Vietnam: The Bank Inspectorate is the agency receiving decisions on requisitioning expert examinations

The Bank Inspectorate is the agency receiving decisions on requisitioning expert examinations (Illustration)

According to Article 11 of Circular 14/2020/TT-NHNN, the Banking Inspection and Supervision Agency is designated as the central unit to receive decisions on requisitioning expert examinations, requisitioning additional expert examinations or repeated expert examinations from the appraisal requester of the State Bank; advise and submit to the Governor of the State Bank the implementation of judicial expertise as required by the appraisal requester.

In addition, within a maximum of 03 working days from the date of receipt of the appraisal requisition decision, supplementary appraisal requisition decision, re-appraisal requisition decision from the appraisal requester accompanied by a dossier, appraisal subject, information, documents, objects, samples (if any), the Banking Inspection and Supervision Agency is responsible for:

• Making a record of handover, receiving, unsealing the dossier, appraisal subject, information, documents, objects, samples (if any), according to the provisions of Article 13 of this Circular;
• Checking and reviewing the content of the appraisal requisition with the scope of judicial appraisal in the field of money and banking as stipulated in Article 3 of this Circular;
• Reviewing the dossier, appraisal subject, information, documents, objects, samples received (if any) compared to the dossier, appraisal subject, information, documents, objects, samples recorded in the appraisal requisition decision and the form of the dossier, appraisal subject, information, documents, objects, samples as per the archival regulations;
• Submitting to the Governor of the State Bank a document: rejecting the appraisal if the requested content is not within the scope of judicial appraisal as stipulated in Article 3 of this Circular or does not meet the necessary conditions for implementation of the appraisal as per point b, clause 1, Article 24 of the Law on Judicial Appraisal; assigning a unit under the State Bank (excluding the State Bank's branches in provinces and centrally-run cities) to carry out the appraisal according to the first-time, supplementary, or re-appraisal requisition decision; establishing an Appraisal Council to carry out the second-time re-appraisal according to the appraisal requisition decision from the appraisal requester;
• Assigning the State Bank's branches in provinces and centrally-run cities to carry out the appraisal according to the first-time, supplementary, or re-appraisal requisition decision.

Note: The units under the State Bank that are assigned judicial appraisal duties directly receive the supplementary appraisal requisition decision, re-appraisal requisition decision from the appraisal requester, and within 02 working days from the date of receipt, are responsible for sending the decision to the Banking Inspection and Supervision Agency for advising and submitting to the Governor of the State Bank for handling as stipulated in clause 2 of this Article.

Details can be found in Circular 14/2020/TT-NHNN, effective from 01/01/2021.

Le Vy

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