Directive No. 01/CT-NHNN dated January 31, 2013 of the State Bank of Vietnam on organization to implement the monetary policy and assurance of safe and effective banking operation in 2013
In furtherance of the Resolution No. 01/NQ-CP, of January 07, 2013, on key solutions on directing and executing implementation of socio-economic development plan and State budget estimate in 2013 (the Resolution No. 01) and the Resolution No. 02/NQ-CP, of January 07, 2013, on a few of solutions to remove difficulties for production and business, market support, dealing with bad debts (the Resolution No. 02) of the Government, the Governor of the State bank requests affiliated units of the State bank of Vietnam and credit institutions, foreign banks’ branches (hereinafter referred to as credit institutions) for good implementation of solutions in directing the monetary policy and banking activity in 2013 aiming to restraint inflation, stabilize macro-economy, remove difficulties for production and business, support market, contribute in economic growth at a reasonable level as follows:
I. GENERAL OBJECTIVES AND TASKS
1. To manage strictly, cautiously and flexibly the monetary policy, in close linkage with the fiscal policy aiming to control inflation at lower level, to push the economic growth to be higher than 2012, to strengthen macro-economy stability; on initiative and flexibly use instruments of the monetary policy, ensure reasonable speed of credit growth and total payment facilities, meeting payment needs of the economy; to operate interest rates and exchange rates in conformity with monetary situation and macro balances, especially inflation change. In the short term, to orient the total of payment facilities to increase about 14-16%, the credit to increase about 12% and based on changes, actual situation for suitable adjustment. To synchronously carry out solutions on management, inspection, supervision, institutional completion in order to consolidate the order and discipline in the monetary, credit, foreign exchange, exchange rates and gold markets, ensure activities of system of credit institutions in the safety and compliance with provisions of law on monetary and banking activity.
2. Drastically carry out solutions aiming to remove difficulties for production and business activities, the market support, and dealing with bad debts according to guidance of the Government in the Resolution No.2.
3. To concentrate on the synchronous and drastic implementation of solutions on restructuring the bank system according to directions of the Prime Minister in the Decision No. 254/QD-TTg, of March 01, 2012 and the action plan of the banking sector in carrying out the Scheme on restructuring system of credit institutions in period 2011-2015.
II. FOR UNITS AT HEAD OFFICE OF THE STATE BANK OF VIETNAM
To advise for the Governor of the State bank and on initiative carry out solutions under their functions and task, in which concentrate on major tasks:
1. Expeditiously finish the promulgation under their competence, submission to the Government and the Prime Minister for promulgation of legal documents guiding provisions of the Law on the State bank of Vietnam and the Law on credit institutions in 2010, the Law on deposit insurance, the Law on prevention of money laundering in 2012; to review, amend and supplement mechanisms of credit policy, regulations on safety in credit activity aiming to improve legal basis for management of safe and effective monetary policy and banking activity meeting actual requirements of socio-economic development and being suitable to international standards. To enhance quality and accelerate formulation of legal documents have been registered but not yet completed in 2012, and promulgate in proper time the legal documents as the 2013 program.
2. To stick close on macro-economy and monetary changes in order to on initiative operate instruments of monetary policy aiming to stabilize currency market, ensure liquidation of credit institutions, especially in the 2013 Quy Ty Lunar New year, to control speed of growth of total payment facilities and credit growth according to the orientations have been set out:
a) To manage flexibly the open market professional activities with reasonable volume and interest rate in conformity with situation of disposable capital of credit institutions, interest rates of inter-bank market and objectives of monetary policy.
b) To implement supply of refinance loans with reasonable volume, interest rates and term for credit institutions in order to support liquidation, develop economy under priority fields of the Government, support settlement of bad debts and restructure system of credit institutions.
c) To manage interest rate levels to be suitable with inflation changes, currency market, to control and regulate market interest rates at reasonable interest rates aiming to ensure capacity of capital mobilization of credit institutions, contribute in stability of the currency market and remove difficulties for production and business activities.
