Circular No. 24/2023/TT-NHNN Amending and supplementing certain provisions of related Circulars concerning the submission, presentation, and provision of information and documents on population when implementing administrative procedures in the field of establishment and operation of banks

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

Pursuant to the Law on Credit Organizations dated June 16, 2010; THE LAW AMENDING AND SUPPLEMENTING SEVERAL PROVISIONS OF THE LAW ON CREDIT ORGANIZATIONS dated November 20, 2017;

Pursuant to Decree No. 102/2022/NĐ-CP dated December 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

At the proposal of the Director of Banking Inspection and Supervision;

The Governor of the State Bank of Vietnam issues this Circular amending and supplementing certain articles of Circulars related to the submission, presentation, and provision of information and documents on population when performing administrative procedures in the field of establishment and operation of banks.

1. Amending and supplementing point a Clause 5 Article 9 as follows:

"a) List of members participating in capital contribution to cooperative credit institutions, including the following main contents:

- Name and location of headquarters; License number for establishment or Business Registration Certificate number or equivalent document; amount of capital contribution, proportion of capital contribution, period of capital contribution;

- Full name; current place of residence (in case different from permanent or temporary residence registration); Identity Card number or Personal Identification Number for individuals who are legal representatives or capital contributors of members;"

2. Abolishing point c Clause 4 and point g Clause 5 Article 9.

3. Replacing Appendix No. 01 and Appendix No. 02 with Appendix No. 01 and Appendix No. 02 issued together with this Circular.

Article 2. Replacing certain appendices of Circular No. 01/2023/TT-NHNN dated March 1, 2023, amending and supplementing certain 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

Replacing Appendix No. 01, Appendix No. 02, Appendix No. 03, and Appendix No. 04 with Appendix No. 03, Appendix No. 04, Appendix No. 05, and Appendix No. 06 issued together with this Circular.

Article 3. Amending, supplementing, abolishing, and replacing certain 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 issuing Licenses, organization, and operation of microfinance organizations

1. Amending and supplementing point d(iii) and d(iv) Clause 1 Article 9 as follows:

a) Amending and supplementing point d(iii) as follows:

"(iii) Declaration of persons related to the proposed election or appointment of personnel according to Model Appendix No. 08a issued together with this Circular;"

b) Amending and supplementing point d(iv) as follows:

"(iv) Copy of passport or other documents substituting for passport for individuals without Vietnamese nationality;"

2. Amending and supplementing point c, point d(v), and point đ(i) Clause 1 Article 11 as follows:

a) Amending and supplementing Point c as follows:

"c) List of founding members signed by the Chairman of the Preparatory Board, including the following contents:

(i) For individual founding members: Full name; date of birth; Identity Card number or Personal Identification Number;

(ii) For organizational founding members: Name of organization; License number for establishment or Business Registration Certificate number or equivalent document; Identity Card number or Personal Identification Number (for individuals with Vietnamese nationality), passport copy or other documents substituting for passport, date of issue, place of issue, nationality/nationalities (for individuals without Vietnamese nationality) of the legal representative of the organization participating in capital contribution to establish the microfinance organization and the representative of the organization's capital contribution at the microfinance organization;

(iii) Amount of capital contribution (stating clearly the amount in Vietnamese Dong, other assets, and the proportion of each member's contribution);

(iv) Capital contribution plan (specifying the method and progress of capital contribution);"

b) Amending and supplementing point d(v) as follows:

"(v) Copy of passport or other documents substituting for passport (for individuals without Vietnamese nationality) of the legal representative of the organization participating in capital contribution to establish the microfinance organization and the representative of the organization's capital contribution at the microfinance organization;"

c) Amending and supplementing point đ(i) as follows:

"(i) Curriculum vitae, declaration of persons related to the proposed election or appointment according to Model Appendix No. 02, Model Appendix No. 08b issued together with this Circular;"

3. Amending and supplementing Clause 5 Article 24 as follows:

"5. Declaration of persons related to the proposed election or appointment of personnel according to Model Appendix No. 08a issued together with this Circular."

4. Abolishing point đ(iii) Clause 1 Article 11 and Appendix No. 04.

5. Replacing Appendix No. 02 with Appendix No. 07 issued together with this Circular.

6. Supplementing Appendix No. 08a and Appendix No. 08b issued together with this Circular.

Article 4. Replacing some annexes of Circular No. 22/2022/TT-NHNN dated December 30, 2022 amending and supplementing certain Articles of Circular No. 05/2018/TT-NHNN dated March 12, 2018 issued by the Governor of the State Bank of Vietnam on the dossier, procedures, and formalities for approving changes, proposed lists of candidates for election, and personnel appointments of credit cooperatives that are cooperatives.

Replacing Annex No. 08 and Annex No. 09 with Annex No. 09 and Annex No. 10 promulgated together with this Circular.

1. Replacing the phrase "A copy of the Identity Card or Citizen Identification Card or Passport of the legal representative of the organization and the representative of the capital contribution at the microfinance organization" with the phrase "A copy of the passport or other documents having the equivalent value to the passport (for individuals without Vietnamese nationality) of the legal representative of the organization and the representative of the capital contribution at the microfinance organization" at point d(i) Clause 1 Article 11.

2. Abolishing the phrase "A copy of the Identity Card or Citizen Identification Card or Passport" at point d(ii) Clause 1 Article 11.

3. Replacing Annex No. 01 and Annex No. 02 with Annex No. 11 and Annex No. 12 promulgated together with this Circular.

1. Amending and supplementing point g(ii) Clause 2 Article 11 as follows:

"ii) The ID number or individual identification number for individual members, household representatives; business registration certificate number or enterprise code for corporate members;"

2. Replacing the phrase "permanent residence address" with the phrase "current place of residence (in cases other than registered permanent residence or temporary residence)," and replacing the phrase "ID number or Citizen Identification Card number or passport number" with the phrase "ID number or individual identification number" at point I.6 Section B Annex 01.

3. Replacing Annex 02 and Annex 03 with Annex No. 13 and Annex No. 14 promulgated together with this Circular.

1. Amending and supplementing point d(i) and point d(ii) Clause 1 Article 9 as follows:

"(i) For individuals: Full name; ID number or individual identification number (for individuals with Vietnamese nationality); passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality);

(ii) For organizations: Name of organization, main office address, license number or business registration certificate number or equivalent document, date of issue, issuing authority; full name, ID number or individual identification number (for individuals with Vietnamese nationality), passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality) of the legal representative of the organization;"

2. Amending and supplementing point c(ii) Clause 3 Article 10 as follows:

"(ii) Information of the seller, transferor, buyer, transferee: Name of organization, main office address, license number or business registration certificate number or equivalent document, date of issue, issuing authority; full name, ID number or individual identification number (for individuals with Vietnamese nationality), passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality) of the legal representative of the organization;"

3. Amending and supplementing point a(i), point b(i), point b(ii) Clause 1 and point b(i) Clause 2 Article 11 as follows:

a) Amending and supplementing point a(i) Clause 1 as follows:

"(i) Information about the seller, transferor:

- For individuals: Full name; ID number or individual identification number (for individuals with Vietnamese nationality); passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality);

- For organizations: Name of organization, main office address, license number or business registration certificate number or equivalent document, date of issue, issuing authority; full name, ID number or individual identification number (for individuals with Vietnamese nationality), passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality) of the legal representative of the organization;"

b) Amending and supplementing point b(i), point b(ii) Clause 1 as follows:

"(i) For individuals: Full name; ID number or individual identification number (for individuals with Vietnamese nationality); passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality).

(ii) For organizations: Name of organization, main office address, license number or business registration certificate number or equivalent document, date of issue, issuing authority; full name, ID number or individual identification number (for individuals with Vietnamese nationality), passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality) of the legal representative of the organization;"

c) Amending and supplementing point b(i) Clause 2 as follows:

"(i) Information about the seller, buyer, transferor, and transferee of shares:

- For individuals: Full name; ID number or individual identification number (for individuals with Vietnamese nationality); passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality);

- For organizations: Name of organization, main office address, license number or business registration certificate number or equivalent document, date of issue, issuing authority; full name, ID number or individual identification number (for individuals with Vietnamese nationality), passport number or other documents having the equivalent value to the passport, date of issue, issuing authority (for individuals without Vietnamese nationality) of the legal representative of the organization;"

4. Replace the Appendix with Appendix No. 15 issued together with this Circular.

Article 8. Amend, supplement, and replace some points and appendices of Circular No. 22/2018/TT-NHNN dated September 5, 2018, guiding procedures and documents for approving lists of proposed personnel for commercial banks, non-bank credit institutions, and foreign bank branches.

1. Amend and supplement Point b Clause 1 Article 7 as follows:

"b) Full name; current position and unit of work; identification card number or individual identification number (for Vietnamese citizens), passport number or substitute travel document, date of issue, place of issue (for non-Vietnamese citizens) of the proposed General Director (Director) to be appointed;"

2. Replace Appendix No. 01 and Appendix No. 02 with Appendix No. 16 and Appendix No. 17 issued together with this Circular.

Article 9. Implementation responsibilities

The Head of the Office, the Chief Inspector and Supervisor of Banking, Heads of units under the State Bank of Vietnam, credit institutions, foreign bank branches, and related organizations and individuals are responsible for organizing the implementation of this Circular.

Article 10. Provisions on implementation

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

2. For files received by the State Bank of Vietnam before the effective date of this Circular that have not been reviewed or processed, continue to implement according to the provisions of 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 No. 25/2017/TT-NHNN, and Circular No. 22/2018/TT-NHNN.

3. This Circular abolishes Clause 13 Article 2 of Circular No. 13/2019/TT-NHNN dated August 21, 2019, amending and supplementing certain articles of related Circulars concerning the issuance of Licenses and operations of credit institutions and foreign bank branches.