STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom Happiness
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No.
18/2007/QD-NHNN
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Hanoi,
April 25, 2007
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DECISION
ON AMENDMENT OF AND ADDITION TO A NUMBER OF ARTICLES OF THE
REGULATIONS ON CLASSIFICATION OF DEBTS, AND ESTABLISHMENT AND USE OF RESERVES
TO DEAL WITH CREDIT RISKS IN BANKING OPERATIONS BY CREDIT INSTITUTIONS, ISSUED
WITH DECISION 493/2005/QD-NHNN OF THE STATE BANK OF APRIL 22nd, 2005
THE GOVERNOR OF THE STATE BANK
Pursuant to the 1997 Law on
State Bank of Vietnam and the 2003 Law on Amendment of and Addition to a
Number of Articles of the Law on State Bank of Vietnam;
Pursuant to the 1997 Law on Credit Institutions and the 2004 Law on Amendment
of and Addition to a number of Articles of the Law on Credit Institutions;
Pursuant to Decree 52/2003/ND-CP of the Government dated 19 May 2003
stipulating the functions, duties, powers and organizational structure of the
State Bank of Vietnam;
With approval from the Minister of Finance in Official Letter 15887/BTC-TCNH
dated 15 December 2006; On the proposal of the Director of the Department for
Banks and Non-Banking Credit Institutions,
DECIDES:
Article 1. To
amend and supplement a number of articles of the Regulations on classification
of debts, and establishment and use of reserves to deal with credit risks in
banking operations by credit institutions, issued with Decision
493/2005/QD-NHNN of the State Bank dated 22 April 2005 as follows:
1. To
amend and add to clause 4 of article 3 as follows:
"4. With respect to
guarantees, acceptances of payment and loan commitments which are irrevocable,
unconditional and the timing for implementation of which is specified
(hereinafter all referred to as off-balance sheet commitments), any credit
institution must classify them into the groups stipulated in article 6 or 7 of
these Regulations as follows:
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- [Such commitments] shall be
classified into Group 1 and a general reserve shall be established in
accordance with article 9 of these Regulations if the credit institution
assesses its clients are able to fully perform their obligations in accordance
with undertakings;
- [Such commitments] shall be
classified into Group 2 or a higher group depending on the assessment of the
credit institution and a specific reserve or general reserve shall be
established in accordance with articles 8 and 9 of these Regulations if the
credit institution assesses its clients are not able to perform their
obligations in accordance with undertakings.
(b) When the credit institution
is required to perform its obligations in accordance with undertakings, it
shall classify payments for guarantees and payments for acceptances of payment
into the debt groups stipulated in article 6 or 7 of these Regulations with the
number of overdue dates calculated from the date the credit institution
performs its obligations in accordance with undertakings as follows:
- [Such payments] shall be
classified into Group 3 if they are overdue for less than thirty (30) days;
- [Such payments] shall be
classified into Group 4 if they are overdue for a period of between thirty (30)
days and ninety (90) days;
- [Such payments] shall be
classified into Group 5 if they are overdue for ninety one (91) days or more.
The credit institution shall
conduct the classification in accordance with the following principle: payments
for guarantees and payments for acceptances of payments shall be classified
into a debt group with the level of risks equal to or higher than the debt
group to which guarantees and acceptances of payments were previously
classified in accordance with clause 4(a) of this article.
2. To add
clause 3 to article 4 as follows:
"3. Every six months,
credit institutions shall submit written reports to the State Bank (Department
for Banks and Non-Banking Credit Institutions) on formulation of their internal
credit ranking systems in accordance with clause 1 of this article, with the
following particulars:
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- Status and schedule of
implementation, proposed completion time, proposed time for pilot application
and its results (if any);
- Issues to be currently dealt
with;
- Other relevant contents."
3. To amend
and add to article 6 as follows:
"Article 6
1. A credit institution shall
carry out the classification of debts into five (5) groups as follows:
(a) Group 1 (standard) shall
consist of:
- Debts not yet due and the
credit institution assesses principal and interest as being able to be
recovered in a full and timely manner;
- Debts which are overdue less
than ten (10) days and the credit institution assesses the ability to fully
recover principal and interest the repayment of which is overdue and the ability
to fully and timely recover principal and interest within the remaining
duration [of the restructured loan term];
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(b) Group 2 (special mention)
shall consist of:
- Debts which are overdue for a
period of between ten (10) days and ninety (90) days;
- Debts the repayment period of
which is adjusted for the first time (in the case of a client being an
enterprise or organization, the credit institution shall prepare a file on
assessment of the ability of such client to fully repay principal and interest
within the firstly adjusted repayment period);
- Debts classified into Group 2
in accordance with clause 3 of this article.
(c) Group 3 (sub-standard) shall
consist of:
- Debts which are overdue for a
period of between ninety one (91) days and one hundred and eighty (180) days;
- Debts the loan term of which
is restructured for the first time, excluding debts the repayment period of
which is adjusted for the first time and which are classified into Group 2 in
accordance with clause 1(b);
- Debts interest of which is
exempt or reduced due to the inability of clients to fully repay interest in
accordance with credit contracts;
- Debts classified into Group 3
in accordance with clause 3 of this article.
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- Debts which are overdue for a
period of between one hundred and eighty one (181) days and three hundred and
sixty (360) days;
- Debts the loan term of which
is restructured for the first time and which are overdue less than ninety (90)
days in accordance with the first restructured loan term;
- Debts the loan term of which
is restructured for the second time;
- Debts classified into Group 4
in accordance with clause 3 of this article.
(d) Group 5 (bad debts) shall
consist of:
- Debts which are overdue three
hundred and sixty (360) days or more;
- Debts the loan term of which
is restructured for the first time and which are overdue ninety (90) days or
more in accordance with the first restructured loan term;
- Debts the loan term of which
is restructured for a second time and which are overdue in accordance with the
second restructured loan term;
- Debts the loan term of which
is restructured for a third time or more, including both debts which have not
been overdue and debts which have been overdue;
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- Debts classified into Group 5
in accordance with clause 3 of this article.
2. A credit institution may
reclassify debts into the debt groups with a lower level of risks in the
following cases:
(a) With respect to overdue
debts, the credit institution shall reclassify such debts into the debt group
with a lower level of risks (including Group 1) when the following conditions
have been fully satisfied:
- Clients have fully repaid
overdue principal and interest (including interest applicable to overdue
principal) and principal and interest of subsequent repayment periods within at
least six (6) months for medium and long term debts and three (3) months for
short-term debts, from the date of fully repaying overdue principal and
interest;
- Documents and files are
available to provide evidence that the causes leading to overdue debts have
been dealt with and remedied;
- The credit institution has sufficient
grounds (supplementary information and documents) to assess that its clients
are able to fully repay principal and interest within the remaining duration
[of the restructured loan term].
(b) With respect to debts the
loan term of which is restructured, the credit institution shall reclassify
them into the debt group with lower level of risks (including Group 1) when the
following conditions have been fully satisfied:
- Clients have fully repaid
principal and interest in accordance with the restructured loan term within a
period of at least six (6) months for medium and long term debts and three (3)
months for short term debts, from the date of fully repaying principal and
interest in accordance with the restructured loan term;
- Documents and files are
available to evidence that the causes leading to the restructuring of the loan
term of debts have been dealt with and remedied;
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3. A credit institution must
transfer debts to the debt group with a higher level of risks in the following
cases:
(a) Total outstanding balance of
a client in a credit institution must be classified into the same debt group.
Where a client has two (2) or more debts to the credit institution, any of
which has been classified into a debt group with higher level of risks than
other debt groups in accordance with clause 1 of this article, the credit
institution shall reclassify the remaining debts of such client into such group
with the highest level of risks.
(b) With respect to syndicated
loans, the credit institution acting as a co-ordinator shall classify debts of
such syndicated loans in accordance with this article and must notify credit
institutions making syndicated loans of the results of debt classification.
Where a client borrowing syndicated loans has one or more other debts to a
credit institution making syndicated loans and such debts have been classified
into a different debt group other than the debt group to which the syndicated
loans are classified by the credit institution acting as co-ordinator, the
credit institution making the syndicated loans shall reclassify the total
outstanding balance (including the outstanding balance of the syndicated loans)
of the client borrowing syndicated loans into the debt group classified by the
credit institution acting as co-ordinator or the debt group classified by the
credit institution making syndicated loans, depending on which debt group has
the higher level of risks.
(c) With respect to debts which
are classified into any of the groups specified in clause 1 of this article,
credit institutions shall proactively reclassify such debts into the debt group
with the higher level of risks in accordance with the assessment of the credit
institution when any of the following cases occurs:
- There appear adverse changes
which cause negative impact on the environment and business sectors of a
client;
- Debts of a client are
classified into the debt group with a higher level of risks by other credit
institutions (if such information is available);
- Financial indicators of a
client (in relation to profitability, solvency, debt ratio on capital and cash
flow) or ability of the client to pay debts keeps declining or has significant
changes in a downward direction;
- The client fails to provide
financial information in a complete, timely and honest manner at the request of
the credit institution in order to assess the client's ability to pay debts.
4. The percentage for deduction
to establish specific reserves for the five (5) debt groups stipulated in
clause 1 of this article shall be as follows:
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(b) Group 2: 5%,
(c) Group 3: 20%,
(d) Group 4: 50%,
(dd) Group 5: 100%.
With respect to frozen debts
awaiting to be dealt with by the Government, the credit institution shall
establish a specific reserve in conformity with its financial capability."
4. To amend
and add to article 8 as follows:
"Article 8
1. Amount of specific reserve
for each debt shall be calculated in accordance with the following formula:
R = max {0, (A C)} x r
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R: amount of specific reserve to
be deducted. A: outstanding principal of a debt.
C: deducted value of security
property.
r: percentage for deductions to
establish a specific reserve.
2. Security property which is
included for deduction on calculation of the sums of the specific reserve as
stipulated in clause 1 of this article shall be required to fully satisfy the
following conditions:
- Credit institutions shall have
the right to put on a sale of security property in accordance with security
contracts if their clients fail to perform any obligations in accordance with undertakings;
- The duration for putting on a
sale of security property proposed by credit institutions shall not exceed one
(1) year for security property not being real estate and two (2) years for
security property being real estate, from the commencement of putting on a sale
of such security property.
Where a security property does
not fully satisfy the above-mentioned conditions or is not put on a sale, the
deducted value of such security property (C) stipulated in clause 1 of this
article shall be deemed equal to zero (0).
3. The deducted value of a
security property (C) shall be determined by multiplying the deducted
percentage stipulated in clause 4 of this article and:
- The market value of gold at
the time of establishment of a specific reserve;
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Type of
security property
Maximum
deducted ratio (%)
Balance on
deposit accounts, savings books, valuable papers in Vietnamese dong issued by
credit institutions
100%
Treasury
bills, gold, balance on deposit accounts, savings books, valuable papers in
foreign currencies issued by credit institutions
95%
Government
bonds:
- With a
remaining term of one (1) year or less
- With a
remaining term of between one (1) year to five (5) years
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95%
85%
80%
Securities,
negotiable instruments and valuable papers issued by other credit
institutions and listed on a stock exchange or at a securities trading centre
70%
Securities,
negotiable instruments and valuable papers issued by enterprises and listed
on a stock exchange or at a securities trading centre
65%
Securities,
negotiable instruments and valuable papers issued by other credit
institutions but not yet listed on a stock exchange or at a securities
trading centre
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Real estate
50%
Other types
of security properties
30%
- The value of securities on the
securities market issued by other enterprises and credit institutions and
listed on a stock exchange or at a securities trading centre at the time of
establishment of a specific reserve;
- The value of security property
being securities issued by other enterprises and credit institutions but not
yet listed on a stock exchange or at a securities trading centre, being
chattels, real estate and other security properties stated in the most recent
valuation minutes agreed by a credit institution and its client (if any) or
stated in security contracts;
- The residual value of finance
leasing assets calculated in accordance with a finance leasing contract at the
time of establishment of a specific reserve;
- The value of a security property
formed from the amount of loans corresponding to the amount of money disbursed
in accordance with a credit contract at the time of establishment of a specific
reserve.
4. The percentage deducted to
identify the deducted value of a security property (C) shall be determined by
credit institutions on the basis of the value recoverable from the sale of the
security property after deduction of estimated expenses for sale of the
security property at the time of establishment of a specific reserve, but shall
not exceed the maximum deducted percentage stipulated below:
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"4. After five (5) years
from the date of use of reserves to deal with credit risks, credit institutions
shall be allowed to write off debts the credit risks of which have been dealt
with, from the balance sheet. With respect to State commercial banks, the write
off shall be conducted only when complete files and documents are provided to
prove that all measures were taken to recover debts but debts were not
recovered and after this is approved in writing by the Ministry of Finance and
the State Bank."
6. To amend
and add to article 15 as follows:
"Article 15
Files used as grounds to deal
with credit risks shall comprise:
1. Files on provision of loans
and recovery of debts; files on discount and rediscount of negotiable
instruments and other valuable papers; files on loan guarantees and
commitments; finance leasing files; files on security properties and other
relevant documents.
2. With respect to cases
stipulated in clause 1 of article 10 of these Regulations, in addition to the
files stated in clause 1 of this article, the following documents shall be
required:
(a) With respect to clients
being organizations and enterprises:
- Copies of the decision on
declaration of bankruptcy from the Court or decision on dissolution from a
competent State body in accordance with law;
- Copies of reports on
implementation of the decision on declaration of bankruptcy and reports on
terminating the implementation of the decision on declaration of bankruptcy
from the office which enforces court judgments, and documents on settlement of
debts of dissolved organizations and enterprises.
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- Copies of death certificates
and missing certifications issued by a competent body.
3. With respect to the cases
stipulated in clause 2 of article 10 of these Regulations, in addition to the
files stated in clause 1 of this article, the following documents shall be
required:
- Files and documents to be used
as the grounds to classify [debts] into Group 5;
- Files and documents proving
that credit institutions made great efforts and took measures to recover debts
but failed."
7. Sample
forms for report No. 1A, 1B, 2A and 2B shall be replaced by the sample forms
for report
No. 1 and No. 2 (attached to
this Decision).
Article 2.
This Decision shall be of full force and effect fifteen (15) days after the
date of its publication in the Official Gazette.
Article 3.
The Head of the Office, the Director of the Department for Banks and Non
Banking Credit Institutions, the Heads of entities under the State Bank, the
Directors of the branches of the State Bank of provinces and cities under
central authority, and the Chairman of the Board of Management, the General
Director (Director) of credit institutions shall be responsible for
implementation of this Decision.
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GOVERNOR
OF THE STATE BANK OF VIETNAM
Le Duc Thuy
SAMPLE FORM NO. 1
CREDIT INSTITUTION
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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REPORT
ON
CLASSIFICATION
OF DEBTS AND ESTABLISHMENT OF RESERVES TO DEAL WITH CREDIT RISKS IN BANKING
OPERATIONS
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Unit:
Million Dong
Items
Balance
Specific
reserve to be deducted
General
reserve to be deducted
Debts of Group 1:
In which, loans in the form of
funded and entrusted capital of a third party which shall bear
risks
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Debts of Group 2:
In which, loans in the form of
funded and entrusted capital of a third party which shall bear
risks
Debts of Group 3:
In which, loans in the form of
funded and entrusted capital of a third party which shall bear
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Debts of Group 4:
In which, loans in the form of
funded and entrusted capital of a third party which shall bear
risks
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In which, loans in the form of
funded and entrusted capital of a third party which shall bear
risks
0
Classification of off-balance
sheet commitments: Group 1:
Group 2:
Group 3:
Group 4:
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0
0
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Non-performing
loans (NPLs)(**)/Total outstanding balance(**)
1. Specific reserve in arrears (***):
= Specific reserve to be deducted Specific reserve actually deducted
2. General reserve in arrears: =
(0.75% - percentage of general reserve actually deducted in the relevant
quarter) x Total outstanding balance and off-balance sheet commitments from
Group 1 to Group 4
Note:
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- ** Excluding off-balance sheet
commitments.
*** Only applied to the State
commercial banks.
.,
date month year.
Reporter
(specifying full name)
Controller
(specifying full name)
General
Director (Director) of the Credit Institution
(specifying full name)
SAMPLE
FORM NO. 2
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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REPORT
ON
USE
OF RESERVES TO DEAL WITH CREDIT RISKS IN BANKING OPERATIONS
Quarter
. year 200.
Unit:
Million Dong
Items
Amount
1. Total reserves deducted in
the previous quarter:
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3. Remaining reserves after
dealing with credit risks:
4. Amount recovered from debts
credit risks of which have been dealt with in the quarter:
5. Total amount used to deal
with credit risks but has not yet been recovered as at the time of the report
(accumulated amount):
.,
date month year.
Reporter
(specifying full name)
Controller
(specifying full name)
General
Director (Director) of the Credit Institution
(specifying full name)