IT ' S SMART

S Change, add a number of things I Number of hips 21 /2012/TT-NHNN

June 18, 2012 I Steelhead N Row N The country rules out loans, loans;

buy, the sale has a price of paper priced between credit organizations, the foreign bank branch.

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

The Law base. socket Credits Stain. 47 /2010/QH12 June 16, 2010;

Base of Protocol 96 /2008/NĐ-CP 26th Ah! 8 of 2008 Government rules for function, duties, powers, and competence. All the organization of the Bank of Vietnam;

On the recommendation of the Chief Credit:

Th Stain. The Governor of the State Bank of Vietnam. socket i, add a s Stain. The article of the Stain. 21 /2012/TT-NHNN June 18, 2012 regulations on lending practices, borrowing; purchasing, selling with a term of what is available. Ah! between the credit organizations, the foreign bank branch (the following call is Private 21). Oh,

What? 1. Modified, add some Articles of Information 21:

1. Modified, add Article 1 as follows:

" Article 1. Adjustment range

1. This information regulates the lending of loans, loans; purchases, sales of the price of paper priced between credit organizations, foreign bank branches.

2. Operate capital regulation between the cooperative bank with its people ' s credit funds; lending operations, borrowing between the mutual trust funds; lending activities, borrowing between foreign bank branches in Vietnam of the same bank, and the United States. Foreign bank; offshore banking; foreign bank expenditures, foreign bank branches, and lending operations guarantee the ability to pay securities transactions on the Stock Exchange between the bank of payments issued by the Commission. State securities selected with members of the Stock Exchange Center are the credit organization, the foreign bank branch that is not part of the country. the scope of this message. "

2. Modified, add Article 3 as follows:

a) Fix the 1 paragraph as follows:

" 1. Loan transactions, loans. is the transaction in which the credit organization, the foreign bank branch (the lender) imples the transaction or commitment to the credit organization, the other foreign bank branch (borrower) a sum of money to use on the purpose of determining for a certain time. With the principle of having both the origination of both the root and interest. "

b) The addition of 16, 17, 18 as follows:

" 16. Extension of the loan is the borrower of the approved loan extension a period of time beyond the specified loan deadline stipulated in the loan contract when the lender has an offer to extend the payment deadline due to the inability to pay full or a portion of the original debt and/or loan capital on time. And are given a review by the lender, the assessment is likely to be repaid within a limited period of time.

17. Default payment adjustments is the addition of the lender and the borrower agreement the change of the original debt and/or interest specified in the loan deal on the borrower ' s proposed basis and is given a review by the lender, the borrower rating is likely to repay the debt under the two-party agreement. I'm going to be

18. Overdue Debt Transfer is the addition of a total transfer loan or a portion of the original debt of the loan to the overdue debt due to the borrower not fully repaid or a portion of the original debt and/or interest on the deadline and not on the loan to renew the loan extension or adjust the return term. debt ".

3. Modified, add 2 Article 4 as follows:

"In addition to the stipulation conditions at this 1 Article, at the time of the implementation of the borrower transaction, credit organizations, foreign bank branches are not in overdue debt from 10 days or more at the credit organization, the foreign bank branch." other, except for the case that the Governor of the State Bank allows for a loan ".

4. Modified, add 3 Article 5 as follows:

" 3. Vietnamese copper transactions between credit organizations, foreign bank branches being members of the interbank e-payment system must perform payment through the interbank electronic payment system, except for the following cases:

a) The external transactions operating out of the interbank Electronic Payment System;

b) The transactions transfer the original debt and interest of the loan;

c) The transactions do not implement the cash transfer of the loan

d) The transfer of money to the implementation of the purchase transaction, the share of the bond term listed at the Stock Exchange is made in accordance with the existing regulations of the securities law. ".

5. Modified, add 2 Article 6 as follows:

" 2. All transactions that implement the transaction must be confirmed in writing (called a transaction confirmation paper) or other forms of validation are agreed upon by the two parties in accordance with the rule of law. ".

6. Modified, add 2, paragraph 3 Article 8 as follows:

" 2. It is only implemented at the headquarters of the credit organization, the foreign bank branch in Vietnam.

The headquarters of the credit organization performs approval, granting the transaction level, signing deals with the customer and authorized by text to the branch that makes a cashier's job, transfer payments, manage loans, go on loan.

