Circular 30/2014/tt-Nhnn: Regulations On Trustee And Fiduciary Receipt Of Credit Institutions, Branches Of Foreign Banks

Original Language Title: Thông tư 30/2014/TT-NHNN: Quy định về ủy thác và nhận ủy thác của tổ chức tín dụng, chi nhánh ngân hàng nước ngoài

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THE STATE BANK OF VIETNAM
Number: 30 /2014/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 6, 2014

IT ' S SMART

The regulation of trust and trust.

Credit organization, foreign bank branch.

____________

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

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

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 (later called the State Bank);

On the recommendation of the Chief Inspector, the bank oversight;

The Governor of the Bank of the State of the State of the State of the State of the State of the State of the State of the State of the United States provides for the trust and trusts of the credit organization.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. The credit organization, the foreign bank branch that is only mandated by the mandate, receives the mandate in accordance with the regulation at this Smart for the following activities:

a)

b) To lease financing;

c) Gb capital, purchasing shares;

d) Investment in manufacturing, business;

Buy a business bond.

2. The organization of the credit, the foreign bank branch that receives the government mandate by the Government.

What? 2. Subject applies

1. Credit Organization, including:

a) Bank of Commerce;

b) Bank policy;

c) The bank cooperated;

d) Financial firm;

The company for financial leasing;

e) Microfinance organization;

g) The Human Credit Fund.

2. Foreign Banking Branch.

3. The organization is not a credit organization, the foreign bank branch in Vietnam (later called the organization), the individual is the resident, the non-resident who is involved in the trust operation, receiving a regulatory mandate at this level.

What? 3. Explain words

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

1. Trust is the one party (trustee) of the capital by money to another party (the trustee) to carry out the prescribed operation at 1 Article 1 This message to the trustee, the trustee of all risks, to the recipient of the commission to be entitled to a commission fee. Yeah.

2. The fidget object is subject to the beneficiary of the trust capital, including:

a) Personal, organization, including credit organization, foreign bank branch, capital of equity, financial leasing;

b) The business, the credit organization that receives the contribution, issue bonds, stocks;

c) Project production, business.

3. The loan trusts are delegated to the trust party for the trustee to lend to the loan client.

4. The financial leasing trust is the mandate of the trust trustee to the trustee to lease the finances to the financial tenant.

5. The Capital Trust, which buys shares is the trust of the trust trustee to the recipient of the trust, which buys the shares of the business, the credit organization.

6. Enterprise bond buying is the party to trust the trust to buy corporate bonds, including convertiable bonds.

7. Getting the investment trust in the production project, business is the financial firm that receives the trust of the project investor to invest capital in the production project, business on the basis of a business cooperation contract.

8. The mandate deadline is a period of time calculated from the time that the trustee begins to perform the trust content until the completion of the trust content, which is regulated at the trust contract.

9. Trust capital is the amount of money delegated to the recipient of the mandate to perform the trust content.

10. The trust fee is the amount that the trustee pays to the recipient of the trust to perform the trust content, which is regulated at the trust contract, in accordance with the rule of law.

What? 4. Trust Principles

1. The Trust must be established in a written contract, in accordance with the regulation at this and other laws related.

2. The trust party is commissioned only for the trustee to carry out the trust content that the trust party is made and mandated by the regulation of the law; the recipient of the mandate is only delegated to the trust content that the party trusts. It ' s done and mandated by law.

3. The trustee is not recommissioned to the third party.

4. The fidget delivery must be consistent with the conduct of the trust content.

5. The delegate to the trust is not used by the right-to-hand trust, the trust content is regulated at the trust contract.

6. The credit organization, foreign bank branch trust for credit organization, foreign bank branch and other organization must calculate the balance of trusts in the limits, the safety guarantee rate in the operation of the credit organization, the branch of the foreign bank. Foreign banks are regulated by the State Bank.

7. The foreign bank branch receives the trust of the parent bank, the branch of the parent bank abroad for lending, buying bonds made by regulation at this Smart and the regulation of the law on borrowing, foreign debt, foreign exchange management, and other regulations. The laws of the law are different.

8. Foreign currency trusts must comply with the rule of law on foreign exchange management and the provisions of the relevant law.

9. The trust party is a credit organization, the foreign bank branch must implement the debt classification, extract the bill and use the backup to handle the State Bank ' s regulatory risk for the trust balance.

The trustee is a credit organization, the foreign bank branch that does not have to implement the debt classification, extracts the bill and uses the reserve to handle the State Bank's regulatory risk for the trust balance.

10. For the mandate to go abroad, the credit organization, the foreign bank branch is commissioned only to the bank, the offshore fund management company performs some regulatory activity at 1 Article 1 This is in the scope of external activity. to the international market of the credit organization, the foreign bank branch of the State Bank.

What? 5. Trust Contract

1. The mandate contract must have a minimum of the following content:

a) Name, address of the trustee and the trustee;

b) the mandate object: Must be specified in the name or specific information sufficient to determine the fidget object.

For the case of the mandate to purchase bonds, in addition to the identifier or information to determine the organization's release, which must specify a particular type of bond, the deadline of the bonds;

c) The purpose of trust;

d) Range, trust content;

Proxy timeout;

e) Trust fees;

g) Mandate capital; the time of capital trusts;

h) The currency makes the mandate (if any);

i) the right, the mandate of the trustee, the trustee, which must make it clear to the trustee of all risks and benefits all the benefits from fidget activity, to the recipient of the mandate to be entitled to trust;

) End the contract.

l) Deal with the dispute.

2. In addition to the specified content at this 1 Article, the trust contract may have other content due to the parties of the agreement in accordance with the provisions of this Information and the provisions of the relevant legislation.

What? 6. Rights and obligations of the delegated party

1. The trustees have the following rights:

a) Request for the recipient of the commission to provide the case, the document that proves that the trustee is allowed to carry out the mandate of the mandate, to receive the mandate under the rule of law;

b) Request to the recipient of the report trust, provide documentation, information about the situation, the results of the trust contract;

c) Monitoring, examination of the trust of the trust of the implementation of the content, the mandated scope at the trust contract;

d) Other rights under the regulation at the trust contract, in accordance with the provisions of the law.

2. The trust party has the following obligations:

a) Review, functional assessment, operational range, governance capacity, executive, personnel, expertise, technology, and infrastructure of the trustee's party to ensure that the trustee is able to perform a mandate, trustee;

b) delegated capital to the recipient of the mandate under the conduct of the conduct of the regulatory trust at the trust contract;

c) Provide the recipient of the trustee of the information, the document related to the mandate by regulation at the trust contract;

d) Payment charges for the recipient of the regulatory mandate at the trust contract;

) Other obligations under the regulation at the trust contract, in accordance with the rule of law.

What? 7. Rights and obligations of the trustee

1. The recipient of the trust has the following rights:

a) rejecting the requirements of the delegated party regarding the scope and content of the mandate, the mandate object is not regulated at the trust contract or not the correct rule of law;

b) received the mandated commission fee at the commission contract;

c) Required by the trust party to provide information, documents related to the mandate by regulation at the trust contract;

d) Other rights under the regulation at the trust contract, in accordance with the provisions of the law.

2. The trustee has the following obligations:

a) Review, assessment of function, scope of operations of the trust party to ensure that the trust party is allowed to carry out the mandate of trust, to receive trust in accordance with the provisions of the law;

b) Do the right content, the scope of trust is regulated at the trust contract;

c) Implemucing, monitoring the use of fidget capital of the mandate subject by regulation at the trust contract;

d) timely notice, adequate for the trust party on the situation to implement the mandated trust content at the trust contract;

) Transfers to the party to trust all the legal benefits, the records, the relevant documents prescribed by the trust contract.

For the case of termination of the pre-mandate contract, the recipient of the transfer trust paid to the party of the unresolved commission of the mandate, all legal and case benefits, the paperwork relevant to the date of the termination of the mandate contract prior to the stipulation at the contract. The board of trustees;

e) Perform other obligations under the regulation at the trust contract.

What? 8. The conditions of carrying out the mandate and receiving the trust of the credit organization, the foreign bank branch

The credit organization, the foreign bank branch that is carried out trustees, receives the mandate when there is full of the following conditions:

1. Trust Operations, the mandate must be inscribed in the established and operational License.

2. There is an internal regulation of fidgeting and trustee operations management, which has content on identification, measurement and management of the risks of fidgeting and receiving operations in accordance with the property, the operational scale of the credit organization, the banking branch, and the ... -Foreign.

3. Trust Operations and Trustee must be managed at risk by a risk management division.

4. The trustees have facilities, networks, and staff with a degree, expertise, engineering to ensure the implementation of the trust content.

5. The case of credit organization, the foreign bank branch that receives the trust capital of the organization, the individual to make investments in the production, business, financial leasing, lending, in addition to the regulatory conditions from paragraph 1 to paragraph 4 This must be guaranteed. At the time of the trust, the trustees are the organization, the individual has no credit loan, the foreign bank branch.

Chapter II

TRUST AND TRUSTEE OF THE CREDIT ORGANIZATION,

FOREIGN BANK BRANCH

What? 9. The uncommissioned case, the trustee

1. The credit organization, the non-commissioned foreign bank branch, receives a loan trust to the trust object of the non-credit case stipulated at Article 126, Article 127 The Bank of Housing Bank ' s credit and regulation organizations. In terms of limits, security is safe in the activity of the credit organization, the foreign bank branch.

2. Commercial banks, foreign bank branches, cooperative banks, population credit funds, uncommissioned microfinance organizations, receive financial leasing trusts.

3. Credit Organization (excluding commercial banks), foreign bank affiliates not commissioned, receive capital trusts, buy shares.

The non-commissioned commercial bank, which receives capital trusts, buys shares for trust subjects belonging to non-contribuable cases, purchase provisions of regulation at paragraph 5 Article 129 The State Bank ' s credit and regulatory institutions of the Bank of the United States. the limits, the safety guarantee rate in the operation of the credit organization, the foreign bank branch.

4. Credit Organization (except financial company), the foreign bank branch is not commissioned, receiving a mandate to invest in the manufacturing, business project.

5. Financial firm, financial leasing company, cooperative bank, population credit fund, uncommissioned microfinance organization, corporate bond buying trust.

6. The credit organization, the foreign bank branch that is not commissioned, receives the trust to buy the bonds of another credit organization, the other foreign bank branch.

What? 10. Trust and Trustee of the Commercial Bank

1. Commercial banks commissioned for:

a) Other commercial bank, foreign bank branch, financial firm to make loans to customers;

b) The cooperative bank to make a loan to the customer is not a member of the cooperative bank;

c) The Human Credit Fund to perform a loan to the customer is not a member of the civil credit fund;

d) Microfinance organization to perform lending to individuals, low-income households, micro-business enterprises;

Other commercial banks, organizations that are allowed to trade securities by law to fund capital, purchase shares of businesses, other credit organizations;

e) Other commercial banks, foreign bank branches, organizations that are allowed to trade securities by law to buy corporate bonds.

2. Commercial banks receiving the mandate of:

a) Other commercial bank, policy bank, foreign bank branch, financial firm, cooperative bank, organization to make loans to customers;

b) Other commercial bank, the organization is allowed to trade securities under the rule of law to contribute, buy shares of the business, organize other credit;

c) Other commercial banks, foreign bank branches, organizations that are allowed to trade securities by law to buy corporate bonds.

What? 11. Trust and Trustee of the foreign bank branch

1. The foreign bank branch is commissioned for:

a) Commercial banks, other foreign bank branches, financial firms to make loans to customers;

b) The cooperative bank to make a loan to the customer is not a member of the cooperative bank;

c) The Human Credit Fund to perform a loan to the customer is not a member of the civil credit fund;

d) Microfinance organization to perform lending to individuals, low-income households, micro-business enterprises;

Commercial banks, other foreign bank branches, organizations are allowed to trade securities by law to buy corporate bonds.

2. Foreign Banking Branch received the mandate of:

a) The parent bank, the other branch of the parent bank, the commercial bank, the policy bank, the other foreign bank branch, the cooperative bank, the organization to make loans to customers;

b) The parent bank, the other branch of the parent bank, the commercial bank, the other foreign bank branch, the organization is allowed to trade securities by law to buy corporate bonds.

What? 12. Trust and Trustee of the financial firm

1. The financial firm is commissioned for:

a) Commercial banks, other financial firms to make loans to customers;

b) The cooperative bank to make a loan to the customer is not a cooperative bank member;

c) The Human Credit Fund to perform a loan to the customer is not a member of the civil credit fund;

d) Microfinance organization to perform lending to individuals, low-income households, micro-business enterprises;

) The financial leasing company, another financial firm to make financial leasing.

2. Financial company:

a) Getting the investment trust in the organization ' s business production project, the individual;

b) The trustees of the commercial bank, the policy bank, the foreign bank branch, the other financial firm, the cooperative bank, the organization, the individual to make loans to the customer;

c) Take the trust of the financial leasing company, the other financial firm to make the financial lease.

What? 13. Trust and receive the trust of the financial leasing company

1. The financial leasing company is mandated to the other financial leasing company, the financial firm to make the financial lease.

2. The financial leasing company is receiving the trust of the financial firm, the other financial leasing company to make the financial lease.

3. The financial leasing company is receiving the trust capital of the organization, the individual to make the financial lease.

What? 14. Trust and Trustee of the cooperative bank

1. The cooperative bank is delegated to commercial banks, foreign bank branches, financial firms to make loans to customers who are not a cooperative bank member.

2. The cooperative bank is entrusted to the people's credit fund to make a loan to the customer who is not a member of the civil credit fund.

3. The cooperative bank receives the trust of the commercial bank, the foreign bank branch, the financial firm to make loans to customers who are not a cooperative bank member.

What? 15. Receive the Trust of the People ' s Credit Fund

1. People 's credit fund is receiving the funding of the organization' s lending, the individual.

2. The Fund for People's Credit Trust, the foreign bank branch, the financial firm, the cooperative bank to make a loan to the customer is not a member of the civil credit fund.

What? 16. Trust and Trustee of the microfinance organization

1. The microfinance organization is commissioned for other microfinance organizations to lend to individuals, low-income households, small businesses.

2. The microfinance organization is given the trust of the commercial bank, the financial firm, the foreign bank branch, the other microfinance organization to lend to the individual, low-income households, super-small businesses.

Chapter III

ACCOUNTING, REPORT, REGULATION.

What? 17.

1. The credit organization, the foreign bank branch is on the trust party to implement the internal accounting for the number of capital trusts to perform the loan operation, the financial lease, investment in the business production project, which contributes, purchasing shares, buying corporate bonds. You know, for the trustee, for the law of accounting.

2. The credit organization, the foreign bank branch, is the recipient of the trust-making trust in the number of trusts that have lent it, to finance, to invest in the business production project, to fund, buy shares, buy corporate bonds. according to the law of accounting.

What? 18. Report

1. The credit organization, the foreign bank branch, must report a mandate, receiving a mandate by the State Bank of the State Bank for statistical reporting applied to credit organizations, foreign bank branches.

2. The credit organization, the foreign bank branch responsible for providing information on the results of the trust of the trust, receive the trust for the Vietnam National Credit Information Center under the regulation of the credit information operation of the State Bank. Water.

What? 19. transition regulation

For the trust contracts to be signed prior to this date ' s effective date, the credit organization, the foreign bank branch is continued to follow the signed agreements and regulations of the law at the time of the signing until the end of the year. The contract is on the contract and not to renew this contract. The amendment, the addition of the contract to speak above is only done if the content is amended, complements in accordance with the provisions of this Information and the provisions of the relevant law.

Chapter IV

THE ORGANIZATION.

What? 20. The responsibility of the Inspector Agency, oversees the bank

1. Monitor, inspect, inspect the fidgeting operation, receive the trust of the credit organization, the foreign bank branch in accordance with the regulation at this Smart.

2. The administrative violation of the trust operation, the trustee of the credit organization, the branch of the foreign bank by the rule of law on the sanctions against administrative violations in the field of currency and banking activities.

3. Coordinate with the Forecast, Statistics, Financial Cases-Accounting, Foreign Exchange Management in the management of fidgeting operations, receiving the trust of the credit organization, the foreign bank branch.

What? 21. The responsibility of the units involved

1. The responsibility of the Foreign Exchange Management:

Tracking, managing the loans of loans, paying foreign debt related to fidgeting activities, receiving the trust of the credit organization, the foreign bank branch, under the rule of law.

2. The responsibility of the State Bank of the provincial branch, the Central City of China:

a) Inspector, overseeing the Provincial Bank of the State Branch, the Central City of the Central Committee where there is no Bureau of Inspects, oversight of the bank carrying out oversight, inspection, inspection of the trust operation, receiving the trust of the credit organization, details the foreign bank branch on the site in terms of function, mission;

b) Report the Governor of the Bank of the State on cases of violations and violations of the violation by jurisdiction.

3. The responsibility of the National Credit Information Center of Vietnam:

a) To receive and aggregate information on fidgeting activities, receiving trust issued by the credit organizations, the foreign bank branch of the foreign bank;

b) Provide information about trust activities, trustees of credit organizations, foreign bank branches by regulation of the credit information activities of the State Bank.

Chapter V.

EXECUTION CLAUSE

What? 22.

1. This message has been in effect since 1 January 2015.

2. The following documents, the following rules expire:

-Private. 04 /2012/TT-NHNN March 8, 2012 of the State Bank of the State Bank regulates the mandate of the trust and trust of the credit organization, the foreign bank branch;

-Section II 05 /2006/TT-NHNN July 25, 2006 of the State Bank instructs some content on the financial leasing operation and the trust service for the financial leasing under the regulation at the Digital Protocol. 16 /2001/NĐ-CP May 02, 2001 and Decree No. 65 /2005/ND-CP May 19, 2005.

3. Chief of Staff, Chief Inspector, bank supervisor, Head of State Bank units, Director of the Provincial Bank of the State Branch of the Province, Central City, Chairman of the Board, Chairman of the Board of Directors and General Manager of the Bank. (Director) (Director) credit organization, foreign bank branch is responsible for this private practice.

KT. GOVERNOR.
Vice Governor.

(signed)

Thank you.