3. To operate flexible credit solutions in direction of expanding credit, going along with safe activity of credit institutions, in conformity with objectives of executing currency policy, support the economic growth at a reasonable level:
a) To continue control of credit growth with respect to credit institutions in order to ensure expansion of credit in conformity with capacity of capital mobilization of credit institutions and orient the credit of whole year to increase about 12%, concurrently control of credit quality and the dealing with bad debts. To notify norm of credit growth applicable to credit institutions in conformity with credit scale and quality, capability of liquidation management, capacity of management and execution of credit institutions and policies of the Government on removing difficulties for production and business activity, market supports.
b) To continue implementation of solutions supporting credit institutions in effective credit expansion, in service for production and business activities, the needs of capital for essential consumption and assurance of social security; to restructure credit in direction of prioritizing to concentrate on capital which support the supply of loans for agricultural or rural sector, export, industry support, the small and medium-sized enterprises, enterprises applying high technology, labor-intensive enterprises, effective projects; to strictly control activity of supply of loans in foreign currency in conformity with policies of the Government on limiting dollarization in the economy, contribute in stability of exchange rates and foreign exchange market.
4. Drastically implement solutions to remove difficulties for production and business activities, the market support, and dealing with bad debts according to policies of the Government in the Resolution No. 2:
a) To continue directing credit institutions in implementation of credit solutions, interest rates which carried out in 2012 in order to remove difficulties for production and business, market support; to restructure credit in direction of prioritizing to concentrate on capital which support the supply of loans for agricultural or rural sector, export, industry support, the small and medium-sized enterprises, enterprises applying high technology.
b) To closely coordinate with relevant ministries, sectors and local authorities to assess the production and business situation, especially capacity of consuming products, situation of inventories in fields such as agriculture, industry, construction, etc, as well as difficulties in accessing to credit capital source of banks, on that basis, carry out suitable solutions on credit and interest rates aiming to remove difficulties for enterprises; facilitate to promote investments, develop production and business with respect to advantageous fields, products in agricultural and service sectors.
c) In the quarter I/2013, to coordinate with the Ministry of Construction to promulgate documents guiding on supply of loans for subjects purchasing social house, enterprises changing the use of investment project to project on social house in conformity with directions of the Government in the Resolution No. 2.
d) To save part of amounts provided in order to refinance with a reasonable interest rate and time in order to support commercial banks of state in supply of loans to subjects purchasing social house, enterprises changing the use of investment project to project on social house according to guides of the State bank of Vietnam and the Ministry of Construction.
dd) To continue directing, guiding credit institutions to carry out credit programs and policies under directions of the Government and the Prime Minister, such as credit policy applicable to agricultural and rural fields; loan policy applicable to shark catfish breeding; policy on support aiming to reduce the post-harvest loss of agricultural products, aquatic products; loans for purchase, temporary storage of food,coffee, etc; to effectively and timely carry out other credit programs and policies under directions of the Government and the Prime Minister in 2013; to handle timely difficulties, problems arising in order to facilitate for credit institutions to expand credit effectively with respect to these fields, sectors.
e) To review, re-assess bad debts, to classify bad debts under types of enterprises, credit institutions, subject of borrowing capital and under types of security assets, bad debts in real estate, debts of capital construction, etc and assess actual situation of the secured assets, legal situation, market value, capacity of liquidation of these assets in order to carry out the handling solutions suitable with each type of bad debt.
g) To improve Scheme on bad debt settlement of system of credit institutions and Scheme on establishment of the Vietnam asset management company in order to report the Political Ministry, and on the basis of the directing opinions of the Political Ministry, to improve and submit to the Prime Minister for approval, to submit to the Government for consideration to promulgate a Decree on organization and operation of the Vietnam asset management company and documents guiding implementation of Decree; to drastically carry out solutions in the Scheme on bad debt settlement of system of credit institutions and Scheme on establishment of the Vietnam asset management company aiming to clear the credit capital sources of bank and enhance effectiveness of investment capital in the economy.
5. To manage exchange rates flexibly under the market signs, to ensure value of currency of
a) To review and improve system of legal documents on foreign exchange management in order to facilitate to attract overseas national currency exchange, foreign investment capital, to control use of international payment cards overseas and create legal basis for individuals, organizations for implementation, to contribute in stability of domestic foreign exchange market.
b) To coordinate with the Ministry of Finance and relevant agencies to strengthen inspection, supervision and have measures to strictly manage capital flows enter and out, especially the foreign indirect investment capital, in service of management and operation of the foreign exchange market, exchange rates.
c) To coordinate with the ministries, sectors and People’s Committee of central-affiliated cities and provinces to strengthen management, inspection, supervision of foreign currency and gold markets, and strictly handle violations, gradually and resolutely overcome dolarization.
6. Expeditiously improve the mechanism of management, stabilize the gold market, and assure the domestic gold price to be close with the international gold price.
a) To accelerate the processing of SJC gold bar from other branding gold bars in order to support credit institutions to have gold source for payment of overdue amounts which have been mobilized or been kept on behalf of clients.
b) To organize production of gold bar, export of raw material gold, import of raw material gold for production of gold bar; to grant permit of gold bar trading for credit institutions, enterprises meeting conditions, dossiers and procedures.
c) To strictly follow up and supervise the final settlement of outstandings from mobilization and supply of loans in gold of credit institutions; apply necessary support measures for this final settlement to be implemented in accordance with progress and regulation of the State bank of Vietnam.
d) To carry out the mechanism of gold purchase and sale of the State bank of Vietnam aiming to set up and ensure circulation of the market. To closely follow up changes of gold market in order to handle timely, remove the difficulties, problems of credit institutions, enterprises which are permitted to do business in gold purchase and sale.
e) To examine, inspect, supervise activities of gold trading of credit institutions, enterprises which have been granted license.
7. To strengthen examination, inspection, supervision of currency market and banking activity, to strictly supervise quality of activities of credit institutions in order to have measures to strictly and timely handle mistakes and problems arising, to ensure safe system, prevent risks and reduce bad debts:
a) To strengthen examination, inspection with respect to credit institutions, concentrating in the contents: Financial and ownership situation; transfer of shares; contributed capital, management and operation; foreign currency and gold business; capital mobilization, credit extension; classification of debts, levels and methods of setting up of risk provisions and use of provisions against credit risks; to abide by regulations on safety of banking activity, regulation on interest rates; activities of preventing money laundering and evaluation of major risks. To detect, clearly determine individual duties and strictly handle acts of cheating, negative, violating law, preventing the process of restructuring, reporting untruthful information and data.
b) To combine inspection and supervision of compliance of policy, law on currency and bank with inspection and supervision of risks of subjects of banking inspection and supervision in order to earlier detect, warn risk of each credit institution and whole system. To coordinate with the State bank’s branches in provinces, cities to strengthen post-investigation supervision and handling with respect to credit institutions in whole system. To closely coordinate with functional agencies in management, inspection, supervision to credit institutions and strengthen fighting, prevention, settlement of acts violating law, crimes in banking sector.
c) To continue consolidating and renewing model of organization and operation of banking inspection and supervision; renew content and method of inspection, supervision suitable with actual requirement. To formulate and put into operation of new supervision norm system and process of supervision, to continue improving the database system of supervision, positively carry out Scheme on information technology modernization in the banking inspection and supervision.
d) To strictly manage establishment of new credit institutions and extension of credit institution network; to restrain extension of credit institution network in urban areas; allow to open branches, transaction offices for credit institutions which have capability of good administration, effective operation, strictly comply with regulations of law and have demand to open branches at places actually having demand on banking services; to prohibit, even withdraw license of branches, transaction offices of credit institutions which have lot weakness on administration, violate regulations on safety and are set at places failing to bring practical effectiveness. To ensure credit institutions to have capability to control effectively potential risks in allowed professional operations.
dd) To formulate legal documents supporting for renewal of inspection, supervision and restructure of credit institutions, bad debt settlement. To improve and put into application of a few of policies, safe regulations in a closer and more cautious direction; research and apply standards on banking administration, especially risk administration suitable with international common practices and actual conditions of Vietnam; to enhance transparency, publicity in banking activities.
e) To continue implementation of solutions on correcting and enhancing effectiveness of the receipt of people, settlement of complaints, denunciations. To carry out Plan on national objective program in prevention and combat against crimes in banking sector in period 2012-2015. To urge, examine, inspect, guide implementation of law on complaints, denunciations; prevention and combat against corruption.
g) To organize synchronous implementation of the Law on prevention of money laundering and guiding documents; to strengthen inspection, examination of implementation of law on prevention of money laundering. To closely coordinate with international and domestic agencies, organizations to implement prevention of money laundering and anti-funding for terror.
8. To continue carrying out plan on restructuring weak commercial banks in accordance with Scheme on restructuring system of credit institutions in period 2011-2015 approved by the Prime Minister in the Decision No. 254/QD-TTg:
a) On the basis of inspection result and result of reviewing, assessing actual finance, operation of credit institutions, new regulations on safe banking activities promulgated in quarter I/2013, to direct credit institutions to formulate and carry out plan to restructure suitable to each specific credit institution aiming to overcome weakness, limitations and violations of credit institutions. To carry out synchronous solutions to restructure finance, operation and administration of credit institutions, in which concentrate on handling of weak credit institutions and credit institutions violating seriously provisions of law. To encourage, facilitate for credit institutions to on initiative merge, consolidate, buy back and prepare to apply measures of compulsory interference in order to handle weak credit institutions as prescribed by law.
b) To inspect, follow up, closely supervise credit institutions in formulation and carrying out of plan on restructure, especially banks which have been approved in 2012 in order to ensure implementation in accordance with objectives, solutions and roadmap have been set out in the plan.
9. To flexibly regulate cash quantity in circulation meeting demand of the economy for both of structure and value and ensure well issuance reserves; to strengthen measures to prevent counterfeit money, ensure safety of vault.
10. To enhance quality of statistics, forecasts in service for planning and operating monetary policy: To direct, guide credit institutions to implement in accordance with regime on accounting, report, statistics; to organize effective system of information and data collection ensuring collection, summarization of data to be more exact and timely. To coordinate with ministries, branches in order to enhance quality of setting up, analyzing, forecasting the international payment balance in service for operating monetary policy, exchange rates. To closely follow up changes of macro-economy, domestic and international fiancial and currency markets in order to update timely and on initiative give out forecasts on macro-economy, changes of currency norms in service for timely proposal of solutions in operating monetary policy and banking activity.
11. To on initiative intergrate international economy in banking field under a roadmap and step suitable to capacity of system of Vietnam banks in the framework of international and region cooperation, to implement well role as representative of the Government at international monetary and financial organizations. To positively coordinate with Ministries, branches in negotiation, signing and completion of procedures of disbursement of programs, projects borrowed capital from the World Bank, Asia Development Bank, etc; to formulate and improve legal framework for management and use of official development support sources and other preferential loans for Vietnam, to research and use effectively results, comments in Report of Program on Financial Region Assessment in Vietnam.
12. To improve strategy on banking development by 2020 and plan on implementation of strategy on banking development by 2020; to implement synchronous solutions in order to enhance quality and increase capacity of actual application of scientific works and researches in banking sector.
13. To continue carry out drastically and effectively the Scheme on pushing up payment without cash use in Vietnam in the period 2011-2015 approved by the Prime Minister in the Decision No. 2453/QD-TTg, of December 27, 2011; to improve legal framework on activities of payment in the economy; to encourage development of payment operation without cash use, to apply new and modern payment facilities suitable to actual conditions in Vietnam; to enhance quality and capability on technical infrastructure in service for payment operation in the economy.
14. To operate well the system of inter-bank electronic payment. To continue push up application of information technology in activities of system of the State bank in association with renewal of methods on operation aiming to enhance effectiveness, ensure publicity, transparence in activities of the State bank of Vietnam. To renew technology, built information technology infrastructure in orientation of effective concentration, use and operation of advanced technologies, timely and exactly receive and handle information in order to meet well requirements in activities of the State bank of Vietnam.
15. To arrange full force source to positively and effectively participate in carrying out of the project on banking management and modernization information system, effectively use capital sources borrowed from the World bank in accordance with objectives, progress of the project and commitment with sponsors; to review, research in order to propose technical requirements under international standards and suitable to actual conditions of Vietnam.
16. To strengthen information, propagation on policies and solutions in operating the monetary policy and banking activity by on initiative formulating programs, plans to inform and propagate on the website of the State bank of Vietnam; to closely coordinate with communication agencies to push up activities in propagation on policies, orientations in directing, results attained of the State bank of Vietnam; to organize press meeting periodically and irregularly in order to supply timely information on changes of mechanism and solutions of operating as well as orientations in operating the monetary policy and banking activity; to timely and fully announce information, data on monetary and banking activity as prescribed in the Circular No. 35/2011/TT-NHNN, of November 11, 2011 stipulating on announcement and supply of information of the State bank of Vietnam; to effectively implement report, explaination, supply of information, answering questions of National Assembly’s delegates.
17. To concentrate on effective implementation of plan on administrative reform of the State bank of Vietnam in the period 2012-2015, in which pay attention to reforming of institutions, reforming of machine organization, building and development of staff, reforming administrative procedures. To complete formulation and application of the quality control system under standard ISO 9001:2008 into activity of the State bank of Vietnam. To carry out strictly the Directive No. 30/CT-TTg, of November 26, 2012 of the Prime Minister on enhancing the practicing thrifty, combating waste, especially in capital construction, procurement of fixed assets and use of regular funding. To enhance quality of internal control and audit of the State bank of Vietnam aiming to detect, prevent mistakes, ensure safe and effective operation of units of the State bank of Vietnam.
III. FOR THE STATE BANK’S BRANCHES IN CENTRAL-AFFILIATED CITIES AND PROVINCES
1. On initiative research, guide credit institutions in their localities to implement solutions on monetary, credit and banking operation of the State bank of Vietnam, support for socio-economic development in their localities according to the function of advising and assisting the Governor of the State bank to implement state management on monetary and banking activity in localities of central-affiliated cities and provinces.
2. To concentrate forces in order to finish the inspection plan No. 16/NHNN-TTGSNH, of January 02, 2013 of the Governor of the State bank, to strengthen examination, inspection, supervision of credit institutions in their localities in compliance with regulation of the State bank of Vietnam on monetary, exchange rates, foreign exchange, interest rates, collection of charges, credit, etc. To closely supervise implementation of norms on credit growth applicable to each credit institution and branches in their localities under the credit growth norms notified by the the State bank of Vietnam for credit institutions and norms allocated for branches of credit institutions. To strictly handle violations of credit institutions in their localities; in case where detecting problems beyond their competence, timely report to the Governor of the State bank for consideration and handling.
3. On initiative catch up socio-economic situations and banking activities in their localities in order to report and suggest to executive committees, local authorities and the Governor of the State bank on measures to manage activity, network of credit institutions and amendments of mechanism, policies suitable to actual conditions; to strengthen the coordination and exchange of information with units at head office of the State bank of Vietnam.
4. On initiative work with Delegations of National Assembly, provincial People’s Councils and People’s Committees, services, divisions, sectors, associations of enterprises and trades in their localities in order to propagate, popularize, answer questions relating to solutions on operating the monetary policy and banking activity of the Government, the State bank of Vietnam, creating consensus, advocate of agencies, enterprises in their localities on solutions on operating the monetary policy and banking activity. Periodically report result of National Assembly’s mission in their localities, closely coordinate with Office of the State bank and relevant units at head office in order to implement well the National Assembly’s mission.
IV. FOR CREDIT INSTITUTIONS
1. To formulate and implement the business plan, the credit growth plan in 2013 in conformity with solutions on operating monetary, credit policies, banking activity of the Government and the State bank of Vietnam; send plan on credit growth to the State bank of Vietnam (the Monetary policy department, banking inspection and supervision agencies) in order to supervise and implement the state management function on credit operation. On the basis of the 2013 credit growth plan, to assign the credit growth plan to their branches (the exchange services), and send the State bank’s branches in cities, provinces where the branches is operating in order to implement the state management function on credit activities in their localities.
2. To implement solutions to expand credit effectively in order to support the economic growth at a reasonable level, contributing on controlling inflation, removing difficulties for production business, the market support:
a) To control speed of credit growth in 2013 suitable to maximum norms of credit growth under notice of the State bank of Vietnam; prioritize to concentrate capital in order to support loans in agriculture, production of exports, support industry, medium and small-sized enterprises, enterprises applying high technology, intensive-labour enterprises, effective projects; closely control request for loans with potential high risks, credit growth in foreign currency suitable to capacity of capital mobilization and policies on restraining dollarization in the economy.
b) To consider to keep a rational quantity of capital on loans for subjects purchasing social house, enterprises changing the use of investment project to project on social house under direction of the Government in the Resolution No. 2 with a reasonable interest rate and the repayment term suitable to the term of capital sources and solvency of customers.
c) To organize credit programs, policies under direction of the Government and the Prime Minister, such as: The credit policy applicable to agricultural and rural fields as prescribed in the Government’s Decree No. 41/2010/ND-CP, of April 12, 2010, policy on loans for shark catfish breeding under directions of the Prime Minister in the official dispatch No. 1149/TTg-KTN, of August 08, 2012; policy on support aiming to reduce the post-harvest loss of agricultural products, aquatic products as prescribed in the Decision No. 63/2010/QD-TTg, of October 15, 2010 and the Decision No. 65/2011/QD-TTg, of December 02, 2011 of the Prime Minister; loans for purchase, temporary storage of food,coffee, etc and other credit programs, policies under directions of the Government and the Prime Minister in 2013.
d) To review, accelerate approval of credit extension for projects on production and business which are effective and have high capability of capital recovery; for projects with big capital demand exceeding capacity to meet of credit institutions, credit institutions on initiative consider to comply with clause 6, clause 7 Article 128 of Law on credit institutions.
dd) To continue drastically implementing solutions to remove difficulties in credit relationship between credit institutions and customers under direction of the Government and the State bank of Vietnam aiming to facilitate for customer to access credit capital sources of loans in accordance with regulation of law, and contribute in support for enterprises and people in maintaining and development of production and business, such as restructuring repayment term (adjust payment term, prolong debt), exempt, reduce interest rate of loans on the basis of financial capability of credit institutions, etc. In case of detecting difficulties, problems on mechanism, policy, report the State bank of Vietnam for timely consideration and handling.
e) To research in order to consider implementation of credit product packages based on the linkage chain from production to consumption aiming to enhance effect and reduce cost of loan activity, support customers borrowing capital for investment, production - business and consumption of product, such as loans under chain including the breeders, buyers, processing persons of export aquatic products, loans with linkage among investors, constructors, building material suppliers and house buyers.
3. To implement interest rate of mobilization and loans:
a) To seriously implement regulations and directions of the State bank of Vietnam on interest rate; apply reasonable loaning interest rates on the basis of interest rate of mobilization and risk levels of the loans; to save cost, reduce maximally cost for management, advertisement, promotion and operation cost in order to have condition to reduce loaning interest rates aiming to share difficulties with borrowers.
b) Not to collect charges relating to loans, excepting a few of charges specified in the Circular No. 05/2011/TT-NHNN, of March 10, 2011 of the Governor of the State bank stipulating on collection of loaning charges of credit institutions applicable to customers.
c) To regularly closely supervise implementation of regulations of the State bank of Vietnam on interest rate of mobilization and loan, timely detect violations in order to have suitable handling measures on the basis of clear delineation of duties of organizations, individuals. Credit institutions violate regulation on interest rate shall be handled as prescribed by law and the Directive No. 02/CT-NHNN, of September 07, 2011 of the Governor of the State bank on correcting implementation of regulation on interest rate of mobilization in Vietnam dong and U.S dollar.
4. To implement regulations on foreign exchange management and gold business:
a) To abide seriously by regulations of the State bank of Vietnam and other regulations of law on foreign currency trading, exchange rate listing, management of foreign exchange and management of gold business activity; to comply with regulations of the State bank of Vietnam on stopping gold mobilization and loan. Expeditiously do final settlement for the outstandings of gold capital mobilization in accordance with regulations of the State bank of Vietnam.
b) To organize network of gold bar purchase and sale at transaction places which are granted permit for gold bar trading by the State bank of Vietnam. To assure compliance with regulations on public listing of the purchase price and sale price of gold bar at transaction places and comply with regulations on accounting regime, making and use of invoices, vouchers in order to ensure rights and interests of people in purchase and sale of gold bar.
5. Credit institutions (excepting credit institutions which have restructured under plan approved by the State bank of Vietnam) on intiative review, assess all-sides of activity in order to formulate and report to the State bank of Vietnam before February 28, 2013 for their plan on restructure on organization and activity in order to ensure handling shortcomings, weakness, violations and to comply with regulations on banking organization and activity according to the Law on credit institutions and guiding documents of the State bank of Vietnam, in which: The state commercial banks, joint-stock commercial banks, financial companies, joint-venture banks and financial leasing companies shall report plan on restructure to the agency of banking inspection and supervision, People’s credit funds shall report plan on restructure to the State bank’s prov
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