3. Self-responsibility for the decision to lend (except for the case of a violation of the regulations in paragraph 2 Article 4), the borrower "

7. Modified, add Article 9 as follows:

" Go. Okay. 9. Borrowing purpose, borrowing.

The credit organization, the foreign bank branch is lent, went on to borrow each other to offset mandatory reserves of compulsory reserve, the ability to pay and business capital on the basis of capital funds and capital use, ensuring business efficiency and operating safety. for the credit organization, the foreign bank branch. "

8. Modified, add Article 10 as follows:

" Go. Okay. 10. Th Yeah. Loan deadline

The term for loan between credit organizations, the foreign bank branch of the foreign bank under 1 year, except the case of a loan credit for the financial leasing company is the subsidiary of that credit organization. "

9. Modified, add 3 Article 15 as follows:

a) Remove the top of the fourth line.

b) The fifth line-up addition is as follows:

"-Loan, Loan."

c) The addition of the 5th line top-line is as follows:

"Day of Drought".

10. Modified, add a paragraph c 1 Article 16 as follows:

"Renewal of the loan; adjusting for payment of debt; free of interest, adjustment of loan interest; overdue debt transfer".

11. Remove the point 2 Article 17.

12. Modified, add Article 22 as follows:

" 22. Purchase deadline, sale

The purchase deadline, which sells the price of paper priced between credit organizations, the minimum foreign bank branch is 1 day and the maximum is under 01 years, except where the purchase of credit-buying credit for the financial leasing company is the company. You know, the credit organization's children. "

13. Modified, add Article 28 as follows:

a) Modified, the addition of the clause 1 as follows:

" 1. It has been in effect since 1 September 2012. The credit organization, the foreign bank branch backed by the statute of limitations on Article 10 and Article 22 of this information to the clients are the financial leasing companies, the consumer financial company until the end of June 30, 2013 (credit organization, details). The foreign bank branch is lent out, buying for a limited price of paperwork with financial leasing companies, consumer finance companies with a term of 1 year or so on June 30, 2013. The following documents, the following expiration of the action force from the date of this date are effective: "

b) Modified, add paragraph 3 as follows:

" 3. The credit organization, the foreign bank branch, is not implemented for deposit activities, receiving deposits (except for payment deposits and deposit transactions, receiving a maximum term of 3 months) at the credit organization, the state bank branch. Other than that, since this date has been effective. Deposing money, receiving a maximum term of 3 months between credit organizations, foreign bank branches must follow the following regulations:

a) There must be an internal regulation of a business process, a risk management process for deposit operations, deposit (including a regulation of customer confidence assessment, the process that determines the deposit rate, the process of carrying the deposit, and the deposit). It's a safe deposit, it's the right to be safe.

b) At the time of the implementation of the deposit transaction, credit organizations, foreign bank branches were not allowed for overdue debts from 10 days or more at the credit organization, other foreign bank branches, except for the case of Governor-General of the Bank. The State of the State allows for deposit.

c) Only implemented at the headquarters of the credit organization, the foreign bank branch in Vietnam.

The head office of the credit organization performs approval, granting the deposit level, signing deals with the customer and being authorized by text to the branch that makes the deposit/payment of payment, which manages the deposit.

d) The transfer of money to make deposit transactions is limited to the Vietnamese (except for deposit-deposit transactions and deposit rates) between credit organizations, foreign bank branches being members of the interbank electronic payment system, and the United States. The line must be made through the interbank electronic payment system, except for the case that these transactions perform during the time the interbank e-payment system does not work.

Credit organizations, foreign bank branches that consider the agreement to adopt a deposit method, receive the deposit each time, by limit or in other ways ensuring effective safety transactions, correct compliance with the law. the current law ".

c) Modified paragraph 4 as follows:

" 4. Transactions made prior to this date of the Notice took effect on the basis of loan contracts, loans; purchase, sale of valuable paper and contract deposit contracts signed between the foreign bank branch credit organizations, the company said. The credit organization, the foreign bank branch, is done in accordance with the agreed agreement. For deposit transactions, receiving the deposit to the following date is valid, if the limit is reviewed then the maximum extended time is 3 months. "

What? 2. Effect of execution

1. This message has the enforcement effect since 07/01/2013

2. Chief of the Office, the Chief Credit, the Head of the relevant units of the State Bank, Director of the Provincial Bank of the Province, the Central City of Central, Chairman of the Board, Chairman of the Board of Directors and General Manager. (Director) credit organizations, foreign bank branches are responsible for this practice.