THE GOVERNMENT
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No.: 96/2014/ND-CP
|
Ha Noi, October 17, 2014
|
DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST CURRENCY
AND BANKING LEGAL REGULATIONS
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on
Penalties for administrative violations dated June 20, 2012;
Pursuant to the Law on
the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on
credit institutions dated June 16, 2010;
Pursuant to the Law on
deposit insurance dated June 18, 2012;
Pursuant to the Law on
money laundering prevention, combat dated June 18, 2012;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Pursuant to the
Ordinance on Foreign Exchange Control [referred to as “OFEC”] dated 12 December
2005, the Ordinance amending, supplementing a number of articles defined in the
OFEC dated 18 March 2013;
As proposed by the
Governor of the State bank of Vietnam;
The Government hereby
issues this Decree regulating penalties for administrative violations against currency
and banking legal regulations.
Chapter
I
GENERAL
REGULATIONS
Article
1. Governing scope
1. This Decree regulates
administrative violations, penalty measures, penalty rates, consequence
improvement measures, decentralized competence on administrative violation
penalties, competence on administrative violation notification in currency and
banking fields.
2. 2. Administrative
violations in currency and banking fields include:
a) Violations against
regulations on permit/ license management and use;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Violations against
regulations on shares, stocks;
d) Violations against
regulations on capital mobilization and service fees;
dd) Violations against
regulations on credit loaning, trusteeship, entrustment and inter-banking
activities;
e) Violations against
regulations on credit information activities;
g) Violations against
regulations on foreign exchange activities and gold trading;
h) Violations against
regulations on currency and fund management and/or payment;
i) Violations against
regulations on fixed asset purchase, investment and real estate trading;
k) Violations against
regulations on credit organization operation safety;
l) Violations against
regulations on deposit insurance;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) Violations against
regulations on information communication, reporting;
o) Violations against
regulations on inspection hindrance, inconformity against competent officers.
3. Administrative
violations related to state management in the fields of currency and banking
defined in other governmental Decrees shall suffer from penalties defined in
such Decrees.
Article
2. Governed entities
Local and international
individuals and/or organizations (hereafter referred to as “individuals,
organizations”) committing legal violations against regulations on currency and
banking shall suffer from administrative violation penalties as regulated
herein.
Article
3. Penalty measures, fines, fining competence and consequence improvement
measures
1. Major penalty
measures:
a) Warning;
b) Fining.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Revocation of
licenses, certificates issued by competent authorities on one or more than one banking
activities, services and other business activities related to currency, banking
or termed suspension of one or more than one banking activities and other
business activities licensed by the State Bank of Vietnam (hereafter referred
to as “State Bank”) which violate the regulations on currency and banking;
b) Confiscation of
exhibits and instruments serving the administrative violations.
3. Fines and fining
competence:
a) Maximum fines for
violations related to currency and banking are VND 2,000,000,000 and VND
1,000,000,000 imposed on a violating organization and a violating individual
respectively;
b) The fines defined in
Chapter II herein are applied to individuals, unless otherwise regulated that
they are applied to organizations. The fines applied to organizations double
the rates applied to individuals;
c) The fines for
performance-related violations of individuals working for people’s credit
funds, micro financial organizations are equal to 10% (ten percent) of the
rates defined in Chapter II herein; and those applied to people’s credit funds,
micro financial organizations double the rates applied to individuals working
for the mentioned funds and/or organizations;
d) The fining competence
on every title stated in Chapter III herein means the fining competence of
individuals. Fining competence applied to organizations double the competence
applied to individuals.
4. Consequence
improvement measures:
Depending on violation
nature and/or level, violating organizations and/or individuals may be applied
one or more improvement measures specified in Chapter II herein.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ADMINISTRATIVE
VIOLATIONS, PENALTY MEASURES AND FINING RATES
Section
1. VIOLATIONS AGAINST PERMIT/ LICENSE MANAGEMENT AND USE
Article
4. Violations against regulations on permits/
licenses issued by the State Bank
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to misused names in operation-related
documents, papers compared to those shown in the business permits/ licenses.
2. The fines of VND
40,000,000 – 80,000,000 shall be applied to the failure to meet the conditions
for business opening as defined in Clause 2 of Article 26 of the Law on credit
organizations.
3. The fines of VND
100,000,000 – 150,000,000 shall be applied to any of the following violations:
a) Fraudulent papers
related to eligibility for licensing found in license application document,
unless otherwise regulated in Clause 2 of Article 19 herein;
b) Permit/ license
lending, rent, purchase, sales and/or assignment;
c) Permit/ license
erasure, correction causing the content of the permit/ license to be changed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Fraudulent papers
related to eligibility for licensing found in license application document,
unless otherwise regulated in Clause 2 of Article 19 herein;
b) Actual operation does
not conform with the business scope defined in the permit/ license, unless
otherwise regulated in Clause 6 of Article 18, Clause 7 of Article 24, Point d
of Clause 4, Point b of Clause 5 of Article 25 herein.
5. The fines of VND
300,000,000 – 400,000,000 shall be applied to the operation suspended by the
competent authorities as defined in Point b of Clause 2 of Article 59 of the
Law on State Bank of Vietnam, Point a of Clause 2 of Article 148 of the Law on
credit organizations.
6. The fines of VND
400,000,000 – 500,000,000 shall be applied to non-license operation, unless
otherwise regulated in Clause 7 of Article 24, Point d of Clause 2, Point a of
Clause 4, Clause 7 of Article 25 herein.
7. The following
additional penalty measures shall be applied:
Confiscating the exhibit
which is erased, corrected permit/ license in case of violation as stated in
Point c of Clause 3 of this Article.
8. The following consequence
improvement measures shall be applied:
a) Submitting to the
state fund the illegitimate benefits obtained from the violations stated in
Points a, b of Clause 3, Clauses 4, 5 and 6 of this Article;
b) Revoking permits/
licenses by the competent authorities in case of the violations stated in Point
a of Clause 3, Clauses 4 and 5 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Related credit organizations,
foreign bank branches are requested to remove their violating individuals from
the titles they are holding and apply other disciplinary measures on them in
accordance with the related laws.
Article
5. Violations against regulations on the
changes which require written approval from the State Bank
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to the banking activities conducted
without prior confirmation from the State Bank.
2. The fines of VND
50,000,000 – 100,000,000 shall be applied to any of the following acts
conducted without prior written approval from the State Bank.
a) Change of the name of
a credit organization, branch of a foreign bank and/or a credit organization;
b) Temporary suspension
of business for over 01 working day, unless the suspension is attributed to
force majeure.
3. The fines of VND
100,000,000 – 150,000,000 shall be applied to the assignment of contributed
capital of a related contributor, share assignment of a big shareholder, share
assignment that turns the big shareholder to a common one and vice versa
without prior written approval from the State Bank.
4. The fines of VND
150,000,000 – 200,000,000 shall be applied on the amendment of registered
capital, allocated capital without prior written approval from the State Bank.
5. The fines of VND
200,000,000 – 250,000,000 shall be applied on any of the following acts once
prior written approval from the State Bank is not received.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Listing stocks on
local and international stock markets.
6. The fines of VND
250,000,000 – 300,000,000 shall be applied on any of the following acts once
prior written approval from the State Bank is not received.
a) Establishment,
acquisition of a subsidiary, affiliated company as stated in Clauses 2 and 3 of
Article 103 and Clause 3 of Article 110 of the Law on credit organizations;
b) Capitalizing, buying
shares from a commercial bank as stated in Point b of Clause 4 of Article 103
of the Law on credit organizations;
c) Involving in
international payment system;
d) Acquiring a
shareholder’s shares that the full payment for such results in decreased
registered capital as stated in Article 57 of the Law on credit organizations.
7. The fines of VND
400,000,000 – 500,000,000 shall be applied on separation, splitting,
incorporation, mergence, legal status amendment of a credit organization,
foreign bank branch without prior written approval from the competent
authorities.
8. The following
additional penalty measures shall be applied:
Suspension of stock
listing for 1 – 3 months by the competent authorities in case of the violations
defined in Point b of Clause 5 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Suspension of dividend
sharing until the registered capital is recovered in case of violations stated
in Point d of Clause 6 of this Article.
b) Compulsory divestment
of subsidiary, affiliated company in case of violations defined in Points a and
b of Clause 6 of this Article;
c) Violating individuals
and/or those responsible for the violations stated in Clauses 3 and 5, Points b
and d of Article 6 of this Article shall be considered for suspension of and/or
suspended for 1 – 3 months or removed from the administration, managerial,
inspection titles they are holding; be prevented from holding such titles at
credit organizations, foreign bank branches, by the competent authorities.
Related credit organizations,
foreign bank branches are requested to remove their violating individuals from
the titles they are holding and apply other disciplinary measures on them in
accordance with the related laws.
Section
2. VIOLATIONS AGAINST ORGANIZATION, ADMINISTRATION, MANAGEMENT
Article
6. Violations against regulations on administration,
management
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to any of the following violations:
a) Violations against
regulations on related to Management Board, Members’ Council, Inspection
Committee as defined in Articles 43, 44, 62, Clause 1 of Article 70, Article 81
of the Law on credit organizations.
b) Failure of maintaining
the eligibility related to the members of Management Board, Inspection
Committee, General Director as required by the Law on credit organizations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The fines of VND
40,000,000 – 80,000,000 shall be applied to the voting for, appointment of the
people not entitled to hold concurrent titles as regulated in Article 34 and
Clause 3 of Article 83 of the Law on credit organizations.
