THE STATE BANK
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.:
42/2016/TT-NHNN
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Hanoi, December
30, 2016
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CIRCULAR
PRESCRIBING CREDIT
RATING OF PEOPLE’S CREDIT FUNDS
Pursuant to the Law on State Bank of Vietnam No.
46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Credits 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 functions, tasks, powers and
organizational structure of the State Bank of Vietnam (SBV);
At the request of the Head of the SBV Banking
Supervision Agency;
The Governor of the State Bank of Vietnam hereby
promulgates the Circular prescribing the credit rating of people’s credit
funds.
Chapter I
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Article 1. Scope
This Circular provides for the credit rating of
people’s credit funds.
Article 2. Regulated entities
1. This Circular shall apply to the following
entities:
a) People’s credit funds;
b) Organizations and individuals involved in the
credit rating of people’s credit funds.
2. This Circular shall not apply to:
a) People’s credit funds that are placed under
special control;
b) People’s credit funds that are following
procedures in case their establishment and operation licenses are revoked as
prescribed by law;
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Article 3. Methods of credit rating of people’s
credit funds
1. People’s credit funds shall be rated according
to the criteria specified in Article 5 hereof.
2. People’s credit funds shall be rated A
(Excellent), B (Good), C (Fair) or D (Poor) according to Article 12 hereof.
Article 4. Credit rating materials, data and
information
1. Materials and information used for credit rating
of people’s credit funds include:
a) Statistical reports prepared according to
regulations on statistical reporting by people’s credit funds;
b) Independent auditor’s reports and management
letters; reports on internal inspection and assessment of internal control
system; internal audit reports and audit documents (if the people’s credit fund
is subject to audit);
c) Internal regulations/procedures and charter of
the people’s credit fund;
d) Balance sheets; annual financial statements (if
a people’s credit fund is subject to independent audit, its financial
statements must be audited in accordance with regulations of law);
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e) Minutes of works between the SBV Banking
Supervision Agency and the people’s credit fund, and written representations
made by the people’s credit fund at the request of the SBV Banking Supervision
Agency;
g) Inspection reports of relevant agencies,
including tax authorities, Deposit Insurance of Vietnam, and Co-operative Bank
of Vietnam.
2. Figures and data used for evaluation and
calculation of credit rating scores:
a) Figures used for scoring of capital (except
maintenance of capital adequacy ratio), asset quality and business efficiency
criteria are those released on December 31 of the credit rating year;
b) Scores of maintenance of capital adequacy ratio,
management, administration and control, and solvency shall be calculated
according to periodical inspection reports in the fiscal year.
Article 5. Credit rating criteria and scores
thereof
Total score of credit rating criteria is 100 points
and is the sum of the following component scores:
1. Capital: 10 points.
2. Asset quality: 30 points.
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4. Business efficiency: 10 points.
5. Solvency: 20 points.
Chapter II
SPECIFIC PROVISIONS
Section 1. SCORING OF CREDIT RATING CRITERIA
Article 6. Capital
The maximum score and minimum score of the capital
criterion are 10 points and 0 point respectively. The capital criterion
includes 3 sub-criteria as follows:
1. Charter capital/legal capital ratio:
a) 500% or higher: 3 points;
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c) From 300% to under 400%: 1 point;
d) Less than 300%: 0 point.
2. Capital adequacy ratio:
a) 10% or higher: 5 points;
b) From 9% to under 10%: 3 points;
c) From 8% to under 9%: 1 point;
d) Less than 8%: 0 point.
3. Maintenance of capital adequacy ratio:
The people’s credit fund that has complied with
SBV’s regulations on minimum capital adequacy ratios during the year will be
given 2 points. 1 point will be deducted from total score of this
sub-criterion for each violation against regulations on capital adequacy ratio
(regardless of time of commission of the violation in the year) but no more
than 2 points can be deducted.
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The maximum score and minimum score of the asset
quality criterion are 30 points and 0 point respectively. The asset quality
criterion includes 3 sub-criteria as follows:
1. Ratio of bad debts to total outstanding loans:
a) 0%: 14 points;
b) Above 0% to 1%: 12 points;
c) Above 1% to 2%: 10 points;
d) Above 2% to 3%: 8 points;
dd) Above 3% to 4%: 4 points;
e) Above 4%: 0 point.
2. Ratio of non-performing loans to total
outstanding loans:
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b) Above 0% to under 0,5%: 9 points;
c) From 0,5% to under 1%: 7 points;
d) From 1% to under 1,5%: 5 points;
dd) From 1,5% to under 2%: 3 points;
e) 2% or higher: 0 point.
3. Ratio of doubtful debts to total outstanding
loans:
a) 0%: 6 points;
b) Above 0% to under 1%: 5 points;
c) From 1% to under 2%: 4 points;
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dd) From 3% to under 4%: 2 points;
e) 4% or higher: 0 point.
