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

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;

b) For foreign bank branches: A 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.”

Article 2. Responsibility for implementation organization

Chief of Office, Chief Inspector of the Banking Supervision Agency, Heads of units under the State Bank, Directors of commercial banks (except for State-owned commercial banks), non-bank credit institutions and foreign bank branches shall be responsible for the implementation of this Circular.

Article 3. Implementation provisions

This Circular takes effect on December 28, 2020./.