On November 29, 2024, the Governor of the State Bank of Vietnam issued Circular 52/2024/TT-NHNN on commercial banks with shareholders, joint-stock owners, and related parties holding shares exceeding the limit prescribed in Article 55 of the Law on Credit Institutions 2010 (amended in 2017) to follow a roadmap to ensure compliance with the regulations in the Law on Credit Institutions 2024.
The compliance roadmap duration is coordinated by the commercial bank with shareholders and related parties who own shares exceeding the specified percentage according to the compliance roadmap.
The compliance roadmap duration must align with the restructuring proposal/plan of the shareholders and related parties or other decisions/documents approved by the competent authority of the shareholders and related parties (if any).
The compliance roadmap of the commercial bank in Vietnam must include at least the following contents:
- A list of shareholders and related parties currently owning shares exceeding the specified percentage, which includes the following information:
+ For individuals: Full name; personal identification number, date of issue, place of issue, permanent residence, current residence (if different from permanent residence), date of birth for Vietnamese individuals; nationality, passport number, date of issue, place of issue, temporary residence in Vietnam, current residence (if different from temporary residence) for foreign individuals; information on the quantity, percentage of shareholding, capital contribution in charter capital owned by the individual at the commercial bank (including proxy or delegated shares in the name of organizations or other individuals); the name of authorized, delegated organization or individual and the relationship with that individual.
+ For organizations: Name of the organization, enterprise registration certificate number or equivalent legal document, date of issue, place of issue, enterprise code, headquarters address. Information on the quantity, percentage of shareholding in charter capital owned by the organization at the commercial bank (including proxy or delegated shares in the name of organizations or other individuals); the name of authorized, delegated organization or individual and the relationship with that organization.
Information about the capital representative, related person of shareholders, shareholders in the shareholder group and related parties;
- The duration of the compliance roadmap, implementation milestones, and applied measures (shareholders and related parties reduce the percentage of shareholding at the commercial bank or other measures in accordance with relevant laws);
- Content of commitment by the commercial bank to coordinate and urge shareholders and related parties who own shares exceeding the specified percentage to comply with the above-mentioned roadmap.
Refer to more details in the Circular 52/2024/TT-NHNN effective from January 15, 2025.
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