DECREE

V. Financial and financial leasing business.

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Government Law Base December 25, 2001;

Vietnam State Bank Law Base June 16, 2010;

The Law School of Credit: June 16, 2010;

At the suggestion of Governor of the State Bank of Vietnam,

The government issued a decree on the operation of the financial firm and the financial leasing company.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree provides for the operation of the financial firm and the financial leasing company.

What? 2. Subject applies

1. Financial company, financial leasing company established and operates in Vietnam.

2. The organization, the individual is involved in the operation of the financial firm, the financial leasing company stipulated at this 1 Article.

What? 3. Explain words

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

1. The combined financial firm is the financial company that is implemented in the regulatory activities in the Law of Credit Organizations and the Protocol.

2. The specialty financial firm includes the financial factoring company, the consumer credit finance company, the regulatory leasing company by regulation at this Decree and the guidance of the State Bank of Vietnam (later called the State Bank).

3. Financial factoring company is the specialized financial firm, active in the field of factoring under the provisions of this Decree.

4. Consumer credit finance company is a major financial firm, operating in the consumer credit sector as defined by this decree.

5. The financial leasing company is a specialized financial firm, which is the main financial leasing business in the United States. Financial leasing balances must account for a minimum of 70% of total credit-level debt.

6. Consumer credit is a credit-level form for the consumer purpose of a loan transaction that includes payout loans, consumer lending, and credit card release.

7. Financial leasing is a medium-term, long-term credit-level operation on the basis of a financial lease between the side of the financial lease with the financial tenant. Financial leasing is committed to purchasing assets for financial leasing at the request of the financial tenant and holders of property rights to the financial leasing property throughout the lease term. Financial leasing uses financial leasing assets and rent payments throughout the period of lease regulation in the financial leasing contract.

8. Financial leasing assets (later called for rent property) are machines, equipment or other assets under the regulation of the State Bank. State banks specifically instruct the types of rental properties for each period.

9. The side of the financial lease (the following call off is the rental party) is the financial leasing company, the financial firm.

10. The financial tenant (later called the tenant) is the organization, the individual operating in Vietnam, directly using the lease for its operating purpose.

11. The rent is the amount of money that the tenant must pay for the lease by the agreement in the financial lease contract.

12. The lease for the financial lease is a non-cancellation contract, signed between the lease and the tenant on the lease of the financing to one or some of the rental properties.

13. Buy and rehire in the form of financial leasing (the following call for purchase and lease) is the addition of the financial leasing purchase of machines, equipment or other assets under the regulation of the law owned by the tenant and for the government rehiring government. these assets in the form of financial leasing so that the tenant continues to use the service for its operations. In the trading and leasing transaction, the lease is at the same time as the rental property.

What? 4. Switch Type

1. The combined finance company is added, revising the operating content of regulation at this Decree to transform into a specialized financial firm.

2. The specialized financial firm is not added to the operating content to convert to a synthetic financial firm.

3. Based on the inspection, inspection, supervision of the State Bank and during the restructuring of the financial firm, the State Bank decides to merge, merge, transform the type of financial company.

Chapter II

IT ' S A FINANCIAL FIRM.

What? 5. Financial Operations Banking

The general condition for the financial company to implement a regulatory banking operation at 1 Article 108 Laws of Credit organizations:

1. The banking firm of the financial firm must be inscribed in the Establishment Permit and Operations provided by the State Bank (later called the License).

2. Have qualified cadres, professional capacity, facilities, technology, vehicles, equipment, and internal regulations under the rule of law to perform a bank activity inscribed in the license.

3. For banking activities related to foreign exchange activities, the financial firm must comply with the laws of foreign exchange management legislation.

4. Full response to the banking conditions for banking activities specified by the State Bank.

What? 6. Release deposit certificates, ballots, votes, bonds to raise the capital of the organization.

The financial firm was issued certificates of deposit, ballots, votes, bonds to raise the organization's capital when fully responding to the following conditions:

1. The conditions stipulate at Article 5 of this decree.

2. The minimum operating time, operational results, business provided by the State Bank.

3. The method of releasing a long-term price of paper must be approved by the General Assembly or the Board of Directors, the Council of the Member passed by the provisions of the law.

