Decision No. 35/2014/QĐ-TTg on the functions, tasks, powers, and organizational structure of the Banking Inspection and Supervision Agency under the State Bank of Vietnam

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Banking Inspection and Supervision Agency

under the State Bank of Vietnam

________________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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;

Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 156/2013/NĐ-CP dated November 11, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of Inspection and Supervision in the Banking Sector;

At the proposal of the Governor of the State Bank of Vietnam,

The Prime Minister issues a Decision to stipulate the functions, tasks, powers, and organizational structure of the Banking Inspection and Supervision Agency under the State Bank of Vietnam.

Article 1. Position and Functions

1. The Banking Inspection and Supervision Agency is equivalent to a General Department, directly under the State Bank of Vietnam (hereinafter referred to as the State Bank), performing advisory and assisting functions for the Governor of the State Bank in managing state affairs concerning credit organizations, foreign bank branches, deposit insurance, anti-money laundering, anti-terrorism financing, and other related matters; conducting administrative inspections, specialized inspections, and banking supervision within the scope of state management of the State Bank; implementing anti-money laundering and anti-terrorism financing measures in accordance with laws and assignments from the Governor of the State Bank.

2. The Banking Inspection and Supervision Agency has legal personality, a seal bearing the National Emblem, a separate account as prescribed by law, and its main office located in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Submit to the Governor of the State Bank for submission to the Government and the Prime Minister for consideration and decision:

a) Draft laws, draft resolutions of the National Assembly, draft ordinances, and draft decisions of the Standing Committee of the National Assembly; draft decrees of the Government, and draft decisions of the Prime Minister regarding the organization and operation of credit organizations, foreign bank branches, representative offices of foreign credit organizations, other foreign organizations engaged in banking activities, banking inspection and supervision, anti-money laundering, and deposit insurance.

b) Strategies, plans, national target programs, action programs, projects, and important initiatives on reforming and developing credit organizations, foreign bank branches, representative offices of foreign credit organizations, other foreign organizations engaged in banking activities, banking inspection and supervision, anti-money laundering, and deposit insurance.

2. Submit to the Governor of the State Bank for decision, approval, or issuance:

a) Long-term, five-year, and annual plans for the development of credit organizations, foreign bank branches, representative offices of foreign credit organizations, other foreign organizations engaged in banking activities, banking inspection and supervision, anti-money laundering, and anti-terrorism financing;

b) Circulars regulating the organization and operation, and the safety of banking operations of credit organizations, foreign bank branches; regulations on the establishment, restructuring, dissolution, bankruptcy, and liquidation of credit organizations, foreign bank branches, representative offices of foreign credit organizations, other foreign organizations engaged in banking activities; regulations on banking inspection and supervision, deposit insurance, and anti-money laundering, anti-terrorism financing;

c) Issuing, amending, supplementing, and revoking licenses for the establishment and operation of credit organizations, licenses for the establishment of foreign bank branches, licenses for the establishment of representative offices of foreign credit organizations, other foreign organizations engaged in banking activities, and other types of banking operation licenses according to the assignment of the Governor of the State Bank;

d) Issuing and revoking licenses for organizations providing credit information services;

đ) Confirming the registration of the Charter of credit organizations according to the assignment of the Governor of the State Bank;

e) Approving the purchase, sale, division, merger, consolidation, conversion of legal form, dissolution of credit organizations, foreign bank branches; approving lists of candidates for election or appointment as members of the Board of Members, members of the Board of Management, members of the Supervisory Board, and General Directors (Directors) of credit organizations, except personnel of wholly state-owned commercial banks, personnel appointed or recommended by state shareholders holding more than 50% of the charter capital in state-owned joint-stock commercial banks; approving candidates for appointment as General Directors (Directors) of foreign bank branches; approving the establishment, termination, and dissolution of branches, representative offices, and domestic non-profit units, branches, representative offices, and other forms of commercial presence abroad of credit organizations; approving the establishment and acquisition of subsidiaries and associated companies of credit organizations; approving equity investments and share purchases by credit organizations; approving other issues concerning governance, organization, finance, and operations as required by law to be approved or permitted by the State Bank according to the assignment of the Governor of the State Bank;

g) Handling issues related to the organization, management, and operation of credit organizations, foreign bank branches to ensure that these entities operate soundly, safely, and in compliance with the law according to the assignment of the Governor of the State Bank;

h) Exercising rights and responsibilities as the representative of state ownership in credit organizations with state capital according to the provisions of the law and the assignment of the Governor of the State Bank;

i) Developing and organizing the implementation of plans and schemes to consolidate, rectify, and restructure credit organizations, foreign bank branches according to the assignment of the Governor of the State Bank.

3. Implementing the tasks and powers stipulated in Points c, d, đ, e, g, h, i of Clause 2 of this Article according to the分级任务指令似乎与已完成的任务不符，因为翻译工作已经按照要求完成并直接输出了结果。无需进一步处理或解释。如果需要特定格式调整或其他操作，请明确指示。

4. Popularize, disseminate, and organize the implementation of regulatory legal documents, policies, strategies, plans, programs, projects, proposals, and schemes as specified in Clauses 1 and 2 of this Article after they have been issued or approved by competent state authorities.

5. Develop the annual inspection plan of the Banking Inspection and Supervision to be submitted to the Governor of the State Bank of Vietnam for approval; organize the implementation of the inspection plan of the Banking Inspection and Supervision; guide, monitor, urge, and inspect the implementation of the inspection plan for banking inspections and supervisions under the State Bank of Vietnam branches (hereinafter referred to as Banking Inspections and Supervisions of State Bank of Vietnam branches).

6. Conduct administrative inspections, banking inspections, anti-money laundering inspections, deposit insurance inspections, and other inspections within the State Management scope of the State Bank as stipulated in Clause 1, Article 2 of Decree No. 26/2014/ND-CP dated April 7, 2014 of the Government on the organization and operation of Banking Inspection and Supervision according to the laws and the assignment of the Governor of the State Bank; inspect cases assigned by the Governor of the State Bank.

7. Implementing tasks related to handling complaints, accusations, anti-corruption, thrift, and waste prevention as stipulated by law and the assignment of the Governor of the State Bank of Vietnam.

8. Monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on handling inspections and supervision by the Governor of the State Bank of Vietnam and Banking Inspection and Supervision Agencies.

9. Verify the accuracy and legality of inspection conclusions and post-inspection handling decisions made by the Chief Inspector of the State Bank branch, the Director of the State Bank branch, and the Chairman of the People's Committee of the province for matters under the management of the State Bank when necessary.

10. Carry out banking supervision over entities subject to banking supervision as stipulated in Clause 2, Article 2 of Decree No. 26/2014/ND-CP according to the laws and the assignment of the Governor of the State Bank.

11. Apply measures within their authority or recommend competent authorities to implement measures to ensure safety and handle violations against inspected banking entities and supervised banking entities according to the laws.

12. Advise and assist the Governor of the State Bank in performing the responsibilities of the State Bank in preventing and combating money laundering and terrorism financing according to the laws on preventing and combating money laundering and terrorism financing.

13. Direct, inspect, and organize the implementation of inspection and supervision work; guide administrative inspection and banking inspection and supervision business for State Bank branches' Inspection and Supervision. Guide and inspect units under the banking sector to implement laws on inspection and supervision, complaints, accusations, anti-corruption, and anti-money laundering and terrorism financing within the State Management scope of the State Bank.

14. Require inspected banking entities, supervised banking entities, and related agencies, organizations, and individuals to report and provide information and documents serving inspection and supervision activities, anti-money laundering, and terrorism financing.

15. Summarize and draw lessons from inspection and supervision work within the State Management scope of the State Bank.

16. Request State Bank branches' Inspection and Supervision to report on banking inspection and supervision work, complaint resolution, anti-corruption, and anti-money laundering and terrorism financing; compile and report results of inspection and supervision, complaint resolution, anti-corruption, and anti-money laundering and terrorism financing within the State Management scope of the State Bank.

17. Guide and inspect the activities of associations and non-governmental organizations in areas under the State Bank's management and according to the delegation and authorization of the Governor of the State Bank.

18. Organize research and application of scientific and technological progress in banking management, inspection, and supervision, anti-money laundering, and terrorism financing; modernize technical infrastructure of the banking inspection and supervision system, anti-money laundering, and terrorism financing; organize training for banking inspectors and other civil servants under the Banking Inspection and Supervision; train and enhance professional knowledge and skills for staff involved in banking inspection and supervision, complaint resolution, anti-corruption, and anti-money laundering and terrorism financing.

19. International cooperation in the field of banking management, inspection, and supervision, anti-money laundering, and terrorism financing.

20. Implement administrative reform in the fields of activity of the Banking Inspection and Supervision Agency according to the State Bank's administrative reform plan.

21. Advise and assist the Governor of the State Bank in managing deposit insurance.

22. Manage organizational structure and staffing; implement salary systems and incentive policies, recruitment, employment, appointment, dismissal, retirement, resignation, rewards, and disciplinary actions for cadres, civil servants, and workers under the Banking Inspection and Supervision Agency according to the Governor of the State Bank's classification; give opinions on rewarding groups and individuals in the banking sector according to the laws.

23. Manage and use financial resources and assets allocated according to the delegation of the Governor of the State Bank of Vietnam and the provisions of the law.

24. Perform other tasks and powers as prescribed by law and assigned by the Governor of the State Bank of Vietnam.

Article 3. Organizational Structure

1. The Department of Inspection and Supervision of Domestic Credit Institutions (referred to as Department I).

2. The Department of Inspection and Supervision of Foreign Credit Institutions (referred to as Department II).

3. The Department of Administrative Inspection, Complaint Resolution, and Anti-Corruption (referred to as Department III).

4. The Department of Banking System Safety Supervision (referred to as Department IV).

5. The Department of Banking Operation Safety Policy (referred to as Department V).

6. The Department of Licensing and Management of Credit Institutions and Banking Activities (referred to as Department VI).

7. The Department of Cadre and Civil Servant Organization (referred to as Department VII).

8. Office.

9. The Hanoi Banking Inspection and Supervision Bureau (referred to as Bureau I).

10. The Ho Chi Minh City Banking Inspection and Supervision Bureau (referred to as Bureau II).

11. The Anti-Money Laundering Bureau (referred to as Bureau III).

Units under the Banking Inspection and Supervision Agency may be organized into divisions.

The Governor of the State Bank shall specify the functions, tasks, powers, and specific organizational structure of units under the Banking Inspection and Supervision Agency.

Article 4. The Inspection and Supervision Bureau of Banking in Hanoi City, the Inspection and Supervision Bureau of Banking in Ho Chi Minh City

1. Position, functions, organizational structure:

a) The Inspection and Supervision Bureau of Banking in Hanoi City, the Inspection and Supervision Bureau of Banking in Ho Chi Minh City are units under the Banking Inspection and Supervision Authority, performing inspection and supervision over banking inspection subjects, banking supervision subjects, and tasks as prescribed by law, the State Bank of Vietnam, and according to the分级授权和委托的银行业监督管理局局长；

b) The Inspection and Supervision Bureau of Banking in Hanoi City, the Inspection and Supervision Bureau of Banking in Ho Chi Minh City have their own seals and separate accounts; the Inspection and Supervision Bureau of Banking in Hanoi City has its headquarters in Hanoi City, and the Inspection and Supervision Bureau of Banking in Ho Chi Minh City has its headquarters in Ho Chi Minh City;

c) The Inspection and Supervision Bureau of Banking in Hanoi City, the Inspection and Supervision Bureau of Banking in Ho Chi Minh City have a Director, not more than three Deputy Directors, banking inspectors, and other civil servants.

The Director and Deputy Directors of the Inspection and Supervision Bureau of Banking in Hanoi City, the Inspection and Supervision Bureau of Banking in Ho Chi Minh City are appointed, relieved, or dismissed by the Governor of the State Bank of Vietnam upon the proposal of the Director of Banking Inspection and Supervision;

2. Tasks and powers of the Inspection and Supervision Bureau of Banking in Hanoi City, the Inspection and Supervision Bureau of Banking in Ho Chi Minh City (hereinafter referred to collectively as the Inspection and Supervision Bureau of Banking):

a) Inspect banking inspection subjects within the scope of state management assigned to the Inspection and Supervision Bureau of Banking and as prescribed by law;

b) Supervise banking supervision subjects within the scope of state management assigned to the Inspection and Supervision Bureau of Banking and as prescribed by law;

c) Conduct inspections assigned by the Director of Banking Inspection and Supervision;

d) Apply measures for handling within their authority or propose competent authorities to implement measures to ensure safety and handle violations of banking inspection subjects and banking supervision subjects as prescribed by law;

e) Carry out administrative inspection tasks, complaints, and reports as prescribed by law, the State Bank of Vietnam, and according to the分级授权和委托的银行业监督管理局局长；

f) Implement anti-corruption tasks as prescribed by laws on anti-corruption;

g) Summarize and report the results of inspection, supervision, complaint resolution, and anti-corruption work within the scope of management assigned to the Inspection and Supervision Bureau of Banking;

h) Monitor, urge, and inspect the implementation of conclusions, recommendations, and decisions on inspection and supervision made by the Inspection and Supervision Bureau of Banking;

i) Perform certain tasks related to licensing activities as stipulated in Decree No. 26/2014/NĐ-CP as prescribed by the State Bank of Vietnam;

j) Organize training and guidance on inspection and supervision business for banking inspectors and other civil servants under the Inspection and Supervision Bureau of Banking;

k) Summarize and draw lessons from inspection, supervision, complaint resolution, and anti-corruption work within the scope of management assigned to the Inspection and Supervision Bureau of Banking;

l) Carry out tasks related to anti-money laundering, anti-terrorism financing, and other tasks as prescribed by law, the State Bank of Vietnam, and according to the分级授权和委托的银行业监督管理局局长；

3. Tasks and powers of the Director of the Inspection and Supervision Bureau of Banking:

a) Comply with the directives and management of the Director of Banking Inspection and Supervision as prescribed by law;

b) Lead and direct the Inspection and Supervision Bureau of Banking to perform tasks and powers as stipulated in Clause 2 of this Article and relevant legal documents;

c) Organize the implementation of the work program and inspection plan of the Banking Inspection and Supervision Authority within the scope of management of the Inspection and Supervision Bureau of Banking and as assigned by the Director of Banking Inspection and Supervision;

d) Propose the Director of Banking Inspection and Supervision to resolve issues related to inspection and supervision work within their authority;

e) Decide on banking inspectors and other civil servants under the Inspection and Supervision Bureau of Banking to conduct meetings and direct contacts with banking supervision subjects;

f) Issue inspection decisions and establish inspection teams for banking inspection subjects within the scope of management of the Inspection and Supervision Bureau of Banking or at the request of the Director of Banking Inspection and Supervision; perform the duties and powers of the decision-maker for inspections;

g) Recommend to the Director of Banking Inspection and Supervision to request the Governor of the State Bank of Vietnam branch to dispatch banking inspectors and other civil servants to join inspection teams; summon civil servants and staff members of related agencies and units to participate in inspection activities;

h) Propose the Director of Banking Inspection and Supervision and competent state authorities to apply measures to ensure the safety of banking operations for agencies, organizations, and individuals within the scope of state management of the Inspection and Supervision Bureau of Banking;

i) Propose competent state authorities to amend, supplement, or issue regulations in accordance with management requirements; propose to suspend or revoke regulations found to be contrary to the law through inspection and supervision work;

j) Administer administrative penalties as prescribed by law on administrative offenses and report to the Director of Banking Inspection and Supervision;

k) Report to the Director of Banking Inspection and Supervision on inspection and supervision work and other work of the Inspection and Supervision Bureau of Banking;

l) Perform other tasks and powers as prescribed by the State Bank of Vietnam and according to the分级授权和委托的银行业监督管理局局长；

Article 5. Leadership of the Banking Inspection and Supervision Agency

1. The Banking Inspection and Supervision Agency shall have a Chief Inspector and no more than three Deputy Chiefs. In special cases requiring more than three Deputy Chiefs, the State Bank of Vietnam shall submit to the Prime Minister for decision.

2. The Chief Inspector of Banking Supervision is appointed, dismissed, or removed from office by the Governor of the State Bank of Vietnam after consultation with the General Inspector of the Government.

The Governor of the State Bank of Vietnam appoints, relieves, or dismisses Deputy Chief Inspectors and Supervisors of Banking upon the proposal of the Chief Inspector and Supervisor of Banking and in accordance with the law.

3. The Chief Inspector shall be responsible before the Governor of the State Bank of Vietnam and before the law for all activities of the Banking Inspection and Supervision Agency; the Deputy Chief Inspectors shall be responsible before the Chief Inspector and before the law for the areas of work assigned to them.

4. The Chief Inspector shall perform the tasks and powers stipulated in Article 8 of Decree No. 26/2014/ND-CP; the tasks and powers of the Chief Inspector of Ministries and agencies at the ministerial level according to the laws on inspection, and other relevant laws.

Article 6. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect from August 1, 2014, and replace Decision No. 83/2009/QD-TTg dated May 27, 2009 of the Prime Minister regarding the functions, tasks, powers, and organizational structure of the Banking Inspection and Supervision Agency under the State Bank of Vietnam.

2. The Governor of the State Bank of Vietnam, Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairpersons of provincial People's Committees directly under the Central Government, and the Chief Inspector shall be responsible for implementing this Decision./.