STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom Happiness
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No.
297/1999/QD-NHNN5
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Hanoi,
August 25th, 1999
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DECISION
ON
THE PROMULGATION OF THE REGULATION ON PRUDENTIAL RATIOS IN THE ACTIVITIES OF
CREDIT INSTITUTIONS
THE GOVERNOR OF THE STATE BANK OF VIETNAM
- Pursuant to the Law on the
State Bank No.01/1997/QH10 and the Law on the Credit Institutions No.02/1997/QH10
dated 12 December, 1997;
- Pursuant to the Decree No. 15/CP dated 2 March, 1993 of the Government on the
assignment, authority and responsibility for the State management of
Ministries, ministerial-level agencies;
- Upon the proposal of the Director of the Banks & Non-Bank Credit
Institutions Department,
DECIDES
Article 1. To promulgate
in conjunction with this Decision "the Regulation on prudential ratios in
the activities of credit institutions.
Article 2.
This Decision shall be effective
15 days after the date of signing. Provisions in following legal documents
relating to the " Regulation on prudential ratios in the activities of
credit institutions" promulgated in conjunction with this Decision shall
hereby repealed:
1. The "Regulation on the
prudence in the monetary-credit business for credit institutions" issued
under the Decision No. 107 QD-NH5 dated 9 June, 1992 of the Governor of the
State Bank of Vietnam;
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Article 3.
The Director of the
Administration Department, the Director of the Banks and Non-Bank Credit
Institutions, Heads of related Departments of the State Bank, General Managers
of State Bank branches in provinces and cities, Chairman of the Board of
Directors, Directors General (Directors) of credit institutions shall be
responsible for the implementation of this Decision.
FOR
THE GOVERNOR OF THE STATE BANK OF VIETNAM
DEPUTY GOVERNOR
Tran Minh Tuan
REGULATION
ON
PRUDENTIAL RATIOS IN THE ACTIVITIES OF CREDIT INSTITUTIONS
(promulgated in conjunction with the Decision No.297/1999/QD-NHNN5 dated 25
August, 1999 of the Governor of the State Bank)
I. GENERAL PROVISION
Article 1. Credit
institutions operating in Vietnam must maintain at all times prudential ratios
in accordance with this Decision, including:
1. The maximum ratio of the short-term
funds which are permitted to be used to extend medium and long-term loans;
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3. The minimum capital adequacy
ratio.
II. DETAIL PROVISIONS
Section I. The maximum ratio of the short-term funds
which are permitted to be used to extend medium and long-term loans
Article 2.
1. The maximum ratio of the
short-term funds which are permitted to be used to extend medium and long-term
loans for credit institutions shall be as follows:
a. State-owned credit
institutions: 25%
b. Joint-venture credit
institutions: 25%
c. Foreign bank branches: 25%
d. 100% foreign owned non-bank
credit institutions: 25%
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f. Cooperative credit
institutions: 10%
2. The short-term funds which
credit institutions can use to extend medium and long-term loans shall include:
a. Demand deposits, deposits
with term of less than 12 months due to other credit institutions;
b. Demand deposits, deposits
with term of less than 12 months due to organisations, individuals;
c. Non-term savings deposits and
savings deposits with term of less than 12 months of individuals;
d. Funds mobilized domestically
through issuance of short-term valuable paper.
Article 3.
Credit institutions whose
short-term funds ratio used for medium and long-term loans after the
effectiveness of this Decision is higher than the maximum ratio provided for in
paragraph 1 Article 2 of this Decision shall not continue to use short-term
funds to finance medium and long-term loans and have to take measures to
increase funds mobilization within the provisions of applicable laws, to
collect medium and long-term debts at repayment dates of the respective loans
in order to gradually reduce this ratio in compliance with this provision
within a period of 3 years.
In the event that a credit
institution uses short-term funds to finance medium and long-term loans under
the direction of the Government, separate provisions of the State Bank shall be
applied.
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Article 4.
1. At the end of a business day,
credit institutions shall maintain for the next business day a minimum ratio of
1 between the current Assets and different categories of current Liabilities.
2. Current Assets shall include:
a. Cash;
b. State Bank Drafts which are
still valid for circulation;
c. Gold, specious metal, stones
which can be sold immediately;
d. Deposits with the State Bank
(excluding required reserve deposits);
dd. Demand deposits (principal and
interests) at other credit institutions in Vietnam and foreign countries;
e. Term deposits (principal and
interests) at other credit institutions in Vietnam and foreign countries which
have been due;
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g. Loans outstanding which have
been due from organisations and individuals at a maximum ratio of 90%;
h. Valuable paper which have
been due for payment or which can be disposed immediately or which are discountable,
rediscountable at the State Bank;
i. Receipts under commitments
for buy and sale of foreign currency in a forward transaction which have been
due ;
j. Other receivables due.
3. Current Liabilities shall
include:
a. 15% of the demand deposits of
organisations, individuals at the minimum;
b. Term deposits of
organisations, individuals which have been due for payment (principal and
interest);
c. 15% of non-term savings
deposits of individuals at the minimum;
d. Term savings deposits of
individuals which have been due for payment (principal and interest);
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f. Valuable paper issued by the
credit institution concerned which have become due for payment (principal and
interest);
g. Payables due under
commitments for buy and sale of foreign currency in a forward transaction;
h. Payments to be made in lieu
of customers under a guarantee, L/c obligation;
i. Loan to be made under a
stand-by credit line;
j. Other payables.
Article 5. Credit
institutions which encounter difficulties in the compliance with the liquidity
ratio as provided for in Article 4 of this Regulation must present a solution
to the Governor of the State Bank for consideration and decision.
Section III. THE MINIMUM
CAPITAL ADEQUACY
Article 6.
1. Credit institutions (except
for foreign bank branches) must maintain a minimum ratio of 8% of the own
capital to the risk weighted Assets, including off-balance commitments. The own
capital and the risk weighted assets shall be determined in accordance with
provisions of Article 7 and 8 of this Regulation.
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Article 7.
1. The own capital of credit
institutions shall include: the Charter Capital ( provided capital, paid-in
share capital) and the reserve fund for supplementing the Charter Capital
2. The provision of paragraph 1
of this Article shall be adjusted in accordance with the performance of activities
of credit institutions and the respective provision of Article 20 of the Law on
credit institutions.
3. The total capital invested by
a credit institution in other credit institutions in form of capital
participation, shares acquisition shall be excluded from the own capital when
calculating prudential ratios stated in this Regulation.
Article 8.
Risk weighted assets, including
off-balance sheet commitments (hereinafter referred to as risk assets) shall
include risk weighted values of on-balance sheet assets (hereinafter referred
to as on-balance sheet risk assets) and risk weighted values of off balance
sheet commitments (hereinafter referred to as off balance sheet risk assets).
The on-balance sheet risk assets
shall be determined on the basis of the value of each on-balance sheet asset
and (multiplied by) the risk weight of the respective asset provided for in
Article 10.
An off-balance sheet asset shall
be determined by, in the first instance, converting off-balance sheet
commitments to corresponding on-balance sheet asset using the conversion factor
provided for in Article 9 of this Decision, and then determining its risk
weight as provided for in Article 10 of this Decision.
Article 9. The conversion
factors of off-balance sheet commitments:
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a. Loan guarantee;
b. Payment guarantee.
2. Off-balance sheet commitments
which have the conversion factor of 50%:
a. Contract performance guarantee;
b. Bid guarantee;
c. Other form of guarantee for
organisations, individuals;
d. Commitment under a L/C
payment.
3. Off-balance sheet commitments
which have the conversion factor of 20%
Commitments for purchase and
sale of foreign exchange in a forward transaction
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1. The group of assets which
have the risk weight of 0% includes:
a. Cash, valid State Bank
Drafts;
b. Gold;
c. Deposits at the State Bank of
Vietnam;
d. Valuable papers issued,
guaranteed by the State Bank of Vietnam, the Government of Vietnam;
e. Loans secured by savings
deposits placed with lending credit institutions;
f. Loans secured by valuable
papers issued by lending credit institutions;
g. Loans secured by valuable
papers issued, guaranteed by the State Bank of Vietnam, the Government of
Vietnam;
h. Loans guaranteed by the
Government of Vietnam.
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a. Deposits with other credit
institutions in Vietnam and in foreign countries;
b. Valuable papers guaranteed by
local Governments in provinces, cities, issued by other credit institutions;
c. Loans financed by funds
entrusted;
d. Loans secured by valuable
papers guaranteed by Government in provinces, cities, issued by other credit
institutions;
e. Secured, unsecured loans
extended to other credit institutions;
f. Loans guaranteed by other
credit institutions;
g. Finance leases to other
credit institutions.
3. The group of assets which
have the risk weight of 50%
4. The group of assets which
have the risk weight of 100% includes:
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b. Unsecured loans;
c. Finance leases to
individuals;
d. Finance leases to
organisations;
e. Capital participation to,
shares acquisition in enterprises;
f. Values of corresponding
on-balance sheet assets of guarantees, commitments in L/c payment, commitments
for purchase, sale of foreign exchange in a forward transaction;
g. Other assets (excluding
capital participation, shares acquisition in other credit institutions).
III. IMPLEMENTING PROVISIONS
Article 11. Credit
institutions shall report the compliance with the prudential ratios in their
activities provided for in this Regulation in accordance with the information
and reporting regime of the State Bank.
Article 12. Credit
institutions violating provisions of this Regulation shall, depending on the
seriousness of the violation, be punished for administrative violation.
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