THE STATE BANK
OF VIETNAM
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
38/2016/TT-NHNN
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Hanoi, December
30, 2016
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CIRCULAR
ON
METHODS OF CALCULATING AND ACCOUNTING OF REVENUES AND PAYMENTS OF INTERESTS IN
DEPOSITING AND LENDING OPERATIONS BETWEEN THE STATE BANK OF VIETNAM AND CREDIT
INSTITUTIONS AND OTHER ORGANIZATIONS
Pursuant to the Civil Code No. 91/2015/QH13
dated November 24, 2015;
Pursuant to the Law on the State bank of Vietnam
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 Law on Accounting No.
88/2015/QH13 on dated November 20, 2015;
Pursuant to the Government's Decree No.
156/2013/ND-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State bank of Vietnam;
Pursuant to Decision No. 08/2013/QĐ-TTg dated
January 24, 2013 of the Prime Minister on accounting regulations applicable to
the State Bank of Vietnam;
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The Governor of the State bank of Vietnam
promulgates a Circular on methods of calculating and accounting of revenues and
payment of interests in depositing and lending operations between the state
bank of Vietnam and credit institutions and other organizations.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular deals with:
1. Methods of calculating and accounting of
payments of interests on required reserve deposits and excess reserve deposits
of credit institutions, branches of foreign banks; deposits of other
organizations at the State Bank of Vietnam;
2. Methods of calculating and accounting of
revenues of interests on loans made between the State Bank of Vietnam and
credit institutions or branches of foreign banks.
Article 2. Regulated entities
1. The State Bank of Vietnam (hereinafter referred
to as the State Bank).
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3. Other organizations other than credit
institutions that are eligible for making deposits at the State Bank as
prescribed by law (hereinafter referred to as other organizations).
Article 3. Interpretation of
terms
For the purposes of this Circular, the terms below
shall be construed as follows:
1. Deposits of credit institutions include
required reserve deposits, excess reserve deposits of credit institutions at
the State Bank.
2. Deposits of other organizations mean
deposits of other organizations at the State Bank.
3. Interest means a sum that a credit
institution pays the State Bank for using a sum of loan or a sum that the State
Bank pays a credit institution or another organization for receiving a sum of
deposit.
4. Deposit balance eligible for interest (of
credit institution) means deposit balance in excess of reserve
requirement or deposit balance meeting reserve requirement in reserve maintenance
period determined in accordance with regulations on reserve requirement of the
State Bank in each period.
5. Deposit balance of other organization mean
an actual sum of other organization deposited at the State Bank.
6. Interest duration means a period
of time beginning from the date succeeding the date on which the State Bank
disburse a loan to the date on which principal and interests are fully repaid
or from the date succeeding the date on which the State Bank receive a deposit
to the date on which principal and interests are fully repaid.
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8. Actual loan balance means due principal
balance, overdue principal balance, and late payment interest used for
calculating interests agreed upon in a loan contract and as prescribed by law.
Chapter II
SPECIFIC PROVISIONS
Section 1. TAKING DEPOSITS OF
CREDIT INSTITUTIONS
Article 4. Methods of
calculating interests of deposits of credit institutions
The State Bank and credit institutions will
calculate an interest of each interest period as follows:
Interest
=
∑(Deposit balance
eligible for interest x number of days maintaining reserve requirement x
interest rate)
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Where:
+ Number of days maintaining reserve requirement:
number of days in which the same interest rate of reserve maintenance period in
the interest period.
+ Interest rate: interest rate of deposits of
credit institutions decided by the Governor of the State Bank in each period (%
per year).
Article 5. Paying interests on
deposits of credit institutions
Interests on required reserve deposits or excess
reserve deposits shall be paid in accordance with regulations of the State Bank
on reserve requirement applicable to credit institutions.
Section 2. TAKING DEPOSITS OF
OTHER ORGANIZATIONS
Article 6. Methods of
calculating interests of deposits of other organizations
The State Bank and other organizations will
calculate interest of each interest period as follows:
1. Daily interest shall be calculated according to
the formula below:
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=
Opening deposit balance
of other organization x Interest rate
365
Interest in interest period equals (=) total daily
interest of all days in the interest period.
2. If the number of maintenance days in which
deposit balance is higher than 1 day in the interest period, the State Bank and
other organizations shall calculate interest according to the reduced formula
as follows:
Interest
=
∑(Opening deposit
balances of other organization in maintenance x number of days maintaining
deposit balance x interest rate) <}0{>
365
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3. Interest rates prescribed in Clause 1 and Clause
2 of this Article are interest rates of deposits of credit institutions decided
by the Governor of the State Bank in each period (% per year).
Article 7. Paying interests on
deposits of other institutions
Interests on deposits of other organizations shall
be paid as prescribed by the State Bank.
Section 3. GIVING LOANS
Article 8. Time of overdue
outstanding debts
Up to the due date in which a part of or full of
principal and/or interests as agreed upon in the contract must be repaid but
the credit institution fails to repay full of principal and/or interests to the
State Bank, the State Bank shall mark the amount of unpaid principal and/or
interests as overdue debt.
Article 9. Methods of
calculating loans interest
1. Loan interests include interests on due
principal balance, overdue principal balance, and late payment interests.
2. The State Bank and a credit institution will
calculate interest of each interest period as follows:
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Daily interest
=
∑(Opening loan
balance x <}0{Interest rate)
365
Interest in interest period equals (=) total daily
interest of all days in the interest period.
b) If the number of maintenance days in which loan
balance is higher than 1 day in the interest period, the State Bank and the
credit institution shall calculate interest according to the reduced formula as
follows:
Interest
=
∑(Opening loan
balance x Number of days maintaining loan balance x Interest rate)
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Where: Number of days maintaining loan balance is number
of days in which loan balance remains unchanged in the interest period.
3. Interest rate prescribed in Clause 2 of this
Article is the interest rate applicable to due principal balance, overdue
principal balance, late payment interests as agreed upon and in accordance with
regulations of the State Bank (% per year).
Article 10. Collecting loan
principal and interests
1. The State Bank shall collect loan interests as
agreed upon with the credit institution.
In a case where a credit institution must pay
principal and interest in the same period without any agreement on order of
repayment of principal and interest in such period, if such credit institution
fails to pay principal and interest in whole on time as agreed, the State Bank
shall recover the principal before the interests
If the credit institution repays debt before the
due date without any agreement on order of repayment of principal and interest,
the State Bank shall collect principal and interests at the request of the
credit institution.
2. In case of a foreign currency loan, the State
Bank shall collect interests according to the type of foreign currency used in
the loan. If the interests are collected in another foreign currency or
Vietnamese dong, the contract concluded by the State Bank and the credit
institution shall be executed in accordance with law on foreign exchange
management.
3. If the day on which the interest is collected
falls on the weekend or holiday, it will be moved to the following working day.
Section 4. ACCOUNTING
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1. The State Bank and credit institutions shall do
accounting of interests of depositing, lending, and borrowing operations in
conformity with accounting rules of "accrued interests" and financial
regulations.
2. Revenues and payment of interests in foreign
currencies shall be converted into Vietnamese dong or accounting currency to be
included in income or expenditure.
3. Regarding the State Bank:
a) Accrued interest shall be calculated until the
end day of the month and the last working day of the month;
b) Revenues from lending operation that were
included in the revenues but they are unearned at the end of the collection
period, the State Bank shall record a decrease in revenues (in the same
accounting period) or record it to the expenditure (in different accounting
periods) and include it in off-balance sheet to expedite the collection. When
the amounts are received, they will be included in the revenues;
c) Interests receivable from overdue loans are not
required to be included in the revenues. The State Bank shall monitor the
off-balance sheet to expedite the collection, when an amount is received; it
will be included in the revenues;
d) Competent persons shall install rules for calculating
and accounting of interests in the Core-banking, Accounting, Budgeting
applications and System Integration for SBV (hereinafter referred to as
accounting application system) in accordance with this Circular and regulations
of law on accounting. The calculating and accounting of interests are conducted
in the accounting application system according to the aforesaid installed
rules.
4. Regarding credit institutions: Calculating and
checking the accuracy of interests.
Article 12. Doing accounting
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a) Regarding the State Bank:
(i) Accounting of accrued interests: At the end of
a month, an interest shall be included in the account earning deposit interest
or the account earning accrued interest of the accrued interest period in the
accounting application system according to the preinstalled accounting rules
prescribed in Point d Clause 3 Article 11 hereof. A person in charge shall
check the accuracy of transactions recorded in the system, print accounting
vouchers and store them as prescribed.
If the end of the month falls on a weekend or a
holiday, the accrued interest until the end of the month shall be calculated
and recorded on the last working day of the month.
(ii) Accounting of interest payment: At the time of
paying interests, a person in charge shall enter information and data into the
accounting application system following the procedures for depositing
operation; the person in charge shall check the accuracy of transactions which
are processed and recorded in the system and print accounting vouchers and
store them as prescribed;
b) Credit institutions:
Do accounting of depositing operation as prescribed
in accounting regulations and financial regulations applicable to credit
institutions and regulations of relevant law provisions.
2. Lending operation
a) Regarding the State Bank:
(i) Accounting of accrued interests: At the end of
a month, an interest shall be included in the account earning loan interest or
the accounting earning accrued loan interest of the accrued interest period in
the accounting application system according to the preinstalled accounting
rules prescribed in Point d Clause 3 Article 11 hereof. A person in charge
shall check the accuracy of transactions recorded in the system, print
accounting vouchers and store them as prescribed.
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(ii) Accounting of principal and interest: At the
time of collecting principal and/or interest, according to the contract and
regulations of this Circular, a person in charge shall enter information and
data into the accounting application system following the procedures for
lending operation. The person in charge shall check the accuracy of
transactions that are processed and recorded in the system, print accounting
vouchers and store them as prescribed;
b) Credit institutions:
Do accounting of borrowing operation as prescribed in
accounting regulations and financial regulations applicable to credit
institutions and regulations of relevant law provisions.
Article 13. Making,
circulating, controlling and storing documents
The State Bank and credit institutions must make
sufficient valid and legitimate documents, inspect, control, circulate and
store accounting vouchers as prescribed by the State Bank and relevant law
provisions.
Chapter III
IMPLEMENTATION
Article 14. Responsibilities
of the State Bank units
The State Bank units in charge of depositing and
lending operations shall calculate and promptly and accurately record revenues
and payment of interests and give Debit and Credit notices to credit
institutions and other organizations in accordance with regulations of law.
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1. Each credit institution is entitled to request
the State Bank to provide Debit and Credit notices as prescribed by law.
2. Each credit institution must do calculation and
accounting as prescribed in this Circular.
Article 16. Rights and
responsibilities of other organizations
Each of other organizations is entitled to request
the State Bank to provide Debit and Credit notices and is responsible for
cooperating with the State Bank in collation of interests as prescribed by law.
Article 17. Transitional
provisions
The interests occurring from agreements on lending
or depositing concluded before the effective date of this Circular shall be
kept calculating as prescribed in Decision No. 652/2001/QD-NHNN dated May 17,
2001 of the Governor of the State Bank on promulgation of method of calculating
and accounting of revenues and payment of interests of the State Bank and
credit institutions. Any amendment to regulations on the method of calculating
interests occurring from agreements on lending or depositing after the
effective date of this Circular shall be consistent with this Circular.
After the effective date of this Circular, in case
of an agreement with a provision of automatic extension, the calculation of
interests after extension shall be consistent with this Circular. The State
Bank units shall carry out depositing and lending operations and notify credit
institutions and other organizations of any change to the method of
calculating, collecting and paying interests.
Article 18. Implementation
1. This Circular comes into force from February 2,
2017.
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3. The Chief officers, the Director of the
Department of Finance and Accounting, heads of relevant entities affiliated to
the State Bank, Directors of branches of the State Bank of provinces and
central-affiliated cities, Presidents of the Boards of Directors, Presidents of
the Member assembly and Directors General (Directors) of credit institutions
shall implement this Circular./.
P.P GOVERNOR
DEPUTY GOVERNOR
Dao Minh Tu