IT ' S SMART

Regulation of bank bail

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The Civil Code base. 33 /2005/QH11 June 14, 2005;

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

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

The foreign exchange commander. 28 /2005/PL-UBTVQH11 December 13, 2005;

Base of Protocol 96 /2008/NĐ-CP August 26, 2008 by the Government of Regulation, mandate, jurisdiction and organizational structure of the State Bank of Vietnam;

On the recommendation of the Chief Credit:

The Governor of the State Bank of Vietnam issued a regulatory advisory on bank bail. .

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

Credit for the credit organization of the credit organization, the foreign bank branch of the customer.

What? 2. Subject applies

1. Credit organizations include: commercial banks, cooperative banks and financial firms.

2. Foreign Banking Branch.

3. The Central People ' s Credit Fund for the time has not yet converted to a cooperative state-based cooperative banking business for the cooperative bank.

4. organizations (including foreign credit organizations in the field of bail), individuals are involved in the bail case.

What? 3. Explain words

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

1. Bail out the bank. (the following call for bail) is a credit-level form whereby the bail-to-party commitment to the recipient of the bail will take the financial obligation on behalf of the bail when the bail is not implemented or done not fully obliged. commit to the recipient of the bail; the party is to receive the debt and refund the bail under the agreement.

2. Bail It ' s a credit organization, a foreign bank branch that ' s doing a job of bail.

3. Party secured is the organization (including credit organization, foreign bank branch), the individual being the resident and the organization is the non-resident of the credit organization, the foreign bank branch bail.

4. Bail out is the organization, the individual who is the resident or the non-resident with the right to enjoy bail due to the credit organization, the foreign bank branch released.

5. Bail out is to bail out the bank, which in which the credit organization, the foreign bank branch (party bail) pledged to the bail party to take the financial obligation to the bail party, in the case of a bail-on bail and must pay change. for the client of the counter-bail.

6. Confirm bail is to bail out the bank, which in which the credit organization, the foreign bank branch, is committed to the recipient of the guarantee of ensuring the guarantee of the bail obligation of the bail party to the bail. The recipient of the bail confirmation must carry out a bail obligation on a guarantee of confirmation of bail.

7. Bail. is the capital to bail out:

a) From 02 (two) credit organization, foreign bank branch returns to bail for the obligation of the bail party; or

b) The credit organization, the foreign bank branch, and the foreign credit organization for the obligation of the party are secured.

8. Bail contract is the text of the agreement between the bail party with the bail party and the relevant parties (if any) of the right, obligations, and other content in the implementation of the bail.

9. Commit to bail is the bail text of the bail party with the recipient of the bail in one of the following forms:

a) Secretary of State is the pledge text of the bail party with the bail recipient on the bail party that will perform the financial obligation on behalf of the secured party when the bail is not implemented or implemented without full obligations committed to the bail party;

b) Bail contract is the text of the agreement between the bail party and the bail party or between the bail party, the recipient of the bail and the relevant parties (if any) of the bail party will perform the financial obligation on behalf of the bail when the bail is not implemented. or perform incomplete obligations committed to the recipient of the bail;

c) Other forms of commitment It is not against the rules of the Vietnamese law.

10. Insurance Capital is the pledge of the bail party to the recipient of the bail party to pay the debt on behalf of the bail party in the case of the bail-free party that does not perform or does not fully implement, on the right terms of the loan payment.

11. Secure payment is the pledge of the bail party to the recipient of the bail on the obligation to make a payment obligation on behalf of the bail-held party in the case of the bail-free party that does not perform or do not fully perform its payment obligations upon arrival.

12. Bail out the bids. is the pledge of the bail party with the recipient of the bail (party to the bid) to ensure the obligation to join the party's bid. Whether the party is to be held in violation of the bids without performing or carrying out an incomplete financial obligation to the bill, the bail will be replaced.

13. Bail out the contract. is the pledge of the bail party to the recipient of the bail to ensure the right implementation, full of obligations under the bail-signed party that has signed with the recipient of the bail. Whether the party is charged with the breach of the contract is puned or must be compensated for bail without carrying out or carrying out the incomplete financial obligation, the bail party will perform instead.

14. Guaranteed quality assurance product is the pledge of the bail party to the recipient of the bail to ensure that the party is given the correct implementation of the agreement on the quality of the product under contract signed with the recipient of the bail. The party is to be held in violation of the quality of the product and must compensate for the receiving party that does not perform or do not fully implement the financial obligation, and the bail will perform instead.

15. Prepaid for pre-payment is the pledge of the bail party to the recipient of the bail to secure the obligation to repay the advance of the bail-held party under the contract that has signed with the bail party. Whether the party must be reimbursable in advance without reimbursable or fully reimbursable, the bail will perform instead.

16. Other types of bail are the kinds of laws that do not prohibit and conform to international customs due to the credit organization, the foreign bank branch issued under the offer of the bail of the bail out of the provisions of the prescribed warranty on paragraph 8, paragraph 9, paragraph 10, paragraph 11, paragraph 12, Number 13, paragraph 14 and 15.

What? 4. Regulation of foreign exchange management in bank bail

1. The release of the foreign currency guarantee, the foreign bank branch must be consistent with the scope of business, offering foreign exchange services on the domestic market and the international market of the credit organization, the branch of the foreign bank. Out.

2. The credit organization, the foreign bank branch that performs foreign currency bail for the organization, is personally resident to the obligation to bail out from a legal exchange in foreign currency.

What? 5. The cases are not covered, restricted bail and implementation of the level limit.

1. In cases of credit organization, foreign bank branches are not covered: executed by regulation at Article 126 Code of credit organizations.

2. cases of limited bail: Implementation in accordance with Article 127 The credit organizations.

3. When issuing bail, the credit organization, the foreign bank branch must comply with a regulatory limit of the credit limit at Article 128 of the credit organizations.

What? 6. Identilocate the bail balance in the regulatory implementation of the credit level limit

1. The bail balance on the bail and the relevant person is the total number of public commitments issued by regulation at paragraph 8, paragraph 9, paragraph 10, paragraph 11, paragraph 12, paragraph 14, paragraph 14, paragraph 15 and paragraph 16 Article 3 of this and the pledges. released in the form of word credit due to the credit organization, the foreign bank branch released to the bail and the relevant person.

2. When determining the bail balance to implement the regulation of the credit-level limit, the credit organization, the foreign bank branch is:

a) Remove the amount of bail in the following cases:

-The bail out of bail is the credit organization, the other foreign bank branch;

-Warranty warranty on the basis of the credit organization ' s response to the credit organization, the other foreign bank branch;

-Bail release on the basis of a backup credit letter issued by the credit organization, other foreign bank branch;

-Releasing bail confirmation by the bail party's offer is a credit organization, other foreign bank branch if the parties involved the agreement (in writing) on the side of the confirmation of the claim to the right of debt accounting and the request for the bail of reimbursable bail. the amount of money that the side of the confirmation of the bail guarantee is given to the party that is secured when the bail obligation is required.

b) The exclusion of the bail balance and the balance of commitment issued in the form of certificate of evidence from the secured property is the deposit of the Vietnamese currency, the foreign currency; the gold; the government bonds of the party are guaranteed and/or the third.

The credit organization, the foreign bank branch self-identifies the deduction rate for each type of guaranteed property by regulation at this point, on the basis of the ability to recall when handling that assurance asset, but not exceeding maximum deductible rates. for the state Bank ' s regulatory assets on the classification of property, the degree of quotation, the risk-prevention approach and the use of the reserve to handle the risk in the operation of the credit organization, the foreign bank branch.

What? 7. Use language

1. Text-related texts are established in Vietnamese.

2. In the case of the use of foreign language, the parties involved are agreed to use more foreign language in the texts related to the bail transaction. There is a difference in understanding between Vietnamese and foreign languages, and the Vietnamese text is a legal base.

What? 8. Apply the practice and choose the dispute resolution

1. The bail party, the bail party and the parties involved are agreed on the application:

a) International trade practice issued by the International Chamber of Commerce;

b) Other commercial practice is not contrary to Vietnamese law.

2. The parties may compromise the applicable law, court or foreign arbiter to resolve the dispute that arise in accordance with the statutory guarantee transaction.

Chapter II

SPECIFIC REGULATION

What? 9. The scope of the bail obligation

The bail party may commit to the partial bail or all of the following obligations of the party ' s bail, namely:

1. The obligation to repay the original debt, interest, and other expenses is associated with the loan.

2. Money payment obligations to purchase supplies, goods, machinery, equipment, and expenses that implement the project or investment, manufacturing, business, or life services.

3. The obligation to pay the taxes, fees, other financial obligations to the State House.

4. The obligation to join the bid.

5. The obligation in the contract execution, the guarantee of the quality of the product, received and reimbursable the previous advance.

6. Other legal obligations due to the parties agreed.

What? 10. Conditions for the bail bail

1. There is full of civil law, civil conduct under the rule of law.

2. The bail obligation and the delivery of the bail obligation are legal.

3. With the ability to perform properly and full of obligations committed to the stakeholders in the bail relationship.

What? 11. Security to the organization is non-resident

1. The protected cases

a) The bail credit organization for the party is to be established as the established and operating business abroad of Vietnam's business in the form of direct investment abroad in order to implement projects, the business production methodology in accordance with the company. The legal scope of the party is preserved;

b) The credit organization, foreign bank branch bail for the organization when:

-The recipient of the bail is the resident, or;

-The bail is secured by 100% of the guarantee value.

c) Other cases are only made when there is written approval by the State Bank.

2. Conditions on the bail side

a) Credit Organization, foreign bank branch must be allowed for business by the State Bank, which provides foreign exchange services on international markets and domestic markets, including foreign currency protection;

b) In the period of 6 months adjacent to the time of the consideration of the guarantee for the organization being non-resident, the credit organization, the foreign bank branch is not fined the administrative violation of foreign exchange management regulations, stipulated at Article 126, Article 127, Article 128 and Article 130 Laws of Credit organizations.

c) There is internal regulation and risk management in the conservation activity for non-resident persons;

d) There is a controlling and handling of risk in the conservation operation for non-resident persons;

There is no violation of the report on the Bank of State Bank's bail on the non-resident.

3. Conditions for the bail bail

a) Being a non-resident is considered bail at this Smart;

b) comply with the provisions at paragraph 2, paragraph 3 Article 10 This message;

c) The rights and obligations of the bail of the party are not to the unlawable Vietnamese law.

4. In addition to the regulations at 1, paragraph 2, paragraph 3 This, other content under the bail process for the non-resident must follow the regulation at this Smart.

What? 12. Profile of bail.

1. The actual situation base for the organization of the credit organization, the foreign bank branch, the specific characteristic of each customer object group, the credit organization, the foreign bank branch in addition to specific instructions on the requirements of the records, documents, and documents. And the customer needs to send it to the credit, the foreign bank branch, review, bail.

2. The offer for the bail offer includes the following primary types of documents:

a) The text of the bail proposal;

b) The document on the side is covered;

c) The documentation of the obligation to be preserved;

d) Asking documentation (if any);

What? 13. Contract Level Contract

1. To implement bail, bail, bail, and stakeholders (if any) must be agreed to sign a bail contract.

2. The principal content of the bail-level contract is as follows:

a) The laws of law apply;

b) Information on the parties in the bail relationship:

-To the bail.

-To the bail.

-To the bail.

-Other stakeholders (if any).

c) The amount, the bail currency;

d) the purpose of bail;

The form of commitment to bail;

e) The conditions of preserving the bail obligation;

g) The guarantee for the obligation of the party is guaranteed, the value of the property guarantees (if any);

the right and the obligations of the sides;

i) bail fee;

l) Terms of exemption, reduced amount of bail (if any);

l) Transfer the rights and obligations of the parties;

m) Commitment to return debt, the interest of the required debt and the return of debt (in the case of a bail obligation to perform a bail obligation);

n) Resolve disputes;

o) The number, the signing date, the effect of the contract;

p) Other content.

