THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
88/2019/ND-CP
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Hanoi,
November 14, 2019
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN MONETARY AND
BANKING SECTOR
Pursuant to the Law on
Organization of the Government dated June 19, 2015;
Pursuant to the Law on Penalties
for administrative violations dated June 20, 2012;
Pursuant to the Law on State
Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit
Institutions dated June 16, 2010, and the Law on amendments to the Law on
Credit Institutions dated November 20, 2017;
Pursuant to the Law on deposit
insurance dated June 18, 2012;
Pursuant to the Law on
anti-money laundering dated June 18, 2012;
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Pursuant to the Law on
negotiable instruments dated November 29, 2005;
Pursuant to the Ordinance on
foreign exchange dated December 13, 2005 and the Ordinance on amendments to the
Ordinance on foreign exchange dated March 18, 2013;
At the request of the Governor
of the State Bank of Vietnam (“SBV”);
The Government promulgates a
Decree providing for penalties for administrative violations in monetary and
banking sector.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
1. This Decree deals with
violations, penalties, fines, remedial measures, and the power to impose
penalties and to make records of administrative violations in monetary and
banking sector.
2. Administrative violations in
monetary and banking sector include:
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b) Violations against regulations
on organization and management;
c) Violations against regulations
on shares and stakes;
d) Violations against regulations
on capital mobilization and service charges;
dd) Violations against regulations
on credit extension, offer and acceptance of trusteeship, and interbank
operations;
e) Violations against regulations
on provision of credit information services;
g) Violations against regulations
on foreign exchange operations and gold trading;
h) Violations against regulations
on payment, cash and vault management;
i) Violations against regulations
on purchase and investment in fixed assets and trading in real estate by credit
institutions and FBBs;
k) Violations against regulations
on guarantee of safe operation of credit institutions and FBBs;
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m) Violations against regulations
on anti-money laundering and combating the financing of terrorism;
n) Violations against regulations
on information provision and reporting;
o) Obstruction of investigation and
failure to comply with requests of competent officials;
p) Violations against regulations
on sale, purchase and settlement of debts;
q) Violations against regulations
on information system security in banking operations.
Article 2.
Regulated entities
1. This Decree applies to any
organizations or individuals that commit administrative violations in the
monetary and banking sector.
2. The organizations mentioned in
Clause 1 of this Article include:
a) Credit institutions and their
affiliates (including domestic branches, transaction offices, representative
offices and administrative units, overseas branches and representative offices,
and their wholly owned banks in foreign countries), FBBs, representative
offices of foreign credit institutions and other foreign organizations
performing banking operations;
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c) Co-operatives, cooperative
unions, and their affiliates (including branches and representative offices);
d) Other organizations duly
established and operating in Vietnam.
Article 3.
Penalties, fines, power to impose penalties and remedial measures
1. Primary penalties:
a) Warnings;
b) Fines.
2. Additional penalties:
a) Suspension of licenses for a
fixed period. To be specific: the certificate of registration of currency
exchange agent shall be suspended for 01 – 03 months; the license for foreign
currency receipt and payment and other foreign currency transactions in the
business of providing prize-winning electronic games for foreigners and in the
casino business shall be suspended for 03 – 06 months; the license for an
individual currency exchange counter shall be suspended for 01 - 06 months; the
license for gold bullion trading shall be suspended for 06 – 09 months;
b) Suspension of foreign exchange
operations for 03 – 06 months, or trusteeship operations for 01 – 03 months, or
debt sale and purchase for 03 – 06 months, or provision of credit information
services for 01 – 03 months, or the use of information technology services
rendered by a third party for 01 – 03 months;
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3. Fines and power to impose fines:
a) The maximum fine for an
administrative violation in the monetary and banking sector imposed on an
organization is VND 2.000.000.000 and that imposed on an individual is VND 1.000.000.000;
b) The fine for every
administrative violation prescribed in Chapter II hereof is imposed on an
individual. The fine imposed on an organization is twice as much as the one
imposed on an individual for the same administrative violation;
c) The fine imposed for an
administrative violation committed by a person working at a people’s credit
fund or a microfinance institution shall be 10% of the corresponding fine
prescribed in Chapter II hereof; The fine imposed on the people’s credit fund
or the microfinance institution or their affiliate shall be twice as much as
the fine imposed on the person working there;
d) The fines imposed by each
competent person prescribed in Chapter III hereof are incurred by individuals.
The fines each competent person may impose upon organizations are twice as much
as the fines incurred by individuals.
4. Remedial measures:
Depending on the nature and
severity of each administrative violation in the monetary and banking sector,
the violating entity may be liable to one or some of the following remedial
measures as prescribed in Chapter II hereof:
a) Enforced transfer of profits
illegally obtained from the administrative violation to state budget; enforced
debt recovery; enforced recovery of improperly used funds; enforced recovery of
the amount of credit extended beyond the credit extension limits;
b) Enforced divestment of a
subsidiary or associate company; enforced sale of shares exceeding the
prescribed limits; enforced transfer of shares/stakes; enforced retrieval of
transferred shares;
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d) Enforced return/recovery of
trust assets for trustors; enforced reimbursement of collected insurance
premiums, and recovery of delivered insurance payouts; enforced reversal of the
sale of debts;
dd) Enforced correction of false
information; enforced submission of adequate and accurate reports; enforced
full payment of insurance premiums;
e) Enforced sealing and punching of
counterfeit money;
g) Enforced destruction of the
exhibits and instrumentalities used for committing administrative violations;
h) Enforced maintenance of
prescribed ratios of the value of fixed assets directly used to serve
operations to sum of the charter capital or assigned capital and the fund for
charter capital increase or the fund for assigned capital increase in
accordance with regulations;
i) Enforced posting of the copy of
certificate of deposit insurance; enforced completion of procedures for
approval for listing of shares on a foreign securities market or suspension of
the listing of shares on a foreign securities market;
k) Prohibition of expansion of
operating scope, scale and regions until remedial measures agaisnt
the violation have been successfully implemented;
l) Suspension of division of
dividends;
m) Prohibition of conclusion of
merchant service agreements with other acquirers;
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o) Replacement or proposed
dismissal of elected or appointed persons who commit administrative violations.
Chapter II
ADMINISTRATIVE VIOLATIONS, PENALTIES AND FINES
Section 1.
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND USE OF LICENSES
Article 4.
Violations against regulations on licenses granted by SBV
1. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for the case where the name specified in
documents used by an organization during its operation is different from the
one specified in its license.
2. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for failure to meet all conditions for
commencement of operations as prescribed in Clause 2 Article 26 of the Law on
Credit Institutions.
3. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following violations:
a) Lending, leasing, trading or
transferring the license;
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4. A fine ranging from VND 150.000.000
to VND 200.000.000 shall be imposed for committing one of the following
violations:
a) Falsifying documents proving the
satisfaction of eligibility requirements enclosed with the application for the
license, if not liable to criminal prosecution, except for the case prescribed
in Clause 2 Article 18, Point a Clause 4 Article 27 hereof;
b) Conducting operations against
the license, except for the cases prescribed in Clause 6 Article 17, Point o
Clause 4, Point c Clause 8 Article 23, Point c Clause 5, Clause 6 Article 24,
and Point c Clause 4 Article 27 hereof.
5. A fine ranging from VND 300.000.000
to VND 400.000.000 shall be imposed for continuing operations after a competent
authority has issued a decision on restriction, suspension or termination of
operations according to Point c Clause 2 Article 59 of the Law on the State
Bank of Vietnam.
6. A fine ranging from VND 400.000.000
to VND 500.000.000 shall be imposed for conducting operations without a
license, except for the cases prescribed in Point c Clause 8 Article 23, Clause
8 Article 24, Clause 5 Article 27 hereof.
7. Additional penalties:
The exhibit which is the license
with erased or altered contents shall be confiscated if the violation
prescribed in Point b Clause 3 of this Article is committed.
8. Remedial measures:
a) Enforced transfer of benefits
illegally obtained from the administrative violation prescribed in Clause 3, 4,
5 or 6 this Article to state budget;
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c) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Clause 3, 4, 5 or 6 of this
Article is committed;
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Article 5.
Violations against regulations on changes requiring written approval from SBV
1. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for conducting banking operations without the
written approval from SBV.
2. A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for failure to obtain written approval from
SBV when:
a) changing name of a credit
institution or FBB;
b) suspending business for 05
business days or more, except for the business suspension due to force majeure
events; or
c) establishing a domestic branch
or transaction office; establishing a domestic representative office or
administrative unit; establishing an overseas representative office or bank wholly
owned by the credit institution; or commencing operations of a domestic branch
or transaction office.
3. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for failure to obtain the written approval
from SBV when trading or transferring the stake of the owner or a
capital-contributing member, trading or transferring shares of a majority
shareholder, or carrying out the trading or transfer of shares which turns a
majority shareholder into a minority shareholder and vice versa.
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5. A fine ranging from VND 200.000.000
to VND 250.000.000 shall be imposed for failure to obtain the written approval
from SBV when:
a) relocating the headquarters or
branch of a credit institution, or relocating the FBB; or
b) listing shares on a foreign
securities market.
6. A fine ranging from VND 250.000.000
to VND 300.000.000 shall be imposed for failure to obtain the written approval
from SBV when:
a) establishing or acquiring a
subsidiary or associate company as prescribed in Clause 2, Clause 3 Article 103
and Clause 3 Article 110 of the Law on Credit Institutions;
b) making capital contribution,
buying shares, transferring or purchasing stake of a credit institution
according to Article 71, Point b Clause 4 Article 103 of the Law on Credit
Institutions;
c) participating in the
international payment system; or
d) carrying out the repurchase of
shares resulting in reduction of charter capital as prescribed in Article 57 of
the Law on Credit Institutions.
7. A fine ranging from VND 400.000.000
to VND 500.000.000 shall be imposed for failure to obtain the written approval
from a competent authority when carrying out full or partial division,
consolidation, merger or conversion of a credit institution or FBB.
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a) Suspension of division of
dividends until the initial charter capital is met if the violation prescribed
in Point d Clause 6 of this Article is committed.
b) Enforced divestment of the
subsidiary or associate company if the violation prescribed in Point a or b
Clause 6 of this Article is committed;
c) Enforced obtainment of an
approval for listing of shares on the foreign securities market within a
maximum duration of 01 - 03 months or enforced suspension of such listing of
shares on the foreign securities market if the violation prescribed in Point b
Clause 5 of this Article is committed;
d) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit institution
or FBB if the violation prescribed in Clause 3 or 5, or Point b or d Clause 6
of this Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON ORGANIZATION AND MANAGEMENT
Article 6.
