Circular No. 44/2014/TT-NHNN guiding certain contents regarding forensic appraisal in the field of currency and banking

CIRCULAR

Guidelines on certain aspects of forensic appraisal

Article 1. Amending and supplementing some articles of Decree No. 89/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for foreign exchange trading agency activities and foreign currency receipt and payment service provision activities of economic organizations

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Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Law on Credit Organizations No. 47/2010/QH12 dated June 16, 2010;

Based on the Law on Forensic Appraisal No. 13/2012/QH13 dated June 20, 2012;

Pursuant to the Government Decree No. 85/2013/NĐ-CP dated July 29, 2013 detailing and guiding the implementation of the Forensic Appraisal Law;

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

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

The Governor of the State Bank of Vietnam issues this Circular to guide certain aspects of forensic appraisal in the fields of currency and banking.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards for appointing forensic appraisers in the fields of currency and banking; conditions regarding physical facilities of forensic appraisal offices in the field of banking; establishing, publishing lists of forensic appraisers appointed by the Governor of the State Bank of Vietnam (hereinafter referred to as the State Bank), establishing and announcing lists of persons conducting forensic appraisal on a case-by-case basis, organizing forensic appraisal on a case-by-case basis in the fields of currency and banking; guiding the application of professional standards for forensic appraisal activities in the fields of currency and banking, and other related matters.

Article 2. Applicability

1. Officers, civil servants, and employees under the State Bank of Vietnam.

2. Organizations and individuals related to forensic appraisal activities in the fields of currency and banking.

Article 3. Fields of forensic appraisal concerning currency and banking

1. Appraisal of banknotes and coins issued by the State Bank of Vietnam.

2. Appraisal of foreign exchange, foreign exchange activities, and gold trading activities.

3. Appraisal of banking activities, including credit provision, deposit-taking, and account-based payment service provision.

4. Appraisal of deposit insurance.

5. Appraisal of other activities related to currency and banking as prescribed by law.

Chapter II

SPECIFIC PROVISIONS

Article 4. Standards for appointing forensic appraisers in the fields of currency and banking

1. General standards for appointing forensic appraisers in the fields of currency and banking

a) Standards as prescribed in Clause 1, Article 7 of the Law on Forensic Appraisal and not falling within the cases prescribed in Clause 2, Article 7 of the Law on Forensic Appraisal;

b) The standard "Having at least five years of practical experience in the specialized field of training" as prescribed in point b, Clause 1, Article 7 of the Law on Forensic Appraisal means having at least five years of direct work experience in the specialized field of training from the date of appointment to the rank of civil servant or employee or signing a labor contract;

c) The standard "Having a bachelor's degree or higher" as prescribed in point b, Clause 1, Article 7 of the Law on Forensic Appraisal means holding a bachelor's degree or higher (in cases where the bachelor's degree or higher is issued by an educational institution of a foreign country, it must be recognized by Vietnam according to the provisions of the law on education and training and international treaties to which the Socialist Republic of Vietnam is a party).

2. Standards for appointing forensic appraisers in the field of banking

a) The standards prescribed in Clause 1 of this Article;

b) Having a bachelor's degree or higher in one of the following fields of study: banking, finance, accounting, economics, law.

3. Standards for appointing forensic appraisers in the field of appraisal of banknotes and coins

a) The standards prescribed in Clause 1 of this Article;

b) Having a bachelor's degree or higher in one of the following fields of study: information technology, fine arts, and printing engineering.

4. Standards for appointing forensic appraisers in the fields of currency and banking outside the provisions of Clauses 2 and 3 of this Article

a) The standards prescribed in Clause 1 of this Article;

b) Having a bachelor's degree or higher in one of the following fields of study: economics, finance, law, or in the field in which the person is appointed as a forensic appraiser.

Article 5. Documents for Nomination of Judicial Appraisers at the State Bank

1. A letter requesting the nomination of judicial appraisers from the Head of the Agency or Unit under the State Bank, the Director of the State Bank Branches in provinces and centrally governed cities (hereinafter referred to as the Head of Units under the State Bank).

2. A copy of the bachelor's degree or higher certificate as specified in Clause 2 of Article 4 of this Circular.

3. Curriculum vitae and Judicial Background Certificate.

4. Confirmation letter regarding the actual time spent on professional activities of the unit where the person proposed for nomination as a judicial appraiser works; A copy of the document issued by the agency or unit to prove the actual time spent on professional activities of the person proposed for nomination as a judicial appraiser.

Article 6. Procedures for Nomination of Judicial Appraisers at the State Bank

1. The Head of Units under the State Bank selects persons meeting the criteria stipulated in Article 4 of this Circular, prepares the documents for nomination of judicial appraisers, and submits them to the Department of Organization and Cadres.

2. The Head of the Department of Organization and Cadres takes the lead, coordinates with relevant units to review the documents, select candidates, and submit to the Governor of the State Bank for decision on the nomination of judicial appraisers.

Article 7. Procedures for Removal of Judicial Appraisers at the State Bank

1. Cases of removal shall be carried out according to the provisions of Clause 1 and Clause 2 of Article 10 of the Law on Judicial Appraisal.

2. The Head of Units under the State Bank prepares the documents for removal of judicial appraisers and submits them to the Department of Organization and Cadres. The Department of Organization and Cadres leads, coordinates with relevant units to check the documents and submit to the Governor of the State Bank for consideration and issuance of the decision to remove judicial appraisers.

Article 8. Establishment and Publication of Lists of Judicial Appraisers; Establishment and Announcement of Lists of Persons and Organizations Conducting Judicial Appraisals by Case

1. Establishment and publication of lists of judicial appraisers nominated by the Governor of the State Bank

a) Based on the Decision on Nomination and Removal of Judicial Appraisers by the Governor of the State Bank, the Department of Organization and Cadres establishes and sends the list of judicial appraisers and adjusts the list of judicial appraisers to the State Bank Office for publication on the State Bank's electronic portal, and simultaneously sends it to the Ministry of Justice to establish a general list;

b) The State Bank Office is responsible for publishing the list of judicial appraisers and adjusting the list of judicial appraisers on the State Bank's electronic portal within three working days from the date of receipt of the list.

2. Establishment and publication of list of case-specific judicial appraisers and case-specific judicial appraisal organizations

a) Before October 31 each year, the Heads of Units under the State Bank select persons meeting the conditions stipulated in Clause 1 and Clause 2 of Article 18 of the Law on Judicial Appraisal and organizations meeting the conditions stipulated in Clause 1 of Article 19 of the Law on Judicial Appraisal, and prepare the list to send to the Department of Organization and Cadres;

b) The Department of Organization and Cadres reviews and compiles the list of persons conducting judicial appraisals by case and organizations conducting judicial appraisals by case as stipulated in point a of this clause, and submits it to the Governor of the State Bank for consideration and issuance of the decision to announce the list of persons conducting judicial appraisals by case and organizations conducting judicial appraisals by case before November 30 each year;

c) Based on the Decision on Announcing the List of Persons Conducting Judicial Appraisals by Case and Organizations Conducting Judicial Appraisals by Case by the Governor of the State Bank, the Department of Organization and Cadres is responsible for sending the list along with information about persons conducting judicial appraisals by case and organizations conducting judicial appraisals by case as stipulated in Article 24 of Decree No. 85/2013/ND-CP dated July 29, 2013 of the Government detailing and implementing the Law on Judicial Appraisal to the State Bank Office for publication on the State Bank's electronic portal, and simultaneously sends it to the Ministry of Justice for consolidation into a general list. In cases where there are changes in information related to persons conducting judicial appraisals by case and organizations conducting judicial appraisals by case that have been announced, the Department of Organization and Cadres is responsible for adjusting the list and notifying the Ministry of Justice within seven working days from the date of adjustment of the list;

d) The State Bank Office is responsible for publishing the list and information of persons conducting judicial appraisals by case and organizations conducting judicial appraisals by case on the State Bank's electronic portal within three working days from the date of receipt of the list.

Article 9. Application of professional standards to forensic appraisal activities

Professional standards applied to forensic appraisal activities in the fields of currency and banking include legal normative documents on currency, banking operations, foreign exchange activities, and other relevant legal normative documents.

Article 10. Material conditions for Forensic Appraisal Offices in the field of banking

Forensic Appraisal Offices in the field of banking must meet the following conditions:

1. Have its own office premises owned or used for at least three years from the date the competent authority decides to allow establishment of the Forensic Appraisal Office.

2. Have workrooms for appraisers and staff; have cabinets or warehouses or separate areas for storing appraisal files.

3. Have a publicly posted list of forensic appraisal fees.

Article 11. Acceptance of forensic appraisal requests at the State Bank

1. In cases where the requesting party sends a request for forensic appraisal to the State Bank through the Inspection and Supervision Authority, which coordinates with the heads of relevant units within the State Bank based on the content of the forensic appraisal request to select judicial appraisers, forensic appraisers according to the case, or officials meeting the conditions stipulated in Clause 1, Article 18 of the Law on Forensic Appraisal. After selecting the participants in the appraisal, the Inspection and Supervision Authority forwards the file to the Department of Organization and Cadres for the Department of Organization and Cadres to submit to the Governor of the State Bank for a decision to appoint personnel to conduct forensic appraisal.

If the content of the forensic appraisal request does not fall within the scope of management of the State Bank, within five working days from the date of receipt of the request, the Inspection and Supervision Authority shall draft a refusal letter detailing the reasons and submit it to the requesting party for review and decision by the Governor of the State Bank.

2. In cases where the requesting party directly requests a judicial appraiser or forensic appraiser according to the case who is an official of the State Bank, the judicial appraiser or forensic appraiser according to the case shall report to their direct supervisor to arrange and facilitate the conduct of the appraisal.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from February 12, 2015.

2. During the implementation of this Circular, if there are difficulties or obstacles, individuals and organizations are requested to reflect these issues to the State Bank for research and appropriate amendments.

Article 13. Implementation Organization

1. The Inspection and Supervision Authority shall take the lead and coordinate with the Department of Organization and Cadres to guide and inspect the implementation of this Circular.

2. Annually, the Inspection and Supervision Authority shall cooperate with related units to summarize and evaluate the organization and operation of forensic appraisal activities concerning currency and banking under the management of the State Bank and submit reports to the Ministry of Justice for consolidation and reporting to the Government.

3. The Chief of the Office, the Chief Inspector, the Director of the Department of Organization and Cadres, the Heads of units under the State Bank, and the Governors of the State Bank Branches in provinces and centrally-administered cities are responsible for organizing the implementation of this Circular./.