THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom - Happiness
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No.
1325/2004/QD-NHNN
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Hanoi,
October 15, 2004
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DECISION
ON
THE ISSUANCE OF THE REGULATION ON THE DISCOUNT, REDISCOUNT OF THE VALUABLE
PAPERS BY THE CREDIT INSTITUTIONS TO CUSTOMERS
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/QH10 dated 12
December 1997 and the Law on the amendment, supplement of several Articles of
the Credit Institutions No. 20/2004/QH11 dated 15 June 2004;
- Pursuant to the Decree No. 86/2002/ND-CP dated 5 November 2002 of the
Government providing for the function, assignment, authority and organizational
structure of the ministries, ministerial-level agencies;
- Upon the proposal of the Director of the Monetary and Policy Department,
DECIDES:
Article 1. To issue in
conjunction with this Decision the Regulation on the discount, rediscount of
valuable papers by the Credit institutions to customers
Article 2. This Decision
shall be effective after 15 days from the date of its publication in the
Official Gazette.
Article 3. Heads of the
State Bank's units, General Managers of State Banks branches in provinces,
cities under the central Governments management, Chairperson of the Board of
Directors, General Directors (Directors) of 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 Khac Ke
REGULATION
ON
THE DISCOUNT, REDISCOUNT OF VALUABLE PAPERS BY THE CREDIT INSTITUTIONS TO
CUSTOMERS
(issued in conjunction with Decision No. 1325/2004/QD-NHNN dated 15 October
2004 of the Governor of the State Bank)
Article 1. Governing
scope
This Regulation shall provide
for the discount of valuable papers by credit institutions to customers and the
rediscount of valuable papers among credit institutions.
This Regulation shall not
provide for the discount, rediscount of commercial papers.
Article 2. Subjects of
application
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2. Customers, who have valuable
papers discounted at credit institutions and are owners of those valuable
paper, including Vietnamese organizations, individuals; foreign organizations,
which and individuals, who are living and legally operating in Vietnam; credit
institutions.
3. Customers, who have valuable
papers rediscounted at credit institutions and are credit institutions that own
those valuable papers.
Article 3. Interpretation
In this Regulation, following
terms shall be construed as follows:
1. Discount shall be an act
where a credit institution purchases valuable papers prior to their maturity
date from customers
2. Rediscount shall be an act
where a credit institution repurchases valuable papers prior to their maturity
date, which have been discounted under the outright purchase mode.
3. Remaining term of valuable
papers shall be a period of time calculated from the date when the discount,
rediscount of valuable papers is accepted by a credit institution to the
maturity date of those valuable papers.
4. Discount, rediscount term
shall be a period of time calculated from the date when the discount,
rediscount of valuable papers is accepted by a credit institution to the date
when customers are obliged to perform their commitment on the repurchase of
those valuable papers.
5. Discount, rediscount price
shall be the amount, which a credit institution pays to its customer upon
performing the discount, rediscount.
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The discount, rediscount of
valuable papers by a credit institution to customers shall ensure following
principles:
1. Performed in compliance with
agreements between the credit institution and customers provided that those
agreements are in line with provisions in this Regulation, applicable
provisions of related laws and international rules;
2. Credit institutions recover
fully and timely the discount, rediscount amount and discount, rediscount
interest of valuable papers and comply with applicable provisions of the State
Bank on prudential ratios;
3. For valuable papers, face
value of which is stated in foreign currency, the discount, rediscount must be
consistent with provisions on foreign exchange control of the Government and
the guidance of the State Bank of Vietnam.
Article 5. Types of
valuable papers entitled to be discounted, rediscounted
Types of valuable papers, which
the credit institutions choose for discount, rediscount, shall include:
1. Valuable papers issued by
credit institutions in accordance with provisions of the Law on the Credit
institutions and guidance of the State Bank of Vietnam;
2. State Bank bills issued in
accordance with provisions of the State Bank
3. Bonds of all kinds issued in
accordance with provisions of the Government and guidance of the Ministry of
Finance, including Treasury Bills, Treasury Bonds, Bonds for central
Governments projects, Investment Bonds, Foreign currency Bonds, Government
Bonds for the construction of Motherland; Bonds guaranteed by the Government;
Bonds of local Government;
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Article 6. Conditions for
the discount, rediscount acceptance of valuable papers
Credit institutions shall accept
the discount, rediscount of valuable papers when they fully satisfy following
conditions:
1. They belong to the legal
ownership of customers;
2. They are not yet matured;
3. They are permitted for
transactions (purchase, sale, offer, conversion, transfer, mortgage, guarantee
and other lawful transactions);
4. They are paid in accordance
with provisions of issuing organizations.
Article 7. Currency used
for discount, rediscount
1. For valuable papers
denominated in VND, credit institutions shall carry out the discount,
rediscount in VND;
2. For valuable papers
denominated in foreign currency, credit institutions shall carry out the
discount, rediscount as follows:
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b. In case where the discount,
rediscount is made in VND, the parties shall agree, in compliance with
applicable provisions of the State Bank of Vietnam, on the foreign exchange
rates applicable to credit institutions, which are permitted to engage in
foreign exchange business.
Article 8. Modes of
discount, rediscount
Credit institutions and their
customers shall agree on and select one of following discount, rediscount
modes:
1. Discount, rediscount for the
entire remaining term of valuable papers, which is the outright purchase of
valuable papers at the discount, rediscount price and where customers transfer
immediately their ownership of those valuable papers to credit institutions.
When those valuable papers become due, credit institutions shall present them
to the issuing organizations for payment;
2. Time discount, rediscount:
a. Credit institutions shall
purchase valuable papers for terms and at corresponding discount, rediscount
prices together with customers commitment on their repurchase of those valuable
papers on the date where the discount, rediscount becomes due;
b. In case where customers fail
to perform the repurchase of valuable papers by the end of the discount,
rediscount term, credit institutions shall become lawful owners and entitled to
enjoy the entire rights, which arise from those valuable papers.
Article 9. Term, price
and interest rate of the discount, rediscount
1. The discount, rediscount term
shall be agreed upon by the credit institutions and customers, but shall not be
in excess of the remaining term of valuable papers;
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3. The discount interest rate,
rediscount interest rate shall be agreed upon by the credit institutions and
customers.
Article 10. Discount,
rediscount level for a single customer
The discount, rediscount level
for a single customer shall be equal to 15% of the own capital of the credit
institution at the maximum. In case of foreign banks branches, which are
operating in Vietnam, it shall be 15% of the own capital of their mother banks
at the maximum
Article 11. Procedures
for the performance of discount, rediscount
1. When there is a demand for
the discount, rediscount of valuable papers, customers shall submit the
application for the discount, rediscount of valuable papers to the credit
institutions. Customers shall be responsible before the laws for the legality,
validity of valuable papers, which are discounted, rediscounted at credit
institutions.
2. Credit institutions shall
verify conditions for the discount, rediscount of valuable papers. In case of
necessity, they may require the customers to submit documents that prove their
discount, rediscount conditions as provided for in Article 6 of this
Regulation.
3. When credit institutions
accept the discount, rediscount, customers shall at once deliver valuable
papers and complete procedures for the transfer of valuable paper ownership to
credit institutions:
a. For valuable papers, which
are issued in form of a bearer certificate, customers shall directly deliver
the valuable papers to credit institutions that undertake the discount,
rediscount;
b. For valuable papers, which
are issued in form of a non-bearer certificate, customers shall deliver the
valuable papers and complete procedures for transfer of valuable paper
ownership to credit institutions that undertake the discount, rediscount;
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d. For valuable papers, which
are kept in the custody at organizations that are permitted to engage in the
custody activity in accordance with provisions of applicable laws, credit
institutions and customers may authorize a custody organization to complete
procedures for the delivery of valuable papers and the transfer of the valuable
paper ownership from customers to credit institutions.
4. Agreements on the discount,
rediscount between the credit institutions and customers must be made in
writing. Contents of the agreement on the discount, rediscount must be in
compliance with provisions of this Regulation, provisions of other related laws
and the pro-forma contract issued by the Banking Association of Vietnam.
5. For the time discount,
rediscount, credit institutions shall deliver the valuable papers and transfer
the ownership of those valuable papers to customers in the process stipulated
in Paragraph 3 of this Article, when customers have completed their commitment
for the repurchase of valuable paper.
Article 12. Classifying,
setting up provisions and dealing with risks concerning the discount,
rediscount amount
Credit institutions shall carry
out the classification, setting up of provisions and settlement of the risks
for the discount, rediscount amount in accordance with applicable provisions of
the State Bank of Vietnam on the classification of assets, provisioning and
risk settlement in banking activity of credit institutions.
Article 13. Dealing with
violation
Credit institutions and
customers shall be entitled to impose a compensation for damages, to perform
their recourse right, complaint and initiate a court suit against the violating
party if it is agreed upon by the parties or provided for by the laws.
Article 14. Organization
of the implementation
1. Credit institutions and
customers that have a demand for the discount, rediscount of valuable papers at
credit institutions shall be responsible for implementation of this Regulation.
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3. The amendment of, supplement
to this Regulation shall be decided upon by the Governor of the State Bank.