Circular No. 19/2012/TT-NHNN dated June 08, 2012 of the State Bank of Vietnam amending, supplementing some articles of the Circular No. 30/2011/TT-NHNN dated September 28, 2011 of the State Bank of Vietnam prescribing the ceiling interest rate for Vietnam-dong capital mobilizations of institutions, individuals at some credit institutions, foreign bank’s branches

CIRCULAR

AMENDING, SUPPLEMENTING SOME ARTICLES OF THE CIRCULARNO. 30/2011/TT-NHNN DATED SEPTEMBER 28, 2011 OF THE STATE BANK OF VIETNAM PRESCRIBING THE CEILING INTEREST RATE FOR VIETNAM-DONG CAPITAL MOBILIZATIONS OF INSTITUTIONS, INDIVIDUALS AT SOME CREDIT INSTITUTIONS, FOREIGN BANK’S BRANCHES

Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 of June 16, 2010;

Pursuant to the Law on credit institutions No. 47/2010/QH12, of June 16, 2010;

Pursuant to the Government’s Decree No. 96/2008/ND-CP, of August 26, 2008, on regulating functions, tasks, powers and organizational structure of the State Bank of Vietnam;

In furtherance of the Government s Resolution No. 1/NQ-CP of January 03, 2012 of the Government on major solutions for implementing the plan of economic and social development and state budget estimation in 2012,

At the proposal of Head of the Monetary Policy Department,

The Governor of the State Bank of Vietnam issue the Circular amending, supplementing some articles of the Circular No. 30/2011/TT-NHNN dated September 28, 2011 of the State Bank of Vietnam prescribing the ceiling interest rate for Vietnam-dong capital mobilizations of institutions, individuals at some credit institutions, foreign bank’s branches.

Article 1.Amending, supplementing some articles of the Circular No. 30/2011/TT-NHNN dated September 28, 2011 of the State Bank of Vietnam prescribing the ceiling interest rate for Vietnam-dong capital mobilizations of institutions, individuals at some credit institutions, foreign bank’s branches as follows:

“Article 1.Credit institutions shall fix annual interest rates, for mobilizing Vietnam-dong capital from institutions (other than credit institutions) and individuals including also sales promotion amounts in any form as follows:

1. Apply ceiling interest rate of 2%/year to non-term deposits and term deposits under 01 month.

2. Apply ceiling interest rate of 9%/year for term deposits from 01 month and above; particularly, grassroots People s Credit Funds may fix those annual interest rates not exceeding 9.5%.

3. Interest rate of term deposits from 12 months upwards is fixed by credit institutions and foreign banks basing on market capital supply and demand.

4. Deposits include forms of non-term deposits, term deposit, saving deposits, deposit certificates, promissory notes, bills and bonds and other forms of receiving deposits of institutions (other than credit institutions) and individuals in accordance with regulations at clause 13, Article 4 of the Law on Credit Institutions.”

Article 2. Organization of implementation

1. This Circular takes effect on June 11, 2012 and replaces the Circular and replaces theCircular No. 17/2012/TT-NHNN dated May 25, 2012 of the State Bank of Vietnam amending, supplementing some Articles of the Circular No. 30/2011/TT-NHNN dated September 28, 2011 prescribing the ceiling interest rate for Vietnam-dong capital mobilizations of institutions, individuals at some credit institutions, foreign bank’s branches

2. Any interest rate for Vietnam-dong deposits of institutions and individuals at credit institutions arising before the effective date of this Circular will be applied to the maturity date; in the case of overdue agreed time and institutions and individuals do not receive deposits, credit institutions will fix interest rate for deposits in accordance with regulations in this Circular.

3. The Banking Inspection and Supervision Agency and provincial-level branches of the State Bank of Vietnam shall examine, inspect and supervise the observance of the ceiling interest rate for Vietnam-dong capital mobilizations: and apply measures according to their competence to handle credit institutions violating this Circular.

4. The Chief of the Office, the director of the Monetary Policy Department and heads of units of the State Bank, directors of provincial-level State Bank branches: Boards of Directors and Directors General (Directors) of credit institutions and concerned institutions and individuals shall implement this Circular.