Circular No. 13/2020/TT-NHNN amends and supplements certain articles of Circular No. 22/2018/TT-NHNN regarding procedures and documents for approving the list of proposed personnel for commercial banks, non-bank credit institutions, and foreign bank branches. This document provides more specific regulations on the person signing the request to the State Bank of Vietnam for approval of the list of proposed personnel.
Đối tượng áp dụng
[Commercial banks, non-bank credit institutions, foreign bank branches]
Các điểm cốt lõi
- Credit institutions shall have their legal representative sign the request to the State Bank of Vietnam for approval of the list of proposed personnel (Article 3).
- In cases where credit institutions lack a legal representative, the Board of Directors or Board of Members must sign the request (Article 3).
- Foreign bank branches shall have their General Director or Director sign the request to the State Bank of Vietnam for approval of the list of proposed personnel (Article 3).
- If the legal representative, Board of Directors, Board of Members, General Director, or Director authorizes another person to sign, there must be a valid power of attorney in accordance with the provisions of the law (Article 3).
- In cases where foreign bank branches lack a General Director or Director, the authorized representative of the foreign bank will sign the request to the State Bank of Vietnam for approval of the list of proposed personnel (Article 3).
🌐 Tác động xã hội từ văn bản này
- To enhance transparency and clarity in identifying the authorized person to sign the request to the State Bank of Vietnam for approval of the list of proposed personnel.
- To reduce legal risks when credit institutions or foreign bank branches carry out this procedure.
❓ Câu hỏi thường gặp
Who can the legal representative of a credit institution authorize to sign the request to the State Bank of Vietnam for approval of the list of proposed personnel?
The legal representative may authorize another member of the Board of Directors or a designated person in compliance with the law.
In cases where a credit institution lacks a legal representative, who will sign the request to the State Bank of Vietnam?
The Chairman of the Board of Directors or Chairman of the Board of Members will sign.
In cases where a foreign bank branch lacks a General Director or Director, who will sign the request to the State Bank of Vietnam?
The authorized representative of the foreign bank will sign.
Toàn văn
CIRCULAR
Amending and supplementing certain articles of Circular No. 22/2018/TT-NHNN
dated September 5, 2018, of the Governor of the State Bank of Vietnam guiding the procedures and documents for approving the list of proposed personnel of commercial banks, non-bank credit institutions
and foreign bank branches
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, and the Law Amending and Supplementing Certain Provisions of the Law on Credit Institutions dated November 20, 2017;
Pursuant to Decree No. 16/2017/NĐ-CP dated February 17, 2017 of the Government on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of Banking Inspection and Supervision;
dated April 7, 2014 of the Government on the organization and operation of banking inspection and supervision;amending and supplementing certain provisions of Circular No. 22/2018/TT-NHNN dated September 5, 2018 of the Governor of the State Bank of Vietnam guiding the procedures and documents for approving the list of proposed personnel of commercial banks, non-bank credit institutions and foreign bank branches (hereinafter referred to as Circular No. 22/2018/TT-NHNN)
Article 1. Amending and supplementing certain articles of Circular No. 22/2018/TT-NHNN
Clause 2, Article 3 shall be amended and supplemented as follows:
"2. The document of the credit institution, foreign bank branch requesting the State Bank to approve the list of proposed personnel:
a) For credit institutions: A document signed by the法定代表人。如果法定代表人授权他人签署，文件必须包含符合法律规定的形式的授权书。
在信用机构缺乏法定代表人的情况下，该机构的请求文件应由董事会或股东会出具，并由董事会主席或股东会主席签署。如果董事会主席或股东会主席授权其他董事会成员签署，则授权应按照法律规定进行，并且文件必须包含符合法律规定形式的授权书；
b) 对于外国银行分行：由总经理（行长）签署。如果总经理（行长）授权他人签署，文件必须包含符合法律规定形式的授权书。在外国银行分行缺乏总经理（行长）的情况下，由该外国银行的有权代表签署请求文件。"
Article 2. Responsibility for Implementation
The Director of the Office, the Director of Banking Inspection and Supervision, the Heads of units under the State Bank, commercial banks (excluding state-owned commercial banks), non-bank credit institutions, and foreign bank branches are responsible for organizing the implementation of this Circular.
Article 3. Implementation Provisions
This Circular takes effect from December 28, 2020.
DEPUTY DIRECTOR
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