3. The fines of VND
100,000,000 – 150,000,000 shall be applied to any of the following violations:
a) Voting for,
appointment of the people not entitled to hold concurrent titles as regulated
in Clauses 2, 3 of Article 33 of the Law on credit organizations;
b) Voting, appointment of
ineligible people as regulated by related laws to hold the titles defined in
Clause 5 of Article 50 of the Law on credit organizations.
4. The fines of VND
150,000,000 – 200,000,000 shall be applied to the voting, appointment of
ineligible people to hold the titles defined in Clauses 1, 2, 3 and 4 of
Article 50 of the Law on credit organizations.
5. The fines of VND
200,000,000 – 250,000,000 shall be applied to the voting, appointment of the
people not entitled to hold the titles as regulated in Clause 1 of Article 33
of the Law on credit organizations.
6. The following
consequence improvement measures shall be applied:
a) Maximum 3 months since
the effective date of an administrative violation penalty decision, related
credit organization, foreign bank and/or its branch shall find other people to
replace those voted, appointed improperly as regulated in Clauses 2, 3, 4 and 5
of this Article;
b) In case related credit
organization, foreign bank branch fails to adhere to the regulation defined in
Point a of this Clause, a decision on title removal of the people voted,
appointed improperly as regulated in Clauses 2, 3, 4 and 5 of this Article
shall be issued by the competent authority.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The fines of VND
10,000,000 – 20,000,000 shall be applied to the failure of submitting to the
State Bank one or more documents related to internal regulations as defined in
Clause 3 of Article 93 of the Law on credit organizations.
2. The fines of VND
40,000,000 – 80,000,000 shall be applied to any of the following violations:
a) Failing to issue one
or some internal regulations as defined in Clause 2 of Article 93 of the Law on
credit organizations;
b) Issuing internal
regulations against the regulations defined in Clause 2 of Article 93 of the
Law on credit organizations;
c) Failing to issue one
or some internal regulations as defined in Article 20 of the Law on money
laundering prevention and combat.
3. The following
consequence improvement measures shall be applied:
Issued unconforming
internal regulations deduced from the violation as defined in Point b of Clause
2 of this Article shall be immediately cancelled.
Article
8. Violations against regulations on internal
auditing, internal inspection, independent auditing
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to the failure of reporting auditing
results.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to select an
independent auditing company as regulated in Clause 1 of Article 42 of the Law
on credit organizations;
b) Failing to notify the
State Bank on the selected independent auditing company within 30 days as
defined in Clause 2 of Article 42 of the Law on credit organizations.
3. The fines of VND 80,000,000
– 100,000,000 shall be applied to any of the following violations:
a) Internal auditing
fails to address the details defined in Clause 2 of Article 41 of the Law on
credit organizations and related legal regulations;
b) Failing to re-audit by
a second independent auditing company in case the auditing report includes
audit exceptions given by the related independent auditing company as regulated
in Clause 3 of Article 42 of the Law on credit organizations.
4. The fines of VND
100,000,000 – 150,000,000 shall be applied to the failure of establishing an
internal auditing system under the Inspection Committee.
5. The fines of VND
200,000,000 – 250,000,000 shall be applied to the failure of establishing an
internal auditing system as defined in Clause 2 of Article 40 of the Law on
credit organizations.
Section
3. VIOLATIONS AGAINST SHARES, STOCKS
Article
9. Violations against regulations on shares,
stocks
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) A credit organization
that fails to issue stocks in the form of stock certificates when they are
required to do so within 30 days since its opening day in case of newly
established organizations or since the day all payments are fully received from
its shareholders for the committed shares in case of organizations that wish to
increase the registered capital;
b) Founding shareholders
fail to buy the required minimum number of shares in terms of share percentage
and regulated buying time as defined in Clause 5 of Article 55 of the Law on
credit organizations.
2. The fines of VND
100,000,000 – 150,000,000 shall be applied to any of the following violations:
a) Share possession
exceeds the percentage regulated in Clause 1, 2 and 3 of Article 55 of the Law
on credit organizations;
b) Acquiring the shares
from a shareholder in the way that puts the activities of related banks beyond
the adequacy ratios as defined in Clause 1 of Article 130 of the Law on credit
organizations when full payment for such shares is made.
3. The following
consequence improvement measures shall be applied:
a) The shares that cause
adequacy ratios risk as per related regulations shall be compulsorily sold
within 6 months maximum since the effective date of the related administrative penalty
decision issued against the violation stated in Point a of Clause 2 of this
Article;
b) Corrective measure to
adhere to the adequacy ratios shall be carried out within 6 months maximum to
remedy the violation as stated in Point b of Clause 2 of this Article;
c) Dividend sharing shall
be suspended in case of the violations as defined in Clause 2 of this Article
until the violations are completely rectified;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Article
10. Violations against regulations on capital
contribution, share purchase
1. The fines of VND
100,000,000 – 150,000,000 shall be applied in the case other capital sources,
but the registered capital and provisional fund, are used for capital
contribution, share purchase, which is against the regulations defined in
Clause 1 of Article 103, Clause 1 of Article 110 of the Law on credit
organizations.
2. The fines of VND
150,000,000 – 200,000,000 shall be applied to the running of business operation
as defined in Clause 2 of Article 103 of the Law on credit organizations
without establishing or acquire the related subsidiary and/or affiliated
company.
3. The fines of VND
200,000,000 – 250,000,000 shall be applied to improper and ultra vires
purchases and/or possession of the shares of other credit organizations as
prescribed by the State Bank.
4. The fines of VND
250,000,000 – 300,000,000 shall be applied to any of the following violations:
a) Violations related to
the restriction on capital contribution, share purchase as defined in Article
129 of the Law on credit organizations;
b) Violations against
regulations on capital contribution, share purchase as defined in Article 135
of the Law on credit organizations.
5. The following
consequence improvement measures shall be applied:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Assigning the
improperly contributed capital, purchased shares in case of violations defined
in Clause 4 of this Article;
c) Suspending dividend
sharing in case of the violations defined in this Article until the violations
are completely rectified;
d) Restricting the
expansion of business operation scope, scale and area when the related
violation is not completely rectified in case of the violations defined in this
Article;
dd) Submitting to the
state fund the illegitimate benefits obtained from the violations stated in
Clauses 1, 2 and 3 of this Article;
e) Violating individuals
and/or those responsible for the violations stated in Clauses 1, 2, 3, 4 of
this Article shall be considered for suspension of and/or suspended for 1 – 3
months or removed from the administration, managerial, inspection titles they
are holding; be prevented from holding such titles at credit organizations,
foreign bank branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Article
11. Violations against regulations on offer
for sales and/or assignment of shares
1. The fines of VND
200,000,000 – 250,000,000 shall be applied to any of the following violations:
a) Individual
shareholders being members of the Management Board, Inspection Committee,
General Director (Director) of a credit organization who assign their shares
during their valid tenures;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The fines of VND
250,000,000 – 300,000,000 shall be applied to the assignment of shares while violation
consequences are being rectified as decided by the General Shareholders'
Committee or the State Bank by the violating individual who is a member of the
Management Board, Inspection Committee, General Director (Director), except
otherwise regulated in Points a, b and c of Clause 2 of Article 56 of the Law
on credit organizations.
3. The following
consequence improvement measures shall be applied:
a) The assigned shares
shall be recovered as prescribed in this Article within 6 months maximum since
the effective date of the related administrative penalty decision;
b) Violating individuals
and/or those responsible for the violations stated in Clauses 1, 2, 3, 4 of
this Article shall be considered for suspension of and/or suspended for 1 – 3
months or removed from the administration, managerial, inspection titles they
are holding; be prevented from holding such titles at credit organizations,
foreign bank branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Section
4. VIOLATIONS AGAINST CAPITAL MOBILIZATION AND SERVICE FEES
Article
12. Violations against regulations on deposits
1. The fines of VND
100,000,000 – 150,000,000 shall be applied to improper acceptance of deposits
made by a credit organization and/or branch of a foreign bank in accordance
with related legal regulations.
2. The fines of VND 150,000,000
– 200,000,000 shall be applied to the acceptance of deposits carried out by the
organizations and/or individuals not entitled for such acceptance.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The fines of VND 100,000,000
– 150,000,000 shall be applied to any of the following violations:
a) Improper issuance of
valued papers as stated in the written approval issued by the competent
authorities;
b) Failing to adhere to
the regulations related to the entities entitled to buy valued papers,
requirements for issuance of valued papers, conversion requirements applied to
convertible bonds.
2. The fines of VND
200,000,000 – 250,000,000 shall be applied on the issuance of valued papers in
Vietnam dong or a foreign currency to mobilize capital from local or
international organizations and/or individuals without prior written approval
from the competent authorities in accordance of related regal regulations.
3. The following
consequence improvement measures shall be applied:
Issued valued papers
shall be revoked and paid amounts based on face value of the issued valued
papers and corresponding interests as agreed shall be refunded to related
buyers in case of the violations defined in Clauses 1 and 2 of this Article.
Article
14. Violations against regulations on capital
mobilization interest and service fees
1. The fines of VND
10,000,000 – 20,000,000 shall be applied to any of the following violations:
a) Failing to post up
capital mobilization interest rates and/or service fees in accordance with
related regulations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Improper collection of
service fees as regulated by related laws unless otherwise prescribed in Point b
of Clause 4 of Article 15, Point g of Clause 2 of Article 24 herein.
2. The fines of VND
20,000,000 – 40,000,000 shall be applied to the application of higher interest
rates for capital mobilization, higher service fees than the posted rates.
3. The fines of VND
50,000,000 – 100,000,000 shall be applied to the violations against regulations
on capital mobilization interest rates; trading and/or offering derivative
products related to interest rate, currency and other financial assets, except
the violations defined in Clauses 1 and 2 of this Article and Point b of Clause
6 of Article 24 herein.
4. The following
consequence improvement measures shall be applied:
a) Submitting to the
state fund the illegitimate benefits obtained from the violations related to
service fees as defined in this Clause;
b) Violating individuals
and/or those responsible for the violations stated in Clause 3 of this Article
shall be considered for suspension of and/or suspended for 1 – 3 months or
removed from the administration, managerial, inspection titles they are
holding; be prevented from holding such titles at credit organizations, foreign
bank branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating individuals
from the titles they are holding and apply other disciplinary measures on them
in accordance with the related laws.
Section
5. VIOLATIONS AGAINST CREDIT LOANS, TRUSTEESHIP, ENTRUSTMENT AND INTER-BANKING
ACTIVITIES
Article
15. Violations against regulations on credit
loaning
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Filing the credit
loaning documents improperly as prescribed by related laws;
b) Issuing unconforming
guarantee letters following the templates designed by credit organizations,
foreign bank branches.
2. The fines of VND
15,000,000 – 20,000,000 shall be applied to the failure of inspection,
supervision of the use of loans and debt payments of the clients in accordance
with related legal regulations.
3. The fines of VND
20,000,000 – 30,000,000 shall be applied to any of the following violations:
a) Preparing the credit
loaning contracts with inadequate details as prescribed by related laws;
b) Exempting, reducing
credit loan interest rates against the related laws;
c) Re-structuring the
loan payment period against the related laws;
d) Applying improper
credit loan interest rates as prescribed by related laws.
4. The fines of VND
30,000,000 – 60,000,000 shall be applied to any of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Collecting improper
fees related to credit loaning activities as prescribed by related laws;
c) Enforcing a borrower
to deposit the loan at the loaning credit organization, foreign bank branch.
5. The fines of VND
80,000,000 – 150,000,000 shall be applied to any of the following violations:
a) Offering a credit loan
to an ineligible organization and/or individual as prescribed in the related
laws;
b) Offering a credit loan
without guarantee, offering a credit loan under preferential conditions to an
entity governed by Clause 1 of Article 127 of the Law on credit organizations;
c) Violations against
regulations on credit loaning as defined in Clause 3 of Article 127 of the Law
on credit organizations;
d) Capitalizing through
loaned clients;
dd) Entering into the
contracts on financially guaranteeing, guarantee commitment ultra vires as
prescribed by related laws.
6. The fines of VND
150,000,000 – 200,000,000 shall be applied to any of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Assigning the entitlements,
duties of a guaranteeing party, counter-guaranteeing party, party confirming a
guarantee to another credit organization, foreign bank branch;
c) Offering a credit loan
in a different way without prior approval from the State Bank.
7. The fines of VND
200,000,000 – 250,000,000 shall be applied to the violations related to the
limits and requirements for credit loaning to a commercial bank, foreign bank
branch for their investment, trading of stocks as prescribed in Clause 5 of
Article 128 of the Law on credit organizations.
8. The fines of VND
250,000,000 – 300,000,000 shall be applied to the credit loaning to the
organizations and/or individuals governed by Clauses 1, 3, 4, 5 and 6 of
Article 126 of the Law on credit organizations.
9. The following
consequence improvement measures shall be applied:
a) Credit loaning surplus
exceeding the regulated limits, restriction levels shall be confiscated within
6 months maximum since the effective date of the related administrative penalty
decision imposed on the violations stated in Point a of Clause 6, Clause 7 of
this Article;
b) The loans obtained
from the violations prescribed in Points b and d of Clause 5, Clause 8 of this
Article shall be confiscated within 6 months maximum since the effective date
of the related administrative penalty decisions;
c) A big and/or founding
shareholder who is related to the violations governed by Points a, b and c of
Clause 5, Point a of Clause 6 of this Article shall compulsorily assign their
shares, contributed capital in accordance with related legal regulations within
6 months maximum since the effective date of the related administrative penalty
decisions;
d) Violating individuals
and/or those responsible for the violations stated in Clause 5, Point a of
Clause 6, Clauses 7 and 8 of this Article shall be considered for suspension of
and/or suspended for 1 – 3 months or removed from the administration,
managerial, inspection titles they are holding; be prevented from holding such
titles at credit organizations, foreign bank branches, by the competent
authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
16. Violations against regulations on entrusteeship
and entrustment
1. The fines of VND
80,000,000 – 100,000,000 shall be applied to any of the following violations:
a) Extending trusteeship
to, entrusting ineligible entities as prescribed by related laws;
b) Establishing an
entrustment contract against the related laws.
2. The fines of VND
100,000,000 – 150,000,000 shall be applied to ineligible trusteeships,
entrustments as prescribed by related laws.
3. The following additional
penalty measures shall be applied:
Entrustment activities of
a violating credit organization, foreign bank branch shall be suspended for 1 –
3 months in case of violations as defined in this Article.
4. The following
consequence improvement measures shall be applied:
a) Entrusted asset shall
be compulsorily returned to/confiscated for the related entruster in case of
violations defined in this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Article
17. Violations against regulations on purchase
of company bonds
1. The fines of VND
15,000,000 – 30,000,000 shall be applied to supervision failure regarding the
use of collectibles from the issuance of company bonds.
2. The fines of VND
30,000,000 – 40,000,000 shall be applied to the contracts on company bond
purchases which fail to include all regulated details as required by related
laws.
3. The fines of VND
40,000,000 – 60,000,000 shall be applied to non-contractual purchase of company
bonds.
4. The fines of VND 80,000,000
– 100,000,000 shall be applied to any of the following violations:
a) Evaluating, inspecting
another company’s bond issuance plan and eligibilities to make decision on the
purchase of such bonds while the buyer him/herself is ineligible for such purchase
as prescribed by related laws;
b) Failing to evaluate,
inspect a company’s bond issuance plan and eligibilities;
c) Purchase of a
company’s convertible bonds by a foreign bank branch.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The loans obtained
from the violations prescribed in Clause 4 of this Article shall be confiscated
within 01 year maximum since the effective date of the related administrative
penalty decisions;
b) Violating individuals
and/or those responsible for the violations stated in Clause 4 of this Article
shall be considered for suspension of and/or suspended for 1 – 3 months or
removed from the administration, managerial, inspection titles they are holding;
be prevented from holding such titles at credit organizations, foreign bank
branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Article
18. Violations related to inter-banking activities
1. The fines of VND
10,000,000 – 20,000,000 shall be applied to any of the following violations:
a) Illegitimately updating
and storing the information related to loaning, borrowing; fixed-term trading
of valued papers against related legal laws;
b) Failing to acknowledge
the completed transactions as required by related regulations;
c) Establishing a loan
contract and/or purchasing a valued paper improperly in terms of template and
content as prescribed by related laws.
2. The fines of VND
20,000,000 – 30,000,000 shall be applied to any of the following violation
acts:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to make
payments for the transactions related to loaning, borrowing; depositing,
depositing acceptance; fixed-term trading of valued papers in Vietnam dong
through inter-bank e-payment system as regulated by related laws;
c) Failing to adhere to
the regulated procedure on valued paper trading.
3. The fines of VND
30,000,000 – 40,000,000 shall be applied to any of the following violations:
a) Ultra vires loaning,
borrowing, depositing, depositing acceptance carried out by a branch of a
credit organization against the written authorization issued by its head
office;
b) Performing loaning,
borrowing at locations outside the head offices of foreign bank branches in
Vietnam.
4. The fines of VND
40,000,000 – 60,000,000 shall be applied to any of the following violations:
a) Failing to adhere to
the regulations on the requirements for involving in loaning, borrowing;
fixed-term trading of valued papers with other credit organizations, foreign
bank branches;
b) Failing to review,
re-evaluate the clients as required by related regulations to re-determine the
credit lines applicable the clients;
c) Failing to adhere to
the regulations on information disclosure to the lenders for their evaluation
of the clients and determination on the credit lines.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. The fines of VND
150,000,000 – 200,000,000 shall be applied to ultra vires borrowing, loaning,
trading of valued papers in a foreign currency as prescribed with regard to the
foreign exchange activities licensed by the State Bank.
7. The following
consequence improvement measures shall be applied:
Violating individuals
and/or those responsible for the violations stated in Clauses 5 and 6 of this
Article shall be considered for suspension of and/or suspended for 1 – 3 months
or removed from the administration, managerial, inspection titles they are
holding; be prevented from holding such titles at credit organizations, foreign
bank branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating individuals
from the titles they are holding and apply other disciplinary measures on them
in accordance with the related laws.
Section
6. VIOLATIONS AGAINST CREDIT INFORMATION ACTIVITIES
Article
19. Violations against regulations on the
eligibilities for credit information activities
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to the failure of maintaining one of
the requirements for credit information activity licensing.
2. The fines of VND 40,000,000
– 60,000,000 shall be applied to the fraudulence, faking of written proofs on
eligibility for credit information activity licensing included in the license
application document.
3. The following
consequence improvement measures shall be applied:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Revoking the credit
information activity license by the competent authority in case of the
violations defined in Clause 2 of this Article.
Article
20. Violations against regulations on credit
information collection and/or processing
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to any of the following violations:
a) Ultra vires collection
of credit information as regulated by related laws;
b) Collecting credit
information from the borrowers without prior agreement from them, unless as
requested by the competent authorities.
2. The fines of VND
40,000,000 – 80,000,000 shall be applied to intentional deviation of credit
information content.
3. The fines of VND
80,000,000 – 100,000,000 shall be applied to illegitimate collection of the
information which is within the Government’s confidentiality protection scope
and/or included in the lists of confidential information.
4. The following
additional penalty measures shall be applied:
a) Confiscating the
instruments used to cause the violations as defined in Clause 3 of this
Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The following
consequence improvement measures shall be applied:
Immediately correcting
the mis-information in case of the violations defined in Clause 2 of this
Article.
Article
21. Violations against regulations on credit
information safety and/or storage
The fines of VND
20,000,000 – 40,000,000 shall be applied to any of the following violations:
1. Failure of issuing or
carrying out the regulations and/or procedures on information technology
security, safety related to credit information activities.
2. Failing to store
credit information of the borrowers for 5 years minimum since the date the
information is received by the related credit organization.
Article
22. Violations against regulations on product,
service operation and/or use and credit information exchange and/or provision
1. The fines of VND
10,000,000 – 20,000,000 shall be applied to any of the following violations:
a) Illegitimate share of
credit information products with a third party as prescribed by related laws;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to warn
information users of the use principles and/or scope of the provided credit
information products.
2. The fines of VND
20,000,000 – 40,000,000 shall be applied to any of the following violations:
a) Amending credit
information products to improperly provide them to a third party as prescribed
by the related laws;
b) Providing, exchanging
credit information with unrelated, improper organizations and/or individuals.
3. The following
additional penalty measures shall be applied: Revoking the credit information
activities License (credit information service permit) for 1 – 3 months in case
of the violations as prescribed in Clause 2 of this Article.
4. Consequence
improvement measure shall be applied: Illegitimate benefits obtained from the
violations stated in Point a of Clause 1 and Clause 2 of this Article shall be submitted
to the state fund.
Article
23. Violations against regulations on the
protection for legitimate interests of the borrowers
1. Failing to immediately
carry out a borrower’s request for error correction in case the error is attributed
to information processing carried out by the related credit information
organization.
2. The fines of VND
15,000,000 – 30,000,000 shall be applied to the failure of reconciliation of a
borrower’s complaints within 20 working days since the receiving date of such
reconciliation request.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
24. Violations against regulations on foreign
exchange activities
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to any of the following violations:
a) Failing to post up the
buying and selling rates of foreign exchange trading at the transaction
location as regulated by the related laws;
b) Posting buying,
selling exchange rates in unclear formats, with unclear details, causing
misleading to the clients.
2. The fines of VND
40,000,000 – 80,000,000 shall be applied to any of the following violations:
a) Entering into a
foreign exchange agent contract with an ineligible organization for such
operation; failing to give guidance, inspect the related foreign exchange agent
as prescribed by related laws;
b) Failing to fulfill the
responsibilities of a foreign exchange agent as required by related legal
regulations; acting as a foreign exchange agent for more than two credit organizations;
c) Making payments for
negotiable instruments in a foreign currency against the regulations on foreign
exchange activities defined in Article 9 of the Law on Negotiable Instruments
and related legal regulations;
d) Failing to adhere to
the legal regulations on VND account open and/or close to conduct activities
related to foreign investment into Vietnam; Vietnam’s investment into other
countries; foreign loaning and/or foreign loan payment; international loaning
and/or recovering foreign loans and other capital transactions;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Exchange rates,
commission and/or brokerage amounts in cash and/or in kind and any forms of
promotion related to foreign currency trading that leads to increased exchange
rates as compared to exchange rate limit prescribed by the related laws;
g) Inter-personal trading
of foreign currencies; trading of foreign currencies against the exchange rate
regulated by the State Bank; improper collection of transaction fees as
prescribed by related laws;
h) Capital withdrawal,
payment of foreign loans; disbursement, recovery of international loans made
from Vietnam; liability recovery with regard to non-residents; remittances
related to foreign investment into Vietnam, Vietnam’s investment into other
countries against the related laws;
i) Remitting, taking
foreign currency, Vietnam dong out of and/or into Vietnam against the related
legal regulations, except for customs-related administrative violations.
3. The fines of VND 80,000,000
– 100,000,000 shall be applied to any of the following violations:
a) Foreign currency
trading at an organization not entitled for such operation;
b) Providing payment,
remittance services related to foreign loans, loaning amounts, foreign loan recovery,
sponsorship with regard to non-residents, foreign investment into Vietnam,
Vietnam’s investment into other countries and other capital transactions
against the related legal regulations;
c) Carrying out foreign
exchanges pertaining to the regulated currencies at improper exchange rates as
prescribed by related legal regulations applied to the companies running prized
electronic games targeting foreigners, casino companies.
4. The fines of VND
100,000,000 – 150,000,000 shall be applied to any of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Loaning, discounts,
finance leases, factoring, bank guarantees, other credit loanings or local loan
payments in foreign currencies against the related legal regulations;
b) Opening, closing,
using foreign currency accounts opened overseas against the related legal
regulations;
c) Failing to sell
collected foreign currencies to the designated credit organizations as
prescribed by related laws, unless otherwise regulated in Point b of Clause 2
of this Article.
5. The fines of VND
150,000,000 – 200,000,000 shall be applied to any of the following violations:
a) Failing to adhere to
the legal regulations on foreign loan borrowing and/or payment; loaning,
foreign loan recovery; sponsorship with regard to non-residents and other
capital transactions, except for the violations defined in Points d, dd, h of
Clause 2 and Point b of Clause 3 of this Article;
b) Carrying out improper
foreign exchange transactions as prescribed by the State Bank;
c) Found with
illegitimate possession of foreign currencies as prescribed in the related
laws.
6. The fines of VND 200,000,000
– 250,000,000 shall be applied to any of the following violations:
a) Payment for
commodities, services in a foreign currency which is against the regulations
defined the related laws;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Transactions,
quotations, valuation, pricing indicated in contracts, agreements, postings,
goods price advertisements, services, land use rights in a foreign currency
which fail to conform to the related laws;
d) Exporting, importing
cash foreign currencies against to the related laws.
7. The fines of VND
500,000,000 – 600,000,000 shall be applied to foreign exchange activities
conducted by a credit organization, foreign bank branch, monetary servicing
organizations, foreign exchange agent and/or other organizations that is not
licensed by the competent authority or holds an expired or suspended license,
or that fails to operate in accordance with the license, unless otherwise
regulated at Point d of Clause 2 of this Article.
8. The following
additional penalty measures shall be applied:
a) Submitting to the
state fund the illegitimate benefits obtained from the violations stated in
Points a, b of Clause 2, Clauses 3, 4 and 6 of this Article;
b) Confiscating the loans
obtained from the violations prescribed in Points b and d of Clause 5, Clause 8
of this Article within 6 months maximum since the effective date of the related
administrative penalty decisions;
9. The following
consequence improvement measures shall be applied:
Foreign exchange agent
Licenses and/or official written approvals on the open and use of foreign
currency bank account at foreign banks shall be revoked by the competent
authorities in case of relapse of the violations stated in Point b of Clause 2
and Point b of Clause 4 of this Article.
Article
25. Violations against regulations on gold
trading
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The fines of VND
30,000,000 – 60,000,000 shall be applied to any of the following violations:
a) Failing to publicize
the buying, selling prices of gold bullions, gold jewelries and/or handicrafts;
quantity and/or content of gold jewelries, gold handicrafts at the transaction
locations;
b) Publicizing the
buying, selling prices of gold bullions, gold jewelries and/or handicrafts
unclearly and/or causing confusion to the clients in terms of notification formats
and/or content;
c) Responsibility-related
violations committed by a credit organization, company running gold bullion
trading in case of changes on network of branches, business location as
regulated by related laws;
d) Non-license trading of
gold bullions by credit organizations or companies;
dd) Trading gold
jewelries and/or handicrafts when being ineligible for such business as
regulated by related laws;
e) Handcrafting gold
jewelries and/or handicrafts without prior authorization as indicated in the
household business registration Certificate, business registration Certificates
or company Licenses.
3. The fines of VND
60,000,000 – 120,000,000 shall be applied to any of the following violations:
a) Trading gold against
the related legal regulations, unless otherwise regulated in Point dd of Clause
2 and Point a of Clause 7 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Running the service of
gold bullion preservation against the related laws;
d) Producing gold
jewelries and/or handicrafts when being ineligible and/or inadequate to meet
the requirements for the production of gold jewelries and/or handicrafts.
4. The fines of VND
150,000,000 – 200,000,000 shall be applied to any of the following violations:
a) Producing gold
jewelries and/or handicrafts without required certificate on the eligibility
for such business;
b) Trading gold bullions
through authorized agents;
c) Failing to adhere to
the related laws on gold status;
d) Export, importing gold
jewelries and/or handicrafts; raw material gold in the forms of powder,
solution, scraps, solubilized compound and gold jewelry semi-products against
the business registration certificate or company License;
dd) Using illegitimate
gold bullions as prescribed in the related laws.
5. The fines of VND
250,000,000 – 300,000,000 shall be applied to any of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Making improper use of
imported raw material gold as prescribed in the related import permit for
producing gold jewelries and/or handicrafts; failing to re-export the finished
gold products as stated in the temporary import Permit of raw material gold
issued by the State Bank.
6. The fines of VND
350,000,000 – 400,000,000 shall be applied to the production of gold bullions
against the related laws.
7. The fines of VND
450,000,000 – 500,000,000 shall be applied to any of the following violations:
a) Trading gold bullions
without related trading license;
b) Exporting or importing
raw material gold without permit issued by the competent authorities as
required by the related laws;
c) Other gold trading
activities without permits from the competent authorities as required by the
related laws.
8. The following
additional penalty forms shall be applied:
a) Confiscating the gold
obtained from the violations defined in Point a of Clause 7 of this Article;
b) The license for gold
bullion trading shall be suspended for 6 – 9 months in case of the first
offense of the violations prescribed in Point b of Clause 4 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Gold bullion trading
Licenses shall be revoked by the competent authorities in case of relapse of
the violations stated in Point b of Clause 4 of this Article;
b) The License for gold
jewelry and/or handicraft production shall be revoked by the competent
authorities in case of relapse of the violations stated in Clause 1 and Point d
of Clause 3 of this Article.
Section
8. VIOLATIONS AGAINST CURRENCY AND FUND MANAGEMENT AND/OR PAYMENT
Article
26. Violations against regulations on inter-banking
activities
1. The fines of VND
10,000,000 – 20,000,000 shall be applied to any of the following violations:
a) Failing to adhere to
the regulations on arrangement for clearing, clearing, inter-bank payment;
b) Failing to return the
erroneous payment documents within the working day, excluding force majeure;
c) Delayed payment remittance
to the receiver’s bank account later than the regulated time;
d) Delayed dispatch of
deposit documents as per related regulation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to return immediately
the Credit Transfer Orders legitimately rejected; rejecting the Debit Transfer
Orders legitimately authorized;
b) Assigning an
unauthorized person to initiate, send transactions through the clearing system,
inter-bank payment system.
3. The fines of VND
40,000,000 – 80,000,000 shall be applied to the failure of solvency assurance
to settle all clearing orders, inter-bank payment orders by the clearance time
on the transaction day.
4. The fines of VND 100,000,000
– 150,000,000 shall be applied to any of the following violations:
a) Hindering the
operation of clearing and/or inter-bank payment systems;
b) Disclosing, whether
unintentionally or intentionally, the information not entitled for disclosure
related to inter-bank payment system.
5. The following
additional penalty forms shall be applied:
Involvement in inter-bank
payment systems shall be suspended for 01 year maximum in case of the
violations as defined in this Article.
6. The following consequence
improvement measures shall be applied:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
27. Violations against regulations on payment
activities
1. The fines of VND
5,000,000 – 10,000,000 shall be applied to the failure of response to the
clients’ requests for checking and review, complaints as prescribed by the
related laws.
2. The fines of VND
10,000,000 – 15,000,000 shall be applied to the failure to comply to the
related laws in terms of payment time, remittance time.
3. The fines of VND
20,000,000 – 30,000,000 shall be applied to any of the following violations:
a) Improper corrections,
erasures found in the payment instruments, payment proofs;
b) Improperly providing,
disclosing the information related to the deposits at the payment servicing
organizations, intermediate payment servicing organizations as prescribed by the
related laws;
c) Providing unreliable
information during the provision of payment services, intermediate payment
services;
d) Failing to adhere to
the laws on the use and authorized use of payment accounts; signing the payment
orders ultra vires or using e-signatures of other people;
dd) Opening, using the
payment accounts improperly as prescribed by the related laws;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The fines of VND
60,000,000 – 100,000,000 shall be applied to account opening for clients,
improper use of the payment accounts as prescribed by the related laws.
6. The fines of VND
150,000,000 – 200,000,000 shall be applied to any of the following violations:
a) Forging payment
instruments, keeping, transferring and/or using fake payment instructions;
b) Forging proofs when
involving in the clearing services;
c) Violations related to
cash payments;
d) Issuing, providing
and/or using Illegitimate payment instruments.
7. The fines of VND
250,000,000 – 300,000,000 shall be applied to the acts of concealment, payments
of illegitimate amounts of money.
8. The following
additional penalty forms shall be applied:
Confiscating the exhibits,
instruments serving the violations defined in Point a of Clause 3, Points a, b
and d of Clause 6 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Restricting the
expansion of business operation scope, scale and area when violations have not
been completely rectified in case of violations as defined in Point d of Clause
6 and Article 7 of this Article;
b) Submitting to the
state fund the illegitimate benefits obtained from the violations stated in
Clauses 3, 4, 5, 6 and 7 of this Article.
Article
28. Violations against regulations on bank
card activities
1. Warning shall be
applied to the failure of inspecting, maintenance of automated teller machines
[“ATM”].
2. The fines of VND 10,000,000
– 15,000,000 shall be applied to any of the following violations:
a) Erecting, changing the
location, terminating the operation of ATMs against the related laws;
b) Erecting an ATM at a
location with inadequate electricity system to provide to the machine and its
booth, resulting in the ATM card being stuck in the machine when the power is
unexpectedly disconnected;
c) Failing to submit the
written registration with the State Bank’s branch at the province, city where
the ATM is erected within 15 days before actual operation;
d) Failing to register
the termination of an ATM’s operation at the existing location before
relocating the machine to another location in case of relocating the machine to
a different province, city;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Failing to ensure
adequate servicing hours of an ATM;
g) Failing to report to
the local branch of the State Bank in the province, city under Central
management, and notify widely to the clients of the suspension of an ATM’s
operation for over 24 hours;
h) Failing to maintain
the operation of the custom support department for the clients to contact at
any time;
i) Failing to supervise
the remaining cash in an ATM, or fill the machine with cash to meet the
withdrawal demands of the clients as demanded in related regulations.
3. The fines of VND
15,000,000 – 20,000,000 shall be applied to any of the following violations:
a) Failing to meet the
regulated requirements in case a payment service organization is equipped with
an ATM for the first time;
b) Failing to meet the
requirements applied to ATMs as prescribed by the related laws.
4. The fines of VND
20,000,000 - 30,000,000 shall be applied to the failure of assuring safety,
confidentiality for the operation of an ATM.
5. The fines of VND
30,000,000 – 50,000,000 shall be applied to any of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Discriminative pricing
for ATM card payments, collection of additional fees in payment transactions
carried out by ATM card owners, which are against the related laws, or other
violations related to ATM card payment at points of sale [“POS”].
6. The fines of VND
50,000,000 – 100,000,000 shall be applied to any of the following violations:
a) Hacking, collusively
hacking ATM card information, buying/ selling, disclosing, illegitimately using
ATM card information of other people, counterfeiting ATM cards, conducting
fraudulent transactions;
b) Improperly issuing,
making payments with ATM cards against the related laws;
c) Improper clearing by
means of ATM cards against the related laws;
d) Accepting payment from
the ATM cards which have already been informed of their invalidity.
7. The fines of VND
100,000,000 – 150,000,000 shall be applied to any of the following violations:
a) Accessing or
effortfully accessing and/or stealing data, sabotaging and/or illegitimately
changing the softwares, electronic database used for payment; taking advantage
of an error of a computer network system for profiteering;
b) Opening or maintaining
anonymous and/or impersonative payment accounts.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Prohibiting the
signing of any ATM card payment contract with other ATM card organizations when
violations have not been completely rectified in case of the violations defined
in Point b of Clause 5 of this Article;
b) Submitting to the state
fund the illegitimate benefits obtained from the violations stated in Point b
of Clause 5, Points a of Clause 6 and Clause 7 of this Article.
Article
29. Violations against regulations on negotiable
instruments
1. The fines of VND
15,000,000 – 20,000,000 shall be applied to the act of ultra vires signing
negotiable instruments.
2. The fines of VND
20,000,000 – 30,000,000 shall be applied to any of the following violations:
a) Failing to adhere to
the regulations on the duties of the bill-of-exchange acceptors as stated in
Article 2 of the Law on Negotiable Instruments.
a) Improperly collecting
payment through collectors as prescribed in Clauses 1, 2 and 3 of Article 39 of
the Law on Negotiable Instruments.
3. The fines of VND
30,000,000 – 60,000,000 shall be applied to any of the following violations:
a) Assigning an
negotiable instruments when such instrument has known to be expired or
rejected, rejected for payment or reported to be lost as stated in Clause 4 of
Article 15 of the Law on negotiable instruments;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The fines of VND
60,000,000 – 120,000,000 shall be applied to any of the following violations:
a) Forging signature on
an negotiable instrument;
b) Failing to adhere to
the regulations on printing, receiving and delivering, managing blank cheques
as defined in Clauses 2 and 3 of Article 64 of the Law on negotiable
instruments.
5. The following additional
penalty forms shall be applied:
a) Suspending cheque
issuance activities for 1 – 3 months in case of the violations defined in Point
b of Clause 3 of this Article;
b) Confiscating the
exhibits, instruments serving the violations defined in Point b of Clause 4 of
this Article.
6. The following
consequence improvement measures shall be applied:
Illegitimate benefits
obtained from the violations stated in Point b of Clause 5 and Clause 4 of this
Article shall be submitted to the state fund.
Article
30. Violations against regulations on currency
and fund management
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to publicize
the regulation on exchange of ineligible monetary notes issued by the State
Bank at the business location;
b) The loss of template
monetary notes caused by related receiving entities; failing to issue template
monetary notes to the entitled entities; failing to retrieve template monetary
notes after the notice on circulation suspension of such notes is issued or as
requested.
2. The fines of VND
5,000,000 – 10,000,000 shall be applied to any of the following violations:
a) Refusing to exchange
ineligible monetary notes for the clients in demand;
b) Failing to adhere to
the regulations on classification, packaging, forwarding precious metals and/or
stones; packaging, sealing, forwarding, retaining, transporting, stocktaking
cash, valuable assets, valued papers, unless otherwise regulated in Point a of
Clause 3 and Points b, c, d and dd of Clause 5 of this Article.
3. The fines of VND
10,000,000 – 15,000,000 shall be applied to any of the following violations:
a) Failing to issue the
regulation on accessing a money vault, cash counter; internal and external cash
transaction procedure applied to the clients;
b) Failing to plan for
money vault guarding and/or protection;
c) Failing to issue fire
prevention and fighting regulations, plans for a money vault;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The fines of VND 15,000,000
– 20,000,000 shall be applied to the failure of installing the safety
protection, fire prevention and fighting equipment at a money vault as
prescribed by the related laws.
5. The fines of VND
20,000,000 – 40,000,000 shall be applied to any of the following violations:
a) Carrying out currency
exchange against the related laws;
b) Failing to ensure good
protection of cash, valuable assets, valued paper during noon break as
prescribed by related laws;
c) Improper management
and protection of the key of a money vault, storage compartment, safe, money
deposit box in the specialized vehicle against the related legal regulations;
d) Transporting cash,
valuable assets, valued papers with unspecialized vehicle without written
procedure issued by the competent authorities regarding the transportation,
protection, safety measures of the said assets;
dd) Failing to issue
written regulations on the requirements, receiving and delivery procedure of
the clients’ assets, responsibilities of the related departments regarding
asset protection while they perform asset management and/or protection
services, safe lease and other fund-related services.
6. The fines of VND
40,000,000 – 80,000,000 shall be applied to any of the following violations:
a) Improperly managing a
money vault in terms of technical structure and standards as regulated by the
related laws;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
31. Violations against regulations on the
protection of Vietnam’s monetary
notes
1. Warning shall be
applied to any of the following violations:
a) Failing to give timely
notification to the competent authorities of new counterfeit monetary notes;
b) Failing to give timely
notification to the competent authorities of the storage, circulation and/or
transportation of presumably counterfeit monetary notes;
c) Appointing untrained
staff on the skills of detecting counterfeit monetary notes to handle the tasks
of a cashier, treasurer or monetary transaction operator.
2. The fines of VND
5,000,000 – 10,000,000 shall be applied to any of the following violations:
a) Discovering
counterfeit monetary notes but failing to collect and suspend them;
b) Discovering presumably
fake monetary notes but failing to detain them;
c) Failing to minute or
collect and detain counterfeit monetary notes, without stamping, punching as
regulated by the State Bank regarding disciplinary measures on the fake notes,
presumably fake notes collected or detained.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The fine of VND
40,000,000 – 80,000,000 shall be applied to illegitimate copy, printing, use of
the layout of, pictures, patterns, either partially or wholly, on Vietnam’s
monetary notes against the related legal regulations.
5. The following
additional penalty forms shall be applied:
Confiscating the exhibits
and/or instruments serving the violations defined in Clause 2, 3, and 4 of this
Article and handing them to the competent authorities for disciplinary
measures.
6. The following
consequence improvement measures shall be applied:
a) Stamping, punching the
counterfeit monetary notes in accordance with the regulations issued by the
State Bank on counterfeit and/or alleged counterfeit monetary notes in case of
the violation defined in Point c of Clause 2 of this Article.
b) Destroying all
exhibits, instruments serving the violations as defined in Clause 4 of this
Article;
c) Submitting to the
state fund illegitimate benefits obtained from the violations stated in Clause
4 of this Article.
Section
9. VIOLATIONS AGAINST FIXED ASSET PURCHASE, INVESTMENT AND REAL ESTATE TRADING
Article
32. Violations against regulations on fixed
asset purchase and/or investment
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The following
consequence improvement measures shall be applied:
a) Maintaining the value
percentage of the fixed assets for direct business use against the registered
capital and/or allocated fund and provisional funds for the mentioned
registered capital and/or allocated fund for 6 months maximum since the
effective date of the related administrative penalty decisions, in accordance
with the regulation defined in Article 140 of the Law on credit organizations
in case of the violation stated in Clause 01 of this Article;
b) Submitting to the state
fund the illegitimate benefits obtained from the violations stated in Clause 1
of this Article;
Article
33. Violations against regulations on real
estate trading
1. The fines of VND
200,000,000 – 250,000,000 shall be applied to real estate trading activities,
unless otherwise regulated in Clauses 1, 2 and 3 of Article 132 of the Law on
credit organizations.
2. The following
consequence improvement measures shall be applied:
Illegitimate benefits
obtained from the violations stated in Clause 1 of this Article shall be
submitted to the state fund.
Section
10. VIOLATIONS AGAINST CREDIT ORGANIZATION OPERATION SAFETY
Article
34. Violations against regulations on reserve
requirements
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The following
consequence improvement measures shall be applied:
Violating individuals
and/or those responsible for the violations stated in Clause 1 of this Article
shall be considered for suspension of and/or suspended for 1 – 3 months or
removed from the administration, managerial, inspection titles they are
holding; be prevented from holding such titles at credit organizations, foreign
bank branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Article
35. Violations against regulations on prudential
ratios
1. The fines of VND
200,000,000 – 250,000,000 shall be applied to the violations against the laws
related to any of the following prudential ratios:
a) Highest percentage of
the short-term capital for medium and long-term loans;
b) Lending outstanding
debt ratio against total deposit;
c) Ratio of medium,
long-term deposits against total outstanding debt for medium, long-term loans.
2. The fines of VND
300,000,000 – 350,000,000 shall be applied to the violations against legal
regulations on solvency ratios.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The following
consequence improvement measures shall be applied:
a) Adhering to the
regulated prudential ratios within 6 months maximum since the effective date of
the related administrative penalty decision issued against the violation stated
in Clauses 1,2 and 3 of this Article;
b) Restricting the
expansion of business operation scope, scale and area and additional business
line supplementation during the period violations have not been rectified in
case of the violations stated in Clauses 1,2 and 3 of this Article;
c) Violating individuals
and/or those responsible for the violations stated in Clauses 2 and 3 of this
Article shall be considered for suspension of and/or suspended for 1 – 3 months
or removed from the administration, managerial, inspection titles they are
holding; be prevented from holding such titles at credit organizations, foreign
bank branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Article
36. Violations against regulations on the
classification of assets and provisions
1. The fines of VND
200,000,000 – 250,000,000 shall be applied to any of the following violations:
a) Improper
classification of the assets against the related laws;
b) Establishing improper
provisions against the related laws;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to set forth
comprehensive and/or hard-line debt recovery measures for the debts backed by provisions
for risk control.
2. The following
consequence improvement measures shall be applied:
a) Classifying the
assets, provisions; refunding improperly used amounts of provisions, the debt
backed by on-balance provisions for risk control as prescribed by the related
laws within 01 month maximum since the effective day of the related
administrative penalty decisions imposed on the violations defined in Clause 01
of this Article;
b) Violating individuals
and/or those responsible for the violations stated in Clause 01 of this Article
shall be considered for suspension of and/or suspended for 1 – 3 months or
removed from the administration, managerial, inspection titles they are
holding; be prevented from holding such titles at credit organizations, foreign
bank branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Article
37. Violations against regulations on fund
establishment and use of funds
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to improper establishment or use of
funds against the related legal regulations.
2. The following
consequence improvement measures shall be applied:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Section
11. VIOLATION RELATED TO DEPOSIT INSURANCE
Article
38. Violations against regulations on deposit
insurance
1. Warning shall be
applied to any of the following violations:
a) Failing to publicize
copies of the deposit insurance certificates at the locations of deposit
transactions;
b) Inadequate or untimely
payment of the deposit premiums as prescribed by the related laws.
2. The fines of VND
30,000,000 – 40,000,000 shall be applied to the failure of deposit premiums as
prescribe by the related laws.
3. The fines of VND
40,000,000 – 60,000,000 shall be applied to payment of deposit insurance to the
related depositor against the schedule as prescribed in Article 23 of the Law
on deposit insurance.
4. The fines of VND
60,000,000 – 80,000,000 shall be applied to any of the following violations:
a) Insuring the
un-insured deposits as regulated in Article 19 of the Law on deposit insurance;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The fines of VND
60,000,000 – 80,000,000 shall be applied to any of the following violations:
a) Failing to pay or make
inadequate payment of the policy proceeds;
b) Hindering, causing
difficulties and/or damages to legitimate entitlements and interests of deposit
insurance organizations, the deposit insurance policyholders who are
organizations, the deposit insured and the companies and/or organizations
related to deposit insurance;
c) Abusing titles,
entitlements to commit legal violations on deposit insurance.
6. The following
consequence improvement measures shall be applied:
a) Immediately
publicizing copies of the deposit insurance certificates in case of the
violations defined in Point a of Clause 1 of this Article;
b) Immediately paying the
unpaid balance premium in case of the violations defined in Point b of Clause
01 of this Article and paying the fine for delayed payment of 0.05% of the
delayed amount as regulated in Clause 01 of Article 21 of the Law on deposit
insurance;
c) Immediately refunding the
collected premiums and/or instantly withdrawing the paid policy proceeds in
case of the violations defined in Point a of Clause 4 of this Article;
d) Violating individuals
and/or those responsible for the violations stated in Point b of Clause 4 and
Points a and c of Clause 5 of this Article shall be considered for suspension
of and/or suspended for 1 – 3 months or removed from the administration,
managerial, inspection titles they are holding; be prevented from holding such
titles at credit organizations, foreign bank branches, by the competent
authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Section
12. VIOLATIONS RELATED MONEY LAUNDERING PREVENTION, FIGHTING
Article
39. Violations against regulations on client information identification and
updating
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
The fines of VND
20,000,000 – 30,000,000 shall be applied to the failure of updating the client
identity information as prescribed in Articles 8 and 10 of the Law on money
laundering prevention and combat.
Article
40. Violations against regulations on risk management procedures related to
new-technology-based transactions
The fines of VND
60,000,000 – 100,000,000 shall be applied to the failing of issuing the risk
management procedures for new-technology-based transactions as prescribed in
Article 15 of the Law on money laundering prevention and combat.
Article
41. Violations against regulations on the classification of clients by risks
1. The fines of VND
30,000,000 – 50,000,000 shall be applied to the failure of applying the
measures on client identification, intensive evaluation as prescribed in
Clauses 2, 3 and 4 of Article 12 of the Law on money laundering prevention and
combat.
account opening for clients, improper use of the payment accounts as prescribed
by the related laws.
2. The fines of VND
50,000,000 – 100,000,000 shall be applied to the failure of setting forth
client identification regulations, classifying clients by risk levels as
prescribed by the related laws.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The fines of VND
100,000,000 – 150,000,000 shall be applied to the omission of risk management
systems to identify the foreign clients who are politics influencers as
prescribed in Clauses 2 and 3 of Article 13 of the Law on money laundering
prevention and combat.
Article
43. Violations against regulations on client review, transactions and relations
with agent banks
1. The fines of VND
20,000,000 – 40,000,000 shall be applied to the failure of reviewing the
clients and related parties named in black lists before establishing
relationships with them or providing banking services to them.
2. The fines of VND
40,000,000 – 80,000,000 shall be applied to any of the following violations:
a) Failing to adhere to
the measures defined in Article 14 of the Law on money laundering prevention
and combat before entering into the relationship as an agent bank of a foreign
bank counterpart;
b) Failing to report to
the competent authorities of the involvement with clients and related parties
named in the black lists as prescribed by the related laws.
Article
44. Violations against regulations on the regulation on reporting the
high-valued transactions, questionable transactions, e-remittance transactions,
money laundering for terrorism financing
1. The fines of VND
20,000,000 – 30,000,000 shall be applied to the failure of submitting timely
reports as required in Article 23 of the Law on money laundering prevention and
combat.
2. The fines of VND
30,000,000 – 50,000,000 shall be applied to any of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to report
questionable transactions;
c) Failing to report
e-remittance transactions.
3. The fines of VND
80,000,000 – 100,000,000 shall be applied to the failure of reporting money
laundering acts for terrorism financing as required in Article 30 of the Law on
money laundering prevention and combat.
4. The fines of VND
150,000,000 – 200,000,000 shall be applied to the failure of placing special
supervision on irregularly high-valued or complicated transactions; involving
in the transactions with organizations and/or individuals located in the
countries, territories named in the anti-money-laundering or warning lists
informed by the Financial Action Task Force as prescribed in Article 16 of the
Law on money laundering prevention and combat.
Article
45. Violation against regulations on bank account transaction delay, account
freezing; asset freezing and detention
1. The fines of VND
40,000,000 – 80,000,000 shall be applied to any of the following violations:
a) Failing to report on the
delay of transactions with the blacklisted parties or the transactions alleged
to be related to the violations defined in Clause 3 of Article 33 of the Law on
money laundering prevention and combat;
b) Failing to report the
acts of asset freezing and/or detention as a result of the issuance of related
decision from the competent authorities as prescribed in Article 34 of the Law
on money laundering prevention and combat.
2. The fines of VND 100,000,000
– 150,000,000 shall be applied to any of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failing to freeze the
bank accounts and/or freeze or detain the assets which are so decided by the
competent authorities as prescribed in Article 34 of the Law on money
laundering prevention and combat.
Article
46. Violations against regulations on prohibited acts related to money
laundering prevention and/or combat
1. The fines of VND
30,000,000 – 60,000,000 shall be applied to the acts of hindering the provision
of information to support money laundering prevention and combat tasks.
2. The fines of VND
100,000,000 – 150,000,000 shall be applied to any of the following violations:
a) Opening or sustaining
anonymous bank accounts or the accounts with false names;
b) Providing illegitimate
monetary services related to cash, cheques, other monetary instruments or
valuable monetary retention instruments and payment to the beneficiaries at
different locations.
3. The fines of VND
200,000,000 – 250,000,000 shall be applied to any of the following violations:
a) Arranging or
facilitating money laundering;
b) Establishing and
maintaining business relationship with a bank located in a country or territory
where one’s business is not actually situated and such business is not under
the control and/or supervision of the related competent authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Violating individuals
and/or those responsible for the violations stated in Clauses 2 and 3 of this
Article shall be considered for suspension of and/or suspended for 1 – 3 months
or removed from the administration, managerial, inspection titles they are
holding; be prevented from holding such titles at credit organizations, foreign
bank branches, by the competent authorities.
Related credit
organizations, foreign bank branches are requested to remove their violating
individuals from the titles they are holding and apply other disciplinary
measures on them in accordance with the related laws.
Section
13. VIOLATIONS AGAINST REGULATIONS ON COMMUNICATION, REPORTING
Article
47. Violations against regulations on reporting, information management and
provision
1. The fines of VND
5,000,000 – 10,000,000 shall be applied to any of the following violations:
a) Submitting required
reports behind schedule regulated by the related law, unless otherwise
prescribed in Clause 01 of Article 44 herein;
b) Failing to retain,
protect required documents, materials for a sufficient period of time in
accordance with the related laws, unless otherwise regulated in Point a of
Clause 01 of Article 15 herein;
c) Submitting reports
with imprecise data for 2 times and more in a fiscal year.
2. The fines of VND
10,000,000 – 15,000,000 shall be applied to the failure of submitting reports
inadequately or the submitted reports are inadequately detailed as regulated by
the related law; unless otherwise regulated in Clauses 2 and 3 of Article 44,
Clause 01 of Article 45 herein.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to register
the amendments with the competent authorities as defined in Point b of Clause 4
of Article 29 of the Law on credit organizations;
b) Failing to publicizing
the changed procedural details as stated in Points a, b, c and d of Clause 01
of Article 29 of the Law on credit organizations on the information media of
the State Bank and a daily newspaper, in 3 successive publications, or an
e-newspaper of Vietnam within 7 working days since the date the related
approval is received from the State Bank.
4. The fines of VND
30,000,000 – 40,000,000 shall be applied to any of the following violations:
a) Unreliable reports;
b) Providing the
information related to the activities of the State Bank, credit organizations,
foreign bank branches without prior approval from the competent authorities as
prescribed in the related laws or without prior acceptance from the related
clients, unless otherwise defined in Articles 13 and 14 of the Law on credit
organizations;
c) Failing to provide information,
documents and/or materials as required by the related laws;
d) Failing to ensure
confidentiality of the information, reports as stated in Article 29 of the Law
on money laundering prevention and combat.
5. The fines of VND
40,000,000 – 50,000,000 shall be applied to any of the following violations:
a) Submitting the reports
on credit information indicators to the State Bank behind schedule;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Failing to report the
required credit information to the State Bank (Vietnam Credit Information
Center) as regulated by the State Bank regarding credit information activities;
d) Failing to provide
summary reports on international remittance transactions as required by the
related laws.
6. The fines of VND
50,000,000 – 100,000,000 shall be applied to any of the following violations:
a) Failing to immediately
report the risk of insolvency to the competent authorities;
b) Failing to provide the
information requested by the State Bank and competent governmental agencies as
regulated in Clause 4 of Article 18 of the Law on money laundering prevention
and combat.
7. The following
consequence improvement measures shall be applied:
a) Restricting the
expansion of business operation scope, scale and area and additional business
line supplementation during the period violations have not been rectified in
case of the violations stated in Point a of Clause 4, Point a of Clause 6 of
this Article;
b) Foreign credit
organizations, bank branches shall submit the missing reports with precise
details in case of the violations stated in Clause 2 and Point a of Clause 4 of
this Article;
c) Violating individuals
and/or those responsible for the violations stated in Point a of Clause 6 of
this Article shall be considered for suspension of and/or suspended for 1 – 3
months or removed from the administration, managerial, controlling titles they
are holding; be prevented from holding such titles at credit organizations,
foreign bank branches, by the competent authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Section
14. VIOLATIONS RELATED TO INSPECTION HINDRANCE, INCONFORMITY AGAINST COMPETENT
OFFICERS
Article
48. Violations against regulations on inspection hindrance, inconformity
against competent officers
1. The fines of VND 2,000,000
– 3,000,000 shall be applied to the acts of hindering and/or causing
difficulties to the inspection carried out by the competent governmental
officers.
2. The fines of VND
5,000,000 – 10,000,000 shall be applied to the elusion from the inspection
carried out the competent governmental officers.
3. The fines of VND
10,000,000 – 20,000,000 shall be applied to the failure of providing
information, documents, e-data to the Inspection Teams or competent officers.
4. The fines of VND
20,000,000 – 30,000,000 shall be applied to any of the following violations:
a) Failing to provide
documents, proofs, data adequately as requested by the Inspection Team;
b) Unilaterally removing,
relocating or performing other acts that change the initial sealing status of:
Stores, funds, safes, accounting records and/or proofs, credit loan documents
or sealed and/or detained exhibits;
c) Failing to freeze a
bank account, cancel the freezing of a bank account as requested by the
competent officers in accordance with the related laws.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Providing incorrect
documents, data;
b) Illegitimately
intervening the settlement of an issue carried out by the competent authority
and Inspectors of the banking industry;
c) Concealing, correcting
proofs, records or exchanging exhibits during the inspection period.
Article
49. Violations against regulations on the duties of bank inspectors
1. The fines of VND 5,000,000
– 10,000,000 shall be applied to any of the following violations:
a) Failing to provide the
information requested by the State Bank in a timely manner, with adequacy and
precision;
b) Failing to give
advices, cautions to the State Bank regarding operation risks and safety;
c) Failing to report,
provide explanations on the advices, warnings related to operation risks and
safety given by the State Bank.
2. The fines of VND
80,000,000 – 120,000,000 shall be applied to the unconformity to inspection conclusions,
recommendations, disciplinary decisions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Violating individuals
and/or those responsible for the violations stated in Clause 2 of this Article
shall be considered for suspension of and/or suspended for 1 – 3 months or
removed from the administration, managerial, controlling titles they are
holding; be prevented from holding such titles at credit organizations, foreign
bank branches, by the competent authorities.
Related credit organizations,
foreign bank branches are requested to remove their violating individuals from
the titles they are holding and apply other disciplinary measures on them in
accordance with the related laws.
Chapter
III
PROCEDURE,
COMPETENCE RELATED TO ADMINISTRATIVE VIOLATION PENALTIES AND ADMINISTRATIVE
VIOLATION MINUTING
Article
50. Procedure on administrative violation penalties and administrative
violation penalty minutes template
The procedure on, minutes
and decision templates to be used during administrative violation penalties
shall conform to the regulations defined in the Law on administrative violation
penalties and governmental Decree No. 81/2013/ND-CP dated 19 July 2013 which
details a number of articles and the implementation of the said Law on administrative
penalties.
Article
51. Competence regarding administrative violation penalties
1. While performing their
duties, the banking inspectors are entitled to:
a) Give warnings;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Confiscating the
exhibits, instruments serving administrative violations valued up to VND
500,000;
d) Applying consequence
improvement measures as defined in Clause 3 of Article 7, Point a of Clause 6
of Article 31, Point a of Clause 4 of Article 35, Point a of Clause 2 of
Article 36, Clause 2 of Article 37, Point c of Clause 6 of Article 38 herein.
2. Chief Inspector,
supervisors of the State Bank are entitled to:
a) Give warnings;
b) Imposing fines up to
VND 500,000;
c) Intra vires revoking
licenses, certificates issued by the competent authorities on one or more than
one banking activities, services and other activities related to currency,
banking business or suspending within fixed terms one or more than one banking
activities and other business activities licensed by the State Bank which
violate the laws on currency and banking;
d) Confiscating the
exhibits, instruments serving the administrative violations valued up to VND
50,000,000;
dd) The consequence
improvement measures defined in Chapter II herein shall be applied.
3. Director General of
the Inspection Department [of the State Bank] and the supervisors are entitled
to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Imposing fines up to
VND 250,000,000;
c) Intra vires revoking
licenses, certificates issued by the competent authorities on one or more than
one banking activities, services and other activities related to currency,
banking business or suspending within fixed terms one or more than one banking
activities and other business activities licensed by the State Bank which
violate the laws on currency and banking;
d) Confiscating the
exhibits, instruments serving the administrative violations valued up to VND
250,000,000;
dd) The consequence
improvement measures defined in Chapter II herein shall be applied.
4. Chief Inspector and supervisors
of the State Bank are entitled to:
a) Give warnings;
b) Imposing fines up to
VND 1,000,000,000;
c) Applying additional
penalties and violation consequence improvement measures defined in Chapter II
herein.
5. Leader of an
inspection team appointed by the State Bank’s Governor, Chief Inspector,
supervisors [of the State Bank] is authorized to apply the penalties as defined
in Clause 3 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Penalty application
competence authorized to other agencies that are entitled to administrative
violation penalties shall conform to the regulations herein, as follows:
a) Chairmen of the
provincial People’s Committees, Directors General of the Police Department on
Economic Management Order Offence Investigations, Criminal Police Department,
Police Department on Narcotics Investigations, Immigration Department are
entitled to issue administration violation decisions, as prescribed herein, against
the individuals and/or organizations, who are not credit organizations, foreign
bank branches, committing offences against regulations on foreign
exchange management and gold trading as defined in Clause 01; Point g and I of Clause
2; Clause 3; Points b and c of Clause 4 and Clause 7 of Article 24; Clauses 2
and 3, Points a, b, d and dd of Clause 4, Point a of Clause 5 and Clause 7 of
Article 25 herein; simultaneously, notification of such offences shall be given
to the State Bank;
b) Director General of
the Hi-tech Criminal Prevention Department is entitled to issued administrative
violation decisions as prescribed herein against individuals and/or
organizations committing offences as defined in Clause 4 of Article 27, Clauses
4, 6 and 7 of Article 28; simultaneously, notification of such offences shall
be given to the State Bank.
Article
52. Competence regarding administrative violation minuting
1. The following officers
are competent to issue administrative violation minutes:
a) The officers competent
to enforce administrative violation penalties as defined herein, who are
performing their duties;
b) Civil servants who are
performing state management duties with regard to currency and banking issues.
2. The officers competent
to enforce administrative violation penalties as defined in Article 45 of the
Law on administrative violation penalties shall minute administrative offences
against individuals and/or organizations, who are not credit organizations,
foreign bank branches, committing offences as prescribed in Clause 1, Point c
of Clause 6 of Article 24 and Points a, b of Clause 2 of Article 25 herein, and
forward such minutes to other competent officers as defined in Article 45 of
the said Law on administrative penalties for penalty enforcement as stated
herein; simultaneously, such offences shall be notified to the State Bank, its
branches in the provinces and/or cities under the Central management.
Chapter IV
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 53. Implementation validity
This Decree is enforced
as of 12 December 2014 and supersedes governmental Decree No. 202/2004/ND-CP
dated 10 December 2004 regarding administrative violation penalties in currency
and banking activities, Decree No. 95/2011/ND-CP dated 20 December 2011
amending and/or supplementing a number of articles defined in the said Decree
202/2004/ND-CP.
Article
54. Transitional stage
1. In case administrative
violations related to currency and banking activities that have taken place
before the effective date of this Decree but discovered after that, however,
they are still in penalty enforcement period or being reviewed and/or
processed, the penalty regulations which are advantageous to the violating
organizations and/or individuals shall be applied.
2. In case of the
administrative violation penalty decisions related to currency and banking
activities that have been issued or enforced before the effective date of this
Decree but still been complained by the violating individuals and/or
organizations, the regulations defined in governmental Decree No.
202/2004/ND-CP dated 10 December 2004 regarding administrative violation
penalties related to currency and banking activities, Decree No. 95/2011/ND-CP
dated 20 December 2011 amending and/or supplementing some articles stated in
the said Decree 202/2004/ND-CP shall be applied.
Article
55. Implementation responsibilities
Governor of the State
Bank, Ministers, Heads of ministerial agencies and governmental agencies,
Chairmen of the People’s Committees of the provinces and cities under the
Central management shall enforce the implementation of this Decree./.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66