STATE
BANK OF VIETNAM
------------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom - Happiness
--------------------
|
No.
398/1999/QD-NHNN3
|
Hanoi,
November 09th, 1999
|
DECISION
ON
THE ISSUANCE OF THE REGULATION ON OFF-SITE SUPERVISION OF CREDIT INSTITUTIONS
OPERATING IN VIETNAM
THE GOVERNOR OF THE STATE
BANK
- Pursuant to the Law on the
State Bank of Vietnam No. 01/1997/QH10 dated 12 December, 1997 and the Law on
Credit Institutions dated 12 December 1997;
- Pursuant to the Decree No. 15 CP dated 02 March, 1993 of the Government on
the assignment, authority and responsibility for the State management of the
ministries and ministry-level agencies;
- Pursuant to the Decree No. 91/1999/ND-CP of Government on the organisation
and operation of the State Bank Inspectorate;
- Upon the proposal of the Chief of the State Bank Inspectorate.
DECIDES
Article 1. To issue in
conjunction with this Decision The Regulation on off-site supervision of Credit
Institutions operating in Vietnam.
Article 2. This Decision
shall replace the Decision No. 137/QD-NH3 of the Governor of the State Bank on
the issuance of the Regulation on off-site supervision of the Banks and Credit
Institutions operating in Vietnam and shall be effective after 15 days from the
date of signing.
Article 3. The Director
of the Administration Department, the Chief of the State Bank Inspectorate,
Heads of the State Banks unit, General Managers of the State Bank branches in
provinces and cities, Chairman of the Board of Directors and General Directors
(Directors) of credit institutions shall be responsible for the implementation
of this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
REGULATION
ON
OFF-SITE SUPERVISION OF CREDIT INSTITUTIONS OPERATING IN VIETNAM
(issued in conjunction with the Decision No. 398/1999/QD-NHNN3 of the
Governor of the State Bank dated 9 November, 1999)
I. GENERAL PROVISIONS
Article 1. Off-site
supervision shall be the indirect examination through the compilation and
analysis of reports in order to make assessment on the following aspects of
Credit Institutions (abbreviated as CIs)
a. Developments of the Asset and
Liability structure;
b. Quality of the Asset:
c. Own capital;
d. Income, Expenditure and business
performance;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
f. Other related issues
Article 2. The subjects
of off-site supervision shall be the following CIs:
a. State-owned Credit
Institutions;
b. Joint-stock Credit
Institutions of the State and People:
c. Joint-venture Credit
Institutions;
d. Non-bank 100% foreign-owned
Credit Institutions;
e. Foreign bank branches:
f. Cooperative Credit
Institutions.
II. DETAILED PROVISIONS
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The methodology of off-site
supervision of the activities of Credit Institutions: On the basis of the
statement of accounts, the statistical reports of off-balance sheet items and
other reports submitted by the Credit Institutions in accordance with the
statistical reporting regime for Credit Institutions, the State Bank
Inspectorate shall review the data, compile and analyze performance of each
credit institution and that of the whole banking system under the aspects
mentioned in Article 1 of this Regulation.
Article 4.
The State Bank Inspeotorate
shall every month, inform the Credit Institutions or branches of Credit
Institutions of the results of the off-site supervision, together with comments
and recommendations on the issues to be corrected. Upon detecting any violation
of applicable laws, the State Bank Inspectorate shall, depending on the
seriousness of the violation, send inspectors to the Credit Institutions for
on-site inspection and apply corrective measures and impose administrative sanctions
(if any).
The results of off-site
supervision shall be the basis for the classification of Credit Institutions.
Article 5. The
responsibilities for off-site supervision of Credit Institutions operating in
Vietnam in the State Bank systems shall be divided as follows:
1. The State Bank Inspectorate
shall perform the off-site supervision for:
a. State-owned Credit
Institutions:
b. Foreign bank branches:
c. Joint-venture Credit
Institutions;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
e. The Central Peoples Credit
Fund.
2. State Bank branches in the
provinces and cities shall perform the off-site supervision for:
a. Joint-stock Credit
Institutions of the State and People;
b. Branches of Credit
Institutions:
c. Branches of non-bank 100%
foreign owned Credit Institutions:
d. Regional Peoples Credit
Funds;
e. Local Peoples Credit Funds.
Article 6.
Units of the State Bank which
are responsible for the off-site supervision mentioned in Article 5 shall have
to organize the receipt of statistical and accounting reports from the Credit
Institutions, to perform regular off-site supervision and timely detection of
violations. request for immediate correction and measures to be taken by Credit
Institutions to seriously deal with the violation in accordance with applicable
laws.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 7. The Chairman
of the Board of Director, General Directors (Directors) of Credit Institutions
shall be responsible:
1. To guide the strict
compliance with the due and sufficient submission of banking statistical and
accounting reports in accordance with the regime on statistical reporting by
Credit Institutions.
2. To guide the dependent units
to correct violations detected through the off-site supervision as concluded
and recommended in the information on periodical off-site supervision. The
Credit Institutions shall have to report to the State Bank Inspectorate or the
State Bank Branches in provinces or cities (depending on the responsibility
division as provided for in Article 5 of this Regulation) the correction
results and the violation treatment 30 days since the date of receiving the
information at the latest.
Article 8. Credit
Institutions violating Article 7 of this regulation shall, depending on the
seriousness of the violation, be subject to administrative sanction in
accordance with applicable laws.
Article 9. The Chief
Inspector shall guide the implementation of this Regulation.
Article 10. The
amendment, supplement to this Regulation shall be decided upon by the Governor.