THE STATE BANK OF VIETNAM _________ No. 11/2020/TT-NHNN | THE SOCIALIST REPUBLIC OF VIETNAM Independent - Freedom - Happiness __________________________ Hanoi, November 02, 2020 |
CIRCULAR
On amending and supplementing a number of articles of the Circular No. 24/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank of Vietnam, guiding the order and procedures for revocation of licenses and liquidation of assets of credit institutions and foreign bank branches; the order and procedures for revocation of licenses of representative offices of foreign credit institutions and other foreign institutions engaged in banking activities
________________________
Pursuant to the Law on State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law on Amending and Supplementing a Number of Articles of the Law on Credit Institutions dated November 20, 2017;
Pursuant to the Government’s Decree No. 16/2017/ND-CP dated February 17, 2017 on defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;
Pursuant to the Government’s Decree No. 26/2014/ND-CP dated April 07, 2014 on organization, tasks, and powers of the Banking Supervisors and Inspectors and the Government’s Decree No. 43/2019/ND-CP dated May 17, 2019 on amending and supplementing a number of Articles of the Government’s Decree 26/2014/ND-CP dated April 07, 2014 on organization, tasks, and powers of the Banking Supervisors and Inspectors;
At the proposal of the Chief of the Banking Supervision Agency;
The Governor of the State Bank of Vietnam hereby promulgates the Circular on amending and supplementing a number of articles of the Circular No. 24/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank of Vietnam, guiding the order and procedures for revocation of licenses and liquidation of assets of credit institutions and foreign bank branches; the order and procedures for revocation of licenses of representative offices of foreign credit institutions and other foreign institutions engaged in banking activities.
Article 1. To amend and supplement a number of articles of the Circular No. 24/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank of Vietnam, guiding the order and procedures for revocation of licenses and liquidation of assets of credit institutions and foreign bank branches; the order and procedures for revocation of licenses of representative offices of foreign credit institutions and other foreign institutions engaged in banking activities (hereinafter referred to as the Circular No. 24/2017/TT-NHNN)
1. To add Article 3a as follows:
“Article 3a. Competence to decide on revocation of licenses
1. The Governor of the State Bank of Vietnam (hereinafter referred to as the Governor) may decide on:
a) Revoking licenses of credit institutions;
b) Revoking licenses of foreign bank branches subject to micro-safety supervision and inspection of the Banking Supervision Agency according to the Governor's assignment.
2. The Director of the State Bank branch may decide on:
a) Revoking licenses of foreign bank branches that head offices’ located in areas, except for foreign bank branches specified at Point b, Clause 1 of this Article;
b) Revoking licenses of representative offices located in areas.”.
2. To amend and supplement Clause 1 of Article 7 as follows:
“1. Approval of request for dissolution:
a) A credit institution or foreign bank branch shall:
(i) Hire an enterprise granted with a certificate of eligibility for provision of valuation services in accordance with law provisions on valuation to value its assets, and determine the value of owner’s equity of the enterprise in the year preceding the year of request for dissolution and in the quarter preceding the time of request for dissolution in accordance with law provisions;
(ii) Work out an asset liquidation plan in accordance with Point b, Clause 4 of this Article and based on the results of asset valuation to determine the value owner’s equity of the enterprise in accordance with Point a(i) of this Clause;
(iii) Make one (01) dossier set under Clause 4 of this Article, then submit it directly at the Single-window section or send it by post to the State Bank (for case of revocation of licenses under Clause 1, Article 3a of this Circular), or to the State Bank branch (for case of revocation of licenses under Point a, Clause 2, Article 3a of this Circular);
Click download to see the full text
Vietnamese
Circular 11/2020/TT-NHNN DOC (Word)
Circular 11/2020/TT-NHNN PDF (Original)
