THE STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No. 02/2013/TT-NHNN
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Hanoi, January 21, 2013
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CIRCULAR
PROVIDING
ON CLASSIFICATION OF ASSETS, LEVELS AND METHOD OF SETTING UP OF RISK
PROVISIONS, AND USE OF PROVISIONS AGAINST CREDIT RISKS IN THE BANKING ACTIVITY
OF CREDIT INSTITUTIONS, FOREIGN BANKS’ BRANCHES
Pursuant to the Law on the
State bank of Vietnam No. 46/2010/QH12, of June 16, 2010;
Pursuant to the Law on
credit institutions No. 47/2010/QH12, of June 16, 2010;
Pursuant to the
Government’s Decree No. 96/2008/ND-CP, of May 26, 2008 defining the functions,
tasks, powers and organizational structure of the State bank of Vietnam;
After obtaining consensus
with the Ministry of Finance;
At the proposal of the
Chief of banking Inspection and supervision;
The Governor of the State
bank promulgates this Circular providing on classification of assets, levels
and method of setting up of risk provisions, and use of provisions against
credit risks in the banking activity of credit institutions, foreign banks’
branches,
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GENERAL PROVISIONS
Article
1. Scope of regulation
1. This
Circular provides on classification, levels and method of setting up of risk
provisions, and use of provisions against credit risks in the banking activity for
assets (hereinafter referred to as debts) including:
a) Loans;
b) Financial leases;
c) Discounts,
rediscounts of negotiable instruments and other valuable papers;
d) Factoring;
dd) Credit extensions
under form of credit card issuance;
e) Payments on behalf of
someone under off-balance
sheet commitments;
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h) Credit extension
entrustment;
i) Deposits (excluding
deposit for payment) at domestic credit institutions, foreign banks’ branches
in Vietnam as prescribed by law and deposits at foreign credit institutions.
2. Guarantee
amounts, payment
acceptances, lending commitments which are irrevocable (hereinafter referred to
as off-balance sheet commitments) must be classified as prescribed in this
Circular in order to manage, supervise quality of credit extension activity of
credit institutions, foreign banks' branches.
3. The
setting up and use of provisions for the fall of inventory prices, the loss
of financial investments, the loss of bad receivable debts, excluding amounts
specified in clause 1 this Article shall comply with regulation of law.
Article
2. Subjects of application
1. This Circular
applies to:
a) Credit institutions,
including: commercial banks and non-bank credit institutions;
b) Foreign banks'
branches.
2. Foreign
banks' branches which apply policy on risk provisions of foreign banks in for
classification of debts, off-balance sheet commitments, setting un and use of
provisions against credit risks must be accepted by the State bank of
Vietnam (hereinafter referred to as the State bank) with condition that such policy
are more progressive and preeminent than provisions in Article 6 of this
Circular. Dossiers, orders, procedures for being
accepted by the State bank to apply the policy on risk provisions of foreign
banks shall comply with provisions in clause 3, clause 4 Article 11 of this
Circular.
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4. If credit
institutions during implementation of plan on re-structuring, merging,
consolidating have difficulties in classification of debts, off-balance sheet
commitments, setting up and use of provisions against credit risks, they should
report to the Governor of the State bank for having the handling measures
aiming to ensure the system’s safety.
Article
3. Interpretation of terms
In this Circular, the
below terms are construed as follows:
1. Credit
risks in banking activity (hereinafter referred to as
risks) mean loss which able to happen with respect to debts of credit
institutions, foreign banks’ branches because customers fail to implement or
have no capacity to implement part or whole their obligations as committed.
2. Debt
amounts mean amounts which credit institutions, foreign banks’ branches
has sent or disbursed each times under agreements for debts specified in clause
1 Article 1 of this Circular.
3. Risk
provisions mean the amounts set up and accounted into the operational cost
in order to provide for losses which may happen for debts of credit
institutions, foreign banks’ branches. Risk
provisions include specific provisions and general provisions.
4. Specific
provisions mean the amount set up in order to provide for losses which may
happen for each specific debt.
5. General
provisions mean the amounts set up in order to provide for losses which may
happen but have not defined when setting up specific provisions.
6. Overdue
debt means a debt which part or whole of its principal and interest has become overdue.
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8. Bad debt
(NPL) means debts which have been classified as those in Groups
3, 4 and 5.
9. Rate of
bad debt means rate of bad debts in comparison with total debts of from
group 1 to group 5.
10. Rate of
bad credit extensions means rate total debts and
off-balance sheet commitments of from group 3 to group 5 in comparison with
total debts and off-balance sheet commitments of from group 1 to group 5.
11. Customers
mean organizations (including credit institutions, foreign banks’
branches), individuals, other subjects as prescribed by civil law which have
relationship on credit extension, deposit; issuance of bonds, valuable papers,
which have been bought by credit institutions or foreign banks’ branches.
12. Use of
provisions against credit risks means accounting
of credit institutions, foreign banks’ branches in order to transfer debts
which have been dealt with risks to the off-balance sheet accounts and continue following
up, having measures for full debt recovery as the contracts have signed, or
commitments have agreed with customers.
Article
4. Collecting customers’ data, information and the information technology
1. Credit
institutions, foreign banks’ branches must have measures and regularly
implement collection, use of customers’ information, data, including information
from the Credit Information Center (CIC), for:
a) Amending and
supplementing the internal credit ranking system, internal regulations on
credit extension, loan management, policy on risk provisions.
b) Following up, assessing
the capability
of customers to pay debts after having ranked under
the internal credit ranking system, had proper measures to control risks,
manage credit quality.
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2. Credit
institutions, foreign banks’ branches must formulate an information technology
system in their whole system for meeting requirements on management of
customers’ data, information, operation and management of internal credit
ranking system, risk management, classification of debts, off-balance sheet
commitments, setting up and use of provisions in order to deal with
risks.
