Circular No. 13/2020/TT-NHNN amending Circular No. 22/2018/TT-NHNN

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Circular No. 13/2020/TT-NHNN dated November 13, 2020 of the State Bank of Vietnam on amending and supplementing a number of articles of the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on providing guidance on procedures and dossiers for approval of the provisional personnel list of commercial banks, non-bank credit institutions and foreign bank branches

Issuing body:	State Bank of Vietnam	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	13/2020/TT-NHNN	Signer:	Doan Thai Son
Type:	Circular	Expiry date:	Updating
Issuing date:	13/11/2020	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Finance - Banking

SUMMARY

To adjust the principle for making a dossier of request for approving the provisional personnel list

On November 13, 2020, the State Bank of Vietnam promulgates the Circular No. 13/2020/TT-NHNN on amending and supplementing a number of articles of the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on providing guidance on procedures and dossiers for approval of the provisional personnel list of commercial banks, non-bank credit institutions and foreign bank branches.

As in previous regulations, the written request for approval of the provisional personnel list of credit institutions and foreign bank branches sent to the State Bank must be signed by the at-law representative or the authorized representative.

However, from the effective date of this Circular, such written request of the credit institution shall be signed by the at-law representative. In case where the at-law representative authorizes another person to sign such written request, the dossier must contain an authorization document, which is made in accordance with law provisions.

For foreign bank branches, such written request shall be signed by the General Director (Director). In case where the General Director (Director) authorizes another person to sign such written request, the dossier must contain an authorization document, which is made in accordance with law provisions. In case where the position of General Director (Director) of a foreign bank branch is absence, the foreign bank branch’s competent representative shall sign such written request.

This Circular takes effect on December 28, 2020.

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Effect status: Known

THE STATE BANK OF

VIETNAM

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No. 13/2020/TT-NHNN

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

^{_______________________}

Hanoi, November 13, 2020

CIRCULAR

On amending and supplementing a number of articles of the Circular No. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on providing guidance on procedures and dossiers for approval of the provisional personnel list of commercial banks, non-bank credit institutions and foreign bank branches

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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;

At the proposal of the Chief Inspector 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. 22/2018/TT-NHNN dated September 05, 2018 of the Governor of the State Bank of Vietnam on providing guidance on procedures and dossiers for approval of the provisional personnel list of commercial banks, non-bank credit institutions and foreign bank branches (hereinafter referred to as the Circular No. 22/2018/TT-NHNN).

Article 1. To amend and supplement a number of articles of the Circular No. 22/2018/TT-NHNN

To amend and supplement Clause 2, Article 3 as follows:

“2. A written request for approval of the provisional personnel list of credit institutions and foreign bank branches sent to the State Bank:

a) For credit institutions: A written request shall be signed by the at-law representative. In case where the at-law representative authorizes another person to sign such written request, the dossier must contain an authorization document, which is made in accordance with law provisions.

In case the position of credit institution’s at-law representative is absence, the written request of the credit institution must be a document of the Members’ Council or Boards of Directors, which is signed by the Chairperson of the Board or the Chairperson of the Member's Council. In case where the Chairperson of the Board or Chairperson of the Member's Council authorizes another member of the Boards of Directors to sign such written request, the authorization shall comply with law provisions and the dossier must contain the authorization document, which is made in accordance with law provisions;

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