STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
11/QD-NHNN
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Hanoi,
January 06, 2010
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DECISION
ON
THE LIST OF VALUABLE PAPERS TO BE USED IN TRANSACTIONS OF THE STATE BANK
GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the
State Bank of Vietnam issued in 1997; the Law on the amendment, supplement of
several articles of the Law on the State Bank of Vietnam issued 2003;
- Pursuant to the Law on Credit Institutions issued in 1997; the Law on the
amendment, supplement of several articles of the Law on Credit Institutions
issued in 2004;
- Pursuant to the Decree No.96/2008/ND-CP dated 26/8/2008 of the Government
providing for the functions, duties, authority and organizational structure of
the State Bank of Vietnam;
- Pursuant to the Decision No.01/2007/QD-NHNN dated 5/1/2007 of the Governor of
the State Bank on the issuance of the Regulation on open market operations;
Decision No.27/2008/QD-NHNN dated 30/9/2008 of the Governor of the State Bank
on the amendment, supplement of several articles of the Regulation on open
market operations issued in conjunction with the Decision No.01/2007/QD-NHNN;
- Pursuant to the Circular No.03/2009/TT-NHNN dated 02/3/2009 of the State Bank
providing for the lending secured by the mortgage of valuable paper of the
Governor of the State Bank to banks; Circular No.11/2009/TT-NHNN dated
27/5/2009 of the Governor of the State Bank on the amendment of Paragraph 1
Article 7 of the Circular No.03/2009/TT-NHNN;
- Pursuant to the Decision No. 898/2003/QD-NHNN dated 12/8/2003 of the Governor
of the State Bank on the issuance of the Regulation on the discount, rediscount
by the State Bank to banks; Decision No.12/2008/QD-NHNN dated 29/4/2008 of the
Governor of the State Bank on the amendment, supplement of several articles of
the Regulation on discount, rediscount by the State Bank to banks issued in
conjunction with the Decision No.898/2003/QD-NHNN;
- Pursuant to the Decision No.04/2007/QD-NHNN dated 22/1/2007 of the Governor
of the State Bank on the overdraft and overnight lending applicable in
inter-bank electronic payment.
- Upon the proposal of the Credit Department’s Director,
DECIDES:
Article 1. The State Bank
hereby provides for the types of valuable papers to be used in transactions of
open market operation, lending secured by the mortgage of valuable papers,
discount, rediscount of valuable papers, overdraft and overnight lending
applicable in inter-bank electronic payment (hereinafter referred to as
transactions with the State Bank) at the State Bank as follows:
1. Valuable papers to be used in
transactions with the State Bank:
1.1. State Bank’s bills.
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a. Treasury bills;
b. Treasury bonds;
c. Central work bonds;
d. Government’s bonds for
construction of Motherland.
dd. Government’s bonds issued by
Vietnam Development Bank (formerly called Fund for Development Assistance)
under the designation by the Prime Minister.
1.3. Bonds guaranteed by the
Government, including:
a. Bonds issued by Vietnam
Development Bank, of which the payment of 100% of the principal, interest
amount is guaranteed by the Government at the maturity;
b. Bonds issued by Bank for
Social Policy issued, of which the payment of 100% of the principal, interest
amount is guaranteed by the Government at the maturity.
1.4. Local Government’s Bonds
issued by Hanoi People’s Committee and Hochiminh People’s Committee.
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2.1. To be deposited at the
State Bank;
2.2. To be subject to the legal
ownership of the credit institution;
2.3. The issuing organization
shall not be entitled to use valuable papers issued by the very organization to
take part in transactions with the State Bank.
Article 2. Provisions on
valuable papers being used in transactions of the open market operations of the
State Bank
1. Apart from provisions in
Paragraph 2 Article 1 of this Decision, valuable papers stated in item d, point
1.2, point 1.3, point 1.4 in Paragraph 1 Article 1 of this Decision shall only
be used in forward purchase transaction of the State Bank through the open
market operations.
2. Valuable papers stipulated in
Paragraph 1 Article 1 of this Decision must be valuable papers which are issued
in book entry form.
3. The difference rate between
the value of valuable papers at the valuating time and payment price in the
forward purchase, sale transaction between the State Bank and credit
institutions shall be stipulated as follows:
3.1. For types of valuable
papers stated in point 1.1, point 1.2, point 1.3 in Paragraph 1 Article 1 of
this Decision, of which remaining period is:
a. Less than 1 year: 0%;
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c. Over 5 years: 10%.
3.2. For types of valuable
papers stated in point 1.4 Paragraph 1 Article 1 of this Decision, such rate
shall be 20%.
Article 3. Order of
priority and rate between value of valuable papers and amount of the loan
mortgaged by valuable papers at the State Bank
1. Valuable papers as stipulated
in point 1.1, point 1.2, point 1.3 Paragraph 1 Article 1 of this Decision are
valuable papers of tier 1 and their minimum value must be 105% of the amount of
mortgaged loan at the State Bank.
2. Valuable papers as stipulated
in point 1.4 Paragraph 1 Article 1 of this Decision are valuable papers of tier
2 and their minimum value must be 120% of the amount of mortgaged loan at the
State Bank.
Article 4. Provisions on
valuable papers being used in the discount, rediscount operations of valuable
papers by the State Bank
Types of valuable papers stated
in item dd point 1.2, point 1.3, point 1.4 in Paragraph 1 Article 1 of this
Decision shall only be used in the forward discount transaction of valuable
papers by the State Bank.
Article 5. Provisions on
valuable papers being used in the overdraft and overnight lending operations in
inter-bank electronic payment
1. The maximum level of
overdraft and overnight lending secured by valuable papers as stated in point
1.1, point 1.2, point 1.3 Paragraph 1 Article 1 of this Decision shall be 95%
of the valuable papers’ value at the valuating time.
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Article 6. This Decision
shall be effective from its date of signing and replace the Decision
No.1909/QD-NHNN dated 30/12/2005 of the State Bank on the use of several types
of bonds by the credit institutions in refinancing transactions of the State
Bank, Decision No.86/QD-NHNN dated 08/01/2007 of the State Bank on the list of
valuable papers, difference rate between the value of the valuable paper at the
valuation time and the payment price, transaction ratio of valuable papers
through the open market operation, Decision No.441/QD-NHNN dated 2/3/2009 of
the State Bank on list, order of priority, proportion between value of valuable
papers and loan secured by mortgage of valuable papers at the State Bank of
Vietnam.
Article 7. Director of
Administrative Department, Director of the Credit Department, Heads of units of
the State Bank, Manager of State Bank Branches in provinces, cities under the
central Government’s management, Chairperson of the Board of Directors and
General Director (Director) of credit institutions shall be responsible for the
implementation of this Decision.
FOR
THE GOVERNOR OF THE STATE BANK OF VIETNAM
DEPUTY GOVERNOR
Nguyen Dong Tien