Directive 03/CT-NHNN on the inspection, supervision; anti-corruption, violations in monetary sector and banking activity

DIRECTIVE

ON THE INSPECTION, SUPERVISION; ANTI-CORRUPTION, VIOLATIONS IN MONETARY SECTOR AND BANKING ACTIVITY

For effectively implementing the Resolution No. 01/NQ-CP dated 03 January 2012 of the Government on key solutions for directing, managing the implementation of socio­economic development plan and the state budget estimation for the year 2012, and at the same time, implementing comprehensively, deeply and carefully the process of restructuring the banking system in accordance with the given process, objectives, the Governor of the State Bank hereby requires units of the State Bank of Vietnam and credit institutions, foreign bank s branches (herein after referred to as credit institution), in 2012 to focus on performing duties, measures for the inspection, supervision; anti-corruption, violations in monetary sector and banking activity as follows:

1. Units at the head office of the State Bank of Vietnam:

1.1 To organize to seriously implement provisions in point 2.8 of the Directive No.

01/CT-NHNN dated 13 February 2012 of the Governor of the State Bank of Vietnam;

Basing on the result of management, inspection, supervision and the general statistics to classify credit institutions; to implement steps of restructuring and handling the weak credit institutions in accordance with policy of comprehensiveness, carefulness and system security.

1.2 To strictly deal with any act of violation of laws on monetary and banking activity,
breach of guidance and management of the State Bank in 2012; to regard this as an
important measure to terminate the unhealthy competition and systematic violation of
credit institutions, foreign bank s branches in the past time.

1.3 To enhance the sense of initiative in work coordination among units of the head office; between units of the head office and State Bank s branches in provinces and cities; between units of the head office and the ministries, sectors, functional agencies; with the People s committee of provinces, cities under the central Government s management in the control, inspection, supervision of, prevention from violation, anti-corruption and the implementation process of the banking restructuring schedule.

1.4. To review the regime, policies, regulations in monetary sector and banking activity, in which focusing on the credit supply for the purpose of supplement, amendment, or proposing for supplement, amendment, ensuring the safe and efficient operation of credit institutions; to prevent violation, criminal, corruption in monetary sector and banking activity in general, and in credit supply in particular.

To effectively implement solutions for anti-corruption; criminal prevention at each institution, unit, in which special importance should be attached to the personnel issues; To organize the dissemination, education, warning against tricks of corruption, criminal, particularly the type of high-tech criminal, money laundering criminal with sophisticated schemes for the purpose of monetary security and socio-economic development.

The Banking Inspection, Supervision Agency, together with the above contents, shall be responsible for:

1.6.1     Focusing on renovating, improving the quality of banking inspection, supervision
activity toward establishing an active supervision and inspection regime, ensuring the
operation of credit institutions within the legal framework.

1.6.2     Combining the inspection, supervision over the implementation of laws on monetary and banking sectors with inspection and supervision of risks. The on-site inspection should focus on the evaluation of financial condition, risk level, risk management capacity and internal control system for specific inspected contents. From the result of inspection, supervision, timely proposing measure for risk prevention and settlement; to deal with acts of violation, corruption and to recommend appropriate solutions for implementing the process of restructuring the banking system.

To properly arrange the labour force to ensure the completion of the inspection plan for 2012 in accordance with the given contents, requirements and schedule.

To act as the head, together with related units in the banking sector, in making plan to coordinate with the Ministry of Public Security, Ministries, sectors and localities in the study, preparation and submission to the competent level for approval and implementation of the project on criminal prevention in banking activity; to coordinate with the Ministry of Public Security to draw up a Regulation on cooperation in fighting against and prevention from crimes in banking activity.

2. The State Bank s branches in provinces, cities:

To effectively implement the Directive No. 01/CT-NHNN dated 13 February 2012 of the Governor of the State Bank on organizing the implementation of monetary policies and ensuring the banking activity to be safe and efficient in 2012.

To preside over and coordinate with units at the head office of the State Bank, with the State Bank s branches in related provinces, cities, with the local departments and authorities in implementing the action program of 2012, the center duty of which is the management, inspection, supervision and restructuring of banks.

To reinforce the inspection and supervision over activities of local people s credit funds, especially those who still have shortcomings in operation; not to let people s credit funds collapse which will cause instability for the local economy and politics.

3.For credit institutions:

To direct the entire system to strictly implement regulations of the State Bank, and their internal regulations; to closely supervise their operation and to resolutely handle any shortcomings and mistakes of individuals and underlying units.

To timely report to the State Bank of Vietnam and the State Bank s branches in provinces and cities on the liquidity and any changes which may cause adverse effect on the security and efficiency of operation; to observe guidelines of the State Bank during the process of restructuring the credit institution system.

To strictly implement the correction upon request and proposal of management authorities; the recommendations of independent audit; to strictly comply the accounting regime and statistic reporting regime as provided for by the laws.

To reinforce, improve the role, validity, efficiency of the management, control apparatus; to perform internal control, audit in conformity with the operation scale, risk level of the credit institutions; To intensify the internal control, audit, especially on the compliance with regulations of the State Bank in credit supply so as to be proactive in detecting and timely preventing any act of violation and corruption.

To push the application of information technology and ensure the security of information technology system in credit supply, control of credit quality; To exploit credit information services of the State Bank for the evaluation of credit risks and to prevent mistakes in credit supply, credit risk management.

To examine, review the internal regimes, regulations, procedures for new preparation or supplement to, amendment of the contents, provisions which are no longer conformable, ensuring to comply with provisions of applicable laws law and requirements of management authorities; at the same time, ensuring that all transactions at individual units in the entire system of the credit institution are fully and timely inspected and controlled.

To organize the study of documents relating to the anti-corruption work, the criminal prevention in various forms so as to improve the knowledge of laws and awareness of law observance of each staff; To propagandize, disseminate and guide the identification of fraud acts, fraudulent schemes in banking activity to heighten the prevention from these types of crimes.

To examine, review the outstanding cases of legal violation, corruption, drawing up a detailed plan on absolute settlement of such cases and recovery of the lost assets.

To pay more attention to the management work and improvement of the staff quality. To comply with provisions of laws, regulations of the credit institution in the recruitment, employment, promotion, appointment, change of work position of staffs; To resolutely remove any staff who is corrupted and has any negative act and commits violations of laws from the institution; To timely deal with the head of the unit that lets the violation and corruption happen.

4. Implementation organization:

This Directive shall come into effect from its signing date.

On a quarterly basis, credit institutions shall report the implementation result of this Directive (the quarterly report shall consist of a separate content on the anti-corruption and criminal prevention).

4.3 Director of the Administrative Department, Director Banking Inspection and Supervision Department and Head of units of the State Bank, General Manager of State Bank s branches in provinces, cities under the central Government s management, Chairman of Board of Directors, Chairman of Board of Members and General Director (Director) of credit institutions shall implement this Directive.