Circular 9/2014/tt-Nhnn: About The Amendments And Supplements To Some Articles Of The Circular No. 02/2013/tt-Nhnn Dated Jan. 21, 2013 Of The Governor Of The State Bank Regulations On Classification Of Assets, The Excerpt, Modes In ...

Original Language Title: Thông tư 09/2014/TT-NHNN: Về việc sửa đổi, bổ sung một số điều của Thông tư số 02/2013/TT-NHNN ngày 21/01/2013 của Thống đốc Ngân hàng Nhà nước quy định về phân loại tài sản có, mức trích, phư...

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THE STATE BANK OF VIETNAM
Number: 09 /2014/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 18, 2014

IT ' S SMART

V. The amendment, some of the things. I Number of hips 02 /2013/TT-NHNN 21/01/2013

of I Steelhead N Row N The country rules on the classification of property, the degree of quotation, the method.

extract the risk room and the use of the backup to handle the risk in operation

of the credit organization, the foreign bank branch

_____________________

Vietnam State Bank Law Base Stain. 46 /2010/QH 1 2 16th Ah! 6 years 20 1 0;

The Code of Credit: Number 47. 201 0/QH 1 2 days 1 June 6, 20 1 0;

Base of Protocol 1 56/20 1 3/ND-CP Day 11 Month 11 2013 of Ch - The government rules, functions, powers, and muscles. All the organization of the Bank of Vietnam;

At the suggestion of Ch. Ah! Inspector, what? Ah! Kill the bank. Oh,

Th Pipe. Bank of the State Bank of Vietnam, b ... socket Add a Stain. The article of the Stain. 02/20 1 3/TT-NHNN on 21/01/20 1 3 rules of the asset classification with a quote , the method of extracts. Yeah. Risk and breach. Don't c Yeah. -Yeah Room to handle the risks. ro in operation of the organization Foreign bank credits (2).

What? 1. Modified, added some of the provisions of the Private Private 02 as follows:

1. Add a paragraph 4 to Article 1 as follows:

" 4. The citation and use of the risk reserve for special bonds issued by the Company ' s Asset Management Company of Vietnam issued to buy the bad debt of the credit organization implemented by regulation at the U.S. Digital Information. 19 /2013/TT-NHNN June 6, 2013 of the Governor of the State 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 State 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 State 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 Republic of Vietnam (

2. Modified, add point 2 Article 6 as follows:

"h) There is regulation of the self-assessment of the guarantee property, including periodic principles, methods, processes and responsibilities of each unit, the individual with regard to the valuation of secured assets under the rule of law to ensure the value of secured property," he said. in line with market value when the calculation of the specific contingemal bill by regulation at this message; "

3. Modified, add paragraph 9 and paragraph 10 Article 9 as follows:

" 9. For the debt that loans, the credit-granting of the government, the direction of the Government, the Prime Minister, the credit organization, the foreign bank branch that does the debt classification, extract and use the backup to handle the risk under the decision. of the Governor of the Bank of State for every particular case.

10. For the statutory debt stipulated at point c (iv) paragraph 1 Article 10 This message, at the time of the breach of the breach, the credit organization, the foreign bank branch must immediately decide to revoking the portion of the debt violation.

For debts that must be revoked according to the inspection, the credit organization, the foreign bank branch, must decide to revoking the balance of debt according to the conclusion of the inspection.

For laws that violate the law stipulated at point c (iv) paragraph 1 Article 10 of this, the debt must be revoked according to the inspection conclusion, the credit organization, the foreign bank branch that is not restructured the payment deadline and in time of time. recovered by the recall decision, the credit organization, the foreign bank branch that carried out the debt classification, extracted the risk prevention project at this discretion. "

4. Add a 10a paragraph to Article 9 as follows:

" The case of a statutory debt of law stipulated at points c (iv), d (iv), e (v) paragraph 1 Article 10 This message or a debt must be revoked according to the regulatory inspection conclusion at c (v), d (v), e (vi) paragraph 1 Article 10 This message is classified. In groups with different levels of risk, the credit organization, the foreign bank branch, has to classify that debt into the highest-risk debt group. "

5. Modified, add point c (iv) and point c (v) paragraph 1 Article 10 as follows:

" (iv) The debt belonging to one of the following cases has not been recovered in less than 30 days from the date of the recall decision:

-The default breach in terms of 1, 3, 4, 5, 6 Articles 126 Law organizations;

-The default breach of the debt at 1, 2, 3, 4 Article 127 Rules of credit organizations;

-The default breach of the debt at 1, 2, 5 Articles 128 Laws of credit organizations;

(v) Debt during the recovery deadline for inspection of the inspection; "

6. Additional points c (vii) in paragraph 1 Article 10 as follows:

"(vii) The debt must be classified in Group 3 by regulation at paragraph 11 Article 9 of this Information."

7. Modified, add point d (iv) and d (v) paragraph 1 Article 10 as follows:

" (iv) The default debt at point c (iv) paragraph 1 This has not been recovered in the period of 30 days to 60 days from the date of the recall decision;

(v) The debt must be revoked according to the inspection conclusion but too deadline to recover by the inspection conclusion to 60 days that is yet to be revoked; "

8. Add d (vii) to paragraph 1 Article 10 as follows:

"(vii) The debt must be classified in Group 4 by regulation at paragraph 11 Article 9 This message."

9. Modified, add point (v) and point (vi) paragraph 1 Article 10 is as follows:

" (v) The default debt at point c (iv) paragraph 1 This has not been recovered in the 60-day period since the date of the recall decision;

(vi) The debt must be revoked according to the inspection conclusion but too deadline to recover according to the inspection conclusion over 60 days that has yet to be recovered; "

10. Add to the point (ix) paragraph 1 Article 10 is as follows:

"(ix) The debt must be classified in Group 5 by regulation at paragraph 11 Article 9 This message."

11. Add a 3a paragraph to Article 10 as follows:

" 3a. Restructuring the debt deadline and retention of the debt group:

a) The credit organization, the foreign bank branch, is considered, restructured the debt-payment deadline and keeping the debt group as already classified before the restructuring of the debt deadline when the following conditions are met:

(i) The debt that the granting of credit does not violate the laws of law;

(ii) The restructuring of the payment deadline is consistent with the purpose of the capital loan project in the credit contract;

(iii) Customers use the right capital;

(iv) The restructuring of the payment deadline and retention of the debt group is only made when the customer does not have the right to pay the proper debt payment term and/or loan interest in the loan period or inability to pay off the original debt and/or loan interest. the right time for the loan agreement in the credit contract, which has a viable new debt of debt, in accordance with the conditions of production, business, service;

(v) When the restructuring of the debt deadline and the retention of the debt group, the credit organization, the foreign bank branch that meets the regulation of the State Bank on the limits, the safety guarantee rate in the banking operation of the credit organization, the bank branch. Foreign goods, including the maximum rate of short-term capital funds used to lend on average, long term in case of a short-term debt restructuring to be a long-term, long-term debt.

b) The credit organization, the foreign bank branch that imples the restructuring of the debt deadline and holds the default debt group at the point of this a paragraph must ensure the implementation of the following requirements:

(i) The credit organization, the foreign bank branch that has issued an internal regulation of control, oversight over the restructuring of the debt deadline and the retention of the debt group to implement unity in the whole system, has internal control mechanisms on the basis of the debt. reconfigure the debt deadline and hold the debt group to ensure audits, strict oversight, safety, prevention and prevention of the use of repayment deadlines and retention of debt groups to reflect the wrong quality of credit;

(ii) The credit organization, the foreign bank branch that has to control the content, the reason the restructuring of the debt deadline and the retention of the debt group to each debt. The State Bank requires a credit organization, a foreign bank branch, which is a content-specific report, the reason for the restructuring of the debt deadline and the retention of the debt group to each debt required;

(iii) The credit organization, the active foreign bank branch, self-determination and is responsible for the restructuring of the debt-payment deadline and the retention of the debt-based debt group at this discretion;

(iv) With a debt, the implementation of the restructuring of the debt deadline and the retention of the debt group by regulation at the point a clause is made only 01 (one) time;

(v) The credit organization, the foreign bank branch must regularly scrutinate, assess the ability to repay the debt of the customer after the debt is restructured the payment deadline and hold the debt group. The debt has been restructured the debt deadline and stays the default debt group at this level but the customer still does not pay the debt when it comes to a restructuring deadline, the credit organization, the foreign bank branch, is not kept. the debt group and the implementation of that debt into the corresponding debt group by regulation at Article 10, this Article 11;

(vi) During the period 05 (the year) the first day of each month or when required by the State Bank, the credit organization, the foreign bank branch must submit to the State Bank report (the Agency for Inspects, Banking monitoring) on the basis of the opportunity. reconfigure the debt deadline and hold the form of the default debt group at Appendix 1 attached this message. "

12. Modified, add d point 3 Article 12 as follows:

" d) Asset guarantees stipulated at point 5 This Article must be valued by the organization with the functional appraisal function in accordance with the rule of law in the following cases:

(i) The secured property is valued at 50 billion or more on the debt of the customer's debt, the foreign bank branch, and the subject limited to the prescribed credit in accordance with Article 127 of the credit organizations;

(ii) The secured assets are valued at 200 billion or more, except for those specified at the d (i) point.

The organization's secured asset valuation results in accordance with the rule of law organized by the organization of the law, the foreign bank branch used to determine the value of the guaranteed asset deduction when the amount of the particular bill extracts the bill. and has a maximum use of 12 months from the date of the organization having a price appraisal function in accordance with the provisions of the valuation text law.

The organization case has a price appraisal function that is not likely to be valued or without an organization with a functional appraisal of the valuation assets specified at d (i), d (ii) this paragraph, the credit organization, the foreign bank branch that performs. valuation by the rules of internal regulation at point 2 Article 6 This message.

The asset case warrants not fully responding to the conditions specified at the point a, b, c, d this paragraph, the deduction value of that guarantee asset must be viewed by zero. "

13. Additional Article 24a as follows:

"The amendment, the addition of 1 Article 1 Regulation of debt classification, extract and use of the backup to handle credit risk in the banking operation of the credit organization issued under Decision No. 1." 493 /2005/QD-NHNN April 22, 2005, Governor of the State Bank of the State Bank is as follows:

"1-The cooperative bank, the people's credit fund (which later calls off the credit organization) performs the debt classification, extracts and uses the backup to handle the risk in banking operations under this Regulation."

14. Modified, add Article 25 as follows:

" 1. It has been in effect since 1 June 2014, except in Clause 2, Clause 3 This.

2. The $3a Article 10 has been in effect since 20 March 2014 and expires since 1 April 2015.

3. Clause 3 Articles 8 and paragraph 1 Article 9 This message is valid since 1 January 2015.

4. Directive 05 /2005/CT-NHNN April 26, 2005 by Governor of the State Bank for the implementation of the debt classification and extract of the risk project by Decision No. 493 /2005/QD-NHNN April 22, 2005, Governor-General of the State Bank expires since 1 June 2014.

5. 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 members and General Manager of the Bank. (Director) (Director) credit organization, the foreign bank branch is responsible for the organization. "

What? 2. Effect of execution

1. This message has been in effect since 20 March 2014.

2. Repeal the following text:

-Directive No. 04 /CT-NHNN on September 17, 2013 of the Governor of the State Bank of State for the classification of debt to debt restructured debt repayment, bad debt treatment.

-Private. 12 /2013/TT-NHNN June 27, 2013, Governor of the Bank of the State of the State of the State of the State of the State amended some of the provisions of

-Decision No. 780 /QĐNNN on April 23, 2012 by the Governor of the State Bank of State for the classification of debt to debt-adjusted debt, renewed debt.

What? 3. Responsibility The organization is done.

Chief of Staff, Chief Inspector, bank supervisor, Head of State Bank units, Director of the Bank of the State Branch of the Province, Central City, Chairman of the Board, Chairman of the Board, and Chairman of the Board of Directors. (Director) credit organization, the foreign bank branch is responsible for the organization's organization.

KT. GOVERNOR.
Vice Governor.

(signed)

Deng Xiaoping.