STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 15/VBHN-NHNN
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Hanoi, May 27, 2024
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CIRCULAR
MONETARY BROKERAGE BY COMMERCIAL BANKS AND FOREIGN BANK
BRANCHES
Circular No. 17/2016/TT-NHNN
dated June 30, 2016 of the Governor of the State Bank on monetary brokerage by
commercial banks and foreign bank branches, which comes into force from August
22, 2016 is amended by:
Circular No.
02/2024/TT-NHNN dated May 15, 2024 of the Governor of the State Bank of Vietnam
on amendments to some Articles of the Circular No. 17/2016/TT-NHNN dated June
30, 2016 on monetary brokerage by commercial banks and foreign bank branches,
which comes into force from July 01, 2024.
Pursuant to the Law on
the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law
No. 47/2010/QH12 on Credit Institutions dated June 16, 2010;
Pursuant to the
Government's Decree No. 156/2013/ND-CP dated November 11, 2013 on functions,
tasks, powers and organizational structure of the State Bank of Vietnam
(hereinafter referred to as “State Bank”);
At the request of the
Director of the Monetary Policy Department;
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Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Circular provides
for monetary brokerage by commercial banks and foreign bank branches for their
customers.
Article
2. Regulated entities
1. Money brokers (hereinafter
referred to as “brokers”) that are commercial banks or foreign bank branches
permitted by the State Bank to provide money brokerage services as specified in
establishment and operation licenses issued to such commercial banks or
establishment licenses issued to such foreign bank branches by the State Bank.
2.[2] Customers
provided with money brokerage services (hereinafter referred to as “customers”)
that are credit institutions or foreign bank branches established and operating
in accordance with the Law on Credit Institutions.
Article
3. Interpretation of terms
For the purposes of this
Circular, these terms below shall be construed as follows:
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2. [4] (annulled)
3. Brokerage fee means a
sum of money paid by a customer to the broker for monetary brokerage.
Article
4. Monetary brokerage rules
1. A commercial bank or
foreign bank branch shall issue internal regulations on monetary brokerage in
accordance with this Circular and relevant regulations of law, which at least
contain procedures for monetary brokerage; scope of responsibilities and
entitlements of persons related to monetary brokerage; and management of risks
to monetary brokerage.
Within 10 days from the
date on which the internal regulations are issued, amended or replaced, the
commercial bank or the foreign bank branch shall send such internal
regulations, in person or by post, to the Bank Supervision and Inspection
Agency of the State Bank.
2. Monetary brokerage services
shall be provided in accordance with this Circular and relevant regulations of
law.
3. [5] (annulled)
4. The faithfulness,
objectiveness and customer’s lawful interests shall be ensured:
a) Information about the
transaction provided with the monetary brokerage service and other information
permitted by the customer to be disclosed shall be reflected accurately and
sufficiently;
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5. The commercial bank or
the foreign bank branch must not provide information about customers and
transactions provided with the monetary brokerage service for a third party,
except for the request of a competent authority as prescribed by law or the
case where the customer grants his/her consent.
6. The commercial bank or
the foreign bank branch must not act as both a broker and a contracting party
in a transaction permitted to provide the monetary brokerage service for the
customer.
Chapter
II
SPECIFIC
PROVISIONS
Article
5. Scope of monetary brokerage [6]
Commercial banks and
foreign bank branches are permitted to provide monetary brokerage
services for customers for the purpose of performance of banking operations and
other business activities as prescribed in the Law on Credit Institutions.
Article
6. Monetary brokerage methods [7]
Brokers may provide
monetary brokerage services for customers through direct transactions or by
electronic means in accordance with regulations of the law on electronic
transactions.
Article
7. Monetary brokerage contracts
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1. Information about the
broker and customer.
2. Monetary brokerage
methods.
3. Brokerage fee and
other expenses (if any).
4. Method(s) of payment,
deadline for payment.
5. Rights and obligations
of contracting parties.
6. Responsibilities for
breaches of the contract.
7. Regulations on
settlement of disputes.
8. Validity of contract.
9. Other agreements in
accordance with this Circular and relevant regulations of law.
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Brokerage fees and other
expenses shall be agreed upon by the broker and the customer.
