This Circular sets out the limits and safety ratios in the operation of people's credit funds, applicable to these credit institutions. Notably, it maintains a minimum capital safety ratio of 8%, liquidity management, and lending limits.
적용 범위
People's Credit Fund
핵심 사항
- The People's Credit Fund must maintain a minimum capital safety ratio of 8% (Article 5)
- The payment capacity ratio must be maintained at least equal to 1 for the next working day and within the following 7 working days (Article 6)
- The ratio of short-term capital used for medium and long-term loans shall not exceed 30% (Article 7)
- The lending limit to specific objects shall not exceed 5% of the own capital (Article 8)
- The People's Credit Fund must report on the implementation of regulations on limits and safety ratios in operations as required by the State Bank (Article 9)
🌐 이 문서의 사회적 영향
- Positive impact: Helps strengthen risk management and improve the quality of operations of the People's Credit Fund, protecting customer rights.
- Negative impact: It may impose a cost burden on People's Credit Funds when complying with new regulations.
❓ 자주 묻는 질문
What is the minimum capital safety ratio that the People's Credit Fund needs to maintain?
The minimum capital safety ratio is 8% (Article 5).
How should the payment capacity ratio be maintained?
The payment capacity ratio must be maintained at least equal to 1 for the next working day and within the following 7 working days (Article 6).
What percentage of short-term capital can the People's Credit Fund use for medium and long-term loans?
The ratio of short-term capital used for medium and long-term loans shall not exceed 30% (Article 7).
Under what conditions cannot the People's Credit Fund provide preferential loans?
Loans cannot be provided without collateral, with preferential terms compared to legal provisions and internal regulations on lending activities (Article 8).
What reports does the People's Credit Fund need to submit according to the requirements of the State Bank?
The People's Credit Fund must report on the implementation of regulations on limits and safety ratios in operations (Article 9).
전문
|
STATE BANK OF VIETNAM |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 41/VBHN-NHNN |
Hanoi, December 5, 2019 |
CIRCULAR
REGULATIONS ON LIMITS AND RISK MANAGEMENT RATIOS IN THE OPERATIONS OF PEOPLE'S CREDIT UNIONS
Circular No. 32/2015/TT-NHNN dated December 31, 2015 of the Governor of the State Bank of Vietnam on limits and risk management ratios in the operations of people's credit unions, which took effect from March 1, 2016, has been amended and supplemented by:
Circular No. 21/2019/TT-NHNN dated November 14, 2019 of the Governor of the State Bank of Vietnam amending and supplementing certain articles of circulars on cooperative banks, people's credit unions, and the system safety guarantee fund for people's credit unions, which took effect from January 1, 2020.
Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Credit Organizations No. 47/2010/QH12 dated June 16, 2010;
Pursuant to Decree No. 156/2013/NĐ-CP dated November 11, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of Banking Inspection and Supervision;
The Governor of the State Bank of Vietnam issues this Circular to regulate limits and risk management ratios in the operations of people's credit unions[1].
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Circular regulates limits and risk management ratios in the operations of people's credit unions including:
a) Capital adequacy ratio;
b) Liquidity coverage ratio;
c) Maximum proportion of short-term capital used for medium- and long-term loans;
d) Loan limit.
2. Based on the results of supervision and inspection of people's credit unions, when necessary to ensure safety in their operations, depending on the nature and degree of risk, the State Bank of Vietnam (hereinafter referred to as the State Bank) may require people's credit unions to maintain one or more lower limits and stricter risk management ratios than those prescribed in this Circular.
Article 2. Interpretation of Terms
In this Circular, the following terms are understood as follows:
1. Customer of people's credit unions include members of people's credit unions; organizations and individuals with deposits at people's credit unions; poor households with loan relationships with people's credit unions.
2. Related person with customers of people's credit unions are organizations and individuals having direct or indirect relationships with such customers, falling under any of the following cases:
a) Persons related to corporate customers include:
(i) Managers, members of the supervisory board, shareholders or shareholders owning 5% or more of the charter capital or voting shares of that corporation;
(ii) Spouse, father (including adoptive father, stepfather, father-in-law, father of wife), mother (including adoptive mother, stepmother, mother-in-law, mother of husband), child (including adopted child, son-in-law, daughter-in-law, child of husband or wife), brother, sister, or sibling (including half-brother, half-sister, brother-in-law, sister-in-law) of managers, members of the supervisory board, shareholders or shareholders owning 5% or more of the charter capital or voting shares of that corporation;
(iii) Corporations owned 5% or more of the charter capital or voting shares by the customer;
b) Persons related to individual customers include:
(i) Spouse, father (including adoptive father, stepfather, father-in-law, father of wife), mother (including adoptive mother, stepmother, mother-in-law, mother of husband), child (including adopted child, son-in-law, daughter-in-law, child of husband or wife), brother, sister, or sibling (including half-brother, half-sister, brother-in-law, sister-in-law) of that individual;
(ii) Corporations where the customer is a manager, member of the supervisory board, shareholder or shareholder owning 5% or more of the charter capital or voting shares of that corporation or spouse, father (including adoptive father, stepfather, father-in-law, father of wife), mother (including adoptive mother, stepmother, mother-in-law, mother of husband), child (including adopted child, son-in-law, daughter-in-law, child of husband or wife), brother, sister, or sibling (including half-brother, half-sister, brother-in-law, sister-in-law) of the customer who is a manager, member of the supervisory board, shareholder or shareholder owning 5% or more of the charter capital or voting shares of that corporation;
(iii) Households where the customer is a member of the household;
c) Persons related to household borrowers of people's credit unions include members of the household.
3. Undistributed profit of people's credit unions is the undistributed portion of profits determined after the annual financial report (for people's credit unions required to have independent audits according to the regulations of the State Bank, it is the audited annual financial report) and decided to be retained by the General Assembly of Members of the people's credit union for the purpose of supplementing the capital of the people's credit union.
4. is the State Bank branch in the region where the credit institution's main office, foreign bank branch, or foreign representative office is located. provincial branch is the State Bank branch in the province or centrally governed city where the main office of the people's credit union is located.
Article 3. Requirements for Information Technology
1. Within a maximum period of 12 (twelve) months from the date this Circular takes effect, the people's credit cooperative must have an information technology system as prescribed in Clause 2 of this Article.
2. The information technology system of the people's credit cooperative must meet the following minimum requirements:
a) Storing, accessing, and supplementing customer databases to ensure risk management in accordance with the State Bank of Vietnam’s regulations and internal regulations of the people's credit cooperative;
b) Statistics and monitoring of capital items, assets, liabilities; calculation, management, and supervision of limits and safety ratios stipulated in this Circular.
Article 4. Internal Regulations
1. The people's credit cooperative must have internal regulations on managing capital safety ratios, liquidity management (liquidity coverage ratio, maximum proportion of short-term sources used for medium- and long-term loans), lending, and loan management in accordance with this Circular and related documents. Internal regulation documents and amendments to such regulations must be issued or approved by the Board of Directors of the people's credit cooperative.
2. Internal regulations on minimum capital safety ratios include the following main contents:
a) Procedures and methods for monitoring capital safety ratios;
b) Methods for early warning of risks that may reduce capital safety ratios;
c) Measures to address situations where the capital safety ratio falls below the minimum level, including at least: measures to increase the capital safety ratio; responsibilities, authorities, and coordination among departments and individuals in implementing the measures.
3. Internal regulations on minimum liquidity management include the following contents:
a) Provisions regarding classification, delegation of authority, functions, and tasks of relevant individuals and departments in monitoring and implementing measures to maintain the liquidity coverage ratio and the maximum proportion of short-term sources used for medium- and long-term loans;
b) Procedures, formalities, liquidity management limits, and contingency plans to ensure maintenance of the liquidity coverage ratio and the maximum proportion of short-term sources used for medium- and long-term loans as stipulated in this Circular;
c) Provisions on cash management, income, expenditure, and daily sources of funds.
4. Internal regulations on minimum loan activity management and loan fund management include the following contents:
a) Criteria for identifying customers and associated parties with customers, which must include the contents prescribed in Clause 2, Article 2 of this Circular;
b) Loan limits applicable to customers, associated parties, mechanisms, and principles of delegated authority for lending to customers and associated parties;
c) Maximum loan limit as a percentage of total outstanding loans for each type of customer, whether members, non-member customers, or poor household customers of the people's credit cooperative;
d) Procedures for monitoring loans exceeding 5% of the people's credit cooperative's own capital;
đ) Provisions on reporting loans to members of the Board of Directors, Supervisory Board, and General Director of the people's credit cooperative in accordance with the State Bank of Vietnam’s regulations on people's credit cooperatives.
5. At least once every 01 (one) year and when necessary, the people's credit cooperative must review, evaluate, amend, and supplement internal regulations to align with the requirements for ensuring safety in the operation of the people's credit cooperative.
6.[2] Within 10 (ten) working days from the date of issuance, amendment, or supplementation of internal regulation documents, the people's credit cooperative must submit (directly or via postal service) a set of documents to the State Bank of Vietnam branch in the province or city, including:
a) A report on the issuance, amendment, or supplementation of internal regulations. In cases of amendment or supplementation, clearly specify the amended or supplemented contents;
b) New internal regulations in cases of issuance; amended or supplemented internal regulations in cases of amendment or supplementation.
7.[3] If the contents of the documents or internal regulations are inconsistent with the provisions of this Circular and related laws, the State Bank of Vietnam branch in the province or city will require the people's credit cooperative to amend and supplement them accordingly..
Chapter II
SPECIFIC PROVISIONS
Section 1. RISK RATIOS AND SAFETY LIMITS IN THE OPERATIONS OF PEOPLE'S CREDIT FUNDS
Article 5. Capital Adequacy Ratio
1. People's credit funds must maintain a minimum capital adequacy ratio of 8% on a continuous basis.
2. The capital adequacy ratio is determined by the following formula:
|
Capital Adequacy Ratio |
= |
Tier 1 own capital |
x |
100 |
|
Total Risk Assets |
Where:
- Own capital is determined in accordance with Clause 3 of this Article;
- Total risk assets are the total value of assets classified according to the risk levels specified in Clause 4 of this Article.
3. Own capital includes Tier 1 Capital and Tier 2 Capital minus Amount to be deducted from own capital at the time of determining own capital, specifically:
a) Tier 1 Capital
Tier 1 Capital consists of:
(i) Charter capital;
(ii) Capital đ(ii) Investments in basic construction and fixed asset purchases;
(ii)international(iii) Supplementary capital reserve fund;
(iv) Business development investment fund;
(v) Capital contributions from organizations and individuals that are non-repayable to people's credit funds;
(vi) Undistributed profits.
Tier 1 Capital must be reduced by the following amounts:
(i) Accumulated losses (if any);
(ii) Capital contributions to cooperative banks.
b) Tier 2 Capital is calculated up to a maximum of 100% of the value of Tier 1 Capital, including:
(i) Financial reserve fund;
(ii) General reserves, up to a maximum of 1.25% of total risk assets;
c) Amounts to be deducted from own capital: 100% of the reduction due to revaluation of assets in accordance with the provisions of the law.
The specific determination of own capital for calculating the minimum capital adequacy ratio is stipulated in Appendix 1 issued together with this Circular.
4. "Assets" are classified into risk categories as follows:
a) Group of assets with a risk weight of 0% includes:
(i) Cash;
(ii) Deposits with the State Bank;
(iii) Deposits with cooperative banks;
(iv) Loan balances secured entirely by cash or deposits at the same people's credit fund;
(v) Loan balances secured entirely by securities issued by the Government or the State Bank;
(vi) Loans made using entrusted funds in accordance with the law on entrustment in banking activities;
b) Group of assets with a risk weight of 20% includes:
(i) Settlement deposits with commercial banks and branches of foreign banks;
(ii) Loan balances secured entirely by securities issued by state financial organizations, credit institutions, or branches of foreign banks;
c) Group of assets with a risk weight of 50% includes: Loan balances secured entirely by residential property, land use rights, or residential property attached to land use rights of the borrower as provided by law;
d) Group of assets with a risk weight of 100% includes:
(i) Fixed assets of people's credit funds;
(ii) Other "Assets" remaining on the balance sheet outside those specified in points a, b, c(i), and d(i) of this clause and capital contributions to cooperative banks.
The specific determination of the value of risk assets is stipulated in Appendix 2. Circular No. 04/2017/TT-BGDĐT dated January 25, 2017 3. For discounting transferable instruments and other securities:
Article 6. Liquidity Coverage Ratio
1. The liquidity coverage ratio is determined by the following formula:
|
Liquidity Coverage Ratio |
= |
Assets "Có" that can be immediately settled |
|
Liabilities "Nợ" that need to be settled |
In which: Assets "Có" that can be immediately settled, Liabilities "Nợ" that need to be settled are determined in accordance with Appendix 3 issued together with this Circular.
2. At the end of each working day, people's credit funds must maintain a liquidity coverage ratio for the next working day and a liquidity coverage ratio for the next seven working days of at least 1.
Article 7. Maximum ratio of short-term capital used for medium-term and long-term loans
1. Credit unions must maintain a maximum ratio of short-term capital used for medium-term and long-term loans at 30%.
2. The ratio of short-term capital used for medium-term and long-term loans shall be determined according to the following formula:
|
A |
= |
(B-C) |
x |
100 |
|
D |
Where:
- A: the ratio of short-term capital used for medium-term and long-term loans.
- B: total outstanding medium-term and long-term loan debt as specified in Clause 3 of this Article.
- C: total medium-term and long-term capital as specified in Clause 4 of this Article.
- D: short-term capital as specified in Clause 5 of this Article.
3. Total outstanding medium-term and long-term loan debt includes remaining debt with a term exceeding 01 (one) year. Total outstanding medium-term and long-term loan debt does not include debt from loans entrusted by the Government, organizations (including credit institutions and branches of foreign banks), and individuals.
4. Medium-term and long-term capital includes:
a) Charter capital and reserve funds after deducting amounts spent on purchasing, investing in fixed assets, and contributing to cooperative banks as prescribed by law;
b) The following items with a remaining term exceeding 01 (one) year, including:
(i) Time deposits and savings deposits of organizations and individuals;
(ii) Loans from credit institutions and other financial organizations.
5. Short-term capital includes:
a) Demand deposits;
b) The following items with a remaining term up to 01 (one) year:
(i) Time deposits and savings deposits of organizations and individuals;
(ii) Loans from credit institutions and other financial organizations.
Article 8. Loan Limits
1. Credit unions may not grant unsecured loans or preferential loans (preferential interest rates, application procedures, loan approval processes, guarantee measures for debt obligations, and debt recovery measures compared to legal provisions and internal regulations on lending activities and loan management) to the following entities:
a) Members of the Board of Directors, Supervisory Board, General Director, Deputy General Director, and Chief Accountant of the credit union;
b) Auditing organizations and auditors currently auditing, and inspectors currently inspecting at the credit union;
c) Enterprises where one of the entities specified in point a of this clause owns more than 10% of the enterprise's charter capital;
d) Loan evaluators and approvers of the credit union.
2. For loans to the entities specified in Article 1 of this Decree,credit unions must ensure the following requirements:
a) The total outstanding loan balance may not exceed 5% of the credit union's own capital;
b) The loan granting process must be approved by the Board of Directors and made public within the credit union;
c)[4] Report to the State Bank branch in the province or city when there is a new loan issuance;
d) Report to the Member Assembly for loans issued up to the data collection date for the Member Assembly meeting.
3.[5] The total outstanding loan balance for a corporate member may not exceed the sum of the member's capital contribution and deposit balance at the credit union at any time. The loan term for a corporate member may not exceed the remaining term of the deposit certificate and the loan must be secured by the deposit certificate itself at the credit union.
The total outstanding loan balance for corporate and individual customers who are not members may not exceed the balance of the deposit contract or savings book, and the loan term may not exceed the remaining term of the deposit contract or savings book.
4. The total outstanding loan balance for a customer may not exceed 15% of the credit union's own capital.
5. The total outstanding loan balance for a customer and related parties may not exceed 25% of the credit union's own capital, wherein the loan amount for a single customer may not exceed the ratio specified in Clause 4 of this Article.
6.[6] The limits specified in Clauses 2, 4, and 5 of this Article do not apply to:
a) Loans entrusted by the Government, organizations (including credit institutions and branches of foreign banks), and individuals;
b) Loans fully secured by deposits at the same credit union.
7. Own capital as specified in point a of Clause 2, Clause 4, and Clause 5 of this Article is determined according to the provisions of Clause 3 of Article 5 of this Circular.
Mục 2. REPORTING AND HANDLING OF VIOLATIONS
Article 9. Reporting
The People's Credit Fund shall report on the implementation of the provisions regarding limits and ratios for ensuring safety in operations as prescribed by the State Bank.
Article 10. Handling of violations
The People's Credit Fund and individuals involved who violate the provisions of this Circular shall be subject to handling according to the law depending on the nature and extent of the violation.
Chapter III
TRANSITIONAL PROVISIONS
Article 11. Responsibilities of the People's Credit Fund
1. At the time this Circular takes effect, if the People's Credit Fund has not ensured compliance with the limits and safety ratios prescribed in this Circular, it must develop remediation plans and proactively implement measures to comply with the regulations.
2.[7] Within a maximum period of 30 (thirty) days from the date this Circular takes effect, the People's Credit Fund must directly submit or send by post office the remediation plan as stipulated in Clause 2, Article 12 and Point b, Clause 2, Article 13 of this Circular to the State Bank branch in the province or city.
In case the State Bank branch in the province or city requests modifications, supplements, or adjustments to the measures set out in the remediation plan, progress, and deadlines, the People's Credit Fund shall have the responsibility to organize and implement according to the requirements.
3.[8] The People's Credit Fund shall be responsible for supplementing the measures set out in the remediation plan as stipulated in Clause 2 of this Article and the progress of implementation into the restructuring plan of the People's Credit Fund to implement according to the requirements of the State Bank branch in the province or city.
Article 12. Transitional Provisions Regarding the Maximum Ratio of Short-Term Capital Used for Medium and Long-Term Loans
1. At the time this Circular takes effect, if the People's Credit Fund has a maximum ratio of short-term capital used for medium and long-term loans that does not meet the provisions of Clause 1, Article 7 of this Circular, it shall be handled as follows:
a) The People's Credit Fund shall not make medium and long-term loans until it meets the ratio prescribed in Clause 1, Article 7 of this Circular;
b)[9] The People's Credit Fund must develop a remediation plan to submit to the State Bank branch in the province or city.
2. The remediation plan of the People's Credit Fund shall include at least the following contents:
a) The specific ratio that does not meet the regulations;
b) Measures and plans to ensure compliance with the regulations within a maximum period of 12 (twelve) months from the date this Circular takes effect.
Article 13. Transitional Provisions Regarding Loan Limits
1. For loan contracts signed before the effective date of this Circular, the People's Credit Fund and customers may continue to perform according to the agreements already signed until the end of the contract term. Any amendments or supplements to these contracts can only be made if they are consistent with the provisions of this Circular and relevant laws.
2. At the time this Circular takes effect, if the People's Credit Fund has loans to customers exceeding the limits prescribed in Point a, Clause 2, Clauses 3, 4, and 5, Article 8 of this Circular, they shall be handled as follows:
a) The People's Credit Fund shall not grant additional loans to customers who do not meet the loan limit regulations until they comply with the loan limit regulations prescribed in Point a, Clause 2, Clauses 3, 4, and 5, Article 8 of this Circular;
b) The People's Credit Fund must develop a remediation plan, which shall include at least the following contents:
(i) A list of customers and loans to each customer exceeding the limit;
(ii) Measures and plans to ensure compliance, including debt recovery and increased charter capital.
Article 14. Post-transition Processing
[10]After the transition period specified in the handling plan provided for in Article 12 of this Circular or after the maximum period requested by the State Bank branch in the province/city, if the people's credit cooperative fails to rectify the violation, the State Bank branch in the province/city shall apply necessary measures, including restructuring measures as prescribed by law, and revoke the Business License for the people's credit cooperative depending on the severity, nature, and risk level.
Chapter IV
IMPLEMENTATION
Article 15. Responsibilities of units under the State Bank
[11]1. The banking inspection and supervision agency shall be responsible for ofmaintaining, coordinating with departments and bureaus under the State Bank to submit to the Governor of the State Bank for decision on requiring the people's credit cooperative to maintain the limits and ratios ensuring safety as stipulated in Clause 2 of Article 1 of this Circular.
2. The State Bank of Vietnam branch in the province/city directly under the central government shall be responsible for:
a) Inspecting, supervising, and handling violations by the people's credit cooperative within its jurisdiction in implementing the provisions of this Circular;
b) Guiding the people's credit cooperatives within its jurisdiction in implementing the provisions of this Circular;
c) Receiving internal regulations of the people's credit cooperative, requesting the people's credit cooperative to amend and supplement internal regulations according to Clause 6 of Article 4 of this Circular;
d) Reviewing the handling plan, requesting the people's credit cooperative to supplement and modify the handling plan (if the handling plan does not meet requirements or does not ensure feasibility) according to Clause 2 of Article 12 and Point b of Clause 2 of Article 13 of this Circular;
e) On the basis of the results of inspecting and supervising the people's credit cooperatives within its jurisdiction, proposing to the State Bank to require the people's credit cooperatives to maintain and apply the limits and ratios ensuring safety as stipulated in Clause 2 of Article 1 of this Circular.
Chapter V
IMPLEMENTING PROVISIONS
[12]Article 16. Effective Date
1. This Circular takes effect from March 1, 2016.
2. The following provisions cease to be effective:
a) Decision No. 1328/2005/QĐ-NHNN dated September 6, 2005, on issuing "Regulations on Safety Ratios in the Operation of People's Credit Cooperatives";
b) Clause 3 of Article 37 of Circular No. 04/2015/TT-NHNN dated March 31, 2015, on people's credit cooperatives.
Article 17. Implementation Organization
The Director of the Office, the Head of Banking Inspection and Supervision, Heads of Units under the State Bank, Governors of State Bank branches in provinces/cities directly under the Central Government, Chairmen of Management Councils, General Directors of Cooperative Banks, Chairmen of Management Councils, and Directors of people's credit cooperatives are responsible for organizing the implementation of this Circular./.
ANNEX 1:
DETERMINATION OF OWN CAPITAL
(Annexed to Circular No. 32/2015/TT-NHNN dated December 31, 2015 of the Governor of the State Bank)
1. Tier 1 Capital:
Unit: million VND
|
Section |
Components |
Method of Determination |
Example |
|
1 |
Registered Capital (capital contributed by members) |
Extract the Registered Capital figure from the Equity section of the Balance Sheet of the people's credit cooperative. |
300 |
|
2 |
Capital for basic construction investment and fixed asset acquisition |
Extract the Capital for Basic Construction Investment and Fixed Asset Acquisition figure from the Equity section of the Balance Sheet of the people's credit cooperative. |
15 |
|
3 |
Supplementary Capital Reserve |
Extract the Supplementary Capital Reserve figure from the Reserve Fund section of the Balance Sheet of the people's credit cooperative. |
50 |
|
4 |
Development Fund |
Extract the Development Fund figure from the Reserve Fund section of the Balance Sheet of the people's credit cooperative. |
100 |
|
5 |
Capital from non-repayable financial support from organizations and individuals |
Extract the Other Capital figure from the Reserve Fund section of the Balance Sheet of the people's credit cooperative. |
50 |
|
6 |
Undistributed profit |
Determine according to the guidance provided in Clause 3 of Article 2 of this Circular. |
85 |
|
7 |
Composition of Tier 1 Capital |
= (1) + (2) + (3) + (4) + (5) + (6) |
600 |
|
8 |
Accumulated Losses |
Extract the Accumulated Losses figure at the time of calculating the capital adequacy ratio. |
0 |
|
9 |
Capital Contribution to Cooperative Banks |
Extract the Capital Contribution to Cooperative Banks figure from the Long-term Investments section of the Balance Sheet of the people's credit cooperative. |
10 |
|
|
Tier 1 Capital |
= (7) - (8) - (9) |
590 |
|
10 |
Financial Provision Fund |
Extract the Financial Provision Fund figure from the Reserve Fund section of the Balance Sheet of the people's credit cooperative. |
10 |
|
11 |
General reserve |
Extract the General Provision figure from the Risk Provisions for Domestic Organizations and Individuals section of the Balance Sheet of the people's credit cooperative, but not exceeding 1.25% of risky assets. |
10 |
|
|
Tier 2 Capital |
= (10) + (11) |
20 |
|
|
Tier 1 own capital |
= Tier 1 Capital + Tier 2 Capital |
610 |
|
12 |
100% of the reduction due to revaluation of fixed assets as prescribed by law |
100% of the total balance of the revaluation reserve account. |
10 |
|
|
Own Capital for Calculating the Capital Adequacy Ratio |
= Own Capital - (12) |
600 |
ANNEX 2:
VALUE OF RISKY ASSETS "HAVING"
(Annexed to Circular No. 32/2015/TT-NHNN dated December 31, 2015 of the Governor of the State Bank)
Unit: million VND
|
Section |
Components |
Amount |
Risk Weight |
Value of Risky Assets "Having" |
|
|
|
(1) |
(2) |
(3) |
|
|
Group of Assets "Having" (TCS) with a 0% risk weight |
|
|
= (a) + (b) + (c) + (d) + (đ) + (e) |
|
a |
Cash |
32 |
0% |
0 |
|
The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam. |
Deposits at the State Bank |
0 |
0% |
0 |
|
of |
Deposits at cooperative banks |
40 |
0% |
0 |
|
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%; |
Loan balances secured entirely by cash or deposits issued by the people's credit cooperative itself |
0 |
0% |
0 |
|
đ |
Loan balances secured entirely by securities issued by the government or the State Bank |
0 |
0% |
0 |
|
Average loan repayment period is 10 years; |
Loans made using entrusted funds as prescribed by the entrustment regulations |
0 |
0% |
0 |
|
|
Group of Assets "Having" with a 20% risk weight |
|
|
= (g) + (h) |
|
g |
Settlement deposits at commercial banks or foreign bank branches |
0 |
20% |
0 |
|
h |
Loan balances secured entirely by securities issued by state financial organizations, credit institutions, or foreign bank branches |
0 |
20% |
0 |
|
|
Group of Assets "Having" with a 50% risk weight |
|
|
= (i) |
|
international |
Loan balances secured entirely by real estate, land use rights, or real estate attached to land use rights of the borrower |
3.000 |
50% |
1.500 |
|
|
Group of Assets "Having" with a 100% risk weight |
|
|
= (k) + (l) |
|
k |
Fixed assets of the people's credit cooperative |
2.500 |
100% |
2.500 |
|
l |
Other Assets "Having" remaining on the Balance Sheet outside those classified into groups with risk weights of 0%, 20%, and 50% |
400 |
100% |
400 |
|
|
Total Risky Assets "Having" |
|
|
4.400 |
ANNEX NUMBER 03
[13]SAMPLE ANALYSIS TABLE FOR LIQUID ASSETS "HAVING" AND LIABILITIES "OWING" TO BE PAID
Unit: million VND
|
Item |
Book Value |
Determination Ratio |
Value for Calculation |
Total |
Basis for Determining Due Date/Note |
||
|
Next Working Day |
From the second day to the seventh day |
Next Working Day |
From the second day to the seventh day |
||||
|
(1) |
(2) |
(3) |
(4) = (1) x (3) |
(5) = (2) x (3) |
(6) = (4)+ (5) |
|
|
|
I. Liquid Assets "Having" (I=1+2+3+4+5+6+7+8) |
164 |
307 |
|
193,1 |
Not filled |
390,4 |
|
|
1. Cash in the vault |
20 |
Not filled |
100% |
20 |
Not filled |
20 |
End-of-day balance of the previous day |
|
2. Deposits at the State Bank |
0 |
Not filled |
100% |
0 |
Not filled |
0 |
End-of-day balance of the previous day |
|
3. Unfixed deposits at cooperative banks |
12 |
Not filled |
100% |
12 |
Not filled |
12 |
|
|
- Principal |
10 |
Not filled |
100% |
10 |
Not filled |
10 |
Record according to the total deposit balance at cooperative banks |
|
- Interest |
2 |
Not filled |
100% |
2 |
Not filled |
2 |
|
|
4. Fixed deposits at cooperative banks |
20 |
60 |
100% |
70 |
60 |
80 |
Column (4) = Column (1) + principal deposit at column (2). Column (6) = Column (1) + column (2). |
|
- Principal |
18 |
50 |
100% |
68 |
50 |
68 |
Columns (4) and (6) = Column (1) + column (2). Record according to the total deposit balance at cooperative banks and calculate 100% based on the principal amount regardless of term. |
|
- Interest |
2 |
10 |
100% |
2 |
10 |
12 |
Calculate based on the actual maturity balance of the contract |
|
5. Demand deposits at commercial banks and foreign bank branches |
30 |
Not filled |
100% |
30 |
Not filled |
30 |
End-of-day balance of the previous day |
|
6. Due debts for loans (excluding non-performing loans) secured by assets |
22 |
89 |
80% |
17,6 |
71,2 |
88,8 |
As per the loan agreement term |
|
- Principal |
20 |
80 |
80% |
16 |
64 |
80 |
|
|
- Interest |
2 |
9 |
80% |
1,6 |
7,2 |
8,8 |
|
|
7. Due debts for loans (excluding non-performing loans) unsecured by assets |
30 |
110 |
75% |
22,5 |
82,5 |
105 |
As per the loan agreement term |
|
- Principal |
28 |
100 |
75% |
21 |
75 |
96 |
|
|
- Interest |
2 |
10 |
75% |
1,5 |
7,5 |
9 |
|
|
8. Due debts for other receivables |
30 |
48 |
70% |
21 |
33,6 |
54,6 |
Enter the amount of money that will certainly be received from the implementation of "Other Assets" according to the guidelines of the Governor of the State Bank of Vietnam on financial reporting regulations for credit unions and related documents into the appropriate columns corresponding to the date of occurrence of cash flow. |
|
II. Liabilities "Nợ" to be settled (II = 1 + 2 + 3 + 4) |
102 |
211 |
|
73,1 |
211 |
284,1 |
|
|
1. Term deposits of customers due for settlement |
22 |
116 |
100% |
22 |
116 |
138 |
As per the deposit agreement term |
|
- Principal |
20 |
105 |
100% |
20 |
105 |
125 |
|
|
- Interest |
2 |
11 |
100% |
2 |
11 |
13 |
|
|
2. Non-term deposits of customers |
34 |
Not filled |
15% |
5,1 |
Not filled |
5,1 |
Average balance over the preceding 30 days |
|
- Principal |
30 |
Not filled |
15% |
4,5 |
Not filled |
4,5 |
|
|
- Interest |
4 |
Not filled |
15% |
0,6 |
Not filled |
0,6 |
|
|
3. Loans from other credit institutions and financial organizations due for settlement |
16 |
95 |
100% |
16 |
95 |
111 |
As per the loan agreement term |
|
- Principal |
15 |
90 |
100% |
15 |
90 |
105 |
|
|
- Interest |
1 |
5 |
100% |
1 |
5 |
6 |
|
|
4. Other debts due for settlement |
30 |
0 |
100% |
30 |
0 |
30 |
Enter the amount arising from the fulfillment of "Other Debts" obligations according to the guidelines of the State Bank of Vietnam on financial reporting regulations for credit unions and related documents into the appropriate columns. |
|
Assets "Có" immediately payable on the next working day/Liabilities "Nợ" to be settled on the next working day |
=193,1/73,1 |
|
|
|
|||
|
Assets "Có" immediately payable within the next 7 working days/Liabilities "Nợ" to be settled within the next 7 working days |
|
|
= 390,4/284,1 |
|
|||
|
|
CERTIFIED CONSOLIDATED DOCUMENT DIRECTOR |
[1] Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund is based on the following grounds:
“Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;
Pursuant to the Law on Credit Institutions dated June 16, 2010 and the Law Amending and Supplementing Certain Articles of the Law on Credit Institutions dated November 20, 2017;
Pursuant to the Law on Cooperatives dated November 20, 2012;
Decree No. 16/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of Banking Inspection and Supervision;
The Governor of the State Bank of Vietnam issues this Circular amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund.
[2] This Clause has been amended pursuant to Clause 1, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[3] This Clause has been amended pursuant to Clause 1, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[4] This Point has been amended pursuant to point a, Clause 2, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[5] This Clause has been amended pursuant to point b, Clause 2, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[6] This Clause has been amended pursuant to point c, Clause 2, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[7] This Clause has been amended pursuant to Clause 3, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[8] This Clause has been amended pursuant to Clause 3, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[9] This Point has been amended pursuant to Clause 4, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[10] This Article has been amended pursuant to Clause 5, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[11] This Article has been amended pursuant to Clause 6, Article 4 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund, which takes effect from January 1, 2020.
[12] Articles 7 and 8 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars regulating cooperative banks, credit unions, and the system credit union safety guarantee fund take effect from January 1, 2020 and are stipulated as follows:
“Article 7. Responsibilities for Organizing Implementation
The Director of the Office, the Chief Inspector and Supervisor of Banking, Heads of Units under the State Bank of Vietnam, Governors of the State Bank of Vietnam Branches in provinces and centrally-administered cities, Chairmen of the Board of Directors, General Directors of Vietnamese Cooperative Banks, Chairmen of the Board of Directors, and Directors of Credit Unions are responsible for organizing the implementation of this Circular.
Article 8. Implementation clause
1. This Circular takes effect from January 1, 2020.
2. This Circular abolishes:
a) Article 1 and Clauses 3, 4, 6, 7, 8, 9 of Article 2 of Circular No. 06/2017/TT-NHNN dated July 5, 2017, issued by the Governor of the State Bank of Vietnam to amend and supplement certain provisions of Circular No. 03/2014/TT-NHNN dated January 23, 2014, issued by the Governor of the State Bank of Vietnam on the reserve fund for the safety of the cooperative credit fund system and Circular No. 04/2015/TT-NHNN dated March 31, 2015, issued by the Governor of the State Bank of Vietnam on the cooperative credit fund;
b) Clause 2 and 4 of Article 1 of Circular No. 09/2016/TT-NHNN dated June 17, 2016, issued by the Governor of the State Bank of Vietnam to amend and supplement certain provisions of Circular No. 31/2012/TT-NHNN dated November 26, 2012, issued by the Governor of the State Bank of Vietnam on cooperative banks./”
[13] This annex is replaced pursuant to Clause 4 of Article 6 of Circular No. 21/2019/TT-NHNN amending and supplementing certain provisions of Circulars on cooperative banks, cooperative credit funds, and the reserve fund for the safety of the cooperative credit fund system, which took effect from January 1, 2020.
원본 문서(PDF)
관계도
문서를 클릭하면 열립니다. 빨간 테두리=효력을 변경하는 관계.