Circular 39/2013/tt-Nhnn: Provisions On Identification, Establishment, Management And Use Of Reserves For Risks Of The State Bank Of Vietnam

Original Language Title: Thông tư 39/2013/TT-NHNN: Quy định về xác định, trích lập, quản lý và sử dụng khoản dự phòng rủi ro của Ngân hàng Nhà nước Việt Nam

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THE STATE BANK OF VIETNAM
Number: 39 /2013/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 31, 2013

IT ' S SMART

Regulation of identification, extracts, management and use of a risk reserve.

of the State Bank of Vietnam

________________

Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

Base of Protocol 156 /2013/NĐ-CP 01/11/2013 The government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

Base Decision Base 07 /2013/QĐ-TTg 24 January 2013 by Prime Minister of the Government of the Bank of Vietnam;

On the recommendation of the Chief Financial Officer-Accounting;

The Governor of the State Bank of Vietnam issued a regulatory, citation, management and use of a risk reserve of the State Bank of Vietnam (later known as the State Bank), and the Bank of Vietnam.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information provides regulatory, regulatory, management, and use of a risk reserve of the State Bank of Vietnam to handle losses or as losses (later known as losses) in the functioning of the State Bank.

2. The losses that arise in the activities of the State Bank include:

a) The losses arise from the risk-risk assets of the State Bank:

-Money, gold deposits at the foreign bank, loan and payment with foreign banks;

-Securities investing in the international financial market;

-Reinvestment.

-Payment with the State and State Budget;

-Other accounts receivable;

b) Other losses.

3. This information applies to the Department of Exchange, Financial Affairs-Accounting, Bureau of News Technology, Department of Administration and Treasurer, Department of Administration, Ombudgeting, bank oversight, Office of Representative in Ho Chi Minh City, State Bank of the Provincial State, The central city of the Central Bank and the business units of the State Bank have not implemented self-government, self-responsibility (later known as the State Bank unit).

4. The public career units have implemented self-government, self-responsibility and independent economic accounting enterprises directly under the State Bank are not under the regulation of this Smart.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. Risk in State Bank activity is the likely loss in the operation of the State Bank, which includes:

a) The likelihood of losses on assets at risk of the State Bank by the customer, the partner does not implement or is unable to perform a partial or full portion of its obligations under the commitment;

b) The likelihood of losses caused by the price reduction of currency items with foreign, gold and securities investments has invested;

c) The possibility of loss caused by other unimpediable causes.

2. Risk contingus. is the total amount of the risk reserve that has been extracted, the accounting at the cost over the years to offset losses in the functioning of the State Bank.

3. The number of risk reserves needs to extract is the amount determined to spare for the possible losses in the activities of the State Bank and are calculated as specified in this Article 7. The number of risk contingers needs to be extracted including the specific backup and the general room.

4. Specific backup is the amount of money determined to spare the possible losses to each property with a specific risk.

5. General backup is the amount determined to spare the room for the possible losses that may occur but have not yet determined when to extract the specific backup.

6. Risk backup balance ahead of the time of citation is a risk reserve that has been extracted but not yet used before the time of the risk of the project.

7. Risk reserve balance after the time of citation is the risk reserve that has been extracted but not yet used after the time of the risk-to-risk extraction.

8. The number of risk contingers needs to extract additional is the positive difference between the number of risk contingers that need to be extracted and the number of risk redundages ahead of the time of the extraction.

9. The number of risk contingers needs to be completed is the negative difference between the number of risk contingers that need to be extracted and the number of risk redundages ahead of the time of the extraction.

10. The number of risk reserves is extracted in the fiscal year is the number of risk reserves extracted and the accounting at the expense in the fiscal year. The identification of the number of risk reserves is extracted in the fiscal year stipulated in paragraph 2 of this Article 8.

What? 3. The principle of extracts, accounting and use of a risk reserve

1. Every year, the State Bank extracts the risk and accounting department at a cost of 10% of the income inequality, which has not included a risk-room spending. The risk reserve balance after the time of the extraction does not exceed the number of risk contingus needs to be extracted.

2. The extraction and accounting of the risk reserve number is extracted in the fiscal year of the State Bank which is made concentrated in the State Bank (Financial Case-Accounting).

3. The risk reserve is used in general to offset the losses, property damage occurs during the operation after it has been offset by the compensation of the organizations, the individual causing losses and the insurance organization (if any).

4. The risk of an unusable risk in the year is transferred to the next year.

5. The risk of a risk reserve is not sufficient to offset the losses, the handling of the missing section will be done under the regulation at the State Bank ' s current Financial Mode.

6. The risk of risk reserve needs to extract smaller than the risk-room balance before the time of the merger, the State Bank performs a partial difference in the income of the State Bank.

What? 4. The timing of the identification, the extract and the risk of the risk reserve

The timing of determining, extracts and the risk of the risk contingus is at the end of the annual accounting period (late December 31).

What? 5. The authority to handle the loss by a risk reserve

The Governor of the State Bank decided to handle the losses in the activities of the State Bank on the basis of the proposed Disposal Council.

Chapter II

SPECIFIC REGULATION

Item 1

ASSET CLASSIFICATION HAS RISKS, DETERMINATION METHODS, AND RISK-PREVENTION EXTRACTION RATE.

What? 6. Classification of Risk

1. Money, gold sent at the foreign bank, loan and payment with foreign bank:

a) Group 1: Money, gold deposited at a foreign bank, loan and payment with a standard partner of the investment selection of the Governor 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

b) Group 2: Money, gold sent at a foreign bank, loan and payment with non-standard partner selection of the Governor of the State Bank at the time of determining the risk reserve (except for the specified case at this point c);

c) Group 3: Money, gold deposited at a foreign bank, lending and payment to partner in the country that is happening war, terrorism, bankruptcy, natural disasters and partners are no longer capable of payment.

2. Investment securities on the international financial market:

The State Bank does not implement the investment securities division on the international market for the purpose of extracts the risk reserve. Identification of the specific reserve for this item is only done for the types of securities that are investing in the international financial market being discounted compared to the value of the accounting book.

3. Capital refunds:

a) Group 1: Renewable capital refunds;

b) Group 2: Capital refunds have been overdue for less than one year and the capital refunds are extended to the first time;

c) Group 3: The capital refunds have been overdue from 1 year to less than 2 years and the capital refunds are renewed for the second time;

d) Group 4: Renewable capital refunds from 2 years to less than three years and the repayment of capital refunds for the third time;

Group 5: Renewable capital refunds have been overdue for 3 years or more; those capital refunds do not have a payment deadline; the debt is circled and the capital refunds are extended from the fourth onward.

4. Payment with State and State Budget:

a) Group 1: Articles of payments with the State and State Budget in limitation;

b) Group 2: The payments with the State and the State Budget have been overdue (except for the specified case at this point c);

c) Group 3: The former debt of the State Budget has not been paid to arise before the time of the Vietnam State Bank Law of 1997 taking effect.

5. Other receivable:

a) Group 1: Other receivable receivable and overdue for less than 6 months;

b) Group 2: Other receivables from over 6 months to less than a year;

c) Group 3: The other receivship has been overdue from one year to less than two years;

d) Group 4: The other receivship has been overdue from two years to less than three years;

Group 5: Other receivables have been overdue for 3 years or more, the receivables have no payment deadline and the subject must be unaudable.

What? 7. The method of determining the risk contingus needs to extract

1. The number of risk contingus needs to extract is calculated according to the following formula:

2. The specific backup method of asset-risk entries:

a) Money, gold sent at the foreign bank, loan and payment with foreign bank:

-Subject: money, gold deposits at the foreign bank, loan and payment with foreign banks.

Backup method:

In it:

+ The balance of money, gold deposited at the foreign bank, lending and payment with foreign banks is calculated at the time of determining the risk project;

+ The extraction rate corresponds as follows:

• Group 1: 0%;

• Group 2: 20%;

• Group 3: 100%.

b) Investment securities on the international financial market:

-Subject: The types of securities that are investing in the international financial market are discounted compared to the value written on accounting books.

Backup method:

In it:

+ The number of each stock is discounted at the time of determining the risk project;

+ The value of the stock writing on the accounting book is the logging value of the securities at the time of determining the risk reserve;

+ The market price of the stock is the closing price on the country ' s financial market that releases the currency used as the stock valuation unit at the time of the risk of the risk project.

c)

-Subject: Capital refunds of the State Bank are likely to be compromised.

Backup method:

In it:

+ The amount of the original debt of each renewable capital at the time of determining the risk project;

+ The deduction value of the secured property is defined as follows:

• The case of a secured property is a valuable paper:

(i) The deductible value of the secured property with the Price of the Price (for the unlisted price paper at the Stock Exchange) or the listing price (for the listed price paper listed at the Stock Exchange) by 100%.

(ii) The listing price is taken at a reference price at the Stock Exchange at the time of the risk of the risk project.

• The case of secured property is other forms: The deduction value of the secured property is zero.

+ A case of value-deductible value guarantees greater than the number of original debt, the number of risk reserves required by zero.

+ The extraction rate corresponds as follows:

• Group 1: 0%;

• Group 2: 5%;

• Group 3: 20%;

• Group 4: 50%;

• Group 5: 100%.

d) Payment with the State and State Budget:

-Subject: payments to the State and State Budget under the approval of the Prime Minister.

Backup method:

In it:

+ Value of payments with the State and State Budget at the time of determining the risk reserve;

+ The extraction rate corresponds as follows:

• Group 1: 0%;

• Group 2: 10%;

• Group 3: 100%.

The other receivable expenses:

-Subject: The other receivship has been overdue for payment or not to the payment yet but the subject must be obtained as a member of the bankruptcy or as a possible procedure; the subject must be taken as a missing person, fled, is suffering from the authorities. Prosecution law, detention, trial, trial, or death.

Backup method:

In it:

+ The value of the receivages at the time of the risk reserve determination;

+ The extraction rate corresponds as follows:

• Group 1: 0%;

• Group 2: 30%;

• Group 3: 50%;

• Group 4: 70%;

• Group 5: 100%.

3. Joint reserve:

The joint bill is calculated by 0.75% of the total assets of the State Bank, the number of figures on the total assets of the State Bank are taken on the Balance Sheet's Third Quarter Accounting Board of the year.

What? 8. Predetermined sequence, extract and risk of the risk reserve number are extracted in the fiscal year.

1. The State Bank unit of the State Bank imples to define the specified specific contingus at Article 4, Article 6 and Article 7 This Smart, to report and submit to the Financial Case-Accounting by the end of December 31 annually to enforce the Bank ' s risk reserve. The state. The Financial Case-Accounting to determine the general chamber under the provisions of Article 3 Article 7 of this.

2. The base of the total number of units in the unit of the State Bank moved back and the general office, the Financial Case-Implementation Accounting and the risk of the risk reserve number were extracted in the fiscal year in the following principle:

a) The case of risk contingeconation needs to extract the addition of less than 10% of the income gap, the genus has not included a risk room expenditure: The number of risk contingers is extracted in the fiscal year by the number of risk contingers required to extract the supplement;

b) The case of risk contingus needs to extract greater addition or equal to 10% of the income inequality, the genus has not included a risk room expenditure: The number of risk contingers cited in the fiscal year by 10% of the income inequality, the genus has not included the expected amount. It's a risk.

c) The case number of risk contingers needs to extract smaller than the risk-room balance before the time of the merger: The State Bank performs the accounting by regulation at 6 Article 3.

Item 2

USE THE RISK RESERVE TO HANDLE THE LOSSES.

What? 9. The losses are used in a risk reserve to handle it.

The State Bank is used in a risk reserve to handle the losses that arise from the following items:

1. Money, gold sent at the foreign bank, loan and payment with foreign bank.

Losses on money, gold and other assets sent at the foreign bank due to the inviable cause of the country where the State Bank invested or deposing assets of war, terrorism, bankruptcy, natural disasters and foreign banks were no longer likely to be made. payment.

2. Operate securities investing in the international financial market.

Losses caused by the devaluation of the investment in the international financial market and the losses caused by objective causes such as: the partner release partner suffered by disaster, fire, floods, bankruptcy, dissolution ..., the State Bank could not obtain enough record value. the stock of the stock, the stock co-cited the rebate bill; the State Bank used a risk reserve to handle the losses.

3. Renewable Activity

a) The debt (root and interest) is cleared at the discretion of the Prime Minister, but is not granted by the Government to compensate the State Bank.

b) The loan debt, the credit-organizing payout has sufficient evidence that there is no longer the ability to revoking debt when the credit organization is dissolved, bankrupt by the rule of law.

4. Payment with State and State Budget

Payments with the State and the State Budget are processed under the approval of the Prime Minister.

The State Bank chaired, in coordination with the Ministry of Finance of the Report, the Prime Minister for the Government to allow the use of a risk reserve to handle payments with the State and State Budget, including:

a) The payments with the State and the State Budget have expired payment of payment or no payment deadline and after a minimum of time 05 (the year) years have yet to be handled;

b) The payments with the State and the State Budget are different.

5. Other receivable

The losses to the receivables in the operation have sufficient evidence to obtain the object to collect or the subject must be unaudable.

6. The losses in payment activity, treasury, foreign exchange reserves management and gold market stability intervention in the country:

a) The losses while performing payment activities such as payment of payment networking, technology ...;

b) The losses on money, gold, precious assets and paper prices have arrobled in the banking operation such as:

-The loss in the course of the transport on the road occurred incidents caused by an improbable cause of resistance including accident, robbery, sabotage, natural disasters, fire, war, terrorism, or other unimpediable cause;

-cash losses, precious property, valuable paper at the site of trading and stockpiles of money due to vandalation, robbery, fire, natural disasters, war, terror or other objective cause;

c) The losses arise in the management of the state foreign exchange reserve management and the gold market stability intervention in the country as losses in the measure of gold quality, a reduction in the price of gold.

7. Other losses follow the decision of the Governor of the State Bank.

What? 10. The legal record as a base handles the losses

Legal filings to make the base handle the losses in the activities of the State Bank including:

1. Records, documents that are related to the damaged properties need to be processed.

2. The report and petition of the unit of the State Bank of the state where the losses occurred.

3. The Papers and Border of the Disposal Disposal Council.

4. In addition to the specified document records at paragraph 1, 2, 3 This, for each of the losses must add the following records:

a) For debts (original and/or interest) to be deleted at the discretion of the Prime Minister, but not granted by the Government to compensate: The Prime Minister ' s decision to clear the debt to each debt and specific borrower;

b) For payments with the State and the State Budget processed under the approval of the Prime Minister: The direct, approval of the Prime Minister for the handling of payments with the State and the State Budget;

c) For losses that arise from the securities investment activity on the international financial market: The document proves the price reduction of the securities has invested and the evidence demonstrates the losses caused by objective causes such as partner and partner. release of the stock in natural disasters, fire, floods, bankruptcy, dissolution ...;

d) For the former debt that was born before the time of the Vietnam State Bank Law in 1997 came into effect:

-For the subject's receivship receivship:

+ The case of the subject must be dissolved, bankrupt: The Court's decision to declare bankruptcy under the Bankruptcy Law or the decision of the body with authority on the dissolution; the self-dissolution case must have the organization's announcement or confirmation of the decision body. to establish that organization;

+ The object case must be discontinued and does not have the ability to pay: The body's validation of the decision to establish or organize a business register of enterprise, the organization has ceased operations and is unlikely to pay.

-For the receivship of the object is personal:

+ Certificate of death certificate (copy) or local government confirmation on the subject must be debunking dead but there is no inheritance property to pay the debt;

+ The local government ' s confirmation paper on the subject must either live or have gone missing but is not able to repay the debt;

+ The warrants or validation of the law enforcement agency on the subject must either be fled or are being prosecuted, are enforced or confirmed by the local government on the subject of the inability to obtain payment.

5. Legal records may include other written evidence, if such evidence can prove or clarify the extent of the property's loss.

What? 11. Scare processing

The self-processing process that arise during the operation of the State Bank is carried out as follows:

1. The unit head of the State Bank of the State Bank where there are losses arise in the operation of directing relevant departments, the program, the editor, the proposal for loss processing (with a copy of the record of the confirmed losses). of the unit) and sent the Financial Case-Accounting.

2. Financial case-The accounting-making of a case, documents related to the losses issued by the State Bank of the State Bank, which performs the appraisal, aggregation of records, and sending out an opinion of the units that have members on the Board of Disposal. The losses are in the two terms of Article 12.

3. Financial case-Accounting review and has a document recommended by the State Bank Board of Governors to establish a Regulatory Disposal Council on this Article 12.

4. On a profile basis, the relevant document stipulated at Article 10 of this Information, the appraisal opinion of the Financial Case-Accounting and the participation of relevant units, the Council for the Disposal Of Analysis, evaluation, the proposal of the processing and presentation of the Governor. consider, deciding to use a risk reserve to handle each of the specific losses.

For debts at a point a 3 Article 9 and a payment with the State and State Budget at 4 Article 9 This Privacy, the Casualty Processing Council must report, the State Bank of the State Bank is aware of the Ministry of Finance and Player of the Union. The government considers it, decided before the execution.

5. The Governor ' s Decision Base for the use of a risk reserve to handle losses, the Financial Case-Accounting coordination with the relevant units that implement the accounting and management of the losses after the treatment has been approved under the regulations at the end of the year. This is 14.

What? 12. Component of the Casualty Processor

1. Chairman of the Council: 01 Deputy Governor of the State Bank.

2. Council members:

a) Chief Financial Affairs-Accounting, Vice President Permanent;

b) Secretary of Internal Audit;

c) The Secretary of Monetary Policy;

d) Credit:

The Chief of Justice.

e) the head of the cadre organization;

g) Chief Inspector Inspector, oversees the bank;

h) the Director of the Bureau of Release and Treasurer.

3. Financial case-The execution of the function that helps the Council to handle the losses in the case of necessity. The Chairman of the Board of Casualties decided to display a number of officers from the cases, the Bureau, unit of the State Bank that was involved in helping the Council to handle losses at the suggestion of the Financial Case-Accounting.

What? 13. The mission of the Disposal Disposal Council

1. Perform the prescribed tasks at paragraph 4 Article 11 This message.

2. Check out the execution of the losses in the activities of the State Bank after having the decision to handle the competent authority.

3. Processing other content that is relevant to the use of the State Bank ' s risk reserve.

What? 14. Manage the losses after having been processed.

1. The losses after the treatment will be monitored by the accounting at an account in addition to the balance sheet. The units for the loss are not informed by the creditable object and still have the measure to continue to recover as for ordinary receivable receivship, except for the case the Prime Minister has made a decision.

2. After a minimum period of 05 (five) years, since the date of the risk of a risk reserve to handle the losses was after taking measures to recover losses but could not be recovered, the Governor of the State Bank decided to give an outstanding payment. The losses processed by the risk of the risk-out of the account off the balance sheet.

The profile for the losses that have been exported out of the account balance sheet must be stored under the rule of law, which includes both the loss treatment records and the entire document that proves the unit of the unit chief has taken all the funds. The measures to recover but not recovered.

3. The proceeds from the losses have been processed by the risk department, the unit 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 Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic

Chapter III

THE ORGANIZATION.

What? 15. State Bank unit responsibility

1. Financial case-Unit Guidance Accountant of the State Bank takes the number of metrics to calculate, extracts the regulatory risk reserve at this level.

2. The Bureau of Information Technology Building software that supports the classification of assets at risk, determining the number of risk contingus needs to be extracted as specified in this Information.

What? 16. The transition clause

The balance of the risk reserve is extracted from the time of the Protocol. 100 /1998/NĐ-CP December 10, 1998 The Government is transferred to the top number of the risk reserve being extracted according to this Information to continue using the prescribed use.

What? 17.

1. This message has been in effect since 1 June 2014.

2. Number Decision 41/2007/QD-NHNN June 6, 2007, 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 United States

What? 18. Organization of Action

Chief of the Office, Chief Financial Officer-Accounting, Deputy Head of the State Bank, Director of the Bank of the State Branch of the Province, the city is responsible for the organization's organization.

KT. GOVERNOR.
Vice Governor.

(signed)

Mingliu