Article
5. Internal credit ranking system
1. Internal
credit ranking system means a system including financial and non-financial
criteria, processes for assessing customers on the basis of financial
qualitative and quantitative, business and administration situation, and
prestige of customers. The internal credit ranking system must be
formulated for each subject of various customers, including subjects restrained
from credit extension and related persons of these subjects.
2. The
internal credit ranking system must be formulated under the following
principles:
a) Being formulated on the
basis of data and information of all customers which have been collected within
at least 01 (one) year preceding year of its formulation.
b) At least each year one
times, the internal credit ranking system must be considered, amended and
supplemented on the basis of data and information of customers which have been
collected during year.
c) Having regulation on
ranking levels corresponding to risk extents from low up high.
d) Being approved by the
Board of Directors (for credit institutions being joint-stock company), the
Members' Council (for credit institutions being limited liability companies),
General Director or Director (for foreign banks’ branches).
3. Credit
institutions, foreign banks’ branches must formulate the internal credit
ranking system in order to rank customers periodically or as necessary, doing
as basis for approval of credit extension, management of credit quality,
formulation of policy on risk provisions in conformity with operational scope
and actual situation of credit institutions, foreign banks’ branches.
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4. Within 10
(ten) days after issuing, amending and supplementing the internal credit
ranking system, credit institutions, foreign banks’ branches must send directly
or via post to the State bank (the banking inspection and supervision agency)
the following documents:
a) For new issuance:
(i) A written report on
issuance and application of an internal credit ranking system;
(ii) An internal credit ranking
system, documents which describe internal credit ranking system, process of
collecting customers' information and data, ranking customers;
(iii) Guidance for use of internal
credit ranking system, including division of duty, authorization in collecting
customers' information and data, ranking customers;
b) For amendments and
supplementations :
(i) A written report on
amendments and supplementations to internal credit ranking system, clarifying
reason of amendments and supplementations;
(ii) Documents amending
and supplementing internal credit ranking system and guidance for use of
internal credit ranking system.
Article
6. Internal regulations on credit extension, loan management, policy on risk
provisions
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2. Internal
regulations on credit extension, loan management must meet minimally the
following conditions:
a) Being formulated on the
basis of data and information of customers which have been collected, results
of customer ranking under the internal credit ranking system;
b) Being unified for use
in all system, doing as basis for approval, extension of credit, management of
loans for specific customers;
c) Having regulations on
credit policy applicable to customers, including regulations in condition of credit
extension, limit of credit extension, interest, dossiers, orders, procedures
for, process of appraisal, approval of credit extension, management of loans;
d) Having regulations on
management aiming to ensure compliance with regulations of the State bank on
rates for safe assurance in activity of credit institutions, foreign banks’
branches;
dd) Having regulations on
duties, powers of units, individuals in appraisal, credit extension, credit
quality control, appraisal, management of security assets;
e) Having regulations on
process, content of inspection, supervision before, during and after extending
credit;
g) Having regulations on
security measures, appraisal and management of security assets;
h) Having regulation on
self-defining value of security assets including principles, methods, process
and duties of each unit, individual related to defining value of security assets,
ensuring to be proper with regulations of law on security assets and aiming to
implement defining of value of security assets which shall be deducted when
calculating the specific amounts set up provisions as specified in clause 5
Article 12 of this Circular;
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3. A policy
on risk provisions must meet minimally the followings requirements:
a) In conformity with
regulations of law on financial, accounting and report, statistical regimes;
b) Having process to
collect customers’ data and information, ensuring exact classification of
debts, off-balance sheet commitments, management of bad debts, management of
bad credit extension balance, setting up the sufficient provision as
prescribed;
c) Having specific
regulations on classification of debts, off-balance sheet commitments, levels
and method of setting up of risk provisions, and use of provisions against
credit risks in the banking activity for each customer periodically,
irregularly;
d) Having regulations on
powers, duties of units, individuals in classification of debts, off-balance
sheet commitments, setting up of risk provisions, and use of provisions against
credit risks in the banking activity;
e) Having mechanisms to
inspect, supervise and report for contents prescribed from point a to point d
of this clause.
Article
7. Report on internal regulations on credit extension, loan management, policy
on risk provisions
Within 10 (ten) days after
issuing, amending and supplementing the internal regulations on credit
extension, management of loans, policy on risk provisions, credit institutions,
foreign banks’ branches must send directly or via post to the State bank (the
banking inspection and supervision agency) 01 set of dossier including the
following documents:
a) For new issuance:
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(ii) Internal regulations
on credit extension, loan management, policy on risk provisions.
b) For amendments and
supplementations:
(i). A written report on
amending and supplementing internal regulations on credit extension, loan
management, policy on risk provisions, clarifying reasons of amendments and
supplementations.
(ii) Documents amending
and supplementing internal regulations on credit extension, loan management, policy
on risk provisions.
Article
8. Time of classification, setting up and use of provisions against credit
risks
1. At least
each quarter for one times, within 15 (fifteen) first days of first month of
each quarter, credit institutions, foreign banks’ branches must self-implement
classification of debts, off-balance sheet commitments which have arisen
until the ending time of final working
day of last quarter, based on the capability of customers to pay debts as prescribed
in Article 10, Article 11 of this Circular and send results of
self-classification of debts, off-balance sheet commitments to the CIC.
For the last quarter of
annual accounting period, within 15 (fifteen) first working days of final
month, credit institutions, foreign banks’ branches must implement
classification of debts, off-balance sheet commitments which have arisen until
the ending time of final working day of second month of final quarter of the
accounting period.
Apart from mentioned-above
time of classification, credit institutions, foreign banks’ branches implement
classification of debts, off-balance sheet commitments according to internal
regulations.
2. Within 03
(three) days after receiving result of self-classification of debts, off-balance
sheet commitments of credit institutions, foreign banks’ branches as prescribed
in clause 1 of this Article, the CIC shall summarize list of customers
according to group of debts with highest risk extent which have been self-classified by
credit institutions, foreign banks’ branches and supply them at the requests of
credit institutions, foreign banks’ branches.
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Chapter
2.
SPECIFIC PROVISIONS
ITEM 1.
CLASSIFICATION OF DEBTS AND OFF-BALANCE SHEET COMMITMENTS
Article
9. Methods and principles of
classification
1. Credit
institutions, foreign banks’ branches self-implement classification of debts,
off-balance sheet commitments according to Article 10, Article 11 of this
Circular and must use result of classification of customer debt groups supplied
by the CIC at the classification time in order to adjust their result of
self-classification of debts, off-balance sheet commitments. If debts and
off-balance sheet commitments of customers are classified into the group of
debts with risk extent lower than group of debts according to list supplied by
the CIC, credit institutions, foreign banks’ branches must adjust result of
classification of debts, off-balance sheet commitments according to the debt group
supplied by the CIC.
2. All debt
balances and value of off-balance sheet commitments of a customer at a credit
institution or foreign bank’s branch must be classified into a
same debt group. For a customer who have two debts and/or off-balance sheet commitments
or more than at a credit institution, foreign bank’s branch, if any debt or
off-balance sheet commitment is classified into the group with risk extent
higher than others, that credit institution, foreign bank’s branch must
classify the remaining debts or off-balance sheet commitments of such customer
into the group which have highest risk extent.
3. For a syndicated credit extension, each credit institution, foreign bank’s
branch joining syndicated credit extension
must implement independent classification and have responsibility to
immediately report together result of classification. All debts and off-balance
sheet commitments of customer who is extended the syndicated credit at a credit
institution or foreign bank’s branch must be classified into the group with the
highest risk extent which a credit institution or foreign bank’s branch joining
in syndicated credit extension has classified.
4. For
credit extension entrustment, if the receiving-entrustment party has not
disbursed under the entrustment contract, credit institution or foreign bank’s
branch conducting entrustment must classify this entrustment such as a loan for
the receiving-entrustment party.
5. For a
debt which has been sold but not received payment, the debt which is sold but the
buyer has right to claim the seller, the amounts which has not been paid, the
sold debt balance enclosed with right to claim the seller shall be classified
and set up a risk provision as prescribed in this Circular before selling
debt.
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7. For the
amounts of purchase or entrustment for other organization (including credit
institutions, foreign banks’ branches) to purchase unlisted corporate bonds,
credit institutions, foreign banks’ branches must classify it such as an
unsecured loan for the party issuing bonds, unless corporate bonds have been
secured for payment by assets.
8. For the
discount under form of purchase on a definite term of
negotiable instruments, other valuable papers of beneficiary, credit
institution, foreign bank's branch, the discount shall be classified as a loan
for the beneficiary.
9. For debts
which the supply of loan or credit extension is implemented under acceptance
and direction of the Government, or the Prime Minister, credit institutions,
foreign banks’ branches shall implement classification of debts, setting up and
use of provisions against credit risks in comply with decisions of the Governor
of the State bank for each specific case.
10. For debts
specified in point c (iv) clause 1 Article 10 of this Circular, in
principle, credit institutions, foreign banks’ branches must immediately
recover part of violated debt balance, not permit to restructure repayment
term; during time of failing to recover, they must implement classification of
debts, setting up of provisions as prescribed in this Circular.
11. Based on
result of inspection, supervision and relevant credit information, the State
bank is entitled to require credit institutions, foreign banks’ branches to
implement assessment, re-classification of specific debts and setting up of
sufficient provisions in conformity with the risk extent of such debts.
Article
10. CLASSIFICATION OF DEBTS AND OFF-BALANCE SHEET COMMITMENTS UNDER
QUANTITATIVE METHOD
1. Credit
institutions, foreign banks’ branches implement classification of debts (excluding
payments under off-balance sheet commitments) according to 05 groups as
follows:
a) Group 1 (standard
debts) includes:
(i) Current debts that
being assessed as fully and timely recoverable, both principals and interests;
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(iii) Other debts
which are classified to the Group 1 in accordance with provisions in clause 2,
this Article.
b) Group 2 (debts, which
need attention) includes:
(i) Debts which are
overdue for a period of between 10 days and 90 days;
(ii) Debts which are
restructured repayment term for the first time;
(iii) Other debts which
are classified to the Group 2 in accordance with provisions in clause 2 and
clause 3 this Article.
c) Group 3 (sub-standard
debts) includes:
(i) Debts which are
overdue for a period of between 91 days and 180 days;
(ii) Debts which are extended
repayment term for the first time;
(iii) Debts which are
exempted or reduced interests because customers are not sufficient capability
to pay all interests under credit contracts;
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- Debts of
customers or the guarantee party being organizations, individuals who are not
subject to be extended credit by credit institutions, foreign banks’ branches
as prescribed by law.
- Debts
which are secured by stocks of credit institution or its subsidiary companies
or the loans are used to contribute capital into another credit institutions on
the basis which the credit institution supplying loans shall receive security
assets being stocks of credit institution that receive the contributed capital;
- Unsecured
debts or debts which have been extended credit with preferential conditions or
a value exceeding 5% of own capital of credit institutions, foreign banks’
branches when supply for customers subject to be restrained credit extension as
prescribed by law.
- Debts
which are supplied for subsidiary companies, associate companies of credit
institutions or enterprises in which credit institutions hold right of control
and have a value exceeding limit rates as prescribed by law.
- Debts
which have value exceeding limits of credit extension, unless being allowed to
exceed limit, as prescribed by law;
- Debts
which violated provisions of law on credit extension, foreign exchange
management and rates of safety assurance for credit institutions, foreign
banks’ branches;
- Debts
which violated internal regulations on credit extension, loan management and
policy on risk provisions of credit institutions, foreign banks’ branches.
(v) Debts which are
recovered under inspection conclusions;
(vi) Other debts which are
classified to the Group 3 in accordance with provisions in clause 2 and clause
3 this Article.
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(i) Debts which are
overdue for a period of between 181 days and 360 days;
(ii) Debts which are
restructured repayment term for the first time but still overdue for a period
of less than 90 days under that restructured repayment term;
(iii) Debts which are
restructured repayment term for the second time;
(iv) Debts which are
specified in point c (iv) clause 1 this Article and overdue for a period of
between 30 days and 60 days after decisions on recovery have been issued;
(v) Debts which must be
recovered under inspection conclusions but fail to be repaid although recovery term was
overdue from 60 days ago;
(vi) Other debts which are
classified to the Group 4 in accordance with provisions in clause 2 and clause
3 this Article.
e) Group 5 (potentially
irrecoverable debts) includes:
(i) Debts which are
overdue for a period of more than 360 days;
(ii) Debts which are
restructured repayment term for the first time but still overdue for a period
of 90 days or more than under that first restructured
repayment term;
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(iv) Debts which are
restructured repayment term for the third time or later, whether debts are
overdue or not;
(v) Debts which are
specified in point c (iv) clause 1 this Article and overdue for a period of
more than 60 days after decisions on recovery have been issued;
(vi) Debts which must be
recovered under inspection conclusions but fail to be repaid although recovery term was
overdue for more than 60 days;
(vii) Debts of customers
being credit institutions which are announced by the State bank to place in
special control status, or foreign banks’ branches of which capital and assets
are blockaded;
(viii) Other debts which
are classified to the Group 5 in accordance with provisions in clause 3, this
Article.
2. Debts
shall be classified to the group with lower risks in the following cases:
a) For overdue debts,
credit institutions, foreign banks’ branches may classify to Group of debts
with lower risks (including Group 1) when meet fully the following conditions:
(i) In case where customers
have made full repayment of the overdue principal and interests (including
interests applicable to overdue principals) and the principals and interests of
the following repayment terms for at least 03 (three) months in respect of long
and medium-term debts and 01 (one) month in respect of short-term debts, since
the day begins full
repayment of the overdue principals and interests;
(ii) Having documents
which prove that customers have paid debts;
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b) For overdue debts,
credit institutions, foreign banks’ branches may classify to Group of debts
with lower risks (including Group 1) when meet fully the following conditions:
(i) In case where
customers have made full repayment of the principal and interests under the
restructured repayment term for at least 03 (three) months in respect of long
and medium-term debts and 01 (one) month in respect of short-term debts, since
the day begins full repayment of the principals and interests under the
restructured term;
(ii) Having documents
which prove that customers have paid debts;
(iii) Credit institutions,
foreign banks’ branches have sufficient grounds of information, documents in
order to assess that the customers have capability to fully repayment of
principals and interests in proper with the restructured term.
3. Debts
shall be classified to the group with higher risks in the following cases:
a) Happening disadvantage
changes in environment, business field which impact negatively directly to the
capability of customers to pay debt (natural calamities, epidemics, economic
environment);
b) Norms on profitability,
solvency, rate of debts on capital, cash flow, capability of customers to pay
debts are reduced continuously or have big change in tendency of reduction
after 03 consecutive times of assessment, debt classification;
c) Customers fail to
supply fully, timely, and honestly financial information at the request of
credit institutions, foreign banks’ branches for assessment on the capability
of customers to pay debt.
d) Debts which have been
classified to Group 2, Group 3, Group 4 as prescribed in point a, b and c this
clause for 01 (one) year or longer but not enough conditions to classify to
Group of debts with lower risks.
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4. Classification
of off-balance sheet commitments and payments under off-balance sheet
commitments:
a) Classification of
off-balance sheet commitments:
(i) To classify to Group 1
when credit institutions, foreign banks’ branches assess that customers have
capability to implement fully obligations under commitments.
(ii) To classify to Group
2 or over when credit institutions, foreign banks’ branches assess that
customers have no capability to implement obligations under commitments.
(iii) To classify to Group
3 or over for off-balance sheet commitments which fall in one of cases
specified in point c (iv) clause 1 this Article.
b) Classification of
payments under off-balance sheet commitments:
(i) The matured day is
calculated as soon as credit institutions, foreign banks’ branches implement
obligation under commitments.
(ii) Payments under
off-balance sheet commitments are classified as follows:
- To
classify to Group 3 when debts are overdue for less than 30 days;
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- To
classify to Group 5 when debts are overdue for 90 days or more than;
If a payment is classified
to a group which has risks lower than group which off-balance sheet commitments
of payment has been classified as prescribed in point a (ii), point a (iii)
this clause, it must be moved to group which such off-balance sheet commitment
has been classified.
Article
11. CLASSIFICATION OF DEBTS AND OFF-BALANCE SHEET COMMITMENTS UNDER
QUANLITATIVE METHOD
1. Credit
institutions, foreign banks’ branches may classify debts, off-balance sheet
commitments according to 05 Groups as follows:
a) Group 1 (standard
debts) includes: Debts which credit institutions, foreign banks’ branches
assess that there is capability to recover fully and timely both of principals and
interests.
Off-balance sheet
commitments which are assessed by credit institutions, foreign banks’ branches
that customers have capability to implement fully obligations under
commitments.
b) Group 2 (debts, which
need attention) includes: Debts which credit institutions, foreign banks’
branches assess that there is capability to recover fully both of principals
and interests but there are signs showing that customers are declined
capability to pay debts.
Off-balance sheet
commitments which are assessed by credit institutions, foreign banks’ branches
that customers have capability to implement obligations under commitments but
there are signs of declining capability to implement commitments.
c) Group 3 (sub-standard
debts) includes: Debts which credit institutions, foreign banks’ branches
assess that it is not recoverable both of principals and interests to due date.
These debts are assessed by credit institutions, foreign banks’ branches to be potential
losses.
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d) Group 4 (doubtful
debts) includes: Debts which are assessed by credit institutions, foreign
banks’ branches to be high-potential losses.
Off-balance sheet
commitments which capability of commitments not to be implemented by customers are very
high.
e) Group 5 (potentially
irrecoverable debts) includes: Debts which credit institutions, foreign banks’
branches assessed as irrecoverable and lost.
Off-balance sheet
commitments which customers have no capability to implement committed
obligations.
2. Credit
institutions, foreign banks’ branches which implement classification of debts,
off-balance sheet commitments according to clause 1 this Article must be
approved in writing by the State bank when meeting fully the following
conditions:
a) Having an internal
credit ranking system which is conformable with business activities, customer
subjects, risk nature of debts and has been tested for a period of at least 01
year;
b) Having a policy on risk
provisions as prescribed in clause 3 Article 6 of this Circular;
c) Having a policy to
mange credit risks, a model of credit risk supervision, method to define,
measure credit risk (including method to assess on solvency of customers under
credit contracts, security assets, capability of debt recovery) and debt
management;
d) Dividing clearly duties
and powers of the Board of Directors, Members' Council, General Director (Directors)
in approval, implementation and implementation inspection of internal credit
ranking system and policy on provisions of credit institutions, foreign banks’
branches, and independence of divisions controlling risk.
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a) A written request of
foreign bank’s branch for acceptance of the State bank to allow to apply policy
on risk provisions of foreign bank as prescribed in clause 2 Article 2 of this
Circular; a written request of credit institution or foreign bank’s branch for
acceptance of the State bank to allow to implement classification of debts,
off-balance sheet commitments under the qualitative method specified in clause
1 this Article, which proving sufficient satisfication of conditions specified
in clause 2 this Article;
b) Copy of policy on risk
provisions of foreign bank for case specified in clause 2 Article 2 of this
Article; copy of internal credit ranking system, policy on risk provisions,
policy on credit reis control and drafts of documents guiding classification of
debts, off-balance sheet commitments and setting up of risk provisions of
credit institutions, foreign banks’ branches for case specified in clause 2
this Article.
4. Within 30
(thirty) days after receiving full dossier as prescribed in clause 3 this
Article, the State bank shall have a written approval to credit institutions,
foreign banks’ branches. If refursal, the State bank must clearly state reason
thereof.
5. Annually,
credit institutions, foreign banks’ branches must re-assess their internal
credit ranking system, policy on risk provisions, policy on credit risk control
in order to be conformable with actual situation and provisions of law.
6. Credit
institutions, foreign banks’ branches which are accepted for classification of
debts, off-balance sheet commitments according to clause 1 this Article must
concurrently implement classification of debts and off-balance sheet
commitments according to Article 10 of this Circular. If results of
classification of a debt and off-balance sheet commitment as prescribed in
Article 10 and clause 1 this Article are different, debt and off-balance sheet
commitment must be classified to group with higher risk extent. The minimum
time which have to implement classification of debts, off-balance sheet
commitments according to both Article 10 and 11 of this Circular shall be 05
(five) year after being approved by the State bank.
ITEM 2.
SETTING UP OF PROVISIONS
Article
12. Specific levels of setting up provisions
Amount of specific provision required
to set up for each customer shall be calculated under the following formula:
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- R: total amount of
specific provisions required to set up of each customer;
- :
Being total amount
of specific provisions required to set up of each customer from debt balance
first to n.
Ri: Being amount of
specific provision required to set up for each customer respect to original
balance of debt i shall be calculated under the following formula:
Ri = (Ai - Ci) x
r
Of which:
Ai:
The original balance i;
Ci:
the deducted value of security assets, financial leasing assets (hereinafter
referred to as security assets) of debt i;
r: rate
of specific provisions required to set up under group as prescribed in clause 2
this Article.
If Ci > Ai, Ri shall be
calculated equal to 0.
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a) Group 1: 0%;
b) Group 2: 5%;
c) Group 3: 20%;
d) Group 4: 50%;
e) Group 5: 100%.
3. Security
assets for deduction when calculating amount of specific provision (R)
specified in clause 1 this Article must satisfy fully the following conditions:
a) Credit institutions,
foreign banks’ branches have right to handle security assets according to the
guarantee contracts and provisions of law when customers fail to implement
their obligations under commitments.
b) Time to handle security
assets estimatedly shall not exceed 01 (one) year for security assets which are
not real estates and not exceed 02 (two) year for security assets which are
real estates, since credit institutions, foreign banks’ branches have right to
handle security assets;
c) Security assets must
satisfy fully conditions as prescribed by law on guarantee transactions;
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(i) Security assets with
value of 50 billion dong or more for debts of customers who are persons related
to credit institutions, foreign banks’ branches and customer who are subjects
restrained for credit extension as prescribed in Article 127 of Law on credit
institutions.
(ii) Security assets with
value of 200 billion dong or more, except for cases specified in point d(i)
this clause.
If organization which has
function of price appraisal has insufficient capability for valuation or if
there is no organize which has function of price appraisal for security assets
specified in points d(i), d(ii) this clause, credit institutions, foreign
banks’ branches may implement valuation according to internal regulation
specified in point h, clause 2 Article 6 of this Circular.
If a security asset fails
to meet fully conditions specified in point a, b, c, d this clause, the
deducted value of such asset must be considered as zero.
4. The
deducted value of a security asset is defined by multiplication of
value of security asset specified in clause 5 this Article and rate of
deduction for each type of security asset specified in clause 6 this Article.
Credit institutions,
foreign banks’ branches may self-define rate of deduction for each type of security
asset on the basis of assessment of recovery capability when handling such security
asset but not exceed the maximum deduction rate of each type of security assest
specified in clause 6 this Article.
5. Value of security
asset is defined as follows:
a) Gold bar: The purchase
price at head office of enterprises, credit institutions owning label of gold
bar at time ending day before day of setting in specific provisions. If the
purchase price is not be listed, value of gold bar shall be defined as
prescribed in point d this clause.
b) The Government's bonds
which are listed on the Stock Exchange: The reference price of the Stock
Exchange at time ending day before day of setting up specific provisions or at
latest time before day of setting up specific provisions (if there is no
reference price at time ending day before day of setting up specific
provisions);
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Securities issued by
enterprises (including credit institutions) but have not yet listed on the
Stock Exchange: Being calculated by face value;
d) Movable assets, real
estate and other security assets: Value of security asset which is valued by an
organization which has function of price appraisal as prescribed by law
specified in point d clause 3 this Article or value of security asset which is
valued according to internal regulation of credit institution or foreign bank’s
branch specified in point h clause 2 Article 6 of this Circular. If there is
no document on valuation of security asset, value of security asset must be
considered as zero;
e) The financial-leasing
asset (value of financial-leasing asset according to the financial-leasing
contract subtracts the payable rents): The remaining rents according to
contract at time of setting up specific provision or value which is valuated by
an organization possessing function on price appraisal as prescribed by law.
6. The
maximum deduction rate for security assets:
a) Deposit of customer in
Vietnam dong: 100%;
b) Gold bar, except gold
bar specified in point i this clause; deposit of customer in foreign currency:
95%;
c) The Government’s bonds,
negotiable instruments, valuable papers which are issued by itself; saving
card, deposit certificates, exchange bills, treasury bills issued by other
credit institutions, foreign banks’ branches:
- With
remaining term of less than 1 year: 95%;
- With remaining
term of between 1 year and 5 years: 85%;
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d) Securities which are
issued by other credit institutions and listed on the Stock Exchange: 70%;
dd) Securities which are
issued by other enterprises and listed on the Stock Exchange: 65%;
e) Securities which are
unlisted on the Stock Exchange, valuable papers, except clauses specified in
point c this clause, and issued by credit institutions which have registered
securities listing on the Stock Exchange: 50%;
Securities which are
unlisted on the Stock Exchange, valuable papers, except clauses specified in
point c this clause, and issued by credit institutions which fail to register
securities listing on the Stock Exchange: 30%;
g) Securities which are unlisted
on the Stock Exchange, valuable papers issued by enterprises which have
registered securities listing on the Stock Exchange: 30%;
Securities which are
unlisted on the Stock Exchange, valuable papers issued by enterprises which
fail to register securities listing on the Stock Exchange: 10%;
h) Real estate: 50%;
i) Gold bar which has no
listing price, other gold and other security assets: 30%.
Article
13. Levels of setting up general provision
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a) Deposit specified in
point i clause 1 of this Circular;
b) Loans, purchases with
defined term of valuable papers for other credit institutions, foreign banks’
branches in Vietnam.
2. Based on
result of inspection, supervision and relevant credit information, the State
bank is entitled to require commercial banks, foreign banks’ branches to set up
general provision for clauses specified in point a, point b, clause 1 this
Article in conformity with the risk extent.
Article
14. Addition and returning the provision
1. In case
where the remaining specific provision and general provision of previous
quarter are less than the specific provision and general provision have to set
up of the quarter of setting up, credit institutions, foreign banks’ branches
must set up to add to the deficient amount.
2. In case
where the remaining specific provision and general provision of previous
quarter are more than the specific provision and general provision have to set
up of the quarter of setting up, credit institutions, foreign banks’ branches
must return the excessive
amount.
ITEM 3.
USE PROVISIONS TO DEAL WITH RISKS
Article
15. Risks Settlement Committee
1. Members of a Risks
Settlement Committee:
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Foreign banks’ branches
must establishe a Risks Settlement Committee consisting of General Director
(Director) as president and at least 02 other members who are selected by
General Director (Director).
2. Duties of
a Risks Settlement Committee:
Based on internal
regulation on classification of debts and off-balance sheet commitments,
setting up of provision, use of provision against credit risks, a Risks
Settlement Committee shall:
a) To approve reports
which summarize reports of whole system regarding result of debt recovery and
provisions which have been used to deal with risks,
including result of handling of security assets and to clarify basis of
approval;
b) To decide or approve
classification of debts and off-balance sheet commitments, setting up of
provision, use of provision against credit risks within whole system;
c) To decide or approve
measures of debt recovery which have been used provision for settlement in
whole system, including handling of security assets.
Article
16. The principles and dossiers of risk settlement
1. Credit
institutions, foreign banks’ branches may use risk provision against credit
risk in the following cases:
a) Customer is an
organization which is dissolved, goes bankrupt as prescribed by law, or an
individual who dies or is missing;
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2. Credit
institutions, foreign banks’ branches may use provision against credit risks
under the following principles:
a) Using specific
provision set up according to clause 1 Article 12 of this Circular in order to
deal with risks for such debts;
b) To dispose of
the security assets for debt recovery: If
specific provision is insufficient to deal with a debt, credit institutions,
foreign banks’ branches must promptly put on sale the security assets according
to the agreement with customers and in accordance with provisions of laws for
debt recovery;
c) In case where both
the specific provision and the amounts from disposal of asset are not
sufficient to cover the credit risks of the debt, the general provisions can be
used for the full settlement;
d) Credit institutions,
foreign banks’ branches implement off-balance sheet accounting for debt balance
which is dealt with risks as prescribed in point a, point b, point c this
clause.
3. Dossier
of risk settlement inludes:
a) Dossier of credit
extension and dossier of debt recovery for debts which are dealt with risks;
b) Dossier of security
assets and other relevant papers;
c) Decision or approval of
the Rist Settlement Committee regarding result of classification of
debts, setting up of provision against credit risks;
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dd) For customer being
organization, or enterprise which is dissolved, goes bankrupt, apart from
dossier stated in point a, point b, point c and point d this clause, it is
required for an authenticated copy of decision on bankruptcy
declaration of court or decision on dissolution of enterprise as prescribed by
law;
e) For customer being
individual who dies or is missing, apart from dossier stated in point a, point
b, point c and point d this clause, it is required for an authenticated copy of
the Death Certificate, Certificate of or decision on missing declaration as
prescribed by law;
Article
17. The responsibility of credit institutions, foreign banks’ branches for risk
settlement
1. The
suitable use of provision against credit risks in order to account relevant
debts into the off-balance sheet account, and following up, urging, collecting
of debts are internal activities of credit institutions, foreign banks’
branches, not make change of obligation to pay debt of customers for debts which
are dealt with risks. After dealing with risks, credit institutions, foreign
banks’ branches must have measure to collect debts fully, thoroughly and
continue following up, collecting of debts for debts which are dealt with risks
under credit contracts, commitments which have been agreed with customers.
2. For at
least 05 (five) years, after using provision against credit risks and after all
measures for debt recovery of the risk settlement committee had been
implemented but debts were still irrevocable, credit institutions, foreign
banks’ branches shall be entitled to release the settled debts from the
off-balance sheets accounts.
For state commercial
banks, joint-stock commercial banks owned by state for more than 50% of charter
capital, the release of settled debts from the off-balance sheets accounts
shall be implemented when there are sufficient dossier, documents proving that
all measures of debt recovery had been implemented but debts were still
irrevocable and they must be accepted in writing by the Ministry of Finance and
the State bank.
Dossier for a debt which
is released from off-balance sheet account must be kept as prescribed by law,
in which includes dossier of risk settlement and all documents proving that
credit institution, or foreign bank’s branch had performed all measures to
collect debt but it still is irrevocable.
Article
18. Handling the amount collected from settled debts
The amounts which are
collected from settled debts, including amounts which are collected from
handling of security assets, are considered as revenue in the accounting period
of credit institutions, foreign banks’ branches.
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Article
19. Managemen of debts, off-balance sheet commitments, setting up and use of
provisions against credit risks
1. Credit
institutions, foreign banks’ branches must have a division in charge for
management of debts, off-balance sheet commitments (section, department or
equivalent) at their head office in order to manage implementation of
classification of debts, off-balance sheet commitments, setting up and use of
provisions against credit risks applicable to whole system.
2. The
responsibility of division on management of debts, off-balance sheet
commitments:
a) To formulate, submit to
General Director (Director) in order to submit to Board of Directors, Members'
Council (for credit institutions) or to submit to General Director (Director)
(for foreign banks’ branches) for promulagation of:
(i) The internal credit
ranking system, amendments, supplementations to the internal credit ranking
system; regulations on management, operation of the internal credit ranking
system, collection, addition of customers’ data and information;
(ii) Policy on risk
provisions, amendments, supplementations to policy on risk provisions.
b) Management and
operation of the internal credit ranking system;
c) Summarizing and
reporting to the risk settlement committee result of classification of debts, off-balance
sheet commitments, setting up and use of provisions against credit risks and
debt recovery after having used provisions to deal with risks of previous
quarter in whole system; proposing the risk settlement committee for
classification of debts, off-balance sheet commitments, setting up and use of
provision against credit risks, measures to control bad debts and to collect
debt thoroughly;
d) Managing, following up
units, individuals in implemenatation of provisions on point d, clause 3
Article 6 of this Circular;
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e) Implementing other
tasks as prescribed by credit institutions, foreign banks’ branches.
ITEM 5.
ACOUNTING, REPORT
Article
20. Acounting
Credit institutions,
foreign banks’ branches implement accounting of setting up, use, addition,
returning of specific provision and general provision according to provisions
of law on regime of accounting as prescribed by law.
Article
21. Report
1. Credit
institutions, foreign banks’ branches must report on result of classification
of debts, off-balance sheet commitments, setting up and use of provisions against
credit risks according to regulations on the regime on report and statistic
applicable to credit institutions, foreign banks’ branches which are
promulgated by the State bank.
2. Credit
institutions, foreign banks’ branches shall supply for CIC the information
according to regulations on credit information activities of the State bank and
as prescribed in this Circular;
3. Credit
institutions, foreign banks’ branches must report result of classification of
debts, off-balance sheet commitments, setting up and use of provisions against
credit risks, result of debt recovery to the Ministry of Finance and
provincial-level Tax Department where their head offices are located according
to regulations on tax report of the Ministry of Finance.
Chapter
3.
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Article
22. The responsibility of the State Bank
1. The
banking inspection and supervision agency shall:
a) To inspect, assess
formulation of internal regulations according to Article 6 this Circular,
quality and extent meeting requirement of internal regulations which are
promulagetd by credit institutions, foreign banks’ branches;
b) To examine, inspect
implementation of internal regulations on credit extension, loan management and
policy on risk provisions of credit institutions, foreign banks’ branches.
c) To examine, inspect
implementation of classification of debts, off-balance sheet commitments,
setting up and use of provisions against credit risks of credit institutions,
foreign banks’ branches;
d) To handle violations of
credit institutions, foreign banks’ branches as prescribed in Article 23 of
this Circular;
e) To submit to the
Governor of the State bank to issue documents specifying classification,
setting up and use of provisions against credit risks for cases specified in
clause 3, clause 4 Article 24 of this Circular; to supervise implemenatation
according to the State bank’s guiding documents of credit institutions, foreign
banks’ branches.
2. The
Department of Monetary Statistic and Forecast shall, based on provisions in
this Circular, formulate and submit to the Gorvernor of the State bank for
promulgation of regulation on regime of report ans statistic of classification
of debts, off-balance sheet commitments, setting up and use of provisions
against credit risks in activities of credit institutions, foreign banks’
branches.
3. The
Department of Finance and Accounting shall, based on provisions in this
Circular, formulate and submit to the Gorvernor of the State bank for documents
guiding implememtation of the relevant accounting regime as prescribed by law.
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Article
23. Handling of violations
Credit institutions,
foreign banks’ branches and relevant individuals who break provisions in this
Circular, apart from implementation of classification of debts and off-balance
sheet commitments, setting up of provisions against risks, use of provisions
against risks for debts in accordance with provisions in this Circular, depend
on nature and seriousness of violations, they shall be handled according
provisions on administrative violation sanction in the field of monetary and
banking operation.
Chapter
4.
IMPLEMENTATION PROVISIONS
Article
24. Transitional provisions
1. Foreign banks’
branches which have been accepted by the State bank to allow to
implement classification of debts, setting up and use of provisions agains
credit risks according to regulation of foreign banks before the effective day
of this Circular, are entitled to implement classification of debts and
off-balance sheet commitments, setting up provisions against risks according to
written approval of the State bank.
2. Credit
institutions which have been accepted by the State bank for implememtation of
policy on risk provision in order to classify debts according to Article 7
stipulating on classification of debts, setting up and use of provisions
against credit risks in banking activities of credit institutions promulgated
together with the Decision No. 493/2005/QD-NHNN, of April 22, 2005 of the
Governor of the State bank shall implement classification of debts and
off-balance sheet commitments according to Article 10 and clause 1 Article 11
of this Circular for time of 03 (three) years after this Circular takes effect.
If results of classification of a debt and off-balance sheet commitment as
prescribed in Article 10 and clause 1 this Article of the Circular are
different, debt and off-balance sheet commitment must be classified to group
with higher risk extent.
3. Credit
institutions, foreign banks’ branches which have debts specified in point c
(iv) clause 1 Article 10 of this Circular arised before the effective day of
this Circular and have not yet recovered, shall deal as follows:
a) Beside of implementation
under proposals, inspection conclusions (if any), within 10 days, after this
Circular takes effect, credit institutions, foreign banks’ branches must
formulate plan to deal, and report it to the State bank (the banking inspection
and supervision agency), in which it is required maximally the following
contents:
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(ii) Result of
classification of debts, setting up of provisions against credit risks as
prescribed in this Circular;
(iii) The financial
situation and capability of setting up of provisions for debts;
(iv) Plan on setting upp
of provisions, use of provisions to deal with credit risks;
(v) Plan, measure and
commitment on settlement in order to ensure thoroughly debt recovery.
b) Credit institutions,
foreign banks’ branches shall implement classification, setting up and use of
provisions against credit risks for debts according to guides of the State bank
for each specific case. While the State bank have not yet issued guides, credit
institutions, foreign banks’ branches shall, based on overdue time specified in
Article 10 of this Circular, implement classification of debts, setting up and
use of provisions against credit risks as prescribed by this Circular.
4. Credit
institutions, foreign banks’ branches which have debts specified in points g,
h, i clause 1 Article 1 of this Circular arised before the effective day of
this Circular, shall deal as follows:
a) Within 10 days, after
this Circular takes effect, credit institutions, foreign banks’ branches must
report to the State bank (the banking inspection and supervision agency), which
is required maximally for the following contents:
(i) A specific list of
each debt and name, address, tax code, business lines of each customer who
possess debt;
(ii) Result of
classification of debts, setting up of provisions against credit risks as
prescribed in this Circular;
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(iv) Plan on setting upp
of provisions, use of provisions to deal with credit risks;
(v) Plan, measure and
commitment on settlement in order to ensure thoroughly recovery.
b) Credit institutions,
foreign banks’ branches shall implement classification, setting up and use of
provisions against credit risks for debts according to guides of the State bank
for each specific case.
Article
25. Effect
1. This
Circular takes effect on June 01, 2013.
2. Credit
institutions, foreign banks’ branches shall implement classification of debts,
setting up provisions against credit risks for debts specified in point c(iv)
clause 1 Article 10 of this Circular from January 01, 2014.
3. The
following documents and regulations shall cease effect:
- Directive
No. 05/2005/CT-NHNN, of April 26, 2005 of the Governor of the State bank, on implementation
of classification of debts and setting up of provisions against credit risks
according to the Decision No. 493/2005/QD-NHNN, of April 22, 2005 of the
Governor of the State bank;
- Decision
No. 780/QD-NHNN, of April 23, 2012 of the Governor of the State bank, on
classification of debts respect to loans restructured repayment term;
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4. The Chief
of office, the Chief of banking Inspection and supervision, heads of units of
the State bank, directors of the State bank’s provincial branches, Chairperson
of Board of Directors, chairperson of Members' Council and general directors
(directors) of credit institutions, foreign banks’ branches shall implement
this Circular.
FOR THE
GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Dang Thanh Binh