Thông tư 22/2011/TT-NHNN

CIRCULAR

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

- In response to the Resolution No. 11/NQ-CP dated 24 February 2011 of the Government on key solutions for inflation restraint, macro-economic stability and social security;

The State Bank of Vietnam (hereinafter referred to as the State Bank) hereby amends, supplements some articles of the Circular No. 13/2010/TT-NHNN dated 20/5/2010 of the Governor of the State Bank on prudential ratios in activities of credit institutions (hereinafter shortly referred to as the Circular No. 13), which was already amended, supplemented at the Circular No. 19/2010/TT-NHNN dated 27/9/2010 on the amendment of, supplement to several articles of the Circular No. 13 (hereinafter shortly referred to as the Circular No. 19) as follows:

Article 1. To amend, supplement several articles of the Circular No. 13 and Circular No. 19

1. To abolish Item dd Paragraph 2 Article 1 of the Circular No. 13 (which was already amended, supplemented in Paragraph 1 Article 1 of the Circular No. 19).

2. To amend Item 5.2 Paragraph 5 Article 5 of the Circular No. 13 as follows:

"5.2. Assets with risk coefficient to be 20% shall include:

a) Claims on other domestic and overseas credit institutions, including claims in foreign currency;

b) Claims in Vietnamese Dong on People’s Committee in provinces, cities under the central Government’s management; claims in foreign currency on Vietnam Government, the State Bank;

c) Claims in Vietnamese Dong which are secured by valuable papers issued by the very credit institution; Claims in Vietnamese Dong which are secured by valuable papers issued by other credit institutions established in Vietnam;

d) Claims in Vietnamese Dong on state-owned financial institutions; claims in Vietnamese Dong which are secured by valuable papers issued by state-owned financial institutions;

dd) Precious metal (excluding gold), precious stones;

e) Claims on international financial institutions and claims which are guaranteed for payment by these institutions or secured by securities issued by these institutions;

g) Claims on banks which are established in OECD countries and claims which are guaranteed for payment by these banks;

h) Claims on securities companies which are established in OECD countries complying with agreement on capital management and supervision on the risk basis and claims which are guaranteed for payment by these companies;

i) Claims on banks which are established in countries other than OECD countries with remaining term of less than 1 year and claims with remaining term of less than 1 year which are guaranteed for payment by these banks."

3. To amend Item 5.3 Paragraph 5 Article 5 of the Circular No. 13 as follows:

"5.3. Asset with risk coefficient to be 50% shall include:

a) Claims in foreign currency on People's Committee of provinces, cities under the central Government's management;

b) Claims in foreign currency which are secured by valuable papers issued by the very credit institution; claims in foreign currency which are secured by valuable papers issued by other credit institutions that are established in Vietnam;

c) Claims in foreign currency on state-owned financial institutions; claims in foreign currency which are secured by valuable papers issued by state-owned financial institutions;

d) Investments in projects under contracts of finance companies in line with provisions of laws on the organization and operation of finance companies;

b) Claims fully secured by houses, land use right, house tied to land use right of the borrower or these assets are leased by the borrower, but the lessee agrees that the lessor may use the properties for pledge during the lease period."

4. To abolish the Section 5 of the Circular No. 13 (that was already amended, supplemented in Paragraph 3 Article 1 of the Circular No. 19).

Article 2. Implementation effectiveness

1. This Circular shall be effective from 01 September 2011.

2. 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, Chairman of Board of Members and General Directors (Directors) of credit institutions shall be responsible for the implementation of this Circular.