THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom – Happiness
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No.
1160/2004/QD-NHNN
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Hanoi,
September 13, 2004
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DECISION
ON THE ISSUANCE OF THE REGULATION ON SAVINGS DEPOSITS
THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the
State Bank of Vietnam dated 12 December, 1997 and the Law on the amendment,
supplement of several Articles of the Law on the State Bank of Vietnam dated 17
June 2003;
- Pursuant to the Law on Credit Institutions dated 12 December, 1997 and the
Law on the amendment, supplement of several Articles of the Law on Credit
Institutions dated 15 June 2004;
- Pursuant to the Decree No. 86/2002/ND-CP dated 05 November, 2002 of the
Government providing for the function, assignment, authority and organizational
structure of the ministries and ministerial level agencies;
- Upon the proposal of the Director of the Monetary Policy Department,
DECIDES:
Article 1.
To issue in conjunction with this Decision “the Regulation
on savings deposits”
Article 2.
This Decision shall be effective from 1 January 2005 and
replace following Decisions of the Governor of the State Bank: the Decision No.
30/NH-QD dated 17 March 1989 on the issuance of the Rule on savings, the
Decision No. 72/ND-QD dated 31 May 1989 on the supplement to the Rule on
savings, the Decision No. 167/QD-NH1 dated 26 August 1993 on the issuance of
the Rule on savings deposits maintained in one place but withdrawn in several
places, the Decision No. 15/QD-NH1 dated 02 February 1994 on the issuance of
the Rule on savings to build dwelling houses; the Decision No. 39/2000/QD-NHNN7
dated 24 January 2000 on the savings regime in foreign currency.
Article 3.
For savings deposited prior to the effectiveness of this
Decision but still undue, the organizations that have received savings deposits
and depositors shall comply with committed agreements until the maturity date
of savings deposits or may agree on the implementation of provisions stated in
the Regulation on savings deposits issued in conjunction with this Decision.
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THE
GOVERNOR OF THE STATE BANK
Lê Duc Thuy
REGULATION
ON THE SAVINGS DEPOSITS
(issued in conjunction with the Decision No. 1160/2004/QD-NHNN dated 13
September 2004 of the Governor of the State Bank)
Article 1.
Governing scope and subjects of application
This Regulation governs
activities of receipt and payment of savings deposits in VND and foreign
currencies within the territory of Vietnam between the organizations that
receive savings deposits and depositors.
Article 2.
Organizations receiving savings deposit
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2. Other organizations engaging
in banking activity which are permitted by the applicable laws to receive
savings deposits.
Article 3.
Subjects depositing savings
1. Subjects that deposit savings
in VND shall be Vietnamese individuals and foreign individuals who are residing
and legally operating in Vietnam.
2. Subjects that deposit savings
in foreign currency shall be individuals being residents.
Article 4.
Scope of savings deposit receipt
1. Commercial banks, development
banks, investment banks, policy banks, cooperative banks, people’s credit funds
shall be entitled to receive savings deposits from all individuals under
various types of term.
2. Non-bank credit institutions
shall be entitled to receive savings deposits of the term from 1 year upward
from all individuals.
3. For branches of foreign
banks, joint-venture banks, credit institutions with 100% foreign owned
capital, the scope of savings deposit receipt shall be in compliance with
current provisions of the Governor of the State Bank on depositing subjects,
deposit terms and maximum level of deposits mobilization.
4. Other organizations engaging
in banking activity shall be entitled to receive savings deposit in accordance
with provisions stated in their operation licence and other legal documents
relating to savings deposit.
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Article 5.
Application of international treaty
In case where any international
treaty to which the Socialist Republic of Vietnam is a signatory and has
acceded, contains provisions other than those stated in this Regulation, they
shall be applicable.
Article 6.
Interpretation
Terms mentioned in this
Regulation shall be construed as follows:
1. Savings deposit is an amount
of money of an individual, which is deposited in the account “savings deposit”,
certified on a savings card and entitled to an interest in accordance with
stipulations made by the savings deposit receiving organization and insured in
accordance with provisions of applicable laws on deposit insurance.
2. Depositor is a person, who
carries out transactions relating to savings deposit. Depositor may be the
owner of a savings deposit, or a co-owner of a savings deposit, or an
administrator or a representative under the laws of the owner, the co-owner of
a savings deposit.
3. Owner of savings deposit is a
person whose name is stated in the savings card.
4. Co-owner of savings deposit
consists of at least 2 individuals, whose names are together stated in the
savings card.
5. Transactions relating to
savings deposit are transactions of depositing, withdrawal of savings and other
transactions relating to a savings deposit.
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7. Savings card is a certificate
that confirms the ownership of the savings deposit owner or co-owner for an
amount that has been deposited at a savings deposit receiving organization.
8. Non-time savings deposit is
the savings deposit that a depositor may withdraw upon his requirement without
notice in advance on any working day of the savings deposit receiving
organization.
9. Time savings deposit is the
savings deposit that a depositor may withdraw only after a certain deposit term
according to agreements with the savings deposit receiving organization.
10. Deposit term shall be a time
period from the day when the depositor deposits his money at a savings deposit
receiving organization until the day on which the savings deposit receiving
organization commits to make full payment of principals and interests of the
savings deposit.
11. Residents are construed in
accordance with provisions stated in current documents of the Government and
the State Bank on foreign exchange control.
Article 7.
Conditions for carrying out transactions relating to savings deposit
1. Vietnamese individuals who
are from the age of full 18 upward, have full civil act capability under
applicable provisions of Civil Code, foreign individuals who are living and
legally operating in Vietnam, from the age of full 18 upward, have full civil
act capability in accordance with applicable provisions of Vietnam’s laws shall
be entitled to carry out transactions relating to savings deposit.
2. Vietnamese individuals,
foreign individuals who are living and legally operating in Vietnam from the age
of full 15 to the age of under 18, but have their own property, which are
enough to secure the implementation of their civil obligation under provisions
of Civil Code, shall be entitled to carry out transactions relating to savings
deposit.
3. Under-age persons, persons
who have lost their civil act capability, persons whose civil act capability is
limited in accordance with provisions of applicable laws, shall be only
entitled to carry out transactions relating to savings deposit through their
lawful administrator or representatives.
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1. Procedures for the first
savings deposit
a. Depositors shall directly
perform deposit transactions at a savings deposit receiving organization and
present following documents:
- Identity card for depositors,
who are Vietnamese individuals;
- Passport, the remaining
effective term of which is longer than the deposit term (for immigration cases
where visa is not required); passport together with visa with the remaining
effective term longer than the deposit term (for immigration cases where visa
is required) in respect of depositors, who are foreign individuals;
- Documents proving the status
of the lawful administrators and representatives of under-age persons, persons
who have lost the civil act capability, persons whose civil act capability is
limited in addition to identity card or passport for depositors, who are the
lawful administrator or representatives.
b. Depositors shall register
their sample signature with the savings deposit receiving organization. In case
where the depositors cannot write in any form, the savings deposit receiving
organization shall guide the depositors to register their code or special
symbol instead of sample signature.
c. Depositors shall complete
other procedures stipulated by the savings deposit receiving organization.
d. The savings deposit receiving
organization shall carry out procedures of savings receipt, opening of account
“savings deposit” and issuance of a savings card to first time depositors after
they have completed procedures as mentioned in Point a, b and c Paragraph 1 of
this Article.
2. Procedures for following
savings deposit:
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b. For deposit transactions made
on the already issued savings card, the depositor may directly deposit or make
the deposit through another person in accordance with provisions of the savings
deposit receiving organization.
Article 9.
Savings card
Savings card shall consist of
following main elements:
- Name of the savings deposit
receiving organization; type of money, amount of money; term of deposit; date
of deposit; maturity date (for time savings deposit); interest rate; Mode of
interest payment; Time for interest payment; place of principals and interests
payment.
- Full name and address of owner
of savings deposit, of co-owner of savings deposit; Number of Identity card or
Passport of the savings deposit owner or co-owner (except for the case where
the owner, co-owner of the savings deposit is not old enough to be granted with
an identity card or passport).
- Full name, address and number
of identity card or passport of the lawful administrator or representative
(applicable to only the case where depositor is a lawful administrator or
representative).
- Card number, seal, signature
of General Director (Director) of the savings deposit receiving organization or
of the person authorized by the General Director (Director), signature of
transaction official of the savings deposit receiving organization
- Provisions on the ownership
transfer, mortgage of savings card at the savings deposit receiving
organization; dealing with risks.
- Notice contents, other
guidance of the savings deposit receiving organization
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Procedures for receipt and
payment of savings deposit in case of co-ownership of a savings deposit shall
be stipulated by the savings deposit receiving organization in conformity with
related legal documents.
Article 11.
Use of account “savings deposit”
1. Account “savings deposit”
shall not be used to issue cheques and carry out payment transactions except
for the case provided for in Paragraph 2 of this Article.
2. Account “savings deposit in
VND” of resident can be used to make transfer for the loan payment by the owner
or co-owner of savings deposit within the same savings deposit receiving
organization; or to make transfer to other accounts of the owner or co-owner at
the same savings deposit receiving organization.
Article 12.
Place for the receipt and payment of savings deposit
1. For each savings card, the
savings deposit receiving organization shall be permitted to receive and make
payment of savings at the transaction place where the card is issued or at any
other transaction places.
2. In case where the receipt and
payment of savings for each savings card is made at several transaction places,
the savings deposit receiving organization must satisfy full requirements for
material, technical foundation, technology and officers’ professional level to
ensure the convenience, accuracy, secrecy and safety of assets for depositors
and operational safety for the savings deposit receiving organization.
Article 13.
Interest rate and mode of interest payment
1. The savings deposit receiving
organization shall stipulate the interest rate applicable to savings deposits
in line with market interest rate to ensure effective business activity and
safe operations of the savings deposit receiving organization
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3. The mode of interest payment
shall be stipulated by the savings deposit receiving organization.
Article 14.
Forms of savings deposit
1. Forms of savings deposit,
classified by depositing terms, shall include non-time savings deposits and
time savings deposits. Specific deposit terms shall be stipulated by the
savings deposit receiving organization.
2. Forms of savings deposit,
classified by other categories, shall be stipulated by the savings deposit receiving
organization.
Article 15.
Withdrawal of principal and interest of savings deposit
1. Depositors shall carry out
following procedures:
a. To present their savings
cards;
b. To hand in the withdrawal
order with the same signature as the one that is registered at the savings
deposit receiving organization.
c. Vietnamese individuals are
required to produce their identity cards. Foreign individuals shall present
their effective passports (for those visa requirement is waived); present
passports together with effective visa (for cases where visa is required).
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e. Depositors shall complete
other procedures as stipulated by the savings deposit receiving organization.
2. The savings deposit receiving
organization shall stipulate the procedures for payment of savings deposit in
line with its business features and conditions to ensure the accurate and safe
payment of savings deposit.
3. Currency used for the payment
of principal and interest (VND or foreign currency) shall be the currency
deposited by depositors. For foreign currency savings deposits, at the
requirement of depositors, the savings deposit receiving organization may
perform the payment of principal and interest in VND at the rate stipulated by
the savings deposit receiving organization. The payment for change foreign
currency shall be made in accordance with provisions of the savings deposit
receiving organization.
4. For time savings deposit, in
case where the maturity date falls on a holiday in accordance with provisions
of applicable laws, the payment of principals and interests of savings deposit
shall be made on the first following working day.
Article 16.
Withdrawal of savings deposits prior to the maturity date
1. Depositors shall be entitled
to withdraw savings deposit prior to its maturity date if they have made
agreement to such extent with the savings deposit receiving organization when
making the deposit and must give notice in advance of their request for the
prior-to-maturity withdrawal in accordance with provisions of the savings
deposit receiving organization.
2. In case where depositors, who
require for the withdrawal of savings deposit before the maturity date, fully
satisfy provisions in paragraph 1, Article 16, they shall be entitled to enjoy
interests according to provisions of the savings deposit receiving organization
and the applicable interest rate shall not be in excess of the current interest
rate of demand savings deposit of the savings deposit receiving organization at
the maximum.
3. In case where depositors, who
require for the withdrawal of savings deposit before the maturity date, fail to
fully satisfy provisions in paragraph 1, Article 16, the savings deposit
receiving organization may still permit the prior-to-maturity withdrawal. In
this case, depositors shall be entitled to enjoy interest in accordance with
provision in Paragraph 2, Article 16 but be subject to a fee for the withdrawal
prior to maturity in accordance with provisions of the savings deposit
receiving organization.
4. Persons, who deposit money at
non-bank credit institutions, shall only be entitled to withdraw savings
deposits prior to their maturity date for amounts that have been deposited for
1 year upwards.
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Article 17.
Withdrawal of savings deposit under the inheritance
Procedures for the withdrawal of
savings deposit under the inheritance shall be stipulated by the savings
deposit receiving organization in line with provisions on the inheritance in
the Civil Code and related legal documents.
Article 18.
Withdrawal of savings deposit under the authorization letter
1. The savings deposit receiving
organization shall stipulate required elements of a authorization letter to
ensure the interest of savings deposit owner or co-owner and in compliance with
related legal documents
2. After verifying the legality,
validity of the authorization letter, the savings deposit receiving
organization shall base on the authorized content to perform the payment of the
savings deposit.
Article 19.
The extension of deposit term
Upon the maturity date of the
time savings deposit, if a depositor fails to withdraw money and does not have any
other requirement, the savings deposit receiving organization may capitalize
the interest and extend a new term according to agreements made between the
savings deposit receiving organization and the depositor.
Article 20.
Transfer of ownership
The savings deposit receiving
organization shall stipulate procedures for the transfer of savings card
ownership in line with related legal documents.
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1. Savings card may be used as a
mortgage asset at credit institutions in accordance with provisions of
applicable laws on loan security if accepted by those credit institutions.
2. When using the savings card
as mortgage asset, the owner or co-owner of the savings deposit must undertake
that in case where the debt repayment term expires but he fails to make
repayment of debt, the lending credit institution shall have the right to
request the savings deposit receiving organization to deduct his savings
deposit account to pay for the interest and principal of the loan.
Article 22.
The level of fee for the receipt, payment of savings deposit and services
relating to the savings deposit.
1. The receipt and payment of
savings deposit at the savings deposit receiving organizations shall be made
free of charge (except for the case provided for in Paragraph 3, Article 16 of
this Decision).
2. For other services relating
to the savings deposit, the savings deposit receiving organization shall
stipulate fee levels in line with the contents, conditions and mode of its
service performance.
Article 23.
Dealing with risks
The savings deposit receiving
organization shall provide for the treatment in cases where the savings card is
wrinkled up, torn, lost and other cases of risk in accordance with provisions
of applicable laws, in line with its business features, conditions and ensure
legal interests of the owner or co-owner of the savings deposit.
Article 24.
Rights of the depositor
1. Depositors shall be entitled to
be paid in full the principal, interests of the savings deposit under the
agreement made with the savings deposit receiving organization.
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3. Depositor being an owner or a
co-owner of the savings deposit shall be entitled to use their savings card as
the mortgage for borrowing funds in credit institutions if it is accepted by
them.
4. Depositor being a lawful
administrator, representative shall be entitled to carry out transactions
relating to the savings deposit in accordance with provisions in this
Regulation and provisions in related legal documents.
Article 25.
Responsibilities of Depositors
1. To correctly comply with
provisions in this Regulation and agreements as committed with the savings
deposit receiving organization.
2. To give notice in advance of
the request for the withdrawal prior to the maturity date in accordance with
provisions of the savings deposit receiving organization.
3. To timely give notice of the
loss of savings card to the savings deposit receiving organization to avoid the
abuse and cause of losses to assets.
4. To be responsible for losses
caused by the failure to timely declare the loss of the savings card to the
savings deposit receiving organization.
Article 26.
Rights of the savings deposit receiving organization
1. To be entitled to refuse the
receipt and payment of savings deposits if depositors fail to correctly comply
with provisions in this Regulation and agreements, which they have committed to
the savings deposit receiving organization.
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Article 27.
Responsibilities of the savings deposit receiving organization
1. Based on this Regulation and
related legal documents, a savings deposit receiving organization shall issue
and publicly announce provisions on the savings deposit in its system.
2. To receive the savings
deposit from individuals on the date and at the time where transactions are
carried out.
3. To fully and timely make
payment of the principals, interests of the savings deposits.
4. To publicly announce the
interest rate of the savings deposit, mode of interest payment, level of fee applicable
to savings deposits, which are withdrawn prior to their maturity date (if any)
and the level of fee applicable to services in relation to the savings deposit
at places of receipt, payment of the savings deposit.
5. To keep secret of the savings
balance of the owner or co-owner in accordance with provisions of applicable
laws and ensure the savings prudence for the owner or co-owner of the savings
deposit.
6. To be responsible for
damages, violation acts, misusage of savings deposits due to the fault of the
savings deposit receiving organization.
7. To be responsible for
reporting to the State Bank data relating to the activity of receipt and
payment of the savings deposit in accordance with current provisions on the
statistic reporting regime.
8. Other organizations, which
engage in banking area and are permitted by the laws to receive the savings
deposit, shall be responsible for reporting to the State Bank the performance
of the savings deposit receipt and payment in accordance with provision of the
State Bank.
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Organizations, which and
individuals, who violate provisions of this Regulation shall, depending on the
nature and the seriousness of violation, be subject to the administrative
punishment in the monetary and banking area or prosecuted for criminal
liability in accordance with provisions of applicable laws and the material
compensation for damages they have caused.
Article 29.
Amendment, supplement
The amendment of, supplement to
this Regulation shall be decided upon by the Governor of the State Bank