THE STATE BANK
OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
17/2016/TT-NHNN
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Hanoi,
June 30, 2016
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CIRCULAR
ON MONEY BROKERAGE
OPERATIONS OF COMMERCIAL BANKS AND BRANCHES OF FOREIGN BANKS
Pursuant to the Law on the State bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Government's Decree No.
156/2013/ND-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State bank of Vietnam
(hereinafter referred to as the State Bank);
At the request of the Director of the Financial
policy department;
The Governor of the State Bank promulgates a
Circular on money brokerage operations of commercial banks and branches of
foreign banks.
Chapter I
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Article 1. Scope
This Circular deals with money brokerage services
of commercial banks and branches of foreign banks provided for customers.
Article 2. Regulated entities
1. Money brokers (hereinafter referred to as
brokers) are commercial banks and branches of foreign banks that are permitted
to provide money brokerage services by the State Bank as specified in the
establishment and operation license issued to the commercial banks or the
establishment license issued to the branches of foreign banks by the State
Bank.
2. Customers provided with money brokerage services
(hereinafter referred to as customers) are credit institutions, branches of
foreign banks established and operated in accordance with the Law on credit
institutions and other financial institutions.
Article 3. Interpretation of terms
For the purposes of this Circular, these terms
below shall be construed as follows:
1. Money brokerage (hereinafter referred to as
brokerage) is the provision of intermediary services against some brokerage
fees to arrange and facilitate banking operations and other business operations
as prescribed in Article 5 of this Circular between credit institutions,
branches of foreign banks and other financial institutions.
2. Other financial institutions are financial
institutions prescribed in the Law on prevention and fighting money laundering.
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Article 4. Rules of brokerage
1. The commercial bank or the branch of foreign
bank must provide internal regulations on brokerage operation in accordance
with this Circular and relevant law provisions, which at least contain:
procedures for brokerage performance; scope of responsibility and power of
persons related to the brokerage operation; and management of risks to the
brokerage operation.
Within 10 days from the date on which the internal
regulations are issued, amended or replaced, the commercial bank or the branch
of foreign bank must send such internal regulations, directly or by post, to
the Bank Supervision and Inspection Agency of the State Bank.
2. The brokerage services must be provided in
accordance with this Circular and relevant regulations of law.
3. At least one party being customer is a credit
institution, branch of foreign bank established and operated in accordance with
the Law on credit institutions.
4. Ensure the faithfulness, objectiveness and
customer’s legal interests:
a) Information about the transaction provided with
the brokerage and other information permitted to disclose by the customer must
be reflected accurately and sufficiently;
b) The commercial bank or the branch of foreign
bank may not provide falsified information or interfere the transaction in any
form to falsify the information leading the inaccurate evaluation of the
customer to the transaction provided with the brokerage and/or threatening the
customer’s legal interests;
5. The commercial bank or the branch of foreign
bank may not provide information about customers and transactions provided with
the brokerage for a third party, except for the request of competent authority
as prescribed by law or with the consent of the customer.
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Chapter II
SPECIFIC PROVISIONS
Article 5. Scope of brokerage
Commercial bank and the branches of foreign banks
are permitted to provide brokerage services in banking operation and other
business operation as prescribed in the Law on credit institutions and
guidelines of the State Bank.
Article 6. Methods of brokerage service
provision
The broker is able to provide brokerage services
through direct transactions or indirectly through computer network and/or
telephone for customers, or any of other methods agreed upon by the parties in
conformity with the parties' condition and in accordance with regulations of
law.
Article 7. Brokerage contracts
A broker and a customer may enter into a brokerage
contract according to their agreement, in accordance with this Circular and
relevant law provisions, at least containing:
1. Details of broker and customer.
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3. Brokerage fee and other expenses (if any).
4. Method(s) of payment, deadline for payment.
5. Rights and responsibilities of contracting
parties.
6. Liability for breach(es) of the contract.
7. Provisions of dispute handling.
8. Validity of contract.
9. Other agreements in accordance with this
Circular and relevant law provisions.
Article 8. Brokerage fees
Brokerage fees and other expenses shall be agreed
upon by the broker and the customer.
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The broker must prepare and keep records of the
brokerage operation, including:
1. Brokerage contracts.
2. Other documents relating to the brokerage
transactions.
Chapter III
IMPLEMENTATION
Article 10. Effect
1. This Circular comes into force from August 22,
2016, which replaces Decision No. 351/2004/QD-NHNN dated April 7, 2004 of the
Governor of the State Bank promulgating Regulations on money brokerage.
2. With regard to any of brokerage contracts
concluded before the effective date of this Circular, the credit institution or
the branch of foreign bank shall decide whether to keep execute such contract
in accordance with regulations of law at the time of conclusion of the contract
or make amendments to the contract in accordance with this Circular.
Article 11. Implementation
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2. The Chief officers, the Director of the
Financial policy department, Heads of affiliates of the State Bank of Vietnam,
Director of branches of the State Bank of provinces and central-affiliated
cities, Presidents of the Board of Directors, Presidents of the Member
assembly, General Directors (Directors) of credit institutions and branches of
foreign banks shall implement this Circular./.
PP. GOVERNOR
DEPUTY GOVERNOR
Nguyen Thi Hong