Revising Circular 16: More positive impact on corporate bond market

VCN - According to the State Bank of Vietnam (SBV), the results of inspection and supervision of the trading of corporate bonds by credit institutions have shown number of potential problems, so it is necessary to revise regulations to strictly control risks, contributing to ensuring system safety.
Payment of bonds by Payment of bonds by "barter agreement": is it difficult or easy?
Corporate bonds worth 1.1 billion USD issued in March Corporate bonds worth 1.1 billion USD issued in March
Vietnam adjusting policies to adapt to global minimum corporate income tax: Official Vietnam adjusting policies to adapt to global minimum corporate income tax: Official
The corporate bond market needs more supportive policies. Photo: ST
The corporate bond market needs more supportive policies. Photo: Internet

Expectation to increase liquidity

The SBV has just announced a draft Circular amending and supplementing several articles and suspending the effect of Clause 11 Article 4 of Circular No. 16/2021/TT-NHNN dated November 10, 2021, of the Governor of the State Bank of Vietnam, regulating credit institutions, foreign bank branches buying and selling corporate bonds. According to the SBV, the trading activities of corporate bonds of credit institutions have many potential risks, such as there is no regulation that the conditions for bond issuance are to have financial capacity; the mechanism for inspecting and supervising the capital use of bond issuance is not strict; the ratio of bonds with collateral is large, but the actual quality of the collateral is not high.

Therefore, the draft of the SBV proposes to amend and supplement some of these important contents. The draft allows credit institutions to buy back unlisted corporate bonds which are issued in the same lot/same issue as unlisted corporate bonds that credit institutions have sold before December 31, 2023.

According to FiinRatings data, in Vietnam, out of a total of VND789,000 billion in corporate bonds in the circulation of 757 issuers, only 28 listed banks own about VND253,000 billion, accounting for about 29% of the value. The proportion of corporate bonds that the bank owns currently accounts for about 2.95% of the total credit balance of 28 listed banks by the end of 2022.

According to estimates of VNDirect Securities Company, the maturity value of corporate bonds in 2023 is about VND 252,000 billion, up 64% year-on-year; the pressure of maturity will soar in the second and third quarters of 2023. Therefore, experts said that the above provisions of the draft Circular amending Circular 16 would increase liquidity for the market, helping remove pressure on commercial banks and issuers when many investors are requesting the bond settlement.

Commenting on this issue, Ms Dinh Thi Quynh Van, Director General, Head of Tax Advisory Service, PwC Vietnam, affirmed that one of the key problems of the corporate bond market today is liquidity. Therefore, the draft Circular amending Circular 16 allows banks to buy back or resell corporate bonds to help create better liquidity and support businesses to raise capital in the bond market. Because compared to other countries, Vietnam's corporate bond market is still very low, not vibrant, and not a main channel to attract capital for businesses.

Sharing the same view, according to Mr Nguyen Quang Thuan, Chairman of FiinGroup, the regulation allowing credit institutions to buy back unlisted corporate bonds that credit institutions have previously sold will reduce the pressure on credit institutions. This will also facilitate monitoring the bank's credit quality because the issuer is usually a borrower of the credit institution and contribute to reducing "floating" bonds in the market owned by individual investors.

More risk control measures

According to many experts, the draft Circular amending Circular 16 has many positive points to make the corporate bond market healthy, helping the market develop sustainably. In particular, the draft stipulates that credit institutions are only allowed to buy corporate bonds with a debt ratio (including the expected volume of bonds) that is not five times higher than the equity reported in the most recent quarter's financial statements. In addition, credit institutions are not allowed to buy corporate bonds in case corporate bonds are issued to contribute capital, buy shares, buy capital contributions in other enterprises or for business cooperation or investment cooperation with other enterprises.

The draft adds a regulation that credit institutions are only allowed to buy corporate bonds issued to supplement working capital when they can manage the revenue from the business activities of issuers and collect documents to prove the use of working capital corresponding to the bond value according to the working capital circle during the holding period of corporate bonds. According to the SBV, this regulation ensures the supervision of the use of cash flow from the issuance of corporate bonds.

The draft also adds a regulation that credit institutions must use non-cash payment services to purchase corporate bonds to the issuer and the bond seller. This regulation is to help support the monitoring and supervision of the use of proceeds from bond issuance. In addition, the draft stipulates that credit institutions have the right and obligation to inspect and supervise the use of bond proceeds by the issuers to ensure that the proceeds from bond issuance are used for the right purposes in the plan and commitments with credit institutions and following the internal regulations.

It is concerned that allowing credit institutions to buy bonds will transfer risks from bond issuers to credit institutions, Ms. Dinh Thi Quynh Van said that risk control must start from issuers, and regulatory agencies. The regulator must set standard conditions for bond issuers in terms of transparency, while the credit institution is an investor, so they will consider the profit. According to Ms. Van, the credit institution is also a financial institution, so it will have a calculation tool to avoid risks.

However, Circular 16 still has some problems not mentioned in this draft. For example, the Real Estate Association of Ho Chi Minh City proposed the SBV to amend Circular 16 to allow credit institutions to buy corporate bonds for debt restructuring. In addition, the draft does not change the regulation prohibiting credit institutions from buying corporate bonds for a capital contribution of a share purchase in other enterprises. Therefore, according to experts, the draft Circular amending Circular 16 only opens a narrow door for credit institutions to handle the volume of corporate bonds in hand rather than to "rescue" the corporate bond market, but this also shows the cautiousness of regulators in the context of increasing risks to the global banking system.

The draft Circular amending Circular 16 is still in the process of collecting comments. But in general, it has also brought many expectations for policy changes, helping the banking sector return to transactions in the corporate bond market. At the same time, this amendment continues to show the Government's attention to the difficulties of the financial market after the issuance of Decree 08/2023/ND-CP amending and supplementing decrees on issuing individual corporate bonds and Resolution 33/NQ-CP on removing difficulties for the real estate market.

By Huong Diu/ Huyen Trang

Related News

Electronics industry overcomes challenges to penetrate deep into global supply chain

Electronics industry overcomes challenges to penetrate deep into global supply chain

VCN - In addition to the opportunities from the investment shift in the electronics industry, Vietnamese enterprises also face many challenges in terms of capital, technology and human resources. Ms. Do Thi Thuy Huong, Executive Committee Member of the Vietnam Electronics Industry Association (VEIA), shared about the future directions for this potential industry.
Continue to handle cross-ownership in banks

Continue to handle cross-ownership in banks

VCN - The situation of excess share ownership, cross-ownership between credit institutions (CIs), CIs and enterprises, although has decreased significantly compared to previous periods, is still complicated and requires continued inspection and control.
"One law amending four laws" on investment to decentralize and ease business challenges

"One law amending four laws" on investment to decentralize and ease business challenges

VCN - According to the Government, the draft Law amending and supplementing certain provisions of the Planning Law, Investment Law, Law on Investment under Public-Private Partnerships (PPP), and Bidding Law (referred to as "One law amending four laws") focuses on amending conflicting regulations that are causing obstacles, to facilitate investment, production, and business activities.
Removing difficulties in public investment disbursement

Removing difficulties in public investment disbursement

VCN - According to the report of the Investment Department (Ministry of Finance), the estimated disbursement from the beginning of the year to October 31, 2024 is VND 355,616.1 billion, reaching 47.43% of the 2024 plan, reaching 52.29% of the plan assigned by the Prime Minister.

Latest News

Hanoi Customs resolves tax policy queries for enterprises

Hanoi Customs resolves tax policy queries for enterprises

VCN - Queries regarding customs consultation procedures and tax refunds due to price reduction clauses were addressed by the Hanoi Customs Department, providing clarity for businesses.
Regularly check tax obligations to avoid temporary exit suspension

Regularly check tax obligations to avoid temporary exit suspension

VCN - In order to avoid the situation of arriving at the airport or border gate and only finding out that you owe taxes and being temporarily suspended from leaving the country by the Tax Authority, the Tax Authority recommends that taxpayers regularly look up their tax obligations to have a plan to pay taxes on time, not letting the tax debt situation drag on and drag on.
Implementing the SAFE framework in Vietnam: Assessment through the lens of international standards

Implementing the SAFE framework in Vietnam: Assessment through the lens of international standards

VCN - In June 2005, the World Customs Organization (WCO) developed and adopted the SAFE Framework of Standards to Secure and Facilitate Global Trade. The SAFE Framework plays a crucial role in encouraging countries to modernize, enhance security, and facilitate trade within global supply chain management and Authorized Economic Operator (AEO) programs. This approach introduces a comprehensive method for cross-border goods management and promotes closer cooperation between Customs, businesses, and stakeholders. The Customs News presents a two-part series on implementing the SAFE Framework in Vietnam.
Proposing the Tax Authority be flexible in applying tax debt enforcement measures simultaneously

Proposing the Tax Authority be flexible in applying tax debt enforcement measures simultaneously

VCN - In the draft revised Law on Tax Administration, the Ministry of Finance proposed amending regulations on measures to enforce administrative decisions on tax administration to remove obstacles in policy mechanism and improve the effectiveness of tax administration.

More News

Many shortcomings in process and manual book on handling administrative violations

Many shortcomings in process and manual book on handling administrative violations

VCN - Legal policies on handling administrative violations have effectively supported the technical work of the Customs sector. However, some legal bases and regulations have been amended, replaced, and supplemented, which have limited the efficiency of handling administrative violations of the customs sector.
Implementing the SAFE Framework in Vietnam: Lessons from practice

Implementing the SAFE Framework in Vietnam: Lessons from practice

VCN - The Framework of Standards to Secure and Facilitate Global Trade (SAFE Framework) is a strategic international instrument introduced by the World Customs Organization (WCO) to enhance security and trade facilitation in global supply chains. It contributes significantly to the economic development of the 21st century.
Implementing the SAFE Framework in Vietnam: Solutions and Recommendations

Implementing the SAFE Framework in Vietnam: Solutions and Recommendations

VCN - Recognizing the significance, impact, and benefits of the SAFE Framework in customs modernization and reform, Vietnam Customs is advancing the implementation of SAFE. This involves both capacity building and phased deployment aligned with Vietnam Customs’ development strategy and practical needs.
Abolishing regulations on tax exemption for small-value imported goods must comply with international practices

Abolishing regulations on tax exemption for small-value imported goods must comply with international practices

VCN - The Ministry of Finance said that the abolition of regulations on tax exemption for imported goods valued at less than VND1 million must comply with international practices in the context of the growing trend of cross-border e-commerce activities.
Policy adaptation and acceleration of digital transformation in tax and customs management

Policy adaptation and acceleration of digital transformation in tax and customs management

VCN - In order to contribute to economic growth, tax, customs and logistics management policies need to ensure high adaptability, stability and predictability so that they require little amendment or supplementation.
Implement regulations on special preferential import tariffs under VIFTA

Implement regulations on special preferential import tariffs under VIFTA

VCN - The General Department of Vietnam Customs (GDVC) requests provincial and municipal customs departments to implement Vietnam's special preferential import tariffs under the Free Trade Agreement between the Government of the Socialist Republic of Vietnam and the Government of the State of Israel for the period 2024-2027 (referred to as the VIFTA) from October 15, 2024.
Perfecting tax policy for goods traded via e-commerce

Perfecting tax policy for goods traded via e-commerce

VCN - In order to ensure the goal of developing e-commerce activities without causing loss of state budget revenue, the Customs authority is actively coordinating with policy advisory units of the Ministry of Finance to research and review regulations on tax exemption for import and export goods transacted via e-commerce.
Are belongings of foreigners on business trip to Vietnam exempt from tax?

Are belongings of foreigners on business trip to Vietnam exempt from tax?

VCN - That is the question of Nhat Viet Relocation Company Limited, which has just been answered by the Customs Department and given specific instructions on providing a confirmation of residence of foreigners on business trip to Vietnam to follow tax exemption procedures for movable assets.
Amending regulations on enforcement measures in tax administration

Amending regulations on enforcement measures in tax administration

VCN - In draft of 1 law amending 7 laws in the financial sector, the Ministry of Finance proposed to amend the regulations on enforcement measures in tax administration in the Law on Tax Administration.
Read More

Your care

Latest Most read
Hanoi Customs resolves tax policy queries for enterprises

Hanoi Customs resolves tax policy queries for enterprises

Queries regarding customs consultation procedures and tax refunds due to price reduction clauses were addressed by the Hanoi Customs Department, providing clarity for businesses.
Regularly check tax obligations to avoid temporary exit suspension

Regularly check tax obligations to avoid temporary exit suspension

Tax Authority recommends that taxpayers regularly look up their tax obligations to have a plan to pay taxes on time, not letting the tax debt situation drag on and drag on.
Implementing the SAFE framework in Vietnam: Assessment through the lens of international standards

Implementing the SAFE framework in Vietnam: Assessment through the lens of international standards

The SAFE Framework plays a crucial role in encouraging countries to modernize, enhance security, and facilitate trade within global supply chain management and Authorized Economic Operator (AEO) programs
Proposing the Tax Authority be flexible in applying tax debt enforcement measures simultaneously

Proposing the Tax Authority be flexible in applying tax debt enforcement measures simultaneously

VCN - In the draft revised Law on Tax Administration, the Ministry of Finance proposed amending regulations on measures to enforce administrative decisions on tax administration to remove obstacles in policy mechanism and improve the effectiveness of tax
Many shortcomings in process and manual book on handling administrative violations

Many shortcomings in process and manual book on handling administrative violations

VCN - Legal policies on handling administrative violations have effectively supported the technical work of the Customs sector. However, some legal bases and regulations have been amended, replaced, and supplemented, which have limited the efficiency of h
Mobile Version