Consolidated Document No. 37/VBHN-NHNN On the organization and operation of the Banking Inspection and Supervision

DECREE

On the organization and operation of the Banking Inspection and Supervision

Decree No. 26/2014/ND-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, effective from June 1, 2014, has been amended and supplemented by:

1. Decree No. 43/2019/ND-CP dated May 17, 2019 of the Government amending and supplementing certain articles of Decree No. 26/2014/ND-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, effective from May 17, 2019.

2. Decree No. 146/2024/ND-CP dated November 6, 2024 of the Government amending, supplementing, and abolishing certain articles of Decree No. 102/2022/ND-CP dated December 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam and Decree No. 26/2014/ND-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/ND-CP dated May 17, 2019 of the Government, effective from January 5, 2025.

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;

Based on the Law on Prevention and Combating Money Laundering dated June 18, 2012;

Based on the Law on Deposit Insurance dated June 18, 2012;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

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

The Government issues the Decree on the organization and operation of the Banking Inspection and Supervision[1]^, [2].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and operation of the Banking Inspection and Supervision; banking inspectors; responsibilities of agencies, organizations, and individuals in the activities of the Banking Inspection and Supervision.

Article 2. Inspected Entities and Supervised Entities

1. The inspected entities of the Banking Inspection and Supervision (hereinafter referred to collectively as banking inspection entities):

a) Agencies, organizations, and individuals within the management scope of the State Bank of Vietnam (hereinafter referred to as the State Bank);

b) Banking inspection entities as defined in Article 52 of the Law on the State Bank of Vietnam, including policy banks and subsidiaries of credit institutions;

c) State-owned enterprises established by decision of the Governor of the State Bank;

d) Reporting entities under the responsibility for state management of currency, banking operations, and foreign exchange (hereinafter referred to as currency and banking) according to laws on prevention and combating money laundering;

e) Insurance deposit organizations;

f) Other agencies, organizations, and individuals who have the obligation to comply with legal provisions in fields under the state management of the State Bank.

2.[4] The supervised entities of the Banking Inspection and Supervision (hereinafter referred to collectively as banking supervision entities):

a) Banking supervision entities as defined in Article 56 of the Law on the State Bank of Vietnam, including policy banks and subsidiaries of credit institutions;

b) Other entities as prescribed by law.

Article 3. Application of International Treaties

In case an international treaty to which the Socialist Republic of Vietnam is a party provides differently from the provisions of this Decree, the provisions of the international treaty shall apply.

Article 4. Principles of banking inspection and supervision

1. Ensuring concentration and unity in directing and implementing tasks from central to local levels.

2. Adhering to laws; ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; avoiding overlap in scope, objects, content, and time between agencies performing inspection functions; not hindering the normal operations of inspected agencies, organizations, and individuals, as well as supervised entities.

3. Banking inspections may be conducted by inspection teams or individual banking inspectors.

4. Banking supervision shall be carried out continuously and regularly.

5. Combining the inspection and supervision of policy and law compliance with the inspection and supervision of risks in the activities of inspected banking entities and supervised entities; closely integrating banking inspection and supervision.

6. Conducting comprehensive inspection and supervision of all activities of credit institutions.

7. Implementing according to the provisions of the Law on the State Bank of Vietnam and other relevant legal regulations; in cases where there are differences between the provisions on banking inspection and supervision in the Law on the State Bank of Vietnam and those in other laws, the provisions of the Law on the State Bank of Vietnam shall prevail.

8.[5] The Governor of the State Bank of Vietnam shall stipulate the procedures and formalities for banking inspection and supervision; and分级处理上述输入，保持每个段落的翻译独立且直接：

9. Other principles as prescribed by laws on inspection.

Article 5. Implementation of independent auditing serving the requirements of banking inspection and supervision

1. Banking inspection and supervision authorities have the right to require inspected banking entities and supervised entities to engage independent auditing companies to audit organizational structure, operations, and finances when deemed necessary under the following circumstances:

a) Credit institutions are at risk of being placed under special control measures;

b) Credit institutions are being considered for termination of special control measures;

c) Credit institutions under special control need to be assessed for their financial status, determine enterprise value, actual value of capital stock, and reserve funds as a basis for applying legal measures;

d) Credit institutions are being reorganized as provided for in Article 153 of the Law on Credit Institutions;

e) Subsidiaries, associated companies, or subordinate units of credit institutions show signs affecting the safety and soundness of the credit institution;

f) Weak entities requiring handling and restructuring among inspected banking entities and supervised entities;

g) Assessing the financial status, operations, and level of safety and soundness of inspected banking entities and supervised entities to serve as a basis for applying measures to ensure safety;

h) When the content of inspection and supervision exceeds the capacity of the banking inspection and supervision authorities;

i) Other cases as prescribed by law.

2. Inspected banking entities and supervised entities must settle the costs of auditing as stipulated in Clause 1 of this Article.

Chapter II. ORGANIZATION AND TASKS, POWERS OF BANKING INSPECTION AND SUPERVISION

Article 6. The Organizational System of Banking Inspection and Supervision

Banking inspection and supervision is an inspection agency within the State Bank of Vietnam, organized into a system comprising:

1. The Banking Inspection and Supervision Agency under the State Bank of Vietnam.

2. The Banking Inspection and Supervision Bureau under the Banking Inspection and Supervision Agency.

3. Banking inspection and supervision under the State Bank of Vietnam branch in provinces and centrally governed cities (hereinafter referred to as the State Bank of Vietnam branch inspection and supervision).

Article 7. The Banking Inspection and Supervision Agency

1.[7] The Banking Inspection and Supervision Agency is equivalent to a General Department, directly under the State Bank of Vietnam, performing the function of advising and assisting the Governor of the State Bank of Vietnam in managing credit institutions, foreign bank branches, banking inspection and supervision work, citizen reception, complaint and denunciation resolution, anti-corruption and anti-vices, deposit insurance; implementing administrative inspection, specialized inspection, and banking supervision tasks within the scope of State management of the State Bank of Vietnam, citizen reception, complaint and denunciation resolution, and anti-corruption and anti-vices according to the provisions of the law and the assignment of the Governor of the State Bank of Vietnam.

2.[8] The organizational structure of the Banking Inspection and Supervision Agency includes Departments, Bureaus, and Office (hereinafter collectively referred to as units under the Banking Inspection and Supervision Agency).

The Director of the Banking Inspection and Supervision Bureau may issue decisions for inspections against inspected objects assigned (except for inspections decided by the Chief Inspector and Supervisor of Banking according to Clause 3, Article 8 of this Decree )., performing the duties and powers of the decision maker for inspections and administrative penalty according to the law.

3. The Prime Minister shall specify the tasks, powers, and organizational structure of the Banking Inspection and Supervision Agency based on the proposal of the Governor of the State Bank of Vietnam.

Article 8. Tasks and Powers of the Chief Inspector and Supervisor of Banking

The title of the head of the Banking Inspection and Supervision Agency is the Chief Inspector and Supervisor of Banking. The Chief Inspector and Supervisor of Banking performs the following tasks and powers:

1. Leading, directing, and inspecting inspection and supervision work within the scope of State management of the State Bank of Vietnam; leading the Banking Inspection and Supervision Agency to perform tasks and powers according to the law.

2. Handling overlaps and repetitions in activities of inspection agencies within the State Bank of Vietnam according to Point g, Clause 2, Article 55 of the Inspection Law; reporting to the Chief Inspector of the Government for consideration and decision on handling overlaps and repetitions in activities of inspection agencies within the State Bank of Vietnam with those of inspection agencies under government bodies according to Point d, Clause 2, Article 55 of the Inspection Law.

3. Issuing inspection decisions against inspected objects within the management scope of the State Bank of Vietnam according to the division of labor by the Governor of the State Bank of Vietnam or upon request of the Governor of the State Bank of Vietnam, including administrative inspections, inspections to resolve complaints and denunciations, inspections of anti-corruption work, large and complex specialized inspections, re-inspections, or when deemed necessary; performing the duties and powers of the decision maker for inspections; proposing the Governor of the State Bank branch to appoint banking inspectors and other civil servants to join the inspection team; summoning civil servants and staff from related agencies and units to join the inspection team.

4. Deciding to conduct inspections when discovering signs of law violations by inspected objects or when there are signs of risks threatening the safety of operations of credit institutions and foreign bank branches.

5. Deciding to conduct re-inspections on cases that have been concluded by the Banking Inspection and Supervision Bureau or the State Bank of Vietnam branch inspection and supervision but signs of law violations are discovered through reconsideration and handling of complaints and denunciations, recommendations, and reflections.

6. When discovering signs of law violations or when there are signs of risks threatening the safety of operations of credit institutions and foreign bank branches, requesting the Governor of the State Bank branch to direct the State Bank of Vietnam branch inspection and supervision to conduct inspections against inspected objects assigned by the Governor of the State Bank of Vietnam; if the Governor of the State Bank branch does not comply with the request, reporting to the Governor of the State Bank of Vietnam for consideration and decision.

7. Considering and resolving issues related to inspection and supervision work that the Chief Inspector and Supervisor of Banking at the State Bank branch does not agree with the Governor of the State Bank branch; if the Governor of the State Bank branch disagrees with the resolution, the Chief Inspector and Supervisor of Banking reports to the Governor of the State Bank of Vietnam for consideration and decision.

8. Advising the Governor of the State Bank of Vietnam to suspend the execution of unlawful decisions within the scope of State management of the State Bank of Vietnam discovered through inspections and supervision according to his authority.

9. Advising the Governor of the State Bank of Vietnam to resolve issues related to inspection and supervision work.

10. Advising competent state agencies to amend, supplement, or promulgate regulations in accordance with management requirements; advising to suspend, revoke, or abolish unlawful regulations discovered through inspections and supervision.

11. Imposing administrative penalties or advising competent authorities to impose administrative penalties according to the law on administrative penalty.

12. Recommend the Governor of the State Bank to consider responsibility and handle persons under the Governor's management of the State Bank who violate laws discovered through inspection and supervision or fail to implement conclusions, recommendations, and decisions on inspection and supervision; request heads of other agencies and organizations to consider responsibility and handle persons under their management who violate laws discovered through inspection and supervision or fail to implement conclusions, recommendations, and decisions on inspection and supervision.

13. Recommend the Governor of the State Bank to decide within his authority and organize the implementation of measures to ensure the safety of banking operations for agencies, organizations, and individuals within the scope of State Bank management.

14. Report to the Governor of the State Bank and the General Inspector of the Government on inspection work within the assigned responsibilities; report to the Governor of the State Bank on other aspects of the work of the Inspection and Supervision Agency of the Banking Sector.

15. Inspect and check the responsibility of heads of units under the management of the State Bank in implementing policies, laws, tasks, and granted authorities.

16. Decide on the conduct of meetings and direct contacts with supervised banking entities by banking inspectors and other civil servants of the Inspection and Supervision Agency of the Banking Sector.

17. Decide on the level of supervision for supervised banking entities, except where decided by the Governor of the State Bank.

18. Perform other duties and exercise other powers as prescribed by law or assigned by the Governor of the State Bank.

Article 9. Inspection and Supervision of State Bank Branches

1.[10] Inspection and Supervision of State Bank Branches is a unit within the organizational structure of State Bank Branches, assisting the Director of State Bank Branches in state management, conducting administrative inspections, banking inspections and supervision, handling complaints and denunciations, preventing corruption, money laundering, and financing terrorism against managed, inspected, and supervised entities within their jurisdiction according to the division, delegation, and authorization of the Governor of the State Bank and as prescribed by law. Specifically, Inspection and Supervision of State Bank Branches in Hanoi City and Inspection and Supervision of State Bank Branches in Ho Chi Minh City are equivalent to District-level Units under State Bank Branches in Hanoi City and Ho Chi Minh City respectively.

Inspection and Supervision of State Bank Branches are directly managed and directed by the Director of State Bank Branches and guided and instructed by the Inspection and Supervision Agency of the Banking Sector regarding inspection and supervision work, complaint and denunciation resolution, corruption prevention, money laundering prevention, and terrorism financing prevention.

2. Inspection and Supervision of State Bank Branches have their own seals.

3. Inspection and Supervision of State Bank Branches have a Chief Inspector and Supervisor of State Bank Branches, Deputy Chiefs of Inspector and Supervisor of State Bank Branches, banking inspectors, and other civil servants.

The Chief Inspector and Supervisor of State Bank Branches are appointed, relieved, or dismissed by the Governor of the State Bank upon the proposal of the Director of State Bank Branches and the consensus opinion of the Chief Inspector and Supervisor of the Banking Sector. Deputy Chiefs of Inspector and Supervisor of State Bank Branches are appointed, relieved, or dismissed by the Director of State Bank Branches upon the proposal of the Chief Inspector and Supervisor of State Bank Branches.

4. The Governor of the State Bank shall specify the specific duties, powers, and organizational structure of Inspection and Supervision of State Bank Branches in accordance with Article 10 of this Decree; decides to dissolve the Inspection and Supervision Branches of the State Bank of Vietnam based on the requirements for performing management, inspection, and supervision tasks of banking activities.

Article 10. Duties and powers of the Inspection and Supervision Branches of the State Bank of Vietnam

1. Drafting annual inspection plans to be submitted to the Director of the State Bank of Vietnam Branch for approval; drafting and implementing inspection plans and work programs within the responsibilities of the Inspection and Supervision Branches of the State Bank of Vietnam.

2. Inspecting the implementation of policies, laws, and duties and powers of agencies, organizations, and individuals under the direct management of the State Bank of Vietnam Branch.

3. Inspecting banking entities within the scope of state management assigned to the State Bank of Vietnam Branch.

4. Inspecting other cases assigned by the Head of Banking Inspection and Supervision or the Director of the State Bank of Vietnam Branch.

5. Supervising banking entities within the scope of state management assigned to the State Bank of Vietnam Branch and as prescribed by law.

6. Applying measures within their authority or recommending competent authorities to implement measures to ensure safety and handle violations against inspected banking entities and supervised banking entities as prescribed by law.

7. Implementing directives and guidance from the Banking Inspection and Supervision Agency regarding administrative inspection, banking inspection and supervision, complaint and accusation resolution, anti-corruption, anti-money laundering, and anti-terrorism financing.

8. Advising and assisting the Director of the State Bank of Vietnam Branch in performing certain licensing tasks stipulated in Article 30 of this Decree according to分级任务，继续翻译剩余部分：

9. Monitoring, urging, and inspecting the implementation of conclusions, recommendations, and decisions on inspections and supervision made by the Director of the State Bank of Vietnam Branch and the Inspection and Supervision Branches of the State Bank of Vietnam.

10. Performing tasks related to complaint and accusation resolution as prescribed by law on complaints and accusations.

11. Performing tasks related to anti-corruption as prescribed by law on anti-corruption.

12. Advising and assisting the Director of the State Bank of Vietnam Branch in summarizing and reporting results on inspection and supervision, complaint and accusation resolution, and anti-corruption within the scope of management assigned to the State Bank of Vietnam Branch.

13. Implementing reports and providing information and materials as required by the Banking Inspection and Supervision Agency.

14. Organizing training sessions on inspection and supervision business for banking inspectors and other civil servants under the Inspection and Supervision Branches of the State Bank of Vietnam.

15. Summarizing and drawing lessons from inspection and supervision work within the scope of management assigned to the State Bank of Vietnam Branch.

16. Performing tasks related to anti-money laundering, anti-terrorism financing, and other duties and powers as prescribed by law or assigned by the Head of Banking Inspection and Supervision or the Director of the State Bank of Vietnam Branch.

Article 11. Tasks and Authorities of the Head of Inspection and Supervision at the State Bank Branch

1. Lead and direct inspection and supervision work within the management scope of the State Bank branch; lead the Inspection and Supervision Department of the State Bank branch to perform tasks and exercise powers as prescribed in this Decree and other relevant legal documents.

2. Issue decisions on inspections, establish inspection teams for banking inspection objects within the management scope of the State Bank branch or upon request from the Head of Inspection and Supervision of the State Bank, the Director of the State Bank branch; perform the duties and exercise the powers of the decision maker for inspections.

3. Decide to conduct inspections when signs of law violations by banking inspection objects are detected or when there are signs of risks threatening the safety of operations of credit institutions and foreign bank branches within the assigned management scope and be responsible before the Director of the State Bank branch for such decisions.

4. Recommend the Director of the State Bank branch to resolve issues related to inspection and supervision work within their authority; report to the Head of Inspection and Supervision of the State Bank if such recommendations are not accepted.

5. Decide on the conduct of meetings and direct contacts with banking supervision objects by banking inspectors and other civil servants under the Inspection and Supervision Department of the State Bank branch.

6. Recommend competent state agencies to amend, supplement, or issue regulations in accordance with management requirements; recommend suspension or revocation of unlawful regulations discovered through inspection and supervision activities.

7. Administer administrative penalties according to laws on administrative offenses handling, while reporting to the Director of the State Bank branch and the Head of Inspection and Supervision of the State Bank.

8. Recommend the Director of the State Bank branch to consider responsibility and handle persons under the management of the Director of the State Bank branch who have committed law violations discovered through inspection and supervision or failed to implement conclusions and decisions on inspection and supervision.

9. Recommend the Director of the State Bank branch and competent state agencies to apply measures to ensure the safety of banking operations for organizations, entities, and individuals within the national management scope of the State Bank branch.

10. Propose to the Director of the State Bank branch to request participation of other Directors of State Bank branches, Heads of Inspection and Supervision of the State Bank, and other civil servants, officials participating in inspection teams; summon civil servants and officials from related agencies and units to participate in inspection activities.

11. Report to the Head of Inspection and Supervision of the State Bank and the Director of the State Bank branch on inspection and supervision work and other aspects of work within the management scope of the Inspection and Supervision Department of the State Bank branch.

12. Perform other tasks and exercise other powers as prescribed by law or as delegated and authorized by the Head of Inspection and Supervision of the State Bank and the Director of the State Bank branch.

Chapter III. BANK INSPECTORS AND ASSOCIATED INSPECTION STAFF

Article 12. Banking Inspectors

1. Banking inspectors are civil servants under the Inspection and Supervision of the Banking Industry, appointed to the inspector rank to perform inspection and supervision tasks on banks and other duties of the Inspection and Supervision of the Banking Industry.

2. The appointment and removal of banking inspectors shall be carried out in accordance with the provisions of the law.

3. Banking inspectors shall enjoy benefits and preferential policies, receive training and further education to improve their professional skills and ensure necessary conditions for inspection and supervision activities in accordance with the provisions of the law.

4. In addition to the general standards for inspectors prescribed in the Law on Inspection and related legal documents, banking inspectors must have knowledge of state management, legal knowledge in fields within the jurisdiction of the State Bank of Vietnam, and other standards as stipulated by the Governor of the State Bank of Vietnam.

5. Banking inspectors shall have duties, powers, and responsibilities as prescribed by law.

Article 13.[11] (Repealed)

Chapter IV. ACTIVITIES OF INSPECTION AND SUPERVISION IN THE BANKING INDUSTRY

Section 1. INSPECTION ACTIVITIES

Article 14. Administrative Inspection

Administrative inspection shall be conducted in accordance with the provisions of the Law on Inspection, detailed regulations and guidance documents implementing the Law on Inspection, and other relevant legal documents.

Article 15. Content and Forms of Banking Inspection

1. Content of banking inspection;

a) Inspection of compliance with laws on currency and banking, other relevant legal provisions, and implementation of regulations in licenses issued by the State Bank of Vietnam;

b) Examination and assessment of the level of risk, risk management capability, and financial situation of the inspected banking entity; examination and assessment of potential risks, quality, and effectiveness of governance systems, operational systems, auditing systems, internal control systems, risk management systems of credit institutions, foreign bank branches, including identification, measurement, monitoring, control, and mitigation of risks through consideration of factors affecting operational safety, quality, and effectiveness of risk management, ability to withstand risks of credit institutions, foreign bank branches;

c) Recommendation to competent state agencies to amend, supplement, revoke, or promulgate regulatory legal documents to meet the requirements of state management over currency and banking;

d) Recommendation and requirement for the inspected banking entity to take measures to limit, reduce, and handle risks to ensure the safety of banking operations and prevent and stop actions leading to violations of the law;

e) Detection, prevention, and handling within the scope of authority; recommendation to competent state agencies to handle violations of the law.

2. Forms of banking inspection:

a) Planned inspections are conducted according to plans approved by authorized authorities;

b) Unscheduled inspections are conducted when signs of violation of the law, occurrence of risks, threats to the safety and soundness of the inspected banking entity are discovered, or as required for the resolution of complaints and denunciations, anti-corruption, anti-money laundering, anti-terrorism financing, or as assigned by the head of the competent state management agency.

Article 16. Basis for issuing inspection decisions

The basis for issuing inspection decisions shall be carried out in accordance with Article 38 of the Inspection Law, Article 54 of the State Bank of Vietnam Law, and related legal normative documents.

Article 17. Construction and approval of annual inspection plans

1. Not later than November 15 each year, the Banking Inspection and Supervision Authority shall base on the orientation of the inspection program, guidance from the Chief Inspector General of the Government, and the management requirements of the State Bank of Vietnam to submit the annual inspection plan of the Banking Inspection and Supervision Authority to the Governor of the State Bank of Vietnam for approval. The Governor of the State Bank of Vietnam shall be responsible for reviewing and approving the annual inspection plan of the Banking Inspection and Supervision Authority not later than November 25 each year.

2. Not later than December 10 each year, the Branch Banking Inspection and Supervision Authority shall base on the annual inspection plan of the Banking Inspection and Supervision Authority and the management requirements of the Branch State Bank of Vietnam to submit the annual inspection plan of the Branch Banking Inspection and Supervision Authority to the Director of the Branch State Bank of Vietnam for approval and report to the Banking Inspection and Supervision Authority. The Director of the Branch State Bank of Vietnam shall be responsible for reviewing and approving the annual inspection plan of the Branch Banking Inspection and Supervision Authority not later than December 20 each year.

3. In cases where it is necessary to adjust the annual inspection plan of the Banking Inspection and Supervision Authority, the Banking Inspection and Supervision Authority shall issue a document requesting the Governor of the State Bank of Vietnam to approve the adjustment of the inspection plan. Within 15 days from the date of receipt of the request document from the Banking Inspection and Supervision Authority, the Governor of the State Bank of Vietnam shall be responsible for reviewing and deciding.

In cases where it is necessary to adjust the annual inspection plan of the Branch Banking Inspection and Supervision Authority, the Branch Banking Inspection and Supervision Authority shall issue a document requesting the Director of the Branch State Bank of Vietnam to approve the adjustment of the inspection plan. Within 15 days from the date of receipt of the request document from the Branch Banking Inspection and Supervision Authority, the Director of the Branch State Bank of Vietnam shall be responsible for reviewing and deciding. The Branch Banking Inspection and Supervision Authority shall report to the Banking Inspection and Supervision Authority on the contents of the adjustments made to the annual inspection plan of the Branch Banking Inspection and Supervision Authority that have been approved by the Director of the Branch State Bank of Vietnam.

4. In cases where the adjustment of the annual inspection plan by the Director of the Branch State Bank of Vietnam affects the inspection plan already approved by the Governor of the State Bank of Vietnam, the Director of the Branch State Bank of Vietnam must report to the Chief of the Banking Inspection and Supervision Authority to seek approval from the Governor of the State Bank of Vietnam before approving the adjustment of the annual inspection plan.

5. The annual inspection plan under this provision shall be sent to the Banking Inspection and Supervision Authority, inspected banking entities, and relevant agencies and organizations.

Article 18. Authority to issue inspection decisions and re-inspection

1. The Chief Inspector of Banking Supervision, the Director of the Banking Inspection and Supervision Department, and the Chief Inspector of the State Bank of Vietnam branch shall issue inspection decisions.

2. The Chief Inspector of Banking Supervision may decide to conduct a re-inspection of a case that has been concluded by the Director of the Banking Inspection and Supervision Department or the Chief Inspector of the State Bank of Vietnam branch if there are signs of violations discovered through reviewing complaints, reports, recommendations, and reflections.

Article 19. Inspection Period

1. The duration of an inspection conducted by the Banking Inspection and Supervision Department shall not exceed 45 days; in complex cases, it may be extended up to 70 days. If an extension beyond 70 days is necessary, the Banking Inspection and Supervision Department must report to the Governor of the State Bank of Vietnam for approval by the Prime Minister.

2. The inspection period begins on the day the inspection decision is published and ends on the day the inspection concludes at the inspected location.

3. Extensions of the inspection period as stipulated in Clause 1 of this Article shall be decided by the person issuing the inspection decision, with extensions over 70 days requiring a basis in the Prime Minister's decision.

Article 20. Reporting Inspection Results and Inspection Conclusions for Credit Institutions and Foreign Bank Branches

1. Within 25 days from the end of the inspection of credit institutions and foreign bank branches, the Head of the Inspection Team must submit a report on the inspection results, except when the inspection conclusion requires a specialized conclusion from an authorized agency or organization.

2. Based on the inspection result report of credit institutions and foreign bank branches, and the explanations provided by the inspected entity (if any), within 25 days from receiving the inspection result report, the person issuing the inspection decision must sign and issue the inspection conclusion, except when the inspection conclusion requires a specialized conclusion from an authorized agency or organization.

3. The Governor of the State Bank of Vietnam shall provide guidance on the content of inspection result reports, inspection conclusions, and post-inspection handling for inspections of credit institutions and foreign bank branches.

Article 21. Inspections Related to Anti-Money Laundering, Deposit Insurance, and Other Areas Under the State Bank of Vietnam’s Management

1. Anti-money laundering inspections shall be carried out in accordance with laws on anti-money laundering and laws on inspection.

2. Deposit insurance inspections shall be carried out in accordance with laws on deposit insurance and laws on inspection.

3. Inspections of other areas under the State Bank of Vietnam’s management shall be conducted in accordance with relevant laws and laws on inspection.

Article 22. Sending Inspection Conclusions and Publicizing Inspection Conclusions

1. Within 15 days from signing the inspection conclusion, the inspection conclusion must be sent as follows:

a) For inspections conducted by the Banking Inspection and Supervision Agency, the inspection conclusion must be sent to the Governor of the State Bank of Vietnam, the General Inspector of the Government, the Chief Inspector of Banking Supervision, the inspected banking entity, the head of the supervising authority directly above the inspected banking entity (if applicable), and related agencies, organizations, and individuals;

b) For inspections conducted by the State Bank of Vietnam branch’s Inspection and Supervision Department, the inspection conclusion must be sent to the Banking Inspection and Supervision Agency, the Governor of the State Bank of Vietnam branch, the inspected banking entity, the head of the supervising authority directly above the inspected banking entity (if applicable), and related agencies, organizations, and individuals.

2. The inspection conclusion must be publicized, except for contents in the inspection conclusion that are state secrets and sensitive information whose disclosure could affect the operational safety of the inspected banking entity.

3. The person signing the inspection conclusion decides on the content of the inspection conclusion to be publicized and is responsible for its publicization, reporting to the head of the supervising authority at the same level for review and decision if necessary.

4. The method of publicizing the inspection conclusion shall be carried out in accordance with the law.

PART 2. BANK SUPERVISION ACTIVITIES

Article 23. Content and Form of Bank Supervision

1. Content of bank supervision:

a) Collecting, compiling, and processing documents, information, and data of the supervised banking entities according to supervisory requirements; combining overall system safety supervision of credit organizations with individual credit organization and foreign bank branch safety supervision;

b)[13] Examining and monitoring compliance with regulations on safe banking operations and other relevant laws; implementation of conclusions, recommendations, and decisions on inspection; implementation of supervisory recommendations and warnings and corrective measures when early intervention is applied as prescribed in Clause 25, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Credit Organizations;

c)[14] Regularly analyzing and evaluating financial conditions, activities, management, operation, and risk levels of credit organizations and foreign bank branches; conducting annual ranking of credit organizations and foreign bank branches based on safety levels;

d) Identifying and warning about factors affecting, negative trends, risks causing loss of operational safety for each credit organization and foreign bank branch and the entire credit organization system; risks and threats leading to violations of monetary and banking laws;

đ) Recommending and proposing preventive, blocking, and handling measures for risks and legal violations of supervised entities according to legal provisions.

2. Forms of bank supervision:

a) Bank supervision is conducted regularly and continuously through macro-prudential supervision, micro-prudential supervision, and using methods, standards, supervisory tools, and information systems and reports prescribed by the Governor of the State Bank;

b) Micro-prudential supervision is a form of safety supervision for each individual supervised entity, carried out based on a ranking and evaluation system of supervised banks; information and reporting systems serving micro-prudential supervision; safety standards; systems of procedures, tools, standards, and financial and operational analysis skills; evaluating, supervising, and warning about various types of risks and legal violations of supervised entities;

c) Macro-prudential supervision is a form of safety supervision of the entire credit organization system and foreign bank branches, carried out based on indicators reflecting financial health and operational safety levels; information and reporting systems serving macro-prudential analysis and supervision; systems of methods, tools, procedures for analyzing, supervising, and warning about the safety and stability of the credit organization system and foreign bank branches; regular or ad hoc reports on system safety and stability.

Article 24. Coordination between Banking Inspection and Banking Supervision

1. The results of banking supervision are one of the bases for building annual inspection plans and determining the scope, objects, and content of banking inspections.

2. Based on the results of banking supervision, authorized persons may issue decisions to inspect banking objects.

3. The results of inspections are one of the bases for implementing appropriate banking supervision activities.

Article 25. Measures for Banking Supervision

Depending on the level of safety, soundness, and violations of law of the banking supervision object, the Banking Inspection and Supervision Authority shall apply the following measures:

1.[15] Recommend the Governor of the State Bank of Vietnam or the person authorized by the Governor to apply the measures provided for in Article 59 of the Law on the State Bank of Vietnam, and implement early intervention measures as prescribed in Clause 25, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Credit Institutions.

2. Recommend the competent authority to place credit institutions under special control, and apply restructuring measures as prescribed by law.

3. Require the banking supervision object to comply with reporting requirements as requested by the Banking Inspection and Supervision Authority.

4. Recommend the Governor of the State Bank of Vietnam or the person authorized by the Governor to establish a supervisory team to monitor and supervise the banking supervision object.

5. Recommend the Governor of the State Bank of Vietnam or the person authorized by the Governor to suspend, terminate illegal activities and operations that pose risks to the stability of the banking supervision object.

6. Recommend the Governor of the State Bank of Vietnam or the person authorized by the Governor to apply measures to control transactions with potential risks and limit growth and expansion activities that affect the stability of the banking supervision object.

7. Recommend the competent authority to suspend, temporarily suspend, or remove from office managers and executives who violate laws or pose risks to the stability of the banking supervision object; recommend the competent authority not to appoint, reappoint, remove from office, dismiss, terminate employment contracts, or take other measures against individuals whose actions violate laws and pose risks to the stability of the banking supervision object.

8. Other measures as prescribed by law.

Article 26. Basis for Implementing Banking Supervision

1. Legal regulations governing the banking supervision object.

2. Charter and internal policies of the banking supervision object.

3. Financial reports, business reports, periodic activity reports.

4. Statistical reports.

5. Results of inspections, audits.

6. Other relevant information and documents as prescribed by law.

Article 27. Rights and Obligations of the Banking Inspection and Supervision Authority in Banking Supervision Activities

1. Require managers, executives, and employees of the banking supervision object to cooperate with the Banking Inspection and Supervision Authority and provide relevant information and documents for banking supervision; review and evaluate the documents, information, and data provided by the banking supervision object.

2. Review and evaluate the activities of the banking supervision object, including domestic and foreign activities, activities of parent companies, subsidiaries, affiliated companies, and subordinate units affecting the banking supervision object.

3. Warn and advise on risks, operational safety, and legal violations of the banking supervision object.

4. Verify information and documents, and conduct work and exchanges with related units and individuals of the banking supervision object.

5. Require the banking supervision object to report and provide periodic or ad hoc information and documents for supervision; require parent companies, subsidiaries, affiliated companies, and related organizations and individuals to provide information and documents to the Banking Inspection and Supervision Authority for the purpose of supervision.

6. When necessary, require the banking supervision object to conduct independent audits as prescribed in Article 5 of this Decree.

7. Require the banking supervision object or recommend the Governor of the State Bank of Vietnam or the competent state agency to apply preventive, blocking, and handling measures for risks and legal violations of the banking supervision object, amend, supplement, suspend implementation, or revoke provisions contrary to the law or affecting banking stability.

8. Administer administrative penalties against the banking supervision object for violating the law as prescribed by law; compel the banking supervision object to cease illegal acts or business transactions that pose risks or losses to the banking supervision object.

9. Apply banking supervision measures as prescribed at Article 25 of this Decree.

10. Manage and use information and documents serving bank supervision in accordance with the provisions of the law and agreements with the provider.

11. Apply appropriate supervisory measures commensurate with the level of risk, operational safety, and violations of the law by the supervised banking entities.

12. Conduct inspections and examinations of supervised banking entities when signs of law violations, risks, and lack of operational safety are detected.

13. Take the lead and coordinate with relevant agencies, organizations, and units to implement macro-prudential supervision, limit systemic risks, ensure operational safety of banks and credit institutions, and financial stability.

14. Other rights and obligations as prescribed by law.

Article 28. Rights and Obligations of Supervised Banking Entities in the Process of Bank Supervision

1. Perform the rights and obligations of supervised banking entities as stipulated in Article 57 of the Law on the State Bank of Vietnam and Article 160 of the Law on Credit Institutions.

2. Receive and implement recommendations and warnings from the Banking Inspection and Supervision about risks and threats to operational safety and law violations; implement measures to prevent, control, mitigate, and address risks and threats to operational safety and law violations.

3. Implement recommendations and decisions for handling issued by the Banking Inspection and Supervision.

4. Other rights and obligations as prescribed by law.

PART 3. ACTIVITIES OF POLICY DEVELOPMENT AND LEGAL REGULATIONS; LICENSE ISSUANCE

Article 29. Policy Development and Legal Regulations

The Banking Inspection and Supervision Authority advises and assists the Governor of the State Bank of Vietnam in developing and promulgating policies and legal regulations within its scope of management responsibility regarding organizational structure, operations, operational safety of banks, banking inspection and supervision, deposit insurance, according to their authority or for submission to competent authorities for issuance.

Article 30. License Issuance

1.[17] The Banking Inspection and Supervision Authority advises and assists the Governor of the State Bank of Vietnam; Branches of the Banking Inspection and Supervision advise and assist the Director of the State Bank of Vietnam Branches (in cases where the Director of the State Bank of Vietnam Branches is delegated authority and empowered by the Governor of the State Bank of Vietnam):

a) Issue, amend, supplement, revoke licenses for the establishment and operation of credit institutions, foreign bank branches, representative offices of foreign credit institutions, and other foreign organizations engaged in banking activities, and other types of banking activity licenses;

b) Issue and revoke licenses for providing credit information services to organizations;

c) Issue and revoke Certificates of Registration for microfinance programs and projects;

d) Approve transactions involving the purchase, sale, division, merger, consolidation, conversion of legal form, dissolution of credit institutions, foreign bank branches; approve lists of candidates for membership in the Board of Members, Board of Directors, Board of Supervisors, and General Manager (Director) of credit institutions, except personnel appointed or recommended by state shareholders holding 100% of the charter capital of commercial banks, and personnel appointed or recommended by state shareholders holding more than 50% of the charter capital of joint-stock commercial banks; approve candidates for appointment as General Manager (Director) of foreign bank branches; approve the establishment, termination, and dissolution of domestic branches, representative offices, and other business units of credit institutions; approve the establishment, acquisition of subsidiaries and associated companies of credit institutions; approve capital contributions and share purchases by credit institutions; approve other issues concerning governance, organization, finance, and operations that must be approved or permitted by the State Bank of Vietnam under the law;

e) Address issues related to the organization, management, and operation of credit institutions and foreign bank branches to contribute to ensuring that these entities operate soundly, safely, and in compliance with the law;

f) Carry out certain contents regarding the rights and responsibilities of the state-owned equity representative bodies at credit institutions, financial organizations, and enterprises managed by the State Bank of Vietnam as prescribed by law and assigned by the Governor of the State Bank of Vietnam;

g) Develop and organize the implementation and monitoring of plans and schemes to strengthen, correct, restructure, and specially supervise credit institutions and foreign bank branches.

2. The Banking Inspection and Supervision Authority decides on certain matters specified in Clause 1 of this Article according to the delegation and empowerment of the Governor of the State Bank of Vietnam.

Chapter V. RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE ACTIVITIES OF BANKING INSPECTION AND SUPERVISION

Article 31. Responsibilities of the Governor of the State Bank of Vietnam

1.[18] Specific regulations on the relationship between agencies and units:

a) The banking inspection and supervision agency with the State Bank of Vietnam branch's inspection and supervision agency;

b) The banking inspection and supervision agency with the State Bank of Vietnam branch;

c) Between the State Bank of Vietnam branch's inspection and supervision agencies with each other.

2. Leading and directing the activities of the banking inspection and supervision within the management scope of the State Bank of Vietnam.

3. Approving the annual inspection plan of the banking inspection and supervision.

4. Handling and directing timely handling of conclusions and recommendations of the banking inspection and supervision.

5. Prescribing information and reporting systems regarding banking inspection and supervision work, complaint resolution, anti-corruption measures for relevant agencies, organizations, and individuals.

6. Providing specific guidelines for banking operation safety standards, inspection and supervision methods, procedures, and processes.

7. Organizing, directing, ensuring funding, equipping material infrastructure, technical equipment, uniforms, and other necessary conditions for the banking inspection and supervision.

8. Other responsibilities as prescribed by law.

Article 32. Responsibilities of the Director of the State Bank of Vietnam Branch

1. Leading and directing the activities of the State Bank of Vietnam branch's inspection and supervision within the management scope of the State Bank of Vietnam branch.

2. Approving the annual inspection plan of the State Bank of Vietnam branch's inspection and supervision.

3. Timely handling of conclusions and recommendations of the State Bank of Vietnam branch's inspection and supervision.

4. Organizing, directing, ensuring funding, equipping material infrastructure, technical equipment, uniforms, and other necessary conditions for the State Bank of Vietnam branch's inspection and supervision.

5. Other responsibilities as prescribed by law and the State Bank of Vietnam.

Article 33. Responsibilities for Coordination between Banking Inspection and Supervision and Relevant Agencies and Organizations in Banking Inspection and Supervision Activities

1. Implementing coordination work as stipulated in Article 11 of the Inspection Law.

2. Agencies, organizations, and individuals provided with information, documents, and results of banking inspection and supervision by the banking inspection and supervision must have the responsibility to properly manage and use them for their intended purposes and in accordance with the law; not to use such information, documents, and inspection results to negatively impact the stability and safety of banking operations and credit institutions, foreign bank branches.

3. In cases where it is necessary to ensure the safety of credit institutions' operations, state assets, and people's deposits, the banking inspection and supervision may request:

a) State agencies with authority to inspect or cooperate with the banking inspection and supervision to conduct inspections of subsidiaries and associated companies of credit institutions according to the content of the banking inspection and supervision;

b) State agencies with authority to supervise or cooperate with the banking inspection and supervision to conduct supervision of subsidiaries and associated companies of credit institutions according to the content of the banking inspection and supervision;

c) State agencies with authority to manage, inspect, and supervise to carry out inspections and supervision; provide full and timely results of inspections and supervision of subsidiaries and associated companies of credit institutions to the banking inspection and supervision as required.

4. The banking inspection and supervision shall coordinate with foreign competent authorities for banking inspection and supervision as stipulated in Article 61 of the State Bank of Vietnam Law.

5. Foreign inspections:

a) Competent foreign banking inspection and supervision agencies, parent financial institutions, and foreign financial institutions subject to inspection and examination of foreign bank branches, joint venture financial institutions, wholly foreign-owned financial institutions, and other foreign organizations engaged in banking activities in Vietnam. Before conducting inspections and examinations, foreign competent banking inspection and supervision agencies, parent financial institutions, and foreign financial institutions must notify the State Bank of Vietnam (Inspection and Supervision Agency) in writing about the content, expected start and end dates of the inspections and examinations;

b) Within sixty days from the date of completion of the inspections and examinations, foreign competent banking inspection and supervision agencies, parent financial institutions, and foreign financial institutions must submit reports on the results of the inspections and examinations to the State Bank of Vietnam;

c) During the course of inspections and examinations, if violations of laws or abnormal activities that could potentially affect the safety of foreign bank branches, joint venture financial institutions, wholly foreign-owned financial institutions, and other foreign organizations engaged in banking activities in Vietnam are discovered, foreign competent banking inspection and supervision agencies, parent financial institutions, and foreign financial institutions must immediately notify the State Bank of Vietnam (Inspection and Supervision Agency) in writing and propose remedial measures (if any).

6. In cases where necessary, the banking inspection and supervision may conduct inspections and examinations of subsidiaries and overseas affiliates of financial institutions according to this Decree and related laws, while complying with the laws of the country where the inspections and examinations are conducted and agreements signed with foreign competent banking inspection and supervision agencies.

7. The provision and exchange of information, documents, and inspection results between the banking inspection and supervision and foreign competent banking inspection and supervision agencies shall comply with Vietnamese laws and agreements signed with foreign competent banking inspection and supervision agencies.

Article 34. Responsibilities, rights, and obligations of agencies, organizations, and individuals that are the objects of banking inspections and supervisions, and responsibilities of related agencies, organizations, and individuals

1. The objects of banking inspections and supervisions shall have responsibilities, rights, and obligations as prescribed by the Inspection Law, the State Bank of Vietnam Law, the Credit Organizations Law, Article 5, and Clause 28 of this Decree. Article 5, Clause 28 of this Decree and other relevant laws.

2. Agencies, organizations, and individuals possessing information and documents related to the content of banking inspections and supervisions must provide them fully and promptly upon request from the Banking Inspection and Supervision and in accordance with this Decree and other relevant laws.

Chapter VI. IMPLEMENTING PROVISIONS[20]^,[21]

Article 35. Effective Date

This Decree takes effect from June 1, 2014, and replaces Government Decree No. 91/1999/NĐ-CP dated September 4, 1999, on the organization and operation of banking inspections.

Article 36. Responsibility for Implementation

1. The Governor of the State Bank of Vietnam is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and Heads of Banking Inspection and Supervision are responsible for implementing this Decree.

^{______________________________}

[1] Government Decree No. 43/2019/NĐ-CP amending and supplementing certain articles of Government Decree No. 26/2014/NĐ-CP dated April 7, 2014, on the organization and operation of banking inspections and supervisions was promulgated based on the following:

"Based on the Government Organization Law dated June 19, 2015;

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

Based on the Credit Organizations Law dated June 16, 2010, and the Law Amending and Supplementing Certain Articles of the Credit Organizations Law dated November 20, 2017;

Based on the Inspection Law dated November 15, 2010;

Based on the Anti-Money Laundering Law dated June 18, 2012;

Based on the Deposit Insurance Law dated June 18, 2012;

Based on the Administrative Violation Handling Law dated June 20, 2012;

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

The Government promulgates the Decree amending and supplementing certain articles of Government Decree No. 26/2014/NĐ-CP dated April 7, 2014, on the organization and operation of banking inspections and supervisions."

[2] Government Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain articles of Government Decree No. 102/2022/NĐ-CP dated December 12, 2022, on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam and Government Decree No. 26/2014/NĐ-CP dated April 7, 2014, on the organization and operation of banking inspections and supervisions, which has been amended and supplemented by Government Decree No. 43/2019/NĐ-CP dated May 17, 2019, was promulgated based on the following:

"Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Credit Institutions dated January 18, 2024;

Pursuant to the Inspection Law on November 14, 2022;

Based on the Anti-Money Laundering Law dated November 15, 2022;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

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

The Government promulgates the Decree amending, supplementing, and abolishing certain articles of Government Decree No. 102/2022/NĐ-CP dated December 12, 2022, on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam and Government Decree No. 26/2014/NĐ-CP dated April 7, 2014, on the organization and operation of banking inspections and supervisions, which has been amended and supplemented by Government Decree No. 43/2019/NĐ-CP dated May 17, 2019.

[3] This provision is amended in accordance with Clause 1, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, to take effect from January 5, 2025.

[4] This clause is amended in accordance with Clause 2, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, to take effect from January 5, 2025.

[5] This clause is amended in accordance with Clause 1, Article 1 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, to take effect from May 17, 2019.

[6] This provision is amended in accordance with Clause 3, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, to take effect from January 5, 2025.

[7] This clause is amended in accordance with Clause 4, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, to take effect from January 5, 2025.

[8] This clause is amended in accordance with Clause 4, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, to take effect from January 5, 2025.

[9] This provision is amended in accordance with Clause 5, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, to take effect from January 5, 2025.

[10] This clause is amended in accordance with Clause 5, Article 1 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, to take effect from May 17, 2019.

[11] This provision is repealed pursuant to Clause 8, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, effective from January 5, 2025.

[12] This provision is amended pursuant to Clause 6, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, effective from January 5, 2025.

[13] This point is amended pursuant to Clause 7, Article 1 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, effective from May 17, 2019.

[14] This point is amended pursuant to Clause 7, Article 1 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, effective from May 17, 2019.

[15] This clause is amended pursuant to Clause 8, Article 1 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, effective from May 17, 2019.

[16] This provision is amended pursuant to Clause 7, Article 2 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, which has been amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, effective from January 5, 2025.

[17] This clause is amended pursuant to Clause 9, Article 1 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, effective from May 17, 2019.

[18] This clause is amended pursuant to Clause 10, Article 1 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of Decree No. 26/2014/NĐ-CP dated April 7, 2014 of the Government on the organization and operation of the Banking Inspection and Supervision, effective from May 17, 2019.

[19] This provision has been amended pursuant to Clause 11, Article 1 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of 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, which took effect from May 17, 2019.

[20] Article 2 of Decree No. 43/2019/NĐ-CP amending and supplementing certain provisions of 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, which took effect from May 17, 2019, provides as follows:

"Article 2. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and the Chief Inspectors and Supervisors of the banking sector shall be responsible for implementing this Decree./”

[21] Article 3 of Decree No. 146/2024/NĐ-CP amending, supplementing, and abolishing certain provisions of 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 and 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, which was amended and supplemented by Decree No. 43/2019/NĐ-CP dated May 17, 2019 of the Government, takes effect from January 5, 2025 and provides as follows:

"Article 3. Effectiveness and responsibility for implementation

1. This Decree takes effect from January 5, 2025.

2. The Governor of the State Bank of Vietnam, the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, the Chief Inspectors and Supervisors of the banking sector, and related agencies shall be responsible for implementing this Decree.