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Circular 07/2015/tt-Nhnn: Regulation On Bank Guarantee

Original Language Title: Thông tư 07/2015/TT-NHNN: Quy định về bảo lãnh ngân hàng

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THE STATE BANK OF VIETNAM
Number: 07 /2015/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 25, 2015

IT ' S SMART

Regulation of bank bail

_____________

The National Civil Code base. 33 /2005/QH11 June 14, 2005;

Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

The Code of Credit: 47 /2010/QH12 June 16, 2010;

The foreign exchange commander. 28 /2005/PL-UBTVQH11 December 13, 2005;

The Ordinal Command. 06 /2013/UBTVQH13 March 18, 2013 of the Standing Committee of the National Assembly amended, adding some of the provisions of the foreign exchange ordinance;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

On the recommendation of the Chief Credit:

The Governor of the State Bank of Vietnam issued a regulatory advisory on the bank's bail.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides a business guarantee of the credit organization of the credit organization, the foreign bank branch of the customer.

What? 2. Subject applies

1. The credit organization includes: commercial banks, cooperative banks and financial firms (excluding specialized financial firms).

2. Foreign Banking Branch.

3. The organizations (including foreign credit organizations in the case of these organizations join the co-bail, bail on the opposition and confirm bail), the individual is involved in the bail case.

What? 3. Explain words

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

1. Bail out the bank. is a form of credit, whereby the bail party is committed to the recipient of the guarantee that it will take the financial obligation on behalf of the bail when the bail is not implemented, or the incomplete implementation of the obligation is committed to the recipient; The bail is on the bail and returns to the bail.

2. Bail out is a form of bank guarantee, whereby the bail party is committed to the bail party to take the financial obligation to the bail party in case the bail party must carry out the financial obligation instead of the client. On the side of the counter-bail; the bail is on the debt and reimbursable to the bail response.

3. Confirm bail is a form of bank guarantee, under which the confirmation of bail is committed to the recipient of the guarantee of the guarantee of the guarantee of the bail party's obligation to the recipient. The bail confirmation will take the financial obligation on behalf of the bail party if the bail party does not implement or perform incomplete; the bail party must receive the debt and refund the bail confirmation, while the bail is required to receive the debt and refund. Pay bail.

4. Bail. is a form of capital credit, whereby there are from 02 (two) credit organizations, foreign bank affiliates or credit organizations; or credit organizations, foreign bank branches, and foreign credit organizations.

5. Bail is a credit organization, the foreign bank branch that performs bail on bail. In the field of bail, the bail response and the confirmation of bail include the foreign credit organization.

6. Party secured is the organization (including the credit organization, foreign bank branch, foreign credit organization), the individual is conserved by the bail party, the party leader.

7. Bail out is the organization (including the credit organization, foreign bank branch, foreign credit organization), the individual has the right to the bail-in-bail, the confirmation of the warranty.

8. Counterparty to Opposition is a credit organization, a foreign bank branch, a foreign credit organization that performs a bail response to the bail.

9. Confirm bail is a credit organization, a foreign bank branch, a foreign credit organization that performs bail confirmation.

10. Client is the organization (including the credit organization, the foreign bank branch, the foreign credit organization), the following individual:

a) In the bank of the bank (except for the opposition guarantee, the bail confirmation), the client of the bail party is the bail party;

b) In the response guarantee, the client of the bail party is the bail party, the client of the party bail is the bail;

c) In the confirmation of the bail, the client of the bail party is the bail party, the client of the party confirming the bail is the bail.

11. Bail Level Agreement is the text of the agreement between the bail party or the party bail or the confirmation of the bail confirmation with the client and other stakeholders (if any) of the release of the bank bail, the response guarantee, the confirmation of the client.

12. Commit to bail is the text by the bail party or the opposition bail party or the confirmation of the bail confirmation in one of the following forms:

a) Secretary of State is the promised text of the bail party with the bail party to the bail party that will perform a financial obligation on behalf of the bail when the bail is not implemented or done not full of obligations committed to the bail party.

The case of the bail-on, confirmation of bail, the bail letter includes both the pledge text of the bail party to the bail party, on the confirmation of bail on bail;

b) Bail contract is the text of the agreement between the bail party with the recipient of the bail and the relevant parties (if any) of the bail party will perform the financial obligation on behalf of the secured party when the bail is not implemented or done not full of obligations. Commitment to the receiving party.

In the case of the opposition bail, the guarantee that the bail contract includes the text of the agreement between the bail party and the other stakeholders (if any), between confirming bail with bail and other stakeholders. (if any).

What? 4. Regulation of foreign exchange management in bail

1. The release of the foreign currency guarantee, the foreign bank branch must be consistent with the scope of foreign exchange activity on the domestic market and the international market of each type of credit organization, the banking branch of the country. Out.

2. The credit organization, the foreign bank branch that only performs foreign currency bail for the organization, personally for the legal financial obligation by foreign currency pursuits to the rule of law.

What? 5. The cases are not covered, restricted bail and implementation of the credit level limit.

When carrying out the bail, the credit organization, the foreign bank branch must comply with the regulations at the Law of Credit Organizations and the guidelines of the State Bank on the unlicensed case, limit the credit level, the credit limit.

What? 6. Identilocate the bail balance for customers

The bail balance for a customer, a customer and the relevant person including the balance of bail pledged bail, the balance issued to bail on the response, the balance of undertaking pledged to confirm bail for that customer, that customer and the person with the link to the customer. Yeah.

What? 7. Use language

The text used in the bail transaction includes a bail agreement agreement, which is committed to bail must be established in Vietnamese. The case of bail has a foreign element, the parties involved are agreed to use foreign language. In the use of foreign language, the text must be translated into Vietnamese (the validation of the legal representative of the credit organization, foreign bank branch) attached to the foreign language when required by the authority of the authority.

What? 8. Apply the practice and choose the dispute resolution

1. Parties to the bank, bail on the bank, confirm bail, co-guarantee the agreement to apply the trade volume by regulation at paragraph 4 Article 3 Code of credit organizations.

2. The handling of the dispute arise in the bail case execution under the agreement of the parties in accordance with the rule of law. The case of bail has a foreign element, the parties may compromise the applicable law, the dispute settlement agency (including the court or foreign trade arbitration) to resolve disputes over the provisions of the Vietnamese law.

Chapter II

SPECIFIC REGULATION

What? 9. Insurance coverage

Bail may be committed to the partial bail or all of the financial obligations under which the bail is obliged to perform with the bail party.

What? 10. Conditions for customers

Credit organization, foreign bank branch review, decides to grant bail, bail on the subject, confirm bail for the customer when the customer has enough of the following conditions:

1. There is full of civil law, civil conduct under the rule of law.

2. The obligation to be conserved is a legitimate financial obligation.

3. Be held in credit, the foreign bank branch of the foreign bank granted the ability to reimbursate the amount that the credit organization, the foreign bank branch must pay instead of carrying out a bail obligation.

What? 11. The bail on the customer is non-resident

1. The credit organization, the foreign bank branch that is only conserved to the organization that organizes the organization is non-resident. The bail of the organization customer is that the non-resident must meet one of the conditions below:

a) The customer is an established and operating overseas business that has a contribution of Vietnam's business in the form of a regulatory investment at a point a, c a 1 Article 52 2014 Investment Law or in the form of other direct investment abroad under the law. of the country to receive investment;

b) Client signed up to 100% of the value of bail;

c) The recipient of the bail is the resident.

2. The customer case is a domestic credit organization that does not have to implement the regulation at 1 Article.

3. The credit organization, the branch of the foreign bank when carrying out bail for the organization customer is the non-resident who must comply with the following regulations:

a) Is permitted by the State Bank to operate basic foreign exchange activities on the domestic market (for the case of bail for non-resident in Vietnam) and basic foreign exchange activity on the international market (for the case of bail for the non-resident). Residing abroad);

b) Compliance regulation at Articles 126, Article 127, Article 128 and Article 130 Laws of credit organizations and guidelines carry out these regulations of the State Bank at the time of the implementation of the warranty for the customer;

c) There is a process of evaluation, credit risk management, which has a risk in bail on non-resident persons;

d) For the foreign bank branch must comply with the provisions at paragraph 4.

4. The foreign bank branch is not secured by foreign currency on the organization that the organization is not residing abroad, except for the following cases:

a) The bail for the party is secured in Vietnam on the basis of the protection of the domestic credit organization;

b) The guarantee of the bail obligation of the foreign credit organization to the party is secured in Vietnam.

5. In addition to the regulations at this, other content on the bail of the non-resident must follow the regulation at this level.

What? 12. Asking in the sale, rental rental housing in the future

1. When making a guarantee for the owner of the real estate project to sell, lease the housing in the future by regulation at Article 56 of the real estate business, the commercial bank must comply with the following regulations:

a) Housing in the future has sufficient conditions to be sold, leased by regulation at Article 55 of the real estate business;

b) In the purchase contract, the lease of the housing buyer between the investment holder and the buyer, the buyer's party stipulated that the owner's obligations to refund the money to the buyer, the buyer purchased when the owner of the investment breach of the housing table, according to the progress made with the buyer, It's the buyer's

c) A commercial bank assessing the investment holder has the ability to perform the right progress and use the previous amount, the other funds of the buyer, the buyer paid to the owner of the right purpose;

d) The Commercial Bank was authorized by the State Bank to perform bank bail activities at the Establishment Permit and Operations or at the revised text, the addition of the established and operational License;

) The bail agreement with the investment holder, the guarantee of bail must be consistent with the regulation at paragraph 2, 3 Article 56 2014 real estate business law;

e) Commending bail in the sale, lease-to-home purchase in the future must be valid until at least 30 days from the date of the purchase of the house to the buyer, the tenant buying the house at the end of the owner's agreement with the buyer's buyer, the buyer's lease.

2. The contract for bail by regulation at Article 56 of the estate business law is set up under one of the regulatory commitment forms stipulated at paragraph 12 Article 3 and Article 15 of this.

3. In addition to the provisions at paragraph 1, 2 This, other content on the bail of the sale, lease home purchases in the future that must be made by regulation at this Smart.

What? 13. Profile of bail.

1. The bail offer profile includes the following primary types of documents:

a) The text of the bail proposal;

b) Account of the customer;

c) The documentation of the obligation to be preserved;

d) Documents on the guarantee (if any);

b) The document on the other stakeholders (if any).

2. The actual business-based situation base of the credit organization, foreign bank branch and specific characteristics of each customer group, credit organization, foreign bank branch off the specific guide, public publication of the request for records to be sent to the public. To the credit organization, the foreign bank branch of the foreign bank review.

What? 14. Senior Level Agreement

1. To make bail, the credit organization, the foreign bank branch and the customer sign the bail-level agreement. The case of a bail release on the basis of a partner bail is not required to sign a bail agreement with the party bail.

2. The bail-level agreement must have the following content:

a) The laws of law apply;

b) Information on the parties in the bail relationship;

c) The obligation to be preserved;

d) The amount of bail, the bail coin;

The form of commitment to bail;

e) The conditions of preserving the bail obligation;

g) the rights and obligations of the parties;

) bail charges;

i) The agreement on the obligation to receive a return debt, the interest applies to the amount of return and obligations, the return deadline of debt when the obligation to bail;

n) the number of signs, the signs, the validity of the agreement;

l) Resolve disputes.

3. In addition to the specified content at paragraph 2 This, the parties may deal with other content in the non-contrary bail agreement with the regulation at this Smart and the provisions of the law.

4. The amendment, addition or cancellation of the granting of the granting of the bail agreement by the parties concerned, decided on the basis of ensuring compliance with the rule of law.

What? 15. Commitment to bail

1. The bail commitment must have the following content:

a) The laws of law apply;

b) The number, the form of the warranty pledge;

c) Information on the parties in the bail relationship;

d) The bail release date, the start date with the validity of bail and/or the case begins to have the effect of bail;

The date of effect and/or the case of the expiration of the bail;

e) The amount of bail, the bail coin;

g) bail obligations;

h) the conditions of preserving the bail obligation;

i) A request for the request to perform a bail obligation;

l) The way to test the authenticity of the bail commitment.

2. In addition to the specified content at this 1 Article, the bail pledge may have other content that is consistent with the grant-level agreement, in accordance with the regulation, at this Information and the provisions of the law.

3. The amendment, addition or cancellation of the bail pledge content provided by the parties involved in accordance with the grant-level agreement and compliance with the rule of law.

4. The credit organization, the foreign bank branch, based on the contents of the bail-level agreement, pledged bail at this Smart to design, print and enact a guarantee of preserving compliance with each form of bail, the type of guarantee applicable. United in the entire system of the credit organization, the foreign bank branch. The credit organization, the foreign bank branch, must issue an internal regulation of the process, the responsibility to carry out the design, print, release, and use of the proposed guarantee of safe guarantee, compliance with the rule of law.

5. For the bail commitments issued through the international communications network between banks, credit organizations, foreign bank branches implemented in accordance with the form and process of releasing the bail commitment of the international communications network, the company said in a statement. Between banks. The credit organization, the foreign bank branch must have a monitoring process, managing the warranty operation for these cases to ensure safety, efficiency.

What? 16. Authority to sign a bail agreement, pledge to bail

1. The bail-level agreement, the guarantee that the bail must be signed by the representative under the law or delegate by the authorship of the credit organization, the foreign bank branch.

2. The authorization of the granting of the bail agreement, the pledge to bail must be made in writing and in accordance with the rule of law.

What? 17. Make sure the customer service is done

1. The credit organization, the foreign bank branch of the foreign bank agreement with the parties concerned about the application of the guarantee or does not apply a guarantee to the obligation to reimbursate the amount paid instead of a bail obligation.

2. The credit organization, the foreign bank branch that regulates the principle and specific conditions of applying each guarantee or does not apply the guarantee appropriate to the regulation of the bail law, the guarantee transaction, and according to the law. the internal regulation of the credit organization, the foreign bank branch.

What? 18. bail fee

1. The credit organization, the foreign bank branch, deals with the level of bail on the customer. In the case of the bail or confirmation of the bail, the bail fee provided by the parties on the basis of the bail fee is approved by the bail.

2. The case of a co-bail implementation, on the basis of agreement on the bail participation rate and the level of the income of the party secured, the parties to the council agreed to deal the bail fee for each of the bail parties.

3. The case of a credit organization, the foreign bank branch bail for a union obligation, the credit organization, the foreign bank branch agreement with each customer on the fee must be paid on the basis of each customer ' s respective union obligations. Unless the parties have another agreement.

4. The case of a bail on bail is foreign currency, the parties deal to collect foreign currency bail or the regulation of the Vietnamese dollar according to the bail rate of the bail party at the time of the toll or at the time of the toll announcement.

5. The parties may make an agreement to adjust the bail fee.

What? 19. The validity period of the bail commitment, the bail-level agreement

1. The validity period of the bail commitment is determined from the date of the release of the bail pledge or after the release date of the pledge to bail under the agreement of the parties concerned until the expiration of the validity of the bail obligation stipulated at Article 23 of the Information. Come on.

2. The validity deadline of the bail-level agreement due to the parties of the agreement but the minimum must be by the effective deadline of the bail pledge.

3. The effective date of the effect of the bail commitment, the territorial guarantee agreement on the day of the holiday, the holidays, the New Year ' s Day expires on the next day of work.

4. The extension of the validity of the bail pledge due to the parties of the agreement is consistent with the bail-level agreement.

What? 20. As long as the bail obligation

1. In the case of the recipient of the guarantee that the obligation to the bail party/the confirmation of the bail confirmation is the bail and/or the relevant party still must carry out the obligation committed to the bail party, unless the parties have a deal. other or exercise a union obligations under the rule of law.

2. In case one or some of the co-bail members are exempt from carrying out their bail obligations, other members still have to implement their bail obligations under a bail pledge, unless the parties have a deal to do so. Different.

What? 21. Do the bail obligation

1. To request a bail obligation, the recipient of the bail must submit a required text that imples the obligation to submit a filing obligation under the agreement at the guarantee of bail to the bail party. The requirement to perform a bail obligation is considered valid when the bail party is received during the employment period of the bail party and in the statute of limitations of the bail commitment. The request for a request to perform a bail obligation in the form of a mail guarantee through a public postal network, the date of the recipient bail is required to be the date of a letter of guarantee.

2. Make a bail obligation:

a) The case of the bank bail (except for the case of the bail guarantee, the bail confirmation):

The slog after five days of work since the date of the recipient of the recipient's request to perform a valid bail obligation in accordance with this one Article, the bail party is responsible for the right, full of obligation bail committed to the recipient. In the same, the accounting of the loan into the loan account required the amount of money paid in place of the bail and the informed party informed. The bail is obliged to complete the full amount of bail paid for and the amount of interest specified at the 3 Article.

b)

The slog after five days of work since the date of the receiving bail is required to perform a valid bail obligation by the stipulation at paragraph 1 This is the right, full of the bail obligations committed to bail.

After performing a bail obligation, the bail-sent bail party requires a bail obligation to take a pledge with the agreement at the agreement to bail out the deal. The requirement to perform a response obligation obligation is considered valid when the opposition bail is received during the employment period of the security party and in the statute of limitations of the commitment to the partner guarantee. A request for a request to perform a guarantee obligation in the form of a security message through a public postal network, the date of the recipient of the recipient's request is required as a date of the guarantee of a secure letter.

The slog after five days of work since the date of the opposition bail request is required to perform a bail obligation, the right to the right of the right, full of the obligation of bail committed to the bail, and simultaneously the accounting of the loan into the loan account. forcing the amount of money paid in place of the bail and informed party informed. The bail is responsible for the full refund of the paid bail and the amount of interest specified at the 3 Article.

Whether the opposition bail party does not perform or perform incomplete obligations committed to the bail party, the accounting chief of the accounting debit into the loan account required the amount of money paid and informed of the response bail. The counter-government has the responsibility to complete the full amount of bail paid off and the amount of interest stipulated at this 3 Article.

c) Case validation validation:

The slog after five days of work since the date of bail received the required text to perform a valid bail obligation by the stipulation at this one Article, the warranty of the right, the full obligation of bail is committed to the receiving party, the same plague. The debit on the loan account required the amount paid in place of the bail and informed the bail-informed party. The bail is obliged to complete the full amount of bail paid for and the amount of interest specified at the 3 Article.

Whether the bail party does not perform or perform not full of bail obligations committed to the bail recipient, the recipient of the request to send a request to perform a request for the obligation of bail under the agreement at the guarantee of bail to the confirmation party. bail. The requirement to perform a bail obligation is considered valid when the party validation is received during the employment period of the party confirming the bail and during the validity of the bail commitment. A request for a request to perform a bail obligation in the form of a mail guarantee through a public postal network, the date of the confirmation of the recipient's claim is required as a date of the guarantee of a secure letter.

The slog after five days of work since the date of the confirmation guarantee is required to perform a bail obligation, the confirmation of the right guarantee, the full obligation is committed to the bail party, and the accounting of the loan into the loan account. The amount of money paid for the bail and informed the bail. The bail party is liable to complete the full amount of bail confirmed bail and the amount of interest stipulated in paragraph 3 This, and requires the bail to receive the debt and refund the bail.

3. The paid side changes the mandatory loan deadline, the payment term, the applicable interest to the amount paid in accordance with the bail-level agreement. The rate of interest applies to the amount paid on behalf of the agreed parties in the bail-level agreement but does not exceed 150% of the usual loan interest rate imposed on the corresponding dead-term loan at the credit organization itself, the bank branch. It's foreign.

4. The case refused to carry out the bail obligation, the slog after five days of work since receiving a request for a bail obligation, the party refused to respond in written statement stating the reason to deny it.

5. The case of return on foreign currency, credit organization, branch of the foreign bank in addition to the mandatory lending of foreign currency.

What? 22. Relations between the bail commitment and the contract are obligated bail.

1. The contract is that the obligation to be protected is disabled that the parties have not executed that contract, which is committed to the bail pledge; if done in part or the entire contract is obligated to bail, the bail pledge is not terminated, unless the case is compromised. It's different

2. The contract with the obligation to be protected is terminated or unilever termination of the implementation that the parties have not executed, the bail pledge is terminated; if it has taken part or the entire contract has the obligation to be secured, the guarantee is not. It's over, unless there's another deal.

3. In the case of a guarantee of bail not terminated by regulation at paragraph 1 and paragraph 2 This is the recipient of the bail required by the bail obligation to perform the financial obligation to pay the bail obligation of the bail obligation.

What? 23. End of bail obligation

The bail obligation is terminated in the following cases:

1. The obligation of the bail is terminated.

2. The bail obligation has been made in accordance with the guarantee of bail.

3. The bail is rescinated or replaced with another guarantee.

4. The bail is out of force.

5. The recipient of the bail waive the bail obligation for the bail party.

6. Follow the agreement of the parties.

7. By statute 1 and 2 Articles 22.

8. The bail obligation is terminated in other cases by the rule of law.

What? 24.

1. Principles, conditions, the process of organizational implementation of the guarantee made by regulation at this Smart, the regulation of the State Bank for the credit-financing of the credit organization, the foreign bank branch to the customer, and the regulation. The law is relevant.

2. The parties to the board are responsible for the union in the implementation of the bail obligation, if there is no other agreement. In the event of a credit organization, the foreign bank branch of the lead must fulfill the obligation of bail, the participants are responsible for reimbursable credit for the credit organization, the foreign bank branch in the head of the corresponding amount according to the concurrency. You know, the parties agreed.

What? 25. bail for a federal obligation

Credit organization, foreign bank branch bail for a union obligation must perform on the basis of a federated contract and obligations between the parties.

What? 26. The internal regulation of the credit organization, the foreign bank branch on bail.

1. The regulatory base at this Smart and relevant law regulations, credit organization, foreign bank branch must issue an internal regulation of the bail case against the organization, the individual being the resident and the organization is the person who does not reside. It ' s about the regulation of the credit level, which has to be distributed between the appraisal and the bail-out review.

2. Credits, the foreign bank branch sent 1 (one) the government's internal regulation of the State Bank (Credit: The Business of Economic Affairs) of five days of employment since the issue or modification, complements.

What? 27.

1. Accept or reject the offer of bail.

2. Proposal to the confirmation of the bail confirmation of the bail confirmation on its bail for the bail party.

3. Requied either the bail or the party bail and the stakeholders provide the documents, the information that is relevant to the appraisal of the secured property (if any).

4. Requied the bail or the bail party has the assurance measures for the obligation to be secured (if necessary).

5. execute the inspection, monitor the customer ' s financial situation during the validity of the bail.

6. Cost of bail, adjust bail charges; apply, adjust interest rates, interest rates.

7. The refusal to perform a bail obligation when a commitment to bail out of force or filing requires that the bail obligation does not meet sufficient regulatory conditions in the guarantee of bail, or there is evidence evidence from the appearance as forgery.

8. The request for the bail party to perform the obligation committed.

9. The debit on the bail of the bail (in the case of the bank bail) or the counter-bail (in the case of bail on the basis of the response) as soon as the obligation to bail, the bail requirement is bail or the bail party. It pays the amount of money that the bail has paid for.

10. Ask the other board member to reimbursate the amount paid on behalf of the bail party in the case of a member who makes the lead to the bail obligation in the bail obligation.

11. Procsuring property guarantees under the agreement and regulations of the law.

12. Transfer of the franchise, its obligations to the credit organization, other foreign bank branches under the agreements of the stakeholders in accordance with the rule of law.

13. Initiate under the rule of law when the party is on bail, the bail response breach of the obligation is committed.

14. Other rights under the agreement of the parties in accordance with the rule of law.

What? 28.

1. Accept or reject the offer to issue a response bail.

2. Proposal to bail out bail for your client ' s obligations to the recipient of the bail party.

3. Customer requirements provide the documents, information that is relevant to the appraisal of the opposition and the guaranteed assets (if any).

4. Requied the customer with guarantees for the obligation to bail (if necessary).

5. execute the inspection, monitor the customer ' s financial situation during the validity of the bail.

6. Cost of bail, adjust bail charges; apply, adjust interest rates.

7. The refusal to carry out the obligation to guarantee the reciprocal obligation when the commitment to bail expires or the filing requires payment not to meet the specified conditions in the bail commitment or have proof of evidence from the appearance as forgery.

8. The debit of the debt to the party is secured as soon as the obligation to bail out the bail party, requiring the party to be reimbursable of the amount of money that the defaultate of the opposition has made to bail out the bail under the pledge.

9. Processing of the secured property of the party is secured under the agreement and regulations of the law.

10. Initiate under the rule of law when the party is on bail, the bail violation is committed.

11. Transfer of the franchise, its obligations to the credit organization, the other foreign bank branch under the agreement of the stakeholders in accordance with the rule of law.

12. Other rights under the agreement of the parties in accordance with the rule of law.

What? 29. The right of the side to confirm the bail.

1. Accept or reject the offer to confirm bail.

2. The customer request provides the information documents that are relevant to the appraisal of the guarantee and the secured property (if any).

3. Requied the customer with guarantees for the obligation to bail (if necessary).

4. Agreement with the bail and/or client on the obligation to confirm bail, sequence, reimbursable procedure for the obligation to confirm the bail confirmation by the confirmation of the bail confirmation on the receiving party.

5. Cost of bail, adjust bail charges; apply, adjust interest rates.

6. execute the inspection, monitor the financial situation of the customer during the validity of the bail.

7. Pay the debit to the bail party as soon as the obligation to confirm the bail, ask the bail to refund the amount of money that the bail confirmation has paid in accordance with the commitment.

8. Procsuring the secured property of the bail party or the bail party under the agreement and the regulation of the law.

9. Initiate under the rule of law when the bail breach is committed.

10. Transfer of the franchise, its obligations to the credit organization, other foreign bank branches under the agreement of the stakeholders in accordance with the rule of law,

11. The refusal to perform a bail obligation when a commitment to bail out of force or filing requires payment not to meet the specified conditions in the bail commitment or evidence of evidence from the appearance as forgery.

12. Other rights under the agreement of the parties in accordance with the rule of law.

What? 30. The obligation of the bail party, the party bail and the confirmation of bail

1. There is a responsibility to provide the information, documentation associated with the authority to issue a bail commitment to the relevant parties; perform the bail obligation upon receiving the request in accordance with the regulation at the guarantee of bail.

2. Full execution, the right obligation to guarantee the regulation at Article 21 of this.

3. Complete full assurance assets (if available) and relevant papers for the side of the guarantee when the liquyer agreement is granted, if there is no other agreement.

4. Slowly after 10 (ten) days of work since the date of receiving a statement of the recipient ' s complaint on the grounds of the refusal to perform a bail obligation, there must be a written response to the complaint.

5. Do the retention of the bail file under the rule of law.

6. Guide to the recipient of the examination of the examination and confirm the authenticity of the bail commitment issued.

7. Other obligations under the agreement of the parties in accordance with the rule of law.

What? 31. Rights and obligations of the party bail

1. The bail is given the following rights:

a) rejecting the requirements of the bail party, the party bail party, on the confirmation of the guarantee not true to the agreements in the bail-level agreement or the guarantee of bail;

b) Offer bail, bail on the right to perform the right obligation, commitment to pledge;

c) Initiated by the rule of law when the party is on bail, the bail response breach of the obligation is committed;

d) exercise its right and obligations under the rule of law when the parties involved perform the transfer of the rights and obligations of the parties to the bail;

p) Check out the authentication of the bail commitment;

e) Other rights under the agreements of the parties in accordance with the rule of law.

2. The bail party has the following obligations:

a) To provide full, accurate and honest information, documents related to the bail and responsibility of the law on the accuracy, honesty, completes of the information, documents provided;

b) The full implementation and the correct obligations, the responsibility has committed and the regulatory agreements at the bail agreement agreement;

c) reimbursable by the bail party, the bail on the bail of the bail party, the counter-government has taken the obligation under the granting of the grant or commitment between the parties and the expenses that arise from the implementation of the bail obligation;

d) subject to the examination, the supervisor of the bail party, the leader of the opposition to the process of carrying out the obligation to bail. There is an obligation to report the active situation involved in the bail transaction for the bail party, the party bail;

p) Coordinated with the bail party, the party bail and the relevant parties during the processing of the secured property (if any);

e) Other obligations under the agreement of the parties in accordance with the provisions of the law.

What? 32. Rights and obligations of the recipient bail

1. The right of the receiving party:

a) Request for bail, on the confirmation that the bail is on the bail obligation;

b) The bail request, the confirmation of the guarantee of the right obligation, is responsible for the guarantee of bail;

c) Initiated by the rule of law when the bail party, the party confirming that the obligation breach is committed;

d) Check the authentication of the bail commitment;

Transfer of the rights, his obligations to the organization, the other individual under the agreement of the stakeholders in accordance with the rule of law;

e) As long as the bail obligation for the bail party, the confirmation of bail;

g) Other rights under the agreement of the parties in accordance with the provisions of the law.

2. The obligation of the bail recipient

a) The right implementation, full of obligations in the contracts associated with the obligation of bail, ensure consistent with the guarantee of bail;

b) timely notice to the bail side, on the confirmation of the bail and the stakeholders of the breach, the breach of the party's violation;

c) Other obligations under the agreement of the parties in accordance with the regulation of the law.

Chapter III

REPORT, EXECUTE.

What? 33. Accounting booklet, report information

1. The credit organization, the foreign bank branch must carry out the accounting accounting, which monitors all the regulatory subtitle bail.

2. The credit organization, the foreign bank branch of the foreign bank, performs a regulatory implementation of the guarantee by the State Bank's statistical reporting regime.

What? 34. The responsibility of the units of the State Bank

1. The responsibility of the Credit Service of the Economy:

a) The clue to the internal regulation of the internal regulation of the credit organization of the credit organization, the foreign bank branch stipulated at Article 26 of this article; tracking, aggregation of the conservation of the bail of the credit organizations, the bank branch. the foreign goods;

b) The aggregate investment, the publication of the list of commercial banks by regulation at Clause 1 Article 56 2014 real estate business law is that the bank is eligible for regulation at the point of 1 Article 12 This information on the electronic portal of the State Bank. the water;

c) The end of the processing of the students involved in the bail case.

2. The responsibility of the Inspector Agency, the bank oversight:

a) presided over, in coordination with the relevant units that carry out inspection, inspection, monitoring of the bail of the credit organizations, the foreign bank branch and the handling of the violations that arise under the jurisdiction;

b) Coordinated with the Public Service Credit: Business-listed business banking lists at the point b 1 This Article.

3. Financial case-accounting is responsible for the guidance of credit organizations, the foreign bank branch that imples accounting accounting for transactions related to the prescribed bail-in-law.

4. The foreign exchange management is responsible for guidance on foreign exchange management for the implementation of the bail obligation and the return of bail debt to the non-resident of the credit organization, the foreign bank branch.

5. The provincial bank of the provincial branch, the Central City of the Central Committee where there is no Bureau of Inspects, oversees the bank responsible for carrying out oversight, inspection, inspection of credit organizations, foreign bank branches in the approval of the Information Hey, by the authority.

Chapter IV

EXECUTION CLAUSE

What? 35. The transition clause

The bail-level agreements, which are committed to the signing of the signed and effective prior to this date, are valid for the implementation of the agreements, which are signed until the obligation of the bail is terminated. The amendment, the addition of the bail-level agreements, is committed to the above stated only if the content is amended, the addition is consistent with the regulation at this Smart.

What? 36.

1. This message has the enforcement effect since 09/08/2015

2. This information replaces the Digital 28 /2012/TT-NHNN October 3, 2012 of the State Bank regulations on bank bail.

What? 37. Organization to execute

Chief of the Office, the Chief Credit Officer of the Economy, The Head of relevant units of the State Bank, Director of the Bank of the State Branch of the Province, the Central City, Chairman of the Board, Chairman of the Board of Directors. and the Director General (Director) of credit organizations, the foreign bank branch responsible for organizing this private practice.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress