On July 1, 2024, the Governor of the State Bank of Vietnam issued Circular 38/2024/TT-NHNN regulating consultancy activities of credit institutions and foreign bank branches.
Professional ethics standards for credit institution advisors includes:
- Having professional knowledge about the content being advised to customers.
- Being honest, fair, prudent, and upright; not providing false or misleading information regarding the features, characteristics, and benefits of the advised transaction.
- Acting for the benefit of the customer; the advisory content provided should be consistent with the information provided (if any) by the customer regarding their financial situation, knowledge, behavioral capacity, social understanding, goals, and financial needs.
- Ensuring the safety and separation of customers' money and assets at the credit institution offering the consulting service with the advised transaction, except where there is a mutual agreement otherwise.
- Not making decisions on behalf of the customer or influencing the customer to make a decision; not transferring customer information or related consultancy contract information to a third party without the customer's written consent except as required by competent authorities under the law.
- Warning customers about potential risks that may arise when implementing the advised solutions or plans.
Credit institutions offering consulting services must ensure the following principles:
- Complying with legal regulations and being responsible before the law for the consulting activities conducted by their consulting staff and the content of the advice.
- Being responsible for supervising compliance with professional ethics and the execution of consulting activities by their consulting staff.
- Ensuring the independence, honesty, and objectivity of the consulting activities.
- Complying with regulations on customer information confidentiality during the provision of consulting services, except where there is a separate written agreement with the customer or as stipulated by law.
- Credit institutions providing consulting services have autonomy in their consulting activities.
- Conducting consulting activities via electronic means must comply with the legal regulations on electronic transactions.
More details can be found in Circular 38/2024/TT-NHNN of the State Bank of Vietnam effective from July 01, 2024.
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