Violations against regulations on organization and management
1. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
a) committing violations against
regulations on Board of Directors, Board of Members or Board of Controllers as
prescribed in Article 43, Article 44, Article 62, Clause 1 Article 70, Article
81 and Article 84 of the Law on Credit Institutions;
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c) failing to convene or convening
General Meeting of Shareholders or General Meeting of Members against
regulations.
2. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for electing or appointing persons who are
not allowed to concurrently hold more than one position as prescribed in
Article 34 and Clause 3 Article 83 of the Law on Credit Institutions.
3. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) electing or appointing persons
who are prohibited from holding positions as prescribed in Clauses 2, 3 Article
33 of the Law on Credit Institutions; or
b) electing or appointing
unqualified persons to hold the positions prescribed in Clause 5 Article 50 or
Clause 2 Article 75 of the Law on Credit Institutions.
4. A fine ranging from VND 150.000.000
to VND 200.000.000 shall be imposed for electing or appointing unqualified
persons to hold the positions prescribed in Clauses 1, 2, 3 and 4 Article 50 of
the Law on Credit Institutions.
5. A fine ranging from VND 200.000.000
to VND 250.000.000 shall be imposed for committing one of the following
violations:
a) electing or appointing persons
who are prohibited from holding positions as prescribed in Clause 1 Article 33
of the Law on Credit Institutions; or
b) electing or appointing persons
whose names are not specified in the list of planned personnel approved by SBV.
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Replacement or proposed dismissal
of elected or appointed persons if the violation prescribed in Clause 2, 3, 4
or 5 of this Article is committed.
Article 7.
Violations against regulations on promulgation of charter/internal rules
1. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
a) failing to submit one or more of
documents indicating internal rules to SBV as prescribed by law, except for the
case prescribed in Article 40 hereof;
b) failing to submit the charter or
amended charter of the credit institution to SBV as prescribed in Clause 3
Article 31 of the Law on Credit Institutions;
c) failing to promulgate sufficient
internal rules in accordance with law regulations.
2. A fine ranging from VND 40.000.000
to VND 80.000.000 shall be imposed for committing one of the following violations:
a) failing to promulgate one or
some of internal rules as prescribed by law;
b) promulgating internal rules
inconsistently with law regulations.
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Enforced invalidation of internal
rules that are not consistent with law regulations if the violation prescribed
in Point b Clause 2 of this Article.
Article 8.
Violations against regulations on internal control system and independent audit
1. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for failing to submit reports on internal or
independent audit results or reports on internal control system as prescribed
by law.
2. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) failing to select independent
audit organization as prescribed in Clause 1 Article 42 of the Law on Credit
Institutions;
b) failing to notify the SBV of the
selected independent audit organization within 30 days as prescribed in Clause
2 Article 42 of the Law on Credit Institutions.
3. A fine ranging from VND 80.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) The internal audit department
fails to fulfill its duties defined in Clause 2 Article 41 of the Law on Credit
Institutions and relevant laws;
b) Failing to carry out the
independent audit as prescribed in Clause 1 Article 42 of the Law on Credit
Institutions and relevant laws or failing to re-carry out the independent audit
in case the audit report contains qualified opinions given by the independent
audit organization as prescribed in Clause 3 Article 42 of the Law on Credit
Institutions and relevant laws;
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4. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for failing to establish an internal audit
department affiliated to the Board of Controllers.
5. A fine ranging from VND 200.000.000
to VND 250.000.000 shall be imposed for failing to build an internal control
system as prescribed in Clause 1 and Clause 2 Article 40 of the Law on Credit
Institutions.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON SHARES AND STAKES
Article 9.
Violations against regulations on shares, limit on capital contribution,
transfer and return of stakes
1. A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) failing to issue physical share
certificates within 30 days from the date of commencement of operations of a
new credit institution or within 30 days from the date on which the shareholder
makes full payment for shares to be purchased as promised in case a credit
institution increases its charter capital;
b) failing to meet the requirement
on the percentage and duration for holding shares by founding shareholders as
prescribed in Clause 5 Article 55 of the Law on Credit Institutions;
c) committing violations against
law regulations on limit on capital contribution, capital contribution
percentage, transfer and return of stakes to capital-contributing members.
2. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
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b) carrying out the repurchase of
shares from shareholders resulting in failure to achieve the prudential ratios
for banks as prescribed in Clause 1 Article 130 of the Law on Credit
Institutions;
c) transferring shares
inconsistently with Clause 4 Article 56 of the Law on Credit Institutions.
3. Remedial measures:
a) Enforced completion of the sale
of shares exceeding the prescribed limits within a maximum duration of 06
months from the effective date of the decision on administrative penalty
imposition if the violation prescribed in Point a Clause 2 of this Article is
committed;
b) Enforced maintenance of
prudential ratios within a maximum duration of 06 months if the violation
prescribed in Point b Clause 2 of this Article is committed;
c) Suspension of division of
dividends until remedial measures against the violation have been successfully
implemented if the violation prescribed in Clause 2 of this Article is
committed;
d) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Clause 2 of this Article is
committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB;
dd) Enforced adherence to law
regulations on transfer of shares if the violation prescribed in Point c Clause
2 of this Article is committed.
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1. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for making capital contribution or
purchasing shares with funds other than the charter capital and reserve fund,
which is inconsistent with Clause 1 Article 103 and Clause 1 Article 110 of the
Law on Credit Institutions.
2. A fine ranging from VND 150.000.000
to VND 200.000.000 shall be imposed for failing to establish or acquire a
subsidiary or associate company when conducting business operations prescribed
in Clause 2 Article 103 of the Law on Credit Institutions.
3. A fine ranging from VND 200.000.000
to VND 250.000.000 shall be imposed for failing to comply with requirements and
limits announced by SBV when purchasing or holding shares of another credit
institution.
4. A fine ranging from VND 250.000.000
to VND 300.000.000 shall be imposed for committing one of the following
violations:
a) committing violations against
regulations on limits on capital contribution and share purchase in Article 129
of the Law on Credit Institutions;
b) committing violations against
regulations on limits on capital contribution and share purchase in Article 135
of the Law on Credit Institutions.
5. Remedial measures:
a) Enforced recovery of improperly
used funds if the violation prescribed in Clause 1 of this Article is
committed;
b) Enforced transfer of stakes or
shares acquired inconsistently with law regulations if the violation prescribed
in Clause 4 of this Article is committed;
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d) Enforced transfer of benefits
illegally obtained from the administrative violation prescribed in Clause 1, 2
or 3 of this Article to state budget;
dd) Prohibition of expansion of
operating scope, scale and regions until remedial measures against the
violation have been successfully implemented if any of the violations
prescribed in this Article is committed;
e) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Clause 1, 2, 3 or 4 of this
Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Article 11.
Violations against regulations on offering and transfer of shares
1. A fine ranging from VND 150.000.000
to VND 200.000.000 shall be imposed for transferring shares while holding a
position as prescribed in Clause 1 Article 56 of the Law on Credit
Institutions.
2. A fine ranging from VND 250.000.000
to VND 300.000.000 shall be imposed for transferring shares while implementing
remedial measures according to a resolution of the General Meeting of
Shareholders or SBV's decision due to personal responsibility of a member of
Board of Directors or Board of Controllers, or General Director (Director),
except the cases prescribed in Points a, b and c Clause 2 Article 56 of the Law
on Credit Institutions.
3. Remedial measures:
a) Enforced retrieval of shares
transferred as prescribed in this Article within a maximum duration of 06
months from the effective date of the decision on administrative penalty
imposition;
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Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Section 4.
VIOLATIONS AGAINST REGULATIONS ON CAPITAL MOBILIZATION AND SERVICE CHARGES
Article 12.
Violations against regulations on taking of deposits
1. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for committing one of the following
violations:
a) failing to publish or post
information about taking of deposits and issuance of financial instruments,
which must be published or posted as prescribed by law;
b) taking deposits or issuing
financial instruments against openly published or posted information;
c) failing to follow procedures for
taking and paying out deposits.
2. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) taking deposits from or issuing
financial instruments to entities that do not meet relevant eligibility
requirements set by law;
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Article 13.
Violations against regulations on deposit interest rates, service charges,
trading and provision of derivatives
1. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
a) failing to openly post deposit
interest rates and/or service charges as prescribed;
b) posting deposit interest rates
and/or service charges which are unclear and mislead customers;
c) collecting service charges
against law regulations, except for the cases prescribed in Point a Clause 4
Article 14, Point m Clause 4 Article 23 hereof.
2. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for applying deposit interest rates and/or
service charges higher than the posted ones.
3. A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for committing any violations against
regulations on deposit interest rates or regulations on trading and provision
of interest-rate derivatives, currency derivatives, commodity derivatives and
other derivatives, except for the cases prescribed in Clause 1 or Clause 2 of
this Article and Point a Clause 8 Article 23 hereof.
4. Remedial measures:
a) Enforced transfer of benefits
illegally obtained from the violation relating to service charges as prescribed
in this Article to state budget;
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Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Section 5.
VIOLATIONS AGAINST REGULATIONS ON CREDIT EXTENSION, OFFER AND ACCEPTANCE OF
TRUSTEESHIP, AND INTERBANK OPERATIONS
Article 14.
Violations against regulations on credit extension
1. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for committing one of the following
violations:
a) failing to comply with
regulations on retention of credit extension-related documents;
b) failing to issue guarantee
commitments according to the form designed by the credit institution or FBB; or
c) failing to publish or provide
adequate information and documents to customers as prescribed by law.
2. A fine ranging from VND 15.000.000
to VND 20.000.000 shall be imposed for failing to inspect the use of borrowed
funds and repayment by borrowers as prescribed by law.
3. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
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b) granting exemption or reduction
of interest rates on credit extensions before promulgating internal rules or
inconsistently with promulgated internal rules;
c) approving debt rescheduling or
delinquency against law regulations;
d) imposing interests on extensions
of credit against law regulations;
dd) collecting interests on
delinquent debts against law regulations; or
e) collecting overdue loan debts
against law regulations.
4. A fine ranging from VND 30.000.000
to VND 40.000.000 shall be imposed for committing one of the following
violations:
a) collecting extension of
credit-related fees against law regulations; or
b) employing disbursement methods
against law regulations, except for the case prescribed in Point g Clause 4
Article 23 hereof.
5. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
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b) extending credits to entities
ineligible for credit extension as prescribed by law;
c) extending credits without
guarantee or extending credits with preferential conditions to entities
prescribed in Clause 1 Article 127 of the Law on Credit Institutions;
d) committing any violations
against regulations on credit extension in Clause 3 Article 127 of the Law on
Credit Institutions;
dd) granting loans to meet loan
demands which must be rejected as prescribed by law;
e) signing agreements or
commitments on issuance of guarantee beyond the power prescribed by law; or
g) providing factoring for one or
some cases in which factoring is not allowed as prescribed by law.
6. A fine ranging from VND 80.000.000
to VND 120.000.000 shall be imposed for committing one of the following
violations:
a) committing violations against
regulations on limits of credit in Clauses 2, 4 Article 127, Clauses 1, 2 and 8
Article 128 of the Law on Credit Institutions;
b) extending credits in other forms
without obtaining the written approval from SBV; or
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7. A fine ranging from VND 120.000.000
to VND 180.000.000 shall be imposed for committing violations against limits on
and conditions for extension of credits for investment or trading in shares or
corporate bonds by credit institutions and FBBs.
8. A fine ranging from VND 250.000.000
to VND 300.000.000 shall be imposed for extending credits to the entities
prescribed in Clauses 1, 3, 4, 5 and 6 Article 126 of the Law on Credit
Institutions.
9. Remedial measures:
a) Enforced recovery of the amounts
of credit extended beyond the prescribed limits within a maximum duration of 06
months from the effective date of the decision on administrative penalty
imposition if the violation prescribed in Point a Clause 6, Clause 7 of this
Article is committed;
b) Enforced recovery of debts
within a maximum duration of 06 months from the effective date of the decision
on administrative penalty imposition if the violation prescribed in Points b,
dd Clause 5, Point b Clause 6, Clause 8 of this Article is committed;
c) Enforced transfer of
shares/stakes by majority shareholders or founding shareholders in accordance
with law regulations within a maximum duration of 06 months from the effective
date of the decision on administrative penalty imposition if the violation
prescribed in Points b, c, d Clause 5, Point a Clause 6 of this Article is
committed;
d) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if any of the violations prescribed in Clause 5, Point a
Clause 6, Clause 7 and Clause 8 of this Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Article 15.
Violations against regulations on offer and acceptance of trusteeship
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a) offering/accepting trusteeship
to/from ineligible trust beneficiaries or beyond the scope prescribed by law;
b) entering into trust agreements
which are made inconsistently with law regulations.
2. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for failing to comply with trust principles
when offering or accepting trusteeship.
3. Additional penalties:
Trust operations of the violating
credit institution or FBB shall be suspended for 01 – 03 months if the
violation prescribed in this Article is committed.
4. Remedial measures:
a) Enforced return/recovery of
trust assets for trustors if the violation prescribed in this Article is
committed;
b) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in this Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
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1. A fine ranging from VND 15.000.000
to VND 30.000.000 shall be imposed for failing to inspect the use of proceeds
from issuance of corporate bonds.
2. A fine ranging from VND 30.000.000
to VND 40.000.000 shall be imposed for making a corporate bond purchase
agreement which does not contain sufficient information as required by law.
3. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for purchasing corporate bonds without
entering into a bond purchase agreement as prescribed.
4. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) deciding to purchase corporate
bonds when bond purchase conditions are not met upon the appraisal of the plan
and fulfillment of requirements for bond issuance by the enterprise;
b) failing to appraise the plan and
fulfillment of requirements for bond issuance by the enterprise;
c) committing any violations
against regulations on purchase of convertible corporate bonds;
d) purchasing bonds issued by an
enterprise for the purpose of restructuring debts of that enterprise.
5. Remedial measures:
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b) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Clause 4 of this Article is
committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Article 17.
Violations against regulations on interbank operations
1. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
a) updating and keeping information
relating to lending/borrowing transactions, and buying/selling forward of
financial instruments against law regulations;
b) failing to confirm transactions as
prescribed;
c) failing to follow the prescribed
format/contents of lending agreements or agreements for repurchase of financial
instruments.
2. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
a) failing to comply with
regulations on terms of lending, borrowing, making/taking deposits and
buying/selling forward of financial instruments;
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c) failing to comply with
procedures for buying/selling of financial instruments as prescribed;
d) lending, borrowing, making or
taking deposits beyond the authorized scope.
3. A fine ranging from VND 30.000.000
to VND 40.000.000 shall be imposed for conducting lending/borrowing
transactions outside the office of a FBB in Vietnam.
4. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) failing to comply with general
rules for conducting lending/borrowing transactions; buying/selling forward of
financial instruments between credit institutions/FBBs; making deposits at
other credit institutions inconsistently with law regulations;
b) failing to carry out
re-assessment of customers for re-determine credit limit for each customer as
prescribed by law;
c) failing to comply with
regulations on provision of information for borrowers to serve their
re-assessment of customers and determination of transaction limits.
5. A fine ranging from VND 80.000.000
to VND 120.000.000 shall be imposed for buying/selling forward of financial
instruments which are banned from trading.
6. A fine ranging from VND 150.000.000
to VND 200.000.000 shall be imposed for lending, borrowing or trading foreign-currency
financial instruments beyond the scope of foreign exchange operations licensed
by SBV.
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Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Clause 5 or Clause 6 of this
Article is committed.
Proposed dismissal and implementation
of other appropriate measures against violating entities within the competence
of a credit institution or FBB.
Section 6.
VIOLATIONS AGAINST REGULATIONS ON PROVISION OF CREDIT INFORMATION SERVICES
Article 18.
Violations against principles and conditions for provision of credit
information services
1. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for committing one of the following
violations:
a) failing to maintain the
fulfillment of all eligibility requirements for the Certificate of eligibility
to provide credit information services;
b) failing to enter into agreements
or commitments on provision of credit information services according to the
form prescribed by law; or
c) failing to publish information
as prescribed by law.
2. A fine ranging from VND 40.000.000
to VND 60.000.000 shall be imposed for falsifying documentary evidences of
eligibility enclosed with the application for the Certificate of eligibility to
provide credit information services, if not liable to criminal prosecution.
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4. Remedial measures:
a) Enforced transfer of benefits
illegally obtained from the administrative violation prescribed in Clause 2 or
3 of this Article to state budget;
b) Proposed revocation of
Certificate of eligibility to provide credit information services if the
violation prescribed in Clause 2 or 3 of this Article is committed;
c) Enforced maintenance of the
satisfaction of eligibility requirements for the Certificate of eligibility to
provide credit information services if the violation prescribed in Point a
Clause 1 of this Article is committed.
Article 19.
Violations against regulations on credit information collection and processing
1. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for committing one of the following
violations:
a) collecting credit information
beyond the authorized scope as prescribed by law;
b) collecting credit information on
borrowers without their consent, unless such credit information is collected at
the request of a competent authority;
c) using negative information on
borrowers to create credit information products against law regulations;
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2. A fine ranging from VND 40.000.000
to VND 80.000.000 shall be imposed for intentionally falsifying credit
information.
3. A fine ranging from VND 80.000.000
to VND 100.000.000 shall be imposed for illegally collecting information
classified as state secrets.
4. Additional penalties:
a) The instrumentalities for
committing the violation prescribed in Clause 3 of this Article shall be
confiscated;
b) The provision of credit
information services shall be suspended for 01 – 03 months if the violation
prescribed in Clause 2 or 3 of this Article is committed.
5. Remedial measures:
Enforced correction of false
information if the violation prescribed in Clause 2 of this Article is
committed.
Article 20.
Violations against regulations on credit information security and retention
A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for committing one of the following
violations:
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2. Failing to retain credit
information on borrowers for at least 05 years from the date on which the
provider of credit information services receives such information;
3. Failing to carry out annual
review and assessment of the conformity and compliance of internal rules with
law regulations.
Article 21.
Violations against regulations on use of credit information products/services
and sharing/provision of credit information
1. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
a) providing or duplicating credit
information products and providing them for a third party inconsistently with
law;
b) failing to provide users with
warnings about principles and scope of using credit information products.
2. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for committing one of the following
violations:
a) modifying/changing credit
information products and providing them for a third party inconsistently with
law;
b) providing or sharing credit
information or providing credit information products without the borrower’s
written consent or inconsistently with law regulations;
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d) failing to openly post the
prices of credit information products as prescribed by law.
3. Additional penalties:
The provision of credit information
services shall be suspended for 01 – 03 months if the violation prescribed in
Clause 2 of this Article is committed.
4. Remedial measures:
Enforced transfer of benefits
illegally obtained from the administrative violation prescribed in Point a
Clause 1 or Clause 2 of this Article to state budget.
Article 22.
Violations against regulations on correction of false credit information on
borrowers
A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for committing one of the following
violations:
1. Failing to give written response
to a request for correction of false information or failing to notify
information correction results as prescribed by law;
2. Failing to make correction or
cooperate in correcting false information on borrowers as prescribed by law.
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Article 23.
Violations against regulations on foreign exchange operations
1. A warning shall be issued for
committing one of the following violations:
a) selling and buying foreign
currency between individuals if the value of foreign currency sold or bought is
less than USD 1.000 (or equivalent value in another foreign currency);
b) selling or buying foreign
currency at unlicensed currency exchange entities if the value of foreign
currency sold or bought is less than USD 1.000 (or equivalent value in another
foreign currency);
c) failing to comply with law
regulations when making payment for goods or services in foreign currency with
total payment of less than USD 1.000 (or equivalent value in another foreign
currency).
2. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
a) selling and buying foreign currency
between individuals if the value of foreign currency sold or bought is from USD
1.000 to under USD 10.000 (or equivalent value in another foreign currency);
selling and buying foreign currency between individuals if the value of foreign
currency sold or bought is less than USD 1.000 to (or equivalent value in
another foreign currency) in case of any repeat or serial violation;
b) selling and buying foreign
currency at an unlicensed currency exchange entity if the value of foreign
currency sold or bought is from USD 1.000 to under USD 10.000 (or equivalent
value in another foreign currency); selling and buying foreign currency at an
unlicensed currency exchange entity if the value of foreign currency sold or
bought is less than USD 1.000 to (or equivalent value in another foreign
currency) in case of any repeat or serial violation;
c) failing to comply with law
regulations when making payment for goods or services in foreign currency with
total payment of less than USD 1.000 (or equivalent value in another foreign
currency) in case of any repeat or serial violation; failing to comply with law
regulations when making payment for goods or services in foreign currency with
total payment of from USD 1.000 to under USD 10.000 (or equivalent value in
another foreign currency).
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a) failing to post buying/selling
rates at transaction offices as prescribed by law;
b) posting buying/selling rates in
an unclear manner which causes misleading to customers;
c) failing to openly post or
publish the exchange rate between VND or foreign currency and token used in
prize-winning electronic games for foreigners or casino business; posting or
publishing the exchange rate between token and VND or foreign currency used in
prize-winning electronic games for foreigners or casino business against law
regulations;
d) failing to comply with law
regulations on registration and notification of the relevant provincial branch
of SBV in case of changes relating to a currency exchange agent;
dd) failing to comply with law
regulations on notification and application for SBV’s approval for modification
or termination of contract for provision of foreign currency receipt and
payment services;
e) failing to comply with law
regulations on application for SBV's approval for modification of the license
for foreign currency receipt and payment and other foreign currency
transactions in case of change of the name of the provider of prize-winning
electronic games for foreigners, or the casino enterprise, or the entity
opening an offshore foreign-currency account;
g) failing to comply with law
regulations on administrative procedures for pre-investment transfer of foreign
currency abroad; registration or registration of changes in foreign loans or
international bond issues; registration or registration of changes in offshore
loans and collection of guaranteed debts for non-residents; registration or
registration of changes in foreign exchange transactions in respect of outward
investment; registration of program for issuance of bonus shares abroad;
registration of proprietary trading limit; registration of temporary
proprietary trading limit; registration of trust limit; registration of
temporary trust limit and other administrative procedures for other funding
transactions; administrative procedures for other cases of outward portfolio
investment;
h) selling and buying foreign
currency between individuals if the value of foreign currency sold or bought is
from USD 10.000 to under USD 100.000 (or equivalent value in another foreign
currency);
i) selling or buying foreign
currency at an unlicensed currency exchange entity if the value of foreign
currency sold or bought is from USD 10.000 to under USD 100.000 (or equivalent
value in another foreign currency);
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l) failing to comply with
buying/selling rates announced by SBV, except for the cases prescribed in Point
dd and Point m Clause 4 of this Article; collecting foreign currency
transaction fees against law regulations.
4. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) entering into a currency
exchange agent contract with an ineligible entity; failing to provide
instructions for or inspect the currency exchange agent as prescribed by law;
b) failing to fulfill
responsibilities of a currency exchange agent as prescribed by law;
concurrently acting as a currency exchange agent for two or more credit
institutions;
c) making payment for negotiable
instruments in foreign currency against regulations on foreign exchange
operations in Article 9 of the Law on negotiable instruments and relevant laws;
d) failing to comply with law
regulations on opening, closing and use of accounts in Vietnam for conducting
one of the following operations: Foreign investments in Vietnam; Vietnam's
outward investments; foreign borrowing and foreign debt repayment; offshore
lending and recovery of offshore debts, overseas issuance of securities by
institutional residents; issuance of securities in Vietnam by institutional
non-residents and other funding transactions;
dd) making the actual buying,
selling or exchange rate exceed the prescribed exchange rate margin by means of
setting exchange rates, commissions or brokerage fees in cash or in kinds and
other promotions for buying/selling foreign currency in any forms;
e) concurrently acting as a foreign
currency paying agent for two or more business entities inconsistently with law
regulations;
g) carrying out fund withdrawal or
repayment of foreign debts; carrying out reimbursement or recovery of offshore
loans; recovering guaranteed debts for non-residents; carrying out transfer of
funds serving foreign investments in Vietnam or Vietnam’s outward investments
against law regulations;
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i) authorizing or re-authorizing a
business entity or credit institution to act as a foreign currency paying agent
against law regulations;
k) failing to comply with law
regulations on opening, closing and use of foreign currency accounts dedicated
to foreign currency receipt and payment services;
l) failing to fulfill the
responsibility of the credit institution or the business entity acting as a
foreign currency paying agent, or the business entity directly receiving and
making payments in foreign currency, to make updates to accounting records and
archive documents in accordance with law regulations;
m) failing to comply with law
regulations on service charges or exchange rates applied when providing foreign
currency receipt and payment services;
n) carrying out transaction,
quotation or determination of contract prices, or posting or publishing prices
of goods, services or land use rights, or performing other similar acts
(including converting or adjusting prices of goods or services or contract
prices) in foreign currency inconsistently with law regulations;
o) failing to comply with the License
for an individual currency exchange counter.
5. A fine ranging from VND 80.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) opening, closing or using an
offshore foreign-currency account against law regulations;
b) providing payment or money
transfer transactions relating to foreign loans, offshore loans, offshore debt
recovery, recovery of guaranteed debts for non-residents, foreign investments
in Vietnam, Vietnam’s outward investments and other funding transactions
against law regulations;
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d) failing to comply with law
regulations on opening, closing and using of foreign currency accounts
dedicated to prize-winning electronic games for foreigners and casino business;
dd) failing to transfer the foreign
currency amounts exceeding the prescribed limit of foreign currency cash on
hand into the foreign currency account opened at a licensed bank in case the
revenue in foreign currency cash earned from the provision of prize-winning
electronic games for foreigners or casino business exceeds the limit of foreign
currency cash on hand prescribed by law;
e) selling and buying foreign
currency between individuals if the value of foreign currency sold or bought is
equal to or greater than USD 100.000 (or equivalent value in another foreign
currency);
g) selling or buying foreign
currency at an unlicensed currency exchange entity if the value of foreign
currency sold or bought is equal to or greater than USD 100.000 (or equivalent
value in another foreign currency);
h) failing to comply with law
regulations when making payment for goods or services in foreign currency with
total payment of USD 100.000 or greater (or equivalent value in another foreign
currency).
6. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) extending credit or making domestic
debt repayments in foreign currency against law regulations, except for the
cases prescribed in Article 14 hereof;
b) failing to sell earned foreign
currency to credit institutions as prescribed by law, except for the case
prescribed in Point b Clause 5 of this Article.
7. A fine ranging from VND 150.000.000
to VND 200.000.000 shall be imposed for committing one of the following
violations:
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b) failing to comply with SBV’s
regulations when carrying out foreign currency transactions between credit
institutions, or between credit institutions and their customers, except for
the case prescribed in Point a Clause 8 of this Article;
c) failing to maintain foreign
currency positions as prescribed by law.
8. A fine ranging from VND 200.000.000
to VND 250.000.000 shall be imposed for committing one of the following
violations:
a) trading or providing foreign
exchange or foreign currency derivatives against law regulations;
b) exporting or importing foreign
currency or VND cash against law regulations;
c) carrying out foreign exchange
operations without a license granted by a competent authority, or with an
expired or revoked license, or against the license, except for the cases
prescribed in Points d, o Clause 4, Points a, d Clause 5 of this Article.
9. Additional penalties:
a) Foreign currency or VND cash
shall be confiscated if any of the violations prescribed in Clause 2, Points h,
i, k Clause 3, Point h Clause 4, Points e, g, h Clause 5, Point b Clause 6 of
this Article is committed;
b) The certificate of currency
exchange agent shall be suspended for 01 - 03 months if the violation
prescribed in Point b Clause 4 of this Article is committed;
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d) The license for an individual
currency exchange agent shall be suspended for 01 - 06 months if the violation
prescribed in Point o Clause 4 of this Article is committed;
dd) Foreign exchange operations of
the credit institution or FBB that commits the violation prescribed in Point c
Clause 8 of this Article shall be suspended for 03 – 06 months.
10. Remedial measures:
Proposed revocation of certificate
of currency exchange agent, license to open and use an offshore
foreign-currency account, or license for individual currency exchange counter
if the violation prescribed in Point b Clause 4 or Point a Clause 5 of this
Article is repeated.
Article 24.
Violations against regulations on gold trading
1. A warning shall be issued for
committing one of the following violations:
a) trading gold bullion with a
credit institution or enterprise that does not hold a valid license for gold
bullion trading;
b) using gold as a method of
payment.
2. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
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b) using gold as a method of
payment in case of repeated or serial violation.
3. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) failing to post gold bullion
buying and selling prices at transaction offices as prescribed by law;
b) failing to fulfill
responsibility of the credit institution or enterprise engaging in gold bullion
trading in case of changes to its branches or business locations as prescribed
by law.
4. A fine ranging from VND 80.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) trading in gold bullion against
law regulations, except for the case prescribed in Point a Clause 8 of this
Article;
b) carrying gold when exiting or
entering Vietnam against law regulations, except for administrative violations
in customs sector.
5. A fine ranging from VND 140.000.000
to VND 180.000.000 shall be imposed for committing one of the following
violations:
a) trading gold bullion through
authorized agents;
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c) importing or exporting gold
jewelry or goldsmiths’ wares; gold materials in the form of powder, solution,
solder or salt, and semi-finished gold jewelry products which are different
from registered business lines as prescribed by law.
6. A fine ranging from VND 200.000.000
to VND 250.000.000 shall be imposed for using imported gold materials against
the license to import gold materials for production of gold jewelry and
goldsmiths’ wares.
7. A fine ranging from VND 250.000.000
to VND 300.000.000 shall be imposed for producing gold bullion against law
regulations.
8. A fine ranging from VND 300.000.000
to VND 400.000.000 shall be imposed for committing one of the following
violations:
a) trading gold bullion without
obtaining a license for gold bullion trading as prescribed;
b) importing or exporting gold
materials without obtaining a license from a competent authority as prescribed
by law;
c) carrying out other gold trading
transactions without obtaining license from a competent authority as prescribed
by law.
9. Additional penalties:
a) Gold shall be confiscated if the
violation prescribed in Point a or c Clause 8 of this Article is committed;
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10. Remedial measures:
Proposed revocation of the license
for gold bullion trading if the violation prescribed in Point a Clause 5 of
this Article is repeated.
Section 8.
VIOLATIONS AGAINST REGULATIONS ON PAYMENT, CASH AND TREASURY MANAGEMENT
Article 25.
Violations against regulations on interbank payment
1. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
a) failing to comply with
regulations on organization of clearing houses, clearing payments, and
interbank payments;
b) failing to return false payment
documents within the business day, except for force majeure events;
c) transferring money to
beneficiaries’ accounts after prescribed time-limits;
d) failing to provide
deposit-related documents within the prescribed time limit.
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a) failing to immediately return
the Credit order when it is legally rejected; rejecting a Debit order with
lawful authorization;
b) assigning an unauthorized person
to create and send transaction orders through a clearing house or interbank
payment system.
3. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) obstructing the operation of a
clearing house or interbank payment system;
b) intentionally or accidentally
revealing any confidential information relating to the interbank payment
system.
Article 26.
Violations against regulations on payments
1. A fine ranging from VND 3.000.000
to VND 5.000.000 shall be imposed for making erasures or alterations on payment
instruments or payment documents against law regulations, if not liable to
criminal prosecution.
2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for committing one of the following
violations:
a) receiving and processing
customers’ requests for information check or complaints against law
regulations;
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3. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for committing one of the following
violations:
a) failing to comply with law
regulations on time limits for making payments or money remittance, except for
payments made between credit institutions and SBV;
b) committing any violations
against regulations on announcement or posting of schedules of payment service
charges and card service charges.
4. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
a) failing to provide authentic and
accurate information while rending payment services;
b) signing payment orders ultra
vires or using electronic signatures of others;
c) opening, using or granting
authorization to use checking accounts against law regulations while using
payment services.
5. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) lending from 01 to under 10
checking accounts with or without charges;
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6. A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) opening checking accounts for
customers or allowing them to use checking accounts against law regulations
while providing payment services;
b) lending 10 checking accounts or
more with or without charges;
c) forging payment instruments or
keeping, transferring or using forged payment instruments, if not liable to
criminal prosecution;
d) issuing, providing or using
illegal payment instruments, if not liable to criminal prosecution.
7. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) infiltrating or attempting to
infiltrate or steal data, destroying or making illegal changes to software
programs or database used in payment system; taking advantage of computer
network errors for profiteering purposes, if not liable to criminal prosecution;
b) opening or maintaining anonymous
or impersonation checking accounts;
c) using checking accounts for
conducting fraudulent transactions.
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9. Additional penalties:
The exhibits and instrumentalities
used for committing the administrative violation prescribed in Clause 1, or
Point b Clause 5 or Point c or d Clause 6 of this Article shall be confiscated.
10. Remedial measures:
a) Enforced transfer of benefits
illegally obtained from any of the administrative violations prescribed in
Clauses 1, 4, 5, 6, 7 and 8 of this Article to state budget;
b) Prohibition of expansion of
operating scope, scale and regions until remedial measures against the
violation have been successfully implemented if any of the violations
prescribed in Points a, c, d Clause 6 and Clause 8 of this Article is
committed.
Article 27.
Violations against regulations on intermediary payment services
1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for committing one of the following
violations:
a) failing to provide authentic and
accurate information while using or providing intermediary payment services;
b) receiving and processing
customers’ requests for information check or complaints against law
regulations;
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2. A fine ranging from VND 15.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
a) committing violations against
regulations on payment guarantee accounts;
b) extending credits to e-wallet
users, adding interests to an e-wallet balance or performing any acts to
increase the balance on an e-wallet compared to the amount of money deposited
to e-wallet by the customer;
c) committing any violations
against regulations on deposit or withdrawal of money into or from e-wallet
accounts;
d) failing to request customers to
open checking accounts at banks before using e-wallet services.
3. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
a) providing or revealing
information on customers kept at intermediary payment service providers against
law regulations;
b) leasing, lending or borrowing
from 01 to under 10 e-wallets or buying/selling information relating to 01 to
under 10 e-wallets.
4. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
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b) forging, erasing or altering
contents of the license to provide intermediary payment services, if not liable
to criminal prosecution; transferring, lending or leasing the license to
provide intermediary payment services; entrusting or authorizing other entities
to provided licensed intermediary payment services;
c) carrying out operations against
the license to provide intermediary payment services;
d) leasing, lending or borrowing 10
e-wallets or more, or buying/selling information relating to 10 e-wallets or
more;
dd) forging documents when
providing intermediary payment services, if not liable to criminal prosecution.
5. A fine ranging from VND 150.000.000
to VND 250.000.000 shall be imposed for providing intermediary payment services
without the license.
6. Additional penalties:
The exhibits and instrumentalities
for committing the violation prescribed in Point b or Point dd Clause 4 of this
Article shall be confiscated.
7. Remedial measures:
a) Enforced transfer of benefits
illegally obtained from any of the administrative violations prescribed in
Clause 2, Point b Clause 3, Clause 4, and Clause 5 of this Article to state
budget;
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Article 28.
Violations against regulations on bank card operations
1. A warning shall be issued for
committing one of the following violations:
a) failing to carry out inspection
and maintenance of automated teller machines (ATMs);
b) failing to update the
installation, relocation, retiming and shutdown of ATMs on the ATM management
system and official website of the payment service provider.
2. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for committing one of the following
violations:
a) failing to give notification of
the installation, relocation, retiming and shutdown of ATMs as prescribed by
law;
b) failing to ensure the
availability of ATM system as prescribed by law;
c) failing to maintain 24/7
operation of customer service department;
d) failing to monitor cash funds in
ATMs or failing to ensure that ATMs will hold enough cash to serve customers’
cash withdrawals as prescribed; failing to comply with regulations on the cash
limit per withdrawal at ATMs;
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3. A fine ranging from VND 15.000.000
to VND 20.000.000 shall be imposed for failing to meet requirements on ATMs’
transaction logs as prescribed by law.
4. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for failing to adopt measures for ensuring
safe operation and confidentiality of ATMs.
5. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) committing violations against
regulations on currency of payment with cards;
b) collecting card surcharges or
practicing price discrimination against payments for goods/services with cards;
c) leasing, lending, buying or
selling cards or card information or opening cards on behalf of other persons
(except anonymous prepaid cards) if the violation involves from 01 to under 10
cards;
d) stealing or colluding with
others to steal card information if the violation involves from 01 to under 10
cards.
6. A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) leasing, lending, buying or
selling cards or card information or opening cards on behalf of other persons
(except anonymous prepaid cards) if the violation involves 10 cards or more but
is not serious to cause the violating entity face criminal prosecution;
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c) issuing cards or processing card
payment against law regulations;
d) failing to reject card payment
in case the card is used for conducting card transactions prohibited by law, or
the card is lost as informed by the cardholder, or an expired or locked card is
used.
7. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) using bank cards for conducting
fraudulent transactions;
b) carrying out clearing for card
transactions against law regulations;
c) transferring point-of-sale
terminals or QR Codes to other users; accepting card payment without entering
into a merchant service agreement; illegally using point-of-sale terminals or
QR Codes;
d) Directly
conducting, organizing or facilitating the conduct of forged or fraudulent card
transactions or fictitious transactions at merchants (no occurrence of any sale
of goods and provision of services).
8. Additional penalties:
The exhibits and instrumentalities
used for committing any of the administrative violations prescribed in Point c
Clause 5, Point a Clause 6, Points a, c and d Clause 7 of this Article shall be
confiscated.
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a) Enforced transfer of benefits
illegally obtained from any of the administrative violations prescribed in
Points c, dd Clause 5, Points a, b Clause 6 and Clause 7 of this Article to
state budget;
b) Prohibition of conclusion of
merchant service agreements with other acquirers until remedial measures
against violation have been successfully implemented if the violation
prescribed in Point b Clause 5 of this Article is committed.
Article 29.
Violations against regulations on negotiable instruments
1. A fine ranging from VND 15.000.000
to VND 20.000.000 shall be imposed for signing any negotiable instruments ultra
vires.
2. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
a) failing to fulfill acceptor's
duties as defined in Article 22 of the Law on negotiable instruments;
b) sending collection orders to
collectors against regulations in Clauses 1, 2 and 3 Article 39 of the Law on
negotiable instruments.
3. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) transferring a negotiable
instrument whose prescribed time limit for presentment has expired, which has
been not accepted or rejected for payment or lost as informed by holder as
prescribed in Clause 4 Article 15 of the Law on negotiable instruments;
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4. A fine ranging from VND 60.000.000
to VND 120.000.000 shall be imposed for committing one of the following
violations:
a) forging signatures affixed to
negotiable instruments;
b) failing to comply with
regulations on printing, delivery and management of blank cheques in Clause 2,
3 Article 64 of the Law on negotiable instruments.
5. Additional penalties:
The exhibits and instrumentalities
used for committing any of the administrative violations prescribed in Clause 4
of this Article shall be confiscated.
6. Remedial measures:
Enforced transfer of benefits
illegally obtained from any of the administrative violations prescribed in
Point b Clause 3 and Clause 4 of this Article to state budget.
Article 30.
Violations against regulations on cash and vault management
1. A warning shall be issued for
committing one of the following violations:
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b) making loss of provided specimen
cash; failing to provide specimen cash to eligible entities; failing to collect
specimen cash upon notification of suspension of circulation thereof or at the
request of a competent authority;
c) failing to open or failing to
sufficiently keep records of vault safety-related activities in accordance with
law regulations.
2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for committing one of the following
violations:
a) refusing to exchange cash unfit
for circulation for customers;
b) failing to comply with
regulations on classification, packing and delivery of precious metals and
precious stones; packing, sealing, delivery, preservation, transport and
inventory of cash, precious property and financial instruments, except the
cases prescribed in Point a Clause 3 and Points b, c, d and dd Clause 5 of this
Article.
3. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for committing one of the following
violations:
a) failing to promulgate or post internal
rules for accessing the vault and cash transaction counter; failing to
promulgate procedures for internal cash transactions and cash transactions made
with customers;
b) failing to develop vault
protection and security plans;
c) failing to promulgate internal
rules or plans for fire safety for the vault;
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4. A fine ranging from VND 15.000.000
to VND 20.000.000 shall be imposed for failing to install security equipment or
fire protection equipment for the vault as prescribed by law.
5. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for committing one of the following
violations:
a) performing cash exchange
transactions against law;
b) failing to manage cash, precious
assets and financial instruments during lunch break as prescribed by law;
c) using and managing keys of the
vault lock, its inner compartments, safe or cash boxes used in specialized
vehicles against law regulations;
d) failing to adopt written
procedures for transport and protection of assets as well as safety measures of
competent authorities when transporting cash, precious assets and financial
instruments without using specialized vehicles;
dd) failing to document conditions
and procedures for receipt and return of assets to customers, responsibility of
relevant departments to ensure asset safety while rendering asset custody
services, leasing safe deposit boxes and other cash-related services.
6. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) using a vault that does not meet
design requirements and technical standards regulated by law;
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Article 31. Violations
against regulations on protection of Vietnam’s cash
1. A warning shall be issued for
committing one of the following violations:
a) failing to promptly report a
competent authority when detecting counterfeit money of a new type;
a) failing to promptly report a
competent authority when detecting signs of storing, using and/or transporting
counterfeit money;
c) arranging or appointing persons
who are not yet trained in skills of distinguishing between the real and
counterfeit money to perform tasks of a treasury officer or cashier;
d) failing to turn over counterfeit
money to competent authorities as prescribed by law.
2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for committing one of the following
violations:
a) failing to confiscate detected
counterfeit money;
b) failing to impound money which
is suspected of being counterfeit money;
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3. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for sabotaging or destroying Vietnam's cash
against law regulations.
4. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for photocopying, printing or using design,
a part of or all images, elements or patterns on Vietnam's cash against law
regulations.
5. Additional penalties:
All exhibits and instrumentalities
used for committing any of the administrative violations prescribed in Clauses
2, 3 and 4 of this Article shall be confiscated and turned over to competent
authorities.
6. Remedial measures:
a) Enforced sealing and punching of
counterfeit money according to SBV’s regulations on handling of counterfeit
money and suspected counterfeit money if the violation prescribed in Point c
Clause 2 of this Article is committed
b) Enforced destruction of all
exhibits and instrumentalities used for committing any of the violations
prescribed in Clause 4 of this Article;
c) Enforced transfer of benefits
illegally obtained from any of the violations prescribed in Clause 4 of this
Article to state budget.
Section 9.
VIOLATIONS AGAINST REGULATIONS ON PURCHASE OF AND INVESTMENT IN FIXED ASSETS
AND TRADING IN REAL ESTATE BY CREDIT INSTITUTIONS AND FBBS
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1. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for the purchase of or investment in fixed
assets directly used to serve operations resulting in the value of such assets
exceeding 50% of the charter capital and fund for charter capital increase of a
credit institution or 50% of the assigned capital and fund for assigned capital
increase of a FBB.
2. Remedial measures:
a) Enforced maintenance of the
ratio of the value of fixed assets directly used to serve operations to sum of
the charter capital or assigned capital and fund for charter capital increase
or the fund for assigned capital increase as prescribed in Article 140 of the
Law on credit institutions for a maximum period of 06 months from the effective
date of the decision on administrative penalty imposition if the violation
prescribed in Clause 1 of this Article is committed;
b) Enforced transfer of benefits
illegally obtained from the violation prescribed in Clause 1 of this Article to
state budget.
Article 33.
Violations against regulations on real estate trading
1. A fine ranging from VND 200.000.000
to VND 250.000.000 shall be imposed for trading in real estate, except the
cases prescribed in Clauses 1, 2 and 3 Article 132 of the Law on credit
institutions.
2. Remedial measures:
Enforced transfer of benefits
illegally obtained from the violation prescribed in Clause 1 of this Article to
state budget.
Section 10.
VIOLATIONS AGAINST REGULATIONS ON GUARANTEE OF SAFE OPERATION OF CREDIT
INSTITUTIONS AND FBBS
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1. A warning shall be issued for
committing one of the following violations:
a) failing to
maintain the reserve requirements as prescribed by law;
b) failing to
comply with regulations on compulsory purchase of SBV bills.
2. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for failing to maintain reserve requirements
as prescribed by law in case of repeat or serial violation.
3. Remedial measures:
Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Clause 2 of this Article is
committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Article 35.
Violations against regulations on prudential ratios
1. A fine ranging from VND 200.000.000
to VND 220.000.000 shall be imposed for committing violations against law
regulations on one of the following prudential ratios:
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b) Loan-to-deposit ratio;
c) Ratio of investment in
Government bonds and government-guaranteed bonds.
2. A fine ranging from VND 250.000.000
to VND 300.000.000 shall be imposed for committing violations against law
regulations on solvency ratio.
3. A fine ranging from VND 300.000.000
to VND 350.000.000 shall be imposed for committing violations against law
regulations on capital adequacy ratio.
4. Remedial measures:
a) Enforced maintenance of
prudential ratios as prescribed within a maximum period of 06 months from the
effective date of the decision on administrative penalty imposition if any of
the violations prescribed in Clauses 1, 2 and 3 of this Article is committed;
b) Prohibition of expansion of
operating scope, scale and regions or addition of business lines until remedial
measures against the violation have been successfully implemented if any of the
violations prescribed in Point d Clauses 1, 2 and 3 of this Article is
committed;
c) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Clause 2 or Clause 3 of this
Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
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1. A fine ranging from VND 150.000.000
to VND 200.000.000 shall be imposed for committing one of the following
violations:
a) classifying assets and OBS items
against law regulations;
b) setting aside provisions for
losses against law regulations, unless the creation of provisions for losses
against law regulations is the consequence of the violation prescribed in Point
a Clause 1 of this Article;
c) using provisions for handling
losses against law regulations;
d) failing to have measures for
recovering debts which have been settled by using provisions.
2. Remedial measures:
a) Enforced classification of
assets and creation of provisions for losses; enforced reversal of improperly
used provisions for losses, and recording of debts settled by using provisions
for losses on the balance sheet as prescribed within a maximum duration of 01
month from the effective date of the decision on administrative penalty
imposition if any of the violations prescribed in Clause 1 of this Article is
committed;
b) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if any of the violations prescribed in Clause 1 of this
Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
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1. A fine ranging from VND 20.000.000
to VND 40.000.000 shall be imposed for setting aside or using funds against law
regulations.
2. Remedial measures:
Enforced setting aside of funds as
prescribed by law within 15 days from the effective date of the decision on
administrative penalty imposition if the violation prescribed in Clause 1 of
this Article is committed.
Section 11.
VIOLATIONS AGAINST REGULATIONS ON DEPOSIT INSURANCE
Article 38.
Violations against regulations on deposit insurance
1. A warning shall be issued for
committing one of the following violations:
a) failing to publicly post the
copy of the certificate of deposit insurance at all transaction locations that
take deposits;
b) making insufficient or late
payment of deposit insurance premiums;
c) failing to comply with the time
limit for application for certificate of deposit insurance as prescribed in
Clause 1 Article 14 of the Law on deposit insurance.
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3. A fine ranging from VND 40.000.000
to VND 60.000.000 shall be imposed for failing to make deposit insurance payout
to insured depositors within the time limit prescribed in Article 23 of the Law
on deposit insurance.
4. A fine ranging from VND 60.000.000
to VND 80.000.000 shall be imposed for committing one of the following violations:
a) offering insurance for uninsured
deposits prescribed in Article 19 of the Law on deposit insurance;
b) forging documents concerning
deposit insurance if not liable to criminal prosecution.
5. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) failing to make or making
insufficient insurance payouts;
b) obstructing, hinder or damaging
legitimate rights and benefits of deposit insurers, deposit insurance
policyholders, insured depositors and other authorities and organizations
involved in the deposit insurance;
c) abusing positions and powers to
act against regulations of the Law on deposit insurance.
6. Remedial measures:
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b) Enforced payment of insurance
premiums in full if the violation prescribed in Point b Clause 1 of this
Article is committed and payment of late payment interest that is equal to
0.05% of the unpaid premiums for each day of late payment as prescribed in
Clause 1 Article 21 of the Law on deposit insurance;
c) Enforced reimbursement of
collected insurance premiums or recovery of delivered insurance payouts if any
of the violations prescribed in Clause 4 of this Article is committed;
d) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if any of the violations prescribed in Point b Clause 4 and
Points a, c Clause 5 of this Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Section 12.
VIOLATIONS AGAINST REGULATIONS ON ANTI-MONEY LAUNDERING AND COMBATING THE
FINANCING OF TERRORISM
Article 39.
Violations against regulations on customer identification and customer
information update
1. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for failing to update customer information
as prescribed in Article 8, Article 10 of the Law on anti-money laundering and
the Law on combating the financing of terrorism.
2. A fine ranging from VND 30.000.000
to VND 40.000.000 shall be imposed for failing to ensure the confidentiality of
information and reports as prescribed in Article 29 of the Law on anti-money
laundering and the Law on combating the financing of terrorism.
Article 40.
Violations against internal regulations on anti-money laundering
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1. failing to promulgate procedures
for managing risks of transactions relating to new technologies as prescribed
in Article 15 of the Law on anti-money laundering;
2. failing to formulate regulations
on classification of customers by adopting risk-based approach as prescribed in
Clause 1 Article 12 of the Law on anti-money laundering;
3. failing to promulgate internal
regulations or applying internal regulations that lack one or some compulsory
contents prescribed in Article 20 of the Law on anti-money laundering.
Article 41.
Violations against regulations on customer identification and risk-based
customer classification
1. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for failing to adopt customer identification
methods or enhanced due diligence approach prescribed in Clauses 2, 3 and 4
Article 12 of the Law on anti-money laundering and Article 34 of the Law on
combating the financing of terrorism.
2. A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for failing to classify customers under
categories of money laundering and terrorist financing risk as prescribed by
law.
Article 42.
Violations against regulations on identification of foreign customers that are
politically exposed persons (PEPs)
A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for failing to adopt risk management system
for identifying foreign customers that are PEPs as prescribed in Clauses 2, 3
Article 13 of the Law on anti-money laundering.
Article 43.
Violations against regulations on internal audit in anti-money laundering (AML)
and review of customers and transactions, correspondent banking relationship
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2. A fine ranging from VND 40.000.000
to VND 80.000.000 shall be imposed for committing one of the following
violations:
a) failing to adopt the measures
prescribed in Article 14 of the Law on anti-money laundering when establishing
a correspondent banking relationship with a foreign bank;
b) failing to report customers and
related parties on alert lists to competent authorities as prescribed by law;
c) failing to carry out AML
internal audit as prescribed by law.
Article 44.
Violations against regulations on reporting on high-value transactions,
suspicious transactions, electronic funds transfer, money laundering for
terrorism financing purpose, and terrorism financing-related activities
1. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for failing to submit reports on schedule as
prescribed in the Law on anti-money laundering and the Law on combating the
financing of terrorism.
2. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) failing to report on high-value
transactions;
b) failing to report on suspicious
transactions;
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3. A fine ranging from VND 80.000.000
to VND 100.000.000 shall be imposed for failing to report on money laundering
activities for terrorism financing purpose as prescribed in Article 30 of the
Law on combating the financing of terrorism, failing to report on customers or
their transactions suspected of being related to terrorism financing, or
failing to report on customers on the blacklist as prescribed in the Law on
combating the financing of terrorism.
4. A fine ranging from VND 150.000.000
to VND 200.000.000 shall be imposed for failing to carry out special
supervision of unusual or complex high-value transactions or transactions made
with organizations or individuals in countries or territories on the list
announced by the Financial Action Task Force (FATF) for the anti-money
laundering purpose or the alert list prescribed in Article 16 of the Law on
anti-money laundering, or failing to regularly examine and clarify transactions
which are suspected of being related to terrorism financing.
Article 45.
Violations against regulations on transaction delay, account freezing, and
asset sealing or impoundment
1. A fine ranging from VND 40.000.000
to VND 80.000.000 shall be imposed for committing one of the following
violations:
a) failing to report on delay of
transaction of which related parties are on the blacklist or when having
reasonable grounds to suspect that the transaction is related to an offence as
prescribed in Clause 3 Article 33 of the Law on anti-money laundering;
b) failing to report on account freezing
or sealing or impoundment of assets according to a decision of a competent
authority as prescribed in Article 34 of the Law on anti-money laundering;
c) failing to immediately report on
the suspension of circulation or freezing of all money and assets related to
the terrorism financing.
2. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) failing to delay transaction
when finding that related parties of the transaction are on the blacklist or
when having reasonable grounds to suspect that the transaction is related to an
offence as prescribed in Clause 1 Article 33 of the Law on anti-money
laundering;
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c) failing to immediately suspend
the circulation or freeze all money and assets related to the terrorism
financing.
Article 46.
Violations against regulations on prohibited acts in anti-money laundering and
combating the financing of terrorism
1. A fine ranging from VND 30.000.000
to VND 60.000.000 shall be imposed for obstructing the provision of information
serving the performance of anti-money laundering and combating the financing of
terrorism tasks.
2. A fine ranging from VND 100.000.000
to VND 150.000.000 shall be imposed for committing one of the following
violations:
a) creating or maintaining
anonymous accounts or accounts with fake names;
b) illegally providing services of
receipt of cash, cheques, other monetary instruments or stores of value and
making payments to beneficiaries at another location.
3. A fine ranging from VND 200.000.000
to VND 250.000.000 shall be imposed for committing one of the following
violations:
a) organizing or facilitating money
laundering activities if not liable to criminal prosecution;
b) establishing and maintaining
business relationship with a bank that is established in a country or territory
but neither exists in that country or territory nor bears the management or
supervision of any competent authority;
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d) misusing the suspension, freezing,
sealing, impoundment or handling of money and assets related to terrorism
financing for harming the State interests or legitimate rights and benefits of
regulatory authorities, organizations and/or individuals.
4. Remedial measures:
Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if any of the violations prescribed in Clause 2 and Clause 3
of this Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Section 13.
VIOLATIONS AGAINST REGULATIONS ON INFORMATION PROVISION AND REPORTING
Article 47.
Violations against regulations on reporting, and information management and
provision
1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for committing one of the following
violations:
a) failing to meet deadlines and
documentation requirements for statistical reports covering a period of less
than 01 month if the violation is recommitted within a fiscal year;
b) failing to submit required
reports within the time limits prescribed by law, except the cases prescribed
in Point a of this Clause, Points a, c Clause 5 of this Clause and Clause 1
Article 44 hereof;
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d) submitting a report containing
inaccurate figures if the violation is recommitted within a fiscal year, except
the case prescribed in Point b Clause 5 of this Article.
2. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for failing to submit all required reports
or submitting a report which does not contain sufficient contents as prescribed
by law, except the cases prescribed in Clauses 2, 3 Article 44, Clause 1
Article 45 hereof.
3. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
a) failing to carry out
registration of changes with competent authorities as prescribed in Point b
Clause 4 Article 29 of the Law on Credit Institutions;
b) failing to publish the changes
prescribed in Points a, b, c and d Clause 1 Article 29 of the Law on Credit
Institutions on SBV’s means of mass media and 03 consecutive issues of a daily
printed newspaper or an online newspaper of Vietnam within 07 business days
from the date on which the SBV gives approval for such changes.
4. A fine ranging from VND 30.000.000
to VND 40.000.000 shall be imposed for committing one of the following
violations:
a) reporting in a dishonest manner;
b) providing information about
operations of the SBV, credit institutions or FBBs or information about their
customers against law regulations;
c) failing to provide information
and/or documents as prescribed by law;
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5. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) failing to send reports on
credit information to the SBV within the prescribed time limit;
b) sending reports on credit
information which contain inaccurate or insufficient information or do not meet
technical requirements or failing to submit such reports on a timely manner to
the SBV;
c) failing to submit reports on
credit information to the SBV in accordance with SBV’s regulations on credit
information services;
d) failing to submit statistical
reports on inbound/outbound money transfer serving international payments as
prescribed by law.
6. A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) failing to immediately report on
insolvency risk to competent authorities;
b) failing to provide information
at the request of the SBV and competent authorities as prescribed in Clause 4
Article 18 of the Law on anti-money laundering;
7. Remedial measures:
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b) Prohibition of expansion of
operating scope, scale and regions or addition of business lines until remedial
measures against the violation have been successfully implemented if any of the
violations prescribed in Point a Clause 5, Point a Clause 7 of this Article is
committed;
c) Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Point a Clause 6 of this
Article is committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
Section 14.
OBSTRUCTION OF INVESTIGATION AND FAILURE TO COMPLY WITH REQUESTS OF COMPETENT
OFFICIALS
Article 48.
Obstruction of investigation and failure to comply with requests of competent
officials
1. A fine ranging from VND 2.000.000
to VND 3.000.000 shall be imposed for obstructing or hindering competent
officials from carrying out inspections.
2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for evading the inspection by competent
officials.
3. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for refusing to provide information,
documents and/or electronic data to inspection teams or competent officials.
4. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
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b) deliberately removing or moving
or performing other acts to change the existing status of the seals on vaults,
safe, accounting books/vouchers, credit extension dossiers or other exhibits
which are sealed and impounded;
c) failing to freeze accounts or
remove freezing of accounts at the request of a competent official as
prescribed by law.
5. A fine ranging from VND 30.000.000
to VND 50.000.000 shall be imposed for committing one of the following
violations:
a) providing false documents and/or
figures;
b) making unlawful intervention in
actions taken by competent authorities and banking supervision agencies;
c) hiding or altering
documents/records or changing exhibits during the inspection period.
6. A fine ranging from VND 50.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) transferring funds or assets
abroad after they are frozen;
b) failing to deposit funds or
assets to the SBV or a credit institution at the request of the SBV after they
are frozen;
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Article 49.
Violations against regulations on obligations of entities subject to banking
inspection
1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for committing one of the following
violations:
a) failing to provide sufficient
and accurate information and/or documents in a timely manner at the request of
the SBV;
b) failing to comply with the SBV’s
risk warnings and recommendations for safe operations;
c) failing to provide reports or
explanations about the SBV’s risk warnings and recommendations for safe
operations.
2. A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for failing to comply with conclusions,
recommendations or decisions on inspection.
3. Remedial measures:
Proposed suspension of violating
entities and/or persons responsible for the violation from holding the
management or supervision position for 01 – 03 months, proposed dismissal or
prohibition from holding the management or supervision position at a credit
institution or FBB if the violation prescribed in Clause 2 of this Article is
committed.
Proposed dismissal and
implementation of other appropriate measures against violating entities within
the competence of a credit institution or FBB.
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Article 50.
Violations against regulations on debt sale and purchase by credit institutions
1. A fine ranging from VND 50.000.000
to VND 80.000.000 shall be imposed for failing to establish a debt sale and
purchase council when buying and selling debts.
2. A fine ranging from VND 80.000.000
to VND 100.000.000 shall be imposed for committing one of the following
violations:
a) selling a debt which is used as
a guarantee for other civil obligations, unless the obligee gives a written
consent to the debt sale;
b) the debt seller repurchases its
sold debts, except the case prescribed in Article 148dd of the Law on Credit
Institutions as amended in 2017.
3. Additional penalties:
The debt sale and purchase
operations shall be suspended for 03 – 06 months if the violation prescribed in
Clause 1 of this Article is committed.
4. Remedial measures:
Enforced reversal of the sale of
debts if the violation prescribed in Clause 2 of this Article is committed.
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1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for committing one of the following
violations:
a) managing purchased bad debts and
inspecting collaterals for bad debts against law regulations;
b) authorizing credit institutions
and inspecting their performance of authorized contents against law
regulations;
c) implementing measures for debt
restructuring and giving financial support to borrowers against law
regulations;
d) making capital contributions or
purchasing shares against law regulations;
dd) setting aside and using
provisions to eliminate risks to the bad debts purchased at the market value
against law regulations.
2. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for committing one of the following violations:
a) buying and selling bad debts
against law regulations;
b) settling collaterals for
purchased bad debts against law regulations.
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Section 16.
VIOLATIONS AGAINST REGULATIONS ON INFORMATION SYSTEM SECURITY IN BANKING
OPERATIONS
Article 52.
Violations against regulations on information system security in banking
operations
1. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for committing one of the following
violations:
a) failing to carry out assessment
of information technology (IT) risks and operational risks before using IT
services rendered by a third party as prescribed by law.
b) failing to carry out assessment
of security level of the information system providing online transaction
services for customers before it is put into official operation.
2. A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for committing one of the following
violations:
a) failing to disseminate or
provide updated regulations on information security to all staff members at
least once every year;
b) failing to take data backup or
insufficiently backing up data to ensure data security as prescribed by law;
c) failing to implement network
security solutions for controlling network connection as well as detecting and
preventing attacks and illegal access to information systems providing online
transaction services for customers;
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dd) failing to provide instructions
to customers on measures for ensuring security and confidentiality of
information when using banking services on the Internet;
e) failing to keep logbooks of
operations of information systems and users, errors and information security
incidents as prescribed by law.
3. Additional penalties:
The use of IT services rendered by
a third party shall be suspended for 01 – 03 months if the violation prescribed
in Point a Clause 1 of this Article is committed.
4. Remedial measures:
Enforced compliance with
regulations on information system security in banking operations.
Chapter III
POWER TO IMPOSE PENALTIES AND RECORD ADMINISTRATIVE
VIOLATIONS
Article 53.
Power to impose administrative penalties
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a) Issue warning;
b) Impose a fine up to VND 500.000;
c) Confiscate the exhibits and
instrumentalities used for committing administrative violations provided their
value does not exceed VND 500.000;
2. Chief inspectors of SBV's
provincial branches shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50.000.000;
c) Confiscate
the exhibits and instrumentalities used for committing administrative
violations provided their value does not exceed VND 50.000.000;
d) Impose
additional penalties and enforce remedial measures prescribed in Clause 2,
Clause 4 Article 3 hereof.
3. Directors of
Banking Supervision Departments shall have the power to:
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b) Impose a fine
up to VND 250.000.000;
c) Confiscate the exhibits and
instrumentalities used for committing administrative violations provided their
value does not exceed VND 250.000.000;
d) Impose additional penalties and
enforce remedial measures prescribed in Clause 2, Clause 4 Article 3 hereof.
4. Head of the Banking Supervision
Agency shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1.000.000.000;
c) Impose additional penalties and
enforce remedial measures prescribed in Clause 2, Clause 4 Article 3 hereof.
5. Heads of inspection teams
established according to decisions of the SBV’s Governor or head of the Banking
Supervision Agency shall have the power to impose administrative penalties as
prescribed in Clause 3 of this Article.
Heads of inspection teams
established according to decisions of Directors of SBV’s provincial branches,
Directors of Banking Supervision Departments or Chief Inspectors of SBV’s
provincial branches shall have the power to impose administrative penalties as
prescribed in Clause 2 of this Article.
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1. Chairpersons of People’s Committees
shall have the power to impose administrative penalties, additional penalties
and enforce remedial measures in accordance with Article 38 of the Law on
penalties for administrative violations.
2. People’s public security force
shall have the power to impose administrative penalties, additional penalties
and enforce remedial measures in accordance with Article 39 of the Law on
penalties for administrative violations.
3. Border guard force shall have
the power to impose administrative penalties, additional penalties and enforce
remedial measures in accordance with Article 40 of the Law on penalties for
administrative violations.
4. Coast guard force shall have the
power to impose administrative penalties, additional penalties and enforce
remedial measures in accordance with Article 41 of the Law on penalties for
administrative violations.
5. Market surveillance force shall
have the power to impose administrative penalties, additional penalties and
enforce remedial measures in accordance with Article 45 of the Law on penalties
for administrative violations.
6. Tourism inspection force shall
have the power to impose administrative penalties, additional penalties and
enforce remedial measures in accordance with Article 46 of the Law on penalties
for administrative violations.
7. Customs authorities shall have
the power to impose administrative penalties, additional penalties and enforce
remedial measures in accordance with Article 42 of the Law on penalties for
administrative violations.
Article 55.
Determination of power to impose penalties for administrative violations in
monetary and banking sector
1. Power to impose administrative
penalties of Chairpersons of people’s committees at all levels
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b) Chairpersons of district-level
people’s committees shall have the power to impose penalties for the
administrative violations prescribed in Clauses 1, 2, Points a, b, c, h, i, k,
l Clause 3, Points h, o and n Clause 4 Article 23 and Clauses 1, 2, 3 Article
24 hereof;
c)
Chairpersons of provincial-level people’s committees shall have the power to
impose penalties for the administrative violations prescribed in Clauses 1, 2,
Points a, b, c, h, i, k, l Clause 3, Points h, o and n Clause 4, Points c, e,
g, h Clause 5, Point c Clause 8 Article 23, Clauses 1, 2, 3, 4, Points a, c
Clause 5, Clause 6, Clause 7 and Clause 8 Article 24, Point c Clause 7 Article
28 hereof.
2. Power to impose administrative
penalties of market surveillance force:
a) Market controllers shall have
the power to impose penalties for the administrative violations prescribed in
clause 1 Article 23 and Clause 1 Article 24 hereof;
b) Heads of market surveillance
teams shall have the power to impose penalties for the administrative
violations prescribed in Clauses 1, 2 Article 23 and Clauses 1, 2 Article 24
hereof;
c) Directors of Provincial Market
Surveillance Departments and the Director of Market Surveillance Operations
Department affiliated to Vietnam Directorate of Market Surveillance shall have
the power to impose penalties for the administrative violations prescribed in
Clauses 1, 2, Points a, b, h, i, k, l Clause 3, Points n, o Clause 4 Article 23
and Clauses 1, 2, Point a Clause 3 Article 24 hereof;
d) Director General of Vietnam
Directorate of Market Surveillance shall have the power to impose penalties for
the administrative violations prescribed in Clauses 1, 2, Points a, b, h, i, k,
l Clause 3, Points n, o Clause 4, Points e, g, h Clause 5, Point c Clause 8
Article 23, Clauses 1, 2, Point a Clause 3, Point a Clause 4, Clause 6, Clause
7 and Points a, c Clause 8 Article 24 hereof.
3. Power to impose administrative
penalties of border guard force:
a) Border guard soldiers, heads of border guard stations, and leaders of border guard
soldiers shall have the power to impose penalties for the administrative
violations prescribed in Clause 1 Article 23 and Clause 1 Article 24 hereof;
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c) Commanders of provincial-level
border guard forces and commanders of border guard fleets affiliated to the
Border Guard High Command shall have the power to impose penalties for the
administrative violations prescribed in Clauses 1, 2, Points h, i, k Clause 3,
Point h Clause 4, Points e, g, h Clause 5 Article 23 and Clauses 1, 2, 4
Article 24 hereof.
4. Power to impose administrative
penalties of coast guard force:
a) Coast guard officers and
coastguard team leaders shall have the power to impose penalties for the
administrative violations prescribed in Clause 1 Article 23 and Clause 1
Article 24 hereof;
b) Coastguard squad leaders and
captains of coastguard stations shall have the power to impose penalties for
the administrative violations prescribed in Clause 1 Article 23 and Clause 1
Article 24 hereof;
c) Commanders of coastguard
platoons shall have the power to impose penalties for the administrative
violations prescribed in Clauses 1, 2 Article 23 and Clauses 1, 2 Article 24
hereof;
d) Commanders in chief of
coastguard squadrons shall have the power to impose penalties for the
administrative violations prescribed in Clauses 1, 2, Points h, i, k Clause 3
Article 23 and Clauses 1, 2 Article 24 hereof;
dd) Commanders of Regional Coast
Guards shall have the power to impose penalties for the administrative
violations prescribed in Clauses 1, 2, Points h, i, k Clause 3 Article 23 and
Clauses 1, 2 Article 24 hereof;
e) Commanders of Coastguard
Headquarters shall have the power to impose penalties for the administrative
violations prescribed in Clauses 1, 2, Points h, i, k Clause 3, Point h Clause
4, Points e, g, h Clause 5 Article 23 and Clauses 1, 2, Point a Clause 4
Article 24 hereof.
5. Persons competent to impose penalties
of people's public security force shall have the power to impose penalties for
the administrative violations prescribed in Clauses 1, 2, Points a, b, c, h, i,
k, l Clause 3, Points h, n, o Clause 4, Points c, e, g, h Clause 5, Point c
Clause 8 Article 23; Clauses 1, 2, 3, 4, Points a, c Clause 5, Clause 6, Clause
7 and Clause 8 Article 24; Point b Clause 2, Clause 5, Clause 6, Clause 7
Article 26; Point a Clause 1, Clauses 3, 4, 5 Article 27; Points c, d Clause 5,
Clause 6, Clause 7 Article 28; Article 31; Article 46; Article 48 hereof.
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a) On-duty inspectors and persons
who are assigned to conduct specialized inspections shall have the power to
impose penalties for the administrative violations specified in Clause 1
Article 23 hereof;
b) Chief inspectors of provincial
departments and heads of provincial-level inspection teams shall have the power
to impose penalties for the administrative violations prescribed in Clauses 1,
2, Points a, b, c, h, i, k, l Clause 3, Points b, n, o Clause 4 Article 23
hereof;
c) Heads of ministerial-level
inspection teams and Chief Inspectors of Ministries shall have the power to
impose penalties for the administrative violations prescribed in Clauses 1, 2,
Points a, b, c, h, i, k, l Clause 3, Points b, n, o Clause 4, Points e, g, h
Clause 5 Article 23 hereof.
7. Power to impose administrative
penalties of customs authorities:
Director General of General
Department of Customs shall have the power to impose penalties for the
administrative violations prescribed in Point b Clause 8 Article 23, Point c
Clause 5, Point b Clause 8 Article 24 hereof.
8. Power to impose administrative
penalties of Banking Supervision Agency:
Persons competent to impose penalties
of Banking Supervision Agency shall have the power to record administrative
violations, impose penalties and remedial measures against administrative
violations prescribed in Chapter II hereof within the ambit of their assigned
functions, duties and powers.
Article 56.
Power to record administrative violations
The following persons shall have
the power to record administrative violations:
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2. Persons of People’s Army or
People’s Public Security Force performing their duties at the authorities
prescribed in Article 54 hereof according to legislative documents or
administrative documents promulgated by competent authorities or officers;
pilots in command, ship captains, train masters and persons that they assign to
record violations;
3. Officials in banking sector who
are performing their duties according to legislative documents or
administrative documents promulgated by competent authorities or officers.
Chapter IV
IMPLEMENTATION
Article 57.
Effect
This Decree comes into force from
December 31, 2019 and supersedes the Government’s Decree No. 96/2014/ND-CP
dated October 17, 2014.
Article 58.
Transition
1. Administrative violations in
monetary and banking sector committed before this Decree comes into force and
discovered afterwards but before the expiration of their prescriptive periods
or currently taken into consideration shall be handled in accordance with
regulations that are advantageous to the violating entities.
2. In case there is a complaint
filed against a decision on imposition of administrative penalty in monetary
and banking sector which has been issued or implemented before this Decree
comes into force, the complaint shall be solved in accordance with the
Government’s Decree No. 96/2014/ND-CP dated October 17, 2014.
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SBV’s Governor, Ministers, heads of
ministerial-level agencies, heads of Governmental agencies, Chairpersons of the
People’s Committees of provinces and central-affiliated cities shall be
responsible for the implementation of this Decree./.
ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc