IT ' S SMART

Regulation of loan activities, borrower; purchase, sale of valuable paper-valued

among the credit organizations, the foreign bank branch.

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

The Code of Credit: 47 /2010/QH12 June 16, 2018 2010;

Base of Protocol 96 /2008/NĐ-CP August 26, 2008 by the Government Regulation, the mandate, the powers and the 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 provision of lending practices, borrowing; purchasing, selling valuable paper prices between credit organizations, foreign bank branches.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This is the provision of lending activities, borrowing; buying, selling with price-to-price paper between the credit organizations, the foreign bank branch on the currency market.

What? 2. Subject applies

1. The lender is lent, the borrower includes: credit organizations are commercial banks, financial firms, financial leasing companies, cooperative banks, human credit funds, microfinance organizations; foreign banking branches operating in Vietnam. Male according to the provisions of the Law of Organisations.

2. The subject is bought, sold for a period of price-priced paperwork: credit organizations are commercial banks, financial firms, financial leasing companies, cooperative banks; foreign bank branches operating in Vietnam under the provisions of the Law Firm. Credit organizations.

What? 3. Explain words

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

1. Loan transactions, loans. is the transaction in which a credit organization, the foreign bank branch (the lender) is assigned to the credit organization, the other foreign bank branch (borrower) a sum of money to use for a certain period of time with the principle of reimbursable both the root and interest.

2. Transaction for purchase, sale is limited is the transaction in which a credit organization, the foreign bank branch that buys and receives ownership of the bill that has no payment to the payment (buyer) from a credit organization, the other foreign bank branch (seller), while the seller pledged to buy it back. I mean, the papers are worth it after a certain amount of time.

3. Loan deadline is a period of time calculated from the next day of the day of loan to the date of the loan.

4. The purchase deadline, which has a term of paper The price interval is calculated from the next day of the purchase date to the date of purchase, including holidays, holidays, and date (later called the purchase deadline).

5. The remaining deadline for valuable paper is the amount of time since the date of the price of the purchase is purchased, sold to the date of the date to the full payment of the entire origin of that price.

6. Loan interest is the interest rate on loan, the borrower is calculated in a percentage of the year.

7. Purchasing Interest is the purchasing interest rate, which sells the price of paper that is priced to calculate the price difference between the purchase price and the acquisition price, calculated in the percentage of the year.

8. Date of loan is the day the lender must make the obligation to transfer money to the borrower.

9. Date to deadline is the day the borrower must pay the full amount of money, interest and fees (if any) of the loan to the loan. The date case is due to the date of the holiday, the date of the due date is calculated as the next day of work.

10. Date of purchase is the date where the price of the bill is sold by the seller to the purchase and the buyer completes the payment of the money purchased by the seller.

11. Acquisition date is the day when the buyer makes a return to the ownership of the purchased paper purchased for the seller and the seller completes the payment of the money purchased by the purchase price. The date of the purchase date coincs with the date of the holiday, the date of the acquisition date is counted as the next day of work.

12. Purchase Price is the amount of money that the buyer has to pay for the seller when the purchase of the purchase is priced at the date of purchase. The purchase price is due to the two sides of the agreement and is the basis for determining the acquisition price.

13. Acquisition Price is the amount of money that the buyer (seller) must pay to the buyer when the purchase is purchased on the date of the purchase.

14. Limit transaction levels is the maximum balance to be maintained in a given term (no more than 01 years) of credit organizations, the foreign bank branch with each other on the interbank market.

15. Client is a credit organization, a foreign bank branch that has a loan, a borrower; a purchase, a sale of a given price for a credit card with a credit organization, a foreign bank branch.

What? 4. Conditions engaging in loan transactions, borrower; purchase, sale with price-priced paper (call off transaction)

1. Credit organizations, foreign bank branches are carried out of the transaction when there are sufficient following conditions:

a) There is a technical infrastructure (machinery, equipment, software programs, etc.) that meet the requirements for transactions on the currency market, ensuring full, accurate transaction data updates, in time for each transaction of the credit organization, the bank branch, and the banking system. It ' s foreign to the customers;

b) There are qualified cadres, specialized capacity to carry out transactions;

c) There is an internal regulation of a business process, a risk management process for loan operations, borrower (including a regulation of customer confidence assessment, the process of determining the loan, the process of performing a loan transaction, the borrower applicable to the loan). with each form of specific transaction implementation) and purchase, sale has a price of paper priced between credit organizations, foreign bank branches in accordance with the regulation at this Smart;

The credit organization, the foreign bank branch, sends an internal regulatory text on the business process and the risk management process of its unit on the State Bank (Credit Case) immediately after the board;

d) Not by the State Bank to apply a limited measure, suspend, suspend the implementation of a loan operation, borrow; buy, sell valuable paper on the interbank market at the time of the transaction.

2. In addition to the regulatory conditions at this 1 Article, credit organizations, the foreign bank branch that imples the borrower transaction not to have overdue debt payments from 10 days or more to the interbank transactions at the time of the transaction execution. Translation.

What? 5. The form of transaction execution and payment

1. Credit organizations, foreign bank affiliates perform transactions under the forms: through the State Bank's electronic trading network or of the service offering organizations authorized by the authority to permit or pass the telephone (recorded) Or other forms.

2. The choice of applying the form of transaction execution by the parties of the agreement is consistent with the condition of each credit organization, the foreign bank branch and must guarantee the implementation of the safe, effective transaction, adhering to the provisions of the law.

3. Vietnamese copper transactions of credit organizations, foreign bank branches being members of the interbank e-payment system must perform payment through the interbank Electronic Payment System by the Priced Payment Order (Sc). It ' s high on the rules of the State Bank.

What? 6. transaction information

1. All transactions must be fully updated and fully saved on the information database of the credit organization, the foreign bank branch. Basic information data include:

-The names of the parties to the transaction;

-Day of the transaction.

-The trading content.

-The transaction value;

-The exchange rate.

-The deadline for the transaction.

-The day of payment.

-Guaranteed (if available).

2. All transactions implementation agreements must be confirmed in writing (called a transaction confirmation paper) or other forms of confirmation that are agreed by the two parties in accordance with the rule of law. The confirmation will be the legal base for the execution of the transaction.

3. The case of confirmation by writing, the transaction confirmation paper can be printed out of the electronic trading network or via fax or other forms. The certificate must have a signature signature (hand signature or electronic signature) or code (code) transaction of the transaction staff of the parties involved in the transaction.

4. The confirmation of the transaction includes the following main content:

-The names of the parties to the transaction;

-Day of the transaction.

-The trading content.

-The transaction value;

-The exchange rate.

-The deadline for the transaction.

-The guarantee form of the transaction (if any);

-The method of payment.

What? 7. Quote the risk reserve for trade deals

Credit organizations, foreign bank branches implement classification, extract and use of the contingation to handle risks to loans and buy valuable paper prices for credit organizations, other foreign bank branches under regulatory regulation, and bank accounts, the company said. of the Governor of the Bank of the State.

Chapter II

SPECIFIC REGULATION

Item 1

LOAN TRANSACTIONS, LOANS.

What? 8. Loan Principles, Loan

When carrying out the loan transaction, the borrower, the credit organizations, the foreign bank branch must ensure the following principles:

1. Meet the qualifying conditions in this Article 4.

2. Only made at the headquarters of the credit organization. For the foreign bank branch, it is only implemented at the headquarters of the foreign bank branch in Vietnam.

3. Self-responsibility for the decision to lend, to your own borrower.

4. The borrower must fully reimbursate, the deadline for the loan to the full amount of debt included: original debt, interest and fees (if available).

What? 9. Loan purposes, loans

1. The credit organization, the foreign bank branch is lent out, went on a mutual loan to offset mandatory reserves of compulsory reserve, the ability to pay and balance capital in the short term.

2. The credit organization, the foreign bank branch that must use the source of equity on the flexible, effective interbank market, which fits the business orientation of the credit organization, the foreign bank branch, which maintains the safety guarantee rates of the bank. By the Governor of the State Bank.

What? 10. The deadline for loan

The term for loan between credit organizations, the maximum foreign bank branch under 1 year.

What? 11. Loan interest

1. The loan rate is due to credit organizations, the foreign bank branch of the deal itself.

2. In the event of an unusually productive banking operation, the State Bank regulates the interest rate for credit organizations, the foreign bank branch of the foreign bank.

3. The parties of the agreement in the loan contract apply the overdue penalty rate for the amount of non-reimbursable loans and are not allowed by the loan extension. The maximum overdue penalty rate equals 150% of the loan interest is applicable to the loan in the loan contract or a maximum of 150% of the loan interest that the lender is applying to other loans that have the same term on the same-bank market. at the time of the overdue transfer of debt.

What? 12. Make sure the money is

1. The parties agreed to apply or do not apply the form of guarantee to the loan in each particular case. The application of the form of guarantee and the processing of the assets warrants the loan made by the current regulation of the law on the guarantee transaction.

2. The lender must have a specific regulation on the condition, the principle when considering allowing or not to implement a guarantee form on the loan, ensuring the implementation of a safe, effective loan operation and the correct compliance with the existing law. All right.

3. The storage for the purpose of holding a bill holds a guaranteed price for the loan due to the parties agreement with the organization of the storage, in accordance with the practice and regulation of the law.

What? 13. Loan method, loan

The parties consider, the agreement to adopt a loan method, a borrower once, by a level or in other methods, ensuring the implementation of a safe and effective transaction, the correct compliance of the applicable existing law.

What? 14. Loan, Loan

The credit organization, the foreign bank branch that makes loans, goes on loan with the Vietnamese and the free foreign currency conversion. Lending, foreign currency lending must be made on the basis of a foreign exchange operating scope permitted by the State Bank for each credit organization, the foreign bank branch.

What? 15.

1. All loans to the loan, the borrower is made to form a loan contract. The lender and the borrower may sign a loan contract for each transaction or sign a general contract applicable to all loan transactions, the borrower between the two parties under the agreement on the principle consistent with the international and non-contrary rules. Vietnamese law.

2. The loan contract can be printed out of the electronic trading network, which is set up by paper, via fax, or other means. The loan contract must be full of marks (except for the case of the electronic trading system) and the signature (hand signature or electronic signature) or code (code) the transactions of the parties perform the transaction.

3. The loan contract includes the following basic content:

-To the loan.

-The borrower.

-The day of the contract.

-The content of the contract.

-The form of contract execution;

-Loan value;

-Loan interest;

-The deadline for loan.

-The guarantee form of the loan (if any);

-The method of payment.

-The right and duty of the parties;

-Regulations regulating contract content in the execution process;

-Regulation of dispute handling, overdue punishment, security asset processing, contract deadline extension;

-Other agreements are linked to the loan of the parties.

What? 16. Rights and obligations of the lender

1. The lender has the right:

a) Request the borrower to provide the information, the necessary documentation related to the borrower when receiving a loan offer/offer of a credit rating; refusing to request a loan request if the borrower does not meet the eligible loan conditions;

b) The borrower requires a guarantee of the loan;

c) Renewal of the loan; adjusted payment of debt; adjusted loan interest; overdue debt transfer;

d) Request the lender to repay the debt before if the parties have a deal on the payment of the prior debt or the discovery of the borrower breach of the loan contract;

The property of the property guarantees that the loan is secured or filed by law in the case of a non-performing borrower, full of its obligations when it comes to paying off debt if the parties involved have no other agreement.

2. The lender is obliged to:

a) Building a specific regulation of lending activity on the interbank market in line with its particular feature and organizational model;

b) A minimum of 1 years at a time, the lender considers, reassess the customer to determine the appropriate credit rating for each customer. The credit rating must be approved by the person with the authority of the lender.

c) The right implementation of the agreements in the loan contract;

d) The correct written report on the State Bank (Credit Affair) if when it comes to paying the debt the borrower does not perform correctly, is full of obligations under the pledge.

What? 17. The rights and obligations of the borrower

1. The lender has the right:

a) Pay off the debt if the parties have a deal or when the loan is approved;

b) The loan to the loan under the rule of law if the lender violates the agreements made in the loan contract;

2. The lender is obliged:

a) Building a specific regulation of the borrower activity on the interbank market in line with its particular feature and organizational model;

b) Full return and limit of the original debt, interest, and fees (if any) according to the agreement in the loan contract;

c) Provides to be honest, accurate information, relevant documents and is responsible for providing information to the lender of liquidity, financial reporting, overdue debt conditions at credit organization, foreign bank branch, foreign bank branch, etc. other and other necessary information that is relevant to serve the customer evaluation and determining the appropriate transaction level at the request of the lender;

d) Use the loans on the right-purpose interbank market in terms of this Article 9;

It's full, right, on the deal with the loan.

Item 2

TRANSACTION PURCHASES, WHICH HAVE A VALID LICENSE TERM

What? 18. Purchase Principles, Sales

When carrying out the purchase transaction, the sale has a price term of the price, the credit organizations, the foreign bank branch must ensure the following principles:

1. Only be traded in response to the specified conditions at 1 Article 4 of this.

2. Self-responsible to the law on the decision to purchase, sell with its own price term; the practice of purchase, sale has a valid paper term with credit organization, other foreign bank branches under the agreement in accordance with the regulation at this Smart, The laws of existing law are relevant and the international law.

3. Full recall, the right amount of money (root and interest) upon the purchase of the purchase, the sale has the price of paper priced with the credit organization, the other foreign bank branch.

4. Buy valuable paper that has sold when it comes to a deal with the buyer.

5. All rights arise in relation to the price paper that is priced at the time of the purchase, the sale has the price of paper priced due to credit organizations, the foreign bank branch in addition to the written agreement, in accordance with the existing law regulation.

What? 19. What types of papers are priced

1. Commercial bank, financial firm, cooperative bank, foreign bank branch purchased, sold for a term of the following price types of papers:

a) State Bank Credit;

b) Government bonds;

c) The bond is covered by the Government;

d) Local Government bonds;

Papers are priced by credit organizations, foreign bank branches released (including credit for credit, foreign bank branches) according to the State Bank regulations;

e) The types of votes, votes, bonds issued by other organizations.

2. The financial leasing company is purchased, which has a limited sale of the type of paper priced at the point a, b paragraph 1 This Article.

What? 20. The condition of the paper cost

The types of paper whose prices are traded must have enough of the following conditions:

1. Is a valid license issued in accordance with the provisions of the Vietnamese law and permitted to transfer;

2. issued by Vietnamese copper or free foreign currency conversion;

3. Under the legal ownership of the seller;

4. The rest of the paper costs must be greater than the purchase deadline, sale.

What? 21. Buy, sell

1. For the price paper issued by the Vietnamese copper, credit organizations, foreign bank branches making trading deals, selling Vietnamese copper.

2. For the price paper issued in foreign currency, credit organizations, foreign bank branches make trading deals, sold on the foreign currency of that price. The purchase case, sold in Vietnam, the parties agreed to the applicable exchange rate on the basis of compliance by the State Bank of Vietnam on the exchange rate.

3. The credit organization, the foreign bank branch, is only implemented by foreign currency transactions that are permitted by the State Bank to each credit organization, the foreign bank branch.

What? 22. Buy time, sell

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.

What? 23. Buy interest and how to determine the purchase price, acquisition price

1. The purchase interest rate applies in purchase, which sells a price of paper priced between credit organizations, foreign bank branches implemented in accordance with the self-agreement method on the basis of compliance with the current regulations of the State Bank for interest rates.

2. Credit organizations, foreign bank branches that determine the purchase price, the purchase price for each transaction on the basis of the purchase interest, the purchase deadline, the agreed sale, the remaining deadline of the price paper and other relevant information.

The acquisition price is calculated according to the following formula:

Acquisition price = purchase price x (1 + Rate of purchase x time purchase, sale/365).

What? 24. Contract acquisition contract

1. The purchase transaction, which has a valid paper term on the interbank market must be established as a repurchase contract. The buyer and seller may sign the purchase contract once each transaction or sign a general acquisition contract applicable to all purchases, the sale has a price term of the price. The acquisition contract is set up on the basis of the agreement of the parties or on the basis of the standard acquisition contract provided by the State Bank or associations (the Association of Bonds Business, the Banking Association, etc.) enacted in accordance with international law, not contrary. with regulations in this Information and other provisions of the Vietnamese law.

2. The acquisition contract can be written in writing through the electronic trading system, the paper, via fax, or other means. The contract for the acquisition must be full of signs and signatures (the hand-signed or electronic signature) of the parties to implement the contract.

3. The acquisition contract includes the following main content:

a)

b) To the buyer;

c) The price paper is purchased, sold: form (certificate, record), serial number, denominated or value to the payment term (which is the total amount paid when the payment of the document is priced), the release organization, date to payment;

d)

Purchasing price;

e) Interest rates;

g) The deadline for purchase;

) Buy prices;

) The date of the acquisition;

l) The method of payment and transfer of valuable paper;

l) Deal disputes, breach of contract;

The right, the duty of the sides;

n) The day of the value of the contract;

o) Other relevant content.

What? 25. Buy, sell

1. When there is a need to buy, sell valuable paper, credit organizations, foreign bank branches make a purchase, sell paper priced with credit organizations, other foreign bank branches on the interbank market. The seller is accountable to the law of legalization, the validity of the valuable paper offered.

2. The buyer rechecks the information about the valuable paper.

3. The transfer of the price of paper priced between the seller and the buyer is done as follows:

3.1. The case of valuable paper is listed: executed by the regulation of the exchange where the listing is listed.

3.2. The case where the price is not listed is done according to the transaction process and the agreement of the two parties in accordance with the specified law of the specific law is as follows:

a) For the paper, the price of a certificate is not a certificate: the parties directly accept the valid papers;

b) For a paper priced as a certificate of enrollment: the seller of the transaction for the buyer simultaneously turns the ownership of the ownership to the purchase under the provisions of the relevant law and the organization's release;

c) For a written note price: the seller transfers the certificate of ownership of the license to the purchase simultaneously as the procedure for the transfer of the ownership of the available paper to the purchase by the provisions of the relevant law and the organization of the issue;

d) The case of valuable paper is being filed, the seller may authorize the hosting organization to make the transfer of the document priced and transfer the ownership of the available documents from the seller to the buyer.

4. The sale of a valid property with the right to make the correct purchase of the purchase of the paper priced at the agreement. The transfer of the money purchased from the seller and the transfer of the documents is priced and the ownership of the documents is priced from the purchase party to the specified procedure at paragraph 3.

5. The one-party case has the need to buy back or resell the purchased paper before the date of the acquisition it has the need to send the offer text to the partner to be considered processed. The recipient of the offer is reviewed and has the right to approve or do not approve the resale or acquisition of a pre-date purchase with the quantity and acquisition price due to the parties themselves.

Chapter III

THE ORGANIZATION.

What? 26. Report Mode

Credit organizations, the foreign bank branch that imples a situation report that performs loans, loans; purchases, sales of limited paper-valued paper on the State Bank ' s statistical reporting regime and by regulation in this Information.

What? 27.

1. The responsibility of the Credit:

a) Head-to-trace, aggregation of the implementation of lending practices, loans; purchasing, selling with price-priced paperwork between credit organizations, foreign bank branches; acquisition of regulatory text on the process of business processes and the risk management process of the company. Credit organization, water bank branch. Out;

b) presided over, in coordination with the Ombudgetary Authority, oversight of banks, Monetary Policy Affairs, the Forecast, monetary statistics, the banking Bureau of Technology, the Payment, Office of the Administration:

-Tracking, the survey takes the situation and adheres to the regulation at this level of credit organizations, the foreign bank branch that participated in the market.

-Monitoring aggregation implementation at the point of 2 Article 16, Article 26 of this information by credit organizations, the foreign bank branch, the Governor-General of the measure of treatment in each particular case.

-announced on the State Bank Website the information on the loan interest and the interest in buying a price between credit organizations, foreign bank branches.

-Processing of the entanging in the process of doing this.

c) The Chair, in collaboration with the unit of the Governor-General of the Executive Committee of the directed text, runs the operation of the interbank market when the currency market is invariable.

2. The responsibility of the Inspector Agency, the bank oversight:

a) Guide to the credit organization, the foreign bank branch that does the taxing of the debt, extracts the risk reserve and the safety guarantee rates in the operation of credit organizations, the foreign bank branch to loans and purchases, The sale of the price of paper is priced;

b) Practice of examination, periodic inspector, or breakthrough and head of the proposal for violation of credit organizations, foreign bank branches in the acceptance of regulations at this Smart according to the function, duties, and regulations of the law;

c) Provides to the Credit Card and information related information about the credit organization, the foreign bank branch that is applied by the State Bank to a limited measure, suspended, suspended only the implementation of a loan operation, a loan; buy, sell for a term of paper. I mean, there's a price on the interbank market as soon as it's decided.

3. The responsibility of the Financial Case-Accounting:

The accounting direction accounting for activities related to the lending of loans, loans; purchasing, selling of mutually valuable paper bonds between credit organizations, the foreign bank branch as prescribed at this Smart.

4. The responsibility of the Forecast, monetary statistics:

a) Coordinated with the Complete Credit of the Statistics report in relation to regulatory activity at this Smart;

b) presided over, in coordination with the Credit Case, the Ombudgetary Authority, the bank oversight, the Monetary Policy Affair in the construction of the supply coordination mechanism, the exchange of relevant information of the Articles on the Service of Operations, the management of the operations of the operations. This is the law.

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

a) Implementionation, inspection, inspection of credit organizations, foreign bank branches in the approval of this Information in accordance with function, mission; report of the Governor of the State Bank on cases of violations and violations of the violation by jurisdiction;

b) Track, aggregation of a loan of loans, loans and purchases, the sale has a price of paper priced between credit organizations, foreign bank branches, etc. on the site and reflect on the circumstances of unusual birth. Every month, we're reporting a report on the May 15 credit for the next month.

What? 28.

1. This message has been in effect since 1 September 2012. The following documents, the following expiration of the action force from the date of this date are valid:

a) 1310 /2001/QĐNNN October 15, 2001, Governor of the State Bank of the State of the State of the State for the Promulonation Of Capital Loans among credit organizations;

b) The regulations on purchasing activity, selling have a price-term of paper priced between credit organizations are commercial banks, financial firms, financial leasing companies, Central People's Credit Fund; foreign bank branches are regulated at the Decision. number 1325 /2004/QĐNNN October 15, 2004, Governor of the State Bank of the State of the State of the State defined the issue of the Discount Statute, rediscounting the valuable paper of the credit organization to the customer; Decision No. 17 /2006/QD-NHNN On 20 April 2006, the Governor of the State Bank of the State Bank for the amendment, Additional Article 10 and Article 12 Discount Rules, rediscount the credit organization's price of credit to the customer issued by Decision No. 1. 1325 /2004/QĐNNN October 15, 2004 by Governor of the State Bank;

c) Text text 9756 /NHNN-CSTT of the State Bank on 10 December 2009 on the interest of the interbank market; text number 7585 /NHNN-CSTT of the State Bank of 19/08/2008 on the adoption of capital loan interest rates of Vietnam between credit organizations on the interbank market;

d) Other regulations on lending practices, loans; purchasing, selling limited paper prices between credit organizations, foreign bank branches left with regulation at this Smart.

2. During the time the Central People 's Credit Fund has not converted into a cooperative bank, the implementation of the loan transactions, the borrower; the purchase, the sale has a value of paper priced at the Central People' s Credit Fund with credit organizations, branch offices. Foreign banks are implemented as defined as to the cooperative bank on this Smart.

3. The credit organization, the foreign bank branch, is not implemented for deposit activities, receiving deposits (except for payment deposits) at the credit organization, the other foreign bank branch since the date of this date.

4. The transactions made before this date of the Notice took effect on the basis of loan contracts, loans; purchasing, selling with price-priced paperwork and deposit contracts, receiving deposits (except for payment deposits) signed between credit organizations, branch offices, and bank loans. Foreign banks, credit organizations, foreign banks, do the same deal.

5. 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 are responsible for this private practice.