2. The amendment, addition or cancelation of the bail-level contract due to the parties of the agreement, decided on the basis of compliance with the compliance of the existing law on bail, on warranties transactions and other related regulations.

What? 14. Commit to bail

1. The base of the agreement of the parties at the Bail Agreement, the bail statement issued a guarantee of bail to the bail worker with the following key content:

a) The laws of law apply;

b) The number, the form of the warranty pledge;

c) Information on the parties in the bail relationship:

-To the bail.

-To the bail.

-To the bail.

-Other stakeholders (if any).

d) The date of bail, the date of the beginning has the effect of bail and/or the case of starting the force of bail;

The date of effect and/or the case of the expiration of the bail;

e) The amount of bail and currency used for payment;

g) the purpose of bail;

) The scope of the obligation to bail;

i) the right and obligations of the parties (if any);

l) Regulations on the transfer of the rights and obligations of the parties (if any);

l) The conditions of preserving the bail obligation;

m) Terms of exemption, reduced amount of bail (if any);

n) Regulation of a dispute dispute resolution (if any);

o) Other content.

2. The amendment, addition or cancellation of the security commitment content provided by the parties involved itself.

3. The credit organization, the foreign bank branch, based on the contents of the bail-level contract, the guarantee of bail at this Smart and the regulation of self-design, printing, and issuing of a guarantee of bail to carry out a career of bail. The whole system of credit organization, the foreign bank branch, by the internal regulation of the credit organization, the foreign bank branch. The design, printing, release and use of the bail commitment template must be performed, managed, and supervised regularly as a valuable paper to ensure safety in the warranty of the bail commitment.

4. For the bail commitments issued through the international communications network between banks, in addition to implementing the warranty process of warranty of bail through the international contact information network between banks, the bail party must have the process of the warranty on the issue. Supervising operations, management operations, and security, effective surveillance, effective surveillance.

What? 15. Authority to sign bail, pledge to bail

1. Contract for bail, the bail pledge of the bail party must be signed by:

a) the man who is in the law;

b) The manager of the risk of bail;

c) The judge of the bail.

2. The credit organization, the foreign bank branch that regulates the mandate to sign a bail contract, the bail commitments to the representative under the law, the manager of the risk of bail, and the appraisal of the bail for the titles. in your system by writing or issuing a document which rules the authority to sign the appropriate warranty texts in accordance with the regulation at this message and the provisions of the law.

What? 16. Make sure the obligation of the party is guaranteed

1. The credit organization, the foreign bank branch and the party are guaranteed to deal with the application of the guarantee or do not apply the guarantee.

2. The credit organization, the foreign bank branch that regulates the conditions, the principle of applying every guarantee and conditions measure, the principle to the case does not apply the guarantee in the bail-level operation, in line with the characteristic, the management requirement. For each customer and trait object, the situation of the credit organization, the foreign bank branch, on the basis of adhering to the law of conservation activities, on the guarantee transaction.

The case does not apply the guarantee by the asset (the bail of the third person and/or the trust and/or no guarantee) for the bail, the bail is required to meet the following minimum conditions:

a) full response to the conditions specified at Article 10 or paragraph 3 Article 11 This message;

b) As customers belonging to the credit organization, the foreign bank branch of the foreign bank does not have to implement the guarantee by property;

c) At the time of the granting of the bail, the party is not violated in credit-level relations, the payment at the credit organization, the foreign bank branch.

3. The bail party uses the assets of the third person to secure the bail, credit organization, foreign bank branch must specifically stipulate the conditions for the assurance assets and conditions for the third person under the principle of security guarantees. It works.

4. The establishment of a guarantee of guarantee for the whole or part of the obligation of the party is guaranteed to the bail party due to the parties of the agreement.

What? 17. bail fee

1. The bail party agreement the bail toll on bail. In the event of a guarantee of the opposition or confirmation of the bail, the level of bail issued by the parties on the basis of the bail fee is granted bail.

2. The case of a co-bail implementation, the parties agreed, to unify the level of each party bail on the basis of the agreement on the percentage of the bail participants and the level of the bail obtained by the bail.

3. The case of a credit organization, the foreign bank branch bail for a union obligation, the credit organization, the foreign bank branch agreement with each customer on the fee must be paid on the basis of each customer ' s respective union obligations. Come on

4. The case of a bail currency is foreign currency, the parties agreed to pay bail by foreign currency or the regulation of the Vietnamese dollar according to the bail rate of the bail party at the time of the toll.

5. During the bail deadline, the parties may be able to make adjustments to the fee.

What? 18. The bail deadline

1. The bail deadline is determined from the date of the bail release or when the bail is valid under the agreement of the bail party with the stakeholders until the expiration of the bail's validity is inscribed in the bail commitment. The case of a bail commitment does not specify the timing of the guarantee's expiration date, when the expiration of the guarantee is determined at the time of the obligation to guarantee the full validity as specified in Article 21 of this Information.

2. The case of expiration of the force for the preservation on the day of the day, the holidays, the day the full effect is shifted to the next day of work.

3. The extension of the bail due to the parties agreed.

What? 19. As long as the bail obligation

1. In the case of the recipient of the bail out of the obligation to the bail party, the bail and/or the relevant party must still perform the obligation committed to the bail party, unless the party has another agreement or the implementation of the obligation. Federal law.

2. In the case of one of the number of co-secured members who are exempt from carrying out their bail obligations, other members still have to perform their bail obligations under a bail pledge.

What? 20. Do the bail obligation

1. In the bail deadline, the bail party or the confirmation of the bail obligation to perform the bail obligation when the party receives a request for the request to perform a bail obligation and the documents, documents, legally attached, valid (if any) full satisfaction of the requirements. Conditions specified in the guarantee of bail or commit of bail confirmation. The slog after 05 (the year) working days from the date of the recipient of the full program to complete the proposed state of the bail obligation, the bail party, the confirmation of the guarantee of full responsibility, is on the right obligation to the recipient. The refusal to perform a bail obligation, the bail party, confirmed that the bail must be answered with the written statement stating that the reason refused.

2. As soon as carrying out the bail obligation, the bail or party confirmation of the base bail is committed to receiving the debt paid on the bail contract or commitment between the parties, documents and testimonies from proving the implementation of the bail obligation to the accounting of the debt. The loan account required the amount of the payment on behalf of the bail or the bail party or the bail party in the confirmation of the bail and sent written notice of the return to the parties involved in the bail.

3. The parties are paid instead of reimbursable duty on the day of the bail on bail, on the confirmation of the bail confirmation. The unreimbursable case of the return amount, the base on the bail-level contract or the pledge between the parties, the bail side or the side of the bail confirmation decides the mandatory loan deadline, the debt-payment term, the loan rate applicable to the payout. either the bail or the bail party or the bail party in the bail confirmation. The maximum applicable loan interest rate is not exceeding 150% of the usual loan interest rate is applicable to the corresponding long-term loan. The time to determine the loan deadline for the loan from the date of bail, the side of the confirmation guarantee returns.

4. The case of return on foreign currency, after making provisions at 1 paragraph 2 and paragraph 3 This Article, the credit organization, the foreign bank branch out of the mandatory loan debt accounting as follows:

a) Hide debit on foreign currency according to bail commitments, or

b) The accounting of the debit in Vietnam is equivalent to the foreign currency value that the credit organization, the foreign bank branch paid off on behalf of the bail party's bail rate at the time of payment on the basis of the organization's ability to balance the organization's foreign currency. Credit, foreign bank branch.

What? 21. End of bail obligation

The bail obligation of the bail party is terminated in the following circumstances:

1. The obligation of the bail is terminated.

2. The bail party has taken the obligation to bail on a bail pledge.

3. The bail is rescinated or replaced with another guarantee.

4. The effect of the bail commitment is over.

5. The recipient of the bail waive the bail obligation for the bail party.

6. The bail obligation is terminated in other cases according to the rule of law.

7. Under the agreement of the parties.

What? 22.

1. Principles, conditions, the process of organizational implementation of the guarantee made by regulation at this Smart, the regulation of the State Bank for the credit-financing of the credit organization, the foreign bank branch to the customer, and the regulation. The law is relevant.

2. The parties to the bail are made co-patron of the organization, the individual is the resident and the organization is the non-resident. The co-bail case for the organization is the non-resident, the participants must comply with the regulations at Article 11 of this.

3. The parties to the board are responsible for the union in the implementation of the bail obligation, except for another agreement. In the event of a credit organization, the foreign bank branch of the lead must perform a bail obligation on behalf of the bail, and the parties are responsible for reimbursable, the branch of the foreign bank in addition to the amount of money. According to the approval ratings, the parties have agreed.

4. When implementing a co-guarantee for the organization is the non-resident, the credit organization, the foreign bank branch that performs the report by Form No. 01 and Form No. 02 according to the bail rate and the debt-to-debt ratio in place of the organization being non-resident.

What? 23. bail for a federal obligation

Credit organization, foreign bank branch bail for a union obligation must perform on the basis of a federated contract and obligations between the parties.

What? 24. The internal regulation of the credit organization, the foreign bank branch on bail.

1. The regulatory base at this Smart and relevant law regulations, credit organization, foreign bank branch issuing an internal regulation of the internal regulation of a credit organization, the foreign bank branch to the organization, the individual is the person. You know, residence and organization are non-resident.

2. The credit organization, the foreign bank branch sent 1 (one) the internal regulation of the bail case on the Credit Case shortly after the board or when the amendment is amended, added.

What? 25.

1. Accept or reject the bail-level offer of the bail-covered party or of the counter-bail party.

2. Proposal to the confirmation of the bail confirmation of the bail confirmation on its bail for the bail party.

3. Request for the party to be secured, the party bail and the stakeholders provide the documents, the information that is relevant to the appraisal of guarantees and the secured assets (if any).

4. The bail requirement has warrantifully secured measures for the obligation to be held in credit, foreign bank branch bail (if necessary).

5. Revenue of bail, which regulates bail fees; apply, adjust interest rates, rate of penalty in accordance with the agreement.

6. The refusal to perform a bail obligation when a commitment to bail expires or the filing requires that the bail payment does not meet sufficient regulatory conditions in the bail commitment, or there is evidence that evidence from the appearance is forgery.

7. Pay debit to the bail or the bail party as soon as the bail obligation is done, the bail requirement or the bail party is reimbursable on the day the bail party has paid on behalf of the pledge.

8. Ask the other board member to return immediately on the day the amount paid on the bail-held party in the case of a member making a lead on the obligation to bail out the bail obligation.

9. Procsuring property guarantees under the agreement and regulations of the law.

10. Transfer of the franchise, its obligations to the credit organization, other foreign bank branches under the agreement of the stakeholders and the approval of the State Bank for each particular case.

11. Initiate under the rule of law when the party is on bail, the bail response breach of the obligation is committed.

12. Other rights under the agreement of the parties in accordance with the rule of law.

What? 26.

1. Accept or reject the offer to issue customer response bail.

2. Proposal to bail out bail for your client ' s obligations to the recipient of the bail party.

3. Customer requirements provide the documents, information that is relevant to the appraisal of the opposition and the guaranteed assets (if any).

4. Requied the customer with guarantees for the obligation to be held in credit, the foreign bank branch of the foreign bank bail (if necessary).

5. Cost bail under the agreement.

6. The refusal to perform an obligation bail obligation when a commitment to bail out of force or filing requires payment not to meet the specified conditions in the bail commitment or have proof of evidence from the appearance as forgery.

7. The debt debit to the party is secured as soon as the guarantee of the bail obligation to the bail party, requiring the party to be reimbursable immediately on the day the amount of the party bail has taken over the obligation to bail out the bail-on bail. Over.

8. Processing of the secured property of the party is secured under the agreement and regulations of the law.

9. Initiate under the rule of law when the party is on bail, the bail violation is committed.

10. Transfer of the franchise, its obligations to the credit organization, other foreign bank branches under the agreement of the stakeholders and the approval of the State Bank for each particular case.

11. Other rights under the agreement of the parties in accordance with the rule of law.

What? 27.

1. Accept or refuse to recommend the bail confirmation of the bail party or the customer.

2. The customer or bail requirement provides information documents that are relevant to the appraisal of the guarantee and the secured property (if any).

3. Request for a customer or bail party with guarantee measures for the obligation to be given bail confirmation (if necessary).

4. Agreement with the bail and/or customer on the obligation to confirm bail, the expense of confirmation of bail and sequence, reimbursable procedure for the obligation to confirm the bail confirmation by the confirmation of the bail confirmation on the bail recipient.

5. Pay debit to bail or bail immediately upon the implementation of a bail confirmation obligation, a bail request or bail is reimbursable on the date of the amount of money that the bail confirmation has paid in accordance with the pledge.

6. Handout the secured property of the bail party or the party is guaranteed by the agreement and the regulation of the law.

7. Initiate under the rule of law when the party is secured and the bail party is committed.

8. Transfer of the rights and obligations to the credit organization, other foreign bank branches under the agreement of the relevant parties and the approval of the State Bank in each particular case.

9. The refusal to perform a bail obligation when a commitment to bail out of force or filing requires payment not to meet the specified conditions in the bail commitment or evidence of evidence from the appearance as forgery.

10. Other rights under the agreement of the parties in accordance with the rule of law.

What? 28. The obligation of the bail party, the party bail and the confirmation of bail

1. There is a responsibility to provide full of the information, documentation associated with the authority to issue a bail commitment, perform the bail obligation of the bail party to the bail party, the recipient of the bail and the relevant parties (if any) when required.

2. Make the test, monitor the situation that approx the bail commitments of the party to be granted during the validity of the bail.

3. Full execution, in the right obligation as soon as the party receives full of records, documents, legal documents, regulations in accordance with the regulation at the guarantee of bail and commitment to confirm bail on the bail obligations of the bail party and party. confirm bail.

4. Parties to the opposition in the response bail or bail in the confirmation of the bail obligation to return immediately on the day the amount of the bail party in the bail response or bail confirmation has performed the obligation to pay the bail out of the bail.

5. Complete reimbursable assets (if any) and relevant papers for the party are guaranteed when the bar contract is granted bail.

6. Has the text responding to a customer complaint about the reason refusing to perform bail during the 10 (ten) days of work since the date of receiving a customer complaint text.

7. Do the retention of the bail file under the rule of law.

8. Other obligations under the agreement of the parties in accordance with the provisions of the law.

What? 29. Rights and obligations of the party bail

1. The bail is given the following rights:

a) rejecting the requirements of the bail party, the party bail party, the prosecution of the bail confirmation is not correct with the agreements in the bail-level contract or the guarantee of bail;

b) Request for bail, bail on the subject, on the confirmation of the guarantee of the right obligation, the responsibility to the pledge;

c) Initiate under the rule of law when the bail party, the subject of the opposition, the side of the confirmation of the breach of the obligation is committed;

d) exercise its right and obligations under the rule of law when the parties involved perform the transfer of the rights and obligations of the parties to the bail.

2. The bail party has the following obligations:

a) To provide full, accurate and honest information, documents related to the bail and responsibility of the law on the accuracy, honesty, completes of the information, documents provided;

b) Full implementation and validity of the obligations, the responsibility has committed and the regulatory agreements at the bail-level contract;

c) reimbursable on the day of the bail on behalf of the bail party, the confirmation and bail of the bail on the bail party, the confirmation and the party bail have taken the obligation under the bail contract or commitment between the parties and the expenses. to arise from the implementation of the bail obligation;

d) to be tested, controlled, supervised, the obligation to perform the bail of the bail party, bail on the subject, on the side of the bail confirmation. There is an obligation to report the active situation involved in the bail transaction for the bail party, the party bail, on the side of the bail confirmation;

Voluntarily voluntarily in coordination with the bail party, the party bail, the confirmation of the bail and the relevant parties during the processing of the secured property (if it occurs);

e) Other obligations under the agreement of the parties in accordance with the provisions of the law.

What? 30. Rights and obligations of the recipient

1. The right of the receiving party

a) Request for bail, on the confirmation that the bail is in the right obligation, the responsibility to the guarantee of bail;

b) Initiate under the rule of law when the party is on bail, the side of the confirmation of the breach of the obligation is committed;

c) The validity of the legalization, the validity of the bail commitment.

2. The obligation of the bail recipient

a) The right implementation, full of obligations in the contracts associated with the obligation of bail, ensure consistent with the guarantee of bail;

b) timely notice to the bail party, the recipient of the bail confirmation and the stakeholders of the breach, the breach of the party's violation.

Chapter III

REPORT, EXECUTE.

What? 31. Accounting booklet, report information

1. The credit organization, the foreign bank branch must carry out the accounting accounting, which monitors all the regulatory subtitle bail.

2. The credit organization, the foreign bank branch of the foreign bank, performs a regulatory implementation on the State Bank's regulatory reporting regime and by regulation.

3. The credit organization, the foreign bank branch that imples bail statements to the organization as non-resident by Form 01 after 2 (two) days of work since the release of the bail pledge, reported the debt repayment in place of the organization as a result. The non-resident of the order No. 02 after 1 (a) working day since the date of return and the accounting of the debt to the organization is the non-resident.

4. The credit organization, the foreign bank branch that continues to make a report of the debt payout in place of the organization as non-resident according to the report regime on the loan situation, revoking foreign debt under the law of foreign exchange management on foreign policy. the loan, the foreign bank ' s debt collection, the foreign bank branch if after 01 (one) month from the date of the debt repayment and the debt accounting, the organization is that the non-resident does not pay off the debt to the credit organization, the state bank branch. Out.

5. Overall, the report on the number of bail figures for the organization is the non-resident sent to the State Bank (Credit Case) by Form No. 03.

What? 32.

1. Charge of the Credit

a) The clue to the internal regulation of the internal regulation of the credit organization of the credit organization, the foreign bank branch stipulated in Article 24 of this article; tracking, the synthesis of the situation that performs the guarantee operation of credit organizations, the bank branch. the foreign goods;

b) The end of the processing of the entanging involved in the bail case;

c) The follow up, the case of the specified case at the point 2 Article 11, paragraph 10 Article 25, paragraph 10 Article 26, paragraph 8 Article 27 This information.

2. The responsibility of the Inspector Agency, bank oversight

a) presided over, in coordination with the relevant units that carry out the inspection, the inspector, the guardianship operation of the credit organizations, the foreign bank branch and the handling of the violations that arise under the jurisdiction;

b) Provides the credit for information about the situation to accept safety regulations in the operation of the credit organization, the foreign bank branch involved in banking bail, credit organizations, water banking branches, and other activities. besides being treated with a breach in the bail operation.

3. Financial Case Accountability-Accounting

The accounting direction accounting for transactions related to the conservation activities of the credit organizations, the foreign bank branch, as specified in this Information.

4. Charge of Foreign Exchange Management

Track management of capital flows associated with the organization of credit, the foreign bank branch that pays the debt on behalf of the bail is the non-resident organization and the debt refunds from these debts.

5. The responsibility of the State Bank branch of the provincial branch, the Central City

Carrying out oversight, inspection, inspection of credit organizations, foreign bank branches in the approval of this Smart by function, mission; report to the Governor of the State Bank on cases of violations and violations of the violation by jurisdiction.

Chapter IV

EXECUTION CLAUSE

What? 33. The transition clause

The pledges to hold on to the Contracting Office prior to this date has the effect of implementation followed by the signed agreements until the end of the obligation of bail. The amendment, the addition of the above commitments is made only if the content is modified, the addition is consistent with the regulation at this Smart.

What? 34.

1. This message has the enforcement effect since December 2, 2012, replacing the number decision. 26 /2006/QD-NHNN June 26, 2006 of the State Bank on the issue of the Banking Protection Regulation.

2. Chief of Staff, Chief Credit Officer, Head of State Bank-related units, Director of the Bank of the State Branch of the Province, Central City, Chairman of the Board, Chairman of the Board of Directors and General Manager of the Board of Directors. (Director) credit organizations, foreign bank branches and organizations, individuals with regard to the bail operation responsible for this information ./.