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THE STATE BANK OF VIETNAM
Number: 36 /2014/TT-NHNN
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 20, 2014
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IT ' S SMART
Regulation of limitations, safety guarantee rate in operation
of the credit organization, the foreign bank branch
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Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;
The Code of Credit: 47 /2010/QH12 June 16, 2010;
Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;
On the recommendation of the Chief Inspector, the bank oversight;
The Governor-General of the State Bank of Vietnam issued a limited guarantee of limits, a safety guarantee in the operation of the credit organization, the foreign bank branch.
GENERAL REGULATION
1. This information regulates the limits, the safety guarantee rate in the activity that credit organizations, the foreign bank branch must regularly maintain, including:
a) The minimum capital safety ratio;
b) Limited credit;
c) The ability to pay;
d) The maximum ratio of short-term capital sources is used to lend long-term and long-term loans;
) Limited Capital, Purchasing Equity;
e) The ratio of debt to loan is compared to the total deposit.
2. The monitoring results base, inspection, inspector of the State Bank of Vietnam (later known as the State Bank) for the credit organization, the foreign bank branch, in the case it is necessary to secure safety in the operation of the credit organization. The foreign bank branch, which depends on the nature, the risk level, the State Bank requires credit organization, the foreign bank branch that imples one or some of the lower limits, the tighter safety rate than the regulatory levels in the United States. Come on.
3. For the credit organization, the foreign bank branch is implementing the approved restructuring method, in the case of necessity, the Governor of the State Bank of the State of the State decided to specifically limit, the safety guarantee rate for each credit organization, the report said. Foreign bank branch.
1. Credit organizations include:
a) Banking: State Commercial Bank, cooperative bank, equity trade bank, joint venture bank, bank of 100% foreign capital;
b) Non-bank credit organization: Financial firm, financial leasing company.
2. Foreign Banking Branch.
In this Information, the words below are understood as follows:
1. The must require deposits at the credit organization, the other foreign bank branch, deposits at the foreign credit organization; the investment in the valuable paper; the loan; the financial leasing; factoring; discounting, rediscounting the tool. transfer, the paper is priced; the allowable credits are in the form of a credit card release; the payout is in lieu of the diplomatic commitment.
2. Customers in credit-level relations with credit organization, foreign bank branch (later known as customers) are the organization (including credit organizations, foreign bank branches), individuals, other subjects according to the rule of civil law, which is a member of the United States. The truth
A customer is an organization or an individual or another subject by the rule of civil law.
3. The real estate business is the forgiving of investment capital, purchasing, receiving transfers, renting, renting real estate to sell, transfer, lease, lease, lease, lease for lucrative purposes.
4. Contract derivatives contracts include interest rate swaps, interest rate contracts, interest-option contracts, other interest rate derivatives contracts by the State Bank regulation.
5. The foreign currency derivatives contract includes foreign exchange contracts, foreign currency contract contracts, foreign currency contracts, foreign option contracts, other foreign currency derivatives contracts under the State Bank regulation.
6. The non-split profit of the credit organization, the foreign bank branch is the undistributed profit portion, which is determined after the fiscal year ' s fiscal report was independently audits and was held by the General Assembly, Council Member, General Assembly, president. Owned, the foreign bank (the parent bank) decided to hold on to the purpose of additional funding for the credit organization, the foreign bank branch.
7. Trade advantage is the positive difference between the amount of money that buys a financial asset and the accounting book value of that financial asset that the credit organization must pay arise from the transaction that is worth the business acquisition, the other credit organization follows. Rule law. This financial asset is fully reflected on the balance sheet of the credit organization.
8. OECD is the Organization for Economic Cooperation and Development.
9. International Financial Organization:
a) World Bank Group comprises: International Bank for Reconstruction and Development (The International Bank for Reconstruction and Development-IBRD), International Financial Company (IFC), International Development Association (IFC), The International Monetary Fund (IFC) International Development Association-IDA), the Multinational Investment Guarantee Agency (MIGA);
b) Asian Development Bank (The Asian Development Bank-ADB);
c) Africa Development Bank (The African Development Bank-AfDB);
d) The European Bank for Reconstruction and Development (EBRD);
The Inter-American Development Bank (IADB);
e) European Investment Bank (The European Investment Bank-EIB);
g) European investment fund (The European Investment Fund-EIF);
h) North European Investment Bank (The Nordic Investment Bank-NIB);
i) Caribbean Development Bank (The Caribbean Development Bank-CDB);
l) The Islamic Development Bank (IDB); the Islamic Development Bank.
l) the European Community Development Bank (CEDB); the European Development Bank (CEDB);
m) The other international financial institution has a charter which is funded by the governments of the countries.
10. The control company is:
a) The Company owns either directly or indirectly over 20% of the charter capital or equity of voting rights or in the control of a commercial bank, the financial firm;
b) The commercial bank, the financial firm with its subsidiary, the affiliated company.
11. Papers are priced as proof that the obligation to pay the debt between the organization of the paperwork is priced with the owner of the paper priced at a certain deadline, interest payments, and other conditions. The paper costs the bonds, the votes, the left, the deposit certificates, the votes and other types of paper.
12. Level credits include a career in loan, bail, discounts, rediscounts, financial leasing, factoring, corporate bond investments, credit card issuers, and other credit-level business pursuits under the State Bank regulation.
13. Total credit debt balances include total balance of loans, discounts, rediscounts, financial leasing, factoring, corporate bond investments, credit cards, and other credit-level services according to the State Bank regulation, the public health care balance. And the trustees for the credit organization, the foreign bank branch, the credit card.
14. The bond investment is the purchase or trust for another organization (including credit organization, other foreign bank affiliates) buying bonds.
15. The relevant person of an organization, the individual is the organization, the individual with direct or indirect relations with the organization, that individual.
a) The relevant person of an organization (including the credit organization) consists of the following cases:
(i) The parent company or credit organization is the parent company (later called the parent credit organization) of that organization;
(ii) The subsidiary of that organization;
(iii) The company has the same parent company or the same parent credit organization of that organization;
(iv) The manager, Board member of the parent company or of the parent credit organization of that organization;
(v) The individual or organization has the authority to appoint the manager, the Board member of the parent company or the parent credit organization of that organization;
(vi) The manager, the board member of that organization;
(vii) The company, the organization has the authority to appoint the manager, the Board member of that organization;
(viii) Wife, husband, father, mother, son (including adopts, adopts, adopts, adopts, father-in-law (father-in-law), mother-in-law (son-in-law), stepfather, stepmother, stepmother, stepbrother, sister, sister (including me, sister, sister, half-brother, sister or roommate) The elder father, brother-in-law, sister-in-law, sister-in-law, brother-in-law, the administrator of the Board, a member of the Board, a member of the capital, or a shareholder, or a shareholder, from 5% of the charter or equity of the organization.
(ix) Organization, individual holders from 5% of the charter capital or equity have the voting rights at that organization;
(x) The individual is authorized to represent the portion of the donation, which shares the organization.
b) The relevant person of an individual consists of the following cases:
(i) Wife, husband, father, mother, child (including foster parents, adopts, adopts, father-in-law (father-in-law), mother-in-law (son-in-law); stepfather, stepmother, stepmother, stepbrother, sister, sister (including me, sister, sister, sister, father or father) the mother, the brother-in-law, the bride, the brother-in-law, the brother-in-law,
(ii) The company or credit organization that the individual owns from 5% of the charter capital or equity has the right to vote back;
(iii) The subsidiary that individual is the manager, member of the Board of Control of the parent company or the parent credit organization;
(iv) The subsidiary that the individual has the authority to appoint the manager, the Board member of the parent company or the parent credit organization;
(v) The company or credit organization that the individual is the manager, member of the Control Board;
(vi) Company or credit organization that the individual is a wife, husband, father, mother, child (including adopts, adopts, adopts, adopts, father-in-law (father-in-law), mother-in-law (son-in-law), stepmother, stepmother, stepchild, stepbrother, sister, sister (including: You, your sister, your half-brother, your brother-in-law, your brother-in-law, your sister-in-law, your sister-in-law, your sister-in-law, the son-in-law of the administrator, the board member, the capital, or shareholder, is owned by a 5% equity or equity of the right to vote on the company or the organization. That's a credit card.
(vii) The organization, the individual authorized the representation of the capital, shares it for the individual;
(viii) The individual along with that individual is a proxy organization which contributes to it, shares in another organization;
(ix) The individual is authorized to represent the portion of the donation, shares.
c) To ensure risk control due to the concentration of credit in bank activity, credit organization, foreign bank branch is added in cases of relevant persons other than the specified cases at the point a and b this paragraph in the following rules. It ' s the internal branch of the credit organization, the foreign bank branch.
16. A capital, buying shares of credit organization is a credit organization that contributes to a charter capital credit, purchasing shares and other forms to become a shareholder, a contributing member of businesses, other credit organizations, including charter capital, contribute capital to the subsidiary company, the affiliated company of the credit organization; which contributes to the investment fund or capital trust for other organizations that contribute capital, buying shares in the form of the above form.
17. It is not possible to cancel whether or not to cancel or change in any form to the committed commitments, unless the case has to cancel or change in accordance with the rule of law.
18. Level of credit for investment, stock business including:
a) For loan, discount of paper priced to the stock company to invest, stock business;
b) The loan to buy the stock;
c) For pre-money lending to customers who have sold securities and used borrowed capital to buy stocks;
d) Give a loan to the customer to supplement the amount missing when the stock purchase order is matched;
Lending to workers to buy shares first issued when transferring the state company to a holding company;
e) Give loan to capital, buy shares of the holding company;
g) the paper discount is priced for the customer to use the stock purchase discount amount;
h) The loans and discounts of papers are priced in other forms that the customer uses that money to buy the stock.
1. The credit organization, the foreign bank branch must issue an internal Regulation on the credit level, manage the loan to ensure the use of the right-purpose borrower by regulation at this Smart and relevant documents, of which the minimum must have internal funds. After:
a) The criteria defines a customer, a customer and the relevant person under the regulation at paragraph 15 Article 3 This Smart, credit policy towards a customer, a customer and the relevant person, regulations on the principle of devolve, the mandate of employment. decision, approval of the credit level, the restructuring deadline for a customer, a customer and the relevant person;
b) Regulations on the distribution of risks in credit-level operations; tracking methods, management, and approval, decision-level decisions for a customer, a customer and the relevant person at a level from 1% of the self-employed capital of the credit organization, the branch. Foreign bank returns, public assurance, transparency between appraisal, credit and restructuring of debt, preventing conflict of interest between the appraisal, the decision to grant credit and to the customer who is relevant to these people;
c) Principles, evaluation quota, which determines the level of credit-level risk to customer objects, the sector that the credit organization, the foreign bank branch preferred or limited credit-grade credit to build plans, business strategies, and more. Every year;
d) The review of the credit level and review, the decision to restructure the payment deadline (including the debt extension and the debt limit adjustment) must be made on the principle of the person who decides to restructure the debt deadline is not the person who decides to grant credit. That, except for the degree of credit-granting credit by the Board of Directors, Council of Membership, General Manager (for the Foreign Bank Branch) through;
) Regulating the conditions, processes to manage risks in a credit-level operation to invest, stock business.
2. The credit organization, the foreign bank branch must issue an internal Regulation on the assessment of the quality of assets that have and comply with the minimum capital safety rate, which is built on the principle of risk management on assets, based on demand, characteristics, level of demand. the risk in operation, consideration to the business cycle, the ability to adapt to the risk and business strategy of the credit organization, the foreign bank branch. The content of this Regulation must comply with the regulation at this message and the relevant text, in which the minimum must have the following content:
a) Regulation of organizational structure, hierarchy, authorization and functions, tasks of each management department for capital safety rates;
b) Principles, policies, identification processes, measurement, tracking, control, reporting and exchange of information on risk to comply with capital safety rates;
c) The regulation of self-contained structural and asset management mechanisms must be evaluated: the degree and trends of the risks, the impact of risk to the inherent capital requirement to offset the risk; scale and quality of self-inherent, risk tolerance from macro factors, capability, and risk factors. Access to an additional source of capital, including the ability to support financing from shareholders as needed to ensure compliance with minimum capital safety rates; capital obligations to subsidiaries and companies linked; the capital objective is short and long-term. restrict, envisage the cost of the addition of self-existing capital and the solution execution of a self-made capital target. The regulations on the management of self-contained capital and property include:
(i) Process and tracking method, scale evaluation, composition, quality of capital self and property portfolio;
(ii) The minimum capital safety management system;
(iii) Early warning system, which defines the signs to soon identify the risk, the risk of resulting in a decrease in the rate of capital safety and the monitoring, regulatory report;
(iv) The processing method to ensure the individual minimum capital safety ratio and merge, which must be specified in:
-The regulatory measure, which develops self-based and property capital to respond to the case of decline or breach of regulation on minimum capital safety rates;
-Liability, powers, obligations, and coordination of departments, individuals are involved in the construction of the method, the treatment, the application with the case of a decline or violation of minimum capital safety rates.
3. The credit organization, the foreign bank branch must issue an internal Regulation of liquidity management by regulation at this Smart and relevant documents, of which the minimum must have the following content:
a) Regulations on the devolve, authorization, functions, duties of the relevant departments in the management of the property, the debt assets, and the assurance of maintaining the ability to pay, liquidity;
b) Process, procedure and liquidity management limits, which limit the arbiter to the property limit of property, the debt assets on the basis of the cash flow, the cash flow specified at Appendix 3 of this Smart;
c) Principles, policies, identification processes, measurement, tracking, control, reporting, and exchange of risk information on the ability to pay, liquidity; early warning criteria in risk of cost deficiency, liquidity and disposal methods;
d) Planning and measures to hold valuable types of paper with high liquidity capabilities;
Guide, test, control, internal audit to the maintenance of the ability to pay, liquidity;
e) The assessment model and testing of the ability to pay, liquidity, including the possible situation analyses, the liquidity that may occur. Case analysis must ensure:
(i) A minimum scenario analysis of two cases:
-Cash flow from business activity in normal operating conditions;
-The cash flow from business activity in terms of the ability to pay, liquidity.
(ii) The situation analysis must ensure the following contents:
-ability to perform daily obligations and obligations;
-The treatment measures to be able to meet the regulatory capability.
4. Internal Regulations stipulate at paragraph 1, paragraph 2 and paragraph 3 This must be searched, revised review, periodically adding at least once a year.
5. In the 10-day period, since the date of the board, the amendment, addition or replacement of the Rules of Internal Regulations stipulated at paragraph 1, paragraph 2 and paragraph 3 This, the credit organization, the foreign bank branch must send directly or by mail to the Bank. State rows (Ombudgeting) Internal Regulations are enacted, modified, supplemated or replaced.
What? 5. Information technology system
The credit organization, the foreign bank branch, must have a system of information technology that is connected to the entire system to implement the regulations at this Smart, ensuring the following minimum requirements:
1. Save, access, supplement the database of customers, markets, guarantee risk management under the regulation of the State Bank and the internal regulation of the credit organization, the foreign bank branch.
2. Statistics, tracking, managing cash flow, capital gains, assets, debt payable; calculation, management, monitoring of limits, safety rates in operation.
3. Make the statistical reporting regime according to the regulation, the request of the State Bank.
SPECIFIC REGULATION
Item 1
THE REAL VALUE OF THE CHARTER CAPITAL, WHICH IS GRANTED AND PROCESSED
WHEN THE REAL VALUE OF THE CHARTER CAPITAL, WHICH IS GRANTED
LESS THAN LEGAL CAPITAL
What? 6. The real value of the charter capital, which is granted
1. The real value of the charter capital, which is granted by the credit organization, the foreign bank branch is the value left of the charter capital, which is granted as defined by the principle of regulation at paragraph 2 and the calculated calculation at paragraph 3 This.
2. The principle determines the real value of the charter capital, which is granted:
Credit organization, the foreign bank branch that counts the remaining value of the charter capital, which is granted when:
a) fully extract the risk prevention under the rule of law;
b) The full amount of income and expenses by law to determine the outcome of business.
3. How to calculate the real value of the charter capital, which is granted:
The real value of the charter capital, which is granted to be defined by the capital charter capital, which is granted, plus (except) undistributed capital gains (unhandled ramparts), the funds from the post-tax profit (excluding reward funds, benefits, reward funds). the executive order).
4. The credit organization, the foreign bank branch must regularly follow, evaluate the real value of the charter capital, which is granted and periodically report the State Bank (the Bank of Inspects, bank oversight) the real value of the charter capital, which is granted, as follows:
a) For the credit organization, the foreign bank branch of the foreign bank has a fiscal report of the year ending December 31:
As of 15 July and 15 January each year, the credit organization, the foreign bank branch, reports the real value of the charter capital, which was granted at the end of June 30 and December 31;
b) For the credit organization, the foreign bank branch is approved by the state authority to approve the year of unending fiscal report on 31 December:
The latest to the 15th of the first month of the first quarter accounting and third quarter accounting, credit organization, foreign bank branch reported the real value of the charter capital, which was granted at the time of the last day of the adjacent quarterly accounting. There.
c) The actual value case of the charter capital, which was granted at the time of the report stated at the point a and this b point has not included the corrects of independent audits (if any), the credit organization, the foreign bank branch added to the report. The next financier.
What? 7. Processing when the real value of the charter capital, which is granted lower than the legal capital level
1. When the real value of the charter capital, which is granted by the foreign bank branch lower than the legal capital, the credit organization, the foreign bank branch must:
a) Build and self-implement implementation of the processing method to ensure the true value of the charter capital, which is at minimum level equal to the degree of capital;
b) In a maximum period of 30 days when the real value of the charter capital, which is granted lower than the legal capital level, must have a written report of the treatment and commitment to implement the method for the State Bank (Agency for Inspectra, banking supervision), in the There must be a minimum of following:
(i) The real value of the charter capital, which is granted under the regulation at this Article 6;
(ii) The cause of the actual value of the charter capital, which is granted lower than the legal capital rate;
(iii) The measures guarantee the real value of the charter capital, which is granted no lower than the legal capital and maintains safe guarantee rates in operation;
c) The organization to implement the implementation of the treatment at the request of the State Bank (if available).
2. State Banking measures apply to handle when the regulatory capital, which is granted by the credit organization, the foreign bank branch is lower than the legal capital:
a) Comment, check, inspect or ask for a credit organization, the foreign bank branch that imples an independent audit to determine the real value of the charter capital, which is granted at the disposal method due to the credit organization, the foreign bank branch reported. I mean, the charges are on this one.
b) Request for amendment, addition, finalization of the disposal measures of the credit organization, the foreign bank branch when the actual value of the charter capital, which is granted lower than the specified capital rate at the prescribed method at 1 Article in the case of a You know,
c) Monitoring, inspection of the organization, implementation of the implementation of the measures at the disposal method, including the handling of the treatment at the request of the State Bank;
d) Depending on the extent of the actual value of the charter capital, which is granted against the degree of capital, the State Bank decides specifically to the following processing measures for each credit organization, the foreign bank branch:
(i) Regulatory measures at paragraph 2 Article 59 State Banking Law when the real value of the charter capital, which is allocated to less than 80% of the legal capital level;
(ii) Apply restructuring measures by law, revoking the license to the credit organization, the foreign bank branch if the credit organization, the foreign bank branch, has the real value of the charter capital, which is granted less than 50%. The legal capital or the actual value of the charter capital, which is granted less than the constant amount of capital within 6 months, although there has been a prescribed disposal method at 1 Article.
Item 2
INHERENT SELF AND MINIMUM CAPITAL SAFETY RATE
1. The inherent capital of the credit organization, the foreign bank branch is the basis for determining the limits, the safety guarantee rate in the operation of the credit organization, the foreign bank branch stipulated in this Information.
2. The capital itself includes the total capital 1 and the second-level capital minus the provisions of regulation at the Appendix 1.
3. The credit organization, the foreign bank branch outside the self-based base at the end of the most recent work day to calculate and maintain the limits, the safety rate stipulated at this Smart when carrying out banking activities.
What? 9. minimum capital safety ratio
1. The minimum capital safety rate reflects the amount of capital of the credit organization, the foreign bank branch on the basis of capital value itself and the level of risk in the operation of the credit organization, the foreign bank branch. The credit organization, the foreign bank branch, has to regularly maintain a minimum rate of capital safety by regulation at paragraph 2, paragraph 3 This.
2. The minimum capital safety ratio of the credit organization:
a) The minimum capital safety ratio of the credit organization consists of individual minimum capital safety rates and the maximum minimum capital safety ratio.
b) Individual minimum capital safety rate: Each credit organization must maintain a minimum minimum capital safety rate of 9%.
The individual minimum capital safety rate is determined by the following formula:
| Individual minimum capital safety ratio (%) = |
Individual self |
x 100% |
| Total Asset Management |
In it:
-The individual self-capital is determined by regulation at Appendix 1 This Privacy.
-The total asset with individual risk is the total value of the assets that are defined by the level of risk and the asset value that has the corresponding intranet of the diplomatic commitment determined by the level of risk according to the regulation at Appendix 2 This Privacy.
c) The maximum minimum capital safety rate: The credit organization has a subsidiary, in addition to maintaining the individual minimum capital safety rate as specified at the point b has to simultaneously maintain a minimum minimum capital safety rate of 9%.
The maximum minimum capital safety rate is determined by the following formula:
| Maximum minimum capital safety ratio (%) = |
Self-incorporated capital |
x 100% |
| Total Asset Management |
In it:
-The incorporated capital is determined by regulation at the Appendix 1.
-The total asset risk is determined by regulation at Appendix 2.
3. The minimum capital safety ratio of the foreign bank branch: The foreign bank branch must maintain a minimum capital safety rate of 9%.
The minimum capital safety rate is determined by the following formula:
| Minimum capital safety ratio (%) = |
Self-made |
x 100% |
| Asset Total Risk |
In it:
-The self-specified capital is specified in the Appendix 1.
-The total asset at risk is the total value of the assets that are defined by the level of risk and the asset value that has the corresponding intranet of the diplomatic commitment determined by the level of risk according to the regulation at the Appendix 2.
Section 3
LIMIT, LIMIT CREDIT
1. The credit organization, the foreign bank branch that manages credit-level operations according to the provisions of the law and the Internal Regulations of the credit level, manages the loan to ensure the use of the right borrower in accordance with Article 4 of this Article 4.
2. The credit organization, the foreign bank branch must be established, updated as soon as the changes to the founding shareholders ' list, large shareholders, capital members, board members, board members, Board members, board members, and others. and other administrative functions according to the rule of law, the provision of the organization and activities of the credit organization and the relevant people of these people. This list must be publicly available
in the entire system of the credit organization, the foreign bank branch, and send directly or by post office to the State Bank (the Ombudgt, the bank oversight).
3. The credit organization, the foreign bank branch must report to the General Assembly, the General Assembly of credit grants to the stipulated subjects at 1 Article 12 This information arise to the time of taking the data to meet the Grand Council of the shareholders, Member congress; report to the owner, the capital member, the manager, the operator, and the State Bank (Agency for inspection, oversight of the bank) when there is a birth of credit grants to the specified objects at 1 Article 12 Private Information. Hey.
4. The credit grants for the subsidiary, the affiliate company and the subjects in the regulatory list at paragraph 2 This Article (except for the case of not granted a prescribed credit at Article 11 This Notice) must be governed by the Board, the Board Member, General Counsel. director (for the foreign bank branch) through, except for credit grants of the jurisdiction of the Eastern Council of shareholders. The board must oversee the approval of the credit level against these objects.
What? 11. The case is not granted credit
1. The credit organization, the foreign bank branch, is not granted credit to the specified subjects at Article 126 of the credit organizations.
2. The credit organization, the foreign bank branch, is not granted credit to the customer for investment, the business bond business has not listed.
What? 12. Limit the credit level
1. The credit organization, the foreign bank branch which is not granted unwarranable credit, grants credit to preferable conditions (incentives for interest rates, records, sequencing, credit-level review procedures, debt obligations guarantee, and income processing measures). rebate against the rule of law and regulations at the Internal Regulations of the Credit Level, the management of the loan to ensure the use of the right loan capital to apply to the customer and the relevant person) to the following subjects:
a) Organization audits, auditor auditor audits at credit organization, foreign bank branch; inspectors are inspector at the credit organization, foreign bank branch;
b) The chief accountant of the credit organization, the foreign bank branch;
c) The great shareholder, the founding shareholder;
d) The business has one of the specified objects at a Article 126 Law of credit organizations that owns above 10% of the business ' s charter capital;
The appraisal, the credit card,
e) subsidiaries, affiliated companies of credit organizations or businesses that credit the credit to control.
2. The granting of credit to the specified subjects at paragraph 1 This must be approved by the Board of Directors, Council Member, General Manager (for the foreign bank branch) through and publicly in the credit organization, the banking branch of the country. It ' s also regulated at three of these things.
3. The total balance of credit-level debt on specified objects at points a, point b, point c, point d and point 1 This is not to exceed 5% of the self-employed capital of the credit organization, the foreign bank branch.
4. The total balance of credit for a specified object at the point of E 1 This does not exceed 10% of the credit organization's inherent capital; for all the specified objects at the point of E 1 This does not exceed 20% of the organization ' s own capital. Credit card.
1. The total amount of credit-level debt to a customer is not exceeding 15% of the bank 's inherent capital, the foreign bank branch; the total amount of credit-level debt to a customer and the relevant person is not exceeding 25% of the bank' s capital. It's a foreign bank branch.
2. The total balance of credit for a customer is not exceeding 25% of the non-bank credit organization; the total amount of credit-level debt to a customer and the relevant person is not exceeding 50% of the self-employed capital of the credit organization. The bank.
3. The level of credit-level debt stipulated at paragraph 1 and paragraph 2 This does not include:
a) The government-mandated loans, organizations (including credit organizations, other foreign bank branches in Vietnam) and individuals whose risks associated with this loan are due to the Government, organization, and individual trustee;
b) The loan to the credit organization, the other foreign bank branch;
c) The loan grants are fully secured by the individual ' s savings deposit on both the deadline and the value;
d) The bail for the party to be secured is the credit organization, the other foreign bank branch;
The warranty on the basis of the credit organization ' s response to the credit organization, the other foreign bank branch;
e) The bail-in-a-seat credit card facility due to the credit organization, other foreign bank branch released;
g) The bail confirmation on the bail party's offer is a credit organization, the other foreign bank branch if the parties to the agreement (in writing) on the side of the confirmation of the bail of the creditor, and the claim to the bail. pay the amount on which the confirmation of the bail guarantee is given to the bail when the bail obligation is done;
h) The bail and commitment to issue under the form of certificate of evidence from having a fully secured property by money sent by the Vietnamese; the foreign currency; gold; the government bonds of the party are guaranteed and/or the third.
The credit organization, the foreign bank branch self-identifies the deduction rate for each category of regulatory assets under regulation at this point, on the basis of assessing the ability to recover debt when handling that guarantee, but not exceeding the minimum deductible rate. The state Bank's regulatory assets of asset classification include, citing, the risk of defense of the risk, and the use of continguses to handle risk in the operation of the credit organization, the foreign bank branch.
4. Rules of regulation at paragraph 1, paragraph 2 This applies to both credit organization, foreign bank branches only investing in corporate bonds and the bonds of the relevant people of that business.
5. The case of a customer ' s capital needs, a customer and the relevant person beyond the prescribed credit limit at paragraph 1, paragraph 2 This is the credit organization, the foreign bank branch that is granted credit under the regulation of the Bank. The State.
6. In the special case, to carry out the economic-social task that the capital capacity of credit organizations, the foreign bank branch that has not met a client ' s capital loan request, the Prime Minister decides to level a minimum credit level. The limit is beyond the limits of regulation at paragraph 1, paragraph 2 This is for each specific case.
7. Total of the credit grants of a credit organization, the foreign bank branch stipulated at paragraph 6 This does not exceed four times the inherent capital of the credit organization, the foreign bank branch.
8. Based on the results of monitoring, inspection, inspector of the State Bank for credit organization, foreign bank branch:
a) The case found at risk due to a credit focus, the State Bank considers, requiring a credit organization, the foreign bank branch that applies prudent principles in the application of a credit or processing of issued credit grants to secure a credit card. safety in operation;
b) The case of the organization sees the organization, the non-person-related individual stipulated in paragraph 15 Article 3 This April but has the benefits associated with the borrower or the risk underlying for the credit organization, the foreign bank branch, the State Bank. Consider, ask for a credit organization, foreign bank branch that considers these organizations, this individual as relevant to the customer and applies prudent principles when considering a credit or processing of issued credit grants to protect them. It ' s safe to be safe in every single case.
What? 14. Conditions, limits of credit to investment, stock business
1. Commercial banks, foreign bank branches only granted credit in the form of loans, discount paper discounts on customers for investment, stock business when responding to the following conditions:
a) The granting of the credit must ensure the limits and other safety assurance rates specified in this Information;
b) There is a bad debt ratio of less than 3%;
c) Full compliance with the provisions of risk management and extracts the amount of risk of risk in accordance with the rule of law;
d) Client is not the relevant person of the specified objects at Article 126 Laws of credit organizations;
The customer and the relevant customer are not subject to the provisions of this Article 12.
2. Commercial banks, foreign bank branches are not granted credit to customers for investment, stock business on a guarantee basis under any form of credit organization, other foreign bank branch or on a guaranteed basis for the investment of the bank, the bank said. by the stock of another credit organization; not granted a limited, long-term credit for the customer to invest, the stock business.
3. Gross bank of commercial bank credit debt, foreign bank branch to all customers for investment, stock business is not exceeding 5% of the charter capital, which is issued by the commercial bank, the foreign bank branch.
4. The commercial bank is not granted credit, fidget to the subsidiary, the company 's affiliate company credit for its subsidiary, the commercial bank' s affiliate company:
a) Investment, stock business;
b) Give loan to investment, stock business.
5. The commercial bank's credit card, the foreign bank branch to the customer to invest, the stock business is not guaranteed by that stock itself.
6. Commercial banks are not granted credit to customers for investment, the stock business of the commercial bank, minus the case of lending to the workers of the state trade bank to buy the share of the first release when transferring the bank to the bank. It ' s a commercial bank that ' s a commercial bank.
Section 4
EXPENSE RATIO
1. Every day, the credit organization, the foreign bank branch outside the base of regulations at the Annex 3 This is set up the cash flow, the cash flow at the end of the day working to track, manage the rate of the ability to pay regulation at paragraph 2 and the sum. Three of these.
2. liquidity reserve ratio:
a) The credit organization, the foreign bank branch, must hold highly liquidity assets for the reserve to meet the expected needs and the expected external development.
b) The liquidity reserve ratio is determined by the following formula:
| Liquidity Reserve Rate = |
High liquidity property |
x 100% |
| Total Debt Payable |
In it:
(i) The highly liquidity property is regulated at the Annex 3 This Information;
(ii) The total debt must be paid as the General Debt must be paid on the balance sheet.
c) High liquidity assets and total debt payable at this b point are calculated according to the Vietnamese copper, which includes the Vietnamese copper and other free-conversion types of foreign currency conversion to the Vietnamese (according to the bank per bank per bank). State goods announced daily or in proportion to the credit organization, the foreign bank branch of the foreign bank, if there was no exchange rate at the Bank of the State announced by the State Bank.
d) The credit organization, the foreign bank branch must maintain the liquidity reserve rate as follows:
(i) Commercial Banking: 10%;
(ii) Foreign bank branch: 10%;
(ii) Non-bank credit organization: 1%;
(iv) The cooperative bank: 10%.
3. Rate the ability to spend in 30 days:
a) The credit organization, the foreign bank branch must calculate and maintain the rate of the ability to pay for:
(i) South Vietnamese;
(ii) The foreign currency (including the U.S. dollar and other foreign currencies are regulated to the U.S. dollar at a rate of federal bank equality issued by the State Bank daily or at a rate of credit by the credit organization, foreign bank branch out of accounting if no billion dollars). Bank of the Bank of the Bank announced by the State Bank.
b) The ability to pay for 30 days is determined by the following formula:
| Expense ratio for 30 days (%) = |
High liquidity property |
x 100% |
| Net cash flow for the next 30 days |
In it:
(i) The highly liquidity property is regulated at the Annex 3 This Information;
(ii) The net cash flow for the next 30 days is the positive difference between 30 consecutive days ' cash flow from the following day and the cash flow of 30 consecutive days from the following day specified at the Annex 3.
c) The credit organization must maintain the ability to pay for 30 days specified at this point b for the Vietnamese as follows:
(i) Commercial Banking: 50%;
(ii) Foreign bank branch: 50%;
(iii) non-bank credit organization: 20%;
(iv) The cooperative bank: 50%.
d) The credit organization must maintain the ability to pay for 30 days of regulation at this b point on the foreign currency as follows:
(i) Commercial Banking: 10%;
(ii) Foreign bank branch: 5%;
(iii) non-bank credit organization: 5%;
(iv) The cooperative bank: 5%.
What? 16. Manage, handling the inability to ensure the ability to pay.
1. The credit organization, the foreign bank branch must organize the debt asset management division, property Yes (room level or equivalent) at the headquarters to monitor and manage daily payments led by the General Manager (Director General) or Deputy General Manager of the Company. (Deputy Director) is in charge.
2. The case of results calculated rates of the ability to pay in 30 days of the following day does not guarantee the prescribed rate, the credit organization, the foreign bank branch must have a self-handling measure, including: credit organization ' s loan, bank branch, bank branch. Other foreign banks or consigned with credit organizations, other foreign bank branches, other foreign bank branches such that deposit commitments may not be unabated, unabated loan commitments, and other ununabated measures to ensure the rate of the ability to pay in return. regulation.
3. Credit Organization, the daily foreign bank branch must report the State Bank rates the ability to pay in accordance with the regulatory report applicable to the credit organization, the foreign bank branch. Before 10am the next day, the credit organization, the foreign bank branch, must report the State Bank (Agency for Ombudgery, banking oversight) that rates the ability to pay a temporary deficiency (if any) and measures taken to offset the shortage.
4. The credit organization, the foreign bank branch, is only given loans, signing deposit commitments that are unabated, the loan pledge cannot be unabated with the credit organization, the other foreign bank branch to offset the shortage of costs. pay if after the implementation of these activities still guarantees the ability to pay for 30 days specified in this Article 15.
5. The State Bank is closely monitored, which has regulatory measures under the rule of law on the case of a credit organization, the foreign bank branch must use regulatory self-handling measures at paragraph 2 at a rate of 20% or more of the property. produce a high liquidity to maintain the ability to spend 30 days.
6. After having used regulatory self-handling measures at paragraph 2 This, if the credit organization, the foreign bank branch continues to be struggling with the ability to pay it must report immediately to the Bank of State (the Ombudgeting Agency, the bank oversight and). The State Bank branch of the province, the Central City of the Central Committee, is located. In case of a risk of loss, the credit organization must promptly report the State Bank by regulation at Article 145 of the credit organizations.
Section 5
THE MAXIMUM RATE OF SHORT-TERM FUNDING IS USED.
FOR MEDIUM AND LONG-TERM LENDING
What? 17. The maximum rate of short-term capital funding is used to lend long and long term loans.
1. The credit organization, the foreign bank branch that uses short-term capital sources to lend on average, is long-term in accordance with the Vietnamese, including the Vietnamese and the foreign currency traded to the Vietnamese (according to the bank of the bank per bank). State goods announced daily or in proportion to the credit organization, the foreign bank branch of the foreign bank, if there is no proportional exchange rate at the State Bank by the State Bank) in proportion to the following formula:
In it:
- A : is the ratio of short-term capital funding used to lend a long-term, long-term loan.
- B : to a neutral loan balance, the long term stipulated at paragraph 2 minus the total capital, long term capital of Article 3.
- - : as a short-term source of capital regulation at paragraph 4.
2. Total long term loan debt, including:
a) The following has the remaining deadline from 12 months or more:
(i) Loan loans, financial leasing (including loan, financial leasing to credit organization, other foreign bank branches in Vietnam), excluding loan debt, for financial leasing by government, private and organizational resources. Another (including: credit organization, other foreign bank branch in Vietnam; the parent bank, foreign branch of the parent bank) that the risks associated with the loan, this fiscal lease are due to the Government, the individual and the organization;
(ii) Trust funds for credit organization, other foreign bank branches to loans, financial leasing that credit organizations, offshore banking branches taking risks;
(iii) The acquisitions, investments in valuable paper, minus the price paper that is used in the transactions of the State Bank;
b) the loan debt, the financial lease debt, the balance of purchase, the price of paper priced with a limited and long term is overdue;
c) Amateur loan debt, balance of purchase, paper investment has a deadline to be overdue, but the loan deadline, the deadline to invest in paper priced plus the overdue period from 12 months or more.
3. High-term, long-term capital that includes the following in terms of the remaining 12 months of return:
a) The organization ' s deposits (excluding the deposits of the credit organization, other foreign bank branches in Vietnam and the deposits of the State Treasury, if any), individuals;
b) The deposit, the money that organizes the mother ' s credit abroad, the overseas branch of the parent credit organization abroad;
c) The money mobiles from the issue of the vote, the vote, the deposit certificate, the bonds;
d) The loan of financial institutions in the country (excluding the loan of credit organization, other foreign bank branches in Vietnam) and the loan of financial institutions abroad, excepts the loan loans at this b point;
The charter capital, which is granted and the remaining reserve funds after the exception of the purchase, investment of fixed assets, capital gains, purchase of shares in accordance with the rule of law;
e) equity balance, undivided profits after purchasing fund shares.
4. Short-term capital that includes the following: The following deadline is less than 12 months:
a) The organization ' s deposits (excluding non-term deposits, a term of credit organization, other foreign bank branches in Vietnam and the deposits of the State Treasury, if any), individual;
b) The deposit, the money of the parent credit organization abroad, the overseas branch of the parent credit organization abroad;
c) The money mobiles from the issue of the vote, the vote, the deposit certificate, the bonds;
d) The loan of financial institutions in the country (excluding credit organization loans, foreign bank branches in Vietnam) and the loan of financial institutions abroad, excepts the loan loans at this b point.
5. The credit organization, the foreign bank branch that is used as a short-term source of capital to lend a neutral and long term by the maximum rate as follows:
a) Bank of Commerce: 60%;
b) Foreign bank branch: 60%;
c) Non-bank credit organization: 200%;
d) The cooperative bank: 60%.
6. The credit organization, the foreign bank branch bought, invested in Government bonds (including trusts for other organizations buying, investing in Government bonds but does not include the purchase, Government bond investment by proxy source), the bank of the government said. falls from another organization) in a maximum ratio compared to the short-term capital source as follows:
a) State Commercial Bank: 15%;
b) The equity trade bank, the joint venture bank, banks 100% foreign capital: 35%;
c) Foreign bank branch: 15%;
d) Non-bank credit: 5%;
The bank cooperated: 40%.
Section 6
CAPITAL LIMIT, SHARE PURCHASE
What? 18. Capital limits, purchase of shares of commercial banks, financial firm and financial services
1. Capital contributions, purchase of shares of a commercial bank and subsidiary companies, the affiliate company of that commercial bank (except in the case of a subsidiary, the affiliated company is the capital fund management company, which buys shares from the capital of funds led by the company). to a business that operates on a given field of 4 Article 103 Rules of credit organizations that do not exceed 11% of the business's charter capital gains.
2. The total capital donation, which buys shares of a commercial bank into businesses, including the level of capital, which contributes to subsidiaries, the affiliate company of that commercial bank is not in excess of 40% of the cost capital and the reserve fund of the merchant bank. I'm
3. Capital funding, purchasing shares of a financial firm and subsidiaries, the company's affiliate company in a business cannot exceed 11% of the business's charter capital.
4. Total equity, purchasing shares of a financial firm into businesses, including the level of capital, which contributes to subsidiaries, the company's affiliate company, which is not exceeding 60% of the financial capital's capital and reserve funds.
5. Commercial banks, financial companies that do not receive capital, buy shares of businesses, other credit organizations are shareholders, members of the commercial bank ' s own capital, that financial company; do not get a capital, buy shares of businesses. The other credit organization is the relevant person of the large shareholder, the manager of the commercial bank, the financial firm.
What? 19. Capital, purchasing shares between the subsidiaries, the affiliate company, the controlling company of the commercial bank, the financial firm and the company.
1. The subsidiary, the affiliate company of the same commercial bank, of the same financial company that is not contributing, buying shares of each other. The commercial bank is not funded, purchasing the shares of the subsidiary, the company's affiliate company. The financial company is not funded, purchasing the shares of the subsidiary, the company's affiliate company that controls the financial company.
2. The subsidiary, the affiliate company of the same commercial bank, of the same financial company that does not contribute capital, buy shares of the commercial bank itself, that financial firm.
3. Commercial banks, financial companies are subsidiaries, corporate affiliated companies that do not get a capital, buy shares of that control company.
What? 20. Commercial Bank buys, holds the stock of another credit organization.
1. Commercial banks buy, hold stocks (including trusts for the organization, other individuals, and shareholders of the commercial bank buying, holding the stock) of another credit organization must ensure compliance with regulatory conditions at paragraph 2 and the world ' s share of the stock market. I mean, there's a limit on three of these.
2. Commercial Bank buys, holding the stock of another credit organization that must fully meet the following conditions at the time of purchase, holding stock of the stock:
a) The actual value of the charter capital is not less than the registered capital;
b) Make sure that the limits and the safety rates specified in this Information;
c) There is a bad debt ratio of less than 3%;
d) There is a regulatory, appraisal, risk assessment for the purchase, holding the stock of another credit organization;
Each purchase, holding the stock of another credit organization must be approved by the Board of Directors, the Council of the Council.
e) Not subject to administrative violation in bank activity during the one-year period before the date of purchase, holding the stock;
g) President and other member of the Board, President and other member of the Board of Member, General Manager (Director), Head of the Board and other member of the Control Board, major shareholder of the commercial bank, the subsidiary of the merchant bank. And the relevant people of these people don ' t buy, holding equity, the voting rights of that credit organization;
h) President and other member of the Board, President and other member of the Board of Member, General Manager (Director), Head of the Board and other member of the Control Board, major shareholder of the commercial bank, the subsidiary of the merchant bank. And the relevant people of these people don ' t trust the other organization, holding equity in the voting rights of that credit organization.
3. Limit:
a) The commercial bank is only bought, holding a maximum share of no more than two (02) other credit organizations, except for the case of another credit organization being the subsidiary of that commercial bank;
b) The commercial bank is only bought, holding the stock of another credit organization less than 5% of the equity holding voting rights of that other credit organization;
c) The commercial bank is not sent to join the board of directors at the credit organization that the commercial bank has purchased, holds the stock, except for the case that the credit organization is the subsidiary of the commercial bank or the commercial bank to participate. restructuring, handling the weak credit organization under the designation of the State Bank;
d) The purchase, holding the stock of another credit organization beyond the specified limit at point a, point b this or the commercial bank does not fully meet the regulatory conditions at paragraph 2 This is done in the following circumstances:
(i) The purchase, holding of stock to restructure, financial support for the credit organization with financial difficulties, is at risk of losing the ability to pay, affecting the safety of the credit organization system and approved by the State Bank;
(ii) The State Bank is designated by the rule of law.
Section 7
LOAN BALANCE MARGIN COMPARED TO TOTAL DEPOSITS
What? 21. Rate of loan balance compared to total deposits
1. Commercial banks, cooperative banks, foreign bank branches that implement a maximum rate of lending of loans compared to the sum of money sent by the Vietnamese, including the Vietnamese and the foreign currency traded to the Vietnamese (according to the per capita rate). The bank of the State Bank, which is published daily or by a rate of credit by the credit organization, the foreign bank branch of the foreign bank, if there is no equal exchange rate at the Bank of the State, is determined by the following formula:
In it:
- LDR: is the loan balance for the loan compared to the total deposit.
- L This is a total loan of the specified loan at paragraph 2 and paragraph 3 This.
- D This is the sum of the sum.
2. Total loan debt includes:
a) Loan debt to individuals, organizations (not including credit for credit organization lending, other foreign bank branches in Vietnam);
b) The trustees for the credit organization, the other foreign bank branch to the loan.
3. Total loan debt is subtracted:
a) Amateur loan debt by government, personal and organizational resources (including credit organization, other foreign bank branches in Vietnam; parent bank, foreign branch of the parent bank);
b) The foreign loan source of the credit organization, the foreign bank branch. For foreign bank branches, foreign loans include both the funding of the parent bank and the branches of the foreign parent bank.
4. Total deposit includes:
a) The organization ' s deposits (excluding the deposit of the types of the State Treasury, if any), the deposit of the individual; except for the fund deposit, the customer's specialized capital deposits;
b) The deposit of the parent bank abroad, the foreign branch of the parent bank;
c) The money mobiles from the release of the vote, the vote, the deposit certificate, the bonds.
5. The credit organization, the foreign bank branch (excluding the financial firm and the financial leasing company) must maintain a loan balance of loans compared to the total deposits as follows:
a) State Commercial Bank: 90%;
b) The bank cooperated: 80%;
c) The equity trade bank, the joint venture bank, banks 100% foreign capital: 80%;
d) Foreign bank branch: 90%;
For the credit organization, the newly formed foreign bank branch in the first three (three) years, the Governor of the Bank of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the United States
6. Commercial banks, cooperative banks, foreign bank branches do not have to implement a loan balance of loans compared to the total deposit stipulated at paragraph 5 This Article if the charter capital, which is granted remaining after investment, fixed property purchases and contributes to the bank. capital, buying shares is greater than the loan balance.
TRANSITION RULES
1. Except the specified case at paragraph 2 This, for the contracts signed before this date of the Fourth of the Day, is effective and consistent with the rule of law at the time of the signing, credit organization, foreign bank branch, and client. continue to follow the agreements signed until the end of the contract. The amendment, addition, extension of the said contract is made only if the content of the amendment, addition, extension is consistent with the provisions of this Information and the provisions of the relevant law.
2. The transition to the credit organization, the foreign bank branch in violation of the credit-level regulation, which contributes to the provisions of the provisions in accordance with Article 25 and Article 26 of this.
What? 23. The responsibility of the credit organization, the foreign bank branch
1. At the time of this Smart Enforced Effect, the credit organization, the foreign bank branch that has not yet guaranteed compliance with the limits, the regulatory rate at this Smart, must build the processing and proactive methods that implement immediately. It's the right to obey the rules.
2. In the maximum period of 30 days from the date of this Private Day of Effectiveness, credit organization, foreign bank branch must submit directly or by the prescribed disposal method of processing at Article 24, Article 25, and Article 26 of this Information. State Bank (Inspector).
The State Bank case requires the amendment, addition, adjustment of handling measures, implementation progress, implementation deadline, credit organization, foreign bank branch that is responsible for organizing implementation at the request of the State Bank of the State Bank. Water.
3. The credit organization, the foreign bank branch responsible for the addition of the processing measures at paragraph 1, paragraph 2 This and progress made into the content of organizational restructuring of the organization and operation of the credit organization, the state bank branch. besides to deploy synchrony at the request of the State Bank.
What? 24. The transition rule for minimum capital safety rates, the maximum rate of short-term capital funds used to lend a long-term and long-term loan, the loan balance ratio compared to the total deposits.
1. At the time of this Smart effect of enforcement, credit organization, foreign bank branch has a minimum capital safety rate and a loan balance of loans compared to the total deposit not guaranteed regulation at Article 9 and Article 21 This Information, which must build on its own. the processing method, in which the minimum has the following content:
a) The specific ratio does not guarantee by regulation;
b) The measure and plan of processing to ensure after a maximum of six months from this date is valid for compliance.
2. At the time of this Smart effect of enforcement, credit organization, foreign bank branch has a maximum rate of short-term capital that is used to lend long-term and long-term loans and the Government bond investment rate compared to the short term capital. make sure regulation at paragraph 5 and paragraph 6 Article 17 This information is processed as follows:
a) The credit organization, the foreign bank branch, is not granted any of the limited and long-term credits until it meets the regulation rate at paragraph 5 Article 17;
b) The credit organization, the foreign bank branch, is not bought, invested in government bonds until the regulation rate at 6 Article 17 of this.
c) The credit organization, the foreign bank branch must build a processing method, of which the minimum has the following content:
(i) The specific percentage is not guaranteed by regulation;
(ii) Measures and disposal plans to ensure after a maximum period of 1 year from the date of this date valid for compliance with the correct compliance.
What? 25. The transition to the credit level
1. At the time of this Smart Enforced Effect, Commercial Bank, foreign bank branch which has credit grants to customers for investment, stock business does not fully meet the regulatory conditions at 1 Article 14 This Smart. to be processed as follows:
a) The commercial bank, the foreign bank branch, is not granted any credit to the investment, the stock business until full provision of regulatory conditions at 1 Article 14 of this.
b) The commercial bank, the foreign bank branch must build a processing method, of which the minimum has the following content:
(i) Customer list and credit grants for each customer to invest, stock business;
(ii) Measure and plan to fully meet the regulatory conditions at 1 Article 14 of this, the measures to recover the credits granted to the investment business investment.
2. At this time the Investment is in effect, the commercial bank, the foreign bank branch that has credit grants to the customer to invest, the stock business exceeds the regulation rate at 3 Article 14 This Information is processed as follows:
a) Bank of commerce, foreign bank branch is not signed any credit contract to invest the stock business until it is guaranteed to comply with the regulation rate at paragraph 3 Article 14 of this article;
b) The commercial bank, the foreign bank branch must build a processing method, of which the minimum has the following content:
(i) Customer list and credit balance issued to each customer to invest, stock business; total credit-level debt on all customers to invest, stock business; the charter capital level of the commercial bank, which is allocated to the expense of the stock market. the foreign bank branch; the level of credit to all customers for investment, business of stock compared to the charter capital, which is granted by the commercial bank, the foreign bank branch;
(ii) Measure and disposal plans, including the recovery of debt, increased regulatory capital, which is granted.
What? 26. The transition rule for capital gains, purchase of shares
At the time of the Enforced Effect, the credit organization has capital gains, purchasing an unsecured share of regulations at Article 103, Article 110, Article 115, Article 129 and Article 135 of the Rules of Credit and Article 18, Article 19 and Article 20 This Information. processing as follows:
1. The Commercial Bank is directly implementing regulatory activities at a 2 Article 103 of the credit organizations, the commercial bank must build a processing method, of which the minimum has the following content:
a) The business practices that the commercial bank are directly implementing; the number of contracts and the total value of contracts for each business operation;
b) Measuring and remediation plan to secure for a maximum of 12 months from this date is effective in compliance with the correct compliance.
2. The financial company is making capital gains, buying shares in other credit organizations that must build a processing method, of which the minimum has the following content:
a) A list of credit organizations that the financial firm has contributed to, purchasing shares (name, address, tax code, number of business registers); capital gains, purchasing shares of the financial firm at each credit organization compared to the charter capital of the credit organization which received contributions;
b) The measure and plan of divendation to ensure that for a maximum of 12 months from this date is valid for compliance with the correct compliance.
3. The financial firm has a subsidiary, the company that operates out of insurance, securities, asset management under the regulation at 3 Article 110 Law organizations that must build a processing method, in which the minimum has internal and financial institutions. After:
a) List of subsidiaries, affiliated companies operating outside the insurance, securities, asset management management (name, address, tax code, business registration number, business profession); the charter capital level of each of the subsidiaries, the affiliated company; capital of capital, purchasing the shares of the financial firm at each of its subsidiaries, the affiliated company (the amount that has contributed, purchased shares, and capital contributions, purchased shares compared to the charter capital of the subsidiary, the affiliated company);
b) The measure and plan of divendation to ensure that for a maximum of 12 months from this date is valid for compliance with the correct compliance.
4. The financial leasing company has established its subsidiary, affiliate company, or has capital gains, purchasing the share of the business that must build a processing method, of which the minimum has the following content:
a) A list of businesses that the financial leasing company has contributed to, purchasing shares (name, address, tax code, business registration number, business profession); capital gains, purchasing shares of the financial leasing company at every organization, business compared to the company. the charter capital of the business, the organization received;
b) List of subsidiaries, companies affiliated to the established financial leasing company (name, address, tax code, business registration number, business profession); the charter capital level of the subsidiary, affiliate company, and capital gains, purchase of shares of the company. for the financial lease compared to the charter capital of the subsidiary, the affiliated company;
c) The measure, the capital degenerate plan to ensure for a maximum of 12 months from the date of this date is valid for compliance with the correct compliance.
5. Commercial banks, financial firms with capital gains, purchasing shares exceeding the regulatory limits at Article 129 The Law of Credit organizations and paragraph 5 Article 18 This Information:
a) Not to make any additional capital gains, buy any shares until guarantees compliance with regulations at Article 129 Law organizations and paragraph 5 Articles 18 of this;
b) The commercial bank, the financial firm must build a processing method, of which the minimum has the following content:
(i) The specific list of businesses, other credit organizations that the business, this credit organization is the shareholder, the capital of the commercial bank itself, the financial firm, the relevant shareholder, of the bank ' s manager, the bank of the bank. trade, that financial company (name, address, tax code, business registration number, business profession; corporate charter, equity) and capital gains, buy shares for each of these objects, the total amount that contributed, the share purchase, the share of the share. Capital, which buys shares compared to the corporate charter, the organization that contributes;
(ii) The list of businesses, other credit organizations is shareholders, a contributing member, the relevant person of the large shareholder, of the manager of the commercial bank, the financial firm that the commercial bank, the financial firm that has contributed, bought shares of the shares. (name, address, tax code, business registration number, business profession; corporate charter capital, equity credit organization), the total amount of money that has contributed to, the share of equity, share of capital, equity, purchasing equity compared to corporate charter capital, credit organization to receive contributions;
(iii) The measure and plan of divendation to ensure for a maximum of 12 months from this date is valid for compliance with the correct compliance.
6. Commercial banks have purchases, holding the stock of another credit organization exceeding the regulatory limit at the point a, point b paragraph 3 Article 20 This message:
a) The commercial bank is not purchased, holding the stock of the other credit organization until compliance with regulation at point a, point b 3 Article 20 This April, minus the case of an immediate return by the stock of that other credit organization;
b) The representative of the commercial bank's portion of the business is a member of the Board of Directors of credit, which has to be applied as a member of the Board of Directors of the credit card organization to the General Assembly. charge, the slowest duty to the nearest shareholder General Assembly meeting from this date is effective;
c) The commercial bank must build a processing method, in which the minimum has the following content:
(i) The specific list of every credit organization that the commercial bank is holding shares and the purchase, holding stock at every credit organization, share ownership rate at every credit organization, stock holding level;
(ii) Measures and divinial plan to ensure that for a maximum of 12 months from this date the effective date is valid for compliance.
7. The subsidiary, the affiliate company of the same commercial bank, a financial firm that has contributed capital, buying shares of each other, the commercial bank, the financial firm must build the processing method, of which the minimum has the following content:
a) A specific list of subsidiaries, affiliated companies (name, address, tax code, business registration numbers, business professions) that have contributed, purchased shares of each other; capital gains, purchase of shares of subsidiaries, companies associated with one another;
b) The measure and disposal plan to pass shareholder rights, its capital membership at its subsidiary, the affiliated company that ensures subsidiaries, the associated company does not implement any additional capital gains, purchase of each other ' s share and guarantee in the next year. The maximum duration of 12 months from this date is valid for compliance.
8. Commercial banks, financial firms that have contributed to, purchasing the shares of the subsidiary, the company ' s affiliate company that controls commercial banking, the company that controls the financial company:
a) The Commercial Bank, the financial firm that does not make any additional capital gains, buy out the shares of the subsidiary, the company ' s affiliate company that controls commercial banking, the company that controls the financial company;
b) The commercial bank, the financial firm must build a processing method, of which the minimum has the following content:
(i) The specific list of each subsidiary, the company's affiliate company in control of commercial banking, the company that controls the financial company that the commercial bank, the financial firm that took part in the capital, bought shares (name, address, tax code, business registration number, etc.) Business, business capital, purchasing equity, financial firm at every parent company, corporate banking firm, corporate control company, financial firm, compared to the charter capital of the subsidiary, The company is affiliated with the company.
(ii) Measures and divinial plan of the subsidiary, the company aligned to ensure that for a maximum of 12 months from the date of this date is valid for compliance with the correct compliance.
9. The subsidiary, the affiliate company of the same commercial bank, a financial firm that has been contributing, buying shares of the commercial bank itself, that financial firm:
a) The commercial bank, the financial firm not to receive any additional capital gains, buy out which part of the subsidiary, the affiliated company; the subsidiary, the affiliated company that does not contribute capital, buy the additional shares of the commercial bank, the financial firm;
b) The commercial bank, the financial firm must build a processing method, of which the minimum has the following content:
(i) The specific list of each subsidiary, the affiliate company that has contributed to, purchasing shares of commercial banks, financial firms (name, address, tax code, business registration number, business profession); capital gains, purchasing shares of each subsidiary, the company. link at the commercial bank, the financial firm compared to the charter capital of the commercial bank, the financial firm;
(ii) Measures and disposal plans to ensure for a maximum of 12 months from the date of this date valid compliance compliance.
10. Commercial banks, financial firms are subsidiaries, the company ' s affiliate company that contributed capital, buying shares of that control company:
a) The commercial bank, the financial firm that was not made any additional capital gains, purchased the holdings in the control company; the control company was not made any additional capital gains, purchasing shares of the commercial bank, the financial firm;
b) The commercial bank, the financial firm must build a processing method, of which the minimum has the following content:
(i) The specific list of corporate controls that the commercial bank, the financial firm that has contributed to, buy shares (name, address, tax code, business registration number, business profession); capital gains, purchase of shares of commercial banks, financial firms compared to with the company ' s charter capital;
(ii) Measures and disposal plans to ensure for a maximum of 12 months from the date of this date valid compliance compliance.
What? 27. Procsent after transition
After the maximum transition period in the regulatory method at Article 23, Article 24, Article 25, and Article 26 of this Notice or after the maximum deadline required by the State Bank, the credit organization, the foreign bank branch does not rectify the breach. Depending on the degree, risk of risk, the State Bank applies the necessary handling measures including the statutory restructuring of the law, revoking the license to the credit organization and the foreign bank branch.
What? 28. State Bank Accountability
The State Bank considers the processing method, which requires credit organization, additional foreign bank branch, amendment of the processing method, including the implementation deadline (if the response is not required or not yet warrantifully secured), the implementation of the feasibility measures. The law in the method of handling in accordance with time; inspection, inspection, supervision of a credit organization, foreign bank branch implementing a regulatory disposal method at Article 24, Article 25, and Article 26 of this.
CREDIT ORGANIZATION.
FOREIGN BANK BRANCH AND FOREIGN BANK
UNIT OF STATE BANK
What? 29. The responsibility of the units of the State Bank
1. The Inspector Agency, overseeing the bank with responsibility:
a) Host, in coordination with the Cases, the State Bank Board of Governors review of the State Bank 's handling of the treatment, the additional requirement, the revision of the credit organization' s handling of the credit organization, the foreign bank branch (if the unmet treatment is required). or has not secured the feasibility of the feasibility of Article 7, Article 24, Article 25, and Article 26 of this Information;
b) presided over, in coordination with the Cases, the Federal Bureau of Governors of the State Bank considers specifically the limits, the prescribed rate at paragraph 2, paragraph 3 Article 1, the regulatory requirements at paragraph 8 This Article 13;
c) Monitoring, inspection, inspection of credit organization, foreign bank branch in the acceptance of regulation at this Smart;
d) Coordinated with the Monetary Policy Affair, the Public Service Credit, the Forecast, the Statistical, and the Financial Cases-Accounting in the implementation of the provisions at paragraph 2, paragraph 3, and paragraph 4 This.
2. The Monetary Policy and Credit Cases of the Economic Industry are responsible in coordination with the Ombudgetary Authority, which oversees the bank in handling rates on the ability to pay the credit organization, the foreign bank branch stipulated at Article 15, Article 16. This is private.
3. The Forecast, Statistical Base statistics at this Smart Building Building the State Bank Board of the State Bank issued regulations on statistical reporting on credit organization, foreign bank branch in the implementation of the limits, the safety guarantee rate of security. This is the law.
4. The Financial Case-Coordination Accounting with the Ombudgeting Agency, which oversees the bank in the guidance of the credit organization, the foreign bank branch that imples the accounting regime under the rule of law in relation to the limits, the regulation rate. at this point.
5. The State Bank branch of the provincial branch, the central city of the Central Committee where there is no Bureau of Inspects, oversees the bank carrying out inspections, inspectors, oversight for credit organizations, foreign bank branches on the site in its acceptance. This is the law.
What? 30. The responsibility of the credit organizations, the foreign bank branch.
1. Regular, constantly maintaining the limits, the safety guarantee rate in the banking activity according to the regulation at this level.
2. The case of a credit organization, the foreign bank branch that does not guarantee or is at risk of not reaching a limit, the safety guarantee rate in the regulatory banking activity at this Smart, the credit organization, the foreign bank branch must report. The state bank plans to rectify the fulfills to the fulfills of the full limits, the safe guarantee rate in the banking operation stipulated in this Information.
3. Take serious, full, timely, timely processing of the State Bank requirements in the event of a credit organization, the foreign bank branch is not guaranteed to be limited, the safety guarantee rate in banking operations.
4. Full report, in time, precisely the limits, the safety guarantee rate in banking activities according to the regulation of the State Bank and the requirements of the Ombudman, which oversees the banking sector.
EXECUTION CLAUSE
1. This message has been in effect since 1 February 2015.
2. The following documents, the following rules expire:
-Decision number. 03 /2008/QD-NHNN 01/02/2008 of Governor of the State Bank of the State for Loan, discounted paper discounts for investment and business securities;
-Private. 15 /2009/TT-NHNN August 10, 2009 by Governor of the State Bank of the State of the State of the State Board of the Regulation of the maximum ratio of short-term capital is used to lend long-term and long-term loans;
-Private. 13 /2010/TT-NHNN 20 May 2010 by Governor of the State Bank of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the
-Private. 19 /2010/TT-NHNN September 27, 2010 by Governor of the Bank of the State of the State amended, adding some provisions of the Digital Information 13 /2010/TT-NHNN 20 May 2010 by Governor of the State Bank of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the
-Private. 22 /2011/TT-NHNN August 30, 2011 by Governor of the Bank of the State amended, adding some of the provisions of the Digital Information 13 /2010/TT-NHNN 20 May 2010 by Governor of the State Bank of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the
-What is it? 33 /2011/TT-NHNN 08/10/2011 by Governor of the State Bank amended, adding some of the provisions of the Digital Information 13 /2010/TT-NHNN On May 20, 2010, Governor of the State Bank of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the United States 1627 /2001/QĐNNN December 31, 2001, Governor of the State Bank;
-paragraph 2 Article 6 28 /2012/TT-NHNN October 3, 2012, Governor of the Bank of the State of the State of the State of the State of the State of the State
Chief of Staff, Chief Inspector, bank supervisor, Head of State Bank units, Director of the Bank of the State Branch of the Province, Central City, Chairman of the Board, Chairman of the Board, and Chairman of the Board of Directors. (Director) credit organization, the foreign bank branch is responsible for the organization's implementation.
KT. GOVERNOR. |
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(signed) |
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Thank you. |
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