THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
457/2005/QD-NHNN
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Hanoi,
April 19, 2005
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DECISION
ON THE ISSUANCE OF THE REGULATION ON PRUDENTIAL RATIOS IN
THE ACTIVITIES OF CREDIT INSTITUTIONS
THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the
State Bank No. 01/1997/QH10 dated 12 December 1997, the Law on the amendment, supplement
of several Articles of the Law on the State Bank No. 10/2003/QH11 dated 17 June
2003;
- Pursuant to the Law on the Credit Institutions No. 02/1997/QH10 dated 12
December 1997; the Law on the amendment, supplement of several Articles of the
Law on the Credit Institutions No. 20/2004/QH11 dated 15 June 2004;
- Pursuant to the Decree No. 52/2003/ND-CP dated 19 May 2003 of the Government
providing for functions, assignments, authorities and organizational structure
of the State Bank of Vietnam;
- Upon the proposal of the Director of the Banks & Non-Bank Credit
Institutions Department,
DECIDES:
Article 1.
To issue in conjunction with this Decision "the
Regulation on prudential ratios in the activities of credit institutions.
Article 2.
This Decision shall be effective after 15 days since its
publication in the Official Gazette. Following Decisions shall cease their
effectiveness:
1. The Decision No.
296/1999/QD-NHNN dated 25 August 1999 of the Governor of the State Bank on
lending limit to a single customer by a credit institution;
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3. The Decision No.
381/2003/QD-NHNN5 dated 23 April 2003 of the Governor of the State Bank on the
amendment, supplement of several Articles, paragraphs of the Regulation on
prudential ratios in the activities of credit institutions issued in
conjunction with the Decision No. 297/1999/QD-NHNN5 dated 25 August 1999 of the
Governor of the State Bank;
4. The Decision No.
492/2000/QD-NHNN5 dated 28 November 2000 of the Governor of the State Bank on
the issuance of the Regulation on the capital contribution, share purchase by
credit institutions.
Article 3.
The Director of the Administration Department, the
Director of the Banks and Non-Bank Credit Institutions Department, Heads of
units of the State Bank, General Managers of State Bank branches in provinces
and cities, Chairman of the Board of Directors, General Directors (Directors)
of credit institutions shall be responsible for the implementation of this
Decision.
THE
GOVERNOR OF THE STATE BANK
Le Duc Thuy
REGULATION
ON PRUDENTIAL RATIOS IN THE ACTIVITIES OF CREDIT
INSTITUTIONS
(issued in conjunction with the Decision No. 457/2005/QD-NHNN dated 19 April
2005 of the Governor of the State Bank)
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Article 1.
1.
Credit institutions operating in Vietnam (hereinafter referred to as credit
institution), except for local Peoples Credit Funds, shall maintain following
prudential ratios:
a. The minimum capital adequacy
ratio;
b. The credit limit to customers
c. The liquidity ratio;
d. The maximum ratio of
short-term funds used for granting medium-term and long-term loans;
dd. The limit on the capital
contribution, share purchase;
2. The prudential ratios
provided for in paragraph 1 of this Article do not include those of subsidiary
credit institutions.
3. Based on inspection,
examination result of the State Bank Inspectorate on the operational
performance of credit institutions, the State Bank may request the credit
institutions to maintain prudential ratios, which are more restrictive than
levels stipulated in Article 4 and Article 8 of this Regulation.
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In this
Regulation, following terms shall be construed as follows:
1. The total risk adjusted
assets include the value of assets of credit institutions which are adjusted to
the risk level provided for in Article 6 and off-balance sheet commitments
which are adjusted to the risk level as provided for in Article 5 of this
Regulation.
2. Claims are on-balance sheet
assets, which are created from deposits, loans, advances, investments,
discounts, rediscounts and financial leases.
3. Immovable assets of the
borrowing party are houses of the borrowing party, or houses which are leased
by the borrowing party and accepted by the lessee to be used as pledged assets
during the lease time.
4. A single customer is a legal
entity, an individual, a family household, a cooperative group, a private
enterprise, a partnership company, or other organizations that have credit
relationships with a credit institution.
5. A group of related customers
includes 2 or several customers who have credit relationships with a credit
institution, belonging to one of following cases:
5.1. Ownership relation:
5.1.1. An individual customer
who owns at least 25% of charter capital of another customer, which is also a
legal entity; or
5.1.2. A legal entity customer
who owns at least 50% of charter capital of another customer, which is also a
legal entity.
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5.2.1. For an individual
customer:
a. Who is a member of a family
household in accordance with provisions in the Civil Code, which is a customer
of the credit institution; or
b. Who is a team member of a
cooperative group in accordance with provisions in the Civil Code, which is a
customer of the credit institution; or
c. Who is a partner of a
partnership company, which is a customer of the credit institution; or
d. Who is an owner of a private
enterprise, which is a customer of the credit institution; or
dd. Who is holding the post of
an administrator, a manager, a controller in the organizational structure of
another legal entity customer of the credit institution (such as Chairman of
the Board of Directors or General Director (Director), Chief of Controllers
Committee in respect of the State owned enterprises, joint stock companies;
Chairman of Members Board, General Director (Director), Chief of Controllers
Committee in respect of Limited Liability Companies with 2 members and more;
Chairman of the Board of Directors or Companys President, General Director
(Director) in respect of Limited Liability Companies with one member).
5.2.2. A legal entity customer
whose representative is holding the post of an administrator, a manager,
controller in the organizational structure of another legal entity customer of
the credit institution (Chairman of the Board of Directors, Chairman of Members
Board, General Director (Director), Chief of Controllers Committee).
5.3. Credit institutions shall
be entitled to issue stipulations, which are more restrictive and specific than
provisions in paragraph 5 of this Article to secure the prudence in banking
activities.
6. Total outstanding loans
(including payment made in lieu of customers) shall include outstanding balance
of current debts, outstanding balance of overdue debts, outstanding balance of
frozen debts and outstanding balance of debts pending settlement of credit
institutions.
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8. Interest rate transaction
contract shall include interest rate swap contract, interest rate forward
contract and interest rate options contract.
9. Foreign currency transaction
contract shall include foreign currency swap contract, foreign currency forward
contract and foreign currency options contract.
10. Investment securities shall
be the securities hold by the credit institutions for the profit purpose, not
for resale on the market to enjoy price difference
11. Undistributed profits shall
be the profits, which are determined through auditing by an independent
auditing institution after the tax payment and setting up of funds have been
completed in accordance with provisions of applicable laws and retained for the
credit institutions capital supplement in accordance with provisions of
applicable laws. Undistributed profits of joint stock credit institutions must
be approved by Shareholders Meeting.
12. Goodwill shall be the
positive difference between the amount used for acquiring a financial asset and
the book value of that financial asset. This financial asset shall be fully
reflected on the balance sheet of the credit institution.
13. OECD is the abbreviation for
the Organization for Economic Cooperation Development
14. IBRD is the abbreviation for
the International Bank for Reconstruction and Development
15. IADB is the abbreviation for
the Inter-American Development Bank
16. ADB is the abbreviation for
the Asian Development Bank
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18. EIB is the abbreviation for
the European Investment Bank
19. EBRD is the abbreviation for
the European Bank for Reconstruction and Development
II. DETAIL
PROVISIONS
Section I.
OWN CAPITAL
Article 3.
1. The
own capital of a credit institution includes:
1.1. Tier 1 capital:
a. The charter capital
(appropriated capital, contributed capital)
b. The reserve fund for
supplement of the charter capital
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d. The fund for the operation
investment and development
dd. Undistributed profits
The Tier 1 capital shall be used
as the basis for the determination of the limit on the purchase of, investment
in fixed assets of a credit institution.
1.2. Tier 2 capital:
a. 50% of the increased value of
fixed assets, which are revaluated under provisions of applicable laws;
b. 40% of the increased value of
investment securities (including investment shares and contributed capital),
which are revaluated in accordance with provisions of applicable laws;
c. Convertible bonds or
preferred shares, which are issued by a credit institution and satisfy
following conditions:
(i) Their initial term,
remaining term prior to their conversion into common shares are 5 years at the
minimum;
(ii) They are not secured by the
assets of the credit institution;
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(iv). The credit institution is
entitled to stop the interests payment and transfer the accumulated interests
to the following year in the event where the interest payment will result in
the loss in the current years business activity;
(v) In case of liquidation of
the credit institution, the holder of convertible bonds is only entitled to receive
the payment after the credit institution has completed payment to all other
secured and unsecured creditors;
(vi) The increase of interest of
the securities can only be made after 5 years from the issue date and for one
time during the term prior to their conversion into common shares.
d. Other debt instruments, which
satisfy following conditions:
(i) Debt instruments, where the
creditors are subordinate to other creditors: in any case, the creditors are
only be paid after the credit institution has completely made payment to all
other secured and unsecured creditors;
(ii) Their initial term is more
than 10 years at the minimum;
(iii) They are not secured by
assets of the credit institution;
(iv) The credit institution is
entitled to stop the interest payment and transfer the accumulated interests to
the following year in the event where the interest payment will result in the
loss in the current years business activity;
(v). The credit institution is
only entitled to repay its debt to the creditors prior to the maturity after it
has obtained the written approval from the State Bank;
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dd. General provisions, which
are equal to 1.25% of the total risk based assets at the maximum.
2. Limitation on the
determination of the own capital:
2.1. Limitation on the
determination of tier 1 capital: The tier 1 capital must subtract the goodwill
2.2. Limitation on the
determination of tier 2 capital:
a. Total value of items, which
are stipulated in item c and d, paragraph 1, 2 of this Article shall be equal
to 50% of the value of the tier1 capital at the maximum.
b. During the last 5 year period
prior to the maturity date, the date of the conversion of debt instruments into
common shares, the value of the convertible bonds in the tier 2 capital shall
be deducted by 20% each year from the initial value.
c. The total value of the tier 2
capital shall be 100% value of the tier 1 capital at the maximum.
3. Amounts to be deducted from
the own capital:
3.1. The total reduced value of
the fixed assets due to the revaluation in accordance with provisions of
applicable laws.
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3.3. The total capitals invested
by the credit institution in other credit institution in forms of capital
contribution, share purchase.
3.4. The amount of the capital
contribution, the value of the joint-ventured capital, share purchase in
investment funds, other enterprises which exceeds 15% of the own capital of a
credit institution.
3.5. The business losses,
including accumulated losses.
Section II. Minimum capital
adequacy ratio
Article 4.
1. Credit
institutions, except for foreign bank branches must maintain a minimum ratio of
8% of the own capital to the total risk adjusted assets.
2. The State owned commercial banks
whose minimum capital adequacy ratio as of the effective time of this
Regulation is less than the level provided for in paragraph 1 of this Article,
shall have to increase their minimum capital adequacy ratio to the stipulated
level within a period of 3 years at the maximum. The annual increase shall be
at least one third (1/3) of the discrepancy.
3. The determination of the
minimum capital adequacy ratio is stated in Appendix A of this Regulation.
Article 5.
The risk adjusted assets of the off-balance sheet commitments:
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1.1. Conversion factors:
1.1.1. Conversion factor of
100%: Commitments, which are irrevocable but have the same risk level as a
direct credit extension, include
a. Loan guarantee;
b. Payment guarantee.
c. Confirmation of letter of
credit; standby letter of credit which provides a financial guarantee for
loans, securities issuance; Acceptances, including acceptance in form of
endorsement, except for bill of exchange acceptance as stipulated in point
1.1.3.b, paragraph 1 of this Article.
1.1.2. Conversion factor of 50%:
Commitments, which are irrevocable in respect of the responsibility by the
credit institution for the payment in lieu of others, include:
a. Contract performance bonds;
b. Bid bonds;
c. Other forms of guarantee
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dd. Other commitments with the
initial term from one year and more.
1.1.3. Conversion factor of 20%:
trade related commitments, including:
a. Irrevocable L/c
b. Acceptance of short term
commercial bill of exchange secured by goods
c. Delivery guarantee
d. Other trade related
commitments.
1.1.4. Conversion factor of 0%:
a. Revocable L/c
b. Other commitments, which are
unconditionally revocable with the initial term of less than one year.
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The risk factors of the value of
off-balance sheet commitments after converting under the provisions in
paragraph 1.1.1, 1.1.2 and 1.1.3 of this Article shall be as follows:
1.2.1. Where the commitments are
fully secured by the Government, the State Bank of Vietnam or secured fully by
cash deposits, savings books, deposits, valuable papers which are issued by the
Government, the State Bank of Vietnam: the risk factor shall be 0%.
1.2.2. Where the commitments are
secured by immovable assets of the borrowing party: the risk factor shall be
50%
1.2.3. For other cases: the risk
factor shall be 100%.
