Thông tư 06/2014/TT-NHNN

CIRCULAR

PROVIDING FOR THE MAXIMUM INTEREST RATE APPLICABLE TO USD DEPOSITS OF ORGANIZATIONS, INDIVIDUALS AT CREDIT INSTITUTIONS

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

- Pursuant to the Law on Credit Institutions No. 47/2010/QH12 dated 16 June 2010;

- Pursuant to the Ordinance on Foreign Exchange No. 28/2005/PL-UBTVQH11 dated 13 December 2005;

- Pursuant to the Ordinance on Foreign Exchange No. 06/2013/UBTVQH13 on the amendment of, supplement to several Articles of the Ordinance on Foreign Exchange No. 28/2005/PL-UBTVQH11 dated 13 December 2005;

- Pursuant to the Decree No. 160/2006/ND-CP dated 28 December 2006 of the Government providing in details for the implementation of the Ordinance on Foreign Exchange;

- Pursuant to the Decree No. 156/2013/ND-CP dated 11 November 2013 of the Government providing for the functions, duties, authorities and organizational structure of the State Bank of Vietnam;

- Upon proposal by the Director of Monetary Policy Department

The Governor of the State Bank of Vietnam hereby provides for the maximum interest rate applicable to USD deposits of organizations, individuals at credit institutions as follows:

Article 1.

1. Credit Institutions, foreign bank branches (hereinafter referred to as credit institutions) shall apply interest rate applicable to USD deposits that is not higher than the maximum interest rate as announced by the Governor of the State Bank from time to time for:

a) Deposits of entities (excluding credit institutions);

b) Deposits of individuals.

2. Deposits shall include such forms as demand deposits, term deposits, savings deposits, deposit certificates, bills of exchange, bills, bonds and other forms of deposits received from entities (other than credit institutions), individuals in accordance with provisions in Clause 13 Article 4 of the Law on Credit institutions.

Article 2. The maximum interest rate applicable to deposits as stipulated in Article 1 shall include payments for sale promotion in any form and be applied to the method of term-end interest payment and other methods of interest payment that are converted into the method of term-end interest payment.

Article 3. Credit institutions shall publicly post interest rates applicable to USD deposits at locations of deposit taking in accordance with provisions of the State Bank of Vietnam. It is strictly prohibited for credit institutions, in taking deposits, to offer sale promotion in any form (in cash, interest rate or other forms) that is contrary to provisions of applicable laws and of this Circular.

Article 4. Implementation organization

1. This Circular shall become effective from 18 March 2014 and replace the Circular No. 14/2013/TT-NHNN dated 27 June 2013 of the Governor of State Bank of Vietnam providing for the maximum interest rate applicable to USD deposits of organizations, individuals at credit institutions.

2. For interest rates applicable to term USD deposits of entities, individuals at credit institutions arising prior to the effective date of this Circular shall be implemented until the expiry of the term; in the event where at the end of the agreed term, if the entities, individuals do not come for withdrawal, then the credit institutions shall apply interest rates for deposits in accordance with provisions of this Circular.

3. The Banking Inspection and Supervision Agency and State Bank's branches in provinces, cities under the central Government's management shall examine, inspect and supervise the implementation of provisions on the interest rates applicable to USD deposits; take the measures within their authorities to deal with credit institutions which violate this Circular.

4. Director of State Bank’s Office, Director of the Monetary Policy Department and Heads of units of the State Bank of Vietnam, General Managers of the State Bank’s branches in provinces and cities under the central Government’s management; Chairman of the Board of Directors, Chairman of Board of Members and General Directors (Directors) of credit institutions, foreign bank branches shall be responsible for organizing the implementation of this Circular.