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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.
17/2018/TT-NHNN
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Hanoi, August 14,
2018
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CIRCULAR
AMENDING AND SUPPLEMENTING
A NUMBER OF ARTICLES OF CIRCULARS PRESCRIBING LICENSING, BUSINESS NETWORK AND
FOREIGN EXCHANGE OPERATIONS OF CREDIT INSTITUTIONS AND FOREIGN BANK BRANCHES
Pursuant to the Law on State Bank of Vietnam
dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated
June 16, 2010 and the Law on Amending and Supplementing certain Articles of 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;
Upon the request of the Director of the
Department of Legal Affairs;
The State Bank's Governor hereby issues the
Circular amending and supplementing a number of Articles of Circulars
prescribing licensing, business network and foreign exchange operations of
credit institutions and foreign bank branches.
Article 1. Amending, supplementing and repealing
certain Articles of the Circular No. 40/2011/TT-NHNN dated December 15, 2011 of
the State Bank’s Governor prescribing licensing, organization and operation of
commercial banks, foreign bank branches and representative offices of foreign
credit institutions and other foreign organizations involved in banking
operations in Vietnam.
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“dd) All founding shareholders shall be required to
own at least 50% of the charter capital when establishing a joint-stock
commercial bank, and all of those who are legal persons shall own at least 50%
of total shares of founding shareholders;".
2. Point e clause 2 Article 9 shall be amended and
supplemented as follows:
“e) Notwithstanding the conditions prescribed in point
c and dd of this clause, a founding shareholder who is an individual person
must satisfy the following conditions:
(i) Hold the Vietnamese citizenship;
(ii) Not a prohibited person as provided in the
Enterprise Law;
(iii) Not eligible to use mobilized funding sources
and funds borrowed from any organization or individual as the contributed
capital;
(iv) Be a manager of the enterprise earning profits
within a minimum period of 03 consecutive years preceding the year of
submission of the application for a business license, or holding a
undergraduate or postgraduate degree in economics or law;".
3. Point g (ii) clause 2 Article 9 shall be amended
and supplemented as follows:
“(ii) Not allowed to use mobilized funding sources
and funds borrowed from any other organization or individual as the contributed
capital;”.
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Article 2. Repealing certain articles of the
Circular No. 21/2013/TT-NHNN dated September 9, 2013 of the State Bank’s
Governor prescribing business networks of commercial banks
Repealing point I clause 1 Article 6.
Article 3. Repealing certain articles of the
Circular No. 21/2014/TT-NHNN dated August 14, 2014 of the State Bank’s Governor
providing guidance on the scope of foreign exchange operations, conditions,
procedures and processes for approval of foreign exchange operations of credit
institutions and foreign bank branches
Repealing point a clause 2 Article 10 (which has
been amended and supplemented by clause 10 Article 1 of the Circular No.
28/2016/TT-NHNN dated October 5, 2016 amending and supplementing certain
articles of the Circular No. 21/2014/TT-NHNN dated August 14, 2014 of the State
Bank’s Governor providing guidance on the scope of foreign exchange operations,
conditions, procedures and processes for approval of foreign exchange
operations of credit institutions and foreign bank branches).
Article 4. Amending, supplementing and repealing
certain Articles of the Circular No. 30/2015/TT-NHNN dated December 25, 2015 of
the State Bank’s Governor prescribing the licensing, organizational structure
and operation of non-banking credit institutions
1. Clause 5 Article 11 (which has been amended and
supplemented by clause 2 Article 1 of the Circular No. 15/2016/TT-NHNN dated
June 30, 2016 amending and supplementing certain articles of the Circular No.
30/2015/TT-NHNN dated December 25, 2015 of the State Bank’s Governor
prescribing the licensing, organizational structure and operation of
non-banking credit institutions) shall be amended and supplemented as follows:
“5. Not allowed to use mobilized funding sources
and funds borrowed from any other organization or individual as the contributed
capital;”.
2. Point a clause 6 Article 11 (which has been
amended and supplemented by clause 2 Article 1 of the Circular No.
15/2016/TT-NHNN dated June 30, 2016 amending and supplementing certain articles
of the Circular No. 30/2015/TT-NHNN dated December 25, 2015 of the State Bank’s
Governor prescribing the licensing, organizational structure and operation of
non-banking credit institutions) shall be amended and supplemented as follows:
“a) Hold the Vietnamese citizenship;”.
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Article 5. Repealing certain articles of the
Circular No. 31/2012/TT-NHNN dated November 26, 2012 of the State Bank’s
Governor prescribing cooperative banks
Repealing point 6 Article 8, point 1 Article 25.
Article 6. Repealing certain articles of the
Circular No. 04/2015/TT-NHNN dated March 31, 2015 of the State Bank’s Governor
prescribing people’s credit funds
Repealing point d clause 1 Article 31 (which has
been amended and supplemented by clause 3 Article 2 of the Circular No. 06/2017/TT-NHNN
dated July 5, 2017 amending and supplementing certain articles of the Circular
No. 03/2014/TT-NHNN dated January 23, 2014 of the State Bank’s Governor
prescribing the fund for maintenance of prudence for the system of people's
credit funds and the Circular No. 04/2015/TT-NHNN dated March 31, 2015 of the
State Bank’s Governor regarding people’s credit funds).
Article 7. Implementation responsibilities
The Office’s Chief, the Director of the Department
of Legal Affairs, the Heads of the State Bank’s affiliates, the Directors of
the State Bank Branches of centrally-affiliated cities and provinces, the
Chairs of Management Boards, the Chairs of Members Boards, and the General
Directors (Directors) of credit institutions and foreign bank branches shall be
responsible for implementing this Circular.
Article 8. Implementary provision
This Circular shall enter into force from October
1, 2018./.
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THE GOVERNOR
THE DEPUTY GOVERNOR
Dao Minh Tu