2. Interest rate transaction
contracts and foreign currency transaction contracts:
2.1. Conversion factors:
2.1.1. In respect of interest
rate transaction contracts:
a. With the initial term of less
than 1 year: 0.5%
b. With the initial term from 1
to 2 years: 1.0%
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2.1.2. In respect of foreign
currency contracts:
a. With the initial term of less
than 1 year: 2.0%
b. With the initial term from 1
to 2 years: 5.0%
c. With the initial term of 2
years and more: 5.0% for the term of less than 2 years plus (+) 3.0% for each
following year.
2.2. Risk factors: the risk
factor for the value of interest rate transaction contracts and foreign
currency transaction contracts after conversion as stated in paragraph 2.1 of
this Article shall be 100%.
Article 6.
Current
assets shall be classified under the risk weights as follows:
1. The group of assets, which
have the risk level of 0%, includes:
a. Cash;
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c. Vietnam dong deposits of the
State owned credit institutions which are maintained at the Bank for Social
Policy in accordance with the Decree No. 78/2002/ND-CP dated 4 October 2002 of
the Government on credits to the poor and other underprivileged persons.
d. Loans from funds financed,
entrusted for investment in accordance with trust contracts according to which
the credit institution only enjoys trust fees and not subject to any risk.
dd. Claims in Vietnam Dong on
Vietnam Government, the State Bank of Vietnam
e. Discount, rediscount of
valuable papers issued by the credit institution;
g. Claims in Vietnam Dong which
are secured by valuable papers issued by the credit institution; Claims fully
secured by cash deposits, savings books, deposits, valuable papers issued by
the Government, the State Bank of Vietnam;
h. Claims on the central
Governments, Central Banks of OECD countries;
i. Claims, which are secured by
the securities of the central governments of OECD countries or secured by the
central Governments of OECD countries.
2. The group of assets, which
have risk level of 20%, includes:
a. Claims on other domestic and
overseas credit institutions, in each kind of currency
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c. Claims, which are secured by
valuable papers issued by other credit institutions, which are set up in
Vietnam
d. Claims on State owned
financial organizations; Claims, which are secured by valuable papers issued by
the State owned financial organizations.
dd. Precious metal (except for
gold), precious stone
e. Cash, which are in collection
process.
g. Claims on IBRD, IADB, ADB,
AFDB, EIB, EBRD and those secured by these banks or secured by the securities
issued by these banks.
h. Claims on the banks, which
are set up in countries of OECD and those secured by these banks.
i. Claims on securities
companies, which are set up in the OECD countries, which comply with agreements
on capital management and supervision on the risk basis and claims which are
secured by these companies.
k. Claims on the banks, which
are set up outside the OECD countries, with the remaining term of less than 1
year and claims with the remaining term of less than 1 year, which are
guaranteed by these banks.
3. The group of assets which
have the risk level of 50%, includes
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b. Claims secured by immovable
assets of the borrowing party
4. The group of assets which
have the risk level of 100%, includes:
a. Amounts of the charter
capital, which is appropriated to subsidiary companies which are not a credit
institution, have a legal status and perform the independent accounting;
b. Investments made in forms of
capital contribution to, share purchase in other enterprises, economic
organizations.
c. Claims on banks set up in
non-OECD countries with the remaining term of 1 year and more.
d. Claims on the central
Government of non-OECD countries, except for the case where the loans are made
in local currency and the lending sources are in local currency of those
respective countries.
dd. Immovable assets, machines,
equipment and other fixed assets.
e. Other claims other than those
stipulated in paragraph 1, 2 and 3 of this Article.
Section
III. CREDIT LIMIT FOR CUSTOMERS
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1. Based
on this Regulation and actual operation, development strategy, credit
institutions other than foreign bank branches must design an internal policy on
criteria to determine a single customer and a group of related customers,
credit limits applicable to a single customer and a group of related customers,
including following contents:
a. The criteria to determine a
single customer and a group of related customers;
b. The credit limits applicable
to a single customer and a group of related customers;
c. The limits, the maximum ratio
of lending, guarantee to an economic industry or an economic area to the total
outstanding credit;
d. The strategy for the Assets
diversification, the policy and the methodology to monitor loans, guarantees
which exceed 5% of the own capital of the credit institutions.
dd. A loan and the sum of loans
with value in excess of 10% of the own capital of the credit institutions must
be approved by the Board of Directors or the Chairman of the Board of Directors
or by the person authorized by the Board of Directors, the Chairman of the
Board of Directors.
e. Where related customers have
dependent economic relations, the credit institutions should assess carefully,
strictly to make accurate decisions and secure the prudence in banking
activity.
2. The Board of Directors of a
credit institution shall, at least every 6 month or in a special, necessary
case, review the situation and the implementation of this policy by their
credit institution.
Article 8.
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1.1. The total outstanding loans
of a credit institution to a single customer must not exceed 15% of the own
capital of the credit institution.
The total lending and guarantee
level of a credit institution to a single customer must not exceed 25% of the
own capital of the credit institution.
1.2. The total outstanding loans
of a credit institution to a group of related customers must not exceed 50% of
the credit institutions own capital, of which the lending limit to a single
customer must not be in excess of the ratio stipulated in paragraph 1.1 of this
Article.
The total lending and guarantee
level of a credit institution to a group of related customers must not exceed
60% of the credit institutions own capital.
1.3. The total outstanding loans
of a foreign bank branch to a single customer shall not be in excess of 15% of
the own capital of the foreign bank at the maximum
The total lending and guarantee
level of a foreign bank branch to a single customer must not be in excess of
25% of the own capital of the foreign bank.
The total outstanding loans of a
foreign bank branch to a group of related customers shall not be in excess of
50% of the own capital of the foreign bank at the maximum, of which the lending
limit to a single customer shall not be in excess of 15% of the own capital of
the foreign bank.
The total lending and guarantee
level of a foreign bank branch to a group of related customers shall not be in
excess of 60% of the own capital of the foreign bank at the maximum.
2. Financial leasing limit:
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2.2. The total financial leasing
level to a group of related customers must not be in excess of 80% of the own
capital of the financial leasing company, of which the financial leasing level
to a single customer must not be in excess of the ratio stipulated in paragraph
2.1 of this Article.
Article 9.
Limits
stipulated in Article 8 of this Regulation shall not be applicable to following
cases:
1. Loans, financial leases from
entrusted funds of the Government, other credit institutions.
2. Loans to the Government of
Vietnam
3. Loans to other credit
institutions, which are operating in Vietnam, with the term of less than 1
year.
4. Loans secured by Government
Bonds or Bonds issued by the Government of the OECD countries;
5. Loans fully secured by
deposits, including also savings deposits, amounts deposited at the credit
institutions
6. Loans fully secured by debt
securities, which are issued by the credit institutions
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Article 10.
As of the
effective time of this Regulation, credit institutions, which have extended
loans, issued guarantees, made financial leases, which are in excess of the
ratios stipulated in Article 8 of this Regulation, shall not be entitled to
extend further loan, issue further guarantee or make further financial lease to
customers with ratios exceeding the above-stipulated level and at the same time
must take measures to assure the stipulated ratios to be complied within a
period of 3 years at the maximum, except for cases approved by the State Bank.
Section IV.
THE LIQUIDITY RATIO
Article 11.
Credit
institutions must base on provisions in the Regulation, other provisions of
applicable laws and their actual operation to issue an internal regulation on
the liquidity management for the prudence in the banking activity. The internal
Regulation on the liquidity management of the credit institution shall contain
following contents:
1. To set up an unit (from the
division level or similar level upward) in charge of the strategic liquidity
management and policy, which is controlled daily by an division Head or
equivalent officer and put under the direct management of a member of the
Management Board.
2. To make anticipations and
plans (including contingency plan) to secure the payment capacity, liquidity in
case of temporary shortage of the payment capacity as well as in case of
liquidity crisis.
3. To set up an early warning
system of the temporary shortage of the payment capacity and optimal solutions.
4. Policies on the treasury
management, the management of daily receipt, payment and source of funds and
policies on the holding of the highly liquid valuable papers.
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Article 12.
The
credit institutions must regularly secure the liquidity ratio for each kind of
currency and gold as follows:
1. The minimum ratio of the
value of current assets to the current liabilities, which become due within one
month to come, is 25%
2. The minimum ratio of the
total current assets, which can be payable within the next 7 working days to
the total current liabilities, which must be payable within the next 7 working
days is 1.
Article 13.
1.
Current Assets shall include:
a. Cash;
b. Gold
c. Deposits at the State Bank
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dd. Time deposits at other
credit institutions which have become due
e. Securities issued or
guaranteed by the Government of Vietnam:
(i) With the remaining term of 1
year and less: 100% of the book value
(ii) With the remaining term of
more than 1 year: 95% of the book value
g. Securities issued or
guaranteed by credit institutions which are operating in Vietnam:
(i) With the remaining term of 1
month and less: 100% of the book value
(ii) With the remaining term of
more than 1 month to 1 year: 95% of the book value
(iii) With the remaining term of
more than 1 year: 90% of the book value
h. Securities issued by the
government of OECD countries
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(ii) With the remaining term of
more than 1 year: 95% of the book value
i. Securities issued by banks of
OECD countries:
(i) With the remaining term of 1
month and less: 100% of the book value
(ii) With the remaining term of
more than 1 month to 1 year: 95% of the book value
(iii) With the remaining term of
more than 1 year: 90% of the book value
k. Drafts of export documents,
which have been accepted for payment by foreign banks with the remaining term
from 1 month and less: 100% of the amount stated in the draft.
l. 80% of secured loans,
financial leases which become due (principal, interest) within a period of 1
month.
m. 75% of unsecured loans which
become due.
n. Other kinds of securities:
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(ii) With the remaining term of
more than 1 month to 1 year: 90%
(iii) With the remaining term of
more than 1 year: 85%
o. Other due receivables
2. Current Liabilities shall
include:
a. The positive difference
between deposits of other credit institutions and deposits at those credit
institutions, which have become due;
b. 15% of demand deposits of
organizations (excluding deposits of other credit institutions), individuals;
c. Value of lending commitments
made by the credit institution, which have become due;
d. All other liabilities, which
will become due.
3. The credit institutions shall
base on provisions in Paragraph 1 and 2 of this Article to comply with the
liquidity ratios for each kind of currency as provided for in Article 12 and
analyze current assets and liabilities at particular periods stipulated in
Article 14 of this Regulation.
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1. Credit
institutions must set up an analyzing table of current Assets and current
Liabilities for each kind of currency by following periods of time:
a. In the following day
b. From 2 to 7 days
c. From 8 days to 1 month
d. From 1 to 3 months
dd. From 3 to 6 months
2. The analyzing table of
current Assets and current Liabilities for each kind of currency by periods
stipulated in paragraph 1 of this Article shall be provided for in Appendix B
of this Regulation
Section V.
THE MAXIMUM RATIO OF SHORT TERM FUNDS USED FOR MEDIUM, LONG TERM LENDING
Article 15.
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a. Commercial banks: 40%
b. Other credit institutions:
30%
2. Short term funds, which a
credit institution uses for medium, long term lending, shall include:
a. Demand deposits, deposits
with term of less than 12 months of organizations (including those of other
credit institutions) and individuals;
b. Non-time savings deposits,
savings deposits with term of less than 12 months of individuals;
c. Funds mobilized by issuing of
short term valuable paper.
d. The bigger difference between
amount borrowed from other credit institutions and loans to those credit
institutions with the term of less than 12 months
3. In case where credit
institutions use the short term funds to extend medium, long-term loans in
accordance with the designation of the Government, the lending shall be
performed under applicable provisions of the State bank.
4. Credit institutions which use
short-term funds for extending medium and long-term loans at a ratio higher
than the ratio provided for in paragraph 1 of this Article must submit a
written request to the State Bank for acceptance, which should clearly state
the reasons, the maximum ratio and management measures to satisfy the
requirement for the payment capacity. The State Bank may only consider and
approve the above -mentioned request from credit institutions, which comply
with other prudential ratios in the banking activity, have a bad debt ratio
(NPL) lower than 3% of the total outstanding loans, and possess a well
functioning Asset/Liabilities management system.
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Article 16.
1. Credit
institutions shall be entitled to use the charter capital and reserve funds to
invest in enterprises, investment funds, projects and other credit institutions
(hereinafter referred to as commercial investment) in forms of capital
contribution for investments, for joint ventures, share purchase in accordance
with provisions in this Regulation and other related provisions of applicable
laws.
2. The decision on the
commercial investment of the credit institutions must be carefully appraised,
assessed by the Management Board and approved by the Board of Directors of the
credit institutions.
Article 17.
1. The
investment level in a commercial investment made by a credit institution shall
not be in excess of 11% of an enterprises charter capital, investment Fund or
11% of the value of investment project at the maximum.
2. The total commercial
investments of a credit institution shall not be in excess of 40% of its
charter capital and reserve Fund.
3. Any credit institution which
wishes to make a commercial investment in excess of the ratio stipulated in
paragraph 1 of this Article must be approved in advance in writing by the State
Bank, provided that that investment is reasonable and the credit institution has
complied with prudential ratios in the banking activity, has the bad debt ratio
(NPL) from 3% of total outstanding loans and less.
Article 18.
Credit
institutions, which have made capital contribution for investments, joint
venture, share purchase in enterprises, investment funds, projects and other
credit institutions at levels higher than those provided for in Article 17 of
this Regulation, shall not be permitted to make further capital contribution to
joint ventures, for share purchase during the time where their ratio is
exceeding the above stipulated level and must take, at the same time, measures
to correctly comply with respective provisions within a period of 2 years at
the maximum from the effective date of this Regulation, except for the case where
the State Bank approves.
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Article 19.
Credit
institutions shall report on their compliance with implementation of provisions
on prudential ratios in accordance with current provisions of the Governor of
the State Bank on the statistic reporting regime applicable to units of the
State Bank and credit institutions.
Article 20.
Credit
institutions, which violate provisions of this Regulation shall, depending on
the nature, seriousness of the violation, be subject to administrative
punishment in accordance with provisions of applicable laws.
III.
IMPLEMENTING PROVISIONS
Article 21.
The
amendment, supplement of the provisions of this Regulation shall be decided
upon by the Governor of the State Bank.
APPENDIX A
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A. The own capital for the
determination of the minimum capital adequacy ratio of the commercial bank A:
1. Tier 1 capital
Unit:
Billion dong
Item
Amount
a. Charter capital (appropriated
capital, contributed capital)
200
b. Reserve fund for the
supplement of the charter capital
30
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30
d. Fund for operational
investment and development
20
e. Undistributed profits
10
Total
290
- Limit on the determination of
the tier 1 capital:
The commercial bank A purchases
a financial asset from enterprise B with the amount of VND100 billion
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The tier 1 capital of the
commercial bank A shall be VND 290 billion VND 50 billion = VND 240 billion .
2. The tier 2 capital
Unit:
billion dong
Item
increased
amount
Calculation
ratio
Amount
to be included into the tier 2 capital
a. The increased value of
revaluated fixed assets under provisions of applicable laws
50
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25
b. The increased value of investment
securities (including investment share, contributed capital), which are
revaluated under provisions of applicable laws
25
40%
10
c. Convertible bonds or
preferred shares which are issued by the CI with the remaining term of 6
years
15
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15
dd. General provisions
10
Total
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75
The own capital of the
commercial bank A = Tier 1 capital + tier 2 capital
= VND 240 billion + VND 75 billion
= VND 315 billion
3. Amounts required to deduct
from the own capital:
- The commercial bank A buys
shares from 4 other CIs with the total amount of VND 40 billion
- The commercial bank A makes a capital
contribution to a joint venture with other enterprises with the total amount of
VND 60 billion, equal to 19.04% of the commercial bank As own capital. The
level of 15% of the bank As own capital is equivalent to VND 47.25 billion (VND
315 billion x 15%). The excess amount of joint venture capital contribution to
other enterprises beyond 15% of the bank As own capital is VND12.75 billion
(VND 60 billion VND 47.25 billion)
The own capital for the
calculation of the minimum capital adequacy ratio (A) = the own capital -
amounts required to deduct from the own capital
A = VND 315 billion VND 40
billion VND 12.75 billion = VND 262.25 billion
B. Value of risk - adjusted
Assets on the balance sheet (B)
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Item
Book
value
Risk
factor
Value of risk
adjusted assets
1. Group of assets with the
risk level of 0%
a. Cash
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0%
0
b. Gold
45
0%
0
c. Deposits at Bank for Social
Policy under the Decree No. 78/2002/ND-CP dated 4 October 2002 of the Government
25
0%
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d. Investment in SBVs Bills
20
0%
0
dd. Loans from funds financed,
entrusted for investment of the Government, according to which the CI only
enjoys trust fees and not subject to any risk
25
0%
0
e. Loans in VND, secured by
the bills of the CIs, to the State owned enterprise B
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0%
0
g. Loans secured by valuable
papers issued by the Government of Vietnam, State Treasury
25
0%
0
2. Group of assets, which have
the risk level of 20%
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a. Loans in VND to other
domestic CIs
400
20%
80
b. Loans to provincial peoples
committee
300
20%
60
c. Loans in Foreign currency
to the Government of Vietnam
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20%
40
d. Claims, which are secured
by the valuable papers issued by other CIs, which are set up in Vietnam
100
20%
20
dd. Claims on the State
financial organizations
60
20%
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e. Precious metal (except for
gold), precious stone
100
20%
20
g. Cash which is in collection
process
50
20%
10
3. Group of assets which
have the risk level of 50%
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a. Investments in projects
under contract, in accordance with provisions in the Decree No. 79/2002/ND-CP
dated 25 October 20002 of the Government on organization and operation of
Finance Companies
100
50%
50
b. Loans secured by immovable
assets of the borrowing party
800
50%
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4. Group of assets which
have risk level of 100%
a. Total charter capital
appropriated to subsidiary companies which have legal status and perform
independent accounting
300
100%
300
b. Investments in forms of
capital contribution to, share purchase from other enterprises, economic organizations
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100%
100
c. Machine, equipment
100
100%
100
d. Immovable assets and other
fixed assets
200
100%
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dd. Other current Assets
400
100%
400
Total
(B)
1,792
C. Value of risk adjusted off-balance
sheet commitments
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Unit:
billion dong
Item
Book
value
Conversion factor
Risk
factor
Value of respective
risk Adjusted assets on balance sheet
a. Guarantee to company B for
funds borrowing under the designation of the Government
100
100%
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0
b. Guarantee to the company B
for payment of export amounts
200
100%
100%
200
c. Issuance of standby L/C which
provides guarantee to the company A for funds borrowing
150
100%
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150
d. Guarantee to the Company B
for its contract performance under the designation of the Government
100
50%
0%
0
dd. Bid guarantee to the
Company B
100
50%
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50
e. Commitments, which are
irrevocable in respect of the responsibility by the credit institution for
the payment in lieu of others, with the initial term of one year and more
80
50%
10%
40
g. Issuance of irrevocable L/c
to the Company B for importing goods
100
20%
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20
h. Acceptance of short term
commercial bill of exchange secured by goods
80
20%
100%
16
i. Delivery guarantee
50
20%
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10
k. Other trade related
commitments
50
20%
100%
10
l. At sight L/c which is
revocable
30
0%
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0
m. Other commitments, which
are unconditionally revocable with the initial term of 9 months.
20
0%
100%
0
Total
(C1)
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496
2. Interest rate transaction contract,
foreign currency transaction contract (C2):
Unit:
billion dong
Item
Book value
Conversion factor
Value
of respective current Assets on balance sheet
Risk
factor
Value
of respective risk adjusted Assets on balance sheet
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800
0.5%
4
100%
4
2. Interest rate swap contract with the initial term
of 18 months
600
1%
6
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6
3. Interest rate swap contract with the company D,
with the initial term of 2 years
500
1%
5
100%
5
4. Foreign currency swap contract with the company Y,
with the initial term of 9 months
200
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4
100%
4
5. Foreign currency swap contract with the company Y,
with the initial term of 18 months
400
5%
20
100%
20
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300
8%
24
100%
24
Total (C2)
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63
C = C1 + C2 = 496 + 63 = D. 559
billion
D. The minimum capital
adequacy ratio
D
=
A
x
100% =
262.25
x
100%
B
+ C
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D
=
262.25
x
100% = 11.15%
2,351
APPENDIX B.
THE ANALYZING TABLE OF CURRENT ASSETS AND CURRENT
LIABILITIES
Unit
of currency
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Time
to maturity
Total
The
following day
From
2 to 7 days
From
8 days to 1 month
From
more than 1 month to 3 months
From
more than 3 months to 6 months
I. Current Liabilities
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1. Deposits of State Treasury
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2. Deposits of other domestic
and oversea CIs
2. Borrowing from the State
Bank
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2. Borrowing from other
domestic and overseas CIs
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4. Receipt of funds from
co-financing lending
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6. Funds financed, entrusted
for investment
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6. Funds mobilized in forms of
issuance of valuable papers
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7. Financing commitments
8. Other current liabilities
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II. Current assets
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1. Cash
2. Deposits at the State Bank
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3. Deposits at other domestic
and overseas CIs
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4. Lending to other domestic and
overseas CIs
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6. Investments in securities
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6. Capital contribution, joint
venture participation, share purchase
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7. Financing commitments to be
received
8. Other assets
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