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Circular 07/2012/tt-Nhnn: Regulations On Foreign Currency Status Of Credit Institutions Foreign Bank Branch

Original Language Title: Thông tư 07/2012/TT-NHNN: Quy định về trạng thái ngoại tệ của tổ chức tín dụng chi nhánh ngân hàng nước ngoài

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THE STATE BANK OF VIETNAM
Number: 07 /2012/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 20, 2012

IT ' S SMART

Regulation of the foreign state of credit organizations, foreign bank branches, foreign banks.

______________________

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

The Code of Credit: 47 /2010/QH12 June 16, 2010;

The foreign exchange commander. 28 /2005/PL-UBTVQH11 December 13, 2005;

Base of Protocol 160 /2006/NĐ-CP December 28, 2006 the Government rules out the foreign exchange ordinance;

Base of Protocol 96 /2008/NĐ-CP August 26, 2008 by the Government Regulation, the mandate, the powers and the organizational structure of the State Bank of Vietnam;

On the recommendation of the Chief of Foreign Affairs Management;

The State Bank of Vietnam issued a regulatory provision on the foreign currency of credit organizations, the foreign bank branch operating in Vietnam is allowed to operate foreign exchange activities, including foreign banks.

What? 1. Subject, scope of adjustment

This information regulates the foreign currency of the credit organizations, and the foreign bank branch operating in Vietnam is allowed to operate foreign exchange.

What? 2. Explain the word

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

1. The foreign currency is the currency of the country, the other territory or the common currency of Europe and the other common currency used in international and regional payments.

2. The yuan state of a foreign currency is the difference between the total assets that have and the total assets of this foreign currency, including the corresponding foreign exchange commitments.

3. The rate of exchange rate of the foreign currency is applied in accordance with the following regulation:

a) The price rate between the Vietnamese and the U.S. dollar: is the average rate of bank of the bank announced by the State Bank on the day of the report.

b) The ratio between the Vietnamese and other foreign currencies: is the sale rate immediately the transfer of the credit organization, the foreign bank branch at the end of the report day.

4. The foreign currency of the credit organization, the foreign bank branch, is the yuan state of that currency which is regulated to the Vietnamese at a rate of state regulation.

5. The total state of the foreign currency is the total state of the foreign currency.

6. The total state of the negative foreign currency is the total state of the negative state with a negative state.

What? 3. The principle of foreign status

1. The currency state of the credit organization, the foreign bank branch is determined at the end of the working day.

2. The currency state of the foreign currency is calculated on the basis of the number of relevant relevant accounts at the Appendix Attachment Annex.

3. Rule the yuan state of each foreign currency to the Vietnamese at a rate of state regulation.

4. Plus the positive foreign states with each other to calculate the total positive foreign state. All the foreign states are negative for each other to calculate the total negative foreign states.

What? 4. Limit the total foreign status

1. The limit of the total foreign state is calculated by the ratio between the total positive foreign state or the total negative foreign state to the inherent capital of the credit organization, the foreign bank branch.

The inherent capital to limit the total foreign currency of the credit organization, the foreign bank branch is the inherent capital of the month adjacent to the report of the credit organization, the foreign bank branch.

2. The total end-day foreign currency of credit organizations, the foreign bank branch is not exceeding 20% of the self-employed capital of the credit organization, the foreign bank branch.

3. The end of the day ' s end-of-day foreign currency of credit organizations, the foreign bank branch is not exceeding 20% of the self-employed capital of the credit organization, the foreign bank branch.

4. Foreign bank affiliates in Vietnam that have a self-made of 25 (twenty-five) millions of US dollars back are allowed to apply to the extent of the total foreign status limit as follows:

The total end of the day's positive foreign currency states the U.S. dollar is not exceeded 5 (5) million US dollars.

The total end of the negative foreign currency state of the U.S. dollar is not exceeded 5 (5) million US dollars.

5. The necessary case, the credit organization, the foreign bank branch that is maintained the foreign state branch limits the regulation limit at Clause 2, Clause 3 and Clause 4 This when approved by the Governor of the State Bank of Vietnam.

What? 5. Report Mode

At least to 14h of working day, credit organization, foreign bank branch to report the foreign currency of the earlier working day on the State Bank of Vietnam (Foreign Exchange Management), according to a form at the Appendix to this Information Attachment.

What? 6. Terms of execution

1. This message has the enforcement effect since 02/05/2012 and replaces the number decision. 1081 /2002/QĐNNN October 7, 2002 of the Governor of the State Bank of Vietnam issued a Regulation on the State of Foreign Currency Against Credit Organizations being allowed to operate foreign exchange, Decision No. 1168 /2003/QD-NHNN October 2, 2003 by Governor of the State Bank of Vietnam on the amendment of Article 1 Decision 1081 /2002/QĐNNN October 7, 2002.

2. Financial case-Accountable accounting for credit organizations, foreign bank affiliates are allowed to operate foreign exchange status on a regulatory basis on the system of accounting accounts.

3. The Bureau of Information Technology within the functional range, its mandate is responsible for guiding credit organizations, the foreign bank branch that is allowed to operate foreign exchange practices that report foreign currency reports in the event of a media report. The electronics.

4. Chief Inspector, bank supervisor, Director of the Bank of the State Branch of the Province, the central city of the central city that is responsible for examination, inspection, oversight of the implementation of the provisions of this Information and the handling of the violations under its rules. the law.

5. Chief of Staff, Chief of Foreign Affairs Management and Head of Units of the State Bank of Vietnam; Chairman of the Board of Directors, Chairman of the Board of Directors, General Manager (Director) of the credit organization, General Manager (Director) of the bank branch Foreign goods are responsible for this information.

KT. GOVERNOR.
Vice Governor.

(signed)

The Emperor.