Circular No. 09/2016/TT-NHNN dated June 17, 2016 of the Vietnam State Bank amending, supplementing a number of articles of the Circular No. 31/2012/TT-NHNN dated November 26, 2012 of the State Bank Governor stipulating on Cooperative Bank

THE STATE BANK OF VIETNAM

Circular No. 09/2016/TT-NHNN dated June 17, 2016 of the Vietnam State Bank amending, supplementing a number of articles of the Circular No. 31/2012/TT-NHNN dated November 26, 2012 of the State Bank Governor stipulating on Cooperative Bank

Pursuant to the Law on Vietnam State Bank 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 Enterprises No. 68/2014/QH13 dated November 26, 2014;

Pursuant to the Law on Cooperative No. 23/2012/QH13 dated November 20, 2012;

Pursuant to the Decree No. 156/2013/ND-CP of November 11, 2013, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

At the proposal of the Director of the Banking and Inspection Department;

The State Bank Governor promulgates the Circular on amending and supplementing a number of articles of the Circular No. 31/2012/TT-NHNN dated November 26, 2012 of the State Bank Governor stipulating on Cooperative Bank;

Article 1. To amend, supplement a number of articles of the Circular No. 31/2012/TT-NHNN dated November 26, 2012 of the State Bank Governor stipulating on Cooperative Banks:

1. To amend and supplement Article 41 as follows:

“Article 41. Operations for Member People’s Credit Funds

1. To receive deposit of capital allocation, lend capital allocation for Member People’s Credit Funds according to Regulations on capital allocation.

The contents of Regulations on capital allocation must follow the following principles:

a) Member People’s Credit Funds deposit (term deposit, call deposit) at Cooperative Banks for capital allocation; If withdrawing the deposit before the due date, Member People’s Credit Funds shall send the notification to Cooperative Banks in advance;

b) Member People’s Credit Funds shall be lent for capital allocation by Cooperative Banks when they have demands on credit expansion.

c) Interest rate must ensure the support and interest rate for lending capital allocation must be clear, transparent and not for benefits, there must be a connection between Cooperative Banks and Member People’s Credit Funds.

d) Subjects, limit, orders, and documents related to receiving the deposit for capital allocation and lending for capital allocation must be specifically regulated.

dd) Regulations on capital allocation is established by Cooperative Banks and opinions of Member People’s Credit Funds must be collected and approved at the Member’s General Meeting of the Cooperative Bank. After promulgating the Regulations, Cooperative Bank shall organize a training workshop to publicize to all the member people’s credit funds and sent it to the State Bank (Banking and Inspection Department for inspection. The amendment and supplementation of Regulations on capital allocation shall be approved at the Member’s General Meeting of the Cooperative Bank.

2. To lend Member People’s Credit Funds to deal with temporary difficulties on payment;

3. To open payment account, provide means of payments for Member People’s Credit Funds.

4. To build, develop and apply new products, services in the operation of Member People’s Credit Funds to meet demands of members in People’s Credit Funds and develop benefits of the People in the area.

5. To implement other banking activities as stipulated for Member People’s Credit Funds.”

2. To amend, supplement Article 44 as follows:

“Article 44. Rights

1. Be access to informatics system of the State Bank to collect information related to operation of People’s Credit Funds.

2. Request People’s Credit Funds to provide the report to serve for capital allocation and inspect safety of the system.

3. Examine, inspect the use of the loan and the ability of People’s Credit Funds to pay for the loan at Cooperative Bank.

3. To amend and supplement Article 45 as follows:

“Article 45. Responsibilities

1. To guide, train banking professions, informatics technology for Member People’s Credit Funds.

2. To support banking activities for Member People’s Credit Funds as stipulated;

3. To handle with difficulties for Member People’s Credit Funds.

4. To promulgate Regulations on capital allocation as stipulated under Clause 1 Article 41 of this Circular after being approved at the Member’s General Meeting of the Cooperative Bank

5. To support Member People’s Credit Funds on internal audit when being requested;

6. To raise opinions in writing for tentative list of participants that are elected to be as a chair or other members of Management Board, heads and other member of control board, Directors of Member People’s Credit Funds when being requested by the State Bank’s branches in provinces and cities under the central management.

7. To implement other responsibilities as stipulated;

4. To amend, supplement Clause 3 Article 46 as follows:

“3. To assume the prime responsibility for, and coordinate with related units to inspect and examine operation of Cooperative Bank; receive and request Cooperative Bank to amend, supplement Regulations on capital allocationas stipulated under Clause 1 Article 41 of this Circular in accordance with the law of necessary.”

Article 2. Effect

1. This Circular takes effect on August 15, 2016.

2. Director of the Office, Director of the Banking and Inspection Department, Heads of units under the management of the State Bank, Directors of the State Bank’s branches in provinces and cities under the central management, Chairs of Management Board, General Directors of Cooperative Bank shall implement this Circular.

For the Governor

Deputy Governor

Nguyen Phuoc Thanh