Article
9. Storage of dossiers
The broker shall prepare
and store dossiers on monetary brokerage, including:
1. Monetary brokerage
contract.
2. Other documents
related to monetary brokerage transactions.
Chapter
III
IMPLEMENTATION
PROVISIONS [8]
Article
10. Entry into force
1. This Circular comes
into force from August 22, 2016 and replaces Decision No. 351/2004/QD-NHNN
dated April 7, 2004 of the Governor of the State Bank on promulgation of
Regulations on money brokerage.
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Article
11. Implementation
1. Bank Supervision and
Inspection Agency shall inspect and supervise the implementation of this
Circular and take actions against violations within its jurisdiction.
2. The Office's Chief,
the Director of the Monetary Policy Department, Heads of units affiliated to
the State Bank of Vietnam, Directors of branches of the State Bank of provinces
and central-affiliated cities, Chairpersons of Boards of Directors,
Chairpersons of Boards of Members, General Directors (Directors) of commercial
banks and foreign bank branches shall implement this Circular./.
CERTIFIED BY
PP. GOVERNOR
DEPUTY GOVERNOR
Doan Thai Son
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“The Law on the State
Bank of Vietnam dated June 16, 2010;
The Law on Credit
Institutions dated January 18, 2024;
The Government's
Decree No. 102/2022/ND-CP dated December 12, 2022 on functions, tasks, powers
and organizational structure of the State Bank of Vietnam;
At the request of the
Director of the Monetary Policy Department;
The Governor of the
State Bank promulgates a Circular on amendments to some Articles of the
Circular No. 17/2016/TT-NHNN dated June 30, 2016 on monetary brokerage by
commercial banks and foreign bank branches (hereinafter referred to as
“Circular No. 17/2016/TT-NHNN)”
[2] This Clause is
amended by Clause 1 Article 1 of Circular No. 02/2024/TT-NHNN on amendments to
some Articles of the Circular No. 17/2016/TT-NHNN dated June 30, 2016 on
monetary brokerage by commercial banks and foreign bank branches, which comes
into force from July 01, 2024.
[3] This Clause is
amended by Clause 2 Article 1 of Circular No. 02/2024/TT-NHNN on amendments to
some Articles of the Circular No. 17/2016/TT-NHNN dated June 30, 2016 on
monetary brokerage by commercial banks and foreign bank branches, which comes
into force from July 01, 2024.
[4] This Clause is
annulled by Clause 1 Article 2 of Circular No. 02/2024/TT-NHNN on amendments to
some Articles of the Circular No. 17/2016/TT-NHNN dated June 30, 2016 on
monetary brokerage by commercial banks and foreign bank branches, which comes
into force from July 01, 2024.
[5] This Clause is
annulled by Clause 2 Article 2 of Circular No. 02/2024/TT-NHNN on amendments to
some Articles of the Circular No. 17/2016/TT-NHNN dated June 30, 2016 on
monetary brokerage by commercial banks and foreign bank branches, which comes
into force from July 01, 2024.
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[7] This
Article is amended by Clause 4 Article 1 of Circular No. 02/2024/TT-NHNN on
amendments to some Articles of the Circular No. 17/2016/TT-NHNN dated June 30,
2016 on monetary brokerage by commercial banks and foreign bank branches, which
comes into force from July 01, 2024.
[8] Article 3 and Article
4 of the Circular No. 02/2024/TT-NHNN on amendments to some Articles of the
Circular No. 17/2016/TT-NHNN dated June 30, 2016 on monetary brokerage by
commercial banks and foreign bank branches, which comes into force from July
01, 2024 stipulate as follows:
“Article 3.
Responsibilities for implementation
The Office’s Chief,
the Director of the Monetary Policy Department, Heads of units affiliated to
the State Bank of Vietnam, credit institution and foreign bank branches shall
be responsible for organizing the implementation of this Circular.
Article 4.
Implementation clauses
1. This Circular comes
into force as of July 01, 2024.
2. With regard to any
of brokerage contracts concluded before the effective date of this Circular,
the credit institution, the foreign bank branch and another financial
institution shall decide whether to keep executing the contract at the time of
conclusion of the contract until the end of the contract or make amendments to
the contract in accordance with this Circular./.”