THE
STATE BANK OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
29/2016/TT-NHNN
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Hanoi,
October 12, 2016
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CIRCULAR
PROVIDING FOR OVERDRAFT AND OVERNIGHT LENDING OPERATIONS IN THE
INTERBANK ELECTRONIC PAYMENT SYSTEM
Pursuant to the Law on State
Bank No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on
Credit Institutions No. 47/2010/QH12 dated June 16, 2010;
Pursuant to the Government's
Decree No. 156/2013/ND-CP dated November 11, 2013 defining the functions,
tasks, powers and organizational structure of the State Bank of Vietnam;
According to the request of
the Director of the Monetary Policy Department;
The Governor of the State
Bank of Vietnam hereby introduces the Circular on overdraft and overnight
lending operations in the interbank electronic payment system.
Article
1. Scope
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Article
2. Subjects of application
Credit institutions and
foreign bank branches established and operated under the Law on Credit
Institutions who have become members of the interbank electronic payment system
(hereinafter referred to as credit institution).
Article
3. Definition
For the purpose of this
Circular, terms used herein shall be construed as follows:
1. Overdraft in the
interbank electronic payment refers to an arrangement where a credit
institution is allowed to overdraw money greater than the available balance of
a VND checking account opened at a transaction center of the State Bank
(hereinafter referred to as VND checking account).
2. Overnight lending in the
interbank electronic payment refers to an arrangement in which the State Bank offers
a credit institution a loan secured by financial instruments pledged as
collateral within a specified time period starting at the end of the previous
day and ending on the consecutive business day.
3. Remaining term to
maturity of a financial instrument refers to a period of time beginning on the
date on which the State Bank determines its value and ending on the date on
which its principal payment is due.
Article
4. Principles of overdraft and overnight lending in the interbank electronic
payment made at the State Bank
1. Credit institutions shall
have access to overdrafts against any fund deficiency that may arise during
interbank electronic payment activities.
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Article
5. Financial instruments used in overdraft and overnight lending transactions
in the interbank electronic payment operation
Financial instruments used
in overdraft and overnight lending transactions in the interbank electronic
payment operation must meet the following standards:
1. Comply with depository
requirements referred to in regulations on depositing and utilization of financial
instruments deposited with the State Bank.
2. Negotiable.
3. Have been issued as
Vietnam dong-denominated financial instruments.
4. Their minimum remaining
term to maturity is 30 days.
5. Have been emplaced in the
list of financial instruments that can be used in overdraft and overnight
lending transaction in the interbank electronic payment operation, approved by
the Governor of the State Bank.
Article
6. Overdraft limit
Overdraft limit refers to
the maximum amount of money that a credit institution is allowed to overdraw in
excess of the available balance in its VND checking account in the interbank
electronic payment operation, and is calculated according to the following
formula:
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Where:
- Gi : Value of financial
instrument of type i used by a credit institution in overdraft and overnight
lending transactions, and determined according to the Appendix hereto.
- Ri : Percentage
rate of overdraft and overnight lending applied to the financial instrument of
type i, approved by the Governor of the State Bank over time periods.
- i: The type of financial
instrument emplaced in the list of financial instruments that can be used in
overdraft and overnight lending transaction in the interbank electronic payment
operation, approved by the Governor of the State Bank.
- B: Outstanding overnight balance
(including principal balance and interest).
- C: Overdue overnight
balance (including overdue principal balance, deferred interest, interest on
overdue payment of principal balance, interest on deferred interest).
Article
7. Overnight rate
1. The overnight rate shall
be subject to the approval granted by the Governor of the State Bank over time
periods.
2. The interest rate applied
to the overdue principal balance shall be equal to 150% of the overnight rate
stated on the date on which a loan comes into existence; the interest rate
applied to the deferred interest on an overnight loan shall be 10%/year.
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1. Overdraft and overnight
lending procedures in the interbank electronic payment system shall include the
following steps:
a) Credit institutions
deposit their financial instruments pledged as collateral for overdrafts and
overnight loans;
b) The State Bank notifies
overdraft limits to credit institutions;
c) Credit institutions
receive overdrafts and overnight loans;
d) Credit institutions repay
outstanding loan balance;
dd) The State Bank recovers
outstanding loan balance;
e) The State Bank deals with
credit institutions’ overdue loan balances and other related issues that may
arise.
2. The Governor of the State
Bank of Vietnam shall issue the Decision specifically providing for the
overdraft and overnight lending procedures in the interbank electronic payment
system in accordance with regulations laid down in Clause 1 of this Article.
Article
9. Implementation of overdraft and overnight lending operations
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a) At 8 am every business
day, the State Bank (Transaction Center) shall determine and notify the overdraft
limit on interbank electronic payments applied to specific credit institutions.
Where there is any (increasing or decreasing) adjustment to overdraft limits within
a business day due to any change to value of financial instruments used in
overdraft and overnight lending activities or overdue overnight balances, the
State Bank (Transaction center) shall determine and notify such adjustment to
credit institutions. Credit institutions shall be entitled to a reduction in financial
instruments pledged as collateral for overdrafts and overnight loans only if
total value of financial instruments which have already been provided meets the
adjusted minimum overdraft limit which is equal to overdrawn funds;
b) Once a VND checking
account of a credit institution does not have enough money to implement a
payment order in the interbank electronic payment system, a maximum amount
equal to the overdraft limit approved by the State Bank (Transaction center)
shall be automatically overdrawn to pay for that order. Once funds are
deposited into a VND checking account of a credit institution, the payment
system shall automatically repay amounts overdrawn within a business day by
that credit institution.
2. Implementation of
overnight lending operations
a) By the end of a business
day, if a credit institution has an outstanding overdrawn amount, the State
Bank (Transaction center) shall automatically transfer such amount to an
overnight lending account, and notify that credit institution of its
outstanding overnight balance. The credit institution shall be liable for
overnight loan interest as defined in Clause 1 Article 7 hereof;
b) The business day
immediately subsequent to the date on which the amount of interest on overnight
loan arises, the credit institution shall pay the outstanding overnight
principal balance and interest to the State Bank. The credit institution shall
not be entitled to use overdraft as payment for the outstanding overnight
principal balance. By the end of the business day immediately subsequent to the
date on which an overnight loan arises, unless the credit institution pays off
the outstanding overnight principal, the State Bank (Transaction center) shall
carry forward that outstanding overnight principal to the overdue overnight
principal balance and impose the interest rate on it in accordance with Clause
2 Article 7 hereof, and finally send a notification of that overdue overnight
principal to the credit institution.
Article
10. Handling of overdue principal balance
1. On the business day
immediately subsequent to the date on which an overnight loan arises, the State
Bank (Transaction center) shall take action to recover overdue overnight
balance (collecting principal first and interest later) and notify such action
to the credit institution. Such action is provided for as follows:
a) Withdrawing funds from
the VND checking account of the credit institution opened at the State Bank to
recover overdue overnight balance;
b) After such withdrawal, if
overdue overnight principal balance is not fully recovered, the State Bank
(Transaction center) shall be entitled to request the depository of financial
instruments to transfer the right to own these financial instruments from the
credit institution in order to sell those which are unmatured, or contact
issuers of these financial instruments to receive payments due on these financial
instruments till full recovery of such balance. Priority order of financial
instruments for transfer of ownership right to the State Bank shall be based on
the following criteria:
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(ii) Those with the price at
which they are pledged as collateral is higher shall be given higher priority
than the others;
If, after the State Bank has
sold unmatured financial instruments or has received payments from issuers of
matured financial instruments, proceeds therefrom are greater than overdue
overnight balances, the difference between such proceeds and overdue overnight
balances shall be refunded to the credit institution;
c) In case, after actions
referred to in Point a, b of this Clause have been taken, overdue overnight
balances have not been fully recovered yet, the State Bank (Transaction center)
shall recover these balances by collecting other funds (if any) from the credit
institution.
2. With respect to the credit
institution whose overnight loan principal is overdue in 03 successive times
within 01 month, the State Bank (Transaction center) shall suspend overdraft
and overnight lending activities in the interbank electronic payment system for
a period of 10 business days after the date on which the State Bank
(Transaction center) sends a notification of such suspension, and except
otherwise affected by force majeure events, the credit institution shall have
to submit a report to the State Bank (Transaction center).
Article
11. Responsibilities of entities involved
1. Responsibilities of
affiliates of the State Bank
1.1. The Monetary Policy
Department
a) Play its role as the head
or counselor in requesting the Governor of the State Bank to approve and
announce the overnight loan interest rate as specified In Clause 1 Article 7
hereof;
b) Function as the head or
counselor in providing the Governor of the State Bank with the list of financial
instruments that can be used in overdraft and overnight lending activities in
the interbank electronic payment system as stated in Clause 5 Article 5 hereof,
and percentage rates at which overdraft and overnight lending transactions are
implemented with respect to financial instruments referred to in Article 6
hereof.
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a) Function as the head in
preparing and submitting a report to the Governor of the State Bank for his/her
grant of the Decision on overdraft and overnight lending procedures in the
interbank electronic payment system in conformance to regulations laid down in
this Circular and other relevant ones;
b) Determine the overdraft
limit, adjust it and notify it to credit institutions in accordance with this
Circular;
c) Implement overdraft and
overnight lending operations;
d) Inform credit
institutions of outstanding and overdue principal balances;
dd) Recover outstanding
overnight principal balances in accordance with this Circular;
e) Recover overdue overnight
principal balances in accordance with this Circular;
g) Notify credit
institutions of actions to be taken to recover overdue overnight principal
balances, and give notification of suspension of overdraft and overnight
lending operations in accordance with this Circular;
h) Calculate overnight loan
interest, overdue interest on overnight principal balance, and interest on
deferred overnight loan interest, in conformity with regulations set out by the
State Bank;
i) Act as the head in
dealing with difficulties or problems that may arise during implementation of overdraft
and overnight lending operations.
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Provide guidance on
accounting records for overdraft and overnight lending in the interbank
electronic payment made at the State Bank.
1.4. Banking Information
Technology Administration
Assume responsibility for
computer software and other relevant issues to implement overdraft and
overnight lending operations in the interbank electronic payment system which
take place in a smooth, safe and effective manner.
2. Responsibilities of
credit institutions participating in overdraft and overnight lending activities
Observe and take
responsibility for implementing regulations laid down in this Circular.
Article
12. Implementation
1. This Circular shall enter
into force from March 25, 2017 and replace the Decision No. 04/2007/QD-NHNN
dated January 22, 2007 of the Governor of the State Bank on overdraft and
overnight lending applied to the interbank electronic payment.
2. Overnight loans of which
principal balances are outstanding before the entry into force of this Circular
shall be subject to the Decision No. 04/2007/QD-NHNN dated January 22, 2007 of
the Governor of the State Bank on overdraft and overnight lending applied to
the interbank electronic payment.
3. The Chief of Office, the
Director of the Financial Policy Department, Heads of affiliates of the State
Bank of Vietnam, Directors of State Bank branches of centrally-affiliated
cities and provinces, Presidents of Management Boards, and Presidents of Boards
of Directors and General Directors (Directors) of credit institutions and
foreign bank branches, shall be responsible for implementing this Circular./.
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PP.
THE GOVERNOR
THE DEPUTY GOVERNOR
Nguyen Thi Hong
APPENDIX
(Issued
together with the Circular No. 29/2016/TT-NHNN dated October 12, 2016 of the
State Bank on overdraft and overnight lending in the interbank electronic
payment system)
FORMULA FOR DETERMINATION OF FINANCIAL INSTRUMENT VALUE
1. Short-term financial
instruments:
1.1. Short-term financial
instrument on which interest is paid in advance:
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Where:
G: Value of a financial
instrument estimated on the pricing date
MG: Face value of financial
instrument
L: Interest rate applied to
overnight lending arrangements in the interbank electronic payment system
(%/year)
t: Remaining term to
maturity of financial instrument (the number of days left).
1.2. Short-term financial
instrument of which both principal and interest are paid in arrears:
Where:
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GT: Value of matured
financial instrument, including face value and interest
MG: Face value of financial
instrument
L: Interest rate applied to
overnight lending arrangements in the interbank electronic payment system
(%/year)
t: Remaining term to
maturity of financial instrument (the number of days left)
Ls: Interest rate for
issuance of financial instrument (%/year)
n: Tenor of financial
instrument (the number of days left).
2. Long-term financial
instruments:
2.1. Long-term financial
instrument on which interest is paid in advance:
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G: Value of a financial
instrument estimated on the pricing date
MG: Face value of financial
instrument
L: Interest rate applied to
overnight lending arrangements in the interbank electronic payment system
(%/year)
t: Remaining term to
maturity of financial instrument (the number of days left).
2.2. Long-term financial instrument
of which both principal and interest are paid in arrears (interest is not
compounded with principal amount):
Where:
GT = MG * [1 +
(Ls * n)]
G: Value of a financial
instrument estimated on the pricing date
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MG: Face value of financial
instrument
L: Interest rate applied to
overnight lending arrangements in the interbank electronic payment system
(%/year)
t: Remaining term to
maturity of financial instrument (the number of days left)
Ls: Interest rate for
issuance of financial instrument (%/year)
n: Tenor of financial
instrument (year).
2.3. Long-term financial
instrument of which both principal and interest are paid in arrears (interest
is compounded with principal amount):
Where:
GT = MG * (1 +
Ls)n
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GT: Value of matured
financial instrument, including face value and interest;
MG: Face value of financial
instrument
L: Interest rate applied to
overnight lending arrangements in the interbank electronic payment system
(%/year)
t: Remaining term to
maturity of financial instrument (the number of days left)
Ls: Interest rate for
issuance of financial instrument (%/year)
n: Tenor of financial
instrument (year).
2.4. Long-term financial
instruments on which interest is paid periodically:
Where:
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Ci : Amount of
interest and principal payment in the instalment i (exclusive of amount of
interest and principal payment made on the registered final date prior to the
pricing date).
i: Interest and principal
payment instalment i
L: Interest rate applied to
overnight lending arrangements in the interbank electronic payment system
(%/year)
Ti : Time
beginning on the pricing date and ending on the maturity date of principal and
interest payment in the installment i (the number of days).
k: The number of within-year
interest payment installments.