Thông tư 17/2018/TT-NHNN sửa đổi các Thông tư về cấp Giấy phép, mạng lưới hoạt động và hoạt động ngoại hối của tổ chức tín dụng

THE STATE BANK OF VIETNAM

Circular No. 17/2018/TT-NHNN dated  August 14, 2018 of the State Bank of Vietnam on amending and supplementing a number of articles of Circulars prescribing licensing, business network and foreign exchange operations of credit institutions and foreign bank branches  

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

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

Pursuant to the Government's Decree No. 16/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

Upon the request of the Director of the Department of Legal Affairs;

The State Bank's Governor hereby issues the Circular amending and supplementing a number of Articles of Circulars prescribing licensing, business network and foreign exchange operations of credit institutions and foreign bank branches. 

Article 1. To amend, supplement and repeal a number of certain Articles of the Circular No. 40/2011/TT-NHNN dated December 15, 2011 of the State Bank’s Governor prescribing licensing, organization and operation of commercial banks, foreign bank branches and representative offices of foreign credit institutions and other foreign organizations involved in banking operations in Vietnam.

1. To amend and supplement Point dd clause 2 Article 9 as follows:

“dd) All founding shareholders shall be required to own at least 50% of the charter capital when establishing a joint-stock commercial bank, and all of those who are legal persons shall own at least 50% of total shares of founding shareholders;".

2. To amend and supplement Point e clause 2 Article 9 as follows:

“e) Notwithstanding the conditions prescribed in point c and dd of this clause, a founding shareholder who is an individual person must satisfy the following conditions:

(i) Hold the Vietnamese citizenship;

(ii) Not a prohibited person as provided in the Enterprise Law;

(iii) Not eligible to use mobilized funding sources and funds borrowed from any organization or individual as the contributed capital;

(iv) Be a manager of the enterprise earning profits within a minimum period of 03 consecutive years preceding the year of submission of the application for a business license, or holding a undergraduate or postgraduate degree in economics or law;".

3. To amend and supplement Point g (ii) clause 2 Article 9 as follows:

“(ii) Not allowed to use mobilized funding sources and funds borrowed from any other organization or individual as the contributed capital;”.

4. To repeal Point a, b and d clause 2 Article 9; to annul the words "a, b" specified in point g clause 2 Article 9, clause 3 Article 10.

Article 2. To repeal a number of Articles of the Circular No. 21/2013/TT-NHNN dated September 9, 2013 of the State Bank’s Governor prescribing business networks of commercial banks

To repeal the point I clause 1 Article 6.

Article 3. To repeal a number of Articles of the Circular No. 21/2014/TT-NHNN dated August 14, 2014 of the State Bank’s Governor providing guidance on the scope of foreign exchange operations, conditions, procedures and processes for approval of foreign exchange operations of credit institutions and foreign bank branches

To repeal point a clause 2 Article 10 (which has been amended and supplemented by clause 10 Article 1 of the Circular No. 28/2016/TT-NHNN dated October 5, 2016 amending and supplementing certain articles of the Circular No. 21/2014/TT-NHNN dated August 14, 2014 of the State Bank’s Governor providing guidance on the scope of foreign exchange operations, conditions, procedures and processes for approval of foreign exchange operations of credit institutions and foreign bank branches).

Article 4. To amend, supplement and repeal a certain Articles of the Circular No. 30/2015/TT-NHNN dated December 25, 2015 of the State Bank’s Governor prescribing the licensing, organizational structure and operation of non-banking credit institutions

1. To amend Clause 5 Article 11 (which has been amended and supplemented by clause 2 Article 1 of the Circular No. 15/2016/TT-NHNN dated June 30, 2016 amending and supplementing certain articles of the Circular No. 30/2015/TT-NHNN dated December 25, 2015 of the State Bank’s Governor prescribing the licensing, organizational structure and operation of non-banking credit institutions) as follows:

“5. Not allowed to use mobilized funding sources and funds borrowed from any other organization or individual as the contributed capital;”.

2. To amend and supplement Point a clause 6 Article 11 (which has been amended and supplemented by clause 2 Article 1 of the Circular No. 15/2016/TT-NHNN dated June 30, 2016 amending and supplementing certain articles of the Circular No. 30/2015/TT-NHNN dated December 25, 2015 of the State Bank’s Governor prescribing the licensing, organizational structure and operation of non-banking credit institutions) as follows:

“a) Hold the Vietnamese citizenship;”.