Thông tư 09/2011/TT-NHNN

CIRCULAR

PROVIDING FOR THE MAXIMUM INTEREST RATE APPLICABLE TO US$ CAPITAL MOBILIZATION FROM ORGANIZATIONS, INDIVIDUALS AT CREDIT INSTITUTIONS

THE GOVERNOR OF THE STATE BANK

- 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 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. 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;
- Implementing the Resolution No. 11/NQ-CP dated 24 February 2011 of the Government on main solutions focusing on restriction of inflation, stabilizing macro-economy, ensuring social security;
The State Bank of Vietnam hereby provides for the maximum interest rate applicable to USD capital mobilization from organizations, individuals at credit institutions and foreign banks’ branches (hereinafter referred to as credit institutions) as follows:

Article 1. Credit Institutions determines the maximum interest rate applicable to USD capital mobilization from resident organizations, individuals and non-resident organizations, individuals in the form of demand deposits, term deposits, savings deposits, issuance of deposit certificates, promissory notes, bills, bonds and other forms of deposit taking in accordance with provisions in paragraph 13, Article 4 of the Law on Credit Institutions:

1. For maximum interest rate applicable to USD capital mobilization from resident organizations, non-resident organizations (credit institutions excluded): to be of 1.0% per annum.

2. For maximum interest rate applicable to USD capital mobilization from resident individuals, non-resident individuals: to be of 3.0% per annum.

3. The maximum interest rate applicable to capital mobilization as stipulated in this Article shall include expenses for promotion in any form and be applied to the method of term- end interest payment/ interest payment on maturity; for other methods of interest payment, it shall be converted into the method of interest payment on maturity equivalent to the maximum interest rate applicable to capital mobilization.

Article 2. Credit institutions shall publically post interest rates applicable to USD capital mobilization at locations of capital mobilization (Head office, transaction departments, branches, transaction offices, savings funds) in accordance with provisions of the State Bank of Vietnam. It is strictly prohibited for credit institutions to carry out the promotion for capital mobilization in the form of cash, interest rate and other forms not in accordance with provisions of applicable laws and the provisions in this Circular.

Article 3. Implementing organization

1. This Circular shall be effective since 13 April 2011. The Circular No. 03/2010/TT-NHNN dated 10 February 2010 of the Governor of the State Bank providing for the maximum interest rate applicable to USD deposit of economic organizations at credit institutions shall cease its effectiveness.

2. For interest rates applicable to time USD deposit mobilized from organizations, individuals at credit institutions arising prior to the effective date of this Circular shall be carried out till the expiry of the term agreed upon by and between credit institutions and those organizations, individuals.

3. Banking Inspection, Supervision Department and State Bank branches in provinces, cities under the central Government's management shall carry out the inspection, supervision over the implementation of provisions on the interest rates applicable to USD capital mobilization; apply the measures within their authorities to deal with credit institutions which violate this Circular.

4. The Director of the Administrative Department, 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; Board of Directors and General Directors (Directors) of credit institutions, and related organizations, individuals shall be responsible for the implementation of this Decision.