Công văn 1643/TTGSNH4

Official Dispatch No. 1643/TTGSNH4 dated June 2, 2015, regarding sending internal regulations in accordance with Laws

Nội dung toàn văn Official Dispatch No. 1643/TTGSNH4 2015 sending internal regulations in accordance with Laws


THE STATE BANK OF VIETNAM
BANK INSPECTION AND SUPERVISION DEPARTMENT
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness   
---------------

No. 1643/TTGSNH4
Re. sending internal regulations in accordance with laws

Hanoi, June 2, 2015

 

Dear foreign credit institutions in Vietnam,

Pursuant to the State Bank Law No. 46/2010/QH12 dated June 16, 2010; the Law on Credit Institutions No. 47/2010/QH12 dated June 16, 2010.

Pursuant to the Decree No. 26/2014/NĐ-CP dated April 7, 2014 on organization and operation of the Bank Inspection and Supervision Department; the Decree No. 22/2006/NĐ-CP dated February 28, 2006 on organization and operation of foreign bank branches, joint venture banks, wholly foreign-owned banks, representative offices of foreign credit institutions in Vietnam (hereinafter referred to as foreign credit institutions).

In order to assist inspection, supervision and addition of information and materials to the micro-finance safety supervision for specific foreign credit institutions, the Bank Inspection and Supervision Department hereby requests foreign credit institutions to:

1. Send internal regulations in accordance with laws; internal policies and procedures as prescribed by foreign credit institutions (based on the documentary nomenclature enclosed herewith).

2. Write documents and materials in Vietnamese.

3. Send documents and materials in the following forms:

- Written copies of documents or materials sent to the Division of Banking System Safety Control - the Department of Bank Inspection and Supervision at 25, Ly Thuong Kiet, Hoan Kiem, Hanoi.

- Soft copies of documents or materials (in PDF format) sent to the address: [email protected]

4. Whenever there is any change, modification or replacement of internal regulations in accordance with laws; internal policies, procedures in accordance with regulations laid down by foreign credit institutions, these foreign credit institutions must immediately send these documents to the Bank Inspection and Supervision Department at the abovementioned address.

5. Take this official dispatch as a replacement for the official dispatch No. 672/TTGSNH2 dated April 2, 2010 on sending internal regulations to the Bank Inspection and Supervision Department.

The Bank Inspection and Supervision Department hereby notifies foreign credit institutions for implementation purpose./.

 

 

 

THE CHIEF INSPECTOR OF BANKS




Nguyen Huu Nghia

 

INTERNAL DOCUMENTARY NOMENCLATURE

(Reported as stipulated by the official dispatch No. 1643/TTGSNH4 dated June 2, 2015) Deadline for sending documents or materials: by June 30, 2015

No.

Description

Note

I

Internal regulations in accordance with Article 93 of the Law on Credit Institutions

 

1

Regulations on credit extension, loan management with assurance that loans are used to serve the proper purpose (based on the regulations laid down in the Circular 36/2014/TT-NHNN)

 

2

Regulations on classification of assets, allocation and use of risk provisions

 

3

Regulations on asset quality evaluation and compliance with minimum safety ratio (based on the regulations laid down in the Circular No. 36/2014/TT-NHNN)

 

4

Regulations on liquidity management, including liquidity management procedures and limits (based on the regulations laid down in the Circular No. 36/2014/TT-NHNN)

 

5

Regulations on internal control system and internal audit mechanism appropriate to the nature and scope of operations of credit institutions

 

6

Regulations on internal credit rating system (based on regulations laid down in the Circular No. 02/2013/TT-NHNN)

 

7

Regulations on operational risk management of credit institutions

 

8

Regulations on processes and procedures, including principles of customer due diligence, for preventing credit institutions from being unintentionally involved in money laundering, terrorism financing and other crimes.

 

9

Regulations on measures to deal with emergency cases

 

II

Internal regulations in accordance with laws, and internal procedures and policies of foreign credit institutions

 

A

1st Headings

 

1

Business proposal in the Vietnam’s market

 

a

Short term strategy

 

b

Long term strategy

 

2

Business plan for the fiscal year

 

3

Business outcome produced after implementation of the business plan for the fiscal year

 

4

Organizational chart, structure and staffing arrangement

 

5

Functions and duties of the Board of Members, the Steering Committee, the Control Board and other professional divisions

 

B

2nd Headings

 

 

Information technology system (Core banking system) and other auxiliary software: Facility, security and delegation of authority to access and store information, and assist internal audit; business support modules; software facilitating formulation/ conversion of financial statements and statistical reports   

 

C

3rd Headings

 

1.

Credit operations

 

1.1.

General and/or specific credit policies for each credit product

 

1.2.

Credit limits

 

1.3.

Regulations on setting and managing credit limits

 

1.4.

Policies, regulations on collateral and registration of collateral transactions

 

1.5.

Regulations on customer due diligence

 

1.6.

Short, medium and long term credit procedures

 

1.7.

Guarantee procedures

 

1.8.

Particular procedures, regulations concerning loans used for real property investment, business and purchase and personal installment loans (applicable to foreign credit institutions involved in providing loans for real property investment, business and purchase, and personal installment loans)

 

1.9.

Regulations on loan interest exemption and reduction in accordance with the Decision No. 1627/2001/QĐ-NHNN dated December 31, 2001

 

1.10.

Regulations on debt repayment scheduling in accordance with the Decision No. 783/2005/QĐ-NHNN the Circular No. 02/2013/TT-NHNN the Circular No. 09/2014/TT-NHNN

 

1.11.

Procedures for inspection and supervision of loans extended to customers in accordance with the Decision No. 127/2005/QĐ-NHNN of the State Bank of Vietnam dated February 3, 2005

 

1.12.

Internal regulations on trust and trust receipt operations in accordance with Article 8 of the Circular No. 30/2014/TT-NHNN

 

1.13.

Internal regulations on control and supervision of debt repayment rescheduling and maintenance of debt groups (the Circular No. 09/2014/TT-NHNN)

 

1.14.

Internal regulations on credit extension, borrowed money management and risk provision policies (the Circular No. 02/2014/TT-NHNN)

 

1.15.

Policies on debt classification and provisions for risks introduced by parent banks (if approved by the State Bank of Vietnam)

 

2.

Foreign exchange operations

 

2.1.

Procedures for foreign currency trading

 

2.2.

Procedures for international payments; trade finance, factoring, Letter of Credit reimbursement (when applicable)

 

3.

Derivatives operations (in progress)

 

3.1.

Procedures for carrying out derivatives operations

 

3.2.

Procedures for carrying out interest rate derivatives operations

 

3.3.

Procedures for carrying out other derivatives operations

 

4.

Regulations on money laundering prevention and control

 

5.

Regulations on accounting record, conversion of financial statements and statistical reports

 

D

4th Headings

 

1

Organizational structure, functions and duties of risk management units or risk Committees

 

2

Internal regulations on credit risk management

 

3

Internal regulations on market risk management

 

4

Internal regulations on liquidity risk management

 

5

Internal regulations on operational risk management

 

6

Internal regulations on compliance risk management

 

E

5th Headings

 

1

Regulations on internal control and audit system (structure, organization, functions and duties, etc.)

 

2

Internal audit policies including:

 

a

Internal regulations on internal audit (Clause 2, Article 21 in the Circular No. 44/2012/TT-NHNN)

 

b

Internal procedures for internal audit (Clause 3, Article 21 in the Circular No. 44/2012/TT-NHNN)

 

3

Code of professional ethics (Clause 1, Article 22 in the Circular No. 44/2012/TT-NHNN)

 

4

Internal regulations on organization and operation of internal audit (Clause 2, Article 30 in the Circular No. 44/2012/TT-NHNN)

 

5

Policies and procedures for risk management, including procedures implemented by employing information technology system

 

6

Management and financial information system, including electronic information system and banking services

 

III

Other relevant documents or materials

 

 

 

 

 


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              Official Dispatch No. 1643/TTGSNH4 2015 sending internal regulations in accordance with Laws
              Loại văn bảnCông văn
              Số hiệu1643/TTGSNH4
              Cơ quan ban hànhNgân hàng Nhà nước
              Người kýNguyễn Hữu Nghĩa
              Ngày ban hành02/06/2015
              Ngày hiệu lực02/06/2015
              Ngày công báo...
              Số công báo
              Lĩnh vựcTiền tệ - Ngân hàng
              Tình trạng hiệu lựcKhông xác định
              Cập nhật9 năm trước

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