Circular 24/2023/TT-NHNN amend Circulars related to provision of information on population upon carrying out administrative procedures concerning establishment and operations of banks

CIRCULAR

Amending and supplementing a number of articles of Circulars related to submission, presentation and provision of information and documents on population upon carrying out administrative procedures concerning establishment and operations of banks

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Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated June 16, 2010; the Law Amending and Supplementing a Number of Articles of the Law on Credit Institutions dated November 20, 2017;

Pursuant to the Government's Decree No. 102/2022/ND-CP dated December 12, 2022, 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 Circulars related to submission, presentation and provision of information and documents on population upon carrying out administrative procedures concerning establishment and operations of banks.

Article 1. Amending, supplementing, annulling and replacing a number of points and appendices of Circular No. 31/2012/TT-NHNN dated November 26, 2012 of the Governor of the State Bank of Vietnam on cooperative banks

1. To amend and supplement Point a, Clause 5, Article 9 as follows:

“a) List of members contributing capital to the cooperative bank in which the following main contents must be included:

- Name and location of its head office; number of establishment license or business registration certificate or equivalent document; contributed capital amount, capital contribution ratio, and time limit for capital contribution;

- Full name, current residence (if different from permanent/temporary residence); number of the people’s identity card or personal identification number for persons who are lawful representatives or contributed capital representatives;".

2. To annul Point c, Clause 4 and Point g, Clause 5, Article 9.

3. To replace Appendix No. 01 and Appendix No. 02 with Appendix No. 01 and Appendix No. 02 issued together with this Circular respectively.

Article 2. Replacing a number of appendices of Circular No. 01/2023/TT-NHNN dated March 1, 2023 amending and supplementing a number of articles of Circular No. 04/2015/TT-NHNN dated March 31/ 2015 of the Governor of the State Bank of Vietnam on people's credit funds

To replace Appendix 01, Appendix 02, Appendix 03 and Appendix 04 with Appendix 03, Appendix 04, Appendix 05 and Appendix 06 issued together with this Circular respectively.

Article 3. Amending, supplementing, annulling and replacing a number of clauses, points and appendices of Circular No. 03/2018/TT-NHNN dated February 23, 2018 of the Governor of the State Bank of Vietnam on licensing, organization and operations of microfinance institutions

1. To amend and supplement Points d(iii) and d(iv), Clause 1, Article 9 as follows:

a) To amend and supplement Point d(iii) as follows:

“(iii) List of affiliated persons of the candidate, made according to the form provided in Appendix No. 08a to this Circular;”;

b) To amend and supplement Point d(iv) as follows:

 “(iv) Copies of passports or valid passport alternatives with regard to individuals that do not hold Vietnamese nationality;”.

2. To amend and supplement Points c, d(v) and dd(i), Clause 1, Article 11 as follows:

a) To amend and supplement Point c as follows:

 “c) The list of founding members, signed by the head of the Preparatory Committee, including the following contents:

(i) With regard to an individual founding member: full name; date of birth; number of the people’s identity card or personal identification number;

(ii) With regard to an institutional founding member: Name of the organization, number of establishment license or business registration certificate or equivalent document; information about the capital contributor’s lawful representative and representative of its contributed capital amounts at the microfinance institution, including number of the people’s identity card or personal identification number (in the case where he/she holds Vietnamese nationality), number of passport or valid passport alternative, date of issuance, place of issuance, nationality/nationalities (in the case where he/she does not hold Vietnamese nationality);

(iii) Capital contribution levels (stating the amount of capital in Vietnam dong, in other assets and capital contribution ratio of each member);

(iv) Capital contribution plan (stating the capital contribution method and schedule);";

b) To amend and supplement Point d(v) as follows:

“(v) Copies of passports or valid passport alternatives (in the case where he/she does not hold Vietnamese nationality) of the capital contributor’s lawful representative and representative of its contributed capital amounts at the microfinance institution;";

c) To amend and supplement Point dd(i) as follows:

“(i) Curriculum vitae and list of affiliated persons, made according to the form provided in Appendix No. 02 and Appendix No. 08b to this Circular;”.

3. To amend and supplement Clause 5, Article 24 as follows:

“5. List of affiliated persons of the candidate, made according to the form provided in Appendix No. 08a to this Circular”.

4. To annul Point dd(iii), Clause 1, Article 11 and Appendix No. 04.

5. To replace Appendix No. 02 with Appendix No. 07 issued together with this Circular.

6. To add Appendix No. 08a and Appendix No. 08b to this Circular.

Article 4. Replacing a number of appendices of Circular No. 22/2022/TT-NHNN dated December 30, 2022 amending and supplementing a number of Articles of Circular No. 05/2018/TT-NHNN dated March 12, 2022 2018 of the Governor of the State Bank of Vietnam, providing the dossiers, order and procedures for approval of changes and expected list of elected and appointed personnel of credit institutions being cooperatives

To replace Appendix No. 08 and Appendix No. 09 with Appendix No. 09 and Appendix No. 10 issued together with this Circular respectively.

Article 5. Replacing and annulling a number of phrases and appendices of Circular No. 10/2018/TT-NHNN dated April 9, 2018 of the Governor of the State Bank of Vietnam providing the dossiers, order and procedures for approval of changes proposed by microfinance institutions

1. To replace the phrase ''Copies of people’s identity cards or citizen identity cards or passports of lawful representatives of organizations and contributed capital representatives at microfinance institutions” with the phrase “copies of passports or valid passport alternatives (in the case where they do not hold Vietnamese nationality) of capital contributors’ lawful representatives and representatives of their contributed capital amounts at the microfinance institution” at Point dd (i), Clause 1, Article 11.

2. To annul the phrase "Copies of their people’s identity cards or citizen identification cards or passports" at Point dd(ii), Clause 1, Article 11.

3. To replace Appendix No. 01 and Appendix No. 02 with Appendix No. 11 and Appendix No. 12 issued together with this Circular respectively.

Article 6. To amend, supplement and replace a number of points, phrases and appendices of Circular No. 23/2018/TT-NHNN dated September 14, 2018 of the Governor of the State Bank of Vietnam, on restructuring, license revocation and liquidation of assets of people’s credit funds

1. To amend and supplement Point g(ii), Clause 2, Article 11 as follows:

“ii) Number of people’s identity card or personal identification number for members who are individuals or household representatives; business registration certificate number or business code for members who are legal entities;".

2. To replace the phrase "permanent residence address" with the phrase "current residence” (if different from permanent/temporary residence), and the phrase "number of people’s identity card or citizen identification card or passport" To replace with the phrase "number of people’s identity card or personal identification number" at Point 1.6, Section B, Appendix 01.

3. To replace Appendix 02 and Appendix 03 with Appendix No. 13 and Appendix No. 14 issued together with this Circular.

Article 7. Amending, supplementing and replacing a number of points and appendices of Circular 25/2017/TT-NHNN dated December 29, 2017 of the Governor of the State Bank of Vietnam, providing the dossiers, order and procedures for approval of changes of non-bank credit institutions

1. To amend and supplement Point dd(i) and dd(ii), Clause 1, Article 9 as follows:

“(i) With regard to an individual: Full name; number of people’s identity card or personal identification number (in the case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative, date of issuance, place of issuance (in the case where he/she does not hold Vietnamese nationality);

(ii) With regard to an organization: Name of the organization, address of its head office, number of establishment license or business registration certificate or equivalent document, date of issuance, place of issuance; full name, number of people’s identity card or personal identification number of the lawful representative of the organization (in the case where he/she holds Vietnamese nationality), number of passport or a valid passport alternative of the lawful representative of the organization (in the case where he/she does not hold Vietnamese nationality), date of issuance, place of issuance;".

2. To amend and supplement Point c(ii), Clause 3, Article 10 as follows:

“(ii) Information of the seller, the buyer, the transferor and the transferee: Name of the organization, address of the head office, number of establishment license or business registration certificate or equivalent document, date of issuance, place of issuance; full name, number of people’s identity card or personal identification number of the lawful representative of the organization (in the case where he/she holds Vietnamese nationality), number of passport or a valid passport alternative of the lawful representative of the organization (in the case where he/she does not hold Vietnamese nationality), date of issuance, place of issuance;".

3. To amend and supplement Points a(i), b(i) and b(ii), Clause 1 and Point b(i), Clause 2, Article 11 as follows:

a) To amend and supplement Point a(i), Clause 1 as follows:

 “(i) Information about the seller and transferor:

- With regard to an individual: Full name, number of people’s identity card or personal identification number (in the case where he/she holds Vietnamese nationality), number of passport or a valid passport alternative, date of issuance, place of issuance (in the case where he/she does not hold Vietnamese nationality);

- With regard to an organization: Name of the organization, address of its head office, number of establishment license or business registration certificate or equivalent document, date of issuance, place of issuance; full name, number of people’s identity card or personal identification number of the lawful representative of the organization (in the case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative of the lawful representative of the organization (in the case where he/she does not hold Vietnamese nationality), date of issuance, place of issuance;";

b) To amend and supplement Points b(i) an b(ii), Clause 1 as follows:

“(i) With regard to an individual: Full name, number of people’s identity card or personal identification number (in the case where he/she holds Vietnamese nationality), number of passport or a valid passport alternative, date of issuance, place of issuance (in the case where he/she does not hold Vietnamese nationality).

(ii) With regard to an organization: Name of the organization, address of its head office, number of establishment license or business registration certificate or equivalent document, date of issuance, place of issuance; full name, number of people’s identity card or personal identification number of the lawful representative of the organization (in the case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative of the lawful representative of the organization (in the case where he/she does not hold Vietnamese nationality), date of issuance, place of issuance;";

c) To amend and supplement Point b(i), Clause 2 as follows:

“(i) Information about the seller, the buyer, the transferor and the transferee:

- With regard to an individual: Full name; number of people’s identity card or personal identification number (in the case where he/she holds Vietnamese nationality), number of passport or a valid passport alternative, date of issuance, place of issuance (in the case where he/she does not hold Vietnamese nationality);

- With regard to an organization: Name of the organization, address of its head office, number of establishment license or business registration certificate or equivalent document, date of issuance, place of issuance; full name, number of people’s identity card or personal identification number of the lawful representative of the organization (in the case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative of the lawful representative of the organization (in the case where he/she does not hold Vietnamese nationality), date of issuance, place of issuance;".

4. To replace Appendix with Appendix No. 15 issued together with this Circular.

Article 8. Amending, supplementing and replacing a number of points and appendices of Circular No. 22/2018/TT-NHNN dated September 5, 2018 of the Governor of the State Bank of Vietnam guiding the procedures and dossiers for approval of expected list of personnel of commercial banks, non-bank credit institutions and foreign bank branches

1. To amend and supplement Point b, Clause 1, Article 7 as follows:

“b) Full name; title and supervisory unit; number of people’s identity card or personal identification number of the Director General (Director) expected to be appointed (in the case where he/she holds Vietnamese nationality); number of passport or a valid passport alternative of the Director General (Director) expected to be appointed (in the case where he/she does not hold Vietnamese nationality), date of issuance, place of issuance;".

2. To replace Appendix No. 01 and Appendix No. 02 with Appendix No. 16 and Appendix No. 17 issued together with this Circular respectively.

Article 9. Responsibilities for implementation

The Chief of Office, Chief Inspector of the Banking Supervision Agency, Heads of units under the State Bank of Vietnam, credit institutions, foreign bank branches and relevant organizations and individuals shall organize the implementation of this Circular.

Article 10. Implementation provisions

1. This Circular takes effect from March 1, 2024.

2. Dossiers that have been received by the State Bank of Vietnam before the effective date of this Circular but have not been reviewed or processed shall continue to be processed in accordance with Circular No. 01/2023/TT-NHNN, Circular No. 03/2018/TT-NHNN, Circular No. 22/2022/TT-NHNN, Circular No. 10/2018/TT-NHNN, Circular No. 23/2018/TT-NHNN, Circular 25/2017/TT-NHNN, and Circular No. 22/2018/TT-NHNN.

3. This Circular annuls Clause 13, Article 2 of Circular No. 13/2019/TT-NHNN dated August 21, 2019 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of relevant Circulars related to licensing, organization and operations of credit institutions and foreign bank branches.

For the Governor

The Deputy Governor

DAO MINH TU

* All Appendices are not translated herein.