THE
STATE BANK
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
61-QD/NH19
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Hanoi,
March 08, 1995
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DECISION
ON THE PROMULGATION OF THE REGULATION ON THE ORGANIZATION OF
BIDDING FOR TREASURY BONDS
THE GOVERNOR OF THE STATE BANK
Pursuant to the Ordinance on
State Bank published by Order No.37-LTC/HDNN on the 24th of May 1990;
Pursuant to Decree No.15-CP on the 2nd of March 1993 of the Government on the
tasks, powers and State management responsibilities of the ministries and
ministerial-level agencies;
Pursuant to Decree No.72-CP on the 26th of July 1994 of the Government on the
promulgation of the Regulation on the issue of Government bonds;
Pursuant to the Interministerial Circular of the State Bank and the Ministry of
Finance No.1-NHNN/TC on the 10th of February 1995 guiding the issue of treasury
bonds through the State Bank;
At the proposal of the Head of the Commission for Research and Building of the
Capital Market,
DECIDES:
Article 1.-
To issue together with this Decision the Regulation on the organization of
bidding for treasury bonds.
Article 2.-
This Decision takes effect from the date of its signing.
Article 3.-
The Director of the Office of the Governor, the Head of the Credit Department,
the Head of the Issue and Storage Department, the Head of the Accountancy and
Finance Department, the Director of the Transaction Service of the State Bank,
the Head of the Commission for Research and Building of the Capital Market, the
Heads of other related departments of the Central State Bank, the Directors of
the State Bank branches in the provinces and cities directly under the Central
Government, the General Director (Director) of the State owned and stock
Commercial Banks, the Investment and Development Banks, the Joint Venture
Banks, and the branches of foreign banks, the financial companies, insurance
companies, insurance funds, and the investment funds shall have to implement
this Decision.
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FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Chu Van Nguyen
REGULATION
ON THE ORGANIZATION OF BIDDING FOR TREASURY BONDS
(Issued
together with Decision No.61-QD/NH19 on the 8th of March 1995 of the Governor
of the State Bank)
Article
1.- Bidding for treasury bonds is a form of issuing treasury bonds in the
wholesale trade, through the bidding among the members, on the primary market
for the issue of treasury bonds.
Article
2.- Characteristics of the bond:
2.1. The treasury bond is
payable, accounted and used for payment in the Vietnam Dong.
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2.3. The treasury bond has the
following terms: one month, 3 months, 6 months and 9 months.
2.4. The treasury bond is a form
of discount: it is sold at a price lower than its denomination, and paid for
according to its denomination when it is due.
2.5. Treasury bonds are issued
in the form of registers, and named or unamed certificates;
The buyer of treasury bonds in
the form of certificate may make his deposits at the State Bank (the Exchange
Service or appointed branch), or an affiliate bank.
2.6. Treasury bond bidding is a
bidding for interest rates.
Article
3.- Periodical terms for the issue of treasury bonds are one week, two
weeks or one month. Specific terms shall be set by interministerial decision.
Article 4.-
Eligible for treasury bond bidding are:
4.1. Credit organizations
operating in Vietnam: the State-owned Commercial Banks, the Stock Commercial
Banks, the Investment and Development Banks, the Joint-Venture Banks, the
branches of foreign banks and the Financial Company;
4.2. The insurance companies,
insurance funds, and investment funds.
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The subjects mentioned in
Article 4, who want to become members of the market must meet the following
conditions:
5.1. To have the legal person
status, and is founded under the current law of Vietnam.
5.2. For the banks and financial
companies, they must have accounts in Vietnam Dong and treasury bond accounts
opened at the Exchange Service of the State Bank, or an appointed branch of the
State Bank.
The other subjects stipulated in
Point 4.2. must have deposits in Vietnam Dong opened at a bank which is a
member of the market, and treasury bond accounts opened at the State Bank
(Exchange Service or an appointed branch of the State Bank).
5.3. They must have a minimum
legal capital of 20 billion Vietnam
Dong.
5.4. They must abide by the
provisions of this Regulation.
5.5. They must send an
application to the State Bank.
The credit organizations, which
do not possess the minimum legal capital stipulated in Point 5.3., can
indirectly take part in the bidding through the members of the market, as mutually
agreed upon by the concerned parties.
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Basing itself on the conditions
stipulated in Article 3, the State Bank shall issue certificates of market
membership to the qualified subjects.
The time-limit for the reply
concerning the issue of certificate is 15 days after receipt of the
application.
After being granted the permits
certifying that they are members of the market for bidding for treasury bonds,
the members of the market have to constantly abide by the conditions mentioned
above. In case of violation which has either been admonished by the State Bank
or which is repeated many times, the State Bank shall withdraw the certificate
of membership.
Annually, the State Bank shall
review the qualifications of the members, on the basis of the above conditions
and their regular participation in the market.
Each member can send a
representative organization to the bidding. When necessary, the main office may
delegate this representative power to a branch.
Article 7.-
Notice of bidding:
Five days before the bidding,
basing itself on the proposal of the Ministry of Finance to issue bonds, the
Treasury Bond Bidding Board shall meet and draft the notice on the issue of
treasury bonds.
Article 8.-
Procedures for putting out a notice:
Two days before the bidding, the
State Bank shall put out the notice on the issue of treasury bonds through the following
information channels :
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8.2. The notice shall be sent by
computer if the members are connected to the Central State Bank by a computer
network.
8.3. The notice shall be posted
up at the Credit Department of the Central State Bank in Hanoi and the
appointed branches of the State Bank.
At the same time, the notice
shall be briefly published on the mass media. This summary must contain the
following information:
- Projected volume of bonds to
be issued,
- The date of issue,
- The time-limit of the bonds,
- The time-limit for
registration.
Article 9.- Registering
for bidding:
9.1. The registration for
bidding shall be made according to guide-form.
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9.2. The interest rate of each
bidding registration is recorded in percentages, and is rounded up to two
figures after the decimal point.
Each bidding registration card
can register at most five different interest rates. The volume of registrations
corresponding to each interest rate must be a multiple of 100 million
Vietnamese Dong.
For each interest rate, the
volume of registrations must be written in letters and numbers. In case the
figure in letters does not match that in numbers, the registration volume is
invalid, and shall be taken out of the registration card.
9.3. The registration card (original
copy) must be signed by an official Grade A, or two officials Grade B who have
signed to the application for joining the market, and must be put into an
envelop and sealed.
9.4. The registration cards of
the members stipulated in Point 4.2. must be certified for warranted payment by
the servicing member bank.
Article
10.- Making a deposit:
Thirty minutes before the
closing of the registration time, the participants in the bidding must assure a
minimum deposit of 5% of the value of the bidding registrations.
The State Bank shall open a
separate deposit account to record the deposits of each member.
During the period of deposit
making (from the date of making the deposits to the date of issue), the
deposits shall carry no interest.
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With regard to the winning
members, the deposits shall be subtracted from the payment of the bonds.
Article
11.- Procedures for sending bidding registration cards:
11.1. The participants in the
bidding must send their bidding registration cards at 12.00 hrs of the bidding
day at the latest. Each member can send only one card for each term of the bond
and each bidding. After the registration card has been sent, the registering
unit must not make any more change.
11.2. The registration card
shall be sent directly to the Central State Bank in Hanoi, or the appointed
branch of the State Bank.
11.3. The State Bank shall place
the registration card box at the Credit Department of the Central State Bank
and the appointed branches of the State Bank. The box is provided with two
padlocks, the keys of which are kept by two authorized officials.
Article
12.- Processing of bidding registration cards :
12.1. At 12.00 hrs sharp on the
bidding day, the bidding card box shall be opened at the same time at the
places stipulated in Point 11.3., and no more cards shall be received after the
boxes have been opened. The boxes shall be emptied, and all the registration
cards shall be handed over to the processing body.
12.2. All the registration cards
shall be checked twice, and in each time the control personnel shall initial
separately on the cards.
The cards which do not conform with
the prescribed form, which are not filled as prescribed, such as without the
serial number, or the registered sum not a multiple of 100 million Vietnam
Dong, or which do not ensure the minimum registration volume or the prescribed
level of deposits, shall be considered non valid. The processing body at the
Credit Department of the State Bank in Hanoi and the appointed branches of the
State Bank, shall return the cards to their owners by fax or through the
computer network, in which the reason for invalidation shall be stated.
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Even in case no member applies,
the appointed branches of the State Bank still have to notify it by fax to the
Credit Department.
Article
13.- Procedures for bidding consideration:
13.1. The consideration of
bidding is effected in the professional order of treasury bond bidding, issued
by the Head of the Credit Department on order from the Governor of the State
Bank.
13.2. The determination of the
volume and interest rates of the winning treasury bond is based on :
- The volume and interest rates
tendered by the members;
- The volume of treasury bonds
to be mobilized and the administered interest rates.
13.3. The volume of winning
treasury bonds is calculated in the ascending order of the interest rate of the
biddings, within the administered interest rate.
In case the volume of biddings
exceeds the projected level of issue, at the highest level of winning interest
rate within the limit of the administered interest rate, the volume of winning
biddings shall be distributed to each bidding card, proportionally to the
volume of bidding of each card at that interest rate. This can be rounded up to
100 million Vietnamese Dong.
13.4. The interest rate of
treasury bonds applies in a uniform manner to the winners, according to the highest
interest rate among the winners.
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Article
14.- The selling prices of treasury bonds generally applied to the winning
units shall be set according to the following formula :
G
=
MG
1
+
Ls
x T
365
x 100
G = Selling price of the
treasury bond
MG = Denomination of the bond
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T = Number of days in the term
of the bond
365 = Conventional number of
days in a year.
The amount of money the winning
unit has to pay can be rounded up to hundreds of Vietnam Dong.
Article
15.- Announcement of the result of the bidding:
Right after the results of the
bidding are known Treasury Bond the Bidding Commission shall send a written
report to the leaderships of the Ministry of Finance and the State Bank.
On the same day, the State Bank
shall send the results of the bidding to the winning units, either directly or
by fax, or through the computer network (if any), and post them up at the
Office of the Credit Department of the Central State Bank in Hanoi and the
appointed branches of the State Bank.
At the same time, the State Bank
shall announce on the mass media the following information:
- The amount of winning treasury
bonds.
- The prices of the bonds and
the interest rates applied to the winning bidders.
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Article
16.- Payment and delivery of treasury bonds:
16.1. The winning bidders must
pay fully for the treasury bonds they have bought from the State Bank (the
Exchange Service or the appointed branch of the State Bank) within two working
days after the bidding day.
16.2. The day after the bidding,
the winning units must send their payment notices to the Exchange Service of
the State Bank or the appointed branch of the State Bank where the members
registered for bidding, on the amount to be paid and also the composition of
the amount of treasury bonds registered for purchase (in the form of book
recording or certificate).
In case no payment notice is
received, by the date when payment is due, the State Bank shall make deduction
from the deposit account of the winning unit at the State Bank (if any) to have
the amount corresponding with the amount of winning treasury bonds. If the
winning unit has no accounts at the State Bank, the latter shall deduct from
the accounts of the member banks to meet the need of the unit.
16.3. The State Bank shall make
an entry to the credit side of the deposit account of the State Treasury
Department opened at the Exchange Service of the State Bank, for the whole
amount of money for the purchase of the treasury bonds of the winning units, at
the selling price on the third day after the bidding.
16.4. After receiving the full
money of the purchase, the State Bank shall make an entry to the credit side of
the recorded accounts, or hand the treasury bond certificates to the winning
unit. The entry on the credit side of the recorded accounts must be completed
within two days after the bidding day, and the delivery of the certificates
must be done within three days after the bidding day.
16.5. One day before the
treasury bond is due, the Ministry of Finance (the State Treasury Department)
must transfer the payment capital (according to the denominations of the volume
of the winning bonds) to the Central State Bank, through the deposit accounts
of the State Treasury at the Exchange Service of the State Bank, in order to
pay the members of the market. On the date of payment, if the State Bank (the
Exchange Service) has not received the money transfer certificates of the State
Treasury Department, it shall make a deduction of the deposits of the State
Treasury Department at the State Bank Exchange Service, to pay the owner of the
bond, and send the notice of debt to the State Treasury Department.
16.6. The payment of treasury
bonds to the members shall be done on the date when the bonds are due, through
the accounts of the members opened at the State Bank, or the servicing member
banks (for the members without accounts at the State Bank).
With regard to the treasury bond
certificates, the members shall pay their customers and repay the State Bank.
The State Bank shall pay the members according to the denominations of the
actual number of bonds delivered to the State Bank (the Exchange Service or the
appointed branch of the State Bank).
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16.7. All violations of the
terms of payment shall be subject to penalties as stipulated hereunder:
16.7.1. With regard to the State
Bank and the State Treasury: They will have to bear an interest fine
representing 150% of the bidding interest rate of the corresponding terms,
counted on the number of days and the arrears.
16.7.2. With regard to the
winning unit: If the deduction made from the registered fund and deposits of
the winning units still cannot cover the amount of the money which the unit
must pay to the State Bank, the State Bank shall cancel the result of the
winning bid which has not been paid, and confiscate the whole amount of the
registered fund submitted to the State Bank.
Article
17.- Responsibility of the departments and other units in the State Bank:
17.1. The responsibility of the
Department Credit Department
17.1.1. To receive the
application, and issue the certificate of membership of the market to the
qualified subjects as stipulated in Article 5; to supervise the regular
observance of these terms, and to withdraw the membership certificate when
necessary.
17.1.2. To send the notice of
issue of treasury bonds to the members of the market, the Exchange Service and
the appointed branches of the State Bank.
17.1.3. To receive the
registrations for bidding, and organize the consideration of the biddings in
accordance with the prescribed professional order.
17.1.4. To announce the bidding
results to the Exchange Service of the State Bank and the appointed branches of
the State Bank as well as to the winning members, so that the buying and
selling of bonds can start.
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- The number, interest rate and
prices of the bonds registered for purchase;
- The number, the determined
interest rate and the prices of the bonds sold to each winning bidder with
comparison to the previous biddings;
- The number and value of the
unsold bonds, or bonds of which the demanding price is not accepted.
17.1.6. To coordinate with the
Information and Press Department in announcing the results of the bidding on
the mass media, and post them up at the Credit Department of the State Bank in
Hanoi and the appointed branches of the State Bank.
17.2. The Accountancy and
Finance Department has the responsibility:
- To guide the observance of the
order in accounting and paying the treasury bonds.
17.3. The Exchange Service of
the State Bank has the responsibility:
17.3.1. To send before the
opening of the bidding a notice to the Credit Department on the amount of the
registered fund of the participants in the bidding.
17.3.2. To collect the money of
the buying units according to the announcement of the bidding results from the
Credit Department, and make an entry to the credit side of the accounts of the
State Treasury in conformity with the stipulations in Article 16 of this
Regulation.
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17.3.4. When the bond is due, it
shall deduct from the accounts of the State Treasury to pay the members having
bought bonds, as stipulated in Article 15 of the Interministerial Circular and
Point 16.6 of this Regulation. The non-member units shall be paid through the
affiliate bank where they have their accounts.
17.3.5. To draft the general
account on the payment of treasury bonds. All the treasury bond certificates
must be kept in the journal of payment vouchers at the State Bank.
17.4. The appointed branches of
the State Bank have the responsibility:
17.4.1. To receive the bidding
registrations of the members of the market who have their accounts at the
branches, and to carry out their tasks according to the professional order for
treasury bond bidding.
17.4.2. On the basis of the
announcement of the bidding results from the Credit Department, to deduct from
the deposit accounts of the unit mentioned at the above point in conformity
with the stipulations in Point 16.1, and transfer money to the accounts of the
State Treasury Department at the Exchange Service of the State Bank.
17.4.3. To integrate the
off-balance sheet accounts of the recorded treasury bonds, or to hand over the treasury
bond certificate to the purchasing unit, according to the registration
application and in conformity with the stipulations in Point 16.4 of this
Regulation.
17.4.4. To draw up the final
accounts of payment of the bonds and send it to the Exchange Service of the
State Bank, and to safeguard the journal of payment vouchers.
17.5. The Issue and Storage
Department has the responsibility:
17.5.1. To organize the printing
and maintenance of the certificates of treasury bonds according to the system
of valued vouchers.
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17.5.3. To open a book to
monitor and settle the accounts of the treasury bonds with the Accountancy and
Finance Department.
Article
18.- Any amendment or supplement to this Regulation shall be decided by the
Governor of the State Bank.