THE STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
03/2008/QD-NHNN
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Hanoi, February 1, 2008
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DECISION
ON
THE LENDING, DISCOUNT OF VALUABLE PAPERS FOR SECURITIES INVESTMENT AND TRADING
THE GOVERNOR OF THE STATE BANK OF VIETNAM
- Pursuant to the Law on the State Bank of Vietnam in 1997 and the Law
on the amendment, supplement of several articles of the Law on the State Bank
of Vietnam in 2003;
- Pursuant to the Law on Credit Institutions in 1997 and the Law on the
amendment, supplement of several articles of the Law on Credit Institutions in
2004;
- Pursuant to the Decree No. 52/2003/ND-CP dated May 19th, 2003 of the
Government providing for the function, assignment, authority and organizational
structure of the State Bank of Vietnam;
Upon the proposal of the Director of Monetary Policy Department,
DECIDES:
Article 1. Credit institutions shall provide loans, perform the
discount of valuable papers for securities investment and trading in compliance
with provisions of applicable laws on banking credit, provisions in this
Decision and other provisions of related laws.
Article 2. Credit institutions shall be entitled to provide loans,
perform the discount of valuable papers for securities investment and trading
upon fully satisfying following conditions:
1. To issue a Regulation on
operation of lending, discount of valuable papers for securities investment and
trading, which contains following contents:
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b. Limit of loan, discount for a
group of related customers;
c. Ratio of outstanding loan,
discount over total outstanding credit;
d. Maximum lending period,
maximum period of time discount;
dd. Loan security asset;
e. Measures for controlling and
preventing credit risks;
2. To send the Regulation
stipulated in paragraph 1 of this Article to State Bank Inspectorate right
after its issuance to make foundation for inspection, supervision over lending
activity, discount of valuable papers for securities investment and trading;
3. To ensure prudential ratios
in operation of credit institutions in accordance with applicable provisions of
the State Bank of Vietnam;
4. The ratio of bad debt over
total outstanding credit is 5%;
5. To carry out accurate
accounting, statistics of loans, discounts of valuable papers for securities
investment and trading; to send reports to the State Bank of Vietnam on time in
line with the form stipulated in the Appendix attached to this Decision.
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1. Lending, discount of valuable
papers for securities company;
2. Providing loan mortgaged by
securities and/or secured by other asset to customers using loan capital for
buying securities;
3. Providing loan by making
advance to customers who have sold securities and use loan capital for buying
securities;
4. Providing loan to customers
to supplement the deficit upon matching securities buying orders;
5. Providing loan to laborers
for buying shares issued in the first time upon transforming state owned
company into joint stock company;
6. Providing loan for making
capital contribution to, buying shares from joint stock company, buying fund
certificate of investment fund;
7. Performing the discount of
valuable papers so as customers can use discounted amount to buy securities;
8. Loans and discounts of
valuable papers in other forms which customers use those amounts to buy
securities;
Securities shall consists of
those stipulated in paragraph 1 Article 6 of the Law on Securities, including
stocks, bonds of public companies in accordance with provisions in paragraph 1,
Article 25 of the Law on Securities.
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1. Risky coefficient of loans,
discounts of valuable papers for securities investment, trading belonging to
“Assets” group shall be 250%;
2. Total outstanding loans,
discount of valuable papers for securities investment, trading shall not be in
excess of 20% (twenty per cent) of charter capital of credit institution.
Article 5. Implementing provisions
1. This Decision shall be
effective after 15 days since its publication in Official Gazette.
2. Following provisions shall
cease their effectiveness: Point 1.3, paragraph 1 of the Directive No.
03/2007/CT-NHNN dated 28 May 2007 of the Governor of the State Bank of Vietnam
on the control over credit scale, quality and lending for securities
investment, trading for monitoring inflation, enhancement of economic growth
and other documents of the State Banks of Vietnam guiding the implementation of
this Directive; point a, b paragraph 5, Article 6 providing for prudential
ratios in operation of credit institutions issued in conjunction with the
Decision No. 457/2005/QD-NHNN dated 19 April 2005 of the Governor of the State
Bank of Vietnam (supplemented under paragraph 7, Article 1 of the Decision No.
03/2007/QD-NHNN dated 19 January 2007 of the Governor of the State Bank); other
provisions of the State Bank of Vietnam which are contrary to this Decision.
3. Since the effective date of
this Decision, credit institutions satisfying the provisions in Article 2 and
paragraph 2, Article 4 of this Decision shall provide credits in accordance
with provisions in this Decision. Credit Institutions which have not yet
satisfied provisions in Article 2 and paragraph 2 Article 4 of this
Decision shall not be entitled to provide loans, perform the discount of
valuable papers for securities investment and trading; they shall be entitled
to continue to provide loans, perform the discount within the permitted limit
upon satisfying provisions in Article 2 and paragraph 2 Article 4.
Article 6. Director of Administrative Department, Director of
Monetary Policy Department and Heads of units of the State Bank of Vietnam,
General Managers of State Bank branches in provinces, cities under the central
Government’s management; Board of Directors and General Directors (Directors)
of credit institutions shall be responsible for the implementation of this
Decision.
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NAME
OF REPORTING CI:
REPORT ON RESULT OF LENDING, DISCOUNT OF VALUABLE PAPERS FOR SECURITIES
INVESTMENT AND TRADING
MONTH.... YEAR 20...
Unit:
billion dong
Norms
Figures
Increase/decrease
over previous month (%)
I. Loan revenue
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1. Classified by loan term
- Short term
- Medium term
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- Long term
2. Classified by demand for
loan capital
- Lending, discount of
valuable papers for securities company
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- Providing loan mortgaged by
securities and/or secured by other asset to customers using loan capital for
buying securities
- Providing loan by making
advance to customers who have sold securities and use loan capital for buying
securities
- Providing loan to customers
to supplement the deficit upon matching securities buying orders;
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- Providing loan for making
capital contribution to, buying shares from joint stock company, buying fund
certificate of investment fund
- Performing the discount of
valuable papers so as customers can use discounted amount to buy securities
- Loans and discounts of
valuable papers in other forms which customers use those amounts to buy
securities
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III. The ratio of outstanding
bad debt from loan, discount of valuable papers for securities investment and
trading
IV. Ratio of outstanding
securities loan over charter capital
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DRAWER
GENERAL
DIRECTOR
Guidance on the table drawing:
1. Subject of application:
commercial banks, foreign bank branches, joint venture banks, finance
companies, central People’s Credit Fund;
2. Ratio of bad debt =
outstanding bad debt from loan, discount of valuable papers for securities
investment and trading / total outstanding loan, discount of valuable papers
for securities investment and trading;
3. Report recipient: Monetary
Policy Department (email: phongcstd@sbv.gov.vn; cstdcstt@yahoo.com)
4. Please clearly state full
name, contact telephone number of person in charge of answering the report’s
contents if requested by the State Bank.
5. Any query that may occur
during the implementation, please contact the following telephone number:
04-8246955