LIST
Chapter I
GENERAL PROVISIONS
Article
1. Scope
Article
2. Subjects of application
Article
3. Application of the Law on Credit Institutions, international treaties,
international trade practices and relevant laws
Article
4. Interpretation of terms
Article
5. Use of terms relating to banking operations
Article
6. Organizational form of the credit institution
Article
7. Right to autonomy operations
Article
8. Right to banking operations
Article
9. Co-operation and competition in banking operations
Article
10. Protection of customers' interests
Article
11. Responsibility to prevent and combat money laundering and terrorism
financing
Article
12. Legal representative of the credit institution
Article
13. Supply of information
Article
14. Information confidentiality
Article
15. Database backup
Article
16. Share purchase by foreign investors
Article
17. Policy Bank
Chapter II
LICENSE
Article
18. Competence to grant and withdraw permits
Article
19. Legal capital
Article
20. Conditions for the grant of a License
Article
21. Dossier, order and procedures for applying for a License
Article
22. Time limit for licensing
Article
23. Licensing Fee
Article
24. Business registration, operation registration
Article
25. Disclosure of operation information
Article
26. Conditions for inauguration of operation
Article
27. Use of License
Article
28. Revocation of a License
Article
29. Changes must be approved by the State Bank
Chapter III
ORGANIZATION, MANAGEMENT AND ADMINISTRATION OF CREDIT
INSTITUTIONS
Section 1. GENERAL PROVISIONS
Article
30. Establishment of branches, representative offices, non-business units,
commercial presence
Article
31. Charter
Article
32. Structure of the credit institution
Article
33. Cases in which the title is not allowed
Article
34. Persons not holding the same position
Article
35. Naturally disqualified
Article
36. Dismissal, removal from office
Article
37. Suspension, temporary suspension of titles of the Board of Directors,
Members' Council, Control Board, General Director (Director)
Article
38. Rights and obligations of managers and executives of credit institutions
Article
39. Responsibility to disclose related interests
Article
40. Internal control system
Article
41. Internal audit
Article
42. Independent audit
Section 2. GENERAL PROVISIONS FOR CREDIT INSTITUTIONS AS JOINT
STOCK COMPANY, LIMITED LIABILITY COMPANY
Article
43. Board of Directors, Board of Members and structure of Board of Directors,
Board of Members
Article
44. Supervisory Board and Supervisory Board structure
Article
45. Tasks and powers of the Control Board
Article
46. Rights and obligations of the Head of the Control Board
Article
47. Rights and obligations of members of the Control Board
Article
48. General Director (Director)
Article
49. Rights and obligations of the General Director (Director)
Article
50. Standards and conditions for managers, executives and a number of other
titles of credit institutions
Article
51. Approval of the tentative list of persons elected, appointed as members of
the Board of Directors, Members' Council, Control Board, General Director
(Director) of the credit institution
Section 3. CREDIT INSTITUTION IS A JOINT STOCK COMPANY
Article
52. Types of shares, shareholders
Article
53. Rights of common shareholders
Article
54. Obligations of common shareholders
Article
55. Share ownership ratio
Article
56. Offer for sale and transfer of shares
Article
57. Buy-back of shareholders' shares
Article
58. Shares
Article
59. General meeting of shareholders
Article
60. Convene the General Meeting of Shareholders at the request of the State
Bank
Article
61. Report on the results of the General Meeting of Shareholders
Article
62. The Board of Directors of a credit institution is a joint stock company
Article
63. Tasks and powers of the Board of Directors
Article
64. Rights and obligations of the Chairman of the Board of Directors
Article
65. Rights and obligations of members of the Board of Directors
Section 4. CREDIT INSTITUTION IS ONE MEMBER LIMITED LIABILITY
COMPANY
Article
66. Rights and duties of owners
Article
67. Duties and powers of the Members' Council
Article
68. Rights and obligations of the Chairman of the Members' Council
Article
69. Rights and obligations of members of the Members' Council
Section 5. CREDIT INSTITUTION IS A LIMITED LIABILITY COMPANY
WITH TWO OR MORE MEMBERS
Article
70. Capital-contributing members, duties and powers of capital-contributing
members
Article
71. Transfer of contributed capital, redemption of contributed capital
Article
72. Council of members
Section 6. CREDIT INSTITUTION IS COMMUNITY COOPERATION
Article
73. Nature and objectives of operation
Article
74. Establishment of a credit institution being a cooperative
Article
75. Organizational structure
Article
76. Charter capital
Article
77. Charter
Article
78. Members' rights
Article
79. Members' obligations
Article
80. Members' general assembly
Article
81. Board of Directors
Article
82. Tasks and powers of the Board of Directors
Article
83. Organization and operation of the Control Board
Article
84. Tasks and powers of the Control Board
Article
85. General Director (Director) of a cooperative bank or people's credit fund
Article
86. Rights and obligations of the General Director (Director)
Section 7. MICROFINANCE ORGANIZATION
Article
87. Types of microfinance institutions
Article
88. Members, contributed capital, organizational structure and operating areas
of a microfinance institution
Section 8. BRANCHES OF FOREIGN BANK IN VIETNAM
Article
89. Administration and administration of foreign bank branches
Chapter IV
OPERATION OF CREDIT INSTITUTIONS
Section 1. GENERAL PROVISIONS
Article
90. Permitted scope of activities of the credit institution
Article
91. Interest rates and fees in business activities of credit institutions
Article
92. Issuance of deposit certificates, promissory notes, treasury bills and
bonds by credit institutions
Article
93. Internal regulations
Article
94. Examination and approval of credit granting, inspection of loan use
Article
95. Termination of credit extension, debt settlement, interest rate exemption
or reduction
Article
96. Retention of credit records
Article
97. Electronic banking operations
Section 2. OPERATION OF A COMMERCIAL BANK
Article
98. Banking operations of commercial banks
Article
99. Borrowing capital from the State Bank
Article
100. Borrowing from credit institutions, financial institutions
Article
101. Opening an account
Article
102. Organization and participation in payment systems
Article
103. Capital contribution, share purchase
Article
104. Participation in the money market
Article
105. Trading and providing foreign exchange services and derivative products
Article
106. Trust and agency operations
Article
107. Other business activities of commercial banks
Section 3. OPERATION OF FINANCIAL COMPANY
Article
108. Banking operations of finance companies
Article
109. Opening of accounts of finance companies
Article
110. Capital contribution and share purchase in finance companies
Article
111. Other business operations of finance companies
Section 4. OPERATION OF FINANCIAL LEASE COMPANY
Article
112. Banking operations of financial leasing companies
Article
113. Financial leasing activities
Article
114. Opening an account of a financial leasing company
Article
115. Capital contribution and share purchase by financial leasing companies
Article
116. Other operations of the financial leasing company
Section 5. OPERATION OF CREDIT INSTITUTION IS COMMUNITY
COOPERATION
Article
117. Operations of cooperative banks
Article
118. Operations of people's credit funds
Section 6. OPERATION OF MICROFINANCE INSTITUTION
Article
119. Capital mobilization by microfinance institutions
Article
120. Credit extension by microfinance institutions
Article
121. Opening an account of a microfinance institution
Article
122. Other operations of microfinance institutions
Section 7. OPERATION OF A BRANCH OF FOREIGN BANK IN VIETNAM
Article
123. Contents of operations of foreign bank branches
Chapter V
REPRESENTATIVE OFFICE OF FOREIGN CREDIT INSTITUTIONS, OTHER
FOREIGN ORGANIZATION WITH BANKING ACTIVITIES
Article
124. Establishment of Representative Office
Article
125. Activities of representative offices
Chapter VI
LIMITATIONS TO ENSURING SAFETY IN THE OPERATION OF CREDIT
INSTITUTIONS
Article
126. Cases where credit is not granted
Article
127. Credit extension restrictions
Article
128. Credit extension limits
Article
129. Limits on capital contribution and share purchase
Article
130. Safety assurance ratio
Article
130a. Apply early intervention for credit institutions, foreign bank branches
Article
131. Risk provisions
Article
132. Real estate business
Article
133. Requirements for ensuring safety in electronic banking operations
Article
134. Rights and obligations of the controlling company
Article
135. Capital contribution, share purchase between subsidiaries, affiliated
companies, controlling companies
Chapter VII
FINANCE, ACCOUNTING, REPORTING
Article
136. Financial regime
Article
137. Fiscal year
Article
138. Accounting and accounting
Article
139. Reserve fund
Article
140. Purchase and investment in fixed assets
Article
141. Reporting
Article
142. Report of the controlling company
Article
143. Publicity of Financial Statements
Article
144. Remittance of profits and transfer of assets abroad
Chapter VIII
SPECIAL CONTROLLERS, RESTRICTIONS, BANKRUPTCY, DISSOLUTION,
LIQUIDATION OF CREDIT INSTITUTIONS
Section 1. SPECIAL CONTROLS
Article
145. Cases where credit institutions are placed under special control
Article
145a. Decide to put the credit institution under special control
Article
145b. Termination of special control
Article
146. The authority to decide on the restructuring of a credit institution is
under special control
Article
146a. The duties and powers of the State Bank over credit institutions are
under special control
Article
146b. Duties and powers of the Special Control Board
Article
146c. Responsibilities of credit institutions with special control, owners,
capital contributors, shareholders, Board of Directors, Members' Council,
Control Board, General Director (Director) of credit institutions use is under
special control
Article
146d. Special loan
Article
146đ. Governance, administration and operations of the credit institution are
under special control
Section 1a. ASSESSMENT OF STATUS AND DECISION ON POLICY ON
RESTRUCTURING CREDIT INSTITUTIONS UNDER SPECIAL CONTROLS
Article
147. Overall assessment of the status of the credit institution under special
control
Article
147a. Proposing and deciding the policy of restructuring credit institutions
under special control
Section 1b. THE METHOD OF RECOVERING A CREDIT INSTITUTION ARE
SPECIAL CONTROLLED
Article
148. Development and approval of restoration plan
Article
148a. Content recovery plan
Article
148b. Measures to support the implementation of the recovery plan
Article
148c. Organize the implementation of the recovery plan
Article
148d. Conditions for supporting credit institutions
Article
148đ. Rights and obligations of the supporting credit institution
Section 1c. METHOD OF MERGING, CONSOLIDATION, TRANSFER OF ALL
SHARES, CONTRIBUTIONS OF CREDIT INSTITUTIONS UNDER SPECIAL CONTROL
Article
149. Merging, consolidating, and transferring all shares and capital
contributions of the credit institution under special control
Article
149a. Develop and approve plans for merger, consolidation and transfer of all
shares and capital contributions
Article
149b. Content of plan for merger, consolidation and transfer of all shares and
capital contributions
Article
149c. Measures to support implementation of plans for merger, consolidation and
transfer of all shares and capital contributions
Article
149d. Organize the implementation of the plan for merger, consolidation and
transfer of all shares and capital contributions
Section 1d. THE DISSOLUTION METHOD OF A CREDIT INSTITUTION IS
SPECIAL CONTROLLED
Article
150. Dissolution of a credit institution under special control
Article
150a. Organization of dissolution implementation
Section 1đ. METHOD OF COMPULSORY TRANSFER OF A COMMERCIAL BANK
SPECIAL CONTROLLED
Article
151. Mandatory transfer of commercial banks under special control
Article
151a. Develop and approve the transfer scheme forcing the special controlled
commercial bank
Article
151b. Required content transfer plan
Article
151c. Measures to support the implementation of the compulsory transfer plan
Article
151d. Implementing the compulsory transfer plan
Article
151đ. Conditions for the transferee
Article
151e. Rights of the transferee
Article
151g. Handling of shares, contributed capital in excess of the prescribed limit
and handling legal entities for commercial banks under special control after
compulsory transfer
Section 1e. THE BANKING METHOD OF CREDIT INSTITUTIONS ARE
SPECIAL CONTROLLED
Article
152. Bankruptcy of credit institutions is under special control
Article
152a. Formulate and approve bankruptcy plans
Article
152b. Content bankruptcy plan
Article
152c. Organize the implementation of the bankruptcy plan
Section 2.RGANIZATION, DISSOLUTION, BANKRUPTCY, LIQUIDATION,
DEFORMATION OF CAPITAL, ASSETS
Article
153. Reorganization of credit institutions
Article
154. Dissolution of credit institutions, foreign bank branches
Article
155. Bankruptcy of a credit institution
Article
156. Liquidation of credit institutions, foreign bank branches
Article
157. Blockade of capital and assets of foreign bank branches
Chapter IX
STATE MANAGEMENT AGENCY
Article
158. State management agency
Article
159. Competence to examine, inspect and supervise
Article
160. Rights and obligations of subjects of inspection and supervision
Chapter X
TERMS ENFORCEMENT
Article
161. Transition Provisions
Article
162. Entry into force
Article 163. Detailed provisions and implementation guidance
