Circular 29/2014/tt-Nhnn: Guide Commercial Banks To Coordinate With Vietnam Development Bank In The Implementation Of The Guarantee Mechanism For Small And Medium Business Loans Under The Rules At The Preci ...

Original Language Title: Thông tư 29/2014/TT-NHNN: Hướng dẫn các ngân hàng thương mại phối hợp với Ngân hàng Phát triển Việt Nam trong việc thực hiện cơ chế bảo lãnh cho doanh nghiệp nhỏ và vừa vay vốn theo quy định tại Qu...

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STATE BANK
Number: 29 /2014/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 9, 2014

IT ' S SMART

Oh. They ' re leading the commercial banks in coordination with the Development Bank.

Vietnam in implementing a guarantee mechanism for small business and small business

Capital-based loans issued by the Board of Warranty issued by

Number Decision 03 /2011/QĐ-TTg of the Prime Minister

_________________

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

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

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

Base of Protocol 56 /2009/NĐ-CP June 30, 2009 of the Government on Aid to the Development of Small Business and Just;

Base Decision Base 03 /2011/QĐ-TTg January 10, 2011 by the Prime Minister on the issue of the Warranty Statute for small business and borrowed capital at the commercial bank;

On the recommendation of the Chief Credit:

The Governor of the State Bank of Vietnam issued the Investment Guide to Commercial banks in coordination with the Development Bank of Vietnam in the implementation of the guarantee mechanism for small business and borrowed capital by regulation at the Department of Issued Warranty. By Decision Number 03 /2011/QĐ-TTg of the Prime Minister.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information guides the commercial banks in coordination with the Development Bank of Vietnam (later known as Development Bank) in the implementation of the guarantee mechanism for small business and the borrower by regulation at the Issued Warranty issued by the Bank of Vietnam. Number Decision 03 /2011/QĐ-TTg January 10, 2011 by the Prime Minister (later known as the Guarantee Statute).

What? 2. Subject applies

1. State commercial bank, equity trading bank, joint venture bank, bank of 100% foreign capital, foreign bank branch operating in Vietnam (later called a loan).

2. Businesses are subject to a small and medium-and medium-and medium-term business-based loan development by the Bank of China Development Bank. 56 /2009/NĐ-CP June 30, 2009 The Government of the Government on the Help develops small and medium-term business development (later called customer).

3. Development Bank and organizations, individuals involved in the implementation of the bail process.

What? 3. Loan Principles

1. The business production project is considered for the insured loan of the Development Bank as the industry project, the regulatory sector at 2 Article 3 of the guarantee of bail.

2. On the review of the review, the decision to lend a loan to the customers ' projects is to be held by the Development Bank under the existing law of the credit organization's loan to the customer, the regulations at this Smart, and the relevant law regulations. Yeah.

Chapter II

SPECIFIC REGULATION

What? 4. Coordination Agreement

1. The lender and the Development Bank have a written agreement on the implementation of the Development Bank ' s bail implementation (later called the Coordinated Agreement) before the signing of the credit contract, which includes the content: Coordination sequence between the two companies. the parties in the reception and settlement of the customer's secured loan needs; provide evidence from the bank; examine the use of loans, assets formed from borrowed capital (called a loan check); adjust the payment term, renew the debt; in fact. It's a bail obligation.

2. On the loan, the Development Bank and Client have a written agreement to ensure the lender has the right to take on and dispose of the secured assets in the case of the Development Bank refusing to perform the appropriate bail obligation in accordance with the regulation at This and the rules of the law are relevant.

What? 5. Announces approval for loan

1. The loan approval notification is a document issued by the loan party for the customer informed of the loan approval if the loan is taken over by the Bank. The loan approval notification does not have a value that replaces the credit contract of the loan.

2. The content of the loan approval notification is the basis for the Development Bank to sign the bail contract and issue bail certificates on the customer's loan. The content at the announcement of the loan approval, the bail contract and the bail certificate must be unified, complying with the existing law regulations regarding lending and bail to the customer.

3. Announces the Lending Approval Notification includes the following basic content: Customer name, project name, purpose of borrowing capital, the total source of the project (including equity, bank loans and other capital sources), the total amount of loan approval (including the number of loans). The Bank ' s bail loan, the loan amount is secured by other measures or does not apply the assurance measures), the loan deadline, the debt-payment term, the regulation of the loan budget, the validity deadline of the approved notice. loan (if any). In the event of a valid statute of limitations, the lender only considers the signing of a credit contract with the customer during the validity period of the loan approval notification.

What? 6. Sign a credit contract

Within 7 days of work since the lender received the original statement of bail issued by the Development Bank, the lender considers the implementation:

1. Sign a credit contract with the customer if the content of the bail certificate is consistent with the text content that approx the loan approval.

2. A written notice to the customer and the Development Bank in the event of not agreeing to sign a credit contract, which states the reason for refusing to sign a credit contract, and also reimbursable the original statement of bail for the Development Bank.

What? 7. The cashier, the customer loan check

1. Provide a certificate from the cashier: The lender must provide a copy of the certificate from the bank and the profile associated with the bank account for the Development Bank immediately after each time the bank loan is used as a base in the coordination of the loan.

2. A loan check: The lender and the Development Bank at the time of the implementation of the borrower-loan coordination, ensure that the customer oversight uses the borrower, the assets formed from the right loan capital. The checking of the loan must be compiled by the parties involved. The loan editor is the basis for the Development Bank to perform a bail obligation.

What? 8. adjust the debt deadline, renew the debt

1. The lender considers an offer to adjust the payment term, which limits the debt to the customer as defined by the existing law on a unified basis with the Development Bank.

2. The process of implementing the payment term payment term, which limits the debt to the customer as follows:

a) There is a written loan that sends the Development Bank on the option of adjusting the debt-payment term, which limits the debt to the customer.

b) In the 7-day period of work since the date of receiving the text of the loan, the Development Bank is responsible for responding by the letter to the loan of agreeing or disagreeing with the payment term adjustment, the loan extension of the loan party. In the case of consent, the Development Bank performs amendments, adding bail certificates to the loan in accordance with the option of a payment of the payment term, the loan extension of the loan.

c) The lender only performs the payment term adjustment, which limits the debt to the customer if the Development Bank ' s text approx the payment of the payment term, renew the debt and modify the contents in the bail certificate that is associated with the payment. adjust the payment term, renew the customer ' s debt.

What? 9. Make a bail obligation

1. The Development Bank is responsible for carrying out the obligation of bail on the right of the statutory loan in accordance with the bail certificate and the rule of law in relation to the bail.

2. The lender and the Bank for the Development of the specific agreement by writing of the Development Bank cases are refused to perform a regulatory obligation by regulation at paragraph 4 Article 19 Rules of bail in accordance with the following principle:

a) The Development Bank is refused to perform all of the bail obligations when the party lender a part or the entire borrower is not the right purpose.

b) The case for loan-to-bank lending is correct but does not make the right examination, which oversees the use of loans, assets formed from loan capital to customers leading to the customer using borrowed capital, property formed from non-equity loans. On purpose, the Development Bank is only refused to pay the amount of money corresponding to the loan portion, the asset forms from the loan capital that the customer uses the target error.

3. In the 7-day period of work since the date of the loan to the payment of the debt that the customer does not pay is not fully paid, on the right of the loan, the lender is responsible for determining the cause of the customer's debt, which applies. The measure of debt-based repayment and with text accompanying records requires that the Development Bank perform a guarantee obligation to be committed under the provisions of the bail and guidelines Regulation.

4. In the 30-day period since the date of receiving the required text to perform the bail obligation of the lender, the Development Bank must complete the implementation of the pledged bail obligation. In the case of refusing to perform a bail obligation, the Development Bank must have a letter to the loan explicitly stating the reason. The 30-day period of work since the date of receiving a request to perform the bail obligation of the lender, which the Bank of Development does not have a rejected text, is seen as the Development Bank that approved the guarantee of the bail obligation. All right.

5. During the 7-day period of work since the date of receiving the Development Bank's rejection text, the lender must have written feedback or do not approve the Bank of Development's rejection. Beyond this, the lender is considered to approve the Bank's rejection if there is no response text to the Development Bank.

What? 10. Asset Transfer

When receiving the text of the lender approx the refusal to perform a bail obligation, the Development Bank performs the handling of the customer's assurance assets as follows:

1. The case of refusal to implement the full obligation of bail: The Bank of Development to transfer the right to the right to receive and dispose of the customer's secured assets to the loan under the Coordinated Agreement stipulated at 2 Article 4 of this Information. The lender reimbursable the bail certificate for the Development Bank after the Bank Development Bank transferred its secured assets.

2. The case refused to perform a part of the bail obligation:

a) For the part of the bail obligation to be approved: The Development Bank makes an immediate return of debt to the customer (including the root and the corresponding interest).

b) For non-approved bail obligations: The Development Bank in coordination with the lender performs the guarantee of the customer's assurance assets, the amount obtained from the processing of secured assets after subtracing the costs associated with the processing process. property assurance, which will be paid in accordance with the customer's debt balance at the bail party (the paid portion of the debt) and the customer's debt at the lender (the debt portion is rejected). In the case of the full debt of the original debt, interest and expenses arise in relation to the loan amount obtained from the handling of the secured property, the Bank Development Bank returns to the customer's deposit account.

What? 11. Classification and extract of risk reserves

The lender makes classification, extracts and uses the backup to handle the risks to the loans under the provisions of the State Bank of Vietnam and the regulation of the relevant law.

What? 12. Waste Processing

1. The organization, the individual violation of the provisions of this Act, the regulation of the relevant law, depending on the nature, the extent of the breach shall be processed under the rule of law.

2. During the loan process, if the lender finds out the customer breaches the agreements in the Credit Contract, the violation of the law or received the Office of the Development Bank requires the borrower to terminate the loan and revoking the debt prior to the regulation. At the point of one Article 16 of the guarantee, the lender immediately terminated the loan and made immediate return to debt. The credit contract is only made only when it has identified the cause of the cause, the extent of the breach and the breach that has been overcome, does not affect the efficiency of the project, the ability to repay the borrower's capital and the Development Bank has a uniform text. I mean, we're going to go on a credit contract.

What? 13. Report Information

1. Monthly, the lender aggregate the loan situation for small and moderate businesses of the Development Bank under Decision No. 1. 03 /2011/QĐ-TTg of the State Bank of Vietnam by the current regulation of the Governor of the State Bank of Vietnam in terms of statistical reporting applied to units of the State Bank of Vietnam and credit organizations, foreign bank branches.

2. On 10 monthly, the Development Bank aggregate the security situation for small businesses and borrowed capital at the lending side of the State Bank of Vietnam (Credit: The Business of Economic Affairs) under the banner of the bail-out statement for the business. Small and borrowed capital at the commercial bank, the foreign bank branch that comes with this.

Chapter III

EXECUTION CLAUSE

What? 14. The responsibility of the lender and the units of the State Bank of Vietnam

1. On loan:

a) Coordinate closely with the Development Bank implementing small customer loans and has just been regulated by the Bank for the Development of the Statutory Guarantee, the regulation of the relevant law, ensuring safety, compliance with the correct regulation of the law.

b) In the course of execution, if there is an entangrium, the difficulty of bank lending banks report to the State Bank of Vietnam (The Business of the Economic Affairs).

2. Vietnam State Bank units:

a) Business:

-Head-to-watch, the total situation that does the bank 's lending practices to small businesses and has the Bank of Development' s bail.

-The subject of processing of the entanging in the process of doing this.

b) The Agency for Inspectra, the bank oversight of the bank to carry out the inspection, monitoring and disposal of jurisdiction over the stakeholders in the acceptance of the regulations at the Warranty And Privacy Statute when implementing small and medium-security businesses. Bank of the Development Bank.

c) Financial case-The accounting for bank accounting for accounting accounting for the insured loan business of the Development Bank.

d) The provincial state bank of the provincial branch, the Central City of the Central City that carried out inspections, oversight and inspectors on jurisdiction over the banks on the site in the operation to borrow small businesses and have the Bank Development Bank bail. deployed, proposed to the Governor of the State Bank of Vietnam and the Chairman of the Provincial People's Committee, the Central City of China which handles the issues of birth.

What? 15.

1. This message has been in effect since 10 October 2014.

2. Digital News 12 /2009/TT-NHNN May 28, 2009 on the guidance of a number of content in the Bank-based lending of the Development Bank under the Protection Regulation for the commercial bank of the commercial bank issued by Decision No. 1. 14 /2009/QĐ-TTg and Digital Decision 60 /2009/QĐ-TTg of the Prime Minister's full effect since this date is effective.

3. For the credit contracts that have been signed prior to this date of the Notice effective implementation continue under the signed agreements until the end of the validity of the credit contract.

What? 16. Organization to execute

Chief of the Office, the Chief of the Credit Service of the Economy, the Head of Units of the State Bank of Vietnam, Director of the State Bank of the State Branch of the Provinces, the Central City of the Central Committee; Chairman of the Board, Chairman of the Board of Directors, The general manager (Director) of the commercial bank, foreign bank branch, small business and a loan, the Development Bank is responsible for the organization's organization.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress