STATE BANK OF
VIETNAM
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No:
01/2015/TT-NHNN
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Hanoi, January
06, 2015
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CIRCULAR
DEFINING
TRADING, SUPPLY OF INTEREST RATE DERIVATIVE PRODUCTS OF COMMERCIAL BANKS,
BRANCHES OF FOREIGN BANKS
Pursuant to the Law on the State bank of Vietnam
No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit institutions No.
47/2010/QH12 dated June 16, 2010;
Pursuant to the Government's Decree No.
156/2013/NĐ-CP dated November 11, 2013 defining the functions, tasks,
entitlements and organizational structure of the State bank of Vietnam
At the request of the Director of the Financial
Policy Department;
The Governor of the State bank of Vietnam
promulgates the Circular defining trading, supply of interest rate derivative
products of commercial banks, branches of foreign banks
Chapter I
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Article 1. Scope of regulation
This Circular defines trading, supply of interest
rate derivative products of commercial banks, branches of foreign banks
Article 2. Regulated entities
1. Commercial banks, branches of foreign banks
operating trading, supply of interest rate derivative products.
2. Customers using interest rate derivative
products traded and supplied in the domestic market by commercial banks,
branches of foreign banks, including:
a) Credit institutions, branches of foreign banks
established and operated under the Law on credit institutions;
b) Legal entities (excluding credit institutions
and branches of foreign banks) established and operated under the laws of
Vietnam.
3. Organizations and individuals involved in
trading, supply of interest rate derivative products of commercial banks,
branches of foreign banks under the provisions of this Circular.
Article 3. Interpretation of
terms
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1. Interest rate derivative products are financial
instruments valued according to expected changes in interest rates.
2. Trading, supply of interest rate derivative
products means commercial banks, branches of foreign banks conclude and carry
out the interest rate derivative contracts with foreign financial institutions
in the international market in order to prevent and limit interest rate risk of
commercial banks, branches of foreign banks or the commercial banks, branches
of foreign banks conclude and carry out the interest rate derivative contracts
with customers in the in domestic market in order to prevent, limit the
interest rate risk of the customer.
3. original transactions are the transactions under
the interest rate risk, including: depositing money, receipt of deposits;
issuing, trading, investing valuable papers; lending and borrowing capital;
lease of finance; other legal transactions under the interest rate risk, except
for interest rate derivative dossiers.
4. Reciprocal transactions means commercial banks,
branches of foreign banks conclude and carry out the interest rate derivative
contracts with commercial banks, branches of foreign banks supplying interest
rate derivative products in domestic market or with foreign financial
institutions in order to prevent and limit interest rate risk for the interest
rate derivative contracts concluded and carried out with customers.
5. Value of the principal amount is the amount of
the original transaction or the amount under interest rate risk arises from the
balance sheet which credit institutions and branches of foreign banks need to
prevent, limit the interest rate risks.
6. Value of the nominal capital is the amount which
the parties concluding interest rate derivative contracts agree as the basis
for calculation of payable interest and received interest, net interest or
charges (if any); the value of nominal capital may be equal or less than the
value of the principal amount.
7. Net interests or net losses in each payment
period of interest rate derivative contracts are the difference between
received interest amount and payable interest amount in each payment period.
8. Net interests or net losses of interest rate
derivative contracts of credit institutions and branches of foreign banks are
net gains or net losses of all the payment period of the interest rate
derivative contracts.
9. The reference rate is the interest rate agreed
by the parties concluding interest rate derivative contracts as a basis for
carrying out the interest rate derivative contracts.
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11. Interest Rate
Option - Floor is the lowest interest rate agreed by parties concluding
contracts of interest rate option in order to prevent the interest rate risk
when the market fluctuates.
12. Foreign
financial institutions include commercial banks, investment banks, credit
institutions and other financial institutions established and operated under
foreign laws.
Article 4. Principles on
trading, supply of interest rate derivative products
1. The trading, supply of interest rate derivative
products of commercial banks, branches of foreign banks shall be complied with
the agreement between the parties concluding and carrying out the interest rate
derivative contracts, in accordance with the provisions of this Circular and
the relevant law provisions.
2. Commercial banks, branches of foreign banks
shall only be entitled to trading, supply of interest rate derivative products
in case:
a) State Bank of Vietnam approves the trading,
supply of interest rate derivative products in the Establishment and Operation
License, or in a separate document in accordance with the law;
b) The written documents on internal regulations on
trading, supply of interest rate derivatives products in accordance with the
provisions of this Circular and relevant law provisions have issued, ensuring
mechanisms of control, internal audit, risk management for trading, supply of
interest rate derivative products.
3. Commercial banks, branches of foreign banks
trading, providing interest rate derivative products related to foreign
exchange must comply with the law of Vietnam on foreign exchange.
4. Commercial banks, branches of foreign banks
trading , providing interest rate derivative products in the international
market must comply with the law of Vietnam on operation; foreign exchange in
the international market.
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Chapter II
TRADING, SUPPLY OF
INTEREST RATE DERIVATIVE PRODUCTS
Section 1. Trading, supply of
interest rate derivative products in domestic market
Article 5. Purposes of trading,
supply of interest rate derivative products in domestic market.
1. Commercial banks, branches of foreign banks
shall supply interest rate derivative products to legal entities in order to
prevent and limit interest rate risk for the original transaction of such legal
entities.
2. Commercial banks, branches of foreign banks
shall trade, supply interest rate derivative products to credit institutions
and branches of foreign banks in order to prevent, limit interest rate risk for
original transaction or prevent, limit interest rate risk arises from the
balance sheet of such credit institutions and branches of foreign banks.
Article 6. Scope of trading,
supply of interest rate derivative products in domestic market.
Commercial banks, branches of foreign banks shall
only be entitled to trading, supply of interest rate derivative products,
including:
1. Forward rate agreement: commercial banks,
branches of foreign banks shall conclude interest rate derivative contracts
with customers, whereby on the date of concluding the interest rate derivative
contract, parties shall agree to determine the interest rate which will be
applied on the same value of the nominal capital; on the due date of interest
rate derivative contracts, commercial banks, branches of foreign banks or
customers shall pay a lump-sum the difference amount between the forward
interest agreed in the interest rate derivative contract and the reference rate
on the same value of the nominal capital.
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a) interest rate swap: commercial banks, branches
of foreign banks shall conclude interest rate derivative contracts with
customers, in which the parties agree the terms of payments of the interest in
the same currency (Vietnam dong or foreign currency) depended on the received
and payable interest rate agreed (fixed or floating rate) on the same value
of the nominal capital;
b) accrual Interest Rate Swap: Is interest rate
swap of one currency, in which commercial banks, branches of foreign banks and
customers agree about the received or payable interest amount depended on the
interest rates attached conditions based on fluctuations of exchange rate, market
interest rates and cumulated according to the agreed payment term on the same
value of nominal capital.
3. Cross currency swap:
a) cross currency swap: commercial banks, branches
of foreign banks shall conclude interest rate derivative contracts with customers,
in which the parties agree the payment term of the interest amount in two
different currencies depended on the same value of the nominal capital; the
value of the nominal capital with or without exchange shall be agreed by the
two parties, exchange of the value of the nominal capital in part in the term
or at the end of the term shall be applied at fixed exchange rates agreed in
compliance with the provisions of the State Bank of Vietnam on the exchange
rate at the time of the signing of the interest rate derivative contract ;
b) Accrual Interest Rate Swap: is cross currency
swap, in which commercial banks, branches of foreign banks shall conclude
interest rate derivative contracts with customers, in which the parties agree
received or payable interest amount depended on the interest rates attached
conditions based on fluctuations of exchange rate, market interest rates and
cumulated according to the payment term agreed on the value of nominal capital;
the value of the nominal capital with or without exchange shall be agreed by
the two parties, exchange of the value of the nominal capital in part in the
term or at the end of the term shall be applied at fixed exchange rates agreed
in compliance with the provisions of the State Bank of Vietnam on the exchange
rate at the time of the signing of the interest rate derivative contract ;
4. Interest rate option:
b) interest Rate Option – Floor: Commercial banks,
branches of foreign banks shall conclude interest rate derivative contracts
with customers, in which commercial banking, branches of foreign banks shall
sell to customers the rights to purchase floor interest rate (not the
obligation) on the value of the nominal capital at the time before or on the
due date of interest rate derivative contracts to prevent, limit interest rate
risk from decrease. Within the effect of interest rate derivative contracts,
the reference interest rate decreases and is lower than the limited interest
rate, if requested by the customer, commercial banks, branches of foreign banks
must make payments to customers the interest amount calculated on the
difference between the reference interest rate with the floor interest rate and
the value of the nominal capital; if the reference interest rate is higher than
the floor interest rate, no payment arises between commercial banks and
branches of foreign banks with customers for the difference between the
reference rate and the floor interest rate. Customers must pay for commercial
banks, branches of foreign banks as agreed in the interest rate derivative
contract to buy the right of interest rate of option-floor; This fee may be
paid lump-sum on the transaction date, or many times according to payment term
of interest rate during the effect of the interest rate derivative contracts as
agreed in the interest rate derivative contracts;
c) Interest Rate Option – Collar: Commercial banks,
branches of foreign banks shall conclude interest rate derivative contracts
with customers, in which commercial banking, branches of foreign banks shall
sell to customers the rights to purchase the cap interest rate (not the
obligation), and buy from the customers the rights to buy the floor interest
rate (not the obligation) on the same value of the nominal capital at the time
before or on the due date of interest rate derivative contracts. Within the
effect of interest rate derivative contracts, the reference interest rate
increases and is higher than the cap interest rate, if requested by the
customer, commercial banks, branches of foreign banks must make payments to
customers the interest amount that are calculated on the difference between the
reference interest rate with the cap interest rate and the value of the nominal
capital; if the reference interest rate decrease and is lower than the floor
interest rate, if requested by commercial banks, branches of foreign banks,
customers must make payments to commercial banks, branches of foreign banks the
interest amount that are calculated on the difference between the reference
interest rate with the floor interest rate and the value of the nominal capital.
If the reference interest rate changes but still within the limit between the
cap interest rate and the floor interest rate, there shall be no payments
between commercial banks, branches of foreign banks and customers for the
difference between the reference interest rate or the cap interest rate or the
floor interest rate. Customers and commercial banks, branches of foreign banks
shall agree in interest rate derivative contracts on fee payment and fee level.
Article 7. Conditions for
customers using interest rate derivative products traded and supplied in the
domestic market by commercial banks, branches of foreign banks.
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a) The use purpose of the interest rate derivative
products is preventing and limiting the interest rate risk for the original
transaction of such legal entities;
b) The original transaction must be valid, in
accordance with its line of production and trading and the provisions of law;
c) They must have financial resources according to
the assessment of commercial banks, branches of foreign banks trading,
providing interest rate derivative products to fulfill the incurred payment
obligations when carrying out the interest rate derivative contract;
d) They must implement measures to meet the
obligations under the agreement with commercial banks, branches of foreign
banks trading, providing interest rate derivative products.
2. For credit institutions, branches of foreign
banks using interest rate derivative products:
a) The use purpose of the interest rate derivative
products is preventing and limiting the interest rate risk on the original
transaction or preventing and limiting the interest rate risk arising from the
balance sheet of such credit institutions, branches of foreign banks;
b) Their original transactions must be valid and in
accordance with the operation content and scope under the provisions of the Law
on credit institutions and the provisions of relevant laws. In case of
prevention and limitation of interest rate risk arising from the balance sheet,
the credit institutions and branches of foreign banks must have a plan to
prevent and limit interest rate risk approved by legal representatives of such
credit institutions, branches of foreign banks.
c) They must have financial resources according to
the assessment of commercial banks, branches of foreign banks trading,
providing interest rate derivative products to fulfill the incurred payment
obligations when carrying out the interest rate derivative contract;
d) They must implement measures to meet the
obligations under the agreement with commercial banks, branches of foreign
banks providing interest rate derivative products.
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1. Commercial banks, branches of foreign banks are
entitled to reciprocal transactions with commercial banks, branches of foreign
banks supplying interest rate derivative products in domestic market or with
foreign financial institutions in order to prevent and limit interest rate risk
for the interest rate derivative contracts supplied to customers in domestic
market.
2. Types of interest rate derivative products which
commercial banks and branches of foreign banks are entitled to reciprocal
transactions shall be the interest rate derivative products specified in
Article 6 of this Circular.
3. The term and value of the reciprocal
transactions:
a) In the case of reciprocal transaction for one
interest rate derivative contracts which commercial banks, branches of foreign
banks have supplied to customers, the term and value of the reciprocal
transaction shall not exceed the remaining term and the value of the nominal
capital of the interest rate derivative contracts;
b) In the case of reciprocal transaction for two or
more interest rate derivative contracts, the term and value of the reciprocal
transaction shall not be exceeded the longest remaining term of interest rate
derivative contracts and the total value of the nominal capital of the interest
rate derivative contracts.
4. When carrying out the reciprocal transaction
with foreign financial institutions, in addition to the provisions of
paragraphs 2 and 3 of this Article, commercial banks, branches of foreign banks
shall implement the provisions as follows:
a) Implement the relevant provisions of the law on
foreign exchange operations in international markets;
b) Implement with foreign financial institutions
credit rated at least Baa / P-3 according to the ratings of Moody's Investors
Service or BBB- / A-3 according to the ratings of Standard & Poor's or BBB-
/ F3 according to ratings of Fitch Ratings at the time of concluding interest
rate derivative contracts, except where the branches of foreign banks carry out
reciprocal transactions with the parent bank or oversea branch of the parent
bank.
Section 2. Trading of interest
rate derivative products in international market
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1. Commercial banks, branches of foreign banks are
entitled to trading interest rate derivative products in the international
market on the basis of the concluding and carrying out the interest rate
derivative contracts with foreign financial institutions in order to:
a) Prevent and limit interest rate risk for
effective original transaction. The original transactions must be consistent
with the content and scope of operations of commercial banks, branches of
foreign banks under the provisions of the Law on credit institutions and the
provisions of relevant laws;
b) Prevent and limit the interest rate risk arising
from the balance sheet of commercial banks, branches of foreign banks.
2. Commercial banks, branches of foreign banks
shall not be entitled to trading interest rate derivative products with foreign
financial institutions in international markets besides the contents specified
in paragraph 1 of this Article.
Article 10. Scope of trading
of interest rate derivative products in international market
Commercial banks, branches of foreign banks shall
be entitled to trading interest rate derivative products in international
markets besides the contents as specified in paragraph 6 of this Article.
Article 11. Conditions for
selection of financial institutions for commercial banks, branches of foreign
banks trading interest rate derivative products in the international market
When trading interest rate derivative products in
the international market, commercial banks, branches of foreign banks must be
conduct with foreign financial institutions credit rated at least Baa / P-3
according to ratings of Moody's Investors Service or BBB- / A-3 under the
ratings of Standard & Poor's or BBB- / F3 under the ratings of Fitch
Ratings at the time of signing the interest rate derivative contract, except
where branches of foreign banks trade interest rate derivative products in the
international market with the parent bank or the oversea branch of the parent
bank.
Section 3. LIMITATION OF
TRADING, SUPPLY AND USE OF INTEREST RATE DERIVATIVE PRODUCTS
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1. Credit institutions, branches of foreign banks
shall be entitled to trading, supply and use of interest rate derivative
products if the limit of net loss of trading, supply and use of interest rate
derivative products shall not exceed 5% of the charter capital, funding capital
of credit institutions and branches of foreign banks. If the net loss limit exceeds 5% of the charter capital, funding
capital, the credit institutions and branches of foreign banks shall stop the
signing of the new interest rate derivative contracts, report to the State Bank
of Vietnam (Bank Supervision and Inspection Agency) on the causes of loss,
measures and remedy duration.
2. When there is demand of concluding new interest
rate derivative contracts, credit institutions and branches of foreign banks
must determine the limit of net loss of trading, supply and use of interest
rate derivative products as a basis of concluding such contracts in consistent
with the provisions of Clause 1 of this Article. The limit of net loss of
trading, supply and use of interest rate derivative products shall be
determined by the sum of net interest and net loss of effective interest rate
derivative contracts plus (+) and total net interest and net loss of interest
rate derivative contracts paid up in the financial year.
Section 4. INTEREST RATE,
INTEREST RATE DERIVATIVE CONTRACTS AND APPLICATION FOR TRADING, SUPPLY OF
INTEREST RATE DERIVATIVE PRODUCTS
Article 13. Interest rate
applied in interest rate derivative contracts
The parties shall agree and commit in the interest
rate derivative contracts with the interest rate to develop the interest rate
derivative products, ensure compliance with the provisions of the State Bank of
Vietnam on the interest rate of the original transaction at the time parties
conclude the contracts.
Article 14. Interest rate
derivative contracts
1. The interest rate derivative contracts shall be
made in writing, agreed by the parties in accordance with the provisions of
this Circular and the provisions of the relevant legislation, including at
least the following contents:
a) Name and address of the legal representative of
the parties concluding contracts;
b) Original transaction, value of the nominal
capital, interest rate applicable in the original transaction, time of
principal and interest payment of the original transaction;
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d) Payment term, payment date and payment method of
net interest / loss;
dd) Duration of the contract;
e) Rights and obligations of parties concluding
contracts;
g) Changes, adjustments of the contract; and
termination of the contract before its duration;
h) Dispute settlement and contract liquidation
2. The parties may agree to apply the form-based
contract of international Swaps and Derivatives Association if the contents of
interest rate derivative contracts are consistent with the provisions of this
Circular and the provisions of relevant legislation.
Article 15. Dossiers of
trading, supply of interest rate derivative products
2. Other documents related to the concluding and
carrying out interest rate derivative contracts in accordance with internal
regulations of commercial banks, branches of foreign banks, in accordance with
the provisions of this Circular.
Section 5. SETTING UP OF RISK
PROVISIONS, ACCOUNTING AND REPORTS
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Credit institutions, branches of foreign banks
shall set up and use provisions to handle the risks of trading, supply and use
of interest rate derivative products in accordance with the provisions of the
State Bank Vietnam.
Article 17. Accounting
Credit institutions,
branches of foreign banks shall account for interest rate derivative products
under the provisions of Vietnamese Accounting Standards and regulations of the
State Bank of Vietnam on accounting account system of credit institutions and
branches of foreign banks.
Article 18. Reports
Every month, on the 12th of the month following the
reporting month, credit institutions and branches of foreign banks shall report
to the State Bank of Vietnam (the Financial policy Department) on trading,
supply and use of interest rate derivative products according to forms No.01 and
02 enclosed herewith this Circular.
Chapter III
RESPONSIBILITIES OF
COMMERCIAL BANKS, BRANCHES OF FOREIGN BANKS TRADING, SUPPLYING INTEREST RATE
DERIVATIVE PRODUCTS AND CUSTOMERS USING INTEREST RATE DERIVATIVE PRODUCTS
Article 19. Responsibilities
of commercial banks, branches of foreign banks trading, supplying interest rate
derivative products
1. Trade and supply interest rate derivative
products in accordance with the provisions of this Circular.
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b) Conditions for foreign financial institutions
which commercial banks, branches of foreign banks have concluded and carried
out the interest rate derivative contracts in international market;
c) Decentralization, authorization, functions,
duties and responsibilities of each individual, department in verification,
approval, decision on trading, providing interest rate derivative products;
d) Identification and measurement of risks that may
arise during trading, providing interest rate derivative products ;
establishment of process and assignment of responsibility for monitoring,
controlling and assessment of incurred risks; risk prevention and handling
measures, including the total limit of trading, providing interest rate
derivative products of commercial banks, branches of foreign banks, limits of
trading, providing the interest rate derivative products for a customer and for
individuals, organizations assigned to approve, decide trading, providing
interest rate derivative products of commercial banks, branches of foreign
bank;
dd) Dossiers and information and documents related
to trading, providing interest rate derivative products;
e) Other contents as required of internal
management board of commercial banks, branches of foreign bank in order to
ensure safety and effectiveness of trading, providing interest rate derivative
products.
3. Manage and control risks at their headquarters
(commercial banks). Manage and control risks in accordance with the provisions
of the parent banks or be authorized to manage and control risks by the parent
banks (branches of foreign banks).
5. Provide information completely and accurately
contents of interest rate derivative products and risks that may arise when
using interest rate derivative products for customers to understand consider
and decide the use of interest rate derivative products and take measures to
prevent and limit risks.
6. Learn about provisions of foreign laws and
international market developments related to the trading of interest rate
derivative products, the information on assessment of the credit ratings of
foreign financial institutions to consider the decision to enter into and carry
out the interest rate derivative contracts with foreign financial institutions
in international markets in order to ensure safety and effectiveness of trading
of interest rate derivative products of commercial banks, branches of foreign
banks.
7. Establish plans
to prevent and limit interest rate risk, which shall include analysis of the
interest rate risk arising from the balance sheet; the plans to prevent and
limit interest rate risk, must be approved by the legal representative of such
commercial banks and branches of foreign banks. If commercial banks, branches
of foreign banks trading interest rate derivative products in the international
market in order to prevent and limit interest rate risk arising from the
balance sheet.
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Article 20. Responsibilities
of customers using interest rate derivative products
1. Use interest rate derivative products in
accordance with the provisions of this Circular.
2. For legal entities using interest rate
derivative products:
a) Provide for commercial banks, branches of
foreign bank: The original or certified true copy of the original transaction
contract; information and other documents prescribed by commercial banks,
branches of foreign bank supplying interest rate derivative products to prove
eligibility to use interest rate derivative products as defined in this
Circular. Take responsibility before the law for the accuracy and truthfulness
of the information and documents provided to commercial banks, branches of
foreign bank;
b) Promptly notify the commercial banks, branches
of foreign banks of the changes related to the original transaction for
consideration and handling the issues related to interest rate derivative
contracts;
c) Learn about regulations on law and market
developments related to interest rate derivative products to consider and
decide the use of interest rate derivative products supplied by commercial
banks, branches of foreign bank in order to prevent and limit interest rate
risk.
3. For credit institutions, branches of foreign
banks using interest rate derivative products:
a) Commit to commercial banks, branches of foreign
banks in interest rate derivative contracts, or in a separate document
regarding the use of interest rate derivative products in order to prevent,
limit the interest rate risk; ready to provide the original or certified true
copy of the original transaction contracts or plans to prevent and limit the
interest rate risk arising from the balance sheet as required by the State Bank
of Vietnam, competent agencies;
b) Provide other information and documents
prescribed by commercial banks, branches of foreign banks supplying interest
rate derivative products to prove eligibility to use interest rate derivative
products as defined in this Circular; Take responsibility before the law for
the accuracy and truthfulness of the information and documents provided to
commercial banks, branches of foreign banks supplying interest rate derivative
products;
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d) Develop systems of internal control and internal
regulations on risk management, which must include the control, risk management
for the use of interest rate derivative products;
dd) Fulfill responsibilities as prescribed in
points b and c, Clause 1 of this Article.
Chapter IV
IMPLEMENTATION
Article 21. Effect
1. This Circular takes effect from March 02, 2015.
2. Decision No. 62/2006 / QD-SB dated December 29,
2006 promulgates regulations on conducting interest rate swap transactions.
3. If interest rate derivative contracts are signed
before this Circular takes effect, commercial banks, branches of foreign banks
shall continue to implement contents of the rate interest derivative contracts
in accordance with the provisions of the law which take effect at the time of
signing the contract interest rate derivative contracts or modification and
addition agreement of interest rate derivative contracts in accordance with the
provisions of this Circular.
Article 22. Organizations of
implementation
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PP. GOVERNOR
DEPUTY GOVERNOR
Nguyen Thi Hong