Circular 23/2015/tt-Nhnn: Amendments And Supplements To Some Articles Of The Statute Reserve Buộcđối With Credit Institutions Attached To Decision No. 581/2003/qđ-Nhnn Dated Jan. 9, 2003 Of Old ...

Original Language Title: Thông tư 23/2015/TT-NHNN: Sửa đổi, bổ sung một số điều của Quy chế dự trữ bắt buộcđối với các tổ chức tín dụng ban hành kèm theo Quyết định số 581/2003/QĐ-NHNN ngày 09 tháng 6 năm 2003 của Thố...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CIRCULAR additional amendments to some articles of the Statute required reserves for credit institutions attached to decision No. 581/2003/QĐ-NHNN dated Jan. 9, 2003 of the Governor of the State Bank _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;
Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;
Pursuant to Decree No. 154/2013/ND-CP DATED 11 November 2013 of government functions, tasks, powers and structure of the State Bank of Vietnam;
Pursuant to decision No. 48/2013/QD-TTg dated October 1, 2013 of the Prime on the capital contribution, purchase of shares required of credit institutions are special control;
Pursuant to decision No. 255/QD-TTg dated January 3, 2012 of the Prime some additional solution system restructuring credit institutions in the period 2011-2015;
At the suggestion of the Director of monetary policy;
The Governor of the State Bank of Vietnam issued a circular amending and supplementing some articles of the Statute required reserves for credit institutions attached to decision No. 581/2003/QĐ-NHNN dated Jan. 9, 2003 of the Governor of the State Bank.
Article 1. Amendments and supplements to some articles of the Statute required reserves for credit institutions attached to decision No. 581/2003/QĐ-NHNN dated Jan. 9, 2003 of the Governor of the State Bank (hereinafter referred to as the regulation on compulsory reserves) as follows: 1. Article 3 is amended as follows : "article 3. The object to apply the required reserves regulation is the credit institutions, branches of foreign banks be established and operate according to the law on credit institutions (hereinafter the credit organizations). ".
2. Article 6 is modified as follows: "article 6. State Bank deposit interest rates decision required reserve deposit interest rates beyond the reserve requirement for each type of credit organizations and each type of deposit in each period. ".
3. Article 8 is amended as follows: "article 8.
1. The reported reserve and pay interest on reserve deposits, deposits exceeded the mandatory reserves in foreign currency by the bank transactions made.
2. The notice required reserves and pay interest on reserve deposits, deposits crossed the reserve in bronze by Vietnam State Bank branch in the city, where credit institutions headquartered made (except credit institutions choice of transaction execution and State Bank has notified in writing to the Department of banking transactions State, State Bank branch in the province, the city where the credit institution is headquartered). ".
4. Article 10 is amended and supplemented as follows: "article 10.
1. for credit institutions are special controls, the Governor of the State Bank to review the decision to reduce the reserve requirement ratio for credit institutions to a minimum of 0%.
2. for credit institutions are implementing restructuring plan has been approved, the participating credit institutions restructure weak credit organization as directed, the Governor of the State Bank to review the decision to reduce the reserve requirement ratio for each specific credit institutions ".
5. Article 16 is amended as follows: "article 16. Handling of credit institutions lack the required reserves.
State Bank application forms, processing measures for credit institutions lack the reserves required under current law provisions on sanctioning administrative violations in the field of money and banking, and other legal provisions concerned. ".
6. Article 19 is amended as follows: "article 19. Transaction State Bank is responsible for: 1. Within 3 working days of early August, on the basis of the account balance on the last payment of the credit institution by the State Bank of India branch of the province, the city of communication, General and calculate the average account balance of payments in the Vietnam of credit institutions at the State Bank in the States maintain projected mandatory reserves; the average account balance transfer payment in Vietnam Dong of credit institutions at the Central Bank in maintaining reserve months in advance for the State Bank branch in the city, where credit institutions are located.
2. Within five working days of the beginning of the month, on the basis of the report the balance of deposit mobilization must average reserve requirement in the States determine the reserve requirement of a credit organization sent to, perform calculations, check, notice the amount of mandatory reserves the right of States to maintain required reserves and the implementation of mandatory reserves in the reserve maintenance period mandatory last month for credit institutions in the management unit under Schedule 2 attached.
3. Within 7 working days beginning may, on the basis of the average balance of payment accounts of credit institutions at the State Bank in the reserve maintenance period last month and announced the implementation of mandatory reserves in the reserve maintenance period, before , pay interest on deposits, deposit required reserves exceeding the required reserves in the States maintain reserve months in advance for credit institutions in the management unit as defined in this regulation.
4. Within 10 working days of the beginning of the month, General Executive situation required reserves in the reserve maintenance period, ahead of credit institutions in the management unit and of the credit institution by the State Bank of India branch of the province, the city sent the report to the Governor of the State Bank and simultaneously send inspection agency , bank supervision, monetary policy under Schedule 3 attached. ".
7. Article 20 is amended as follows: "article 20. State Bank branch in the city, where credit institutions are located are responsible for: 1. Within 5 working days of the beginning of the month, on the basis of the report the balance of deposit mobilization must average reserve requirement in the States determine the reserve requirement of a credit organization sent to , perform calculations, check, notice the right amount of mandatory reserves in Vietnam in the period to maintain the reserve requirement and the implementation of mandatory reserves in maintained reserve months in advance for credit institutions in the management unit under Schedule 2 attached.
2. Within 7 working days beginning may, on the basis of the average account balance of payments in the Vietnam of credit institutions at the Central Bank in maintaining the reserve requirement last month by the Bank of communications and the State announced the implementation of mandatory reserves in Vietnam in the reserve maintenance period, before , pay interest on deposits, deposit required reserves exceeding the required reserves in Vietnam in the period to maintain the reserve requirement last month for credit institutions in the management unit as defined in this regulation.
3. Within 7 working days of the beginning of the month, make the Executive situation general reserve in the reserve maintenance period, ahead of credit institutions in the management unit and of the State Bank of Vietnam (the Exchange State Bank) under Schedule 3 attached. ".
8. Article 22 is modified as follows: "article 22. Monetary policy is responsible for: 1. Based on the monetary policy target, the Governor of the State Bank review, decision: a) the reserve ratio for each type of credit organizations and each type of deposit in each period;
b) interest deposits reserve requirement, interest rates of deposits exceeding the required reserves for each type of credit organizations and each type of deposit in each period.
2. On the basis of the recommendation of the Ombudsman, the Agency overseeing the Bank, the State Bank Governor decided the rate of mandatory reserves applicable to credit institutions are special controls, credit institutions are implementing restructuring plan has been approved, the participating credit institutions restructure weak credit organization according to specify. ".
9. Article 24 is amended and supplemented as follows: "article 24. Inspection Agency, responsible for banking supervision: 1. Based on the organisational approach and structure approach, activities of the credit institution, proposes monetary policy with reducing the rate of compulsory reserves for credit institutions are special control , credit institutions are implementing restructuring plan has been approved, the participating credit institutions restructure weak credit organization according to specify, in which specific proposals regarding mandatory reserve rates apply, States maintain mandatory reserves starting to apply and the deadline to apply.
2. Within 15 working days from receipt of the report of the State Bank on the State of observance of reserve requirement of a credit organization, processed under the authority or the recommendation of Governor State Bank handling measures for credit institutions lack the reserves required under current rules. The report of the State Bank Governor, Council send monetary policy and the Exchange State Bank the decision handling credit institutions lack the required reserves.
3. Inspection, check the credit institutions in compliance with the provisions of this regulation; processed under the authority or the recommendation of Governor State Bank handling measures for credit institutions violate current regulations. ".
Article 2.
1. Annuls Article 21 and article 26 of the regulations of mandatory reserves.
2. Replace the phrase "deposit accounts" into the phrase "payment account" in the required reserves regulation.
3. Replace the word "admit" to reserve the term "reserve" in beyond the regulation reserve.
4. Replace Schedule 2 attached to the regulation reserve by Schedule 2 attached to this circular.
Article 3. Effect 1. This circular effect since 28 January 2016.
2. From the date of this circular effect, the following provisions most effective: a) decision No. 923/QĐ-NHNN dated Jan. 20, 2004 by Governor of the State Bank on the interest rates of deposit reserve requirement for credit institutions;
b) decision No. 1130/2005/QĐ-NHNN dated Jan. 1, 2005 by the Governor of the State Bank of the amendments and supplements to some articles of the Statute required reserves for credit institutions issued decision No. 581/2003/QĐ-NHNN dated Jan. 9, 2003 of the Governor of the State Bank.
Article 4. Organizations make

Office Manager, Director of monetary policy, the heads of the relevant units in the State Bank, Director of the State Bank of India branch of the province, central cities, Chairman of the Board, the Chairman of the Board members and the ceo (Director) credit institutions foreign bank branch, is responsible for implementation of this circular.