THE STATE BANK OF
VIETNAM
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom - Happiness
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No.
898/2003/QD-NHNN
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Hanoi, August 12,
2003
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DECISION
ON
THE ISSUANCE OF THE REGULATION ON THE DISCOUNT, REDISCOUNT OPERATION OF THE
STATE BANK FOR BANKS
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 Credit
Institutions No. 02/1997/QH10 dated 12 December, 1997;
- Pursuant to 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 Decree No. 86/2002/ND-CP dated 5 November, 2002 of the
Government on the functions, assignments, authorities and organizational
structure of Ministries and ministerial-level agencies;
- Upon the proposal of the Director of the Credit Department,
DECIDES:
Article 1. To
issue in conjunction with this Decision " the Regulation on the discount,
rediscount operation of the State Bank for banks".
Article 2. This
Decision shall be effective 15 days after the date of its publication in the
Official Gazette and replace the Decision No. 906/2002/QD-NHNN dated 26 August,
2002 of the Governor of the State Bank on the issuance of the Regulation on the
discount, rediscount operation of the State Bank for banks.
Article 3. The
Director of the Administration Department, the Director of the Credit
Department, Heads of the State Bank's units; General Managers of State Bank
branches in provinces, cities; Chairman of the Board of Directors, General
Directors (Directors) of banks 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 OPERATION OF THE STATE BANK FOR BANKS
(issued in conjunction with Decision No. 898/2003/QD-NHNN dated 12 August,
2003 of the Governor of the State Bank).
Article 1. Governing
scope and subjects of application
1. This Regulation shall provide for the
performance of the discount, rediscount operation of the State Bank for banks
with the view to implementing the monetary policy.
2. Banks for which the discount and
rediscount is made by the State Bank (hereinafter referred to as banks) shall
be banks, which are established and operating under the Law on the Credit
Institutions.
Article 2. The
discount, rediscount operation of valuable paper
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Article 3. The
discount rate
The discount rate shall be the rate, which is
applied by the State Bank for the calculation of the payment at the discount of
valuable paper. The State Bank shall determine and announce the discount rate,
in compliance with the objective of the monetary policy in each period of time.
Article 4. Forms of
the discount operation
1. The discount for the remaining term of
valuable paper: the State Bank shall purchase definitively valuable paper of
banks at the discount price.
2. The term discount: The State Bank shall
discount valuable paper together with the request for the re-purchase of whole
amount of those valuable paper to banks after a specific period. The maximum
discount term shall be 91 days.
Article 5.
Discountable valuable paper
1. Valuable paper that are discounted by the
State Bank shall include Treasury Bills, Treasury Bonds, State Bank's bills and
other valuable paper as stipulated by the State Bank of Vietnam from time to
time.
2. All types of valuable paper provided for
in paragraph 1 of this Article shall be discounted by the State Bank upon the
satisfaction of following conditions:
a. In case where the State Bank discounts
valuable paper for their whole remaining term: The maximum remaining term of
valuable paper shall be 91 days;
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c. Valuable paper are denominated in VND and
are transferable;
Article 6. The
discount limit
The discount limit shall be the maximum
discount level, calculated in accordance with the discount balance made by the
State Bank for a bank at any period of time in a quarter.
1. Based on the objective of the monetary
policy and the total approved amount of money supply, the Governor of the State
Bank shall decide on the total limit for the discount operation from time to
time.
2. Based on the total of discount limit, the
State Bank shall calculate the discount limit for each bank in accordance with
following formula:
H = V x S x k
In which:
- H: The discount limit of for a bank
- V: The own capital of the bank
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S =
The total of
short-term, medium & long term outstanding credit in VND
The total liability
k: The discount coefficient, which shall be
calculated by the following formula
k =
The total of
discount limit
In which, Vi and Si shall be the own capital
and proportion between the outstanding credit and the total Liability of the
bank i.
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4. Quarterly, the State Bank announces the
discount limit to banks, which shall hold short-term valuable papers that
satisfy sufficiently conditions for discount. The remaining credit limit of
banks, which do not hold valuable papers, shall be used as the preventive
discount limit.
5. Banks, which do not hold valuable papers,
if they have valuable papers, that satisfy sufficiently conditions, and request
for the discount in the quarter, shall submit a written request to the State
Bank (the Credit Department) for the notice of the supplement discount limit,
enclosed with the statement of accounts of the latest month and the list of
valuable papers to obtain the supplement limit notice from the preventive
discount limit by the State Bank.
Article 7. The
operating date
The operating date in the discount operation
shall be working days, excluding weekends, holidays and Tet holidays.
Article 8. Methods of
the performance of the discount operation
1. The direct method: Banks shall directly
conduct discount operations with the State Bank;
2. The indirect method: Banks shall conduct
discount operations via the computer system connected with the State Bank or
via Fax.
Article 9. Units,
which perform the discount operation at the State Bank.
The discount of valuable paper by the State
Bank for banks shall be performed at the Banking Operation Department, In
necessary case, the Banking Operation Department shall request the Governor of
the State Bank to authorize the State Bank's branches in provinces, cities
under the central Government's management (hereinafter referred to as
authorized branches of the State Bank) to carry out the discount operation for
banks, Head offices of which are located in their locality:
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2. The authorization of the Governor of the
State Bank to the State Bank's branches in provinces, cities under the central
Government's management to perform the discount operation shall be notified to
banks, Head Offices of which are located in their locality for their
performance.
Article 10. The
sequence, procedure for the performance of discount operation
1. Banks (Head-offices) that require to
discount valuable paper shall submit the application for the discount (in
accordance with the Form No. 01) to the State Bank (the Banking Operation
Department or authorized branches of the State Bank) prior to 3.00 p.m of an
operation day;
2. Based on the application for discount and
the discount limit, which has not been used, of banks, the State Bank shall
determine, decide on the acceptance or non-acceptance of the discount and
inform the acceptance (in accordance with the form No. 02) or the
non-acceptance (in accordance with the form No. 03) immediately after the
receipt of the application for discount from banks.
3. In case where at the time of notice for
the discount limit, the discount balance of banks at the State Bank is larger
than the announced discount limit, amounts of term-discount which have been
performed previously shall be entitled to perform in accordance with the
commitment. The State Bank shall only perform the discount operation with banks
when the outstanding discount is less than the notified discount limit of
banks.
Article 11. Cases of
non-acceptance of discount
1. Banks have used definitively the discount
limit.
2. Short-term valuable paper fail to satisfy
sufficiently conditions according to provisions at Article 5 of this
Regulation;
3. The content of the application for
discount submitted to the State Bank is not in compliance with the Form No. 01
or the signatory is in-competent;
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1. In case of the discount for the whole
remaining term
St =
Gt
1 +
Ls x Tc
365 x 100
In which:
St : The payment made by the State
Bank when discounting valuable papers.
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Tc : The remaining term (days) of
valuable paper. The remaining term shall be calculated from the discount date
to the maturity date of valuable paper.
Ls : The discount rate at the time of
the discount of the State Bank (% per year).
365 : The number of days of a year.
2. In case of the term discount
a. The formula to determine the amount that
the State Bank should pay to banks for the discount of valuable paper (discount
price): to be calculated in line with following the formula, which is provided
for in paragraph 1 of this Article.
b. The formula to determine the amount that
banks should pay to the State Bank upon the expiry of discount (repurchase
price):
Gv = St x
1 +
Ls x Tm
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365 x 100
In which:
Gv : Payment made by banks to the
State Bank upon the expiry of discount;
St : Payment made by the State Bank
to banks upon the discount;
Lm : The discount rate at the time of
the discount of the State Bank (% per year)..
Tm : The discount term (days) of the
State Bank
Article 13. Delivery,
receipt of valuable paper and payment upon the discount at the State Bank.
1. After the receipt of the acceptance notice
of discount operation from the State Bank, banks requesting for the discount
shall complete the procedures to transfer valuable paper to and receive the
payment from the State Bank at the Banking Operation Department or authorized
branches of the State Bank within one day from the date of the receipt of
notice. In case of the term discount, banks requesting for the discount shall
submit to the State Bank the commitment for the re-purchase of valuable paper
(in accordance with the Form No. 04) prior to the transfer of valuable paper
and receipt of payment.
2. In case, upon the expiry of the discount
(in case of the term discount), banks shall make a payment for the re-purchase
of valuable paper to the State Bank and get back valuable paper in accordance
with the commitment. Upon the expiry of discount, if Banks fail to make a
payment to the State Bank and get back valuable paper, the State Bank shall
deduct their accounts at the State Bank for payment.
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3. In case where banks requesting for the
discount fail to deliver valuable paper provided for in the acceptance notice
in the period stipulated by the State Bank, they shall be considered to have
cancelled the application for the discount. A bank, which cancels the
application for discount twice shall not be permitted to participate in the
discount operation with the State Bank for a period of 6 months, from the date
of second violation.
Article 14.
Responsibilities of related units of the State Bank
1. The Monetary Policy Department shall:
a. Co-operate with related units to determine
the total discount limit in each quarter submitted to the Governor of the State
Bank for approval;
b. Advise the Governor of the State Bank on
the determination of the discount rate;
c. Co-operate with the Credit Department for
the provision of information to determine the discount limit for banks.
2. The Credit Department shall:
a. Distribute the discount limit to banks in
accordance with provisions, on 5th of the first month of each quarter on the
basis of total of approved discount limit.
b. Notify the discount limit of banks where
valuable papers are maintained that fully satisfy conditions for the discount
to the Banking Operation Department and banks.
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d. Supplement or adjust the list of valuable
paper to be discounted by the State Bank when necessary.
3. The Banking Operation Department shall:
a. Guide the specific procedure for the
performance of discount operation at the Banking Operation Department and
authorized branches of the State Bank.
b. Perform the discount operation for banks
in accordance with announced discount limit. To organize the accounting,
receipt and delivery, preservation and maintenance of valuable paper in accordance
with applicable provisions.
c. Advise the Governor of the State Bank on
the authorization to the State Bank's branches in provinces, cities under the
central Government's management to perform, in whole or in part, the discount for
banks in their locality.
d. Consolidate quarterly results of the
discount performance for the whole system to report to the Governor of the
State Bank, and, at the same time, send the same to the Credit Department and
the Monetary Policy Department.
4. The Finance and Accounting Department
shall:
Provides the guidance on the accounting of
discount operation at the Banking Operation Department and authorized branches
of the State Bank in provinces, cities under the central Government's
management.
5. The authorized branches of the State Bank
in provinces and cities under the central Government's management shall:
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b. Report monthly results of the discount
operation in their locality to the Banking Operation.
Article 15.
Amendment, supplement
The amendment, supplement of this Regulation
shall be decided upon by the Governor of the State Bank of Vietnam.
Form No. 01
NAME OF THE BANK: ...
No.: ..............
SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
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To: The State Bank of
Vietnam
(The Banking
Operation Department or authorized branch of the State Bank in province, city)
Name:.......................................................................... Position:...........................................
Representative of the Bank:...................................................................................................
Address:...............................................................................................................................
Code of the Bank:............................................ Telephone:................... Fax:..........................
VND account at Bank No. :........................................... at:....................................................
The discount limit distributed by the State
Bank shall be VND............................ billion;
The discount rate has not been used: VND…………………....
billion.
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Requests the State Bank of Vietnam to
discount following valuable paper:
Unit: VND million
Order
Types of valuable
paper
Value of valuable
paper at maturity
Issuing rate (if
any) % /annum
The due date of payment
of valuable paper
The remaining term
of valuable paper (days)
Name, term, code of
valuable paper
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1
2
3
4
5
6
7
1
2
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Total
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Form requested for the discount:
................................................. (state clearly whether the
discount is made for the whole remaining term or for how many days)
We undertake to comply strictly with
provisions of the Regulation on the discount of the State Bank with banks.
Date
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REPRESENTATIVE OF
THE BANK
(Sign,
seal/the electronic signature)
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THE STATE BANK OF
VIETNAM
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
----------------------------------
No.: .....
/TB-......
..............,
date..................
NOTICE OF
THE DISCOUNT ACCEPTANCE
- Pursuant to the Discount Regulation of the
State Bank for banks issued in conjunction with the Decision No.
........./2003/QD-NHNN of the Governor of the State Bank.
- Pursuant to the request for the discount
dated .............. of the Bank............
- Based on the discount limit of the bank,
which has not been used at the time requesting for discount.
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Order
Types of valuable
paper
Value of due valuable
paper
(VND)
The remaining term
of valuable paper
(day)
The mode and term
of discount
Discount interest
rate (%/year)
The amount paid by
the State Bank
Name, term, code of
valuable paper
Form (certificate,
book entry)
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2
3
4
5
6
7
8
1
2
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Total
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The State Bank would like to inform for the
knowledge and performance of discount procedures of the Bank......... in
accordance with applicable provisions
AUTHORIZED BY THE
GOVERNOR OF THE STATE BANK
DIRECTOR OF BANKING OPERATION DEPARTMENT
(or MANAGER OF THE STATE BANK'S AUTHORIZED BRANCH IN PROVINCE, CITY)
(Sign,
seal/electronic signature)
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THE STATE BANK OF
VIETNAM
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
----------------------------------
No.: .....
/TB-......
..............,
date..................
NOTICE OF
THE DISCOUNT REFUSAL
- Pursuant to the Discount Regulation of the
State Bank for banks issued in conjunction with the Decision No.
........./2003/QD-NHNN of the Governor of the State Bank.
- Pursuant to the request for the discount
dated .............. of the Bank............
The State Bank does not agree the discount of
valuable papers upon the request of your Good Bank (attached with the list of
valuable papers not permitted to discount) with the total value of
..............., because of following reasons:
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2. ........................................................................................................................................
............................................................................................................................................
............................................................................................................................................
The State Bank would like to inform for the
knowledge of the Bank.............
AUTHORIZED BY THE
GOVERNOR OF THE STATE BANK
DIRECTOR OF BANKING OPERATION DEPARTMENT
(or MANAGER OF THE STATE BANK'S AUTHORIZED BRANCH IN PROVINCE, CITY)
(Sign, seal/electronic signature)
Form No. 04
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
----------------------------------
COMMITMENT
FOF RE-PURCHASE OF VALUABLE PAPER TO BE DISCOUNTED BY THE STATE BANK
To: The State Bank of
Vietnam
(The Banking
Operation Department or authorized branch of the State Bank in province, city)
Pursuant to the Notification No. dated
......../.../20.. of the Banking Operation Department (or the State Bank's
branch) on the acceptance of the State Bank for the term discount for..... days
in respect of valuable paper of the Bank ....
I (Name) .................... , position
..............., representative of the Bank ................, undertakes to
re-purchase all valuable paper stated in the following list upon the expiry of
discount of the State Bank.
Unit: VND million
Order
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Value of due valuable
paper
The due date of payment
of valuable paper
The discount rate
(%/year)
The payment made by
the State Bank upon the discount
The payment made by
bank to the State Bank upon the expiry of discount
Name, term, code of
valuable paper
Form (certificate,
book entry)
1
2
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4
5
6
7
8
1
2
..........
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Total
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I would like to undertake that the repurchase
amount of valuable paper shall be fully paid to State Bank and above valuable
paper shall be taken back on date........ in accordance with the Regulation on
the discount of the State Bank for banks. Any violation shall be dealt with in
accordance with provisions of applicable laws.
Date
................................
REPRESENTATIVE OF
THE BANK
(Sign,
seal/the electronic signature)