This Circular stipulates on the dossier, procedure, and formalities for approving changes and the list of proposed candidates for appointment of credit organizations that are cooperatives, applicable to Cooperative Banks and People's Credit Funds. Notably, it provides detailed regulations on the steps to implement and approval authority.
适用范围
Credit organizations that are cooperatives (including Cooperative Banks and People's Credit Funds), and related organizations and individuals involved in the approval of changes and the list of proposed personnel for credit organizations that are cooperatives.
要点
- Credit organizations that are cooperatives submit dossiers requesting the State Bank of Vietnam to approve changes such as name, main office location, business content, operating period, charter capital, and suspension of business operations.
- The dossier must include a request letter, decision of the Member Assembly, implementation plan, and supporting documents. The State Bank of Vietnam has the authority to approve or reject within the prescribed time limit.
- For the list of proposed candidates for election and appointment, credit organizations that are cooperatives must provide information on reasons, list, commitment standards, and conditions of personnel. The State Bank of Vietnam has the authority to approve or reject within the prescribed time limit.
- In case of changing the main office location, credit organizations that are cooperatives must report to the People's Committee of the commune where they intend to move before implementing the change.
- After being approved by the State Bank of Vietnam, credit organizations that are cooperatives must publish information about the changed contents within the prescribed time limit.
🌐 本文件的社会影响
- Positive impact: Clear regulations help the process of changes and elections/appointments of personnel for credit organizations that are cooperatives become transparent and effective.
- Negative impact: Approval time and procedures may cause difficulties for credit organizations in quickly implementing changes.
❓ 常见问题
What is the deadline for submitting the dossier requesting approval of changes for credit organizations that are cooperatives?
Credit organizations that are cooperatives must submit the dossier requesting approval of changes to the State Bank of Vietnam at least 30 days before making decisions to amend or supplement the License.
How will the State Bank of Vietnam handle if credit organizations that are cooperatives do not comply with the regulations?
If credit organizations that are cooperatives do not comply with the regulations, the State Bank of Vietnam may refuse approval or require credit organizations to take corrective measures.
How can the operating period of credit organizations that are cooperatives be changed?
Credit organizations that are cooperatives must submit a dossier requesting to change the operating period to the State Bank of Vietnam at least 180 days before the current operating period expires. The State Bank of Vietnam will issue a decision to amend or supplement the License within 30 days from the date of receiving complete and valid dossiers.
How can credit organizations that are cooperatives change their charter capital?
Credit organizations that are cooperatives must submit a dossier requesting to increase or decrease the charter capital to the State Bank of Vietnam. The dossier must include a request letter, decision of the Member Assembly, and implementation plan. The State Bank of Vietnam will issue a decision to amend or supplement the License within 20 days from the date of receiving complete and valid dossiers.
How long can credit organizations that are cooperatives suspend business operations?
Credit organizations that are cooperatives can only suspend business operations for five working days or more, except in cases of force majeure. At least 60 days before suspending operations, credit organizations must submit a dossier requesting to the State Bank of Vietnam.
全文
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STATE BANK OF VIETNAM |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 43/VBHN-NHNN |
Hanoi, December 5, 2019 |
CIRCULAR
REGULATIONS ON THE DOCUMENTS, PROCEDURES, AND PROCEDURAL REQUIREMENTS FOR APPROVAL OF CHANGES, PROPOSED LIST OF ELECTIONS AND APPOINTMENTS OF PERSONNEL OF CREDIT ORGANIZATIONS THAT ARE COOPERATIVES
Circular No. 05/2018/TT-NHNN dated March 12, 2018, issued by the Governor of the State Bank of Vietnam on the documents, procedures, and procedural requirements for approval of changes, proposed list of elections and appointments of personnel of credit organizations that are cooperatives, which took effect from June 1, 2018, has been amended and supplemented by:
Circular No. 21/2019/TT-NHNN dated November 14, 2019, issued by the Governor of the State Bank of Vietnam to amend and supplement certain provisions of circulars regulating cooperative banks, people's credit funds, and the system safety guarantee fund for people's credit funds, which took effect from January 1, 2020.
Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law Amending and Supplementing Certain Articles of the Law on Credit Institutions dated November 20, 2017;
Pursuant to Government Decree No. 16/2017/NĐ-CP dated February 17, 2017 on the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of Banking Inspection and Supervision;
The Governor of the State Bank of Vietnam issues this Circular on the documents, procedures, and procedural requirements for approval of changes, proposed list of elections and appointments of personnel of credit organizations that are cooperatives[1].
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates:
1. Dossier, procedure, and process for approving changes of credit organizations that are cooperatives, including:
a) Name and location of the main office;
b) Authorized capital amount;
c) Content, scope, and duration of operation;
d) Suspension of business operations for five working days or more, except in cases of suspension due to force majeure events.
2. Documents, procedures, and procedural requirements for approval of the proposed list of elections and appointments of the Chairman and other members of the Board of Management, Head and other members of the Supervisory Board, dedicated supervisory officers, General Director, and Director (hereinafter referred to as the proposed list of personnel) of credit organizations that are cooperatives.
3. The transfer of contributed capital shares of members of people's credit funds.
Article 2. Applicability
1. Credit organizations that are cooperatives include:
a) Cooperative banks;
b) People's Credit Funds.
2. Organizations and individuals related to the approval of changes, proposed list of personnel of credit organizations that are cooperatives as stipulated in this Circular.
Article 3. Competence and Approval Documents
1. The Governor of the State Bank of VietnamVietnam approves changes, lists of proposed personnel of cooperative banks according to the provisions of Clause 1, Clause 2 Article 1 of this Circular 2. The Governor of the State Bank of Vietnam.
delegates to Vietnam the State Bank branch in the province or centrally governed city where the headquarters of the people's credit fund is located to approve or not approve changes Director , listsof people's credit funds within its jurisdiction according to the provisions of of proposed personnel of cooperative banks according to the provisions of 3. The approval of changes of credit organizations that are cooperatives shall be carried out in the form of: 2. The Governor of the State Bank of Vietnam.
a) Decision to amend and supplement the License for Establishment and Operation (hereinafter referred to as the License) of credit organizations that are cooperatives for cases stipulated in Points a, b, c Clause 1 Article 1 of this Circular;
b) Approval document for cases stipulated in Point b (for cases of reducing the charter capital), d Clause 1 and Clause 2 Article 1 of this Circular.
1. The document of credit organizations that are cooperatives requesting the State Bank of Vietnam or the State Bank branch in the province or centrally governed city (hereinafter collectively referred to as the State Bank) to approve changes,
Article 4. Principles for the preparation and submission of documents
lists of proposed personnel must be signed by the legal representative of the credit organization that is a cooperative. In case the authorized representative signs, the file must contain an authorization document established in accordance with the provisions of the law. 3. In case the documents in the file are copies that are not certified true copies or copies issued from the original book, when submitting the file, the original must be presented for comparison
2. The dossier shall be prepared in one set in Vietnamese.
the person comparing must sign confirmation on the copy and bear responsibility for the accuracy of the copy compared to the original.Operational factors (for calculating average annual delivered energy)Credit organizations that are cooperatives send the application file for approval of changes
4. Cooperative banks send must be signed by the legal representative of the credit organization that is a cooperative. In case as follows:
a) b) People's credit funds ;
in the province or centrally governed city ( submission is the State Bank branch in the region where the credit institution's main office, foreign bank branch, or foreign representative office is located. hereinafter referred to as the State Bank branch) where the headquarters is located) place where the main office is located.
Chapter II
SPECIFIC PROVISIONS
Section 1. Changes that must be approved
Article 5. Change of Name
1. Application documents include:
a) A document requesting approval for changing the name, including at least the following contents: the name specified in the License, the proposed new name ensuring compliance with relevant laws on naming, reasons for the change;
b) The decision of the Members' Assembly approving the change of name.
2. Procedure for implementing the approval process:
a) Credit organizations established as cooperatives shall preparethe dossier in accordance with Clause 1 of this Article and submit to the State Bank; b) Within fifteen days from the date of receiving a complete and valid dossier, the State Bank shall issue a decision to amend and supplement the License regarding the name of credit organizations established as cooperatives; in case of refusal, the State Bank shall respond in writing and specify the reasons.
a) A document requesting approval for changing the main office location of credit organizations established as cooperatives, which must include at least the following contents:
Article 6. Change of Head Office Location
1. Application documents include:
(i) The location specified in the License;
(ii) The proposed new location, clearly identifying: the building name (for rented office buildings), house number, street name (alley) or commune, ward, town, district, city, centrally-run city. The proposed new location must meet the following conditions:
- It must be the workplace of the Board of Directors, General Director (Director);
Located within the operational area specified in the License of the credit organization established as a cooperative;
- - Meeting the requirements for asset security and suitability for the operation of the people's credit fund as stipulated by the State Bank;
(iii) Reasons for the change;
(iv) A plan for transferring the main office ensuring continuity in operations;
b) The decision
of the Members' Assembly approving the change of main office location;a) Credit organizations established as cooperatives shall prepare the dossier in accordance with Clause 1 of this Article and submit
c) Documents proving that the credit cooperative has the right to use or legally own the headquarters at the new location.
2. Procedure for implementing the approval process:
to the State Bank. In case the dossier is incomplete, within the working days from the date of receipt of the dossier, the State Bank shall issue a written request for the credit organization established as a cooperative to supplement the dossier b) Within twenty days from the date of receiving a complete and valid dossier, the State Bank shall issue a decision to amend and supplement the License regarding the main office location of credit organizations established as cooperatives; in case of refusal, the State Bank shall respond in writing and specify the reasons. 3. Within twelve months from the date the State Bank issues the decision to amend, 03 the License, the credit organization established as a cooperative must operate at the new location. Beyond this period, if the credit organization established as a cooperative does not operate at the new location, the decision to amend and supplement the License becomes invalid.;
4. Within fifteen days before operating at the new location, the credit organization established as a cooperative shall report in writing the expected start date of operations at the new location to the State Bank branch where the main office is located. The credit organization established as a cooperative may not operate at the new location if the main office does not meet the conditions for the proposed new location as stipulated in point a of Clause 1 of this Article.
5. In cases where the address changes but there is no change in the main office location, the credit organization established as a cooperative shall send the State Bank a notification of the change in the address of the main office and request to amend and supplement the License for the address of the main office of the credit organization established as a cooperative. MANAGEMENT AND USE OF DEPOSITS AT THE ENVIRONMENT PROTECTION FUND Within ten days from the date of receipt of the request from the credit organization established as a cooperative, the State Bank shall issue a decision to amend and supplement the License for the address of the main office of the credit organization established as a cooperative.ại new location, the decision to amend and supplement the License becomes ineffective.
4. Within 15 days before commencing operations at the new location, the credit organization which is a cooperative shall submit a report on the expected start date of operations at the new location to the State Bank branch where the main office is located. The credit organization which is a cooperative shall not operate at the new location if the main office does not meet the conditions regarding the proposed change of location as stipulated in point a, Clause 1 of this Article.
5. In cases where there is a change of address but no change in the location of the main office, the credit organization which is a cooperative shall send the State Bank a notification of the change of address for the main office and request amendments and supplements to the License for the address of the main office of the credit organization which is a cooperative.
Within 10 days from the date of receipt of the request from the credit organization which is a cooperative, the State Bank shall issue a decision to amend and supplement the License for the address of the main office of the credit organization which is a cooperative.
Article 7. Changing the Content and Scope of Operations
1. Application documents include:
a) The document requesting approval to change the content and scope of operations of credit cooperatives must include at least the following contents:
(i) The proposed content and scope of operations for approval;
(ii) Reasons and necessity for changing the content and scope of operations;
b) The decision of the General Assembly approving the change in the content and scope of operations;
c) Implementation plan for the content and scope of operations, including at least the following: description of the content, implementation procedures, analysis of effectiveness, preventive and control measures for risks, and implementation plans;
d) Draft internal regulations on the process for implementing business activities to ensure management and risk control.
2. Procedure for implementing the approval process:
a) Credit cooperatives shall prepare documents in accordance with Clause 1 of this Article and submit them to the State Bank. 3. Within twelve months from the date the State Bank issues the decision to amend, 03 the License, the credit organization established as a cooperative must operate at the new location. Beyond this period, if the credit organization established as a cooperative does not operate at the new location, the decision to amend and supplement the License becomes invalid.;
b) Within thirty days from the date of receipt of complete and valid documents, the State Bank shall issue a decision to amend and supplement the Business License regarding the content and scope of operations of credit cooperatives; if it rejects the application, the State Bank shall respond in writing and specify the reasons.
Article 8. Changing the Term of Operation
1. Application documents include:
a) The document requesting approval to change the operating period of credit cooperatives must include at least the following contents:
(i) The operating period specified in the Business License;
(ii) The proposed changed operating period;
(iii) Reasons for changing the operating period;
b) An overview report on organizational structure and operations, including:
(i) Evaluation of the results of operations in the most recent five years, including key performance indicators related to capital structure, capital utilization, and business outcomes; organization and operation of the management and supervisory bodies, internal audit, and internal control system;
(ii) Objectives and business plans for the next three years;
c) The decision of the General Assembly regarding the change in the operating period;
d) In cases where the operating period is shortened, credit cooperatives shall submit documents as stipulated in points a, b, and c of Clause 1 of this Article and evidence proving the necessity of shortening the operating period.
2. Procedure for implementing the approval process:
a) Credit cooperatives shall prepare documents in accordance with Clause 1 of this Article and submit them to the State Bank. If there is a need to extend the operating period, credit cooperatives must submit the documents at least 180 days before the expiration of the current operating period. 3. Within twelve months from the date the State Bank issues the decision to amend, 03 the License, the credit organization established as a cooperative must operate at the new location. Beyond this period, if the credit organization established as a cooperative does not operate at the new location, the decision to amend and supplement the License becomes invalid.;
b) Within thirty days from the date of receipt of complete and valid documents, the State Bank shall issue a decision to amend and supplement the Business License regarding the operating period of credit cooperatives; if it rejects the application, the State Bank shall respond in writing and specify the reasons.
Article 9. Changing the Registered Capital
1.[2] Documents required include:
a) The document requesting approval to change the registered capital of credit cooperatives must include at least the following contents:
(i) Current registered capital;
(ii) Proposed changed registered capital;
(iii) Reasons and necessity for changing the registered capital;
b) Plan for increasing registered capital including at least the following contents:
(i) Sources of funds to increase registered capital;
(ii) Sources of funds to refund contributions to members and the extent to which conditions for refunding contributions to members are met (if applicable);
c) Plan for reducing registered capital including at least the following contents:
(i) Sources of funds to increase registered capital (if applicable);
(ii) Sources of funds to refund contributions to members and the extent to which conditions for refunding contributions to members are met;
(iii) Expected completion time for reducing registered capital;
d) Resolution of the General Assembly regarding the change in the registered capital. In cases where the request is to reduce the registered capital, the proposed reduced registered capital must comply with legal provisions on minimum capital requirements and have plans ensuring safety ratios in the operations of credit cooperatives;
đ) List of members contributing capital and those expected to be refunded capital in the year according to Appendix No. 03a issued together with this Circular, confirmed by the credit cooperative;
e) Resolution of the General Assembly approving the list of new members admitted, members leaving the people's credit fund; decision to expel members.
2.[3] Procedure for Implementing Approval Procedures:
a) Credit cooperatives shall prepare documents in accordance with Clause 1 of this Article and submit them to the State Bank. If the documents are incomplete, within three working days from the date of receiving the documents, the State Bank shall issue a document requesting credit cooperatives to supplement the documents;
b) Within twenty days from the date of receipt of complete and valid documents:
(i) The State Bank shall issue a decision to amend and supplement the Business License regarding the registered capital of credit cooperatives for cases of increasing the registered capital;
(ii) The State Bank shall issue a document approving the reduction of the registered capital of credit cooperatives for cases of reducing the registered capital. Credit cooperatives may only implement the plan to reduce registered capital after obtaining approval from the State Bank;
(iii) In case of refusal, the State Bank shall reply in writing and specify the reasons.
3. Within thirty days from the date of receiving the approval document from the State Bank, credit cooperatives must implement the reduction of registered capital and notify the State Bank that the reduction has been completed. Beyond this period, if credit cooperatives do not implement the reduction of registered capital, the approval document from the State Bank becomes invalid.
Within ten days from the date of receipt of the notification of completion of the reduction of registered capital from credit cooperatives, the State Bank shall issue a decision to amend and supplement the Business License regarding the registered capital of credit cooperatives.
Article 10. Suspension of business operations for five working days or more, except in cases where suspension is due to force majeure events.
1. Application documents include:
a) The document of the credit cooperative proposing approval for the suspension of business operations, which must include at least the following contents:
(i) The number of days and time period expected for the suspension of business operations;
(ii) The reasons for the suspension of business operations and evidence proving the necessity of such suspension;
b) The decision of the Members' Congress regarding the suspension of business operations;
c) A plan to handle risks arising from the suspension of business operations, including anticipated measures to minimize the impact of the suspension on the rights and interests of customers.
2. Procedure for implementing the approval process:
a) At least sixty days before the expected date of suspension of business operations, the credit cooperative shall prepare a dossier in accordance with Clause 1 of this Article and submit it to the State Bank. In case the dossier is incomplete, within three working days from the date of receipt of the dossier, the State Bank shall issue a document requesting the credit cooperative to supplement the dossier;
b) Within fifteen days from the date of receiving a complete and valid dossier, the State Bank shall examine and approve the proposal for the suspension of business operations submitted by the credit cooperative.
3. After receiving the State Bank's approval document for the suspension of business operations, the credit cooperative shall be responsible for posting a notice about the time and reason for the suspension of business operations at its headquarters, transaction locations, and informing the People's Committee of the commune, ward, town (People's Committee of the district level) where the headquarters is located (for people's credit funds)..
Section 2. Approval of the proposed personnel list
Article 11. Dossier for requesting approval of the proposed personnel list
1. The document of the credit cooperative proposing the State Bank to approve the proposed personnel list, which must include at least the following contents:
a) Reasons for electing or appointing personnel;
b) The proposed personnel list including full name, current position (if applicable), and the position to be elected or appointed at the credit cooperative;
c)[4] The structure of the Board of Management, Supervisory Board currently in place and after the election and appointment. It specifies the number of Board of Management members, the number of Supervisory Board members, and the number of dedicated Supervisory Board members;
d) A commitment that the proposed personnel to be elected or appointed meet the standards and conditions stipulated in the Law on Credit Institutions, relevant laws, and the Charter of the credit cooperative.
2. The resolution of the Board of Management approving the proposed personnel list of the credit cooperative.
3. Personal resumes of the proposed personnel to be elected or appointed according to Appendix No. 01 issued together with this Circular.
4. Criminal record certificate of the proposed personnel to be elected or appointed, which must include complete information about criminal records (including both expunged and unexpunged records);
The criminal record certificate must be issued by the competent authority before the credit cooperative organization submits the dossier for approval of the proposed personnel list, at most six months prior to the submission;
5. Declaration of related parties of the proposed personnel to be elected or appointed according to Appendix No. 02 issued together with this Circular.
6. Certificates and diplomas of the proposed personnel to be elected or appointed proving compliance with the standards and conditions set forth by the State Bank for cooperative banks and people's credit funds. In cases where certificates and diplomas are issued by foreign educational institutions, they must be recognized by competent authorities in Vietnam in accordance with relevant laws.
Article 12. Procedure for Implementing Approval of the Proposed Personnel List
1. At least 30 days before the scheduled meeting of the Member Assembly (General Meeting of Members) or the date on which the Board of Directors plans to appoint (including hiring) the General Director (Director), the credit cooperative shall prepare the dossier in accordance with Article 11 of this Circular and submit it to the State Bank of Vietnam requesting approval of the proposed personnel list. In case the dossier is incomplete, within three working days from the date of receipt of the dossier, the State Bank of Vietnam shall issue a document requiring the credit cooperative to supplement and complete the dossier.
2. Within ten days from the date of receiving a complete and valid dossier, the State Bank of Vietnam shall issue a document approving the proposed list of the credit cooperative; in case of refusal, the State Bank of Vietnam shall reply in writing and specify the reasons.
Section 3. Transfer of Contributed Capital Shares
Article 13. Transfer of Contributed Capital Shares of Members of People's Credit Funds
1. The transfer of contributed capital shares of members of people's credit funds must comply with the regulations of the State Bank of Vietnam concerning people's credit funds.
2. People's credit funds must report to the State Bank of Vietnam branch where its main office is located about the transfer of contributed capital shares for members whose shareholding ratio is from 5% to 10% of the charter capital of the people's credit fund within ten days from the completion of the transfer.
Chapter III
RESPONSIBILITIES OF RELATED UNITS
Article 14. Responsibilities of the Banking Inspection and Supervision Authority
1. Review and submit to the Governor of the State Bank of Vietnam for decision on approval of the contents of changes and the proposed personnel list of the cooperative bank as stipulated in Clause 1 and Clause 2 of Article 1 of this Circular.
2. Submit to the Governor of the State Bank of Vietnam for issuance of a document seeking opinions of the People's Committee of the province or centrally governed city where the cooperative bank plans to move to regarding the change of the location of the main office of the cooperative bank if the new location is outside the administrative area of the province or centrally governed city where the cooperative bank currently has its main office.
3. Seek opinions of the State Bank of Vietnam branch regarding the extension of the operating period of the cooperative bank ensuring the time specified in Article 8 of this Circular.
4. Seek opinions of the Department of Organization and Cadres, the State Bank of Vietnam branch regarding the proposed list of candidates to be elected or appointed as Chairman and other members of the Board of Directors,the Head and other members of the Supervisory Board, and the General Director of For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.the cooperative hbank concerning the request for approval of the proposed personnel list of the cooperative bank ensuring the time specified in Article 12 of this Circular.
5. Review the notification of the cooperative bank as stipulated in point a, Clause 3, Article 16 of this Circular. In case of discovering errors, the Banking Inspection and Supervision Authority shall require the cooperative bank to handle them promptly or propose measures to the Governor of the State Bank of Vietnam for handling if beyond their authority.
Article 15. Responsibilities of the State Bank of Vietnam Branch
1. Review and approve the contents of changes and the proposed personnel list of people's credit funds as stipulated in Clause 1 and Clause 2 of Article 1 of this Circular.
2. Seek opinions of the People's Committee of the commune where the people's credit fund plans to move to regarding the change of the location of the main office of the people's credit fund if the new location is outside the administrative area of the commune where the people's credit fund currently has its main office, ensuring the time specified in Article 6 of this Circular.
3.Check whether all conditions for the main office are fully met upon receiving the report of the credit cooperative on the planned date of commencing operations at the new location as stipulated in Clause 4 of Article 6 of this Circular.
4.[5] Seek opinions of the People's Committee of the commune where the proposed candidates reside, and the cooperative bank (if deemed necessary) regarding the proposed list of candidates to be elected or appointed as Chairman and other members of the Board of Directors, the Head and other members of the Supervisory Board, and the Director of the people's credit fund, ensuring the time specified in Article 12 of this Circular.
5. Review the notification of the people's credit fund as stipulated in point a, Clause 3, Article 16 of this Circular. In case of discovering errors, the State Bank of Vietnam shall require the people's credit fund to handle them promptly or implement measures according to its authority.
6. Participate in providing opinions at the request of the Banking Inspection and Supervision Authority on other related matters within its assigned functions and tasks.
Article 16. Responsibilities of credit organizations that are cooperatives
1. Shall be responsible under the law for the accuracy and completeness of the information provided in the application dossier.
2. Implement the nomination and proposal of candidate lists as follows:
a) The Board of Directors of credit organizations that are cooperatives shall be responsible for notifying members about the nomination and proposal of candidates for the positions of Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board, in accordance with the provisions of the law and the Charter of the credit organization that is a cooperative. The notification content must include the following information:
(i)[6] The number of members expected to be elected to the Board of Directors and the Supervisory Board, including the expected number of dedicated members of the Supervisory Board;
(ii) Standards and conditions that must be met for each position;
b) Based on the nomination or proposal list from members for the positions specified in point a of this clause, the Board of Directors shall review the standards and conditions; establish and approve the proposed personnel list. In cases where members do not nominate or propose enough candidates for the positions of Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board, or the candidates do not meet the required standards and conditions, the Board of Directors and the Supervisory Board have the right to propose additional candidates who meet the required standards and conditions for the positions of Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board;
c) In cases where the nominated candidate or the proposed candidate does not meet the required standards and conditions, the Board of Directors shall be responsible for informing the reasons to the nominated candidate or the member proposing the personnel;
3. Implement the notification of contents related to the approval of the proposed personnel list as follows:
a) Notify in writing to the State Bank of Vietnam any changes related to the fulfillment of the standards and conditions of the proposed personnel expected to be elected or appointed during the period when the State Bank of Vietnam reviews the application for approval of the proposed personnel list or from the date of the State Bank of Vietnam's approval of the proposed personnel list until the personnel are elected or appointed;
b) Within ten working days from the date of election or appointment of the positions of Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board, dedicated supervisors, General Director (Director), credit organizations that are cooperatives must send a written notification to the State Bank of Vietnam listing those elected or appointed according to Appendix No. 03 issued together with this Circular, specifically:
(i) Cooperative banks notify the Banking Inspection and Supervision Authority, the State Bank of Vietnam branch;
(ii)[7] Credit unions notify the State Bank of Vietnam branch.
4. After the State Bank of Vietnam issues a decision to amend or supplement the License, credit organizations that are cooperatives must:
a) Amend and supplement the changed contents in the Charter;
b) Register with competent state authorities regarding the changed contents in accordance with the law;
c) Publicize informationabout the changed contents within seven working days from the date the State Bank of Vietnamissues a decision to amend or supplement the License as follows: (i) Cooperative banks announce on the State Bank of Vietnam's communication channels and
in three consecutive daily newspapers 01 or through announcementson electronic media in Vietnam 01 REPORTING for seven consecutive days; Credit
(ii) unions post information at the People's Committee office of the commune and announce on For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.the commune radio station (if available) within their operating area for seven consecutive days. Credit organizations that are cooperatives which have submitted complete and valid applications for approval of changes in one or more of the contents prescribed in Clause 1, Article 1 of this Circular or the proposed personnel list prescribed in Clause 2, Article 1 of this Circular before the effective date of this Circular and comply with the laws at that time may continue to implement in accordance with current laws or amend and supplement the application to implement in accordance with this Circular. 1. This Circular takes effect from June 1, 2018.
Chapter IV
IMPLEMENTING PROVISIONS
[8]Article 17. Transitional Provisions
a) Decision No. 05/2007/QD-NHNN dated January 30, 2007, of the Governor of the State Bank of Vietnam promulgating regulations on procedures and formalities for implementing changes by credit unions that require approval by the State Bank of Vietnam;
Article 18. Effective Date
b) Decision No. 35/2008/QD-NHNN dated December 16, 2008, of the Governor of the State Bank of Vietnam amending and supplementing certain articles of the regulations on procedures and formalities for implementing changes by credit unions that require approval promulgated under Decision No. 05/2007/QD-NHNN dated January 30, 2007, of the Governor of the State Bank of Vietnam;
2. From the date this Circular takes effect, the following provisions shall cease to be effective:
c) Clause 2, Article 22 of Circular No. 31/2012/TT-NHNN dated November 26, 2012, of the Governor of the State Bank of Vietnam on cooperative banks;
d) Clause 4, Article 25 of Circular No. 04/2015/TT-NHNN dated March 31, 2015, of the Governor of the State Bank of Vietnam on credit unions.
The Chief of the Office, the Chief Inspector and Supervisor of Banks, Heads of units under the State Bank of Vietnam, Governors of State Bank of Vietnam branches, Chairmen and members of the Board of Members, Heads and members of the Supervisory Board, General Directors (Directors) of credit organizations that are cooperatives are responsible for implementing this Circular./.
Sample Curriculum Vitae
Article 19. Implementation
- Full name
Annex No. 01
[9]- Alias
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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CURRICULUM VITAE
1. Personal Information
- Full Name at Birth
- Date of birth
- Permanent address according to household registration, address according to identity card/citizen identification card and current residence address
- Identity card/citizen identification card number (or passport still valid); Date, month, year and place of issuance of the identity card/citizen identification card (or passport still valid)
- Address registered according to passport or substitute passport document (province/city, district/county, commune/township)
- Current place of residence in Vietnam (province/city, district/county, commune/township) (if applicable)
- Name and address of the legal entity represented. In case of being appointed to represent the state capital contribution in a cooperative bank, additional information on the proportion of capital contribution represented must be provided.
- Secondary education
- Academic title and degree (specify the name and address of the school; field of study; duration of study; diplomas (list all diplomas))
2. Educational qualifications
- Occupation, unit, position held since age 18 to present
Period (from month/year to month/year)
3. Work Experience:
Business sector of the enterprise(1):
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Serial number |
Time period (from month/year to month/year) (2) |
Workplace |
Position |
Business field of the enterprise |
Remarks (3) |
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- Rewards, disciplinary actions, responsibilities based on inspection conclusions leading to credit organizations, foreign bank branches being administratively punished(4).
4. Civil capacity(5)
5. Legal commitment
I commit:
- Meeting the standards and conditions for holding the position... at the credit cooperative organization;
- Notifying the credit cooperative organization of any changes related to the contents of the declaration above during the period when the State Bank of Vietnam is reviewing the proposal of... (name of the credit cooperative organization);
- The personal information I provide to the credit cooperative organization for submission to the State Bank of Vietnam for review and approval of the proposed personnel is true. I hereby accept responsibility under the law for the completeness, truthfulness, and accuracy of the declared information mentioned above.
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..., day... month... year... |
Note:
The declarant must declare all required information fully and bear responsibility under the law and the credit cooperative organization for the completeness, accuracy, and truthfulness of the application materials; if there is no change, it should be clearly stated that there is none.
1. The declarant must declare all work experience, units of employment, positions held previously and currently.
2. Ensure continuity over time.
3. Note if the unit of employment falls into any of the following cases:
(i) Units as stipulated in Point c, d Clause 1 Article 33 of the Law on Credit Organizations;
(ii) Tasks assigned at the unit of employment.
4. Specify if the personnel fall into the cases specified in Point d, h Clause 1 Article 33 of the Law on Credit Organizations which have been amended and supplemented.
5. Specify: complete/incomplete/loss of civil capacity.
In addition to the basic contents above, the declarant may supplement other necessary contents.
ANNEX NO. 01a
[10]Model list of capital contributors declaration
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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LIST OF CAPITAL CONTRIBUTORS AND EXPECTED CAPITAL REFUNDS IN THE YEAR...
Respectfully submitted to: State Bank of Vietnam/ State Bank branch of province/city...
1. List of capital contributors
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Full Name |
Currency Exchange Agent No. 3 |
Capital contribution establishing member status |
Additional capital contribution |
Total |
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Contribution date |
Amount |
Contribution date |
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2. List of expected capital refund members
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Serial number |
Full Name |
Currency Exchange Agent No. 3 |
Total capital contribution (Amount) |
Expected capital refund amount (Amount) |
Remaining expected capital contribution (Amount) |
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I commit that the provided information above is true. I hereby accept responsibility under the law for the completeness and accuracy of the declared information mentioned above.
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..., day... month... year... |
Annex No. 02
(Annexed to Circular No. 05/2018/TT-NHNN dated March 12, 2018 issued by the Governor of the State Bank of Vietnam on the documents, procedures, and formalities for approving changes and lists of proposed election and appointment of personnel of credit cooperative organizations)
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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DECLARATION OF RELATED PERSONS
Respectfully submitted to: State Bank of Vietnam/
State Bank branch of province/city...
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Serial number |
Declarant and "related parties" of the declarant |
ID number/Date of ID card or Household Registration Booklet (1)/Passport |
Relationship with declarant |
Position at Credit Cooperative Organization(2) |
Capital contribution ratio at Credit Cooperative Organization(3) |
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Declaration maker |
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Nguyen Van A |
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Declarant |
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Related person |
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Nguyen Thi B |
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Spouse |
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I commit that the provided information above is true. I hereby accept responsibility under the law for the completeness and accuracy of the declared information mentioned above.
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Note:
The declarant must fill in all column contents fully. If there is no occurrence, it should be clearly stated that there is none.
(1) Identity Card or Citizen Identification Card.
(2) Position at the credit cooperative organization requesting approval of the list of proposed personnel.
(3) Capital contribution ratio (for individual or household members) or representative capital contribution ratio (for corporate members) at the credit cooperative organization requesting approval of the list of proposed personnel.
Annex No. 03
(Annexed to Circular No. 05/2018/TT-NHNN dated March 12, 2018 issued by the Governor of the State Bank of Vietnam on the documents, procedures, and formalities for approving changes and lists of proposed election and appointment of personnel of credit cooperative organizations)
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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NOTICE
List of individuals proposed to be elected/appointed as Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board, General Director/Director, and dedicated supervisory board member
Respectfully submitted to: State Bank of Vietnam/
State Bank branch of province/city...
Based on the proposed list of individuals to be elected/appointed as Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board, General Director/Director, and dedicated supervisory board member, which has been approved by the State Bank/State Bank branch in Document No... dated... /... /..., the credit cooperative bank/cooperative credit fund has implemented the procedures for electing/appointing personnel in accordance with the provisions of the law.
The credit cooperative bank/cooperative credit fund hereby reports to the State Bank/State Bank branch the results of electing/appointing personnel as follows:
1. Board of Directors (term...)
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Serial number |
Full Name |
Position elected/appointed(1) |
Voting percentage at the Member Assembly |
Resolution on electing/appointing personnel (3) |
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2. Supervisory Board (term...)
a) Results of electing/appointing personnel:
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Serial number |
Full Name |
Position elected/appointed (2) |
Voting percentage at the Member Assembly |
Resolution on electing/appointing personnel (3) |
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b) Composition of the Supervisory Board (dedicated members) as prescribed in Article 44 of the Law on Credit Organizations, specifying dedicated and non-dedicated members of the Supervisory Board.
3. General Director (Director) of credit cooperative organization
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Serial number |
Full Name |
Appointment Decision(3) |
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4. Other contents regarding the results of electing/appointing personnel (if any)
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..., day... month... year... |
Note:
1. Clearly state the position of Chairman and other members of the Board of Directors.
2. Clearly state the position of Head and other members of the Supervisory Board, dedicated supervisory board member.
3. Clearly state the type of document, number, issuance date, effective date of the document along with a copy of the document.
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CERTIFIED CONSOLIDATED DOCUMENT DIRECTOR |
[1] Circular No. 21/2019/TT-NHNN amending and supplementing certain articles of circulars regulating credit cooperative banks, cooperative credit funds, and the system security fund for cooperative credit funds is based on the following:
“Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law Amending and Supplementing Certain Articles of the Law on Credit Institutions dated November 20, 2017;
On the basis of the Law on Cooperatives dated November 20, 2012;
Decree No. 16/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of Banking Inspection and Supervision;
The Governor of the State Bank of Vietnam issues this Circular amending and supplementing certain articles of circulars regulating credit cooperative banks, cooperative credit funds, and the system security fund for cooperative credit funds."
[2] This clause was amended according to Clause 1 Article 3 of Circular No. 21/2019/TT-NHNN amending and supplementing certain articles of circulars regulating credit cooperative banks, cooperative credit funds, and the system security fund for cooperative credit funds, taking effect from January 1, 2020.
[3] This clause was amended according to Clause 1 Article 3 of Circular No. 21/2019/TT-NHNN amending and supplementing certain articles of circulars regulating credit cooperative banks, cooperative credit funds, and the system security fund for cooperative credit funds, taking effect from January 1, 2020.
[4] This point has been amended pursuant to Clause 2, Article 3 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars on cooperative banks, people's credit funds, and the safety guarantee fund for the system of people's credit funds, which took effect from January 1, 2020.
[5] This clause has been amended pursuant to Clause 3, Article 3 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars on cooperative banks, people's credit funds, and the safety guarantee fund for the system of people's credit funds, which took effect from January 1, 2020.
[6] This point has been amended pursuant to point a, Clause 4, Article 3 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars on cooperative banks, people's credit funds, and the safety guarantee fund for the system of people's credit funds, which took effect from January 1, 2020.
[7] This point has been amended pursuant to point b, Clause 4, Article 3 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars on cooperative banks, people's credit funds, and the safety guarantee fund for the system of people's credit funds, which took effect from January 1, 2020.
[8] Articles 7 and 8 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars on cooperative banks, people's credit funds, and the safety guarantee fund for the system of people's credit funds, which took effect from January 1, 2020, are stipulated as follows:
“Article 7. Responsibilities for Organizing Implementation
The Director of the Office, the Head of Banking Inspection and Supervision, the Heads of units under the State Bank, the Governor of the State Bank Branches in provinces and centrally-administered cities, the Chairmen of the Boards of Directors, and General Managers of cooperative banks in Vietnam, and the Chairmen of the Boards of Directors and Directors of people's credit funds shall be responsible for organizing the implementation of this Circular.
Article 8. Implementation clause
1. This Circular takes effect from January 1, 2020.
2. This Circular abolishes:
a) Article 1 and Clauses 3, 4, 6, 7, 8, and 9 of Article 2 of Circular No. 06/2017/TT-NHNN dated July 5, 2017, issued by the Governor of the State Bank, amending and supplementing certain provisions of Circular No. 03/2014/TT-NHNN dated January 23, 2014, issued by the Governor of the State Bank, regarding the safety guarantee fund for the system of people's credit funds, and Circular No. 04/2015/TT-NHNN dated March 31, 2015, issued by the Governor of the State Bank, regarding people's credit funds;
b) Clause 2 and 4 of Article 1 of Circular No. 09/2016/TT-NHNN dated June 17, 2016, issued by the Governor of the State Bank, amending and supplementing certain provisions of Circular No. 31/2012/TT-NHNN dated November 26, 2012, issued by the Governor of the State Bank, regarding cooperative banks./”
[9] This Annex has been replaced pursuant to Clause 2, Article 6 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars on cooperative banks, people's credit funds, and the safety guarantee fund for the system of people's credit funds, which took effect from January 1, 2020.
[10] This Annex has been added pursuant to Clause 3, Article 6 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars on cooperative banks, people's credit funds, and the safety guarantee fund for the system of people's credit funds, which took effect from January 1, 2020.
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