THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom Happiness
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No.
04/2007/QD-NHNN
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Hanoi,
January 22, 2007
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DECISION
ON
OVERDRAFT AND OVERNIGHT LENDING APPLICABLE IN THE INTER-BANK ELECTRONIC PAYMENT
THE 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 in 2003;
- Pursuant to the Decree No. 64/2001/ND-CP dated 20 September 2001 of the
Government on the payment activities through payment services suppliers;
- Pursuant to the Decree No. 141/2003/ND-CP dated 20 November 2003 of the
Government on the issuance of Governments Bonds, Bonds guaranteed by the
Government and Bonds of local governments;
- Pursuant to the Decree No. 151/2006/ND-CP dated 20 December 2006 of the
Government on investment credit and export credit of the State Bank;
- Pursuant to the Decree No. 52/2003/ND-CP dated 19 May 2003 of the Government
providing for the function, assignments, authorities and organizational
structure of the State Bank of Vietnam;
- Upon the proposal of the Director of the Monetary -Policy Department,
DECIDES;
Article 1. Governed scope
and subjects of application
This Decision provides for the
overdraft and overnight lending by the State Bank of Vietnam to banks which are
set up and operate in accordance with the Law on Credit Institutions, are
direct participants to the inter-bank electronic payment system (hereinafter
referred to as banks) in order to satisfy the deficit on the clearance account
in the inter-bank electronic payment.
Article 2. Interpretation
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2. Overnight lending in the
inter-bank electronic payment means the State Bank of Vietnam extends loans
secured by the mortgage of valuable papers to the banks within the period of
time commencing from the previous working day to 8h30 of the following working
day.
Article 3. Purposes of
the overdraft and overnight lending
1. Banks shall be entitled to
make overdraft to cover the temporary deficit of payment funds during a day of
the inter-bank electronic payment.
2. Bank shall be extended an
overnight loan by the State Bank of Vietnam to settle the overdraft at the end
of a working day.
Article 4. Conditions of
the overdraft and overnight lending
In order to be entitled to
receive the overdraft and overnight loan, banks must satisfy following
conditions:
1. Availability of an
application for the overdraft and overnight borrowing, which is accepted by the
State Bank of Vietnam;
2. Accepting and complying with
provisions of this Decision;
3. Availability of mortgaged
assets for the implementation of the loan security.
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1. Assets mortgaged for the
overdraft, overnight loan of banks shall include:
a. The State Treasury Bills;
b. The State Bank Bills;
c. The State Treasury Bonds;
d. Bonds for Central
Government's projects
dd. Government Bonds for the
construction of Mother Land
e. Governments bonds issued by
the Fund for Development Support before the Fund for Development Support was
reorganized as Vietnam Development Bank, Governments Bonds issued by Vietnam
Development Bank under the designation of the Prime Minister and bonds issued
by Vietnam Development Bank of which the payment of interest, principal is
guaranteed by the Government;
g. Local governments bonds
issued by Hanoi Peoples Committee and Hochiminh Peoples Committee;
h. Other valuable papers
provided for by the Governor of the State Bank from time to time, applicable to
refinancing transactions of the State Bank of Vietnam.
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2. Conditions for the acceptance
of mortgaged assets:
Valuable papers shall be
accepted by the State Bank of Vietnam as mortgaged asset when satisfying
following conditions:
a. Bank is also the beneficiary
(in respect of non-bearer valuable paper) or is legal holder (in respect of
bearer valuable paper);
b. The minimum remaining payment
term of mortgaged valuable papers is 10 days for those provided for in point a,
b, c, d, dd, Paragraph 1 of this Article; is 30 days for those provided for in
point e, g, Paragraph 1 of this Article;
c. They are permitted for use in
transactions with and payment to the State Bank of Vietnam in accordance with
provisions of applicable laws;
d. In case where mortgaged
valuable papers are issued in form of book-entry, it is required to have a
written confirmation by the organizations, which are responsible for the
payment, to the extent that they shall make payment to the State Bank of
Vietnam when banks cannot make debt repayment.
3. Value of mortgaged valuable
papers at the time of valuation shall be determined in form of discount.
Banking Operation Department of the State Bank of Vietnam shall provide
specific guidance on the determination of the value of mortgaged valuable
papers according to the formulas corresponding to the issuance mode of
mortgaged valuable papers and corresponding to the actual conditions of
monetary market.
4. In case where the value of
valuable papers mortgaged at the Banking Operation Department of the State Bank
of Vietnam is lower than the actual overdraft level, banks must supplement the
mortgaged short-term valuable papers to ensure that the value of the mortgaged
valuable papers is at least equal to 105% of the actual overdraft level.
Article 6. The level of
the overdraft and overnight lending
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2. The overnight lending level
shall be equal to the actual overdraft balance at the end of a working day, but
shall not be in excess of 95% of the value of mortgaged valuable papers at the
time of valuation.
3. The determination of the
transaction value of mortgaged valuable papers which are bonds provided for in
point e, g, Paragraph 1, Article 5 of this Decision upon calculating the level
of overdraft and overnight lending shall be performed in accordance with the
provisions in Article 3, 4 of the Decision No. 1909/QD-NHNN dated 30 December
2005 of the Governor of the State Bank of Vietnam on the use of several types
of bonds by credit institutions in refinancing transactions of the State Bank
of Vietnam, other related legal documents and guidance of the Banking Operation
Department of the State Bank of Vietnam.
Article 7. Overnight
lending interest rate
The interest rate applicable to
overnight lending shall be stipulated by the Governor of the State Bank of
Vietnam in accordance with the target of monetary policy from time to time.
Time of calculation, collection of interests of overnight loans shall be guided
by the Banking Operation Department of the State Bank in line with the
provisions of the State Bank of Vietnam on the methods of calculation and
accounting for the collection and payment of interests by credit institutions.
Article 8. Process of the
overdraft and overnight lending
1. Overdraft process:
When there is not enough funds
in the banks clearance account and the banks can not supplement funds from
their own fund sources or through transactions in the monetary market, the
inter-bank electronic payment system shall automatically increase the amount to
a maximum level as provided for in Article 6 of this Decision in the banks
clearance account for performing the payment order. When funds in the clearance
account of the banks are supplemented, the payment system shall automatically
deduct the overdraft amount from the account (including principal and interest)
2. Process of overnight lending
a. At the end of a working day,
if the balance of clearance account is not sufficient to settle the overdraft
amount, the inter-bank electronic payment system shall automatically transfer
the unpaid overdraft amount to overnight lending account and the bank shall be
subject to overnight lending interest.
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Article 9. Dealing with
cases where bank is not able to pay overnight loan
In case where, after 02
consecutive working days from the arising date of the overnight loan, a bank
fails to fully pay the overnight loan, the State Bank of Vietnam shall give a
notice to the bank and request for the payment. If after 02 following working
days from the date of notice, that bank still fails to fully pay the overnight
loan, the State Bank of Vietnam shall dispose of mortgaged assets to recover
the overnight loan and consider deleting the name of that bank from the
inter-bank electronic payment system.
Article 10. Responsibilities of parties
1. Responsibilities of the
banks:
a. To pay principal and interest
of the overnight loan in due course.
b. To supplement mortgaged
valuable papers to ensure that the minimum value of mortgaged valuable papers
to be equal to 105% of the actual overdraft level.
2. Responsibilities of the State
Bank of Vietnam
a. To refuse to extend the
overdraft and overnight loan to the bank which does not satisfy conditions in
accordance with provisions in Article 4 of this Decision.
b. To keep and preserve valuable
papers mortgaged by banks;
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Article 12. Implementing
organization
1. This Decision shall be
effective after 15 days since its publication in the Official Gazette, replace
the Decision No. 1085/2002/QD-NHNN dated 7 October 2002 of the Governor of the
State Bank of Vietnam on the issuance of the Regulation on overdraft and overnight
lending applicable in inter-bank electronic payment and the Decision No.
185/2004/QD-NHNN dated 24 February 2004 of the Governor of the State Bank of
Vietnam on the amendment, supplement of paragraph 1, 2, 3, Article 5 of the
Regulation on the overdraft and overnight lending applicable in inter-bank
electronic payment issued in conjunction with the Decision No.
1085/2002/QD-NHNN dated 7 October 2002.
2. Director of Administrative
Department, Director of Monetary - Policy Department, Heads of units of the
State Bank of Vietnam, Managers of the State Bank Branches in provinces, cities
under the central Governments management; Chairperson of the Board of Directors
and General Mangers (Managers) of banks shall be responsible for the
implementation of this Decision.
FOR
THE GOVERNOR OF THE STATE BANK OF VIETNAM
DEPUTY GOVERNOR
Nguyen Dong Tien