Decision No. 1747/2005/QĐ-NHNN amending and supplementing certain provisions of the statistical reporting regime applicable to units under the State Bank of Vietnam and credit organizations issued pursuant to Decision No. 477/2004/QĐ-NHNN dated April 28, 2004, of the Governor of the State Bank of Vietnam.

DECISION OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

Regarding amendments and supplements to certain provisions of the Statistical Reporting System applicable to units under the State Bank of Vietnam and credit organizations issuedtogether with Decision No. 477/2004/QĐ-NHNN dated April 28, 2004 Pursuant to the Law on Credit Organizations 1997 and the Law Amending and Supplementing Certain Provisions of the Law on Credit Organizations 2004; of the Governor of the State Bank of Vietnam

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam 1997 and the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam 2003;

Pursuant to the Statistics Law 2003;

Pursuant to Decree No. 52/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Considering the proposal of the Director of the Monetary Policy Department,

Amend and supplement certain provisions of the Statistical Reporting System applicable to units under the State Bank of Vietnam and credit organizations issued pursuant to Decision No. 477/2004/QĐ-NHNN dated April 28, 2004 of the Governor of the State Bank of Vietnam (hereinafter referred to as the Statistical Reporting System) as follows:

DECISION:

Article 1. 1. Points b and f Clause 1 Article 11 shall be amended as follows:

"b. Weekly report: units submit the reporting indicators no later than 14:00 on the first working day of the following week"

"f. Six-monthly report: units submit the reporting indicators no later than the 30th day of the month immediately following the reporting period."

2. Clauses 1, 2, 4, and 6 Article 13 shall be amended as follows:

"1. The Monetary Policy Department: group of indicators 1A.1, 1A.3, 1A.4, 1A.6, 1B.1, 1B.3, 1B.4, 1B.6, 1C.1 (indicator 13), 1E, 1H, 2A, 2B.2, 3, 4A, 4D, 8B."

"2. The Credit Department: group of indicators 1A.2, 1A.5, 1B.2, 1B.5, 1C.1 (from indicator 1 to 12), 1C.2, 1G, 8A."

"4. The Banking Inspection Department: group of indicators 7, 9A.4, 9A.5, 9A.6, 9B, 9D (from indicator 3 to indicator 12), 9E."

"6. The Foreign Exchange Management Department: group of indicators 5, 6, 10, 11, 12."

3. Add Clause 9 to Article 13 as follows:

"9. The Payment Department: group of indicators 4B, 4C."

"In addition to the responsibilities set forth in Articles 12, 13, and 14, the Banking Inspection Department has the responsibility to inspect the compliance with this System by credit organizations and to impose administrative penalties on credit organizations for non-compliance with this System in accordance with the law."

(i) Loans and financial leasing (including loans and financial leasing to other credit institutions and branches of foreign commercial banks in Vietnam), except:

Amend, supplement, and abolish certain indicators in Group 1 "Credit Activities" in Appendix 1 and related guidance in Appendix 2 of the Statistical Reporting System as follows:

Article 2. 1. Amend the content of indicators 1A.1, 1A.3, 1A.5, 1A.6, 1B.1, 1B.3, 1B.5, 1B.6, 1C.1, 1C.2, 1E.

2. Abolish indicators 1A.7, 1A.8, 1B.7, 1B.8, 1B.9, 1C.3.

3. Amend the reporting frequency from "monthly" to "quarterly" for indicators 1A.2, 1B.2. These groups of indicators reflect the balance of secured credit loans to each economic sector or type of economic activity at the end of the reporting quarter.

4. Amend Indicator 1H as follows:

a) Amend the content of Indicator 1H.

b) Amend the reporting frequency from "weekly" to "weekly, monthly" for Indicator 1H.

c) The deadline for weekly reports for Indicator 1H shall be implemented according to Clause 1 Article 1 of this Decision.

The deadline for weekly reports for Indicator 2A in Group 2 "Funding Mobilization" in Appendix 1 and related guidance in Appendix 2 of the Statistical Reporting System shall be implemented according to Clause 1 Article 1 of this Decision.

Article 3. Amend, supplement, and abolish certain indicators in Group 4E in Group 4 "Payment Services and Cash Reserves" in Appendix 1 and related guidance in Appendix 2 of the Statistical Reporting System as follows:

Article 4. 1. Amend the reporting frequency from "monthly" to "daily" for certain indicators as follows:

a) Indicator 10 in Group 4E.1.

b) Indicator 10 in Group 4E.2.

c) Indicators 3 and 6 in Group 4E.3.

d) Indicators 11, 14, 17 in Group 4E.4. The indicators mentioned in points a, b, c, and d of this Clause reflect the reserve funds for issuance or operational funds for issuance for each type of currency at the end of the reporting day.

2. Amend and abolish certain indicators in Group 4E.5 as follows:

a) Amend the content of Indicators 1 and 2 in Group 4E.5.

b) Abolish Indicators 3, 4, 5, 6, 7 in Group 4E.5.

Amend, supplement, and abolish certain indicators in Group 5 "Foreign Exchange Operations" in Appendix 1 and related guidance in Appendix 2 of the Statistical Reporting System as follows:

Article 5. 1. Amend the content of certain indicators in Group 5A.1 as follows:

a) Amend the content of Indicators 13, 14, 15, 22, 23, 24, 29, 30.

b) Amend the content of Note 3 in the instructions for establishing the original indicators 5A.1 in Section 5, Part 4, Appendix 2 as follows:

"Indicators 29, 30 reflect the total turnover of exchange transactions between foreign currency xx and VND where the longest term of the exchange transaction is over 90 days."

2. Amend and supplement indicators in Group 5A.6 as follows:

a) Amend the reporting frequency from "monthly" to "quarterly" for Indicators 1 to 6.

b) Amend the content of Indicator 7 to "The number of foreign exchange counters of TCTD that carry out buying and selling of money from countries sharing borders with xxx."

c) Add Indicators 10, 11 to Group 5A.6.

3. Amend the content of Indicator 1 in Group 5B.4 to "The number of foreign exchange counters of individuals licensed by the State Bank of Vietnam to carry out buying and selling of money from countries sharing borders with xxx."

Amend certain indicators in Group 7 "Capital Contribution, Purchase of Shares," Group 8 "Money Market," and Group 9 "Supervision and Assurance of Safety in Credit Organization Activities" in Appendix 1 and related guidance in Appendix 2 of the Statistical Reporting System as follows:

Article 6. 1. Amend the content of Indicator 7A.

2. Amend the reporting frequency from "three periods/month" to "weekly, monthly" for Indicators 14 to 19 in Group 8B.

3. Amend the content of Indicators 9A.1, 9A.2, 9A.3.

Amend and supplement Group 10 "Foreign Borrowing and Repayment" in Appendix 1 and related guidance in Appendix 2 of the Statistical Reporting System as follows:

Article 7. 1. Amend the reporting entities for indicators in Group 10.

2. Add indicators 10D "Short-term foreign borrowing and repayment of enterprises" and 10E "Medium and long-term foreign borrowing and repayment of enterprises" to Group 10.

2. Supplement index group 10D "Short-term foreign debt of enterprises" and index group 10E "Medium- and long-term foreign debt of enterprises" to index group 10.

Article 8. Amend and supplement certain indicators belonging to group 11 "Report on foreign-invested enterprises (FIEs) and foreign parties participating in joint venture contracts" in Appendix 1 and related guidelines in Appendix 2 of the Statistical Reporting System as follows:

1. Amend the names of the indicators from indicator 1 to indicator 7 of group 11A.

2. Supplement indicator 10 into group 11B.2.

Article 9. The contents of amendments and supplements stipulated in Articles 2, 4, 5, 6, 7, and 8 of this Decision are specified in Appendix 1 "System of original indicators amended and supplemented" and Appendix 2 "Guidelines for reporting amended and supplemented original indicators" issued together with this Decision.

Article 10. Repeal group 13 "Activities of credit organizations as securities depository members" in Appendix 1 and related guidelines in Appendix 2 of the Statistical Reporting System.

Article 11. Repeal the unit of measurement provisions in Part 4 "Guidelines for establishing original indicators" of Appendix 2 of the Statistical Reporting System for certain groups of indicators as follows:

1. Group 1G "Guarantees" at Section 1 Part 4.

2. Group 4D "International payments" at Section 4 Part 4.

3. Group 7A "Applicable to credit organizations" at Section 7 Part 4.

4. Group 8 "Money market" at Section 8 Part 4.

5. Group 9A.4 "Situation of delayed payment letters of credit" and group 9C "Applicable to joint venture banks" at Section 9 Part 4.

6. The units of measurement for the groups of indicators mentioned in Clauses 1, 2, 3, 4, and 5 of this Article shall be uniformly applied according to the provisions of Clause 1 of Article 12 of this Decision.

Article 12. Amend and supplement certain provisions in Appendix 2 of the Statistical Reporting System as follows:

1. Amend the Unit of Measurement provision in Section 2, Part 1 "General Provisions" as follows:

"2. Unit of Measurement: specify the unit of measurement to be applied for reporting original indicators as follows:

a) For indicators requiring reporting in VND: VND.

b) For indicators not requiring reporting in a specific currency: convert to VND.

c) For indicators requiring reporting in each foreign currency: original currency.

d) For indicators not requiring reporting in each foreign currency at groups 5, 10, 11, 12 mentioned in Appendix 1 of this system: convert to USD.

e) For indicators requiring reporting in gold: convert to VND.

g) For indicators reporting interest rates: %/year

h) In cases where there are different provisions from those specified in Points a, b, c, d, e, g above, they will be specifically recorded in the part guiding the establishment of reports for each type of indicator."

2. Amend the content of Items 6, 7 in Section I "Some Common Terms" Part 3 "Explanation of Some Terms" as follows:

"6. Extended loans reflect the outstanding balance of loans that have been extended by credit organizations, allowing for an additional period for repayment of principal and/or interest beyond the originally agreed term in the loan agreement."

Article 13. "7. Overdue credit balance is the total outstanding principal balance of loan contracts with overdue payments that credit organizations assess as unable to repay on time and do not approve restructuring of the repayment schedule."

Add the reporting subjects applicable to indicators 1C, 1D, 1E, 1G, 1H, 4D, 5A, 8A, 9A.4, 9A.6, 9B in Part 2 of Appendix 2 as follows:

Article 14. "Credit organizations without branches, Trading Departments, branch offices of credit organizations, Head Offices, Trading Departments of credit institutions transmit reports reflecting their activities in the locality to the State Bank of Vietnam branch in the province or centrally-administered city via computer network (or floppy disk) for local use."

Amend and supplement certain reporting forms in Appendix 3a "Reporting Forms Applicable to Units under the State Bank" of the Statistical Reporting System as follows:

1. Replace Form A01 "Foreign Currency and Gold Buying and Selling Exchange Rate Report" in the Statistical Reporting System with Form A01 "Foreign Currency and Gold Buying and Selling Exchange Rate Report" in this Decision.

2. Replace Form B01 "Comprehensive Report on Loans for Agricultural and Rural Development" in Appendix 3a of the Statistical Reporting System with Form B01 "Comprehensive Report on Loans for Agricultural and Rural Development" in this Decision.

Article 15. 3. Supplement Form E03 "Report on the Situation of Receipt and Deposit of Foreign Currency Cash Received from Exports to Cambodia."

Amend and supplement certain reporting forms in Appendix 3b "Reporting Forms Applicable to Credit Organizations" of the Statistical Reporting System as follows:

1. Replace Form B01 "Comprehensive Report on Loans for Agricultural and Rural Development" in Appendix 3b of the Statistical Reporting System with Form B01 "Comprehensive Report on Loans for Agricultural and Rural Development" in this Decision.

2. Supplement Form D01 "Report on Loan and Guarantee Limits for Related Customer Groups."

3. Supplement Form E04 "Report on the Situation of Acting as an Agent for Foreign Currency Payments for Economic Organizations/Banks Permitted in the Province/City."

4. Supplement Form E05 "Implementation of Transactions with Laos."

Article 16. 5. Amend the deadline for submitting Form G04 "Statistics of Income and Expenditure of Various Currencies in the Operational Fund" to "no later than the seventh day of the month following the reporting period."

Article 17. Amends and supplements certain provisions in Appendix 5 of the Reporting and Statistics System as follows:1. Amends the name of Section 6 from "Code of difficult debt causes" to "Code of potential capital loss debt cause - group 5".

2. Adds the New Zealand dollar code to Section 12 "Code of currencies of countries" as follows:

a) Code in letters: NZD

b) Code in numbers: 01

3. Amends the North Korean won currency code in Section 12 "Code of currencies of countries" to "KPW".

4. Adds Section 15 "Code of debt groups" to Appendix 5. The content of the debt group code and guidelines for classifying debt groups are specified in detail in Appendix 3 of this Decision.

This Decision takes effect from June 1, 2006.

Article 18. The Director of the Office, the Head of the Monetary Policy Department, the Heads of relevant units under the State Bank, the Governors of the State Bank branches in provinces and centrally governed cities, the Directors of representative offices in Ho Chi Minh City, and the General Directors (Directors) of credit organizations are responsible for implementing this Decision./.

Article 19. The Head of the Office, the Director of the Monetary Policy Department, the Heads of relevant units under the State Bank, the Governors of the State Bank branches in provinces and centrally governed cities, the Directors of the Representative Offices in Ho Chi Minh City, and the General Managers (Directors) of credit organizations are responsible for implementing this Decision./.