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The Decision To 1081/2002/qđ-Nhnn: Currency State Credit Institutions Are Allowed To Operate Foreign Exchange

Original Language Title: Quyết định 1081/2002/QĐ-NHNN: Về trạng thái ngoại tệ của các tổ chức tín dụng được phép hoạt động ngoại hối

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The DECISION About the status of exchange of credit institutions are allowed to operate Foreign Exchange _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNOR of the STATE BANK pursuant to the law the State Bank of Vietnam no. 01/1997/QH10 on 12/12/1997;

Pursuant to Decree 15/CP on 02/3/1993 of the Government about the tasks, powers and responsibilities of the State management, ministerial bodies;

Pursuant to Decree 63/1998/ND-CP dated 17 August 1998 by the Government on Foreign Exchange Management;

At the suggestion of the Director of the Foreign Exchange Management;

Decision: article 1: scope and object to apply this decision regulates the status of exchange of credit institutions are allowed to operate in Vietnam foreign exchange (hereinafter referred to as the institutions), excluding joint venture banks and foreign bank branches, in order to limit the risk in currency trading activities of credit institutions.

Article 2: explanation of terms In this decision, the terms below are interpreted as follows: 1-the foreign currency is the currency of another country or a common currency.

2-raw status of a foreign currency is the difference between total assets and total liabilities in foreign currency, including the purchase and sale of foreign currency accounts to the corresponding table.

Exchange has a positive status when total assets Are greater than total liabilities (the English term is "longposition").

Foreign currencies have negative status when total assets Are less than the total liabilities (the English term is "Shortposition").

Foreign currencies balance status when the total assets by total liabilities (the English term is "squarephsition").

3-the exchange rate of a foreign currency is sold for immediate delivery rate between foreign currency transfer to Vietnam Dong of credit institutions at the end of the working day.

4-total foreign currency status is the status of the Exchange's status (after having converted by Vietnam Dong exchange rate status).

5-total foreign currency status is the status of the Exchange's status (after having converted Council of Vietnam by the exchange rate status).

6-capital letters of credit institutions apply according to the current rules of the Governor of the State Bank of the safety ratio in the activities of credit institutions.

Article 3: the time of defining the status of Exchange 1-last day Exchange status is determined at the end of the working day.

2-Exchange status last month was identified at the end of the last working day of the month.

Article 4: principle of a status calculated foreign currency.

1-Exchange status last July was calculated on the basis of the status of foreign currencies the previous day and the difference between the sales purchase, sales in August of Exchange, including spot trading and futures.

2-Exchange status last month was calculated on the basis of the balance at the end of the last working day of the month of the trading account Forex trading, foreign currency account sales from other sources, the account is committed to buy foreign currency for immediate delivery, the account is committed to sell foreign currency for immediate delivery , the account is committed to buy foreign currency and term account is committed to sell foreign currency.

3-Exchange status last month as basis for collation ensure accuracy of Exchange status last October.

Article 5: the principle of currency status 1-convert raw status of each Exchange to Council of Vietnam according to the exchange rate status.

2-the foreign currency status ocean together to calculate the total currency status. Plus the sound exchange status together threads of the status of Exchange.

Article 6: limitation of the status of Exchange and of the status of exchange of credit institutions.

1-total foreign currency status Ocean last November may not exceed 30% of the capital letters of credit institutions at that time.

2-total foreign currency on final status should not exceed 30% of the capital letters of credit institutions at that time.

3-In special cases, the Governor of the State Bank may consider allowing credit institutions be maintained the status of Exchange exceeds the limits specified in paragraph 1 and paragraph 2 of this Article.

Article 7: reporting status report of exchange of the credit organization must send about the State Bank (Foreign Exchange Management Services) according to the following time limits: 1-Before 13 h the next working day for Exchange status report late the previous day (form No. 1).

2-before 10 months later for Exchange status report late last month (form No. 2).

Article 8: handling offense 1-The violation of regulations the status of Exchange include:-violation of the limit of foreign currency and status of foreign currency status.

-Violation report: mode does not report the status of Exchange, do not report the time prescribed, the false reporting of metrics.

2-for the violations stipulated in paragraph 1 of this article, depending on the nature and extent of which can be processed according to the provisions on sanctioning administrative violations in the field of money and banking activities and the provisions of other relevant laws.

Article 9: the decision has effect after 15 days from the date of signing and replacing decision No. 18/1998/QD-NHNN7 on 10 January 1998 of the Governor of the State Bank issued regulations on foreign currency status for the credit institutions are allowed to operate foreign exchange.
Article 10: the Chief, the Director of the Foreign Exchange Management, Chief Inspector of the State Bank, the heads of the relevant units in the State Bank, Director of the State Bank branch, central cities, General Manager (Director) credit institutions are allowed to operate foreign exchange is responsible for the implementation of this decision.

 

INSTRUCTIONS SET FORM STATUS REPORT Of EXCHANGE 1. Sample 1: REPORTING FOREIGN CURRENCY TRADING and FOREIGN EXCHANGE on TỆHÀNG STATUS Types apply: TCTD allowed Forex trading Thờihạn to send: the slowest in 13 hours on the following day to report the previous day of Hìnhthức: by FAX to the Service QLNH, fax: 04-9343468 or 04-8268789.

Cáchlập form: part i. buying and selling foreign currency to customers in Vietnam TCTDchỉ statistics of transactions with customers between foreign currencies (USD, EURO, YEN) vớiVNĐ.

Giaodịch for immediate delivery: report by total sales buy, sell foreign currency to customers (no need to report the details of each transaction).

Giaodịch term: for every type of foreign currency, according to the report the total sales buy, sell chotừng about the term less than 31 days; from 31-120 days; from 120 to 180 days (no cầnbáo reports detailing each transaction).

Giaodịch SWAP: full report component deals on items for immediate delivery, kỳhạn in the buy/sell column respectively.

All transactions must be reported on the day of signing the contract (not report on contract giátrị).

Part II. Exchange status last October (cộngdồn sales method) (Note: foreign banks, Bank venture phảithực the content outlined in this section).

CộtMua (Sell): total sales purchase (sale) of Exchange with the client; buy (sell) ngoạitệ with the Bank; currency converter within the country and on the international market. (Including spot trading, futures and swap).

Other currencies: Cácngoại only report the Exchange with the AI value by 1% compared with the Capital letters Tỷgiá status: conversion With each foreign currency, is sold for immediate delivery rates moved khoảngiữa Exchange with USD TCTD's late in the day to work.

Trạngthái of a foreign currency calculated according to the method of incremental sales: TTNTt (%) = original + status status arises (Buy-Sell) * exchange rate status * 100% = AI (t – 1) +----------------------------------------------------------------


                                                 Own capital (USD) (côngthức 1) Note: on the day the decision is in effect, the original status identified TCTD (AI (t-1)) on the basis of form No. 2.

TổngTTNT Ocean: is the sum of the status of the Exchange's status.

TổngTTNT: is the sum of the status of the Exchange's status.

2. Sample 2: Exchange status report last month (number of dưTK methods) applicable Types: TCTD allowed Forex trading (except foreign nhánhNH and the genus NHLD) Thờihạn posted: the latest on the 10th of every month Hìnhthức: by FAX to the Service QLNH, fax: 04-9343468 or 04-8268789.

Cáchlập form: Trạngthái Exchange resources in the total balance on the account-4911, 9231.9232, 4921, 9233 and 9234. The account would have to have balance, taking the sign (+). The account would have the sốdư debt, took the sign (-).

Other currencies: Cácngoại only report the Exchange with the AI usually has a value of 1% compared to the vớiVốn self.

Hiệnnay, due to the accounting for foreign currency conversion operations in the country, quốctế have not unified between the Bank (for example, the majority of the banks this toánhoạt nodes through TK 491, song some banks only TK 499và 561 through accounting or accounting through TK 499 and 561 and moved into the dưtrên of TK when there were 491 491). So, form the new 2nd mention TK 491. During the thựchiện, if there are problems and obstacles, suggest the TCTD sent the proposals to NHNNvề how to obtain data by way of its own accounting to ensure tínhtheo AI method of account balance (model 2) reflects the variety of đổingoại transfers in the country.

Saukhi review of the recommendations of the SBV, TCTD will have unified the way the answer text lấysố whether the computer AI last March (form 2) to serve as a basis for the work of the Inspector-polygraph.

3. Compare and edit data, AI in the 01 and 02 on cuốitháng.

TTNTcuối, form 2 standard tuning to ensure the accuracy of the daily củaTTNT under model 1.

Vềnguyên, AI of each foreign currency compared to the VTC on the last day of thángtính by the method of incremental sales (part II of Form 1) is approximately equal to sốliệu AI than VTC computer account balance method in Model 2 (sai sốchút less due to the difference in exchange rate).

Trườnghợp has the wrong number in about 3%: TCTD manually adjust AI of TTNTtính data on there account balance method (the latest is November 10 monthly) and lấyđó do the original standard status for the next day.

Trườnghợp > 3% discrepancy: TCTD must have the written explanation, stating the reason dodẫn to the error, how to fix the error condition and recommendations; copper thờiđiều custom figures for accuracy.

Adjusting the data: E.G.: the table below is the status of Exchange dollar of NH A in cácngày from 27/9/02 to 3/10/02 by incremental sales method: on AI (t-1)% of the incurred status (%) 1



TTNT t%



27/09/02



+12%



+2%



+14%



30/09/02



+14%



+3%



+17%



01/10/02



+17%



-11%



+6%



02/10/02



+6%



-5%



+1%



03/10/02



+1%



-4%



- 3%



1)Trạng thái phát sinh được tính theo công thức:


                                           (Mua - Bán) * Tỷ giá quy đổi trạng thái * 100%

Trạng thái phát sinh = -----------------------------------------------------------------------------

                                                          Vốn tự có (VNĐ)


Đếnngày 3/10/02 2 , NH A has to calculate the AI of 30/9/02 by phươngpháp the account balance (model 2) is + 15% (error-2%) in comparison with the overwhelming number of sales phápcộng). Meanwhile, NH A self adjusting the AI again on 3/10/02: AI (3/10) has been adjusted = AI (3/10) + error =-4% + (-2%) =-5% Dovậy, AI (3/10) =-5% will be the original status to computer for AI on October 4,./.