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THE
STATE BANK
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
396/1997/QD-NHNN1
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Hanoi,
December 01, 1997
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DECISION
TO ISSUE THE REGULATION ON OBLIGATORY RESERVE FOR BANKS AND
CREDIT ORGANISATIONS THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on
Organisation of the Government of September 30,1992;
- Pursuant to the Ordinance on the State Bank and the Ordinance on Banks,
Credit Organisations and Financial Companies issued under Order No. 37-LCT/HDNN8
and Order No.38-LCT/HDNN8 of May 24, 1990 of the President of the State Council
of the Socialist Republic of Vietnam;
- Pursuant to Decree No.15/CP of March 2, 1993 of the Government on the tasks,
powers and State management responsibilities of the Ministries and
ministerial-level Agencies;
- At the proposal of the Head of the Economic Research Department;
DECIDES:
Article 1.-
To issue attached to this decision the Regulation on
Obligatory Reserve for Banks and Credit Organisations.
Article 2.-
This Decision replaces Decision No. 260-QD/NH1 of
September 19, 1995 of the Governor of the State Bank and takes effect from
January 1st , 1998. The earlier provisions which are contrary to this Decision
shall cease to be valid.
Article 3.-
The Head of the Governor Office, the Chief Inspector, the
Heads of the units under the Central State Bank, the Directors of the Bank
branch offices in the provinces and cities, the Directors General (and the
Directors) of the banks and credit organisations shall have to implement this
Decision.
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FOR
THE GOVERNOR OF THESTATE BANK
DEPUTY GOVERNOR
Le Duc Thuy
REGULATION
ON OBLIGATORY RESERVE FOR BANKS AND CREDIT ORGANISATIONS
(issued
together with Decision No.396/1997/ QD - NHNN1 of December 1st, 1997 of the Governor
of the State Bank)
Chapter I
GENERAL PROVISIONS
Article 1.-
Obligatory reserve is the amount of money of the banks
and credit organisations defined in Article 5 of this Regulation which must be
kept at the fund of the banks and credit organisations and deposited at the
State Bank.
Article 2.-
"The determining term of the obligatory
reserve" is the period of time represented by the days in each term to
calculate the obligatory reserve for the maintenance term of the obligatory
reserve.
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Article 4.-
The obligatory reserve is calculated on the basis of the balance of average
deposits in a day during the term multiplied by the rate of obligatory reserve
stipulated by the Governor of the State Bank in each period.
Article 5.-
Subject to the implementation of the regulation on Obligatory Reserve are:
- The State Commercial Bank
- The Investment and Development
Bank
- The Commercial Stock Bank
- The branches of foreign banks
- The joint venture banks
operating in Vietnam
- The financial companies.
The Governor of the State Bank
shall decide the exemption from obligatory reserve for the banks and credit
organisations with a low equity.The concrete level shall be decided by the
Governor of the State bank in each period.
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Article 7.-
The Transaction Bureau of the State Bank and the branches of the State Bank at
the provinces and cities where the bank or credit organisation has its main
office shall calculate the obligatory reserve and notify the banks and credit
organisations thereof.
Article 8.-
The determination of the rate and structure of the obligatory reserve and the
term of the mobilised amount of deposits which require obligatory reserve and
the payment of interests on the obligatory reserve of the banks and credit
organizations deposited at the State Bank shall be decided by the Governor of
the State Bank depending on the objective and requirement of the monetary
policy in each period.
Article 9.-
The consideration for approval of the demand of the banks or credit
organizations to withdraw part or the whole of their obligatory reserve shall
be decided by the Governor of the State Bank in case the bank or credit
organization is placed in the status of special control or bankruptcy.
Chapter II
SPECIFIC STIPULATIONS ON
OBLIGATORY RESERVE
Article
10.- The banks and credit organizations shall have to fully deposit their
obligatory reserve at the State Bank during the term of maintenance on the
following principles:
10.1- The balance of the average
deposit at theState Bank and the cash and valid cheques at the funds of the
banks and credit organizations in the maintenance term of the obligatory
reserve shall not be lower than the obligatory reserve in the maintenance term.
10.2- The balance of deposit at
the State Bank and the balance of cash and valid cheques at the funds of banks
and credit organizations on each day of the maintenance term of the obligatory
reserve may be lower than the obligatory reserve to be maintained in the term.
Article
11.- The obligatory reserve is calculated on the basis of the following
kinds of deposit :
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- Deposits of customers:
+ Demand deposits
+ Time deposits of the kind for
which obligatory reserve is required.
- Deposits of specialized ital;
- Deposits of foreign
organizations and individuals;
- Savings deposits:
+ Demand deposits;
+ Time deposits of the kind for
which obligatory reserve is required.
- Other savings deposits;
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- Money to be managed and kept
for others;
- Income from the issue of time
bonds of commercial banks and the Investment and Development Bank of the kind
for which obligatory reserve is required.
- Deposits in the State
Treasury.
11.2- The deposits in foreign
currencies include the following deposits (both at the main office and the
branches):
- Deposits of customers in
foreign currencies:
+ Demand deposits;
+ Time deposits of the kind for
which obligatory reserve is required.
- Deposits in foreign currencies
of the special- use ital;
- Deposits in foreign currencies
of foreign organizations and individuals;
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- Demand deposits in foreign
currencies;
- Time saving deposits the Kind
for which obligatory reserve is rqeuired;
- Income from the issue of
vouchers for deposits, issue of time bonds and time treasury bonds of the kind
for which obligatory reserve in foreign currencies is required.
- Deposits at the State
Treasury.
- Deposits of the State Bank at
the banks and credit organizations.
- The deposits in foreign
currencies used as basis for the calculation of obligatory reserve are the
freely convertible foreign currencies which have been converted into USD for
use as obligatory reserve in USD and deposited at the Transaction Bureau of the
State Bank.The rate of exchange into foreign currencies to calculate the
obligatory reserve is the official exchange rate announced by the State Bank on
the day when the obligatory reserve takes effect.
For a number of other foreign
currencies including DEM, JPY, GBP and FRF , if the deposits account for more
than 50% of the total of mobilized foreign currency sources, the obligatory
reserve shall be made in such currency and shall be deposited at the
Transaction Bureau of the State Bank.
(See Appendix I for instruction
on Article 11 for code of the attached account )
Article
12.- Method of calculating obligatory reserve for the maintenance term
(applied to both VND and foreign currencies);
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12.2- The maintenance term of
obligatory reserve is the space of time from the first to the last day of the
current month.
12.3- On the basis of the
balance of average deposits defined in Article 11 of this Regulation of the determining
term of the obligatory reserve, to calculate the obligatory reserve of the
maintenance term of the obligatory reserve.
12.4- The method of calculating
the balance of average deposits based on the balance of each day is to add up
the balance of each day in the term and divide them to the total of days in the
term (see Appendix II guiding the calculation of the obligatory reserve and the
balance of average deposits attached to this Regulation ).
12.5- The obligatory reserve is
equal to the balance of the average deposits in the determining term of the
obligatory reserve multiplied by the rate of obligatory reserve.
12.6- The rate of obligatory
reserve is the percentage of the total of the deposits for which obligatory
reserve is required and is stipulated by the Governor of theState Bank for each
period.
Article 13-
Determining excess and shortfall of obligatory reserve.
Basing itself on the report of
the bank or credit organization, the Ttransaction Bureau of the State Bank or the
Branch of the State Bank in the province or city where the bank or credit
organisation has its main office shall compare the two quantities (A) and (B)
to determine the excess or shortfall of the obligatory reserve:
A: Is the average depositof the
bank or credit organization at the State Bank and the average amount of cash
and valid cheques at the fund of the bank or credit organization within the
maintenance term of the obligatory reserve (as guided at Appendix II)
B: Is the obligatory reserve in
the maintenance term.
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- Shortfall of obligatory
reserve when A is smaller than B (A < B)
Article
14.- Handling of excess and shortfall of obligatory reserve:
14.1- In case the bank or credit
organization is deficient in obligatory reserve the State Bank shall fine it at
the rate defined by the Governor of the State Bank in each period. If the
shortfall continues in the following maintenance term of the obligatory
reserve, this bank or credit organization shall be fined two times the
prescribed level.
14.2- In case the bank or credit
organization has the obligatory reserve in excess, the State Bank shall refund
it the excess of the obligatory reserve kept at the State Bank at the interest
rate stipulated for each period.
Article
15.- Responsibility of the banks and credit organizations of the units
attached to the Vietnam State Bank and the Branches of the State Bank at the
provinces and cities in the implementation of the Regulation on Obligatory Reserve.If
the dates stipulated in this Article fall on official holidays (sundays,
holidays, new year festivals), the reports shall be sent on the following work
day.
1. For the banks and credit
organizations:
They shall have to send the
reports on the balance of the average deposits of the determining term of the
obligatory reserve as basis to calculate the obligatory reserve of the
maintenance term to the Branches of the State Bank in the provinces, cities or
Transaction Bureaus of the State Bank where the bank or credit organisation has
its main office on the third day of each month.
2. Transaction Bureau of the
State Bank:
- On the basis of the report on
the balance of average deposits in the determining term sent by the banks and
credit organisations under the management of the Transaction Bureau,
calculations shall be made on the obligatory reserve for the maintenance term
and sent to each bank and credit organization on the 5th day of each month.
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- Settle the excess or shortfall
of obligatory reserve according to Article 14 of this Regulation.
3. Branches of the State Bank in
provinces and cities:
- On the basis of the report on
the balance of average equites in the determinating term of the banks and
credit organizations managed by the branch , to make calculations and notify
the obligatory reserve for the maintenance term of each bank and credit
organization on the 5th day of each month.
- Make a general report to
perform the obligatory reserve for each bank and credit organization under the
management of the Branch of the State Bank in the province or city and send it
to theVietnam State Bank (Financial Institutions Department ) on the 4th day of
each month.
- Settle the excess or shortfall
of obligatory reserve according to Article 14 of this Regulation.
4. The Financial Institutions
Department:
Make a general report on the
performance of obligatory reserve of all the banks and credit organisations
reported by the Transaction Bureau of the State Bank and the Branches of the
State Bank in the provinces and cities in order to report to the Governor of
the Vietnam State Bank and send a report to the Department for Economic
Research and the Inspector of the State Bank on the 6th day of each month.
5. The Department for Economic
Research:
Basing iteself on the
development of the economic situation and the objective of the monetary policy,
submit to the Governor for readjustment of the rate of the obligatory reserve,
the structure of the obligatory reserve, the term of the deposits for which
obligatory reserve is required, the interest rate of the fines on the shortfall
of the obligatory reserve, the payment of interest and the interest rate for
the excess of the obligatory reserve deposited at the State Bank in order to
make them conform with each period.
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To guide the method of
accounting according to the accountancy accounts related to the obligatory
reserve to make it conform with this Regulation.
7. The Inspector of the State
Bank:
Shall have to elaborate the
Regulation on Fining and cooperate with the Financial Institutions Department
in inspecting and supervising the performance of obligatory reserve by the
banks and credit organizations, to detect in time the banks and credit
organizations which do not implement the Regulationon Obligatory Reserve; to
take stringent and timely measures to deal with the offending banks and credit
organizations and to help them carry out the obligatory reserve as prescribed.
Article
16.- Complaints and competence in settlement:
16.1- The banks and credit
organizations are entitled to complain against inappropriate decisions about
the implementation of the Regulation on Obligatory Reserve. The complaint shall
be sent to the Central State Bank (the Financial Institutions Department).
16.2- Five days at the latest
after receiving the complaint on obligatory reserve of a bank or credit
organisation, the Head of the Financial Institutions Department of the Central
State Bank must reply in writing to the concerned bank or credit organization.
Pending a settlement, the said bank or credit organization must abide by the
Regulation on Obligatory Reserve of the State Bank.
Article
17.- Handling of violations:
17.1- The violations of the
stipulations on information and report shall be sanctioned under the
sanctioning regulations issued by the Governor of the State Bank.
17.2- The fines for violations
of the regulation on obligatory reserve shall comply with Article 14 of this
Regulation. For the shortfall of the obligatory reserve, the State Bank shall
impose sanction for the shortfall at the level prescribed by the Governor of
the State Bank for each period. If the shortfall continues in the subsequent
maintenance term, the concerned bank or credit organization shall be subject to
a fine double the level prescribed by the Governor of the State Bank for each
period.
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FINAL PROVISION
Article
18.- Any amendment or supplement to the provisions in this Regulation shall
be decided by the Governor of the State Bank.
APPENDIX I
CODES OF ACCOUNTS OF DEPOSITS FOR WHICH OBLIGATORY
RESERVE IS REQUIRED
Codes of accounts
For deposits in VND:
- Deposits of customers:
+ Demand deposits: 3611
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- Deposits of special-use ital
(3613)
- Deposits of foreign
organizations and individuals (3614)
- Savings deposits:
+ Demand deposits (3711)
+ Time deposits which require
obligatory reserve.
- Other savings deposits (3719)
- Income from the issue of
deposit vouchers and time bonds (441, 442, 449)
- Money for management or
keeping (381)
- Income from the issue of
treasury bonds of the Commercial Bank and the Investment and Development Bank
(441, 442, 449)
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For deposits in foreign
currencies:
- Deposits of customers in
foreign currencies:
+ Demand deposits (3621)
+ Time deposits which requires
obligatory reserve (3622)
- Deposits for special-use ital
in foreign currencies (3623 )
- Deposits in foreign currencies
of foreign organizations and individuals (3624)
- Savings deposits :
+ Demand deposits in foreign
currencies (3721)
+ Time deposits in foreign
currencies which require obligatory reserve (3722)
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- Deposits in the State Treasury
(2122 )
- Deposits of the State Bank at
the bank and credit organization (207)
APPENDIX II
EXAMPLES FOR THE CALCULATION OF OBLIGATORY RESERVE
AND AVERAGE DEPOSITS OF THE BANKS AND CREDIT ORGANIZATIONS AT THESTATE BANK
ACCORDING TO ARTICLE 12 OF THE REGULATION ON OBLIGATORY RESERVE
Example: For the maintenance
term of July , the method of calculation shall be as follows:
- Formula for the calculation of
the obligatory reserve in the maintenance term:
Amount
of obligatory reserve in the maintenance term of July
=
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x
Percentage
of obligatory reserve
Method of calculating the
balance of average deposit in determining period:
Balance
of deposit in one day
=
Total
of deposits from June1st to June 30
30
- Formula for calculating average
deposit in maintenance term of obligatory reserve at the State Bank:
Average
deposit in maintenance term at the State Bank
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Total
of deposits from july 1st to July 31
31
- Formula for calculating the average
of cash and valid cheques duruing the maintenance term of obligatory reserve at
the funds of the bank and credit organization:
Average
cash and valid cheques in maintenance term deposited at the funds of the bank
and credit organization
=
Total
of cash and valid cheques from July 1st to July 31
31
- The structure of obligatory
reserve of the banks and credit organizations shall be determined on the basis
of the Decision of the Governor of the State Bank on the rate and and structure
of the obligatory reserve for the banks and credit organizations in each
period.
Example: The Governor of the
State Bank decides that the rate of obligatory reserve is 10% and the mimimum
structure of the obligatory reserve is 70% which must be deposited on the
account of sight deposits at the State Bank while the maximum rate is 30% in
cash and valid cheques at the funds of the bank or credit organization, then
the obligatory reserve that must be maintained and the structure of the
obligatory reserve and the settlement of excess or shortfall of the obligation
reserve shall be as follows:
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Case 2: If the actuall average
rate of cash and valid cheques at the fund of the bank or credit organisation
is lower than 30% of the obligatory reserve then the actual figure shall be
adopted.
Example in Case I: Supposing
that the bank or credit organization (X) has an average deposit of 3,000
billion Dong which requires an obligatory reserve in a given period (June
1997). The average deposit in the maintenance term (July, 1997) at the State
Bank is 220 billlion Dong, the average cash and valid cheques in the
maintenance term (July 1997) at the fund of the Bank (X) is 100 billion Dong.
The obligatory reserve in the maintenance term (July 1997) and the excess and
shortfall of the obligatory reserve (July 1997) of the Bank (X) shall be
determined as follows:
The obligatory reserve to be
maintained in July 1997 is :
The average obligatory reserve
to be maintained in the term = 3,000 billion Dong x 10% = 300 billion Dong
The amount to be deposited at
the State Bank is 210 billion Dong , the amount to be deposited at the cash
fund and valid cheques is 90 billion Dong.
Calculation of excess and
shortfall of obligatory reserve in the maintenance term in July 1997 :
In reality the unit deposits 220
billion Dong at the State Bank, the remaining fund is 100 billion Dong in cash
and valid cheques. Thus, according to regulation Bank(X) has 10 billion Dong of
obligatory reserve in excess (220 billion Dong -210 billion Dong). The unit
shall be refunded 10 billion Dong by the State Bank as excess of obligatory reserve.
Supposing that the Governor of
the State Bank decides that the inrerest rate for the excess of obligatory
reserve is 0.2% per month, Bank (X) shall receive in the maintenance term of
July:
Total
of interest =
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=
20,000,000 Dong
31
days
Thus, Bank(X) shall receive
20,000,000 Dong as interest for the excess of the obligatory reserve in the
maintenance term of July 1997.
Example of case 2: Supposing
that the Bank or Credit Organization (X) has 3,000 billion Dong as average
deposit which require obligatory reserve in the determining term (June 1997).
The average deposit in the maintenance term (July 1997) at the State bank is
220 billion Dong. The real average of the cash and valid cheques in the
maintenance term (july 1997) at the fund of Bank (X) is 78 billion Dong. The
obligatory reserve in the maintenance term (July 1997) and the excess and
shortfall of the obligatory reserve (July 1997) of Bank (X) shall be determined
as follows:
Obligatory reserve to be
maintained in July 1997:
Obligatory reserve to be
maintained in the term = 3,000 billion Dong x 10 % = 300 billion Dong.
The amount to be deposited at
the State Bank is 210 billion Dong , the amount to be deposited at the cash and
valid cheques fund is 90 billion Dong
Calculation of excess and
shortfall of obligatory reserve in the maintenance term in July 1997:
The real amount remaining at the
cash and valid cheque fund is 78 billion Dong that is a shortfall of 12 billion
Dong compared to the requirement (90 billion Dong - 78 billion Dong). As
prescribed to assure the obligatory reserve in the maintenance term in July
1997, the obligatory reserve deposited at the State Bank must be 222 billion
dong (210 billion Dong + 12 billion Dong ), but in reality the unit deposits
only 220 billion dong. Thus, in the maintenance term of July 1997 the shortfall
in obligatory reserve is 2 billion Dong (222 billion Dong - 220 billion Dong).
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Supposing that the Governor of
theState Bank decides that the fine represents 200% of the interest in the
re-loan of 0.9% per month, Bank(X) shall have to bear a fine for the shortfall
of obligatory reserve in the maintenance term of July 1997 as follows:
Total
fine =
2
billionDong x 0.9%x 200% x 31 days
=
36,000,000 Dong
31
days
Thus, Bank (X) shall have to pay
a fine of 36,000,000 Dong for the shortfall of obligatory reserve in the
maintenance term of July 1997.
1.Obligatory reserva in
maintenance term already notified
1.1 In Vietnam Dong
In which : obligatory reserve
deposited at State bank (70%)
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1.2 In foreign currencies
In which: obligatory reserve
deposited at State banks (70%)
Cash and valid cheques (30%)
2. Actual obligatory reserve
already maintained :
2.1. In Vietnam Dong (maintained
in the term)
In which: - Actual average
deposit at State bank
- average cash and valid cheques
at fund of banks and credit organizations
2.2 In foreign currrencies
(maintained in the term)
In which: actual average
deposits at State bank
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3. Difference resulting from
excess (+) or shortfall (-) of bligatory reserve
3.1. In case the actual average
cash and valid cheques is smaller (<) than prescribed
3.1.1- In Vietnam Dong (2.1- 1.1
)
3.1.2 In foreign currencies (2.2
- 1.2)
3.2- In case actual average cash
and valid cheques are bigger than or equal
to the prescribed level
3.2.1- In Vietnam Dong = actual
average deposit at State Bank minus (-) obligatory reserve at State Bank in
Vietnam Dong
3.2.2- In foreign currencies -
actuall average deposit in foreign currencies at State bank minus (-)
obligatory reserve at State bank in foreign currencies.-