigned.
Article 34. The Director General, Deputy Director-General who is not subject to the regulation in article 40 of the law on credit institutions, residency in Vietnam in time, has the professional qualification, the operating capacity to industrial and commercial bank as required by the State Bank.
Article 35. The Director General, Deputy Director-General by the Governor of the State Bank appointment, dismissal, reward, or discipline as proposed by the Board.
Article 36. Duties and powers of the Director General 1-together with the President of the Board of capital newsletter and other resources allocated by the State to manage, use. Delivery of capital and other resources for the companies under the scheme was approved by the Board.
2-The Board: a) modify, supplement the Charter Bank of industry and Commerce;
b) founded the company;
c) Open transaction, branches, representative offices, established business units;
d) decide the organizational structure and executive management at Headquarters; organizational structure the Exchange operator, affiliates, representative offices, business units; The decision of the industrial and commercial bank;
DD) the appointment, resignation, maneuver, reward, or discipline, Vice President, Chief Accountant; Director: transaction branch, industrial and commercial bank, Head Office, business units, subsidiaries, except where the law has different rules for companies and other titles as defined by law;
e) issued the regulation on organization and operation of the test apparatus, internal audit under the provisions of the law; Organizational and operational regulations of the Exchange, affiliates, representative offices, business units;
f) enacting regulations: employees; Merit discipline; Finance, payroll;
g) approval of business activities, plans to use the profits after tax;
h) regulate interest rates, exchange rates, Commission rates, fees, the level of fines for violation of business and banking services to apply for each period in accordance with the law;
I) decide which buy shares of the enterprises and of other credit institutions;
k) separates the variant, merge, merging, acquisition of the defunct industrial and commercial bank and the Exchange, affiliates, representative offices, subsidiaries, business units of the Bank of industry and Commerce;
l) the changes prescribed in clause 1, article 31 of the law on credit institutions;
m) selecting audit organizations to audit the activities of the industrial and commercial bank;
n) through financial reports and annual settlement of industrial and commercial bank;
o) issued the guidance documents specifically implementing the policy, the policy of the regime, State, State Bank of Bank operations.
3-appointment, dismissal, maneuver, reward, and Deputy Chief rooms discipline or professional service at Headquarters, Deputy Director, Chief Accountant, Sales Manager, the head of internal audit audit of transactions, affiliates, business units, subsidiaries and other titles as required by the law or regulations of the Board treatment provisions under the authority of the Director General.
4-implementation plan operations, plans to use the profits after tax as are approved by the Board.

5-operating and decide the issues relevant to the business operations of the Bank of industry and commerce in accordance with law and the decision of the Board; responsible for the business results of the industrial and commercial bank.
6-representing the industrial and commercial bank in international relations, litigation, disputes, dissolution, bankruptcy as required by law.
7-Be decided to apply the measures beyond his jurisdiction in cases of emergency (natural disasters, fire, the enemy, the problem) and take responsibility for those decisions, then must report immediately to the Board, the State Bank and other State agencies have the authority to tackle next.
8-subject to inspection, supervision of the Management Board, supervisory board, State Bank and other State agencies are competent for the implementation of his executive duties.
9-the report of the Board, the State Bank and other State agencies have the authority under the provisions of the law on business activities results of the industrial and commercial bank.
10-employment, labor contract, decide the termination of labor contracts, reward, discipline, salary and allowances for workers in industrial and commercial bank under the authority and in accordance with the law.
11-the rights and duties under the provisions of the law and the decision of the Board.
Article 37. Chief accountant by the Governor of the State Bank appointed, dismissed the proposal of the Management Board and after the agreement of the Ministry of finance. Chief Accountant helped steer President perform accounting, statistics of the Bank, has the authority and duties specified by law.
Article 38. The rooms, the expertise, professional in headquarters staff functions, help the Board and the Director General in management and administration, business organizations of the industrial and commercial bank. Organizational structure, functions and tasks of the room or professional Board by Board decision as proposed by the Director General.
Section IV: System CHECK, INTERNAL AUDITOR Article 39. The test system, internal audit 1-inspection system, dedicated internal audit (internal control system) of the Executive apparatus of the President from the headquarters to the transaction, branches, representative offices, subsidiaries help Of Executive Director smoothly , safe and lawful business activities of the Bank.
2-internal inspection system and the staff make this profession (internal Ombudsman) hosted unified direction in terms of career service in the whole industrial and commercial bank system; the independent activity for the Professional Division of Headquarters, the transaction, branches, representative offices, subsidiaries and independent reviews, the conclusions and recommendations of the audit, inspection activities.
3-those in the internal control system are not part-time jobs of industrial and commercial bank.
Article 40. Staff internal inspection internal inspection staff of the industrial and commercial bank have the common standards of the Bank staff, and have the following criteria: 1-knowing the law, competent that you take.
2-Bachelor's (or equivalent) of the Bank or the economy, financial accounting.
3-Bank work time of at least 3 years 4-wife, husband, parents, children, siblings of the Director General, Deputy Director General, industrial and commercial bank chief accountant not as Chief, Deputy, check the staff room to check internal audit at Headquarters.
Wife, husband, parent, child, sibling of the Director, Deputy Director, Chief Accountant at the Exchange, branches, subsidiaries, representative offices are not as Vice Chief, internal audit audit, inspection staff in the unit.
Article 41. The Mission of the Organization of the internal test 1-regularly check the observance of the law, the regulation of the State Bank and the internal regulations of the Bank of industry and Commerce; direct examination of the business activities on all the sectors at Headquarters, the Department of transactions, affiliates, representative offices, subsidiaries, business units.
2-audit business activities each period, each sector in order to assess the results of operations and financial situation of the industrial and commercial bank.
3-timely reporting to the ceo, the Board and the Board of control test results, internal audit and outlined the recommendations to remedy defect exists.
4-other duties prescribed by the Director General.
Article 42. The powers of the internal test organization: 1-required professional departments and employees to do business process award jobs have done, are doing, present the text direction, certificate from the records books and other relevant materials (when necessary) in operation to serve the inspection or audit.
2-proposed ceo (Director) founded the test group, to perform the task of checking, periodic audits or irregular.
3-check the internal audit at Headquarters or the Chief internal audit in the transaction, branches, representative offices, subsidiaries are to attend the meeting by the Director General or directors convened.
4-recommendations to the Director General or directors of the handle according to the authority for these units, individuals with violations of the laws and regulations of the State Bank, the industrial and commercial bank.
5-other rights prescribed by the Director General.
Chapter 4: financial, ACCOUNTING, reporting, auditing for the INDUSTRIAL and COMMERCIAL BANK section I: finance article 43. Industrial and commercial bank financial regimes in accordance with the instructions of the Government, the Ministry of finance.
Chairman of the Board, General Director of the industrial and commercial bank is responsible before the law, before the State Management Agency regarding the observance of the Bank's financial regime.
Article 44. The capital operation of the industrial and commercial bank include the following sources: 1-capital;
2-capital asset procurement and construction by the State level (if any);
3-The difference due to the revaluation of assets, the difference in rates;
4-The Supplemental Reserve Fund, capital investment fund professional development, financial reserve fund, reserve fund subsidies reward Fund, job loss, a welfare fund;
5-profits are not distributed to the Fund;
6-capital according to the forms prescribed in article 5 of this regulation;
7-The other kind of capital in accordance with the law.
Article 45.
1-industrial and commercial bank is used which works to serve in active trading, construction, procurement of fixed assets according to the provisions of the law.
2-industrial and commercial bank is entitled to change the capital structure, the property serving for the development of activities under the provisions of the law.
3-industrial and commercial bank property loans, made between companies having legal personality, independent accounting.
Article 46. Extract of the industrial and Commercial Bank Foundation was established the Fund: 1-additional reserves Fund capital;
2-financial reserve fund;
3-Professional Development Fund;
4-Reserve Fund support, job loss;
5-reward Fund;
6-Welfare Fund.
The excerpt created using the code above as required by law.
Article 47. The financial autonomy of the industrial and commercial bank 1-industrial and commercial bank financial autonomy, self responsible for operations, service and its commitments under the provisions of the law.
2-within a period of 120 days from the date of the end of the fiscal year, the industrial and commercial bank public financial reports as prescribed by law.

Section II: ACCOUNTING, Report 48.
1-industrial and commercial bank accounting regimes, statistics in accordance with the law.
2-the financial year of the industrial and commercial bank beginning January 1 and ending on December 31 of the last calendar year.
3-industrial and commercial bank made according to accounting accounting accounts system of bank regulation by the State.
Article 49.
1-industrial and commercial bank made financial report mode under the provisions of the law on accounting, statistics and business activity reports periodically in accordance with the State Bank Governor.
2-in addition to the periodic report, the industrial and commercial bank reported shortly with State Bank in the following cases: a) unusual happenings in professional activities can affect to the situation of the industrial and commercial bank business.
b) big changes on the Organization of the industrial and commercial bank.
3-within 90 days from the end of the fiscal year, the industrial and commercial bank sent State Bank annual reports in accordance with the law.
Section III: AUDIT for BANK article 50.
1-at the latest 30 days before the end of the fiscal year, the industrial and commercial bank selected an audit organization not internal audit to audit its activities. Audit organizations that must be approved by the State Bank.
2-The audit of the operations of the industrial and commercial bank is made according to the provisions of the law on credit institutions, the law on the independent audit and the text direction of the State Bank.
Chapter 5: SPECIAL CONTROL, bankruptcy, DISSOLUTION, LIQUIDATION of INDUSTRIAL and COMMERCIAL BANK Article 51.
1-in the case of industrial and commercial bank risk losing the ability to pay for its customers, the industrial and commercial bank must immediately report to the Bank on the financial situation, the causes and the measures already adopted, is expected to apply to the remedy.
2-industrial and commercial bank State Bank can be placed into a special control status in the following cases: a) the risk of loss of ability to pay;
b) inability to recover the Debt lead to the risk of losing the ability to pay;
c) Of accumulated losses of industrial and commercial bank is greater than 50% of the total capital of food and funds.
Article 52. The case of urgency, to ensure the affordability of customer deposits, Bank of industry and commerce 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 Bank of industry and commerce.
Article 53. Industrial and commercial bank bankruptcy The bankrupt Bank of industry and commerce made according to the provisions of article 98 of the credit institutions Act.
Article 54. Abolition of the industrial and commercial bank 1-industrial and commercial bank dissolved in the following cases: a) the State saw no need to maintain.
b) upon expiration of activities which are not State Bank for renewal;
2-State Bank Governor decided to dissolve and decided to form the Council dissolved the Bank of industry and commerce.
Article 55. Industrial and commercial bank liquidation 1-the case of industrial and commercial bank were declared bankrupt, the industrial and commercial bank liquidation is done according to the provisions of the law on enterprise bankruptcy.
2-When dissolved under article 54 of this Charter, the industrial and commercial bank proceed liquidate immediately under the supervision of the State Bank.
3-All costs related to the liquidation by the industrial and commercial bank.
Chapter 6: information and the SECURITY of the INDUSTRIAL and COMMERCIAL BANK Article 56. Industrial and commercial bank made periodic information to the account holder about the transaction and the balance on their account at the Bank of industry and commerce.
Article 57. Industrial and commercial bank was exchanging information with other credit institutions on banking activities and about the customer.
Article 58. Industrial and commercial bank has 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 relationships with industrial and commercial bank.
Article 59.
1-the staff of industrial and commercial bank and those concerned not to reveal national secrets and business secrets of the industrial and commercial bank that I know.
2-industrial and commercial bank is entitled to refuse the request of the Organization, individuals about to provide information concerning the deposit, the customer's property and the operation of the industrial and commercial bank, unless otherwise required by competent State agencies as prescribed by law or the consent of the customer.
Chapter 7: terms of IMPLEMENTATION of Article 60. This Charter applies in all industrial and commercial bank system, all individuals and units depend, directly under the Bank of industry and commerce is responsible for the implementation of this Charter.
Article 61. The unit depends, directly under the industrial and commercial bank based on the Charter and the relevant provisions of the law for the construction of the statute or the rules of organization and operation of the unit, the Director-General to the Director General of the Board of the Bank of industry and commerce registration issued. The Charter and the Organization and operation of the unit is dependent, directly, is not contrary to the Charter.
Article 62. The addition, modification of this Charter by the Board of the Bank of industry and Commerce and the only decision was made after the Governor of the State Bank of Vietnam medical standards.