Number: 34 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, March 31, 2015
Modify, add some of the provisions of the Digital Protocol 53 /2013/ND-CP May 18, 2013
of the Government on the establishment, organization and operation of the asset management company
of Vietnamese credit organizations
Government Law Base December 25, 2001;
Vietnam State Bank Law Base June 16, 2010;
The Law School of Credit: June 16, 2010;
Corporate Law Base November 29, 2005;
At the suggestion of Governor of the State Bank of Vietnam;
The government issued the revised decree, adding some of the provisions of the Protocol. 53 /2013/ND-CP May 18, 2013 by the Government on the establishment, organization and operation of the Property Management Company of Vietnamese credit organizations.
What? 1. Modified, add some of the provisions of the Digital Protocol 53 /2013/ND-CP May 18, 2013 by the Government on the establishment, organization and operation of the Property Management Company of Vietnam Credit organizations as follows:
1. Clause 3 Article 7 is modified, added as follows:
" 3. The financial capacity base of the Asset Management Company, economic efficiency and market conditions, the Asset Management Company is bought by the credit organization's bad debt in accordance with the regulatory method at paragraph 2 This is for bad debts that meet the conditions. After:
a) to meet the conditions specified in this Article 8;
b) Is judged to be able to fully recover the amount of bad debt;
c) The guarantee assets of the bad debt are likely to be commercially viable or borrowers have the prospect of recovering the ability to repay the debt. "
2. Article 9 is modified, adding as follows:
" Article 9. Rules
1. The charter capital of the Asset Management Company is 2,000 billion Vietnam.
2. The regulatory capital adjustment of the Company 's regulatory assets stipulated at Article 1 This is decided by the Prime Minister on the basis of the State Bank' s proposed basis after the agreement with the Ministry of Finance. "
3. Point 1 Article 1 Article 13 is modified, added as follows:
" i) Is entitled to a number of money under a rate specified by the State Bank after the unification with the Finance Ministry on the amount of income of the bad debt purchased by the Asset Management Company by special bond minus the corresponding amount of the Company Asset Management Company. obtained the specified set at this L Point. "
4. Add to l, m, n enter paragraph 1 Article 13 as follows:
" l) Is collected by a proportion of the state by the State Bank after unification with the Ministry of Finance on the remainder of the debt that the Asset Management Company has purchased by special bonds.
The amount of credit organization paid to the Asset Management Company under this regulation is calculated at the cost of the credit organization.
m) inherited the rights and obligations of the debt credit organization, including the rights and obligations of litigation in the prosecution of the borrower, the obligation to repay the debt, the guarantee at the Court; the inheritance and the debt obligations of the debt-selling credit organization. in the course of execution.
n) The Asset Management Company does not have to register for changes to the guarantee in the registered guarantee contract when the acquisition of bad debt from the debt-selling credit organization and the debt-selling credit organization is not registered changes to the guarantee when acquisition or receiving. the bad debt from the Asset Management Company. "
5. Additional Article 14a after Article 14 as follows:
" 14a. Issue bonds to buy debt according to market value
1. Asset Management Company is issued bonds to buy bad debt according to market value on the basis of bond-issued plans approved by the State Bank.
2. The release of the bond of the Asset Management Company does not have to apply regulation of principles, conditions of release, the filing of bonds issued by the Government on the release of corporate bonds and does not apply the regulation of the principle. Government-based mobiles on investment of state capital investment in business and financial management to the state-owned enterprises hold 100% of the charter capital.
3. Asset Management Company is issued bonds in accordance with the methods:
c) The release logic;
d) Sell directly.
4. The bond of the Asset Management Company held by the credit organization is used to participate in the open and resupply market business at the State Bank.
5. State Bank specifically regulates the bond issue of the Asset Management Company. "
6. paragraph 6, paragraph 7 Article 16 is modified, added as follows:
" 6. Selling debt to organizations, individuals. The sale of debt to organizations, the individual being non-resident is carried out by the regulation of the State Bank.
7. Initiate or authorize or transfer the rights to the debt-selling credit organization the borrower, the party is obliged to repay the debt, the party guarantees the Court; authorize or transfer the rights to the sale of the rights to the sale of the rights and responsibilities of the Company. Managing the execs in the execs. "
7. Clause 1 Article 18 is modified, added as follows:
" 1. The secured property of the bad debts that the Asset Management Company has purchased is handled by the agreement between the guarantee and the recipient; if there is no agreement, the guaranteed asset is sold as stipulated at Clause 2 This Article. "
8. Add the 2a clause to the following paragraph 2 Article 18 as follows:
" 2a. After 01 (one) the sale of the guaranteed asset auction of bad debts by regulation at paragraph 2 This failed, the Asset Management Company continued to sell that property through the auction or sale of that property on the basis of an online agreement. With the buyer, he informed the security of the party. The cases that are considered semi-auction are not included:
a) No participant bid;
b) No bidder at auction;
c) Other non-municipal auction cases according to the law of the sale of the auction. "
9. Point 1 Article 1 Article 20 is modified, added as follows:
" c) The special bond issued in Vietnam has an interest rate of 0% and has a maximum minimum of 05 (year) years. The case of special bonds issued to buy the bad debt of credit organizations is implementing a restructuring or financial difficulty, the deadline for the maximum special bond is no more than 10 (ten) years. "
10. paragraph 3 Article 20 is modified, added as follows:
" 3. The State Bank is specifically regulating the reissue of capital on a special bond basis. "
11. Add the point c to paragraph 1 Article 21 as follows:
"c) is acquired from the bad debt from the Asset Management Company ahead of the deadline of the special bond."
12. Point A 2 Article 21 is modified, added as follows:
"a) Extracts the annual risk project on special bonds at the cost of operating costs on the deadline of special bonds to create bad debt processing when acquiring bad debts from the Asset Management Company regulations at Section 3 This."
13. Modified, add a Point a and add a point k to paragraph 1 Article 23 as follows:
"a) proceeds from the debt recovery operation;"
"k) Cash proceeds at Point 1 Article 1 Article 13 of this decree."
14. Add to Section 3 on Article 26 as follows:
" 3. Directed, instructs the tax authority to support the asset management Company to complete the procedures, records to perform financial obligations with the State when transferring ownership, the right to use the property secured for the buyer. "
15. Add to Section 3 on Article 27 as follows:
" 3. The Scout, the director of the civil law enforcement agency, supports the Asset Management Company during the implementation of the sentence, the Court's decision on the handling of the secured property. "
16. Article 28 is modified, added as follows:
" Article 28. Responsibility of the Ministry of Natural Resources and Environment
1. Directed, instruct the units to coordinate, support the implementation of the purpose of the purpose of the transfer of land use during the processing of secured assets at the recommendation of the Asset Management Company.
2. Directed by, instructs the co-ordinated subordinated units, which supports the implementation of the land use transfer during the processing of the assurance assets of the Asset Management Company. "
17. Additional Article 28a after Article 28 as follows:
" 28a. The responsibility of the Ministry of Construction
1. Guide to the finalization of legal records under the rule of law on construction and real estate business for the secured property as a real estate project.
2. The Guide to the Asset Management condition of the Asset Management Company is the real estate project for investors when it is entangled. "
18. Additional Article 28b in after Article 28a as follows:
" Article 28b. Responsibility of the Ministry of Planning and Investment
The Ministry of Planning and Investment Command, guidelines for the sequence, procedures for revoking the investment certificate to grant new investment certificates to the buyer or the person who hit the property price auction on the land of the investment project (the secured asset buyer) is the secured property. the Asset Management Company ' s debt. "
19. Add 1a, 1b in after 1 Article 30 as follows:
" 1a. The Ministry of Public Security, the director of the public security department, provides security, order, and security.
1b. When there is a proposal by the Asset Management Company, the People's Committee within its management scope is responsible for coordinating, supporting the Asset Management Company to carry out the capture, recall, processing of secured assets. "
This decree has been in effect since April 5, 2015.
Minister, Chief Executive Officer; Head of Government of the Government; Chairman of the People ' s Committee of the Provinces, City of Central City; Chairman of the Board of Commissioners, General Manager of the Asset Management Company; Chairman of the Board, Chairman of the Council. The co-members and the Director General (Director) organizes credit and organizations, the individual is responsible for the implementation of this decree.
TM. THE GOVERNMENT.