THE STATE BANK OF VIETNAM ___________ No. 22/2022/TT-NHNN | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness _______________________ Hanoi, December 30, 2022 |
THE CIRCULAR
Amending and supplementing a number of articles of Circular No. 05/2018/TT-NHNN dated March 12, 2018, of the Governor of the State Bank of Vietnam, stipulating the dossiers, orders and procedures for approving the changes, the list of candidates to be elected and appointed by a cooperative credit institution
______________
Pursuant to the Law on Credit Institutions dated June 16, 2010;
Pursuant to the Law on Amending and Supplementing a Number of Articles of the Law on Credit Institutions dated November 20, 2017;
Pursuant to Decree No. 102/2022/ND-CP dated December 12, 2022, of the Government, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;
At the request of the Chief Inspector of the Banking Supervision Agency;
The Governor of the State Bank of Vietnam promulgates the Circular amending and supplementing a number of articles of Circular No. 05/2018/TT-NHNN dated March 12, 2018, of the Governor of the State Bank of Vietnam, stipulating the dossiers, sequences and procedures for approving the changes, the list of candidates to be elected and appointed by a cooperative credit institution (hereinafter referred to as Circular No. 05/2018/TT-NHNN).
Article 1. Amending and supplementing a number of articles of Circular No. 05/2018/TT-NHNN
1. To amend and supplement Clause 2, Article 3 as follows:
“2. The Director of the State Bank branch in the province or centrally run city where the head office of people's credit fund is located shall approve the changes and list of candidates of the people's credit fund under its management in accordance with Clauses 1 and 2, Article 1 of this Circular."
2. To amend and supplement Article 4 as follows:
“Article 4. Principles for preparing, sending and returning dossier results
1. Written request of cooperative credit institution to the State Bank of Vietnam or the State Bank branch in the province or centrally run city (hereinafter referred to as the State Bank) for approval of the changes, the list of candidates shall be signed by the at-law representative of the cooperative credit institution. If signed by authorized representative, it must have a written authorization prepared in accordance with the law.
2. The dossier is made into 01 (one) set in Vietnamese.
3. The cooperative credit institution shall submit 01 (one) set of dossiers of request in one of the following three ways:
a) Submit directly to the State Bank's single-window section;
b) Send via postal service;
c) Submit online via the national public service portal or the State Bank's public service portal for requests for approval of the changes and the list of candidates specified in Article 5, Article 6, Article 7, Article 9 and Article 11 of this Circular. In case the national public service portal system or the State Bank's public service portal has problems or errors that prevent it from receiving and exchanging electronic information, then exploiting, sending, receiving, and returning results, information exchange and feedback shall be carried out via postal service or directly at the State Bank's single-window section.
4. The cooperative credit institution is responsible for the completeness, accuracy, and truthfulness of the information stated in the dossier of request for approval of the changes and the list of candidates.
5. The cooperative credit institution sends a set of dossiers of request for approval of the changes and the list of candidates as follows:
a) The cooperative bank shall send it to the State Bank of Vietnam (the Banking Supervisory Agency);
b) The people's credit fund shall send it to the State Bank branch in the province or centrally run city (hereinafter referred to as the State Bank branch) where its head office is located.
6. The State Bank’s written request for additional documents, response documents, approval documents, decisions on amendment and supplement of the licenses are made in the form of paper or electronic documents (for request for approval of the changes and the list of candidates specified in Article 5, Article 6, Article 7, Article 9 and Article 12 of this Circular).”
3. To amend and supplement Article 5 as follows:
“Article 5. Change of name
1. A dossier of request includes:
a) Written request for approval of name change according to the form in the Appendix No. 01 issued with this Circular;
b) Resolution of the General Meeting of Members approving the name change.
2. Order of implementation of approval procedures:
a) The cooperative credit institutions prepare documents according to Clause 1 of this Article and send them to the State Bank. In case of the incomplete dossier, within 03 working days from the date of receiving the dossier, the State Bank shall send a written request to the cooperative credit institution to supplement the dossier;
b) Within 15 days from the date of receipt of complete and valid dossiers, the State Bank shall issue a decision on amendment and supplement of the license for the name of the cooperative credit institution; in case of refusal, the State Bank shall give written response indicating reasons for such refusal.”
4. To amend and supplement Clause 1, Clause 4 and Clause 5, Article 6 as follows:
“1. A dossier of request includes:
a) Written request for approval of change of the location of the head office according to the form in the Appendix No. 02 issued with this Circular;
b) Resolution of the General Meeting of Members approving the change of the location of the head office;
c) Documents proving the cooperative credit institution’s eligibility for use or ownership of the head office at the new location.”
“4. Within 15 days before the date of operation at the new location, the cooperative credit institution shall send a written report on the expected date of commencement of operations at the new location to the State Bank. The cooperative credit institution is not allowed to operate at a new location if the head office does not meet the requirements for the location to be changed as committed in the written request for change of the location of the head office.
5. In case of change of address but no change in head office location, the cooperative credit institution shall send the State Bank a written request for approval of change of the head office address according to the form in the Appendix No. 03 issued together with this Circular.
Within 10 days from the date of receiving the written request from the cooperative credit institution, the State Bank shall issue a decision on amendment and supplement of the license for the address of the head office of the cooperative credit institution.”
5. To amend and supplement Point a, Point b, Clause 1, Article 7 as follows:
“1. A dossier of request includes:
a) Written request for approval of change of the content and scope of operations according to the form in the Appendix No. 04 issued with this Circular;
b) Resolution of the General Meeting of Members approving the changes in content and scope of operation;”
6. To amend and supplement Clause 1 and Clause 2, Article 9 as follows:
“1. A dossier of request includes:
a) Written request for approval of change of charter capital level according to the form in the Appendix No. 05 issued with this Circular;
b) The plan on increase in charter capital level, including at least the following contents:
(i) Fund used to supplement charter capital;
(ii) Fund used to return capital contributions to members and responsiveness to conditions for returning capital contributions to members (if any);
c) The plan on reduction of charter capital level, including at least the following contents:
(i) Fund used to supplement charter capital (if any);
(ii) Fund used to return capital contributions to members and responsiveness to conditions for returning capital contributions to members;
(iii) Estimated time of completion of the reduction of charter capital;
d) Resolution of the General Meeting of Members, including at least the following contents:
(i) Change in charter capital;
(ii) Approval of the list of admission of new members and release of members from the people's credit fund; decision on member expulsion;
In case of request for approval to reduce the charter capital level, the charter capital level requested to be reduced must be in accordance with the law on state capital and have plans to comply with the rate of safety in the operation of cooperative credit institutions;
dd) List of members contributing capital and expected to have their capital returned during the year according to the form in the Appendix No. 06 issued with this Circular.
2. Order of implementation of approval procedures:
a) The cooperative credit institution shall prepare the dossier according to Clause 1 of this Article and send it to the State Bank. In case of the incomplete dossier, within 03 working days from the date of receiving the dossier, the State Bank shall send a written request to supplement the dossier;
b) Within 20 days after receiving the complete and valid dossier.
(i) In case of increasing charter capital level: The State Bank shall issue the decision on amendment and supplement of the license for the charter capital level of cooperative credit institution;
(ii) In case of reducing charter capital level: The State Bank shall issue a written approval of reduction of the charter capital level of cooperative credit institution in the case of reducing the charter capital level. The cooperative credit institution can only implement plans on reduction of charter capital after receiving approval from the State Bank;
(iii) In case of refusal, the State Bank shall give a written response indicating reasons for such refusal.
7. To amend and supplement Article 11 as follows:
“Article 11. Dossier of request for approval of the list of candidates
1. Written request to the State Bank for approval of the list of candidates according to the form in the Appendix No. 07 issued with this Circular.
2. Resolution of the Board of Directors approving the list of candidates of the cooperative credit institution, which commits that the candidates to be elected and appointed must meet the standards and conditions prescribed in the Law on Credit Institutions, relevant laws and the Charter of the cooperative credit institution.
3. Personal curriculum vitae of the candidates to be elected and appointed according to the form in the Appendix No. 08 issued with this Circular.
4. Judicial record certificates of the candidates to be elected and appointed which must contain sufficient information on the status of criminal records (including criminal records already expunged and those not yet expunged).
Judicial record certificates must be issued by a competent authority within 06 months before the cooperative credit institution submits the dossier of request for approval of the list of candidates.
5. Declaration of related persons of the candidates to be elected and appointed according to the form in the Appendix No. 09 issued with this Circular.
6. Diplomas and certificates of the candidates to be elected and appointed proving that they meet the standards and conditions according to the regulations of the State Bank. In case the diplomas and certificates are issued by foreign education establishments, they must be recognized by competent Vietnamese agencies according to relevant laws."
8. To amend and supplement Article 12 as follows:
“Article 12. Procedures for approval of the list of candidates
1. At least 30 days before the expected date of the General Meeting of Members or the expected date of the Board of Directors of appointment (including employment) of the Director General (Director), the cooperative credit institution shall prepare dossiers according to Article 11 of this Circular, send the written request for approval of the list of candidates to the State Bank.
The State Bank shall exploit necessary information in the national population database when reviewing and appraising residence information. In case the necessary information in the national population database cannot be exploited, the State Bank has the right to request cooperative credit institutions to provide written confirmation of residence information of the candidates to be elected and appointed by the competent residence registration agency in accordance with relevant laws.
2. In case of the incomplete dossier, within 03 working days from the date of receiving the dossier, the State Bank shall send a written request to the cooperative credit institution to supplement the dossier.
3. Within 10 days from the date of receipt of complete and valid dossiers, the State Bank shall issue a written approval of the list of candidates proposed by the cooperative credit institutions; in case of refusal, the State Bank shall give written response indicating reasons for such refusal.”
9. To add Clause 6 to Article 14 as follows:
“6. Coordinate with the Information Technology Department in guiding and handling the arising issues of the cooperative bank during the process of receiving documents and returning results via the national public service portal and the State Bank public service portal for the services specified at Point c, Clause 3 and Clause 6, Article 4 of this Circular.”
10. To add Clause 7 to Article 15 as follows:
“7. Coordinate with the Information Technology Department in guiding and handling the arising issues of the people's credit funds under its management during the process of receiving documents and returning results via the national public service portal and the State Bank public service portal for the services specified at Point c, Clause 3 and Clause 6, Article 4 of this Circular.”
11. To add Article 16a as follows:
“Article 16a. Responsibilities of the Information Technology Department
1. Act as the focal point in and coordinate with the Banking Supervisory Agency and State Bank branches in the receipt of dossiers and the return of results via the national public service portal and the State Bank public service portal for the services specified at Point c, Clause 3 and Clause 6, Article 4 of this Circular.
2. Handle technical issues related to online public services during implementation and operation."
12. To amend and supplement Point a(i) Clause 2 and Point b Clause 3 Article 16 as follows:
a) To amend and supplement Point a(i) Clause 2 as follows:
“(i) Number of members to be elected to the Board of Directors and Supervisory Board, including the expected number of full-time members of the Supervisory Board;”
b) To amend and supplement Point b, Clause 3 as follows:
“b) Within 10 working days from the date of election and appointment of Chairperson and other members of the Board of Directors, the head and other members of the Supervisory Board, full-time supervisors, the Director General (Director), the cooperative credit institution must send a written notice to the State Bank of the list of elected and appointed candidates according to the form in the Appendix No. 10 issued with this Circular, specifically:
(i) The cooperative bank shall send it to the Banking Supervisory Agency;
(ii) The people's credit fund shall send it to the State Bank branch.”
Article 2. Annulling a number of Appendices issued with Circular No. 05/2018/TT-NHNN
To annul Appendix No. 02 and Appendix No. 03 issued with Circular No. 05/2018/TT-NHNN dated March 12, 2018, of the Governor of the State Bank, stipulating the dossiers, orders and procedures for approving the changes, the list of candidates to be elected and appointed by a cooperative credit institution.
Article 3. Responsibilities for implementation organization
The Chief of Office, Chief Inspector of the Banking Supervision Agency, Heads of units under the State Bank of Vietnam, and cooperative credit institutions shall implement this Circular.
Article 4. Implementation provisions
1. This Circular takes effect from March 1, 2023.
2. Online submission via the national public service portal or the State Bank's public service portal and the State Bank’s written request for additional documents, response documents, approval documents, decisions on amendment and supplement of the licenses in the form of electronic documents at Point c, Clause 3 and Clause 6, Article 4 of Circular No. 05/2018/TT-NHNN (amended and supplemented under Clause 2, Article 1 of this Circular) shall be implemented from September 1, 2023.
3. This Circular annuls Clauses 1, 2 and 4, Article 3, Appendix No. 02 and Appendix No. 03 issued with Circular No. 21/2019/TT-NHNN dated November 14, 2019, of the Governor of the State Bank of Vietnam, amending and supplementing a number of articles of Circulars regulating the cooperative banks, the people's credit funds and funds for assurance of the safety of the people's credit fund system.
| FOR THE GOVERNOR THE DEPUTY GOVERNOR Dao Minh Tu |
Appendix No. 01
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
WRITTEN REQUEST FOR APPROVAL OF NAME CHANGE
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
Cooperative bank/People's credit fund:................................................................................................
At the General Meeting of Members dated…..…..…..the name change was approved. We now request the State Bank of Vietnam/State Bank branch to consider and approve the name change:
1. Name of the cooperative credit institution stated in the License:
- Full name in Vietnamese: Abbreviation name:
- Name in English (if any): Abbreviation name (if any):
- Head office at (Head office address):
- Email address:
2. Cooperative credit institution’s name to be requested for approval (in compliance with relevant laws on naming):
- Full name in Vietnamese: Abbreviation name:
- Name in English (if any): Abbreviation name (if any):
3. Reason for change:
…………………………………………………………
…………………………………………………………
………………………………………………………..
Cooperative bank/People's credit fund:....... shall commit to:
a) Take full responsibility for the honesty and accuracy of the written request and attached dossiers.
b) Fully implement and strictly comply with relevant laws upon approval of changes. In case of violation, it shall bear the full responsibility before the law.
............, dated.....................................
At-law representative
(Signature on full name, title and seal)
Appendix No. 02
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
WRITTEN REQUEST FOR APPROVAL OF CHANGE OF THE LOCATION OF THE HEAD OFFICE
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
Cooperative bank/People's credit fund:................................................................................................
At the General Meeting of Members dated , the change of the location of the head office was approved. We now request the State Bank of Vietnam/State Bank branch to consider and approve the change of head office location.
1. Name of the cooperative credit institution:
- Full name in Vietnamese: Abbreviation name:
- Name in English (if any): Abbreviation name (if any):
- Head office (Head office address) stated in the License:
- Email address:
2. Proposed location of the head office requested for approval:
House number, building name, street/road name, commune/ward/town name, district/town name, name of province/centrally run city.
3. Reason and urgency of change:
………………………………………..
……………………………………..
……………………………………….
- Head office relocation plan to ensure continuity in operations:
………………………………………..
……………………………………..
……………………………………….
The cooperative bank/people's credit fund of…..shall commit to:
a) Take full responsibility for the honesty and accuracy of the written request and attached dossiers.
b) Commit that the proposed location for change must:
- Be the workplace of the Board of Directors and Director General (Director);
- Be located in the operation area specified in the License;
- Meet requirements for ensuring asset safety and conform to operational requirements according to regulations of the State Bank;
c) Fully implement and strictly comply with relevant laws upon approval of changes. In case of violation, it shall bear the full responsibility before the law.
............, dated.....................................
At-law representative
(Signature on full name, title and seal)
Appendix No. 03
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
WRITTEN REQUEST FOR APPROVAL OF CHANGE OF THE ADDRESS OF THE HEAD OFFICE
(For cases of change of address but no change in head office location)
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
Cooperative bank/People's credit fund:................................................................................................
We now request the State Bank of Vietnam/State Bank branch to consider and approve the change of head office address.
1. Name of the cooperative credit institution:
- Full name in Vietnamese: Abbreviation name:
- Name in English (if any): Abbreviation name (if any):
- Head office (Head office address) stated in the License:
- Email address:
2. Proposed address of the head office requested for approval:
House number, building name, street/road name, commune/ward/town name, district/town name, name of province/centrally run city.
Cooperative bank/People's credit fund:....... shall commit to:
a) Take full responsibility for the honesty and accuracy of the written request.
b) Fully implement and strictly comply with relevant laws upon approval of changes. In case of violation, it shall bear the full responsibility before the law.
............, dated.....................................
At-law representative
(Signature on full name, title and seal)
Appendix No. 04
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
WRITTEN REQUEST FOR APPROVAL OF CHANGE OF THE CONTENT/SCOPE OF OPERATION
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
Cooperative bank/People's credit fund:................................................................................................
At the General Meeting of Members dated , the change in content/ scope of operation was approved. We now request the State Bank of Vietnam/State Bank branch to consider and approve the change in: content/scope of operation.
1. Name of the cooperative credit institution:
- Full name in Vietnamese: Abbreviation name:
- Name in English (if any): Abbreviation name (if any):
- Head office at (Head office address):
- Email address:
2. Content/scope of operation requested for approval:
……………………………………………
……………………………………………
3. Reason and urgency of change:
……………………………………………
……………………………………………
Cooperative bank/People's credit fund:....... shall commit to:
a) Take full responsibility for the honesty and accuracy of the written request and attached dossiers.
b) Fully implement and strictly comply with relevant laws upon approval of changes. In case of violation, it shall bear the full responsibility before the law.
| ............, dated..................................... At-law representative (Signature on full name, title and seal) |
Appendix No. 05
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
WRITTEN REQUEST FOR APPROVAL OF CHANGE OF CHARTER CAPITAL LEVEL
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
Cooperative bank/People's credit fund:....................
At the General Meeting of Members dated , the change of the charter capital level was approved. We now request the State Bank of Vietnam/State Bank branch to consider and approve the change in charter capital level.
1. Name of the cooperative credit institution:
- Full name in Vietnamese: Abbreviation name:
- Name in English (if any): Abbreviation name (if any):
- Head office at (Head office address):
- Current charter capital level:
- Email address:
2. Charter capital level to be requested for approval:
………………………………………..
3. Reason and urgency of change:
………………………………………..
………………………………………..
Cooperative bank/People's credit fund:....... shall commit to:
a) Take full responsibility for the honesty and accuracy of the written request and attached dossiers.
b) Fully implement and strictly comply with relevant laws upon approval of changes. In case of violation, it shall bear the full responsibility before the law.
| ............, dated..................................... At-law representative (Signature on full name, title and seal) |
Appendix No. 06
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
LIST OF MEMBERS CONTRIBUTING CAPITAL AND TO BE REFUNDED IN.....
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
1. List of capital contributing members
No. | Full name/ Organization name | Address | Contributed capital for establishment of membership status | Additional contributed capital | Total |
Amount | Time of contribution | Amount | Time of contribution |
| | | | | | | |
| | | | | | | |
| | | | | | | |
2. List of members to be refunded
No. | Full name/ Organization name | Address | Total contributed capital (Amount) | Capital amount to be refunded (Amount) | Expected remaining capital contribution (Amount) |
| | | | | |
| | | | | |
| | | | | |
Cooperative bank/People's credit fund:....... commits that:
The information provided above is true. We shall take responsibility before the law for the completeness and accuracy of the above declared information.
............, dated.....................................
At-law representative
(Signature on full name, title and seal)
Appendix No. 07
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
DOSSIER OF REQUEST FOR APPROVAL OF THE LIST OF CANDIDATES
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
Cooperative bank/People's credit fund:................................................................................................
At the Resolution of the Board of Directors dated…..........….….. the list of candidates was approved. We now request the State Bank of Vietnam/State Bank branch to consider and approve the list of candidates.
1. Name of the cooperative credit institution:
- Full name in Vietnamese: Abbreviation name:
- Name in English (if any); Abbreviation name (if any):
- Head office at (Head office address):
- Email address:
2. List of candidates to be requested for approval:
- First candidate:
+ Full name:
+ Current title (if any):
+ Title to be elected and appointed:
+ Have enough health to meet work requirements:
□ Guaranteed □ Not guaranteed
- Second candidate: Declaration is similar to the first candidate.
3. Structure of the Board of Directors and Supervisory Board:
a) Current structure of the Board of Directors and Supervisory Board:
- Number of members of the Board of Directors:
- Number of members of the Supervisory Board:
- Number of full-time members of the Supervisory Board:
b) Expected structure of the Board of Directors and Supervisory Board after election and appointment:
- Number of members of the Board of Directors:
- Number of members of the Supervisory Board:
- Number of full-time members of the Supervisory Board:
4. Reason and urgency of change:
………………………………………
………………………………………
………………………………………
The cooperative bank/people's credit fund of…..shall commit to:
a) Take full responsibility for the honesty and accuracy of the written request and attached dossiers.
b) Commit that the candidates to be elected and appointed are fully capable of civil acts, ensuring standards and conditions as prescribed in the Law on Credit Institutions, relevant laws and the Charter of the cooperative credit institution.
c) Fully implement and strictly comply with relevant laws upon approval of changes. In case of violation, it shall bear the full responsibility before the law.
............, dated.....................................
At-law representative
(Signature on full name, title and seal)
Appendix No. 08
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
CURRICULUM VITAE
1. Personal information
- Full name on birth certificate:
- Common name:
- Nickname (if any):
- Date of birth:
- Gender:
- Place of birth:
- Nationality (existing nationalities):
- Citizen identity card number1:
- Name and address of the legal person represented. In case the person is appointed to represent the State's capital support at a cooperative bank, there must be additional information about the capital contribution ratio represented.
2. Qualifications
- General education
- Academic title and degree (specify name, address of university; major; study period; degree (full list of degrees)
3. Working process:
- Occupation, unit, position from 18 years old to present(2):
No. | Time (from month/year to month/year)(3) | Work unit | Position | Field of operation of the enterprise | Note(4) |
| | | | | |
- Rewards, discipline, and responsibilities according to inspection conclusions leading to credit institutions and foreign bank branches being sanctioned for administrative violations(5).
4. Civil act capacity
5. Commitment before the law
I commit that:
- Meet the standards and conditions to hold the title of... at the cooperative credit institution;
- Notify the cooperative credit institution of any changes related to the content of the above declaration that arise while the State Bank/State Bank branch is considering the request of …………….. (name of the cooperative credit institution);
- Personal information provided to the cooperative bank/people's credit fund:.... to submit to the State Bank/State Bank branch for review and approval of the list of candidates is true. I take responsibility before the law for the completeness, truthfulness, and accuracy of the above declared information.
............, dated.....................................
The declarant
(Signature, full name)
Note:
The declarant must declare all information as required and is responsible before the law and the cooperative credit institution for the completeness, accuracy, and truthfulness of the dossier. In case this does not arise, clearly state unavailable.
1. Citizen identity card numbers are used by the State Bank/State Bank branches to exploit residence information during the process of reviewing and appraising dossiers.
2. The declarant must fully declare his or her job, work unit, current and previous positions.
3. It must ensure continuity in time.
4. Specify the work unit in the following cases:
(i) Units as prescribed at Points c and d, Clause 1, Article 33 of the Law on Credit Institutions:
(ii) Tasks assigned at the work unit.
5. Specify if the personnel falls into the cases mentioned at Points dd and h, Clause 1, Article 33 of the Law on Credit Institutions, which has been amended and supplemented.
In addition to the above basic contents, the declarant can add other contents if necessary.
Appendix No. 09
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
LIST OF RELATED PERSONS
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
No. | The declarant and the declarant's "related person" | Number/date of ID card or Citizen identity card (1)/ Passport | Relationship to the declarant | Position at cooperative credit institution (2) | Capital contribution ratio at cooperative credit institution(3) |
I | Declarant | | | | |
| Nguyen Van A | | The declarant | | |
II. | Related person | | | | |
1. | Nguyen Thi B | | Wife | | |
.... | | | | | |
I commit that the information provided above is true. I take responsibility before the law for the completeness and accuracy of the above declared information.
........, dated ............................
The declarant
(Signature, full name)
Note:
The declarant fully declares the contents of the columns. In case this does not arise, clearly state unavailable.
(1) Identity card or Citizen identity card.
(2) Positions at cooperative credit institutions with request for approval of the list of candidates.
(3) Capital contribution ratio (for members who are individuals or households) or represented capital contribution ratio (for members who are legal entities) at the cooperative credit institution with request for approval of the list of candidates.
Appendix No. 10
(Issued together with Circular No. 22/2022/TT-NHNN dated December 30, 2022 of the Governor of the State Bank)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________
NOTICE
List of the candidates to be elected and appointed as Chairperson and other members of the Board of Directors, the head and other members of the Supervisory Board, Director General/Director, full-time supervisors
Respectfully send to: The State Bank of Vietnam/ the State Bank branch in…..
Based on the candidates to be elected and appointed as Chairperson and other members of the Board of Directors, the head and other members of the Supervisory Board, Director General/Director, full-time supervisors approved by the State Bank/State Bank branch in document No.... dated…/..../…., the cooperative bank/people's credit fund:....................... .... carried out procedures for election and appointment in accordance with the law.
The cooperative bank/people's credit fund:…..reports to the State Bank/State Bank branch the results of the election and appointment of personnel as follows:
1. Board of Directors (in the term of....)
No. | Full name | Elected and appointed titles(1) | Voting ratio at the General Meeting of Members | Resolution on election and appointment of personnel(3) |
| | | | |
2. Supervisory Board (in the term of...)
a) Results of election and appointment of personnel:
No. | Full name | Elected and appointed positions (2) | Voting ratio at the General Meeting of Members | Resolution on election and appointment of personnel |
| | | | |
b) Structure of the Supervisory Board, clearly stating the full-time members and non-full-time members of the Supervisory Board.
3. The General Director (Director) of the cooperative credit institution
No. | Full name | Decision on appointment(3) |
| | |
4. Other contents on the results of election and appointment of personnel (if any)
... , dated.................….................
At-law representative
(Signature on full name, title and seal)
Note:
1. Clearly state the title of Chairperson and other members of the Board of Directors.
2. Clearly state the titles of the Board of Directors and other members of the Supervisory Board and full-time supervisors.
3. Clearly state the number and date of issuance, the effective date of the document and attach a copy.
Vietnamese
Circular 22/2022/TT-NHNN DOC (Word)
Circular 22/2022/TT-NHNN PDF (Original)
