Circular 04/2013/tt-Nhnn: Operational Rules On Discounting The Transfer Tool, Or Other Papers Of The Credit Institutions, Branches Of Foreign Banks For Customers

Original Language Title: Thông tư 04/2013/TT-NHNN: Quy định về hoạt động chiết khấu công cụ chuyển nhượng, giấy tờ có giá khác của tổ chức tín dụng, chi nhánh ngân hàng nước ngoài đối với khách hàng

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THE STATE BANK OF VIETNAM
Number: 04 /2013/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 1, 2013

IT ' S SMART

Q As of the transfer tool extraction operation, The paper has a different price

of the credit organization, the bank branch. Foreign goods to customers

______________________________

Vietnam State Bank Law Base Stain. 46 /2010/QH12 16th Ah! 6 in 2010;

The Rules of Credit: Stain. 47 /2010/QH12 16th Ah! 6 in 2010;

Law Base cell Transfer tools Stain. 49 /2005/QH11 29th Ah! 11 in 2005;

Base of Decree Stain. 96 /2008/NĐ-CP August 26, 2008 by the Government Regulation, mandate, authority, and organizational structure of the State Bank of Vietnam;

On the recommendation of the Secretary of the Monetary Policy;

The Governor of the State Bank of Vietnam issued a regulatory provision of operational costs. What? t h All Tool tumors Okay. Ceding, gi All y-y Boob What? Ah! other of the credit organization, the foreign bank branch to its customers. Oh,

What? 1. The adjustment range

This information provides for the operation of the transfer tool discount operation, gi All The other cost of the credit organization, the foreign bank branch to the customer.

What? 2. Subject applies

1. Credit organization, including:

a) Commercial Bank;

b) Financial firm;

c) The company for financial leasing and the cooperative bank was approved by the State Bank in writing;

2. Foreign bank branch.

3. The transfer tool discount client, the other valuable paper as a transferable tool beneficiary is allowed to trade in Vietnam, the owner of the valuable paper issued on the territory of Vietnam (later called a customer), including:

a) Organization. to Water bees (not including credit organization, foreign bank branches) and individuals in the country;

b) The legal, foreign individual who is active, residing legally in Vietnam, has civil law capacity under the rule of the Civil Code v. v. Okay. Legal civil law of the United States, foreign individuals.

What? 3. Explain words

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

1. Extraction contract All Transfer tool, gi paper Ah! other is the text of the agreement between the credit organization, the foreign bank branch and the customer aiming to establish, change or end the rights and obligations of the parties on the discount (the following call is h). p.

2. The remaining deadline of the transfer tool, the paper has gi Ah! other It ' s a time interval. Yeah. The date of the transfer tool, the other valuable paper is held in credit, the foreign bank branch recognizes the extract. All The date to the end of the payment of all proceeds on the transfer tool, the paper has a different price.

3. Transfer tool discount deadline, gi paper with gi Ah! other is the vault Bitch. Time from the next day of the day of the credit organization, the foreign bank branch recognizes the extract. All Transfer tool, other valuable paper. What? Client date must perform a commit obligation k What? Acquisition or acquisition What? n date What? A limit of all proceeds on the transfer tool, other valuable paper, including holidays and holidays.

4. What? Ah! Extract. All Transfer tool, c Boob Other prices is the amount of money that the credit organization, the foreign bank branch that pays for the customer when performing the transfer of the transfer tool, the other valuable paper.

What? 4. The credit organization condition, the foreign bank branch is carried out in the transfer of the transfer tool discount, the paper costs kh. Ah! c

The credit organization, the foreign bank branch that is carried out in the transfer of the transfer tool, the paper costs differently when there is enough travel. Okay. Following the following:

1. The subject of the provisions of this Article 2.

2. In the established and operational license issued by the State Bank of Vietnam there is credit-level content in the form of extract. All Tool tumors Okay. Franchisor, the paper has a different price.

3. Having an internal regulation to perform the transfer tool discount operation, the other valuable paper is consistent with the regulation at this Smart, Laws of the Countries. socket The law and the law are related.

What? 5. The principle of transfer tool discounting, different price paper

The credit organization, the foreign bank branch that imples the transfer of the transfer tool, the paper has a different price. Stain. i with customers must ensure the following principles:

1. Implementing the agreement between the credit organization, the foreign bank branch with the customer, in accordance with the regulation at the Law of Credit Institutions, The Law Of Transfer Tools, This Information, the provisions of the relevant law and the trade volume. It was enacted by the International Chamber of Commerce.

2. Customers must use the discount to pay the transactions that the law does not prohibit, ensuring the financial ability to acquire the transfer tool, gi said. All any other price or a full payment of the discount, the extraction rate. All u and other legal expenses for the credit organization, the foreign bank branch, under the agreement written in the discount contract.

3. I socket Credit, the foreign bank branch must implement a discount review by the principle of responsibility of responsibility between the appraisal and rule of law. What? Set to perform the transfer tool discount operation, the paper costs kh. Ah! c.

4. Credit organization, foreign bank branch and customer agreement in the contract discounts payment of the pre-discount checkout, fee or no toll when the customer payment of a pre-discount payment.

5. When the credit organization, the foreign bank branch that performs a discount according to the purchase method of transfer tool, other bids have not yet reached the payment, then the customer must commit to the acquisition of a transfer tool, another price paper. as soon as the discount is expired.

6. When performing the transfer tool discount operation, the other valuable paper has a foreign exchange value, credit organization, foreign bank branch, and client must ensure compliance with regulations at this Smart, regulation of external management. And the law is relevant.

7. When performing a medical transfer tool discount operation What? Foreign melanoma, credit organization, foreign bank branch, and customer made in accordance with the provisions of the Law of the Countries. Fair The transfer of international treaties, the international trade volume. What? in the transferable instrument of foreign policy, the rule of law on civil relations with foreign factors, the regulation of foreign exchange and information management.

8. The credit organization, foreign bank branch review, decides the discount of the transfer tool, the other valuable paper guarantee safety, full recall, the right of discounts, interest rates and other legal expenses involved in the operation, the company said. discount.

What? 6. Sort of transfer tool, other valuable paper discounted.

1. The credit organization, the foreign bank branch of the choice of discounting the transfer tools released in Vietnam or released overseas in Vietnam, included:

a) The debt is required;

b) The vote is on the debt;

c) Check.

d) Other types of transfer tools are discounted by law.

2. The credit organization, the foreign bank branch of the choice of discounting other types of paper, includes:

a) State Bank Credit;

b) Government bonds;

c) Left vote by the Government;

d) Local Government bonds;

The votes, the votes, the deposit certificates, the bonds issued by the credit organization, the foreign bank branch, issued by the Bank of Vietnam.

e) The vote, votes, bonds issued by the other organization and is discounted by the regulation of the existing law.

What? 7. The transfer tool conditions, the other valuable paper reported. Oh. n discount

1. The transfer tool is held in credit, the foreign bank branch receives discounts when there is sufficient following conditions:

a) Legally issued in accordance with the provisions of the Vietnamese law, the laws of the country released or the international trade practice in accordance with the Vietnamese law;

b) In the legal beneficiary of the customer, there is no dispute, not used to hold, secure for other obligations;

c) On the non-record transfer tool Yeah. "No transfer", "Ban transfer", "No reply" or phrase meaning " n Freedom.

d) The payment is not yet reached;

Intact, undeterred, corrected.

2. The other valuable paper is discounted by credit organizations, the foreign bank branch that receives discounts when there is sufficient following conditions:

a) It is legal to be issued in accordance with the regulations of the law of Vietnam;

b) It is in the legal possession of the customer; there is no dispute, not used to hold, secure for other obligations;

c) Allowed to trade (buy, sell, donate, give, switch, transfer, hold, bail, and other legal transactions) according to the rule of law;

d) The payment is not yet reached;

Intact, undeterred, corrected.

What? 8. The discount coin

1. For the transfer tool, the other valuable paper paid in Vietnam, the discount coin was the Vietnamese.

2. For the transfer tool, the other valuable paper notes. to Foreign currency, credit organization, foreign bank branch, and customer do the following:

a) Extracting currency notes to She was on the transfer tool, the other valuable paper on the client who was allowed to collect and use blindness. g Foreign. to The territory of Vietnam by law of foreign affairs Stain. i or the customer uses the discount money to make the payment transaction that the law regulates. Oh. Ti Okay. The transaction must be in foreign currency.

b) The Vietnamese copper discount on customers is not allowed to collect and use foreign currency on Vietnam ' s territory under the rule of law v. Okay. the foreign exchange management or customer has a need for a discount in Vietnam.

What? 9. The currency repurchases the transfer tool, another price paper at the end of the discount in accordance with the term purchase method.

1. For the transfer tool, the other valuable paper is discounted by the Vietnamese, and the buy currency is the Vietnamese.

