CIRCULAR guide implementation of Decree 93/1999/ND-CP dated 10/9/1999 of the Government on the organisation and operation of Bank inspectors on 04/09/1999, the Government issued Decree No. 88/1999/ND-CP, on the Organization and activities of the Inspector of the Bank, the State Bank of the Guide as follows : chapter I GENERAL PROVISIONS 1. Detective Inspector Bank specialist State Bank, was incorporated in the system of the State Bank of Vietnam (hereinafter the Bank) and has its own stamp.
2. The object of the inspection of the Bank include: 2.1. Organization and operation of credit institutions:-credit institutions (including: commercial banks, development banks, investment banks, policy banks and non-bank credit organization);
-Credit institutions of the State and the people (including: commercial banks and non-bank credit organization);
-Foreign credit institutions are allowed to operate in Vietnam (including: credit institutions; credit organization Venture Africa 100% foreign-owned banks, branches of foreign banks in Vietnam, representative offices of foreign credit institutions in Vietnam);
-Cooperative credit institutions;
2.2. Banking activities of the Organization are not credit institutions are state-licensed banks.
2.3. State agencies, economic and social institutions and individuals in the implementation of the provisions of the law on currency, credit and banking activities.
3. The content of the Bank inspector activities: 3.1. Perform regular monitoring of the implementation of the regulation of safety in the operation of the credit institution by the remote monitoring methods as specified by the Governor of the State Bank.
3.2. To conduct the inspection, testing, check out the observance of the law on currency and banking activities, the implementation of the provisions of the banking license for the objects specified in point 2 of this circular and in accordance with the law on the Ombudsman.
3.3. Verify, verify, conclusions and recommendations the complaints, accusations as prescribed by the law on complaints and denunciation regarding the organisation and operation of the Bank; Chairman, State Bank Governor to help steer the work of prevention and fight against corruption in the banking industry.
3.4. blocking detection and sanctioning of administrative violations by the authority; recommendations to the competent bodies handle violates the law on currency and banking activities.
3.5. Petition the Governor of the State Bank, Director of the State Bank branch, city agencies and other competent organizations, implementing measures to ensure enforcement of the law on currency and banking activities.
4. principles of operation of Bank inspectors: 4.1. Inspection activities, monitor and resolve complaints, accusations of Bank inspectors to ensure compliance with the provisions of the law on the Ombudsman, the law on the State Bank, The credit organization Law and the other legal texts concerned; ensure accurate, objective, and timely publicity.
4.2. Not an agency, organization or individual would be unlawful interference into the activity of Bank inspectors.
CHAPTER II SPECIFIC PROVISIONS Section I The POWERS And RESPONSIBILITIES Of The BANK INSPECTOR When CONDUCTING INSPECTION 5. When conducting the inspection, the Inspector of the Bank has the following powers: 5.1. The Inspector object and request the parties concerned to provide the documents, evidence and answer the issues related to the content of the Inspector;
5.2. Setting the minutes of the inspection, the Inspector and the conclusions and recommendations of those measures;
5.3. Measures preventing and handling administrative violations in accordance with the law;
5.4. implementation of other rights under the provisions of the law on the Ombudsman.
6. When conducting the inspection, the Inspector of the Bank is responsible for the following: 6.1. Produce inspection decision (for the protagonist Inspector) and tag inspectors;
6.2. Perform correct sequence, procedure of inspection under the provisions of the State Bank Governor, of the State Inspector General and the law on the Ombudsman, not troubling, harassment hinders normal banking operations and cause damage to the legitimate interests of the object Inspector.
6.3. decision report about inspection results and recommended inspection measures;
6.4. Law abiding, responsible decision and before the law on the Ombudsman and the conclusions of all behavior, his decision.
SECTION II Tasks, POWERS Of CHIEF INSPECTOR Of The STATE BANK, Chief INSPECTOR Of The STATE BANK BRANCH 7. Duties, powers of Chief Inspector of the State Bank: 7.1. The decision of planning, content and measures inspection according to inspection program has been the Governor of the State Bank for approval;
7.2. Managing, directing, guide the Ombudsman considers complaints, accusations against the Agency, units of State Bank;
7.3. Periodically report the inspection results to the Governor of the State Bank and the State Inspector General under the provisions of the law on the Ombudsman;
7.4. The decision to establish the Corps inspector or inspectors go election Inspector the Inspector object;
7.5. Is entitled to gather inspection officers of the branch bank of the city, to perform inspection duties when necessary;

7.6. Is required for credit institutions to conduct self-examination and report the results of Bank inspections;
7.7. The request to temporarily stop the execution, amendment or repeal the provisions of the credit institutions and other institutions have banking activities if those provisions are contrary to the law of the State Bank, the credit institutions Act and Ordinance on the inspection; at the same time report the State Bank Governor.
7.8. To temporarily suspend the enforcement of disciplinary decision, transfer of agency heads, the unit under direct State management of the Governor of the State Bank for people who are collaborating with the Bank inspectors or organizations are subjected to inspection, if it deems the enforcement decisions that interfere with the conduct of the inspection; the time limit for temporary suspension of the latest to announce decision on disposal of the inspection decision. After 5 working days from the date of suspension must be reported to the State Bank Governor. If the decision is in the said heads of unit, not by the Governor of the State Bank, the direct management recommendations Authority decided, at the same time report the State Bank Governor.
7.9. Warning, suspension from work for the Agency's units, administered directly by the Governor of the State Bank of deliberately obstructing the inspectors or do not implement the requirements, recommendations, the decision of the Inspector of the Bank. The time limit for temporary suspension of the latest to announce decision on disposal of the inspection decision. After 5 working days from the date of suspension must report the Governor State Bank; If it is heads, the unit led by the Governor of the State Bank of direct management or who is not in the administration of the Governor of the State Bank, then the petitioning Authority decided, at the same time report the State Bank Governor.
7.10. To temporarily suspend the work with respect to the credit institutions and other institutions that operate banks, if the base is that the person has violated the law on currency and banking activities. The time limit for temporary suspension of the latest to announce decision on disposal of the inspection decision. After 5 working days from the date of suspension must be reported to the State Bank Governor.
7.11. Suspension from the wrong Bank activity of credit institutions and other institutions of banking activities, if the base activities that violated the law on currency and banking activities; at the same time report the State Bank Governor.
7.12. the handling of administrative violations under the jurisdiction and petition the Governor of State Bank of sanctioning administrative violations in the field of money and banking activities under the provisions of the law.
7.13. the implementation of the other rights stipulated in article 9, article 14, of the Ombudsman Ordinance related to the object Inspector and the unit, the individual concerned within the governance of the State Bank.
7.14. Managing public inspection in the right; in collaboration with the relevant unit implementation regulation examination for the rank of inspectors appointed under the provisions of the State.
7.15. In cooperation with the relevant units (inside and outside the sector) organize professional training classes for officials and public servants in the banking inspection system;
7.16. Signed admitting State Bank Governor command on the text under the authority of the Chief Inspector of the State Bank in accordance with the law;
7.17. Perform other work by the Governor of the State Bank;
8. duties and powers of the Chief Inspector of the State Bank branch;
8.1. Organization development, program implementation, the Inspector's inspection plan State Bank for the units in the scope of responsibility of State Bank branch;
8.2. A decision or proposed Director of the State Bank branch, the city decided to inspect, check the credit institutions and other institutions have banking operations in the scope of responsibility the management of the Bank branch;
8.3. To temporarily suspend the enforcement of the decision of the credit institutions and other institutions of banking activities, if that decision left the law on the State Bank of Vietnam, law on credit institutions and the law on the Ombudsman. The time limit for temporary suspension of the latest to announce decision on disposal of the inspection decision; at the same time report the Director of State Bank branch and Chief Inspector of the State Bank.
8.4. Petitions Branch Manager Bank implemented the following measures: a) a suspension of banking operations of credit institutions and other institutions of banking operations under the authority of the Director of State Bank branch.
b) revoked license and banking operations of credit institutions, to revoke the license of Bank activities and organizations under the authority of the Director of State Bank branch.
8.5. Sanctioning administrative violations under the authority and make recommendations to the Director of State Bank branch sanctioning administrative violations in the field of money and banking activities under the provisions of the law, at the same time report the Chief Inspector of the State Bank.

8.6. To temporarily suspend the enforcement of disciplinary decision, transfer of agency heads, unit administered by the Director of State Bank branch for people who are collaborating with the banking inspection organization or is subjected to inspection, if it deems the enforcement decisions that interfere with the conduct of the inspection. The time limit for temporary suspension of the latest to announce decision on disposal of the inspection decision; If the decision is in the said heads of unit, not by the Director of State Bank branch manager then proposed decision authority; at the same time report the Director of State Bank branch and Chief Inspector of the State Bank.
8.7. Warning, suspension from work who deliberately impede the inspection or not done requests, Petitions, the Ombudsman's decision. The time limit for temporary suspension of the latest to announce decision on disposal of the inspection decision; If it is heads, the unit led by the Director of State Bank Branch Manager or person of authority, not administered by the Director of State Bank branch, the petitioning authority decision: at the same time report the Director of State Bank branch and Chief Inspector of the State Bank.
8.8. in the inspection process, be required to temporarily suspend the illegal banking activities, and reports to the Director of State Bank branch and Chief Inspector of the State Bank;
8.9. the implementation of the other rights stipulated in the terms of 1, 2, 3, 4, 5, 8, 9 Article 9 the Ombudsman Ordinance and the implementation of other rights by the Director of State Bank branch.
 
SECTION III SUPERVISION And OBJECT INSPECTOR Of STATE BANK INSPECTORS And INSPECTION BRANCH STATE BANK 9. State Bank inspectors responsible for monitoring and inspections: 9.1. State credit institutions, the Ombudsman directly to Headquarters, and the companies affiliated to the independent accounting of this organization.
9.2. The Central People's Credit Fund;
9.3. the banking activities of the Organization are not credit institutions are state-licensed bank;
9.4. The Bank venture in Vietnam; the non-bank credit organization 100% foreign capital; the foreign bank branches;
9.5. The units responsible for supervision and inspection of the State Bank branch, the city (when it deems it necessary).
10. Inspect the State Bank branch, the city is responsible for supervision and inspection on the area, including: 10.1. Branches, subsidiaries of credit institutions of the State;
10.2. The credit institutions of the State and people; the branches of credit institutions of the State and the people. For branches of credit institutions the shares that this Bank's headquarters in the city, the other end must send inspection records, concluded the Inspector for the State Bank branch, the city where the credit institution has its head office to coordinate.
10.3. the representative offices of foreign credit institutions in Vietnam;
10.4. Branch of the Central People's Credit Fund, the people's credit funds area, the people's credit Funds, banks, credit cooperatives;
10.5. the banking activities of the Organization are not credit institutions are the authority to license (authorization);
10.6. The agencies, economic and social institutions and individuals in the implementation of the provisions of the law on currency, credit and banking activities;
10.7. The units under the responsibility of the Ombudsman inspected the State Bank (when authorized).
11. The units of monitoring responsibilities, the inspection specified in point 10, section III above, to organize regular monitoring activities and direct inspection; timely detection and proceed to handle the offense under the provisions of the law with regard to the credit institution and its banking activities in other organizations and are responsible to the Governor of the State Bank before the law about their responsibilities.
SECTION IV ORGANIZATION Of BANK INSPECTORS 12. Organization of Bank inspectors 12.1. Inspector of the Bank held the following: a) the banking inspection at the Head Office of the State Bank called Bank inspectors.
b) inspected the Bank at branches of the SBV, the central cities known as the Inspector of State Bank branch.
12.2. The organization of inspection the State Bank: a) the structure, organisation, tasks, powers of Inspector of SBV is made according to the regulations of the SBV's Governor about the Organization and activities of the Inspector of the State Bank.
b) inspected the State Bank has the Chief Inspector, Deputy Chief Inspector.
c) the appointment, resignation and Chief Inspector of the State Bank to be implemented under article 12, Decree No. 88/1999/ND-CP dated 10/9/1999 of the Government on the organisation and operation of Bank inspectors.
d) appointing, dismissing the Deputy Chief Inspector of the State Bank by the Chief Inspector of the State Bank, the State Bank Governor decided.
12.3. The organization of inspection branch bank: a) the inspected State Bank branch is a subsidiary organization of the branch bank of the city.
b) Inspector of State Bank branch has a Chief Inspector, and the Deputy Chief Inspector.

c) the appointment, resignation and Chief Inspector of the branch by Branch Manager Bank of the city, the proposal, the Chief Inspector of the State Bank of the State Bank Governor decided.
d) the appointment, Deputy Chief Inspector of the State Bank branch led by the Director of the State Bank branch, the city decided to.
12.4. The duties of Inspector of State Bank branch by Branch Manager Bank regulated by the provisions of article 6. Decision No. 25/1999/QĐ-NHNN dated Jan. 11, 1999 of the Governor of the State Bank issued the regulation on organization and operation of the State Bank branch, central cities, Decree No. 88/1999/ND-CP dated 10/9/1999 of the Government on the Organization and activities of the Inspector of banks and this circular.
V 13 BANK INSPECTORS. The Bank inspectors are officials appointed under regulation by State inspectors. The management of inspectors was made under the provisions of the law on the Ombudsman.
14. Standard Bank inspectors to comply with the provisions of decision No 818/TCCC-VC on 21/10/1993, head Minister of Organization Department of Government issued professional standards the official turnover of State inspectors.
15. the Bank inspectors enjoy the benefits under the regulations of the State and inspectors of the State Bank, are equipped with the technical means to serve the operation of Bank inspectors.
16. In carrying out its task, the Bank inspectors have the rights specified in article 24.3, the Ombudsman Ordinance on April 1, 1990, the law on the State Bank of Vietnam, law on credit institutions on 12 December 1997 and this circular.
VI RELATIONSHIP BETWEEN BANK INSPECTORS with RELEVANT AUTHORITIES: 17. Inspector of the Bank subject to the direction and guidance on the Organization and inspection services of the State inspectors and make other relationships with State inspection under the provisions of the law on the Ombudsman.
State Bank Inspector is responsible for sending the inspectors Home inspection program countries annually, reported the results of inspection activities as specified by State inspectors.
In collaboration with the State inspection in the appointment of the ranks of Bank inspectors; training, professional training for public officials in the banking inspection system.
Make other relationships under the provisions of the law on the Ombudsman.
18. The relationship between the banking inspection with inspection of ministries, ministerial agencies, government agencies, the State Inspector organization locally with the law protection agencies are made according to the provisions of article 20.21 of the Decree on the Organization and operation of Bank inspectors.
19. Inspect the Bank used collaborators in the activity Inspector, under the provisions of the law on the Ombudsman.
SECTION VII IMPLEMENTATION REPORT MODE: 20. State Bank inspectors prepare reports according to the regulations of the State and the Bank Governor under the provisions of the law on the Ombudsman.
21. the inspectors State Bank branch in the province, the city has a responsibility to report the results of General Inspector of the first quarter, six months, quarter and year on the Organization and operation of Bank inspectors inspected the State Bank under the rules (except for irregular and at the request of the Governor of the State Bank) :-first quarter report submitted at the latest on March 20 of you;
-6 month report submitted at the latest on 10/6 every year;
Report-third quarter sent at the latest on 20 September each year;
-Report sent to the slowest year on November 20 every year.
SECTION VIII Reward, DISCIPLINE In The BANKING INSPECTION OPERATIONS 22. Servants, associates and Bank Inspector organization, there are merits in the inspection be rewarded according the current rewards mode of State and Governor of the State Bank.
23. Officials, civil servants, Bank inspectors have violations of the provisions of article 14 of the State Bank Law, the lack of accountability in conducting their duties, covering the Organization, individuals violating the provisions of the law on currency and banking activities, the provisions of this circular; or taking advantage of position and powers because of advantage or other personal motives which have violated the legitimate rights and interests of authorities, organizations and citizens, then depending on the extent to which violations were administrative, disciplinary prejudice criminal liability or damages under the provisions of the law.
The hamper, bribed, revenge Bank inspectors also depending on the nature and extent of the violation that the administrative or disciplinary prejudice criminal liability under the law.
CHAPTER III 24 ENFORCEMENT TERMS. The Chief Inspector of the State Bank, the head of the Service, and Bureau of subdivisions the State Bank, Director of the State Bank branch, city, Chairman of the Board and ceo (Director) credit institutions responsible for implementation of this circular.
25. This circular have the effect after 15 days from the date of signing and replacing decision 85/NH-QD on October 10, 1990 by Governor of the State Bank of Vietnam issued the regulation on organization and operation of State Bank Inspector, decision No. 17/NH-QD on 28/2/1991 of the State Bank of Vietnam Governor issued the inspection regime of the State Bank Vietnam.
26. The addition, modification to this circular by the SBV Governor decided to./.