THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
20/2000/ND-CP
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Hanoi,
June 15, 2000
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE MONETARY
FIELD AND BANKING OPERATIONS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Vietnam State Bank Law No.01/1997/QH10 of December 12, 1997;
Pursuant to Credit Institutions Law No.02/1997/QH10 of December 12, 1997;
Pursuant to the Ordinance on Handling Administrative Violations of July 6,
1995;
At the proposal of the Vietnam State Bank Governor,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation and objects of application
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2. Organizations and individuals committing acts
of administrative violation in the monetary field and banking operations under
the provisions of this Decree shall be administratively sanctioned.
Foreign organizations and individuals that
conduct activities related to the monetary field and banking operations on the
territory of the Socialist Republic of Vietnam and commit acts of
administrative violation shall also be sanctioned according to the provisions of
this Decree, except otherwise provided for by the international treaties which
Vietnam has signed or acceded to.
Article 2.- Principles
for sanctioning administrative violations
The principles for sanctioning administrative
violations in the monetary field and banking operations shall comply with the
provisions in Article 3 of the Ordinance on Handling Administrative Violations.
Article 3.- Statute of
limitations for sanctioning administrative violations
The statute of limitations for sanctioning an
administrative violation in the monetary field and banking operations shall be
2 years counting from the date the act of administrative violation is
committed.
Past the above-said time limit, no sanction
shall be imposed but the measures prescribed at Point b, Clause 3, Article 9 of
this Decree shall be applied.
Article 4.- Time limit
for being considered not having been sanctioned for administrative violations
Organizations and individuals already sanctioned
for administrative violations shall be considered as having not been sanctioned
for administrative violations if one year after their execution of the
sanctioning decisions or after the expiry of the implementation effect of the
sanctioning decisions they do not relapse into such violations.
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The procedures for sanctioning administrative
violations in the monetary field and banking operations shall comply with the
provisions in Chapter VI of the Ordinance on Handling Administrative
Violations.
Article 6.- Coercion,
statute of limitations for execution of decisions on sanctioning administrative
violations
The coercion and statute of limitations for
execution of decisions on sanctioning administrative violations shall comply
with the provisions in Articles 55 and 56 of the Ordinance on Handling
Administrative Violations.
Article 7.- Execution of
decisions on sanctioning administrative violations
The execution of administrative
violation-sanctioning decisions against organizations and individuals that have
committed acts of administrative violations in the monetary field and banking
operations shall comply with the provisions in Article 54 of the Ordinance on
Handling Administrative Violations.
Article 8.- Extenuating
circumstances, aggravating circumstances
When sanctions are imposed on administrative
violations in the monetary field and banking operations, the following are
considered extenuating or aggravating circumstances:
1. Extenuating circumstances:
The administrative violators have warded off or
reduced the harms done by acts of violation or volunteered to overcome the
consequences and compensate the damage.
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a) Committing the violations in an organized
manner;
b) Committing violations more than once or relapsing
into violations;
c) Abusing one’s positions and/or powers;
d) Taking advantage of war conditions, natural
disasters or other particularly difficult circumstances of the society to
commit the violations;
e) Committing the violations while serving administrative
violation- sanctioning decisions;
f) Committing violations while serving criminal
sentences;
g) Committing acts of escape or concealment
after having committed violations.
Chapter II
FORMS OF AND COMPETENCE
FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE MONETARY FIELD AND BANKING
OPERATIONS
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1. For each administrative violation, the
violating organizations and/or individuals shall be subject to one of the
following sanctioning forms:
a) Warning;
b) Fine.
2. Depending on the nature and seriousness of
their violations, organizations and individuals committing acts of
administrative violations shall also be subject to one or several of the
following forms of additional sanction:
a) The confiscation of material evidences, means
used for the commission of administrative violations;
b) The definite or indefinite deprivation of the
right to use license for the performance of one or several professional
operations related to the acts of administrative violation in the monetary
field and banking operations.
3. Besides the sanctioning forms prescribed in
Clauses 1 and 2 of this Article, the violating organizations and individuals
shall also be subject to one of the following handling measures:
a) Forcible compensation for damage caused by
their administrative violations under the provisions of law;
b) Forcible restoration of the initial state
which has been altered due to their administrative violations.
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1. The State Bank�s
Inspector General shall have the power to:
a) Serve warning;
b) Impose a fine of up to 20,000,000 VND;
c) Apply forms of additional sanction and other
handling measures as prescribed at Point a, Clause 2 and Clause 3, Article 9 of
this Decree;
d) To propose the Vietnam State Bank Governor to
definitely or indefinitely deprive the right to use licenses for the
performance of one or several professional operations related to acts of
administrative violation in the monetary field and banking operations.
2. The chief inspectors of the State Bank
branches shall have the power to:
a) Serve warning;
b) Impose a fine of up to 10,000,000 VND;
c) Apply forms of additional sanction and other
handling measures as prescribed at Point a, Clauses 2 and 3 of Article 9 of
this Decree.
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3. The bank inspectors performing the official
duty shall have the power to:
a) Serve warning;
b) Impose a fine of up to 200,000 VND.
Article 11.-
Authorization to sanction administrative violations
Where the people with competence to sanction
administrative violations as provided for in Clauses 1 and 2 of Article 10 of
this Decree authorize their deputies or are absent, the deputies may impose
sanctions according to jurisdiction prescribed in Article 10 of this Decree.
Chapter III
ADMINISTRATIVE
VIOLATIONS IN THE MONETARY FIELD AND BANKING OPERATIONS, THE SANCTIONING FORMS
AND LEVELS
Section 1. ADMINISTRATIVE
VIOLATIONS CONCERNING ESTABLISHMENT AND OPERATION LICENSES, PROFESSIONAL
OPERATION LICENSES, CONCERNING ORGANIZATIONAL STRUCTURE OF CREDIT INSTITUTIONS
Article 12.- Violations
concerning establishment and operation licenses, professional operation
licenses (referred collectively to as licenses)
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a) Lending, leasing or assigning licenses to
other organizations or individuals;
b) Conducting activities in contravention of the
Charter or conducting activities when the Charter has not yet been approved by
competent authorities (except otherwise provided for by law);
c) Erasing, rubbing, modifying licenses.
2. A fine of between 15,000,000 and 20,000,000
VND for act of continuing the banking operations when the licenses therefor
have expired or have not been extended (for cases where the extension is
required).
Article 13.-
Sanctioning violations regarding working offices, establishment or dissolution
of credit institutions
1. A fine of between 2,000,000 and 10,000,000
VND for act of relocating head offices, transaction bureaus, branches,
affiliate companies or representative offices without permission of the
competent authorities;
2. A fine of between 15,000,000 and 20,000,000
VND for one of the following acts:
a) Dividing, splitting, consolidating, merging,
re-buying or dissolving credit institutions without the written approval of the
competent authorities;
b) Opening transaction bureaus, branches,
affiliate companies or representative offices in various localities at home and
abroad, including the head-offices, without the written approval of the
competent authorities;
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Section 2. ADMINISTRATIVE
VIOLATIONS REGARDING ADMINISTRATION, MANAGEMENT, CONTROL, INSPECTION, INTERNAL
AUDIT
Article 14.-
Sanctioning violations regarding administration, management, control
1. A fine of between 1,000,000 and 5,000,000 VND
for one of the following acts:
a) The chairmen of the Management Boards
concurrently hold the position of General Directors (Directors) of
Deputy-General Directors (Deputy-Directors) of credit institutions (except
otherwise provided for by law);
b) The chairman or other members of the
Management Board authorize persons not being members of the Management Board to
perform their own tasks;
c) The chairman of the Management Board joins
the Management Board of or participate in administering another credit
institution (except where the latter is a company of the former);
d) The General Director (Director),
Deputy-General Director (Deputy Directors) do not reside in Vietnam while they
are incumbent;
e) Employing persons being fathers, mothers, wives,
husbands, children, brothers, sisters of Management Board members, General
Directors (Directors) to work as members of the Control Boards or chief
accountants in the same credit institutions;
f) Control Board members either appointed or
elected by the share-holders’ congress fail to properly perform their tasks and
exercise their rights as prescribed by law.
