What are included in the application for approval of the approval of recommended personnel list in Vietnam under Circular 28/2024/TT-NHNN?
What are included in the application for approval of the approval of recommended personnel list in Vietnam under Circular 28/2024/TT-NHNN?
Based on Clause 1, Article 13 of Circular 28/2024/TT-NHNN, the application for approval of the approval of recommended personnel list in Vietnam includes the following documents:
- A application for approval of the recommended personnel list according to the form in Appendix No. 10 issued together with Circular 28/2024/TT-NHNN;
- A resolution of the Board of Directors approving the recommended personnel list of the credit institution as a cooperative, in which it is committed that the recommended personnel to be elected or appointed meet the standards and conditions as prescribed in the Law on Credit Institutions 2024, relevant legal regulations, and the charter of the credit institution as a cooperative;
- Personal resumes of the recommended personnel to be elected or appointed according to the form in Appendix No. 11 issued together with Circular 28/2024/TT-NHNN;
- Judicial record certificates of the recommended personnel to be elected or appointed, which must contain complete information about criminal records if any (including expunged and non-expunged records); the judicial record certificates must be issued by a competent authority within 06 months before the date the credit institution as a cooperative submits the application dossier for approval of the recommended personnel list.
Recommended personnel may present an electronic judicial record certificate issued via the VNeID electronic identification and authentication application or submit an electronic judicial record certificate;
- A declaration of related persons of the recommended personnel to be elected or appointed according to the form in Appendix No. 12 issued together with Circular 28/2024/TT-NHNN;
- Diplomas and certificates of the recommended personnel to be elected or appointed proving the fulfillment of standards and conditions as prescribed by the State Bank of Vietnam. In case the diplomas or certificates are issued by foreign educational institutions, they must be recognized by a competent authority of Vietnam as per relevant legal regulations;
- An assessment document of the credit institution or foreign bank branch where the recommended personnel have worked or are currently working, according to the form in Appendix No. 13 issued together with Circular 28/2024/TT-NHNN.
What are included in the application for approval of the approval of recommended personnel list in Vietnam under Circular 28/2024/TT-NHNN? (Internet image)
What are the responsibilities of credit institutions that is a cooperative when proposing the recommended personnel list in Vietnam?
Based on point b, clause 1, Article 17 of Circular 28/2024/TT-NHNN, the responsibilities of credit institutions that is a cooperative when proposing the recommended personnel list in Vietnam are as follows:
(1) The Board of Directors of the credit institution as a cooperative is responsible for informing the members about the nomination or recommendation of individuals to hold the positions of Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board as per legal regulations and the charter of the credit institution as a cooperative. The notice must include the following information: the number of members proposed to be elected to the Board of Directors and the Supervisory Board; the standards and conditions to be met for the positions;
(2) Based on the list of nominations or recommendations from the members for the positions stipulated in (1), the Board of Directors evaluates the standards and conditions; formulates and approves the recommended personnel list.
In case the members do not nominate or recommend enough candidates for the positions of Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board or the candidates do not meet the required standards and conditions, the Board of Directors and the Supervisory Board have the right to nominate additional individuals who meet the required standards and conditions for the positions of Chairman and other members of the Board of Directors, Head and other members of the Supervisory Board;
(3) In case the nominated or recommended individuals do not meet the required standards and conditions, the Board of Directors is responsible for informing the reasons to the nominated individuals or the members recommending the personnel.
What are requirements for recommended personnel meeting code of professional ethics in Vietnam?
Based on Clause 2, Article 12 of Circular 28/2024/TT-NHNN, the recommended personnel not belonging to the cases evaluated as not meeting code of professional ethics must satisfy the following regulations:
- The recommended personnel who have worked or are currently working at a credit institution or foreign bank branch must comply with the regulations on codes of conduct and professional ethics standards issued by the credit institution or foreign bank branch according to the regulations of the State Bank of Vietnam on the internal control and internal audit systems of credit institutions and foreign bank branches;
- The recommended personnel must comply with the regulations on codes of conduct and professional ethics standards issued by the credit institution as a cooperative according to the regulations of the State Bank of Vietnam on the internal control and internal audit systems of credit institutions and foreign bank branches.
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