CIRCULAR additional amendments to some articles of the circular No. 36/2014/TT-NHNN dated Jan. 20, 2014 of the Governor of the State Bank regulations on limits, the rate guarantee safety in the operation of credit institutions, branches of foreign banks pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;
Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;
Pursuant to Decree No. 154/2013/ND-CP DATED 11 November 2013 of government functions, tasks, powers and structure of the State Bank of Vietnam;
According to the recommendation of the Chief Inspector, the banking supervision;
The Governor of the State Bank of Vietnam issued a circular amending and supplementing some articles of circular No. 36/2014/TT-NHNN dated Jan. 20, 2014 of the Governor of the State Bank regulatory limits, the rate guarantee safety in the operation of credit institutions, branches of foreign banks (circular No. 36/2014/TT-NHNN).
Article 1. Amendments and supplements to some articles of the circular No. 36/2014/TT-NHNN: 1. Added end of art. 15 of article 3 as follows: "(xi) company or credit institution which held that property from 5% of the capital or voting equity;
(xii) the company or credit institution which held that had the authority to appoint the Manager, Board member of the company's control, credit institutions;
(xiii) the company or credit institution which held that had the authority to appoint the Manager, Board member of the parent company's control of the company or credit institution. "
2. additional point i in paragraph 18 of article 3 as follows: "i) loans, discounting of valuable papers to the customer mandate for the Organization, individuals buy stocks."
 3. Addition of clause 19, 20, 21, 22, 23 and 24 on article 3 as follows: "19. Credit institutions, branches of foreign banks as credit institutions, branches of foreign banks be established and operating in Vietnam in accordance with the law of Vietnam. 
20. Commercial Bank State commercial bank was founded, organized in the form of limited liability company in a Member State by the owner of 100% of the capital.
21. Financial institutions is held is regulated by the law on the prevention of money laundering.
22. foreign financial institutions as financial institutions established in foreign countries according to the provisions of foreign law.
23. the average of short-term capital, is calculated by totaling the balance of short-term capital, in the end of each day divided by the total number of days in the month.
24. Buying, selling term papers paper is buying or selling the valuable papers attached conditions to transfer the ownership of valuable papers not yet due for payment and commitment will resell or buy back the valuable papers that after a certain period of time. "
 4. additional amendments clause 2 article 11 as follows: "2. the credit institutions, branches of foreign banks not to grant credit to clients to investments, unlisted bonds business of business" 5. Additional amendments art. Article 12 as follows: "a) audit Organization (including the audit business, branch of the foreign audit business in Vietnam), Auditors (including auditors of the auditing organization, State Auditors) are audited in credit institutions , foreign bank branch; inspectors are inspectors at credit institutions, branches of foreign banks. "
 6. Amendments, supplements the point c Article 13 paragraph 3 as follows: "c) the loans are fully secured on the duration and value of individual savings deposits at the time of lending;"
7. Amendments, supplements the point h paragraph 3 article 13 is as follows: "h) the guarantee and commitment issued under the forms of credit vouchers are guaranteed full on the duration and value of the copper deposits in foreign currencies, Vietnam; Gold; Government bonds of the party is the guarantee and/or third parties at the time of granting the guarantee and/or commitment. Credit institutions, branches of foreign banks determine the specific value of the secured assets but ensure maximum value according to the following principles: (i) deposits in Vietnam: 100% of deposits were used to secure the payment of bail and release commitment;
(ii) deposits in foreign currency: 95% of deposits were used to secure the payment of bail and release commitment;
(iii) gold pieces, except the gold pieces specified in properties (iv) this point: 95% of the value measured by the purchase price to be listed on the headquarters of the business of credit institutions, the trademark owner gold pieces at the end of the day before the valuation date;
(iv) gold pieces without the purchase price to be quoted, other gold: 30% of the measured value be priced by organizing functional valuation at the time on the most recently determined the value of the secured property by price or be priced by the internal regulations of credit institutions foreign bank branches, in no case be priced by organizing functional valuation;
(v) Government bonds: 95% of the value of government bonds had left under 1 year or 85% of the value of government bonds remaining duration from 1 year to under 5 years or 80% of the value of government bonds remaining duration from 5 years and over. The value of government bonds is calculated according to the price at the valuation date. "
  8. Amendments, supplements article 14 paragraph 4 as follows: "4. the commercial banks not to grant credit, entrusted to subsidiaries, affiliates of commercial banks to own: a) investment, stock trading;
 b) loan to stock trading, investment. "
9. Amend paragraph 6 article 14 complements the following: "6. Commercial banks not to grant credit to clients to invest their own stock trading, commercial banks, except the State commercial bank loans for employees of major State commercial banks to buy the shares first issued when State commercial bank switch that joint stock commercial bank. "
10. Modify, Supplement b item 2 article 15 as follows: "b) liquidity reserve rate is determined according to the following formula: in which: (i) there is high liquidity assets are specified in annex 3 to this circular;
(ii) the total payable is the item Of liabilities on the balance Sheet minus Bank loans (including term papers for sale are priced through the open market business; discount, valuable papers, pledge loans overnight interbank electronic payment) and loans to credit institutions , other foreign bank branches in the form of discount, discount the valuable papers used in the transactions of the Bank.
11. Modify, Supplement d item 2 article 15 as follows: "d) credit institutions, branches of foreign banks must maintain the rate of the minimum liquidity reserve as follows: (i) commercial banks: 10%;
(ii) foreign bank branches: 10%;
(iii) non-bank credit organization: 1%;
(iv) Cooperative Bank: 10%. "
12. Modify, Supplement b, c, d paragraph 3 article 15 as follows: "b) the rate of pay in 30 days is determined by the following formula: in which: (i) there is high liquidity assets are specified in annex 3 to this circular;
(ii) cash flow out in the next 30 days net is the difference between the flow of money out of the 30 consecutive days from the following day and cash flow of 30 days in a row since the next day prescribed in annex 3 to this circular.

c) where credit institutions, branches of foreign banks determine the net out flow of money against Vietnam in the next 30 days is transatlantic, credit institutions, branches of foreign banks must maintain a rate of pay within the 30 days specified in point b of this clause for the following minimum Vietnam Dong (i) commercial bank: 50%;
(ii) foreign bank branch: 50%;
(iii) non-bank credit organization: 20%;
(iv) Cooperative Bank: 50%. "d) where credit institutions, branches of foreign banks determine the flow of money out for net of foreign currency in the next 30 days is transatlantic, credit institutions, branches of foreign banks must maintain a rate of pay within the 30 days specified in point b of this clause for the following minimum foreign currency (i) commercial banks: 10%;
(ii) foreign bank branches: 5%;
(iii) non-bank credit organization: 5%;
(iv) Cooperative Bank: 5%. "
13. Modification, additional item 2 article 16 as follows: "2. in case the results calculated the rate of pay in 30 days of the day of the credit institutions, branches of foreign banks do not guarantee according to the provisions in point c, d paragraph 3 article 15 of this circular, the State Bank review under the rules, handle about sanctioning administrative violations in the field of money and banking at the same time supervising about affordability. Credit institutions, branches of foreign banks must adopt the right measures to address, including: loans of credit institutions, other foreign bank branches, loans of foreign financial institutions or with credit institutions, other foreign bank branches, foreign financial institutions with the term deposit commitment cannot cancel horizontal the loan commitment, can not cancel the measures and can't cancel another horizontal to ensure affordability ratios. The case of credit institutions, branches of foreign banks must use the aforementioned processing self measure at levels from 20% or more of the properties have high liquidity, the Bank applies additional monitoring and handling measures prescribed by the law. "
14. additional amendments clause 2 article 17 as follows: "2. Total outstanding medium-term loans, long term include: a) The following clause has a time limit left on 1 (one) year: (i) the loans, lease finance (including loans, lease financing for credit institutions , other foreign bank branches in Vietnam), except for outstanding loans, financial leasing by the trust of Government sources, individuals and of other organizations (including: credit institutions, other foreign bank branches in Vietnam; the mother Bank, the overseas branch of the Bank) that the risks related to loans This financial lease due to Government, individuals and organizations are good;
(ii) The trust accounts for credit institutions, other foreign bank branches for loans, financial leasing that credit institutions, branches of foreign banks authorised to take risks;
(iii) the terms of purchase, invest valuable papers, except valuable papers used in the transactions of the Bank (not including bonds due to the asset management company of the credit institutions in Vietnam (VAMC) released). "b) loan, the outstanding finance lease purchase balance, investment, valuable papers expired. "
15. Amendments, supplements article 17 paragraph 3 as follows: "3. the medium-term, long-term sources of capital include the following account balance has remainder term on 1 (one) year: a) of deposits held in the country and abroad, except the following: (i) types of deposits of the State Treasury;
(ii) deposits of credit institutions, other foreign bank branches in Vietnam;
b) loan to financial institutions in the country and abroad (except for the loan of credit institutions, other foreign bank branches in Vietnam);
c) deposits of individuals;
d) mobilise Funds from issuing promissory notes, bills, certificates of deposits, bonds;
 DD) capital, capital, additional reserve fund, capital investment fund, business development and financial reserve fund remaining after subtracting the value of the original purchase, investment in fixed assets, capital contribution, purchase of shares under the provisions of the law;
e) equity surplus, profits do not divide left after buying stock funds;
g) deposits, loan credit institutions, other foreign bank branches in Vietnam for the case of non-bank credit organization;
h) deposits of the people's credit fund for cooperative banks. "
 16. Amendments and supplements article 17 paragraph 4 as follows: "4. the short-term funds include the balance of the account on the following remaining duration to 1 (one) year (including non-term deposit): a) of deposits held in the country and abroad, except the following: (i) types of deposits of the State Treasury;
(ii) deposits of credit institutions, other foreign bank branches in Vietnam;
(iii) deposit and the deposit of capital used by the customer.
b) loan to financial institutions in the country and abroad (except for the loan of credit institutions, other foreign bank branches in Vietnam);
c) deposits of individuals, except for funds and specialized capital deposits;
 d) mobilise Funds from issuing promissory notes, bills, certificates of deposits, bonds;
 VND) deposits, loan credit institutions, other foreign bank branches in Vietnam for the case of non-bank credit organization;
e) deposits of the people's credit fund for cooperative banks. "
17. Amendments, supplements account 5 article 17 as follows: "5. the credit institutions, branches of foreign banks be used short term capital to middle and long-term loans according to the maximum rate with the following route: a) From July 1 to December 31, 2016, 2016 (i) commercial bank: 60%;
(ii) foreign bank branch: 60%;
(iii) non-bank credit organization: 100%;
(iv) Cooperative Bank: 60%;
b) from 1 January 2017 until December 31, 2017: (i) commercial bank: 50%;
(ii) foreign bank branch: 50%;
(iii) non-bank credit organization: 90%;
(iv) Cooperative Bank: 50%;
c) From January 1, 2018: i) commercial banks: 40%;
II) foreign bank branch: 40%;
III) non-bank credit organization: 80%;
IV) Cooperative Bank: 40%. " 
18. Amend paragraph 6 supplements article 17 as follows: "6. the credit institutions, branches of foreign banks are buying Government bonds investment, compared with the average of short-term capital, adjacent to earlier as follows: a) maximum ratio: (i) State commercial bank: 25%;
(ii) joint stock commercial bank, joint venture Bank, 100% foreign banking: 35%;
(iii) foreign bank branch: 35%;
(iv) non-bank credit organization: 5%;
(v) Cooperative Bank: 35%.
b) balance investment, buying Government bonds to determine the maximum rate specified in point a of this paragraph includes the entire balance of government bonds owned by credit institutions, branches of foreign banks, including the fiduciary account for other organizations buy, invest in government bonds and do not include the account purchase investment in government bonds by trust funds from individuals, other organizations that credit institutions, branches of foreign banks do not take risks;
c) short-term capital determined in accordance with paragraph 4 of this Article;
d) credit institutions, branches of foreign banks do not have short-term capital acquired, invested in government bonds, according to the corresponding maximum percentage specified in point a of this paragraph than capital or capital. " 
19. Amendments, supplements of point a, point b article 21 paragraph 4 as follows: "a) deposits by domestic and foreign organizations, except the following: (i) types of deposits of the State Treasury;
(ii) the deposit of capital deposits and customers ' use;

b) deposits of individuals, except for the deposit and the deposit of capital; "2. Repeal clause 5 article 16 Circular No. 36/2014/TT-NHNN.
Article 3. Replace the annex attached to circular No. 36/2014/TT-NHNN by Annex 1, Appendix 2 and Appendix 3 attached to this circular.
Article 4. Transitional provisions 1. General provisions on transition: a) at the time of this circular effect enforcement, credit institutions, branches of foreign banks have yet to ensure compliance with the limits, the rate specified in circular No. 36/2014/TT-NHNN by modifying and supplementing the provisions in annex 2; point a, point i, paragraph 15, item 18 article 3; item 2, clause 5, paragraph 6 article 17 circular No. 36/2014/TT-NHNN must build the process and actively implement immediately the measures disposed to comply with regulations;
b) in time up to 30 days from the date of this circular effect enforcement, credit institutions, branches of foreign banks must submit in person or by post process as defined in point a of this clause for the State Bank (banking supervision, inspection).
State Bank case asked to modify, Supplement, regulating the processing measures, the progress made, the time limit for implementation, credit institutions, branches of foreign banks are responsible for implementing organization at the request of the State Bank;
c) credit institutions, branches of foreign banks are responsible for additional processing measures referred to in point a, point b and the progress made on restructuring plan content organization and operation of credit institutions, branches of foreign banks (if applicable) to implement synchronization at the request of the State Bank.
2. transitional provisions for minimum capital safety ratio process forward for the safe minimum capital ratio must be a minimum of the following: a) the specific rate is not guaranteed under the rules;
b) of the measures and the processing plan to ensure up to date regulatory compliance 01/01/2017.
3. transitional provisions for credit grade a) at the time of this circular effect enforcement, credit institutions, branches of foreign banks are granted the credit to a customer and the person concerned does not meet the level of credit limit as defined in article 13 circular 36/2014/TT-NHNN by modifying additional, art. 15 article 3 circular 36/2014/TT-NHNN, credit institutions, branches of foreign banks and customers are continuing to implement the agreement signed for the remainder of the term of the contract. The amendment, addition, extension of the contract only if the content of the amendment, addition, extension line with the provisions of article 13 circular 36/2014/TT-NHNN and related regulations;
b) at the time of this circular effect enforcement, commercial banks, foreign bank branches have the level of credit for customers to invest in stock trading, breaching the regulations on the conditions and the rate prescribed in article 14 circular 36/2014/TT-NHNN by modifying additional, art. 15 and point i account 18 article 3 circular 36/2014/TT-NHNN, not be granted any further credit to investment, stock trading until fully meets the conditions specified in paragraph 1 and to ensure compliance with article 14 the rate specified in paragraph 3 article 14 circular 36/2014/TT-NHNN and must build process , in which a minimum must have the following content: (i) the list of customers and outstanding loans to investment, business stock of each client; the reality does not meet the limit;
(ii) measures and specific plan handles, including the recovery of the debt, capital increases, capital.
4. transitional provisions with regard to the maximum rate of short-term capital is used for medium and long-term lending a) at the time of this circular effect enforcement, credit institutions, branches of foreign banks having a maximum rate of short-term capital is used for medium-term and long-term loans do not guarantee provided for in Article 17, paragraph 1 This investment due to the amendments, additional item 2 article 17 circular 36/2014/TT-NHNN, not be granted any further medium term credits long term and until meet the rate prescribed in clause 5 article 17 circular 36/2014/TT-NHNN and must build process, in which a minimum must have the following content (i) the specific rate is not guaranteed under the rules;
(ii) measures and processing plan to ensure maximum time limit after 3 months from the date of this circular effect the enforcement of compliance with regulations.
b) at the time of this circular are enforceable, non-bank credit organization has a maximum rate of short-term capital is used for medium-term and long-term loans do not guarantee provisions in clause 5 article 17 circular 36/2014/TT-NHNN not be granted any further credits the medium term and long term until the response rate and to build process, in which a minimum must have the following content: (i) the specific rate is not guaranteed under the rules;
(ii) measures and processing plan to ensure maximum time limit after 3 months from the date of this circular effect the enforcement of compliance with regulations.
5. the transitional provisions with respect to the rate of investment in government bonds than short-term capital at the time of this circular effect enforcement, credit institutions, branches of foreign banks are investing in government bonds than short-term capital does not guarantee the provisions in paragraph 6 article 17 circular 36/2014/TT-NHNN not buy investment, more government bonds until meet the rate prescribed in clause 6 article 17 circular 36/2014/TT-NHNN and must build process, in which a minimum must have the following content: a) the specific rate is not guaranteed under the rules;
b) and measures to ensure handle plan after the maximum time limit of three months from the date of this circular effect the enforcement of compliance with regulations.
6. the following processing transfer maximum transfer time in process prescribed in clause 2 and clause 4 of this, credit institutions, branches of foreign banks not to fix the violation, then depending on the extent, nature and risks, the Bank applies the necessary processing measures including restructuring measures according to the provisions of the law , revoked the license for credit institutions and branches of foreign banks.
Article 5. Terms of implementation of this circular are effective since July 1, 2016.
Article 6. Organizing Chief, Chief Inspector, bank supervision, heads of units of the State Bank, Director of the State Bank of India branch of the province, central cities, Chairman of the Board, the Chairman of the Board members and the ceo (Director) credit institutions foreign bank branch, is responsible for implementation of this circular.