THE STATE BANK OF VIETNAM
--------
|
THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
|
No. 05/VBHN-NHNN
|
Hanoi, March 01, 2024
|
CIRCULAR
PRESCRIBING CAPITAL ADEQUACY RATIO
FOR OPERATIONS OF BANKS AND FOREIGN BANK BRANCHES
The Circular No. 41/2016/TT-NHNN dated December 30, 2016 of
the Governor of the State Bank of Vietnam prescribing capital adequacy ratio
for operations of banks and foreign bank branches, coming into force from
January 01, 2020, is amended by:
1. The Circular No. 22/2019/TT-NHNN dated November 15, 2019
of the Governor of the State Bank of Vietnam prescribing limits and prudential
ratios for operations of banks and foreign bank branches, coming into force
from January 01, 2020.
2. The Circular No. 22/2023/TT-NHNN dated December 29, 2023
of the Governor of the State Bank of Vietnam providing amendments to Circular
No. 41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank
of Vietnam prescribing capital adequacy ratio for operations of banks and
foreign bank branches, coming into force from July 01, 2024.
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);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The Governor of the State Bank of Vietnam (hereinafter
referred to as “SBV”) hereby introduces the Circular prescribing capital
adequacy ratio for operations of banks and foreign bank branches[1],[2].
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This Circular deals with the capital adequacy ratio for
operations of banks and foreign bank branches in Vietnam.
2. Regulated entities:
a) Banks: State-owned commercial banks, joint-stock
commercial banks, joint-venture banks and wholly foreign-owned banks;
b) Foreign bank branches (FBBs).
3. This Circular shall not apply to banks put under special
control.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
For the purposes of this Circular, the terms below shall be
construed as follows:
1. Financial
asset refers to any asset that is:
a) Cash;
b) An equity instrument of another entity;
c) Contractual right:
(i) to receive cash or another financial asset from another
entity; or
(ii) to exchange financial assets or financial liabilities
with another entity under conditions that are potentially favorable to banks or
FBBs;
d) a contract that will or may be settled in owners’ equity
instruments of banks.
2. Financial liability refers to any of the following
contractual obligations:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
(i) to deliver cash or another financial asset from another
entity;
(ii) to exchange financial assets or financial liabilities
with another entity under conditions that are unfavorable to banks or FBBs; or
b) a contract that will or may be settled in owners’ equity
instruments of banks.
3. Financial instrument refers to a contract that
gives rise to a financial asset of one entity and a financial liability or
equity instrument of another entity.
4. Equity
instrument refers to any contract that evidences a residual interest in the
assets of an entity after deducting all of its liabilities. Equity
instrument with characteristics of liability issued by a bank encompasses
preferred dividend stocks and other equity instruments which:
a) are redeemable in accordance with laws and ensure
compliance with limits and prudential ratios after implementation as stated by
laws;
b) may be used to offset losses without requiring a bank
incurring such losses to cease its proprietary trading transactions;
c) are not subject to payment of preferred dividends and
carry preferred dividends over to the next year in the event that such payment
of preferred dividends results in losses in an income statement of a bank.
5.
Subordinated debt refers to a debt that a creditor accepts an agreement to
pay after other obligations are discharged, or for which a creditor gets and
does not get other guarantees in case of the borrower's bankruptcy or
dissolution.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
7. Partner refers to a person or legal entity
(inclusive of credit institutions or FBBs) that performs transactions referred
to in Clause 4 Article 8 hereof with a bank or FBB.
8. Claims of a bank or FBB include:
a) Credit extensions, comprised of lending entrustments and
purchases with retained right of recourse against negotiable instruments and
other securities, except buying forwards of negotiable instruments or other securities;
b) Securities issued by another entity;
c) Contractual rights to receive cash or other financial
assets from another entity in accordance with laws, except accounts referred to
in Point a and b of this Clause;
9. Retail portfolio refers to the portfolio of loans
offered to individual customers (exclusive of real estate secured loans
referred to in Clause 10 of this Article, home mortgage loans referred to in
Clause 11 of this Article, and securities loans) in which balances of credit
facilities (already disbursed and not yet disbursed) of a customer must conform
to both of the following requirements:
a) Do not exceed VND 8 billion;
b) Do not exceed 0.2% of total exposure of all retail
portfolios (already disbursed and not yet disbursed) of a bank or FBB.
10. Real
estate secured loan refers to a loan taken out by persons or legal entities
to buy real property, execute a real property project, and secured on that real
property or real property project to be formed from that loan in accordance
with laws on secured transactions.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Real estate secured loans granted to individuals to
purchase home, provided the following conditions are met:
i) Source of financing for debt payment is not derived from
leasing of the home formed from that loan;
ii) Home must be completely built for handover under the
signed home purchase agreement;
iii) The bank or FBB is fully vested legal right to the home
put up as collateral in the event that its customer fails to pay his/her debt
obligations in accordance with the Law on Secured Transactions and the Housing
Law;
iv) The home formed from this type of mortgage loan must be
independently valued (by a third party or a division separate from the credit
approval department of a bank or foreign bank branch) following conservatism
principle (appraised value is not greater than the market value of that home at
a specified loan approval date) in accordance with regulations of the relevant
bank or FBB.
b) Loans for purchasing of social housing or home under the
Government’s support programs/projects determined in accordance with
regulations of the Housing Law, provided the conditions in points a(i), a(iii),
a(iv) of this clause are met.
12. Specialised lending refers to a credit line used
for execution of projects and investment in machinery, equipment or purchase of
goods, and meeting the following criteria:
a) The borrowing customer is a legal entity established only
to execute projects, operate machinery or equipment and trade in goods created
from capital derived from loan capital, and not to engage in any other
business;
b) This type of loan is secured on projects, machinery,
equipment and goods created from loan capital and all of sources of financing
for debt repayment are derived from business activities, operation of such
projects, machinery, equipment and goods;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Such lending is performed under the following forms:
(i) Project
finance loan is a specialised lending for project execution;
(ii) Income producing real estate loan is a specialised
lending for execution of real estate trading projects (office, commercial
centers, urban zones, building complexes, storage yards, warehouses, hotels or
industrial parks, etc.);
(iii) Object finance loan is a specialised lending
for investment in machinery or equipment (watercraft, aircraft, satellites or
trains, etc.);
(iv) Commodities finance loan is a specialised
lending for purchase of goods (crude oil, metals or cereals, etc.).
13. Commercial real estate refers to real estate
invested in, purchased, assigned, leased and hire-purchased for for-profit
sale, transfer, lease, sub-lease and hire-purchase purposes.
14. Repo transaction refers to a transaction in which
one party sells and transfers ownership of a financial asset to another party
with a promise to buy back and reclaim ownership of that financial asset at a
specific date at a predetermined price.
15.[5] Reverse
Repo transaction refers to a transaction in which one party buys and
receives ownership of a financial asset transferred from another party with a
promise to sell and transfer ownership of that financial asset back at a
specific date and a predetermined price, including buying forwards of
negotiable instruments and other securities in accordance with SBV’s
regulations on discounted transfer of negotiable instruments and other
securities.
16. Independent credit rating companies include:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Those established under Vietnamese laws on credit rating
services.
17. Optional credit rating refers to the activity in
which an independent credit rating company discretionarily carries out credit
assessments without any agreement with rated objects.
18. Contractual credit rating refers to the activity
in which an independent credit rating company carries out credit assessments
under an agreement between it and a rated object.
19. OECD refers to the Organization for Economic
Cooperation and Development.
20. International financial institutions include:
a)
Group of international banks including the International Bank for
Reconstruction and Development – IBRD, the International Financial Company –
IFC, the International Development Association – IDA, the Multilateral
Investment Guarantee Agency – MIGA;
b)
The Asian Development Bank – ADB;
c)
The African Development Bank - AfDB;
d)
The European Bank for Reconstruction and Development - EBRD;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e)
The European Investment Bank – EIB;
g) The European Investment Fund – EIF;
h) The Nordic Investment Bank – NIB;
i) The Caribbean Development Bank - CDB;
k) The Islamic Development Bank - IDB;
l) The Council of Europe Development Bank - CEDB;
m) Other financial institution of which the charter capital
is formed by contributions made by sovereigns.
21. Risk
mitigation refers to the activity in which a bank or FBB applies measures
to partially or totally reduce any possible loss incurred due to operations
thereof.
22. Derivative
encompasses:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
(i) Credit derivatives including credit insurance
contracts, credit default swaps, credit-linked note contracts and other
derivative contracts as prescribed by laws and regulations;
(ii) Interest rate derivatives including forward
interest rate contracts, single-currency interest rate swaps, two or
cross-currency interest rate swaps, interest rate options and other derivative
contracts as prescribed by laws and regulations;
(iii) Foreign currency derivatives including foreign
exchange forwards, foreign currency swaps, foreign exchange options and other
foreign currency derivative transactions as prescribed by laws and regulations;
(iv) Commodity derivatives including commodity
swaps, commodity futures, commodity options and other commodity derivative
contracts as prescribed by laws and regulations.
b) Derivative securities including future contracts,
option contracts, forward contracts and other derivative securities as
prescribed by laws on derivative securities and derivative securities markets;
c) Other derivatives stipulated by laws.
23. Underlying asset refers to an original financial
asset used as the basis for valuing a derivative.
24. Credit risk includes:
a) Credit default risk is the risk that may arise due
to a customer’s failure or incapability to pay debt obligations in part or in
full under a contract or arrangement with a bank or FBB, unless otherwise
stipulated by Point b of this Clause;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
25. Market
risk refers to the risk that may arise due to an adverse fluctuation in
interest rates, securities prices and commodity market prices. Market risk
includes:
a) Interest rate risk refers to the risk incurred due
to an adverse variation in market interest rates with respect to value of
securities, interest-bearing financial instruments, interest rate derivatives
in the trading book of banks and/or FBBs;
b) Foreign exchange risk refers to the risk incurred
due to an adverse variation in foreign exchange rates occurring on the market
when a bank or FBB is running a foreign currency position;
c) Equity risk refers to the risk incurred due to an
adverse variation in market stock prices with respect to value of stocks, value
of derivative securities in the trading book of banks and/or FBBs;
d) Commodity risk refers to the risk that may arise
due to an adverse variation in commodity prices with respect to value of
commodity derivatives, value of products in spot transactions exposed to the
commodity risk of banks and/or FBBs.
26. Interest rate risk in the trading book refers to
the risk incurred due to an adverse variation in interest rates with respect to
income, value of assets, value of liabilities and value of off-balance-sheet
commitments of banks and/or foreign banks that may arise as a consequence of:
a) Difference in interest rate determination dates or
interest rate redetermination periods;
b) Change in relationship between interest rate levels of
different financial instruments that have the same maturity date;
c) Change in relationship between the levels of interest
rate applied to different tenors;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
27. Operational risk refers to the risk arising due
to inadequate or failed internal processes, people, system errors, failures or
external events that cause financial losses or non-financial negative impacts
on banks and/or FBBs (including legal risks). The operational risk excludes:
a) Reputational risk;
b) Strategic risks.
28. Reputational risk refers to the risk arising from
negative reactions on the part of customers, partners, shareholders or the
public to reputation of banks and/or FBBs.
29. Strategic risk refers to the risk arising from a
bank or FBB's availability or lack of timely response strategies or policies
for business environment changes that may reduce the possibility of fulfilling
business strategies or profit targets of banks and/or FBBs.
30. Exposure refers to the portion of value of
assets, liabilities and off-balance-sheet commitments of banks and/or FBBs
exposed to financial losses and non-financial negative impacts resulted from
credit, market, liquidity, operational and other risks.
31. Proprietary trading refers to selling, buying and
exchange transactions carried out by banks, FBBs or subsidiaries of banks in
accordance with laws and regulations with a view to selling, buying or
exchanging financial instruments within a term of one year to earn banks and/or
FBBs profit generated from market price differences, including:
a) Financial instruments in the currency exchange market;
c) Currencies (including gold);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Derivative products;
dd) Other financial instruments traded in the official
market.
32. Trading book refers to the portfolio used for
recognizing the statuses of:
a) Proprietary trading transactions (except for transactions
referred to in Point b Clause 33 of this Article);
b) Transactions aimed at performing guarantees for issuance
of financial instruments;
c) Derivative product transactions aimed at hedging risks
arising from proprietary trading transactions of banks and/or FBBs;
d) Foreign exchange or financial asset trading transactions
aimed at serving the demands of customers, partners and transactions that serve
the purpose of corresponding to these ones.
33. Banking book refers to the portfolio used for recognizing
the statuses of:
a) Repo and reverse repo transactions;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Financial asset trading transactions performed to create
liquidity reserves;
d) Other transactions which are not included in the trading
books of banks and/or FBBs.
Article 3. Organizational structure and internal audit
regarding capital adequacy ratio management
1. Banks and/or FBBs are required to set up the organizational
structure, decentralization and authority delegation system, and assign
functions and duties to particular individuals and divisions to manage the
capital adequacy ratio in compliance with regulations set forth in this
Circular and as appropriate to demands, characteristics and levels of operational
risks, trading cycle and adaptability to risks and trading strategies of these
banks and/or FBBs.
2. Banks and/or FBBs must perform internal audits on the
capital adequacy ratio in accordance with SBV’s regulations on the internal
control systems of credit institutions or FBBs.
Article 4. Database and information technology system
1. Banks and/or FBBs must maintain an adequate data and
information technology system as appropriate to calculate the capital adequacy
ratio as prescribed by this Circular.
2. Banks and/or FBBs must collect and manage data to ensure
conformity to the minimum requirements as mentioned hereunder:
a) Have their organizational structure, functions and duties
of individuals and divisions, working processes and tools for data management
to fulfill data quality and sufficiency requirements;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Meet requirements set out in the internal rules of banks
and/or FBBs, and regulations of the State Bank on the reporting and statistical
regime.
3. The information technology system must ensure conformance
to the following minimum requirements:
a) Promote connection and centralized management in the
entire system, and ensure information security, safety and effectiveness upon
calculation of the capital adequacy ratio as prescribed by this Circular;
b) Prepare tools to enhance connection with other systems to
ensure accurate and timely calculation of the owners’ equity and total asset
based on credit risks, regulatory capital for particular risks and capital
adequacy ratio;
c) Have the processes of reviewing, examining, providing for
and responding to any failures or breakdowns, and periodic and regular
maintenance processes;
d) Meet requirements set out in the internal rules of banks
and/or FBBs, and regulations of the State Bank on the reporting and statistical
regime.
1. Banks and/or FBBs shall be entitled to use rating results
received from independent credit rating companies established under laws and
regulations on credit rating services for measuring the capital adequacy ratio
as prescribed by this Circular provided that these companies satisfy the
following requirements:
a) Objectivity: Credit rating must be stringent, systematic
and subject to reassessment based on historical data to ensure that rating
results must remain accurate for a period of at least one year; must be
performed in a continual and timely manner prior to any change in financial
status;
b) Independence: Credit rating companies shall not have to
withstand any political and economic pressure that can affect credit rating
results;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Disclosure: Credit rating companies must disclose
information about credit rating methods, insolvency definitions and
significance of each credit rating and actual insolvency rate of each credit
rating and rating conversion;
dd) Capability: Credit rating companies must have sufficient
resources to carry out credit ratings to meet required quality standards,
employ the qualitative and quantitative method of credit rating and keep in
frequent and continuous contact with rated objects at all levels to increase
the quality of credit ratings;
e) Credibility: Credit rating must be trusted by
organizations (investors, insurance businesses and commercial partners). Credit
rating companies must have their internal processes to avoid misuse of
confidential information relating to rated objects.
2. Banks and/or FBBs must consistently use credit ratings
provided by credit rating companies in management of risks and application of
credit risk factors as prescribed by this Circular.
3. Credit rating scales of independent credit rating
companies must be distributed according to levels of risks upon calculation of
the capital adequacy ratio as follows:
a) Credit rating scales of Moody’s, Standard & Poor,
Fitch Rating is distributed as follows:
Standard & Poor’s
Moody’s
Fitch Rating
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Aaa, Aa1, Aa2, Aa3
AAA, AA+, AA, AA-
A+, A, A-
A1, A2, A3
A+, A, A-
BBB+, BBB, BBB-
Baa1, Baa2, Baa3
BBB+, BBB, BBB-
BB+, BB, BB-
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
BB+, BB, BB-
B+, B, B-
B1, B2, B3
B+, B, B-
CCC+ and lower rankings
Caa1 and lower rankings
CCC+ and lower rankings
b) In the event that independent credit rating companies
provide credit rating scales different from credit ratings referred to in Point
a of this Clause, these companies must convert credit ratings as appropriate to
credit rating scales of Moody’s, Standard & Poor or Fitch Rating to
determine levels of risks to customers, partners and claims upon calculation of
the capital adequacy ratio.
4. Banks and/or FBBs shall use credit ratings provided by
independent credit rating companies in compliance with the following
principles:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) In the event that a customer obtains more than two credit
ratings from different independent credit rating companies, banks and/or FBBs
must prefer to use the credit ratings corresponding to the greatest credit risk
factor to apply to such customer;
c) Do not use credit ratings of parent companies to apply
credit risk factors to subsidiary or affiliate companies thereof;
d) Merely use credit ratings to apply credit risks to
same-currency credit ratings;
dd) In the event that a claim is assigned one credit rating,
banks and/or FBBs shall use that credit rating to apply credit risk factors to
that claim as provided by this Circular;
e) In the event that a claim is assigned more than two
credit ratings determined by different independent credit rating companies,
banks and/or FBBs must prefer to use the credit ratings relative to the
greatest credit risk factor to apply to that claim;
g) In
the event that a claim is not rated, banks and/or FBBs shall take the following
steps:
(i)
In the event that customers or partners have other claims and financial
liabilities assigned particular credit ratings, banks and/or FBBs can use the
credit ratings assigned to these ones in order to apply credit risk factors to
the unrated claims when these claims are given precedence in advance payments
for claims and financial liabilities assigned credit ratings;
(ii)
In the event that customers or partners are rated, banks and/or FBBs can use
the credit ratings of these customers or partners in order to risk-weight the
unrated claims which are not secured and given priority to obtain payments of
subordinated debts made by these customers or partners;
(iii)
In the event that rated customers or partners have fulfilled requirements set
out in Subparagraph (ii) Point g of this Clause and maintain particularly rated
claims or other financial liabilities which conform to requirements set out in
Subparagraph (i) Point g of this Clause, banks and/or FBBs can use the credit
ratings of these customers or partners, or rated claims on or other financial
liabilities to, depending on whichever the credit risk weight is greater, apply
it to unrated claims on;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
SPECIFIC PROVISIONS
1. Capital adequacy ratio (CAR) calculated in percent
(%) is determined according to the following formula:
CAR
=
C
x
100%
RWA + 12,5 (KOR +
KMR)
Where:
- C: Owners’ equity;
- RWA: Risk-weighted asset;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- KMR: Regulatory capital for
market risk.
2. Banks without subsidiary companies and/or FBBs must
maintain the minimum capital adequacy ratio of 8% as defined in financial
statements thereof.
3. Banks with subsidiary companies must maintain:
a) The minimum capital adequacy ratio of 8% as defined in
financial statements thereof;
b) The minimum consolidated capital adequacy ratio of 8% as
defined in consolidated financial statements thereof. If these banks accept
insurance businesses as their subsidiaries, the consolidated capital adequacy
ratio shall be determined with reference to the consolidated financial
statements thereof in which these insurance subsidiary companies are not
included according to the consolidation principle stipulated by the law on
accounting, and with reference to financial statements with respect to credit
institutions.
4. As for foreign-currency accounts or entries, banks and/or
FBBs shall perform conversion into Vietnamese dong to calculate the capital
adequacy ratio as follows:
a) Comply with regulations on accounting of foreign currency
entries set forth in laws on the accounting entry system;
b) With respect to foreign currency risks, the following
regulations must be observed:
(i) Vietnamese dong and US dollar exchange rate shall be
assigned as the central exchange rate publicly quoted by the State Bank on the
reporting date;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Based on SBV’s final report on supervision, examination
and inspection of transactions performed by banks and/or FBBs, when there comes
a need to ensure the safety for operations of banks and FBBs, depending on the
characteristics and level of risks, SBV shall require these banks and FBBs to
maintain the capital adequacy ratio which is greater than the ratio required by
this Circular.
1. The
owners’ equity of banks and/or FBBs shall serve as the basis for calculation of
the capital adequacy ratio as prescribed herein.
2. The
owners’ equity shall be expressed as the total of Tier 1 and Tier 2 capital
minus deductions stipulated in Appendix 1 hereto attached.
1. Risk-weighted asset (RWA) is composed of credit
risk-weighted assets (RWACR) and counterparty credit risk-weighted
assets (RWACCR) and is calculated according to the following
formula:
RWA = RWACR + RWACCR
Where:
- RWACR: Credit risk-weighted asset;
- RWACCR: Counterparty credit risk-weighted asset.
2. Credit risk-weighted asset (RWACR) is the
asset on the balance sheet, which is calculated according to the following
formula:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Where:
- Ej: Value of the jth
asset (other than claims);
- CRWj: Credit risk weight for the jth asset stipulated
by Article 9 hereof;
- Ei*: Value of the outstanding
amount of the ith claim (Ei) defined under Clause
3 of this Article after being subject to a decreasing adjustment made as part
of the risk mitigation techniques referred to in Article 12, 13, 14 and 15
hereof;
- SPi: Specific provision for the ith claim;
- CRWi: Credit risk weight of the ith claim stipulated
by Article 9 hereof.
3.[6] The
exposure value of a claim (including the outstanding principal amount; any
interest and fee receivables which are recorded as incomes as prescribed by
laws) of a bank or FBB shall be calculated adopting the following formula:
Ei = Eoni +
Eoffi x CCFi
Where:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- Eoni: Exposure value of the on-balance sheet portion of the ith
claim;
- Eoffi: Exposure value of the off-balance-sheet (OBS) commitment
portion of the ith claim;
- CCFi: Credit conversion factor of the OBS commitment portion of
the ith claim, referred to in Article 10 hereof.
4. Calculation of counterparty credit risk-weighted asset
(RWACCR) shall be applicable to:
a) Proprietary trading transactions;
b) Repo and reverse repo transactions;
c) Derivative product transactions aimed at hedging risks;
d) Foreign exchange or financial asset trading transactions
aimed at serving the demands of customers or partners, referred to in Paragraph
d Clause 32 Article 2 hereof.
5. In the course of calculation of the capital adequacy
ratio, any transactions in which counterparty credit risks have been taken into
account shall be exempted from the requirement for credit risk anticipation. Calculation
of counterparty credit risk-weighted asset (RWACCR) shall follow
instructions given in the Appendix 2 hereto attached.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
While calculating the consolidated capital adequacy ratio,
banks can apply CRWs stipulated by host countries for claims of subsidiary,
affiliate companies or overseas bank branches.
2. As for cash, gold assets and cash equivalents of banks
and/or FBBs, the CRW equals 0%.
3. As for assets which are claims on the Government, SBV,
State Treasury, People's Committee of centrally-affiliated cities or provinces
and policy banks, the CRW is 0%. As for claims on the Vietnam Asset Management
Company (VAMC) and the Debt and Asset Trading Corporation (DATC), the CRW is
20%.
4. As for assets which are claims on international financial
institutions, the CRW is 0%.
5. As for assets which are claims on the Government and the
Central Bank of overseas countries, the CRW is relative to the credit rating as
follows:
Credit rating
From AAA to AA-
From A+ to A-
From BBB+ to BBB-
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Below B- or unrated
Credit risk weight (CRW)
0%
20%
50%
100%
150%
6. As for assets which are claims on non-central government
public sector entities, local governments of sovereigns, the CRW is applied
like the one applied to these claims on that government as prescribed by Clause
5 of this Article.
7.[7] As for
assets which are claims on financial institutions (including credit
institutions), the CRW is subject to the following regulations:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Credit rating
From AAA to AA-
From A+ to BBB-
From BB+ to B-
Below B- or unrated
Credit risk weight (CRW)
20%
50%
100%
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) As for FBBs operating within Vietnam, FBBs operating in
other countries, overseas branches of Vietnamese banks, the CRW is relative to
the credit rating of credit institutions that are their parent banks.
c) As for assets which are claims on domestic credit
institutions, except those under the form of reserve repo transactions in which
counterparty credit risks are taken into account as prescribed by Clause 4
Article 8 hereof, the CRW is applied as follows:
Credit rating
From AAA to AA-
From A+ to BBB-
From BB+ to BB-
From B+ to B-
Below B- and unrated
Claim of which original maturity is at least 3 months
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
50%
80%
100%
150%
Claim of which original maturity is fewer than 3 months
10%
20%
40%
50%
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) As for banks that are transferees under approved
mandatory transfer plans and other credit institutions, the 0% CRW shall be
applied to their loans, guarantees and deposits at transferors under such
approved mandatory transfer plans.
8. As for subordinated debt purchase or investment assets,
other debt securities issued by other banks and/or FBBs which are not taken
away from Tier 2 Capital referred to in No.19, Part I, Section A, No. 21 Part
II, Section A, No. 13 Section B Appendix 1 hereof, the CRW is subject to Point
b and Point C Clause 7 of this Article.
9. As for assets which are debts owed by enterprises other
than credit institutions or FBBs, except those referred to in Clause 10 of this
Article, the CRW is applied as follows:
a) With regard to small and medium-sized enterprises defined
under laws and regulations on assistance in development of small and
medium-sized enterprises, the CRW is 90%;
b)[8] Other
enterprises, banks and FBBs are required to define their sales targets,
leverage ratios or owners’ equity shown on the annual financial statement
(consolidated financial statement) which is audited on the latest date with
respect to enterprises subject to independent audits, or in the annual
financial statement (audited where applicable), or the financial statement
submitted to a tax authority (including documents used as evidence of such
submission) on the latest date with respect to enterprises exempted from
independent audits in accordance with laws and regulations as follows:
- Sales are defined by using figures shown on the income
statement;
- Leverage ratio = Total debt/ Total asset;
Where: Total debt is calculated as the sum of borrowings and
debts arising from short-term finance leases plus borrowings and debts arising
from long-term finance leases in accordance with applicable regulations on
accounting.
- Owners’ equity is defined by using figures shown on the
balance sheet.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Less than VND 100 billion in sales
From VND 100 billion to under VND
400 billion in sales
From VND 400 billion to VND 1500
billion in sales
Greater than VND 1500 billion in
sales
Leverage ratio of less than 25%
100%
80%
60%
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Leverage ratio ranging from 25% to 50%
125%
110%
95%
80%
Leverage ratio of greater than 50%
160%
150%
140%
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Owners’ equity being negative or equaling zero
250%
(ii) The CRW equal to 200% shall be applicable to
enterprises failing to provide their financial statements to banks or FBBs to
calculate sales targets, leverage ratios and owners’ equity;
(iii) As for enterprises coming into existence through
initial establishment procedures (excluding those created through
reorganization or legal ownership transformation procedures, etc.), and
operating within a period of less than 01 year, the credit risk weight is 150%.
c) As for specialised lending used as project, object or
commodities finances, the CRW is greater than the range between the 160% CRW and
the CRW applied to enterprises as prescribed by Point b Clause 9 of this
Article.
10.[9] As for
assets which are real estate secured loans, the CRW is subject to the following
regulations:
a) Each bank or FBB must define the loan-to-value (LTV)
ratio for loans secured by real estate property as follows:
(i) Loan-to-value (LTV) ratio = Total outstanding balance
of loan/ Value of the asset pledged as collateral. Where:
- Total outstanding balance of loan (outstanding principal
amount of the on-balance sheet and OBS commitment portions) includes total
outstanding amount of loan and total outstanding amount of other loans secured
by real estate property at the bank or FBB;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
(ii) The asset pledged as collateral will undergo a
revaluation when the bank or FBB is informed of a devaluation of such
collateral by more than 30% compared with the value determined at the lending
approval date (for initial revaluation) or compared with the value determined
at the latest date.
b) The CRW for debts secured by non-income producing real
estate property relative to the LTV ratio shall be applied as follows:
LTV
Below 40% in LTV
From 40% to below 60% in LTV
From 60% to below 80% in LTV
From 80% to below 90% in LTV
From 90% to below 100% in LTV
From 100% in LTV
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
30%
40%
50%
70%
80%
100%
c) The CRW relative to LTV ratio for debts secured by income
producing real estate property shall be applied as follows:
Below 60% in LTV
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
From 75% in LTV
Debts secured by income producing real estate property
75%
100%
120%
d) As for debts secured by real estate property which is
both income producing and non-income producing real estate property, the CRW
shall be particularly applied to either of such real estate property and be
proportionate to the gross floor area in the respective type of real estate;
dd) The CRW equaling 150% shall be applied to debts secured
by real estate property for which banks and/or FBBs are not informed of the LTV
ratio;
e) The CRW equaling 200% shall be applied to assets which
are specialized lending used for financing income producing real estate
projects. The CRW equaling 160% shall be applied to assets which are
specialized lending used for financing income producing real estate projects in
industrial parks.
11. As for home equity loans, banks and/or FBBs shall
implement the following regulations:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
(i) DSC = Total annual debt service/ Total annual income of
a customer.
Where:
- Total annual debt service includes outstanding principal
and interest amounts;
- Total annual income of a customer is the income earned
within a DSC-calculation year by a customer after tax as prescribed and
excludes the income generated from leasing of houses formed from that loan. In
the event that an individual customer acts as an authorized representative of a
family household to get involved in a borrowing relationship, total annual
income of that customer shall be determined according to total income of family
members sharing responsibility to pay debt obligations.
(ii) The DSC ratio must be redefined when banks and/or FBBs
are informed of any change in total income of their customers.
b)[10] The
CRW applied to home mortgage loans relative to the LTV ratio and DSC ratio is
as follows:
(i) As for loans for purchasing of social home or home
under the Government’s support programs/projects:
Home mortgage loans
Below 40% in LTV
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
From 60% to below 80% in LTV
From 80% to below 90% in LTV
From 90% to below 100% in LTV
From 100% in LTV
Maximum DSC ratio of 35%
20%
25%
30%
35%
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
45%
DSC ratio of greater than 35%
25%
30%
35%
40%
45%
50%
(ii) As for loans other than those specified in point b(i)
clause 11 of this Article:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Below 40% in LTV
From 40% to below 60% in LTV
From 60% to below 80% in LTV
From 80% to below 90% in LTV
From 90% to below 100% in LTV
From 100% in LTV
Maximum DSC ratio of 35%
25%
30%
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
50%
60%
80%
DSC ratio of greater than 35%
30%
40%
50%
70%
80%
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) The CRW equaling 200% shall be applied to home equity
loans for which banks and/or FBBs are not informed of the LTV and/or DSC ratio;
12. As for an asset which is the retail portfolio, the CRW
is 75%.
12a.[11] The
CRW equaling 50% shall be applied to debts which are loans granted to
individual borrowers for agricultural and rural development purposes under the
Government’s credit policies for agricultural and rural development.
13. As for bad debts, the CRW is subject to the following
regulations:
a) For a bad debt for which a specific provision is less
than 20% of value of the bad debt (except the bad debt arising from a home
equity loan for which a specific provision is less than 20% of the bad debt),
the CRW is 150%;
b) For a bad debt for which a specific provision ranges from
20% to 50% of value of the bad debt, or the bad debt arising from a home equity
loan for which a specific provision is less than 20% of value thereof, the CRW
is 100%;
c) For a bad debt for which a specific provision is greater
than 50% of value thereof, or the bad debt arising from a home equity loan for
which a specific provision is from 20% of value thereof, the CRW is 50%.
14. As for assets which are receivables arising from selling
bad debts (exclusive of receivables arising from selling bad debts to VAMC and
DATC), the CRW is 200%.
15. As for assets being owners' equity instruments, stock
purchases from enterprises (except for investments deducted from owners' equity
as prescribed in the Appendix 1 hereto attached) and loans for investment or
trade in securities or margin loans of securities firms, the CRW is 150%.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
17. As for assets being repurchases of receivables with
retained right of recourse from financial companies and finance lessor
companies as prescribed, the CRW to be applied is the CRW for debts with
respect to sellers of receivables.
As for repurchases of receivables from financial companies
and finance leasing companies, the CRW to be applied is the CRW for their
debts.
18. As for other assets on the balance sheet, except for
those referred to in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
16 and 17 of this Article, the CRW to be applied is 100%.
1. The CCF equaling 10% shall be applied to:
a) Off-balance sheet commitments (including unused credit
lines) that banks and/or FBBs reserve their rights to revoke or automatically
revoke due to customer's default on "revocable" terms or customer's
reduced capacity to discharge his/her obligations;
b) Undrawn amounts in credit cards.
2. The CCF equaling 20% shall be applied to issuance and
confirmation of commercial letters of credit based upon bills of lading which
have the maximum original maturity of 1 year.
3. The CCF equaling 50% shall be applied to:
a) Issuance or confirmation of commercial letters of credit
based upon bills of lading which have the minimum original maturity of 1 year;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Guarantees for issuance of stocks or securities.
4. The CCF equaling 100% shall be applied to:
a) Loan-equivalent off-balance sheet commitments (e.g. the
irrevocable lending commitment defined as the lending commitment that cannot be
waived or changed under any form with respect to established commitments,
unless otherwise prescribed by laws; guarantees or standby letters of credit
securing debt obligations or bonds; undisbursed irrevocable lines of credit,
etc.);
b) Payment acceptances (e.g. endorsements of documents
against acceptance, etc.);
c) Payment obligations of banks and/or FBBs arising from
selling securities for which they are entitled to make a claim due to the
issuer's default on commitments;
d) Forward contracts regarding assets, deposits and
securities partially paid in advance on which banks and/or FBBs make
commitments;
dd) Off-balance sheet commitments which have not been
prescribed in Clause 1, 2, 3, Point a, b, c and d Clause 4 of this Article.
5. As for off-balance sheet commitments which are
commitments to provide an off-balance sheet commitment (e.g. commitments on
issuance of guarantees, commitments on issuance of letters of credit, etc.),
the CCF is the lower one in a comparison between the CCF applied to commitments
to provide off-balance sheet commitments and the CCF applied to off-balance
sheet commitments to be provided by commitments.
1. Banks and/or FBBs shall be entitled to make a decreasing
adjustment to value of receivables and transactions by implementing credit
mitigation techniques referred to in Clause 2 of this Article.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Collateral;
b) On-balance sheet netting;
c) Third-party guarantee;
d) Credit derivatives.
3. Credit risk mitigation as provided for in Clause 1 of this
Article must adhere to the following principles:
a) Credit risk mitigation techniques must be implemented in
accordance with relevant laws. Documenting (papers, documents, etc.) on
derivatives and on-balance netting must be validated by signatories, clarify
responsibilities, obligations of parties involved, have legal effects and
regularly be reviewed to ensure legality and validity thereof;
b) As for risk mitigation techniques (collateral, on-balance
sheet netting and credit derivatives) implemented within a specified maturity,
where the residual maturity of a risk mitigation technique is less than that of
a claim, a decreasing adjustment to value of that claim shall be applicable to
that credit risk mitigation technique of which the original maturity is less
than one year and the residual maturity is at least three months;
c) Value of the decreasing adjustment to the risk mitigation
technique shall be subject to a haircut if the residual maturity of a risk
mitigation technique is less than the residual maturity of a claim or
transaction (hereinafter referred to as maturity mismatch);
d) In cases where credit risk mitigation techniques, claims
and transactions are not expressed in the same currency unit (hereinafter
referred to as currency mismatch), value of the decreasing adjustment to a risk
mitigation technique shall be subject to a haircut according to the currency
mismatch;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e)[12] In the
case where two or multiple different risk mitigation techniques are applied to
a single claim or transaction, banks and/or FBBs will be required to subdivide
that transaction or claim into portions covered by each type of credit risk
mitigation technique to measure the exposure value of these portions as
provided herein. If the claim or transaction cannot be subdivided into portions
covered by each type of credit risk mitigation technique, the most effective
risk mitigation technique will be applied.
4.[13] The
exposure value of a claim or transaction after risk mitigation shall be
calculated according to the following formula:
Ei* = max{0,[Ej - ∑Cj*(1-Hcj-Hfxcj)]}
+ max{0,[Ek - ∑Lk*(1-Hfxlk)]}
+ max{0,[El - ∑Gl (1-CRWgtorl/CRWl)]}
+ max{0,[En - ∑CDn*(1- Hfxcdn)]}
+ Ex
Where:
Ei = Ej + Ek
+ El + En + Ex
- Ei*: Exposure value of the ith
claim or transaction to which a decreasing adjustment is made by implementing
credit risk mitigation techniques;
- Ei : Exposure value of the ith
claim or transaction calculated as prescribed by Article 8 hereof;
- Ej: Exposure value of the ith
claim or transaction calculated as prescribed by Article 8 hereof after credit
risk mitigation by collateral;
- Ek: Exposure value of the ith
claim or transaction calculated as prescribed by Article 8 hereof after credit
risk mitigation by on-balance sheet netting;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- En: Exposure value of the ith
claim or transaction calculated as prescribed by Article 8 hereof after credit
risk mitigation by credit derivative;
- Ex: Exposure value of the ith
claim or transaction calculated as prescribed by Article 8 hereof for which no
credit risk mitigation is made;
- Cj*: Value of the collateral
subject to the haircut appropriate for maturity mismatch;
- Hcj: Collateral haircut;
- Lk*: Value of on-balance
sheet liability subject to the haircut appropriate for maturity mismatch;
- Gl: Value of third party guarantee;
- CRWgtorl: CRW of the guarantor;
- CRWl: CRW of the customer;
- CDn*: Value of the credit
derivative subject to the haircut appropriate for maturity mismatch;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Credit risk mitigation by collateral shall only be
applied to the following types of eligible collateral:
a) Cash, securities, credit cards issued by credit
institutions or foreign bank branches;
b) Gold (standard gold, physical gold, gold jewelry of which
value is converted into 99.99% purity gold);
c) Financial instruments issued or guaranteed by the
Government of Vietnam, SBV, provincial People’s Committees or banks for social
policies;
d) Debt securities rated at least BB- by an independent
credit rating company when issued by sovereigns or public sector entities
(PSEs);
dd) Debt securities rated at least BBB- by an independent
credit rating company when issued by enterprises;
e) Shares listed on Vietnam Exchange.
2. The collateral referred to in Clause 1 of this Article is
required to meet the following requirements:
a) It complies with laws and regulations on secured transactions;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) There are order matching transactions involving the
collateral referred to in points dd and e clause 1 of this Article occurring
within 10 business days prior to the calculation date, and the daily
mark-to-market price is employed to the calculation.
3. The collateral haircut (Hc) calculated
in percent (%) shall be applied according to the following principles:
a) Cash, savings cards and financial instruments issued by
bank or FBB, financial instruments issued or guaranteed by the Government of
Vietnam, SBV, provincial People's Committees or banks for social policies will
be subject to the haircut of zero;
b) Savings cards, financial instruments, securities and gold
will be subject to the following haircuts:
Credit rating of issuer of
financial instruments or securities
Residual maturity
Sovereigns (including
institutions applying the CRW treated as sovereigns)
(%)
(%)
Other issuers (%)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
From AAA to AA-
≤ 1 year
0,5
1
> 1 year, ≤ 5 years
2
4
> 5 years
4
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- From A+ to BBB-
- Savings cards, financial instruments of other credit
institutions and FBBs
≤ 1 year
1
2
> 1 year, ≤ 5 years
3
6
> 5 years
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
12
BB+ to BB-, except savings cards, financial instruments of
other credit institutions and FBBs
All
15
Main index equities VN30/HNX30 (including convertible
bonds) and gold
15
Other equities listed on Vietnam Exchange
25
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
C* = C x (t - 0.25)/(T - 0.25)
Where:
- C: Value of the collateral;
- T: min (5, residual maturity of a transaction or
claim) expressed in years;
- t: min (T, residual maturity of the collateral)
expressed in years.
5. The haircut appropriate to currency mismatch between the
claim, transaction and collateral (Hfxc) is 8%.
1. On-balance sheet netting is defined as a decreasing
adjustment by banks and/or FBBs to value of a claim in proportion to the
balance amount of deposit of a customer made at these banks and/or FBBs.
2. Banks and/or FBBs shall be entitled to make a decreasing
adjustment to value of claims by applying the on-balance sheet netting
technique upon calculation of total risk-weighted asset only if the following
conditions are met:
a) Have a well-founded legal basis for concluding that the
agreement on netting and offsetting of assets and liabilities of customers or
counterparties is enforceable regardless of whether the counterparty is
insolvent or bankrupt;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Monitor and control their risks;
d) Monitor and control the relevant exposures on a net
basis.
3. Value of the customer’s deposit balance adjusted for
maturity mismatch (L*) is calculated according to the
following formula:
L* = L x (t - 0.25)/(T - 0.25)
Where:
- L: Customer’s deposit balance;
- T: min (5, residual maturity of a transaction or
claim) expressed in years;
- t: min (T, residual maturity of the on-balance
sheet liability) expressed in years.
4. The haircut appropriate for currency mismatch between the
claim, transaction and deposit balance of a customer (Hfxl)
is 8%.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Guarantors include:
a) Government, central bank, PSEs, local governments;
b) Credit institutions and/or FBBs rated at least BBB-;
c) Corporations rated at least A-.
d)[15] International
financial institutions.
3. Credit risk mitigation by the third party guarantee will
be required to satisfy the following conditions:
a) A guarantee must represent a direct claim, be clearly
defined and incontrovertible to specific obligations of a customer or
counterparty to the guarantor;
b) The credit protection contract is irrevocable; there must
be no clause in the contract that would allow the guarantor unilaterally to
cancel the credit cover or that would increase the effective cost of cover in
the event that capability of the customer or counterparty to discharge their
obligations decreases; the guarantor is obliged to pay out in a timely manner
in the event that the customer or counterparty fails to make the payments due;
c) The credit protection contract has the minimum duration
equal to that of a claim or transaction;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) The guarantor is not a parent company, subsidiary or
affiliate company of the guarantor.
4. Where a claim is not totally guaranteed, banks and/or
FBBs shall only be allowed to make a decreasing adjustment to the portion of
the claim that has been guaranteed.
1. Banks and/or FBBs shall be entitled to make a decreasing
adjustment to value of claims by using credit derivative products only if the
following conditions are met:
a) The credit events specified by the contracting parties
must at a minimum cover:
(i) failure to pay the amounts due under terms of the
underlying obligation that are in effect at the time of such failure (with a
grace period that is closely in line with the grace period in the underlying
obligation);
(ii) bankruptcy, insolvency or inability of the obligor to
pay its debts, or its failure or admission in writing of its inability
generally to pay its debts as they become due, and analogous events;
(iii) restructuring of the underlying obligation involving
forgiveness or postponement of interest due to their financial problems.
b) A mismatch between the underlying obligation of a
customer, counterparty and the reference obligation under the credit derivative
is impermissible;
c) The credit derivative shall not terminate prior to the
grace period of the underlying obligation;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Banks and/or FBBs must calculate counterparty credit
risk-weighted assets (RWACCR) for the portion covered by
credit risk mitigation by credit derivatives in accordance with Clause 4 Article
8 hereof with respect to the issuer of credit derivatives.
3. Value of the credit derivative adjusted for maturity
mismatch (CD*) shall be calculated according to the following formula:
CD* = CD x (t - 0.25)/(T - 0.25)
Where:
- CD: Value of the credit derivative;
- T: min (5, residual maturity of a transaction or
claim) expressed in years;
- t: min (T, residual maturity of the credit
derivative) expressed in years.
4. The haircut appropriate for currency mismatch between the
claim, transaction and credit derivative (Hfxcd) is 8%.
Section 3. REGULATORY CAPITAL FOR OPERATIONAL RISK
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
KOR =
(BInthyear + BI(n-1)thyear
+ BI(n-2)th year)
x 15%
3
Where:
- BInthyear: Business
index defined in the last quarter at the calculation date;
- BI(n-1)thyear, BI(n-2)th
year: Business index defined in the respective quarters of 2 years
preceding the calculation year.
2. The business index shall be determined the following
formula:
BI = IC + SC + FC
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- IC: Absolute value of interest income and its
equivalents minus interest cost and its equivalents;
- SC: Total value of income earned from service
activities, costs incurred from service activities, other operating income and
costs;
- FC: Total absolute value of Net Profit/Loss from
foreign exchange, trading securities and investment securities trading
activities.
The business index shall be determined under instructions
given in the Appendix 3 hereto attached.
Section 4. REGULATORY CAPITAL FOR MARKET RISK
1. For purposes of identifying the regulatory capital for
market risk, a bank or FBB must develop documented policies on conditions and
criteria for determining items of the trading book in order to calculate
exposures on the trading book to ensure that they are separated from the
banking book. The bank or FBB shall take on the following obligations:
a) Make a distinction between trading-book and banking-book
transactions. Transaction data must be recorded in an accurate, adequate and
timely manner into the risk management database and accounting records thereof;
b) The sales department directly performing transactions
must be determined;
c) Trading-book and banking-book transactions must be
recognized on the system of accounting records and compared with figures
recorded by the sales department (journal for transactions or other recording
form);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Banks or FBBs will be allowed to reclassify and transfer
items from the trading book to the banking book only when these items no longer
satisfy conditions and criteria set forth in clause 1 of this Article, and will
not be allowed to transfer financial instruments from the banking book to the
trading book.
3. Each bank or FBB must develop their own policies and procedures
for determining exposures in order to calculate the regulatory capital for
market risk. These policies and procedures should, at a minimum, address:
a) Proprietary trading strategies for each type of currency,
financial instrument, derivative product, and for assurance of no selling and
buying restriction or risk-hedging capability;
b) Market risk limits set out in SBV's regulations on
internal control system of commercial banks and FBBs; limits subject to review
or assessment occurring once a year or upon the time when there are significant
changes resulting in impacts on market risk exposures;
c) Procedures for management of market risk exposures which
are required to ensure that:
(i) Market risk exposures will be closely identified,
measured, monitored, managed and supervised;
(ii) There will be a separate department to perform
proprietary trades where customer service advisers are granted autonomy to
perform transactions within permitted limits and scope of proprietary trading
strategies; there will be a department in charge of managing and keeping
account of proprietary trades and trading-book items;
(iii) Risk exposures and risk measurement results must be
reported to regulatory authorities in accordance with regulations on management
of risks of banks or FBBs;
(iv) All of the financial statuses on the trading book must
be measured and valued at current market price or data available on the market
at least once a day to determine amounts of loss, profit and market risk
exposure;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Regulations on conditions and criteria for recording of
trading-book items and transfer of items between the trading and banking books
as prescribed by laws;
dd) Methods for measuring market risk (including detailed
description of used assumptions and parameters); methods for measuring market
risk subject to review and assessment occurring annually or upon the time when
any sudden change resulting in market risk exposures occurs;
e) Procedures for monitoring risk exposures and compliance
with market risk limits in line with proprietary trading strategies of the bank
or FBB.
4. Policies
and procedures referred to in clauses 1 and 3 of this Article must be
periodically approved, released, amended or revised by relevant competent
authorities of banks or FBBs at least once a year and internally audited in
accordance with SBV’s regulations on internal control system of credit
institutions and FBBs.
5. Banks and FBBs shall submit regulations set out in clauses 1 and 3 of this
Article to the SBV (SBV Banking Supervision Agency) for supervisory purposes
prior to their entry into force. Where necessary, the SBV (SBV Banking
Supervision Agency) may request banks and FBBs in writing to revise such
policies and procedures.
1. Regulatory
capital for market risk (KMR) shall be determined according
to the following formula:
KMR = KIRR+ KER
+ KFXR + KCMR + KOPT
Where:
- KIRR : Regulatory capital for interest rate risk, except
options;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- KFXR: Regulatory capital for foreign exchange risk
(including gold), except options;
- KCMR: Regulatory capital for commodities risk, except
options;
- KOPT : Regulatory capital for options.
2. Regulatory
capital for interest rate risk (KIRR) shall be determined
according to the following formula:
KIRR= +
Where:
- : Regulatory
capital for specific interest rate risk arising from interest rate variation
due to elements relating to specific issuers, calculated by using the Appendix
4 hereto attached;
- : Regulatory
capital for general interest rate risk arising from interest rate variation due
to market interest rate elements, calculated by using the Appendix 4 hereto
attached.
Regulatory capital for interest rate risk shall be
calculated under instructions given in the Appendix 4 hereto attached.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
KER = +
Where:
- : Regulatory capital for specific equity risk arising from
equity price variation due to elements relating to specific issuers, calculated
by using the Appendix 4 hereto attached;
- : Regulatory capital for general equity risk arising
from equity price variation due to elements relating to market price,
calculated by using the Appendix 4 hereto attached.
Regulatory capital for equity risk shall be calculated under
instructions given in the Appendix 4 hereto attached.
4.[17] Regulatory capital for foreign
exchange risk (KFXR) shall apply in the event that total
value of net foreign exchange exposure (including gold) of a bank or FBB is
greater than 2% of its owner equity. Regulatory capital for foreign exchange
risk and total value of net foreign exchange exposure (including gold) shall be
calculated under instructions given in the Appendix 4 hereto attached.
5. Regulatory
capital for commodities risk (KCMR) shall be calculated under
instructions given in the Appendix 4 hereto attached.
6. Regulatory
capital for options (KOPT) shall apply only when total value
of options is greater than 2% of the owners’ equity of banks and/or FBBs. Regulatory capital for options (KOPT)
shall be calculated under instructions given in the Appendix 4 hereto attached.
Section 5. REPORTING AND INFORMATION DISCLOSING REGIME
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. On biannual basis in a given financial year, banks and/or
FBBs shall disclose information on the capital adequacy ratio as stated in
requirements set out in the Appendix 5 hereto attached.
2. Banks and/or FBBs must develop their own information
disclosure procedures ensuring:
a) Form (such as requirement relating to publications or
postings on the website, etc.) and location (such as requirement relating to
notification at main office) of disclosure of information about the capital
adequacy ratio is specifically stipulated to guarantee transparency, public
access and convenience for individuals and organizations concerned;
b) Disclosed information (especially quantitative
information) must correspond to figures shown in the financial statement
released at the same date;
c) There are processes and methods for collecting
information (qualitative and quantitative contents) about the capital adequacy
ratio as prescribed herein;
d) There are policies and procedures for examining accuracy,
adequacy and update of disclosed information as prescribed herein;
dd) Responsibilities, authority and cooperation with
departments and individuals concerned in information disclosure activities must
be fully prescribed;
e) Information disclosure procedures must be made known to
individuals and departments concerned, and must be reviewed and revised on
annual basis.
3. Banks and/or FBBs must submit information disclosure
procedures to SBV (via SBV Banking Supervision Agency) within a period of 10
days from the date of release, revision or replacement occurring.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.[18] Supervise,
examine and inspect the compliance of banks and FBBs with regulations enshrined
herein accordance with regulations of law and as assigned by the SBV’s
Governor.
2. Take charge of and collaborate with Departments and
Authorities concerned in requesting the SBV’s Governor in application of the
minimum capital adequacy ratio which is greater than 8% in accordance with
regulations set out in Article 6 hereof.
3. Collaborate with the Forecasting and Statistics
Department in development of report templates for the capital adequacy ratio
issued together with SBV’s regulations on statistical reporting system.
1. The Forecasting and Statistics Department shall act as
the central entity for submission of capital adequacy ratio report templates to
the SBV’s Governor as prescribed herein.
2.[19] SBV’s
provincial branches shall supervise, examine and inspect the compliance of
local banks and FBBs with regulations enshrined herein accordance with
regulations of law and as assigned by the SBV’s Governor.
IMPLEMENTATION[20],[21]
1. This Circular shall enter into force from January 1,
2020, except for the cases specified in Clause 2 and Clause 3 of this Article.
2. Banks and FBBs that are able to apply the capital
adequacy ratios referred to herein prior to the date referred to in Clause 1 of
this Article shall submit an application for implementation of this Circular to
SBV (SBV Banking Supervision Agency) in which capability to implement these
ratios and implementation schedule date must be clearly defined. The date
of official implementation of this Circular by the banks and FBBs that submit
the aforementioned application shall be specified in writing by SBV.
3. The banks and FBBs that are not able to apply the capital
adequacy ratios specified in this Circular shall send written requests for
permission to apply the minimum capital adequacy ratios to SBV (SBV Banking Supervision
Agency) and SBV’s branches of provinces or cities where their headquarters are
located by January 01, 2020.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The Chief of the Office, Chief of the SBV Banking
Supervision Agency, Heads of affiliated entities of SBV, Directors of SBV’s provincial
branches, Chairpersons of the Board of Directors, Chairpersons of the Board of
Members, and General Directors (Directors) of banks and/or FBBs, shall be
responsible for implementation of this Circular./.
CERTIFIED BY
PP. GOVERNOR
DEPUTY GOVERNOR
Doan Thai Son
[1] The Circular No. 22/2019/TT-NHNN prescribing limits and prudential
ratios for operations of banks and foreign bank branches is promulgated
pursuant to:
“The Law on State
Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Pursuant to the
Law on amendments to the Law on Credit Institutions dated November 20, 2017;
The Government's Decree
No. 16/2017/ND-CP dated February 17, 2017 prescribing functions, tasks, powers
and organizational structure of the State Bank of Vietnam; and
At the request of the
Head of the SBV Banking Supervision Agency;”
[2] The Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches is promulgated pursuant to:
“The Law on the
State Bank of Vietnam dated June 16, 2010;
Pursuant to the
Law on Credit Institutions dated June 16, 2010 and the Law on amendments to the
Law on Credit Institutions dated November 20, 2017;
The Government's Decree No.
102/2022/ND-CP dated December 12, 2022 prescribing functions, tasks, powers and
organizational structure of the State Bank of Vietnam;
At the request of the Head of the
SBV Banking Supervision Agency;”
[3] This Clause is amended according to Clause 1 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[5] This Clause is amended according to Clause 3 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[6] This Clause is amended according to Clause 4 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[7] This Clause is amended according to Clause 5 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[8] This Point is amended according to Clause 6 Article 1 of the
Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[9] This Clause is amended according to Clause 7 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[10] This Point is amended according to Clause 8 Article 1 of the
Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[11] This Clause is amended according to Clause 9 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[12] This Point is amended according to Clause 10 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[13] This Clause is amended according to Clause 11 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[15] This Point is amended according to Clause 13 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[16] This Article is amended according to Clause 14 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[17] This Clause is amended according to Clause 15 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[18] This Clause is amended according to Clause 16 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[19] This Clause is amended according to Clause 17 Article 1 of
the Circular No. 22/2023/TT-NHNN providing amendments to Circular No.
41/2016/TT-NHNN dated December 30, 2016 of the Governor of the State Bank of
Vietnam prescribing capital adequacy ratio for operations of banks and foreign
bank branches, coming into force from July 01, 2024.
[20] Article 24 and Article 25 of the Circular No.
22/2019/TT-NHNN dated November 15, 2019 of the Governor of the State Bank of
Vietnam prescribing limits and prudential ratios for operations of banks and
foreign bank branches, coming into force from January 01, 2020, stipulate that:
“Article 24. Effect
1. This Circular comes into force from
January 01, 2020.
2. Article 23 of the Circular No.
41/2016/TT-NHNN is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. This Circular shall enter into force
from January 1, 2020, except for the cases specified in Clause 2 and Clause 3
of this Article.
2. Banks and FBBs that are able to
apply the capital adequacy ratios referred to herein prior to the date referred
to in Clause 1 of this Article shall submit an application for implementation
of this Circular to SBV (SBV Banking Supervision Agency) in which capability to
implement these ratios and implementation schedule date must be clearly
defined. The date of official implementation
of this Circular by the banks and FBBs that submit the aforementioned
application shall be specified in writing by SBV.
3. The banks and FBBs that are not able
to apply the capital adequacy ratios specified in this Circular shall send
written requests for permission to apply the minimum capital adequacy ratios to
SBV (SBV Banking Supervision Agency) and SBV’s branches of provinces or cities
where their headquarters are located by January 01, 2020.
The request shall specify the
reasons for application of the minimum capital adequacy ratios from January 01,
2020, the plan (solutions and road map) for ensuring compliance to this
Circular by January 01, 2023, except for banks that follow the road map under
the Prime Minister’s Decision No. 1058/QD-TTg dated July 19, 2017. The
date of application of this Circular shall be the date written in the request
or the approved restructuring plan under Decision No. 1058/QD-TTg.
3. The following documents are no
longer applicable to banks and FBBs:
- The Circular
No. 36/2014/TT-NHNN dated November 20, 2014 of the Governor of SBV on
limits and prudential ratios applicable to credit institutions and FBBs;
- The Circular
No. 06/2016/TT-NHNN dated May 27, 2016 of the Governor of SBV on
amendments to Circular No. 36/2014/TT-NHNN;
- The Circular No. 19/2017/TT-NHNN
dated December 28, 2017 of the Governor of SBV on amendments to Circular
No. 36/2014/TT-NHNN;
- The Circular
No. 16/2018/TT-NHNN dated July 31, 2018 of the Governor of SBV on
amendments to Circular No. 36/2014/TT-NHNN;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 25. Implementation
organization
The Chief of the Office, Chief of
the SBV Banking Supervision Agency, Heads of affiliated entities of SBV,
Directors of SBV’s provincial branches, Chairpersons of the Board of Directors,
Chairpersons of the Board of Members, and General Directors (Directors) of
banks and/or FBBs, shall be responsible for implementation of this Circular./.”
[21] Article 3 and Article 4 of the Circular No. 22/2023/TT-NHNN
providing amendments to Circular No. 41/2016/TT-NHNN dated December 30, 2016 of
the Governor of the State Bank of Vietnam prescribing capital adequacy ratio
for operations of banks and foreign bank branches, coming into force from July
01, 2024, stipulate that:
“Article 3. Responsibility for
implementation
The Chief of the Office, Chief of
the SBV Banking Supervision Agency, heads of units affiliated to the SBV, banks
and FBBs assume responsibility to organize the implementation of this Circular.
Article 4. Effect
This Circular comes into force from
July 01, 2024./.”
[22] This
Article is amended according to clause 2 Article 24 of the Circular No.
22/2019/TT-NHNN prescribing limits and prudential ratios for operations of
banks and foreign bank branches, coming into force from January 01, 2020.