Circular No. 19/2010/TT-NHNN dated September 27, 2010 of the State Bank of Vietnam on amendment, supplement of several Articles of the Circular No. 13/2010/TT-NHNN dated May 20, 2010 of the Governor of the State Bank providing for the prudential ratios in activities of credit institutions

CIRCULAR

ON AMENDMENT, SUPPLEMENT OF SEVERAL ARTICLES OF THE CIRCULAR NO. 13/2010/TT-NHNN DATED 20 MAY 2010 OF THE GOVERNOR OF THE STATE BANK PROVIDING FOR THE PRUDENTIAL RATIOS IN ACTIVITIES OF CREDIT INSTITUTIONS

STATE BANK OF VIETNAM

- Pursuant to the Law on the State Bank of Vietnam issued in 1997 and the Law on the amendment, supplement of several articles of the Law on the State Bank of Vietnam in 2003;

- Pursuant to the Law on Credit Institutions issued in 1997, the Law on the amendment, supplement of several articles of the Law on Credit Institutions issued in 2004;

- Pursuant to the Decree No. 96/2008/ND-CP dated 26 August 2008 of the Government providing for the functions, duties, authorities and organizational structure of the State Bank of Vietnam;

The State Bank of Vietnam (hereinafter referred to as the State Bank) hereby amends, supplements several Articles of the Circular No. 13/2010/TT-NHNN dated 20 May 2010 of the Governor of State Bank providing for the prudential ratios in activities of credit institution as follows:

Article 1. To amend several Articles of the Circular No. 13/2010/TT-NHNN dated 20 May 2010 of theGovernor of the State Bank providing for prudential ratios in activities of credit institutions:

1. Paragraph 2, Article 1 shall be amended as follows:

"2. Prudential ratios provided for in this Circular shall consist of:

a. The minimum capital adequacy ratio;

b. The credit limit;

c. The solvency ratio;

d. The limit on the capital contribution, share purchase;

đ. The ratio of credit extension against the mobilized capital source."

2. Point 1.1.c and Point 1.1.d, Paragraph 1, Article 12 shall be amended as follows:

"c) The balance of demand deposit, carrying amount of demand gold deposit at other credit institutions, except for the Bank for Social Policy;

d) The balance of time deposit, carrying amount of demand gold deposit becoming due at other credit institutions, except for the Bank for Social Policy;"

3. Section 5 shall be amended as follows:

"SECTION 5: RATIO OF CREDIT EXTENSION AGAINST THE MOBILIZED CAPITAL SOURCE

Article 18. Ratio of credit extension against the mobilized capital source

1. A credit institution shall only be authorized to use its mobilized capital source for credit extension provided that before and after the credit extension, all the ratios of solvency and other prudential ratios as provided for in this Circular are ensured and the credit extension against the mobilized capital source shall not be in excess of following ratios:

1.1. 80% for banks

1.2. 85% for non-banking credit institutions.

2. Credit extension as stated in Paragraph 1 of this Article shall include forms of loan provision, finance leasing, factoring, discount of valuable papers and assignment instruments.

3. Mobilized capital source as stated in Paragraph 1 of this Article shall consist of:

3.1. Deposits of individuals in forms of demand deposits, time deposits;

3.2. Time deposits of organizations including time deposits of other credit institutions and branches of foreign banks;

3.3. 25% of demand deposits of economic organizations (except for credit institutions).

3.4. Loans of domestic organizations, loans of other credit institutions with the term of 3 months and above (except for loans of other domestic credit institutions for making up temporary deficit for ratios of solvency as stipulated in Paragraph 1 of Article 14) and loans of foreign credit institutions;

3.5. Capital mobilized from organizations, individuals in the form of valuable paper issuance."

4. Appendix 2 on Table for following up ratios of solvency shall be amended as follows:

a. "Unit: million dong" shall be amended as "Unit: million dong/EUR/GBP/USD"

b. Stipulated limit: "higher than 1" at column (5) shall be amended as "higher than and equal to 1"

Article 2. Implementation effectiveness

1. This Circular shall be effective from 01 October 2010.

2. Any amendment of, supplement to and replacement of this Circular shall be decided upon by the Governor of the State Bank.

3. Director of Administrative Department, Chief Inspector of Banking Inspection and Supervision Agency, Heads of units of the State Bank, Managers of State Bank branches in provinces, cities under the central Government’s management; Chairman of Board of Directors and General Directors (Directors) of credit institutions shall be responsible for the implementation of this Circular.