Circular 9/2012/tt-Nhnn: Regulation Of The Use Of Means Of Payment To Disburse Loans Of Credit Institutions, Branches Of Foreign Banks For Customers

Original Language Title: Thông tư 09/2012/TT-NHNN: Quy định việc sử dụng phương tiện thanh toán để giải ngân vốn cho vay của tổ chức tín dụng, chi nhánh ngân hàng nước ngoài đối với khách hàng

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THE STATE BANK OF VIETNAM
Numbers: 09 /2012/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 10, 2012

IT ' S SMART

Regulation of the use of payment means to fund your lending capital.

Credit organization, foreign bank branch to clients.

________________________

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

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

Implementation of Decision No. 2453/QĐ-TTg on December 27, 2011 by Prime Minister of Government Appropriation Proposition of Promoting Non-cash payment in Vietnam from 2011-2015;

On the recommendation of the Secretary of the Monetary Policy;

The Governor-General of the State Bank of Vietnam issued a private practice of using the means of payment to fund the loan of the credit organization, the foreign bank branch to the customer,

What? 1. The tuning range and subject apply

1. This information regulates the use of payment vehicles to fund the credit organization 's lending capital, foreign bank branch to the customer, which contributes to the promotion of non-cash payment and oversight of the use of the customer' s borrower. It's a deal to deal with the credit contract.

2. Subject applies:

a) The credit organization, the foreign bank branch that performs a loan operation under the provisions of the State Bank of Vietnam and the provisions of the relevant law.

b) The customer loan capital at the credit organization, the foreign bank branch.

c) The organization, the individual involved in the use of payment vehicles to fund the loan.

What? 2. Explain the word

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

1. The beneficiary is the organization, the individual who has ties to the borrower in the purchase of the asset, payment of the cost of forming the property and other expenses that are in the need to borrow capital under a credit contract signed between the borrower with the credit organization. It's a foreign bank branch.

2. The loan financing is a credit organization, the foreign bank branch of the foreign bank which gives the customer a loan to pay, paying for the beneficiary of the loan, which is a loan in the credit contract signed between the customer and the organization. Credit, foreign bank branch.

What? 3. The payment vehicle is used to fund the loan.

1. The credit organization, the foreign bank branch must use the non-cash payment means to fund the loan and carry out direct payment to the beneficiary, except for cases of regulation of 2 This.

2. The credit organization, the foreign bank branch considering the decision to use the means of payment not to use cash, either by cash, or through the payment account of the loan client to fund the loan to the case:

a) The payment for the beneficiary is to organize with the amount of less than 100,000,000 copper (one hundred million copper) for a time of resolution;

b) The beneficiary of the beneficiary is that the individual has a payment account at the payment service organization with a sum of less than 100,000,000 copper (one hundred million copper) for a time of the solution;

c) The payment for the beneficiary is that the individual does not have a payment account at the payment service provider;

d) To offset the inherent capital, the financial source that the borrower used to implement the investment project, the manufacturing method, business, service or investment project, the lifecoblation of life;

to pay for the worker's salary;

e) Transfer the loan into the customer's payment account so that the payment for the purposes the law stipulated must be made through the payment account of the loan client.

What? 4. The responsibility of the credit organization, the foreign bank branch

1. The credit organization, the foreign bank branch that regulates the use of the means of payment in accordance with the regulation at this Smart, the loan capital monitoring measures to ensure that the loan financing of the loan is made in accordance with capital usage. of the project, capital loan project, and content agreed in the credit contract.

2. The credit organization, the foreign bank branch publicly informed clients of the provisions of the State Bank of Vietnam and the credit organization, the foreign bank branch, in addition to the use of payment vehicles to fund the loan. To the customer.

What? 5. Customer responsibility

A loan client at the credit organization, the foreign bank branch responsible for providing information, documents, certificates from payment under the credit organization ' s regulation, the foreign bank branch to serve for the review of the decision to use the bank. The means of payment to finance the lending of loans in accordance with the provisions of this Notice and the provisions of the relevant law; the borrower is accountable to the law on the accuracy, integrity of the information, documents, and evidence provided to the public. Credit organization, foreign bank branch.

What? 6. Organization to execute

1. This message has been in effect since 1 June 2012.

2. For credit contracts signed prior to this date ' s effective date of execution, customer loan and credit organization, the foreign bank branch continues to use the means of payment to fund the loan under the credit contract that has signed the relevant credit card. In accordance with the regulation of the law or the revised agreement, the addition of a credit contract is consistent with the regulation at this Smart.

3. Chief of the Office, the Chief of Monetary Policy Affairs and Head of Units of the State Bank of Vietnam, Director of the State Bank of Vietnam Branch of the provinces, the Central City of China; Chairman of the Board, Council Member and Council. The Director General (Director) of credit organizations, other foreign bank branches and individuals are involved in the responsibility of this private practice.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress