DECISION

ON THE AMENDMENT, SUPPLEMENT OF SEVERAL ARTICLES OF THE REGULATION ON OPEN MARKET OPERATION ISSUED IN CONJUNCTION WITH THE DECISION No. 85/2000/QD-NHNN14 DATED 09 MARCH, 2000 AND PARAGRAPH 4, ARTICLE 1 OF THE DECISION No. 1439/2001/QD-NHNN DATED 20 NOVEMBER, 2001 OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

THE GOVERNOR OF THE STATE BANK

- Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated 12 December, 1997; the Law No. 10/2003/QH11 dated 17 June, 2003 on the amendment, supplement of several Articles of the Law on the State Bank of Vietnam and the Law on the Credit Institutions No. 02/1997/QH10 dated 12 December, 1997;
- Pursuant to the Decree No. 86/2002/ND-CP dated 05 November, 2002 of the Government providing for the function, assignment, authority and organization structure of Ministries and ministerial-level agencies;
- Upon the proposal of the Director of the Credit Department,

DECIDES:

Article 1. To amend, supplement several Articles of the Regulation on open market operation issued in conjunction with the Decision No. 85/2000/QD-NHNN14 dated 09 March, 2000 of the Governor of the State Bank of Vietnam as follows:

1. Article 1 shall be amended as follows:

“Article 1. Governing scope and subjects of application

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2. Article 2, paragraph 1 and paragraph 4 shall be amended as follows:

“1. Remaining period means the time calculated from the purchasing, selling date of the valuable paper through the open market operation till the maturity date of this valuable paper."

"4. Auction by volume shall be the determination of the winning volume of credit institutions participating in the open market operation on the basis of the volume put into auction by credit institutions, volume of valuable papers to be purchased or sold and the interest rate announced by the State Bank.

3. Article 8 shall be amended as follows:

“Article 8. Valuable papers to be transacted through open market operations:

1. Treasury Bills;

2. State Bank bills;

3. Treasury Bonds;

4. Investment Bonds, the payment of which is made by the central Budget;

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6. Other types of valuable paper provided for specific period of time by the Governor of the State Bank.”

4. Article 12 paragraph 3 shall be amended as follows:

"3. Being registered with the State Bank in accordance with the provision of the State Bank on the registration of valuable paper;”

5. Article 13 paragraph 1 point a shall be amended as follows:

"a. The State Bank shall give notice to credit institutions of the rate of auction interest. The Executive Committee of the open market operation shall decide to notify or not in advance of the volume of valuable paper, which need to be purchased or sold by the State Bank prior to each auction session".

6. Article 14 Paragraph 2 point c shall be amended as follows:

"c. Winning volume, winning interest rate of valuable papers that the State Bank has purchased or sold through the open market operation at the latest auction session;"

7. Article 15 paragraph 7 shall be amended as follows:

"7. Payment date of each type of valuable paper (in case the State Bank sells);"

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9. Article 20 paragraph 1: to cancel the passage "at 14 p.m the auction day at the latest"

10. Article 21 paragraph 4, paragraph 5 and 6 shall be amended as follows:

a. Paragraph 4: to repeal the paragraph 4

b. Paragraph 5: to repeal the passage "at 15.30 p.m on the auction day at the latest "

c. Paragraph 6: to repeal the passage "prior to 16.30 p.m of the same day"

11. Article 25 paragraph 2, point b shall be amended as follows:

"b. To recommend the Executive Committee of Open Market Operation of the volume of valuable paper which needs to be purchased, sold, of the required time limit of purchase and sale and expected interest rate levels applicable to the purchase, sale of valuable paper".

12. Appendixes No. 01, 02, 03, 04, 05, 06 and 07 shall be amended and attached with this Decision.

Article 2. To amend paragraph 4, Article 1 of the Decision No. 1439/2001/QD-NHNN dated 20 November, 2001 on the amendment of several Articles in the Regulation on the open market operations issued in conjunction with the Decision No. 85/2000/QD-NHNN14 dated 9 March, 2003 of the Governor of the State Bank as follows:

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6. Volume needs to be purchased, sold in term of value as at the maturity of valuable paper (except for the case where the Executive Committee of the open market operation decides not to give notice in advance of the volume, which the State Bank of Vietnam needs to purchase or sell)";

Article 3. This Decision shall be effective after 15 days from the date of publication in the Official Gazette.

Article 4. The Head of the Administration Department, the Director of Credit Institutions, the Director of the Banking Operation Department, the Director of the Monetary Policy Department, Heads of units of the State Bank, Managers of the State Bank branches in provinces and cities under the central Government's management, Chairpersons of the Board of Directors, General Director (Directors) of credit institutions participating in the open market operation shall be responsible for the implementation of this Decision.

FOR THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR




Phung Khac Ke

Appendix No. 01/TTM

NAME OF CREDIT INSTITUTION
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No. …………….

Date:………………

REGISTRATION FOR PARTICIPATING IN THE OPEN MARKET OPERATION

To: The State Bank of Vietnam
(The Banking Operation Department)

Name of the Credit Institution:.....................................................................................

Address:...................................................................................................................

Telephone:....................................................... Fax:..................................................

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VND deposit account:....................................... at.....................................................

hereby registers to participate in the open market operation at the State Bank and undertakes to fully comply with provisions of the Regulation on open market operation.

We would like to introduce the signatures and apply for the grant of signature codes to following persons for participating in the open market operations:

Competent persons:
- The first person:
- The second person:
Controllers:
- The first controller:
- The second controller:
Dealer (Drawer):
1. Dealer:
2. Dealer:

POSITION

THE FIRST SIGNATURE

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GENERAL DIRECTOR (DIRECTOR)
(Sign, seal)
(Full name)

Appendix No. 02/TTM

THE STATE BANK OF VIETNAM
OPERATION DEPARTMENT
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No. -----------/TTM

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NOTICE OF PURCHASE OF VALUABLE PAPER

Date:……………………….

To:……………………………………………

Based on the Notice No.: ..............dated ……… by the Executive Committee of the open market operation, the Banking Operation Department of the State Bank gives hereby the Notice of Purchase auction of valuable papers with following main contents:

- Auction date:

- Mode of auction:

- Form of offer appraisal:

- Payment date:

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Term of valuable paper

Form of valuable paper

Volume of valuable paper in terms of value at its maturity date (VND million)

Purchasing interest rate [1] ^[1] of valuable paper (% per annum)

Mode of Purchase

Outright purchase (maximum remaining term of valuable paper)

Term purchase (purchase term)

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THE DIRECTOR OF THE BANKING OPERATION DEPARTMENT

Appendix No. 03/TTM

STATE BANK OF VIETNAM
OPERATION DEPARTMENT
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No. -----------/TTM

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NOTICE OF SALE OF VALUABLE PAPER

Date:……………………………

To:……………………………………………………..

Based on the Notice No.: ..............dated …………. by the Executive Committee of the open market operation, the Banking Operation Department of the State Bank gives hereby the Notice of sale auction of valuable papers with following main contents:

- Auction date:

- Mode of auction:

- Form of offer appraisal:

- Payment date:

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Term of valuable paper

Form of valuable paper

Volume of valuable paper in terms of value at its maturity date (VND million)

Selling interest rate ^[1] of valuable paper (% per annum)

Mode of Sale

Outright sale (maximum remaining term of valuable paper)

Term sale (sale term)

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THE DIRECTOR OF THE BANKING OPERATION DEPARTMENT

Appendix No. 04/TTM

NAME OF CREDIT INSTITUTION
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Code:…………………..

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REGISTRATION FOR THE PURCHASE OF VALUABLE PAPER

Date:………………………

To: Banking Operation Department

Based on the Notice of Sale of valuable paper No. ………..dated…………..of the Banking Operation Department, …………….(name of the credit institution) makes hereby the Registration for the purchase of short-term valuable paper as follows:

Name of valuable paper

Term of valuable paper

Form of valuable paper

Volume of valuable paper in terms of value at its maturity date (VND million)

Maturity date of valuable paper

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Mode of Purchase

Purchase[4][2] price

Outright purchase (maximum remaining term of valuable paper)

Term purchase (purchase term)

In number

In words

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DEALER
(Signed)

CONTROLLER
(Signed)

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Appendix No. 05/TTM

NAME OF CREDIT INSTITUTION:
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Code:…………..

REGISTRATION FOR THE SALE OF VALUABLE PAPER

Date…………………………………

To: Banking Operation Department

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Name of valuable paper

Term of valuable paper

Form of valuable paper

Volume of valuable paper in terms of value at its maturity date (VND million)

Maturity date of valuable paper

Interest rate [1] of auction participation (% per annum)

Mode of Purchase

Purchase [2] price

Outright purchase (maximum remaining term of valuable paper)

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In number

In words

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DEALER
(Signed)

CONTROLLER
(Signed)

GENERAL DIRECTOR (DIRECTOR)
(Signed)

Appendix 06/TTM

(prepared by the selling party)

SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom - Happiness
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THE SALE AND REPURCHASE AGREEMENT FOR VALUABLE PAPER
Date:……………………………..

Based on the Decision No. 85/2000/QD-NHNN14 dated 9 March 2000 of the Governor of the State Bank on the issuance of the Regulation on the Open market operation, the Decision No. ................ dated............... on the amendment, supplement of several Articles in the Regulation on the open market operation and the notice of the auction winning results dated ............. by the Banking Operation Department.

The selling party:................................................................ (hereinafter referred to as party A)

Address:............................................................................................................................

Tel:.................................................................. Fax:...........................................................

Account No........................................................................................................................

The purchasing party.......................................................... (hereinafter referred to as party B)

Address:............................................................................................................................

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Account No........................................................................................................................

The parties hereto agree on the contents of the Agreement as follows (Form attached):

1. Party A agrees to sell valuable to party B at the price of ……….(amount) for a period of…… (day number). Party A shall be responsible for the delivery of valuable paper to Party B and Party B shall be responsible to make full payment of the valuable paper to Party A on ……… (date of payment).

2. Party A commits to repurchase above-mentioned valuable paper at the repurchase price of …….. (amount) at the expiration of the Agreement. Party B shall be responsible to return above-mentioned valuable paper to Party A and Party A shall be responsible to make full payment of the repurchase of the valuable paper at……….. (the expiry date of the Agreement)

3. This Agreement shall be effective from ………….. The two parties commit to comply with the agreed contents of this Agreement and provisions of the Regulation on open market operation issued in conjunction with the Decision No........... dated ................. of the Governor of the State Bank.

REPRESENTATIVE OF PURCHASING PARTY

REPRESENTATIVE OF SELLING PARTY

FORM ATTACHED TO THE APPENDIX NO. 06/TTM

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Term of valuable paper

Form of valuable paper

Volume of valuable paper in terms of value at its maturity date (VND million)

Term of the term transaction

Auction winning interest (united or separate) or interest rate announced by the State Bank (% per annum)

Selling price

Repurchase price

Date of delivery, receipt and payment upon the expiration of the sale and repurchase agreement

(1)

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(3)

(4)

(5)

(6)

(7)

(8)

(9)

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REPRESENTATIVE OF PURCHASING PARTY

REPRESENTATIVE OF SELLING PARTY

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Note: Seal on the Fax copy

Appendix No. 07/TTM

THE STATE BANK OF VIETNAM
OPERATING DEPARTMENT
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REPORT ON THE PERFORMANCE OF OPEN MARKET OPERATION

Date.....................

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Accumulated amount from 1/1/.... to .......

Volume of valuable paper in terms of the value at its maturity date

Modes of purchase, sale (term purchase or sale 1, or outright purchase or outright sale 2)

Term of purchase or sale

Auction winning interest (united or separate) or interest rate announced by the State Bank

Purchase price or selling price

Volume of valuable paper in terms of the value at its maturity date

Purchase

Sale

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2

3

4

5

6

7

8

I. Treasury Bills:

1. Term of.....

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1.2. Registered

2. Term of......

1.1. Certificate

1.2. Registered

II. State Bank Bills

1. Term of.....

1.1. Certificate

1.2. Registered

2. Term

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III..............

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Total

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DIRECTOR OF THE BANKING OPERATION DEPARTMENT