2. For the transfer tool, the other valuable paper is discounted by foreign currency, the acquisition currency is foreign currency or the Vietnamese currency. The acquisition of foreign currency followed by the law of the current law on foreign exchange management and the provisions of the relevant law.

What? 10. discount method

The credit organization, the foreign bank branch and the customer agreement, selects the following discounted methods:

1. Purchase of the transfer tool term, the other valuable paper is the organization of credit, the n branch. g Foreign favors buy and receive a franchisor tool. Okay. Ceding, gi All No, no, no, no. What? Limit the payment from the customer, while the customer pledged to purchase the transfer tool and the other valuable paper after a period of time defined at the discount contract.

2. Buying has the right to access the transfer tool, the other valuable paper is the credit organization, the foreign bank branch that buys and receives rules. Okay. n owns the transfer tool, another price paper has not yet reached payment from the customer; the customer must have a complete responsibility. to For the amount of discounts, discount rates, and other legal expenses are associated with the discount activity in the school h. p the credit organization, the foreign bank branch does n' t get enough s Stain. The money is paid from the person responsible for payment of the transfer tool, the release of the other valuable paper.

What? 11. Price, deadline, discount rate and related expenses.

1. Discount prices due to the credit organization, foreign bank branch and agreement customers on the basis of payment value when it comes to payment, the risk level of the transfer tool, the value of the other price paper, the interest rate. All t What? Stage, th Yeah. The remainder of the transfer tool, gi All Other medical bills and medical bills What? The other one.

2. Th Yeah. The discount is due to the credit organization, foreign bank branch and the customer agreement but does not exceed the remaining payment deadline of the transfer tool, the other price paper; the payment is not exceeded. Stain. i with gi All Y-y-y-y-y socket Credit, the other branch of the bank, the deadline. What? t h All U Pup A lot less than a year.

3. Discount rates and other legal expenses are associated with the transfer of the transfer tool discount operation, other valuable paper due to the credit organization, foreign bank branch, and the customer agreement, in accordance with the law of the existing law.

4. The rate of interest applies to the overdue discount due to credit organization, foreign bank branch and agreement with the customer in the discount contract, but does not exceed 150% of the discount interest that has applied during the discount rate of time. Yeah.

What? 12. p co-discount

The discount contract includes the following main content: Name, address of the credit organization, the foreign bank branch that performs the discount operation; the name, address of the customer; the number of people ' s personal letters/households, the customer tax code; the information. the transfer tool of the transfer tool, the other valuable paper is discounted; the discount price; the purpose of using the discount; the discount coin; th Yeah. The discount rates; discount rates and related expenses; the rights and obligations of the parties; the cases of termination of the discount contract before the deadline; processing of the h violation. p copper; other content due to the parties of the agreement is consistent with the rule of law.

What? 13. The maximum discount for a customer and the relevant person involved.

The credit organization, the foreign bank branch, considers the maximum discount for a customer and the relevant person according to the law of the present law.

What? 14. The procedure of extracting the transfer tool, other valuable paper

1. Upon receiving a customer offer on the discount of the transfer tool, another price paper, credit organization, foreign bank branch appraisal appraisal purposes the use of discounted money, customer finances and the ability to bar the price of a customer. accounting of the transfer tool, the other valuable paper to decide whether to take a discount. The credit organization, the foreign bank branch that requires customers to prove the transfer tool, the paper ' s priced. K There are enough discount conditions in this message.

2. When the credit organization, the foreign bank branch approx the discount tool discount, another price paper for the customer, the customer transfers immediately and makes the procedures on the transfer tool transfer, transfer ownership of the paperwork to the customer. there is another price for the credit organization, the foreign bank branch as prescribed by the law.

3. The discount case according to the purchase method has a deadline, when the customer completes the obligation to commit the acquisition of a transfer tool, another price paper, credit organization, foreign bank branch transfer immediately and execute the procedures on the transfer of goods. franchisor transfer tool, transfer ownership of other valuable paper to the customer as prescribed by the law.

4. Sequence, transfer tool discount procedure, What? The other price is specifically regulated in the internal regulation of the discount operation of the credit organization, the foreign bank branch.

What? 15. Client's rights and obligations

1. Client has a right:

a) The decision to select the credit organization, the foreign bank branch to offer a discount for the transfer tool, the paper has a different price.

b) Having the right to reject the requirements of the credit organization, the foreign bank branch is not right with the agreement in the discount contract and the rule of law.

c) Receiving the transfer tool, the paper has a different price Yeah. the credit organization, the foreign bank branch, according to the agreement written in the discount contract.

d) Acquired transfer tool, other valuable paper before the extraction of the extract. All U What? It's a credit card, foreign bank branch.

Other rights under the rule of law.

2. Client with obligation:

a) The correct implementation of the agreed content in the discount contract.

b) Fully providing the type of document that proves the transfer tool, other valuable papers are eligible for a prescribed discount on this menu.

c) The written commitment uses a legal discount, which demonstrates the ability to finance the acquisition of a transfer tool, another price paper according to the agreement written in the discount contract.

d) Accountable to the law on the legalization of the transfer tool, the other valuable paper is discounted at the credit organization, the foreign bank branch.

What? 16. The rights and obligations of the credit organization, ch i Foreign bank.

1. Credit organization, the foreign bank branch has the right:

a) Requiring customers to provide full of the type of transfer tool of the transfer tool, the other valuable paper is eligible for a prescribed discount on this menu.

b) Requiring clients to commit to writing using a legal discount, demonstrate the ability to finance the acquisition of a transfer tool, another price paper according to the agreement written in the discount contract.

c) Refusing to request the discount of the customer if the transfer tool, the other valuable paper is not eligible for discounts or the use of discounted money not in accordance with the rule of law or credit organization, the foreign bank branch. There is not enough capital to discount.

d) The credit organization, the foreign bank branch has the right to end the discount, recoup the discount before the discount if the customer finds the customer providing the real information, violating the h ... A discount.

The credit organization, the foreign bank branch has the right to check, monitor the use of the customer's discount according to the rule of law.

e) Other rights under the rule of law.

2. The credit organization, the foreign bank branch is obliged to:

a) The correct implementation of the agreed content in the discount contract.

b) Procedure and implementation of the transfer tool transfer, transfer of the ownership of another valuable paper to the customer under the provisions of the transfer tools Law, the existing law is relevant when the customer fulfills the amount of the discount. deduct, discount rate, and other expenses are relevant.

c) Implementing the preservation, using the transfer tool, the paper has other prices according to the rule of law.

d) Other obligations under the provisions of the law are relevant.

What? 17. Property classification has, the level of quotation, the risk reserve extraction method and the use of the backup to handle risk.

When implementing the transfer tool discount, other valuable paper, credit organization, foreign bank branch that imples the classification of assets, the rate of citation, the risk-prevention approach and the use of the backup to handle risks to the number of banks. The United States Bank of Vietnam ' s provisions for the classification of assets have, the level of quotation, the method of extracting the risk and the use of the project to handle the risk in the operation of the credit organization, the foreign bank branch.

What? 18. Accounting for accounting, statistics and business reporting of the transfer tool, other valuable paper of the credit organization, foreign bank branch, foreign bank branch, and ...

Credit organization. d In addition, the foreign bank branch does the accounting accounting, statistical reporting for the transfer of the transfer tool, other valuable paper by the existing law on accounting accounting and statistical reporting.

What? 19.

1. It has been in effect since 1 May 2013. The following text expires:

a) Discount process, reextract the value of the credit organization. d Touch with the customer with the number decision. 1325 /2004/QĐNNN October 15, 2004;

b) Number Decision 17 /2006/QD-NHNN on April 20, 2006 on the amendment, the addition of Article 10 and Article 12 discount Statements, rediscounts the credit organization ' s price of credit for the issue customer under Decision No. 1. 1325 /2004/QĐ-NHNN;

c) The discount process, rediscounting the transfer tool of the credit organization to the customer issued by Decision No. 1. 63 /2006/QD-NHNN December 29, 2006.

2. For the transfer tool discount contracts, the other valuable paper of the credit organization is available. d Besides, the foreign bank branch signed before this date of this date comes into effect enforcement, customer and credit organization, the foreign bank branch that continues to implement the contents of the signed discount contract in accordance with the law. the law is in effect at the time of the signing of that contract or the revised agreement, the addition of the discount contract in accordance with the regulations at this message.

3. Chief of the Office, the Chief of Monetary Policy Affairs and the Head of Units of the State Bank of Vietnam, Director of the State Bank of Vietnam Branch of the provinces, the Central City of Central, Chairman of the Board, Chairman of the board of members. and the Director General (Director) of credit organizations, foreign bank affiliates, other organizations and individuals who are involved in the responsibility of the implementation of the Private Bank. Hey.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress