THE GOVERNMENT
---------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
--------------
|
No. 18-CP
|
Hanoi, February
24, 1997
|
DECREE
ON HANDLING VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE
FIELD OF BANKING
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Proceeding from the Ordinance on the Handling of Violations of Administrative
Regulations of July 6, 1995;
At the proposal of the Governor of the State Bank of Vietnam,
DECREES
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope and subjects of regulation:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The scope of sanctioning
violations of administrative regulations in the field of banking is defined in
detail in articles of Chapter II of this Decree.
All domestic and foreign organizations
and individuals that violate administrative regulations in the field of banking
within the Vietnamese territory shall be sanctioned in accordance with this
Decree, unless where the international conventions which Vietnam has acceded to
provide otherwise.
Article 2.-
The principles and statute of limitation for the sanctioning of violations of
administrative regulations:
1. The principle for sanctioning
violations of administrative regulations in the field of banking shall comply
with Article 3 of the Ordinance on the Handling of Violations of Administrative
Regulations.
2. The statute of limitation for
sanctioning violations of administrative regulations in the field of banking is
2 years from the date the act of violation is committed.
Article 3.-
The application of the main sanctions, additional sanctions and other measures
against violations of administrative regulations in the field of banking is as
follows:
1. For each act of violation of
administrative regulations, the offending individual or organization shall be
subject to one of the following main sanctions:
a) Warning;
b) Fine.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Stripping for a limited or
unlimited time of the operating license in monetary, credit, payment, foreign
exchange and banking fields;
b) Confiscation of evidences and
instruments employed in the act of violation of administrative regulations;
c) Partial restriction to or ban
on the activities related to the fields of monetary, credit, payment, foreign
exchange and banking.
3. Apart from the sanctions
specified in Items 1 and 2 of this Article, the offending individual or
organization may be subject to one of the following measures:
a) Forcible compensation for the
damage;
b) Forcible restoration to the
original state which has been changed by the violation of administrative
regulations.
Chapter II
ACTS OF VIOLATION OF
ADMINISTRATIVE REGULATIONS IN THE FIELD OF BANKING, FORMS AND LEVELS OF SANCTION
Article 4.-
The sanctions against organizations and individuals that violate regulations on
operating permits or representative office license in the field of banking:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. A fine of 10,000,000 VND to
15,000,000 VND against one of the following violations:
a) A credit organization fails
to pay the fee for the operating license as required by the State Bank;
b) A credit organization starts
its operation before completing all the formalities specified in its operating
license;
c) Allowing other(s) to use its operating
permit or representative office license;
d) Using a name or its operating
permit or representative office license not in accordance with the relevant
regulations;
e) Operating not in accordance
with its operational statute or with a statute modified without the approval of
the State Bank;
f) Operating not in accordance
with the specification of the license issued by the State Bank.
3. A fine of 15,000,000 VND to
20,000,000 VND against one of the following violations:
a) Operating in banking without
an operating license or with an expired license;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Splitting, merging or
affiliating a credit organization without the approval of the State Bank.
4. Additional sanctions:
a) Stripping for a period of 3
months the right to use the operating license for violations specified in
Points (a) and (c), Item 2, of this Article;
b) Stripping permanently the
right to use the operating license for violations specified in Point (b), Item
2, of this Article.
Article 5.-
A fine of 20,000,000 VND to 25,000,000 VND against one of the following
violations:
1. Moving the head office or
opening/closing a branch or representative office without the approval of the
competent agency;
2. An organization or individual
licensed by the State Bank to operate in monetary, credit, payment and banking
services that conduct their operations without a transaction office or with a
transaction office not in accordance with the relevant regulations;
3. Changing the head office of
the organization or branches or representative office, or the business
location, without the authorization of the State Bank.
Article 6.-
A fine of 25,000,000 VND to 30,000,000 VND against the acts of unauthorized
splitting, merging or affiliating credit organizations without the approval of
the State Bank.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Giving preferential loans to
the wrong objects;
2. Violating regulations on the
levels of preferential loans.
Article 8.-
Sanctions against the violations of the regulations on recruiting and assigning
employees; and on the managerial operations of credit organizations:
1. Warning against credit
organizations which commit one of the following violations:
a) To employ personnel which are
banned by law;
b) Not to reassign to new jobs
the functionaries and employees who work in accounting, storing, fund keeping
and credit sections and who have violated discipline.
2. A fine of 15,000,000 VND to
20,000,000 VND against one of the violations of the safety regulations on
banking operation:
a) Accumulating capital in
excess of the limit provided for in the license;
b) Lending out not in compliance
with the regulations of the State Bank;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d) Violating legal provisions on
capital contribution, joint venture and stock purchase;
e) Transferring stocks at variance
with the provisions of law;
f) Violating legal provisions on
financial deductions for establishing funds;
g) Using funds to pay dividends
or transfer overseas at variance with the regulations of the State Bank.
3. Application of other
measures:
a) To restrict or ban one of the
related operations for the repeat of a violation described in Points (a), (b),
(c) and (d), Item 2, of this Article;
b) To forcibly restore to the
original state which has been changed by the violations specified in Points (e),
(f) and (g), Item 2, of this Article.
Article 9.-
Sanctions against violations of regulations on credit operation:
1. Warning against one of the
following violations:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) To renew overdue debts in
more than the number of times prescribed by the State Bank.
2. A fine of 15,000,000 VND to
20,000,000 VND against one of the following violations:
a) Not to comply fully or
properly with the lending conditions set by the State Bank;
b) To violate one of the
provisions on collecting and paying profit, collecting fees and commissions and
fines as provided for by the State Bank;
c) Not to conduct checks before,
during and after the lending as prescribed by the State Bank;
d) Not to terminate the lending
or take appropriate measures to recover the loan after discovering that the
borrowing party is using the loan for wrong purposes.
Article
10.- Sanctions against one of the violations against the regulations of the
State Bank on collateral, mortgage and guaranty for lending:
1. Warning against one of the
following acts of violation:
a) To observe not properly the
regulations on scopes and objects of collateral, mortgage and guaranty for bank
lending as prescribed by the State Bank;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) To observe not properly the
regulations on the amount of loan compared to the value of the collateral,
mortgage and guaranty as provided for the State Bank.
2. A fine of 25,000,000 VND to
30,000,000 VND against one of the following violations:
a) To accept collateral or
property mortgage for lending not in compliance with the regulations of the
State Bank;
b) To observe not properly or
fully the regulations on obligations of the depositor and recipient of
collateral, mortgage and guaranty for loan set by the State Bank;
3. Application of the additional
sanctions and other measures:
a) To put partial restriction on
or ban one of these operations: credit, guaranty or mortgage in case of repeat
of a violation defined in Clause 2 of this Article;
b) Forcible compensation for
damage in case of repeat of one of the violations defined in Points (a), (b)
and (c), Item 1 of this Article.
Article
11.- A fine of 30,000,000 VND to 40,000,000 VND against one of the
following violations of the regulations on guaranty and re-guaranty:
1. To conduct the loan guaranty
and re-guaranty and guaranty for deferred-payment LC�s without observing fully the conditions set by
the State Bank;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. To provide guaranty or re-guaranty
not in compliance with the provisions of the authorized levels as prescribed by
law;
4. Other measures: to restrict
or ban one of these operations: credit; guaranty, re-guaranty and guaranty for
deferred-payment LC�s in
case of repeat of a violation defined in Items 1, 2 and 3 of this Article.
Article
12.- Sanctions against violations of the regulations on foreign borrowing
and payment:
1. A fine of 40,000,000 VND to
50,000,000 VND against an enterprise which takes direct foreign loans and commits
one of the following violations:
a) Not observing or observing
improperly the regulations on presenting documents signed with a foreign party
to the State Bank or guaranteeing banks;
b) Not reporting or reporting
not fully as required by the Government or the State Bank on the lending
situation at, or the use of foreign loans by, the dependent enterprises and
units.
2. A fine of 50,000,000 VND to
70,000,000 VND against organizations which take or pay back foreign loans not
through the channel of the banking system as required by law.
Article
13.- Sanctions against violations of the regulations on import and export
of gold and silver:
1. A fine of 15,000,000 VND to
20,000,000 VND against one of the following violations:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Exporting or importing gold
and silver at variance with the provisions of the license;
c) Buying, selling or
transferring the license for exporting or importing gold and silver;
d) Importing gold through
consignment of an enterprise which is not satisfying the conditions set by the
State Bank;
e) Not reporting the result of
consignment import of gold as prescribed by the State Bank.
2. Application of additional
sanctions or other measures:
a) Confiscating the goods in
case of a violation defined in Points (a), (b) and (d), Item 1, of this
Article;
b) Stripping the license for a
period up to 3 months in case of a violation defined in Point (c), Item 1, of
this Article;
c) Restricting or banning the
import of gold and silver in case of a violation defined in one of the points
in Item 1 of this Article.
Article
14.- Sanctions against violations of the State regulations on control of
foreign exchange:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. A fine of 5,000,000 VND to
8,000,000 VND against one of the violations of the regulations of the State
Bank on exchange rates for selling and buying foreign currencies and for
payment in foreign exchange.
3. A fine of 10,000,000 VND to
15,000,000 VND against one of the following violations:
a) Buying, selling and receiving
foreign currencies without a license of the State Bank;
b) Lending and paying in foreign
currencies not in compliance with the regulations of the State Bank;
c) Not depositing the received
foreign currencies at a State Bank as required by law;
d) Not abiding by the
regulations of the State Bank on the state of foreign currencies.
4. A fine of 40,000,000 VND to
50,000,000 VND against an economic organization which opens or uses an overseas
bank account in foreign currencies without the permission, or not in line with
the permission, of the State Bank.
5. Application of additional
sanctions:
a) Stripping the right to use
the license for a period of up to six months in case of a repeat of a violation
of the provision of Item 2 of this Article.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
15.- Sanctions against an enterprise which is established and operates
under the Law on Foreign Investment in Vietnam and which violates the legal
regulations on management of foreign exchanges:
1. A fine of 15,000,000 VND to
20,000,000 VND for the failure to submit periodical reports as required by the
State Bank on the operation of the overseas bank accounts;
2. A fine of 40,000,000 VND to
50,000,000 VND against one of the following violations:
a) Not observing properly the
regulation of depositing and using capital and revenues in foreign exchange in
accounts at the Bank as required by law;
b) Taking foreign loans without
the approval of the State Bank;
c) Using foreign exchange bank
accounts not in compliance with the provision of law.
3. A fine of 80,000,000 VND to
100,000,000 VND against an organization or individual that transfers foreign
exchange overseas not in line with the provision of the State Bank.
4. Application of additional
sanctions: restricting or withdrawing the license on operations in foreign
exchange in case of the repeat of a violation of the provision of Items 1 and 2
of this Article.
Article
16.- Sanctions against violations of the regulations on payment:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Violation of the regulations
of the State Bank on opening bank accounts for customers;
b) Violation of the timing of
payment for customers;
c) Improper observance of the
regulation of the State Bank on the procedures for payment and money transfer.
2. A fine of 15,000,000 VND to
20,000,000 VND against an organization or individual that commits one of the
following violations:
a) Issuing checks in excess of
the balance of the checking account;
b) Tampering with payment
documents;
c) Making payment or transfer in
checks which under State Bank regulation have expired their validity;
3. Application of additional
sanctions and other measures for violations defined in this Article:
a) Confiscating the evidences
and instruments involved in the violations defined in Points (a), (b) and (c),
Item 2, of this Article;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
17.- A fine of 8,000,000 VND to 10,000,000 VND against one of the
violations of the regulations on reporting and keeping documents of banking
operations:
1. Reporting not in time as
required by the State Bank;
2. Not submitting in full the
reports or making reports not in the forms required by the State Bank;
3. Disclosing secrets about the
following reports and documents:
a) The balance of accounts and
the statistics on cash volume and balance of deposits made by customers;
b) The control samples of
signatures and electronic codes of holders of accounts used in payment.
Article
18.- Sanctions against the acts of hindering the work of inspection,
control and recommendation of the Inspector:
1. Warning against one the
following violations:
a) Delaying, evading or refusing
to produce documents, dossiers, statistics and data requested by the Inspecting
organization or team, or using tricks to counter the Inspectors who are
carrying out their duty;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. A fine of 15,000,000 VND to
20,000,000 VND against one of the following violations:
a) Hiding or tampering with
documents and books, or replacing evidences which are being under
investigation;
b) Unauthorized removing and
moving, or employing other acts, to change the sealing of stores, funds, safes
of money, gold and gemstones, accounting documents, credit dossiers, guaranty
dossiers or evidences under seal or temporary seizure, which acts have not
caused damage.
Chapter
III
JURISDICTION AND
PROCEDURES FOR SANCTIONING VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE
FIELD OF BANKING
Article
19.- The jurisdiction in sanctioning violations of administrative
regulations in the field of banking:
1. The Governor of the State
Bank has the powers:
a) To issue warnings;
b) To impose a fine up to
100,000,000 VND;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The General Inspector of the
State Bank has the powers:
a) To issue warning;
b) To impose a fine up to
20,000,000 VND;
c) To administer additional
sanctions and other measures stipulated in Item 2, Item 3 of this Decree.
3. The Chief Inspector at the
provincial or municipal branch of the State Bank has the powers:
a) To issue warnings;
b) To impose a fine up to
10,000,000 VND;
c) To confiscate evidences and instruments
used in the violations of the administrative regulations;
d) To administer other measures
difined in Point (b), Item 3, Article 3, of this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
21.- The order and procedures for handling violations of the administrative
regulations in the field of banking shall comply with Articles 45, 46, 47, 48,
49, 50, 51, 52 and 53 of the Ordinance on the Handling of Violations of
Administrative Regulations.
Article
22.- The forcible implementation of the Decisions on handling of violations
of administrative regulations shall be conducted in accordance with Article 55
of the Ordinance on the Handling of Violations of Administrative Regulations.
Article
23.- The complaints, denunciation and the handling of the complaints and
denunciations of violations of administrative regulations in the field of
banking shall comply with Articles 87, 88, 89 and 90 of the Ordinance on the
Handling of Violations of Administrative Regulations and the provisions of the
Ordinance on Complaints and Denunciations.
Article
24.- The handling of cases involving personnel with competence to handle
violations of administrative regulations in the field of banking:
The personnel with competence to
handle violations of administrative regulations in the field of banking who
condone and cover up violators, fail to mete out sanctions or handle not in
accordance with the provisions of law, or handle the violations in excess of
their competence, shall, depending on the seriousness of their violations, be
disciplined; subject to examination for penal liability if their violations
contain criminal factors; and subject to forcible material compensation for the
damage caused by their violations as provided by law.
Chapter IV
IMPLEMENTATION PROVISIONS
Article
25.- The Ministers, the Heads of the ministerial-level Agencies, the Heads
of Agencies attached to the Government, the Presidents of the People’s
Committees of the provinces and cities directly under the Central Government,
shall have to implement this Decree.
This Decree takes effect from
the date of its signing. All the earlier provisions which are contrary to this
Decree are now annulled.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai