Circular 11/2015/tt-Nhnn: Guidance On Handling The Loan Debts Of Agricultural, Forestry And Industrial Companies At Credit Institutions When Making Arrangements, Renovation Under Decree No. 118/2014/nd-Cp On December 17 In 2 ...

Original Language Title: Thông tư 11/2015/TT-NHNN: Hướng dẫn xử lý các khoản nợ vay của công ty nông, lâm nghiệp tại tổ chức tín dụng khi thực hiện sắp xếp, đổi mới theo Nghị định số 118/2014/NĐ-CP ngày 17 tháng 12 năm 2...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
THE STATE BANK OF VIETNAM
Number: 11 /2015/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 20, 2015

IT ' S SMART

The guide handles the loans of agricultural companies, forestry at the credit organization when making arrangements, the company said.

Change. N Number one. 118 /2014/ND-CP December 17, 2014 of - Yes. brew

________________________________

Vietnam State Bank Law Base June 16, 2010;

The Law Base of the Credit Organization on June 16, 2010;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 of the Adjustment Regulation, mandate, authority, and organizational structure of the State Bank of Vietnam;

Base of Protocol 118 /2014/ND-CP December 17, 2014 of the Journal of Arrangements, Innovation and Development, which enhemits the operational efficiency of the agricultural, forestry company;

On the recommendation of the Chief Credit:

The Governor of the State Bank of Vietnam issued a guide to the management of agricultural, forestry firms at the credit organization when making arrangements, innovated by Protocol No. 1. 118 /2014/ND-CP December 17, 2014 of the Government.

What? 1. The tuning range and subject apply

1. The adjustment range:

This information guides the handling of the agricultural company ' s loans, forestry at the credit organization when implementing the arrangement, innovation in accordance with the Digital Protocol. 118 /2014/ND-CP December 17, 2014 of the Government on the Arrangement, Innovation and Development, enhactiving the operational efficiency of the agricultural, forestry company (later abbreviated as Protocol No. 1). 118 /2014/NĐ-CP).

2. Subject applies:

a) Limited liability companies a shallow, state forestry member holding 100% of the prescribed capital at clause 2 Article 1 Resolution No. 1. 118 /2014/NĐ-CP; Shallow, the State of the State Business holds 100% of the rules as stipulated at Clause 1 Article 26 of the number. 118 /2014/ND-CP (later abbreviated as agricultural, forestry company);

b) The credit organizations operate under the Law of Digital Credit organizations. 47 /2010/QH12 June 17, 2010;

c) The organizations, households, individuals are involved in the handling of the loan debt of the agricultural, forestry company.

What? 2. Explain the word

In this Information, the words below are understood as follows:

1. "The time of conversion" is the time of accounting, the most recent ending financial report since the date of the scheme, in exchange for agricultural companies, and forestry are approved by the authority.

2. "The arrangement scheme, innovation farm company, forestry" is the proposed scheme, innovation of agricultural companies, forestry in forms: continuing to maintain, consolidate, develop in the form of State that holds 100% of the charter capital, transformed into the holding company, moving forward. The company became a two-member limited liability company, dissolving the shallow, forestry company, and transformed into the hedge-defence management of the established public career unit.

3. "Debt Loan" includes all of the old loan loans that arise from a loan of loans, discounts, financial leasing, factoring, bank bail and other credit-level jobs as of the time of the agricultural company, forestry making arrangements, trade and business. According to the Arrangement Scheme, in exchange for agricultural companies, forestry is granted the authority to approve.

4. "Clause of the loan debt" includes: restructuring the debt, exemption, loss of interest, the priority of the previous debt collection, repayment of the following interest, the sale of debt, the transfer of debt, the transfer of debt to capital, shares, and other measures prescribed at this Information and regulations. Other laws are relevant.

What? 3. Debt Processing Principles

1. The debt that organizes the credit organization of the farm company, forestry must be preserved in the process of arranging, innovation by regulation at the Digital Protocol 118 /2014/NĐ-CP.

2. Before implementing the arrangement, innovation under the Arrangement Scheme, which innovated the agricultural company, forestry-granted approved authority, agricultural company, forestry must mobilize legal sources to pay the loans to the credit organization or the deal. It's a deal with a credit card for a loan deal.

3. The timing of the loan of the loan is the time of conversion or another time after the period of transition under the agreement between the credit organization and the farm company, forestry.

4. The credit organization performs a loan handling of the loan debt to the agricultural company, forestry by regulation, and other relevant law regulations.

What? 4. Opposition, confirm the loan debt

After the farm company, forestry has the decision of the competent agency on the implementation of the arrangement, innovation by regulation at the Digital Protocol. 118 /2014/ND-CP, The credit organization and the shallow, forestry company must perform immediately, confirming the loan of the loan should be handled, the secured property of the loan debt on the basis of a credit contract, records of property assurance assets, debt certificates, and other documents available. All right.

What? 5. Deal with loan debt

1. For the forestry company that is continued to maintain, consolidate, develop and restructure under Article 4, paragraph 1, paragraph 2 Article 8 digital decree 118 /2014/ND-CP:

a) On the basis of the planning scheme, innovation farm company, forestry is approved by the authority, the farm company, forestry actively building a viable loan-payment option to recommend a review of the credit organization, decide to restructure the payment deadline, as long as possible. reduce the interest or prioritiate the original debt, collect the following interest.

b) The non-agreement case is justified by the statutory debt treatment at the point of a 1 Article, the credit organization imples the measures to process the loan in accordance with the provisions of the existing law.

2. For the agricultural company, forestry transformed into a holding company, LLC to two or more members, the management of the jungle in accordance with Article 5, Article 6, paragraph 3 Article 8, Article 9, Article 10 of the number 118 /2014/ND-CP:

a) Before making the transition under the Arrangement Scheme, the agricultural company, the forestry company was approved by the authority, the agricultural company, the forestry company must pay full payment of loans to the credit organization or agreement with the credit organization. The method of transferring the loan from the farm company, forestry (party to debt transfer) to hedge forest management, the holding company, the two-member LLC became established from the arrangement, the agricultural, forestry company (party). It's a transfer to the debt. The loan transfer method must be established in writing, in which specific regulation of the time of transfer, the value of the transfer loan, the secured property, the rights and obligations of the parties after the loan is transferred.

b) Transfer of loan debt

(i) The transfer of the loan debt is expressed in writing on the basis of the following documents:

+ Legal records of the hedge forest management board, the holding company, the two-member limited liability company that has been transformed from the farm company, forestry including the text of the agency with the authority over the conversion of business ownership forms; Paper Paper. certification of business registration or business registration certification; the decision to appoint managers of management and other documents;

+ Credit Contract; The debt identification of the farm company, forestry at the credit organization;

+ The release of the passport, which confirms the loan debt;

+ Profile of the secured property of the loan debt;

+ Other documents are relevant.

(ii) The credit organization and the hedge forest management board, the holding company, LLC's two-member LLC (or credit contract appendix), the debt-payment of the loan is transferred. The loan deadline, the payment term, the loan rate, the loan guarantee mechanism, the payment method is made by the agreement between the credit organization and the hedge forest management, the holding company, the limited liability company the two members become appropriate. with the rule of law.

(iii) The review credit, which decides to restructure the payment deadline, waive, reduce the interest rate, prioritirate the original debt, repayment the following interest to the hedge forest management board, the holding company, the two-member LLC that goes up to its rules. the current law.

(iv) The Forest Forest Management Board, the holding company, LLC's two-member LLC is responsible for implementing obligations regarding the loan loan debt.

c) Transfer of loan to equity

The credit organization deals with the agricultural company, forestry to transfer debt into equity (for agricultural companies, forestry industries), which contribute (for agricultural companies, forestry conversion to a two-member LLC). The funding, purchase of the shares of the credit organization implemented by regulation in the Law of Credit organizations and regulations of the State Bank of Vietnam.

3. For shallow, forestry company dissolved under Article 7 and Article 11 Digital Protocol. 118 /2014/ND-CP:

a) Agricultural, forestry company must pay full payment of loans to the credit organization before the dissolution;

b) The case of a shallow, forestry company may not be able to pay off loan debts and no longer assets to handle, the credit organization reporting by text to the State Bank of Vietnam to the State Bank of Vietnam presided over, in coordination with the Ministry of Finance. The Prime Minister is considering the case.

4. The credit organization coordinated with the farm company, forestry to handle the loan debt by the sale of debt to organizations, individuals with the function to purchase debt under the current regulation.

What? 6. Handout the loan debt to the land case of shallow, forestry-based forestry management that property on land formed from a source of credit-holding credit.

In the case of a shallow company, the forestry table forestry is governed by regulation at Article 15 of the number of countries. 118 /2014/ND-CP which assets on the land formed from the source of the credit organization, the handling of the loan debt is done as follows:

1. The agricultural, forestry company and credit organization determine the value of the property formed from part or the entire loan of the credit organization (property formed from the borrower) at the time of the delivery to make the base determine the loan debt (root, interest) corresponding to the loan. the value of the property formed from the borrower was handed over. The determination of the value of the property formed from the borrower is made in accordance with the law of the current law.

2. The delivery of the assets formed from the loan capital and the loan must be established to be compiled with enough signatures of the parties: the agricultural, forestry company; organization, household, individual, and credit organization. The table boundary contents need to be clear about the type of property, the value of the assets formed from the loan, the corresponding loan (root, interest), the commitment, and the handling responsibility of the stakeholders. In terms of the value of the loan debt to the organization, the household, the smaller individual than the agricultural company's loan value, the forestry company, the farm company, the forestry company is obliged to continue payment of the spread to the credit organization.

3. Credit organizations and organizations, households, individuals who hand over the credit contract of the loan debt are handed over. The loan term, the payment term, the loan interest, the loan guarantee mechanism, the repayment method is made in accordance with the agreement between the parties in accordance with the existing law.

What? 7. Taxation and Risk Processing

1. The credit organization is considered, deciding the restructuring of the debt deadline and retention of the debt group as was classified before the restructuring of the debt-payment deadline for the loan debt that was born before the time the forestry company was arranged, innovated. According to the Digital Protocol 118 /2014/NĐ-CP.

2. The restructuring of the payment deadline and the retention of the debt group to the specified loan debt at paragraph 1 This is only done 1 (one) time and the restructuring of the restructuring is 02 (two) years from the date of the farm company, forestry is continued to maintain, strengthened, developed and restructured under Article 4, paragraph 1, paragraph 2 Article 8 The number of arithmetic 118 /2014/ND-CP or transformed into the hedge-forest management board, the holding company, the two-member LLC that came up under the decision of the competent organ.

3. The credit organization must regularly scrutinate, assess the ability to pay the debt of the farm company, forestry after the loan debt restructured the debt deadline and hold the debt group. The loan debt has been restructured the debt deadline and stays the default debt group at this Smart, but the agricultural company still does not pay the debt when it comes to a restructuring deadline, the credit organization does categorically and handle the loan debt. under the rule of law on the classification of property, the degree of quotation, the method of extraction of the risk reserve and the use of the backup to handle the risk in the operation of the credit organization.

4. In addition to the stipulation case at paragraph 1 Article, the taxing of debt, extracts the risk reserve and the use of the backup to handle risks to shallow, forestry company, hedge forest management, equity firm, two-member LLC. To be established from the arrangement, the agricultural company, the forestry company, implemented in accordance with the laws of the classification of property, the degree of quotation, the method of extracing the risk and the use of the project to handle the risks of the organization's activities. Credit.

What? 8. The responsibility of the agricultural, forestry and organization company, households, individuals who receive the transfer of loan debt

1. The agricultural, forestry company provides adequate, honest, and accountable to the law on the accuracy of the information, the document provided to the credit organization to implement the passport, validation, handling of the loans in the process of sorting, exchange, and exchange. new; the obligation to repay the debt to credit organizations.

2. The Forest Forest Management Board, the holding company, the limited liability company of two or more members, the household, the individual who receives the transfer of the loan, does the obligation to repay the debt to credit organizations.

What? 9. Credit organization

1. Check out the agricultural companies, forestry companies, forestry companies, and innovate to handle the loan debt regulations at this Smart and current regulations.

2. Watch, manage the lending of lending to the farm company, forestry before and after the arrangement, innovation.

3. Interaction, check out the list of farm companies, forestry properties, innovation under the Digital Protocol. 118 /2014/ND-CP to coordinate the default loan debt.

4. The slog term on the first 10 months of the quarter started in the fourth quarter of 2015, reported the State Bank of Vietnam (The Credit Union of Economics) results on the debt handling of the agricultural, forestry company according to the Appendix to this Smart Attachment.

What? 10. The responsibility of the units of the State Bank of Vietnam

1. The Business Credit:

a) The Chair, in collaboration with the Monetary Policy Bureau, the Inspector-General, oversees the bank in the planning of the Governor of the State Bank that handles the issues that arise during the implementation of this Information.

b) The combined sum, reported the Governor of the Bank of the State to result in debt handling of the agricultural, forestry company prescribed in this Information.

2. Monetary Policy:

Co-ordination with the Public Service of Economic Affairs and related units handles the problems that arise during this process.

3. Inspector of the Bank, monitoring the bank:

a) Practice of the inspector, which oversees the debt treatment of the credit organization to the agricultural company, forestry according to the provisions of this Information;

b) Coordinated with the Credit Cases of Economics and related units handling the problems that arise during the implementation of this Information.

4. State of the Provincial State Bank, the Central City of the Central to Watch and coordinate the handling of the issues that arise in the process of carrying out this Information.

What? 11. Terms of execution

1. This message has the enforcement effect since October 5, 2015 and replaces the Digital Information Digital. 02 /2005/TT-NHNN April 11, 2005 by the State Bank of Vietnam on the direction of the implementation of the delivery, the debt of the organization, the household, the individual who receives the property handed down by the funding of credit organizations in the process of arranging, innovation and development. Farmers, business schools.

2. For the loans of agricultural companies, forestry makes arrangements, innovate under the Digital Agenda. 118 /2014/ND-CP It ' s been held on a pre-date processing credit, and it ' s going into effect, and it ' s going to continue to do a signed agreement between the credit organization and the farm company, forestry. The amendment, the addition of the above agreements is made only if the content is amended, the addition is consistent with the regulation at this Smart.

3. Chief of Staff, Chief Credit Officer of the Economics and Head of Units of the State Bank of Vietnam; Director of the State Bank of the State Branch of the Provinces, City of Central City; Chairman of the Board of Directors, Chairman of the Board of Directors. And the Director General (director) of credit organizations, organizations, and individuals are responsible for this private practice.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress