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THE STATE BANK
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
499/2000/QD/NHNN5
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Hanoi, December 05, 2000
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DECISION
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES
OF THE REGULATION ON ORGANIZATION OF INDEPENDENT AUDIT OF CREDIT INSTITUTIONS,
ISSUED TOGETHER WITH DECISION No. 322/1999/QD-NHNN5 OF SEPTEMBER 14, 1999 OF
THE STATE BANK GOVERNOR
THE STATE BANK GOVERNOR
Pursuant to State Bank Law No. 01/1997/QH10
of December 12, 1997 and Credit Institutions Law No. 02/1997/QH10 of December
12, 1997;
Pursuant to the Government’s Decree No. 15-CP of March 2, 1993 stipulating the
tasks, powers and State management responsibilities of the ministries and
ministerial-level agencies;
Pursuant to the Government’s Decree No. 91/1999/ND-CP of September 4, 1999 on
organization and operation of the Banking Inspectorate;
Pursuant to the Government’s Decree No. 30/2000/ND-CP of August 11, 2000
annulling a number of permits and converting some others into business
conditions;
At the proposal of the Director of the Department for Banks and Non-bank credit
institutions,
DECIDES:
Article 1.- To
amend and supplement a number of articles and appendices of the Regulation on
organization of independent audit of credit institutions, issued together with
Decision No. 322/1999/QD-NHNN5 of September 14, 1999 of the State Bank
Governor, as follows:
1. To annul Clause 1 of Article 6.
2. To annul Point c, Clause 1 of Article 8.
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"d. The list of auditors participating in
the audit (with full names) must be signed by the general directors (directors)
of audit organizations or their mandataries for certification that the listed
auditors are fully qualified to participate in the audit of credit institutions
and be stamped as prescribed in Article 6 of this Regulation".
4. Clause 1 of Article 9 is amended as
follows:
"1. The State Bank’s provincial/municipal
branches shall consider and permit audit organizations and auditors to audit
joint-stock credit institutions which are headquartered in their respective
localities. After signing the official dispatches permitting the audit
organizations to audit credit institutions, within 5 working days, the State
Bank’s provincial/municipal branches shall have to send one (01) copy thereof
to the State Bank (The State Bank Inspectorate) for report thereon".
5. Clause 2 of Article 9 is amended as
follows:
"2. The State Bank Inspectorate shall
consider whether to permit or not to permit audit organizations and auditors to
audit State credit institutions, foreign credit institutions and central
people’s credit funds".
6. Clause 3 of Article 10 is amended as
follows:
"3. The official dispatches permitting audit
organizations to audit credit institutions, issued by the State Bank (the State
Bank Inspectorate) and by the State Bank’s provincial/municipal branches, shall
be made according to the set form".
7. Clause 1 of Article 14 is amended as
follows:
"1. Audit organizations wishing to audit
credit institutions shall have to send their written requests to the State Bank
(the State Bank Inspectorate) before June 30 every year for consideration and
approval of their audit of the credit institutions. Such requests should
clearly state the situation on their organization and operation as well as
auditing experiences, and other necessary documents to prove such and commit to
strictly abide by the provisions of Article 5 of this Regulation; and sent
together with their requests shall be the legal dossiers of the audit
organizations, the lists of auditors qualified to participate in the audit as
prescribed in Article 6 of this Regulation (in case of the first-time dossier
registration). From the second time on, the audit organizations shall only
register the changes as compared to the previously registered dossier so that
the State Bank (the State Bank Inspectorate) can notify credit institutions
thereof".
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Article 2.- This
Decision takes effect fifteen days after its signing.
Article 3.- The
Office Director and the Inspector General of the State Bank, the Director of
the Department for Banks and Non-bank Credit Institutions, the heads of the
units under the State Bank, the directors of the State Bank’s branches in
provinces and centrally-run cities, the Chairmen and members of the Boards of
Management, the Control Boards and the general directors (directors) of credit
institutions shall have to implement this Decision.
FOR THE STATE
BANK GOVERNOR
DEPUTY GOVERNOR
Tran
Minh Tuan
APPENDIX NO. 1
STATE BANK OF VIETNAM
SOCIALIST REPUBLIC OF VIETNAM
Independence-freedom-happiness
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Hanoi, date.................
To. Credit Institution (Name of Credit
Institution)
With regards to the request
of........... (Name of credit institution to be audited) in the written
document No........ dated........ and attached file requesting the approval of
(name of auditing organization) to perform the audit for the financial Year….,
the State Bank of Vietnam expresses its view as follows:
1. Approval of ......(name of
auditing organization) to perform the audit of (name of credit institution) for
the financial year… in accordance with provisions of the State Bank on the
independent audit of credit institutions;
2. List of auditors performing
the audit of (name of credit institution) shall include:
-..
-…
-….
3. (Name of credit institution)
shall be responsible for submitting the audited financial statement and the
audit report in conformity with the time provided for in Article 11 of the
Regulation on the independent audit of credit institutions issued in
conjunction with the Decision No. 322/1999/QD-NHNN5 dated 14 September, 1999 of
the Governor of the State Bank of Vietnam.
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AUTHORIZED BY THE GOVERNOR OF THE STATE
BANK
CHIEF INSPECTOR OF THE STATE BANK
INSPECTION
APPENDIX NO. 2
STATE BANK OF VIETNAM
SOCIALIST REPUBLIC OF VIETNAM
Independence-freedom-happiness
No…. /CV-TTr
Re: Approval of (name of auditing organization
performing the audit of (name of audited
credit institution) in financial year.............
Hanoi, date.................
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With regards to the request
of........... (Name of credit institution to be audited) in the written
document No........ dated........ and attached file requesting the approval of
(name of auditing organization) to perform the audit for the financial Year….,
the State Bank of Vietnam expresses its view as follows:
1. Approval of ......(name of
auditing organization) to perform the audit of (name of credit institution) for
the financial year… in accordance with provisions of the State Bank on the
independent audit of credit institutions;
2. List of auditors performing
the audit of (name of credit institution) shall include:
-..
-…
-….
3. (Name of credit institution)
shall be responsible for submitting the audited financial statement and the
audit report in conformity with the time provided for in Article 11 of the
Regulation on the independent audit of credit institutions issued in
conjunction with the Decision No. 322/1999/QD-NHNN5 dated 14 September, 1999 of
the Governor of the State Bank of Vietnam.
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GENERAL MANAGER