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STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.15/2010/TT-NHNN

Hanoi, June 16, 2010

 

CIRCULAR

ON REGULATIONS ON LOAN CLASSIFICATION, ESTABLISHMENT AND USE OF PROVISION FOR CREDIT LOSS IN BANKING ACTIVITIES OF SMALL-SCALE FINANCIAL INSTITUTIONS

Pursuant to the Law on the State bank of Vietnam no.01/1997/QH10 1997 and the 2013 law on amendments to the former law;

Pursuant to the Law on Credit Institutions no.02/1997/QH10 1997 and the 2004 law on amendments to the former law;

Pursuant to Decree No.96/2008/ND-CP dated August 26, 2018 of the Government on functions, missions, rights and organizational structure of the State Bank;

Pursuant to Decree No.28/2005/ND-CP dated March 09, 2005 on organization and operation of small-scale financial institutions in Vietnam and Decree No.165/2007/ND-CP dated November 15, 2007 on amendments to some articles of the former Decree;

The State Bank of Vietnam (hereinafter referred to as the State Bank) promulgates regulations on loan classification, establishment and use of provision for credit losses in banking activities of small-scale financial institutions.

Chapter 1.

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Article 1. Scope and regulated entities

1. Small-scale financial institutions in Vietnam (hereinafter referred to as small-scale credit institutions) must classify loans, establish and use the provision for credit losses in accordance to regulations prescribed in this Circular.

2. The establishment and use of provision for credit losses must comply with regulations of the law on finance regimes applied to small-scale financial institutions.

Article 2. Definition

For the purpose of this Circular, the terms below are construed as follows:

1. ”loan classification” means classifying loans into different categories prescribed in Clause 1 in Article 4 of this Circular.

2. “overdue loan” mean a debt whose a portion or the whole principal and/or interest have become overdue.   

3. “non-performing loan (NPL)" mean a loan classified into category 3, 4 and 5 prescribed in Clause 1  in Article 4 of this Circular.

4. “restructured loan” means a debt having its repayment period restructured or extended by a small-scale financial institution based on the customer assessment carried out by such institutions showing that there is a decrease in customer's capacity to repay the principal and/or interest on schedule as agreed in the loan contract but such customer is deemed to be able to fully repay the principal and interest in consistent with the restructured repayment period.

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6. “provision for credit loss” means a money amount set aside for the purpose of recovering potential losses incurred as customers of the small-scale financial institution fail to fulfill their obligations under the terms of the loan contract. Provision for credit losses shall be calculated depending on principal outstanding and recorded to the costs for activities of the small-scale financial institution.  Provision for credit losses includes specific provision and general provision.

“specific provision” means the money amount set aside based on the loan classification for the purpose of recovering potential losses with regard to each category.

“general provision" means the money amount set aside to recover losses unidentified during the classification of loans and establishment of specific provision when financial institutions are facing difficulties in finance due to the decrease in debts' quality.

7. ‘use of provision” means using provision for credit loss to recover debt losses.

8. ‘collateral" means the property pledged by customers to the small-scale financial institution for committing to repay their debt in accordance to regulations of the law on secured transactions.

9. “customer" means an individual or organization getting a loan and having outstanding loan at the small-scale financial institution.

Article 3. Periodic classification of loans and establishment of credit loss provision

1. A financial institution is required to classify loans and establish provision for credit losses until the end of the last working day of the previous quarter at least once a quarter within the first 15 working days of the first month in the following quarter.

With regard to the quarter IV, the small-scale institution shall classify loans and establish provision for credit loss until the end of November 30 within the first 15 working days of December.

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Chapter 2.

SPECIFIC REGULATIONS

Article 4. Loan classification and specific provision establishment

1. According to the financial situation in fact of the customer and/or repayment period of principal and interest, the small-scale financial institution shall classify loans into five (05) categories as follows:

a) Category 1. Pass, including:

- Undue debts

- Debts that are overdue for less than 10 days

a) Category 2. Special mention loans, including:

- Debts that are overdue for from 10 to less than 30 days;

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a) Category 3. Sub-standard debts, including:

- Debts that are overdue from 30 to less than 90 days;

- Loans restructured for the first time that are overdue for less than 30 days from the due date of restructured repayment period;

- Debts with interest remission due to customer’s incapacity to fully pay the interest under the credit contract

d) Category 4. Doubtful debts, including:

- Debts that are overdue for from 90 to less than 180 days;

- Loans restructured for the first time that are unpaid for from 30 days to less than 90 days from the due date of restructured repayment period;

- Loans restructured for the second time

dd) Category 5. Bad debts, including:

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- Loans restructured for the first time that are unpaid at least 90 days from the due date of restructured repayment period;

- Loans restructured for the second time but failing to be repaid.

- Loans restructured for the third time, irrespective of undue or overdue debts

2. Rate of specific provision for debts prescribed in Clause 1 in this Article shall be specified as below:

a) Category 1. (Pass): 0%

a) Category 2 (Special mention): 2%

a) Category 3 (Sub-standard): 25%

d) Category 4 (Doubtful): 50%

dd) Category 5 (Bad): 100%

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a) 100% of balance of compulsory saving account and voluntary deposit account at the small-scale financial institution;

b) 100% of face value of Government bonds including Treasury bills, Treasury bonds, bonds for central projects, bonds for investment and bonds for national construction as well as Government-guaranteed bonds

4. The amount of specific provision for each debt shall be calculated following the formula below (detailed guidelines provided in Appendix A issued together with this Circular):

R = (A – C) x r

Where:  

“R” means the realized specific provision

“A” means principal outstanding

“C” means deducted value of the collateral

“r” means the rate of specific provision

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Article 5. General provision

1. The small-scale financial institution shall establish and maintain a general provision equal to 0.5% of principal outstanding of all debts in Category 1 through 4 prescribed in Clause 1 in Article 4 of this Circular..

2. The small-scale financial institution must sufficiently establish a general provision as prescribed in Clause 1 in this Article within the maximum 3 years from the day on which this Circular comes into force.

Article 6. Provision use

1. The small-scale financial institution shall use credit loss provision to recover debt losses in the following cases:

a) For customers who are small-scale financial institutions: the borrower claimed to be dead, missing or permanently disabled causing loss of working ability to earn incomes.

b) For customer who are not small-scale financial institutions: enterprises or organizations claimed to be dissolved or go bankruptcy as regulated by laws; individuals claimed to be dead or missing.

c) Loans classified into Category 5 prescribed in Clause 1 in Article 4 of this Circular.

2. The small-scale financial institution shall use credit loss provision to recover debt losses once a quarter.  The use of credit loss provision must abide by the following principles:

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b) Sell the collateral to recover debts: the small-scale financial institution must sell the collateral as agreed in the loan contract and regulated by laws for recovering debts.

c) Use the general provision to recover losses in case the sale of collateral is not enough to recoup the losses.

3. If the general provision is not enough to recover all debt losses, the deficit in general provision must be directly recorded to the costs for activities of the small-scale financial institution.

If the remaining of used provision is greater than the required one, the small-scale financial institution must revert the surplus into incomes in the period.

4. The use of provision to recover debt losses by small-scale financial institution shall not be deemed as debt write-off.  The small-scale financial institution and relevant individuals must not inform the customer of handling of risks in any form.

5. After using the provision to recover debt losses, the small-scale financial institution must remove debts with risks handled recorded in the balance sheet and record them to the off-balance sheet in pursuit of managing them and developing methods recovering total debts. The debt repaid which has been recorded to the balance sheet shall be accounted for as an income in the period.

6. After 5 years using credit loss provision to handle risks and methods for recovering debts but failing to recoup such debts, the small-scale financial institution may remove debts with risks handled from the off-balance sheet.

Article 7. A Council for handling risks

1. The small-scale financial institution must establish a council for handling risks whose its Chairperson might be the Chairperson of Boards of Directors or the person appointed by the Chairperson of Boards of Directors and members include the head of controlling board, person in charge of accounting, person in charge of credit department, and other members appointed by the Chairperson of Boards of Directors.

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a) Consider and assess the loan classification, establishment of credit loss provision performed by General Director (Director).

b) Issue a decision on the use of credit loss provision to handle risks

c) Decide the method for recovering debts with respect to debts with risks handled by the provision which clearly specifies time and particular methods for debt recovery

d) Follow up the progress of debt recovery with regard to debts with risks handled by credit loss provision

Article 8. Documents of handling risks

1. A document as the basis for handling risks shall include:

- A document of loan and debt collection;

- A document of collateral (if any);

- Other relevant documents

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a) For customers who are organizations or enterprises:

- a copy of the decision on declaring bankruptcy issued by the court or the decision on dissolution issued by competent regulatory agencies as regulated by laws or the verification of enterprise dissolution by competent authorities (for the case in which the enterprise dissolve itself);

- a copy of a report of implementation of the decision on declaring bankruptcy and the report of ending the implementation of such decision issued by the department of judgment enforcement, a written record of debt settlement by dissolved organizations or enterprises.

b) For customers who are individuals:

a copy of dead certificate, declaration of missing person, documents proving permanent disablement, loss of working ability issued by competent authorities.

3. With regard to cases prescribed in point c in Clause 1 in Article 6 of this Circular, apart from documents prescribed in Clause 1 in this Article, it is required to have:

- documents as the basis for classifying loans into category 5;

- documents proving that the small-scale financial institution has use all methods to recover debts but fell.

Article 9. Accounting and reporting

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2. Provision for credit losses must be recorded to the account called “credit loss provision”. The establishment and use of the provision, recovery amount must be accounted after the small-scale financial institution use the credit loss provision to handle risks as regulated by the Ministry of Finance.

3. The small-scale financial institution must make a report of loan classification, establishment and use of credit loss provision in accordance to regulations on the regime for statistical report applied to small-scale financial institution issued by the State Bank.

4. The small-scale financial institution must send a report of loan classification, establishment and use of credit loss provision in the previous quarter to the Ministry of Finance and Tax Department of provinces, cities in which the head office of such financial institution is located according to Form no.1 and 2 issued together with this Circular prior to the 15th of the second month in each quarter.

Article 10. Verification and actions against administrative violations  

1. The State Bank, in particular, the banking inspection and supervision agency, shall take responsibility to inspect and supervise the performance of loan classification, establishment and use of credit loss provision in banking activities of small-scale financial institutions.

2. In case the small-scale financial institution breaches the regulations prescribed in this Circular, depending on the nature and seriousness of violations, one or more than one action shall be taken as follows:

- Imposing administrative penalties

- Increasing the rate of provision for credit losses;

- Limiting loan activities and restricting the extension of banking network and activities;

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Chapter 3.

IMPLEMENTATION PROVISIONS

Article 11. Effect

This Circular comes into force 45 days from the day on which it is signed.

Article 12. Responsibilities for implementation

Chief of Office, Chief Inspector, supervisor of bank, Directors of relevant entities affiliated with the State Bank, Director of the branches of State Bank in provinces and centrally-affiliated cities, Chairperson of Boards of Directors and General Director (Director) of small-scale financial institutions shall take responsibility to implement this Circular.

If there is any question arising during the implementation, please timely inform the State Bank for guidance on settlement.

 

 

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