THE STATE
BANK OF VIETNAM
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
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|
No.
09/2014/TT-NHNN
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Hanoi, March
18, 2014
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CIRCULAR
ON AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF CIRCULAR NO. 02/2013/TT-NHNN DATED
21/01/2013 OF GOVERNOR OF THE STATE BANK PROVIDING ON
CLASSIFICATION OF ASSETS, LEVELS AND METHOD OF SETTING UP OF RISK
PROVISIONS, AND USE OF PROVISIONS AGAINST CREDIT RISKS IN THE BANKING ACTIVITY
OF CREDIT INSTITUTIONS, FOREIGN BANKS’ BRANCHES
Pursuant to the June 16, 2010 Law on State bank of Vietnam No. 46/2010/QH12;
Pursuant to the June 16, 2010 Law on credit
institutions No. 47/2010/QH12;
Pursuant to the Government’s Decree No.
156/2013/ND-CP dated November 11, 2013, defining the functions, tasks, powers
and organizational structure of the State bank of Vietnam;
At the proposal of the Chief
of banking Inspection and supervision,
The Governor of the State bank of Vietnam
promulgates Circular amending and supplementing a number of articles Of
Circular No. 02/2013/TT-NHNN dated 21/01/2013, on classification of assets,
levels and method of setting up of risk provisions, and use of provisions
against credit risks in the banking activity of credit institutions, foreign
banks’ branches (Circular 02).
Article 1. To amend and supplement a number of
Articles of Circular 02 as follows:
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“4. The setting up and use of risk provisions for
special bonds which are issued by the Asset Management Company for Vietnamese
credit institutions for purchasing bad debts of credit institutions shall
comply with Circular No. 19/2013/TT-NHNN dated 06/09/2013 of the Governor of
the State bank, the purchase, sale and settlement of bad debts of Vietnam Asset
Management Company for Vietnamese credit institutions (Circular 19) and
documents amending, supplementing, replacing Circular 19 (if any)."
2. To amend, supplement point h clause 2 into
Article 6 as follows:
“h) Having provision on self assessing collateral,
including principles of defining terms, methods, process and duties of each
unit, individual involving the evaluation of collateral as prescribed by law in
order to ensure that the value of collateral is suitable with market value when
calculating the specific amount of setting up provision as prescribed in this
Circular;”
3. To amend, supplement clause 9 and Clause 10 into
Article 9 as follows:
“9. For debts of which supply of loans, credit
extension have been implemented according to consent, direction of Government,
the Prime Minister, credit institutions, foreign banks’ branches shall classify
debts, set up and use provisions for risk handling according to decisions of
Governor of the State bank for each specific case.
10. For debts violating law specified at point
c(iv) Clause 1 Article 10 of this Circular, at time of detecting violation,
credit institutions and foreign banks’ branches must immediately issue decision
on recovering the outstanding balance violated
For debts which must be recovered according to
inspection conclusions, credit institutions and foreign banks’ branches must
immediately issue decision on recovering the outstanding balance according to
inspection conclusions.
For debts violating law specified at point c(iv)
Clause 1 Article 10 of this Circular, debts which must be recovered according
to inspection conclusions, credit institutions and foreign banks’ branches are
not permitted restructuring time limit for debt payment and in duration debts
have not yet been recovered according to decision on recovery, credit
institutions and foreign banks’ branches shall classify debts, appropriation of
risk provision as prescribed in this Circular.”
4. To supplement clause 10a into Article 9 as
follows:
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5. To amend, supplement point c(iv) and point c(v)
into Clause 1 Article 10 as follows:
“(iv) Debts in the following cases which have not
yet been recovered within 30 days from the day of decision on recovery:
- Debts violating regulations at Clauses 1, 3, 4,
5, 6 Article 126 of Law on credit institutions;
- Debts violating regulations at Clauses 1, 2, 3, 4
Article 127 of Law on credit institutions;
- Debts violating regulations at Clauses 1, 2, 5
Article 128 of Law on credit institutions;
(v) Debts in time limit for recovery according to
inspection conclusion;”
6. To supplement point c(vii) into Clause 1 Article
10 as follows:
“(vii) Debts must be classified into group 3 as
prescribed at Clause 11 Article 9 of this Circular.”
7. To amend, supplement point
d(iv) and d(v) clause 1 Article 10 as follows:
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(v) Debts which must be
recovered under inspection conclusions but have not yet been recovered although
recovery term according to inspection conclusion was overdue from 60 days ago;”
8. To supplement point d(vii) into Clause 1 Article
10 as follows:
“(vii) Debts must be classified into group 4 as
prescribed at Clause 11 Article 9 of this Circular.”
9. To amend, supplement point dd(v) and point
dd(vi) Clause 1 Article 10 as follows:
“(v) Debts specified at point c (iv) clause 1 this
Article which have not yet been recovered within a period of more than 60 days
after decisions on recovery have been issued;
(vi) Debts which must be recovered under inspection
conclusions but have not yet been recovered although recovery term according to
inspection conclusion was overdue from more than 60 days ago;”
10. To supplement point dd(ix) clause 1 Article 10
as follows:
“(ix) Debts must be classified into group 5 as
prescribed at Clause 11 Article 9 of this Circular.”
11. To supplement clause 3a into Article 10 as
follows:
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a) Credit institutions, foreign banks’ branches are
permitted to consider and restructure time limit for debt payment and keep
intact group of debt as group already been classified before restructuring time
limit for debt payment when all following conditions are satisfied:
(i) Debts of which credit extension does not
violate legislations;
(ii) Restructure of time limit for debt payment is
conformable with purpose of project which needs loan in credit contract;
(iii) Customers using capital for an improper
purpose;
(iv) The restructure of time limit for debt payment
and keeping intact of debt group are permitted to be carried out only in case
where customer, who fails to be able to pay debt in term of paying the
principle and /or interest of loan in scope of loan term or fails to be able to
pay debt including the principle and/or interest of loan according to term of
loan as agreed in credit contract, has a plan on debt payment which is feasible
and conformable with conditions of production, business and service;
(v) When restructuring time limit for debt payment
and keeping intact debt group, credit institutions and foreign banks’ branches
must satisfy regulations of the State bank on limitations, rate of safety
assurance in banking activities of credit institutions and foreign banks’
branches, including the maximum rate of short-term capital sources used for
medium-term and long-term loans in case of restructuring short-term loans into
medium-term or long-term loans.
b) Credit institutions, foreign banks’ branches which
are permitted to restructure time limit for debt payment and keep intact group
of debt as prescribed at point a this Clause must ensure implementation of the
following requirements:
(i) Credit institutions and foreign banks’ branches
have promulgated internal rules on control and supervision on the restructure
of time limit for debt payment and keeping intact of debt group in order to
perform uniformly in entire system, have a mechanism for internal control
involving restructure of time limit for debt payment and keeping intact of debt
group, ensuring strict and safe examination and supervision, prevention against
misusing of restructuring time limit for debt payment and keeping intact of
debt group to reflect wrongly on credit quality;
(ii) Credit institutions, foreign banks’ branches
must control content, reason of restructure of time limit for debt payment and
keeping intact of debt group for each debt. The State bank requests credit
institutions, foreign banks’ branches to report specifically content, reason of
restructure of time limit for debt payment and keeping intact of debt group for
each debt as necessary.
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(iv) For a debt, the restructure of time limit for
debt payment and keeping intact of debt group as prescribed at point a this
Clause are permitted performing once only;
(v) Credit institutions, foreign banks’ branches
must regularly review, assess solvency of customers after debts have been
restructured time limit for debt payment and kept intact debt group. In case
where debts have been restructured time limit for debt payment and kept intact
debt group as prescribed in this Circular but customers still fail to pay debts
overdue according to the restructured time limit, credit institutions and
foreign banks’ branches are not permitted further keeping intact debt group and
must classify such debts into respective debt groups as prescribed in Article
10, Article 11 of this Circular;
(vi) Within 05 (five) first days of each month, or
as requested by the State bank, credit institutions and foreign banks’ branches
must send reports to the State bank (Banking Inspection and Supervision Agency)
on situation of restructuring time limit for debt payment and keeping intact
debt group according to the set form in Annex No. 01 attached to this
Circular."
12. To amend, supplement point dd clause 3 Article
12 as follows:
“d) Security assets
specified in point d, clause 5 this Article must be valued by an organization
which have function on price appraisal as prescribed by law in the following
cases:
(i) Security assets with
value of 50 billion dong or more for debts of customers who are persons related
to credit institutions, foreign banks’ branches and customers who are subjects
restrained for credit extension as prescribed in Article 127 of Law on credit
institutions;
(ii) Security assets with
value of 200 billion dong or more, except for cases specified at point d(i)
this clause.
Result of evaluating collateral of organization which have function on price appraisal as prescribed by law
shall be used by credit institutions and foreign banks’ branches to determine
value of collateral deducted upon calculating the specific amount of setting up
provision and have use value for 12 months maximally since organization which have function on price appraisal as prescribed by law
has signed on written evaluation.
If organization which has
function of price appraisal has insufficient capability for valuation or if
there is no organize which has function of price appraisal for security
assets specified in points d(i), d(ii) this clause, credit institutions,
foreign banks’ branches may implement valuation according to internal
regulation specified in point h, clause 2 Article 6 of this Circular.
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13. To supplement Article 24a as follows:
“To amend and supplement clause 1 Article 1 of
regulation on debts classification, the provisioning and use of provisions against
credit risks in the banking activities of credit institutions promulgated
together with Decision No. 493/2005/QD-NHNN dated 22/4/2005 of the Governor of
the State bank as follows:
“1- Cooperative banks and people’s credit funds
(hereinafter abbreviated to credit institutions) shall be obliged to carry out
the classification of debts, the provisioning and use of provisions to deal
with credit risks in the banking activities under this regulation.”
14. To amend, supplement Article 25 as follows:
“1. This Circular takes effect on 01/6/2014, except
for Clause 2, Clause 3 of this Article.
2. Clause 3a Article 10 of this Circular takes
effect on 20/3/2014 and ceases to be effective on 01/04/2014.
3. Clause 3 Article 8 and Clause 1 Article 9 of
this Circular takes effect on 01/01/2015.
4. Directive 05/2005/CT-NHNN dated 26/4/2005 of the
Governor of the State bank, on the implementation of debts classification and
setting up of risk provisions in accordance with the Decision No.
493/2005/QD-NHNN dated 22/4/2005 of the Governor of the State bank shall cease
to be effective on 01/06/2014.
5. The Chief of office, the Chief of Banking
Inspection and Supervision, heads of units of the State bank, Directors of the
State bank’s branches in provinces and central-affiliated cities, presidents of
Board of Directors, presidents of Members' Council and General Directors
(Directors) of credit institutions and foreign banks’ branches shall implement
this Circular.”
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1. This Circular takes effect on 20/3/2014.
2. To annul the following documents:
- Directive No. 04/CT-NHNN dated 17/9/2013 of the
Governor of the State bank, on debt classification for debts which are
restructured time limit for debt payment and handling of bad debts.
- Circular No. 12/2013/TT-NHNN dated 27/5/2013, of
the Governor of the State bank, amending a number of Articles of Circular 02.
- Decision No. 780/QD-NHNN
dated 23/4/2012 of the Governor of the State bank, on debt classification for
debts which are adjusted time limit for debt payment and extended debt.
Article 3. Responsibilities for implementation
organization
The Chief of office, the Chief of Banking
Inspection and Supervision, heads of units of the State bank, Directors of the
State bank’s branches in provinces and central-affiliated cities, presidents of
Board of Directors, presidents of Members' Council and General Directors
(Directors) of credit institutions and foreign banks’ branches shall organize
implementation of this Circular.
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FOR THE
GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Dang Thanh Binh
Annex 01
CREDIT
INSTITUTION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
---------------
REPORT ON
SITUATION OF RESTRUCTURING TIME LIMIT FOR DEBT PAYMENT AND KEEPING INTACT GROUP
OF DEBT
Month…….year………..
1. Situation of restructuring time limit for debt
payment and keeping intact group of debt
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Norm
The amount
The specific amount of provision which is not
required to be set up due to implementation of restructuring time limit for
debt payment and keeping intact group of debt
(1)
(2)
(3)
1. Debts which are kept
intact in group 1
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3. Debts which are kept
intact in group 3
4. Debts which are kept
intact in group 4
Total
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2. Total outstanding balance of debts which are not
turned into bad debt group because they are kept intact debt group: ……………
million VND.
……………, date…………………..
Person making
report
(signature, full
name)
Controller
(signature, full
name)
General Director (Director)
(signature, full name)
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1. Data of report is the number accumulated till
the report month.
2. Column (2): balance of scheduled debts and kept
intact debt group as prescribed at Clause 3a Article 10 of this Circular.
3. Column (3): the specific amount of provision
which credit institution or foreign banks’ branch is not required to set up
because debts are restructured time limit for debt payment and kept intact debt
group as prescribed at Clause 3a Article 10 of this Circular.
4. Total outstanding balance
of debts which are not turned into bad debt group because they are kept intact
debt group as prescribed at Clause 3a Article 10 of this Circular: means total
outstanding balance of debts due to implementation of Clause 3a Article 10 of
this Circular without classification into groups 3, 4, 5.