THE
STATE BANK
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
No.
1085/2002/QD-NHNN
|
Hanoi,
October 07, 2002
|
DECISION
PROMULGATING THE
REGULATION ON OVERDRAFTS AND OVERNIGHT LOANS APPLICABLE TO INTER-BANK
ELECTRONIC PAYMENT
THE STATE BANK GOVERNOR
Pursuant to the Law on the State Bank of
Vietnam and the Law on Credit Institutions of December 12, 1997;
Pursuant to the Government’s Decree No. 15/CP of March 2, 1993 on the tasks,
powers and State management responsibilities of the ministries and
ministerial-level agencies;
Pursuant to the Government’s Decree No.64/2001/ND-CP of September 20, 2001 on
activities of payment through payment service-providing organizations;
At the proposal of the director of the Monetary Policy Department,
DECIDES:
Article 1.- To promulgate
together with this Decision the Regulation on overdraft and overnight loans
applicable to inter-bank electronic payment.
Article 2.- This Decision
takes effect 15 days after its signing.
Article 3.- The heads of
the units attached to the State Bank, the directors of the State Bank’s
branches in the provinces and centrally-run cities, and the chairmen of the
Managing Boards and general directors (directors) of banks being direct members
of the inter-bank electronic payment system shall have to implement this
Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Phung Khac Ke
REGULATION
ON OVERDRAFTS AND
OVERNIGHT LOANS APPLICABLE TO INTER-BANK ELECTRONIC PAYMENT
(Promulgated together with the State Bank Governor’s Decision No.
1085/2002/QD-NHNN of October 7, 2002)
Article 1.- Scope and
objects of application
This Regulation prescribes the overdrafts and
overnight loans provided by the State Bank of Vietnam to the banks being
members directly joining the inter-bank electronic payment system (hereinafter
called the banks for short) in order to defray the temporary capital shortage
in inter-bank electronic payment.
Article 2.- Interpretation
of terms
1. Overdraft in inter-bank electronic payment
means that the banks are entitled to spend in excess of the balance of their
payment accounts opened at the State Bank’s Transaction Bureau on payment days.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 3.- Purposes of
overdrafts and overnight loans
1. The banks shall be entitled to overdraw in
order to defray temporary payment capital shortage on a day in inter-bank electronic
payment.
2. The banks shall be provided by the State Bank
of Vietnam overnight loans to liquidate their overdrafts at the end of a
working day.
Article 4.- Conditions for
overdrafts and overnight loans
To be entitled to make overdrafts and be provided
with overnight loans, the banks must fully meet the following conditions:
1. Having written requests for overdrafts and
overnight loans accepted by the State Bank;
2. Recognizing and abiding by the provisions of
this Regulation;
3. Having collateral assets for securing loans.
Article 5.- Assets pledged
for overdrafts and overnight loans
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ State Treasury bills;
b/ State Bank bills;
c/ Other valuable papers prescribed by the State
Bank Governor in each period.
2. Conditions for pledged assets to be accepted:
Valuable papers shall be accepted by the State
Bank of Vietnam as pledged assets when the following conditions are fully met:
a/ The banks are payees (for registered valuable
papers), or lawful holders (for bearer valuable papers);
b/ Pledged valuable papers defined in Clause 2
of this Article have a remaining valid duration of at least 10 days;
c/ They can be traded or paid to the State Bank
of Vietnam as the third party according to the provisions of law and
commitments of payees;
d/ Where they are issued in the book-entry form,
there must be certification and guarantee by the organizations liable to pay
for such valuable papers that the payment shall be made to the State Bank when
the banks unpaid debts become due.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
G
=
GT
1
+
Ls x n
365 x 100
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- G: The value of valuable papers at the time of
valuation;
- GT: The value of valuable papers when they
become mature:
+ For valuable papers issued in par-value form,
GT shall be the amount paid for such valuable papers when they become mature
(both principal and interest),
+ For valuable papers issued in discount form,
GT shall be the denomination of such valuable papers;
- Ls: The interest rate applicable to the
valuation shall be the bid-winning interest rate of Treasury bills, State Bank
bills and other valuable papers at the trading session closest to the time of
valuation (calculated by %/year) determined by the State Bank’s Transaction
Bureau depending on each type of valuable papers.
- n: Remaining duration of valuable papers.
4. In cases where the value of valuable papers
pledged at the State Bank’s Transaction Bureau is lower than the actual
overdraft level, the banks shall have to additionally pledge short-term
valuable papers to ensure that the value of pledged valuable papers is at least
equal to 105% of the actual overdraft level.
Article 6.- Overdraft and overnight loan
levels
1. The overdraft level shall be equal to actual
payment capital shortage in inter-bank electronic payment transactions, but the
total overdraft level must not exceed 95% of the value of pledged valuable
papers.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 7.- Overnight loan
interest rates
Overnight loan interest rates shall be
prescribed by the State Bank of Vietnam in conformity with the monetary
policy’s objectives in each period.
Article 8.- Procedures for
making overdrafts and providing overnight loans
1. Procedures for making overdraft:
When a bank falls short of capital in its
payment deposit account and is unable to supplement it from its own capital
source or through transactions in the monetary market, the inter-bank
electronic payment system shall automatically raise a maximum amount equal to
95% of the value of pledged assets in the bank’s payment deposit account to
execute the payment orders. As soon as the capital in the bank’s payment
deposit account is supplemented, the payment system shall automatically make
deductions to repay the overdraft.
2. Procedures for providing overnight loans:
a/ At the end of a working day, if the payment
deposit account balance is not enough to liquidate the overdraft, the
inter-bank electronic payment system shall automatically convert such
unliquidated overdraft into overnight loan, and the bank shall have to bear
overnight loan interest.
b/ On the next working day, the bank shall repay
the overnight loan principal and interest to the State Bank’s Transaction
Bureau. In cases where the bank has not yet fully repaid the overnight loan,
the unrepaid overnight loan debt shall be converted into overdraft of such
working day.
Article 9.- Handling of
cases where the banks are unable to repay overnight loans
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 10.-
Responsibilities of the banks
1. To repay overnight loan principals and
interests within the time limit.
2. To add short-term valuable papers for pledge
to ensure that the value of pledged valuable papers be at least equal to 105%
of the actual overdraft level.
Article 11.- Powers and
responsibilities of the State Bank of Vietnam
1. To refuse overdrafts and overnight loans for
banks which fail to fully meet the conditions prescribed in Article 4 of this
Regulation.
2. To keep and preserve valuable papers pledged
by the banks.
3. To handle pledged valuable papers to recover
debts if the banks are unable to repay overnight loans.
Article 12.- Organization
of implementation
The banks participating in the inter-bank
electronic payment system shall have to implement this Regulation. The
amendment and supplementation of this Regulation shall be decided by the State
Bank Governor.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Phung Khac Ke