THE STATE BANK
OF VIETNAM
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|
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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|
No.
30/2015/TT-NHNN
|
Hanoi, December
25, 2015
|
CIRCULAR
REGULATIONS
ON ISSUANCE OF LICENCES, ORGANIZATION AND OPERATION OF NON-BANK CREDIT
INSTITUTIONS
Pursuant to the Law on the State bank of Vietnam
No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Enterprise No.
68/2014/QH13 dated November 26, 2014;
Pursuant to the Government's Decree No.
156/2013/NĐ-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State Bank of Vietnam;
Pursuant to the Government’s Decree No.
39/2014/NĐ-CP dated May 07, 2014 on operation of finance companies and finance
lease companies;
At the request of the Banking Chief Inspector;
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Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Circular regulates issuance of establishment
and operation licenses to non-bank credit institutions (hereinafter referred to
as ‘licenses’), organization and operation of non-bank credit institutions.
Article 2. Regulated entities
1. Finance companies
2. Finance lease companies;
3. Organizations, individuals in connection with
issuance of licenses, organization and operation of non-bank credit
institutions;
Article 3. Interpretation of
terms
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1. Home country means the country where
foreign credit institutions are established and headquartered.
2. Non-bank credit institutions include
finance companies and finance lease companies.
3. Foreign credit institutions participating in
contribution of capital for the establishment of non-bank credit institutions
(hereinafter referred to as ‘foreign credit institutions’) include banks,
finance companies, financial corporations, finance lease companies established
and operating abroad according to foreign laws, foreign credit institutions as
finance lease companies eligible for contribution of capital for the establishment
of finance lease companies in Vietnam.
4. Vietnamese commercial banks means
commercial banks established and operating in Vietnam
5. Founding shareholders mean shareholders
who own at least one ordinary share and sign their names on the list of
founding shareholders of joint stock non-bank credit institutions
6. Capital contributing members mean
Vietnamese enterprises, Vietnamese commercial banks, foreign credit
institutions that contribute capital to multi-member limited liability non-bank
credit institutions.
7. Founding members mean members who
contribute capital and sign their names on the list of founding members of
multi-member limited liability non-bank credit institutions.
8. Owners include Vietnam’s commercial banks
or foreign credit institutions that own entire charter capital of single-member
limited liability non-bank credit institutions.
9. Founding conferences mean conferences of
founding shareholders, founding members and other capital contributing members
having following duties:
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b) Elect preparatory committees, heads of
preparatory committees;
c) Make decisions on other issues on the
establishment of non-bank credit institutions;
10. The preparatory committee includes
persons in the list of chairpersons and members of the Board of Directors, the
Board of Members, heads and members of the Control Board, General Director
(Director) of non-bank credit institutions expected to be elected and appointed
for the first tenure who will carry out activities relating requests for
issuance of licenses on behalf of founding shareholders, owners, founding
members and capital contributing members. The preparatory committee should
comprise at least two members of which one member is the head.
11. Founding general meetings means general
meetings by founding shareholders, capital contributing shareholders, founding
members and capital contributing members after the State Bank of Vietnam grants
approval for establishment principles, having following duties:
a) Pass Statute of non-bank credit institutions;
b) Elect and appoint members of the Board of
Directors, the Board of Members, members of the Control Board for the first
tenure according to the planned list approved by the State Bank of Vietnam;
c) Pass regulations on organization and operation
of Board of Directors, the Board of Members and the Control Board;
d) Make decisions on other issues on the
establishment of non-bank credit institutions;
12. Leased assets mean machinery, equipment,
means of transport (except ships, boats and airplanes) outside the lists
of goods banned from trading, importation and exportation as prescribed.
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14. The lessee (including sub-lessee)
includes organizations and individuals operating in Vietnam including legal and
natural persons and other civil subjects according to civil laws who have the
use of the leased assets for their own purposes.
15. Rentals mean an amount of money paid to
the lessor by the lessee under the finance lease agreement or operating lease
agreement.
16. Operating lease means the lease mode by
which the finance leasing company shall rent an asset to the operating lessee
for a specified period of time on the principle that the lessee shall return
the asset after the lease duration. Finance leasing company shall be the
legal owner of the asset during the lease. The lessee shall have the use of the
asset and pay the rents throughout the lease duration as stated in the
operating lease agreement.
17. The operating lessee means organizations
and individuals operating in Vietnam including legal and natural persons and
other civil subjects according to civil laws.
18. Finance lease duration means the period
of time when the lessee acknowledges receipt of debts until all rentals for the
use of the asset are completely paid to the finance companies under the finance
lease agreement.
19. Rental payment time limits means periods
of time within the finance lease duration agreed by the lessor and the lessee
20. Rental rescheduling means the lessor
agrees to make adjustments to rental payment time limits for finance lease
liabilities that the lessee is unable to fulfill according to the finance lease
contract as follows:
a) Adjustments to rental payment time limits mean
the lessor agrees to extend time limits for the lessee to pay part or whole of
the principals and/or interests within the lease duration as agreed.
b) Extension of rentals means the lessor agrees to
give the lessee an extension for paying the principals and/or interests beyond
the lease duration as agreed.
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1. Domestic non-bank credit institutions are
established and organized as follows:
a) Joint-stock companies established by
shareholders as organizations and individuals in the form of capital contribution;
b) Single member limited companies owned by a
Vietnamese commercial bank;
c) Multi-member limited liability companies
capitalized by a Vietnamese commercial bank and a Vietnamese enterprise (of
which a Vietnamese commercial bank owns at least 30% of total charter capital
of the non-bank credit institutions) or by Vietnamese commercial banks;
2. Joint-stock non-bank credit institutions that
are established and organized in the form of multi-member limited liability
companies with capital contributed by Vietnamese side (including one or more
Vietnamese commercial banks, Vietnamese enterprises) and foreign side
(including one or more foreign credit institutions) based on a joint-venture
contract.
3. Foreign-capitalized non-bank credit institutions
are established and organized in the form of single member limited companies
owned by a foreign credit institution or multi-member limited liability
companies capitalized by foreign credit institutions.
Article 5. Operation duration
1. Operation duration of a non-bank credit
institution is prescribed in the license (no more than 50 years to the
maximum).
2. Sequence, procedures for modifications to the
operation duration of non-bank credit institutions are prescribed by the State
Bank.
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1. Charter capital of non-bank credit institutions
is the capital which is actually contributed by the owner or by shareholders
and members as stated in the statute of the non-bank credit institution and at
least equal to level of legal capital as prescribed.
2. Increase or decrease in charter capital of
non-bank credit institutions and handling of cases when actual value of charter
capital is lower than level of legal capital are instructed in law provisions.
3. Percentage of the charter capital contributed by
capital contributing members or owned by shareholders in non-bank credit
institutions is instructed in law provisions.
Chapter II
REGULATIONS ON LICENSING
Section 1. GENERAL PROVISIONS
Article 7. Licenses
1. The State Bank shall detail banking or other
business activities in licenses issued to non-bank credit institutions on the
basis of specimen licenses in proportion to each type of non-bank credit
institutions as prescribed in Annexes No. 09A, 09B, 09C, 09D hereof.
2. Non-bank credit institutions shall use licenses
as prescribed in Article 27 of the Law on credit institutions.
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Within five working days since receipt of the
request, the State Bank shall issue a copy of the license from master register
to non-bank credit institutions.
Article 8. Sequence and
procedures on licensing
1. The preparatory committee shall establish an
application for issuance of licenses as prescribed in Articles 13, 14, Clauses
1, 2, 3, Article 15, Clauses 1, 2, 3, 4, 5, 6, Article 16 hereof and deliver in
person or by post to the State Bank.
Within 30 days since receipt of the application,
the State Bank shall issue a written notice to the preparatory committee about
acknowledgment of the application for consideration and approval in principle.
In case the application is found inadequate, the State Bank shall issue a
written request to the preparatory committee for supplements.
2. Within 90 days since the application is
confirmed as adequate, the State Bank shall issue a written approval in
principle for the establishment of non-bank credit institution. Otherwise, the
State Bank shall issue a written notice specifying reasons for disapproval.
3. Within 60 days since receipt of the written
approval in principle for the establishment of non-bank credit institution, the
preparatory committee shall prepare and deliver supplements as prescribed in
Clause 4, Article 15, Clause 7, Article 16 in person or by post to the State
Bank. The written approval in principle shall become invalid if the State Bank
receives no or inadequate supplements after the time limit as mentioned above.
Within five working days since receipt of adequate
supplements, the State Bank shall issue a written confirmation of receipt of
the supplements.
4. Within 30 days since receipt of adequate
supplements, the State Bank shall carry out issuance of license as prescribed.
Otherwise, the State Bank shall issue a written notice specifying reasons for
not licensing.
Article 9. Fees for licensing
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2. Within 15 days since receipt of the license, the
non-bank credit institution shall pay the fees for issuance of the license to
the State Bank.
Article 10. Opening of
operation
1. Licensed non-bank credit institutions shall
officially start operation as of the day of operation opening.
2. To be eligible for the day of operation opening,
the licensed non-bank credit institutions should meet requirements as
prescribed in Clause 2, Article 26 of the Law on credit institutions.
3. Licensed non-bank credit institutions should
deliver a written notice of satisfaction of requirements for opening as
prescribed in Clause 1 of this Article at least 15 days prior to expected
opening day in person or by post to:
a) The Department of banking inspection and
supervision if licensed non-bank credit institutions are headquartered in the
vicinity of the Department;
b) Provincial and municipal branches of the State
Bank if licensed non-bank credit institutions are not headquartered in
proximity of the Department of banking inspection and supervision;
4. Non-bank credit institutions should carry out
operation opening within 12 months since the license is granted; otherwise the
State Bank shall revoke the license.
Section 2. REQUIREMENTS FOR
LICENSING
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1. Requirements as prescribed in Clause 1, Article
20 of the Law on credit institutions;
2. Regulations on founding shareholders;
a) At least two founding shareholders as
organizations;
b) Be responsible for legality of contributed
capital;
c) Undertake to provide financial support to
non-bank credit institutions for difficulties in capital, solvency and
liquidity;
d) Do not join other credit institutions
established and operating in Vietnam as a strategic shareholder, founding
shareholder, owner or founding member;
dd) Secure sufficient financial resources in order
to establish non-bank credit institutions; do not use capital in trust, raised
capital or loans provided by foreign credit institutions, branches of foreign
banks, other organizations or individuals as contributed capital;
e) Apart from requirements as prescribed in Points
b, d, d, dd of this Clause, founding shareholders
as individuals should meet following requirements:
(i) Be a Vietnamese citizen with full legal
capacity as prescribed;
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g) Apart from requirements as prescribed in Points
b, d, d, dd of this Clause, founding shareholders as organizations should meet
following requirements:
(i) Established under laws of Vietnam;
(ii) Have a profitable business for three straight
years preceding the year of submission of applications for the licence;
(iii) Have fulfilled its tax and social insurance
obligations as prescribed to the time of submission of applications for the
licence;
(iv) For organizations as Vietnamese enterprises
(except Vietnamese commercial banks):
- Have at least VND 500 billion in owner’s equity,
at least VND 1,000 billion in total assets for three straight years preceding
the year in which the application for the licence is submitted; For enterprises
operating in the areas requiring a certain level of legal capital, ensure that
the amount remaining after the legal capital is subtracted from the owner’s
equity according to the audited financial statement of the year preceding the
time the application is submitted is not smaller than the promised capital
contribution;
- For enterprises licensed to operate in the areas
of securities, insurance, the contribution of capital must be compliant with
relevant law provisions;
(v) For Vietnamese commercial banks:
- Have at least VND 100,000 billion in total
assets; comply fully with regulations on risk management and establishment of
provisions at the time of submission of applications for licensing;
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- Ensure minimum capital adequacy ratio after contributing
capital for establishment of non-bank credit institutions;
- Not penalized for administrative violations
against regulations in currencies and banking for two straight years preceding
the year of submission of applications for licensing and to the time of
submission of supplements for consideration and issuance of licenses;
Article 12. Requirements for
licensing limited liability non-bank credit institutions
1. Requirements as prescribed in Clause 1, Article
20 of the Law on credit institutions;
2. For founding members as Vietnamese enterprises
(except Vietnamese commercial banks), following requirements should be met:
a) Requirements as prescribed in Points b, c, d,
dd, g(i), g(iii), Clause 2, Article 11 hereof;
b) Have at least VND 1,000 billion in owner’s
equity and at least VND 2,000 billion in total assets for three straight years
preceding the year of submission of applications for licensing; For enterprises
operating in the areas requiring levels of legal capital, ensure that the
amount remaining after taking the legal capital from the owner’s equity
according to the financial statement audited in the year preceding the
submission of applications for licensing is not smaller than the promised
capital contribution;
c) For enterprises licensed to operate in the areas
of securities, insurance, contribution of capital should be compliant with law
provisions;
3. For owners, founding members as Vietnamese
commercial banks, requirements as prescribed in Points b, c, d, dd, g(ii),
g(iii), g(v), Clause 2, Article 11 hereof should be satisfied.
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a) Requirements as prescribed in Clause 2, Article
20 of the Law on credit institutions;
b) Requirements as prescribed in Points g(ii),
Clause 2, Article 11 hereof;
c) Have at least US$ 10 billion in total assets at
the end of the year preceding the year of submission of applications for
licensing;
d) Do not seriously violate regulations on banking
activities and other provisions of the home country for five straight years
preceding the year of submission of applications for licensing and to the time
of submission of supplements for consideration and issuance of licenses;
dd) Have experience of international activities,
rated by international credit rating agencies as capable for ensuring financial
commitments and normal operation even though economic situations and conditions
change for the worse;
e) Rated by competent agencies of the home country
as capable of ensuring capital adequacy ratio, other safety ratios, comply
fully with regulations on risk management and establishment of provisions as
prescribed by the home country in the year preceding the year of submission of
applications for licensing and to the time of submission of supplements for
consideration and issuance of licenses;
g) Not being strategic shareholders, owners or
founding members of other credit institutions established and operating in
Vietnam;
h) In case foreign credit institutions are finance
lease companies, the lease balance and loans must make up at least 70% of its
assets.
5. Within five years since receipt of the license,
owners and founding members shall together own 100% of charter capital of
non-bank credit institutions as limited liability companies.
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Article 13. Principles of
establishing applications
1. Documents of applications for licensing should
be signed by head of the preparatory committee unless otherwise as regulated.
Documents signed by head of the preparatory committee should carry following
headings: Preparatory committees to be established and name of non-bank credit
institutions
2. Applications for licensing domestic non-bank
credit institutions shall be made into an original copy in Vietnamese.
3. Applications for licensing non-bank credit
institutions as joint-venture companies, foreign-invested companies shall be
made into two original copies (one in Vietnamese and one in English), in which:
a) The copy of application in English must be
consularly legalized as prescribed except following documents:
(i) Documents from competent agencies of the home
country sent to the State Bank;
(ii) Financial statements;
b) Translations from English into Vietnamese should
have signatures of translators certified according to law provisions;
c) Translations of financial statement should be
confirmed by organizations or individuals eligible for practicing in
translation according to law provisions;
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5. A list of documents should be included in each
application.
Section 14. Applications for
licensing
1. A written request for licensing shall be signed
by founding shareholders, owners, founding members according to form in Annex
01 hereof.
2. Draft Charter of non-bank credit institutions
shall be passed by founding conferences or approved by owners.
3. The project on the establishment of a non-bank
credit institution passed by founding conferences or owners shall comprise at
least:
a) Necessity for establishment;
b) Name of non-bank credit institutions under
requests for establishment, forms, name of provinces/cities where they are
headquartered, operation duration, charter capital, activities and capacity to
meet requirements for operation according to the Government's Decree No.
39/2014/NĐ-CP dated May 07, 2014 on activities of finance companies and finance
lease companies (hereinafter referred to as Decree No. 39/2014/NĐ-CP), this
Circular and the State Bank's regulations;
c) Financial capacity of founding shareholders,
capital contributing shareholders, owners, founding members and capital
contributing members;
d) Organizational chart and operational network
expected for the first three years;
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(i) Chairpersons, members, independent members of
Board of Directors, the Board of Members; heads of committees belonging to
Board of Directors, the Board of Members;
(ii) Heads, members, full-time members of the
Control Board;
(iii) General Director (Director), deputy general
directors (deputy directors), Chief accountant and heads of affiliated units;
e) Risk management policies: Identify, measure,
prevent, manage and control credit risks, operational risks, market risks,
liquidity risks and other risks during the operation process;
g) Information technology:
(i) Plans for investment in IT system accompanied
by explanations about capacity for meeting requirements for risk management of
non-bank credit institutions and regulations of the State Bank;
(ii) Time for investment in technology; type of
technology expected to apply; personnel capacity in IT; capacity for connection
and integration with the management system of the State Bank for provision of
information on request, ensuring IT system support management information
system effectively;
(iii) Document of IT system;
(iv) Solutions to ensure safety and confidentiality
in accordance with activities expected to develop;
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(vi) Planned assignments on controlling and making
reports on operation of IT system;
h) Capacity for sustainable development in markets:
(i) Conduct analysis and assessment of markets with
emphasis on current conditions, challenges and prospects;
(ii) Capacity and advantages of participation and
competition in the market;
(iii) Strategy for development, expansion of
operational network, banking activities, clients, detailed analysis of
satisfaction of requirements for conditional operation;
i) Internal control and audit system:
(i) Operating principles of internal control
system;
(ii) Draft of internal fundamental regulations on
organization and operation of non-bank credit institutions at least comprises
internal regulations as prescribed in Clause 2, Article 93 of the Law on credit
institutions and following regulations:
- Regulations on organization and operation of
Board of Directors, the Board of Members, the Control Board and managers;
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(iii) Content and operation process of internal
audit;
k) Business plan for the first three years
comprising at least the followings: Market, strategy, objective and business
plan analysis; financial statements planned for each year (the Balance sheet, business
performance reports, currency circulation reports, minimum capital adequacy
targets...)
4. Documents proving capacity of expected
management and control apparatus:
a) Resumes according to forms in Annex 02 hereof,
police record No. 2 according to law provisions;
b) Copy of diplomas proving professional levels;
c) Other documents proving capacity for meeting
requirements and standards as prescribed in the Law on credit institutions and
other relevant law provisions;
d) If a person who is expected to be elected as
member of the Board of Directors, the Board of Members, the Control Board,
General Director has no Vietnamese nationality, apart from the abovementioned
documents, written commitments to meeting requirements for residence and
working in Vietnam should be included.
5. The written record of ratification or approval
for the draft Charter, project on the establishment of non-bank credit
institutions by the founding conferences or owners, lists of expected managers,
preparatory committees, heads of preparatory committees.
Article 15. Applications for
licensing joint-stock non-bank credit organizations
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2. Lists of founding shareholders, capital
contributing shareholders are made according to forms in Annex 03 hereof.
3. Applications submitted by capital contributing
shareholders:
a) For individuals:
(i) Share purchase form according to forms in Annex
04A enclosed hereof;
(ii) Written declaration of relevant persons
according to forms in Annex 05 enclosed herewith;
b) For individuals as founding shareholders:
(i) Applications as prescribed in Point a of this
Clause;
(ii) Resumes according to forms in Annex 02 hereof,
police record No. 2 according to law provisions;
(iii) Written declaration of individuals’ past
credit relationship according to forms in Annex 06 enclosed herewith;
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c) For organizations:
(i) Share purchase form according to forms in Annex
04B hereof;
(ii) Written declaration of relevant persons
according to forms in Annex 05 enclosed herewith;
(iii) Copy of establishment license or Certificate
of Enterprise registration or equivalent documents;
(iv) Written authorization by representatives of
contributed capital in non-bank credit institutions according to law
provisions;(v) Copy of Charter of organization and operation;
(vi) Copy of identity card or passport of legal
representatives, representatives of the contributed capital in non-bank credit
organizations;
(vii) Written approval granted by competent
authorities to organizations for contribution of capital for establishment of
non-bank credit organizations;
(viii) Financial statements from years preceding
the year of submission of applications for licensing and financial statements
audited by independent audit organization from the time of submission of
applications for licensing; In case the financial statements are not audited at
the time of submission of applications, unaudited financial statements may be
submitted but should be companied by audited financial statements immediately
after the audit organization issues the audit report;
(ix) Reports on financial resources for
organizations not as commercial banks according to forms in Annex 08 enclosed
herewith;
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d) For organizations as founding shareholders:
(i) Applications as prescribed in Point c of this
Clause;
(ii) Resumé (See forms in Annex 02 enclosed
herewith), police record No. 2 of legal representatives, representatives of the
contributed capital in non-bank credit organizations
(iii) Written declaration of organizations’ past
credit relationship according to forms in Annex 07 enclosed herewith;
(iv) Written commitments to providing financial
support to non-bank credit institutions for difficulties in capital, creditworthiness
and liquidity;
(v) Financial statements for three years preceding
the year of submission of applications for licensing audited by independent
audit organization; In case the financial statements are not audited at the
time of submission of applications, unaudited financial statements may be
submitted but should be companied by audited financial statements immediately
after audit organization issues the audit report;
4. Upon receipt of the written approval in
principle, the preparatory committee shall submit supplemental documents for
consideration and issuance of following licenses:
a) Charter of non-bank credit institutions passed
by founding conferences;
b) Written record and resolution of founding
conferences on ratification of the Charter, election of members of Board of
Directors, the Control Board, regulations on organization and operation of
Board of Directors, the Control Board;
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d) Decision by Board of Directors on appointment of
General Director (Director), deputy general directors (deputy directors), chief
accountants;
dd) Written confirmations of the capital
contributed by shareholders issued by a Vietnamese commercial bank where the
preparatory committee opens the account;
e) Written proof of ownership or right to enjoyment
of locations where the non-bank credit institution is headquartered;
g) Internal provisions on organization and
operation of non-bank credit institutions as prescribed in Point i(ii), Clause
3, Article 14 hereof passed by founding conferences, Board of Directors;
h) Reports by founding shareholders as Vietnamese
commercial banks, Vietnamese enterprises on satisfaction of requirements as
prescribed in Point g, Clause 2, Article 11 hereof from the time of submission
of applications for licensing to the time of submission of written supplements for
consideration and issuance of licenses;
Article 16. Applications for
licensing non-bank credit institutions as limited liability companies
1. Composition of applications is instructed in
Article 14 hereof.
2. Lists of founding shareholders, capital contributing
shareholders are made according to forms in Annex 03 hereof.
3. Joint-venture contract covering main information
according to law provisions and including at least followings:
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b) Name and address of parties involved in
joint-ventures and legal representatives of the parties;
c) Operation duration of joint-ventures;
d) Charter capital, capital contribution ratio,
level of capital contributed by each party, progress of charter capital
contribution;
dd) Rights and obligations of joint-venture
parties;
e) Number and ratio of members of the Board of
Members, the Control Board and the Board of Directors from each party;
g) Planned number of departments and staff from
each party for initial stage (number of persons of Vietnamese nationality,
persons of foreign nationality);
h) Principles on accounting, reporting,
establishment and use of funds; division of profits and handling of losses in
business;
i) Procedures on settlement of disputes between
parties arising from the implementation of joint-venture contracts, procedures
on liquidation, dissolution, merger and amalgamation of non-bank credit
institutions as joint-ventures;
k) Conditions for making amendments and supplements
to joint-venture contracts;
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4. Capital contribution agreement between founding
members for non-bank credit institutions as limited liability companies;
5. For owners, founding members as Vietnamese
commercial banks, Vietnamese enterprises:
a) Applications as prescribed in Point d, Clause 3,
Article 15 hereof except share purchase form;
b) Reports on the process of establishment,
operation and vision for development to the time of submission of applications
for licensing;
6. For owners, founding members as foreign credit
institutions:
a) Applications prescribed in Clause 5, this
Article except c(ii), c(ix), c(x), Clause 3, Article 15 hereof;
b) Written approval granted by competent agencies
of the home country to foreign credit institutions for establishment of
non-bank credit institutions as joint-ventures and non-bank credit institutions
as 100% foreign-invested companies in Vietnam; In case competent agencies are
not authorized to grant such documents according to laws of the home country,
any proof of confirmations by competent agencies or any relevant legal
documents from the home country should be included;
c) Documents providing information about foreign
credit institutions issued by competent agencies of the home country as
follows:
(i) Activities licensed in the home country at the
time of submission of applications;
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(iii) Capital adequacy ratio and other safety
assurance ratio according to the regulations by the home country in the year
preceding submission of applications for licensing;
(iv) Compliance with the regulations made by the
home country on risk management and establishment of provisions in the year
preceding submission of applications for licensing;
d) Credit rating document or papers issued by
international credit rating organization within six months before the time of
submission of applications;
dd) Written commitments of competent agencies of
the home country to ensuring consolidated supervision of foreign credit institutions
in line with international practices;
e) Written commitments of owners, founding members
to:
(i) Providing supports in finance, technology,
management to non-bank credit institutions as joint-ventures, 100%
foreign-invested credit institutions;
(ii) Ensuring actual value of charter capital of
non-bank credit institutions as limited liability companies is not smaller than
level of legal capital and meeting all regulations on operation safety made by
the State Bank;
7. Upon receipt of the written approval in
principle, the preparatory committee shall submit supplemental documents for
consideration and issuance of following licenses:
a) Charter of non-bank credit institutions passed
by the Board of Members;
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c) Documentary evidence of ownership or right to
enjoyment of locations where the non-bank credit institution is headquartered;
d) Internal provisions on organization and
operation of non-bank credit institutions as prescribed in Point i(ii), Clause
3, Article 14 hereof passed by the Board of Members;
dd) Reports by Vietnamese commercial banks,
Vietnamese enterprises on satisfaction of requirements as prescribed in Point
g, Clause 2, Article 11 hereof from the time of submission of applications for
licensing to the time of submission of written supplements for consideration
and issuance of licenses;
e) Written evaluation of foreign credit
institutions as satisfaction of requirements as prescribed in Points b, d, e,
Clause 4, Article 12 hereof by competent agencies of the home country from the
time of submission of applications for licensing to the time of submission of
written supplements for consideration and issuance of licenses;
g) Apart from components of applications as
prescribed in Points a, b, c, d, dd, e, this Clause, the preparatory committee
for the establishment of single-member limited liability non-bank credit
institutions should provide additional documents as follows:
(i) Decision by owners on appointment of Chairman
of the Board of Members, members of the Board of Members, the Control Board,
General Director (Director), deputy general directors (deputy directors), Chief
accountant;
(ii) Written record of the Control Board’s meetings
on election of Head of the Control Board and full-time members of the Control
Board;
h) Apart from components of applications as
prescribed in Points a, b, c, d, dd, e, this Clause, the preparatory committee
for the establishment of single-member limited liability non-bank credit
institutions should provide additional documents as follows:
(i) Written record and resolution of founding
general meetings on ratification of the Charter, election or appointment of
members of Board of Directors, the Control Board, regulations on organization
and operation of Board of Directors, the Control Board;
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(iii) Decision by the Board of Members on
appointment of General Director (Director), deputy general directors (deputy
directors), chief accountants;
Section 4. RENEWAL OF LICENSES,
ISSUANCE OF SUPPLEMENTARY LICENSES
Article 17. Principles on
renewal of licenses, issuance of supplementary licenses
1. The State Bank shall not renew licenses for
activities that non-bank credit institutions are not permitted to perform
according to law provisions at the time of renewal; and at the same time make
adjustments to activities in accordance with the Law on credit institutions and
Annexes 09A, 09B, 09C, 09D enclosed herewith. New licenses shall supersede all
the licenses, written approvals (concerning amendments and supplements made to
the licenses) issued by the State Bank to non-bank credit institutions before
the time of renewal.
2. Issuance of supplementary licenses for foreign
exchange activities is instructed in separate regulations by the State Bank and
other relevant law provisions.
3. Any other additional credit activities to be
performed by the non-bank credit institution must be approved by the State
Bank; procedures, conditions and applications for addition of such activities
to the licence shall be provided for in a separate document of the State Bank
and by other relevant law provisions.”.
Article 18. Requests for
renewal of licenses, issuance of supplementary licenses
1. Non-bank credit institutions that need to apply
for renewal of licenses or issuance of supplementary licenses should prepare
and send applications as prescribed in Article 19 hereof in person or by post
to the State Bank.
2. Within 40 days since receipt of adequate
applications, the State Bank shall carry out renewal of licenses or issuance of
supplementary licenses to non-bank credit institutions; In case of rejection,
the State Bank shall issue a written notice specifying reasons.
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a) Perform procedures with business registration
agencies on changes to the licenses according to law provisions;
b) Make public announcement of changes of the
license on the State Bank’s media or a daily newspaper for three consecutive
issues, or on Vietnam’s online newspapers within seven working days since the
State Bank issues new licenses or supplementary licenses;
c) Make amendments or supplements to the Charter in
accordance with new licenses or supplementary licenses and register with the
State Bank according to Clause 4, Article 22 hereof;
Article 19. Applications for
renewal of licenses, issuance of supplementary licenses
1. In case of renewal of licenses:
a) Application form signed by legal representatives
of non-bank credit institutions specifying activities expected to be
implemented;
b) Lists of activities according to current
licenses, other written approvals issued by the State Bank accompanied by copy
of current licenses and these written approvals;
2. In case of issuance of supplementary licenses:
a) Application form for addition of activities to
current license signed by legal representatives of non-bank credit institutions
specifying activities to be supplemented; For non-bank credit institutions as
100% foreign-invested companies, the owners or capital contributing members
thereto should undertake in the application form that such additional
activities are eligible in the home country unless otherwise as regulated by
the international agreements to which the Socialist Republic of Vietnam is a
signatory;
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c) Apart from components as prescribed in Points a,
b, this Clause, finance companies that add banking activities should provide
additional documents as follows:
(i) Internal regulations for performance of
additional activities;
(ii) Reports on staff, material base, technology,
means, and equipment accompanied by written commitments to meeting requirements
for performance of additional activities as prescribed in Decree No.
39/2014/NĐ-CP, this Circular and other relevant law provisions;
d) Apart from components as prescribed in Points a,
b, c, this Clause, finance companies established and operating before the
effective date of Decree No. 39/2014/NĐ-CP and requesting addition of factoring
activities should provide additional documents as follows:
(i) Factoring operation plan as prescribed in Point
g(vi), Clause 1, Article 29 hereof;
(ii) Financial statements of the year preceding the
year of submission of written requests for addition of factoring activities
audited by independent audit organization; In case the financial statements are
not audited at the time of submission of applications, unaudited financial
statements may be submitted but should be companied by audited financial
statements later;
d) Apart from components as prescribed in Points a,
b, c, this Clause, finance companies established and operating before the
effective date of Decree No. 39/2014/NĐ-CP and requesting addition of
activities of issuance of credit cards (hereinafter referred to as ‘credit card
activities’) and finance lease should provide additional documents as follows:
(i) Operation plan as prescribed in Point e(iii),
Clause 1, Article 30, Point g(ii), Clause 1, Article 31 hereof;
(ii) Financial statements for two straight years
preceding the year of submission of written requests for addition of credit
card activities and finance lease audited by independent audit organization; In
case the financial statements are not audited at the time of submission of
applications, unaudited financial statements may be submitted but should be
companied by audited financial statements later;
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a) Application form for renewal of licenses and
issuance of supplementary licenses signed by legal representatives of non-bank
credit institutions in which activities proposed for implementation, addition
and activities undertaken as prescribed in Point a, Clause 2, this Article
should be specified.
b) Documents as prescribed in Point b, Clause 1,
and Points b, c, d, dd, Clause 2, this Article;
Chapter III
ORGANIZATION, MANAGEMENT AND CONTROLLING
Article 20. Name and head
office of non-bank credit institutions
1. Name of non-bank credit institutions should:
a) Be in compliance with the Law on Enterprise and
other relevant law provisions;
b) Be in compliance with legal manner and types as
follows:
(i) Joint-stock financial companies and private
name;
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(iii) Single-member limited liability finance
company and private name;
(iv) Single-member limited liability finance
leasing company and private name;
(v) Limited liability finance company and private
name (for multi-member limited liability finance companies;
(vi) Limited liability finance leasing company and
private name (for multi-member limited liability finance lease companies);
2. Head offices of non-bank credit institutions
should meet requirements for head offices of enterprises as prescribed in the
Law on Enterprise and following conditions:
a) Head offices should be stated in the license and
business registration certificate according to law provisions and the working
place for Board of Directors, the Board of Members, the Control Board and
Steering Committee;
b) Head offices should be based within Vietnam’s
territory with definite addresses including phone numbers and e-mails (if any);
c) Ensure safety for assets and compliance with
operational requirements of non-bank credit institutions;
d) Have management information system being
connected with branches and business departments of non-bank credit
institutions meeting requirements of non-bank credit institutions and the State
Bank;
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1. Non-bank credit institutions may establish their
branches and representative offices at home and abroad after being approved in
writing by the State Bank.
2. Conditions, dossiers, procedures on
establishment, termination and dissolution of branches and representative offices
of non-bank credit institutions are instructed by the State Bank.
Article 22. Charter of
non-bank credit institutions
1. Charter of non-bank credit institutions should
include main information as prescribed in Clause 1, Article 31 of the Law on
credit institutions and should not go against provisions prescribed in the Law
on credit institutions and other relevant law provisions. Non-bank credit
institutions shall be responsible to the law for contents of the Charter,
supplements or amendments made to the Charter.
2. Charter, amendments and supplements made to the
Charter shall take effect since being adopted by Shareholder general assembly,
the Board of Members.
3. Upon issuance of the license, the State Bank
shall confirm registration of the Charter by non-bank credit institutions; In
case of making amendments or supplements to the Charter, non-bank credit
institutions should register such amendments and supplements to the State Bank
within 15 days since they are adopted.
4. Non-bank credit institutions shall deliver one
application in person or by post to the State Bank for certification of
amendments or supplements. The application comprises:
a) Request form by President of the Board of
Directors, Chairman of the Board of Members of non-bank credit institutions or
representatives of such persons specifying reasons, necessities of amendments
and supplements to the Charter (accompanied by detailed annexes of current
Charter, amendments and supplements being made, legal foundations for such
amendments and supplements);
b) Resolution of Shareholder general assembly,
Resolution of the Board of Members adopting amendments and supplements made to
the Charter; The Resolution should specify the amendments and supplements;
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d) Other documents as requested by the State Bank
to clarify amendments and supplements (if any);
5. Within three working days since receipt of
adequate applications, the State Bank shall issue a written confirmation of the
amendments and supplements.
6. Upon finding contents of the Charter, amendments
and supplements to the Charter are not in compliance with laws, the State Bank
shall issue a written request to non-bank credit institutions for appropriate
amendments and supplements.
Article 23. Internal
regulations
1. Non-bank credit institutions should establish
internal regulations as prescribed in Article 93 of the Law on credit
institutions. Internal regulations, amendments and supplements to internal
regulations shall be adopted by Board of Directors, the Board of Members.
2. Right after adoption, non-bank credit
institutions should deliver the internal regulations, amendments and
supplements to the State Bank (Bank Supervision and Inspection Agency) for
inspection and supervision.
Article 24. Organizational and
management structure of non-bank credit institutions
1. Non-bank credit institutions should have an
organizational structure, an apparatus of management, internal audit, risk
management and internal control in accordance with types of operation as
prescribed in the Law on credit institutions and other relevant law provisions.
2. Organizational and management structure of
joint-stock non-bank credit institutions comprises: Shareholder general
assembly, Board of Directors, the Control Board, General Director (Director);
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Article 25. Risk management
committee and personnel committee
1. Board of Directors, the Board of Members should
establish the risk management committee and personnel committee and promulgate
the statute on organization of operation including mechanism of judgement on
proposals made by these two committees. Within ten days since promulgation,
non-bank credit institutions shall deliver these internal regulations to the
State Bank (Bank Supervision and Inspection Agency).
2. Each committee shall have at least three members
including the head as members of the Board of Directors, the Board of Members
and members appointed by Board of Directors, the Board of Members according to
the Charter of non-bank credit institutions. Each member of the Board of
Directors, the Board of Members shall act as head of only one committee.
For joint-stock non-bank credit organizations, the risk management
committee should have at least one member as independent members of Board of
Directors.
3. The Statute on organization and operation of the
committees comprise at least followings:
a) Working statute:
(i) Number of members of the committees and
responsibility of each member:
(ii) Regular meetings by the committees
(iii) Extraordinary meetings by the committees;
(iv) Decision-making by the committees;
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(i) Risk management committee:
- Act as advisor for Board of Directors, the Board
of Members in the adoption of processes, policies within competence of the
committees in connection with risk management according to law provisions and
the Charter of non-bank credit institutions;
- Conduct analysis and give warnings about
potential risks and measures faced by non-bank credit institutions, long-term
and short-term measures of prevention against such risks.
- Review and assess conformity and efficiency of
current processes, policies on risk management of non-bank credit institutions
to make proposals to Board of Directors, the Board of Members for the necessity
of changing current processes and policies, operational strategy;
- Act as advisor for Board of Directors, the Board
of Members in making decisions on investments, relevant transactions,
management policies and risk handling methods within duties and functions
tasked by Board of Directors, the Board of Members;
(ii) Personnel committee:
- Act as advisor for Board of Directors, the Board
of Members on scale and structure of Board of Directors, the Board of Members,
managers in accordance with operational scale and development strategy of
non-bank credit institutions;
- Act as advisor for Board of Directors, the Board
of Members in handling potential issues in connection with procedures on
election, appointment and dismissal of members of Board of Directors, the Board
of Members, members of the Control Board and managers of non-bank credit
institutions according to law provisions and the Charter of non-bank credit
institutions;
- Study and act as advisor for Board of Directors,
the Board of Members in promulgating internal regulations of non-bank credit
institutions within competence of Board of Directors, the Board of Members on
pay, remuneration, bonuses, recruitment, training and other benefits to
managers, officers, staff;
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1. Re-purchase of shares from shareholders of
joint-stock non-bank credit institutions should ensure full compliance with
laws.
2. Joint-stock non-bank credit institutions shall
be permitted to re-purchase shares from the shareholders if they ensure that
adequacy ratio in banking activities, actual value of charter capital is not
smaller than level of legal capital after payments for re-purchase of all
shares are completely made; in case re-purchase of shares results in a decrease
in charter capital of non-bank credit institutions, a written approval by the
State Bank should be obtained.
3. Sequence, procedures and applications for
re-purchase of shares those results in decrease in charter capital of
joint-stock non-bank credit institutions are instructed by the State Bank.
Article 27. Transfer,
re-purchase of stakes of limited liability non-bank credit institutions
1. Transfer or re-purchase of stakes should ensure
compliance with provisions of the Law on Enterprise.
2. Transfer of stakes should ensure compliance with
provisions on organization of non-bank credit institutions as prescribed in
Article 4 hereof.
3. Within five years since the license is granted,
founding members shall transfer stakes to other founding members.
4. Transfer of stakes should ensure charter capital
contribution ratio as prescribed in Clause 3, Article 6 hereof and meet
following requirements:
a) A transferee as a Vietnamese enterprise shall
comply with provisions set out in Clause 1, Article 12 herein;
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c) A transferee as a foreign credit institution
shall comply with provisions set out in Clause 3, Article 12 herein;
5. Requests for re-purchase of stakes:
a) Requests for re-purchase of stakes of capital
contributors, payment and settlement of stakes shall be stipulated in the
provisions on re-purchase of stakes prescribed in the Law on Enterprises.
b) After the payment for all re-purchased stakes is
fulfilled, the non-bank credit institution shall also ensure fulfillment of
payment for debts and other liabilities, adequacy ratio in banking activities,
and that actual value of the charter capital is not less than level of legal
capital.
c) Comply fully with regulations on risk management
and establishment of provisions as prescribed to the time of submission to the
State Bank for acceptance of re-purchase of stakes;
d) Make profitable business for five straight years
preceding the year of submission for re-purchase of stakes and have no
cumulative loss;
dd) Not being penalized by the State Bank for
administrative violations in the areas of currency and banking activities for
five straight years preceding the year of submission for re-purchase of stakes;
6. Transfer or re-purchase of stakes should be
approved in writing by the State Bank. Sequence, procedures and applications
for transfer or re-purchase of stakes are prescribed by the State Bank.
Chapter IV
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Article 28. Operation of
finance companies
Finance companies that meet requirements as
prescribed in Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 of Decree No.
39/2014/NĐ-CP, Articles 29, 30, 31, 32, 33, 35, 36 hereof and relevant law
provisions shall be eligible for performing activities as prescribed in
Articles from 108 – 111 of the Law on credit institutions.
Article 29. Conditions for
performance of factoring activities
1. Finance companies shall be eligible for
performing factoring activities when meeting following conditions:
a) Factoring activities must be stated in the
license;
b) Staff must obtain professional qualifications in
factoring operation, have knowledge of laws on commerce, payment and foreign
exchanges;
c) Have material base, technology, means, equipment
and internal regulations on factoring activities of credit institution,
branches of foreign banks according to regulations by the State Bank;
d) For factoring activities concerning foreign exchange
transactions, finance companies should comply with laws on foreign exchange
management;
dd) Have internal regulations on processes,
procedures and principles of identifying clients for tightening control and
prevention of acts of laundering, terrorism financing and other crimes;
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g) The finance companies established and operating
before the effective date of Decree No. 39/2014/NĐ-CP shall be eligible for
addition of factoring activities when meeting requirements as prescribed in
Points a, b, c, d, dd, e, this Clause and following requirements:
(i) Run profitable business at least in the year
preceding the year of submission of applications;
(ii) At least three years in operation;
(iii) Comply with regulations on adequacy ratio in
banking activities, classification of rentals and establishment of provisions
throughout the year preceding the year of submission of applications for
addition of activities;
(iv) Bad debt ratio below 3% throughout the year
preceding the year of submission of applications for addition of activities;
(v) Not being penalized for administrative
violations in the areas of currency and banking for one year calculated from
the time of submission of applications for addition of activities and earlier;
(vi) Have a factoring operation plan which
comprises at least following information: Necessities of factoring activities;
risk management and control measures in factoring activities; implementation
organization plan, efficiency of factoring operation and measures to ensure
compliance with regulations on safety in banking activities after addition of
factoring activities is approved;
2. Finance companies shall be eligible for
performing factoring activities after being approved by the State Bank.
Applications, sequence and procedures on addition of these activities are
prescribed in Article 18, Points a, b, c, d, Clause 2, Article 19 hereof.
Article 30. Requirements for
performing credit card activities
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a) Credit card activities must be stated in the
license;
b) Requirements prescribed in Point dd, Clause 1,
Article 29 hereof;
c) Professionally qualified staff, material base,
technology, means, equipment and internal regulations according to the State
Bank’s regulations on bank cards;
d) For credit card activities concerning foreign
exchange transactions, finance companies should comply with laws on foreign
exchange management;
dd) Comply with the State Bank’s regulations on
bank cards;
e) The finance companies established and operating
before the effective date of Decree No. 39/2014/NĐ-CP shall be eligible for
addition of credit card activities when meeting requirements as prescribed in
Points a, b, c, d, dd, this Clause and following requirements:
(i) Requirements prescribed in Points g(ii), g(iii),
g(iv), g(v), Clause 1, Article 29 hereof;
(ii) Run profitable business for at least two
straight years preceding the year of submission of applications;
(iii) Have operation plan which comprises at least
followings: Necessities of credit card activities; risk management and control
measures in credit card activities; implementation organization plan,
efficiency of credit card activities and measures to ensure compliance with
regulations on safety in banking activities after addition of credit card activities
is approved;
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Article 31. Conditions for
performing finance lease operations
1. Finance companies shall be eligible for
performing finance lease operations when meeting following requirements:
a) Finance lease operations must be stated in the
license;
b) Requirements prescribed in Point dd, Clause 1,
Article 29 hereof;
c) Staff must obtain professional qualifications in
finance lease, domestic and international commerce including knowledge of
commercial laws and professional competence in finance lease and foreign
exchanges;
d) Have material base, technology, means and
equipment for performance of finance lease operations;
dd) Have internal regulations on finance lease and
ensure the mechanism for internal controls, audits, risk management in finance
lease operations; These regulations should comprise at least followings:
(i) Criteria for identifying a client, a client and
relevant persons as prescribed, policies on finance lease for a client, a
client and relevant persons, regulations on the process of assessing and
granting approval for finance lease, principles of decentralization of power
and responsibility of each individual, department in assessment, decision and
approval for finance lease, and rescheduling of rentals ;
(ii) Requirements for eligibility for finance
lease, cases of ineligibility for finance lease or eligibility for limited
finance lease according to law provisions, types of assets ineligible for
finance lease; interest rates and interest calculation method; applications for
finance lease sent to the lessor by the lessee and relevant documents in
conformity with characteristics of the asset and clients; collection of
rentals; conditions for consideration of rental rescheduling and transfer of
overdue debts;
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(iv) Principles and criteria for assessment and
determination of level of risks in finance lease, areas receiving priority or
restrictions to provision of credits as foundations for establishment of annual
business plan, risk management measures;
(v) Processes of inspection and supervision of
finance lease, use of the asset and rental payment including controlling
before, during and after the finance lease; decentralization of power and
responsibility of individuals, departments in the inspection and supervision;
(vi) Examination and granting approval for finance
lease and rental rescheduling (including extension of rentals and
re-adjustments to rental payment time limits) shall be carried out on the
principle that the person who decides rental rescheduling is not the person who
decides finance lease unless the finance lease is passed by Board of Directors,
the Board of Members;
(vii) Termination and settlement of the finance
lease agreement terminated ahead of time; exemptions and remission of
interests, fees;
(viii) Identification of risks that may arise
during the finance lease; the process of monitoring, assessing and controling
risks; risk management methods;
e) Comply with regulations on finance lease
operations as prescribed in Article 35 hereof;
g) The finance companies established and operating
before the effective date of Decree No. 39/2014/NĐ-CP shall be eligible for
addition of finance activities when meeting requirements as prescribed in
Points a, b, c, d, dd, e, this Clause and following requirements:
(i) Requirements prescribed in Points e(i), e(ii),
Clause 1, Article 30 hereof;
(ii) Have a finance lease operation plan which
comprises at least followings: Necessities of finance lease operations; risk
management and control measures in finance lease operations; implementation
organization plan, efficiency of finance lease operation and measures to ensure
compliance with regulations on safety in banking activities after addition of
finance lease operations is made;
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Article 32. Activities of
factoring companies
Any factoring company that meets requirements as
prescribed in Articles 5, 6, 7, 8, 11, Clause 1, Article 15 of Decree No.
39/2014/NĐ-CP, requirements as prescribed in Points a, b, c, d, dd, e, Clause
1, Article 29 hereof and other relevant law provisions shall be eligible for
performing activities as prescribed in Clause 2, Article 15 of Decree No.
39/2014/NĐ-CP.
Article 33. Activities of
consumer credit companies
Any consumer credit company that meets requirements
as prescribed in Articles 5, 6, 7, 8, 9, 12, Clause 3, Article 15 of Decree No.
39/2014/NĐ-CP, requirements as prescribed in Points a, b, c, d, dd, Clause 1, Article
30 hereof and other relevant law provisions shall be eligible for performing
activities as prescribed in Clause 4, Article 15 of Decree No. 39/2014/NĐ-CP.
Chapter V
ACTIVITIES OF FINANCE LEASE COMPANIES
Article 34. Activities of
finance lease companies
1. Finance lease companies shall be eligible for
performing activities as prescribed in Articles from 112 – 116 of the Law on
credit institutions, Article 16 of Decree No. 39/2014/NĐ-CP, this Circular and
relevant law provisions.
2. Finance lease companies that meet requirements
as prescribed in Points a, b, c, d, dd, e, Clause 1, Article 31 hereof shall be
eligible for performing finance lease operations.
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1. The lessee should satisfy following conditions:
a) Have adequate civil legal capacity according to
law provisions;
c) Have an effective and feasible plan for
production and business; a feasible plan for use of capital and use of the
leased asset for the implementation of such plan in accordance with laws;
c) Have financial resources for fulfillment of
obligations undertaken in the finance lease agreement;
d) For domestic and foreign organizations, duration
of a finance lease should not exceed the remaining operation duration according
to the Establishment Decision or Operation License in Vietnam; for foreign
individuals, duration of a finance lease should not exceed the remaining
residence validity period in Vietnam.
2. Finance lease agreement:
a) The finance lease agreement is the agreement
between the lessor and lessee on a finance lease according to laws on finance
lease operations, this Circular and other relevant law provisions. The finance
lease agreement is an irrevocable contract.
b) The finance lease agreement should be made in
writing in accordance with laws on civil contracts and comprise at least
following information:
(i) Name and address of the lessor and lessee;
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(iii) Name, technical features, categories, prices,
period of delivery, receipt, installation and maintenance of the asset, quality
of the asset, other terms and conditions in relation to the asset;
(iv) Purposes of use of the asset;
(v) Rentals, time of acknowledgement receipt of
debts, interest rates, principles and factors of determining interests, time of
determining interest rates in case of application of adjustable interest rates;
fees and level of fees; other fees as prescribed;
(vi) Finance lease duration and rental payment time
limits;
(vii) Negotiations on transfer of overdue principals,
notifications of transfer of overdue principals, interest rates for outstanding
principals, interest rates for delayed interests;
(viii) Rights and obligations of the parties for
settlement of the finance lease agreement being terminated ahead of time according
to laws on finance lease;
(ix) Other terms and conditions of the agreement as
agreed by the lessor and lessee;
c) The finance lease agreement shall take effect
since it is agreed by the parties.
3. Rentals shall comprise principals determined on
the basis of asset purchase price, other relevant costs relating to the
purchase of the asset plus interests determined according to the State Bank’s
regulations.
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a) Interest rates shall be negotiated between the
lessor and lessee. Interest rates are calculated on the basis of annual
percentage rate;
b) In case the lessee violates obligations for
rental payment that is due, it shall pay the interests as follows unless
otherwise as regulated in Clause 9 of this Article:
(i) Interests for overdue principals as agreed the
two parties in the finance lease agreement but not in excess of 150% of the
interests within the lease duration immediately before such principals are
transferred to overdue debts.
(ii) In case the lessee delays payment of
interests, the lessee shall pay to the lessor interests of the delayed
interests according to the interest rate as agreed by the two parties but not
in excess of 10%/year over the amount of delayed interests during the delayed
period;
c) The lessor may conduct negotiations with the
lessee on collection of fees for arrangement of a syndicated finance lease
agreement and other fees as detailed in relevant legislative documents.
d) The lessor should provide accurate information
about finance lease interests, interests of overdue principals; principles,
factors and time of determining interests in case of application of adjustable
interest rates, fees and level of fees to the lessee for consideration and decision
on execution of the finance lease agreement.
5. Rental rescheduling:
The lessor shall consider and decide rental
rescheduling at the request of the lessee, assess creditworthiness of the
lessee and financial resources of its own as follows:
a) The lessee shall be considered by the lessor for
extension of rental payment time limits if it is found to be able to pay all
principals and/or interests according to the time limits as adjusted.
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c) Rental rescheduling may be carried out before or
in the last day of lease duration, rental payment time limits.
6. Currency used in finance lease:
The lessor shall perform finance lease operations
in Vietnam dong unless otherwise as regulated in Clause 7 of this Article.
7. Finance lease in foreign currencies:
Apart from requirements as prescribed in Points a,
b, c, d, dd, e, Clause 1, Article 31 hereof, finance lease operations in
foreign currencies should meet following conditions:
a) For the lessor:
(i) Grant finance lease in foreign currencies
according to laws on foreign exchange;
(ii) Pay the expenses for importation of the leased
asset to the supplier in foreign currencies;
b) For imported asset;
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(i) Use the asset for production and business;
(ii) Have sufficient sources of foreign currency
collected from production and business for paying rentals;
(iii) Acknowledge receipt of debts and pay rentals
in foreign currencies;
8. Penalties for violations and compensation for
losses:
a) Both parties may conduct negotiations on
penalties for violations, compensations for losses according to law provisions
in case either of the parties fails to comply with terms and conditions under
the finance lease agreement (unless otherwise as regulated in Point b, Clause 4
hereof);
b) Both parties may negotiate that the offending
party shall incur penalty without compensations for losses or both penalty and
compensation.
Where both parties agree to penalty but refuse to
agree on combination of penalty and compensation, the former shall prevail.
9. Termination of the finance lease agreement ahead
of time:
a) Termination of finance lease agreement ahead of
time is instructed in Article 21 of Decree No. 39/2014/NĐ-CP;
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c) In case the finance lease agreement is
terminated ahead of time as prescribed in Points a, b, Clause 1, Article 21 of
Decree No. 39/2014/NĐ-CP, the lessee shall pay all remaining rentals including:
(i) Remaining principals;
(ii) Remaining interests payable from the time of
termination ahead of time to the time the agreement is closed according to
agreement. In case the finance lease agreement does not provide such
regulations or the two parties have no other agreements, the remaining
interests payable shall be based on ordinary interest rates at the most recent
time before the time of termination of the agreement ahead of time.
(iii) Unpaid ordinary and overdue interests up to
the time of termination of the agreement ahead of time;
(iv) Interests of delayed interests to the time of
termination of the agreement ahead of time;
d) In case the lessee is unable to pay the
remaining principals as prescribed in Point c of this Clause, the lessor shall
also incur interests of the delayed payments as prescribed below:
A = B - C
Where:
A: Interests of delayed remaining principals as
prescribed in Point c of this Clause
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C: Remaining interests payable under the finance
lease agreement as prescribed in Point c(ii) of this Clause from the time of
termination of the agreement ahead of time to the time all principals are paid.
In case the lessee is unable to pay all principals before the time of closing the
agreement according to the agreement, C shall be all equivalent to all the
remaining interests payable under the agreement as prescribed in Point c(ii) of
this Clause.
Article 36. Purchase and
sublease
1. Principles of purchase and sublease:
a) Purchases and subleases should be carried out
through the asset purchase agreement and finance lease agreement between the
party that purchases and sublets the asset (hereinafter referred to as ‘the
buyer’) and the party that sells and rents back the asset (hereinafter referred
to as ‘the seller’) The asset purchase agreement shall take effect since
the finance lease agreement takes effect;
b) In purchase and sublease transactions, the buyer
shall be the legal owner of the asset that is purchased and sublet (hereinafter
referred to as ‘the sublet asset’) in the form of finance lease according to
regulations on finance lease as prescribed hereof. Transfer of ownership of the
sublet asset from the seller to the buyer is carried out according to laws;
{2. The sublet asset:
Upon transactions of purchase and sublease, the
sublet asset should meet following conditions:
a) Legally owned by the seller;
b) No dispute;
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d) Working normally;
dd) The sublet asset is the leased asset as
prescribed in Clause 12, Article 3 hereof.
3. Asset purchase agreement:
The asset purchase agreement should include
following information: Name and address of the parties; purpose of the
purchase; description of the sublet asset; price; payment terms; time and venue
of signing the contract; rights and obligations of the parties; penalties for
violations and other information in accordance with laws on purchase and sale
of assets;
4. Rights and obligations of the parties in
transactions of purchase and sublease:
a) Rights and obligations of the buyer:
(i) Request the seller to provide asset-related
information;
(ii) Request the seller to issue the invoice and
hand over originals of legal papers and other documentary evidence in
connection with the asset;
(iii) Request the seller to make compensations for
damage caused by disputes arising in connection with the asset and ownership of
the seller;
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(v) Comply fully with terms and conditions under
the asset purchase agreement;
b) Rights and obligations of the seller:
(i) Receive the payment made by the buyer as agreed
in the asset purchase agreement;
(ii) Provide adequate, accurate and authentic information
and materials in connection with the asset at the request of the buyer;
(iii) Issue the invoice and hand over originals of
legal papers and other documentary evidence in connection with the asset;
(iv) Make compensations to the buyer for damage
caused by disputes arising in connection with the asset and ownership of the
seller;
(v) Comply fully with terms and conditions under
the asset purchase agreement;
c) Apart from rights and obligations as prescribed
in Points a, b of this Clause, the buyer and seller also have rights and
obligations as prescribed in Articles from 17 - 20 of Decree No. 39/2014/NĐ-CP
and relevant law provisions;
5. Currencies used in purchase and sublease:
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6. Purchase and sublease in foreign currencies:
Purchase and sublease in foreign currencies shall
be accepted when following requirements are met:
a) Apart from requirements as prescribed in Points
a, b, c, d, dd, e, Clause 1, Article 31, Point a(i), c, Clause 7, Article 35,
Points a, b, d, dd, Clause 2 of this Article, activities of purchase and
sublease in foreign currencies should also meet following conditions:
(i) The sublet asset is the imported goods;
(ii) The seller still has credit balance in foreign
currency at the bank for importation of the asset.
b) Payment for purchase of the sublet asset in
foreign currency:
(i) The buyer shall carry out purchase and sublease
of the asset when the seller provides sufficient legal documents in connection
with the asset. In case the bank or a foreign supplier holds and keeps the
records of the asset, the buyer shall make the payment after negotiations with
the bank or the foreign supplier for provision of the records have been done.
(iii) The buyer shall make payment to the bank or
the foreign supplier in foreign currency in proportion to value of the asset.
In case the price for purchase of the asset is larger than the credit balance
at the bank, the buyer shall pay the seller the difference in Vietnam dong
according to exchange rate of commercial banks agreed by the two parties at the
date of payment.
(iii) After the buyer makes
payment for the purchase of the sublet asset, the seller shall acknowledge the
receipt of debt and pay rentals in foreign currency according to applicable
regulations on finance lease.
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1. The finance leasing company shall provide loans
to the lessee as additional working capital for serving management, operation
and use of the leased asset.
2. Provision of loans as
additional working capital by the finance leasing company to the lessee is
instructed in the State Bank’s regulations on loans provided by credit
institutions, branches of foreign banks.
Article 38. Operating lease
activities
1. Operating lease assets include machinery,
equipment, means of transport, other movable assets and real estate as
prescribed in Clause 2, Article 132 of the Law on credit institutions.
2. The finance leasing company that performs
operating lease activities should comply with regulations on lease of assets in
the Civil Code and other relevant law provisions.
3. Operating lease agreement:
a) The operating lease agreement is an agreement between
the finance leasing company and the lessee for the lease of one or a number of
assets as prescribed in Clause 1 of this Article. The finance lease agreement
shall take effect since it is agreed by the parties.
b) The operating lease agreement should comprise at
least following information:
(i) Name, address and tax codes of the finance
leasing company, the lessee;
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(iii) Lease duration;
(iv) Rentals;
(v) Responsibility of the parties for insurance,
maintenance, assessment, repairs, replacement and other responsibilities for
the leased asset as agreed during the lease term;
(vi) Rights and obligations of the finance leasing
company and the lessee for operation lease activities, termination of the
operating lease agreement ahead of time in accordance with civil laws and
relevant law provisions;
Chapter VI
TRANSITIONAL PROVISIONS
Article 39. Transitional
provisions
1. Since this Circular takes effect, any finance
company that violates provisions set out in Points a, b, c, d, dd, Clause 1,
Article 29, Points a, b, c, d, Clause 1, Article 30, Points a, b, c, d, dd,
Clause 1, Article 31 hereof; any finance leasing company that violates
provisions set out in Points a, b, c, d, dd, Clause 1, Article 31 hereof shall
be handled as follows:
a) Not allowed to sign new contracts for factoring,
issuance of credit cards and finance lease until all requirements as prescribed
hereof are met;
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(i) Specific requirements that finance companies
and finance lease companies are unable to meet as prescribed;
(ii) Specific measures and handling plan to ensure
satisfaction of all requirements as prescribed within six months since this
Circular takes effect;
2. Finance lease companies that have the contracts
for loans, finance lease, purchase and sublease in the form of finance lease,
the contracts for operating lease signed before the effective date of this
Circular and in accordance with law provisions at the time of signing shall be
eligible for keeping the execution of such contracts until their validity
expires. Amendments, supplements and extensions to the abovementioned contracts
shall be made if they are in compliance with this Circular and relevant law
provisions.
3. For assets other than the leased asset as
prescribed in Clause 12, Article 3 hereof in the finance lease agreements
signed before the effective date of this Circular and terminated ahead of time
as prescribed in Points a, b, c, Clause 1, Article 21 of Decree No.
39/2014/NĐ-CP, the lessor may continue to perform finance lease operations for
such assets according to provisions as prescribed hereof and laws on recovery
and handling of leased assets.
4. Within 40 days since the effective date of this
Circular, finance companies, finance lease companies should deliver the
handling measure in person or by post to the State Bank (Bank Supervision and
Inspection Agency) according to Clause 1 of this Article.
Finance companies and finance lease companies shall
be responsible for making amendments, supplements and adjustments to the
handling measure and implementation progress at the request of the State Bank.
Article 40. Post-transition
handling
After maximum transitional period as prescribed in
Clause 1, Article 39 hereof or after maximum duration as requested by the State
Bank, the State Bank shall take necessary measures including re-structuring
according to law provisions, restricting operation, recovering licenses of
finance companies or finance lease companies that fail to overcome violations
made.
Chapter VII
...
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Article 41. Responsibility of
affiliates of the State Bank
1. Bank Supervision and Inspection Agency:
a) Act as a central role in cooperating with
relevant agencies, departments of the State Bank, provincial and municipal
branches of the State Bank in assessment of applications for licensing; make
submission to the State Bank for authorities to collection suggestions from
People’s committees of central-affiliated cities and provinces where non-bank
credit institutions are expected to be headquartered and the Ministry of Public
Security (if necessary);
b) Act as a central role in receiving, assessing
and applications for licensing and addition of banking activities to the
license and making the submission to Governor of the State Bank for
consideration;
c) Submit registrations for the Charter, amendments
and supplements to the Charter to the State Bank for certification;
d) The Banking Inspection and Supervision Agency
where non-bank credit institutions are headquartered shall inspect and suspend
opening of non-bank credit institutions that fail to meet requirements as
prescribed in Clause 2, Article 10 hereof;
dd) Inspect and supervise compliance with
provisions prescribed hereof by non-bank credit institutions;
e) Handle violations committed by non-bank credit
institutions according to law provisions;
2. Finance – Accounting Agency:
...
...
...
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3. Forecast and Statistics Agency:
Provide instructions on statistical reporting on
activities of non-bank credit institutions as prescribed hereof;
4. Provincial and municipal branches of the State
Bank:
a) Within 30 days since Bank Supervision and
Inspection Agency issues a written request, provincial and municipal branches
of the State Bank where non-bank credit institutions are headquartered shall
examine applications for licensing;
b) Provincial and municipal branches of the State
Bank where non-bank credit institutions are headquartered shall inspect and
suspend opening of non-bank credit institutions that fail to meet requirements
as prescribed in Clause 2, Article 10 hereof (for administrative divisions
without Banking Inspection and Supervision Agency);
c) Inspect, supervise and handle violations
committed by non-bank credit institutions according to regulations on
functions, tasks, powers and organizational structure of provincial and
municipal branches of the State Bank.
Chapter VIII
IMPLEMENTARY PROVISIONS
Article 42. Effect
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2. Since this Circular takes effects, following
provisions and documents shall become invalid:
a) Clauses 2, 3, 4, 5, 6, 7, 8, 9 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
35, 36, 37, 38, 39, 40, 41, 42, 43 of the State Bank’s Circular No.
06/2002/TT-NHNN dated December 23, 2002 providing guidance on the
implementation of Decree No. 79/2002/NĐ-CP;
b) Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33,
34, 35, 36, 37 of Circular No. 06/2005/TT-NHNN dated October 12, 2005;
c) Decision No. 40/2007/QĐ-NHNN dated November 02,
2007 by Governor of the State Bank regulating issuance of establishment and
operation licenses to joint-stock non-bank credit organizations;
d) The State Bank’s Circular No. 05/2006/TT-NHNN
dated July 25, 2006;
d) The State Bank’s Circular No. 07/2006/TT-NHNN
dated September 07, 2006;
e) The State Bank’s Circular No. 02/2007/TT-NHNN
dated May 21, 2007;
g) Decision No. 731/2004/QĐ-NHNN dated June 15,
2004 by Governor of the State Bank providing temporary regulations on operating
lease of finance lease companies;
h) Articles 5, 6, 7 of the State Bank’s Circular
No. 24/2011/TT-NHNN dated August 31, 2011 implementing the scheme of
administrative procedure simplification in banking establishment and operation
under the resolutions of the government on the simplification of administrative
procedures within the jurisdiction of the State Bank;
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Chief Officer, Banking Chief Inspector, heads of
units affiliated to the State Bank, directors of provincial and municipal
branches of the State Bank, presidents and members of the Board of Directors,
the Board of Members, heads and members of the Control Board, General Director
(Director) of non-bank credit institutions shall be responsible for executing
this Circular ./.
PP THE GOVERNOR
DEPUTY GOVERNOR
Nguyen Kim Anh
ANNEX NO. 01
REQUEST FORM FOR ISSUANCE OF ESTABLISHMENT AND
OPERATION LICENSES TO NON-BANK CREDIT ORGANIZATIONS
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
----------------
......... ,
Date......
...
...
...
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Respectfully
addressed to: Governor of the State Bank of Vietnam
Pursuant to the Law on the State bank of Vietnam
No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Government’s Decree No.
39/2014/NĐ-CP dated May 07, 2014 on activities of finance companies and finance
lease companies;
Pursuant to the Governor's Circular
No........./2015/TT-NHNN dated regulating licensing, organization and operation
of non-bank credit institutions;
Pursuant to the written record of founding
conference dated....;
Founding shareholders and founding members of Company...
(*) on behalf of capital contributing shareholders (members) or owners of
Company... (*) formally request that Governor of the State Bank of Vietnam
consider and issue the establishment and operation license to the non-bank
credit institution as follows:
1. Manner of organization:
2. Name of non-bank credit institution:
...
...
...
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- Abbreviated names in Vietnamese (if any)
- Full name in English
- Abbreviated names in English (if any)
- Business name (if any)
3. Names of provinces, cities where the
organization is expected to be headquartered:
4. Activities:
5. Operation duration:
6. Charter capital: ... ... Vietnam dong (in
words..........), of which ratio of capital contribution by founding
shareholders (members) is recorded as follows:
No.
...
...
...
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Address
Number of
establishment license or Certificate of Enterprise registration or equivalent
documents, or number of ID card, passport
Value of
contributed capital
Ratio of
contributed capital
1
Company A
...
...
...
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2
Nguyen Van B
3
...
...
...
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7. Lists of persons expected to be elected,
appointed as members of the Board of Directors, the Board of Members, members
of the Control Board and General Director (Director) of non-bank credit
organizations (specify full name and title requested for approval);
We shall undertake to:
- Take responsibility to the law for accuracy,
adequacy and honesty of the information contained in the request form and
applications for licensing;
- Perform enterprise registration, operation
opening registration and publication of information according to law
provisions;
- Comply strictly with regulations of the law, the
State Bank of Vietnam and the Charter of non-bank credit institutions;
Founding shareholders, members and owners of
Company ... (*)
(Founding shareholders are individuals who sign and
write their full names. Founding members, members and owners of the
organization shall be represented by legal representatives to sign, affix stamp
and write full names)
...
...
...
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(*) Name of non-bank credit institution that makes
request for establishment;
ANNEX NO. 02
CURRICULUM VITAE
(enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
Color photo
(4x6) with stamp affixed on adjoining edges by certifying body
SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom - Happiness
----------------
...
...
...
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1. Personal information
- Full name (according to birth certificate):
- Nickname:
- Date of birth:
- Place of birth:
- Nationality:
+ Original nationality:
+ Current nationalities:
- Address of resident registration:
...
...
...
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- Address of current residence:
- Numbers of ID card or passport or other
authenticated personnel papers; place of issuance, date of issuance and issuing
body:
- Name and address of legal person; amount and ratio
of contributed capital (in case of persons representing contributed capital of
legal person):
2. Education level
Name of school; name of city, country where the
school is headquartered; name of academic course; study period; name of diploma
(make a list of degrees, training programs in connection with standards and
requirements for titles to be elected or appointed);
3. Employment history
- Past employment, occupation and titles held (From
18 years of age until now), place of residence, summary of main characteristics;
- Titles currently held in other organizations;
- Titles expected to be elected (appointed) in
non-bank credit institution;
...
...
...
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4. Declaration of relevant persons
Declaration of persons in connection with persons
who are expected to be elected, appointed as managers and other titles of
non-bank credit institutions;
5. Commitments:
- I hereby undertake not to violate regulations of
the law, the State Bank of Vietnam and Charter of non-bank credit institutions;
- I guarantee the aforesaid statements are true and
take full responsibility for such statements;
(Apart from abovementioned information, the
declarant may make other supplements if found necessary)
Confirmations by current employer or People’s committees where your residence
is registered
..., dated...
Declarant
(Signature and full name)
...
...
...
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ANNEX NO. 03
LIST OF SHAREHOLDERS (MEMBERS) CONTRIBUTING CAPITAL
FOR ESTABLISHMENT OF NON-BANK CREDIT ORGANIZATIONS
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
LIST OF
SHAREHOLDERS (MEMBERS) CONTRIBUTING CAPITAL FOR THE ESTABLISHMENT OF COMPANY
... (*)
No.
Names of
shareholders (members)
Address
Number of
establishment license or Certificate of Enterprise registration or equivalent
documents, or number of ID card, passport
Value of
contributed capital
Number of shares
...
...
...
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Ratio of
contributed capital
I. Founding shareholders (members):
Organizations
1
Company A
...
...
...
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2
...
...
...
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3
Nguyen Van A
4
...
...
...
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II. Other capital contributing shareholders
(members)
Organizations
5
...
...
...
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6
...
...
...
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Individuals
...
...
...
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Nguyen Van B
8
...
...
...
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Head of
preparatory committee (Signature and full name)
_______________
...
...
...
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ANNEX NO. 04A
SHARE PURCHASE FORM (FOR INDIVIDUALS)
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
----------------
Date......
SHARE PURCHASE
FORM
Respectfully
addressed to: Preparatory committee for establishment of Company ... (*)
1. Individuals making requests for share purchase
- Full name: (Officially registered name in
capitals)
...
...
...
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- Numbers of ID card or passport or other
authenticated personnel papers; place of issuance, date of issuance and issuing
body:
- Current working place and title:
- Phone number:
- Nationality:
- Address of resident registration:
- Address (according to ID card or passport):
- Address of current residence:
2. Content of registration for share purchase:
- Number of shares to purchase, types of shares,
value and ratio of ownership versus charter capital:
...
...
...
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3. Contribution of capital and purchase of shares
from other organizations:
- Name of credit institutions, enterprises to which
the individual has the contributed capital:
- Amount and ratio of contributed capital and
versus total charter capital of such credit institutions, enterprises;
4. Commitments:
After studying the Charter of Company ... (*) and
regulations of relevant laws, I hereby undertake to:
a) Purchase the number of shares and make the
payments as registered;
b) Do not use capital trust, working capital or
loans from credit institutions, branches of foreign banks and other
organizations and individuals for contribution of capital; take responsibility
to the law for legality of sources of capital contributed for the establishment
of joint-stock non-bank credit institutions;
c) Comply with provisions as prescribed in the
Charter of Company ... (*), internal regulations of Company ... (*) and other
law provisions;
d) Be fully responsible for honesty, accuracy and
adequacy of accompanying documents;
...
...
...
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Purchaser
(Signature and full name)
_______________
(*) Name of non-bank credit institution that makes
request for establishment;
ANNEX NO. 04B
SHARE PURCHASE FORM (FOR ORGANIZATIONS)
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
----------------
Date......
...
...
...
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Respectfully
addressed to: Preparatory committee for establishment of Company ... (*) (*)
1. Organization that makes request for purchase of
shares:
- Name of organization: (Officially registered name
in capitals)
- Number of establishment license or Certificate of
Enterprise registration or equivalent documents issued by.......dated.....:
- Charter capital:
- Address of head office:
- Phone number:
- Facsismile:
2. Legal representative:
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Date of birth:
- Current title in the organization:
- Numbers of ID card or passport, place of
issuance, date of issuance, issuing body:
- Nationality:
- Address of resident registration:
- Address of current residence:
3. Persons appointed as representatives of stakes in
Company ... (*):
- Full name:
- Date of birth:
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Relationship with the organization (if not
working for such organization):
- Numbers of ID card or passport, place of
issuance, date of issuance, issuing body:
- Nationality:
- Address of resident registration:
- Address of current residence:
4. Content of registration for share purchase:
- Number of shares to purchase:
- Types of shares
- Value:
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Time of payment:
5. Contribution of capital and purchase of shares
from other organizations:
- Name of credit institutions, enterprises to which
the organization has the contributed capital:
- Amount and ratio of contributed capital, shares
purchased versus total charter capital of such credit institutions,
enterprises;
6. Commitments:
After studying the Charter of Company ... (*) and
relevant law provisions, (name of the organization requesting purchase of
shares) undertakes to:
a) Purchase the number of shares and make the
payments as registered;
b) Do not use capital trust, working capital or
loans from credit institutions, branches of foreign banks and other
organizations and individuals for contribution of capital; take responsibility
to the law for legality of the money contributed for the establishment of
joint-stock non-bank credit institutions;
c) Comply with regulations of the Charter of
Company ... (*), internal regulations of Company ... (*) and relevant law
provisions;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Legal
representative of organization
(Signature, full name, title and stamp)
_______________
(*) Name of non-bank credit institution that makes
request for establishment
ANNEX NO. 05
DECLARATION OF RELEVANT PERSONS
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
----------------
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Information about declarant
2. Information about relevant persons
No.
Relevant persons
Relationship with
declarant
Having contributed
capital to the credit organization
Ratio of
contribution of charter capital for establishment of Company ... (*)
Name and address
of credit organization
Ratio of charter
capital contributed to the credit organization (%)
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(1)
(2)
(3)
(4)
(5)
(6)
1
Nguyen Van A
Declarant
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2
Nguyen Thi B
3
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
…
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Total
% (details of each
credit organization)
I guarantee that abovementioned statements are true
and shall be responsible to the law for any wrong statement made.
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
_______________
(*) Name of non-bank credit institution that makes
request for establishment
INSTRUCTIONS ON
FORM-BASED DECLARATION
1. In ‘information about declarant’: Declare
information about shareholders, owners, and members contributing capital for
the establishment of non-bank credit organizations;
a) For individuals, following information should be
declared:
- Full name:
- Common name;
- Date of birth;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Address of current residence;
- Number of ID card or passport or other
authenticated personal papers; place of issuance, date of issuance, issuing
body;
- Titles elected or appointed in the non-bank
credit institution under request for establishment;
b) For organizations, following information should
be declared:
- Name of organization;
- Address;
- Number of establishment license or Certificate of
Enterprise registration or equivalent documents; place of issuance, date of
issuance, issuing body;
2. In ‘information about relevant persons’:
2.1. Column (3): Fill in column (3) in reliance on
actual relationship of relevant persons in column (2) as prescribed in the Law
on credit organizations and relevant law provisions;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2.3. Column (5): Specify ratio of share ownership
or contributed charter capital of the credit institution at the time of
registration ... (*).
2.4. Column (6): Specify ratio of capital
contributed for the establishment of Company ... (*) Pursuant to annexes No.
04A, 04B hereof;
2.5. For the declaration in (7): In case of
organizations, the person who signs under the declarant is legal representative
of the organization and affixes stamp.
ANNEX NO. 06
DECLARATION OF HISTORY OF CREDIT RELATIONSHIP OF
INDIVIDUALS CONTRIBUTING CAPITAL FOR ESTABLISHMENT OF NON-BANK CREDIT
INSTITUTIONS
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
DECLARATION OF
HISTORY OF CREDIT RELATIONSHIP OF INDIVIDUALS
1. Full name:
2. Date of birth;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Bank account number:
5. Occupations, areas of business:
6. Information about history of credit relationship
- Names of credit institutions, branches of foreign
banks:
- Address:
- Number of establishment license or Certificate of
Enterprise registration or equivalent documents:
- Deposits at credit institutions, branches of
foreign banks to the time of declaration:
- Outstanding loan balance at credit institutions,
branches of foreign banks to the time of declaration:
- Overdue debts in most recent time:
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
+ Time Month/year
+ Reality of handling of bad debts (Detail the
handling of bad debts to the time of declaration):
..., dated...
Declarant
(Signature and full name)
ANNEX NO. 07
DECLARATION OF HISTORY OF CREDIT RELATIONSHIP OF
ORGANIZATIONS CONTRIBUTING CAPITAL FOR ESTABLISHMENT OF NON-BANK CREDIT
INSTITUTIONS
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
DECLARATION OF
HISTORY OF CREDIT RELATIONSHIP OF ORGANIZATIONS
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Tax code:
3. Areas of business:
4. Information about history of credit relationship
- Names of credit institutions, branches of foreign
banks:
- Address:
- Number of establishment license or Certificate of
Enterprise registration or equivalent documents:
- Deposits at credit institutions, branches of
foreign banks to the time of declaration:
- Outstanding loan balance at credit institutions,
branches of foreign banks to the time of declaration:
- Overdue debts in most recent time:
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
+ Time Month/year
+ Reality of handling of bad debts (Detail the
handling of bad debts to the time of declaration):
..., dated...
Legal representative of organization (Signature, full name,
title and stamp)
ANNEX NO. 08
REPORT ON FINANCIAL RESOURCES FOR CONTRIBUTION OF
CAPITAL FOR ESTABLISHMENT OF NON-BANK CREDIT INSTITUTIONS BY ORGANIZATIONS
OTHER THAN COMMERCIAL BANKS
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
----------------
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Information about the organization:
- Name of the organization (Officially registered
name in capitals)
- Number of establishment license or Certificate of
Enterprise registration or equivalent documents issued by.......dated.....:
- Charter capital:
- Address of head office:
- Phone number:
- Facismile:
- Legal representative:
2. Financial resources for contribution of
capital for the establishment of Company ... (*)
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- B: Long-term asset (3) minus long-term
liabilities used for investment of long-term assets (4)
- C: Financial resources for contribution of
capital for the establishment of Company ... (*)
(C = A – B)
Conclusion: Financial resources are sufficient for
contribution of capital for the establishment of Company ... Notes:
- (1): To the preparatory committee
- (2), (3), (4): Taken from most recent financial
statements audited by independent audit organization;
Legal
representative of organization
(Signature, full name, title and stamp)
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(*) Name of non-bank credit institution that makes
request for establishment
ANNEX NO. 09A
SPECIMEN LICENSE FOR ESTABLISHMENT AND OPERATION
OF GENERAL FINANCE COMPANIES (Enclosed with the Governor’s Circular No.
30/2015/TT-NHNN dated December 25, 2015)
THE STATE BANK
OF VIETNAM
--------
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
----------------
No.
/GP-NHNN
Hanoi ,
dated...…..
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Governor of the
State Bank of Vietnam
Pursuant to the Law on the State bank of Vietnam
No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Government's Decree No.
156/2013/NĐ-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State bank of Vietnam;
Pursuant to the Government’s Decree No.
39/2014/NĐ-CP dated May 07, 2014 on activities of finance companies and finance
lease companies;
Pursuant to Circular No........./2015/TT-NHNN dated
regulating licensing, organization and operation of non-bank credit
institutions;
In considering the written request for issuance of
the license and accompanying submissions (for issuance of new license)/in
considering the written request for renewal of the license and accompany
submissions (for renewal of the license) At the request of Chief Inspector and
Supervisor of the banks,
HEREBY DECIDE:
Article 1. Grant approval for the
establishment of Finance Company ... (*) (in case of issuance of the license)/
Grant approval for renewal of the license No. ... dated ... to Company ... (*)
(in case of renewal of license) as follows:
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Full name in Vietnamese:- Abbreviated names in
Vietnamese (if any)……….....;
- Full name in English …………………..;
- Abbreviated names in English (if any)
…............;
- Business name (if any) …………………….
2. Address of head office: ………………………..
Article 2. Charter capital of Finance
Company ... (*) is ... (in words: ... )
Article 3. Operation duration of Finance
Company ... (*) is ... years (in case of issuance of license)/ Operation
duration of Finance Company (*) is ... years (the duration as stated in the
license previously issued by the State Bank) since ... (the date as stated in
the license previously issued by the State Bank) (in case of renewal of
license)Article 4. Operation
Finance Company ... (*) may perform activities of a
general finance company according to regulations of the Law and the State Bank
including following activities :
1. Mobilize capital in following forms:
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Issue certificates of deposit, exchange bills,
treasury bills, bonds to mobilize capital;
c) Apply for loans from credit institutions,
financial institutions at home and abroad according to law provisions;
d) Apply for loans from the State Bank in the form
of refinancing according to the Law on the State Bank of Vietnam;
2. Extend credits in the following forms:
a) Provide loans including installment loans,
consumer loans;
b) Discount, rediscount negotiable instruments,
other valuable papers;
c) Bank guarantees;
d) Issue credit cards;
dd) Factoring;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) Other forms of credit extension (after being
approved by the State Bank);
3. Other activities:
a) Open deposit accounts at the State Bank;
b) Open payment accounts at commercial banks,
branches of foreign banks;
c) Open accounts at foreign banks according to the
law on foreign exchange (for finance companies eligible for issuance of credit
cards);
d) Open deposit accounts, loan management accounts;
dd) Contribute capital and purchase shares
according to regulations of the State Bank;
e) Receive capital trust from the Government,
organizations and individuals to carry out investments to projects on
production, business, and credit extension, entrust capital to credit
institutions that perform credit extension according to regulations of the
State Bank;
g) Take part in bidding for treasury bills, sale
and purchase of negotiable instruments, Government bonds, corporate bonds,
treasury bills of the State Bank and other valuable papers according to law
provisions;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) Trade and supply foreign exchange services
according to regulations of the State Bank;
k) Act as insurance agency;
l) Supply consultancy services in the areas of
banking, finance and investment;
m) Supply services of management and protection of
assets to clients;
Article 5. During the operation, Finance
Company ... (*) should comply with Vietnamese Law.
Article 6. This License takes effect since
the signing date (in case of issuance of new license)/This License takes effect
since the signing date and supersedes the License No..... accompanied by
written approvals in connection with amendments and supplements to the License
(in case of renewal of the License).
Article 7. The license for establishment and
operation of Finance Company ... (*)/ New license issued to Finance Company ...
(*) is made into five (05) originals :One (01) copy issued to Finance Company
... (*); One (01) copy for enterprise registration; three (03) copies kept at
the State Bank (One (01) in the office of the State Bank, one (01) in the
Banking inspection and supervision agency or provincial & municipal
branches of the State Bank, one (01) put in the applications for licensing/renewing
license);
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
_______________
(*) Name of Finance Company requesting
establishment/renewal of license;
ANNEX NO. 09B
SPECIMEN LICENSE FOR ESTABLISHMENT AND OPERATION
OF FACTORING COMPANY
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
THE STATE BANK
--------
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
----------------
No.
/GP-NHNN
Hanoi ,
...dated .....
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
LICENSE FOR
ESTABLISHMENT AND OPERATION OF FINANCE COMPANY ... (*)
THE GOVERNOR OF THE
STATE BANK OF VIETNAM
Pursuant to the Law on the State Bank of Vietnam
No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Government's Decree No.
156/2013/NĐ-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State bank of Vietnam;
Pursuant to the Government’s Decree No.
39/2014/NĐ-CP dated May 07, 2014 on activities of finance companies and finance
lease companies;
Pursuant to Circular No........./2015/TT-NHNN dated
regulating licensing, organization and operation of non-bank credit
institutions;
In considering the written request for issuance of
the license and accompanying submissions (for issuance of license)/In
considering the written request for renewal of the license and accompanying
submissions (for renewal of license);
At the request of chief inspector and supervisor of
the banks,
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 1. Grant approval for the
establishment of Finance Company ... (*) (in case of issuance of license)/
Grant approval for the renewal of the License No.... dated ... to Finance
Company ... (*) (in case of renewal of license) as follows :
1. Name of Finance Company:
- Full name in Vietnamese:
........................;
- Abbreviated names in Vietnamese (if any)……….....;
.....;
- Full name in English …………………..;
.....................;
- Abbreviated names in English (if any)
............
- Business name (if any) .................
2. Address of head office:
.................................
Article 2. Charter capital of Finance
Company ... (*) is ... (in words: ... )Article 3. Operation duration of
Finance Company ... (*) is ... years (in case of issuance of license)/
Operation duration of Finance Company ... (*) is ... years (the duration as
prescribed in the license previously issued by the State Bank) since ... (the
date as stated in the license previously issued by the State Bank) (in case of
renewal of the license).
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Finance Company ... (*) may perform activities of a
factoring company according to regulations of the Law and the State Bank
including following activities:
1. Mobilize capital in following forms:
a) Receive deposits;
b) Issue certificates of deposit, exchange bills,
treasury bills, bonds to mobilize capital;
c) Apply for loans from credit institutions,
financial institutions at home and abroad according to law provisions;
d) Apply for loans from the State Bank in the form
of refinancing according to the Law on the State Bank of Vietnam;
2. Extend credits in the following forms:
b) Discount, rediscount negotiable instruments,
other valuable papers;
dd) Factoring;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Open deposit accounts at the State Bank;
b) Open payment accounts at commercial banks,
branches of foreign banks;
d) Open deposit accounts, loan management accounts;
dd) Contribute capital and purchase shares
according to regulations of the State Bank;
i) Trade and supply foreign exchange services
according to regulations of the State Bank;
k) Act as insurance agency;
l) Supply consultancy services in the areas of
banking, finance and investment;
m) Supply services of management and protection of
assets to clients;
g) Take part in bidding for treasury bills, sale
and purchase of negotiable instruments, Government bonds, corporate bonds,
treasury bills of the State Bank and other valuable papers according to law
provisions;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
l) Guarantee issuance of Government bonds; act as
agency to issue bonds, shares and other valuable papers;
Article 5. During the operation, Finance
Company ... (*) should comply with Vietnamese Law. Article 6. This
License takes effect since the signing date (in case of issuance of
license)/This License takes effect since the signing date and supersedes the
License No..... accompanied by written approvals in connection with amendments
and supplements to the License (in case of renewal of the License).
Article 7. The license for establishment and
operation of Finance Company ... (*)/ New license issued to Finance Company ...
(*) is made into five originals :One (01) issued to Finance Company ... (*);
One (01) for enterprise registration; three (03) kept at the State Bank (one
(01) in the office of the State Bank, one (01) in the Banking inspection and
supervision agency or provincial & municipal branches of the State Bank,
one (01) put in the applications for licensing/renewing license);
THE GOVERNOR
_______________
(*) Name of Finance Company requesting
establishment/renewal of license;
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
SPECIMEN LICENSE FOR ESTABLISHMENT AND OPERATION
OF CONSUMER CREDIT COMPANY
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
THE STATE BANK
--------
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
----------------
No.
/GP-NHNN
Hanoi ,
... dated .....
LICENSE FOR
ESTABLISHMENT AND OPERATION OF FINANCE COMPANY ... (*)
THE GOVERNOR OF THE
STATE BANK OF VIETNAM
Pursuant to the Law on the State Bank of Vietnam
No. 46/2010/QH12 dated June 16, 2010;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Pursuant to the Government's Decree No.
156/2013/NĐ-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State bank of Vietnam;
Pursuant to the Government’s Decree No.
39/2014/NĐ-CP dated May 07, 2014 on activities of finance companies and finance
lease companies;
Pursuant to Circular No........./2015/TT-NHNN dated
regulating licensing, organization and operation of non-bank credit
institutions;
In considering the written request for issuance of
the license and accompanying submissions (for issuance of license)/In
considering the written request for renewal of the license and accompanying submissions
(for renewal of license);
At the request of Chief inspector and supervisor of
the banks,
HEREBY DECIDE:
Article 1. Grant approval for the
establishment of Finance Company ... (*) (in case of issuance of license)/
Grant approval for the renewal of the License No.... dated ... to Finance
Company ... (*) (in case of renewal of license) as follows :
1. Name of Finance Company:
- Full name in Vietnamese:
............................;
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Full name in English …………………..; .......;
- Abbreviated names in English (if any) .....;
- Business name (if any) ................
2. Address of head office:
......................................
Article 2. Charter capital of Finance
Company ... (*) is ... (in words: ... )
Article 3. Operation duration of Finance
Company ... (*) is ... years (in case of issuance of license)/ Operation
duration of Finance Company ... (*) is ... years (the duration as prescribed in
the license previously issued by the State Bank) since ... (the date as stated
in the license previously issued by the State Bank) (in case of renewal of the
license).
Article 4. Operation
Finance Company ... (*) may perform activities of a
factoring company according to regulations of the Law and the State Bank
including following activities:
1. Mobilize capital in following forms:
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Issue certificates of deposit, exchange bills,
treasury bills, bonds to mobilize capital;
c) Apply for loans from credit institutions,
financial institutions at home and abroad according to law provisions;
d) Apply for loans from the State Bank in the form
of refinancing according to the Law on the State Bank of Vietnam;
2. Extend credits in the following forms:
a) Provide loans including installment loans,
consumer loans;
b) Discount, rediscount negotiable instruments,
other valuable papers;
d) Issue credit cards;
3. Other activities:
a) Open deposit accounts at the State Bank;
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Open accounts at foreign banks according to the
law on foreign exchange (for finance companies eligible for issuance of credit
cards);
d) Open deposit accounts, loan management accounts;
dd) Contribute capital and purchase shares
according to regulations of the State Bank;
i) Trade and supply foreign exchange services
according to regulations of the State Bank;
k) Act as insurance agency;
l) Supply consultancy services in the areas of
banking, finance and investment;
m) Supply services of management and protection of
assets of clients;
g) Take part in bidding for treasury bills, sale
and purchase of negotiable instruments, Government bonds, corporate bonds,
treasury bills of the State Bank and other valuable papers according to law
provisions;
k) Receive capital trust from the Government,
organizations and individuals for extension of credits according to regulations
of the State Bank;
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 5. During the operation, Finance
Company ... (*) should comply with Vietnamese Law.
Article 6. This License takes effect since
the signing date (in case of issuance of license)/This License takes effect
since the signing date and supersedes the License No..... accompanied by
written approvals in connection with amendments and supplements to the License
(in case of renewal of the License).
Article 7. The license for establishment and
operation of Finance Company ... (*)/ New license issued to Finance Company ...
(*) is made into five originals:
One (01) issued to Finance Company ... (*); One
(01) for enterprise registration; three (03) kept at the State Bank (one in the
office of the State Bank, one in the Banking inspection and supervision agency
or provincial & municipal branches of the State Bank, one (01) put in the
applications for licensing/renewing license);
THE GOVERNOR
_______________
(*) Name of Finance Company requesting
establishment/renewal of license;
...
...
...
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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
ANNEX 09D
SPECIMEN LICENSE FOR ESTABLISHMENT AND OPERATION
OF FINANCE LEASING COMPANY
(Enclosed with the Governor’s Circular No. 30/2015/TT-NHNN dated December
25, 2015)
THE STATE BANK
OF VIETNAM
--------
SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom - Happiness
---------------
No.
/GP-NHNN
Hanoi ,
... dated ......
LICENSE FOR
ESTABLISHMENT AND OPERATION OF FINANCE LEASING COMPANY ... (*)
THE GOVERNOR OF THE
STATE BANK OF VIETNAM
...
...
...
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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 Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Government's Decree No. 156/2013/NĐ-CP
dated November 11, 2013 defining the functions, tasks, entitlements and
organizational structure of the State bank of Vietnam;
Pursuant to the Government’s Decree No.
39/2014/NĐ-CP dated May 07, 2014 on activities of finance companies and finance
lease companies;
Pursuant to Circular No........./2015/TT-NHNN dated
regulating licensing, organization and operation of non-bank credit
institutions;
In considering the written request for issuance of
the license and accompanying submissions (for the issuance of new license)/In
considering the written request for renewal of the license; At the request of
Chief inspector and supervisor of the banks,
HEREBY DECIDE:
Article 1. Grant approval for the
establishment of Finance Company ... (*) (in case of issuance of license)/
Grant approval for the renewal of the License No.... dated ... to Finance
Company ... (*) (in case of renewal of license) as follows : 1. Name of finance
leasing company:
- Full name in Vietnamese:
........................;
- Abbreviated names in Vietnamese (if any)……….....;
......;
...
...
...
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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
- Abbreviated names in English (if any) .....;
- Business name (if any) ....................
2. Address of head office:
.............................
Article 2. Charter capital of Company ...
(*) is ... (in words: ... )
Article 3. Operation duration of Finance
Company ... (*) is ... years (in case of issuance of license)/ Operation
duration of Finance Company ... (*) is ... years (the duration as prescribed in
the license previously issued by the State Bank) since ... (the date as stated
in the license previously issued by the State Bank) (in case of renewal of the
license).
Article 4. Operation
Finance leasing company ... (*) may perform
activities of finance leasing company according to regulations of the law and
the State Bank, including following activities:
1. Mobilize capital in following forms:
a) Receive deposits;
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Apply for loans from credit institutions,
financial institutions at home and abroad according to law provisions;
d) Apply for loans from the State Bank in the form
of refinancing according to the Law on the State Bank of Vietnam;
2. Provide finance lease;
3. Purchase and sublet in the form of finance
lease;
4. Provide loans as working capital to the lessee;
5. Provide operating lease;
6. Other forms of credit extension (after being
approved by the State Bank);
7. Other activities:
a) Open deposit accounts at the State Bank;
...
...
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Receive capital trust from the Government,
organizations and individuals for finance lease, finance lease entrustment
according to regulations of the State Bank;
d) Taking part in the bidding for treasury bills
organized by the State Bank;
dd) Carry out purchase and sale of Government
bonds;
i) Trade and supply foreign exchange services
according to regulations of the State Bank;
k) Act as insurance agency;
l) Supply consultancy services in the areas of
banking, finance and investment to the lessee;
i) Be eligible for selling receivables from the
finance lease agreement to organizations and individuals according to
regulations of the State Bank.
Article 5. During the operation, Company ...
(*) should comply with Vietnamese Law.
Article 6. This License takes effect since
the signing date (in case of issuance of license)/This License takes effect
since the signing date and supersedes the License No..... accompanied by
written approvals in connection with amendments and supplements to the License
(in case of renewal of the License).
...
...
...
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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
One (01) issued to Company ... (*); One (01) for
enterprise registration; three (03) kept at the State Bank (one in the office
of the State Bank, one in the Banking inspection and supervision agency or
provincial & municipal branches of the State Bank, one put in the
applications for licensing/renewing license);
THE GOVERNOR
_______________
(*) Name of Finance Leasing Company requesting
establishment/renewal of license;
------------------------------------------------------------------------------------------------------
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