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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 340/2025/ND-CP
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Hanoi, December
25, 2025
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DECREE
PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN MONETARY AND BANKING SECTOR
Pursuant to the Law on Government Organization
No. 63/2025/QH15;
Pursuant to the Law on Handling of
Administrative Violations No. 15/2012/QH13, as amended by the Law No.
67/2020/QH14 and the Law No. 88/2025/QH15;
Pursuant to the Law on State Bank of Vietnam No.
46/2010/QH12;
Pursuant to the Law on Credit Institutions No.
32/2024/QH15, as amended by the Law No. 96/2025/QH15;
Pursuant to the Law on Deposit Insurance No.
06/2012/QH13;
Pursuant to the Law on Anti-money Laundering
No.14/2022/QH15;
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Pursuant to the Law on Negotiable Instruments
No. 49/2005/QH11;
Pursuant to the Ordinance on Foreign Exchange
No. 28/2005/PL-UBTVQH11, as amended by the Ordinance No. 06/2013/UBTVQH13;
At the request of the Governor of the State Bank
of Vietnam (“SBV”);
The Government of Vietnam promulgates a Decree
prescribing penalties for administrative violations in monetary and banking
sector.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with administrative
violations, penalties, fines, remedial measures and implementation thereof,
power to impose penalties and power to make records of administrative
violations in monetary and banking sector.
2. Administrative violations in monetary and
banking sector include:
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b) Violations against regulations on organization,
administration and management
c) Violations against regulations on shares, share
certificates and stakes;
d) Violations against regulations on capital
mobilization and service charges;
dd) Violations against regulations on credit
extension, offer and acceptance of trusteeship, and interbank operations;
e) Violations against regulations on credit
information-related activities and provision of credit information services;
g) Violations against regulations on foreign
exchange operations and gold trading;
h) Violations against regulations on payment, cash
and vault management, and provision of treasury services;
i) Violations against regulations on purchase of
and investment in fixed assets, real estate business and consulting services of
credit institutions and foreign bank branches (FBBs);
k) Violations against regulations on guarantee of
safe operation of credit institutions and FBBs;
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m) Violations against regulations on anti-money
laundering; anti-terrorism financing; counter to financing of proliferation of
weapons of mass destruction;
n) Violations against regulations on provision of
information and reporting;
o) Violations against regulations on obstruction of
inspection and examination, and failure to comply with requests of competent
officials;
p) Violations against regulations on debt trading
and settlement;
q) Violations against regulations on information
technology security for banking operations.
Article 2. Entities incurring
administrative penalties
1. This Decree applies to organizations or
individuals that commit administrative violations in the monetary and banking
sector.
2. The organizations mentioned in clause 1 of this
Article include:
a) Credit institutions; domestic branches,
transaction offices, representative offices and administrative units of credit
institution; FBBs; representative offices of foreign credit institutions and
other foreign organizations performing banking operations;
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c) Co-operatives, cooperative unions, and their
affiliates (including branches and representative offices);
d) Other organizations duly established and
operating in Vietnam.
Article 3. Repeated
administrative violations
If an organization or individual repeatedly commits
any of the administrative violations prescribed in this Decree, such repeated
commission of the violation shall be considered as aggravating circumstance, except
cases of administrative violations prescribed in Article 7; Article 9; Article
10; Article 11; clause 2 Article 27; clauses 2, 8 Article 28; clause 2 Article
40; Article 57; Article 58; Article 61 of this Decree where the violating
entity shall incur penalties for each violation.
Article 4. Time of completion
of administrative violations
Ending dates of some violations in Chapter II
hereof, which are used for determining the running of prescriptive periods of
such violations, shall be determined as follows:
1. Regarding violations against regulations on
changes requiring written approval from the State Bank of Vietnam (hereinafter
referred to as “SBV”) as prescribed in Article 8 of this Decree, the ending
date of the violation shall be the date on which the changed content subject to
SBV’s approval no longer exists or the date on which the original state before
change is restored.
2. Regarding violations against regulations on
receipt of deposit, credit extension, offer and acceptance of trusteeship, or
interbank operations specified in point a clause 2 Article 15; points b, dd, e,
g clause 3, clause 5, point b clause 6, clause 8 Article 17; point a clause 1
Article 19; clauses 5, 6 Article 21 of this Decree, the ending date of the
violation shall be the date on which relevant parties fulfill their obligations
under an agreement or contract involving that violation.
3. Regarding violations against regulations on
notification, disclosure and publishing of information, or provision of
information, documents and reports as prescribed in clause 1 Article 11; point
a clause 1 Article 15; point a clause 1 Article 16; point n clause 1 Article
17; point d clause 4 Article 21; point c clause 1 Article 25; points a, c
clause 3 Article 27; point a clause 3 Article 28; point dd clause 1 Article 33;
point a clause 1 Article 35; point a clause 1 Article 44; clause 1 Article 52;
Article 56 of this Decree, the ending date of the violation shall be the date
on which the information, document or report is disclosed or published, or
modifications or additions to the disclosed or published information, document
or report are made.
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5. Regarding violations against regulations on
prudential ratios, classification of assets, off-balance-sheet (OBS) items,
creation and use of risk provisions specified in Article 41; points a, b, c
clause 1 Article 42 of this Decree, the ending date of the violation shall be
the date on which regulations on prudential ratios, classification of assets,
OBS items, creation and use of risk provisions are strictly observed or the
date on which the violating entity is relieved from the responsibility to carry
out classification of assets and OBS items, or to create and use risk provisions
involving the violation.
6. Regarding violations other than those specified
in clauses 1, 2, 3, 4, 5 of this Article, the person having the power to impose
administrative penalties shall, pursuant to regulations of law in force and
depending on actual facts of the violation, determine the ending date of the
violation as the basis for determining the running of the prescriptive period
for that violation.
Article 5. Penalties, fines,
power to impose fines, remedial measures and penalty imposition rules
1. Primary penalties:
a) Warning;
b) Fine.
2. Additional penalties:
a) Suspension of licenses for a fixed period. To be
specific: certificate of registration of foreign exchange agent or certificate
of registration of agent for exchange of bordering countries’ currencies shall
be suspended for 01 – 03 months;
b) Suspension of operations for fixed periods. To
be specific: suspension of foreign exchange operations for 03 – 06 months;
suspension of trusteeship operations for 01 – 03 months; suspension of debt trading
for 03 – 06 months; suspension of provision of credit information services for
01 – 03 months; suspension of use of information technology services rendered
by a third party for 01 – 03 months; suspension of gold bullion trading for 06
– 09 months; suspension of import of gold materials for 09 - 12 months;
suspension of grant of loans for outward investments for 01 – 06 months;
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3. Fines and power to impose fines:
a) The fine for every administrative violation
prescribed in Chapter II hereof is imposed on a violating individual. The fine
imposed on an organization is twice as much as the one imposed on an individual
for committing the same administrative violation;
b) The fine imposed for an administrative violation
committed by a person working at a people’s credit fund or microfinance
institution or their affiliate shall be 10% of the corresponding fine
prescribed in Chapter II hereof; The fine imposed on the people’s credit fund
or the microfinance institution or their affiliate shall be twice as much as
the fine imposed on the person working there;
c) The fines imposed by each title holder specified
in III hereof are incurred by individuals, and determined on the basis of the
maximum fines imposed on individuals specified in points a and b of this
clause. A title holder is entitled to impose a fine which is twice as much as
that imposed upon an individual upon an organization for committing the same
administrative violation.
4. Remedial measures:
a) Enforced transfer of profits illegally obtained
from the administrative violation to state budget; enforced return of erased or
altered licenses;
b) Enforced return of improperly collected fees or
amounts to payers; enforced return or recovery of trust assets for trustors;
enforced return of collected deposit insurance premiums, and recovery of paid
deposit insurance payouts; enforced repurchase or resale of debts;
c) Enforced recovery of outstanding debts; enforced
recovery of improperly used funds; enforced divestment; prohibition of
conversion of corporate bonds into shares; prohibition of exercise of
bond-attached warrants; enforced repurchase of corporate bonds sold to
subsidiaries that still hold such bonds;
d) Enforced establishment of funds in accordance
with law regulations; enforced classification of assets and creation of risk
provisions in respect of outstanding debts and ongoing administrative
violations; enforced reversal of improperly used risk provisions, and recording
of debts settled with risk provisions on the balance sheet as prescribed;
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e) Enforced compliance with regulations of law on
information technology security for banking operations; enforced compliance
with regulations of law on anti-money laundering, anti-terrorism financing, and
counter to financing of proliferation of weapons of mass destruction; enforced
compliance with regulations of law on payment; enforced compliance with
regulations of law on credit extension;
g) Enforced sealing and punching of counterfeit
money;
h) Enforced suspension of listing of shares on
foreign securities markets; enforced termination of operations; enforced
termination of one or some banking operations; enforced termination of
contracts for supply of insurance products and payment of costs and/or
compensation for damage caused by such termination of contracts for supply of
insurance products at the request of customers;
i) Prohibition of expansion of operating network
and areas until the credit institution has fully remedied its violations;
k) Suspension of dividend distribution until the
violation has been fully remedied;
l) Proposed revocation of license; certificate of
registration of foreign exchange agent; certificate of registration of agent
for exchange of bordering countries’ currencies; license to open and use
foreign currency account abroad; license for gold bullion trading; written
approval for provision of payment services without customers’ checking
accounts; license for provision of payment intermediary services; certificate
of eligibility to provide credit information services;
m) Proposed suspension or dismissal by competent
authorities of violating persons and/or persons responsible for the violation
from holding administration, management or control positions; proposed
prohibition of them from holding administration, management or control
positions at credit institutions or FBBs; proposed removal from office and
implementation by a credit institution or FBB of other appropriate measures
against violating persons within its competence;
n) Enforced dismissal or discharge, or proposed
issuance by competent authorities of decisions on dismissal or discharge, of
elected or appointed persons who commit administrative violations.
5. Exchange rates between USD and other foreign
currencies are determined according to the following provisions:
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b) For other foreign currencies: the cross rate of
such foreign currency to VND through USD, calculated using the exchange rate of
USD to VND which is the central rate quoted by SBV and the exchange rate of
such foreign currency to USD which is the exchange rate quoted on Reuters or
Bloomberg, or on other means in respect of foreign currencies which are not
available on Reuters or Bloomberg, at the time of commission of the
administrative violation.
6. During the consideration of the violations in
point b clause 4, point a clause 5 Article 7; points b, c clause 5 Article 17;
clause 2 Article 22; clause 3 Article 23; clause 3 Article 25; point o clause 4
Article 27; clause 1, points a, b clause 5, points b, c, d, e, i clause 6,
points a, d clause 7 Article 30; points a, e clause 4 Article 31; point a
clause 6, point d clause 7 Article 32; point b clause 4 Article 44; point a
clause 1 Article 52; clause 3 Article 55 of this Decree, if the violation is
suspected of a crime, the competent person who is handling the case must
transfer all documents relating to the violation suspected of crime to the
authority competent to institute criminal proceedings as prescribed in Article
62 of the Law on Handling of Administrative Violations. In case the entity that
commits the violation suspected of a crime is not liable to criminal
prosecution, they shall incur administrative penalties as prescribed in this
Decree.
Article 6. Implementation of
remedial measures
The implementation of certain remedial measures
against violations in monetary and banking sector is subject to the following
provisions:
1. Regarding the remedial measure that is proposed
revocation of license, certificate of registration of foreign exchange agent,
certificate of registration of agent for exchange of bordering countries’
currencies, license to open and use foreign currency account abroad, license
for gold bullion trading, written approval for provision of payment services
without customers’ checking accounts, license for provision of payment intermediary
services, or certificate of eligibility to provide credit information services:
Within 03 working days from the issue date of the
penalty imposition decision, the person issuing that decision shall send a
written request to a competent authority for application of this remedial
measure.
2. Regarding the remedial measure that is proposed
suspension, dismissal or prohibition of violating persons and/or persons
responsible for the violation from holding administration, management and
control positions at credit institutions or FBBs:
Within 03 working days from the issue date of the
penalty imposition decision, the person issuing that decision shall send a
written proposal or request to a competent authority for application of this
remedial measure.
3. Regarding the remedial measure that is enforced
return of erased or altered license: pursuant to the penalty imposition
decision, the violating entity shall return the erased or altered license to
the licensing authority.
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a) The amount of profits illegally obtained shall
be determined by the person having the power to impose administrative penalties
and specified in the penalty imposition decision or the decision to impose the
remedial measure;
b) The amount of profits illegally obtained from an
administrative violation includes all profits obtained by the violating entity from the time of commission of the violation
until the ending date of the violation or the issue date of the penalty
imposition decision or the decision to impose remedial measure;
c) If an entity commits multiple violations, the
amount of profits illegally obtained from each violation shall be determined. If
an entity repeats a violation, the amount of profits illegally obtained from
each commission of the violation shall be determined;
d) Profits illegally obtained from an
administrative violation as prescribed in this Decree are objects, money,
valuable papers or other assets which are obtained from the violation,
determined on the basis of contracts and/or agreements performed by the
violating entity, and must be transferred to state budget;
dd) The amount of profits illegally obtained from
an administrative violation shall be determined according to the following
provisions:
The amount of
monetary profits illegally obtained from a violation is total amount of money
obtained by the violating entity from that violation, minus costs directly
constituting the violation, taxes and fees payable, determined according to
documents and records provided by the violating entity to prove the legitimacy
and validity of such costs;
The illegal profits being valuable papers are all
types of valuable papers obtained by the violating entity from the violation.
If the valuable papers have been transferred, the amount of profits illegally
obtained shall be total proceeds actually received at the time of transfer; if
the valuable papers have been illegally hidden or destroyed, the amount of
profits illegally obtained shall be determined according to the book values
recorded by issuers of such valuable papers when they are hidden or destroyed,
after deducting all direct costs of such valuable papers, taxes and fees payable, determined according to
documents and records provided by the violating entity to prove the legitimacy
and validity of such costs.
The illegal profits being objects or other assets
obtained from the violation are other assets as defined in the Civil Code.
e) Regarding the violation specified in Article 13
of this Decree, in addition to the illegal profits determined according to
provisions of point dd of this clause, an additional amount of illegal profits
is determined as follows:
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Where the violating entity has not yet sold the
number of shares involving the violation: Amount of illegal profits = Dividends
distributed in cash + Dividends distributed in valuable papers (equivalent
value determined upon receipt of dividends) + Volume of shares involving the
violation x (Price of shares at the time of discovery of the violation -
Average purchasing price of shares) - Taxes, fees payable.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND FINES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT AND USE OF LICENSES, AND PROHIBITED ACTS
Article 7. Article 4.
Violations against regulations on licenses granted by SBV, and prohibited acts
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for using documents containing an organization’s
name different from the one specified in its license during its operation.
2. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for failing to fulfill, or failing to maintain the
fulfillment of, conditions for inauguration of domestic branches or transaction
offices of a credit institution.
3. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for failing to fulfill conditions for inauguration
as prescribed by the Law on Credit Institutions.
4. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
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b) Erasing or altering the contents of a license,
if not liable to criminal prosecution, except the case prescribed in point b
clause 4 Article 31 hereof.
5. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for committing one of the following violations:
a) Falsifying documents proving the satisfaction of
eligibility requirements enclosed with the application for license, if not
liable to criminal prosecution, except the case prescribed in clause 2 Article
22, point a clause 4 Article 31 hereof;
b) Conducting operations against the license,
except the cases prescribed in clause 1, point b clause 6 of this Article;
clause 6 Article 21; point c clause 8 Article 27; points c, dd clause 5, point
a clause 6 Article 28; point d clause 4 Article 31 hereof;
c) A transaction office performs operations which
it is not allowed to perform in accordance with regulations of law on operating
network of commercial banks.
6. A fine ranging from VND 300.000.000 to VND
400.000.000 shall be imposed for committing one of the following violations:
a) Continuing to carry out operations after a
competent authority has issued a decision on restriction, suspension or
termination of operations as prescribed by the Law on the State Bank of
Vietnam;
b) Carrying out banking operations or other
business operations other than those specified in the issued license, except
the case specified in point dd clause 4 Article 8 hereof.
7. A fine ranging from VND 400.000.000 to VND
500.000.000 shall be imposed for committing one of the following violations:
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b) Committing any violation against regulations on
use of terms relating to banking operations as prescribed in the Law on Credit
Institutions;
c) Unlawfully intervening in banking operations or
other business operations of credit institutions or FBBs;
d) Committing any violation against regulations on
sale of optional insurance products in combination of provision if banking
products and services in any shape or form as prescribed in the Law on Credit
Institutions.
8. Remedial measures:
a) Enforced transfer of profits illegally obtained
from any of the violations in clause 4, points a, b clause 5, clause 6 and
point a clause 7 of this Article to state budget;
b) Proposed revocation of the license if any of the
violations prescribed in points a, b clause 5 and point a clause 6 of this
Article is committed;
c) Proposed suspension by competent authorities of violating
persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs if any of the violations
prescribed in clause 4, points a, b clause 5, clause 6 and point a clause 7 of
this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
d) Enforced return of erased or altered licenses to
licensing authorities or persons if the violation in point b clause 4 of this
Article is committed;
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Article 8. Violations against
regulations on changes requiring written approval by SBV
1. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for performing one of the following acts before
obtaining SBV’s written approval:
a) Changes in name and/or operating duration of a
credit institution or FBB;
b) Suspension of business for 05 working days or
more;
c) A credit institution’s establishment of a
domestic branch or transaction office; establishment of a domestic
representative office or administrative unit; establishment of an overseas
branch, representative office or subsidiary bank.
2. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for trading or transferring stakes of the owner;
trading or transferring stakes of a capital-contributing member; carrying out
purchase or receipt of transfer of shares which makes the purchaser or
transferee become a majority shareholder, before obtaining a written approval
from SBV.
3. A fine ranging from VND 150.000.000 to VND 200.000.000
shall be imposed for making changes in the charter capital or allocated capital
before obtaining a written approval from SBV as prescribed by the Law on Credit
Institutions.
4. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for performing one of the following acts before
obtaining SBV’s written approval:
a) A credit institution’s relocation of its
headquarters, branch or transaction office, a FBB’s relocation;
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c) A credit institution’s change of the governing
branch of its transaction office;
d) Voluntarily shutting down a branch or
transaction office of a credit institution;
dd) Performing banking operations and/or other
business operations;
e) A commercial bank’s change of the legal form of
its overseas subsidiary bank.
5. A fine ranging from VND 250.000.000 to VND
300.000.000 shall be imposed for performing one of the following acts before
obtaining SBV’s written approval:
a) Establishing or acquiring a subsidiary or associate
company as prescribed in the Law on Credit Institutions;
b) A credit institution’s contribution of capital
or purchase of shares as prescribed in point b clause 4 Article 111 of the Law
on Credit Institutions;
c) Participating in international payment systems,
unless otherwise prescribed by law;
d) Providing non-cash payment services without
customers’ checking accounts.
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7. Remedial measures:
a) Suspension of distribution of dividends until
the registered charter capital requirement is met if the violation prescribed
in Clause 3 of this Article is committed;
b) Enforced divestment from the subsidiary or
associate company or enforced transfer of shares/stakes if the violation
prescribed in point a or b Clause 5 of this Article is committed;
c) Enforced suspension of listing of shares on
foreign securities markets if the violation in point b clause 4 of this Article
is committed;
d) Enforced shutdown of the domestic branch or
transaction office; domestic representative office or administrative unit;
overseas branch, representative office or subsidiary bank of the credit
institution, and enforced transfer of profits illegally obtained from the
violation in point c clause 1 of this Article;
dd) Enforced termination of banking operations and/or
other business operations and enforced transfer of profits illegally obtained
from the violation in point dd clause 4 of this Article;
e) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs if any of the violations prescribed
in clause 2, clause 4, and point h clause 5 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Section 2. VIOLATIONS AGAINST
REGULATIONS ON ORGANIZATION, ADMINISTRATION AND MANAGEMENT
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1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Committing any violation against regulations on
Board of Directors, Board of Members, Board of Controllers and General Director
(Director) as prescribed in Article 50, Article 51, Article 55, Article 69,
clause 1 Article 77, Article 87, Article 91, Article 95 of the Law on Credit
Institutions;
b) Failing to dismiss, discharge, remove from
office or implement other measures against Deputy General Director (Deputy
Director), or Chief Accountant when they fail to fulfill eligibility
requirements and standards as prescribed by the Law on Credit Institutions;
c) Failing to convene or convening General Meeting
of Shareholders or General Meeting of Members against regulations of law;
d) A credit institution’s failure to notify SBV of
election, appointment or replacement of its legal representative, or sending of
such notification against regulations of law;
dd) A FBB’s failure to notify SBV of appointment or
replacement of its General Director (Director), or sending of such notification
against regulations of law.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Electing or appointing persons who are
prohibited from concurrently holding multiple positions as prescribed in the
Law on Credit Institutions;
b) Failing to discharge members of the Board of
Directors, members of the Board of Members, members of the Board of
Controllers, or General Director (Director) when they fail to fulfill
eligibility requirements and standards as prescribed by the Law on Credit
Institutions.
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a) Appointing persons who are prohibited from
holding positions as prescribed in clauses 2, 3 Article 42 of the Law on Credit
Institutions;
b) Appointing persons who fail to fulfill
eligibility requirements and standards as prescribed by law to hold the
positions specified in clause 5 Article 41 of the Law on Credit Institutions,
except the case specified in point a of this clause or point a clause 5 of this
Article.
4. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for electing or appointing title holders who fail
to fulfill eligibility requirements and standards as prescribed in clauses 1,
2, 3 and 4 Article 41 of the Law on Credit Institutions and regulations on
people’s credit funds, microfinance institutions, and cooperative banks, except
the cases specified in point a clause 3, point a clause 5 of this Article.
5. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for committing one of the following violations:
a) Electing or appointing persons who are
prohibited from holding positions as prescribed in clause 1 Article 42 of the
Law on Credit Institutions;
b) Electing or appointing persons whose names are
not specified in the recommended personnel list approved by SBV.
6. Remedial measures:
The credit institution or FBB is compelled to
dismiss or discharge elected or appointed persons, or a competent authority may
be requested to do so, if any of the violations in point b clause 1, and
clauses 2, 3, 4 and 5 of this Article is committed.
Article 10. Violations against
regulations on promulgation of charter and internal regulations
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a) Failing to send one or more of written internal
regulations to SBV as prescribed by law;
b) Failing to send the charter or amended charter
of the credit institution to SBV as prescribed in the Law on Credit
Institutions;
c) Promulgating internal regulations which do not
have adequate contents as prescribed by law.
2. A fine ranging from VND 40.000.000 to VND
80.000.000 shall be imposed for committing one of the following violations:
a) Failing to promulgate one or some internal
regulations as prescribed by law, except the case prescribed in clause 2
Article 47 hereof;
b) Promulgating internal regulations whose contents
do not comply with regulations of law, except the case prescribed in clause 2
Article 47 hereof.
3. Remedial measures:
a) Enforced submission of internal regulations,
charter or amended charter to SBV, if the violation in point a or b clause 1 of
this Article is committed;
b) Enforced promulgation of internal regulations in
accordance with regulations of law if any of the violations prescribed in point
c clause 1 and clause 2 of this Article is committed.
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1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to submit reports on internal or
independent audit results or failing to submit reports on internal control
system as prescribed by law.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Failing to select independent audit organization
to audit or provide assurance about the internal control system over preparation
and presentation of financial statements in the next fiscal year in accordance
with regulations of law;
b) Failing to notify SBV of the selected
independent audit organization within 30 days as prescribed in the Law on
Credit Institutions.
3. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) The internal audit department fails to fulfill
all of its duties defined in clause 2 Article 58 of the Law on Credit
Institutions and relevant laws;
b) Failing to carry out independent audits as
prescribed in the Law on Credit Institutions and relevant laws;
c) Failing to carry out senior management
oversight, internal control, risk management and internal capital adequacy
assessment as prescribed by law.
4. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for failing to establish an internal audit
department affiliated to the Board of Controllers.
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Section 3. VIOLATIONS AGAINST
REGULATIONS ON SHARES, SHARE CERTIFICATES AND STAKES
Article 12. Violations against
regulations on shares, share certificates, limit on capital contribution,
transfer and return of stakes
1. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Failing to issue physical share certificates
within 30 days from the date of inauguration of a new credit institution or
within 30 days from the date on which the shareholder makes full payment for
subscribed shares in case a credit institution increases its charter capital;
b) Failing to meet the requirement on the percentage
and duration for holding shares by founding shareholders as prescribed in the
Law on Credit Institutions;
c) Committing violations against law regulations on
limit on capital contribution, capital contribution percentage, transfer and
return of stakes to capital-contributing members in accordance with regulations
of law;
d) Failing to develop or failing to comply with the
roadmap for ensuring compliance with limits on holding of shares by
shareholders, shareholders and their related persons in accordance with
regulations of law;
2. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
a) Allowing holding of shares by shareholders or
shareholders and their related persons in excess of the limits specified in the
Law on Credit Institutions or in contravention of provisions of clause 11
Article 210 of the Law on Credit Institutions;
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c) Founding shareholders’ transfer of shares in
contravention of the Law on Credit Institutions, except the case prescribed in
point b clause 1 of this Article.
3. Remedial measures:
a) Enforced completion of the sale of shares
exceeding the prescribed limits within a maximum duration of 06 months from the
effective date of the penalty imposition decision, if the violation in point a
clause 2 of this Article is committed;
b) Enforced maintenance of prudential ratios within
a maximum duration of 06 months if the violation prescribed in point b clause 2
of this Article is committed;
c) Suspension of distribution of dividends until
remedial measures against the violation are fully implemented, if the violation
in point a or b cause 2 of this Article is committed;
d) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs if any of the violations
prescribed in clause 2 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Article 13. Violations against
regulations on capital contribution and purchase of shares
1. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
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b) Failing to develop or failing to comply with the
roadmap for ensuring compliance with regulations on limits on capital
contribution and purchase of shares of credit institutions and their
subsidiaries in accordance with regulations of law.
2. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for engaging in business operations specified in
clause 2 Article 111 of the Law on Credit Institutions without establishing or
acquiring subsidiary or associate companies.
3. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for committing one of the following violations:
a) Purchasing or holding shares of other credit
institutions without complying with SBV’s regulations on conditions and limits;
b) Making capital contribution to, buying or receiving
transfer of shares from a credit institution against provisions of point c
clause 1 Article 62 of the Law on Credit Institutions.
4. A fine ranging from VND 250.000.000 to VND
300.000.000 shall be imposed for committing one of the following violations:
a) Committing any violation against regulations on
limits on capital contribution and purchase of shares of credit institutions
and their subsidiaries prescribed in the Law on Credit Institutions or
committing violations against transition provisions in clause 5 Article 210 of
the Law on Credit Institutions;
b) Committing any violation against regulations on
capital contribution and purchase of shares laid down in Article 142 of the Law
on Credit Institutions.
5. Remedial measures:
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b) Enforced divestment or transfer of shares in
respect of the capital contributed or shares acquired against regulations, if
any of the violations in clauses 3, 4 of this Article is committed;
c) Suspension of distribution of dividends until
remedial measures against the violation are fully implemented, if any of the
violations prescribed in this Article is committed;
d) Enforced transfer of profits illegally
obtained from any of the violations in point a clause 1, clause 2, and clause 3
of this Article;
dd) Prohibition of expansion of
operating network and areas until the violation prescribed in this Article has
been fully remedied;
e) Proposed suspension by
competent authorities of violating persons and/or persons responsible for the
violation from holding the administration, management or control positions for
01 – 03 months, or proposed dismissal or prohibition of them from holding the
administration, management or control positions at credit institutions or FBBs,
if any of the violations prescribed in clauses 1, 2, 3 and 4 of this Article is
committed.
The relevant credit institution or
FBB is requested to remove from office and implement other appropriate measures
against violating persons within their competence.
Article 14.
Violations against regulations on offering and transfer of shares
1. A fine ranging from VND
150.000.000 to VND 200.000.000 shall be imposed for transferring shares while
holding a position prescribed in clause 1 Article 64 of the Law on Credit
Institutions.
2. A fine ranging from VND
250.000.000 to VND 300.000.000 shall be imposed for transferring shares in
contravention of provisions of clause 2 Article 64 of the Law on Credit
Institutions.
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Proposed suspension by competent
authorities of violating persons and/or persons responsible for the violation
from holding the administration, management or control positions for 01 – 03 months,
or proposed dismissal or prohibition of them from holding the administration,
management or control positions at credit institutions or FBBs if any of the
violations prescribed in this Article is committed.
The relevant credit institution or
FBB is requested to remove from office and implement other appropriate measures
against violating persons within their competence.
Section 4.
VIOLATIONS AGAINST REGULATIONS ON CAPITAL MOBILIZATION AND SERVICE CHARGES
Article 15.
Violations against regulations on taking of deposits
1. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for committing one of the
following violations:
a) Failing to notify or publicly
post information about taking of deposits, which must be notified or publicly
posted as prescribed by law;
b) Taking deposits against the
notified or publicly posted information;
c) Failing to follow procedures
for taking and paying out deposits as prescribed by law;
d) Committing any violation
against regulations on issuance of certificates of deposits to enterprises.
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a) Taking deposits from entities
other than eligible entities as prescribed by law;
b) Taking deposits in
contravention of regulations of law, except the cases prescribed in clause 1,
point a clause 2 of this Article.
Article 16. Violations against
regulations on deposit interest rates, service charges, trading and provision
of derivatives
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to openly post deposit interest rates
and service charges as prescribed, except the case specified in point a clause
1 Article 15 hereof;
b) Posting deposit interest rates and service
charges in a manner which is unclear and may mislead customers;
c) Collecting service charges in contravention of
regulations of law, except the cases specified in point a clause 4 Article 17,
point m clause 4 Article 27 hereof.
2. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for applying the deposit interest rates or service
charges other than the posted ones.
3. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for committing any violations against regulations
on deposit interest rates or regulations on trading and provision of
interest-rate derivatives, currency derivatives, commodity derivatives and
other derivatives, except the cases prescribed in clause 1, clause 2 of this
Article and point a clause 8 Article 27 hereof.
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a) Enforced return of improperly collected fees or
interest amounts to payers, or, in case of unknown payers, enforced transfer of
such fees or amounts to state budget, if any of the violations in clauses 1, 2
of this Article is committed;
b) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if any of the violations
prescribed in clause 3 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Section 5. VIOLATIONS AGAINST
REGULATIONS ON CREDIT EXTENSION, OFFER AND ACCEPTANCE OF TRUSTEESHIP, AND
INTERBANK OPERATIONS
Article 17. Violations against
regulations on credit extension
1. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing one of the following violations:
a) Failing to retain adequate credit extension-related
documents as prescribed by law;
b) Failing to openly post or provide adequate
information and documents to customers as prescribed by law;
c) Receiving and settling complaints of customers in
contravention of regulations of law on grant of consumer loans;
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dd) Committing any violation against regulations on
maximum outstanding balance of consumer loans and outstanding balance of loans
granted to an individual customer for living expenses;
e) Failing to issue a bracket of interest rates on
consumer loans for each period or issuing such a bracket without adequate
contents as prescribed by law on grant of consumer loans;
g) Committing any violation against regulations on
ratio of total outstanding balance of consumer loans directly disbursed to
customers to total outstanding balance of consumer credit.
2. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to inspect and supervise the use of
borrowed capital and debt repayment by customers in accordance with regulations
of law;
b) Committing any violation against regulations on
measures to expedite and recover debts laid down in law on grant of consumer
loans;
c) A specialized finance company’s commission of
violations against regulations on minimum ratio of outstanding balance from its
principal credit extension operation to its total outstanding credit balance.
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Preparing a credit extension agreement or
contract which does not have adequate contents required by law;
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c) Approving debt rescheduling or delinquency in
contravention of regulations of law;
d) Imposing rates of interest on credit extensions
against regulations of law;
dd) Collecting interests on delinquent debts and
late payment interests against regulations of law;
e) Collecting overdue loan debts against
regulations of law;
g) Extending credit to recipients that do not
provide information, documents and data as prescribed by law or that provide
inadequate ones;
h) Committing any violation against regulations on
effective periods of guarantee commitments or guarantee agreements.
4. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Collecting extension of credit-related fees
against regulations of law, except cases of extension of credit via credit
cards;
b) Employing disbursement methods other than the
prescribed ones, except the case prescribed in point g clause 4 Article 27
hereof;
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5. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Extending credit without entering into a written
agreement or contract;
b) Extending credit to organizations or individuals
located or residing outside operating areas of a people’s credit fund or
extending credit to organizations or individuals that do not meet eligibility
requirements as prescribed by law, if not liable to criminal prosecution;
c) Extending credit without guarantee or extending
credits with preferential conditions to the entities prescribed in clause 1
Article 135 of the Law on Credit Institutions, if not liable to criminal
prosecution;
d) Committing any violation against regulations on
credit extension in clauses 9, 10 Article 70, clause 3 Article 135 of the Law
on Credit Institutions;
dd) Granting loans to meet the fund demands which
must be rejected as prescribed by law;
e) Signing agreements or commitments on issuance of
guarantee beyond the jurisdiction prescribed by law;
g) Providing factoring for one or some cases in
which factoring is not allowed as prescribed by law;
h) Providing guarantee for financial obligations
which are not eligible for guarantee as prescribed by law;
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6. A fine ranging from VND 80.000.000 to VND 120.000.000
shall be imposed for committing one of the following violations:
a) Committing any violation against regulations on
credit extension limits in clauses 2, 4 Article 135, clauses 1, 2 and 8 Article
136 of the Law on Credit Institutions;
b) Extending credit in other forms without
obtaining a written approval from SBV;
c) Committing any violation against regulations on
maximum loan amounts granted by credit institutions for outward investment.
7. A fine ranging from VND 120.000.000 to VND
180.000.000 shall be imposed for committing violations against limits on and
conditions for extension of credit for investment and trading in shares or
corporate bonds by credit institutions and FBBs.
8. A fine ranging from VND 250.000.000 to VND
300.000.000 shall be imposed for extending credit to the entities prescribed in
clauses 1, 3, 4, 5 and 6 Article 134 of the Law on Credit Institutions.
9. Additional penalties:
Grant of loans for outward investment shall be
suspended for a fixed period of 01 - 06 months, if the violation in point c
clause 6 of this Article is committed.
10. Remedial measures:
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b) Enforced recovery of debts within a maximum
duration of 06 months from the effective date of the decision on administrative
penalty imposition, if any of the violations prescribed in points b, c, dd
clause 5, point b clause 6, clause 8 of this Article is committed;
c) Enforced compliance with regulations of law
within a maximum duration of 01 month from the effective date of the decision
on administrative penalty imposition, if any of the violations prescribed in
points d, e clause 1, point a clause 2 of this Article is committed;
d) Enforced compliance with ratio of total
outstanding balance of consumer loans directly disbursed to customers to total
outstanding balance of consumer credit within a maximum duration of 06 months
from the effective date of the decision on administrative penalty imposition,
if the violation in point g clause 1 of this Article is committed;
dd) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if any of the violations
prescribed in clause 5, point a clause 6, clause 7 and clause 8 of this Article
is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Article 18. Violations against
regulations on service introduction points
A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
1. Failing to enter into contracts for
establishment of service introduction points.
2. Entering into a contract for establishment of
service introduction point which does not clearly state responsibilities and
rights of the parties to the contract and the validity period of the contract.
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Article 19. Violations against
regulations on offer and acceptance of trusteeship
1. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Offering/accepting trusteeship to/from
ineligible trust beneficiaries or beyond the scope prescribed by law;
b) Entering into trust agreements which are made
inconsistently with law regulations.
2. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for failing to comply with trust principles when
offering or accepting trusteeship.
3. Additional penalty:
Offer and acceptance of trusteeship of the
violating credit institution or FBB shall be suspended for a fixed period of 01
– 03 months, if the violation prescribed in this Article is committed.
4. Remedial measures:
a) Enforced return or recovery of trust assets for
trustors, if the violation prescribed in this Article is committed;
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The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Article 20. Violations against
regulations on purchase and sale of corporate bonds laid down in law on credit
institutions
1. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed for failing to monitor and supervise the use of
proceeds earned from issuance of corporate bonds.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Committing any violation against regulations on
purchase of convertible bonds or warrant-linked bonds, except the case
specified in point c clause 4 of this Article;
b) Failing to use non-cash payment services when
making payments for bond purchase and sale transactions.
3. A fine ranging from VND 50.000.000 to VND
80.000.000 shall be imposed for violating principles for purchase and sale of
corporate bonds, except the cases specified in clauses 1, 2, 4 of this Article.
4. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
a) Failing to carry out appraisal of corporate
bonds in order to make decision on purchase of corporate bonds;
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c) A FBB’s purchase of convertible bonds or warrant-linked
bonds;
d) Selling corporate bonds to its own subsidiaries,
except the case where a credit institution acting as a transferee under a
mandatory transfer plan sells corporate bonds to the commercial bank that is
transferred under such a mandatory transfer plan;
dd) Purchasing corporate bonds from an issuer that
has changed the purpose of proceeds earned from its bond issuance as prescribed
by law prior to the date on which the credit institution purchases bonds but
such issuer is not rated at the highest level under the credit institution’s
internal credit rating system at the most recent rating.
5. Remedial measures:
a) Enforced recovery of funds used for purchasing
corporate bonds within a maximum duration of 01 year from the effective date of
the decision on administrative penalty imposition, if the violation prescribed
in point b, c or dd Clause 4 of this Article is committed;
b) Prohibition of conversion of corporate bonds
into shares; prohibition of exercise of bond-attached warrants, if the
violation prescribed in point c Clause 4 of this Article is committed;
c) Enforced repurchase of corporate bonds sold to
its own subsidiaries within a maximum duration of 01 month from the effective
date of the decision on administrative penalty imposition, if the violation
prescribed in point d Clause 4 of this Article is committed.
d) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs if any of the violations
prescribed in clause 4 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
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1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Updating and retaining information relating to
lending/borrowing transactions, or buying/selling forward of valuable papers in
contravention of regulations of law;
b) Failing to confirm transactions as prescribed;
c) Preparing lending agreements or agreements for
repurchase of valuable papers whose format or contents do not comply with
regulations of law;
d) Buying/selling valuable papers in currencies other
than the ones prescribed by law;
dd) Carrying out rediscounting of negotiable
instruments in currencies other than the ones prescribed by law;
e) Entering into agreements on rediscounting of
negotiable instruments which do not have adequate contents as prescribed by
law.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to strictly comply with regulations on
terms of lending, borrowing, making/taking deposits; buying/selling forward of
valuable papers; rediscounting of negotiable instruments;
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c) Failing to follow procedures for buying/selling
of valuable papers as prescribed;
d) Lending, borrowing, making or taking deposits
beyond the authorized scope as prescribed by law;
dd) Purchasing promissory notes, treasury bills or
deposit certificates whose remaining term to maturity is not conformable with
regulations of law.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for conducting lending/borrowing transactions
outside the premises of a FBB in Vietnam.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Failing to comply with general rules for
conducting lending/borrowing transactions; buying/selling forward of valuable
papers between credit institutions and/or FBBs;
b) Making deposits at other credit institutions in
contravention of regulations of law;
c) Failing to carry out re-assessment of customers
for re-determining credit limit for each customer as prescribed by law;
d) Failing to comply with regulations on provision
of information for lenders to serve their re-assessment of customers and
determination of transaction limits.
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a) Carrying out buying/selling forward of valuable
papers which are banned from trading;
b) Buying/selling valuable papers issued by
non-bank credit institutions in contravention of regulations of law;
c) Carrying out rediscounting of negotiable
instruments which do not meet eligibility requirements for rediscounting as
prescribed by law.
6. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for lending, borrowing, buying or selling valuable
papers in foreign currencies beyond the scope of foreign exchange operations
licensed by SBV.
7. Remedial measures:
Proposed suspension of violating entities and/or
persons responsible for the violation from holding the management or
supervision position for 01 – 03 months, proposed dismissal or prohibition from
holding the management or supervision position at a credit institution or FBB,
if any of the violations prescribed in clause 5 and clause 6 of this Article is
committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Section 6. VIOLATIONS AGAINST
REGULATIONS ON CREDIT INFORMATION AND PROVISION OF CREDIT INFORMATION SERVICES
Article 22. Violations against
principles and conditions for provision of credit information services
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a) Failing to maintain the fulfillment of one of
eligibility requirements for provision of credit information services as
prescribed by law;
b) Failing to enter into agreements or commitments
on provision of credit information services in writing or in other forms having
equivalent legal validity as prescribed by law;
c) Failing to disclose information as prescribed by
law.
2. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for falsifying documentary evidences of eligibility
enclosed with the application for issuance or modification of certificate of
eligibility to provide credit information services, if not liable to criminal
prosecution.
3. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for providing credit information services without
having a certificate of eligibility to provide credit information services
issued by SBV.
4. Remedial measures:
a) Enforced transfer of profits illegally obtained
from the administrative violation prescribed in clause 2 or 3 of this Article
to state budget;
b) Proposed revocation by competent authorities of
certificate of eligibility to provide credit information services, if the
violation prescribed in Clause 2 of this Article is committed;
Article 23. Violations against
regulations on credit information collection and processing
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a) Collecting credit information beyond the
authorized scope as prescribed by law;
b) Collecting credit information on borrowers
without obtaining their consent, unless such information is collected at the
request of a competent authority;
c) Using negative information on borrowers to
create credit information products against regulations of law;
d) Obstructing others’ lawful collection of credit
information.
2. A fine ranging from VND 40.000.000 to VND
80.000.000 shall be imposed for deliberately falsifying credit information.
3. A fine ranging from VND 80.000.000 to VND 100.000.000
shall be imposed for illegally collecting, providing, exchanging or using
credit information classified as state secrets, if not liable to criminal
prosecution.
4. Additional penalties:
a) The instrumentalities for committing the
violation prescribed in clause 3 of this Article shall be confiscated;
b) Provision of credit information services shall
be suspended for a fixed period of 01 – 03 months, if the violation prescribed
in Clause 2 or 3 of this Article is committed.
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Enforced correction of false information, if the
violation prescribed in Clause 2 of this Article is committed.
Article 24. Violations against
regulations on credit information security and retention
A fine ranging from VND 40.000.000 to VND
80.000.000 shall be imposed for committing one of the following violations:
1. Failing to comply with regulations or procedures
for information confidentiality and information technology security when
providing credit information services in accordance with regulations of law.
2. Failing to retain credit information on
borrowers for at least 05 years from the date on which the credit information
service provider collects such information.
3. Failing to carry out periodic review and
assessment of internal regulations for their appropriateness and compliance
with regulations of law.
4. Failing to adopt measures for protecting credit
information against loss, unauthorized access, use or disclosure.
5. Failing to adopt data recovery solutions in the
event of data corruption, loss, or damage, and plans for operational
restoration following such events.
Article 25. Violations against
regulations on access to and use of credit information products and services,
and exchange and provision of credit information
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a) Exchanging, providing or copying credit
information and/or credit information products for improper purposes or
ineligible entities or third parties against regulations of law;
b) Failing to provide users with warnings about
principles and scope of using credit information products;
c) Failing to publicly disclose principles and
scope of use, procedures for access to and use, and prices of credit information
services.
2. A fine ranging from VND 40.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Altering or changing credit information and/or
credit information products and providing them for a third party against
regulations of law;
b) Providing or exchanging credit information, or
providing credit information products without obtaining the borrower’s written
consent or against regulations of law;
c) Obstructing others' lawful use of credit
information.
3. A fine ranging from VND 100.000.000 to VND
200.000.000 shall be imposed for taking advantage of credit information-related
activities to seek personal profits or infringe on the interests of the State
or legitimate rights and interests of other organizations and individuals, if
not liable to criminal prosecution.
4. Additional penalty:
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5. Remedial measures:
Enforced transfer of profits illegally earned from
any of the violations in point a clause 1, and points a, b clause 2 of this
Article to state budget.
Article 26. Violations against
regulations on correction of errors in borrowers’ credit information
A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing one of the following violations:
1. Failing to reply or give written response to
requests for correction of errors, or failing to notify error correction
results as prescribed by law.
2. Failing to make error correction or cooperate in
correcting errors in borrowers’ credit information, or failing to correct and
re-send reporting data within the time limit prescribed by law.
Section 7. VIOLATIONS AGAINST
REGULATIONS ON FOREIGN EXCHANGE OPERATIONS AND GOLD TRADING
Article 27. Violations against
regulations on foreign exchange operations
1. A warning shall be issued for committing one of
the following violations:
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b) Selling/buying foreign currency at an unlicensed
currency exchange organization, if the value of foreign currency sold or bought
is less than USD 1.000 (or equivalent value in another foreign currency);
c) Making payment for goods or services in foreign
currency against regulations of law, if total payment is less than USD 1.000
(or equivalent value in another foreign currency).
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Selling/buying foreign currency between
individuals, if the value of foreign currency sold or bought is from USD 1.000
to under USD 10.000 (or equivalent value in another foreign currency);
selling/buying foreign currency between individuals, if the value of foreign
currency sold or bought is less than USD 1.000 to (or equivalent value in
another foreign currency) in case of recidivism or repeated violation;
b) selling/buying foreign currency at an unlicensed
currency exchange entity if the value of foreign currency sold or bought is
from USD 1.000 to under USD 10.000 (or equivalent value in another foreign
currency); selling/buying foreign currency at an unlicensed currency exchange
organization, if the value of foreign currency sold or bought is less than USD
1.000 to (or equivalent value in another foreign currency) in case of
recidivism or repeated violation;
c) Making payment for goods or services in foreign
currency against regulations of law, if total payment is less than USD 1.000
(or equivalent value in another foreign currency) in case of recidivism or
repeated violation; making payment for goods or services in foreign currency
against regulations of law, if total payment is from USD 1.000 to under USD
10.000 (or equivalent value in another foreign currency).
3. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to post currency buying and selling
rates at transaction offices as prescribed by law;
b) Posting currency buying and selling rates in an
unclear manner which may mislead customers;
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d) Failing to comply with regulations of law on
registration and notification with SBV in respect of changes relating to a
foreign exchange agent or an agent for exchange of bordering countries’
currencies; or notification of changes in outward investment-related foreign
exchange transactions;
dd) Failing to comply with regulations of law on
notification and application for SBV’s approval for modification, extension or termination
of contract for provision of foreign currency receipt and payment services;
e) Failing to comply with regulations of law on
application for SBV's approval for modification of the license for foreign
currency receipt and payment and other foreign currency operations in case of
changes in the name of the provider of prize-winning electronic games for
foreigners, or the casino enterprise, or for extension or re-issuance of such a
license; or for modification of the license to open and use foreign currency
account abroad in case of changes in the name of the account holder, or for
extension of term of use of the foreign currency account abroad;
g) Failing to comply with regulations of law on
administrative procedures for registration or registration of changes in
foreign loans or international bond issues; registration or registration of
changes in loans to non-residents and collection of debts arising from
guarantees provided for non-residents; registration or registration of changes
in outward investment-related foreign exchange transactions; registration of
proprietary trading limit; registration of temporary proprietary trading limit;
registration of trust limit; registration of temporary trust limit and other
administrative procedures for other funding transactions;
h) Selling/buying foreign currency between
individuals, if the value of foreign currency sold or bought is from USD 10.000
to under USD 100.000 (or equivalent value in another foreign currency);
i) Selling/buying foreign currency at an unlicensed
currency exchange organization, if the value of foreign currency sold or bought
is from USD 10.000 to under USD 100.000 (or equivalent value in another foreign
currency);
k) Making payment for goods or services in foreign
currency against regulations of law, if total payment is from USD 10.000 to
under USD 100.000 (or equivalent value in another foreign currency);
l) Selling/buying foreign currency at rates other
than those announced by SBV, except the cases prescribed in point dd and point
m clause 4 of this Article; collecting foreign currency transaction fees
against regulations of law.
4. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
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b) Failing to discharge responsibilities of a
foreign exchange agent or agent for exchange of bordering countries’ currencies
as prescribed by law; concurrently acting as a foreign exchange agent or agent
for exchange of bordering countries’ currencies for two or more credit
institutions in contravention of regulations of law;
c) Making payment for negotiable instruments in
foreign currency against regulations on foreign exchange operations in Article
9 of the Law on Negotiable Instruments and relevant laws;
d) Failing to comply with regulations of law on
opening, closing and use of accounts in Vietnam for conducting one of the
following operations: Foreign investments in Vietnam; Vietnam's outward
investments; foreign borrowing and debt repayment; grant of loans to
non-residents and recovery of debts thereof, issuance of securities abroad by
resident organizations; issuance of securities in Vietnam by non-resident
organizations and other funding transactions;
dd) Making the actual buying, selling or exchange
rate exceed the prescribed exchange rate margin by means of setting exchange
rates, commissions or brokerage fees in cash or in kinds and other promotions
for buying/selling foreign currency in any forms;
e) Concurrently acting as a foreign currency paying
agent for two or more economic organizations in contravention of regulations of
law;
g) Carrying out disbursement and repayment of
foreign loans; carrying out reimbursement and collection of loans granted to
non-residents; collecting debts arising from guarantees provided for
non-residents; transferring funds for making foreign investments in Vietnam or
Vietnam’s outward investments against regulations of law, unless this violation
is a result of the commission of the violation in point d clause 4 of this
Article;
h) Transferring or carrying foreign currency or VND
abroad or into Vietnam against regulations of law, except the case prescribed
in clause 9 of this Article;
i) Authorizing or re-authorizing an economic
organization or credit institution to act as a foreign currency paying agent
against regulations of law;
k) Failing to comply with regulations of law on
opening, closing and use of specialized foreign currency accounts for foreign
currency receipt and payment services;
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m) Failing to comply with regulations of law on
collection of service charges and application of exchange rates when providing
foreign currency receipt and payment services;
n) Carrying out transactions, quotation or
determination of prices in contracts or agreements, or posting or publishing
prices of goods, services or land use rights, or performing other similar acts
(including converting or adjusting prices of goods or services or contract or
agreement prices) in foreign currency in contravention of regulations of law;
o) Falsifying or forging documents submitted when
following administrative procedures for registration or registration of changes
in outward investment-related foreign exchange transactions; registration or
registration of changes in foreign loans or international bond issues;
registration or registration of changes in loans to non-residents and
collection of debts arising from guarantees provided for non-residents, if not
liable to criminal prosecution.
5. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Opening, closing or using foreign currency
accounts abroad against regulations of law;
b) Providing payment or money transfer services for
transactions relating to foreign loans, loans to non-residents, collection of
loans granted to non-residents, provision of guarantee for non-residents,
foreign investments in Vietnam, Vietnam’s outward investments and other funding
transactions against regulations of law;
c) Failing to comply with regulations of law on
exchange of tokens by providers of prize-winning electronic games for
foreigners or casino enterprises;
d) Failing to comply with regulations of law on
opening, closing and using of specialized foreign currency accounts for
prize-winning electronic games for foreigners and casino business operations;
dd) Failing to transfer the foreign currency
amounts exceeding the prescribed limit of foreign currency cash on hand to the
specialized foreign currency account opened at a licensed bank, in case the
revenue in foreign currency cash earned from the provision of prize-winning
electronic games for foreigners or casino business exceeds the limit of foreign
currency cash on hand prescribed by law;
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g) Selling/buying foreign currency at an unlicensed
currency exchange organization, if the value of foreign currency sold or bought
is USD 100.000 or more (or equivalent value in another foreign currency);
h) Making payment for goods or services in foreign
currency against regulations of law, if total payment is USD 100.000 or more
(or equivalent value in another foreign currency);
i) Failing to discharge responsibilities of a
foreign exchange agent or agent for exchange of bordering countries’ currencies
as prescribed by law, in case of recidivism; concurrently acting as a foreign
exchange agent or agent for exchange of bordering countries’ currencies for two
or more credit institutions in contravention of regulations of law, in case of
recidivism.
6. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
a) Extending credit or making domestic debt
repayments in foreign currency in contravention of regulations of law, except
the cases prescribed in Article 17 hereof;
b) Opening, closing or using foreign currency
accounts abroad against regulations of law, in case of recidivism;
c) Failing to comply with regulations of law on
foreign borrowing and debt repayment, except the cases prescribed in point g
clause 3, points d, g clause 4, point b clause 5, point a clause 7 of this
Article.
7. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for committing one of the following violations:
a) Using foreign loans for the purposes other than
the ones approved according to regulations on eligibility requirements for
foreign loans without the Government’s guarantee; failing to comply with
regulations of law on grant of loans to non-residents and collection of debts
arising therefrom; provision of guarantee for non-residents and other funding
transactions, except the cases prescribed in point g clause 3, points d, g
clause 4, point b clause 5, point c clause 6 of this Article;
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c) Failing to maintain foreign currency positions
as prescribed by law.
8. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for committing one of the following violations:
a) Trading or providing foreign exchange
derivatives in contravention of regulations of law;
b) Exporting or importing foreign currency or VND
cash in contravention of regulations of law, except the case prescribed in
point d of this clause;
c) Carrying out foreign exchange operations without
possessing a license granted by a competent authority, with an expired license
or after the license is revoked, or against the license, except the cases
prescribed in Point d Clause 4 Points a, d Clause 5 of this Article;
d) Exporting or importing foreign currency cash
without obtaining SBV's written approval.
9. Penalties for carrying foreign currency or VND
abroad or into Vietnam without declarations or with declarations made in
contravention of regulations of law shall be imposed according to the Decree
prescribing penalties for administrative violations in customs sector.
10. Additional penalties:
a) Foreign currency or VND cash shall be
confiscated, if any of the violations prescribed in Clause 2, Points h, i, k
Clause 3, Point h Clause 4, Points e, g, h Clause 5, Point d Clause 8 of this
Article is committed;
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c) Foreign exchange operations of the credit
institution or FBB that commits the violation prescribed in Point c Clause 8 of
this Article shall be suspended for a fixed period of 03 – 06 months.
11. Remedial measures:
Proposed revocation of certificate of registration
of foreign exchange agent or certificate of registration of agent for exchange
of bordering countries’ currencies or license to open and use foreign currency
account abroad, if the violation prescribed in Point i Clause 5 or Point b
Clause 6 of this Article is committed.
Article 28. Violations against
regulations on gold trading
1. A warning shall be issued for committing one of
the following violations:
a) Trading gold bullion with a credit institution
or enterprise that does not hold a valid license for gold bullion trading;
b) Using gold as a payment instrument.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Trading gold bullion with a credit institution
or enterprise that does not hold a valid license for gold bullion trading, in
case of recidivism or repeated violation;
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c) Failing to make payments for gold trading transactions
via checking accounts as prescribed by law.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Failing to openly post the buying and selling
prices of gold bullion, gold jewelry and fine art articles as prescribed by
law;
b) Failing to discharge responsibilities of the
credit institution or enterprise engaging in gold bullion trading in case of
changes in its branches or business locations as prescribed by law;
c) Producing gold jewelry and fine art articles
without declaring applicable standards or labeling goods as prescribed by law;
d) Producing gold bullion without declaring
applicable standards, weight or gold content of the products, or without
labeling goods as prescribed by law.
4. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Trading in gold bullion in contravention of
regulations of law, except the case prescribed in Point a Clause 8 of this
Article;
b) Carrying gold when exiting or entering Vietnam
in contravention of regulations of law, except administrative violations in
customs sector.
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a) Trading gold bullion through authorized agents;
b) Failing to comply with regulations of law on
gold positions;
c) Importing or exporting gold jewelry and fine art
articles; gold materials in the form of powder, solution, solder or salt, and
semi-finished gold jewelry products which are different from registered
business lines as prescribed by law;
d) Carrying out production or trading of gold
jewelry and fine art articles without fulfilling eligibility requirements for
license to produce and trade gold jewelry and fine art articles as prescribed
by law;
dd) Carrying out processing of gold jewelry and
fine art articles without such processing duly registered and included in
certificate of household business registration, certificate of business
registration, or enterprise registration certificate as prescribed by law.
6. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for committing one of the following violations:
a) Using imported gold materials against the
license to import gold materials;
b) Trading in gold bullion through authorized
agents, in case of recidivism.
7. A fine ranging from VND 250.000.000 to VND
300.000.000 shall be imposed for producing gold bullion in contravention of
regulations of law.
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a) Producing or trading gold bullion without
obtaining a license for gold bullion production or trading as prescribed;
b) Importing or exporting gold materials or gold
bullion without obtaining a license from a competent authority as prescribed by
law;
c) Performing other gold business operations
without obtaining a license from a competent authority as prescribed by law.
9. Additional penalties:
a) Gold shall be confiscated, if any of the
violations prescribed in Clause 8 of this Article is committed;
b) Gold bullion trading shall be suspended for a
fixed period of 06 - 09 months, if the violation prescribed in Point a Clause 5
of this Article is committed;
c) Import of gold materials shall be suspended for
a fixed period of 09 - 12 months, if the violation prescribed in Point a Clause
6 of this Article is committed.
10. Remedial measures:
Proposed revocation of the license for gold bullion
trading, if the violation prescribed in Point b Clause 6 of this Article is
committed.
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Article 29. Violations against
regulations on interbank payment
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to comply with regulations on
organization of clearing houses, clearing payment, and interbank payment;
b) Failing to return incorrect payment documents
within the working day;
c) Transferring money to beneficiaries’ accounts
after prescribed time-limits;
d) Failing to provide deposit-related documents
within the prescribed time limit.
2. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Failing to immediately return the Credit order
when it is legally rejected; rejecting a Debit order with lawful authorization;
b) Assigning an unauthorized person to create and
send transaction orders through a clearing house or interbank payment system.
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a) Obstructing the operation of a clearing house or
interbank payment system;
b) Deliberately or accidentally revealing any
confidential information relating to the interbank payment system.
Article 30. Violations against
regulations on payment
1. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for making erasures or alterations on payment
instruments or payment documents against regulations of law; falsifying or
forging customer information on payment documents, if not liable to criminal
prosecution.
2. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to comply with regulations of law when
receiving and processing inquiries and complaints from customers or payment
accepting entities, or failing to adopt solutions enabling customers to look up
information online as prescribed by law;
b) Providing inaccurate information concerning use
of payment services;
c) Failing to monitor the validity periods of
personal identification papers of customers; notifying customers of validity of
their personal identification papers in contravention of regulations of law.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
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b) Committing any violations against regulations on
announcement and posting of payment service charge schedules;
c) Failing to provide customers with warnings and
instructions about fraudulent schemes or activities in opening and using
checking accounts; failing to provide instructions on data and information
security and safe usage of checking accounts;
d) Failing to comply with regulations of law on
duration of payment service interruptions and reporting on such interruptions.
4. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
b) Providing inaccurate information concerning
provision of payment services;
b) Signing payment orders ultra vires or using
electronic signatures of others;
c) Opening, using or granting authorization to use
checking accounts in contravention of regulations of law during use of payment
services;
d) Failing to adopt measures to ensure solvency, or
failing to maintain the balances of their checking accounts at banks and an amount
of cash larger than the amount payable to customers at the time of payment, in
respect of payment services without customers’ checking accounts rendered by
public postal service providers.
5. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
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b) Forging payment documents when rendering or
using payment services, if not liable to criminal prosecution;
c) Failing to promulgate risk management mechanism
for each form of provision of payment services as prescribed by law;
d) Providing payment services before entering into
written contracts or agreements as prescribed by law.
6. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for committing one of the following violations:
a) Opening checking accounts for customers or
allowing them to use checking accounts against regulations of law while
providing payment services;
b) Buying, selling, renting, leasing, borrowing or
lending checking accounts, or buying or selling checking account information,
involving 10 checking accounts or more, if not liable to criminal prosecution;
c) Forging payment instruments or keeping,
distributing, transferring or using forged payment instruments, if not liable
to criminal prosecution;
d) Issuing, providing or using illegal payment
instruments, if not liable to criminal prosecution;
dd) Operating against SBV’s approval for provision
of payment services without customers’ checking accounts;
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g) Committing any violation against regulations on
retention and updating of information and documents included in applications
for opening of checking accounts, and records of account-based payment
transactions during provision of payment services;
h) Allowing customers to use their expired personal
identification papers for opening and using checking accounts;
i) Using forged personal identification papers for
opening and using checking accounts, if not liable to criminal prosecution;
k) Failing to re-verify customer identification
information and adopt appropriate measures as prescribed by law on anti-money
laundering when opening and using checking accounts.
7. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for committing one of the following violations:
a) Infiltrating or attempting to infiltrate or
steal data, destroying or making illegal changes to software programs or
database used in payment; taking advantage of computer network errors for
profiteering purposes, if not liable to criminal prosecution;
b) Opening or maintaining anonymous or
impersonating checking accounts;
c) Performing, organizing or facilitating the
commission of the following acts: using or abusing checking accounts, payment
instruments or payment services for gambling, organizing gambling, fraud,
deception, illegal business activities, fictitious payment transactions, or
other illegal acts;
d) Stealing or colluding to steal information on
checking accounts, if not liable to criminal prosecution;
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8. A fine ranging from VND 250.000.000 to VND
300.000.000 shall be imposed for committing one of the following violations:
a) Committing any violation against regulations on
cash payment;
b) Act of providing payment services by an entity
which is not a licensed payment service provider.
9. Additional penalty:
The exhibits and instrumentalities used for
committing any of the violations prescribed in clause 1, point b clause 5 and
points c, d, i clause 6 of this Article shall be confiscated.
10. Remedial measures:
a) Enforced transfer of profits illegally obtained from
any of the violations prescribed in clause 1, points a, b clause 4, points a, b
clause 5, points b, c, d, dd, e clause 6, points a, b, c, d clause 7 and point
b clause 8 of this Article to state budget;
b) Prohibition of expansion of operating network
and areas until remedial measures against the violation are fully implemented,
if any of the violations prescribed in points a, c, d clause 6, point c clause
7 and point a clause 8 of this Article is committed;
c) Proposed revocation of approval for provision of
payment services without customers’ checking accounts, if the violation in
Point dd Clause 6 of this Article is committed.
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1. A fine ranging from VND 15.000.000 to VND 30.000.000
shall be imposed for committing one of the following violations:
b) Providing inaccurate information concerning the
provision or use of payment intermediary services;
b) Failing to comply with regulations of law when
receiving and processing inquiries and complaints from customers; failing to
adopt solutions enabling customers to look up information online as prescribed
by law;
c) Committing any violation against regulations on
tools serving SBV’s oversight of provision of e-wallet services.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Committing any violation against regulations on
use of e-wallet services;
b) Committing any violation against regulations on
assurance of safety in provision of payment intermediary services;
c) Failing to adopt supervision measures to ensure
the legality of payment transactions for foreign goods or services conducted
via payment intermediary services as prescribed by law;
d) Committing any violation against regulations on
e-wallet opening dossiers, agreements on opening and use of e-wallets, and
information on customers opening e-wallets; opening of e-wallets by electronic
means;
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e) Failing to comply with regulations of law on
duration of interruptions in provision of payment intermediary services and
reporting on such interruptions.
3. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Providing or revealing information on customers’
e-wallet balances or their payment transactions at payment intermediary service
providers against regulations of law;
b) Opening or maintaining anonymous or
impersonating e-wallets; buying, selling, leasing, renting, borrowing or
lending e-wallets; stealing or colluding to steal, buy or sell e-wallet
information, if the violation involves from 01 to fewer than 10 e-wallets.
4. A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed for committing one of the following violations:
a) Falsifying or forging documentary evidences of
eligibility included in the application for license to provide payment intermediary
services, if not liable to criminal prosecution;
b) Erasing or altering contents of; buying,
selling, transferring, leasing, lending or forging license to provide payment
intermediary services;
c) Entrusting or appointing other organizations or
individuals as agents to perform activities specified in the license to provide
payment intermediary services;
d) Operating against the license to provide payment
intermediary services;
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e) Forging payment documents when providing payment
intermediary services, if not liable to criminal prosecution;
g) Performing, organizing or facilitating the
commission of the following acts: using or abusing payment intermediary
services for gambling, organizing gambling, fraud, deception, illegal business
activities, or other illegal acts;
h) Committing any violation against regulations on
limits on transactions conducted via e-wallets;
i) Submitting inaccurate reports on balances on and
quantity of e-wallets as prescribed by law;
k) Cooperating or providing payment intermediary
services before entering into contracts or agreements, or under contracts or
agreements which do not have adequate contents as prescribed by law on
provision of payment intermediary services;
l) Committing any violation against regulations on connection
of customers’ e-wallets with their checking accounts in VND or debt cards;
m) Committing any violation against regulations on
currency used in payment transactions;
n) Failing to enter into agreements or contracts
with commercial banks or FBBs on payment and settlement of payment transactions
for foreign goods or services as prescribed by law;
o) Committing any violation against regulations on
mechanisms for ensuring payment capacity for payment-on-behalf and
collection-on-behalf services;
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q) Failing to maintain the fulfillment of
eligibility requirements for provision of payment intermediary services as
prescribed by law.
5. A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
a) Submitting inaccurate reports on balances on and
quantity of e-wallets as prescribed by law, in case of recidivism;
b) Committing any violation against regulations on
cooperation with foreign organizations in providing payment intermediary
services for customers that are non-residents and foreigners residing in
Vietnam in order to conduct payment transactions for their goods and services
in Vietnam.
6. A fine ranging from VND 150.000.000 to VND
250.000.000 shall be imposed for providing payment intermediary services
without possessing a valid license.
7. Additional penalty:
The exhibits and instrumentalities used for
committing the violation prescribed in Point e Clause 4 of this Article shall
be confiscated.
8. Remedial measures:
a) Enforced transfer of profits illegally obtained
from any of the violations in point b clause 3, points a, b, c, d, dd, e, g, i
clause 4, clause 6 of this Article to state budget;
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c) Enforced return of erased or altered licenses to
licensing authorities or persons, if the violation in point b clause 4 of this
Article is committed.
Article 32. Violations against
regulations on automated teller machines (ATMs) and bank card operations
1. A warning shall be issued for committing one of
the following violations:
a) Failing to carry out inspection and maintenance
of automated teller machines (ATMs);
b) Failing to update information on the
installation, relocation, retiming or shutdown of ATMs on the ATM management
system and official website of the payment service provider.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing one of the following violations:
a) Failing to give notification of the
installation, relocation, retiming or shutdown of ATMs as prescribed by law;
b) Failing to ensure that the ATM system operates
during customer service hours as prescribed by law;
c) Failing to maintain the continuous 24/7
operation of the customer service department to ensure that customers can make
contact at any time;
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dd) Failing to meet technical requirements for
safety and security of the ATM software and transmission lines as prescribed by
law;
e) Committing any violations against regulations on
announcement and posting of card service charge schedules.
3. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for failing to meet requirements regarding ATMs’
transaction logs as prescribed by law.
4. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for failing to adopt measures to ensure safety and
security of ATM operations.
5. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for committing one of the following violations:
a) Committing any violation against regulations on
currency of payment used for cards;
b) Collecting fees other than those in the
announced Fee Schedule when cardholders make payments using their cards;
c) Hiring, leasing, buying, selling, or opening
bank cards on behalf of others (except anonymous prepaid cards), if the
violation involves from 01 to fewer than 10 cards;
d) Entering into contracts for issuance and use of
cards against regulations of law.
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a) Hiring, leasing, buying, selling, or opening
bank cards on behalf of others (except anonymous prepaid cards), if the
violation involves 10 cards or more but is not subject to criminal prosecution;
b) Issuing cards or processing card payment in
contravention of regulations of law;
c) Failing to reject, or to take measures to
reject, card payment transactions in cases where such card payment transactions
must be rejected as prescribed by law;
d) Committing any violation against regulations on
ensuring security, safety and confidentiality in use of cards.
7. A fine ranging from VND 200.000.000 to VND
300.000.000 shall be imposed for committing one of the following violations:
a) Using, organizing or facilitating the use of
anonymous prepaid cards to conduct card transactions by electronic means or
withdraw cash;
b) Switching or conducting clearing and settlement
for card transactions in contravention of regulations of law on bank card
operations;
c) Performing, organizing or facilitating the
commission of the following acts: using or abusing bank cards for gambling,
organizing gambling, fraud, deception, illegal business activities, or other
illegal acts; conducting fictitious payment transactions at merchants (no
occurrence of any sale and purchase of goods or service provision);
d) Stealing or colluding to steal, buy or sell bank
card information, if not liable to criminal prosecution.
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The exhibits and instrumentalities used for
committing the violation prescribed in Point c Clause 5, Point a Clause 6,
Point a or c Clause 7 of this Article shall be confiscated.
9. Remedial measures:
a) Enforced transfer of profits illegally obtained
from any of the violations in point c clause 5, point a clause 6 and clause 7
of this Article to state budget;
b) Enforced return of improperly collected fees to
payers, or in case of unknown payers, enforced transfer of such fees to state
budget, if the violation in Point b Clause 5 of this Article is committed.
Article 33. Violations against
regulations on payment agents
1. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Providing inaccurate information concerning the
provision or use of payment agent services;
b) Receiving and processing customers’ inquiries
and complaints in contravention of regulations of law;
c) Collecting fees other than those specified in
the fee schedule established and announced by the principal;
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dd) Failing to publish the list of payment agents
that have entered into payment agency agreements on the principal’s website and
applications.
2. A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed for performing professional operations beyond the
scope of the payment agency agreement signed by and between the principal and
the payment agent.
3. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for committing one of the following violations:
a) Appointing payment agents or acting as a payment
agent against the License for establishment and operation, or Establishment
license or Decision prescribing organization and operation issued by a
competent authority and any amendments to such license or decision (if any),
involving the principal and the payment agent that are credit institutions or
FBBs;
b) A principal’s commission of any violation
against regulations on the number of payment agent's points and transaction
limits of the payment agents that are not credit institutions or FBBs;
c) An agent’s subcontracting of any third party to
act as a payment agent;
d) Performing payment agent operations without
entering into a payment agency agreement or with a payment agency agreement
which does not have adequate contents as prescribed by law.
4. Remedial measures:
a) Enforced transfer of profits illegally obtained
from any of the violations prescribed in Clause 2, points a, b, c Clause 3 of
this Article to state budget;
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c) Enforced use of separate checking accounts for
payment agent operations, if the violation in Point d Clause 1 of this Article
is committed;
d) Enforced return of improperly collected fees to
payers, or in case of unknown payers, enforced transfer of such fees to state
budget, if the violation in Point c Clause 1 of this Article is committed.
Article 34. Violations against
regulations on negotiable instruments
1. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for signing any negotiable instruments ultra vires.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to comply with the acceptor's
obligations as prescribed in the Law on Negotiable Instruments;
b) Making collection through collecting agents in
contravention of regulations of the Law on Negotiable Instruments.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Transferring a negotiable instrument which is
known to be overdue for payment, has been refused acceptance, has been
dishonored for payment, or has been notified as lost, as prescribed in the Law
on Negotiable Instruments;
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4. A fine ranging from VND 60.000.000 to VND
120.000.000 shall be imposed for committing one of the following violations:
a) Forging signatures affixed to negotiable
instruments;
b) Failing to comply with regulations on printing,
delivery and management of blank cheques in the Law on Negotiable Instruments.
5. Additional penalty:
The exhibits and instrumentalities used for
committing the violation prescribed in Clause 4 of this Article shall be
confiscated.
6. Remedial measures:
Enforced transfer of profits illegally obtained
from the violation prescribed in Point b Clause 3 or Clause 4 of this Article
to state budget.
Article 35. Violations against
regulations on cash and vault management, and provision of treasury services
1. A warning shall be issued for committing one of
the following violations:
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b) Making loss of provided specimen cash; failing
to provide specimen cash to eligible entities; failing to collect specimen cash
upon notification of suspension of circulation thereof or at the request of a
competent authority;
c) Failing to open or to fully and accurately keep
records and books related to vault safety operations in accordance with
regulations of law.
2. A fine ranging from VND 5.000.000 to VND 10.000.000
shall be imposed for committing one of the following violations:
a) Packing and sealing precious metals and precious
stones in contravention of regulations of law;
b) Failing to comply with procedures for
collection, payment, delivery and receipt of cash, precious assets or valuable
papers as prescribed by law;
c) Failing to comply with regulations of law on
authorization of members involved in the management of cash, precious assets,
valuable papers and vault;
d) Failing to comply with regulations of law on
periodic inventory-taking and inventory methods;
dd) Failing to hand over cash, precious assets and
valuable papers upon the replacement of any of the three individuals
responsible for holding the vault door key as prescribed by law;
e) Carrying out the selection of cash unfit for
circulation in contravention of regulations of law.
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a) Failing to promulgate or post internal regulations
for entry to and exit from the cash vault and cash transaction counters;
failing to promulgate procedures for internal cash transactions and cash
transactions with customers;
b) Failing to have a plan for guarding and
protecting the cash vault as prescribed by law;
c) Failing to carry out the selection and
classification of cash unfit for circulation;
d) Rejecting customers’ requests for exchange of
cash unfit for circulation against regulations of law;
dd) Carrying out custody of cash, precious assets
and valuable papers at transaction counters and in the cash vault in
contravention of regulations of law;
e) Failing establish, or failing to comply with
regulations of law on establishment of, an Inventory Council or Council for
tally and classification of cash.
4. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to install the vault safety equipment
system as prescribed by law;
b) Entering or leaving the cash vault in contravention
of regulations of law;
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5. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Using and taking custody of keys of the vault
door, its compartments, safes, or cash containers installed on armored vehicles
in contravention of regulations of law;
d) Transporting cash, precious assets, and valuable
papers without using armored vehicles in the absence of written procedures for
transportation, protection, and measures for ensuring safety of assets issued
by competent authorities;
c) Failing to establish written regulations on
conditions and procedures for receipt and return of customers’ assets, responsibilities
of relevant departments in ensuring asset safety when rendering asset
management and custody services, safe deposit box leasing, and other treasury
services.
6. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Using a vault that does not comply with the
structural design and technical standards as prescribed by law;
b) Using a vault with its door failing to comply
with technical standards as prescribed by law;
c) Providing treasury services without complying
with the principles therefor.
Article 36. Violations against
regulations on protection of Vietnamese currency
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a) Failing to promptly notify a competent authority
upon detecting a new type of counterfeit money;
b) Failing to promptly notify a competent authority
upon detecting signs of possession, circulation, or transportation of
counterfeit money;
c) Arranging persons who have not undergone training
in skills for distinguishing genuine money from counterfeit money, or who have
not received professional training in money examination as prescribed by law,
to carry out the seizure of counterfeit money or the temporary seizure of
suspected counterfeit money;
d) Failing to surrender counterfeit money in
accordance with regulations of law.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
a) Failing to seize counterfeit money upon
detecting it;
b) Failing to temporarily seize suspected
counterfeit money upon detecting it;
c) Failing to prepare records or to seize, seal and
punch counterfeit money according to SBV’s regulations on handling of
counterfeit money and suspected counterfeit money when seizing counterfeit
money or temporarily seizing suspected counterfeit money.
3. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for unlawful destruction of Vietnamese currency.
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5. Additional penalty:
All exhibits and instrumentalities used for
committing any of the violations prescribed in Clauses 2, 3 and 4 of this
Article shall be confiscated and handed over to competent authorities for
handling in accordance with regulations of law.
6. Remedial measures:
a) Enforced sealing and punching of counterfeit
money according to SBV’s regulations on handling of counterfeit money and
suspected counterfeit money, if the violation prescribed in Point c Clause 2 of
this Article is committed;
b) Enforced transfer of profits illegally obtained
from the violation prescribed in Clause 4 of this Article to state budget.
Section 9. VIOLATIONS AGAINST
REGULATIONS ON PURCHASE OF AND INVESTMENT IN FIXED ASSETS, REAL ESTATE BUSINESS
AND CONSULTING SERVICES OF CREDIT INSTITUTIONS AND FOREIGN BANK BRANCHES (FBBs)
Article 37. Violations against
regulations on purchase of and investment in fixed assets
1. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing any violation against regulations
on the ratio of remaining value of fixed assets to charter capital and
additional reserve fund of charter capital as recorded in the accounting book
of a commercial bank, cooperative bank, non-bank credit institution,
microfinance institution, or people’s credit fund; or the ratio of remaining
value of fixed assets to allocated capital and additional reserve fund of allocated
capital as recorded in the accounting book of a FBB.
2. Remedial measures:
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b) Enforced transfer of profits illegally obtained
from the violation prescribed in Clause 1 of this Article to state budget.
Article 38. Violations against
regulations on real estate business
1. A fine ranging from VND 200.000.000 to VND
250.000.000 shall be imposed for a credit institution’s engagement in real
estate business, except the cases prescribed in Clauses 1, 2 and 3 Article 139
of the Law on Credit Institutions.
2. Remedial measure:
Enforced transfer of profits illegally obtained
from the violation prescribed in Clause 1 of this Article to state budget.
Article 39. Violations against
regulations on consulting services
1. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for providing consulting services without entering
into a consulting service contract or with a consulting service contract that
does not contain adequate information as required by law.
2. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for providing consulting services falling beyond
the permitted scope of consulting services.
Section 10. VIOLATIONS
AGAINST REGULATIONS ON GUARANTEE OF SAFE OPERATION OF CREDIT INSTITUTIONS AND
FOREIGN BANK BRANCHES
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1. A warning shall be issued for committing one of
the following violations:
a) Failing to maintain the required reserve as
prescribed by law;
b) Failing to comply with regulations on compulsory
purchase of SBV bills.
2. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to maintain the required reserve as
prescribed by law, in case of recidivism or repeated violation.
3. Remedial measures:
Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if the violation prescribed
in clause 2 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against violating
persons within their competence.
Article 41. Violations against
regulations on prudential ratios
1. A fine ranging from VND 200.000.000 to VND
220.000.000 shall be imposed for committing violations against regulations of
law on one of the following prudential ratios:
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b) Loan-to-deposit ratio;
c) Ratio of purchase or holding of, or investment
in, Government bonds and government-guaranteed bonds.
d) Ratio of total deposits received to equity.
2. A fine ranging from VND 250.000.000 to VND
300.000.000 shall be imposed for committing violations against regulations of
law on solvency ratio.
3. A fine ranging from VND 300.000.000 to VND
350.000.000 shall be imposed for committing violations against regulations of
law on capital adequacy ratio.
4. Remedial measures:
a) Enforced compliance with the prudential ratios
as prescribed within a maximum period of 06 months from the effective date of
the penalty imposition decision, if any of the violations prescribed in Clauses
1, 2 and 3 of this Article is committed;
b) Prohibition of expansion of operating network
and areas until the remedial measures against the violation are fully
implemented, if any of the violations prescribed in clauses 1, 2 and 3 of this
Article is committed;
c) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if any of the violations
prescribed in Clause 2, 3 of this Article is committed.
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Article 42. Violations against
regulations on classification of assets, off-balance-sheet (OBS) items,
creation and use of risk provisions
1. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for committing one of the following violations:
a) Classifying assets and OSB items in
contravention of regulations of law;
b) Setting aside risk provisions in contravention
of regulations of law, unless the creation of risk provisions in contravention
of regulations of law is a result of the commission of the violation prescribed
in Point a Clause 1 of this Article;
c) Using risk provisions in contravention of regulations
of law;
d) Failing to adopt measures to fully and
thoroughly recover debts which have been settled using risk provisions, except
cases where such debts, after risk management, are sold by credit institutions
or FBBs that have fully collected the proceeds therefrom under the debt sale
and purchase contracts.
2. Remedial measures:
a) Enforced classification of assets and creation
of risk provisions; enforced reversal of improperly used amount of risk
provisions, and recording of debts settled using risk provisions on the balance
sheet as prescribed within a maximum duration of 01 month from the effective
date of the penalty imposition decision, if any of the violations prescribed in
Clause 1 of this Article is committed;
b) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if any of the violations
prescribed in clause 1 of this Article is committed.
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Article 43. Violations against
regulations on setting aside and use of funds
1. A fine ranging from VND 20.000.000 to VND
40.000.000 shall be imposed for setting aside or using funds against
regulations of law.
2. Remedial measure:
Enforced setting aside of funds as prescribed by
law within 15 days from the effective date of the penalty imposition decision,
if the violation prescribed in Clause 1 of this Article is committed.
Section 11. VIOLATIONS
AGAINST REGULATIONS ON DEPOSIT INSURANCE AND FUND FOR MAINTENANCE OF PRUDENCE
OF THE SYSTEM OF PEOPLE’S CREDIT FUNDS
Article 44. Violations against
regulations on deposit insurance
1. A warning shall be issued for committing one of
the following violations:
a) Failing to publicly post a copy of the
certificate of deposit insurance at all transaction locations where deposits
are accepted;
b) Making insufficient or late payment of deposit
insurance premiums;
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2. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for failing to pay deposit insurance premiums as
prescribed by law.
3. A fine ranging from VND 40.000.000 to VND
60.000.000 shall be imposed for failing to make deposit insurance payouts to
insured depositors within the time limit prescribed in the Law on Deposit
Insurance.
4. A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for committing one of the following violations:
a) Offering deposit insurance for deposits which
are not eligible for insurance as prescribed in the Law on Deposit Insurance;
b) Falsifying or forging documents concerning
deposit insurance, if not liable to criminal prosecution.
5. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
a) Failing to make or making insufficient insurance
payouts;
b) Obstructing, hindering or damaging legitimate
rights and benefits of deposit insurers, deposit insurance policyholders,
insured depositors and other authorities and organizations involved in the
deposit insurance;
c) Abusing positions and powers to act against
regulations of the Law on Deposit Insurance.
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a) Enforced posting of the copy of certificate of
deposit insurance, if the violation prescribed in Point a Clause 1 of this
Article is committed;
b) Enforced reimbursement of collected deposit
insurance premiums or recovery of delivered deposit insurance payouts, if any
of the violations prescribed in Clause 4 of this Article is committed;
c) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if any of the violations
prescribed in Point b Clause 4 and Points a, c Clause 5 of this Article is
committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Article 45. Violations against
regulations on fund for maintenance of prudence of the system of people’s
credit funds
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to participate in the fund for
maintenance of prudence of the system of people’s credit funds;
b) Failing to make contributions to the fund for
maintenance of prudence of the system of people’s credit funds or making such
contributions in contravention of regulations of law.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to properly use loans received from the
fund for maintenance of prudence of the system of people’s credit funds for the
approved purposes.
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Article 46. Violations against
regulations on customer identification
1. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
a) Failing to carry out customer identification;
failing to update or verify customer identification information; or carrying
out customer identification, updating or verifying customer identification
information in contravention of regulations of law on anti-money laundering,
anti-terrorism financing, and counter to financing of proliferation of weapons
of mass destruction, except the case prescribed in point k clause 6 Article 30
of this Decree;
b) Failing to update the blacklist.
2. Remedial measures:
a) Enforced implementation of regulations on
customer identification, updating and verification of customer identification
information as prescribed in law on anti-money laundering, anti-terrorism
financing, and counter to financing of proliferation of weapons of mass
destruction, if the violation in Point a Clause 1 of this Article is committed;
b) Enforced updating of the blacklist, if the
violation in Point b Clause 1 of this Article is committed;
c) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if any of the violations
prescribed in clause 1 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
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1. A fine ranging from VND 100.000.000 to VND
200.000.000 shall be imposed for committing one of the following violations:
a) Failing to apply, or improperly applying, internal
regulations to internal control and audit as prescribed by laws on anti-money
laundering, anti-terrorism financing, and counter to financing of proliferation
of weapons of mass destruction;
b) Failing to apply internal regulations on
assignment or failing to register the assignment of
individuals/officials/departments in charge of anti-money laundering,
anti-terrorism financing, and counter to financing of proliferation of weapons
of mass destruction as prescribed by laws on anti-money laundering, anti-terrorism
financing, and counter to financing of proliferation of weapons of mass
destruction;
c) Failing to apply, or improperly applying,
internal regulations on training, refresher training and recruitment as
prescribed by laws on anti-money laundering, anti-terrorism financing, and
counter to financing of proliferation of weapons of mass destruction.
2. A fine ranging from VND 200.000.000 to VND
300.000.000 shall be imposed for failing to promulgate internal regulations or
promulgating such internal regulations against laws on anti-money laundering,
anti-terrorism financing, and counter to financing of proliferation of weapons
of mass destruction.
3. Remedial measures:
a) Enforced compliance with regulations of law and
internal regulations on internal control and audit, assignment and registration
of in-charge individuals/officials/departments, training, refresher training
and recruitment as prescribed by laws on anti-money laundering, anti-terrorism
financing, and counter to financing of proliferation of weapons of mass
destruction, if any of the violations in clause 1 of this Article is committed.
b) Enforced promulgation of internal regulations as
prescribed by law, if the violation in Clause 2 of this Article is committed.
Article 48. Violations against
regulations on risk-based customer classification
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2. Remedial measures
Enforced development and promulgation of the risk
management procedures, or enforced classification of customers by risk levels
as prescribed by laws on anti-money laundering, anti-terrorism financing, and
counter to financing of proliferation of weapons of mass destruction.
Article 49. Violations against
regulations on foreign customers that are politically exposed persons (PEPs)
1. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for failing to comply with regulations regarding
foreign customers that are PEPs laid down in the Law on Anti-Money Laundering.
2. Remedial measure:
Enforced compliance with regulations regarding
foreign customers that are PEPs laid down in the Law on Anti-Money Laundering.
Article 50. Violations against
regulations on correspondent banking relationship, new products and services,
existing products and services applying innovative technologies, and special
transaction monitoring
1. A fine ranging from VND 150.000.000 to VND 200.000.000
shall be imposed for committing one of the following violations:
a) Failing to implement, or insufficiently
implementing, regulations relating to correspondent banking relationship when
establishing relationships with partner banks for the purposes of providing
banking, payment, and other services to respondent bank, as prescribed by the
Law on Anti-Money Laundering;
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2. A fine ranging from VND 200.000.000 to VND
300.000.000 shall be imposed for failing to carry out special transaction
monitoring as prescribed by the Law on Anti-Money Laundering.
3. Remedial measures:
a) Enforced implementation of regulations relating
to correspondent banking relationship as prescribed by the Law on Anti-Money
Laundering, if the violation in Point a Clause 1 of this Article is committed;
b) Enforced implementation of regulations relating
to responsibilities of reporting entities when providing new products and
services, or existing products and services which apply innovative technologies,
as prescribed by the Law on Anti-Money Laundering, if the violation in Point b
Clause 1 of this Article is committed;
c) Enforced compliance with regulations on special
transaction monitoring as prescribed by the Law on Anti-Money Laundering, if
the violation in Clause 2 of this Article is committed.
Article 51. Violations against
regulations on reporting on large-value transactions, suspicious transactions,
electronic funds transfers, and suspicious activities related to terrorism
financing, and financing of proliferation of weapons of mass destruction
1. A fine ranging from VND 80.000.000 to VND
120.000.000 shall be imposed for committing one of the following violations:
a) Committing a third or subsequent violation
within a fiscal year of regulations on time limits for submission or
requirements regarding the completeness and accuracy of information in reports
on large-value transactions or electronic funds transfers, as prescribed in
laws on anti-money laundering, anti-terrorism financing, and counter to
financing of proliferation of weapons of mass destruction;
b) Submitting reports with incomplete information,
as required by law, on suspicious transactions involving money laundering,
terrorism financing, or financing of proliferation of weapons of mass
destruction.
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a) Failing to submit reports on large-value
transactions which must be reported as prescribed by law;
b) Failing to submit reports on suspicious
transactions involving money laundering, terrorism financing, or financing of
proliferation of weapons of mass destruction;
c) Failing to submit reports on electronic funds
transfers;
d) Failing to submit reports where there is a
suspicion that a customer or a customer’s transaction is related to terrorism
financing or financing of proliferation of weapons of mass destruction, or
where a customer is included in a Blacklist or a Sanctions List, as prescribed
by laws on counter-terrorism and counter to financing of proliferation of
weapons of mass destruction.
3. Remedial measures:
a) Enforced submission of complete and accurate
reports, if any of the violations in this Article is committed;
b) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions, or proposed dismissal or
prohibition of them from holding the administration, management or control
positions at credit institutions or FBBs, if any of the violations prescribed
in clause 2 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Article 52. Violations against
regulations on retention, provision, and confidentiality of information,
records, documents and reports
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a) Failing to provide information, records,
documents and reports in a timely manner as prescribed by laws on anti-money
laundering, anti-terrorism financing, and counter to financing of proliferation
of weapons of mass destruction, if not liable to criminal prosecution;
b) Failing to retain, or inadequately retaining,
information, records, documents and reports; failing to comply with the
prescribed periods of retention of information, records, documents and reports,
as prescribed by laws on anti-money laundering, anti-terrorism financing, and
counter to financing of proliferation of weapons of mass destruction, if not
liable to criminal prosecution;
c) Failing to comply with regulations on protection
of confidentiality of customer identification information with respect to those
information, documents, records or reports related to should-be-reported
transactions laid down in laws on anti-money laundering, anti-terrorism
financing, and counter to financing of proliferation of weapons of mass
destruction, if not liable to criminal prosecution.
2. Remedial measures:
a) Enforced provision and retention of adequate
information, documents, records or reports for the prescribed periods, and
enforced protection of confidentiality thereof as prescribed, if any of the
violations in this Article is committed;
b) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions, or proposed dismissal or
prohibition of them from holding the administration, management or control
positions at credit institutions or FBBs, if any of the violations prescribed
in this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Article 53. Violations against
regulations on postponement of transactions, freezing of accounts; sealing or
impoundment of assets
1. A fine ranging from VND 150.000.000 to VND
250.000.000 shall be imposed for committing one of the following violations:
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b) Failing to immediately submit reports on the
suspension of circulation or freezing of money and/or assets related to
terrorism financing or financing of proliferation of weapons of mass
destruction as prescribed by law.
2. A fine ranging from VND 250.000.000 to VND
350.000.000 shall be imposed for committing one of the following violations:
a) Failing to take transaction postponement measure
as prescribed by laws on anti-money laundering and anti-terrorism financing;
b) Failing to freeze accounts, or failing to seal,
seize or impound assets according to decisions issued by competent authorities
as prescribed by the Law on Anti-Money Laundering;
c) Failing to suspend the circulation of, or
freeze, money and assets related to terrorism, terrorism financing or financing
of proliferation of weapons of mass destruction as prescribed by law.
3. Remedial measures:
a) Enforced submission of complete and adequate
reports, if any of the violations in clause 1 of this Article is committed;
b) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions, or proposed dismissal or
prohibition of them from holding the administration, management or control
positions at credit institutions or FBBs, if any of the violations prescribed
in clause 1 and clause 2 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against violating
persons within their competence.
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1. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for committing one of the following violations:
a) Failing to carry out assessment of risks of
money laundering, terrorism financing, and financing of proliferation of
weapons of mass destruction or failing to update results thereof in accordance
with regulations of law;
b) Failing to submit reports on or to disseminate
results of assessment and updating of risks of money laundering, terrorism
financing, and financing of proliferation of weapons of mass destruction in
accordance with regulations of law.
2. Remedial measures:
a) Enforced compliance with regulations of law on
assessment of risks of money laundering, terrorism financing, and financing of
proliferation of weapons of mass destruction, if the violation prescribed in
clause 1 of this Article is committed;
b) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions, or proposed dismissal or
prohibition of them from holding the administration, management or control
positions at credit institutions or FBBs, if the violation prescribed in clause
1 of this Article is committed.
The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Article 55. Violations against
regulations on prohibited acts in anti-money laundering and anti-terrorism
financing
1. A fine ranging from VND 150.000.000 to VND
250.000.000 shall be imposed for obstructing the provision of information
serving the performance of anti-money laundering and anti-terrorism financing
tasks.
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a) Creating or maintaining anonymous accounts or
accounts with fake names;
b) Illegally providing services of receipt of cash,
cheques, other monetary instruments or stores of value and making payments to
beneficiaries.
3. A fine ranging from VND 400.000.000 to VND
500.000.000 shall be imposed for committing one of the following violations:
a) Organizing, participating in or facilitating,
assisting performance of money laundering activities, if not liable to criminal
prosecution;
b) Establishing and maintaining business
relationship with shell banks, if not liable to criminal prosecution;
c) Failing to denounce terrorism financing
activities, if not liable to criminal prosecution;
d) Taking advantage of the suspension of
circulation, freezing, sealing, impoundment or handling of money and assets
related to terrorism financing for harming the State interests or legitimate
rights and benefits of regulatory authorities, organizations and/or
individuals, if not liable to criminal prosecution;
dd) Directly or indirectly providing money, assets,
financial resources, economic resources, financial services, or other services
to entities related to terrorism or terrorism financing, if not liable to
criminal prosecution.
4. Remedial measures:
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The relevant credit institution or FBB is requested
to remove from office and implement other appropriate measures against
violating persons within their competence.
Section 13. VIOLATIONS
AGAINST REGULATIONS ON PROVISION OF INFORMATION AND REPORTING
Article 56. Violations against
regulations on reporting, and information management and provision
1. A warning shall be issued for committing one of
the following violations:
a) Committing a third or subsequent violation
within a month of regulations on time limits for submission or requirements
regarding the completeness and accuracy of information and data in daily
statistical reports;
b) Committing a second or subsequent violation
within a month for failure to submit complete daily statistical reporting
forms.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
a) Committing a fifth or subsequent violation
within a month of regulations on time limits for submission or requirements
regarding the completeness and accuracy of information and data in daily
statistical reports, except the cases prescribed in clause 1 of this Article;
b) Committing a third or subsequent violation
within a year of regulations on time limits for submission or requirements
regarding the completeness and accuracy of information and data in periodic
statistical reports with a reporting period of less than 01 month, except the
cases prescribed in clause 1, point a clause 2, point b clause 6 of this
Article;
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d) Committing a fourth or subsequent violation
within a month for failure to submit complete daily statistical reporting
forms, or failing to submit complete forms of periodic statistical reports with
a reporting period of less than 01 month within a year, except the cases
prescribed in clause 1 of this Article;
dd) Committing a violation of regulations on time
limits for submission or requirements regarding the completeness of information
in other reports, except the cases prescribed in clause 1, points a, b, d of
this clause, point c clause 4 of this Article, Article 51; clause 1 Article 53
of this Decree.
3. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for submitting other reports with incomplete
reporting forms, or inaccurate information and data, except the cases
prescribed in clause 1, clause 2, points c, d clause 4 of this Article, Article
51; clause 1 Article 53 of this Decree.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to publish the changes prescribed in
Points a, b, c and d Clause 1 Article 37 of the Law on Credit Institutions or
publishing such changes in contravention of provisions of Article 37 of the Law
on Credit Institutions;
b) Failing to publish information on commencement
of operations or publishing such in contravention of regulations of the Law on
Credit Institutions;
c) Committing a second or subsequent violation
within a year of requirements regarding the completeness and accuracy of
information and data in periodic statistical reports with a reporting period of
01 month or longer, except the cases prescribed in point b clause 6, point d
clause 7 of this Article;
d) Committing a second or subsequent violation
within a year of regulations on time limits for submission of periodic
statistical reports with a reporting period of 01 month or longer, except the
cases prescribed in point b clause 6, point d clause 7 of this Article;
dd) Failing to submit complete forms of periodic
statistical reports with a reporting period of 01 month or longer within a
year;
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g) Failing to submit reports on provision of online
services to SBV as prescribed by law.
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing one of the following violations:
a) Submitting untruthful reports, except the cases
in point i clause 4, point a clause 5 Article 31 hereof;
b) Providing information about operations of SBV,
credit institutions or FBBs, or information about their customers in
contravention of regulations of law;
c) Failing to provide information, records and
documents, or providing such information, records and documents which are not complete
and accurate as prescribed by law, except the cases prescribed in clauses 2, 3
of this Article;
d) Disclosing or using information about customers
of a credit institution or FBB for purposes other than the ones prescribed by
law.
6. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for committing one of the following violations:
a) Failing to send reports on credit information to
SBV within the prescribed time limit;
b) Sending credit information reports which contain
inaccurate or incomplete information or do not meet technical requirements to
SBV;
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d) Failing to submit reports on information security
incidents as prescribed by law on information system security in banking
operations.
7. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Failing to immediately submit reports on
insolvency risk to competent authorities;
b) Failing to publicly post, retain, provide and
disclose information or publicly posting, retaining, providing and disclosing
information in contravention of Article 49 of the Law on Credit Institutions
and other regulations of law;
c) Submitting statistical reporting forms
containing inaccurate data on debt classification, establishment of credit risk
provisions, and capital adequacy ratios.
8. Remedial measures:
a) Enforced submission of complete and accurate reports,
if the violation of requirements regarding completeness and accuracy of reports
prescribed in clause 2, 3, 4 or 6 of this Article is committed;
b) Prohibition of expansion of operating network
and areas until remedial measures against the violation are fully implemented,
if any of the violations prescribed in clause 2, clause 3, points c, d, dd
clause 4 and clause 6 of this Article is committed;
c) Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if the violation prescribed
in point a Clause 7 of this Article is committed.
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Section 14. VIOLATIONS
AGAINST REGULATIONS ON OBSTRUCTION OF INSPECTION AND EXAMINATION, AND FAILURE
TO COMPLY WITH REQUESTS OF COMPETENT OFFICIALS
Article 57. Violations against
regulations on obstruction of inspection and examination, and failure to comply
with requests of competent officials
1. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for obstructing or hindering competent officials
from carrying out inspections or examinations.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for evading inspections or examinations conducted
by competent officials.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failing to provide adequate documents, records
and data at the request of inspection or examination teams.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Refusing to provide information and documents or
failing to submit reports or provide explanations at the request of inspection
or examination teams or competent officials, except the case prescribed in
clause 1 Article 58 of this Decree;
b) Intentionally removing or moving or performing
other acts to change the existing status of the seals on vaults, safes,
accounting books/vouchers, credit extension dossiers or other exhibits which
are sealed and impounded;
c) Failing to freeze accounts or remove freezing of
accounts at the request of inspection teams or competent officials, except the
case prescribed in point c clause 6 of this Article.
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a) Providing untruthful information and/or
documents;
b) Making unlawful intervention in actions taken by
competent authorities and inspection activities;
c) Hiding or altering documents/records or changing
exhibits during the inspection or examination.
6. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Transferring funds or assets abroad after they
are frozen;
b) Failing to deposit funds or assets to SBV or a
credit institution at the request of SBV after they are frozen;
c) Failing to freeze, or release freezing of, funds
and assets of a FBB at the request of SBV;
d) Failing to withdraw and transfer funds from
accounts at the request of competent officials in conformity with regulations
of law, except the violations prescribed in the Decree prescribing penalties
for administrative violations in taxation sector.
7. Remedial measures:
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b) Enforced freezing of accounts or removal of
account freeze at the request of competent officials, if the violations in
point c clause 4 of this Article is committed.
Article 58. Violations against
regulations on obligations of entities subject to inspection, examination and
supervision
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
a) Failing to provide timely, adequate and accurate
information and/or documents in a timely manner at the request of SBV, except
the cases prescribed in clause 3, point a clause 4 Article 57 of this Decree;
b) Failing to comply with the SBV’s risk warnings
and recommendations for safe operations;
c) Failing to provide reports or explanations about
the SBV’s risk warnings and recommendations for safe operations.
2. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for failing to comply with conclusions,
recommendations or decisions on inspection or examination.
3. Remedial measures:
Proposed suspension by competent authorities of
violating persons and/or persons responsible for the violation from holding the
administration, management or control positions for 01 – 03 months, or proposed
dismissal or prohibition of them from holding the administration, management or
control positions at credit institutions or FBBs, if the violation prescribed
in clause 2 of this Article is committed.
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Section 15. VIOLATIONS
AGAINST REGULATIONS ON DEBT TRADING AND SETTLEMENT
Article 59. Violations against
regulations on debt trading by credit institutions
1. A fine ranging from VND 50.000.000 to VND 80.000.000
shall be imposed for committing one of the following violations:
a) Failing to establish a debt trading council when
buying and selling debts;
b) Employing debt trading methods against
regulations of law.
2. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for committing one of the following violations:
a) Selling debts which are not eligible for sale or
are not permitted to be traded as prescribed by law;
b) Seller’s repurchase of the debts previously
sold, unless otherwise permitted by law;
c) Taking possession of collateral in contravention
of the Law on Credit Institutions.
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Debt trading operations shall be suspended for 03 –
06 months, if any of the violations prescribed in Clause 1, points a, b clause
2 of this Article is committed.
4. Remedial measures:
a) The seller is compelled to repurchase the debts
which are still owned by the buyer, if the violation in point a clause 2 of
this Article is committed;
b) Enforced re-sale of the repurchased debt which
remains outstanding, if the violation in point b clause 2 of this Article is
committed.
Article 60. Violations against
regulations on sale, purchase and settlement of bad debts by Vietnam Asset
Management Company (VAMC)
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for committing one of the following violations:
a) Managing purchased bad debts and examining or
supervising collateral for such bad debts in contravention of regulations of
law;
b) Authorizing credit institutions and examining or
supervising their performance of authorized contents in contravention of
regulations of law;
c) Implementing measures for debt restructuring and
giving financial support to borrowers in contravention of regulations of law;
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dd) Setting aside and using provisions for risks to
the bad debts purchased at the market value in contravention of regulations of
law.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for committing one of the following violations:
a) Buying and selling bad debts in contravention of
regulations of law;
b) Settling collateral for purchased bad debts in
contravention of regulations of law.
3. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for performing acts authorized by VAMC after
selling debts in contravention of regulations of law.
Section 16. VIOLATIONS
AGAINST REGULATIONS ON INFORMATION TECHNOLOGY SECURITY FOR BANKING OPERATIONS
Article 61. Violations against
regulations on information technology security for banking operations
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for committing one of the following violations:
a) Failing to carry out assessment of information
technology (IT) risks and operational risks before using IT services rendered
by a third party as prescribed by law;
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c) Failing to carry out annual information security
testing and assessment for information systems classified as level 3 or higher
as prescribed by law.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for committing one of the following violations:
a) Failing to disseminate or update regulations on
information security to all staff members at least once every year;
b) Failing to comply with regulations on data
backup, backup testing and restoration to ensure data security for information
systems classified as level 3 or higher, as prescribed by law;
c) Failing to implement cybersecurity solutions to
control network connections and detect and prevent network intrusion attacks
against information systems providing online services for customers;
d) Failing to apply methods for electronic
transaction authentication when providing online services, as prescribed by
law;
dd) Failing to provide guidance to customers on
measures for ensuring the security and confidentiality of information when
using online banking services;
e) Failing to comply with regulations on retention
of transaction logs, transaction authentication logs, logs of information
system and user activities, as well as records of errors and information
security incidents, as prescribed by law;
g) Failing to establish a cybersecurity operations
center to monitor and handle information security incidents, as prescribed by
law;
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i) Failing to establish a disaster recovery system,
or establishing a disaster recovery system which does not meet the requirements
prescribed by law;
k) Failing to conduct drills of information security
incident response plans as prescribed by law;
l) Failing to perform periodic failover from the
primary system to the backup system for information systems classified as level
3 or higher as prescribed by law.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for committing any violation against regulations on
security classification of information systems providing online banking
services.
4. Additional penalty:
Use of IT services provided by a third party shall
be suspended for a fixed period of 01 - 03 months, if the violation prescribed
in point a clause 1 of this Article is committed.
5. Remedial measure:
Enforced compliance with regulations of law on
information technology security for banking operations, if any of the violations
prescribed in this Article is committed.
Chapter III
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Article 62. Power to impose
administrative penalties of banking inspection forces
1. On-duty banking inspectors shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 100.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
200.000.000.
2. Heads of inspection teams established under
decisions issued by the Chief Inspectors of SBV's Regional Branches shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 500.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
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3. Chief Inspectors of SBV's Regional Branches
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 800.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
4. SBV’s Chief Inspector; Heads of inspection teams
established under decisions issued by SBV's Chief Inspector shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
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Article 63. Power to impose
administrative penalties of Chairpersons of People’s Committees at all levels
1. Chairpersons of commune-level People’s
Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 500.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
2. Chairpersons of provincial-level People’s
Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000.000;
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d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
Article 64. Power to impose
administrative penalties of People’s Public Security Forces
1. Soldiers on duty of People’s Public Security
Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
200.000.000.
2. Heads of company-level Mobile Police units shall
have the power to:
a) Issue warning;
b) Impose a fine up to VND 200.000.000;
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3. Heads of Police Posts, Commanders of Mobile
Police Battalions, Heads of Squadrons, Station Heads or Team Leaders shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 300.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
600.000.000;
d) Impose additional penalties specified in points
a, b clause 2 Article 5 hereof.
4. Commune-level Police Chiefs shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 500.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
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5. Heads of Police Offices at International
Airports; Heads of professional divisions of the following authorities,
including Internal Security Department, Internal Political Security Department,
Economic Security Department, Counter Narcotics Police Department, Police
Department for Administrative Management of Social Order, Traffic Police
Department, Fire and Rescue Police Department, Department of Cybersecurity,
Hi-tech Crime Prevention and Control, Immigration Department, National Data
Center; Commanders of Mobile Police Regiments; Heads of divisions affiliated to
Provincial-level Police Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 800.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
6. Directors of Provincial-level Police
Departments; Director General (Director) of Internal Political Security Department,
Director General (Director) of Economic Security Department, Office Chief of
the Investigation Police Authority affiliated to Ministry of Public Security,
Directors General (Directors) of Police Department for Administrative
Management of Social Order, Investigation Police Department for Social Order
Crimes, Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, Counter Narcotics Police Department, Traffic Police
Department, Fire and Rescue Police Department, Environment Crime Prevention and
Fighting Police Department, Department of Cybersecurity and Hi-tech Crime
Prevention and Control, Internal Security Department, Police Department for
Management of Retention and Execution of Criminal Judgements at Community, Commander
of the Mobile Police, Director of National Data Center, and Director General
(Director) of Immigration Department shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
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Article 65. Power to impose
administrative penalties of Border Guard Forces
1. On-duty soldiers of the Border Guard Forces
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
100.000.000.
2. Station Heads or Team Leaders in charge of
supervising the soldiers mentioned in clause 1 of this Article shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 100.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
200.000.000.
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a) Issue warning;
b) Impose a fine up to VND 150.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
300.000.000.
4. Heads of Border Guard Posts, Captains of Naval
Border Guard Flotillas, and Commanding Officers of Border Guard Commands at
port border checkpoints shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 300.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
600.000.000;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
5. Heads of Task Force Commissions for Drug and
Crime Prevention and Control which are put under control of the Drug and Crime
Prevention and Control Department affiliated to the Border Guard High Command
shall have the power to:
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b) Impose a fine up to VND 500.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
6. Commanding Officers of Border Guard Commands;
Captains of Naval Border Guard Squadrons, and Director General of the Drug and
Crime Prevention and Control Department affiliated to the Border Guard High
Command shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
Article 66. Power to impose
administrative penalties of Coast Guard Forces
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a) Issue warning;
b) Impose a fine up to VND 50.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
100.000.000.
2. Coast Guard Team Leaders shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 100.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
200.000.000.
3. Heads of Coast Guard Units or Coast Guard
Stations shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
400.000.000.
4. Captains of Coast Guard Platoons shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 300.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
600.000.000.
5. Captains of Coast Guard Squadrons, Heads of
Reconnaissance Commissions, Heads of Task Force Commissions for Drug Crime
Prevention and Control under the control of Vietnam Coast Guard shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 500.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof.
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a) Issue warning;
b) Impose a fine up to VND 800.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
7. Vietnam Coast Guard Commander shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
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1. Market controllers on duty shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 100.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
200.000.000.
2. Leaders of Market Surveillance Teams under the
control of Market Surveillance Sub-departments affiliated to Provincial-level
Departments of Industry and Trade shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 300.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
600.000.000;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
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a) Issue warning;
b) Impose a fine up to VND 500.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
4. Director General of the Agency for Domestic
Market Surveillance and Development shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
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1. Heads of Border Checkpoint/Out-Of-Checkpoint
Customs Offices, Customs Procedure Inspection and Post-Clearance Inspection
Teams, Customs Clearance Teams, and Customs Control Teams under the control of
Regional Customs Sub-departments, Heads of Anti-smuggling Control Teams under
the control of the Anti-smuggling Investigation Sub-department, and Heads of
Regional Post-Clearance Inspection Teams under the control of Post-Clearance
Inspection Sub-department, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 300.000.000;
c) Confiscate the exhibits and instrumentalities
used for committing administrative violations worth no more than VND
600.000.000;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
2. Directors of the Anti-smuggling Investigation
Sub-department, the Post-Clearance Inspection Sub-department, and Regional
Customs Sub-departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 500.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
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3. Director General of Department of Customs of
Vietnam shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000.000;
c) Impose additional penalties specified in clause
2 Article 5 hereof;
d) Impose the remedial measures specified in Clause
4 Article 5 hereof.
Article 69. Power to impose
administrative penalties of Directors of provincial-level Departments
Directors of Provincial-level Departments of
Culture, Sports and Tourism; Directors of Provincial-level Departments of
Tourism shall have the power to:
1. Issue warning.
2. Impose a fine up to VND 800.000.000.
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4. Impose the remedial measures specified in Clause
4 Article 5 hereof.
Article 70. Distinction of
power to impose penalties for administrative violations in monetary and banking
sector
1. Power to impose administrative penalties of
Chairpersons of People’s Committees at all levels
Chairpersons of People’s Committees at all levels
shall have the power to impose penalties for the administrative violations
prescribed in Chapter II hereof within their jurisdiction and the ambit of
their assigned functions, tasks and powers.
2. Power to impose administrative penalties of
Market Surveillance Forces
Persons having the power to impose penalties of
Market Surveillance Forces shall have the power to impose penalties for the administrative
violations prescribed in clause 1, clause 2, points a, b, h, i, k, l clause 3,
point n clause 4, points e, g, h clause 5, point c clause 8 Article 27; clause
1, clause 2, points a, c clause 3, point a clause 4, points d, dd clause 5,
point a clause 6, clause 7, points a, c clause 8 Article 28 hereof.
3. Power to impose administrative penalties of
Border Guard Forces
Persons having the power to impose penalties of
Border Guard Forces shall have the power to impose penalties for the administrative
violations prescribed in clause 1, clause 2, points h, i, k clause 3, point h
clause 4, points e, g, h clause 5 Article 27; clause 1, clause 2, clause 4,
points a, b clause 8 Article 28; points a, b, d clause 1 Article 36; clause 1
Article 55; point c clause 5 Article 56; clause 3, point a clause 4, points a,
b clause 5 Article 57; Article 58 hereof.
4. Power to impose administrative penalties of
Coast Guard Forces
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5. Power to impose administrative penalties of
People’s Public Security Forces
Persons having the power to impose penalties of
People’s Public Security Forces shall have the power to impose penalties for
the administrative violations prescribed in clause 4, 5 and 6 Article 7; clause
1, clause 2, points a, b, c, h, i, k, l clause 3, points h, n clause 4, points
c, e, g, h clause 5, point c clause 8 Article 27; Article 28; point b clause 2,
clause 5, clause 6, clause 7 Article 30; point a clause 1, clause 3, points a,
b, c, d, D, e, g clause 4, clause 6 Article 31; points c, d clause 5, clause 6,
clause 7 Article 32; point a clause 1 Article 33; point a clause 4 Article 35;
Article 36; Section 12; point c clause 5 Article 56; Article 57; Article 58;
point b clause 1, point c clause 2 Article 61 hereof.
6. Power to impose administrative penalties of
Customs Authorities
Persons having the power to impose penalties of
Customs Authorities shall have the power to impose penalties for the
administrative violations prescribed in point b clause 8 Article 27, point c
clause 5, point b clause 8 Article 28 hereof.
7. Power to impose administrative penalties of
Directors of provincial-level Departments
Directors of Provincial-level Departments of
Culture, Sports and Tourism; Directors of Provincial-level Departments of
Tourism shall have the power to impose penalties for the administrative
violations prescribed in clause 1, clause 2, points h, i, k clause 3, point h
clause 4, points e, g, h clause 5, point b clause 8 Article 27; clauses 1, 2, 3
Article 28 hereof.
8. Power to impose administrative penalties of
banking inspection forces
Persons having the power to impose penalties of
Banking Inspection Forces shall have the power to impose administrative
penalties and remedial measures against administrative violations prescribed in
Chapter II hereof within their jurisdiction and the ambit of their assigned functions,
tasks and powers.
Article 71. Power to make
records of administrative violations
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1. The title holders specified in Articles 62, 63,
64, 65, 66, 67, 68 and 69 of this Decree who have the power to make records of
the administrative penalties for which they have the power to impose penalties
as assigned in Article 70 hereof.
2. Persons of People’s Armed Forces or People’s
Public Security Forces, and civil servants and public employees working at the
agencies specified in this Decree who are performing their duties according to
legislative documents or administrative documents promulgated by competent
authorities or officers; pilots in command, ship captains, train masters and
persons who are assigned by these title holders to make records of violations.
3. Officials in banking sector who are performing
their duties according to legislative documents or administrative documents
promulgated by competent authorities or officers.
Chapter IV
IMPLEMENTATION
Article 72. Effect
1. This Decree comes into force from February 09,
2026.
2. This Decree supersedes the following documents:
a) The Government’s Decree No. 88/2019/ND-CP dated
November 14, 2019;
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3. Article 2 and Article 3 of the Government’s
Decree No. 23/2023/ND-CP dated May 12, 2023 are abrogated.
Article 73. Transition
If the violating entity files a complaint against the
decision to impose penalties for an administrative violation in monetary and
banking sector which has been issued or fully executed before the effective
date of this Decree, such a complaint shall be considered and settled in
accordance with regulations on penalties for administrative violations in
monetary and banking sector in effect at the time of issuance of such decision.
Article 74. Responsibility for
implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of People’s Committees of provinces or
central-affiliated cities and relevant agencies shall, within the ambit of
their assigned functions and duties, be responsible for the implementation of
this Decree.
ON BEHALF OF
THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Duc Phoc