CIRCULAR additional amendments to some articles of the circular No. 21/2012/TT-NHNN on 18/6/2012 of the Governor of the State Bank regulations on lending, borrowers; buy, sell term papers are priced between 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;
At the suggestion of the Director of monetary policy;
The Governor of the State Bank issued a circular amending and supplementing a number of articles in circular No. 21/2012/TT-NHNN on 18/6/2012 of the Governor of the State Bank regulations on lending, borrowers; buy, sell term papers are priced between credit institutions, branches of foreign banks (hereinafter the circular 21/2012/TT-NHNN).
Article 1. Amendments and supplements to some articles of the circular 21/2012/TT-NHNN DATED JAN. 1. Additional amendments article 2 as follows: "article 2. Application object 1. The object to be lenders, borrowers, including: credit institutions are commercial banks, finance companies, financial leasing companies, policy banks, cooperative banks, the people's credit funds, microfinance institutions; foreign bank branches operating in Vietnam under the provisions of the law on credit institutions.
2. The object is purchasing, selling paper term papers include: credit institutions are commercial banks, finance companies, financial leasing companies, policy banks, cooperative bank; foreign bank branches operating in Vietnam under the provisions of the law on credit institutions. "
2. Amendments, supplements article 4 as follows: "article 4. General principles of loan transactions, borrowers; buy, sell valuable papers term (the transaction) 1. Credit institutions, branches of foreign banks make deals when: a) in compliance with the provisions of this circular and the rules of the Organization, the activities of credit institutions, branches of foreign banks;
b) internal regulations on business processes, process risk management for lending activities, the borrowers (minimum include provisions on credit evaluation process, clients determine the lending limit, transaction process for the borrower, lenders apply to each form of specific transactions) and buy , term papers for sale are priced between credit institutions, foreign bank branch, consistent with the provisions of this circular;
c) not applicable state banking restrictions, suspension, suspension from the performance of active loans, borrowers; buy, sell term papers are priced between credit institutions, foreign bank branch at the time of transaction execution.
2. In addition to the principles specified in paragraph 1 of this article, at the time of loan transactions, credit institutions, branches of foreign banks must be free of overdue debts from 10 days or more in credit institutions, other foreign bank branch, except in the following cases : a) credit institutions are controlled specifically made to transactions under the plan to consolidate the Organization and operation of credit institutions are special control was approved;
b) credit institutions are in the process of restructuring was made to transactions under the scheme restructuring the Organization and operation of credit institutions has been approved by the State Bank (if any). "
3. Amendments, supplements article 8 paragraph 1 as follows: "1. In compliance with the principles prescribed in article 4 of this circular."
4. additional amendments clause 1 and clause 3 article 11 as follows: "1. The interest rate for loans by credit institutions, branches of foreign banks."
"3. The interest rate applicable to outstanding overdue root due to the credit institutions, branches of foreign banks in the loan contract agreement but does not exceed 150% of the loan interest rate in term; The interest rate applicable to the amount of interest paid by the slow credit institutions, branches of foreign banks in the loan contract agreement but does not exceed 10% per year. "
5. Modify the d item 2 article 16 as follows: "d) immediately report in writing on the State Bank (transaction, inspection agency, monitoring the Bank) if when to repay that the borrower does not perform properly, follow the obligations of full commitment."
6. Modify Article 18 paragraph 1, add the following: "1. In compliance with the principles prescribed in article 4 of this circular."
7. Amendments, supplements article 19 paragraph 1 as follows: "1. Commercial banks, financial companies, banks, cooperative banks, branches of foreign banks are buying, selling term papers have the following prices: a) bills the State Bank;
b) Government bonds;
c) bonds are government guarantees;
d) of local government bonds;
valuable papers) by credit institutions, branches of foreign banks released (including valuable papers by the credit institutions, branches of foreign banks released) according to the regulations of the Bank;
e) kinds of bills, promissory notes, bonds issued by other organizations. "
8. modifications, additional item 2 Article 23 as follows: "2. The credit institutions, branches of foreign banks determine the purchase price, the purchase price for each transaction on the basis of the interest in buying, selling, buying term agreed, the term rest of valuable papers and other relevant information.
The acquisition price is calculated according to the formula: price = acquisition purchase price x (1 + interest bought x term buy, sell on the fact of the year/number of made deals). "
9. Amendments, supplements article 27 as follows: "article 27. Implementation 1. The responsibility of monetary policy: the clue to handle issues and problems related to the implementation of the provisions of this circular.
2. The liability of the transaction: track, general implementation of deposit operations, receiving deposits; loans, borrowers; buy, sell term papers are priced between credit institutions, branches of foreign banks under the provisions of this circular and the rules on reporting statistics of State banks; Publication of the information about the transactions in accordance with the regulations on the provision of information by the State Bank.
3. The liability of the Agency inspection, monitoring Bank: a) guide the credit institutions, branches of foreign banks to conduct the sort of debt, establish risk prevention and the safety assurance rate of activities of credit institutions, branches of foreign banks for the loan and purchase , term papers for sale are priced;
b) testing, inspection, monitoring the implementation of the provisions of this circular and handle the violations by the authority;
c) provided as soon as the text of the State Bank for monetary policy, and other related information on: (i) credit institutions, branches of foreign banks were Bank measures limiting, suspending, temporarily suspended lending operations implementation , borrowers; buy, sell term papers are priced between credit institutions, branches of foreign banks;
(ii) credit institutions are special control is done by trading options to consolidate the Organization and operation of credit institutions are special control was approved;
(iii) credit institutions are in the process of restructuring was made to transactions under the scheme restructuring the Organization and operation of credit institutions has been approved by the State Bank (if any).
4. Responsibilities of financial-accounting: accounting guide activities related to lending transactions, borrowers; buy, sell term papers are priced between credit institutions, foreign bank branch, consistent with the provisions of this circular.

5. Liability of the Bank branch, central cities: test, inspection, monitoring the implementation of the provisions of this circular and handle the violations under the authority.
6. The responsibility of the credit institutions, branches of foreign banks when engaging in transactions: perform statistical reporting in accordance with the State Bank apply to credit institutions, branches of foreign banks. "
10. Amendments, supplements point b paragraph 3 to article 28 as follows: "b) at the time of transaction deposits, credit institutions, branches of foreign banks must be free of overdue debts from 10 days or more in credit institutions, other foreign bank branch, except in the following cases (i) credit institutions are special control is done by trading options to consolidate and organize the activities of credit institutions are special control was approved;
(ii) credit institutions are in the process of restructuring was made to transactions under the scheme restructuring the Organization and operation of credit institutions, branches of foreign banks have been approved by the State Bank (if any). "2. Effect 1. This circular effect since 22/8/2016.
2. Annuls Article 1 paragraph 3 and paragraph "b) at the time of transaction deposits, credit institutions, branches of foreign banks must be free of overdue debts from 10 days or more in credit institutions, other foreign bank branches, except the Governor allowed State Bank deposits" in point b of Article 13 paragraph 1 circular No. 01/2013/TT-NHNN on 07/01/2013 amending and supplementing a number of articles in Circular 21/2012/TT-NHNN.
3. Transactions made prior to the date of this circular are enforceable on the basis of the contract of loan, borrower; buy, sell term papers are the price and the deposit contract signed between the deposits of credit institutions foreign bank branch, the credit institutions, branches of foreign banks was conducted in accordance with the signed agreement; the case of the revised agreement supplements must be compatible with the provisions of this circular.
4. Office, Director of monetary policy, the heads of the relevant units in 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.