What? 7. The capital of the credit organization, domestic and foreign financial institutions

The financial firm is borrowed capital of the credit organization, the financial institution in the country and abroad when fully responding to the following conditions:

1. The conditions stipulate at Article 5 of this decree.

2. Unlike the State Bank cases that apply the restrictive measure, suspension, temporary suspension of the implementation of the borrower activity on the interbank market and there is no overdue debt at the credit organization, the other foreign bank branch of the country. according to the State Bank regulation.

What? 8. State Bank Loan in the form of capital refunds

The financial firm is borrowing the State Bank in the form of a refinance capital when fully responding to the following conditions:

1. The conditions stipulate at Article 5 of this decree.

2. Responding to sufficient refunding conditions provided by the State Bank.

3. The purpose of borrowing is consistent with the objective of running the monetary policy of the State Bank in each period.

What? 9. Loan, including paid loan, consumer lending and consumer loans

The financial company is lent, including paid loan, consumer lending when fully responding to regulatory conditions at Article 5 of this Decree.

What? 10. Bank of the Bank

The financial firm is made a banking guarantee when fully responding to the following conditions:

1. The conditions stipulate at Article 5 of this decree.

2. Meet sufficient conditions for the bail-held party, the bail party stipulated by the State Bank.

What? 11. Factoring

1. The financial company is implemented in factoring in response to the full response of the following conditions:

a) The conditions of regulation at Article 5 of this decree;

b) There is an internal regulation of processes, procedures, the principle of customer recognition for closely monitoring, ensuring that preventing abuse of money for money laundering, terrorism and other crimes.

2. The financial company established and operates prior to this Decree is to implement the additional implementation of the factoring operation in full response to the regulatory conditions at Clause 1 This and the following conditions:

a) Business activity has the least interest in the year adjacent to the five additional offers of activity;

b) There is a minimum operating period, the operational method of factoring by the State Bank;

c) Compliance regulations on safety assurance rates in banking operations, taxing and extracts the continuous risk reserve in all the quarter of the adjacent year before the year of the additional offering operational;

d) The debt ratio is below the regulation of the State Bank;

There are no administrative violations in the field of currency and banking for the period of 1 year adjoining from the time of the proposed return of the operation.

What? 12. Credit Card Release

1. The financial company is issued a credit card when fully responding to the regulatory conditions at Article 1 Article 11 of this Decree.

2. The financial company established and operates prior to this Decree is the implementation of the implementation of a credit card release operation while fully responding to the regulatory conditions at Clause 1 This and the following conditions:

a) The conditions specified at Point c, d, clause 2 Article 11 This decree;

b) Business activity has continuous interest for at least 2 years adjacent to five additional offers of activity;

c) There is a minimum operating period, a credit card release activity method provided by the State Bank.

What? 13. Financial lease

1. The financial firm is made operating for financial leasing under the regulation of financial leasing at Chapter III This decree when fully responding to the following conditions:

a) The conditions specified in Clause 1, 2, 4 Article 5 This decree;

b) There is an internal regulation of processes, procedures, the principle of customer recognition for closely monitoring, ensuring that preventing abuse of money for money laundering, terrorism and other crimes.

2. The established and active financial firm prior to this Decree is to enforce the additional financial leasing activities when fully responding to the regulatory conditions at Clause 1 This and the following conditions:

a) The conditions stipulate at the point a, b paragraph 2 Article 12 of this decree;

b) There is a minimum operating period, the financial leasing activity method provided by the State Bank.

What? 14. Other activities by the financial firm

The financial company is carried out by other activities ranging from Article 109 to Article 111 of the Law of Credit organizations.

What? 15. The operation of the factoring financial company, the consumer credit finance company.

1. The conditions of factoring operations on the financial firm factored:

a) The conditions stipulated at the Article 1 Article 11 of this decree;

b) The minimum factoring debt accounts for 70% of total credit-level debt or another rate specified by the State Bank in each period.

2. The factoring Finance Company is implemented as defined activities at Point a, e Clause 1 Article 108 The Rules of Credit organizations, Articles 6, 7, 8, 11, and Article 14 of this Decree in full response to the conditions at this Decree, except the following activities:

a) To issue corporate bonds, buy corporate bonds;

b) Take over the trust capital of the Government, organization, individual to carry out investment activities on production projects, business; and

c) The capital trust for another credit organization performs a credit level.

3. Consumer credit activity conditions for consumer credit finance company:

a) Regulation conditions at Article 9 and/or Article 12 This Decree;

b) A minimum consumer credit debt accounts for 70% of total credit or another rate specified by the State Bank during each period.

4. Consumer credit financing is made of regulatory activities at Point a, e Clause 1 Article 108 The Rules of Credit organizations, Articles 6, 7, 8, 9, 12 and Article 14 This Protocol shall meet all the regulatory conditions at this Decree, except for its activities. It ' s about regulation at points a, b, and c.

Chapter III

THE COMPANY ' S ACTIVITIES FOR FINANCIAL LEASING

What? 16. The operation of the financial leasing company

1. The financial leasing company is carried out the regulatory activities from Article 112 to Article 116 of the Law of Credit organizations and regulations at this Decree.

2. Buy and lease.

3. Being sold must be sold from the financial lease contract to the organizations and individuals according to the regulation of the State Bank.

What? 17. The lease has rights

1. Has the right to own the property for rent during the lease period and is not affected in the case of a bankruptcy party, dissolution or dispute, a pre-court case involving another third party. The rental property is not considered the property of the tenant when handling the property in order to pay the debt to other creditors.

2. Have the right to mount the ownership sign of the lease on the rental property during the lease term.

3. Have the right to ask the side to make bets and other guarantee measures under the rule of law if necessary.

4. Has the right to ask the tenant to provide information on the supply side, report the operational situation of the quarterly business, report financial decisions of the year and other issues related to the lease and the rental property.

5. Have the right to check the management and use of the rental property.

6. Transfer its rights and obligations under the financial lease for one side to another financial lease. In this case, the rental side must be notified by the text to the tenant.

7. Requied the lease for damages when the party violates the provisions, the conditions under the provisions of the financial lease contract.

8. Is terminated for pre-deadline lease and the lease requirements full of the remaining rent and the expenses arise due to the termination of the contract for financial leasing prior to the tenant violating the terms, which is the base termination of the contract. The copper is regulated in the financial lease contract.

9. Has the right to revoking the rental property when the tenant uses, exploit the rental property to the regulation of the financial lease contract; ask the state agency to have the authority to apply the measures under the law to secure the lease on the lease. show the rights of the owner to the rental property.

10. There is a recall rights to the unrecoverable rental property, repair, the lease requirements for the remaining rent and the costs arise for the recovery of the rental property.

11. Other rights under the regulation in the financial lease contract.

What? 18. The lease is obliged

1. Evaluation of the financial competability, prestige of the supply side of the legal operation; the rental property includes technical, racial, price, price, time of delivery, installation, warranty; feasibility, efficiency of the production investment project, business, conditions, and other conditions. in terms of financial leasing, the purpose of using the rental property and the ability to pay the debt of the tenant.

2. Buy, import the rental property under the agreement of the two parties in the financial leasing contract.

3. Register the ownership, which does the procedure to purchase insurance on the rental property under the rule of law.

4. The lease is not responsible for whether the lease is not delivered or delivered is not true to the conditions agreed by the side of the agreement with the supply side.

5. Full execution of the provisions, the other conditions stipulated in the financial lease contract.

What? 19. The lease has power

1. Take and use the rental property under the regulation of the financial lease contract.

2. Decision the purchase of the property or continue to rent after the end of the lease period.

3. The side requirements for the lease of damages when the party grants a violation of the provisions, the conditions under the regulation of the financial lease contract.

4. Other rights under the regulation in the financial lease contract.

What? 20. The lease is obliged

1. Accountable for the selection of the rent property, the supply side, the terms, conditions related to the rental property, including technical properties, strain, price, time of delivery, installation, lease of property, and the terms, conditions, and conditions. They're related to the rental property.

2. Use the right to lease the right purpose of the agreement in the financial lease contract; not to be sold, transfer the rights to the employer to the individual, the other organization, except the rental party case and the tenant with another agreement in the rental contract. Yeah,

3. Provide information on the supply side and the operational situation reports of the quarterly business, report financial decision year and other issues related to the lease at the request of the rental party; facilitate the use of a check-out. It's rented.

4. Pay the rent and pay the other costs that are associated with the rental property prescribed in the financial leasing contract.

5. Suffer at all risks of losing assets lost, subject to all costs of maintenance, repair, replacement of the rental property during the lease period and is responsible for all consequences due to the use of the rental property to the organization, other individuals in the process of use. It's rented.

6. Not deterred, deleted, spoofing the ownership sign of the rental party attached to the rental property.

7. Do not use a rental property to mortgage, hold or make sure to perform another obligation.

8. The full payment of the remaining rent and expenses that arise when the lease is lost, failure to recover, repair is or when the termination of a financial lease prior to the lease violates the terms, conditions are the termination base. The contract is regulated in the financial lease contract.

9. Full execution, on the right terms, the other conditions specified in the financial lease contract.

What? 21. End of pre-term financial lease

1. The financial lease may terminate before one of the following circumstances:

a) The lease does not pay the rent or breach one of the terms, other conditions are the base termination of the financial leasing contract, which is regulated in the financial leasing contract;

b) The tenant is declared bankrupt, dissolved;

c) The lease violates one of the terms, which is the base termination of the financial leasing contract, which is regulated in the financial leasing contract;

d) The rental property is lost, failure to recover repair;

The lease and the tenant agreed to pay the payment of the remaining rent before the lease stipulation in the financial lease contract.

2. The lease and lease of the specific regulation in the lease of the fiscal lease termination the contract for the financial lease under the provisions of this Article 1 Article.

What? 22. Handsome financial lease termination deadline

1. The case of a financial lease terminated prior to the stipulation at Point a, b Clause 1 Article 21 This decree, the tenant must pay the rest of the remaining rent. If the tenant does not pay the rent, the lease handles the lease for the lease as follows:

a) The rental side has a letter to the tenant, the People's Committee, and the public body where the tenant is based, placing the property on the lease, informed of the acquisition of the lease and the requirements of these agencies within the range of functions, duties, powers. apply measures under the rule of law to keep security, order in the process of revoking the rental property, guarantee the lease of the owner to the owner's rights to the rental property; conduct an immediate recovery of the rental property (except for the lease). the case of the property for rent is the object or object of the criminal case that is processed by the regulation of the criminal law); the required loan to the party. hired to handle expenses to recover the rental property when the tenant breaches a financial lease and does not voluntarily hand over the property;

b) The tenant must stop the use and return of the rental property to the rental party at the request of the lease, not to have any impediation behaviour on the return of the property to rent or continue to occupy, use the rental property; payment of all remaining rent on the provisions of the financial leasing contract and the expenses that arise to the recovery of the rental property; must receive mandatory debt on the amount of money on the mandatory loan rental to handle the costs of recovering the property. rental when the tenant breaches a financial lease and does not voluntarily hand over the property.

2. The case of a financial lease terminated prior to the stipulation at Point c, clause 1 Article 21 This decree, implemented by the stipulation of the financial lease contract.

3. The case of a financial lease terminated prior to the stipulation at the Point of Article 1 Article 21 This decree:

a) When the rental property is lost, the failure cannot be recovered, the rental party must have a local government-sent text where the tenant is based, putting the property on the lease, informed of the lost property, the failure to recover, and the request to apply. The measures in the jurisdiction in accordance with the rule of law to ensure the employer's execution of the owner's rights to the rental property; send the tenant informed of the failure to recover the damaged rent and request the tenant to pay the full amount of money. The remaining lease pursues to the regulation of the financial leasing contract and the costs associated with the recovery of the rental property;

b) The tenant must hand over the damaged lease at the request of the lease, the full payment of the remaining rent to the rental party under the regulation of the financial lease and the costs arise for the recovery of the rental property.

What? 23. Certificate in possession of property for rental property

During the lease term, the lease holder holds the ownership certificate for the property to the rental property. The tenant used a copy of the evidence of the state agency having jurisdiction in law relations with regard to the use of the property.

What? 24. Register for financial lease

The registration of the contract for finance is made by the rule of law.

Chapter IV

EXECUTION CLAUSE

What? 25. transition regulation

1. In a 12-month period, since the date of this Decree effect, the financial firm, the financial leasing company that has established and operates under a license issued by the State Bank before the date of this decree takes effect on full assurance. The conditions of regulation for activities are conditional on this decree.

2. In the 18-month period, since the date of this Decree effect, the combined financial firm, the consumer credit finance company, the financial leasing company has established and operates under a license issued by the State Bank before the International Day of Parliament. This plan has the effect of ending activities that are not implemented by regulation at this decree.

3. For financial leasing contracts, the loan contract signed prior to the date of the Agreement is enforced, the financial leasing company and the customer are continued to follow the signed agreements until the end of the contract deadline for the loan. Financial lease, loan deal. The amendment, the addition of the financial lease, the loan deal is made only if the content is amended, complemally in accordance with the provisions of this decree.

4. For the financial lease contracts signed prior to this Decree date comes into effect, in which the rental property is a ship ship that participate in domestic, international, the tenant is held and used in the form of a Certificate of Property Rights. for the rental property in international law relations with regard to the use of the property, the side of the lease holder of the certified copy of the state agency has jurisdiction.

5. State Bank specifically instructs the transfer of the financial firm stipulated at Clause 1, 2 This.

What? 26. Ministry of Service, Industry

1. Ministry of Public Security, Ministry of Justice and Ministry of Transport for functional base, guidance duties or coordination coordination, regulation of the granting and use of a Certificate of Property rights to the rental property and the use of a copy of the Certificate of Possession Certificates. with the rental property, the subscription owns the property for the lease, which guarantees the ownership of the tenant's owner to the rental property during the lease term.

2. The Ministry of Justice Department functions, the mandate is responsible for guidance or coordination with the State Bank and the ministries, the relevant sector instructs the registration of the financial leasing contract.

3. The Ministry of Justice, Ministry of Public Security, State Bank, local authorities are involved in a functional base, a mandate that is responsible for guidance or coordination of the manual recovery and disposal of the rental property.

4. The People ' s Committee and the public office where the party is to set the headquarters, put the property for rent within the scope of the function, mandate, its powers are responsible for applying the measures by law to keep security, order in the process. to the lease of the rental property, make sure the tenant does the ownership of the owner to the rental property.

What? 27.

1. This decree has been in effect since 25 June 2014.

2. This decree replaces the number of Protocol 79 /2002/NĐ-CP October 04, 2002 of the Government on the organization and operation of the financial firm, the Digital Protocol. 81 /2008/NĐ-CP July 29, 2008 by the Government on the amendment, adds some of the provisions of the Protocol. 79 /2002/NĐ-CP October 04, 2002 of the Government on the organization and operation of the financial firm, the Digital Protocol. 16 /2001/NĐ-CP May 2, 2001, of the Government on the organization and operation of the financial leasing company, the Digital Protocol. 65 /2005/ND-CP May 19, 2005 of the Government on the amendment, added some of the provisions of the Protocol. 16 /2001/NĐ-CP May 2, 2001, of the Government on the organization and operation of the financial leasing company and the Digital Protocol. 95 /2008/NĐ-CP August 25, 2008 by the Government on the amendment, adds some of the provisions of the Digital Protocol. 16 /2001/NĐ-CP May 2, 2001, of the Government on the organization and operation of the financial leasing company.

What? 28.

The Minister, the Head of the Council, the Head of the Government of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee, and the stipulated subjects at Article 2 of this decree is responsible for the implementation of this decree.