Decree 316/2026/ND-CP amend Decree 135/2025/ND-CP on financial regime for credit institutions, financial supervision of state capital investment at credit institutions

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 135/2025/ND-CP dated June 12, 2025, on the financial regime applicable to credit institutions and foreign bank branches and financial supervision and assessment of efficiency of state capital investment at credit institutions with 100% state-owned charter capital and credit institutions with state capital

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Credit Institutions No. 32/2024/QH15, amended and supplemented under Law No. 43/2024/QH15 and Law No. 96/2025/QH15;

Pursuant to the Law on Management and Investment of State Capital in Enterprises No. 68/2025/QH15;

Pursuant to the Law on Enterprises No. 59/2020/QH14, amended and supplemented under Law No. 03/2022/QH15 and Law No. 76/2025/QH15;

Pursuant to the Law on Cooperatives No. 17/2023/QH15;

Pursuant to the Accounting Law No. 88/2015/QH13, amended and supplemented under Law No. 56/2024/QH15 and Law No. 108/2025/QH15;

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 135/2025/ND-CP dated June 12, 2025, on the financial regime applicable to credit institutions and foreign bank branches and financial supervision and assessment of efficiency of state capital investment at credit institutions with 100% state-owned charter capital and credit institutions with state capital.

Article 1. To amend and supplement a number of articles of the Government's Decree No. 135/2025/ND-CP dated June 12, 2025, on the financial regime applicable to credit institutions and foreign bank branches and financial supervision and assessment of efficiency of state capital investment at credit institutions with 100% state-owned charter capital and credit institutions with state capital (hereinafter referred to as Decrees No. 135/2025/ND-CP)

1. To amend Point c.1, Clause 2, Article 13 as follows:

“c.1) For trading securities: commercial banks, non-bank credit institutions, and foreign bank branches shall account for these as revenue in accordance with the accounting law;”

2. To amend Clauses 4 and 5, Article 22 as follows:

“4. The remaining profit, after deduction of the amounts specified in Clauses 1, 2 and 3 of this Article, shall be distributed in the following order:

a) Deducting 10% for the financial reserve fund; the maximum balance of this fund shall not exceed 25% of the charter capital of the credit institution;

b) Deducting no more than 40% for the development investment fund, ensuring that the deductions into the charter capital addition reserve fund and the development investment fund do not exceed 50% as prescribed in Article 25 of the Law on Management and Investment of State Capital at Enterprises.

The maximum balance of the development investment fund shall not exceed the charter capital of the credit institution.

c) Making deductions for the reward fund and welfare fund for employees, managers of the credit institution and controllers according to the following principles:

A credit institution classified as Grade A in accordance with this Decree may make deductions for the reward fund and welfare fund of an amount not exceeding 03 months’ actual salaries;

A credit institution classified as Grade B in accordance with this Decree may make deductions for the reward fund and welfare fund of an amount not exceeding 02 months’ actual salaries;

A credit institution classified as Grade C in accordance with this Decree may make deductions for the reward fund and welfare fund of an amount not exceeding 01 month’s actual salaries;

A credit institution that is not classified may not make deductions for setting up the reward fund and welfare fund.

5. Where the remaining profit after making deductions for setting up the development investment fund specified in Clause 4 of this Article is insufficient to make deductions for setting up the reward fund and welfare fund for employees, managers of the credit institution and controllers at the prescribed levels, the credit institution may reduce the amount of profit deducted for setting up the development investment fund to supplement the sources for making sufficient deductions for setting up the reward fund and welfare fund for employees, managers of the credit institution and controllers at the prescribed levels; provided that the maximum reduction shall not exceed the amount deducted for setting up the development investment fund in the financial year.”

3. To amend Article 23 as follows:

a) To amend and supplement Points b and c, Clause 4, Article 23 as follows:

“b) Deducting no more than 40% for the development investment fund, ensuring that the deductions for the charter capital addition reserve fund and the development investment fund do not exceed 50% as prescribed in Article 25 of the Law on Management and Investment of State Capital at Enterprises.

The maximum balance of the development investment fund shall not exceed the charter capital of the credit institution.

c) Making deductions for the reward fund and welfare fund for employees, managers of the credit institution and controllers on the principles similar to those applicable to credit institutions with 100% state-owned charter capital.”

b) To amend Clause 7, Article 23 as follows:

“7. In case of payment of dividends in shares as prescribed at Point d, Clause 4 of this Article, the State Bank of Vietnam shall reach agreement with the Ministry of Finance before submitting the proposed rate of dividend payment in shares to the Prime Minister for decision. The payment of dividends in shares shall apply to a credit institution that meets the following criteria:

a) It is operating efficiently, as assessed based on the criteria for assessing the efficiency of State capital investment in enterprises that are credit institutions with state capital prescribed in this Decree, and its classification results for the two consecutive years preceding the year in which the payment of dividends in shares is determined are Grade B or higher, according to the classification results announced by the State Bank of Vietnam;

b) It has a non-performing loan ratio of less than 3%.”

4. To amend and supplement Clauses 3 and 4 Article 24 as follows:

“3. Deducting no more than 40% for the development investment fund, ensuring that the deductions for the charter capital addition reserve fund and the development investment fund do not exceed 50% as prescribed in Article 25 of the Law on Management and Investment of State Capital at Enterprises.

The maximum balance of the development investment fund shall not exceed the charter capital of the credit institution.

4. The remaining profit, after deduction of the amounts specified in Clauses 1, 2 and 3 of this Article, shall be distributed as follows:

a) For cooperative banks:

A cooperative bank may make deductions for the reward fund and welfare fund for employees, managers of the cooperative bank and controllers on the principles similar to those applicable to credit institutions with 100% state-owned charter capital.

At least 30 days before convening the General Meeting of Members, the representative of the State capital portion at the bank shall seek the State Bank of Vietnam’s direction on the distribution of the remaining profit before voting at the General Meeting of Members.

Within 20 days from the date of receipt of a complete dossier, the State Bank of Vietnam shall reach agreement with the Ministry of Finance on the distribution of the remaining profit in order to direct the representative of the State capital portion at the bank to vote at the General Meeting of Members.

Within 20 days from the date of receipt of a complete dossier, the Ministry of Finance shall provide its official written opinion to the State Bank of Vietnam.

The cooperative bank may use the portion of profit distributed to the State as a member to supplement its charter capital (the State’s capital support). The competence, order and procedures for investment and provision of State capital support at cooperative banks shall comply with Article 28 of this Decree applicable to credit institutions with more than 50% but less than 100% of charter capital held by the State.

b) For people’s credit funds: The remaining profit shall be distributed in accordance with the Law on Cooperatives and the charter of the people’s credit fund.”

5. To amend Clause 4, Article 25 as follows:

“4. For microfinance institutions with 100% state-owned charter capital and microfinance institutions with more than 50% but less than 100% of charter capital held by the State, the remaining profit, after deduction of the amounts specified in Clauses 1, 2 and 3 of this Article, shall be distributed as follows:

a) Deducting no more than 40% for the development investment fund, ensuring that the deductions for the charter capital addition reserve fund and the development investment fund do not exceed 50% as prescribed in Article 25 of the Law on Management and Investment of State Capital at Enterprises.

The maximum balance of the development investment fund shall not exceed the charter capital of the microfinance institution.

b) The owner-representing agency of the microfinance institution shall, based on the provisions on assessment and classification applicable to credit institutions with 100% state-owned charter capital, review the financial plan, assign assessment and classification targets, and assess and classify the microfinance institution. Based on the assessment and classification results, the microfinance institution shall distribute the remaining profit in accordance with the provisions applicable to credit institutions with 100% state-owned charter capital.”

6. To amend Article 27 as follows:

“Article 27. Management and use of funds

1. The charter capital addition reserve fund or allocated capital addition reserve fund shall be used for increasing the charter capital or allocated capital.

2. The financial reserve fund shall be used for offsetting the remaining asset loss or damage occurring in the course of business operation after being covered by the compensations paid by organisations and individuals causing such loss or damage, the indemnities of insurers and the provisions set aside as expenses; and used for other purposes prescribed by law.

3. The development investment fund shall be used for implementing development investment projects and to increase the charter capital.

4. The reward fund shall be used to:

a) Pay year-end rewards, regular rewards, ad hoc rewards and rewards prescribed by the law on emulation and commendation to individuals and collectives within the credit institution (including managers of the credit institution working under employment contracts, and managers of the credit institution and controllers appointed by the State);

b) Reward individuals and units outside the credit institution that have made significant contributions to the credit institution’s business operations and management;

c) The competence to decide on the reward levels specified at Points a and b of this Clause shall comply with the Law on Credit Institutions, the law on management and investment of State capital at enterprises, and the charter and internal regulations of the credit institution;

d) Reward levels applicable to direct owner representatives, representatives of the State capital portion and controllers shall comply with the Government’s regulations on salaries, remuneration and rewards applicable to direct owner representatives, representatives of the State capital portion and controllers in state-owned enterprises.

5. The welfare fund shall be used to:

a) Invest in the construction or repair of, or supplement capital for the construction of, welfare facilities of the credit institution; contribute capital to the construction of common welfare facilities within the sector or jointly with other units under agreements;

b) Pay for sports, cultural and public welfare activities for employees of the credit institution (including managers of the credit institution and controllers working under employment contracts, and managers of the credit institution and controllers appointed by the State);

c) Provide regular or ad hoc hardship allowances to employees of the credit institution, including its retired employees and employees who have lost their working capacity;

d) Pay for other welfare activities.

The Board of Directors (Members’ Council) and Director General (Director) of the credit institution shall coordinate with the Trade Union’s executive committee of the credit institution in managing and using this fund.

6. Credit institutions and foreign bank branches shall promulgate regulations on the management and use of funds set aside from after-tax profits. Specifically for credit institutions with 100% state-owned charter capital:

a) They shall formulate and promulgate regulations on the management and use of funds in accordance with the law on management and investment of State capital at enterprises for internal application within the credit institution; such regulations shall ensure democracy and transparency, involve the executive committee of the credit institution’s Trade Union, and be publicly disclosed within the credit institution before implementation;

b) During the financial year, the credit institution shall proactively make provisional deductions for setting up the funds based on its profitable production and business results and payment of corporate income tax as prescribed, in order to ensure funds for expenditures in line with the prescribed purposes of the funds.”

7. To amend Clause 2, Article 29 as follows:

“2. Formulation of financial plans:

a) For a credit institution with 100% state-owned charter capital:

a.1) Before July 31 every year, the credit institution shall make a financial plan for the subsequent year and send it to the Ministry of Finance and the State Bank of Vietnam for making state budget estimation;

a.2) Before March 01 of the plan year, based on the previous year’s business result, the credit institution shall review and finalize its financial plan and send it to the State Bank of Vietnam and the Ministry of Finance to serve financial supervision and assessment of business efficiency of the credit institution. The forms for planning funding sources and use of funds; income, expenses and business results; and state budget remittance targets are provided in Appendices I and II to this Decree;

a.3) The State Bank of Vietnam shall review and give official written opinions on financial plans formulated by credit institutions, and assign targets for assessment and classification of credit institutions before March 31 of the plan year; concurrently, it shall send the Ministry of Finance the results of such assignment for coordinated monitoring, aggregation and supervision in accordance with law.

b) For a credit institution with between over 50% and under 100% state-owned charter capital:

b.1) Before July 31 every year, the credit institution shall make a financial plan for the subsequent year and send it to the Ministry of Finance and the State Bank of Vietnam for making state budget estimation;

b.2) Before March 01 of the plan year, based on the previous year’s business result, the credit institution shall review and finalize its financial plan and send it to the State Bank of Vietnam and the Ministry of Finance to serve financial supervision and assessment of the efficiency of state capital investment in the credit institution. The forms for planning funding sources and use of funds; income, expenses and business results; and state budget remittance targets are provided in Appendices I and II to this Decree;

b.3) The State Bank of Vietnam shall review financial plans formulated by credit institutions, and determine specific assessment criteria for assigning tasks to the representative of state capital at credit institutions before March 31 of the plan year; concurrently, it shall send the Ministry of Finance the results of such assignment for coordinated monitoring, aggregation and supervision in accordance with law.

c) For other credit institutions and foreign bank branches: Financial plans shall be formulated in accordance with the charter, financial regulations and internal regulations of the credit institution or foreign bank branch.”

8. To amend Article 31 as follows:

a) To amend Point d Clause 1 Article 31 as follows:

“d) Criterion 4. Compliance with the law on management and investment of State capital at enterprises, the law on monetary and banking activities, and regulations on financial statements and reports for financial supervision;”

b) To amend Point a, Clause 2, Article 31 as follows:

“a) Natural disasters, fires, epidemics, wars and other objective force majeure causes assessed and approved by the owner-representing agency;”

c) To amend Point d, Clause 3, Article 31 as follows:

“d) Compliance with law:

Compliance with law includes compliance with legal regimes and policies in the field of management and investment of State capital at enterprises and the monetary and banking sector, and regulations on financial statements and reports for financial supervision.”

9. To amend Clause 2, Article 32 as follows:

“2. The State Bank of Vietnam shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, reviewing financial plans in order to assign assessment and classification targets to credit institutions with 100% state-owned capital which are suitable to their business characteristics. These targets shall be assigned in writing to credit institutions before March 31 of the plan year and may not be adjusted during the plan period, except for force majeure cases.”

10. To amend Clause 2, Article 33 as follows:

“2. Before a credit institution convenes a General Meeting of Shareholders, the State Bank of Vietnam shall review the financial plan to determine assessment targets for the credit institution with more than 50% but less than 100% of charter capital held by the State and assign tasks in writing to the representative of the State capital portion at the credit institution before March 31 of the plan year. The assessment targets may not be adjusted throughout the plan implementation period, except in force majeure events.”

11. To amend Clause 2, Article 34 as follows:

“2. Before the cooperative bank convenes a General Meeting of Members, the State Bank of Vietnam shall review the financial plan to determine assessment targets for the cooperative bank and assign tasks in writing to the representative of the State capital support portion at the cooperative bank before March 31 of the plan year; concurrently, it shall send the Ministry of Finance the results of the assignment of assessment and classification targets to the cooperative bank for coordinated monitoring, aggregation and supervision in accordance with law. The assessment targets may not be adjusted throughout the plan implementation period, except in force majeure events.”

12. To amend Points b and c, Clause 2, Article 40 as follows:

“b) To assume the prime responsibility for, and coordinate with the Ministry of Finance in, supervising, inspecting and assessing the operational efficiency and classifying State-owned enterprises that are credit institutions with 100% state-owned charter capital, and assessing the efficiency of State capital investment in enterprises that are credit institutions with more than 50% but less than 100% of charter capital held by the State in accordance with this Decree and other relevant laws; to send reports on supervision and inspection results and classification results of enterprises that are credit institutions with 100% state-owned charter capital, and reports on supervision and inspection results of enterprises that are credit institutions with more than 50% but less than 100% of charter capital held by the State, to the Ministry of Finance in accordance with the law on management and investment of State capital at enterprises;

c) To assume the prime responsibility for, and coordinate with the Ministry of Finance, based on this Decree and the law on management and investment of State capital at enterprises, in supervising, inspecting and assessing the operational efficiency of the cooperative bank. The State Bank of Vietnam shall prepare a report assessing the operational efficiency of the cooperative bank and submit it to the Ministry of Finance in accordance with the law on management and investment of State capital at enterprises.”

13. To repeal Appendix III providing the forms for preparing labor and salary plans.

14. To amend Point 4, Section I of Appendix IV as follows:

“4. Criterion 4. Compliance with law as specified at Point d, Clause 1, Article 31 of this Decree.

4.1. A credit institution shall be classified as Grade A if it satisfies all of the following conditions:

a) During the assessment year, it is not issued a written reminder by the owner-representing agency or financial agency, or is issued no more than two written reminders, for submitting supervision reports, credit institution classification reports, financial statements or other reports for financial supervision contrary to regulations or after the prescribed deadline, for each type of report;

b) During the assessment year, it is not administratively sanctioned by a competent agency; if it is administratively sanctioned by a competent agency, it must not be sanctioned for any act of deception, fraud or forgery; anonymity or impersonation; transfer, lease or lending of a license; sabotage or destruction of Vietnamese currency; unlawful business operations; provision of untruthful information; information theft; or data theft as prescribed by the Government’s regulations on administrative penalties in the monetary and banking sector.

4.2. A credit institution shall be classified as Grade C if it falls into any of the following cases:

a) It fails to submit supervision reports, credit institution classification reports, financial statements or other reports for financial supervision as prescribed, or submits reports contrary to regulations or after the prescribed deadline and is issued more than three written reminders by the owner-representing agency or financial agency during the assessment year, for each type of report;

b) It is subject to an administrative fine imposed by a competent agency during the assessment year for any of the following violations in the monetary and banking sector: Deception, fraud or forgery; anonymity or impersonation; transfer, lease or lending of a license; sabotage or destruction of Vietnamese currency; unlawful operations; provision of untruthful information; information theft; or data theft as prescribed by the Government’s regulations on sanctioning administrative violations in the monetary and banking sector;

c) It is subject to enforcement of an administrative sanctioning decision due to its failure to voluntarily comply with such decision;

d) A manager of the credit institution violates law in the performance of duties at the credit institution in any of the fields specified at Point d, Clause 1, Article 31 of this Decree, as announced or concluded by a competent inspection or examination agency, or to the extent of being subject to criminal prosecution. For the same violation committed by a manager of the credit institution, such violation shall be taken into account only once in the assessment and classification of the credit institution.

4.3. Credit institutions classified as Grade B are the remaining credit institutions that are not classified as Grade A or Grade C.”

15. To replace the phrase “the law on management and use of State capital invested in production and business activities at enterprises” with the phrase “the law on management and investment of State capital at enterprises” in Clauses 1 and 3, Article 5; Clause 2, Article 6; Article 10; Clause 2, Article 11; Clause 2, Article 12; Article 28; Clause 1, Article 39; and Clause 5, Article 41 of Decree No. 135/2025/ND-CP.

Article 2. Transitional provisions

For the distribution of profits for the 2024 financial year where such profits have not been distributed before the effective date of this Decree, the profits shall be distributed in accordance with this Decree.

Article 3. Effect

1. This Decree takes effect from October 01, 2026.

2. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and centrally-run cities, credit institutions, foreign bank branches and related organizations and individuals shall implement this Decree.