GENERAL RULES #

Article 1. Scope

1. This Decree prescribes administrative violations, sanctioning forms, sanctioning levels, remedial measures, competence to sanction administrative violations, competence to make records of administrative violations in banking and money sectors.

2. Administrative violations in the monetary and banking sectors include:

a) Violations against regulations on management and use of permits;

b) Violating regulations on organization, administration and administration;

c) Violations against regulations on shares, stocks and capital contributions;

d) Violations against regulations on capital mobilization and service provision fees;

dd) Violations against regulations on credit extension, entrustment, entrustment and interbank activities;

e) Violations against regulations on provision of credit information services;

g) Violations against regulations on foreign exchange activities and gold trading;

h) Violations against regulations on payment, money and treasury management;

i) Violations against regulations on purchase and investment in fixed assets and real estate trading by credit institutions, foreign bank branches;

k) Violating regulations on ensuring operational safety of credit institutions, foreign bank branches;

l) Violations against regulations on deposit insurance;

m) Violating regulations on prevention and combat of money laundering; prevention and combat of terrorist financing;

n) Violating regulations on information and reporting regimes;

o) Violating regulations on obstructing inspection, failing to comply with requests of competent persons;

p) Violations against regulations on buying, selling and handling debts;

q) Violating regulations on information technology safety in banking activities.

Article 2. Subjects sanctioned for administrative violations

1. This Decree applies to organizations and individuals that commit administrative violations in the monetary and banking domains.

2. Organizations specified in Clause 1 of this Article include:

a) Credit institutions; dependent units of credit institutions (branches, transaction offices, representative offices, non-business units in the country; branches, representative offices, banks with 100% capital in foreign countries); foreign bank branches; Representative offices of foreign credit institutions and other foreign organizations engaged in banking activities;

b) Enterprises; dependent units of the enterprise (branches, representative offices);

c) Cooperatives, unions of cooperatives; affiliated units of cooperatives and unions of cooperatives (branches, representative offices);

d) Other organizations established and operating in Vietnam.

Article 3. Sanctioning forms, fine levels, competence to impose fines and remedial measures

1. Main form of sanction:

a) Warning;

b) Fine.

2. Additional sanctioning forms:

a) Deprivation of the right to use the license for a definite term, for: a foreign currency agent registration certificate for a period of between 01 and 03 months; permits for foreign currency receipts and expenditures and other foreign exchange activities, for electronic game business, which are usually reserved for foreigners, casino business, for a period of between 03 and 06 months; license to set up a personal foreign exchange desk for a period from 01 to 06 months; business license to buy and sell gold bars for a period from 06 months to 09 months;

b) Suspending for a definite time: foreign exchange activities for a period of 03 to 06 months, entrustment operations for a period of between 01 and 03 months, and debt purchase and sale activities for a period of 03 to 06 months. monthly, the provision of credit information services within a period of 01 to 03 months, the use of third-party information technology services within a period of 01 to 03 months;

c) Confiscate material evidences and means used for administrative violations, confiscate licenses that have been erased, repaired, confiscate foreign currency, Vietnamese dong, confiscate gold.

3. Fine level and fine competence:

a) The maximum fine for violations in the monetary and banking sectors, for violating organizations, is VND 2.000.000.000 and for violating individuals is VND 1.000.000.000;

b) The fine level specified in Chapter II of this Decree is the fine level applicable to individuals; the fine level for organizations committing the same act of administrative violation is equal to 02 times the fine level for individuals;

c) The fine level for violations committed by individuals who work at people's credit funds or microfinance institutions is equal to 10% of the fine level specified in Chapter II of this Decree; The fine level imposed on people's credit funds, microfinance institutions and their dependent units is equal to 02 times the fine level imposed on individuals who work at people's credit funds, organizations and individuals. Microfinance;

d) The power to impose fines of each title specified in Chapter III of this Decree is the power to impose fines applied to individuals. The power to impose fines applied to organizations is equal to twice the power to impose fines applied to individuals.

4. Remedies:

Depending on the nature and severity of their violations, organizations and individuals that commit administrative violations in the monetary and banking sectors may be subject to one or several of the following remedial measures in accordance with regulations: specifically in Chapter II of this Decree:

a) Forcibly remit into the state budget the illegal profits obtained from committing acts of violation; forced debt recovery; forcible recovery of capital used in contravention of regulations; forcible recovery of the credit balance in excess of the limit or limit;

b) Forcible divestment of capital in a subsidiary or associate company; forcing the sale of shares in excess of the prescribed rate; forcing the transfer of shares or contributed capital; forced to restore the number of shares transferred;

c) Forcible setting up of funds in accordance with the provisions of law; forced to strictly comply with the safety assurance rate within a maximum period of 06 months; forcing classification of assets, setting up provisions for risks; force the reversal of the amount of the provision for risks that have been used improperly, the transfer of the debt already handled by the risk provision for on-balance sheet accounting in accordance with law; forcible immediate cancellation of internal regulations not in accordance with the provisions of law; forced to strictly comply with the provisions of the law on information technology safety in banking activities; forced to maintain sufficient conditions for issuance of certificates of eligibility for credit information service provision;

d) Forcible return/recovery of entrusted assets to the entrusting party; forcible immediate refund of the collected insurance premiums, immediate recovery of the paid insurance sums; forcible restoration of debts to the status quo before the time of debt purchase and sale;

d) Forcible immediate correction of false information; forced to resubmit a complete and accurate report; forcible payment of the missing premium;

e) Forcible stamping or hole punching of counterfeit money;

g) Forcible destruction of all material evidences and means used to commit the violation;

h) Forcing to maintain the ratio of the value of fixed assets directly serving the operation to the charter capital, allocated capital and reserve fund for supplementing charter capital or allocated capital in accordance with regulations;

i) Forced public posting of copies of certificates of participation in deposit insurance; forcible implementation of procedures for approving the listing of shares on a foreign stock market or stopping the listing of shares on a foreign stock market for violations;

k) Prohibit the expansion of the scope, scale and area of operation while the violation has not yet been remedied;

l) Not paying dividends for violations;

m) Not to sign card payment contracts with other card payment organizations;

n) Proposing or requesting competent authorities to consider and apply the following measures: revocation of permits; revoke the certificate of foreign currency agent registration; revoke the license to open and use foreign currency accounts abroad; revoke the license to set up a personal foreign currency exchange desk; revoke the business license to buy and sell gold bars; suspend or dismiss management, executive or control titles; not allow to hold administrative, executive and control positions at credit institutions, foreign bank branches for violators and/or individuals responsible for violations, request credit institutions, foreign bank branches shall dismiss and take other handling measures as prescribed by law against violators within the competence of credit institutions, foreign bank branches;

o) Replace elected or appointed subjects or request competent authorities to issue decisions on dismissal of elected or appointed subjects who violate regulations.

chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND PENALTIES #

Section 1. VIOLATIONS ON MANAGEMENT AND USE OF LICENSES

Article 4. Violations against regulations on licenses granted by the State Bank

1. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for using the organization's name inscribed on documents and papers in the operation against the name of the organization stated in the license.

2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for failing to fully satisfy the conditions prescribed for the conditions for operation opening specified in Clause 2, Article 26 of the Law on Credit Institutions.

3. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Lending, leasing, buying, selling or transferring licenses;

b) Erasing or modifying a license changes the contents of the permit but not to the extent of being examined for penal liability, except for the case specified at Point b, Clause 4, Article 27 of this Decree.

4. A fine of between VND 150.000.000 and VND 200.000.000 shall be imposed on one of the following acts of violation:

a) Fraudulent or forged papers proving eligibility to be granted a license in the application file for a license but not to the extent of being examined for penal liability, except for the case specified in Clause 2, Article 18; , Point a, Clause 4, Article 27 of this Decree;

b) Operating contrary to the contents stated in the license, except for the case specified in Clause 6, Article 17, Point o Clause 4, Point c Clause 8 Article 23, Point c Clause 5, Clause 6 Article 24, Point c Clause 4 Article 27 of this Decree.

5. A fine ranging from VND 300.000.000 to VND 400.000.000 shall be imposed for continuing to operate after the competent authority has applied measures of restriction, suspension or temporary suspension according to the provisions of Point a. c Clause 2, Article 59 of the Law on the State Bank of Vietnam.

6. A fine ranging from VND 400.000.000 to VND 500.000.000 shall be imposed for operating without a license, except for the cases specified at Point c, Clause 8 of Article 23, Clause 8 of Article 24, and Clause 5 of Article 27 of this Decree.

7. Additional sanctioning forms:

Confiscation of material evidences being erased or modified permits, for the acts specified at Point b, Clause 3 of this Article.

8. Remedies:

a) Forcibly remit into the state budget the illegal profits obtained from committing the violations specified in Clauses 3, 4, 5 and 6 of this Article;

b) Request the competent authority to revoke the license for the violations specified in Clauses 4 and 5 of this Article;

c) Proposing or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal from management, executive or control positions; not allow to assume the position of management, administration and control at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 3 of this Article. Clauses 4, 5, 6 and XNUMX of this Article.

Request credit institutions, foreign bank branches to dismiss and take other handling measures as prescribed by law for violators within the competence of credit institutions, foreign bank branches. outside.

Article 5. Violations against regulations on changes that must be approved in writing by the State Bank

1. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for performing the contents of banking operations and operations without the State Bank's written approval.

2. A fine ranging from VND 50.000.000 to VND 100.000.000 shall be imposed for performing one of the following acts without the State Bank's written approval:

a) Changing the name of the credit institution, foreign bank branch;

b) Suspend business operations for 05 working days or more, except for the case of suspension due to force majeure events;

c) Establishing branches and transaction offices in the country; establish representative offices and non-business units in the country; branches, representative offices, banks with 100% capital in foreign countries of credit institutions; opened branches and transaction offices in the country.

3. A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for buying, selling or transferring the owner's contributed capital; purchase, sale and transfer of capital contributions of capital contributors; purchase, sale and transfer of shares of major shareholders; buying, selling and transferring shares leads to major shareholders becoming ordinary shareholders and vice versa without the State Bank's approval in writing.

4. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for changing the level of charter capital or allocated capital without the State Bank's written approval.

5. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for performing one of the following acts without the State Bank's written approval:

a) Change of location of head office, branch of credit institution, location of head office of foreign bank's branch;

b) Listing shares on foreign stock markets.

6. A fine ranging from VND 250.000.000 to VND 300.000.000 shall be imposed for performing one of the following acts without the State Bank's written approval:

a) Establishing and acquiring subsidiaries and affiliated companies according to the provisions of Clauses 2 and 3, Article 103 and Clause 3, Article 110 of the Law on Credit Institutions;

b) Capital contribution, share purchase, transfer of contributed capital, redemption of contributed capital of a credit institution as prescribed in Article 71, Point b, Clause 4, Article 103 of the Law on Credit Institutions;

c) Join the international payment system;

d) Redeem shares of shareholders which, after paying off the redeemed shares, lead to a decrease in charter capital as prescribed in Article 57 of the Law on Credit Institutions.

7. A fine ranging from VND 400.000.000 to VND 500.000.000 shall be imposed on acts of division, separation, consolidation, merger, or transformation of the legal form of a credit institution or foreign bank branch that has not yet been issued with a license. authority to consent in writing.

8. Remedies:

a) Not paying dividends for the violations specified at Point d, Clause 6 of this Article until the charter capital is restored;

b) Forcible divestment of subsidiary companies, affiliated companies, for violations specified at Points a and b, Clause 6 of this Article;

c) Forcing to carry out the procedures for approving the listing of shares on the foreign stock market for a period of from 01 to 03 months, or stopping the listing of shares on the foreign stock market, for acts of violation. specified at Point b, Clause 5 of this Article;

d) Proposing or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal from management, executive and control positions; not allow to hold administrative, executive and controlling positions at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 3 of this Article. Clause 5, Clause 6, Points b and d Clause XNUMX of this Article.

Section 2. VIOLATIONS ON ORGANIZATION, ADMINISTRATION, AND OPERATION

Article 6. Violations against regulations on organization, administration and administration

1. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Violations against regulations on the Board of Directors, Members' Council, Supervisory Board specified in Article 43, Article 44, Article 62, Clause 1, Article 70, Article 81, Article 84 of the Law on Credit Institutions;

b) Failing to maintain adequate conditions and standards for members of the Board of Directors, Supervisory Board, General Director (Director) in accordance with the Law on Credit Institutions;

c) Failing to organize or organize the General Meeting of Shareholders or the General Meeting of Members in contravention of regulations.

2. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for electing or appointing persons who are not allowed to hold the same positions specified in Articles 34 and 3, Article 83 of the Law on Credit Institutions.

3. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Elect and appoint persons who are not allowed to hold positions specified in Clauses 2 and 3, Article 33 of the Law on Credit Institutions;

b) Electing and appointing the titles specified in Clause 5, Article 50 and Clause 2, Article 75 of the Law on Credit Institutions that do not meet the criteria and conditions as prescribed by law.

4. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for electing or appointing positions that do not meet the criteria and conditions specified in Clauses 1, 2, 3 and 4, Article 50 of the Law on Organizations. Credit.

5. A fine of between VND 200.000.000 and VND 250.000.000 shall be imposed on one of the following acts of violation:

a) Elect and appoint those who are not allowed to hold the positions specified in Clause 1, Article 33 of the Law on Credit Institutions;

b) Elect and appoint personnel not on the list of expected personnel approved by the State Bank.

6. Remedies:

Replace elected or appointed subjects or request competent authorities to issue decisions on dismissal of elected or appointed subjects who violate the provisions of Clauses 2, 3, 4 and 5 of this Article.

Article 7. Violations against regulations on promulgation of charters and internal regulations

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failing to send one or a number of internal regulations to the State Bank as prescribed by law, except for the case specified in Article 40 of this Decree;

b) Failing to send to the State Bank the amended and supplemented charter or charter of the credit institution as prescribed in Clause 3, Article 31 of the Law on Credit Institutions;

c) Promulgating internal regulations with incomplete contents as prescribed by law.

2. A fine of between VND 40.000.000 and VND 80.000.000 shall be imposed on one of the following acts of violation:

a) Failing to issue one or a number of internal regulations as prescribed by law;

b) Promulgating internal regulations with contents inconsistent with the provisions of law.

3. Remedies:

Forcible immediate cancellation of internal regulations that are inconsistent with the provisions of law, for violations specified at Point b, Clause 2 of this Article.

Article 8. Violations against regulations on internal control system, independent audit

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to report the results of internal audit, independent audit, or report on the internal control system as prescribed by law.

2. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Failing to select an independent audit organization as prescribed in Clause 1, Article 42 of the Law on Credit Institutions;

b) Failing to notify the State Bank of the selected independent auditing organization within 30 days as prescribed in Clause 2, Article 42 of the Law on Credit Institutions.

3. A fine of between VND 80.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) The internal audit fails to comply with the contents specified in Clause 2, Article 41 of the Law on Credit Institutions and other legal provisions;

b) Failing to conduct independent audit as prescribed in Clause 1, Article 42 of the Law on Credit Institutions and legal regulations, failing to conduct independent audit again in case the audit report contains an exception of the an independent audit organization according to the provisions of Clause 3, Article 42 of the Law on Credit Institutions and the provisions of law;

c) Failing to carry out supervision by senior management, internal control, risk management, and internal assessment of capital adequacy as prescribed by law.

4. A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for failing to establish a full-time internal audit under the Control Board.

5. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for failing to build an internal control system as prescribed in Clauses 1 and 2, Article 40 of the Law on Credit Institutions.

Section 3. VIOLATIONS ON STOCKS, STOCKS, CONTRIBUTED CAPITAL SHARE

Article 9. Violations against regulations on shares, shares and limits on capital contribution, transfer, and return of contributed capital

1. A fine of between VND 50.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Failing to issue shares in the case of shares issued in the form of certificates within 30 days from the date of opening of operation for newly established credit institutions or within 30 days; from the date on which shareholders make full payment for the shares they commit to buy, for credit institutions that increase their charter capital;

b) Founding shareholders do not hold the minimum number of shares in the ratio and time specified in Clause 5, Article 55 of the Law on Credit Institutions;

c) Violation of regulations on capital contribution limit, contributed capital ownership ratio, transfer and return of capital contributions of capital contributors as prescribed by law.

2. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Owning shares in excess of the ratio specified in Clauses 1, 2 and 3, Article 55 of the Law on Credit Institutions;

b) Repurchase shares from shareholders that, after fully paying for the redeemed shares, do not ensure the safety ratios in banking activities as prescribed in Clause 1, Article 130 of the Law on Credit Institutions;

c) Transferring shares not in accordance with Clause 4, Article 56 of the Law on Credit Institutions.

3. Remedies:

a) Forcible sale of shares in excess of the prescribed rate within a maximum period of 06 months from the effective date of the decision on sanctioning of administrative violations, for violations specified at Point a, Clause 2 of this Article;

b) Forcing the correct implementation of the safety ratio within a maximum period of 06 months, for violations specified at Point b, Clause 2 of this Article;

c) Dividends have not been paid for the violations specified in Clause 2 of this Article until the violations are remedied;

d) Proposing or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal of management, executive and control positions; not allow the individual to assume the position of management, administration and control at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 2 of this Article. Clause XNUMX of this Article.

dd) Forcible transfer of shares in accordance with law, for violations specified at Point c, Clause 2 of this Article.

Article 10. Violations against regulations on capital contribution and share purchase

1. A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for using capital sources other than charter capital and reserve funds to contribute capital or purchase shares in contravention of Clause 1, Article 103, Clause 1 of Article 110. XNUMX Law on Credit Institutions.

2. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for conducting business activities specified in Clause 2, Article 103 of the Law on Credit Institutions but failing to establish or acquire subsidiaries or companies. link.

3. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for buying or holding stocks of other credit institutions which do not meet the conditions and exceed the limits prescribed by the State Bank.

4. A fine of between VND 250.000.000 and VND 300.000.000 shall be imposed on one of the following acts of violation:

a) Violations against limits on capital contribution or share purchase specified in Article 129 of the Law on Credit Institutions;

b) Violations against regulations on capital contribution or share purchase specified in Article 135 of the Law on Credit Institutions.

5. Remedies:

a) Forcible recovery of capital used in contravention of regulations, for violations specified in Clause 1 of this Article;

b) Forcible transfer of contributed capital or shares in contravention of regulations, for violations specified in Clause 4 of this Article;

c) Not paying dividends for violations specified in this Article until the violations are remedied;

d) Forcibly remit into the state budget illegal profits obtained from committing violations specified in Clauses 1, 2 and 3 of this Article;

dd) Refusing to expand the scope, scale and area of operation while the violation has not yet been remedied, for the violations specified in this Article;

e) Proposing or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal from management, executive and control positions; not allow the individual to assume the position of management, administration and control at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 1 of this Article. Clauses 2, 3, 4 and XNUMX of this Article.

Article 11. Violations against regulations on share offering and transfer

1. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for transferring shares during the period of holding the position specified in Clause 1, Article 56 of the Law on Credit Institutions.

2. A fine ranging from VND 250.000.000 to VND 300.000.000 shall be imposed for transferring shares during the time of dealing with the consequences according to the resolution of the General Meeting of Shareholders or the decision of the State Bank due to its responsibility. individual members of the Board of Directors, members of the Control Board, the General Director (Director) except for one of the cases specified at Points a, b and c, Clause 2, Article 56 of the Law on Credit Institutions.

3. Remedies:

a) Forcible restoration of the transferred shares specified in this Article within a maximum period of 06 months from the effective date of the decision on sanctioning administrative violations;

b) Requesting or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal from management, executive or control positions; not allow to hold administrative, executive and controlling positions at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause XNUMX of this Article. This.

Section 4. VIOLATIONS ON CAPITAL MOBITION AND SERVICE PROVIDED FEES

Article 12. Violations against regulations on receiving deposits

1. A fine of between VND 20.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Failing to announce or publicly post up the contents that must be announced or publicly post up on deposit receipt and issuance of valuable papers as prescribed by law;

b) Accepting deposits or issuing valuable papers that are inconsistent with the published or publicly posted content;

c) Receiving deposits, paying deposits not in accordance with the procedures prescribed by law.

2. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Receiving deposits or issuing valuable papers to the wrong recipients or buyers of valuable papers as prescribed by law;

b) Accepting deposits or issuing valuable papers in contravention of law, except for the case specified in Clause 1 and Point a, Clause 2 of this Article.

Article 13. Violations against regulations on capital mobilization interest rates, service provision, trading, and derivative product supply charges

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failing to publicly post up capital mobilization interest rates and service provision fees as prescribed;

b) The posting of capital mobilization interest rates and service provision fees is unclear and confusing to customers;

c) Collecting fees for service provision in contravention of the law, except for the case specified at Point a, Clause 4, Article 14, and Point m, Clause 4, Article 23 of this Decree.

2. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for applying higher interest rates for capital mobilization and service provision fees than those listed.

3. A fine ranging from VND 50.000.000 to VND 100.000.000 shall be imposed for violations against regulations on capital mobilization interest rates; trading and providing derivative products on interest rates, currencies, commodity prices and other financial assets, except for the cases specified in Clauses 1 and 2 of this Article and point a, Clause 8, Article 23 of this Decree. .

4. Remedies:

a) Forcing to pay into the state budget illegal profits obtained from committing acts of violating service provision fees specified in this Article;

b) Requesting or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal of management, executive and control positions; not allow to hold administrative, executive and controlling positions at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 3 of this Article. Clause XNUMX of this Article.

Section 5. VIOLATIONS ON REGULATIONS ON CREDIT LIVING, ENROLLMENT, ENTRY AND INTERBANKING ACTIVITIES

Article 14. Violations against regulations on credit extension

1. A fine of between VND 10.000.000 and VND 15.000.000 shall be imposed on one of the following acts of violation:

a) Storing credit extension dossiers in contravention of law;

b) Issuing a guarantee commitment not in the form of a model designed by a credit institution or foreign bank branch;

c) Failing to publicly post information, fail to provide sufficient information and documents to customers as prescribed by law.

2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to inspect and supervise the use of loan capital and debt repayment by customers as prescribed by law.

3. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Making credit extension contracts or agreements with insufficient contents as prescribed by law;

b) Exemption or reduction of interest rates for credit extension before internal regulations have been promulgated; exempting or reducing credit extension interest rates in contravention of internal regulations;

c) Transfer of overdue debt or rescheduling of debt payment in contravention of law;

d) Improperly applying credit extension interest rates as prescribed by law;

dd) Collecting interest on overdue debt in contravention of law;

e) Collecting debts that are overdue for payment in contravention of law.

4. A fine of between VND 30.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Collecting in contravention of law the fees related to credit extension activities;

b) Using disbursing methods in contravention of regulations, except for the case specified at Point g, Clause 4, Article 23 of this Decree.

5. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Granting credit without a written contract or agreement;

b) Granting credit to organizations and individuals that do not satisfy the conditions prescribed by law;

c) Granting unsecured credit, granting credit with preferential conditions to the subjects specified in Clause 1, Article 127 of the Law on Credit Institutions;

d) Violating regulations on credit extension in Clause 3, Article 127 of the Law on Credit Institutions;

dd) Lending to meet capital needs is not permitted under the provisions of law;

e) Signing guarantee grant agreement, guarantee commitment without authority as prescribed by law;

g) Factoring in one or several cases where factoring is not permitted as prescribed by law.

6. A fine of between VND 80.000.000 and VND 120.000.000 shall be imposed on one of the following acts of violation:

a) Violating the credit limit specified in Clauses 2, 4, Article 127, Clauses 1, 2 and 8, Article 128 of the Law on Credit Institutions;

b) Granting credit in other forms without the approval of the State Bank;

c) Violations against regulations on maximum lending levels of credit institutions when providing loans for offshore investment.

7. A fine ranging from VND 120.000.000 to VND 180.000.000 shall be imposed for violations on limits and conditions for granting credit for investment and trading in stocks, limits and conditions for granting credit for investment, trading corporate bonds of credit institutions, foreign bank branches.

8. A fine ranging from VND 250.000.000 to VND 300.000.000 shall be imposed for granting credit to organizations or individuals specified in Clauses 1, 3, 4, 5 and 6, Article 126 of the Law on Credit Institutions. .

9. Remedies:

a) Forcible recovery of the credit extension balance in excess of the limit or limit within a maximum period of 06 months from the effective date of the decision on sanctioning of administrative violations, for the violations specified at Point a. Clauses 6 and 7 of this Article;

b) Forcible debt recovery within a maximum period of 06 months from the effective date of the decision on sanctioning of administrative violations, for the violations specified at Points b, dd, Clause 5, Point b, Clause 6, and 8 This Article;

c) Forcing major shareholders and founding shareholders to transfer shares or contributed capital in accordance with law within a maximum period of 06 months from the effective date of the decision on sanctioning administrative violations, for acts of violation. violations specified at Points b, c, d, Clause 5, Point a, Clause 6 of this Article;

Request credit institutions, foreign bank branches to dismiss and take other handling measures as prescribed by law against violators within the competence, of credit institutions, bank branches foreign.

Article 15. Violations against regulations on entrustment and entrustment

1. A fine of between VND 80.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Receiving entrustment or entrustment to the wrong subjects and scope as prescribed by law;

b) Making an entrustment contract not in accordance with the provisions of law.

2. A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for acts of entrustment or entrustment that do not comply with the principles of entrustment as prescribed by law.

3. Additional sanctioning forms:

Suspension of entrustment operations of credit institutions, foreign bank branches for a period of from 01 month to 03 months for violations specified in this Article.

4. Remedies:

a) Forcible return/recovery of entrusted assets to the entrusting party for violations specified in this Article;

Article 16. Violations against regulations on buying corporate bonds

1. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed for failing to supervise the use of proceeds from bond issuance by enterprises.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for making contracts to buy corporate bonds with insufficient contents as prescribed by law.

3. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for buying corporate bonds without contracts.

4. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Appraise and examine the enterprise's bond issuance plan and conditions to consider and decide to buy corporate bonds when the conditions prescribed by law are not yet fully met;

b) Failing to appraise and examine the enterprise's bond issuance plan and conditions;

c) Violations against regulations on buying convertible corporate bonds;

d) Purchase corporate bonds issued for the purpose of restructuring the enterprise's debts.

5. Remedies:

a) Enforce debt recovery within a maximum period of 01 year from the effective date of the decision on sanctioning of administrative violations, for the violations specified in Clause 4 of this Article;

Article 17. Violations against regulations in interbank activities

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Update and store information on lending and borrowing transactions; buying and selling valuable papers with term in contravention of law;

b) Failing to confirm transaction performance as prescribed;

c) Making contracts for loans or re-purchase of valuable papers that are not in accordance with the form and contents as prescribed by law.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failing to strictly comply with regulations on lending, borrowing, depositing, receiving deposits and buying and selling valuable papers with term;

b) Failing to make payment for lending and borrowing transactions; deposit, receive deposit; buy and sell with term valuable papers in Vietnam dong via the inter-bank electronic payment system in accordance with the law;

c) Failing to strictly follow the process of buying and selling valuable papers as prescribed;

d) Carry out lending, borrowing, depositing and receiving transactions outside the authorized scope.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for lending or borrowing transactions outside the head office of a foreign bank branch in Vietnam.

4. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Failing to strictly comply with regulations on general principles when performing lending and borrowing transactions; purchase and sale with term of valuable papers between credit institutions, foreign bank branches; depositing money at other credit institutions in contravention of law;

b) Failing to review and re-evaluate customers according to regulations to redefine credit limit for each customer;

c) Failing to comply with regulations on providing information to lenders to serve customer assessment and transaction limit determination.

5. A fine ranging from VND 80.000.000 to VND 120.000.000 shall be imposed for the act of buying and selling with a term of valuable papers that are not allowed to be purchased or sold.

6. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for borrowing, lending, buying and selling valuable papers in foreign currency not within the scope of foreign exchange activities authorized by the State Bank. Licensing.

7. Remedies:

Proposing or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal from management, executive or control positions; not allow the individual to assume the position of management, administration and control at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 5 of this Article. Clauses 6 and XNUMX of this Article.

Section 6. VIOLATIONS ON PROVIDED OF CREDIT INFORMATION SERVICES

Article 18. Violations against regulations on principles and conditions for providing credit information services

1. A fine of between VND 20.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Failing to maintain one of the conditions for issuance of the Certificate of eligibility for credit information service provision;

b) Agreements and commitments in the provision of credit information services are not made in the correct form as prescribed by law;

c) Failure to disclose information as prescribed by law.

2. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for fraud or forging documents proving eligibility for issuance of a certificate of eligibility for credit information service provision. in the application file for a certificate but not to the extent of being prosecuted for penal liability.

3. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for providing credit information services without the Certificate of eligibility for credit information service provision issued by the State Bank of Vietnam. provided by Vietnam.

4. Remedies:

a) Forcing to pay into the state budget illegal profits obtained from committing violations specified in Clauses 2 and 3 of this Article;

b) Request the competent authority to revoke the certificate of eligibility for credit information service provision for the violations specified in Clauses 2 and 3 of this Article;

c) Enforced maintenance of all conditions for issuance of the Certificate of eligibility for credit information service provision, for violations specified at Point a, Clause 1 of this Article.

Article 19. Violations against regulations on collection and processing of credit information

1. A fine of between VND 20.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Collecting credit information that is not within the scope as prescribed by law;

b) Collecting credit information of borrowers without the borrower's consent, except for collecting information at the request of a competent state agency;

c) Using negative information about borrowers to create credit information products in contravention of the law;

d) Obstructing the lawful collection of credit information of organizations and individuals.

2. A fine ranging from VND 40.000.000 to VND 80.000.000 shall be imposed for intentionally falsifying credit information content.

3. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for illegally collecting information under the scope and list of secrets of the State.

4. Additional sanctioning forms:

a) Confiscate the means used to commit the violations specified in Clause 3 of this Article;

b) Suspend the provision of credit information services for a period of between 01 and 03 months for the violations specified in Clauses 2 and 3 of this Article.

5. Remedies:

Forcing to immediately correct false information, for violations specified in Clause 2 of this Article.

Article 20. Violations against regulations on safety and retention of credit information

A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for one of the following violations:

1. Failure to comply with regulations and procedures on information technology security and safety in the provision of credit information services;

2. Failing to keep credit information about borrowers for at least 05 years from the date on which the credit information service provider receives it;

3. Failing to review and evaluate internal regulations on an annual basis on the appropriateness and compliance with law provisions.

Article 21. Violations against regulations on exploitation and use of products and services and exchange and provision of credit information

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Providing, copying credit information products to provide third parties in contravention of the law;

b) Not recommending to users the principles and scope of using credit information products.

2. A fine of between VND 20.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Modifying credit information products to provide third parties in contravention of the law;

b) Providing, exchanging credit information, providing credit information products without the consent in the agreement with the borrower, in contravention of the provisions of law;

c) Obstructing organizations and individuals using lawful credit information;

d) Failing to publicly post up the prices for providing credit information products as prescribed by law.

3. Additional sanctioning forms:

Suspend the provision of credit information services for a period of between 01 and 03 months for the violations specified in Clause 2 of this Article.

4. Remedies:

Forcing to pay into the state budget the illegal profits obtained from committing the violations specified at Point a, Clause 1 and Clause 2 of this Article.

Article 22. Violations against regulations on incorrect adjustment of credit information of borrowers

A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for one of the following violations:

1. Failing to respond to a written request for error correction or failing to notify the results of error correction in accordance with law;

2. Failing to correct errors or coordinate to correct errors in credit information of borrowers in accordance with law.

Section 7. VIOLATIONS ON FOREX ACTIVITIES AND GOLD TRADING

Article 23. Violations against regulations on foreign exchange activities

1. A warning shall be imposed for one of the following violations:

a) Buying and selling foreign currencies between individuals with a value of less than US$1.000 (or other foreign currencies of equivalent value);

b) Buying and selling foreign currency at an organization that is not allowed to collect foreign currency for which the foreign currency purchased or sold is valued at less than US$1.000 (or another foreign currency of equivalent value);

c) Paying for goods and services in foreign currency with a value of less than US$1.000 (or another foreign currency of equivalent value) in contravention of law.

2. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Buying and selling foreign currencies between individuals with a value of between US$1.000 and US$10.000 (or other foreign currencies of equivalent value); buying and selling foreign currencies between individuals with a value of less than US$ 1.000 (or other foreign currencies of equivalent value) in case of recidivism or repeated violations;

b) Buying and selling foreign currency at an organization that is not allowed to collect foreign currency in which the foreign currency purchased or sold has a value of between US$1.000 and US$10.000 (or another foreign currency of equivalent value); buying and selling foreign currency at organizations that are not allowed to collect foreign currency for which the foreign currency purchased or sold is valued at less than US$1.000 (or another foreign currency of equivalent value) in case of recidivism or repeated violations;

c) Paying for goods and services in foreign currency valued at less than US$1.000 (or other foreign currency of equivalent value) in contravention of law in case of recidivism or repeated violations; payment for goods and services in foreign currencies with a value of between US$1.000 and US$10.000 (or other foreign currencies of equivalent value) in contravention of law.

3. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failing to post foreign currency buying and selling rates at transaction locations as prescribed by law;

b) Posting the exchange rate for buying and selling foreign currencies but the form and content of the exchange rate listing are not clear, causing confusion for customers;

c) Failing to list or publicly announce the exchange rate between Vietnamese dong, foreign currency and conventional currency in the business of prize-winning electronic games for foreigners and casino business; listing and publicly announcing the exchange rate between the denomination of the conventional currency and the Vietnamese dong, foreign currency in the business of prize-winning electronic games for foreigners, and illegal casino business activities. provisions of law;

d) Failure to comply with the provisions of law on registration and notification with the State Bank branches in provinces and cities of changes related to foreign currency exchange agency activities;

dd) Failing to comply with the provisions of law on notification and procedures for requesting the State Bank's approval in case of changes, additions or termination of contracts related to service provision activities; foreign currency receipt and payment services;

e) Failing to comply with the provisions of law on carrying out procedures for requesting the State Bank to approve the adjustment, modification and supplementation of the license for foreign currency collection and payment and other foreign exchange activities, in case change the name of the business enterprise dealing in prize-winning electronic games for foreigners, the name of the casino business enterprise, the name of the organization opening foreign currency accounts abroad;

g) Failing to comply with the law on administrative procedures for: procedures for accepting foreign currency transfer abroad before investment; the registration and registration of changes to foreign loans and international bond issuance; registration, registration for changes in offshore loans, guarantee debt recovery for non-residents; registration, registration of changes to foreign exchange transactions related to offshore investment activities; register for the program of bonus shares issued abroad; registration of self-employment limit; register for a temporary self-employment limit; registration of trust limit; registration of temporary trust limit and other administrative procedures related to other capital transactions; administrative procedures for other outward portfolio investments;

h) Buying and selling foreign currencies between individuals with a value of between US$10.000 and US$100.000 (or other foreign currencies of equivalent value);

i) Buying and selling foreign currency at an organization that is not allowed to collect foreign currency in which the value of the purchased or sold foreign currency is between US$10.000 and under US$100.000 (or another foreign currency of equivalent value);

k) Paying for goods or services in foreign currency with a value of between US$10.000 and US$100.000 (or other foreign currency of equivalent value) in contravention of law;

l) Buying and selling foreign currency at the rate that is not at the rate prescribed by the State Bank, except for the cases specified at Points dd and m, Clause 4 of this Article; collecting foreign currency transaction fees in contravention of the law.

4. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Sign a foreign currency agency contract with an organization that is not qualified to act as a foreign currency agent; failing to guide and inspect foreign currency exchange agents in accordance with law;

b) Failing to properly perform the responsibilities of a foreign currency exchange agent as prescribed by law; acting as a foreign currency agent at the same time for two or more credit institutions in contravention of law;

c) Paying for negotiable instruments in foreign currency in contravention of regulations on foreign exchange activities specified in Article 9 of the Law on negotiable instruments and relevant regulations of law;

d) Failure to comply with regulations of law on opening, closing, and using an account in Vietnam to perform one of the following activities: Foreign investment in Vietnam; Vietnam's investment abroad; foreign borrowing and debt repayment; foreign lending, foreign debt collection, overseas securities issuance of institutional residents; securities issuance in Vietnam by non-institutional residents and other capital transactions;

dd) Regulations on exchange rates, commissions, brokerage in cash and in kind and other forms of promotional expenditures in the purchase and sale of foreign currencies in any form that leads to exchange rates for buying and selling. actual change in excess of the exchange rate band as prescribed by law;

e) Acting as a foreign currency payment agent for two or more economic organizations at the same time in contravention of law;

g) To withdraw capital and repay foreign loans; disbursement, debt collection for offshore loans; collection of guarantee debts for non-residents; transferring money in service of foreign investment activities into Vietnam, Vietnamese investment abroad in contravention of law provisions;

h) Transferring or bringing foreign currency or Vietnamese dong abroad or into Vietnam in contravention of law, except for administrative violations in the field of customs;

i) Authorizing or re-authorizing economic organizations or credit institutions to act as foreign currency payment agents in contravention of law;

k) Failing to comply with the provisions of law on opening, closing and using specialized foreign currency accounts in the provision of foreign currency receipt and payment services;

l) Failure to properly perform the responsibilities of credit institutions, economic organizations acting as foreign currency payment agents, economic organizations directly receiving, paying and paying foreign currencies in updating accounting books, keeping keep documents in accordance with the provisions of law;

m) Failing to comply with the provisions of law on fee collection and application of payment exchange rates in the provision of foreign currency receipt and payment services;

n) Transactions, quotes, valuations, price recording in contracts, agreements, listing, advertising prices of goods, services, land use rights and other similar forms (including conversion or adjusting the prices of goods or services, the value of contracts or agreements) in foreign currencies in contravention of the provisions of law;

o) Failing to comply with the contents specified in the License to establish an individual foreign currency exchange desk.

5. A fine of between VND 80.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Opening, closing and using foreign currency accounts abroad in contravention of law;

b) Providing payment and money transfer services for transactions related to foreign loans, loans, foreign debt recovery, guarantee for non-residents, foreign investment in Vietnam, Vietnam's investment abroad and other capital transactions are not in accordance with the provisions of law;

c) Converting the denomination of conventional currency against the provisions of law, applicable to enterprises trading in electronic games usually reserved for foreigners, casino enterprises;

d) Failing to comply with the provisions of law on opening, closing and using specialized foreign currency accounts in the business of prize-winning electronic games for foreigners, casino business;

dd) Failing to deposit foreign currency cash in excess of the fund balance into a specialized foreign currency account opened at an authorized bank in case there is a cash foreign currency income from the business of prize-winning electronic games for players. In foreign countries, casino business activities exceed the balance of funds as prescribed by law;

e) Buying and selling foreign currencies between individuals for which the foreign currency purchased or sold has a value of US$100.000 or more (or another foreign currency of equivalent value);

g) Buying and selling foreign currency at an organization that is not allowed to collect foreign currency for which the foreign currency purchased or sold has a value of US$100.000 or more (or another foreign currency of equivalent value);

h) Payment for goods and services in foreign currency valued at US$100.000 or more (or other foreign currency of equivalent value) in contravention of law.

6. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Providing credit or repaying domestic debt in foreign currency in contravention of law, except for the case specified in Article 14 of this Decree;

b) Failing to sell foreign currency earned to credit institutions in accordance with law, except for the case specified at Point b, Clause 5 of this Article.

7. A fine of between VND 150.000.000 and VND 200.000.000 shall be imposed on one of the following acts of violation:

a) Failing to comply with the provisions of the law on foreign borrowing and debt repayment; lending and recovering foreign debts; guarantee for non-residents and other capital transactions, except for the cases specified at Points g, Clause 3, Points d, g, Clause 4 and Point b, Clause 5 of this Article;

b) Performing foreign currency transactions between credit institutions, between credit institutions and customers in contravention of regulations of the State Bank, except for the case specified at Point a, Clause 8 of this Article;

c) Failure to comply with the foreign currency status as prescribed by law.

8. A fine of between VND 200.000.000 and VND 250.000.000 shall be imposed on one of the following acts of violation:

a) Trading and supplying exchange rate and foreign exchange derivative products in contravention of law;

b) Exporting or importing foreign currency in cash or Vietnamese dong in cash in contravention of law;

c) Carrying out foreign exchange operations without a license from a competent authority or the license for foreign exchange operations has expired or been stripped or not conforming to the contents specified in the license, except for the case specified at Points a. d, o Clause 4, Points a, d Clause 5 of this Article.

9. Additional sanctioning forms:

a) Confiscate foreign currency and Vietnamese dong for violations specified in Clause 2, Points h, i, k Clause 3, Point h Clause 4, Points e, g, h Clause 5, Point b Clause 6 of this Article;

b) Deprive the right to use the certificate of foreign currency agent registration for a period of between 01 and 03 months, for the violations specified at Point b, Clause 4 of this Article;

c) Deprive the right to use the license to collect and spend foreign currency and other foreign exchange activities, for the business of prize-winning electronic games for foreigners, and the casino business for a period of between three and six months. for violations specified at Points d, dd, Clause 03 of this Article (for the content of not making adjustments to the license);

d) Deprivation of the right to use the license to set up a personal foreign currency exchange desk for a period of 01 to 06 months, for violations specified at Point o, Clause 4 of this Article;

dd) Suspend foreign exchange operations for a period of 03 to 06 months for credit institutions, foreign bank branches that commit violations specified at Point c, Clause 8 of this Article.

10. Remedies:

Request the competent authority to revoke the certificate of registration of a foreign currency exchange agent, the license to open and use foreign currency accounts abroad, and the license to establish a personal foreign currency exchange desk in case of recidivism against with the violations specified at Point b, Clause 4, Point a, Clause 5 of this Article.

Article 24. Violations against regulations on gold trading

1. A warning shall be imposed for one of the following violations:

a) Buying and selling gold bars with credit institutions or enterprises without a business license to buy and sell gold bars;

b) Use gold as a means of payment.

2. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Buy and sell gold bars with credit institutions or enterprises that do not have a business license to buy and sell gold bars in case of recidivism or repeated violations;

b) Using gold as a means of payment in case of recidivism or repeated violations.

3. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Failing to publicly list the buying and selling prices of gold bars at transaction locations as prescribed by law;

b) Violating the responsibilities of credit institutions or enterprises engaged in the business of buying and selling gold bars when there is a change in the network of branches or locations of gold bars buying and selling in accordance with law.

4. A fine of between VND 80.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Trading in buying and selling gold bars in contravention of law, except for the case specified at Point a, Clause 8 of this Article;

b) Carrying gold when exiting or entering in contravention of the law, except for administrative violations in the field of customs.

5. A fine of between VND 140.000.000 and VND 180.000.000 shall be imposed on one of the following acts of violation:

a) Carrying out the business of buying and selling gold bars through authorized agents;

b) Failure to comply with the law on gold status;

c) Exporting and importing gold jewelry and fine arts; raw gold in the form of powder, solution, solder paste, gold salt, and semi-finished gold jewelry in the form of semi-finished products that do not conform to the registered business contents as prescribed by law.

6. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for using imported raw gold in contravention of the license to import raw gold for the production of gold jewelry and fine art.

7. A fine ranging from VND 250.000.000 to VND 300.000.000 shall be imposed on acts of producing gold bars in contravention of law.

8. A fine of between VND 300.000.000 and VND 400.000.000 shall be imposed on one of the following acts of violation:

a) Trading in buying and selling gold bars without a license to buy and sell gold bars;

b) Export or import raw gold without a license issued by a competent state agency in accordance with law;

c) Other gold trading activities that have not been licensed by competent authorities as prescribed by law.

9. Additional sanctioning forms:

a) Confiscate the gold for violations specified at Points a and c, Clause 8 of this Article;

b) Deprive the right to use the business license to buy and sell gold bars for a period of from 06 months to 09 months for the violations specified at Point a, Clause 5 of this Article.

10. Remedies:

Request the competent agency to revoke the license to trade in gold bars in case of recidivism, for the violations specified at Point a, Clause 5 of this Article.

Section 8. VIOLATIONS ON PAYMENT, CURRENCY AND FUND MANAGEMENT

Article 25. Violations against regulations on interbank payments

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failing to comply with regulations on organization of clearing, clearing and inter-bank payment;

b) Failing to return incorrect payment vouchers within working days, except for force majeure cases;

c) Pay to the recipient's account after the specified time;

d) Sending deposit documents not in accordance with regulations on time.

2. A fine of between VND 20.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Failing to return the immediately rejected Credit Transfer Order; refuse a properly authorized Debt Transfer Order;

b) Assign an unauthorized person to initiate and transmit transactions through the clearing and inter-bank payment system.

3. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Obstructing the operation of the clearing and inter-bank payment system;

b) Disclosing or disclosing unauthorized information related to the interbank payment system.

Article 26. Violations against regulations on payment activities

1. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for improperly correcting or erasing on payment means and payment vouchers but not to the extent of being examined for penal liability.

2. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Receive and handle the investigation and complaints of customers in contravention of the provisions of law;

b) Providing untruthful information in the process of using payment services.

3. A fine of between VND 10.000.000 and VND 15.000.000 shall be imposed on one of the following acts of violation:

a) Failing to comply with the provisions of law on time in payment and money transfer, except for the case of payment between a credit institution and the State Bank;

b) Violation of regulations on notification and posting of payment service fee schedule and card service fee schedule.

4. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Providing untruthful information in the process of providing payment services;

b) Signing payment orders without authorization or using other people's electronic signatures;

c) Opening, using and authorizing the use of payment accounts in contravention of the law during the use of payment services.

5. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Leasing or lending from 01 payment account to less than 10 payment accounts;

b) Forging documents when providing or using payment services but not to the point of being examined for penal liability.

6. A fine of between VND 50.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Opening payment accounts for customers, allowing customers to use payment accounts in contravention of the law in the process of providing payment services;

b) Leasing or lending from 10 payment accounts or more;

c) Forging a means of payment, storing, transferring or using a forged means of payment but not to the extent of being examined for penal liability;

d) Issuing, supplying and using illegal means of payment without being examined for penal liability.

7. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Infiltrating or attempting to infiltrate, steal data, sabotage, illegally change software programs, electronic databases used in payment; taking advantage of computer network system errors for personal gain without being prosecuted for criminal liability;

b) Opening or maintaining anonymous payment accounts, impersonating;

c) Using the payment account to perform transactions for fraudulent or fraudulent purposes.

8. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for violations against regulations on payment in cash.

9. Additional sanctioning forms:

Confiscate exhibits and means used to commit the violations specified in Clause 1, Point b, Clause 5 and Points c and d, Clause 6 of this Article.

10. Remedies:

a) Forcing to pay into the state budget the illegal profits obtained from committing the violations specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article;

b) Prohibit the expansion of the scope, scale and area of operation while the violation has not yet been completely remedied, for the violations specified at Points a, c, d, Clause 6 and Clause 8 of this Article.

Article 27. Violations against regulations on payment intermediaries

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Providing untruthful information in the process of using intermediary payment services, in the process of providing payment intermediary services;

b) Receive and handle the investigation and complaints of customers in contravention of the law;

c) Violating regulations on tools for the State Bank to supervise the provision of e-wallet services.

2. A fine of between VND 15.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Violations against regulations on payment security accounts;

b) Granting credit to customers using e-wallets, paying interest on e-wallet balances or any actions that may increase the monetary value on e-wallets compared to the value of money deposited by customers electronic wallet;

c) Violations against regulations on depositing money into e-wallets, withdrawing money from e-wallets;

d) Failing to fulfill the responsibility to require customers to have a payment account opened at a bank before using e-wallet services.

3. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Providing or disclosing customer information at an intermediary payment service provider in contravention of the law;

b) Rent, rent, borrow, lend e-wallets or buy and sell e-wallet information from 01 e-wallet to less than 10 e-wallets.

4. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Fraudulent or forged documents proving eligibility to be granted a license to provide intermediary payment services in the application file for a license but not to the extent of being prosecuted for penal liability;

b) Forging, erasing, modifying and changing the contents of the license but not to the extent of being examined for penal liability; transfer, lease or lend a license to provide intermediary payment services; entrusting or assigning agents to other organizations and individuals to perform activities permitted under the operation license to provide intermediary payment services;

c) Operating in contravention of the contents specified in the license to provide intermediary payment services;

d) Rent, lease, borrow, lend e-wallets or buy and sell e-wallet information from 10 e-wallets or more;

d) Forging documents when providing intermediary payment services but not to the point of being examined for penal liability.

5. A fine ranging from VND 150.000.000 to VND 250.000.000 shall be imposed for providing intermediary payment services without a license.

6. Additional sanctioning forms:

Confiscate exhibits and means used to commit the acts specified at Points b and dd, Clause 4 of this Article.

7. Remedies:

a) Forcibly remit into the state budget the illegal profits obtained from committing the violations specified in Clause 2, Point b, Clause 3, Clause 4 and Clause 5 of this Article;

b) Request the competent authority to revoke the license for the violations specified at Points a, b and c, Clause 4 of this Article.

Article 28. Violations against regulations on banking card activities

1. A warning shall be imposed for one of the following violations:

a) Failing to inspect, maintain and maintain automatic trading machines;

b) Failing to update information about the installation, change of location, change of operating time, termination of operation of automatic teller machines on the automatic teller machine management system and electronic information page. official member of the payment service provider.

2. A fine of between VND 10.000.000 and VND 15.000.000 shall be imposed on one of the following acts of violation:

a) Failing to notify the installation, change of location, change of operation time, termination of operation of automatic teller machines in accordance with the law;

b) Failing to guarantee the customer service time of the automatic teller machine system as prescribed by law;

c) Failing to maintain the operation of the customer support department for customers to contact at any time;

d) Failing to monitor the level of funds at the automatic teller machine, failing to ensure that the automatic teller machine must have money to meet customers' withdrawal demand as prescribed; failing to meet the limit requirements for a single withdrawal at an automatic teller machine as prescribed by law;

dd) Failing to meet technical requirements on software and transmission lines for automatic teller machines as prescribed by law.

3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to satisfy the transaction log requirements of automatic teller machines as prescribed by law.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to take measures to ensure the safety and security of the automatic teller machine's operation.

5. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Violating the payment currency on the card;

b) Collecting surcharges or discriminating prices when cardholders pay for goods and services by card;

c) Rent, lease, buy, sell cards or card information, open for cards (except for anonymous prepaid cards) with the quantity from 01 card to less than 10 cards;

d) Stealing, colluding to steal card information with the number from 01 card to less than 10 cards.

6. A fine of between VND 50.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Rent, rent, buy, sell cards or card information, open cards for them (except for anonymous prepaid cards) with an amount of 10 cards or more that is not serious enough to be prosecuted for criminal liability;

b) Stealing, colluding to steal card information with the number of 10 cards or more, but not to the extent of being prosecuted for criminal liability;

c) Issuing cards or paying cards in contravention of law;

d) Failing to refuse card payment in cases where the card is used to perform card transactions that are prohibited by law, the card has been reported lost by the cardholder, the card has expired, or the card is locked. .

7. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Using the card to perform transactions for fraudulent or fraudulent purposes;

b) Clearing card transactions in contravention of law;

c) Transfer the device accepting card, QR Code to another party to use; accept card payments without a card payment contract; unauthorized use of card-accepting devices, QR Codes;

d) Performing, organizing the performance or creating conditions for others to perform fraudulent or forged card transactions; payment transactions not at the card acceptor (no sales of goods and provision of services).

8. Additional sanctioning forms:

Confiscate exhibits and means used to commit the acts specified at Point c, Clause 5, Point a, Clause 6, and Points a, c and d, Clause 7 of this Article.

9. Remedies:

a) Forcibly remit into the state budget the illegal profits obtained from committing the violations specified at Points c, dd, Clause 5, and Points a, b, Clause 6 and Clause 7 of this Article;

b) Not to sign card payment contracts with other card payment organizations while the violation has not yet been remedied, for the violation of Point b, Clause 5 of this Article.

Article 29. Violations against regulations on negotiable instruments

1. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for signing the negotiable instrument without authorization.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failure to comply with the provisions of the acceptor's obligations specified in Article 22 of the Law on Transferable Instruments;

b) Requesting collection through collectors in contravention of Clauses 1, 2 and 3, Article 39 of the Law on Transferable Instruments.

3. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) To transfer a negotiable instrument when it is known that this negotiable instrument is past due or has been refused to accept, has been refused payment or has been notified of its loss specified in Clause 4, Article 15 of the Law on Public Publications. negotiable instrument;

b) Draw checks when unable to pay.

4. A fine of between VND 60.000.000 and VND 120.000.000 shall be imposed on one of the following acts of violation:

a) Forging signatures on negotiable instruments;

b) Failure to comply with regulations on printing, delivery and management of blank checks specified in Clauses 2 and 3, Article 64 of the Law on Transferable Instruments.

5. Additional sanctioning forms:

Confiscate material evidences and means used to commit the violations specified in Clause 4 of this Article.

6. Remedies:

Forcing to pay into the state budget the illegal profits obtained from committing the violations specified at Point b, Clause 3 and Clause 4 of this Article.

Article 30. Violations against regulations on money and treasury management

1. A warning shall be imposed for one of the following violations:

a) Failing to publicly post up at the transaction place the regulations on collection and exchange of money that do not meet the requirements for circulation of the State Bank;

b) The grantee loses the sample money; not granting sample money to subjects; not to withdraw samples upon notice of suspension of circulation or upon request;

c) Failing to open or fully record all kinds of books related to safe operation of the vault as prescribed by law.

2. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Refusing to exchange unqualified currency for customers;

b) Failure to comply with regulations on classification, packaging, delivery and receipt of precious metals and gems; packing, sealing, delivery, preservation, transportation, inventory of cash, precious assets and valuable papers, except for the case specified at Point a, Clause 3 and Points b, c, d and dd of Clause 5. XNUMX This.

3. A fine of between VND 10.000.000 and VND 15.000.000 shall be imposed on one of the following acts of violation:

a) Failing to issue or post up the rules for entering and leaving the vault or cash transaction counters; failing to issue internal cash transactions and cash transactions for customers;

b) There is no plan to guard and protect the vault;

c) There are no rules and plans for fire prevention and fighting for the vault;

d) Failing to conduct the selection and classification of unqualified money for circulation.

4. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to install vault safety, fire prevention and fighting equipment in accordance with law.

5. A fine of between VND 20.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Exchanging money in contravention of the law;

b) Failing to preserve cash, precious assets and valuable papers during the lunch break as prescribed by law;

c) Using and storing keys of vault doors, storage spaces, safes, keys of money boxes on special-use vehicles not in accordance with law;

d) Transporting cash, precious assets, valuable papers without using special-use vehicles but without having written regulations on the process of transportation, protection, and measures to ensure the safety of assets of competent authorities. permission;

dd) Failing to prescribe in writing the conditions and procedures for receiving and returning assets to customers, and responsibilities of relevant departments in ensuring asset safety when performing asset management and preservation services. property, locker rental, safe and other treasury services.

6. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Using the vault not in accordance with the structure and technical standards as prescribed by law;

b) Using vault doors not in accordance with technical standards as prescribed by law.

Article 31. Violations against regulations on protection of Vietnamese currency

1. A warning shall be imposed for one of the following violations:

a) Failing to promptly notify the competent authority when detecting new counterfeit money;

b) Failing to promptly notify competent authorities when detecting signs of storing, circulating or transporting counterfeit money;

c) Arrange staff to work as cashiers, cashiers or tellers who have not been trained, trained in skills of recognizing real money and counterfeit money;

d) Failing to hand over counterfeit money as prescribed by law.

2. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Detecting counterfeit money but not seizing it;

b) Detecting counterfeit money but not keeping it;

c) Failing to make a record or seize counterfeit money, without stamping or punching holes in accordance with the State Bank's regulations on handling counterfeit money and suspected counterfeit money when seizing counterfeit money or temporarily seizing counterfeit money.

3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for illegal acts of sabotaging or destroying Vietnamese money.

4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for copying, printing or using the layout, part or all of the images, details and patterns of the Vietnamese currency in contravention of regulations. under the law

5. Additional sanctioning forms:

Confiscate all material evidences and means used to commit the violations specified in Clauses 2, 3 and 4 of this Article and hand them over to competent agencies for handling.

6. Remedies:

a) Forcible stamping and hole punching of counterfeit money in accordance with the State Bank's regulations on handling counterfeit money, suspected counterfeit money, for violations specified at Point c, Clause 2 of this Article;

b) Forcible destruction of all material evidences and means used to commit the violations specified in Clause 4 of this Article;

c) Forcing to pay into the state budget illegal profits obtained from committing acts of violation specified in Clause 4 of this Article.

Section 9. VIOLATIONS ON PURCHASING AND INVESTMENT IN FIXED ASSETS AND REAL ESTATE TRADING OF CREDIT INSTITUTIONS, FOREIGN BANK BRANCHES

Article 32. Violations against regulations on purchase and investment in fixed assets

1. A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for buying or investing in fixed assets directly serving operations exceeding 50% of charter capital and reserve fund for additional capital. charter for credit institutions or more than 50% of the allocated capital and the reserve fund for additional capital allocated to foreign bank branches.

2. Remedies:

a) Forcing to maintain the ratio of the value of fixed assets directly serving the operation to the charter capital, allocated capital and reserve fund for supplementing charter capital or allocated capital in accordance with the provisions of Article 140 of this Law. Credit institutions, for the violations specified in Clause 1 of this Article, within a maximum period of 06 months from the effective date of the decision on sanctioning of administrative violations;

b) Forcing to pay into the state budget the illegal profits obtained from committing the violations specified in Clause 1 of this Article.

Article 33. Violations against regulations on real estate business

1. A fine ranging from VND 200.000.000 to VND 250.000.000 shall be imposed for trading in real estate, except for the cases specified in Clauses 1, 2 and 3, Article 132 of the Law on Credit Institutions.

2. Remedies:

Forcing to pay into the state budget the illegal profits obtained from committing the violations specified in Clause 1 of this Article.

Section 10. VIOLATIONS ON PROVISIONS ON ASSURANCE OF SAFETY OF ACTIVITIES OF CREDIT INSTITUTIONS, FOREIGN BANK BRANCHES

Article 34. Violations against regulations on compulsory reserve maintenance, compulsory purchase of State Bank bills

1. A warning shall be imposed for one of the following violations:

a) Failing to maintain sufficient compulsory reserves as prescribed by law;

b) Failure to comply with regulations on compulsory purchase of State Bank bills.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to maintain sufficient compulsory reserves as prescribed by law in case of recidivism or repeated violations.

3. Remedies:

To propose or request competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal from management, executive or control positions; not allow the individual to assume the position of management, administration and control at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 2 of this Article. Clause XNUMX of this Article.

Article 35. Violations against regulations on safety ratio

1. A fine ranging from VND 200.000.000 to VND 220.000.000 shall be imposed for violations of the law on one of the following safety ratios:

a) The maximum ratio of short-term funds used for medium- and long-term loans;

b) The ratio of outstanding loans to total deposits;

c) Rate of purchase and investment of Government bonds and bonds guaranteed by the Government.

2. A fine ranging from VND 250.000.000 to VND 300.000.000 shall be imposed for violations of the law on solvency ratio.

3. A fine ranging from VND 300.000.000 to VND 350.000.000 shall be imposed for violations of the minimum capital adequacy ratio as prescribed by law.

4. Remedies:

a) Enforce the correct implementation of the prescribed safety ratio within a maximum period of 06 months from the effective date of the decision on sanctioning of administrative violations, for violations specified in Clauses 1 and 2. and 3 of this Article;

b) Prohibit the expansion of the scope, scale and area of operation and the addition of new business operations while the violation has not been completely remedied, for the violations specified in Clauses 1, 2 and 3 of this Article. this;

c) Requesting or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal of management, executive and control positions; not allow to hold administrative, executive and controlling positions at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 2 of this Article. Clauses 3 and XNUMX of this Article.

Article 36. Violations against regulations on classification of assets, off-balance sheet commitments, setting up and use of provisions to handle risks

1. A fine of between VND 150.000.000 and VND 200.000.000 shall be imposed on one of the following acts of violation:

a) Classifying assets and off-balance sheet commitments in contravention of law;

b) Making provision for risks in contravention of the law, except for cases where the setting up of risk provisions is not in accordance with the provisions of law as a consequence of the violation specified at Point a, Clause 1 of this Article;

c) Using provisions to deal with risks in contravention of law;

d) Failing to have adequate and thorough debt recovery measures for debts which have been used as provisions to deal with risks.

2. Remedies:

a) Forcible classification of assets, setting up of provisions for risks; reverse the amount of the provision for risks that have been used improperly, transfer the debt already handled by the provision for risks recorded on the balance sheet according to the provisions of law within a maximum period of 01 month from the date of decision on settlement. effective administrative penalties for violations specified in Clause 1 of this Article;

Article 37. Violations against regulations on setting up and using funds

1. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for setting up or using funds in contravention of law.

2. Remedies:

Forcing the setting up of funds in accordance with the provisions of law within 15 days from the effective date of the decision on sanctioning of administrative violations, for the violations specified in Clause 1 of this Article.

Section 11. VIOLATIONS ON DEPOSIT INSURANCE

Article 38. Violations against regulations on deposit insurance

1. A warning shall be imposed for one of the following violations:

a) Failing to publicly post copies of deposit insurance participation certificates at all transaction points that accept deposits;

b) Incomplete or late payment of deposit insurance premiums as prescribed by law;

c) Violating the deadline for submitting the application for a certificate of deposit insurance participation as prescribed in Clause 1, Article 14 of the Law on Deposit Insurance.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for failure to pay deposit insurance fees as prescribed by law.

3. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for failing to pay insurance premiums to the insured person of the deposit within the time limit specified in Article 23 of the Law on Deposit Insurance.

4. A fine of between VND 60.000.000 and VND 80.000.000 shall be imposed on one of the following acts of violation:

a) Receive insurance for uninsured deposits specified in Article 19 of the Law on Deposit Insurance;

b) Fraudulently, falsifying dossiers, documents and papers on deposit insurance but not to the extent of being examined for penal liability.

5. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Failure to pay or incomplete payment of insurance premiums;

b) Obstructing, causing difficulties or causing damage to the lawful rights and interests of the deposit insurance organization, the deposit insurance participating organization, the deposit insured and related agencies and organizations; in relation to deposit insurance;

c) Abusing positions and powers to violate the law on deposit insurance.

6. Remedies:

a) Forced public posting of copies of deposit insurance participation certificates, for violations specified at Point a, Clause 1 of this Article;

b) Forcing to pay the missing premium amount immediately, for violations specified at Point b, Clause 1 of this Article, and incur a fine for each day of late payment equal to 0,05% of the late payment amount as prescribed in Clause 1 of this Article. 21 Law on Deposit Insurance;

c) Forcing the immediate refund of the collected premiums, immediate recovery of the paid insurance amounts due to the commission of violations specified in Clause 4 of this Article;

d) Proposing or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal from management, executive and control positions; not allow to hold administrative, executive and controlling positions at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 4 of this Article. Point b, Clause 5, and Points a and c, Clause XNUMX of this Article.

Section 12. VIOLATIONS ON THE PREVENTION AND ANTI-MAILING OF MONEY; PREVENTION AND ANTI-SPONSOR OF Terrorism

Article 39. Violations against regulations on identifying and updating customer information

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to update customer identification information as prescribed in Articles 8, Article 10 of the Law on Anti-Money Laundering and the Law on Prevention and Control of Terrorism.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for failing to ensure the confidentiality of information and reporting documents specified in Article 29 of the Law on Prevention and Combat of Money Laundering and the Law on Prevention and Control of Terrorism.

Article 40. Violations against regulations on internal regulations on money laundering prevention and combat

A fine ranging from VND 60.000.000 to VND 100.000.000 shall be imposed for one of the following violations:

1. Failing to promulgate the process of risk management of transactions related to new technology as prescribed in Article 15 of the Law on prevention and combat of money laundering;

2. Failing to develop regulations on classification of customers on the basis of risk as prescribed in Clause 1, Article 12 of the Law on prevention and combat of money laundering;

3. Failing to promulgate internal regulations or promulgating internal regulations lacking one or some of the contents specified in Article 20 of the Law on prevention and combat of money laundering.

Article 41. Violations against regulations on customer identification and classification by risk level

1. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed for failing to apply measures to identify customers, measures to enhance assessment specified in Clauses 2, 3 and 4, Article 12 of the Law on Prevention and Control. Anti-Money Laundering, Article 34 of the Law on Anti-Terrorism.

2. A fine ranging from VND 50.000.000 to VND 100.000.000 shall be imposed for failing to classify customers according to the level of risk of money laundering and terrorist financing as prescribed by law.

Article 42. Violations against regulations on identifying foreign customers as individuals with political influence

A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for failing to have a risk management system to identify foreign customers as individuals with political influence as prescribed in Clauses 2 and 3, Article 13. Law on Anti-Money Laundering.

Article 43. Violations against regulations on internal audit in prevention and combat of money laundering, customer review and correspondent banking transactions and relations

1. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for failing to review customers and related parties according to the warning lists before establishing a relationship or providing banking services to customers. client.

2. A fine of between VND 40.000.000 and VND 80.000.000 shall be imposed on one of the following acts of violation:

a) Failing to apply the measures specified in Article 14 of the Law on Anti-Money Laundering when establishing a correspondent banking relationship with a foreign partner bank;

b) Failing to report to competent state agencies as prescribed by law when customers and related parties are on the warning lists;

c) Failing to conduct internal audit on money laundering prevention and combat as prescribed by law.

Article 44. Violations against regulations on reporting large-value transactions, suspicious transactions, electronic money transfer transactions, reporting money laundering for terrorist financing, reporting terrorist financing

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for failing to report on time according to the provisions of law on prevention and combat of money laundering, prevention and combat of terrorist financing.

2. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Failing to report large value transactions;

b) Failing to report suspicious transactions;

c) Failure to report electronic money transfers.

3. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for failing to report money laundering in order to finance terrorism as prescribed in Article 30 of the Law on prevention and combat of money laundering, failing to report when suspicious customers Customers' goods or transactions related to terrorist financing or customers are blacklisted under the provisions of the Law on Anti-Terrorism.

4. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for non-supervisory acts, especially for transactions of unusually large or complicated value; transactions with organizations and individuals in countries or territories on the list published by the Financial Task Force to combat money laundering or the warning list as prescribed in Article 16 of the Law on Prevention and Combat of Money Laundering, do not regularly check, clarify immediately when there is a suspicion that a customer's transaction is related to terrorist financing.

Article 45. Violations against regulations on transaction delay, account blockade; sealing or impounding property

1. A fine of between VND 40.000.000 and VND 80.000.000 shall be imposed on one of the following acts of violation:

a) Failing to report the transaction delay when the parties involved in the transaction are blacklisted or have reason to believe that the requested transaction is related to the criminal activities specified in Clause 3 of Article 33. XNUMX Law on prevention and combat of money laundering;

b) Failing to report the implementation of account blockade, sealing, and asset seizure upon the decision of a competent state agency specified in Article 34 of the Law on prevention and combat of money laundering;

c) Failing to immediately report the suspension of circulation or freezing of all money and assets related to terrorist financing.

2. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Do not apply measures to delay the transaction when the parties involved in the transaction are on the black list or have reason to believe that the requested transaction is related to the criminal activities specified in Clause 1. Article 33 of the Law on prevention and combat of money laundering;

b) Failing to block accounts, not apply measures of sealing or impounding assets upon decision of competent state agencies specified in Article 34 of Law on prevention and combat of money laundering;

c) Failing to immediately suspend circulation or blockade all money and assets related to terrorist financing.

Article 46. Violations against regulations on prohibited acts in the prevention and combat of money laundering, prevention and combat of terrorist financing

1. A fine ranging from VND 30.000.000 to VND 60.000.000 shall be imposed for obstructing the provision of information in service of the prevention and combat of money laundering, prevention and combat of terrorist financing.

2. A fine of between VND 100.000.000 and VND 150.000.000 shall be imposed on one of the following acts of violation:

a) Establish or maintain an anonymous account or an account using a false name;

b) Illegally providing the service of receiving cash, checks, other monetary instruments or store of value and making payments to beneficiaries at another location.

3. A fine of between VND 200.000.000 and VND 250.000.000 shall be imposed on one of the following acts of violation:

a) Organize or facilitate the conduct of money laundering but not to the extent of criminal prosecution;

b) Establishing and maintaining business relationships with banks that are established in a country or territory but have no tangible presence in that country or territory and are not subject to management and supervision. of the competent management agency;

c) Failing to denounce acts of terrorist financing;

d) Taking advantage of the suspension of circulation, blockade, sealing, custody and handling of money and properties related to terrorist financing to infringe upon the interests of the State, the lawful rights and interests of agencies. , organization, individual.

4. Remedies:

Proposing or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal from management, executive or control positions; not allow the individual to assume the position of management, administration and control at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 2 of this Article. Clauses 3 and XNUMX of this Article.

Section 13. VIOLATIONS ON INFORMATION AND REPORTING MODE

Article 47. Violations against regulations on reporting, management and information provision

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Violating the regulations on time limit and requirements for completeness and accuracy for the second time or more in the fiscal year of statistical reports with a period of less than 01 month;

b) Sending reports not on time as prescribed by law, except for the cases specified at Point a of this Clause, Points a and c, Clause 5 of this Article and Clause 1, Article 44 of this Decree;

c) Failing to keep and preserve dossiers and documents on time as prescribed by law, except for the case specified at Point a, Clause 1, Article 14 of this Decree;

d) Reported data submitted is inaccurate 02 or more times in a fiscal year, except for the case specified at Point b, Clause 5 of this Article.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for failing to submit sufficient reports or reports with insufficient contents as prescribed by law, except for the cases specified in Clauses 2 and 3, Article 44. , Clause 1, Article 45 of this Decree.

3. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failing to register with a competent state agency the changes specified at Point b, Clause 4, Article 29 of the Law on Credit Institutions;

b) Failing to publish changes as prescribed at Points a, b, c and d, Clause 1, Article 29 of the Law on Credit Institutions on the media of the State Bank and a daily newspaper in 03 consecutive issues or electronic newspaper of Vietnam within 07 working days from the date of approval by the State Bank.

4. A fine of between VND 30.000.000 and VND 40.000.000 shall be imposed on one of the following acts of violation:

a) Making untruthful reports;

b) Providing information related to the operation of the State Bank, credit institutions, foreign bank branches, customer information of credit institutions, foreign bank branches in contravention of regulations; provisions of law;

c) Failing to provide information, records and documents as prescribed by law;

d) Leaking or using customer information of credit institutions or foreign bank branches for improper purposes as prescribed by law.

5. A fine of between VND 40.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Send reports on credit information indicators not on time to the State Bank;

b) To report inaccurate, untimely, incomplete or technical credit information criteria to the State Bank;

c) Failing to report credit information to the State Bank in accordance with regulations on credit information activities of the State Bank;

d) Failing to report on statistics of international money transfer transactions in and out as prescribed by law.

6. A fine of between VND 50.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Failing to immediately report to the competent authority the risk of insolvency;

b) Failing to provide information at the request of the State Bank and competent state agencies as prescribed in Clause 4, Article 18 of the Law on prevention and combat of money laundering.

7. Remedies:

a) Forcible sending back complete and accurate reports, for violations specified at Points a, b, d, Clause 1, Clause 2 and Clause 5 of this Article;

b) Prohibit the expansion of the scope, scale and area of operation and the addition of new business operations while the violation has not yet been fully remedied, for the violations specified at Point a, Clause 5, and Point a, Clause 7 of this Article. XNUMX This Article;

c) Requesting or requesting competent authorities to consider and apply the measure of suspension from 01 to 03 months or dismissal of management, executive and control positions; not allow to hold administrative, executive and controlling positions at credit institutions, foreign bank branches for violators and/or individuals responsible for violations specified in Clause 6 of this Article. Point a, Clause XNUMX of this Article.

Section 14. VIOLATIONS OF REGULATIONS ON INSPECTIONS, FAILURES OF AUTHORIZED PERSONS

Article 48. Violations against regulations on obstruction of inspection, failure to comply with requests of competent persons

1. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for obstructing or causing difficulties in inspection and examination by competent persons.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for evading the inspection and examination by competent persons.

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for refusing to provide information, documents and electronic data to the inspection team or a competent person.

4. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failing to provide sufficient documents, vouchers and data at the request of the inspection team;

b) Arbitrarily removing, moving or committing other acts to change the sealing status, including: Warehouses, funds, safes, books, accounting vouchers, credit application dossiers or material evidences being sealed feng shui, custody;

c) Failing to block the account or cancel the blockade of the account at the request of a competent person as prescribed by law.

5. A fine of between VND 30.000.000 and VND 50.000.000 shall be imposed on one of the following acts of violation:

a) Providing untruthful documents and data;

b) Illegally intervening in the handling of the competent authorities and the Banking Inspection and Supervision Department;

c) Concealing, correcting documents, books or changing material evidences while being inspected.

6. A fine of between VND 50.000.000 and VND 100.000.000 shall be imposed on one of the following acts of violation:

a) Transferring capital and assets abroad after being blocked;

b) Failing to deposit capital and assets to the State Bank or credit institutions requested by the State Bank after being blocked;

c) Failing to freeze capital and assets of foreign bank branches at the request of the State Bank.

Article 49. Violations against regulations on obligations of subjects of banking inspection and supervision

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Failing to provide timely, complete and accurate information and documents at the request of the State Bank;

b) Failure to comply with recommendations and warnings on risks and operational safety of the State Bank;

c) Failing to report and explain recommendations and warnings on risks and operational safety of the State Bank.

2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for failing to comply with inspection conclusions, recommendations or handling decisions.

3. Remedies:

Section 15. VIOLATIONS ON PURCHASING, SELLING AND HANDLING OF DEBTS

Article 50. Violations against regulations on debt purchase and sale of credit institutions

1. A fine ranging from VND 50.000.000 to VND 80.000.000 shall be imposed for failing to establish a debt purchase and sale council when buying and selling debt.

2. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed for one of the following violations:

a) Selling debt that has been used to secure other civil obligations, unless the secured party agrees in writing to sell debt;

b) The debt seller repurchases the sold debts, except for the case specified in Article 148d of the Law on Credit Institutions, which was amended and supplemented in 2017.

3. Additional sanctioning forms:

Suspend debt purchase and sale for a period of 03 to 06 months, for violations specified in Clause 1 of this Article.

4. Remedies:

Forcible restoration of debts to the status quo before the time of debt purchase and sale, for violations specified in Clause 2 of this Article.

Article 51. Violations against regulations on buying, selling and handling bad debts of Vietnam Asset Management Company

1. A fine of between VND 5.000.000 and VND 10.000.000 shall be imposed on one of the following acts of violation:

a) Manage purchased bad debts and inspect and supervise security assets related to bad debts in contravention of law;

b) Authorize credit institutions to inspect and supervise the performance of authorized activities in contravention of the provisions of law;

c) Taking measures to restructure debts, provide financial support to borrowers in contravention of law;

d) Contributing capital or buying shares in contravention of law;

dd) Setting up and using provision for bad debts purchased at market value in contravention of law.

2. A fine of between VND 10.000.000 and VND 15.000.000 shall be imposed on one of the following acts of violation:

a) Buying or selling bad debts in contravention of law;

b) Handling the security assets of bad debts purchased in contravention of the provisions of law.

3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for performing activities authorized by the Asset Management Company of a Vietnamese credit institution after selling debts in contravention of regulations of the Bank. law.

Section 16. VIOLATIONS ON SECURITY OF INFORMATION TECHNOLOGY IN BANKING ACTIVITIES

Article 52. Violations against regulations on information technology safety in banking activities

1. A fine of between VND 10.000.000 and VND 20.000.000 shall be imposed on one of the following acts of violation:

a) Failing to assess information technology risks and operational risks before using third-party information technology services in accordance with law;

b) Failing to conduct security assessment of the information system providing online transaction services to customers before it is officially put into operation.

2. A fine of between VND 20.000.000 and VND 30.000.000 shall be imposed on one of the following acts of violation:

a) Failing to disseminate or update the organization's information security regulations to all individuals in the organization at least once a year;

b) Failing to perform or incompletely performing backup backups to ensure data safety as prescribed by law;

c) Failing to deploy network security solutions to control network connections, detect and prevent network intrusion attacks for information systems providing online transaction services to customers;

d) Failing to authenticate customers accessing services when providing banking services on the Internet in accordance with law;

dd) Failing to instruct customers to take measures to ensure information safety and confidentiality when using Internet banking services;

e) Failing to keep logs about the operation of the information system and users, arising errors, and information security incidents as prescribed by law.

3. Additional sanctioning forms:

Suspend the use of third-party information technology services for a period of 01 to 03 months for the violations at Point a, Clause 1 of this Article.

4. Remedies:

Forced compliance with regulations of law on information technology safety in banking activities.

Chapter III

COMMITTEE TO SANCTION ADMINISTRATIVE VIOLATIONS AND AUTHORITY TO WRITE MINUTES OF ADMINISTRATIVE VIOLATIONS #

Article 53. Competence to sanction administrative violations

1. Bank inspectors on official duty have the right to:

a) Caution;

b) A fine of up to 500.000 VND;

c) Confiscate exhibits and means of administrative violations valued at up to VND 500.000.

2. The Chief Inspector and supervisor of the State Bank branch has the right to:

a) Caution;

b) A fine of up to 50.000.000 VND;

c) Confiscate material evidences of administrative violations and means of administrative violations valued at up to VND 50.000.000;

d) Apply additional sanctions and remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

3. The Director of the Banking Inspection and Supervision Department has the right to:

a) Caution;

b) A fine of up to 250.000.000 VND;

c) Confiscate material evidences of administrative violations and means of administrative violations valued at up to VND 250.000.000;

d) Apply additional sanctions and remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

4. Chief Inspectors and supervisors of banks have the right to:

a) Caution;

b) A fine of up to 1.000.000.000 VND;

c) Apply additional sanctions and remedial measures specified in Clauses 2 and 4, Article 3 of this Decree.

5. The head of the inspection team, which is decided by the Governor of the State Bank, the Chief Inspector and supervisor of the bank, has the power to impose penalties as prescribed in Clause 3 of this Article.

The head of the inspection team is authorized by the Director of the State Bank branch in the province or centrally run city, the Director of the Banking Inspection and Supervision Department, the Chief Inspector and the supervisory authority of the State Bank branch. the right to impose penalties as prescribed in Clause 2 of this Article.

Article 54. Competence to sanction administrative violations in the field of currency and banking of other titles

1. The competence to sanction administrative violations, apply additional sanctioning forms and remedial measures of the President of the People's Committee shall comply with the provisions of Article 38 of the Law on Handling of Administrative Violations.

2. The People's Police's competence to sanction administrative violations, apply additional sanctioning forms and remedial measures shall comply with Article 39 of the Law on Handling of Administrative Violations.

3. The border guard's competence to sanction administrative violations, apply additional sanctioning forms and remedial measures shall comply with Article 40 of the Law on Handling of Administrative Violations.

4. The Coast Guard's competence to sanction administrative violations, apply additional sanctions and remedial measures shall comply with Article 41 of the Law on Handling of Administrative Violations.

5. Competence to sanction administrative violations, apply additional sanctioning forms and remedial measures of the Market Manager shall comply with the provisions of Article 45 of the Law on Handling of Administrative Violations.

6. The competence to sanction administrative violations, apply additional sanctioning forms and take remedial measures of the specialized tourism inspectorate shall comply with the provisions of Article 46 of the Law on Handling of Administrative Violations.

7. Customs' competence to sanction administrative violations, apply additional sanctioning forms and remedial measures shall comply with the provisions of Article 42 of the Law on Handling of Administrative Violations.

Article 55. Delimitation of competence to sanction administrative violations in the field of currency and banking

1. Authority to sanction administrative violations of the Presidents of the People's Committees at all levels

a) Chairpersons of commune-level People's Committees shall impose penalties for administrative violations specified in Clause 1, Article 23 and Clause 1, Article 24 of this Decree;

b) District-level People's Committee chairpersons shall impose penalties for administrative violations specified in Clauses 1, 2, Points a, b, c, h, i, k, l, Clause 3, and Points h, o and n Clause 4 Article 23 and Clauses 1, 2, and 3 Article 24 of this Decree;

c) Provincial-level People's Committee presidents shall impose penalties for administrative violations specified in Clauses 1 and 2, Points a, b, c, h, i, k, l, Clause 3, and Points h, o and n clause 4, points c, e, g, h clause 5, point c clause 8 Article 23, clause 1, clause 2, clause 3, clause 4, points a, c clause 5, clause 6, Clause 7, Clause 8, Article 24, Point c, Clause 7, Article 28 of this Decree.

2. Competence to sanction administrative violations of the market management agency

a) Market controllers shall impose penalties for administrative violations specified in Clause 1, Article 23 and Clause 1, Article 24 of this Decree;

b) The leader of the Market Management Team shall impose penalties for administrative violations specified in Clauses 1 and 2, Article 23 and Clauses 1 and 2, Article 24 of this Decree;

c) The Director of the Provincial-level Market Management Department, the Director of the Market Management Operations Department under the General Department of Market Management shall impose penalties for the administrative violations specified in Clauses 1 and 2 of this Article. Points a, b, h, i, k, l Clause 3, Points n, o Clause 4 Article 23 and Clause 1, Clause 2, Point a Clause 3 Article 24 of this Decree;

d) The Director General of the Department of Market Management shall impose penalties for administrative violations specified in Clauses 1 and 2, Points a, b, h, i, k, l, Clause 3, and Point n, o Clause 4, Points e, g, h Clause 5, Point c Clause 8 Article 23, Clause 1, Clause 2, Point a Clause 3, Point a Clause 4, Clause 6, Clause 7, Points a, c Clause 8 Article 24 of this Decree.

3. Competence to sanction administrative violations of the Border Guard

a) Border guard soldiers, station commanders and captains of border guard soldiers shall impose penalties for the administrative violations specified in Clause 1, Article 23 and Clause 1, Article 24 of this Decree;

b) The Commander of the Border Guard Station, the Captain of the Border Guard Squadron, and the Commander of the Commanding Officer of the Border Guard at the port border gate shall impose penalties for the administrative violations specified in Clauses 1 and 2 of Article 23 and Clauses 1 and 2 of this Article. 24, Clause XNUMX, Article XNUMX of this Decree;

c) Commanders of provincial-level border guards, and commanders of Border Guard Squadrons under the Border Guard Command shall impose penalties for administrative violations specified in Clauses 1 and 2, Points h, i, k Clause 3, Point h Clause 4, Points e, g, h Clause 5 Article 23, Clause 1, Clause 2, Clause 4 Article 24 of this Decree.

4. Competence to sanction administrative violations of the Coast Guard

a) The Coast Guard officer, the head of the Coast Guard Operational Team shall impose penalties for the administrative violations specified in Clause 1, Article 23 and Clause 1, Article 24 of this Decree;

b) The captain of the Coast Guard professional team, the head of the Coast Guard station shall impose penalties for the administrative violations specified in Clause 1, Article 23 and Clause 1, Article 24 of this Decree;

c) The captain of the Coast Guard squadron shall sanction the administrative violations specified in Clauses 1 and 2, Article 23 and Clauses 1 and 2, Article 24 of this Decree;

d) The captain of the Coast Guard Squadron shall impose penalties for administrative violations specified in Clauses 1 and 2, Points h, i, k, Clause 3, Article 23, Clauses 1 and 2, Article 24 of Decree No. this provision;

dd) The Commander of the Coast Guard region shall sanction the administrative violations specified in Clauses 1 and 2, Points h, i and k, Clause 3, Article 23, Clauses 1 and 2, Article 24 of this Decree. ;

e) The Commander of the Coast Guard shall impose penalties for the administrative violations specified in Clauses 1 and 2, Points h, i, and k Clause 3, Point h Clause 4, Points e, g, and h Clauses 5. 23 Article 1, Clause 2, Clause 4, Point a, Clause 24, Article XNUMX of this Decree.

5. Persons with sanctioning competence of police agencies to impose penalties for administrative violations specified in Clauses 1 and 2, Points a, b, c, h, i, k, l, Clause 3, Points h, n, o Clause 4, Points c, e, g, h Clause 5, Point c Clause 8, Article 23; Clause 1, Clause 2, Clause 3, Clause 4, Points a and c Clause 5, Clause 6, Clause 7, Clause 8 Article 24; Point b, Clause 2, Clause 5, Clause 6, Clause 7, Article 26; Point a, Clause 1, Clauses 3, 4 and 5, Article 27; Points c, d Clause 5, Clause 6, Clause 7 Article 28; Article 31; Article 46, Article 48 of this Decree.

6. Competence to sanction administrative violations of specialized tourism inspectors

a) Inspectors and persons assigned to perform specialized inspection tasks on official duty shall impose penalties for administrative violations specified in Clause 1, Article 23 of this Decree;

b) Chief Inspector of Departments, Heads of specialized inspection teams at Department level shall impose penalties for administrative violations specified in Clauses 1, 2, and Points a, b, c, h, i, k, l Clause 3, Points b, n, o Clause 4 Article 23 of this Decree;

c) The head of the specialized inspection team at the ministerial level and the Chief Inspector at the ministerial level shall impose penalties for the administrative violations specified in Clauses 1 and 2, Points a, b, c, h, i, k, l Clause 3, Points b, n, o Clause 4, Points e, g, h Clause 5 Article 23 of this Decree.

7. Competence to sanction administrative violations of customs

The Director of the General Department of Customs shall impose penalties for administrative violations specified at Point b, Clause 8, Article 23, Point c, Clause 5, and Point b, Clause 8, Article 24 of this Decree.

8. Authority to sanction administrative violations of the Banking Sector Inspectors and Supervisors

Persons with sanctioning competence of the Banking Inspectorate and supervisors are competent to make records of administrative violations, sanction administrative violations and apply remedial measures to administrative violations. prescribed in Chapter II of this Decree according to their competence and assigned functions, tasks and powers.

Article 56. Competence to make records of administrative violations

The following persons are competent to make records of administrative violations:

1. Persons with sanctioning competence specified in Articles 53 and 54 of this Decree;

2. Persons in the People's Army and People's Public Security Forces in the agencies specified in Article 54 of this Decree who are performing their official duties or tasks according to legal documents or administrative documents issued by their agencies. issuing authority or person; the aircraft commanders, captains, ship captains and persons assigned by the aircraft commanders, captains and ship captains to make records;

3. Civil servants in the banking sector who are performing their duties or tasks assigned in legal documents or administrative documents promulgated by competent agencies or persons.

Chapter IV

TERMS ENFORCEMENT #

Article 57. Enforcement

This Decree takes effect from December 31, 12 and replaces Decree No. 2019/96/ND-CP dated October 2014, 17 of the Government on sanctioning of administrative violations in the monetary and financial sector. Bank.

Article 58. Transitional provisions

1. For acts of administrative violations in currency and banking that occurred before the effective date of this Decree but were discovered later but still within the statute of limitations for sanctioning or are in the process of consideration and settlement. then apply regulations in favor of violating organizations and individuals.

2. For decisions on sanctioning of administrative violations in the monetary and banking sectors that have been issued or have been completely enforced before the effective date of this Decree, individuals or organizations are subject to sanctions. For administrative violations and complaints, the provisions of Decree No. 96/2014/ND-CP dated October 17, 10 of the Government on sanctioning of administrative violations in the monetary and banking sectors shall apply to solve administrative violations. decide.

Article 59. Responsible for implementing

The Governor of the State Bank of Vietnam, the Ministers, the Heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and centrally-run cities are responsible for the implementation of this Decree. ./.

Recipients:
- Party Central Committee Secretariat;
- Prime Minister, Deputy Prime Ministers;
- Ministries, ministerial-level agencies and government-attached agencies;
- People's Councils, People's Committees of provinces and centrally-run cities;
- Central Office and Party Committees;
- Office of the General Secretary;
- Office of the President;
- National Council and Committees of the National Assembly;
- Congress office;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
- State Audit;
- National Financial Supervisory Committee;
- Bank for Social Policy;
- Vietnam Development Bank;
- Vietnam Fatherland Front Central Committee;
- Central agency of unions;
- VPCP: Chairman, Deputy Chairmen, TT Assistant, General Director of the Portal, departments, agencies, units, Official Gazette;
- Save: VT, KTTH (2).

TM. GOVERMENT
PRIME MINISTER

Nguyen Xuan Phuc

Where issued:	Goverment	Effective date:	31/12/2019
Date issued:	14/11/2019	Status:	Still validated

GOVERMENT	SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness
Number: 88 / 2019 / ND-CP	Hanoi, date 14 month 11 year 2019

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Decree 88/2019/ND-CP on sanctioning of administrative violations in the field of currency and banking

GENERAL RULES #

ADMINISTRATIVE VIOLATIONS, PENALTIES AND PENALTIES #

COMMITTEE TO SANCTION ADMINISTRATIVE VIOLATIONS AND AUTHORITY TO WRITE MINUTES OF ADMINISTRATIVE VIOLATIONS #

TERMS ENFORCEMENT #

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GENERAL RULES #

ADMINISTRATIVE VIOLATIONS, PENALTIES AND PENALTIES #

COMMITTEE TO SANCTION ADMINISTRATIVE VIOLATIONS AND AUTHORITY TO WRITE MINUTES OF ADMINISTRATIVE VIOLATIONS #

TERMS ENFORCEMENT #

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