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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
46/2010/QH12
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Hanoi,
June 16, 2010
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LAW
ON THE STATE BANK OF VIETNAM
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly
promulgates the Law on the State Bank of Vietnam.
Chapter I
GENERAL PROVISIONS
Article
1. Scope of regulation
This Law
provides for the organization and operation of the State bank of Vietnam.
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1. The State
Bank of Vietnam (below referred to as the State Bank) is a ministerial-level
agency of the Government and the central bank of the Socialist Republic of Vietnam.
2. The State
Bank is a legal entity with its legal capital being under the state ownership
and its head office located in Hanoi.
3. The State
Bank performs the state management of monetary, banking and foreign exchange
(below referred to as monetary and banking) operations and performs the
function of a central bank in issuing money, a bank of credit institutions and
a provider of monetary services for the Government.
Article
3. National monetary policy and competence to decide on the national monetary
policy
1. The national
monetary policy consists of national-level decisions on monetary affairs made
by competent state agencies, including decisions on the objective of currency
value stability which is denoted by the inflation rate and decisions on the use
of tools and measures to obtain the set objective.
2. The National
Assembly shall decide on annual inflation rate targets by making decisions on
consumer price indexes and overseeing the implementation of the national
monetary policy.
3. The President
shall perform his/her tasks and powers provided by the Constitution and laws in
negotiating, concluding and acceding to, in the name of the State of the
Socialist Republic of Vietnam, treaties on monetary and banking matters.
4. The
Government shall propose the National Assembly to decide on annual inflation
rate targets. The Prime Minister or the Governor of the State Bank shall decide
on the use of administrative tools and measures to obtain objectives of the
national monetary policy according to the Government's regulations.
Article
4. Tasks and powers of the State Bank
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2. To
participate in the elaboration of national socio-economic development
strategies and plans.
3. To elaborate
banking development strategies for submission to competent state agencies for
approval, and organize the implementation of these strategies.
4. To promulgate
or propose competent state agencies to promulgate legal documents on monetary
and banking matters; to propagate, disseminate and examine legal documents on
monetary and banking matters according to its competence.
5. To determine
annual inflation rate targets for submission by the Government to the National
Assembly for decision, and organize the realization thereof.
6. To organize,
regulate and develop the monetary market.
7. To organize a
monetary and banking statistics and forecast system; to publicize monetary and
banking information according to law.
8. To organize
the printing, minting, preservation and transportation of banknotes and coins:
and to conduct operations of issuing, withdrawing, replacing and destroying
banknotes and coins.
9. To grant,
modify, supplement or revoke establishment and operation licenses of credit
institutions, licenses for establishing branches of foreign banks, licenses for
establishing representative offices of foreign credit institutions and other
foreign organizations with banking operations; lo grant or revoke licenses for
provision of intermediary payment services for non-bank institutions; to grant
or revoke licenses for provision of credit information services to
organizations: to approve the acquisition, sale, division, splitting,
consolidation, merger and dissolution of credit institutions according to law.
10. To act as the
representative of the state capital portions in enterprises performing its
functions and tasks and in credit institutions with state capital according to
law; to use its legal capital to contribute capital for establishing special
enterprises to perform its functions and tasks under the Prime Minister's
decision.
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12. To decide on
the application of special handling measures to credit institutions which commit
severe violations of the monetary and banking law-s or meet with financial
difficulties, posing a threat to the safety of the banking system. These
measures include purchasing shares from credit institutions; suspending or
removing from post managers or executive officers of credit institutions;
deciding on the merger, consolidation or dissolution of credit institutions;
placing credit institutions under special control; and performing its tasks and
powers as prescribed by the law on bankruptcy of credit institutions.
13. To assume
the prime responsibility for. and coordinate with concerned agencies in.
formulating and implementing anti-money laundering policies and plans.
14. To perform
the state management of deposit insurance according to the law on deposit
insurance.
15. To assume
the prime responsibility for making, monitoring, forecasting and analyzing the
international payment balance.
16. To organize,
manage and supervise the national payment system and provide payment services
for banks; to participate in organizing and supervising the operation of
payment systems in the economy.
17. To perform
the state management of foreign exchange, foreign exchange and gold trading
activities.
18. To manage
state foreign exchange reserves.
19. To manage
the borrowing and repayment of foreign loans and the provision of loans to
foreign parties and recovery of foreign debts according to law.
20. To assume
the prime responsibility for. and coordinate with concerned agencies in,
preparing for and conducting the negotiation for and conclusion of treaties
with international financial or monetary institutions to which the State bank
acts as a representative and to act as the official representative of the
borrower defined in treaties under the assignment or authorization of the
President or the Government.
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22. To represent
the State of the Socialist Republic of Vietnam at international monetary and
banking institutions.
23. To organize
a credit information system and provide credit information services: to perform
the state management of credit information providers.
24. To act as an
agent and provide banking services for the State Treasury.
25. To join the
Ministry of Finance in issuing government bonds and government-guaranteed
bonds.
26. To provide
professional training in monetary and banking operations; to research and apply
banking sciences and technologies.
27. To perform
other tasks and exercise other powers provided by law.
Article
5. Responsibilities of ministries, ministerial-level agencies and People's
Committees at all levels
Ministries,
ministerial-level agencies and People's Committees at all levels shall, within
the ambit of their tasks and powers, coordinate with the State Bank in
performing the slate management of monetary and banking operations.
Article
6. Interpretation of terms
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1. Banking
operation means dealing in and providing on a regular basis one or several of
the following operations:
a/ Receiving
deposits;
b/ Extending
credits;
c/ Providing
via-account payment services.
2. Foreign
exchange includes:
a/ Currencies of
other countries or the common European currency and other common currencies
used in international and regional payment (below referred to as foreign
currencies):
b/ Payment
instruments in foreign currencies, including checks, credit cards, bills of
exchange, debentures and other payment instruments:
c/ Valuable
papers in foreign currencies, including government bonds, corporate bonds,
promissory notes, stocks and other valuable papers;
d/ Gold
belonging to state foreign exchange reserves, gold on residents' offshore
accounts; and gold bullions, bars, granules or ingots which are brought into or
out of Vietnam's territory.
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3. Foreign
exchange operation means residents' and non-residents' operations in current
transactions or capital transactions involving the use of foreign exchange in
Vietnam's territory, operations of providing foreign exchange services and
other transactions related to foreign exchange.
4. State foreign
exchange reserves means assets in foreign exchange which are indicated in the
State Bank's balance sheet.
5. Foreign
exchange rate of Vietnam dong means the price of a unit of a foreign currency
in Vietnam's currency.
6. Monetary
market means a place for short-term capital transactions.
7. Short-term
transaction means an under-12 month transaction of valuable papers.
8. Valuable
paper means a proof evidencing the debt-payment obligation of the issuer
towards the owner in a certain duration under the interest payment condition
and other conditions.
9. National
payment system means an inter-bank payment system organized, managed and
operated by the State Bank.
10. Intermediary
payment service means an intermediary activity for connecting, transmitting and
processing e-data on payment transactions between payment service providers and
users.
11. Banking
inspection means activities carried out by the State Bank to inspect the
observance of the monetary and banking laws by inspected subjects.
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Chapter II
ORGANIZATION OF THE STATE BANK
Article
7. Organization of the State Bank
1. The State
Bank shall be organized into a centralized and unified system, comprising an
executive apparatus and professional units at its head office, branches,
representative offices and other attached units.
2. The
organizational structure of the State Bank shall be defined by the Government.
3. The
organizational structures, tasks and powers of the units of the State Bank
shall be defined by the Governor of the State Bank, except the case prescribed
in Clause 2. Article 49 of this Law.
4. The Governor
of the State Bank shall decide on the establishment and termination of
operation of branches, representative offices and consultancy committees and
councils for matters related to the functions and tasks of the State Bank; and
decide on the establishment and termination of operation of the units of the
State Bank operating in such areas as training in banking operations, banking
research, information and scientific theories or provision of treasure-related
services, banking information technology services, payment services and credit
information services according to his/her competence.
Article
8. Leading and managing the State Bank
1. The Governor
of the State Bank is a cabinet member, the head and leader of the State Bank
who shall take responsibility before the Prime Minister and the National
Assembly for the state management in the monetary and banking sector.
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a/ To organize
and direct the implementation of the national monetary policy according to his/
her competence:
b/ To organize
and direct the performance of tasks and the exercise of powers of the State
Bank according to this Law and other relevant laws;
c/ To act as the
legal representative of the State Bank.
Article
9. Cadres and civil servants of the State Bank
The recruitment,
employment and management of cadres and civil servants of the State Bank must,
in principle, comply with the Law on Cadres and Civil Servants. The Prime
Minister shall provide for a mechanism on the recruitment of. and policies
applicable to. cadres and civil servants of the State Bank in conformity with
professional operations of the State Bank.
Chapter III
OPERATIONS OF THE STATE BANK
Section
1. IMPLEMENTATION OF THE NATIONAL MONETARY POLICY
Article
10. Tools for the implementation of the national monetary policy
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Article
11. Re-financing
1. Re-financing
means a form of extending credits by the State Bank, aiming to provide
short-term capital and payment instruments for credit institutions.
2. The State
Bank shall provide for and effect the re-financing to credit institutions in
the following forms:
a/ Granting
loans secured by the pledge of valuable papers;
b/ Discounting
valuable papers; c/ Other forms.
Article
12. Interest rates
1. The State
bank shall announce the refinancing interest rate, prime interest rate and
other interest rates to serve the regulation of the monetary policy and the
fight against usury.
2. In case
abnormal developments are seen in the monetary market, the State Bank shall
provide for a mechanism for regulating interest rates applicable to credit
institutions in their relations with others and their clients and in other
credit relations.
Article
13. Exchange rates
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2. The State
Bank shall announce exchange rates and decide on the exchange rate regime and
management mechanisms.
Article
14. Reserve requirements
1. Reserve
requirements means a sum of money to be deposited by a credit institution at
the State Bank to serve the implementation of the national monetary policy.
2. The State
Bank shall provide for the reserve requirement ratio applicable to each type of
credit institution and each kind of deposit at credit institutions to serve the
implementation of the national monetary policy.
3. The State
Bank shall provide for the payment of interests on reserve requirement deposits
and deposits in excess of reserve requirements applicable to each type of
credit institution and each kind of deposit.
Article
15. Open-market operations
1. The State
Bank shall carry out open-market operations through the purchase and sale of
valuable papers with credit institutions.
2. The State
bank shall provide for types of valuable papers permitted for trading via
open-market operations.
Section
2. ISSUANCE OF BANKNOTES AND COINS
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The currency
unit of the Socialist Republic of Vietnam is "dong". with its
national symbol being "d" and international symbol being
"VND": one "dong" is equal to ten "hao" and one
"hao" is equal to ten "xu".
Article
17. Issuance of banknotes and coins
1. The Slate
Bank is the sole agency entitled to issue banknotes and coins of the Socialist
Republic of Vietnam.
2. Banknotes and
coins issued by the State bank arc lawful means of payment on the territory of
the Socialist Republic of Vietnam.
3. The State
Bank shall ensure the sufficient supply of, and an appropriate ratio between,
banknotes and coins for the national economy.
4. Banknotes and
coins issued for circulation shall be recorded as "debit" of the
national economy and balanced by "credit" of the State Bank.
Article
18. Designing, printing, minting, preservation, transportation, distribution
and destruction of money
1. The State
Bank shall design the denominations, sizes, weights, designs, patterns and
other characteristics of banknotes and coins, and submit them to the Prime
Minister for approval.
2. The State
Bank shall organize the printing, minting, preservation, transportation,
distribution and destruction of money.
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The State Bank
shall determine criteria for classification of torn or damaged money; exchange
and withdraw money torn or damaged during the circulation process; and not
exchange money which are torn or damaged due to acts of sabotage.
Article
20. Withdrawal and replacement of money
The State Bank
shall withdraw from circulation types of money which are no longer appropriate
and issue other types of money for replacement. The withdrawn money may be
changed for others of equivalent value within a time limit prescribed by the State
Bank. Beyond this time limit, to-be-withdrawn money will be invalid for
circulation.
Article
21. Specimen and souvenir money
The State Bank
shall organize the designing, printing, minting and domestic and overseas sale
of specimen and souvenir money for collection or other purposes under the Prime
Minister's regulations.
Article
22. Promulgation and examination of regulations on money issuance operations
1. The
Government shall promulgate regulations on money issuance operations, covering
activities of printing, minting, preserving, transporting, distributing,
withdrawing, replacing and destroying money, and expenses for the issuance of
money.
2. The Ministry
of Finance shall examine the printing, minting and destruction of money.
Article
23. Prohibited acts
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2. Illegally
destroying money;
3. Refusing to
receive or circulate money issued by the State Bank which are qualified for
circulation.
4. Other
prohibited acts as prescribed by law.
Section
3. LENDING, GUARANTEE AND PROVISION OF ADVANCES FOR THE STATE BUDGET
Article
24. Lending
1. The State
bank shall provide short-term loans for credit institutions under Point a.
Clause 2. Article 11 of this Law.
2. The State
Bank shall consider and decide to grant special loans to a credit institution
in the following cases:
a/ The credit
institution falls into insolvency, posing a threat to the stability of the
system of credit institutions:
b/ The credit
institution is likely to fall into insolvency due to another serious incident.
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Article
25. Guarantee
The State Bank
shall not provide guarantee for organizations and individuals to borrow loans,
except cases of providing guarantee for credit institutions to borrow foreign
loans under the Prime Minister's decision.
Article
26. Advances for the state budget The State Bank
shall provide advances for the central budget to deal with a temporary deficit
in the state budget fund under the Prime Minister's decision. These advance
amounts must be refunded within the budgetary year, except special cases which
shall be decided by the National Assembly Standing Committee.
Section
4. PAYMENT AND TREASURY OPERATIONS
Article
27. Opening of accounts and conduct of transactions via accounts
1. The State
Bank may open accounts at foreign banks, international monetary and banking
institutions and conduct transactions via these accounts.
2. The State
Bank shall open accounts and conduct transactions for credit institutions.
3. The State
Treasury shall open an account at the State Bank. In provinces, centrally run
cities, districts, provincial towns and cities without a State Bank's branch,
transactions for the State Treasury shall be conducted under the State Banks*
regulations.
Article
28. Organization, management, operation and supervision of the national payment
system
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2. The State
Bank shall manage payment instruments in the national economy.
Article
29. Treasury services
The State Bank
shall provide treasury services through the collection and payment of cash for
account owners and transportation, counting, classification and disposal of
money in circulation.
Article
30. Agency for the State Treasury
The State Bank
shall act as an agent for the State Treasury in organizing bidding and in
issuing, depositing and making payment for treasury bonds and bills.
Section
5. MANAGEMENT OF FOREIGN EXCHANGE AND FOREIGN EXCHANGE OPERATIONS
Article
31. Tasks and powers of the State Bank in the management of foreign exchange
and foreign exchange operations
1. To manage
foreign exchange and the use of foreign exchange in Vietnam's territory
according to law.
2. To organize
and develop a foreign currency market.
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4. To propose
the Prime Minister to decide on measures to restrict foreign exchange
transactions in order to assure the national financial and monetary security.
5. To organize,
manage and participate in the inter-bank foreign currency market.
6. To perform
other tasks and exercise other powers regarding the management of foreign
exchange and foreign exchange operations under law.
Article
32. Management of state foreign exchange reserves
1. Slate foreign
exchange reserves include:
a/ Foreign
currencies in cash and foreign-currency deposits on offshore accounts;
b/ Securities
and other valuable papers in foreign currencies issued by foreign governments,
foreign organizations or international organizations;
c/ Special
drawing rights and reserves at the International Monetary Fund;
d/ Gold under
the State Bank's management;
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2. The State
Bank shall manage state foreign exchange reserves under the law on foreign
exchange with a view to implementing the national monetary policy and ensuring
international solvency and the conservation of state foreign exchange reserves.
3. The Prime
Minister shall decide on the use of state foreign exchange reserves to meet
unexpected and urgent needs of the State. In case the use of state foreign
exchange reserves leads to a change in the state budget estimates, the Law on
the State Budget will apply.
4. The State
Bank shall report to the Government on the management of state foreign exchange
reserves on a periodical and irregular basis.
5. The Ministry
of Finance shall inspect the management of state foreign exchange reserves by
the State Bank under the Government's regulations.
Article
33. Foreign exchange operations of the State Bank
The State Bank
shall buy and sell foreign exchange on the domestic market for the attainment
of objectives of the national monetary policy; buy and sell foreign exchange on
international markets and conduct other foreign exchange transactions under the
Prime Minister's regulations.
Article
34. Sale and purchase of foreign currencies between state foreign exchange
reserves and the state budget
The Prime
Minister shall provide for the level of foreign currencies to be retained by
the Ministry of Finance from stale budget revenues lo cover regular
foreign-currency expenditures of the state budget. The remaining foreign
currency amount shall be sold by the Ministry of Finance to state foreign
exchange reserves which are concentrated at the State Bank.
Section
6. INFORMATION AND REPORTING
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1. Organizations
and individuals shall provide information for the State Bank to serve the
formulation of Vietnam's monetary balance sheet, formulation of the payment
balance and the assessment and forecast of development trends in the monetary
market in service of the formulation and administration of the national
monetary policy and the foreign exchange management.
2. Credit
institutions shall provide information and statistical data at the request of
the State Bank to serve the assessment, inspection and supervision of
operations of the system of credit institutions as well as each credit
institution.
3. The Governor
of the State Bank shall provide for entities required to provide information,
the process and scope of information provision, types of to-be-provided
information, and the time limit and mode of information provision under Clauses
1 and 2 of this Article.
Article
36. Principles of information provision
The provision of
information by organizations and individuals to the State Bank must be carried
out in an accurate, truthful, adequate and timely manner.
Article
37. Tasks of the State Bank regarding information activities
I. The State
Bank has the following tasks in information activities:
a/ To receive,
use. archive, provide and disclose information in accordance with law:
b/ To organize
and supervise the provision of credit information relating lo clients having
relations with credit institutions to these credit institutions:
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2. The State
Bank shall disclose according to its competence the following information:
a/ Monetary and
banking guidelines, policies and laws;
b/ The State
Bank Governor's executive decisions on the monetary and banking matters;
c/ Actual
monetary and banking developments;
d/ Announcements
related to the establishment, acquisition, sale, division, splitting, consolidation,
merger, bankruptcy or dissolution of credit institutions;
e/ Financial and
operational results of the State Bank according to law.
Article
38. Confidentiality of information
1. The State
Bank shall elaborate a list of state secrets in the monetary and banking sector
and regulations on the change of the degree of confidentiality and ihe
declassification of these secrets for submission to competent state agencies
for decision; and protect its secrets and secrets of other organizations and
individuals under law.
2. The State
Bank may reject organizations' and individuals" requests for the provision
on confidential monetary and banking information, except requests of competent
state agencies made under law.
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Article
39. Monetary statistics, analysis and forecast
The State Bank
shall collect information and make statistics on economic, monetary and banking
operations at home and abroad for the purposes of research, analysis and
forecast of monetary developments in service of the formulation and
administration of the national monetary policy.
Article
40. Reporting
1. The Prime
Minister shall report or authorize the Governor of the State Bank to report to
the National Assembly on the results of annual implementation of the national
monetary policy, report and explain matters brought before the National
Assembly, the National Assembly Standing Committee or National Assembly
agencies: and promptly provide upon request necessary information and documents
to National Assembly agencies for overseeing the implementation of the national
monetary policy.
2. The State
Bank shall report to the Government on:
a/ Monetary and
banking developments on a biannual and annual basis;
b/ Audited
annual financial statements.
3. The State
Bank shall provide ministries and ministerial-level agencies with reports
specified by law.
Article
41. Publishing activities
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Chapter IV
FINANCE AND ACCOUNTING OF THE STATE BANK
Article
42. Legal capital
The State Bank's
legal capital shall be allocated from the state budget. The level of the State
Bank's legal capital shall be decided by the Prime Minister.
Article
43. Financial revenues and expenditures
The State Bank's
financial revenues and expenditures shall, in principle, be carried out under
the Law on the State Budget- The Prime Minister shall provide for breakdowns of
financial revenues and expenditures in conformity with particular professional
operations of the State Bank.
Article
44. Financial results
Annual financial
results of the State Bank shall be determined based on revenues from banking
operations and other revenues, after deducting operation expenses and risk
provisions.
Article
45. Funds
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a/ The fund for
the implementation of the national monetary policy;
b/The financial
provision fund;
c/ Other funds
as decided by the Prime Minister.
2. The deduction
levels for the setting up and the use of funds specified in Clause 1 of this
Article comply with the Prime Minister's regulations.
3. After making
deductions to set up funds specified in Clause 1 of this Article, the remainder
of the State Bank's financial results shall be remitted into the state budget.
Article
46. Accounting of the State Bank The State Bank
shall conduct accounting according to Vietnam's accounting standards and the
specific accounting regime applicable to the central bank under the Prime
Minister's regulations.
Article
47. Auditing
Annual financial
statements of the State Bank shall be audited and certified by the State Audit.
Article
48. Fiscal year
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Chapter V
BANKING INSPECTION AND SUPERVISION
Article
49. The Banking Inspection and Supervision Agency
1. The Banking
Inspection and Supervision Agency is a unit belonging to the State Bank's
organizational structure and performing the tasks of banking inspection and
supervision and money laundering prevention and combat.
2. The Prime Minister
shall specify the organization, tasks and powers of the Banking Inspection and
Supervision Agency.
Article
50. Objectives of banking inspection and supervision
Banking
inspection and supervision aim to contribute to assuring the safe and sound development
of the system of credit institutions and the financial system: to protect
lawful rights and interests of money depositors and clients of credit
institutions; to maintain and increase public confidence in the system of
credit institutions; to ensure the observance of monetary and banking policies
and laws; and to contribute to raising the effectiveness and efficiency of
state management in the monetary and banking sector.
Article
51. Principles of banking inspection and supervision
1. Banking
inspection and supervision shall be conducted under law in an accurate,
objective, truthful, public, democratic and timely manner without impeding
normal operations of agencies, organizations and individuals subject to banking
inspection and supervision.
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3. Banking
inspection and supervision shall be conducted on the principle that all
operations of credit institutions must be inspected and supervised.
4. Banking
inspection and supervision shall be conducted under this Law and other relevant
laws. In case provisions on banking inspection and supervision of this Law are
different from those of other laws, provisions of this Law prevail.
5. The Governor
of the State Bank shall provide for the order and procedures for banking
inspection and supervision.
Article
52. Entities subject to banking inspection
The State Bank
shall inspect the following entities:
1. Credit
institutions, branches of foreign banks, representative offices of foreign
credit institutions and other foreign institutions conducting banking
operations. When necessary, the State Bank shall request competent state
agencies to inspect or coordinate with it in inspecting subsidiary companies or
associated companies of credit institutions:
2. Institutions
conducting foreign exchange operations or gold trading activities; organizations
engaged in credit information activities; and non-bank institutions providing
intermediary payment services.
3. Vietnamese
agencies, organizations and individuals and foreign agencies, organizations and
individuals in Vietnam regarding the compliance with the monetary and banking
laws under the state management of the State Bank.
Article
53. Rights and obligations of entities subject to banking inspection
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2. To excise
rights and perform obligations as prescribed by law.
Article
54. Grounds for issuance of inspection decisions
An inspection
decision shall be issued based on any of the following grounds:
1. Inspection
programs or plans:
2. Requests of
the Governor of the State Bank:
3. Upon
detecting signs of violation of law;
4. Upon
occurrence of risks to the operational safety of credit institutions.
Article
55. Contents of banking inspection
1. Inspecting
the observance of the monetary and banking laws and the compliance with
licenses granted by the State Bank;
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3. Proposing
competent state agencies to amend, supplement or annul existing legal documents
or promulgate new ones to meet the requirements of the state management of
monetary and banking operations.
4. Proposing and
requesting entities subject to banking inspection to take measures to restrict,
reduce and handle risks so as to ensure the safety of banking operations and
prevent acts which may induce violations of law.
5. Detecting,
preventing and handling according to its competence or proposing competent
state agencies to handle violations of the monetary and banking laws.
Article
56. Entities subject to banking supervision
The State Bank
shall conduct banking supervision of all operations of credit institutions and
branches of foreign banks. When necessary, the State Bank shall request
competent state agencies to supervise or coordinate with it in supervising
subsidiary companies and associated companies of credit institutions.
Article
57. Rights and obligations of entities subject to banking supervision
1. To promptly,
adequately and accurately provide information and documents at the request of
the Banking Inspection and Supervision Agency; to take responsibility before
law for the accuracy and truthfulness of provided information and documents.
2. To report on
and explain about risk and operational safety recommendations and warnings
issued by the Banking Inspection and Supervision Agency.
3. To comply
with the Banking Inspection and Supervision Agency's risk and operational
safety recommendations and warnings.
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1. Collecting,
synthesizing and processing documents, information and data to meet banking
supervision requirements.
2. Considering
and monitoring the observance of regulations on safety of banking operations
and other monetary and banking regulations; the implementation of inspection
conclusions, recommendations and handling decisions and recommendations and
warnings about banking supervision.
3. Analyzing and
assessing financial status, operation, administration, management and risk
degree of credit institutions; and annually rank credit institutions.
4. Detecting and
giving warnings about risks to the safety of banking operations and threats of
violation of the monetary and banking laws.
5. Proposing and
recommending measures to prevent and handle risks and violations of law.
Article
59. Handling of entities subject to banking inspection and supervision
1. Entities
subject to banking inspection and supervision that violate the monetary and
banking laws shall, depending on the nature and severity of their violations,
be disciplined, administratively sanctioned or examined for penal liability. If
causing damage, they shall pay compensation under law.
2. Depending on
the nature and degree of risks, the State Bank shall also apply the following
handling measures to entities subject to banking inspection and supervision:
a/ Restricting
the distribution of dividends, transfer of shares or transfer of assets;
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c/ Restricting,
terminating or suspending one or several banking operations;
d/ Requesting
credit institutions to increase their charter capital to meet prudential
requirements in banking operations;
e/ Requesting
credit institutions to transfer their charter capital or equity capital; or
requesting major shareholders or shareholders holding control or dominant
shares to transfer their shares;
f/ Deciding on a
credit growth limit applicable to credit institutions in case of necessity so
as to ensure the safety for credit institutions and the system of credit
institutions;
g/ Applying one
or several prudential ratios higher than the prescribed ones.
Article
60. Coordination between the State Bank and ministries and ministerial-level
agencies in banking inspection and supervision
1. The State
Bank shall coordinate with concerned ministries and ministerial-level agencies
in exchanging information on inspection and supervision in the finance and
banking sector under its management.
2. The Slate
Bank shall assume the prime responsibility for, and coordinate with competent
state agencies in. conducting inspection and supervision of credit
institutions; coordinate with competent state agencies in inspecting and
supervising subsidiary companies and associated companies of credit
institutions under Articles 52 and 56 of this Law.
Article
61. Coordination in banking inspection and supervision between the State Bank
and competent foreign banking inspection and supervision authorities
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2. The State
Bank shall reach agreement with competent foreign banking inspection and
supervision authorities on the form, contents and mechanisms of information
exchange and inspection and supervision coordination in accordance with
Vietnam's law.
Chapter VI
INTERNAL AUDIT
Article
62. Internal Audit
1. Internal
Audit is a unit belonging to the organizational structure of the State Bank
which shall conduct internal audit and control within the State Bank.
2. The
regulation on internal audit and control shall be promulgated by the Governor
of the State Bank.
Article
63. Entities subject to. objectives and operational principles of the Internal
Audit
1. Subject to
internal audit are units of the State Bank's system.
2. The objective
of internal audit is to assess the effectiveness of internal control activities
in order to assure the reliability of financial statements, the effectiveness
of operations, the observance of laws, regulations and processes of the State
Bank and the assurance of asset safety.
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a/ Assuring the
observance of laws, regulations, processes and plans approved by the Governor
of the State Bank:
b/ Assuring the
independence, truthfulness and objectivity and the confidentiality of state
secrets and secrets of audited units;
c/ Not impeding
normal operations of audited units:
d/ The Internal
Audit is entitled to access documents, dossiers, transactions and other
necessary documents of audited units to fulfill audit objectives.
Article
64. Tasks and powers and the Internal Audit
1. To audit all
units of the State Bank's system in conformity with approved audit plans or at
the request of the Governor of the State Bank.
2. To conduct
financial audit, operational audit and audit of performance of other tasks of
the State Bank.
Chapter VII
IMPLEMENTATION PROVISIONS
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1. This Law
takes effect on January 1, 2011.
2. Law No.
01/1997/QH10 on the State Bank of Vietnam and Law No. 10/2003/QH11 Amending and
Supplementing a Number of Articles of the Law on the State Bank of Vietnam
cease to be effective on the effective date of this Law.
Article
66. Implementation detailing and guidance
The Government
shall detail and guide this Law's articles and clauses as assigned to it: and
guide other necessary contents of this Law to meet state management
requirements.
This Law was
passed on June 16, 2010, by the XIIth National Assembly of the
Socialist Republic of Vietnam at its 7th session.-
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong
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