Article 8. Management, administration and
control
The maximum score and minimum score of the
management, administration and control criterion are 30 points and 0 point
respectively. The management, administration and control criterion includes 4
sub-criteria as follows:
1. Compliance with regulations of the Law on Credit
Institutions and SBV’s regulations on eligibility requirements and standards of
members of Boards of Directors, Control Boards or full-time controllers, and
Directors: 3 points. Each member of the Board of Directors, Control Board or
full-time controller, or Director fails to meet any eligibility requirements or
standards: 1 point will be deducted (no more than 3 points can be deducted).
2. Compliance with regulations of the Law on Credit
Institutions and SBV’s regulations on capital contribution, transfer and return
of stakes, eligibility requirements to be satisfied by capital contributors,
and operating areas: 2 points. 1 point will be deducted for each violation but
no more than 2 points can be deducted.
3. Compliance with regulations of the Law on Credit
Institutions and SBV’s regulations on operations: 23 points. The following
points will be deducted for violations committed by the people’s credit fund:
a) It fails to promulgate internal regulations,
internal procedures and charter of the people’s credit fund, or contents of its
internal regulations, internal procedures and charter are not conformable with
regulations of law. In this case, 1 point will be deducted for each inadequate
or unconformable regulation, procedure or charter but no more than 2 points can
be deducted;
b) It fails to comply with internal regulations, internal
procedures or charter. In this case, 1 point will be deducted for each
violation (regardless of time of commission of the violation in the year) but
no more than 2 points can be deducted;
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d) Loans are provided for profiteering or
appropriation of money or assets of the people’s credit fund. 6 point will be
deducted for each violation but no more than 6 points can be deducted.
4. Compliance with regulations on reporting and
information provision: 2 points. The following points will be deducted for
violations committed by the people’s credit fund:
a) If it has insufficiently submitted reports or
failed to submit reports by the deadlines prescribed by SBV to the relevant
SBV’s branch of province or city where the office of the SBV Banking
Supervision Agency is not available (hereinafter referred to as “SBV’s
provincial branch”) or to the office of SBV Banking Supervision Agency for 2
times or more, 1 point will be deducted;
b) If it has submitted reports containing
inaccurate information or data for 2 times or more, 1 point will be deducted.
Article 9. Business efficiency
The maximum score and minimum score of the business
efficiency criterion are 10 points and 0 point respectively. The business
efficiency criterion includes 3 sub-criteria as follows:
1. Ratio of profit to total revenue:
a) 10% or higher: 4 points;
b) From 5% to under 10%: 3 points;
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d) Less than 1%: 0 point.
2. Ratio of profits to average total assets:
a) 2% or higher: 4 points.
b) From 1,5% to under 2%: 3 points;
c) From 1% to under 1,5%: 2 points;
d) Less than 1%: 0 point.
3. Ratio of net profit to charter capital:
a) 10% or higher: 2 points;
b) From 8% to under 10%: 1 point;
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Article 10. Solvency
The maximum score and minimum score of the solvency
criterion are 20 points and 0 point respectively. The solvency criterion
includes 3 sub-criteria as follows:
1. The solvency ratio in the following business
day:
a) The ratio is always higher than or equal to 1: 8
points;
b) The ratio is smaller than 1 one time: 4 points;
c) The ratio is smaller than 1 two times: 1 point;
d) The ratio is smaller than 1 three times or more:
0 point.
2. The solvency ratio in the following 7 business
days:
a) The ratio is always higher than or equal to 1: 8
points;
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c) The ratio is smaller than 1 two times: 1 point;
d) The ratio is smaller than 1 three times or more:
0 point.
3. The maximum ratio of short-term capital used for
granting medium-term and long-term loans:
a) The ratio is always smaller than or equal to
30%: 4 points;
b) The ratio is higher than 30% one time: 2 points;
c) The ratio is higher than 30% two times: 1 point;
d) The ratio is higher than 30% three times or
more: 0 point.
Article 11. Calculation of total rating scores
Total rating score of a people’s credit fund shall
be the sum of points of the criteria in Articles 6, 7, 8, 9 and 10 hereof.
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Article 12. Rating
1. A people’s credit fund shall be rated: A
(Excellent) if its total score is 80 points or higher; B (Good) if its total
score is from 70 points to under 80 points; C (Fair) if its total score is from
60 points to under 70 points; D (Poor) if its total score is under 60 points.
2. The rating assigned to a people’s credit fund
will be downgraded to a lower rating if it has 1 criterion or more, or 2 or
more sub-criteria of any criterion, given “0” point.
Article 13. Rating procedures
1. By April 30 every year, SBV’s provincial
branches and offices of SBV Banking Supervision Agency shall complete the
credit rating of people’s credit funds in the previous year.
2. Within 05 working days from the day on which
credit rating results are given, each SBV’s provincial branch or office of SBV
Banking Supervision Agency shall submit reports on credit rating results of
local people’s credit funds, which are made according to the form No. 01 or
form No. 02 enclosed herewith, to SBV's Governor (through the SBV Banking
Supervision Agency).
3. By June 15 every year, the SBV Banking
Supervision Agency shall play the leading role in appraising and requesting the
SBV’s Governor to issue a decision on approval of credit rating results of
people’s credit funds, which shall be then sent to relevant SBV’s provincial
branches and offices of SBV Banking Supervision Agency for implementation.
Article 14. Notification and management of
credit rating results
1. Within 05 days from the receipt of credit rating
results approved by SBV’s Governor, SBV’s provincial branches and offices of
SBV Banking Supervision Agency shall notify such credit rating results to each
of local people’s credit funds.
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Chapter III
IMPLEMENTATION
Article 15. Effect
1. This Circular comes into force from May 01,
2017.
2. The credit rating of people’s credit funds in
2016 shall be carried out according to Decision No. 14/2007/QD-NHNN dated April
09, 2007 by the Governor of the State Bank of Vietnam.
3. The Decision No. 14/2007/QD-NHNN dated April 09,
2007 by the Governor of the State Bank of Vietnam shall cease to have effect
from the effective date of this Circular.
Article 16. Implementation
Chief of SBV’s Office, Head of SBV Banking
Supervision Agency, heads of relevant units affiliated to SBV, Directors of
SBV’s provincial branches, Chairpersons of Boards of Directors and Directors of
people’s credit funds shall implement this Circular.
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PP. GOVERNOR
DEPUTY GOVERNOR
Nguyen Phuoc Thanh
FORM NO. 01
(Enclosed with
Circular No. 42/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam)
BRANCH OF THE STATE BANK OF VIETNAM/ OFFICE OF SBV
BANKING SUPERVISION AGENCY IN…………….
REPORT ON CREDIT
RATING RESULTS OF PEOPLE’S CREDIT FUNDS
Year …
No.
Name of
people’s credit fund
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Rating
Capital
Asset quality
Management,
administration and control
Business
efficiency
Solvency
Total score
Rating
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
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Note: In columns (3), (4), (5), (6), (7),
specific points given according to the maximum score of each criterion shall be
specified.
CHIEF
INSPECTOR/MAKER
…..............[place],
……................[date]
DIRECTOR/ HEAD OF OFFICE OF SBV BANKING SUPERVISION AGENCY
FORM NO. 02
(Enclosed with
Circular No. 42/2016/TT-NHNN dated December 30, 2016 of the Governor of the
State Bank of Vietnam)
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REPORT
ON CREDIT RATING RESULTS OF ……..….. (name of the people’s credit
fund)
Year …
No.
Criteria
Scores of
criteria
Notes (*)
Maximum score
Achieved score
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(2)
(3)
(4)
(5)
I
Capital
10
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Charter capital/legal capital ratio
3
Capital adequacy ratio
5
Maintenance of capital adequacy ratio
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II
Asset quality
30
Ratio of bad debts to total outstanding loans
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Ratio of non-performing loans to total
outstanding loans
10
Ratio of doubtful debts to total outstanding
loans
6
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III
Management, administration and control
30
Compliance with regulations of the Law on Credit Institutions
and SBV’s regulations on eligibility requirements and standards of members of
Boards of Directors, Control Boards or full-time Controllers, and Directors
3
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Compliance with regulations of the Law on Credit Institutions
and SBV’s regulations on capital contribution, transfer and return of stakes,
eligibility requirements to be satisfied by capital contributors, and
operating areas
2
Compliance with regulations of the Law on Credit Institutions
and SBV’s regulations on operations
23
Compliance with regulations on reporting and
information provision
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IV
Business efficiency
10
Ratio of profit to total revenue
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Ratio of profits to average total assets
4
Ratio of net profit to charter capital
2
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V
Solvency
20
Solvency ratio in the following business day
8
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Solvency ratio in the following 7 business days
8
Maximum ratio of short-term capital used for
granting medium-term and long-term loans
4
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100
Rating
Notes:
1. This form is used for credit rating of each
people’s credit fund;
2. The “Note (*)” column shall specify other
information (e.g. a people’s credit fund is downgraded);
3. “average total assets” are total assets
determined according to SBV’s regulations on financial statements of people’s
credit funds, and calculated by adopting the following formula: Average total
asset = (beginning value of assets + ending value of assets)/2.
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5. “capital adequacy ratio”, “solvency ratio”
and “maximum ratio of short-term capital used for granting medium-term and
long-term loans” are determined according to SBV’s regulations on limits
and prudential ratios of people’s credit funds.
6. “total outstanding loans” and “bad debts” are
determined according to SBV’s regulations on debt classification and
establishment of provisions for risks incurred during operation of people’s
credit funds.
CHIEF
INSPECTOR/MAKER
….............[place],
….................[date]
DIRECTOR/ HEAD OF OFFICE OF SBV BANKING SUPERVISION AGENCY