IT ' S SMART

Regulations on the business of receiving trust and trustees of the credit organization, 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, 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 suggestion of the Secretary of the Monetary Policy.

The Governor-General of the State Bank of Vietnam issued a business of regulation of the trustees and trusts of the credit organization, the branch of foreign banks in the field concerning banking activities under the provisions of the Law of Credit organizations,

Item 1

GENERAL REGULATION

What? 1. The adjustment range

The information regulates the business of receiving the trust and trust of the credit organization, the branch of the foreign bank in the field concerning banking activities under the provisions of the Law of Credit Organizations, including: Credit Organization, bank branch, bank of the bank. Foreign banks and other organizations are not a credit organization, foreign bank branch; credit organization, foreign bank branch, trust for credit organizations, branches, and business organizations. other foreign banks.

What? 2. Subject applies

1. The trustee is the credit organizations, the foreign bank branch established and operates under the provisions of the Law of Credit organizations, including: Commercial Bank, financial firm, financial leasing company, cooperative bank, fund, fund, and corporate finance. It ' s the people ' s credit, the microfinance organization and the foreign bank branch.

2. The trustees, including:

a) Credit organization, foreign bank branch established and operates under the provisions of the Law of Credit Organizations: Commercial banks, financial firms, cooperative banks, microfinance organizations, and foreign bank branches.

b) The other organization in the country is not a credit organization, the foreign bank branch (later known as another organization) is the legal capacity for civil law by the rule of law.

c) The overseas organization is the established and active law of foreign law, where the organization is established, has civil law competability under the provisions of the Civil Code of Civil Power of the foreign law.

What? 3. Explain words

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

1. Trust in the field in relation to banking activities is the party to the delegated party to the recipient of the mandate for a business involving banking activities under the provisions of the Law of Credit organizations and the provisions of the relevant law; the trustee must pay the trust fee to the trustee.

2. Receive trust in the field concerning banking activities. is the recipient of a business implementation of a business involving banking activities under the provisions of the Law of Credit organizations and the provisions of the relevant law; the trustees are entitled to the benefit of the trust paid by the trust party.

3. Loan trusts is the side of the trust party for the recipient of the mandate to make a loan to the client under the provisions of the Law of Credit organizations and the provisions of the relevant law; the trust party must pay a loan to the loan to the credit organization, branch of the branch. The foreign bank receives the loan.

4. Get a loan. is the party to receive the funding of the trustee's capital to make a loan to the customer by the provisions of the Law of Credit Organizations and the provisions of the relevant law; the recipient of the loan mandate is entitled to a loan to the loan.

5. The contract to receive trust and trust in the field concerning bank activity. is a written agreement between the trustee and the trustees to establish, change or end the rights and obligations of the parties on the mandate and the mandate.

6. The contract to receive trust and trust. is a written agreement between the recipient of the loan and the trust party to establish, change or end the rights and obligations of the parties on the mandate of the loan (the latter is called a loan commission contract).

7. Mandate deadline is the period calculated from the time of the commission for the start of the mandate to start a business involving banking operations until the end of the work on the contract to receive trust and trust.

8. Loan mandate deadline is the time since the recipient of the mandate to receive the trust capital until the time of payment of the mandate and interest of the loan to the trustee under the loan contract.

9. Trust fees is the amount of money that the trustee pays to the recipient of the trust to carry out the work on the contract to receive trust and trust.

10. Client is involved with the receiving of trust and trustees of the credit organization, the foreign bank branch. It ' s personal. It ' s different.

Item 2

THE REGULATION OF A BUSINESS OF RECEIVING TRUSTS AND TRUSTS IN THE FIELD RELATED TO

BANK ACTIVITY OF THE CREDIT ORGANIZATION, THE FOREIGN BANK BRANCH.

What? 4. Activity Range

1. The credit organization, the foreign bank branch that is made to receive the mandate and/or mandate one or some of the business in the field concerning banking activities under the provisions of the Law of Credit Organizations and Content in the license. is issued by the State Bank of Vietnam to the credit organization, the foreign bank branch.

2. The credit organization, the foreign bank branch that is not receiving the mandate of the individual.

What? 5. The mechanism applies

1. The recipient of the trust and trust trust of the credit organization, the foreign bank branch to the customer in accordance with the provisions at Section 3 This Information.

2. The recipient of the trust and trust of the financial leasing company to lease the financing to implement the provisions of the State Bank of Vietnam on the financial leasing operation of the financial leasing company.

3. For the assignment of trustees and trustees of the credit organization, the foreign bank branch to take out-of-regulation career in terms of 1, 2 This Article, which is to be held credit, the foreign bank branch assessment is effective for you. the credit organization of the credit organization, the foreign bank branch, and in accordance with the provisions of the relevant law, the credit organization, the foreign bank branch building the implementation process and sending the proposed text of the Bank of Vietnam. Nam considered approval. The credit organization, the foreign bank branch, is only implemented when the State Bank of Vietnam is approved by text.

What? 6. Taxation of debt, backup and risk processing

1. The trustee is responsible for handling the risk of carrying out a mandate in the field of interest in banking operations.

2. The trust party is a credit organization, the foreign bank branch that imples debt classification, extracts the reserve and the risk processing when performing a mandate in the sector in relation to banking activities under the rule of law and the guidance of the government. State Bank of Vietnam.

What? 7. Accounting for accounting, statistics and career reporting of trustees and trusts of the credit organization, foreign bank branch of the United States.

1. The credit organization, the foreign bank branch that imples the accounting accounting of trusts and trusts under the provisions of the State Bank of Vietnam on the accounting regime, statistics for credit organization, foreign bank branch.

2. Monthly, the credit organization, the foreign bank branch that implors the statistics and sends out a job report that carried out a job as a trustee, trustee of the State Bank of Vietnam under the appendix accompanied by this Information and the provisions of the relevant law. Yeah.

Section 3

THE REGULATION OF THE CREDIT AND TRUST ASSIGNMENT OF THE CREDIT ORGANIZATION,

FOREIGN BANK BRANCH

What? 8. The trustees and the trustees for the loan

1. The recipient of a loan trust is a credit organization, the foreign bank branch established and operates under the provisions of the Law of Credit organizations, including: Commercial banks, financial firms, cooperative banks, human rights funds, human rights organization, and business organizations. Microfinance and foreign bank branches.

2. Parties to the loan, including:

a) Credit organization, foreign bank branch established and operates under the provisions of the Law of Credit Organizations: Commercial banks, financial firms, cooperative banks, microfinance organizations, and foreign bank branches.

b) The other organization is the legal in the country.

c)

What? 9. Principles of Trust and Trust Trust

1. The credit organization, the foreign bank branch that is undertaken to receive the trust and/or loan trust under the provisions of the Law of Credit Organizations and Content in the license issued by the State Bank of Vietnam grant to the credit organization, branch of the Foreign bank.

2. The receiving of the trust and trust of the loan is made through the contract of the loan to the loan, in accordance with the regulation at this Notice and the provisions of the relevant law.

3. The credit organization, the foreign bank branch that receives the trust of the other organization to lend a loan to the loan debt from the source of the mandate to the total credit debt surplus.

4. The credit organization, the foreign bank branch that receives the mandate is not delegated to the third party to perform the loan.

5. The credit organization, the foreign bank branch that receives the loan mandate for loans to customers by the regulation of the State Bank of Vietnam on the loan statute of the credit organization, the foreign bank branch to the customer and its affiliates. the regulation of the law is relevant.

In the event of a credit organization, the foreign bank branch, which receives foreign currency loans, must follow the provisions of the State Bank of Vietnam on the foreign currency lending of the credit organization, the foreign bank branch of the foreign bank. As a resident, the rule of law on foreign exchange management and the provisions of the law is relevant.

In the event of a credit organization, the foreign bank branch that receives a loan to the borrower is non-resident, it must be done under the provisions of the State Bank of Vietnam on lending and revoking foreign debt of the credit organization, details. the foreign bank branch, the rule of law on foreign exchange management and other provisions of the relevant law.

In the event of a credit organization, the foreign bank branch that receives a loan from the overseas organization (including the case of a foreign bank branch receiving the mandate of the parent bank), must follow the provisions of the law on loan, foreign debt, the foreign exchange management and other provisions of the law are involved.

In the event of a credit organization, the foreign bank branch of the foreign bank receives a loan to the customer to invest directly abroad, subject to the regulation of the State Bank of Vietnam over the organization of credit, foreign bank branches. for the borrower to invest directly abroad.

6. The trustees for the trust pay trust for the credit organization, the foreign bank branch that receives the loan mandate. The mandate fee is due to the two sides of the agreement and in the loan of the loan.

What? 10. Conditions for the credit organization, the foreign bank branch that receives the mandate to perform the loan.

The credit organization, the foreign bank branch that is given the mandate to perform the loan when there is sufficient conditions as follows:

1. In the established and operational license issued by the State Bank of Vietnam, which records the activity of the loan to the loan.

2. Board of the process of receiving a loan trust in accordance with the regulation at this Smart, law on the activities of the loan and the relevant legislation.

3. Make sure the safety rates are safe in the operation of the credit organization, the foreign bank branch in accordance with the regulation of the State Bank of Vietnam.

4. Has the headquarters, network and personnel to make a loan under the loan trust contract, ensure that the loan operation is safe and effective.

What? 11. Conditions for the loan party

The trust party is commissioned for the credit organization, the foreign bank branch to lend when there is sufficient conditions:

1. For the credit organization, the foreign bank branch:

a) In the established and operational license issued by the State Bank of Vietnam, there is a record of the content of the loan to the loan.

b) The provision of the loan mandate is consistent with the regulation at this Smart, law on the activities of the loan and the relevant legislation.

c) Make sure the safety rates are safe in the operation of the credit organization, the foreign bank branch as defined by the State Bank of Vietnam.

2. For the other organization in the country:

a) A law of the law of the people according to the law of the people;

b) It is done delegated to the credit organization, the foreign bank branch to lend upon the regulation of the relevant law;

c) At the time of the mandate for lending no credit balance at credit organizations in the country, the foreign bank branch.

3. For the overseas organization:

a) The law of civil law according to the provisions of the civil law of the civil power of the foreign law;

b) Perform the regulation of the Vietnamese law on foreign exchange management and the provisions of the relevant law.

What? 12. Copper Trust and Trust Board

The commission for the loan and the loan to the loan is the Vietnamese currency, foreign currency.

What? 13.

The loan trust contract includes the agreement content of the trustee and the trust organization: Name, address of the trustee party, the recipient of the loan trust; the amount of the loan to the loan; the customer loan object; the loan capital needs; the currency. lending; the loan mandate deadline; the loan term for the customer; the loan rate; the restructuring of the payment term; the guarantee of the loan; the commission fee; the party is responsible for lending and monitoring the use of the borrower; the risk handling of the loan. on the trustee; the rights and obligations of the parties; the exemption, the loan loss; the cases of termination of the loan commission contract before the deadline; the violation of the breach. contract; other content due to the parties of the agreement is consistent with the regulation of the relevant law.

What? 14. Rights and obligations of the party loan trust

1. The recipient of the authorized loan trust:

a) To reject the requirements of the commission on the contrary to the agreements and commitments inscribed in the loan trust contract.

b) The trust party requires the information, documentation and means necessary to perform the loan under the loan trust contract.

c) To be given a loan fee.

d) In accordance with jurisdiction or pre-legislation against the trust party to the breach of a loan trust contract.

) The rights of the party lend to the customer under the law of the loan operation.

2. The recipient of a loan mandate is obliged:

a) Make a loan to the customer in accordance with the law of the law on the loan activities of the credit organization, the foreign bank branch to the customer, the contract for the loan to the loan and the provisions of the relevant law.

b) Messages for the party of the implementation of the loan under the loan of the lender, which provides information and documentation of the financial ability, customer object, solution situation, debt recovery, debt and information distribution, and other necessary documentation. with regard to lending under the loan trust contract; being responsible for the accuracy of the information and documents provided to the trust party.

c) The return of the trust capital and interest is from the lending operation to the customer to the trustee under the loan deal contract.

d) Perform the debt taxon to the loan balance by the loan trust contract to evaluate the financial situation, the customer's ability to repay debt to the credit risk management business.

) Execute the inspection, monitor the loan process, use the borrower's loan and repay the debt by the content of the agreement with the trustee in the loan contract.

e) Save the trust loan records under the rule of law in terms of credit filing.

3. Do other rights and obligations under the content of the loan trust contract in accordance with the regulation of the relevant law or when required by the state authority to have jurisdiction.

What? 15. Rights and obligations of the loan to loan

1. The lender is entitled to:

a) The decision to choose the recipient of the loan mandate to ensure the use of safe and effective trust, in accordance with the provisions of the relevant law.

b) Request for credit organization, the foreign bank branch receiving the mandate to announce the implementation of the loan under the loan trust contract; provide documentation that demonstrates the financial capabilities of the customer, the solution situation, the ability to recover debt and information, Other necessary documents are related to the borrower and the loan, the income of the creditable loan.

c) To reject the requirements of the credit organization, the foreign bank branch of the foreign bank receives the commission contrary to the agreements in the loan deal contract.

d) Recover the trust capital and loan interest to the customer from the credit organization, the foreign bank branch that receives the trust under the loan of the loan to the loan.

) Processed by jurisdiction or pre-law pretrial against the credit organization, the foreign bank branch of the foreign bank received a mandate to breach the loan contract.

2. The loan to the loan is obliged:

a) Perform the transfer of the trust capital, pay the trust fee for the trustee and the agreements at the loan commission contract.

b) is responsible for the legalization of the trust capital.

c) Implemonation of the debt classification, which extracts the bill and handles the risk to the trust loan balance under the rule of law.

d) Save the loan for lending in accordance with the rule of law.

3. Do other rights and obligations under the content of the loan to the loan, in accordance with the provisions of the relevant law or when required by the state authority to have jurisdiction.

Section 4

THE ORGANIZATION.

What? 16. Organization to execute

1. This message has the enforcement effect since May 2, 2012, replacing the No. 1 Decision. 742 /2002/QĐNNN July 17, 2002 by the Governor of the State Bank of Vietnam on the promulgation of the Mandate Regulation and receiving the credit for capital loans of the credit organization.

2. For the loan trust contracts of the credit organization, the foreign bank branch of the foreign bank signed before the date of this Smart Day comes into effect enforcement, the trustee and the credit organization, the foreign bank branch receiving the mandate to continue the implementation of the cabinet. A record in a signed loan contract is consistent with the rule of law that is valid at the time of the signing of that contract or the revised agreement, the addition of a loan trust contract in accordance with the regulation at this level.

3. Chief of the Office, the Chief of Monetary Policy 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, Chairman of the Council of the City. And the Director General (Director) of credit organizations, foreign bank branches, other organizations and individuals who are involved in this private practice.