Thông tư 05/2021/TT-NHNN

CIRCULAR

AMENDING CIRCULAR NO. 42/2016/TT-NHNN DATED DECEMBER 30, 2016 BY GOVERNOR OF THE STATE BANK OF VIETNAM ON RATING OF PEOPLE’S CREDIT FUNDS

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 Law on Amendments to Law on Credit Institutions dated November 20, 2017;

Pursuant to the Government’s Decree No. 16/2017/ND-CP dated February 17, 2017 on functions, duties, powers and organizational structure of the State Bank of Vietnam;  

At the request of the Chief Banking Inspector;

The Governor of the State Bank of Vietnam hereby promulgates a Circular amending Circular No. 42/2016/TT-NHNN dated December 30, 2016 by Governor of the State Bank of Vietnam on rating of people’s credit funds (hereinafter referred to as “Circular No. 42/2016/TT-NHNN”).

Article 1. Amendment to some Articles of Circular No. 42/2016/TT-NHNN

1. Clause 2 Article 3 is amended as follows:

 “2. People’s credit funds shall be rated as Class A (very good performance), Class B (good performance), Class C (average performance) or Class D (poor performance) according to regulations in Article 12 herein.”

2. Point dd Clause 1 Article 4 is amended as follows:

 “dd) Supervision results, inspection conclusions and post-inspection handling documents for people’s credit funds of banking inspectors;”

3. Point a Clause 4 Article 8 is amended as follows:

 “a) 1 point will be deducted if the people’s credit fund fails to submit reports sufficiently or promptly according to regulations of the State Bank to the provincial State Bank branch two times or more;”

4. Article 13 is amended as follows:

“Article 13. Rating assignment

1. Before May 31 of every year, State Bank branches shall rate the performance of people’s credit funds in areas under their management in the immediately preceding year.

2. Ratings shall be assigned based on documents, information and data mentioned in Article 4 herein and additional reports and explanations provided by people’s credit funds during the rating process."

5. Article 14 is amended as follows:

“Article 14. Announcement of rating results

Within 05 working days from the date on which the rating process is completed, State Bank branches shall report results of rating of people’s credit funds in areas under their management to the Governor of the State Bank (via Banking Supervision Agency) using Form No. 01 enclosed therewith and announce rating results (including total score) to each people’s credit fund in areas under their management.”

6. Articles 14a, 14b and 14c are added to Chapter III as follows:

 “Article 14a. Responsibilities of people’s credit funds

1. Take full responsibility for the accuracy and honesty of documents, information and data provided and provide additional reports and explanations for rating-related contents at the request of State Bank branches.

2. Manage rating results according to regulations on protection of state secrets concerning the banking sector and other relevant legal documents.

3. Not provide their rating results for unaffiliated organizations and individuals.

Article 14b. Responsibilities of State Bank branches

1. Rate people’s credit funds in areas under their management.

2. Based on rating results, manage, inspect and supervise people’s credit funds in areas under their management and perform other tasks as per the law.

3. Manage, announce and provide rating results of people’s credit funds in areas under their management according to regulations of this Circular, regulations on protection of state secrets concerning the banking sector and other relevant legal documents.

Article 14c. Responsibilities of Banking Supervision Agency

1. Provide guidance on and inspect rating of people’s credit funds by State Bank branches.

2. Manage and provide rating results of people’s credit funds according to regulations of this Circular, regulations on protection of state secrets concerning the banking sector and other relevant legal documents.”

Article 2.

1. Form No. 01 enclosed therewith supersedes Form No. 01 enclosed with Circular No. 42/2016/TT-NHNN.

2. Form No. 02 enclosed with Circular No. 42/2016/TT-NHNN is annulled.

Article 3. Implementing responsibilities

Head of State Bank Office, Chief Banking Inspector and heads of affiliates of the State Bank and people’s credit funds shall implement this Circular.

Article 4. Implementation clause

This Circular takes effect from August 01, 2021.