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Circular 06/2012/tt-Nhnn: Regulations On Special Loan For Credit Institutions

Original Language Title: Thông tư 06/2012/TT-NHNN: Quy định về cho vay đặc biệt đối với tổ chức tín dụng

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THE STATE BANK OF VIETNAM
Number: 06 /2012/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 16, 2012

IT ' S SMART

Special loan regulations for credit organization

____________________

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;

At the request of the Chief of the Legal Affairs.

The Governor of the State Bank of Vietnam issued a special loan on loan to the credit organization.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The information regulates the special lending of the State Bank of Vietnam (later known as the State Bank), another credit organization for credit organizations in the loss of the ability to pay, which impacts the stability of the system of institutions. Credit or credit organization is at risk of losing the ability to pay due to another serious incident.

What? 2. Subject applies

Credit organizations establish and operate under the Law of Credit organizations, organizations and individuals involved.

What? 3. The principle of special loan

1. The special loan is preferred reimbursable by all other debts of the credit organization, including the debt that has secured assets.

2. The credit organization is only used to use a special loan to pay the deposit of the deposer who is personally at the credit organization. The use of a special loan to pay the deposits of other subjects was decided by the Governor of the State Bank in each particular case.

3. Strict the credit organization uses this particular loan to pay the relevant deposit of the relevant credit organization under the provisions of the Article 28 Article 4 Law of Credit organizations.

What? 4. Authority to decide special loan

The State Bank decides a special loan to the credit organization or requires another credit organization to lend special credit to the credit organization.

What? 5. The authority to sign a special loan offer

The authority to sign documents offering special loan of the credit organization is a representative under the law of the credit organization which is regulated at Article 12 of the credit organizations.

In the case of the law enforcement representative of the suspended credit organization, the suspension of the enforcement of the rights and obligations, the signing of these texts shall be due to the representative of the credit organization under the rule of law on special control.

What? 6. Special loan review

1. The credit organization offers a special loan to send 04 sets of files directly or through the postal line to the State Bank (Monetary Policy Affair).

2. During the 1 day period of work, since the day received full notice of a special loan offer, the Monetary Policy case sent the filing to the Inspector Agency, bank oversight, the Credit Case, the State Bank branch of the provincial branch, the city where credit organization poses. The main headquarters (after this is the Bank of the State Branch of the Province, the City) to the opinion.

3. During the 2 day period of work, since the date of receiving the offer of the Monetary Policy Affair:

a) The Ombudman, oversight of the bank has an opinion on the operational situation, liquidity, and loan offer of the credit organization;

b) The provincial state bank of the provincial branch, the city has an opinion on the operational situation, liquidity and proposed loan of the credit organization (except for the specified case in this 2 Chapter II);

c) The credit has an opinion on the credit organization ' s capital loan offer.

4. On the basis of a special loan offer and the opinion of the relevant units, for a 2 day period of work, since the date of receiving the opinion of the units,

The Governor's Monetary Policy review, decided:

a) The Bank of State for a special loan to the credit organization, this case, the State Bank makes a special loan decision under the regulation at Article 7 of this Smart; or

b) Specify a different credit for a special loan to the credit organization. In this case, the State Bank has a written designation of another credit for special loan. The specified text includes the following basic content: the name of the organization that offers special loans; the name of the special loan credit; the loan level; the loan term; the loan rate; the rights and obligations of the credit organization offering loans; the rights and obligations of the organization. Credit for loan.

The credit organization is designated by the State Bank for a special loan implementation of a special loan contract with a loan offering. The special loan contract must conform to the rule of law on civil contracts, the provisions of the relevant law and are set up to 04 copies, each holding 1 copies and 02 transfers to the State Bank (Monetary Policy of 1), the Bank of China. State branch of the province, city of 01.

5. The case does not lend specifically, the State Bank has the text and states the reason.

What? 7. State Bank special loan decision

1. The governor of the State Bank issued a special loan decision. The special loan decision was established in 05 copies, the State Bank (Monetary Policy Bureau, Department of Exchange, Inspection Agency, bank oversight, the state bank of the provincial branch, the city) that holds 04 copies and the credit organization offering a loan to hold 01 copies.

2. The special loan decision includes the following principal content:

a) Special loan organization name;

b) The loan level, interest rate;

c) The term for loan, the debt deadline, the time of the resolution;

d) the rights and obligations of the credit organization;

the power and obligations of the units of the State Bank;

e) End the loan.

3. The special loan decision base and regulations at this Smart, Department of Exchange or State Bank branch of the provincial branch, the city performing the bank of the loan, tracking and revoking the loan debt.

What? 8. A loan level

The State Bank decided that a special loan to the credit organization on the basis of the credit organization's expense was lost.

What? 9. Capture and dispose of a special loan that the credit organization does not pay on the right limit.

1. When there is a source of debt, the employer pays its debt to the Bank of the State, which organizes loan credit, even the case of loans that have not yet reached the payment deadline.

2. To the deadline of payment, the credit organization is liable to reimbursate the full debt and interest in the State Bank, which organizes the loan credit.

3. The special unreimbursable loan debt will be held by the State Bank, which organizes loan credit to the overdue debt since the deadline date.

4. The credit organization does not pay its original debt and interest when it comes to the payment deadline, the State Bank or credit organization lenders recommend the State Bank to take the following measures to recover the original debt and interest:

a) Quote the deposit account of the credit organization at the State Bank to collect debt;

b) From other sources of credit organization.

5. The special loan is turned into a capital donation, which buys shares of the State Bank, the other credit organization at the credit organization made at the discretion of the Prime Minister.

What? 10. End of Special Loan

1. The credit organization fully returns the original debt and interest of the special loan.

2. At the suggestion of the Special Control Board for a loan to the credit organization in the loss of the ability to pay, threaten the stability of the system of credit organizations.

3. The special loan is converted into a capital, equity of the State Bank, another credit organization at the credit organization.

Chapter II

SPECIFIC REGULATION

Item 1

SPECIAL LENDING TO THE CREDIT ORGANIZATION IN THE LOSS OF THE ABILITY TO PAY,

THREATEN THE STABILITY OF THE SYSTEM OF CREDIT ORGANIZATIONS

What? 11. Special lending conditions

The State Bank ' s special loan credit organization, of the other credit organization must have enough of the following conditions:

1. The credit organization is in a state of disability to pay, threatening the stability of the system of credit organizations.

2. The credit organization is put on special control status.

What? 12. Special loan offer

1. Special loan offer.

2. Balance of the credit organization's accounting balance to the date of the loan offer.

3. Text of the Special Control Board recommended for a special loan credit organization.

4. Report the ability to pay; the applicable measures of the credit organization aim to ensure the ability to pay and the status of the credit organization to the date of the confirmation of the Special Control Board.

5. Table the deposit of deposits to the next 10 days from the date of the loan offer.

6. The plan to pay for the deposit.

7. The plan, the loan payment method.

8. The credit organization ' s commitment to the use of the loan is right and paying the debt on time.

What? 13. Loan interest

1. Special lending rates are decided by the State Bank in each particular case.

2. The debt interest rate is overdue by 150% of the loan interest in the special loan decision on the case of the lender State Bank, at a special loan deal for the case of another credit organization.

What? 14. The deadline for loan

1. Based on the credit organization ' s offer, the actual pay capacity situation of the credit organization, the State Bank decides the loan deadline, the payment term in each particular case, but the maximum loan term is 2 years. The date case to pay off the debt on holiday, the holiday is extended to the next day of work.

2. The State Bank may consider a special loan extension on the basis of the credit-paying reality of the credit organization, but the extension time once did not exceed the loan deadline for the first time.

3. Presentation, special loan extension procedure

When there is a need to renew the loan, for a minimum of 5 working days prior to the payday to the payoff, the credit organization must submit directly or through the postal route 1 set of records that offer a extension to the State Bank (Monetary Policy Affair), including:

a) The text of the extension (stating the reason for the extension offer);

b) The specified documents at Clause 2, 3, 4, 7 and 8 Article 12 This message updates to the date of the extension.

For a maximum period of 2 working days, since the date received full profile, the State Bank has a written decision to renew the loan to the credit organization or request a loan organization to renew the loan.

The case does not renew the loan, the State Bank has the text and states the reason.

Item 2

SPECIAL LENDING TO THE CREDIT ORGANIZATION IS AT RISK OF LOSING THE ABILITY TO PAY DUE TO SERIOUS INCIDENT.

What? 15. Loan conditions

The State Bank ' s special loan credit organization, of the other credit organization must have enough of the following conditions:

1. The credit organization is at risk of losing the ability to pay due to serious incidents.

2. The credit organization is not put into special control.

What? 16. Special loan offer

1. Special loan offer.

2. Balance of the credit organization's accounting balance to the date of the loan offer.

3. The recommended text of the Director of the Bank of State Branch of the province, the city.

4. Report the ability to pay, the applicable measures of the credit organization to ensure the ability to pay and the status of the credit organization to the date of the confirmed loan offer of the Provincial State Bank, the city.

5. Table the deposit of deposits to the next 10 days from the date of the loan offer.

6. The plan to pay for the deposit.

7. The plan, the loan payment method.

8. The credit organization ' s commitment to the use of the loan is right and paying the debt on time.

What? 17. Loan interest

1. The loan interest rate is the return interest rate which was announced by the State Bank in each period.

2. The debt interest rate is overdue by 150% of the loan interest in a special loan decision for the State Bank case for the loan credit organization or a special loan contract for the case of another credit organization for the loan organization.

What? 18. The deadline for loan

1. Based on the credit organization ' s offer, the actual pay capacity situation of the credit organization, the State Bank decides the loan deadline, the payment term in each particular case, but the maximum loan term is less than a year. Where the date is due to pay off the debt on holiday, the loan term is extended to the next day of work.

2. The State Bank may consider a special loan extension on the basis of the actual pay capacity of the credit organization, but the extension time once did not exceed the loan deadline and the total deadline for lending and renewing the undue debt. Two years.

3. Presentation, special loan extension procedure

When there is a need to renew the loan, for a minimum of 5 working days prior to the payday to the payoff, the credit organization must submit directly or through the postal route 1 set of records that offer a extension to the State Bank (Monetary Policy Affair), including:

a) The text of the extension (stating the reason for the extension offer);

b) The specified documents at Clause 2, 3, 4, 7 and 8 Article 16 This message updates to the date of the extension.

For a maximum period of 2 working days, since the date received full profile, the State Bank has a written decision to renew the loan to the credit organization or request a loan organization to renew the loan.

The case does not renew the loan, the State Bank has the text and states the reason.

Chapter III

THE RESPONSIBILITY OF THE UNITS INVOLVED

What? 19. The responsibility of the credit organization offering

1. Make commitments in the capital loan profile, use the right loan capital and pay off the loan on time.

2. The weekly or when necessary, the State Bank report on the ability to pay, the situation uses special loans and debt repayment on a special loan.

3. There are specific methods and measures to reimbursate the loan debt on time.

4. Make the requirements of the State Bank by regulation at Article 9 of this message.

What? 20. The responsibility of the loan organization

1. periodically or when necessary, report the State Bank on loan activity, the credit-paying situation of the credit organization.

2. Classification of debt and extract risk reserves for special loans under the rule of law.

3. Watch the loan use of the credit organization offering a loan offer.

What? 21. The responsibility of the units of the State Bank

1. Monetary Policy

a) As a lead, in coordination with the relevant units that offer special lending and special loan extension, the State Bank of the State of the Bank review, the decision;

b) As a result, in coordination with the relevant units of the Governor's decision to organize another credit for the special loan organization;

c) Transfer of a loan has been approved by the Governor of the State Bank to the Exchange, the State Bank of the Provincial Branch, the city or other credit organization designated by the Bank of the State for a loan to perform the loan;

d) The situation synthesis of special lending practices from the Exchange, the State Bank of the provincial branch, city and other credit organization to report the Governor;

Presided over, coordinated with related units addressing difficulties, entangled in the course of the loan, repayment of loan debt.

2. The Inspector Agency, overseeing the bank

a) Coordinated with the Monetary Policy Bureau handling special lending and special loan extension, entangled processing during the course of the loan;

b) Inspector, examination, monitoring of the use of borrowed capital;

c) Processing under the jurisdiction or the petition of the Governor to handle the cases of violation at this Smart;

d) Coordinate with the relevant units of the Governor-General for the treatment of a non-reimbursable credit organization;

Tracking, reports the Governor of the State Bank of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the United States,

3. Credit case

In coordination with the Monetary Policy Bureau's handling of the special loan offer and special loan extension, the handling of the entanging is in the process of making a loan.

4. Financial Case-Accounting

Accounting for accounting accounting in relation to special loan services.

5.

a) Make a loan of the loan; to follow, the governor, and to revoking the debt of the base debt to the Special Loan Decision;

b) A weekly period of aggregation of information, the number of special loans delivered at the Exchange of Monetary Policy to aggregate, report of the Governor;

c) In time to report the difficulties, entangrium arose in lending, revoking the loan debt, and proposed treatment.

6. State Bank branch of the provincial branch, city

a) In coordination with the relevant units of review, the handling of special loan offer and special loan extension;

b) Implementers the loan solution; tracking, the governor, and repayment of the base debt to the Special Loan Decision;

c) Testing, which oversees the use of borrowed capital and the revenues at credit organizations to recover the loan debt;

d) petit the Governor to handle the cases of infraction by jurisdiction and promptly report the difficulties, entangled in lending, revoking the loan debt and the proposed measure of treatment;

) A weekly period of aggregation of information, metrics for special loans that arise at the Bank of State Bank of the province, the city is sending the Monetary Policy to sum up, the Governor's report.

7. Special Control Board

a) Proposal, petit the Governor of the Bank of the State for special lending, to renew the special loan and end of a special loan case that loans credit organizations into a state of loss of pay, which threatens the stability of the system of institutions. Credit:

b) The examination, which oversees the use of the loan capital and the revenues of credit organizations to ensure the debt source of the State Bank of the state of the borrower to borrow credit organizations in the loss of the ability to pay, threaten the stability of the system of organizations. Credit.

Chapter IV

EXECUTION CLAUSE

What? 22. The transition clause

1. State Bank special loans, other credit organizations to credit organizations prior to this date that the enforcement effect is continued to carry out under special loan decisions or special loan contracts signed up until the end of the year, according to the report. The State Bank, another credit organization that collects all of its original debt and interest. Special loan decisions, special loan contracts are modified, supplemated if the content is modified, complemally in accordance with this Information.

2. The State Bank considers, deciding to transfer loans to the State Bank ' s credit profile for credit organizations to support the ability to pay credit to the credit organization into special loan loans in accordance with the provisions of the Bank of the State. Come on.

What? 23.

1. This message has been in effect since 1 April 2012. Number Decision Repeal 18 /1998/QD-NHNN1 September 1, 1998 of the Governor of the State Bank enacted the debt-loan Regulation from the loan fund that supports the holding and digital credit organizations. 18 /1999/QĐ-NHNN1-Tym November 11, 1999 on the amendment, the Numerical Decision plugin 18 /1998/QD-NHNN1 September 1, 1998.

2. Chief of Staff, Head of the Monetary Policy and Head of Units of the State Bank, Director of the Provincial State Bank of the Province, the city; Chairman of the Board, Chairman of the Board, General Manager

(Director) credit organizations and organizations, individuals who are involved in the responsibility of this private practice.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress