AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 08/2022/TT-NHNN ON  BANKING SUPERVISION PROCEDURES

1. Clause 2 shall be amended as follows:

“2. “micro-prudential supervision" means a prudential supervision form applicable to each entity safely supervised at the micro level.”

2. Point b clause 4 shall be amended as follows:

“b) Entities subject to macro-prudential supervision are credit institutions and foreign bank branches (except for policy banks).”.

3. Clause 5 shall be amended as follows:

“5. Micro-prudential supervision unit” means Credit Institution Management and Supervision Department or regional branch of State Bank of Vietnam assigned to exercise the micro-prudential supervision according to the Decision of the Governor of the State Bank of Vietnam (hereinafter referred to as “SBV”).”.

4. Clause 6 shall be amended as follows:

“6. “Macro-prudential supervision unit” means Department of System Safety Supervision of Credit Institutions assigned to exercise the macro-prudential supervision according to the Decision of the SBV’s Governor.”.

5. Point a clause 9 shall be amended as follows:

“a) Inspection conclusion, audit conclusion, examination results and decisions on handling of inspection-related violations (hereinafter referred to as “inspection-related decisions”) (except for inspection conclusion, examination results and inspection-related decisions within the jurisdiction of inspection authorities affiliated to SBV and SBV’s branches);”.

6. Clause 12 shall be amended as follows:

“12. “Systemic risk” means the possibility of losses, spreading from the interruption to operations or collapse of one or some credit institutions or foreign bank branches to a system of credit institutions or foreign bank branches, thereby interrupting operations of credit institutions or foreign bank branches in the system.”.

7. Clause 15 shall be amended as follows:

“15. “Commercial bank of systematic importance” means a commercial bank that may cause negative effects on the entire system of credit institutions or foreign bank branches and/or systemic risks that interrupt operations of the system of credit institutions and foreign banks branches and entire economy in case of insolvency or bankruptcy.”.

8. Clause 17 shall be amended as follows:

“17. Micro-prudential/macro-prudential supervision manual” means a specific guidance document on micro-prudential/macro-prudential supervision operations issued by SBV, including the following contents:

a) Collection, consolidation and processing of documents, information and data;

b) Banking supervision guidance;

c) Measures for handling violations against regulations on banking supervision;

d) Banking supervision dossier;

dd) Banking supervision report.”.

9. Clause 18 is annulled.

“1. Rules specified in Article 51 of the Law No. 46/2010/QH12.”.

1. Point l clause 1 Article 7 shall be amended as follows:

“l) Documents, information and data provided by units affiliated to the SBV and other sources (if any).

2. Clause 2 Article 7 shall be amended as follows:

“2. Micro-prudential supervision units shall collect documents, information and data from the sources prescribed in points a, b, c, d, dd, e and g clause 1 of this Article via the electronic statistical reporting system of SBV, the remote supervision system and other information systems as prescribed by the Governor of SBV.”.

3. Clause 4 Article 7 shall be amended as follows:

“4. Based on requests for banking supervision, micro-prudential supervision units shall request entities subject to banking supervision to provide documents, information and data other than those prescribed in clause 1 of this Article.”.

1. Points a, b and c clause 1 shall be amended as follows:

“a) Supervision of compliance with statistical reporting regimes, information reporting regimes according to regulations of the Law No. 46/2010/QH12, the Law No. 32/2024/QH15 and relevant guiding documents within the scope of jurisdiction and responsibilities of the micro-prudential supervision unit;

b) Supervision of compliance with prudential ratios and limits in the operation of credit institutions and foreign bank branches as prescribed in Articles 134, 135, 136, 137 and 138 of the Law No. 32/2024/QH15; classification of existing assets, making and use of provisions for management of risks to operation of credit institutions and foreign bank branches;

c) Supervision of compliance with regulations on satisfaction of conditions and standards applied to managers and executives prescribed in Article 41 and clause 3 Article 98 of the Law No. 32/2024/QH15; and compliance with regulations on organizational structure, administration, management and control by entities subject to supervision as prescribed in Chapter IV of the Law No. 32/2024/QH15;”.

2. Point dd clause 1 shall be amended as follows:

“dd) Review of internal regulations promulgated by entities subject to the micro-prudential supervision according to regulations in Article 101 and clause 7 Article 198a of the Law No. 32/2024/QH15 amended by the Law No. 96/2025/QH15: Annually, the micro-prudential supervision unit shall choose certain internal regulations for review.”.

3. Clause 2 shall be amended as follows:

“2. The micro-prudential supervision unit shall supervise compliance with directions and requests given by state competent authorities to entities subject to the micro-prudential supervision (if any) within their assigned functions and duties.

4. The first paragraph of clause 3 shall be amended as follows:

“3. The micro-prudential supervision unit shall exercise risk supervision by analysis and consideration of risks of entities subject to banking supervision regarding one or some or all of the following contents:

5. Point a clause 3 shall be amended as follows:

 "a) Analysis and consideration of key changes and unusual fluctuations via the use of change thresholds of items including assets, debts payable, equities, revenues and accrued interests, costs, business results, prudential ratios and limits. Director of Credit Institution Management and Supervision Department shall decide change thresholds of the above-mentioned items.

6. Point b(i) and point b (ii) clause 3 shall be amended as follows:

“(i) changes in managers and executives as prescribed in Article 41 and Article 98 of the Law on No. 32/2024/QH15 of entities subject to micro-prudential supervision;

(ii) Changes in shareholders, share/stock ownership of managers, executives, major shareholders and related persons of these individuals and organizations (including investment in the form of capital contribution or share purchase with the aim of controlling a credit institution being a joint-stock company);”.

7. Clause 3a and clause 3b shall be added after clause 3 as follows:

 “3a. From time to time, if necessary, the Credit Institution Management and Supervision Department shall request the Governor of SBV to issue risk analysis methods and organize exercise of risk supervision.

3b. Regarding each commercial bank of systematic importance, from time to time, the micro-prudential supervision unit shall decide risk supervision contents on the basis of the contents specified in clause 3 of this Article in conformity with the influence of this supervised entity and resources of the micro-prudential supervision unit.”.

1. The first paragraph of clause 1 shall be amended as follows:

“1. Based on the operational situation of the entity subject to micro-prudential supervision, the micro-prudential supervision unit shall decide (in case the micro-prudential supervision unit is SBV’s branch) to consider requesting the Governor of SBV to decide (in case the micro-prudential supervision unit is the Credit Institution Management and Supervision Department) to enhance supervision of the entity subject to micro-prudential supervision in one of the following cases:”.

2. Point b clause 1 shall be amended as follows:

“b) Early intervention in the entity subject to micro-prudential supervision is made as per law and this Circular;”.

3. The first paragraph of clause 2 shall be amended as follows:

“2. Based on the operational situation of the entity subject to micro-prudential supervision, the micro-prudential supervision unit shall decide (in case the micro-prudential supervision unit is SBV’s branch) to consider requesting the Governor of SBV to decide (in case the micro-prudential supervision unit is the Credit Institution Management and Supervision Department) to enhance supervision (except for the case specified in clause 3 of this Article), including:".

4. Clause 3 and clause 4 shall be added after clause 2 as follows:

“3. In case the entity subject to micro-prudential supervision implements the remedial plan specified in clause 1 Article 160 of the Law No. 32/2024/QH15, the entity subject to micro-prudential supervision shall exercise supervision according to regulations in clause 3 Article 160 of the Law No. 32/2024/QH15.

4. The cessation of enhanced supervision is prescribed as follows

a) In case of enhanced supervision as specified in point a and point b clause 1 of this Article, the micro-prudential supervision unit shall decide (in case the micro-prudential supervision unit is SBV’s branch) to consider requesting the Governor of SBV to decide (in case the micro-prudential supervision unit is the Credit Institution Management and Supervision Department) to cease enhancing the supervision when the entity subject to micro-prudential supervision no longer falls under the cases; or

b) In case of enhanced supervision as specified in point c clause 1 of this Article, the cessation of enhanced supervision shall follow the state competent authority’s direction.”.

“3.  Rules for preparation and approval of periodic reports on micro-prudential supervision:

a) A report on micro-prudential supervision for the first 6 month of a year must be completed before August 31 of the year. Annual reports on micro-prudential supervision must be completed before April 30 of the next year;

Regarding a credit institution or foreign bank branch subject to enhanced supervision, in addition to the report on micro-prudential supervision for the first 6 month of a year and annual reports on micro-prudential supervision, the micro-prudential supervision unit shall prepare a report on micro-prudential supervision for Quarter I by May 15 of the year and a report on micro-prudential supervision for Quarter III by November 15 of the year;

b) The report on micro-prudential supervision shall be prepared according to the form prescribed in the micro-prudential supervision manual;

c)  Periodic reports on micro-prudential supervision shall be approved as follows:

(i)  Periodic reports on micro-prudential supervision shall be approved by the leader of the micro-prudential supervision unit;

(ii) In case the report on micro-prudential supervision contains proposals for handling measures to a competent authority as per law, it must be submitted to the competent authority for consideration and decision.”.

“2. In case of early intervention in the entity subject to banking supervision, the micro-prudential supervision dossier needs to include additional remedial plans, documents and requests from SBV for early intervention in credit institutions and foreign bank branches specified in Chapter IX of the Law No. 32/2024/QH15.”.

1. The phrase “Chánh Thanh tra, giám sát ngân hàng” (Chief Inspector of Banking Supervision Agency) shall be replaced by the phrase “Cục trưởng Cục An toàn hệ thống các tổ chức tín dụng” (Director of Department of System Safety Supervision of Credit Institutions) in clause 1.

2. The phrase “, nhóm” (, group) in point b clause 3 shall be annulled.

3. Clause 5 and clause 6 shall be annulled.

1. Point a clause 1 shall be amended as follows:

“a) Prepare an ad hoc or periodic report on macro-prudential supervision as prescribed in clauses 2 and 3 of this Article according to the form specified in the micro-prudential supervision manual;”.

2. The first paragraph of clause 2 shall be amended as follows:

“2.  Rules for preparation of ad hoc reports on macro-prudential supervision:”.

3. The phrase “, nhóm” (, group) in point a clause 2 shall be annulled.

4. Clause 3 shall be amended as follows:

“3.  Rules for preparation of periodic reports on macro-prudential supervision:

a) A report on macro-prudential supervision for the first 6 month of a year must be completed before August 31 of the year. Annual reports on macro-prudential supervision must be completed before April 15 of the next year;

b) The periodic report on macro-prudential supervision shall be approved according to the following rules:

(i)  The report on macro-prudential supervision shall be approved by the leader of the macro-prudential supervision unit;

(ii) In case the report on macro-prudential supervision contains proposals for handling measures to a competent authority as per law, it must be submitted to the competent authority for consideration and decision.”.

“1. When detecting inadequate, failed or inappropriate documents, information and data at the request of a micro-prudential supervisor or issues related to the inadequate compliance with regulations of laws, directions and requests given by the state competent authority or risks of the entity subject to banking supervision, the banking supervision unit shall request the entity subject to banking supervision to explain.”.

“1. When documents, information and data that are inadequate, failed, inappropriate or necessary to be clarified are detected at the request of the micro-prudential supervisor or issues related to the inadequate compliance with regulations of laws, directions and requests given by the state competent authority or risks of the entity subject to banking supervision are discovered, the banking supervision unit shall decide the establishment of a working team and contents of the contact with the entity subject to banking supervision.".

"Article 21. Measures for handling violations against regulations on banking supervision

1. Based on results of the banking supervision, the micro-prudential supervision unit shall consider implementing one or some measures for handling violations against regulations on micro-prudential supervision as follows:

a) Provide warnings and recommendations for the entity subject to banking supervision;

b) Request the entity subject to banking supervision to send a report at the request of the micro-prudential supervision unit;

c) Implement handling measures specified in clause 1 Article 59 of the Law No. 46/2010/QH12; such measures must be implemented according to relevant laws;

d) Request the Governor of SBV or the Director of the SBV’s Branch under its jurisdiction to implement handling measures in accordance with clause 12 Article 4 and clause 2 Article 59 of the Law No. 46/2010/QH12, clause 1 Article 47 of the Law No. 32/2024/QH15;

dd) Depending on the indicators of safety, soundness and violation against laws committed by the entity subject to banking supervision, send a request to the Governor of SBV or the Director of the SBV’s Branch under its jurisdiction;

(i) Apply the enhanced supervision to the entity subject to banking supervision;

(ii) Request the inspection of the entity subject to banking supervision when detecting signs of violations against laws, signs of risks to operation;

(iii) Make early intervention and special control, and apply requirements and measures in early intervention and special control to the entity subject to banking supervision according to the Law No. 32/2024/QH15 and relevant laws;

(iv) Decide to establish a supervision team to monitor and supervise the entity subject to banking supervision;

(v) Apply measures to control potentially risky transactions conducted by the entity subject to banking supervision according to regulations of law;

(vi) Amend or replace legislative documents on monetary and banking (if any);

e) Apply other handling measures as per law.

2. Based on results of the banking supervision, the macro-prudential supervision unit shall consider implementing one or some measures for handling violations against regulations on macro-prudential supervision as follows:

a) Provide warnings and recommendations for the entity subject to banking supervision;

b) Request the Governor of SBV to amend or replace legislative documents on monetary and banking (if any);

c) Request the micro-prudential supervision unit to apply handling measures as specified in clause 1 of this Article;

d) Apply other handling measures as per law.”.

1. Clause 1 shall be amended as follows:

“1. Based on results of the supervision, the banking supervision unit shall decide to consider approving recommendations and warnings for the entity subject to banking supervision.”.

2. Point b clause 2 shall be amended as follows:

“b) Upon assessing and analyzing qualitative information showing potential risks and risks of legal violation committed by the entity subject to banking supervision from the supervision results combined with inspection conclusions, independent audit conclusions, internal audit conclusions and information from other regulatory authorities;”.

1. The jurisdiction to decide the early intervention in a credit institution or foreign bank branch:

a) The Governor of the State Bank shall consider deciding the following contents applied to the entity supervised by the Credit Institution Management and Supervision Department:

(i) Making early intervention in the credit institution or foreign bank branch specified in clause 1 Article 156 of the Law No. 32/2024/QH15;

(ii) Requesting in writing the credit institution or foreign bank branch to comply with regulations in clauses 2 and 4 Articles 156, 157 and 160 of the Law No. 32/2024/QH15;

(iii) Formulating a document specified in point a clause 1 and point a clause 2 Article 161 of the Law No. 32/2024/QH15;

(iv) Giving opinions on remedial plans as specified in clauses 1, 2 and 3 Article 158 of the Law No. 32/2024/QH15;

(v) Considering approval of application of support measures to the credit institution subject to early intervention prescribed in clause 4 Article 158 and Article 159 of the Law No. 32/2024/QH15;

(vi) Other contents within the jurisdiction of SBV over early intervention in the credit institution or foreign bank branch specified in the Law No. 32/2024/QH15;

b) The Director of a SBV’s Branch shall consider deciding the contents specified in point a of this clause and applied to the entity (excluding branches of credit institutions) supervised by SBV’s Branch.

b) The Director of the SBV’s Branch shall send report or proposal to the Governor of SBV (through the Credit Institution Management and Supervision Department) on/for the contents beyond the jurisdiction of SBV’s Branch as prescribed in this Circular and relevant laws.

2. Banking supervision report on remedial plan:

a) Every month or at the request of the micro-prudential supervision unit, the entity subject to banking supervision shall report the progress and results of implementation of the remedial plan to SBV (the Credit Institution Management and Supervision Department or SBV’s branch) before the 10^th of the following month (for periodic reports) or at the request of the micro-prudential supervision unit (for reports at the request of the micro-prudential supervision unit) to exercise the banking supervision according to regulations of this Circular;

b) The report on micro-prudential supervision specified in Article 12 of this Law shall contain banking supervision of the remedial plan according to the Law No. 32/2024/QH15 and this Circular.”.

1. Exercise macro-prudential supervision of entities subject to macro-prudential supervision as prescribed in this Circular.

2. Assign public employees to exercise macro-prudential supervision as prescribed in this Circular.

3. On a periodical or ad hoc basis, provide results of macro-prudential supervision (including macro-prudential supervision reports) to micro-prudential supervision units, the inspection authority affiliated to SBV, leaders of SBV’s branches and other relevant units.

4. Act as a focal point and cooperate with units to exercise macro-prudential supervision and decide thresholds of the macro-prudential supervision from time to time.

5. If necessary, request the Governor of SBV to exercise the ad hoc macro-prudential supervision prescribed in clauses 3 and 4 Article 15 hereof.

6. Based on the regulations herein, take charge of and cooperate with relevant units in formulating and submitting the banking supervision manual to the Governor of SBV for promulgation in order to provide professional guidelines for macro-prudential supervision.

7. Based on the criteria of scale, interconnectedness, and replaceability, take charge of and cooperate with relevant units in compiling a list of commercial banks of systematic importance to be submitted to the Governor of SBV for promulgation before March 31 every year.

8. Fulfill other responsibilities specified in this Circular and under decision issued by the Governor of SBV.”.

1. Exercise micro-prudential supervision of supervised entities within the scope of its responsibilities.

2. Assign public employees to exercise micro-prudential supervision as prescribed in this Circular.

3. Consider deciding the full-time staff mechanism for each entity subject to banking supervision; such full-time staff is entitled to access general information about entities subject to banking supervision under their supervision.

4. On a periodical or ad hoc basis, provide results of micro-prudential supervision (including micro-prudential supervision reports) to the Department of System Safety Supervision of Credit Institutions, the inspection authority affiliated to SBV and leaders of SBV’s branches.

5. Advise and recommend the Governor of SBV to consider deciding the contents prescribed in point a clause 1 Article 23 hereof.

6. Act as a focal point and cooperate with relevant units to decide thresholds of the micro-prudential supervision of credit institutions and foreign bank branches from time to time.

7. Take charge of and cooperate with SBV’s branches in enhancing supervision of entities according to regulations of this Circular and the Decision issued by the Governor of SBV under its jurisdiction.

8. Supervise implementation of remedial plans by supervised entities within its jurisdiction according to the Law No. 32/2024/QH15 and this Circular.”.

9. Based on the regulations herein, take charge of and cooperate with relevant units in formulating and submitting the banking supervision manual to the Governor of SBV for promulgation in order to provide professional guidelines for micro-prudential supervision; advise and request the Governor of SBV to promulgate guidance on management and micro-prudential supervision of credit institutions and foreign bank branches.

10. Fulfill other responsibilities specified in this Circular and under decision issued by the Governor of SBV.”.

1. Exercise micro-prudential supervision of supervised entities within the scope of its responsibilities.

2. On a periodical or ad hoc basis, provide results of micro-prudential supervision (including micro-prudential supervision reports) to the Credit Institution Management and Supervision Department, the inspection authority affiliated to SBV (except for results of micro-prudential supervision of entities subject to banking supervision that are people’s credit funds).

3. On a periodical or ad hoc basis, provide results of micro-prudential supervision (including micro-prudential supervision reports) to the Department of System Safety Supervision of Credit Institutions (except for results of micro-prudential supervision of entities subject to banking supervision that are branches of credit institutions and people's credit funds).

4. The Director of SBV’s branch shall consider deciding the contents prescribed in point b clause 1 Article 23 hereof.

5. Enhance supervision of entities subject to banking supervision according to regulations of this Circular and the Decision issued by the Governor of SBV under its jurisdiction or the Director of SBV’s branch on a case-by-case basis.

6. Take responsibilities specified in clauses 2, 3 and 8 Article 25 of this Circular for supervised entities within its jurisdiction.

7. Fulfill other responsibilities specified in this Circular and under decision issued by the Governor of SBV.”.

1. The inspection authority affiliated to SBV shall promptly provide information and decisions related to inspection of entities subject to banking supervision within the assigned functions and duties to the Credit Institution Management and Supervision Department.

2. Provide information, documents and data at the request of the Credit Institution Management and Supervision Department and the Department of System Safety Supervision of Credit Institutions, and SBV’s branch according to the regulations herein and regulations of laws.

3. Cooperate with the Credit Institution Management and Supervision Department and the Department of System Safety Supervision of Credit Institutions, and SBV’s branch in banking supervision.

4. Cooperate with the Credit Institution Management and Supervision Department and SBV’s branch in reviewing internal regulations issued by supervised entities according to legislative documents formulated by the focal point and submitted to a competent authority for promulgation.”.

1. Annulment of clause 2 Article 5 and Article 27.

2. Annulment of Appendices II, III and IV.

Heads of units affiliated to SBV, credit institutions and foreign bank branches shall be responsible for organizing the implementation of this Circular./.

This Circular comes into force from January 01, 2026.

During the period on which the micro-prudential/macro-prudential supervision manual has not yet been promulgated in accordance with this Circular, the micro-prudential/macro-prudential supervision unit shall prepare supervision reports, using the forms specified in the Appendices II, III and IV of the Circular No. 08/2022/TT- NHNN and such reports shall contain supervision contents as specified in the Circular No. 08/2022/TT-NHNN amended by this Circular.