THE
STATE BANK
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
356/1999/QD-NHNN14
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Hanoi,
October 6, 1999
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DECISION
PROMULGATING THE REGULATION
ON THE STATE BANK’S DISCOUNT AND REDISCOUNT OPERATIONS FOR BANKS
THE STATE BANK GOVERNOR
Pursuant to State Bank of Vietnam Law
No.01/1997/QH10 of December 12, 1997 and Credit Institutions Law
No.02/1997/QH10 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;
At the proposal of the Director of the Credit Department,
DECIDES:
Article 1.- To promulgate together with
this Decision the Regulation on the State Bank’s discount and rediscount
operations for banks.
Article 2.- This Decision takes effect 15
days after its signing.
Article 3.- The director of the State
Bank’s Office, the director of the Credit Department, the heads of the
concerned units under the State Bank; the directors of the State Bank’s
branches in the provinces and centrally-run cities; the managing board chairmen
and general directors (directors) of the banks participating in the discount
and rediscount operations shall have to implement this Decision.
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FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Nguyen Van Giau
THE REGULATION
ON THE STATE
BANK’S DISCOUNT AND REDISCOUNT OPERATIONS FOR BANKS
(Issued
together with the State Bank Governor’s Decision No.356/1999/QD-NHNN14 of
October 6, 1999)
Chapter I
GENERAL PROVISIONS
Article 1.- This Regulation prescribes
the performance of the State Bank’s discount and rediscount operations for
banks with a view to materializing the monetary policy and enhancing the
capability to balance the operation funds of banks.
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1. Discount operation means the purchase by the
State Bank of short-term valuable papers, which are still in their payment
terms and under the banks’ ownership. Such short-term valuable papers have been
purchased or bidden by banks on the primary market.
2. Rediscount operation means the purchase by
the State Bank of short-term valuable papers, which are still in their payment
terms and under the banks’ ownership. Such short-term valuable papers have
already been discounted by banks on the secondary market.
3. Discount and rediscount interest rates means
the interest rates applied by the State Bank when discounting or rediscounting
short-term valuable papers for banks.
Article 3.- General principles
1. The State Bank shall discount and/or
rediscount only short-term valuable papers being credit bills issued by the
State Treasury through bidding at the State Bank and the State Bank’s credit
bills. The addition of other short-term valuable papers as instruments for
discount and/or rediscount operations shall be decided by the State Bank
Governor for each period.
2. The State Bank’s operation of rediscounting
short-term valuable papers for banks shall comply with the provisions on the
discount operation in this Regulation (hereafter collectively referred to as
the discount operation).
3. The discount and rediscount interest rates
provided for in this Regulation are set according to one common interest rate
(referred to as the discount interest rate).
4. The discount limit and rediscount limit
applicable to banks specified in this Regulation shall be applied according to
one common limit (hereafter referred to as the discount limit).
Article 4.- The State Bank shall organize
the discount operation through its Transaction Bureau and provincial/municipal
branches, which are designated in writing by the State Bank Governor (referred
to as the State Bank for short).
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On the basis of the own capital levels and
operation situation of the banks as well as the total limit prescribed for the
discount operation, the State Bank Governor shall prescribe the discount limit
for each bank in each period. In the course of implementation, the State Bank
Governor may reconsider and readjust the discount limit for to each bank, in
order to make it appropriate.
Article 6.- In cases where it is necessary to
meet the requirements of the materialization of the monetary policy in each
period, the State Bank may discount short-term valuable papers under the banks’
ownership together with contracts for reselling such papers (time discount).
Chapter II
SPECIFIC PROVISIONS
Article 7.- Conditions for banks to
participate in the discount operation:
1. They must be licensed to operate in Vietnam
under the Law on Credit Institutions, and participate in the open-market
operations or the inter-bank domestic currency market;
2. They must own short-term valuable papers as
specified in Article 8 of this Regulation;
3. They wish to have their papers discounted;
4. They participate in the discount operation
through their head offices.
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Article 9.- The discount interest rate
applicable to short-term valuable papers shall be determined by the State Bank,
based on reference to the issuance interest rate for the State Bank’s credit
bills and the bid-winning interest rate for the State Treasury’s credit bills
at the latest bidding session.
The discount interest rate applicable to this
operation shall be readjusted in accordance with the monetary policy’s
objectives in each period.
The State Bank shall publicly announce the
discount interest rate at its Transaction Bureau and its designated provincial/municipal
branches, so that banks may be aware of and apply.
Article 10.- The State Bank shall carry
out the discount operation with banks by direct mode or indirect mode as
follows:
1. Direct mode: The banks shall directly contact
and conduct transactions with the State Bank;
2. Indirect mode:
- For banks that have been connected with the
State Bank through computer networks, the transactions shall be conducted
through such computer networks;
- For banks that have not yet been connected
with the State Bank through computer networks, the transactions shall be
conducted via facsimile.
Article 11.- The discount of short-term
valuable papers at the State Bank shall be carried out in the following order:
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2. Basing itself on the discount interest rate,
the discount limit approved by the State Bank Governor for each bank and the
written requests of banks, the State Bank shall consider and decide whether or
not to discount the short-term valuable papers already registered by the banks.
On the working day following the day it receives the banks’ written requests,
the State Bank shall notify each bank of its consent (according to Appendix
No.02) or refusal (according to Appendix No.03);
The State Bank shall refuse to discount
short-term valuable papers for banks in the following cases where:
- Such short-term valuable papers fail to meet
the conditions prescribed in Article 8 of this Regulation.
- Written discount requests sent to the State
Bank have contents not compatible with Appendix No.01, or such requests are
signed by incompetent persons.
- The volume of short-term valuable papers
requested to be discounted exceeds the discount limits prescribed for the
banks.
3. The hand-over and reception of, and payment
for short-term valuable papers shall be effected by the following mode:
On the working day following the date when the
State Bank announces its consent to discount the short-term valuable papers,
the banks shall proceed with the procedures for handing over their to be
discounted short-term valuable papers to the State Bank and receiving payments
from the State Bank according to the regulations on the discount operation
procedures.
4. In cases where the State Bank makes the time
discount of short-term valuable papers for the banks:
On the working day following the date when the
State Bank announces its consent to make time discount of the short-term
valuable papers (according to Appendix No.02), the banks shall sign
repurchase/resale contracts with the State Bank (according to Appendix No.04).
The hand-over and reception of to be discounted short-term valuable papers and
the payment therefor shall comply with provisions in Clause 3 of this Article.
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5. After completing the operation of discounting
short-term valuable papers for the banks, the State Bank’s designated
provincial/municipal branches shall have to send reports thereon to the State
Bank (the Transaction Bureau);
6. The transaction time shall be calculated in
working days, except for weekends, public holidays and new year’s festivals.
Article 12.- The formula for determining
the money amount to be paid when the discount operation is carried out:
St =
Gt
1 +
Lsc x Tc
100 x 365
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Gt: The payment value of short-term valuable
papers when they are due;
Tc: The remaining duration of short-term
valuable papers (from the date they are discounted to their payment due date);
Lsc: The discount interest rate;
365: The conventional number of days for one
calendar year;
Article 13.- In cases where the State
Bank carries out the time discount of short-term valuable papers for banks, the
formula for determining the money amount for which the State Bank resells
short-term valuable papers shall be as follows:
Gbl = St x
1 +
Ls x Tm
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Gbl: The reselling price;
St: The money amount paid by the State Bank when
discounting short-term valuable papers;
Ls: The bid-winning interest rate at the latest
bidding session or the interest rate set for the latest issuance of each kind
of short-term valuable papers;
Tm: The time for which the State Bank discounts
short-term valuable papers (the number of days).
Article 14.- The banks whose short-term
valuable papers are accepted by the State Bank for discount shall have to hand
over such papers to the latter according to the regulations. The State Bank
shall make payments to such banks upon receiving such short-term valuable
papers in full.
If the banks fail to hand over their short-term
valuable papers within the prescribed time limit, the State Bank shall rule
that the banks cancel their discount requests. In cases where a bank cancels
its discount requests for three times or more, such bank shall not be entitled
to participate in the discount operation with the State Bank at subsequent
times.
Article 15.- The responsibilities of the
concerned units attached to the State Bank:
1. The Monetary Policy Department shall have to
verify the data on the banks’ liquid capital, then propose to the State Bank
Governor to approve the total limit set for the discount operation and the
discount interest rate in each period;
2. The Credit Department shall have to:
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b/ Send notices on the discount limit set for
each bank to the State Bank’s Transaction Bureau and the State Bank’s
designated provincial/municipal branches and the participating banks.
3. The State Bank’s Transaction Bureau shall
have to:
a/ Publicly announce the discount interest rate
at the State Bank’s Transaction Bureau, and at the same time notify the State
Bank’s designated provincial/municipal branches thereof;
b/ Guide the procedures for carrying out the
discount operation;
c/ Carry out the discount operation;
d/ Conduct the hand-over and reception of
short-term valuable papers and the accountancy and book-keeping according to
the regulations;
e/ Synthesize, monitor and report on information
on the discount operation to the State Bank Governor, and at the same time to
the Monetary Policy Department, the Credit Department and the
Accountancy-Finance Department.
4. The Accountancy-Finance Department shall have
to guide the procedures for accounting the discount operation.
5. The State Bank’s designated
provincial/municipal branches shall have to:
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b/ Carry out the discount operation;
c/ Conduct the hand-over and reception of
short-term valuable papers and the accountancy and book-keeping according to
the regulations;
d/ Report on the performance of the discount
operation at their respective localities to the State Bank (the Transaction
Bureau).
Chapter III
IMPLEMENTATION PROVISIONS
Article 16.- All amendments and/or
supplements to this Regulation shall be decided by the State Bank Governor.
FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Nguyen Van Giau
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