LIST
Chapter I
GENERAL PROVISIONS
Article 1. Scope
Article 2. Subjects of application
Article 3. Application of the Law on Credit Institutions, international treaties, international trade practices and relevant laws
Article 4. Interpretation of terms
Article 5. Use of terms relating to banking operations
Article 6. Organizational form of the credit institution
Article 7. Right to autonomy operations
Article 8. Right to banking operations
Article 9. Co-operation and competition in banking operations
Article 10. Protection of customers' interests
Article 11. Responsibility to prevent and combat money laundering and terrorism financing
Article 12. Legal representative of the credit institution
Article 13. Supply of information
Article 14. Information confidentiality
Article 15. Database backup
Article 16. Share purchase by foreign investors
Article 17. Policy Bank
Chapter II
LICENSE
Article 18. Competence to grant and withdraw permits
Article 19. Legal capital
Article 20. Conditions for the grant of a License
Article 21. Dossier, order and procedures for applying for a License
Article 22. Time limit for licensing
Article 23. Licensing Fee
Article 24. Business registration, operation registration
Article 25. Disclosure of operation information
Article 26. Conditions for inauguration of operation
Article 27. Use of License
Article 28. Revocation of a License
Article 29. Changes must be approved by the State Bank
Chapter III
ORGANIZATION, MANAGEMENT AND ADMINISTRATION OF CREDIT INSTITUTIONS
Section 1. GENERAL PROVISIONS
Article 30. Establishment of branches, representative offices, non-business units, commercial presence
Article 31. Charter
Article 32. Structure of the credit institution
Article 33. Cases in which the title is not allowed
Article 34. Persons not holding the same position
Article 35. Naturally disqualified
Article 36. Dismissal, removal from office
Article 37. Suspension, temporary suspension of titles of the Board of Directors, Members' Council, Control Board, General Director (Director)
Article 38. Rights and obligations of managers and executives of credit institutions
Article 39. Responsibility to disclose related interests
Article 40. Internal control system
Article 41. Internal audit
Article 42. Independent audit
Section 2. GENERAL PROVISIONS FOR CREDIT INSTITUTIONS AS JOINT STOCK COMPANY, LIMITED LIABILITY COMPANY
Article 43. Board of Directors, Board of Members and structure of Board of Directors, Board of Members
Article 44. Supervisory Board and Supervisory Board structure
Article 45. Tasks and powers of the Control Board
Article 46. Rights and obligations of the Head of the Control Board
Article 47. Rights and obligations of members of the Control Board
Article 48. General Director (Director)
Article 49. Rights and obligations of the General Director (Director)
Article 50. Standards and conditions for managers, executives and a number of other titles of credit institutions
Article 51. Approval of the tentative list of persons elected, appointed as members of the Board of Directors, Members' Council, Control Board, General Director (Director) of the credit institution
Section 3. CREDIT INSTITUTION IS A JOINT STOCK COMPANY
Article 52. Types of shares, shareholders
Article 53. Rights of common shareholders
Article 54. Obligations of common shareholders
Article 55. Share ownership ratio
Article 56. Offer for sale and transfer of shares
Article 57. Buy-back of shareholders' shares
Article 58. Shares
Article 59. General meeting of shareholders
Article 60. Convene the General Meeting of Shareholders at the request of the State Bank
Article 61. Report on the results of the General Meeting of Shareholders
Article 62. The Board of Directors of a credit institution is a joint stock company
Article 63. Tasks and powers of the Board of Directors
Article 64. Rights and obligations of the Chairman of the Board of Directors
Article 65. Rights and obligations of members of the Board of Directors
Section 4. CREDIT INSTITUTION IS ONE MEMBER LIMITED LIABILITY COMPANY
Article 66. Rights and duties of owners
Article 67. Duties and powers of the Members' Council
Article 68. Rights and obligations of the Chairman of the Members' Council
Article 69. Rights and obligations of members of the Members' Council
Section 5. CREDIT INSTITUTION IS A LIMITED LIABILITY COMPANY WITH TWO OR MORE MEMBERS
Article 70. Capital-contributing members, duties and powers of capital-contributing members
Article 71. Transfer of contributed capital, redemption of contributed capital
Article 72. Council of members
Section 6. CREDIT INSTITUTION IS COMMUNITY COOPERATION
Article 73. Nature and objectives of operation
Article 74. Establishment of a credit institution being a cooperative
Article 75. Organizational structure
Article 76. Charter capital
Article 77. Charter
Article 78. Members' rights
Article 79. Members' obligations
Article 80. Members' general assembly
Article 81. Board of Directors
Article 82. Tasks and powers of the Board of Directors
Article 83. Organization and operation of the Control Board
Article 84. Tasks and powers of the Control Board
Article 85. General Director (Director) of a cooperative bank or people's credit fund
Article 86. Rights and obligations of the General Director (Director)
Section 7. MICROFINANCE ORGANIZATION
Article 87. Types of microfinance institutions
Article 88. Members, contributed capital, organizational structure and operating areas of a microfinance institution
Section 8. BRANCHES OF FOREIGN BANK IN VIETNAM
Article 89. Administration and administration of foreign bank branches
Chapter IV
OPERATION OF CREDIT INSTITUTIONS
Section 1. GENERAL PROVISIONS
Article 90. Permitted scope of activities of the credit institution
Article 91. Interest rates and fees in business activities of credit institutions
Article 92. Issuance of deposit certificates, promissory notes, treasury bills and bonds by credit institutions
Article 93. Internal regulations
Article 94. Examination and approval of credit granting, inspection of loan use
Article 95. Termination of credit extension, debt settlement, interest rate exemption or reduction
Article 96. Retention of credit records
Article 97. Electronic banking operations
Section 2. OPERATION OF A COMMERCIAL BANK
Article 98. Banking operations of commercial banks
Article 99. Borrowing capital from the State Bank
Article 100. Borrowing from credit institutions, financial institutions
Article 101. Opening an account
Article 102. Organization and participation in payment systems
Article 103. Capital contribution, share purchase
Article 104. Participation in the money market
Article 105. Trading and providing foreign exchange services and derivative products
Article 106. Trust and agency operations
Article 107. Other business activities of commercial banks
Section 3. OPERATION OF FINANCIAL COMPANY
Article 108. Banking operations of finance companies
Article 109. Opening of accounts of finance companies
Article 110. Capital contribution and share purchase in finance companies
Article 111. Other business operations of finance companies
Section 4. OPERATION OF FINANCIAL LEASE COMPANY
Article 112. Banking operations of financial leasing companies
Article 113. Financial leasing activities
Article 114. Opening an account of a financial leasing company
Article 115. Capital contribution and share purchase by financial leasing companies
Article 116. Other operations of the financial leasing company
Section 5. OPERATION OF CREDIT INSTITUTION IS COMMUNITY COOPERATION
Article 117. Operations of cooperative banks
Article 118. Operations of people's credit funds
Section 6. OPERATION OF MICROFINANCE INSTITUTION
Article 119. Capital mobilization by microfinance institutions
Article 120. Credit extension by microfinance institutions
Article 121. Opening an account of a microfinance institution
Article 122. Other operations of microfinance institutions
Section 7. OPERATION OF A BRANCH OF FOREIGN BANK IN VIETNAM
Article 123. Contents of operations of foreign bank branches
Chapter V
REPRESENTATIVE OFFICE OF FOREIGN CREDIT INSTITUTIONS, OTHER FOREIGN ORGANIZATION WITH BANKING ACTIVITIES
Article 124. Establishment of Representative Office
Article 125. Activities of representative offices
Chapter VI
LIMITATIONS TO ENSURING SAFETY IN THE OPERATION OF CREDIT INSTITUTIONS
Article 126. Cases where credit is not granted
Article 127. Credit extension restrictions
Article 128. Credit extension limits
Article 129. Limits on capital contribution and share purchase
Article 130. Safety assurance ratio
Article 130a. Apply early intervention for credit institutions, foreign bank branches
Article 131. Risk provisions
Article 132. Real estate business
Article 133. Requirements for ensuring safety in electronic banking operations
Article 134. Rights and obligations of the controlling company
Article 135. Capital contribution, share purchase between subsidiaries, affiliated companies, controlling companies
Chapter VII
FINANCE, ACCOUNTING, REPORTING
Article 136. Financial regime
Article 137. Fiscal year
Article 138. Accounting and accounting
Article 139. Reserve fund
Article 140. Purchase and investment in fixed assets
Article 141. Reporting
Article 142. Report of the controlling company
Article 143. Publicity of Financial Statements
Article 144. Remittance of profits and transfer of assets abroad
Chapter VIII
SPECIAL CONTROLLERS, RESTRICTIONS, BANKRUPTCY, DISSOLUTION, LIQUIDATION OF CREDIT INSTITUTIONS
Section 1. SPECIAL CONTROLS
Article 145. Cases where credit institutions are placed under special control
Article 145a. Decide to put the credit institution under special control
Article 145b. Termination of special control
Article 146. The authority to decide on the restructuring of a credit institution is under special control
Article 146a. The duties and powers of the State Bank over credit institutions are under special control
Article 146b. Duties and powers of the Special Control Board
Article 146c. Responsibilities of credit institutions with special control, owners, capital contributors, shareholders, Board of Directors, Members' Council, Control Board, General Director (Director) of credit institutions use is under special control
Article 146d. Special loan
Article 146đ. Governance, administration and operations of the credit institution are under special control
Section 1a. ASSESSMENT OF STATUS AND DECISION ON POLICY ON RESTRUCTURING CREDIT INSTITUTIONS UNDER SPECIAL CONTROLS
Article 147. Overall assessment of the status of the credit institution under special control
Article 147a. Proposing and deciding the policy of restructuring credit institutions under special control
Section 1b. THE METHOD OF RECOVERING A CREDIT INSTITUTION ARE SPECIAL CONTROLLED
Article 148. Development and approval of restoration plan
Article 148a. Content recovery plan
Article 148b. Measures to support the implementation of the recovery plan
Article 148c. Organize the implementation of the recovery plan
Article 148d. Conditions for supporting credit institutions
Article 148đ. Rights and obligations of the supporting credit institution
Section 1c. METHOD OF MERGING, CONSOLIDATION, TRANSFER OF ALL SHARES, CONTRIBUTIONS OF CREDIT INSTITUTIONS UNDER SPECIAL CONTROL
Article 149. Merging, consolidating, and transferring all shares and capital contributions of the credit institution under special control
Article 149a. Develop and approve plans for merger, consolidation and transfer of all shares and capital contributions
Article 149b. Content of plan for merger, consolidation and transfer of all shares and capital contributions
Article 149c. Measures to support implementation of plans for merger, consolidation and transfer of all shares and capital contributions
Article 149d. Organize the implementation of the plan for merger, consolidation and transfer of all shares and capital contributions
Section 1d. THE DISSOLUTION METHOD OF A CREDIT INSTITUTION IS SPECIAL CONTROLLED
Article 150. Dissolution of a credit institution under special control
Article 150a. Organization of dissolution implementation
Section 1đ. METHOD OF COMPULSORY TRANSFER OF A COMMERCIAL BANK SPECIAL CONTROLLED
Article 151. Mandatory transfer of commercial banks under special control
Article 151a. Develop and approve the transfer scheme forcing the special controlled commercial bank
Article 151b. Required content transfer plan
Article 151c. Measures to support the implementation of the compulsory transfer plan
Article 151d. Implementing the compulsory transfer plan
Article 151đ. Conditions for the transferee
Article 151e. Rights of the transferee
Article 151g. Handling of shares, contributed capital in excess of the prescribed limit and handling legal entities for commercial banks under special control after compulsory transfer
Section 1e. THE BANKING METHOD OF CREDIT INSTITUTIONS ARE SPECIAL CONTROLLED
Article 152. Bankruptcy of credit institutions is under special control
Article 152a. Formulate and approve bankruptcy plans
Article 152b. Content bankruptcy plan
Article 152c. Organize the implementation of the bankruptcy plan
Section 2.RGANIZATION, DISSOLUTION, BANKRUPTCY, LIQUIDATION, DEFORMATION OF CAPITAL, ASSETS
Article 153. Reorganization of credit institutions
Article 154. Dissolution of credit institutions, foreign bank branches
Article 155. Bankruptcy of a credit institution
Article 156. Liquidation of credit institutions, foreign bank branches
Article 157. Blockade of capital and assets of foreign bank branches
Chapter IX
STATE MANAGEMENT AGENCY
Article 158. State management agency
Article 159. Competence to examine, inspect and supervise
Article 160. Rights and obligations of subjects of inspection and supervision
Chapter X
TERMS ENFORCEMENT
Article 161. Transition Provisions
Article 162. Entry into force
Article 163. Detailed provisions and implementation guidance