THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom-Happiness
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No.
04/2004/CT-NHNN
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Hanoi,
April 1, 2004
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DIRECTIVE
ON
THE ENHANCEMENT OF MANAGEMENT, SUPERVISION TO ENSURE THE PRUDENCE - EFFICIENCY
- SUSTAINABILITY IN THE CREDIT ACTIVITY
Credit Institutions have, in
recent time, taken practical measures in the enhancement of the credit quality
and have gained positive achievements. There are, however, still potential
risks contained in the credit activities, signs of the return of subsidies, bad
debts continue occurring. This situation has mainly resulted from the
inadequate compliance with the lending regulation, provisions on the
examination, supervision of credit institutions' activities; Many Credit
Institutions have not yet satisfied prudential ratios for the credit
activities, not paid adequate attention to the demand and supply issue in the
credit market.
In order to minimize the risks
in banking activities, to continuously enhance the prudence - efficiency -
sustainability in credit activities, the State Bank's Governor requires the
Board of Directors, General Directors (Directors) of Credit Institutions, Heads
of units of the State Bank of Vietnam to implement the followings:
I. IN RESPECT OF CREDIT
INSTITUTIONS
1. To fully and seriously comply
with provisions of applicable laws on lending, guarantee and finance leasing.
Each Credit Institution shall review its guidance of the State Bank's provisions
on each form of credit extension to timely supplement, amend and make them in
line with practical banking activities and ensure, at the same time, the
compliance with provisions of applicable laws, enhance the examination,
supervision of credit activities in order to minimize credit risks.
2. To take measures to
efficiently implement the guidance of the State Bank's Governor on the
enhancement of the credit quality in accordance with the Directive No.
08/2003/CT-NHNN dated 24 December, 2003 of the State Bank's Governor.
3. To seriously comply with
provisions stated in the Regulation on lending by credit institutions to
customers issued in conjunction with the Decision No. 1627/2001/QD-NHNN dated
31 December, 2001 of the Governor of the State Bank. Credit Institutions should
base on provisions of the Regulation on lending by credit institutions to
customers to provide guidance to units of their system on the assessment of the
lending in the principle of initiative and flexibility and in line with their
actual conditions, but the prudence and sound legality must be ensured for
settlement in the event of disputes. In the consideration of credit extension
to projects, plans, the efficient use of funds should be assessed, specifically
as follows:
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On the basis of the determined
credit extension orientation, credit institutions need to cooperate with each
other to select investment projects, production and business plans with high
efficiency to extend credits; especially to projects, which required a
substantial amounts of funds and the co-financing of several credit
institutions.
3.2. In respect of the funds
commercial banks invest in projects with the participation in lending by
organizations, which are not credit institutions: banks must ensure the
prudence and efficiency of investment funds, the full recovery of funds and the
compliance with current provisions of the laws on lending, loan security,
provisions on prudential ratios, minimization of the maturity risks.
3.3. Credit Institutions shall
seriously comply with provisions on the provision, exploitation and use of
credit information, prevent the situation where a customer borrows funds from
several credit institutions without any examination, assessment of the risk
levels.
4. To comply with provisions on
the prudence relating to credit activities, take self responsibility for the
prudence and efficiency of credit activities.
4.1. Credit Institutions must
actively set up a plan for the mobilization and use of funds in order to secure
the safety of general activities as well as of the reasonable structure of the
fund sources and their uses in terms of their maturity in the credit
activities. Carry out the regular supervision and examination of the compliance
with provisions on the maximum ratio of short-term funds, which can be used for
extending medium, long term loans.
4.2. To carry out the
classification of Assets by level of risks and make provisions for risks in
accordance with applicable provisions, actively and timely deal with risks arising
in credit activities under current provisions. To avoid the lingering of debts
that reduces the credit quality.
4.3. To take positive measures
to actively increase the ratio of capital adequacy. Credit institutions, which
do not achieve the capital adequacy ratio of 8%, must have specific solutions
to increase the ratio of their own capital over the risk-based assets to and
more than 8%.
4.4. To strictly comply with
provisions on the lending limit, the maximum guarantee for a single customer,
to actively recommend solutions to timely satisfy the loan requirements of
customers and secure, at the same time, the prudence, quality and efficiency of
credit activities.
4.5. To strictly comply with
provisions on loan security of credit institutions in accordance with
provisions of Government and the guidance of the State Bank. To pay attention
to measures for securing the safety of credit funds, especially for cases where
the lending is made without security or with security assets created from
borrowed funds.
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5.1. To classify, assess the
potential recovery of the total debts which have been rescheduled, adjusted in
respect of the term and overdue debts. To concentrate officers, on this basis,
to collect debts, to avoid the lingering of debts and the situation where
repayable customers are not adequately pressed for repayment of bank debts; To
take measures for the collection of debts, including the deduction of deposit
account for debt recovery. There should be the determination to prevent new
overdue debts from arising due to subjective reasons.
5.2. In respect of debts which
customers, who are financially capable or have assets but intentionally refuses
to repay debts of banks:
a. To complete procedures to
initiate a court suit against customers, who violate the credit agreement in
accordance with provisions of applicable laws;
b. To closely coordinate with
the court judgment execution authority in the locality to collect debts. In
case where credit institutions manage assets but do not yet put them on sale,
they should complete files, documents to sell them for debt recovery.
c. To consolidate and report to
the State Bank's Governor on the settlement result for deferred debt on the
six-month basis.
6. To enhance the coordination,
combination between units within a credit institution and between credit
institutions in their credit activity to strictly control the compliance with
the credit extension procedure, to ensure the strict monitoring of loans from
their origination to the complete collection.
II. IN RESPECT OF UNITS OF
THE STATE BANK OF VIETNAM
1. For units at the Head office of the State Bank of Vietnam
1.1. Within the scope of their
function and assignment, units at the Head office of the State Bank of Vietnam
should well perform the supervisory function, assignment of the Central Bank
vis--vis credit institutions to early discover and timely deal with obstacles,
recommendations of credit institutions and related units, facilitate the credit
activity on the principle of prudence- efficiency - sustainability, to enhance
the supervisory and managerial role of the State Bank of Vietnam.
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1.3. The Banks Department should
study and submit to the State Bank's Governor on the expansion of debts, which
could be written down or off with the risk provisions in the direction of the
increase of the autonomy and self-responsibility of credit institutions, to
facilitate credit institutions' active dealing with lingering debts, which can
not be collected due to objective reasons, and are not within those debts,
which can be settled in accordance with current provisions of the State.
2. Branches of the State Bank of Vietnam in provinces, cities under the
central Government's management
2.1. General Managers of
branches of the State Bank of Vietnam in provinces, cities under the central
Government's management should regularly follow up and coordinate with local
credit institutions to have specific measures to enhance the autonomy, the
self-responsibility in the business activity of credit institutions and to
prevent unhealthy competition between credit institutions.
2.2. To carry out the
verification, supervision of the compliance with provisions of the applicable
laws on the lending and the regime of loan security, on the guarantee and
finance leasing made by credit institutions.
2.3. To consolidate and fully,
specifically and timely report to the State Bank of Vietnam (Credit Department)
on the performance by local credit institutions of the implementation of the
directive of the State Bank's Governor stated in this Directive on monthly
basis.
III. ORGANIZATION OF THE
IMPLEMENTATION
1. Heads of related units at the
Head office of the State Bank of Vietnam, the Board of Directors, General
Directors (Directors) of Credit Institutions, General Managers of branches of
the State Bank of Vietnam in provinces, cities under the central Government's
management and related units shall be responsible for the serious
implementation of this Directive.
2. This Directive shall be
effective after 15 days from its publication in the Official Gazette.
Any obstacle which may arise
during the implementation shall be reported by units to the State Bank's
Governor for consideration and solution.
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THE
GOVERNOR OF THE STATE BANK
Le Duc Thuy