THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
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No.
1022/2004/QD-NHNN
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Hanoi,
August 17, 2004
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DECISION
ON THE ISSUANCE OF THE REGULATION ON THE CUSTODY OF VALUABLE
PAPER AT THE STATE BANK
THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the
State Bank of Vietnam No. 01/1997/QH10 dated 12 December, 1997 and the Law on the
amendment, supplement of several Articles of the Law on the State Bank of
Vietnam No. 10/2003/QH11 dated 17 June, 2003.
- Pursuant to the Law on the Credit Institutions No. 02/1997/QD10 dated 12
December 1997;
- Pursuant to the Decree No. 86/2002/ND-CP dated 5 November, 2002 of the
Government providing for the function, assignment, authority and the
organizational structure of the ministries and ministerial-level agencies;
- Upon the proposal of the Director of the Banking Operation Department,
DECIDES:
Article 1.
To issue in conjunction with this Decision "the
Regulation on the custody of valuable paper at the State Bank".
Article 2.
This Decision shall be effective after 15 days from the
date of its publication in the Official Gazette and replace the Decision No.
171/2000/QD-NHNN13 dated 25 March, 2000 of the Governor of the State Bank on
the issuance of the Regulation on the registration of short-term valuable
paper.
Article 3.
The Director of the Administrative Department, the
Director of the Banking Operation Department, the Director of the Finance -
Accounting Department, the Director of the Banking Informatics Technology
Department, Heads of the relevant units of the State Bank, General Managers of
the State Bank's branches in provinces and cities under the center Government's
management, Chairpersons of the Board of Directors, General Directors
(Directors) of the Credit Institutions shall be responsible for the
implementation of this Decision.
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FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Phung Khach Ke
REGULATION
ON THE CUSTODY OF VALUABLE PAPER AT THE STATE BANK
(issued in conjunction with the Decision No. 1022/2004/QD-NHNN dated 17
August, 2004 of the Governor of the State Bank)
Chapter I.
GENERAL PROVISIONS
Article 1.
Governing scope
This Regulation shall provide
for the custody of valuable papers which are issued through the State Bank and
other valuable papers under the ownership of customers which are used by them in
their participation in the money market operations, including: lending secured
by the mortgage of valuable papers, discount, overdraft and overnight lending,
setting up the net debt limit, open market operation between the State Bank and
credit institutions; rediscount operation, lending among members in the auction
market of the Government Bonds at the State Bank.
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Subjects participating in the
custody of valuable papers at the State Bank shall be credit institutions that
are operating in accordance with the Law on credit institutions, permitted to
participate in the money market and other organizations being the members of
the auction market of the Government Bonds at the State Bank (hereinafter
referred to as custody customers)
Article 3.
Interpretation
In this Regulation following
terms shall be construed as follows:
1. Valuable paper shall include
short-term valuable paper and long-term valuable paper used in the money market
operations between the State Bank and custody customers stipulated by the
Governor of the State Bank.
2. Custody of valuable paper
shall mean the management, preservation, and maintenance of valuable paper and
execution of the rights of custody customers as the owner of valuable paper by
the State Bank upon their proposal.
3. Account custody valuable
paper shall be an account opened by the State Bank upon the request of a
custody customer for the accounting of valuable papers deposited by the
customer.
4. Valuable papers deposited at
the State Bank shall include the valuable papers deposited by the custody
customers directly at the State Bank and at the account of the State Bank
maintained at the Security Exchange.
5. Mortgage of valuable papers
shall be an act where the State Bank accepts and freezes valuable papers of
customers being deposited at the State Bank, upon the request of custody
customers in order to participate in several operations of the money market.
6. Account "Mortgaged
valuable paper" shall be an account opened by the State Bank for
accounting valuable papers which custody customer requests the State Bank to
accept as the mortgage, deposit for their participation in several operations
of the money market.
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8. Registration of valuable
papers shall be an act where custody customers register with the State Bank the
list of valuable papers being deposited at the State Bank for resale in the
open market operation or for discount by the State Bank.
Article 4.
When taking part in the money market operation with the
State Bank, Credit Institutions must carry out the custody of valuable papers
at the State Bank. The custody of valuable papers of custody customers shall be
carried out by the Operation Department and State Bank's branches in provinces,
cities under the central Government's management.
Chapter
II.
DETAILED PROVISIONS
Article 5.
Types of valuable papers permitted to be deposited at the State Bank shall
consist of:
1. Treasury Bills;
2. State Bank Bills;
3. Treasury Bonds;
4. Bonds for central
Government's projects;
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6. Foreign currency Bonds;
7. Government Bonds;
8. Other valuable papers decided
upon by the Governor of the State Bank from time to time.
Article 6.
In order to take part in the custody of valuable papers,
custody customers shall prepare and submit to the State Bank "An
application for the participation in the custody of valuable paper" under
the Form No. 01/LK (attached).
Article 7.
Custody of valuable papers
1. In respect of valuable paper
which the State Bank directly issues or acts as an issuing agent in the form of
book-entry:
a. In case where valuable paper
is being monitored at the State Bank: Custody customer shall prepare "An
application for the custody of valuable paper" under the Form No. 2/LK (attached)
then send it together with related documents to the State Bank. On the basis of
the Application for the custody of valuable paper of the custody customer, the
State bank shall automatically transfer the valuable papers into the account
custody valuable paper of the custody customer.
b. In case where a custody
customer who has won the auction buys valuable papers in transaction sessions
organized by the State Bank, the State Bank shall automatically transfer those
valuable papers into the account custody valuable paper of the custody customer
unless the customer requests otherwise.
2. In respect of valuable papers
being deposited at the Security Exchange:
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3. In respect of valuable papers
in forms of other certificates:
The custody customer shall
prepare and submit to the State Bank an Application for the custody of valuable
paper enclosed with the list of valuable papers and the entire valuable paper
certificates. The State Bank shall receive and perform the procedures for the
transfer of valuable papers to the account custody valuable paper of the
custody customer.
Article 8.
Registration of valuable paper for participating in the discount operation,
open market operation
- When there is a demand for the
discount of valuable papers, the custody customer shall send the State Bank the
list of valuable papers requested for the discount in accordance with the
provisions of the discount Regulation, the State Bank shall verify, certify the
full satisfaction of conditions for participating in the discount operation of
the custody customer.
- When there is a demand for the
sale of valuable papers in a transaction session of the open market operation,
the custody customer shall submit the list of valuable papers registered for
sale in accordance with the provisions of the Regulation on the open market
operation, the State Bank shall verify, accept the use of valuable papers in
the transaction by the custody customer.
Article 9.
Mortgage of valuable papers for refinancing
1. When the custody customers
are accepted by the State Bank for lending, which is secured by the mortgage of
valuable papers, the State Bank shall, based on valid documents, transfer the
valuable papers from the account custody valuable paper of the custody
customers to the account "mortgaged valuable paper".
2. When the custody customers
have completed their repayment obligation to the State Bank, the State Bank
shall, based on the repayment documents and the written request for the return
of the mortgaged valuable papers of the custody customers, carry out the
release of the mortgage, transfer the valuable papers being mortgaged to the
account custody valuable paper of the custody customers.
Article 10.
Mortgage of valuable papers for overdraft and overnight borrowing
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2. The State Bank shall release
the mortgaged valuable papers of the custody customers in case where there is
not any overnight loan and the value of the mortgaged valuable papers exceeds
the stipulated limit of the overdraft and overnight lending. For the release of
the mortgage, the custody customers shall submit to the State Bank a written
Request for the return of the mortgaged valuable papers. The State Bank shall
release partially or wholly the mortgaged valuable papers upon the request of
the custody customers and transfer the valuable papers being mortgaged to the
account custody valuable paper of the custody customers.
Article 11.
Deposit of valuable papers for setting up the net debt limit
1. Custody customers who have a
demand for using the valuable papers being deposited at the State Bank as a
deposit for the setting up of the net debt limit in the low value clearing
payment shall send the State Bank a written Request for the deposit. The State
Bank shall transfer the valuable paper from the account custody valuable paper
of custody customers to the account "mortgaged valuable paper".
Article 12.
Mortgage of valuable papers for borrowing funds among custody customers
The custody customers may use
the valuable papers directly deposited at the State Bank to mortgage for
borrowing funds from each other.
1. Custody customers (the
mortgaging party) who have a demand for mortgaging the valuable papers for
borrowing funds from other custody customers shall submit following documents
to the State Bank:
- An application for the
certification and the freeze of valuable papers;
- Agreement minutes between the
mortgaging party and mortgaged one together with the list of valuable papers,
which are used as mortgaged assets;
2. The State Bank shall receive
files and documents, complete procedures to freeze valuable papers and transfer
them from the account custody valuable paper of the custody customers to the
account "mortgaged valuable paper".
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4. The State Bank shall
terminate the freeze and transfer the valuable papers being mortgaged to the
account custody valuable paper of the custody customers upon receipt of the
written request from the mortgaging party together with the certification of the
mortgaged party of the full repayment of the mortgaged loans.
Article 13.
Use of valuable papers for discount
1. The valuable papers that are
discounted by the State Bank for the entire remaining term:
Upon accepting the discount of
the entire remaining term of the valuable papers for the custody customers, the
State Bank shall transfer the valuable papers from the account custody valuable
paper of the custody customers to the account custody valuable paper of the
State Bank. The custody customers shall be responsible for the transfer of the
ownership right of valuable papers to the State Bank.
2. The valuable papers that are
discounted by the State Bank for a certain period of time:
a. Upon accepting the time discount
for valuable papers for the custody customers, the State Bank shall transfer
the valuable papers from the account custody valuable paper of the custody
customers to the account "mortgaged valuable paper" for management
within the mortgage time.
b. When the custody customers
complete the repayment obligation under the repurchase commitment, the State
Bank shall transfer the valuable papers being mortgaged to the account custody
valuable paper of the custody customers.
Article 14.
Use of valuable paper for performing the open market operation.
1. Valuable papers definitively
purchased, sold:
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On the auction date, the custody
customers shall send the written registration for the sale of valuable papers
to the State Bank. The State Bank shall transfer the valuable papers from the
account custody valuable paper of the custody customers to the account custody
valuable paper of the State Bank. The custody customers shall be responsible
for the transfer of the ownership right of valuable papers to the State Bank.
b. The State Bank sells the
valuable papers
Based on the auction winning
result, the State bank shall transfer its valuable papers to the account
custody valuable paper of the custody customers.
2. Valuable papers purchased,
sold for a certain period of time:
a. The State Bank shall carry
out the term purchase for valuable papers:
- Based on the auction winning
result, the contract on the sale and repurchase of valuable papers between the
custody customer and the State Bank, the State Bank shall transfer the valuable
papers from the account custody valuable paper of the custody customer to the
account custody valuable paper of the State Bank.
- When the custody customers
seriously comply with commitments stated in the contract, the State Bank shall,
based on the valid documents, transfer the valuable papers from the account
custody valuable paper of the State Bank to the account custody valuable paper
of the custody customers.
b. The State Bank shall carry out
the term sale:
- Based on the auction winning
result, the contract on the sale and repurchase of valuable papers between the
custody customer and the State Bank, the State Bank shall transfer its valuable
papers to the account custody valuable paper of the custody customer.
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Article 15.
Purchase, sale of valuable papers among the custody customers
1. When there is a demand for
the sale of valuable papers being directly deposited at the State Bank, the
custody customers shall submit to the State Bank a written request for the
transfer of valuable papers enclosed with the written certification of the
transfer of ownership right over the valuable papers and other related
documents if required.
2. Based on the request of the
selling custody customer, the State Bank shall transfer valuable paper from the
account custody valuable paper of the selling custody customers to the buying
custody customers.
Article 16.
Payment of principal and interest of valuable papers on their maturity date
1. Payment of the principal and
interest of valuable papers directly deposited at the State Bank.
a. For valuable papers that the
State Bank directly issues or acts as an issuing agent:
- The custody customer shall
send a written request for the payment to the State Bank when the valuable papers
become due for both the principal and interest, the State Bank shall complete
procedures for the payment, make a corresponding reduction of valuable papers
that become due in the account custody valuable paper of custody customer.
b. For other valuable papers
When the valuable papers in form
of certificate become due for both principal and interest, custody customers
shall make procedures for withdrawing the valuable papers and presenting them
to the issuing organization or its issuing agent for payment.
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The payment of the principal and
interest of valuable papers of the custody customers in the account of the
State Bank maintained at the Security Exchange shall be performed by the
Security Exchange.
Article 17.
Withdrawal of valuable paper
1. Valuable papers directly
deposited at the State Bank:
When there is a demand for the
withdrawal of the valuable papers in form of certificates that are directly
deposited at the State Bank, the custody customers shall send An application
for the withdrawal of the valuable papers under the Form No. 3/LK (attached) to
the State Bank. The State Bank shall, based on the request of the custody
customers, reduce valuable papers in the account custody valuable paper of the
custody customers and complete procedures for the return of valuable paper
certificates to the custody customers.
2. Valuable papers deposited in the
account of the State Bank maintained at the Security Exchange:
a. When there is the demand for
the withdrawal of the valuable papers deposited in the account of the State
Bank maintained at the Security Exchange, the custody customers shall send the
State Bank a written Request for the transfer of valuable papers being
deposited at the State Banks account at the Security Exchange to the account of
the custody customers maintained at the Security Exchange.
b. On the basis of the request
from the custody customer, the State Bank shall request the Security Exchange
to transfer valuable papers of the custody customer to the account of the
custody customer maintained at the Security Exchange. Then the withdrawal of
valuable papers of the custody customer shall be performed by the Security
Exchange in accordance with its provisions.
Article 18.
Termination of the custody
The custody customers shall make
procedures for closing the accounts valuable paper under the provisions of the
State Bank when they do not have the demand for the custody of valuable papers
at the State Bank.
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IMPLEMENTING PROVISIONS
Article 19.
Responsibilities of the custody customer.
- To prepare full file for
participating in the custody of valuable papers at the State Bank
- To provide information
relating to deposited valuable papers upon the request of the State Bank.
- To correctly comply with the
provisions stated in the commitment, contract relating to the valuable papers.
Article 20.
Responsibilities of units of the State Bank of Vietnam
1. Banking Operation Department:
a. To provide guidance on the
procedure of the valuable paper custody at the State Bank and relevant forms
b. To carry out the custody and
accounting of valuable papers at the State Bank in accordance with applicable
provisions.
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2. Finance Accounting
Department:
a. To provide guidance on the
accounting of the valuable papers custody in accordance with provisions stated
in this Regulation
b. To provide guidance on the
procedures of the closing, opening of accounts valuable paper.
3. Banking Informatics
Technology Department:
To set up an application
software program on the custody of valuable papers for the monitoring,
management of valuable papers and provide guidance on the technical process
relating to custody of valuable papers through the computer network.
4. Branches of the State Bank in
provinces, cities under the central Governments management:
a. To carry out the custody of
valuable papers for the custody customers that have head office located in the
locality under the authorization of the Governor.
b. To make periodical report to
the Banking Operation Department on the custody of valuable papers of the
custody customers in the locality.
Article 21.
Implementing provision
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Form No. 1/LK
(Custody
customer)
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
..
.,
date
APPLICATION FOR THE PARTICIPATION IN THE CUSTODY OF
VALUABLE PAPERS
To:
The State Bank of Vietnam
Name of the unit: (custody customer)
........................................
Code....................................
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Tel:..........................................................................................
Fax:......................................
Serial number of payment account
in
VND:..............................................................................
Maintained at:........................................................................................................................
Pursuant to provisions of the
Regulation on the custody of valuable paper (VP) at the SBV issued in
conjunction with the Decision No. dated.. 2004 of the Governor of the SBV, (the
unit applying for the custody) would like to apply for the participation in the
custody of VP at the SBV with following contents:
1. We would like to introduce
the list of officers who have competence for signing transaction documents
relating to the deposit, withdrawal, transfer of VP:
Full
name
Position
The
first signature
The
second signature
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The first authorized person:
The second authorized person:
The sample seal of the unit:
2. We would like to undertake:
- To comply with all provisions
stated in the Regulation on the custody of VP at the SBV issued in conjunction
with the Decision No. ../2004/NHNN dated of the Governor of the SBV and any amendment
of, supplement to this Regulation;
- To pay custody fees as
stipulated by the SBV from time to time;
- To provide the SBV with
information required, concerning the custody VP
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HEAD
OF THE UNIT
(Sign and seal)
Form No. 2/LK
(Custody
customer)
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------------
No.:
..
.,
date
APPLICATION FOR THE CUSTODY OF VALUABLE PAPER
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(Operation
Department or branches of SBV in provinces, cities)
- My name
is............................................................................
Position:..............................
- Representative for the
bank...................................................................................................
-
Address:.............................................................................................................................
- Banking code:
................................... Tel:..............................
Fax:......................................
- Account Custody valuable
paper:.........................................................................................
Would like to request for the
custody of following VPs:
Order
Name
of VP
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Code
Face
value
Issuing
interest rate
Maturity
date
Notice
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Total
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GENERAL
DIRECTOR (DIRECTOR)
(Sign and seal)
Form No. 3/LK
(Custody
customer)
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-----------------------
No.:
..
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APPLICATION FOR THE WITHDRAW OF VALUABLE PAPER
To:
The State Bank of Vietnam
(Operation
Department or branches of SBV in provinces, cities)
- My name
is............................................................................
Position:..............................
- Representative for the
bank...................................................................................................
-
Address:.............................................................................................................................
- Banking code:
................................... Tel:..............................
Fax:......................................
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Would like to request for the
withdrawal of following VPs:
Order
Name
of VP
Form
of VPs
Code
Face
value
Issuing
interest rate
Maturity
date
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GENERAL
DIRECTOR (DIRECTOR)
(Sign and seal)