Decision No. 47/2006/QD-NHNN dated December 25, 2006 of the State Bank on the amendment, supplement of several articles of the Regulation on savings deposits issued in conjunction with the Decision No. 1160/2004/QD-NHNN dated September 13, 2006 of the Governor of the State Bank

DECISION

ON THE AMENDMENT, SUPPLEMENT OF SEVERAL ARTICLES OF THE REGULATION ON SAVINGS DEPOSITS ISSUED IN CONJUNCTION WITH THE DECISION NO. 1160/2004/QD-NHNN DATED 13/9/2006 OF THE GOVERNOR OF THE STATE BANK

THE GOVERNOR OF THE STATE BANK

- 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 issued in 2003;

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

- Pursuant to the Decree No. 52/2003/ND-CP dated 19/5/2003 of the Government providing for the functions, assignments, authority and organizational structure of the State Bank of Vietnam;
Upon the proposal of the Director of the Monetary Policy Department,

DECIDES:

Article 1. To amend, supplement several articles of the Regulation on savings deposits issued in conjunction with the Decision No. 1160/2004/QD-NHNN dated 13/9/2004 of the Governor of the State Bank as follows:

1. Paragraph 9 in Article 6 shall be amended, supplemented as follows:

“9. Time savings deposit is the savings deposit that a depositor makes agreement with the savings deposit receiving organization about a certain deposit term”.

2. Point a Paragraph 1 in Article 8 shall be amended, supplemented as follows:

“a. Depositors shall directly perform deposit transactions at a savings deposit receiving organization and present following documents:

- Identity card or passport of which the effective term has not yet expired for depositors, who are Vietnamese individuals; passport together with visa of which the effective term has not yet expired for depositors, who are foreign individuals; if those depositors are exempted from the visa in case of immigration in accordance with provisions of applicable laws on immigration, a passport with the remaining effective term is required.

- For depositors, who are administrators or legal representatives, apart from the presentation of identity card or passport of which the effective term has not yet expired, documents proving the status of the lawful administrators and representatives of under-age persons, persons who have lost the civil act capability, persons whose civil act capability is limited, shall be required.

- For the individual who is fully fifteen to under eighteen, but has own assets, in addition to the identity card or passport with effective term, he also has to present documents proving that deposits at the bank is his own assets, such as documents on the inheritance, donation or other documents proving the amount deposited at the bank to be his own assets.”

3. Point c Paragraph 1 in Article 15 shall be amended, supplemented as follows:

“c. Vietnamese individuals are required to present identity card or passport with effective term; depositors who are foreign individuals are required to present passport together with visa of which the effective term has not yet expired; if those depositors are exempted from the visa in case of immigration in accordance with provisions of applicable laws on immigration, a passport with the remaining effective term is required”

4. Paragraph 2 and Paragraph 3 in Article 16 shall be amended, supplemented as follows:

“2. In the event where the depositors, who have a demand for the withdrawal of savings deposit before the maturity date, fully satisfy provisions in Paragraph 1, Article 16, they shall be entitled to enjoy interests according to provisions of the savings deposit receiving organization.

3. In the event where the depositors, who have a demand for the withdrawal of savings deposit before the maturity date, fail to satisfy provisions in Paragraph 1, Article 16, the savings deposit receiving organization may permit them to withdraw the deposit before the maturity date. In this case, the depositors shall be entitled to enjoy the interest in accordance with provisions in Paragraph 2 Article 16; the saving deposits receiving organization shall be entitled to stipulate the fee level for the deposit which is withdrawn before the maturity date.”

5. Paragraph 2 Article 21 shall be amended, supplemented as follows:

“2. When using the savings card as mortgage asset, the owner or co-owner of the savings deposit must undertake that in case where the debt repayment term expires but he fails to make repayment of debt, the lending credit institution shall have the right to request the savings deposit receiving organization to transfer the savings deposit of the borrower to the lending credit institution for the debt collection.”

6. Paragraph 1 Article 22 shall be amended, supplemented as follows:

“1. The savings deposits receiving organization may stipulate the fee level for the receipt or payment of the savings deposits.”

Article 2. This Decision shall be effective after 15 days since its publication in the Official Gazette.

Article 3. Savings deposits deposited before the effective date of this Decision, but do not yet become due, the savings deposits receiving organization and the depositors shall continue complying with the committed agreements till the maturity date of the savings deposits or parties may make agreement to comply with provisions of this Decision.

Article 4. Director of Administrative Department, Heads of units of the State Bank; Manager of State Bank branches in provinces, cities under the Central Government’s management; Chairperson of the Board of Directors, General Director (Director) of savings deposits receiving organizations and depositors shall be responsible for the implementation of this Decision.