THE STATE BANK OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM |
No.: 33/2015/TT-NHNN | Hanoi, December 31, 2015 |
CIRCULAR
PRUDENTIAL RATIOS OF MICROFINANCE INSTITUTIONS
Pursuant to the Law on State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
The Law on Credits Institutions No. 47/2010/QH12 dated June 16, 2010;
The Government’s Decree No. 156/2013/ND-CP dated November 11, 2013 defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;
At the request of the Head of the Banking Supervision Agency;
The Governor of the State bank of Vietnam promulgates a Circular on prudential ratios of microfinance institutions (MFIs).
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides for the prudential ratios that have to be maintained by microfinance institutions, including:
a) Capital adequacy ratio;
b) Solvency ratio.
2. On the basis of results of supervision and inspection of MFIs by the State Bank of Vietnam (SBV), where it is deemed necessary to ensure the safety for operations of MFIs, depending on the characteristics and level of risks, SBV may request these MFIs to maintain stricter prudential ratios than those specified in this Circular.
Article 2. Regulated entities
This Circular applies to:
1. MFIs operating in Vietnam;
2. Organizations and individuals relevant to operations of MFIs.
Article 3. Interpretation of terms
1. “outstanding debt” means the sum of undue debts and overdue debts of a MFI.
2. “retained earnings” mean the undistributed profits which are determined after the independent audit of a MFI’s annual financial statements and retained according to decision of the Board of Members or owner of the MFI for the purpose of having additional funds.
Chapter II
SPECIFIC PROVISIONS
Article 4. Capital adequacy ratio
1. MFIs must maintain the minimum capital adequacy ratio (CAR) of 10%.
2. CAR is determined by adopting the following formula:
CAR | = | Equity | x | 100 (%) |
|
| Total credit risk-weighted assets |
|
|
Where:
- The equity shall be determined according to Article 5 hereof.
- Total credit risk-weighted assets is the sum of credit assets, determined according to the level of risks specified in Article 6 hereof.
3. Determination of CARs is elaborated in Appendix 01 enclosed herewith.
Article 5. Owners’ equity
1. The owners' equity of a MFI equals (=) Tier 1 capital plus (+) Tier 2 capital minus (-) deductions from the equity at the time of equity determination.
2. Tier 1 capital consists of:
a) Charter capital;
b) Additional charter capital reserve fund;
c) Fund for operational development and investment;
d) Retained earnings;
dd) Grants given to the MFI.
3. Tier 2 capital consists of:
a) 50% of the increase arising out of revaluation of fixed assets as prescribed by laws;
b) Financial reserve fund;
c) General provisions which do not exceed 1.25% of total credit risk-weighted assets;
d) Debts of the MFI that satisfy the following conditions:
(i) The loan term is more 10 years;
(ii) Such debt is not secured by assets of the MFI;
(iii) The MFI is not permitted to pay off the debt before the maturity date;
(iv) The MFI is permitted to stop paying interests and carry accrued interests to the next year if the interest payment results in losses sustained in the year;
(v) In case the MFI is dissolved or declared bankrupt, the debt will only be repaid after the MFI has discharged all liabilities to other creditors;
(vi) The interest rate may only be increased 05 years after the date of signing contract and shall be changed once during the loan term.
4. Limitations on determination of Tier 2 capital:
a) The maximum Tier 2 capital included in the equity does not exceed 100% of the Tier 1 capital;
b) Total value of the debts included in Tier 2 capital as specified in Point d Clause 3 of this Article does not exceed 50% of the Tier 1 capital;
c) 20% of total value of the debts included in Tier 2 capital as specified in Point d Clause 3 of this Article shall be annually deducted on the day corresponding to the date of signing contract, starting from the fifth year prior to the repayment date.
5. Deductions from the equity include:
a) Accumulated losses;
b) 100% of the decrease arising out of revaluation of fixed assets as prescribed by laws.
Article 6. Credit risk-weighted assets
Credit assets of a MFI shall be classified according to the level of risks into the following groups:
1. Credit assets given a risk weight of 0% include:
a) Cash;
b) Deposits at SBV;
c) Outstanding debts which are entirely secured by deposits (either voluntary deposits or compulsory savings) at the MFI;
d) Outstanding debts which are entirely secured by financial instruments issued by the Government;
dd) Outstanding debts of trusted loans and loans given by trust funds according to regulations on offer and acceptance of trusteeship performed by other credit institutions and foreign bank branches.
2. Credit assets given a risk weight of 20% include:
a) Deposits at commercial banks;
b) Outstanding debts of loans which are entirely secured by deposits at other credit institutions or foreign bank branches in Vietnam;
c) Outstanding debts of loans which are entirely secured by financial instruments issued by state-owned financial institutions, other credit institutions or foreign bank branches in Vietnam.
3. Credit assets given a risk weight of 50% include:
a) Outstanding debts of loans secured by housing, land use rights, housing attached to land use rights of borrowers at the MFI;
b) Outstanding secured debts of savings and borrowing clienteles at the MFI.
4. Credit assets given a risk weight of 100% include:
a) Outstanding debts other than those specified in Clause 1, Clause 2 and Clause 3 of this Article;
b) All credit assets other than those specified in Clause 1, Clause 2, Clause 3 and Point a Clause 4 of this Article.
Article 7. Internal regulations on liquidity management
1. Pursuant to this Circular, applicable SBV's regulations and based on the actual operating status, the Board of Members of the MFI shall promulgate internal regulations on liquidity management as prescribed in Clause 2 of this Article; review and revise such internal regulations at least once a year for the purposes of achieving the efficient and timely management of its liquidity.
2. Internal regulations on liquidity management shall include, inter alia, the following:
a) Assignment of person(s) to monitor the solvency of the MFI;
b) Plans for payment of deposits (including voluntary deposits and compulsory savings) in case of failure to maintain the solvency ratio;
c) Regulations on management of budget, receipts, payments, daily fund sources and holding of financial instruments which can be quickly converted into cash.
3. Within 10 business days from the date of promulgation or revision of the internal regulations on liquidity management, the MFI must send, either directly or by post, such promulgated or revised internal regulations on liquidity management to the SBV’s branch of the province or central-affiliated city where the Office of the Banking Supervision Agency is not located or to the Office of the Banking Supervision Agency at the place where the MFI’s headquarters is located.
Article 8. Solvency ratio
1. MFIs must maintain the minimum solvency ratio of 20%.
2. The solvency ratio is determined by adopting the following formula:
A = <Object: word/embeddings/oleObject1.bin> x 100 (%)
Where:
A: Solvency ratio.
B: Cash, deposits at SBV and commercial banks (if any).
C: The sum of voluntary deposits.
3. Determination of the solvency ratio is elaborated in Appendix 02 enclosed herewith.
Chapter III
REPORTING, ACTIONS AGAINST VIOLATIONS AND RESPONSIHBILITY OF RELEVANT UNITS
Article 9. Reporting
MFIs shall submit reports on their maintenance of prudential ratios during their operations in accordance with SBV’s regulations on statistical reports.
Article 10. Actions against violations
Any MFIs, relevant organizations and individuals violating the regulations of this Circular shall, depending on the nature and severity of each violation, incur penalties in accordance with laws.
Article 11. Responsibility of relevant units
1. The Banking Supervision Agency shall:
a) Play the leading role and cooperate with relevant Departments/Agencies to request the SBV’s Governor to consider and request MFIs to maintain specific prudential ratios as prescribed in Clause 2 Article 1 hereof;
b) Offices of the Banking Supervision Agency shall:
(i) Inspect, supervise and take actions against violations against regulations on prudential ratios herein committed by MFIs within their competence;
(ii) Receive internal regulations and revisions thereof submitted by MFIs located in the province in accordance with regulations hereof.
2. Each SBV’s branch of the province or central-affiliated city shall:
a) Inspect, supervise and take actions against violations against regulations on prudential ratios herein committed by MFIs within its competence;
b) Receive internal regulations and revisions thereof submitted by MFIs located in the province or central-affiliated city in accordance with regulations hereof;
c) Based on the results of inspection and supervision of MFIs in the province or central-affiliated city, propose the SBV to request MFIs to maintain specific prudential ratios as specified in Clause 2 Article 1 hereof;
d) Cooperate with the Office of the Banking Supervision Agency in managing and supervising the compliance with regulations herein by MFIs located in the province or central-affiliated city.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 12. Effect
This Circular comes into force from March 01, 2016 and supersedes the Circular No. 07/2009/TT-NHNN dated April 17, 2009 of the Governor of the State Bank of Vietnam on prudential ratios of microfinance institutions.
Article 13. Implementation
Chief of Office, Head of the Banking Supervision Agency, heads of affiliated units of SBV, Directors of SBV’s branches in provinces or central-affiliated cities, Chairpersons of the Board of Members, and General Directors (Directors) of MFIs shall be responsible for the implementation of this Circular./.
| PP. THE GOVERNOR |
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