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a) Who are being examined for penal liability;
b) Who have been sentenced for crimes of
infringing upon the national security, upon the socialist ownership or citizen�s ownership, serious economic
crimes; have been sentenced for other crimes but not yet entitled to criminal
record remission;
c) Who were once members of the Management Board
or General Director (Director) of a bankrupt company or the representatives at
law of a company suspended from operation due to its serious violation of law,
except for cases provided for at Clause 2, Article 50 of the Law on Enterprise
Bankruptcy.
3. A fine of between 15,000,000 and 20,000,000
VND for the following act: the Management Board acted in the name of the credit
institution to decide matters related to the purposes and interests of the
credit institution, in contravention of the Operation Charter of the credit institution
or other law provisions.
Article 15.- Violations
regarding the change of appellation of credit institutions, capital levels,
operation contents and scopes
1. A fine of between 1,000,000 and 5,000,000 VND
for acts of making one of the following changes without obtaining the written
approval of competent authorities:
a) Names of credit institutions;
b) Members of the Management Board, General
Director (Director), members of the Control Board.
2. A fine of between 3,000,000 and 15,000,000
VND for act of changing one of the following contents without the written
approval of the competent authority:
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b) The operation contents and scope;
c) The rate of shares of individuals or
organizations owning more than 10% of the charter capital or holding more than
10% of the share capital.
3. Application of additional sanction form:
Stripping of the right to use license for
between 3 and 6 months for the violation of provisions in Clause 1 and 2 of
this Article.
Article 16.- Violation
of regulations on inspection and internal audit
1. Warning shall be imposed on acts of:
a) Failing to work out programs for inspection
and internal audit as prescribed by law;
b) Organizing the inspection and internal audit
apparatuses attached to the management apparatus in contravention of law
provisions.
2. A fine of between over 2,000,000 and
10,000,000 VND for one of the following acts:
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b) Failing to audit the professional operations
of credit institutions according to the provisions of law.
Section 3. ADMINISTRATIVE
VIOLATIONS REGARDING CAPITAL MOBILIZATION
Article 17.- Violations
regarding the reception of deposits
1. Warning shall be imposed on credit
institutions which have participated in compulsory deposit insurance but failed
to remit the insurance premiums on schedule according to the provisions of law.
2. A fine of between 10,000,000 and 20,000,000
VND shall be imposed on non-bank credit institutions which fail to strictly
abide by the regulations on receiving deposits of organizations and individuals
as provided for in Article 45 of the Law on Credit Institutions.
Article 18.- Violations
regarding the issuance of valuable papers
A fine of between 15,000,000 and 20,000,000 VND shall
be imposed on credit institutions for act of issuing the deposit certificates,
bonds and other valuable papers in order to mobilize capital from organizations
and individuals inside and outside the country without written approval of the
competent authorities.
Section 4. ADMINISTRATIVE
VIOLATIONS REGARDING LOAN PROVISION, BANK GUARANTY, DISCOUNTING AND FINANCIAL
LEASING
Article 19.- Violations
regarding loan provision
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a) Failing to fully archive credit dossiers as
prescribed in Article 55 of the Law on Credit Institutions;
b) Failing to publicize lending interest rates
to customers;
c) Forms of documents on credit contracts and
documents on exposition, accompanied vouchers are made not in accordance with
the provisions of law.
2. A fine of between over 500,000 and 2,000,000
VND for one of the following acts:
a) Making credit contracts in contravention of
the provisions of law;
b) Failing to inspect and supervise the process
of borrowing capital, using loan capital and repaying debts by customers during
the effective time limit of the credit contracts.
3. A fine of between over 2,000,000 and
10,000,000 VND for one of the following acts:
a) Providing loans to organizations and/or
individuals that fail to fully meet the capital borrowing conditions prescribed
by law;
b) Applying interest rates; exempting and/or
reducing loan interests; collecting loan commission; rescheduling debts;
adjusting debt repayment schedule; rolling over debts in contravention of law
provisions.
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5. Application of other measures
Forcible restoration of the initial state within
one month for the violation of the provisions in Clause 3 of this Article.
Article 20.- Violations
regarding discounting, re-discounting, pledging commercial bills and other
short-term valuable papers
A fine of between 5,000,000 and 20,000,000 VND
for acts of providing credits in forms of discounting, re-discounting or
pledging commercial bills and other short-term valuable papers in contravention
of the provisions of law.
Article 21.- Violations
regarding loan guarantee, payment guarantee, contract performance guarantee,
bidding participation guarantee and other forms of bank guarantee ( referred
collectively to as guarantee)
1. A fine of between 200,000 and 500,000 VND for
acts of failing to fully archive guarantee dossiers as prescribed by law.
2. A fine of between 2,000,000 and 10,000,000
VND for one of the following acts:
a) Providing guarantee for organizations and/or
individuals that fail to fully meet the conditions prescribed by law;
b) Applying the guaranteeing charge rates in contravention
of law provisions.
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a) Guaranteeing beyond the levels prescribed by
law;
b) Taking mortgaged guarantee properties and
implementing other regulations on guarantee in contravention of law.
4. A fine of between 15,000,000 and 20,000,000
VND on credit institutions which have not yet been permitted by the competent
authorities to perform the international payment but committed acts of
guaranteeing loans, guaranteeing payments and applying other forms of bank
guarantee for the guaranteed being foreign organizations or individuals.
5. Application of additional sanction form:
Stripping of the right to use license for the
performance of guarantee operations for a period of three months, with regard
to the violation of the provisions in Clause 2 of this Article.
Article 22.- Violations
regarding financial leasing activities
1. A fine of between 200,000 and 500,000 VND for
acts of failing to fully keep the financial leasing dossiers as prescribed by
law.
2. A fine of between 1,000,000 and 10,000,000
VND for act of making financial leasing contracts in contravention of the
provisions of law.
3. A fine of between 3,000,000 and 15,000,000
VND for one of the following acts:
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b) Providing financial leasing to organizations
and/or individuals that fail to fully meet the conditions prescribed by law;
c) The total value of the asset leased to a
customer as compared to the own capital exceeds the percentage prescribed by
law.
4. A fine of between 15,000,000 and 20,000,000
VND on credit institutions for performing the financial leasing operations
without licenses.
5. Application of additional sanction form:
Stripping of the right to use license for
financial leasing operations for 3 to 6 months, for the violation of provisions
in Clauses 2 and 3 of this Article.
Section 5. ADMINISTRATIVE
VIOLATIONS REGARDING THE FOREIGN EXCHANGE MANAGEMENT AND GOLD BUSINESS
MANAGEMENT
Article 23.- Violations
of regulations on foreign exchange management, gold business management
1. A fine of between 200,000 and 500,000 VND for
one of the following acts:
a) Failing to publicly post up the foreign
currency buying and selling rates as well as the gold buying and selling prices
at transaction bureaus as provided for by the competent authorities;
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2. A fine of between over 500,000 and 2,000,000
VND for one of the following acts:
a) Committing fraudulence in gold trading; not
using invoices and vouchers issued by the Finance Ministry;
b) Trading or settling in foreign currency(ies)
with customers or making payment in foreign currencies sent home by Vietnamese
overseas not according to the posted-up rates and other provisions of law.
3. A fine of between over 2,000,000 and
10,000,000 VND for act of lending in foreign currency(ies) not in accordance
with the provisions of law.
4. A fine of between 10,000,000 and 15,000,000
VND for one of the following acts:
a) Opening or using foreign currency accounts
overseas without permission or in contravention of regulations in the permits
granted by the competent authorities;
b) Transferring foreign exchanges or gold out of
or into Vietnam in contravention of law provisions;
c) Failing by credit institutions to abide by
the law provisions on foreign exchange status or VND status;
d) Failing by organizations with revenues in
foreign currency(ies) to abide by law provisions on the sale of collected
foreign currency(ies) to credit institutions;
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f) Buying, selling and/or using
international-standard gold in contravention of law provisions by organizations
and/or individuals;
g) Covering up or conniving by organizations
and/or individuals at acts of violating the legislation on foreign exchange
activities or gold trading activities.
5. A fine of between 15,000,000 and 20,000,000
VND for one of the following acts:
a) Organizing foreign exchange business or gold
trading without licenses granted by the competent authorities;
b) Organizing foreign exchange or gold trading
activities when being suspended therefrom or upon the expiry of foreign
exchange or gold trading licenses;
c) Conducting foreign exchange or gold trading activities,
issuing or acting as agents to issue assorted deposit certificates, bonds and
other valuable papers in foreign currency(ies) or gold by credit institutions
in order to mobilize capital from domestic or foreign organizations and/or
individuals without licenses granted by the State Bank.
6. Application of forms of additional sanctions
and other measures:
a) Confiscation of the volume of foreign
exchange or gold prescribed at Point b or Point f, Clause 4 of this Article;
b) Deprivation of the right to use licenses for
foreign exchange or gold trading activities for a period of 3 months if
repeating the violations prescribed at Point c, Clause 5 of this Article;
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Section 6. ADMINISTRATIVE
VIOLATIONS REGARDING ACCOUNTANCY, TREASURY, FINANCE, ACCOUNTING, PURCHASING,
INVESTING IN FIXED ASSETS AND REAL ESTATE BUSINESS
Article 24.- Violations
regarding accountancy and statistics
The competent authorities as prescribed in
Article 10 of this Decree are entitled to sanction administrative violations
regarding accountancy and statistics in the monetary field and banking
operations according to the Government’s regulations on sanctioning
administrative violations in the fields of accountancy and statistics.
Article 25.- Violations
regarding treasury safety
A fine of between 200,000 and 2,000,000 VND for
any act of violating the treasury safety regime as prescribed by the State
Bank.
Article 26.-
Sanctioning violations regarding account opening and the maintenance of
compulsory reserve
1. Warning for acts of opening deposit accounts
at the State Bank but maintaining the average balance lower than the compulsory
reserve levels prescribed by law.
2. Application of other measures:
Forcible implementation of the compulsory
reserve level as prescribed by law.
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A fine of between 5,000,000 and 15,000,000 VND
for one of the following acts:
1. Making deductions for setting up funds in
contravention of law provisions.
2. Using the charter capital- supplementing
reserve funds set up with the annual deduction of 5% of after-tax profits and
other funds to pay dividends.
3. Transferring the charter capital-
supplementing reserve funds and other funds abroad in contravention of law
provisions.
Article 28.- Violations
regarding purchasing and/or investing in fixed assets
A fine of between 5,000,000 and 20,000,000 VND
for acts of buying and/or investing in fixed assets in excess of 50% of own
capital.
Article 29.- Handling
of violations regarding real estate business
1. A fine of between 15,000,000 and 20,000,000
VND on credit institutions for acts of directly conducting real estate
business.
2. Application of other measures:
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Section 7. ADMINISTRATIVE
VIOLATIONS REGARDING THE ASSURANCE OF SAFETY FOR CREDIT INSTITUTIONS’
OPERATIONS
Article 30.- Violations
of regulations on safety in lending and guaranteeing activities
1. A fine of between 1,000,000 and 5,000,000 VND
for acts of providing loans to the following subjects with the total loan
balance of the credit institution exceeding 5% of its own capital:
a) Auditing organizations and/or auditors conducting
auditing at credit institutions, chief accountants, inspectors;
b) Organizations and individuals that own more
than 10% of the charter capital or hold more than 10% of the share capital of
the credit institution;
2. A fine of between 2,000,000 and 10,000,000
VND for one of the following acts:
a) Lending capital in contravention of law
provisions;
b) Maintaining the guarantee level for one
customer and the total guarantee level exceeds the percentage of the credit
institution�s own
capital, set by the competent authorities.
3. A fine of between 5,000,000 and 15,000,000
VND on credit institutions for one of the following acts:
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b) Providing loans to persons who assess or
approve loans;
c) Providing loans to parents, wives, husbands
or offspring of members of the Management Boards, members of the Control
Boards, General Directors (Directors), Deputy- General Directors (Deputy
Directors) of credit institutions;
d) Accepting by credit institutions the
guarantee of subjects defined at Points a, b and c, Clause 3 of this Article as
basis for providing credits to customers;
e) Providing credits without security or
providing credits with preferential terms to the following subjects:
- Auditing organizations and/or auditors that
are conducting the auditing at the credit institutions, chief accountants,
inspectors;
- Individuals and organizations that own more
than 10% of the charter capital or hold more than 10% of the share capital of
the credit institution;
- Enterprises which have one of the subjects
defined in Clause 1 of this Article owning more than 10% of the charter capital
of such enterprises.
4. A fine of between 10,000,000 and 20,000,000
VND for act of:
Providing the total loan to a customer in excess
of 15% of the credit institution�s
own capital, except for loans provided under the Government’s regulations,
provided from entrusted capital sources of the Government, organizations or
individuals or to borrowing customers being other credit institutions.
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Forcible restoration of the initial state within
1 month for acts of violation specified in this Article.
Article 31.- Violations
of the regulations on percentage to ensure safety in banks operations
1. A fine of between 3,000,000 and 15,000,000
VND on credit institutions for failing to strictly abide by the law provisions
on maintaining one of the following rates:
a) The payment capability rate;
b) The minimum capital safety rate;
c) The maximum rate of short-term capital
sources for the provision of medium- and long-term loans;
d) The maximum rate between loan balance against
the deposit balance.
2. Application of other measures:
Forcible restoration of the initial state within
1 month for acts of violation specified in this Article.
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1. A fine of between 10,000,000 and 20,000,000
VND on credit institutions which commit one of the following acts:
a) Contributing capital to or buying shares from
an enterprise or contributing a total of capital to or buying a total share of
all enterprises in excess of the maximum level prescribed by law;
b) Assigning shares in contravention of law
provisions.
2. Application of other measures:
Forcible restoration of the initial state within
1 month for acts of violation specifiied in this Article.
Article 33.- Violations
of regulations on risk reserves
1. A fine of between 1,000,000 and 10,000,000
VND on credit institutions which commit acts of classification of properties
involved in banking operations not in accordance with the regulations of the
competent authorities.
2. A fine of between 5,000,000 and 15,000,000
VND on credit institutions which commit acts of:
a) Setting up risk reserves in contravention of
the law provisions;
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3. Application of other measures:
Forcible restoration of the initial state within
1 month for acts of violation specifiied in Clause 2 of this Article.
Section 8. ADMINISTRATIVE
VIOLATIONS REGARDING BANKING OPERATION INFORMATION AND SECRETS
Article 34.- Violations
of regulations on management of banking operation information and reports
1. Warning for acts of forwarding reports not
according to the time schedules set by the competent authorities.
2. A fine of between over 200,000 and 2,000,000
VND for acts of failing to send reports or sending reports not according to
forms prescribed by the competent authorities.
3. A fine of between over 2,000,000 and
5,000,000 VND for one of the following acts:
a) Reporting untruthfully on activities of
credit institutions;
b) Providing organizations and/or individuals
with information relating to the activities of the State Bank and/or credit
institutions without permission of the competent authorities as prescribed by
law or without the consent of customers, except for cases prescribed in Article
102, Article 103 and Clause 2 of Article 104 of the Law on Credit Institutions.
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Article 35.- Violations
of regulations on banking operation confidentiality
Fines shall be imposed on acts of
unintentionally disclosing secrets or losing documents and/or data on the list
of State secrets in the banking service, which, however, have not yet caused
serious consequences:
1. A fine of between 100,000 and 500,000 VND for
acts of disclosing secrets of documents and/or data on the list of State
secrets in the banking service, which are classified as
"confidential".
2. A fine of between over 500,000 and 2,000,000
VND for acts of disclosing secrets of documents and/or data on the list of
State secrets in the banking service, which are classified as "top
secret".
3. A fine of between over 2,000,000 and
10,000,000 for acts of disclosing secrets of documents and/or data on the list
of State secrets in the banking service, which are classified as "strictly
confidential".
Section 9. ADMINISTRATIVE
VIOLATIONS BY INFRINGING UPON CREDIT INSTITUTIONS’ RIGHT TO BUSINESS AUTONOMY,
OBSTRUCTING THE INSPECTION AND EXAMINATION, FAILING TO COMPLY WITH REQUESTS OF
BANKS’ INSPECTORS, BEING ENGAGED IN UNLAWFUL COMPETITION
Article 36.- Acts of
infringing upon the relations and business autonomy rights of credit
institutions and other organizations engaged in banking activities
Warning shall be imposed on one of the following
acts:
1. Compelling credit institutions to provide
credits or contribute capital, buy shares or conduct foreign exchange activities
in contravention of regulations;
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Article 37.- Acts of
obstructing the inspection, examination or failing to comply with requests of
banks inspectors
1. Warning shall be imposed on one of the
following acts:
a) Delaying, shirking or failing to supply
documents, materials, vouchers and/or data at the requests of the inspectorate,
inspection teams or employing tricks to cope with inspectors performing their
duties;
b) Hiding and/or modifying vouchers and/or
books, or replacing material evidences while being under inspection;
c) Dismantling, removing without permission or
committing other acts of altering the current sealing status of warehouses,
treasury, safes, gems, books, accounting vouchers, credit dossiers, guarantee
dossiers or material evidences being sealed or under custody.
2. A fine of between over 500,000 and 2,000,000
VND for one of the following acts:
a) Failing to abide by the handling decisions of
banks� inspectorate;
b) Intervening in the handling by the banks�
inspectorate.
Article 38.-
Sanctioning acts of unlawful competition
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Chapter IV
SETTLING COMPLAINTS,
DENUNCIATIONS AND HANDLING VIOLATIONS COMMITTED BY PERSONS COMPETENT TO
SANCTION ADMINISTRATIVE VIOLATIONS IN THE MONETARY FIELD AND BANKING OPERATION
Article 39.- Settling
complaints and/or lawsuits about decisions to sanction administrative
violations and denunciations against unlawful acts of persons competent to
sanction administrative violations
1. The lodging of complaints and constitution of
lawsuits and the settlement of complaints and lawsuits about decisions to
sanction administrative violations in the monetary field and banking operations
shall comply with the provisions in Article 128 of the Law on Credit
Institutions, the Law on Complaints and Denunciations and other law provisions.
2. The denunciation and settlement of
denunciations about unlawful acts of persons competent to sanction
administrative violations in the monetary field and banking operations shall
comply with the provisions in Article 90 of the Ordinance on Handling
Administrative Violations and other law provisions.
Article 40.- Handling
violations committed by persons competent to sanction administrative violations
in the monetary field and banking operations
Persons competent to sanction administrative
violations in the monetary field and banking operations, who commit acts of
tolerating or covering up violating organizations or individuals, failing to
sanction or sanction violations in contravention of law provisions, sanctioning
beyond their prescribed jurisdiction, shall, depending on the nature and
seriousness of their violations, be administratively disciplined or examined
for penal liability; if causing material losses, they must make compensation
therefor according to law.
Chapter V
IMPLEMENTATION PROVISIONS
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Article 42.- The
Vietnam State Bank Governor shall have to guide the implementation of this
Decree.
Article 43.- The
ministers, the heads of ministerial-level agencies, the heads of agencies
attached to the Government, the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai