Decision No. 14/2006/QD-NHNN dated April 04, 2006 of the State Bank on the amendment, supplement of several articles of the Regulation on the organization and operation of the Board of Directors, Controllers Committee, General Directors (directors) of non-banking credit institutions issued in conjunction with the Decision No. 516/2003/QD-NHNN dated May 26, 2003 of the Governor of the State Bank

DECISION

ON THE AMENDMENT, SUPPLEMENT OF SEVERAL ARTICLES OF THE REGULATION ON THE ORGANIZATION AND OPERATION OF THE BOARD OF DIRECTORS, CONTROLLERS COMMITTEE, GENERAL DIRECTORS (DIRECTORS) OF NON-BANKING CREDIT INSTITUTIONS ISSUED IN CONJUNCTION WITH THE DECISION NO.  516/2003/QD-NHNN DATED 26/05/2003 OF THE GOVERNOR OF THE STATE BANK

THE GOVERNOR OF THE STATE BANK

- Pursuant to the Law on State Bank of Vietnam No.01/1997/QH10 dated 12/12/1997 and the Law on the amendment, supplement of several articles of the Law on the State Bank of Vietnam No.10/2003/QH11 dated 17/6/2003;

- Pursuant to the Law on Credit Institutions No.02/1997/QH10 dated 12/12/1997; the Law on the amendment, supplement of several articles of the Law on Credit Institutions No.20/2004/QH11 dated 15/6/2004;

- Pursuant to the Decree No.52/2003/ND-CP dated 19/5/2003 of the Government providing for the function, assignment, authority and organizational structure of the State Bank of Vietnam;

- Pursuant to the Decree No.16/2001/ND-CP dated 02/05/2001 of the Government on the organization and operation of Finance Leasing Companies; the Decree No.65/2005/ND-CP dated 19/5/2005 of the Government on the amendment, supplement of several articles of the Decree No.16/2001/ND-CP dated 02/5/2001 of the Government on the organization and operation of Finance Leasing Companies;

- Pursuant to the Decree No.79/2002/ND-CP dated 04/10/2002 of the Government on the organization and operation of Finance Companies;

Upon the proposal of the Director of Banks and Non-banking Credit Institution Department,

DECIDES:

Article 1. To amend, supplement several articles of the Regulation on the organization and operation of the Board of Directors, Controllers Committee, General Director (Director) of Non-banking Credit Institutions issued in conjunction with the Decision No.516/2003/QD-NHNN dated 26/5/2003 of the Governor of the State Bank, as follows:

1. To repeal Paragraph 3 Article 1

2. To amend Paragraph 4, Paragraph 6 of Article 3 as follows:

“4. Who has been a member of the Board of Directors or the General Director (Director) of an enterprise which has been declared bankrupt, except for cases provided for in the Law on Enterprise bankruptcy”.

“6. Who is one of subjects to be banned in accordance with provisions of the Law on Enterprises, the Ordinance on Officers, Civil Servants and the Law on anti-corruption.”

3. To amend Paragraph 4 Article 9 as follows:

“4. A Chairman of the Board of Directors shall not be permitted to participate in the Board of Directors or participate in the management of another Credit Institution, except for the case as provided for in Paragraph 5, Article 37 of the Law on Credit Institutions.”

4. To amend Paragraph 1 Article 17 as follows:

“1. The Controllers' Committee shall consist of 03 members at least, but not in excess of 05 members and there is a permanent member at least. The number of members of Controllers' Committee and permanent members shall be stipulated by the Chairman of the Board of Director of the General Corporation, or the Board of Directors of credit institution, or the Chairman of the Board of Directors of a non-banking credit institution with foreign invested capital and stated in the Charter of the non-banking credit.”

5. To amend Paragraph 3 Article 21 as follows:

“3. The  General Director (Director) shall not be permitted to concurrently be the General Director (Director) or the Chairperson of the Board of Directors of another credit institution, except for cases as provided for in Paragraph 3 Article 39 of the Law on Credit Institutions.”

6. To amend Paragraph 2 Article 25 as follows:

“2. The Chairperson and members of the Board of Directors, Chief and members of Controllers Committee, General Director (Director) of a non-banking credit institution shall be only permitted to perform their duties within the scope of their appointed title after the approval by the Governor of the State Bank.”

7. To amend the phrase “internal auditing” in Paragraph 3 Article 2; point m Paragraph 1 in Article 13; Paragraph 1, Paragraph 4, Paragraph 6 Article 19 as “internal control.”

Article 2. This Decision shall be effective after 15 days since its publication on the Official Gazette.

Article 3. The Director of the Administrative Department, the Director of the Banks and Non-banking Credit Institutions Department, Heads of related units of the State Bank of Vietnam, General Manager of State Bank branches in provinces, cities under the Central Government’s management, Chairperson and members of the Board of Directors, Chief and members of the Controllers Committee, General Director (Director) of non-banking Credit Institutions shall be responsible for the implementation of this Decision.