STATE BANK OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
26/2022/TT-NHNN
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Hanoi, December
31, 2022
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CIRCULAR
Amendments to certain Articles of Circular No.
22/2019/TT-NHNN dated November 15, 2019 of the Governor of the State Bank of
Vietnam on prudential ratios and limits in operations of foreign banks and
foreign bank branches
Pursuant to the Law on State Bank of Vietnam
dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated
June 16, 2010 and the Law on amendments to the Law on Credit Institutions dated
November 20, 2017;
Pursuant to Decree No. 16/2017/ND-CP dated
February 17, 2017 of the Government on function, tasks, powers and
organizational structures of the State Bank of Vietnam;
At the request of Chief Inspector and supervisor
of the Bank;
The Governor of the State Bank of Vietnam
promulgates a Circular on amendments to certain Articles of Circular No.
22/2019/TT-NHNN dated November 15, 2019 of the Governor of the State Bank of
Vietnam on prudential ratios and limits in operations of foreign banks
and foreign bank branches (FBBs) (hereinafter referred to as “Circular No.
22/2019/TT-NHNN).
Article 1. Amendments to Circular No.
22/2019/TT-NHNN
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“ a) Deposits of domestic and foreign organizations
(including deposits of other credit institutions and FBBs), except:
(i) Escrows and dedicated capital deposits of
clients;
(ii) Demand deposits of State Treasury;
(iii) Term deposits of State Treasury, following
the below road map:
- From the date on which this Circular comes into
force to December 31, 2023: 50% of the balance of deposits of the State
Treasury;
- From January 01, 2024 to December 31, 2024: 60%
of the balance of deposits of the State Treasury;
- From January 01, 2025 to December 31, 2025: 80% of
the balance of deposits of the State Treasury;
- From January 01, 2026: 100% of the balance of
deposits of the State Treasury.”
2. Amendments to Clause 2
of Article 24:
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“Article 23. Entry into force
1. This Circular comes into force from January 01,
2020, excluding the cases prescribed in Clause 2 and Clause 3 of this Article.
2. Foreign banks and FBBs that are able to apply
the capital adequacy ratios referred to herein prior to the date referred to in
Clause 1 of this Article and shall submit an application for implementation of
this Circular to SBV (Bank Supervision and Inspection Agency) in which
capability to implement these ratios and implementation schedule date must be
clearly defined. The date of official implementation of this Circular by
the foreign banks and FBBs that submit the aforementioned application shall be
specified in writing by SBV.
3. 3. The foreign banks and FBBs that are not able
to apply the capital adequacy ratios specified in this Circular shall send
written requests for permission to apply the minimum capital adequacy ratios to
SBV (Bank Supervision and Inspection Agency) and SBV’s branches where their
headquarters are located by January 01, 2020.
The request shall specify the reasons for
application of the minimum capital adequacy ratios from January 01, 2020, the
plan (solutions and road map) for ensuring compliance to this Circular by
January 01, 2023, except for banks that follow the road map specified in the
Plan for restructuring of under the Prime Minister’s Decision No. 1058/QD-TTg
dated July 19, 2017. The date of application of this Circular shall be the date
written in the request or the approved plan for restructuring in association
with handling of non-performing loans under Decision No. 689/QD-TTg dated June
08, 2022 of the Prime Minister approving the Scheme for “Restructuring of the
system of credit institutions in association with handling of non-performing
loans for the period of 2021-2025” (hereinafter referred to as “Restructuring
Plan). Banks those are not able to apply the capital adequacy ratios as
specified in this Circular must formulate plans (solutions and road maps) for
ensuring compliance to the regulations in this Circular, apply the Restructuring
Plan and enquire advice of competent authorities as prescribed.
The time for application of this Circular is the
time recorded in the written request or road map of the approved Restructuring
Plan. During the period before applying this Circular, banks shall apply the
capital adequacy ratios according to the regulations of the SBV on prudential
ratios and limits in operations of foreign banks and foreign bank branches.””
Article 2. Responsibilities of implementation
Chiefs of Offices, Chief Inspectors, banking
supervisors, Heads of units affiliated to the State Bank of Vietnam, foreign
banks and FBBs are responsible for implementation of this Circular.
Article 3. Implementation clauses
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PP. GOVERNOR
DEPUTY GOVERNOR
Doan Thai Son