THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No.
07/2009/TT-NHNN
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Hanoi,
April 17, 2009
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CIRCULAR
PROVIDING FOR PRUDENTIAL RATIOS IN OPERATION OF SMALL SCALED
FINANCIAL INSTITUTIONS
- Pursuant to the Law on the
State Bank of Vietnam No. 01/1997/QH10 issued in 1997 and the Law on the
amendment, supplement of several Articles of the Law on the State Bank of Vietnam
No. 10/2003/QH11 issued in 2003;
- Pursuant to the Law on the Credit Institutions No. 02/1997/QH10 issued in
1997 and the Law on the amendment, supplement of several Articles of the Law on
the Credit Institutions No. 20/2004/QH11 issued in 2004;
- Pursuant to the Decree No.178/2007/ND-CP dated 03/12/2007 of the Government
providing for the functions, duties, authorities and organizational structure
of the Ministries, Ministerial level agencies;
- Pursuant to the Decree No. 28/2005/ND-CP dated 09/03/2005 on the organization
and operation of small scaled financial institutions operating in Vietnam and
the Decree No.165/2007/ND-CP dated 15/11/2007 on the amendment, supplement,
abrogation of several articles of the Decree No.28/2005/ND-CP,
The State Bank of Vietnam
(hereinafter referred to as the State Bank) hereby provides for prudential
ratios in operation of small scaled financial institutions as follows:
Chapter I.
GENERAL PROVISIONS
Article 1.
Governing scope and subjects of application
1. Small scaled financial
institutions operating in Vietnam shall be required to maintain prudential
ratios in accordance with provisions of this Circular, including:
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b. The lending limit to customer
c. The liquidity ratio.
2. Based on inspection,
examination result of the State Bank Inspectorate on the operational
performance of small-scaled financial institutions, the State Bank may request
small scaled financial institutions to maintain prudential ratios, which are
higher than ratios stipulated in Article 4 and Article 7 of this Circulation.
Article 2.
Interpretation
In this Circulation, following
terms shall be construed as follows:
1. The total risk adjusted
Assets shall be the total value of Assets of small scaled financial institution
which is adjusted to the risk level provided for in Article 5 of this Circular.
2. Claims are on-balance sheet
Assets formed from deposits, loans and from the performance of other
operational activities under the guidance of the State Bank.
3. Immovable assets of the
borrower are lands to which the borrower has the legal use right; houses,
construction works tied to land and other immovable assets in accordance with
provisions of applicable laws under the ownership of the borrower. In the event
where immovable asset has been leased by the borrower, the use of asset as a
pledged asset must be agreed by the lessee during the lease term.
4. A single customer is a legal
entity, an individual, a family household, a cooperative group, a private
enterprise, a partnership company, or other organizations that have credit
relationship with a small scaled financial institution.
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5.1. An individual customer who
owns at least 25% of charter capital of another legal entity, which is being a
customer of a small scaled financial institution;
5.2. An individual customer who
is a member of the family household in accordance with provisions of the Civil
Code, which is being a customer of the small scaled financial institution or
other individuals of which (including individuals who are independent subjects,
taking self liability with their own asset) are also being customers of the
small scaled financial institution.
5.3. An individual customer who
is a member of a cooperative group in accordance with provisions in the Civil
Code, while such cooperative group is a customer of the small scaled financial
institution.
5.4. An individual customer who
is a partner of a partnership company, which is a customer of the small scaled
financial institution.
5.5. An individual customer who
is an owner of a private enterprise, which is a customer of the small scaled
financial institution.
5.6. An individual customer who
is a member of the administrative, executive and controlling mechanism of a
legal entity which is being a customer of the small scaled financial
institution.
5.7. A legal entity customer who
owns at least 50% of charter capital of another legal entity which is being a
customer of the small scaled financial institution.
5.8. A legal entity customer who
is being a customer of the small scaled financial institution, meanwhile the
representative of which is a member in the administrative, executive and
controlling mechanism of another legal entity, which is also a customer of the
small scaled financial institution.
6. Total loans outstanding shall
include the entire balance of current loans and overdue loans of small scaled
financial institutions.
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Chapter
II.
SPECIFIC PROVISIONS
Article 3.
Own capital
1. Own capital of a small-
scaled financial institution shall include:
1.1. Tier 1 capital:
a. Charter capital;
b. Capital officially financed,
without refund, by organizations, individuals to small-scaled financial
institutions;
c. Funds as provided for by the
Ministry of Finance (Including: reserve fund for supplement of the charter
capital; financial provisions fund; fund for the operational investment and
development);
d. Undistributed profits.
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1.2. Tier 2 capital:
a. 50% of the increased value of
fixed assets, which are revaluated under provisions of applicable laws;
b. Debt of the small scaled
financial institution which satisfy following conditions:
- Being the debt, of which the
creditor is subordinate to other creditors, specifically: in any case, such
creditor shall only be paid after the small scaled financial institution has
completely made payment to all other secured and unsecured creditors;
- Its initial term is more than
10 years at the minimum;
- It is not secured by asset of
the very small-scaled financial institution;
- The small scaled financial
institution is entitled to stop the interest payment and carry over accumulated
interests to the following year, if the interest payment results in the loss in
the current years business activity;
- The small-scaled financial
institution is only entitled to repay its debt to the creditor prior to the
maturity after obtaining the written approval from the State Bank.
- The increase of interest rate
shall only be made after 5 years from the signing of the contract and for one
time only during the loan term.
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2. Limitation on the
determination of tier 2 capital:
2.1. Total value of the tier 2
capital shall be 100% value of the tier 1 capital at the maximum.
2.2. Total value of debts stipulated
in point 1.2.b Paragraph 1 of this Article shall be equal to 50% value of the
tier 1 capital at the maximum.
2.3. During the last 5 years
prior to the maturity date, debts included into the tier 2 capital shall be
annually deducted by 20% from the initial value.
3. Amounts to be deducted from
the own capital:
3.1. The entire decreased value
of fixed assets due to revaluation in accordance with provisions of applicable
laws.
3.2. Business losses, including
accumulated losses.
Article 4.
Minimum capital adequacy ratio
1. Small scaled financial
institution must maintain a minimum ratio of 10% of the own capital over the
total risk adjusted Assets.
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Article 5.
Classification of Assets
Assets are classified by risk
levels as follows:
1. The group of Assets with risk
coefficient of 0% includes:
1.1. Cash;
1.2. Deposits at the State Bank;
1.3. Loans from funds financed,
entrusted for lending under trust contracts, by which, the small scaled
financial institution only enjoys trust fees and shall not be subject to any
risk;
1.4. Loans secured by 100% of
deposit (voluntary savings and/or compulsory savings) at the very small scaled
financial institution;
1.5. Outstanding principal and
interest of the loan which is secured by compulsory savings at the very small
scale financial institution;
1.6. Claims from Vietnam
Government, including: Government bond (Treasury bills, Treasury bonds, bonds
for Central Governments projects, investment bonds, Government bond for
construction of Motherland), bonds guaranteed by the Government;
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2. The group of Assets with the
risk coefficient of 20%, includes:
2.1. Deposits at domestic
commercial banks, credit institutions;
2.2. Loans outstanding
(principals, interests) to credit institutions, other small scaled financial
institutions (if any);
2.3. Loans outstanding
(principals, interests) to be secured by deposits at credit institutions, which
are operating in Vietnam;
2.4. Loans outstanding
(principals, interests) to be secured by valuable papers, which are issued by
credit institutions operating in Vietnam, state-owned financial institutions;
2.5. Cash, which is in
collection process.
3. The group of Assets with the
risk coefficient of 50%, includes
3.1. Loans outstanding
(principals, interests) to be secured by immovable assets of the borrower;
3.2. Small scaled credit
outstanding (principals, interests) to small-scaled financial customers with
loan term of less than 1 year.
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4.1. Immovable assets and other
fixed assets;
4.2. Other claims other than
those stipulated in Paragraphs 1, 2 and 3 of this Article.
Article 6.
Internal regulations
1. Pursuant to provisions of
this Circular, current provisions of the State Bank and actual performance, the
small scaled financial institution shall draw up and issue internal regulations
on:
1.1. The determination and
classification of a single customer, a group of related customers, lending
limits applicable to a single customer and a group of related customers,
including following contents:
a. Criteria for determining,
classifying a single customer and a group of related customers shall be
implemented in accordance with provisions in Paragraph 4 and Paragraph 5 in
Article 2 of this Circular.
b. Determination of lending
limits applicable to a single customer and a group of related customer;
competence to decide lending to a single customer and a group of related
customer.
c. Determination of the manner
of following up loans exceeding 5% of own capital of the small scaled financial
institution.
d. Limit, maximum lending ratio in
total loan outstanding to small scaled financial customers and those other than
small-scaled financial customers.
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a. Assigning an officer who is
in charge of supervising the liquidity of small-scaled financial institutions.
b. Implementation plans to
secure the liquidity in case of temporary default as well as in case of
potential insolvency.
c. Regulations on the management
of budget, receipts, expenses, daily capital source and provisions on holding
valuable papers which are freely convertible into cash.
2. Board of Directors of
small-scaled financial institutions shall be responsible for the consideration,
assessment of internal regulations as stated in Paragraph 1 of this Article for
timely adjustment in necessary cases in order to ensure the prudential
activities of small-scaled financial institutions.
Article 7.
Lending limit to customer
1. Lending limit of a small
scaled financial institution to its customer shall be as follows:
1.1. Total loans outstanding of
the small scaled financial institution to a single customer, who is not a small
scaled financial institution, shall not exceed 10% of the small scaled
financial institutions own capital.
1.2. Total loans outstanding of
the small scaled financial institution to a small scaled financial institution
shall not exceed VND 30 million. This loan level may be adjusted from time to
time by the Governor of the State Bank.
1.3. Total loans outstanding of
the small scaled financial institution to a group of related customers as
stated in Paragraph 5 Article 2 of this Circular shall not exceed 15% of the
small scaled financial institutions own capital, in which, the lending limit to
a single customer shall not exceed the ratios provided for in Points 1.1 and
1.2 in Paragraph 1 of this Article.
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2.1. Loans from entrusted funds
of Vietnam Government, of organizations, individuals against which the small
scaled financial institution is not required to make and use provisions for
dealing with credit risks.
2.2. Loans secured entirely by
deposits of the customer at the very small scale financial institution.
2.3. Loans to credit
institutions, other small scaled financial institutions with the term of less
than 1 year (if any).
2.4. Loans secured by Vietnamese
Governments bonds, bonds guaranteed by the Vietnam Government.
Article 8.
Liquidity ratio
The small- scaled financial
institution must regularly maintain the minimum liquidity ratio of 20%.
2. This ratio shall be
calculated as follows:
2.1. Numerator: includes assets
as cash and assets which are easily convertible into cash, specifically as
follows:
a. Cash;
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c. Deposits at credit
institutions;
d. Government bonds, bonds
guaranteed by the Government.
2.2. Denominator: Total
deposits, including compulsory savings and voluntary savings.
3. The way to determine
liquidity is guided in Appendix B attached to this Circular.
Article 9.
Reporting, dealing with violations
1. Small scaled financial
institutions shall make report on their implementation of provisions on
prudential ratios in accordance with current provisions of the Governor of the
State Bank on the statistic reporting regime applicable to small scaled
financial institutions.
2. Any small scaled financial
institution which violates provisions of this Circular, depending on the
seriousness of the violation, shall be subject to administrative punishment in
line with provisions of applicable laws.
Chapter
III.
IMPLEMENTING PROVISIONS
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This Circular shall be effective
after 45 days since its signing date.
Article 11.
Responsibility of implementation
The Director of the
Administrative Department, the Director of the Banks and Non-banking Credit
Institutions Department, Heads of related units of the State Bank, General
Managers of State Bank branches in provinces and cities under the central
Governments management, Chairman of the Board of Directors and General
Directors (Directors) of small scaled financial institutions shall be
responsible for the implementation of this Circular.
In the implementation, any query
that may arise should be timely reflected to the State Bank for instruction and
settlement.
THE
GOVERNOR OF THE STATE BANK OF VIETNAM
Nguyen Van Giau
APPENDIX A:
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A. The own capital for the
determination of the minimum capital adequacy ratio of the small scaled
financial institution (SSFI) A as of 31/3/2008:
As of 31/3/2008, state of
capital and assets of the SSFI A is as follows:
1. Tier 1 capital:
Unit:
VND billion
Item
Amount
a. Charter capital (appropriated
capital, contributed capital)
30
b. Capital officially financed
without refund by organizations, individuals
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c. Reserve fund for the
supplement of the charter capital
2
d. Financial provisions fund
2
dd. Fund for operational
investment and development
1
e. Undistributed profits
2
Total
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2. Tier 2 capital:
Unit:
VND billion
Item
Increased
amount
Calculating
ratio
Amount
to be included into the tier 2 capital
a. The increased value of
revaluated fixed assets under provisions of applicable laws
0.2
50%
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b. Debts with remaining term
of over 5 years
100%
3
c. General provisions
100%
1
Total
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4.1
Note:
- Total debts are VND 3 billion,
equaling 6.4% of tier 1 capital (less than 50% of tier 1 capital), satisfying
requirements stated in item b, point 1.2, Article 3 of this Circular.
The own capital (A) of the SSFI
A as of 31/3/2008 = Tier 1 capital + tier 2 capital
= VND 47 billion + VND 4.1
billion = VND 51.1 billion
3. Amounts to be deducted from
own capital:
- Decreased value of fixed
assets due to revaluation in accordance with provisions of applicable laws: 0
- Business losses, including
accumulated losses: VND 0 billion.
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A = VND 51.1 billion VND 0
billion = VND 51.1 billion
B. Value of risk-adjusted
Assets on balance sheet (B)
Unit:
VND billion
Item
Book
value
Risk coefficient
Value
of risk adjusted Assets
1. Group of Assets with the
risk coefficient of 0%
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a. Cash
20
0%
0
b. Deposits at SBV
5
0%
0
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30
0%
0
d. Loans secured by 100% of
deposit (voluntary savings and/or compulsory savings) at the very small
scaled financial institution
3
0%
0
dd. Outstanding principal and
interest of the loan which is secured by compulsory savings at the very small
scale financial institution
5
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0
e. Claims from Vietnam Government,
including: Government bond, bonds guaranteed by the Government;
5
0%
0
g. Loans secured by valuable
papers which are issued by the Government, State Bank
5
0%
0
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a. Deposits at domestic
commercial banks, credit institutions
20
20%
4
b. Loans outstanding
(principals, interests) to credit institutions, other small scaled financial
institutions (if any);
0
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0
c. Loans outstanding (principals,
interests) to be secured by deposits at credit institutions, which are
operating in Vietnam;
5
20%
1
d. Loans outstanding
(principals, interests) to be secured by valuable papers, which are issued by
credit institutions operating in Vietnam, state-owned financial institutions
3
20%
0.6
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2
20%
0.4
3. Group of Assets with the
risk coefficient of 50%
a. Loans outstanding (principals,
interests) to be secured by immovable assets of the borrower;
50
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25
b. Small scaled credit
outstanding (principals, interests) to small-scaled financial customers with
loan term of less than 1 year.
330
50%
165
4. Group of Assets with the
risk coefficient of 100%
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8
100%
8
b. Other claims
50
100%
50
Total (B)
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254
C. Minimum capital adequacy
ratio
C
= (A/B)*100%
= (51.1/254)*100% = 20.118%
APPENDIX B.
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Unit:
VND billion
Item
Book
value
I. Numerator
A
1. Cash
2. Deposits at SBV
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4. Government bonds, bonds guaranteed
by the Government
II. Denominator
B
Total deposits, including
compulsory savings and voluntary savings.
III. Liquidity ratio
(A/B*100%)
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