Advanced Search

Decision 1999/297/qd-Nhnn5: On The Issued "regulations On The Ratio Of Safety In The Operation Of Credit Institutions"

Original Language Title: Quyết định 297/1999/QĐ-NHNN5: Về việc ban hành "Quy định về các tỷ lệ bảo đảm an toàn trong hoạt động của tổ chức tín dụng"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The DECISION of the GOVERNOR Of the STATE BANK issued "regulations on the ratio of safety in the operation of credit institutions" Governor STATE BANK-pursuant to the law the State Bank of Vietnam no. 01/1997/QH10, credit institutions and law No. 02/1997/QH10 on 12 December 1997;
-Pursuant to Decree No. 15/CP dated 2 March 1993 the Government duties, powers and responsibilities of the State management, ministerial bodies;
-At the suggestion of the Director of the banking and non-banking credit organization, article 1: DECISION attached to this decision, "regulations on the ratio of safety in the operation of credit institutions".
Article 2: this decision has the effect after 15 days from the date of signing. The provisions in the following text are related to the "regulations on the ratio of safety in the operation of the credit organization" attached to this decision enforceable: 1. "security regulations in currency trading-credit for credit institutions" issued decision No. 107/QD-NH5 9 June 1992 of Governor State Bank;
2. Circular No. 09/TT-NH5 on July 6, 1992 the State Bank Governor's instructions to "ensure safety regulation in currency trading-credit for credit institutions".
Article 3: Chief, Director General, banking and non-banking credit organization, heads of units of the State Bank, Director of the State Bank branch, city, Chairman of the Board, General Director (Director) credit institutions responsible for the implementation of this decision.
REGULATIONS on the RATIO of SAFETY in the OPERATION of the CREDIT INSTITUTION (attached to decision No. 297/1999/QD-NHNN5 dated 25 August 1999 of the Governor of the State Bank) I-GENERAL PROVISIONS article 1. Credit institutions operating in Vietnam have to regularly maintain the security rate according to the regulations, including: 1. the maximum rate of short-term capital is used for medium-term and long-term loans.
2. The rate of pay.
3. secure the minimum capital ratios.
II-SPECIFIC PROVISIONS Section I The MAXIMUM RATE Of SHORT-TERM CAPITAL Is USED For MEDIUM-TERM And LONG-TERM LOANS.
Article 2.
1. the maximum rate of short-term capital is used for medium and long-term loans to credit institutions were as follows: a. the State credit institutions: 25% b. Credit institutions: 25% joint venture c. foreign bank branch: 25% d. non-bank credit organization 100% foreign capital : 25% preferred stock credit institutions of the State and the people: 20% e. Credit institutions: 10% 2. Short term capital of credit institutions are used for medium and long-term loans include: a. non-term deposits, term of under 12 months by other credit institutions;
b. non-term deposits, term of under 12 months of individual organizations;
c. non-term saving deposits and has a duration of 12 months under the individual;
d. domestic mobilization of resources in the form of issuing short-term valuable papers.
Article 3. After this decision has the effect, credit institutions, short-term capital rate used for the medium term and long term loans is higher than the maximum rate prescribed in clause 1 article 2 this regulation does not continue to use short-term capital to middle-and long-term loans which must take measures to increase the mobilization of capital within the framework of regulations debt collection law, the medium-term and long-term loans according to the repayment term of the loan to within 3 years to this rate decreases to fit the rules.
The case of credit institutions to use short-term capital to medium-term and long-term loans as directed by the Government, made under the provisions of the Bank as the Government indicated.
SECTION II the PROPORTION of PAY article 4.
1. The end of the working day, credit institutions must maintain for the next working day minimum rate equal to 1 between property "There" can pay now compared to the property type "debt" to pay immediately.
2. The assets "Have" immediate payment can include: a. cash;
b. cheque payment also worth in circulation;
c. gold, precious metals, precious stones can sell right away;
d. deposits in State banks (except mandatory reserve deposits);
Sync non-term deposits (original, interest rates) in other credit institutions in the country and abroad;
e. term deposits at other credit institutions in the country and abroad come to maturity (original, interest);
g. 95% maximum loans for credit institutions to limit debt collection;
h. maximum of 90% of the loans for individual organizations to limit debt collection;
i. the types of valuable papers or payment due can be sold outright or can offer discount, discount of republished at the State Bank;
k. the revenues from the commitment to buy, to sell foreign currency to the term limit;
l. due the currency.
3. Property "debt" to pay right away include: a. a minimum 15% deposit non-term of individual organizations;
b. the term of deposit held, personal payment due (root, interest);
c. a minimum 15% deposit non-term of the individual;
d. term savings deposits of the individual payment due (root, interest);
preferred's loans to other credit institutions to repay (root, interest);
e. valuable papers by credit institutions issuing payment due (root, interest);
g. The accounts payable in the commitment to sell, to buy foreign currency to the term limit;
h. amount change in profession and guarantee payment, L/C;
i. the loan amount according to the backup credit line;
k. other amounts due.
 
Article 5. Credit institutions difficulty when making the determination of the rate of pay prescribed in article 4 of this regulation must have resolved the State Bank Governor, review the decision.
SECTION III SAFE MINIMUM CAPITAL RATIO of article 6.
1. Credit institutions (excluding foreign bank branches) to maintain the minimum 8% ratio between capital letters than the property "There", including the commitment of foreign tables, is adjusted according to the level of risk Capital available and property order. "there are" risks are determined according to the provisions of article 7 and article 8 of this regulation.
2. At the time of the decision to effect the implementation, credit institutions have varying minimum capital safety ratio is lower than the level specified in paragraph 1 of this article, within a period of 3 years from the date of this decision to that effect must increase the rate of safe minimum capital equal to the prescribed percentage rate. The minimum annual rate by a third (1/3) of the missing percentage.
Article 7.
1. own Capital of credit institutions include: capital (which had been granted, which has contributed) and the additional reserves fund capital.
2. The provisions in paragraph 1 of this article will be changed accordingly with the activities of the credit institution and the provisions of article 20 of the law on credit institutions.
3. The total capital of a credit institution's investment in other credit institutions in the form of capital contribution, purchase of shares are deducted from own capital when calculating the safety ratio in this regulation.
Article 8.
The property "There", including the commitment of foreign tables, is adjusted according to risk level (hereinafter referred to as the "property Has" risks) include the value of the property "Have" internal table is adjusted according to risk level (hereinafter referred to as the "property has the" internal risk table) and values the commitment of foreign tables are adjusted according to the level of risk (hereinafter referred to as Member "Yes," foreign exchange risk the table).
-Property "Have" internal risk table was determined on the basis of the value of each property "Have" internal table and (with) the level of risk assets "Have" are defined in article 10 of this regulation.

-Property "Has" no foreign exchange risk the Board identified, first move the committed foreign table property value to "Yes" to the corresponding table Cabinet according to the conversion factor specified in article 9 of this regulation, then is determined according to the risk level was defined in article 10 of this regulation.
Article 9.
Conversion coefficient of foreign commitments table 1. Foreign Exchange commitment the Board has 100% conversion factor: a. the loan guarantee;
b. the guarantee payment.
2. foreign exchange commitments the Board has the 50% conversion factor: a. guarantee the implementation of the contract;
b. the tender guarantee;
c. The form of guarantee for the organization or individual;
d. commitments payments L/C. 3. Foreign Exchange commitment the Board have a 2% conversion factor: commit to buy, sell, exchange rate.
Article 10. The assets "Are" internal table and asset value "Yes" of the respective table Cabinet committed to foreign tables are grouped according to the risk level as follows: 1. property Group "There", there is a 0% level of risk include: a. cash, cheque payments worth in circulation;
b. gold;
c. deposit at the State Bank of Vietnam;
d. papers are by the State Bank of Vietnam, the Government of Vietnam released, guarantee;
preferred loan secured by savings deposits in credit institutions;
e. loan secured by valuable papers by the credit organization released;
g. loan secured by the paperwork by the State Bank of Vietnam, the Government of Vietnam released, guarantee;
h. Vietnam government loan guarantee.
2. Group Properties "There", there is a 20% level of risk, including: a. deposit at other credit institutions in the country and abroad;
b. papers are by the provincial government, the city guarantee, other credit organization released;
c. loan from the trust funds;
d. loans secured by valuable papers by the provincial government, the city guarantee, other credit organization released;
timer for loans to other credit institutions have warranties, no guarantees;
e. loans are credit institutions guarantee;
g. financial leasing Accounts for credit institutions.
3. Group Properties "There", there is a 50% level of risk.
4. Group Properties "There", there is a 100% level of risk, including: a. loan mortgage real estate, pledge of other property, there is the guarantee of the Organization, the other individual prescribed by law;
b. unsecured loans;
c. financial leasing Accounts for individuals;
d. financial leasing Accounts for other organizations;
preferred stake, bought shares of enterprises;
e. the value of assets "Have" internal table of guarantee, pledge payments in L/C, commit to buy, sell, exchange the term;
g. The property "There" (minus the stake, bought shares of other credit institutions).
III-terms of the IMPLEMENTATION of article 11. Credit institutions to report the compliance rate of active safety provisions in this regulation according to the mode of information reported by the State Bank.
Article 12. Credit institutions violate the provisions of this regulation, depending on the level of violation, would be sanctioning administrative violations.
Article 13. The amendments and supplements to the provisions of this regulation because the State Bank Governor decided.