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THE STATE BANK
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
01/2019/TT-NHNN
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Hanoi, February
01, 2019
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CIRCULAR
ON
AMENDMENTS TO THE CIRCULAR NO. 30/2015/TT-NHNN DATED DECEMBER 25, 2015 BY THE
GOVERNOR OF THE STATE BANK OF VIETNAM ON LICENSING, ORGANIZATION AND OPERATION
OF NON-BANK CREDIT INSTITUTIONS
Pursuant to the Law on the State Bank of Vietnam
dated June 16, 2010;
Pursuant to the Law on credits institutions
dated June 16, 2010;
Pursuant to the Law on amendments to the Law on
credit institutions dated November 20, 2017;
Pursuant to the Government’s Decree No.
16/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and
organizational structure of the State Bank of Vietnam;
Pursuant to the Government’s Decree No.
39/2014/ND-CP dated May 07, 2014 on operations of financial companies and
finance lease companies;
At the request of the Head of the Bank
Supervision and Inspection Agency;
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Article 1. Amendments to the
Circular No. 30/2015/TT-NHNN dated December 25, 2015 by the Governor of the
State Bank of Vietnam (“SBV”)
1. Clause 14 Article 3 is
amended as follows:
“14. Lessee (including the seller of an asset
that then leases that asset under a finance lease contract) refers to a
legal entity or individual that operates in Vietnam and directly uses the
leased asset to serve their operations.
When a household, artel or organization without a
legal status wishes to enter into a finance lease contract, such finance lease
contract must be concluded by its member or authorized representative.”.
2. Clause 17 Article 3 is
amended as follows:
“17. Operating lessee refers to a legal
entity or individual operating in Vietnam.
When a household, artel or organization without a
legal status wishes to enter into an operating lease contract, such operating
finance lease contract must be concluded by its member or authorized
representative.”.
3. Point a Clause 4 Article 14
is amended as follows:
“a) CV made using the form provided in the Appendix
No. 02 enclosed herewith; Criminal records:
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Regarding a person who does not hold the Vietnamese
nationality: The criminal record or another document of equivalent
validity (which contains sufficient information about criminal records,
including the criminal records that have been or not been expunged, and
prohibition from holding certain positions, incorporation and management of
enterprises and cooperatives) must be issued by a Vietnamese competent
authority or foreign competent authority as prescribed;
Such criminal record or another document of
equivalent validity must be issued by a competent authority not more than 06
(six) months before the date the application for the license is
submitted;".
4. Point b (ii) Clause 3
Article 15 is amended as follows:
“(ii) CV made using the form provided in the
Appendix No. 02 enclosed herewith; The criminal record which is issued by the
agency managing criminal record database and contains sufficient information
about criminal records (including the criminal records that have been or not
been expunged) and prohibition from holding certain positions, incorporation
and management of enterprises and cooperatives;
Such criminal record must be issued by a competent
authority not more than 06 (six) months before the date the application for the
license is submitted;".
5. Point d (ii) Clause 3 Article
15 is amended as follows:
“(ii) CV made using the form provided in the
Appendix No. 02 enclosed herewith; The criminal record of the legal
representative or the person who is authorized to represent the organization's
capital contributed to the non-bank credit institution as regulated in Point a
Clause 4 Article 14 hereof;”.
6. Point c Clause 3 Article 18
is amended as follows:
“c) Amend its Charter in conformity with the
modified license and submit the amended charter to SBV within 15 (fifteen)
business days after the date it is approved.”.
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“Article 22. Charter and amended charter
1. The Charter of a non-bank
credit institution must include the primary contents prescribed in Clause 1 Article
31 of the Law on credit institutions and must be conformable with the Law on
credit institutions and relevant laws. The non-bank credit institution
shall assume the full legal responsibility for its Charter and amendments to
its Charter, if any.
2. After getting the license,
the non-bank credit institution must submit its Charter to SBV within 15
(fifteen) business days from the date on which the Charter is approved by the
General Meeting of Shareholders or the Board of Members. If the Charter
is amended, the non-bank credit institution must submit it to SBV within 15
(fifteen) business days from the date on which the amended charter is
approved.”.
8. Point c Clause 5 Article 35
is amended as follows:
“c) The rental rescheduling shall be performed
prior to or within a period of 10 (ten) days from the agreed date on which the
rental payment is due.”.
9. The phrase “cho vay tổ chức
tín dụng, chi nhánh ngân hàng nước ngoài, tổ chức tài chính trong nước và nước
ngoài theo quy định của pháp luật;” (“grant loans to credit institutions,
branches of foreign banks, domestic and foreign financial institutions as
regulated by law;”) is added to the end of Point a Clause 2 Article 4 of the
Appendix No. 09A and to the end of Point a Clause 2 Article 4 of the Appendix
No. 09C.
10. Point n is added to Clause
3 Article 4 of the Appendix No. 09A, Point m is added to Clause 3 Article 4 of
the Appendix No. 09B, Point n is added to Clause 3 Article 4 of the Appendix
No. 09c, and Point k is added to Clause 7 Article 4 of the Appendix No. 09D as
follows:
“Deposit money at and receive deposits from
credit institutions, branches of foreign banks, domestic and foreign financial
institutions in accordance with applicable laws.”.
Article 2.
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2. The phrase “số chứng minh
nhân dân” (“Number of ID Card”) is changed into “số chứng minh nhân dân hoặc số
thẻ căn cước công dân” (“Number of ID Card or Citizen’s identity card”) at
Clause 6 Appendix No. 01, Clause 1 Appendix No. 02, Appendix No. 03, Clause 1
Appendix No. 04A, Clause 2, Clause 3 Appendix No. 04B, Clause 1 – Guidelines
for declaration using the form provided in Appendix No. 05, Clause 3 Appendix
No. 06 of the Circular No. 30/2015/TT-NHNN.
3. The phrase “Cục Thanh tra,
giám sát ngân hàng” (“Bank Supervision and Inspection Office”) is changed into
“Cơ quan Thanh tra, giám sát ngân hàng (đối với địa bàn có Cục Thanh tra, giám
sát ngân hàng)” (“Bank Supervision and Inspection Authority (for province where
the Bank Supervision and Inspection Office is established)”) at Point a Clause
3 Article 10, Point d Clause 1 Article 41, Article 7 Appendix No. 09A, Article
7 Appendix No. 09B, Article 7 Appendix No. 09C, Article 7 Appendix No. 09D of
the Circular No. 30/2015/TT-NHNN.
4. The phrase “vốn ủy thác,”
(“trust capital,”) at Point b Clause 4 Appendix No. 04A and Point b Clause 6
Appendix No. 04B of the Circular No. 30/2015/TT-NHNN is removed.
5. Point b (iv), Point d (iv)
Clause 3 Article 15, Point d (i), Point dd (i) Clause 2 Article 19, Clause 1,
Clause 4 Article 39, Article 40, Point c, Point g Clause 1 Article 41 of the
Circular No. 30/2015/TT-NHNN are abrogated.
Article 3. Responsibility for
implementation
The Chief of the Office, the Head of the Bank
Supervision and Inspection Agency, heads of relevant entities affiliated to the
SBV, Directors of the SBV’s branches in provinces or central-affiliated cities,
Chairpersons of the Board of Directors, Chairpersons of the Board of Members,
and General Directors (Directors) of non-bank credit institutions shall
implement this Circular.
Article 4. Implementation
provisions
1. This Circular comes into
force from March 20, 2019.
2. This Circular nullifies
Clause 9, Clause 10 Article 1 of the Circular No. 15/2016/TT-NHNN dated June
30, 2016 by the Governor of the State Bank of Vietnam./.
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PP. GOVERNOR
DEPUTY GOVERNOR
Doan Thai Son