Circular No. 43/2025/TT-NHNN amends certain Articles of Circular No. 08/2022/TT-NHNN on the procedures and formalities for bank supervision.

 

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 08/2022/TT-NHNN ON THE PROCEDURES AND FORMS FOR BANK SUPERVISION

REGULATIONS ON THE PROCEDURES AND FORMS FOR BANK SUPERVISION

Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12;

Pursuant to the Law on Credit Institutions No. 32/2024/QH15 amended and supplemented by Law No. 96/2025/QH15;

Pursuant to Decree No. 26/2025/NĐ-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

At the proposal of the Director of the Credit Institution System Safety Department;

The Governor of the State Bank of Vietnam hereby promulgates this Circular amending and supplementing certain articles of Circular No. 08/2022/TT-NHNN on the procedures and forms for bank supervision.

Article 1. Amend, supplement, and abolish certain points and clauses of Article 3

1. Amend and supplement Clause 2 as follows:

“2. Micro-prudential supervisionis the form of supervision aimed at ensuring safety for each micro-prudential supervision subject.”

2. Amend and supplement Point b Clause 4 as follows:

“b) Macro-prudential supervision subjects include the system of credit institutions and foreign bank branches (excluding policy banks).”

3. Amend and supplement Clause 5 as follows:

“5. The unit responsible for conducting micro-prudential supervision is the Credit Institution Management and Supervision Department of the State Bank Regional Branch (hereinafter referred to as the State Bank Branch) assigned the task of micro-prudential supervision pursuant to the Decision of the Governor of the State Bank of Vietnam (hereinafter referred to as the State Bank).”

4. Amend and supplement Clause 6 as follows:

“6. The unit responsible for conducting macro-prudential supervisionis the Credit Institution System Safety Department assigned the task of macro-prudential supervision pursuant to the Decision of the Governor of the State Bank.”

5. Amend and supplement Point a Clause 9 as follows:

“a) Inspection conclusions, audit conclusions, inspection results, and inspection handling decisions (except for inspection conclusions, inspection results, and inspection handling decisions within the responsibility of the State Bank Inspectorate and the State Bank Branch Inspectorate);”

6. Amend and supplement Clause 12 as follows:

“12. Systemic riskis the possibility of losses spreading from disruptions in operations or failures of one or more credit institutions or foreign bank branches to the entire system of credit institutions and foreign bank branches, disrupting the operations of credit institutions and foreign bank branches within the system.”

7. Amend and supplement Clause 15 as follows:

“15. Systemically important commercial bankis a commercial bank whose inability to pay, insolvency, or bankruptcy could have negative impacts on the entire system of credit institutions and foreign bank branches and/or cause systemic risks that disrupt the operations of the credit institution and foreign bank branch system and the entire economy.”

8. Amend and supplement Clause 17 as follows:

“17. Micro-prudential supervision handbook, macro-prudential supervision handbookare specific guidance documents on micro-prudential and macro-prudential supervision business issued by the Governor of the State Bank, including at least the following contents:

a) Collection, compilation, and processing of documents, information, and data;

b) Guidance on bank supervision activities;

c) Measures for handling in bank supervision;

d) Bank supervision files;

e) Sample bank supervision reports.”

9. Abolish Clause 18.

Article 2. Amending and supplementing Clause 1 of Article 4

“1. The principles prescribed in Article 51 of Law No. 46/2010/QH12.”

Article 3. Amending and supplementing some Points and Clauses of Article 7

1. Amending and supplementing Point l of Clause 1 of Article 7 as follows:

“l) Documents, information, data from units under the State Bank and other sources (if any).”

2. Amending and supplementing Clause 2 of Article 7 as follows:

“2. The unit implementing micro-prudential supervision collects documents, information, data from sources specified in Points a, b, c, d, đ, e, and g of Clause 1 of this Article through the State Bank’s statistical reporting system, remote monitoring support information system, and other information systems as prescribed by the Governor of the State Bank.”

3. Amending and supplementing Clause 4 of Article 7 as follows:

“4. Based on the requirements for bank supervision, the unit implementing micro-prudential supervision requests the supervised bank to provide documents, information, data outside those specified in Clause 1 of this Article.”

Article 4. Amending and supplementing some Points and Clauses of Article 9

1. Amending and supplementing Points a, b, and c of Clause 1 as follows:

“a) Supervising compliance with the statistical reporting regime and information reporting regime as prescribed in Law No. 46/2010/QH12, Law No. 32/2024/QH15, and related guiding documents within the scope of authority and responsibility of the unit implementing micro-prudential supervision;

b) Supervising compliance with restrictions, limits, safety ratios in the operations of credit organizations and foreign bank branches as prescribed in Articles 134, 135, 136, 137, and 138 of Law No. 32/2024/QH15; classification of assets, provision for impairment, and utilization of provisions to address risks in the operations of credit organizations and foreign bank branches;

c) Supervising compliance with standards and conditions for managers and operators as prescribed in Article 41 and Clause 3 of Article 98 of Law No. 32/2024/QH15; and compliance with organizational structure, governance, management, and control of the supervised entity as prescribed in Chapter IV of Law No. 32/2024/QH15;”

2. Amending and supplementing Point đ of Clause 1 as follows:

“đ) Reviewing internal regulations of the micro-prudential supervision target issued in accordance with Article 101 and Clause 7 of Article 198a of Law No. 32/2024/QH15 amended and supplemented by Law No. 96/2025/QH15: Annually, the unit implementing micro-prudential supervision selects certain internal regulations for review.”

3. Amending and supplementing Clause 2 as follows:

“2. The unit implementing micro-prudential supervision supervises compliance with directives and requirements of competent state agencies towards the micro-prudential supervision target (if any) within its assigned functions and tasks.”

4. Amending and supplementing the introductory clause of Clause 3 as follows:

“3. The unit implementing micro-prudential supervision conducts risk supervision through analysis and assessment of risks of the supervised bank regarding one or more or all of the following contents:”

5. Amending and supplementing Point a of Clause 3 as follows:

“a) Analysis and assessment of significant changes and abnormal fluctuations through the use of thresholds for changes in asset items, liabilities, equity, revenue, accrued interest receivable, expenses, business results, and restrictions, limits, safety ratios. The Director of the Credit Organization Management and Supervision Department decides on the thresholds for the above items;”

6. Amending and supplementing Points b(i) and b(ii) of Clause 3 as follows:

“(i) Changes in managers and operators as prescribed in Article 41 and Article 98 of Law No. 32/2024/QH15 of the micro-prudential supervision target;

(ii) Changes in shareholder situations, shareholdings, and stocks of managers, operators, major shareholders, and related parties (including investments in the form of capital contributions or purchasing shares to gain control over joint-stock credit organizations);”

7. Supplementing Clause 3a and Clause 3b after Clause 3 as follows:

“3a. In each period, if necessary, the Credit Organization Management and Supervision Department shall submit to the Governor of the State Bank for issuance of risk analysis methods and organize implementation to conduct risk supervision.

3b. For systemically important commercial banks, in each period, the unit implementing micro-prudential supervision decides on the content of risk supervision based on the provisions of Clause 3 of this Article, taking into account the impact of the supervised entity and the resources of the unit implementing micro-prudential supervision.”

Article 5. Amending and supplementing some points and clauses of Article 11

1. Amend and supplement the heading clause 1 as follows:

“1. Based on the situation and actual operation of the micro safety supervision object, the micro safety supervision unit decides (in the case where the micro safety supervision unit is a State Bank branch), considers and reports to the Governor of the State Bank for decision (in the case where the micro safety supervision unit is the Credit Institution Management and Supervision Department) to apply enhanced supervision to the micro safety supervision object when it falls into one of the following cases:”.

2. Amend and supplement point b of clause 1 as follows:

“b) The micro safety supervision object is subject to early intervention in accordance with the provisions of the law and this Circular;”.

3. Amend and supplement the heading clause 2 as follows:

“2. Based on the situation and actual operation of the micro safety supervision object, the micro safety supervision unit decides (in the case where the micro safety supervision unit is a State Bank branch), considers and reports to the Governor of the State Bank for decision (in the case where the micro safety supervision unit is the Credit Institution Management and Supervision Department) to implement enhanced supervision (except in the case provided for in Clause 3 of this Article), including at least the following:”.

4. Supplement Clause 3 and Clause 4 after Clause 2 as follows:

“3. In the case where the micro safety supervision object implements the remediation plan prescribed in Clause 1 of Article 160 of Law No. 32/2024/QH15, the micro safety supervision unit shall supervise in accordance with the provisions of Clause 3 of Article 160 of Law No. 32/2024/QH15.

4. Cease enhanced supervision

a) In the case of enhanced supervision as prescribed in Points a and b of Clause 1 of this Article, the micro safety supervision unit decides (in the case where the micro safety supervision unit is a State Bank branch), considers and reports to the Governor of the State Bank for decision (in the case where the micro safety supervision unit is the Credit Institution Management and Supervision Department) to cease enhanced supervision when the micro safety supervision object no longer falls into these cases; or

b) In the case of enhanced supervision as prescribed in Point c of Clause 1 of this Article, ceasing enhanced supervision shall be carried out according to the directive of the competent state authority.”.

Article 6. Amending and supplementing Clause 3 of Article 12

“3. Principles for preparing and approving periodic micro safety supervision reports:

a) The mid-year micro safety supervision report must be completed before August 31 of the same year. The annual micro safety supervision report must be completed before April 30 of the following year.

For credit institutions and foreign bank branches under enhanced supervision, in addition to the mid-year micro safety supervision report and the annual micro safety supervision report, the micro safety supervision unit prepares a quarterly micro safety supervision report for the first quarter which must be completed before May 15 of the same year and a quarterly micro safety supervision report for the third quarter which must be completed before November 15 of the same year;

b) The micro safety supervision report shall be prepared according to the reporting form in the Micro Safety Supervision Handbook;

c) The approval of periodic micro safety supervision reports shall be carried out as follows:

(i) Periodic micro safety supervision reports must be approved by the leadership of the micro safety supervision unit;

(ii) In the case where the micro safety supervision report recommends measures for handling by the competent authority as prescribed by law, the micro safety supervision report must be submitted to that competent authority for consideration and decision.”.

Article 7. Amend and supplement Clause 2 of Article 13

“2. In cases where the banking supervision object is subject to early intervention, the micro-prudential safety monitoring file shall be supplemented with remediation plans, documents, and requirements of the State Bank for the early intervention of credit institutions and foreign bank branches as stipulated in Chapter IX of Law No. 32/2024/QH15.”

Article 8. Amend, supplement, and abolish some points and clauses of Article 15

1. Replace the phrase "Head of Banking Inspection and Supervision" with the phrase "Director of the Credit Institution System Safety Department" in Clause 1.

2. Delete the phrase “, group” at point b of Clause 3.

3. Abolish Clause 5 and Clause 6.

Article 9. Amend and supplement some points and clauses of Article 16

1. Amending and supplementing Point a Clause 1 as follows:

“a) Prepare ad hoc or periodic macro-prudential safety monitoring reports according to Clauses 2 and 3 of this Article in accordance with the report template in the Macro-Prudential Safety Monitoring Handbook;”

2. Amend and supplement the heading of Clause 2 as follows:

“2. Principles for preparing ad hoc macro-prudential safety monitoring reports:”

3. Delete the phrase “, group” at point a of Clause 2.

4. Amend and supplement Clause 3 as follows:

“3. Principles for preparing periodic macro-prudential safety monitoring reports:

a) The macro-prudential safety monitoring report for the first six months of the year must be completed before August 31 of the same year. The annual macro-prudential safety monitoring report must be completed before April 15 of the following year;

b) The approval principle for periodic macro-prudential safety monitoring reports is as follows:

(i) The macro-prudential safety monitoring report must be approved by the leadership of the unit responsible for macro-prudential safety monitoring;

(ii) In cases where the macro-prudential safety monitoring report recommends measures to be taken by competent authorities as prescribed by law, the report must be submitted to those authorities for consideration and decision.”

Article 10. Amend and supplement Clause 1 of Article 19

“1. In cases where documents, information, or data are found to be missing, erroneous, or require clarification as required by micro-prudential safety monitoring or issues related to non-compliance with legal regulations, directives, or requirements of competent state agencies or related to risks of the banking supervision object, the supervisory unit requests the banking supervision object to provide explanations.”

Article 11. Amend and supplement Clause 1 of Article 20

“1. When necessary, upon discovering that documents, information, or data are missing, erroneous, or require clarification as required by micro-prudential safety monitoring or issues related to non-compliance with legal regulations, directives, or requirements of competent state agencies or related to risks of the banking supervision object, the supervisory unit decides to establish a working group to directly work with the banking supervision object.”

Article 12. Amend and supplement Article 21

“Article 21. Measures for handling in banking supervision

1. Based on the results of banking supervision, the unit responsible for micro-prudential safety monitoring considers and implements one or more of the following measures for handling in micro-prudential safety monitoring:

a) Issue warnings and recommendations to the banking supervision object;

b) Require the banking supervision object to submit reports as requested by the unit responsible for micro-prudential safety monitoring;

c) Handle according to Clause 1 of Article 59 of Law No. 46/2010/QH12; the handling shall be carried out in accordance with relevant laws;

d) Submit to the Governor of the State Bank or the Director of the State Bank branch within their authority to apply measures for handling as stipulated in Clause 12 of Article 4 and Clause 2 of Article 59 of Law No. 46/2010/QH12, Clause 1 of Article 47 of Law No. 32/2024/QH15;

đ) Depending on the level of safety, soundness, and violation of the law by the banking supervision object, submit to the Governor of the State Bank or the Director of the State Bank branch within their authority:

(i) Apply enhanced supervision measures to the banking supervision object;

(ii) Recommend conducting inspections and audits of the banking supervision object when signs of law violations, risk signals, or lack of safety in operations are detected;

(iii) Implement early intervention, special control, and apply requirements and measures in early intervention and special control for the banking supervision object as prescribed by Law No. 32/2024/QH15 and relevant laws;

(iv) Decide to establish a supervision team to monitor the banking supervision object;

(v) Apply transaction control measures for potential risks of the banking supervision object as prescribed by law;

(vi) Amend, supplement, or replace monetary and banking regulatory documents;

e) Apply other handling measures as prescribed by law.

2. Based on the results of banking supervision, the unit responsible for macro-prudential safety monitoring considers and implements one or more of the following measures for handling in macro-prudential safety monitoring:

a) Issue warnings and recommendations to the banking supervision object;

b) Submit to the Governor of the State Bank to amend, supplement, or replace monetary and banking regulatory documents;

c) Recommend that the unit responsible for micro-prudential safety monitoring apply handling measures as prescribed in Clause 1 of this Article;

d) Apply other handling measures as prescribed by law.”

Article 13. Amend and supplement some points and clauses of Article 22

1. Amending and supplementing Clause 1 as follows:

“1. Based on the results of supervision, the unit responsible for bank supervision shall decide to review and approve recommendations and warnings for the supervised banks.”

2. Amend and supplement point b clause 2 as follows:

“b) When evaluating and analyzing qualitative information reflecting potential risks and legal violations of the supervised banks from the combined supervision results with inspection conclusions, independent audit conclusions, internal audit conclusions, and information from other state management agencies;”

Article 14. Amend and supplement Article 23

“Article 23. Early intervention for supervised banks

1. Authority to decide on early intervention for credit institutions and foreign bank branches:

a) The Governor of the State Bank of Vietnam shall consider and decide on the following matters concerning supervised entities under the responsibility of the Credit Institution Management and Supervision Department:

(i) Implement early intervention when credit institutions and foreign bank branches fall within the cases stipulated in Clause 1 of Article 156 of Law No. 32/2024/QH15;

(ii) Issue a document requiring credit institutions and foreign bank branches to implement the contents prescribed in Clauses 2 and 4 of Article 156, Articles 157 and 160 of Law No. 32/2024/QH15;

(iii) Issue a document as prescribed in Point a Clause 1 and Point a Clause 2 of Article 161 of Law No. 32/2024/QH15;

(iv) Provide comments on the remediation plans as prescribed in Clauses 1, 2 and 3 of Article 158 of Law No. 32/2024/QH15;

(v) Examine and approve the application of support measures for credit institutions subject to early intervention as prescribed in Clause 4 of Article 158 and Article 159 of Law No. 32/2024/QH15;

(vi) Other matters within the authority of the State Bank of Vietnam regarding early intervention of credit institutions and foreign bank branches as prescribed in Law No. 32/2024/QH15;

b) The Director of the State Bank of Vietnam branch shall consider and decide on the matters prescribed in Point a of this Clause concerning supervised entities (excluding branches of credit institutions) under the responsibility of the State Bank of Vietnam branch.

The Director of the State Bank of Vietnam branch shall report and propose to the Governor of the State Bank of Vietnam (through the Credit Institution Management and Supervision Department) for matters exceeding the authority of the State Bank of Vietnam branch as prescribed in this Circular and relevant laws.

2. Reporting and banking supervision on remediation plans:

a) Monthly or upon request of the unit responsible for micro-prudential safety supervision, the supervised bank shall report progress and results of implementing the remediation plan to the State Bank of Vietnam (Credit Institution Management and Supervision Department or State Bank of Vietnam branch) before the 10th day of the following month (for regular reports) or according to the requirements of the unit responsible for micro-prudential safety supervision (for reports requested by the unit responsible for micro-prudential safety supervision) in accordance with this Circular;

b) The micro-prudential safety supervision report prescribed in Article 12 of this Circular must include banking supervision over the remediation plan as prescribed in Law No. 32/2024/QH15 and this Circular.”

Article 15. Amending and supplementing Article 24

"Article 24. Responsibilities of the Credit Institution Safety Bureau

1. Implement macro-prudential supervision over supervised entities as prescribed in this Circular.

2. Assign civil servants to perform macro-prudential supervision tasks as prescribed in this Circular.

3. Regularly and urgently provide results of macro-prudential supervision (including macro-prudential supervision reports) to units responsible for micro-prudential supervision, State Bank of Vietnam Inspectorate, State Bank of Vietnam Management Board, and other relevant units.

4. Serve as the focal point and coordinate with units responsible for macro-prudential supervision to determine macro-prudential supervision thresholds during each period.

5. In necessary cases, propose the Governor of the State Bank of Vietnam to implement urgent macro-prudential supervision contents as stipulated in Clause 3 and Clause 4 of Article 15 of this Circular.

6. Based on the provisions of this Circular, take the lead and coordinate with relevant units to develop and submit to the Governor of the State Bank of Vietnam for issuance of a Macro-Prudential Supervision Handbook to guide macro-prudential supervision operations.

7. Based on criteria regarding scale, interconnectivity, substitutability, take the lead and coordinate with relevant units to compile a list of systemically important commercial banks to be submitted to the Governor of the State Bank of Vietnam for issuance before March 31 each year.

8. Other responsibilities as prescribed in this Circular and as decided by the Governor of the State Bank of Vietnam."

Article 16. Amending and supplementing Article 25

"Article 25. Responsibilities of the Credit Institution Management and Supervision Bureau

1. Implement micro-prudential supervision over entities under the responsibility of the Credit Institution Management and Supervision Bureau.

2. Assign civil servants to perform micro-prudential supervision tasks as prescribed in this Circular.

3. Examine and decide on specialized staff mechanisms for each supervised bank; specialized staff have access to comprehensive information about the supervised bank.

4. Regularly and urgently provide results of micro-prudential supervision (including micro-prudential supervision reports) to the Credit Institution Safety Bureau, State Bank of Vietnam Inspectorate, State Bank of Vietnam Management Board.

5. Advise and propose the Governor of the State Bank of Vietnam to examine and decide on matters prescribed in Point a, Clause 1 of Article 23 of this Circular.

6. Serve as the focal point and coordinate with relevant units to determine micro-prudential supervision thresholds for credit institutions and foreign bank branches during each period.

7. Take the lead and coordinate with State Bank of Vietnam branches to implement enhanced supervision as prescribed in this Circular and the Governor's Decision on supervised entities within their jurisdiction.

8. Supervise the implementation of remediation plans as prescribed in Law No. 32/2024/QH15 and this Circular for supervised entities within their jurisdiction.

9. Based on the provisions of this Circular, take the lead and coordinate with relevant units to develop and submit to the Governor of the State Bank of Vietnam for issuance of a Micro-Prudential Supervision Handbook to guide micro-prudential supervision operations; advise and submit to the Governor for issuance of guidelines on managing and supervising micro-prudential safety for credit institutions and foreign bank branches.

10. Other responsibilities as prescribed in this Circular and as decided by the Governor of the State Bank of Vietnam."

Article 17. Amending and supplementing Article 26

"Article 26. Responsibilities of the State Bank Branch

1. Implement micro-prudential supervision over supervised entities within the scope of responsibilities of the State Bank Branch.

2. Periodically and urgently provide results of micro-prudential supervision (including micro-prudential supervision reports) to the Credit Institution Management and Supervision Department and the State Bank Inspection Department (excluding micro-prudential supervision results for credit cooperative banks).

3. Periodically and urgently provide results of micro-prudential supervision (including micro-prudential supervision reports) to the Credit Institution System Safety Department (excluding micro-prudential supervision results for branches of credit institutions and credit cooperatives).

4. The Director of the State Bank Branch shall examine and decide on the contents stipulated in point b, Clause 1 of this Circular.

5. Conduct enhanced supervision over supervised banks as prescribed in this Circular and decisions of the Governor of the State Bank or the Director of the State Bank Branch for specific cases.

6. Implement the contents stipulated in Clauses 2, 3, and 8 of Article 25 of this Circular for supervised entities within its authority.

7. Other responsibilities as prescribed in this Circular and decisions of the Governor of the State Bank."

Article 18. Amending and supplementing Article 28

"Article 28. Responsibilities of other units related to the State Bank

1. The State Bank Inspection Department promptly provides information related to inspection and inspection decision-making to the Credit Institution Management and Supervision Department according to the functions and tasks assigned.

2. Provide information, documents, and data as requested by the Credit Institution Management and Supervision Department, the Credit Institution System Safety Department, and the State Bank Branch as prescribed in this Circular and in accordance with the law.

3. Cooperate with the Credit Institution Management and Supervision Department, the Credit Institution System Safety Department, and the State Bank Branch in banking supervision activities.

4. Cooperate with the Credit Institution Management and Supervision Department and the State Bank Branch in reviewing internal regulations of supervised banks issued based on normative legal documents drafted by such unit and submitted to competent authorities for promulgation."

Article 19. Abolishing certain clauses, articles, and appendices

1. Abolish Clause 2 of Article 5 and Article 27.

2. Abolish Appendices II, III, and IV.

Article 20. Responsibility for implementation organization

SIGNATURE OF THE GOVERNOR

Article 21. Implementation clause

This Circular takes effect from January 1, 2026

Article 22. Transitional provisions

During the period before the issuance of the micro-prudential supervision handbook and macro-prudential supervision handbook as prescribed in this Circular, the units responsible for micro-prudential supervision and macro-prudential supervision shall continue to report using the reporting templates specified in Appendices II, III, and IV of Circular No. 08/2022/TT-NHNN and conduct supervision according to the contents stipulated in Circular No. 08/2022/TT-NHNN, which has been amended and supplemented by this Circular.