STATE
BANK OF VIETNAM
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
|
No.
18/1998/QD-NHNN7
|
Hanoi,
January 10th, 1998
|
DECISION
ON
THE ISSUANCE OF THE RULE ON FOREIGN CURRENCY POSITION FOR CREDIT INSTITUTIONS AUTHORISED
TO ENGAGE IN FOREIGN EXCHANGE BUSINESS
THE GOVERNOR OF THE STATE BANK
Pursuant to the Ordinance on
the State Bank of Vietnam promulgated by the Decree No 37/LCT/HDNN8 dated 23
May, 1990 of the Chairman of the State Council of the Socialist Republic of
Vietnam.
Pursuant to Decree No. 15/CP dated 02 March, 1989 of the Government stipulating
the assignment, authority, responsibility of state management of Ministries and
ministerial-level agencies.
Upon the proposal of the Director of the Foreign Exchange Control
Department.
DECIDES
Article 1.
To issue in conjunction with
this Decision the Rule on foreign currency position for credit institutions
authorised to engage in foreign exchange business.
Article 2.
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Article 3.
Head of Governor office,
relevant departments of the State Bank, General Managers of State Bank in the
provinces and cities, the Director of Foreign Exchange Control Department, the
Chief Inspector of the State Bank and Director General (Directors) of the
credit institutions authorised to engage in foreign exchange business shall be
responsible to enforce this decision.
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Le Duc Thuy
RULE
ON
FOREIGN EXCHANGE POSITION FOR CREDIT INSTITUTIONS AUTHORISED TO ENGAGE IN
FOREIGN EXCHANGE BUSINESS
(issued in conjunction with Decision No. 18/1998/QD-NHNN7 of the Governor of
the State Bank of Vietnam dated 10 January 1998)
I. GENERAL PROVISIONS
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The Rule on foreign currency
position is to ensure the efficiency the foreign currency business of the
credit institutions which engage in foreign currency activities, contributing
step by step to make the foreign exchange market complete and to integrate the
foreign currency activities of credit institutions into the international
financial markets.
Article 2. Entities to
apply
The Rule on foreign currency
position shall be applied to credit institutions authorised to engage in
foreign exchange business including state-owned commercial banks, banks for
investment and development, joint stock commercial banks, joint venture banks
and finance companies.
Foreign banks branches operating
in Vietnam shall not be subject to this Decision.
Article 3. In this Rule,
the following terms shall be interpreted as follows:
1. Foreign currency is the
currencies used by credit institutions in their business except for the
Vietnamese Dong.
2. Foreign currency position of
each foreign currency is the difference between the total assets and total
liabilities denominated in this currency, including the respective off-balance
sheet items.
If the total assets are larger
than the total liabilities, there occurs the foreign currency long position.
If the total assets are less
than the liabilities, there occurs the foreign currency short position.
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3. "The total foreign
currencies long position "is the sum of the long position of foreign
currencies. "The total foreign currency short position" is the sum of
short position of foreign currencies which are in a short position.
4. The foreign currency position
at the end of the day is the foreign currency position at the close of a
business day.
5. "The total foreign
currencies positions at the end of the day is the total foreign currencies
positions at the close of a business day.
6. "Limits of foreign
currency position" is the maximum levels of foreign exchange long position
and short position the credit institutions are permitted to maintain.
Article 4.
Transactions, which give rise to
a foreign currency position, shall include selling or buying spot and forward
transactions.
II. DETAILED PROVISIONS
Article 5.
Credit institutions authorised
to engage in foreign exchange business (except foreign banks' branches) shall
comply with the following regulation on limits of foreign currency positions:
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2. The total foreign currencies
short position at the close of a business day shall not exceed 30% of the own
capital of a credit institution.
3. The US Dollar long or short
position at the close of a business day of a credit institution shall not
exceed 15% of the own capital of a credit institution.
Article 6.
Credit institutions shall buy or
sell foreign currency so as to ensure the foreign currency position at a close
of a business day to be within the limits provided for in Article 5 of this
Rule.
Article 7.
The own capital used in the
calculation of the foreign currency position shall be calculated in accordance
with the current provision of the State Bank.
Article 8. Principles to
calculate the foreign currency position
1. Principle to calculate the
position of each foreign currency: to subtract the total liabilities
denominated in one foreign currency from its total asset denominated in that
currency, including the respective off-balance sheet items and the forward
transactions.
2. The principles to calculate
the total foreign currencies position: to convert the position of each foreign
currency to Vietnamese Dong. Then, add all the foreign currencies long position
in order to arrive at the total long position and add all foreign currency
short position to arrive at the total short position to calculate the ratio of
each total position to the own capital.
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III. REPORTING REQUIREMENT
Article 9.
Credit institutions authorised
to engage in foreign exchange business shall, every day before 10 am, submit a return
of total value of buying and selling transaction of the previous day to the
State Bank (Department of Foreign Exchange Control) using the pro-forma for the
return of value of buying and selling transaction (attached to this Rule).
The General Director (Director)
of credit institutions authorised to engage in foreign exchange business
(except for foreign bank branches) shall, every month on the 15th and the last
day of the month, submit to the State Bank (Department of Foreign Exchange
Control), a return on the foreign currency position of the whole system as of
the reporting day, in accordance with the pro-forma attached. The return shall
be submitted at the latest, 3 days after the reporting.
IV. DEALING WITH VIOLATIONS
Article 10.
Violations of reporting
requirement shall be dealt with in accordance with provisions of the laws or in
the following manner:
1. Warning in case of late
submission of return; and
2. Termination of a part of or
the entire foreign currency buying and selling activities in case of continuous
late submission of returns or no return is submitted.
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Violations of limits of foreign
currency positions shall be dealt with in accordance with provisions of the
laws or the following manner:
1. Reprimand for the first violation
and on the subsequent business day, the credit institution shall either buy or
sell foreign currency in order to bring the position back to the permitted
limits;
2. Termination of a part of or
the entire foreign currency buying and selling activities in case of the second
violation until the credit institution returns to the permitted limits; and
3. If the third violation
occurs, the licence for foreign currency business shall be revoked.
V. IMPLEMENTING ORGANISATION
Article 12.
The Director of the Department
of Foreign Exchange Control shall be responsible to coordinate with the
relevant departments; the State Bank branches to disseminate, organise the
implementation of this Rule, consolidate and report to the Governor of the
State Bank of the performance of foreign exchange transaction in the system of
the credit institutions authorised to engage in foreign exchange business and
distribute copies of this report to other relevant departments and State Bank
branches for cooperation in providing the guidance and supervision.
Article 13.
The Chief Inspector of the State
Bank shall be responsible for examining and supervising the status of
compliance with the reporting requirement, provision on the limits of foreign
currency positions and foreign currency transaction performance of credit
institutions authorised to engage in foreign exchange business.
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General managers of State Bank
branches in cities and provinces shall be responsible for the examination and
supervision of the status of compliance with the reporting requirement and the
limits of foreign currency positions and foreign currency transaction
performance of the credit institutions authorised to engage in foreign exchange
business in the localities.
Article 15.
General Directors (Directors) of
the credit institutions authorised to engage in foreign exchange business
mentioned in Article 2 shall be responsible for implementation of the
provisions of this Rule.
Article 16:
Any change or supplement to the
provisions of this Rule shall be decided upon by the Governor of the State
Bank.
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Le Duc Thuy