The CIRCULAR stipulated limits, the rate guarantee safety in the operation of people's credit funds 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 issued a circular regulating the limits, the rate guarantee safety in the operation of people's credit funds.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular regulates these limits, the rate guarantee safety in the operation of people's credit funds include: a) the safe rate of capital;
b) rate of pay;
c) maximum rate of short-term capital is used for medium-term and long-term loans;
d) loan limits.
2. The base results for inspection, monitoring people's credit vớiquỹ, in case necessary to ensure safety in the operation of people's credit funds, depending on the nature and extent of the risk, the State Bank of Vietnam (hereinafter referred to as the Bank) asked the people's credit funds maintain a or some lower limit rates secure more closely than the levels specified in this circular.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The customers of people's credit funds include members of the people's credit funds; individual organizations have money gửitại people's credit funds; poor households are borrowing relationship with the people's credit funds.
2. The person involved with customers of people's credit fund is the Organization, individuals who have direct or indirect relations with the client that, in one of the following cases: a) the customer is concerned with legal personality are: (i) the Manager, member Supervisory Board, members or shareholders, which owns 5% of the Charter capital or equity reserves voting is upwards of that entity;
(ii) the wife, husband, father (including adoptive father, stepfather, father, husband, father-in-law); parents (including foster parents, stepmother, mother mother, husband and wife); children (including adopted children, son-in-law, daughter-in-law, stepson of husband or wife); siblings (including brother, sister, children of the same father different mother or another with his mother, father, brother-in-law, sister-in-law, brother-in-law, sister-in-law) of the Board members, management control, which members or shareholders owning 5% or the equity voting rights and over of legal entities;
(iii) the legal personality which the customer owns 5% of the capital or voting equity;
b) Who are concerned with personal clients include: (i) the wife, husband, father (including adoptive father, stepfather, father, husband, father-in-law); parents (including foster parents, stepmother, mother mother, husband and wife); children (including adopted children, son-in-law, daughter-in-law, stepson of husband or wife); siblings (including brother, sister, children of the same father different mother or another with his mother, father, brother-in-law, sister-in-law, brother-in-law, sister-in-law) of that individual;
(ii) the entity that is the Manager, member Supervisory Board, members or shareholders, which owns 5% of the Charter capital or equity voting rights and over which the entity's or his wife, husband, father (including adoptive father, stepfather, father, husband, father-in-law); parents (including foster parents, stepmother, mother mother, husband and wife); children (including adopted children, son-in-law, daughter-in-law, stepson of husband or wife); siblings (including brother, sister, children of the same father different mother or another with his mother, father, brother-in-law, sister-in-law, brother-in-law, sister-in-law) of customers is the Manager, member Supervisory Board, members or shareholders, which owns 5% of the Charter capital or equity voting rights and over of legal entities;
  (iii) households that the client is a member of the household;
c) Who are associated with the client's household loans of people's credit fund consisting of the members of the household.
3. non-profits share of people's credit fund is part of the profit not distributed, to be determined after the financial reporting year (for the people's credit funds to independent audit in accordance with the Bank's financial reports audited year of independence) and the Congress of the people's credit fund members decided to hold back additional purposes funds for the people's credit funds.
4. State Bank branch in the province, the city's State Bank branch in the central cities, where people's credit fund is headquartered.
Article 3. Ask about information technology 1. After the maximum period of 12 (twelve) months from the date of this circular are enforceable, the people's credit funds must have information technology systems as defined in paragraph 2 of this Article.
2. information technology system of the people's credit funds to ensure the following minimum requirements: a) stored, retrieved and supplemented the database about customers, ensure risk management prescribed by the State Bank and the internal regulations of the people's credit funds;
b) statistics, track items of capital, assets, debt to pay; calculate, manage, monitor, limit the rate of guarantee safety regulations this circular.
Article 4. Internal regulations 1. The people's credit funds must have internal regulations on the management of capital safety ratio, liquidity management (pay rate, the maximum rate of short-term capital is used for medium-term and long-term loans), loan, loan management according to the provisions of this circular and related documents. The text of the internal regulations and the amended text, additional internal regulations by the Board of the people's credit funds issued or approval.
2. internal regulations about the safe minimum capital rate consists of the following principal contents: a) processes, methods of tracking the safety ratio of capital;
b) early warning method of the risk of reducing the capital safety ratio;
c) process when the safe rate which is lower than the minimum, at least include: measures to increase the rate of capital safety; the responsibilities, powers and the coordination of individual parts in the implementation process.
3. internal regulations of minimum liquidity management include the following: a) regulations on the decentralization, delegated, functions, duties of the individual, the Department involved in the monitoring and implementation of measures to ensure maintaining the rate of pay, the maximum rate of short-term capital is used for medium-term and long-term loans;
b) processes, procedures, limits and liquidity management standby to ensure maintaining the rate of pay, the maximum rate of short-term capital is used for medium-term and long-term loans as prescribed in this circular;
c) the rules on the management of funds, currency, spend, daily capital.
4. the internal regulations on the management of lending activity, minimum loan management include the following: a) of the criteria determine the customers, who are concerned with the minimum client must have the content as specified in clause 2 2 of this circular;
b) loan limits apply to clients, customers and the people involved, the mechanisms, the principle of decentralization, authorized loans for clients, customers and the people concerned;
c) maximum loan limit in total outstanding loans for each type of client is member, customers do not have to be members and customers is the poor households of people's credit funds;
d) tracking process for loans in excess of 5% of the capital of the people's credit funds;
DD) regulations on the reporting of loans for the object is a member of the Management Board, supervisory board, Director of the people's credit fund in accordance with the provisions of the State Bank of people's credit funds.
5. Periodically at least 1 (one) year and when necessary, the people's credit funds are reviewing, assessing, modifying, supplementing the internal regulations for compliance with security requirements in the operation of people's credit funds.
6. Within the period of 10 (ten) working days from the date issued, modified, supplemented the text of internal regulations, the people's credit funds (directly or by post) about the Ombudsman Bureau, bank supervision where the people's credit fund is headquartered, State Bank branch the city, where there is no inspection Bureau, oversees a bank record consists of: a) the text of report issuance, modification, additional internal regulations. Case modification, additional internal regulations, stating the content of the amendments and supplements;
b) internal rules for issuing new; the revised text, additional internal regulations for additional amendments.
7. for the text of the internal rules, the content does not conform with the provisions of this circular and the relevant legal provisions, the Ombudsman Bureau, bank supervision where the people's credit fund is headquartered, State Bank branch in the city, where there is no inspection Bureau monitoring, the Bank asked the people's credit funds additional amendments accordingly.
Chapter II SPECIFIC PROVISIONS section 1 the rate, LIMITED TO ENSURE SAFETY in the OPERATION of PEOPLE'S CREDIT FUND article 5. Capital safety ratio 1. The people's credit funds must regularly maintain a safe minimum capital ratio of 8%.
2. capital safety ratio is determined by the following formula: in which:-Which itself has to be determined according to the provisions in paragraph 3 of this article;
-Total assets "has the" risk is the total value of the property "Has" to be determined according to the risk level prescribed in clause 4 of this Article.
3. own Capital including total capital level 1 and level 2 minus the Capital Account is from the free capital available at the time of the determination of capital letters, specifically: a) level 1 level 1 Equity Capital consists of: (i) capital;
 (ii) capital construction, procurement of fixed assets;
 (iii) additional reserves Fund capital;
 (iv) Professional Development Fund;
 (v) the capital of organizations, individual grants back to the people's credit funds;
 (vi) non profit split.
 Which level 1 phảitrừ go to the following: (i) estimated Losses (if any);
(ii) the amount of capital contributed to the cooperative bank;
b) maximum calculated level of capital by 100% of the Capital value of the level 1, include: (i) the financial reserve fund;
(ii) general reserve, the maximum 1.25% of total assets "Has" risks;

c) Account is from my own capital: 100% reduced disparity due to revaluation of assets according to the provisions of the law.
 Determining which specific character has to calculate the safe minimum capital ratios specified in annex 1 attached to this circular.
4. The assets "Have" are grouped according to the risk level as follows: a the property Group) with 0% risk include: (i) cash;
(ii) deposits in State banks;
(iii) deposit at the cooperative bank;
(iv) secured loan whole by money, deposits at the people's credit funds;
(v) the loan is secured by the entire valuable papers by the Government, State Bank released;
(vi) outstanding loans by which trustees under the provisions of the law on trust in the operation of the Bank;
b) property Group has a 20% risk factor include: (i) the payment deposit at commercial banks, foreign bank branches;
(ii) outstanding loans to be secured by the entire valuable papers by State financial institutions, credit institutions, branches of foreign banks released;
c) Asset Groups have a 50% risk factor include: outstanding loans are secured by the entire housing, land use, housing tied to land use rights of the borrower as specified by law;
d) Group property has 100% risk factor include: (i) fixed assets of people's credit funds;
(ii) the assets "Yes" else left on the balance sheet also Fortune "Have" provided for in point a, point b, point c, d (i) of this paragraph and which contributed to the cooperative bank.
Identifying specific property values "that" risks are specified in Appendix 2 attached to this circular.
Article 6. The rate of pay 1. The rate of pay is determined by the following formula: in which: property "There" can pay immediately, the property "debt" to pay is determined as specified in Appendix 3 attached to this circular.
2. The end of the working day, the people's credit funds to maintain the rate of pay in the next working day and the rate of pay in a period of 7 (seven) working days next to a minimum of 1.
Article 7. The maximum rate of short-term capital is used for medium-term and long-term loans 1. The people's credit funds to maintain the rate of short-term capital is used for medium-term and long-term loans up to 30%.
2. The rate of short-term capital is used for medium-term and long-term loans is determined by the following formula: in which:-A: percentage of short-term capital is used for medium-term and long-term loans.
-B: total outstanding medium-term and long-term loans provided for in paragraph 3 of this article.
-C: of medium term and long term capital prescribed in paragraph 4 of this Article.
-D: short term capital prescribed in clause 5 of this Article.
3. Total outstanding medium and long-term lending includes outstanding loans have limited time left on 1 (one) year. Total outstanding medium-term and long-term loans do not include outstanding loans under the mandate of the Organization, Government (including credit institutions, other foreign bank branches) and individuals.
4. medium-term and long-term capital include: a) and the capital reserve fund after deducting the account purchase, investment in fixed assets, capital contribution to the cooperative bank in accordance with the law;
b) The following paragraph remaining term trên01 (a), including: (i) the term deposit, deposit, personal organization kiệmcủa;
(ii) loans from credit institutions, other financial organisations.
5. short term sources of capital include: a non-term deposits);
b) The following paragraph remaining term đến01 (a): (i) term deposits, savings deposits by individual organizations;
(ii) loans from credit institutions, other financial organisations.
Article 8. Loan limits 1. The people's credit funds not be unsecured loans, loans with preferential conditions (interest rate preferences, profile, sequence, procedure and approve loans, secured debt obligations measures and measures to handle debt collection in comparison with the provisions of the law and the provisions of the internal regulations on lending operations loan management) for the following objects: a) the members of the Management Board, supervisory board, Executive Director, Deputy Director, Chief Accountant of the people's credit funds;
b) audit organization, auditors are Auditors and inspectors are inspectors at people's credit funds;
c) business is one of the objects specified in point a of this paragraph property on 10% of the registered capital of the enterprise;
d) The appraisal, loan review of people's credit funds.
2. for the loan of objects specified in paragraph 1 of this article, the people's credit funds must ensure the following requirements: a) total outstanding loans should not exceed 5% of the capital of the people's credit funds;
b) lending must be the Board through and must publicly in people's credit funds;
c) Inspection Bureau reports, banking supervision where the people's credit fund is headquartered, State Bank branch in the city, where there is no inspection Bureau, bank supervision when there arise loans;
d) report the Congress members for loans incurred to the time of the retrieved data to the meeting of the Congress members.
3. Total outstanding loans for a member is a legal person shall not exceed the total amount of equity and the balance of deposits of legal entities which in the people's credit funds at all times. Loan term for members is legal does not exceed the duration of the remaining number of deposits and loans must be guaranteed by the number of deposits at the people's credit funds of legal entities.
4. Total outstanding loans for a client should not exceed 15% of the capital of the people's credit funds.
5. Total outstanding loans for clients and relevant people shall not exceed 25% of the capital of the people's credit funds, including loan rates for a client may not exceed the rate provided for in paragraph 4 of this Article.
6. The limits prescribed in clause 4, paragraph 5 of this Article shall not apply to: a) the loans according to the mandate of the Organization, Government (including credit institutions, branches of foreign banks) and individuals;
b) loans secured by deposits in the whole people's credit funds on both the duration and value.
7. own Capital stipulated in art. 2, item 4 and item 5 of this Article shall be determined according to the provisions in clause 3 5 of this circular.
Section 2 REPORT and HANDLE the VIOLATION of article 9. The people's credit funds report the report the implementation of regulations on limits, the rate guarantee safety in operating under the provisions of the State Bank.       
Article 10. Handle violation of people's credit Funds, individuals involved in violation of the provisions of this circular will be dealt with according to the provisions of the law depending on the nature and extent of the violation.
Chapter III TRANSITIONAL PROVISIONS article 11. The responsibility of the people's credit fund 1. At the time of this circular are enforceable, the people's credit funds have yet to ensure compliance with the limits, the safety rate prescribed in this circular are to build the process and actively implement immediately the measures disposed to comply with regulations.
2. In the period up to 30 (thirty) days from the date of this circular effect enforcement of the people's credit funds, must be sent directly or by post process as stipulated in paragraph 2, point b article 12 paragraph 2 article 13 this circular for the Ombudsman Bureau, bank supervision where the people's credit fund is headquartered State Bank, the branch, the city where no inspection Bureau, oversees the Bank.
The case of the Ombudsman Bureau, bank supervision where the people's credit fund is headquartered, State Bank branch in the city, where there is no supervision, inspection Bureau Bank asked to modify, Supplement, regulating the processing measures, the progress made, the time limit for performing the people's credit funds, is responsible for implementation of the Organization upon request.
3. the people's credit funds have additional responsibilities handling measures outlined in paragraph 2 of this Article and the progress made on restructuring plan content organization and operation of people's credit funds to implement synchronization at the request of the Ombudsman Bureau, bank supervision State Bank, the branch, the central cities.
Article 12. Transitional provisions with regard to the maximum rate of short-term capital is used for medium-term and long-term loans 1. At the time of this circular are enforceable, the people's credit funds have maximum rates of short-term capital is used for medium-term and long-term loans do not guarantee specified in clause 1 7 of this circular are handled as follows: a) the people's credit funds not be medium term and long term loans to meet when the rate prescribed in clause 1 article 7 of this circular;
b) the people's credit funds to build process to send the Ombudsman Bureau, bank supervision where the people's credit fund is headquartered, State Bank branch in the city, where there is no inspection Bureau, oversees the Bank.
2. the process of people's credit funds include 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 maximum time limit after 12 (twelve) months from the date of this circular effect the enforcement of compliance with regulations.
Article 13. Transitional provisions for loan limits 1. With regard to the loan contract was signed prior to the date of this circular effect enforcement of the people's credit funds, and customers are continuing to follow the agreement signed for the remainder of the term of the contract. The amendments, supplements the above contract is only done if the content modified, supplemented in accordance with the provisions of this circular and the provisions of relevant laws.
2. At the time of this circular are enforceable, the people's credit funds have the loans for customers exceeding the limits specified in point a of paragraph 2, paragraph 3, clause 4 and clause 8 of this circular 5Điều are treated as follows: a) the people's credit funds are not lending any more loans to the clients do not guarantee regulations the limit for loans until the meet rules of lending limits in art. 2, item 3, clause 4 and clause 5 article 8 of this circular;

b) the people's credit funds to build process, which contains the minimum contents of the following: (i) the list of customers and loans for individual customers exceed the limit;
(ii) measures and the plan handles to ensure rules, including the recovery of the debt, capital increasing.
Article 14. Handle after the transition period following the transition in process specified in this circular Điều12 or after the maximum time limit due to the Inspection Bureau, bank supervision where the people's credit fund is headquartered, State Bank branch in the city, where there is no inspection Bureau the banking supervision requirements, people's credit fund doesn't fix the violation, then depending on the extent, nature and risk monitoring, inspection Bureau, Bank, State Bank of India branch of the province, the city where no inspection Bureau, oversees the Bank applied the necessary processing measures including restructuring measures according to the provisions of the law , revoked the license for the people's credit funds.
Chapter IV IMPLEMENTATION article 15. The responsibilities of the units belonging to State Bank 1. Inspection Agency, responsible for banking supervision: a) coordinated with the Service Bureau in the State Bank of the State Bank Governor decide the people's credit funds must maintain the limit, rate safety as specified in clause 2 1 of this circular;
b) Inspection Bureau, bank supervision is responsible for: (i) the inspection, monitoring, handling for the violation of people's credit funds in the province, the city where the Ombudsman Bureau, bank supervision in the implementation of the provisions of this circular;
(ii) receiving internal regulations of the people's credit funds on the area, the people's credit funds required to edit additional internal regulations, as specified in paragraph 6 article 4 this circular;
(iii) evaluation process, additional requirements, modified the process of transition of people's credit funds (see process do not meet the requirements or not yet ensure viability) as defined in paragraph 2, point b article 12 paragraph 2 article 13 this circular;
(iv) Send internal rules, result evaluation process forward for State Bank branch to coordinate city, province in management, monitoring the implementation of the provisions of this circular of the people's credit funds.
2. State Bank of India branch of the province, central cities are responsible for: a) the inspection, monitoring, handling for the violation of people's credit funds in the province, the city where no inspection Bureau, bank supervision in the implementation of the provisions of this circular;
b) guide the people's credit funds in the implementation of the provisions of this circular;
c) receiving the internal regulations of the people's credit funds, require editing people's credit funds, additional internal regulations as defined in paragraph 6 article 4 this circular;
d) appraisal process, additional requirements, modified the process of transition of people's credit funds (see process do not meet the requirements or not yet ensure viability) as defined in paragraph 2, point b article 12 paragraph 2 article 13 this circular;
DD) on the basis of the inspection results, monitoring people's credit funds in petitioning the State Bank of the people's credit funds to maintain the application of the limit, rate safety as specified in clause 2 1 of this circular;
e) in coordination with the Ombudsman Bureau, bank supervision in the management, monitoring the implementation of the provisions of this circular of the people's credit funds.
Chapter V article 16 ENFORCEMENT TERMS. Effect 1. This circular effect since March 2016.
2. The following rules out effective: a) decision No. 1357/2005/QĐ-NHNN dated Jan. 6, 2005 about the issued "regulations on the ratio of safety in the operation of people's credit fund facility";
Article 37 paragraph 3 b) Circular No. 04/2015/TT-NHNN dated Jan. 31, 2015 regulations on people's credit funds.
Article 17. 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, General Director of the Cooperative Bank, Chairman of the Board, Director of the people's credit fund is responsible for implementation of this circular.