The DECISION to enact regulations export credit capital of the State of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MANAGEMENT BOARD of the VIETNAM DEVELOPMENT BANK pursuant to Decree No. 151/2006/ND-CP on December 20, 2006 by the Government on credit investments and export credit of State;
Pursuant to decision No. 110/2006/QD-TTg dated 19/05/2006 by the Prime Minister approving the Charter organization and operations of the Vietnam Development Bank;
Pursuant to circular No. 69/2007/TT-BTC dated 25/6/2007 of the Ministry of finance instructed a number of articles of Decree 152/2006/ND-CP on December 20, 2006 by the Government on credit investments and export credit of State;
According to the proposal of the Director General of Vietnam Development Bank;
Decision: article 1. Attached to this decision regulations export credit capital of the State.
Article 2. This decision has effect from the date of 15/9/2007.
Article 3. General Manager, head of Department, heads of control units and subordinated to the Vietnam Development Bank is responsible for the implementation of this decision.
REGULATION of CAPITAL MANAGEMENT of STATE EXPORT CREDIT (attached to decision No. 39/QD-HĐQL on August 31, 2007 the Management Board of the Development Bank of Vietnam) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ chapter I GENERAL PROVISIONS article 1. Scope this Regulation stipulates the implementation of career service export credit capital management of State applied in Vietnam Development Bank system.
Article 2. Explanation of terms In this regulation, the terms below are interpreted as follows: 1. NHPT is abbreviation of Vietnam Development Bank.
2. Affiliates are common for the transaction, NHPT branch in these areas and the provinces, the central cities.
3. Exporter's enterprises, economic organizations Vietnam exported goods produced by Vietnam.
4. foreign importers (hereafter abbreviated as importers) are foreign organizations buy goods produced by Vietnam.
5. The customer is the exporter or the importer using form export credit provided for in article 3 of this regulation.
6. The list of items of export credit loan is the list item export credit loans attached to Decree No. 151/2006/ND-CP on December 20, 2006 by the Government on credit investments and export credit of the State and the relevant guidance documents of the competent State bodies.
7. each loan is the loan agreement and the customer NHPT capital based on each specific export contracts. Each loan NHPT and customers made loan procedures as specified in this regulation.
8. Loan limits is the customer and determine NHPT and deals a lender limit to maintain in a certain period of time, with the outstanding loans does not exceed the maximum loan limit agreed in the contract of credit loan limits.
9. The term of drawing loan limit is the period of time the client is allowed to withdraw the loan within the loan limit.
10. The loan term is the period of time from when the first drawing to when paying off debt loans under the credit contract.
11. the repayment term is the period of time stipulated for each repayment period repayments.
12. The lenders before the delivery is the loan to NHPT purchase raw materials and other production factors, business to make contracts.
13. Loans upon delivery is the NHPT lending after the goods were exported and there was the document rows.
14. the business plan is a set of proposals for capital needs, how the use of capital, the corresponding results obtained during a defined period of time for production and business activities of the customers.
15. export credit guarantee commitments NHPT (guarantor) to institutions for loans made contracts (guarantee) on the repayment will change (the party is guarantor) where customers do not pay or insufficient for repayment guarantee.
16. tender guarantee export is committed by NHPT (guarantor) with tender side (guarantee), in order to guarantee the obligations of customer bids (the guarantee). The customer must pay the fine because the bidding violation which is not filed or filed incomplete fine for party invite bids then NHPT will perform instead.
17. Guarantees implementation of the export contract is committed by NHPT (guarantor) to the importer (guarantee), ensure the correct and full implementation of the obligations of the client (the guarantee) under contracts signed with guarantee. If customers violate the contract and to claim damages for the guarantee that is not made or made incomplete NHPT will perform instead.
Article 3. Export credit forms a contract to export or import, if conditions warrant as a rule, only be applied one of the following export credit forms: 1. Vietnam exporters To borrow;
2. For foreign importers of the loan;
3. export credit guarantees;
4. tender guarantee and the guarantee contract fulfillment.
Article 4. Credit plans to export 1. Every year, at the latest on 20 July before the plan, and The report NHPT planning and investment, Ministry of finance and the State Bank of Vietnam plans to export credit to General synthesis in socio-economic development plan.
2. Pursuant to the plan of the State export credit was the prime delivery years and the actual situation in the area, likely made of the branch, the Director General of the regulations and allocated NHPT plans export credit for the branch.
Article 5. Decentralized lending, guarantee General Director NHPT regulating the decentralized lending, guarantees in accordance with NHPT system practices, ensure consistency and enhance the accountability of individuals, collective about the loan guarantee decision within the hierarchy, ensure full debt recovery , on time.
Article 6. Statistical reporting, accounting and units subordinated to NHPT perform statistical reporting, accounting according to the regulations of the State and of NHPT.
Article 7. The risk and handle export credit capital risks of State 1. Customer case unforeseen risk does not pay the debt; State enterprises struggling financially should necessarily be dealt with when making the switch, the owners are considering handling the risks of government regulations and the instructions of the Ministry of finance.
2. Measures for handling export credit capital risks of the State include: adjust repayment deadline, the extension of debt, debt, debt elimination delineated (root, interest).
3. conditions, authority, records and procedures delineated in debt, debt elimination (root, interest) export credit capital of the State of implementation as defined in the regulations treat risks of NHPT.
4. The Director General specified conditions NHPT, authority, records and procedures to adjust the duration of repayment of capital debt, extend export credit of the State.
Chapter II SPECIFIC PROVISIONS section I for EXPORTERS LOAN of article 8. The object of lending customers are enterprises, economic organizations in the country had exported goods contract sits in the category of item export credit loans.
Article 9. Loan conditions clients subject to the provisions of article 8 of this regulation have the following conditions: 1. the legal competence, the capacity for civil acts in full;
2. export contract or fiduciary contract goods exports is in the list of items of export credit loans;
3. production projects Have been NHPT evaluation and approval;
4. Make sure the loan under the provisions of the regulation, the Government secured loan of NHPT and article 14 of this regulation.
Article 10. The money for the loan and the repayment of 1. Lending money is Vietnam Dong and foreign currencies freely convertible. Lending in foreign currency freely convertible made for export contracts to import raw materials demand that customers have the income to repay.
2. In principle, the loan repayment Vietnam bronze bronze Vietnam, loans in foreign currency debt service conversion free in foreign currency freely convertible.
3. in case the client bronze Vietnam loans have repayment demands in foreign currency, debt collection conduct NHPT rate purchased in the Bank's payment at the time of collecting the debt.
Article 11. Loan 1. Loan for each contract due to NHPT decided, 85% of the maximum value of the export contract value or L/C for lenders before delivery or value of valid l/c for loans after delivery.
2. The customer must mobilize other resources legal capital as equity, equity loans organizations and individuals to perform the contract, production and business approach.
3. Loan in foreign currency due to NHPT decided on the basis of imports of raw materials for the production of export customers, but not to exceed the total loan under credit contracts signed.
Article 12. Loan term 1. Loan term defined as the ability to recall which suit the characteristics of each of the contracts and the ability to pay the debt of the customer, but must not exceed 12 months.
2. where necessary, the loan term on May 12, General Director of NHPT suggest the Minister of finance to review the decision.
3. in case the prime lending decisions with the deadline on May 12, NHPT follow the decision of the Prime Minister.
Article 13. Lending rate 1. The interest rate for export loans made under the regulation of the Minister of finance.
2. in case the customer loan Vietnam bronze medium, medium loans in foreign currency freely convertible loan interest shall apply in Vietnam for the Vietnam bronze loan, apply the interest rate for loans in foreign currency for the loans in foreign currency freely convertible.
3. Interest on overdue debt by 150% interest in term loans under the credit contract on the original debt and debt interest rates slowly charged.
Article 14. Secured loan 1. The customers export credit loans secured by property pledge, mortgage or guarantee (hereafter referred to as lender had secured loan) make regulations on secured loan under secured loan and the instructions of NHPT.
2. unsecured lending NHPT money lenders in the following cases: a) loan following a decision of the Prime Minister;
b customer choice NHPT) have enough of the following conditions:-have the production and business results with interest in 2 adjacent years loan review time;
-Credit credit relations with NHPT and with organizations of credit.
-Have written commitment taken measures secured by assets at the request of NHPT customers use incorrect loan commitments under the credit contract without prior repayment term to NHPT.
c) loan after delivery: the client has the certificate from the perfect export goods under the provisions of the L/C or have the written approval of the Bank's payment service importer with regard to the case of payment by l/c. Article 15. NHPT lending modalities agreed upon with the customer on the application of the loan method below: 1. For each loan.
2. Loan limits.
Article 16. Receiving loan profile profile export credit loans include: legal records, financial records, business plans, resumes secured loan.
NHPT customer Guide and submit loan records under the provisions from article 17 to article 20 of this regulation.
Article 17. Legal profile 1. For first client in a NHPT) business registration certificate-certificate copies are copies from originals;
b) Charter business (except for private enterprise)-a copy of the client copies;
c) documents clearly define the legal representative of the client (apply in the case of the business registration certificate or the Charter without this content or have the content but the fact there was change)-a copy of the client copies;
d) appointed chief accountant or accounting charge caused by the agency or authority issued-copies certified copies of the client;
e) text of the authority approved about loans and mortgages, pledge assets in case the opinion of the authority as prescribed by law or the Charter business-main version.
2. The next loan, customers additional legal records just in case there is a change in those records.
Article 18. Financial records 1. For first client in NHPT a) financial reporting 2 years and you closest to the time of the loan under the provisions of the law. For the guests is the new unit has not had the financial statements or other types of business law does not require quarterly financial reports, customer reporting financial situation quickly to the nearest quarter.
The case of the customer's financial report has been audited, the clients send NHPT financial statements audited;
b) lists the category of credit institutions that have a credit relationship at the time of the loan proposal which has the content: outstanding short, medium-and long-term; the status of the debt.
2. The next loan, customers just supplement the quarterly financial report, the next year and lists the categories of credit institutions that have a credit relationship at the time of the loan.
Article 19. Production approach 1. With respect to each loan: a loan case) before delivery:-Paper loan proposal with business plan-a main;
-Export contract or contract-mandated export or export orders-the original or a copy certified copies of the client;
-Notice the L/C; L/C and the L/C amendments in case the loans according to the L/C-originals or copies certified copies of the main customers.
b) loan case after delivery:-Paper loan proposal with business plan-a main;
-Contract or export orders or L/C by the Bank serves importers released the loan case by L/C-originals or copies certified copies of the client;
-The document export goods included collection notices or announcements to send documents with payment requests or instructs the Bank's collection service exporters – a copy copies of the client.
2. for loan limits: loan proposal Paper pursuant with business projects and export of States expected apply-a main;
3. Except for the documents in English, for the documents by other foreign language, customers provide Vietnamese translation to NHPT.
Article 20. Profile secured loan 1. Cases of loan secured loans: secured loan made under the provisions of bylaw secured loan of NHPT.
2. The case for unsecured loans loan: a) the text of the Government regarding export credit loans at NHPT loan unsecured loan for the case by decision of the Prime Minister;
b) written commitment of customers to make the measures secured by assets at the request of NHPT in case customers use incorrect loan commitments under the credit contract without prior repayment term to NHPT for cases prescribed in point b item 2 article 14 of this regulation.
c) The perfect evidence of export goods under the provisions of the L/C or accept payment documents by the Bank serves importers password for payment by method of L/C for the following loan delivery;
3. The case for loans several times, the times of the next loan, customers just complement the profile secured loan in case of change, additional asset under NHPT.
Article 21. Loan limits 1. The object to apply the customer loan demand according to the limits meet the conditions stipulated in article 9 of this regulation and: a) the production and business activities have continued interest in 2 years;
b) have a regular export activity in the year;
c) reputation in the credit relationship with NHPT.
2. Identify a lender limit) NHPT determined loan limits for customers on the basis of capital needs to implement the business plan and the export in the period suggested customers ' loans.
NHPT Director General rules determining the loan limit consistent with regulations on maximum loan in this regulation.
b) adjust the loan limit: in the proposed loans, customers arising needs to adjust the loan limit has been determined, NHPT based on the proposal and the documents proving the need arise, the client's actual conduct evaluation and adjustment lending limit for a client.
3. The term of drawing loan limit: to be determined on the basis of option trading and manufacturing exports and demand for customer lending limit, a maximum of 12 months.
The original repayment period for each account to withdraw the loan are determined on the basis of the production cycle of the customer or time payment order under contracts signed, a maximum of 12 months.
4. capital repayment for NHPT from export earnings and other sources of legitimate income.
5. new limit lending a) before the expiration of the lending limit drawing at least 15 days, additional customer records suggest a loan pursuant to NHPT next consider new limit lending.
b the new limit lending NHPT) on the basis of considering the use of the loan limit, the actual repayment period ahead, business approach and subsequent export of customers.
Article 22. The order of evaluation procedures, decided to lend 1. NHPT based record loans combined with actual inspection work at Headquarters, manufacturing facilities, business and other information sources to conduct analysis, assess the following: a) loans objects;
b) the legality, of the loan dossier;
c) legally, the production capacity of the customer business;
d) the financial situation, customer's reputation for NHPT and credit institutions;
e) the feasibility and efficiency of alternative production;
f) secured loan assets in case the requested secured loan assets;
g) grading, ranking customers according to NHPT regulations.
2. Organize a) in loan case, the Branch organized the appraisal and loan decision or reject the loan.
b) decentralized beyond loans case, the Branch organized the appraisal, the loan proposal and send a copy of the loan records of headquarters to NHPT Director General review, to decide. Case denied loans, branch manager had sent text customers which stated the reason for the rejection of the loan.
3. The time limit for evaluation within the prescribed assessment below, NHPT must inform the client about the decision to lend or reject the loan. Cases of loan refusal must be notified in writing which stated the reason for the rejection of the loan.
a) for each loan in the hierarchy of the branch: a maximum of 5 working days from the date of receipt of full branch records.
b) with respect to the loans according to the norms in hierarchy of the branch: a maximum of 10 working days from the date of receipt of full branch records.
c) for the loan once the jurisdiction decision of Director General NHPT: within 10 working days from receipt of application from the customer, branch NHPT have written reports and proposed lending accompanied 01 copy of the records submitted loan headquarters.
Within 3 working days from receipt of application from the branch, headquarters NHPT have text answers branch regarding the approval or denial of loan.
d) for loans under the jurisdiction limit decided by the Director General NHPT: within 7 working days from receipt of application from the customer, branch NHPT have written reports and proposed lending accompanied 01 copy of the records submitted loan headquarters.
Within 7 working days from receipt of application from the branch, headquarters NHPT have text answers branch regarding the approval or denial of loan.
4. a credit contract) where lending decisions, and conduct client NHPT contracting credit and complete the full loan guarantee procedures according to regulations of the State and of NHPT.
b) credit contract was signed by Director General NHPT form issued to perform.
c) before signing the credit contract if discovered what factors affect credit safety, NHPT suspend the signing of the credit contract.
Article 23. Disbursement guidelines 1. The disbursements made on the basis of the proposal of the customer in accordance with the agreement of the credit contract is signed.
2. NHPT disbursements on account of the unit's supply of goods or services to the customer and the customer's account. Disbursements on accounts of clients in the following cases: a) loan after delivery;
b) the payment of the cost of that unit or individuals providing goods and services to customers who do not have accounts in banks;
c) labor cost payment, escrow advances open the l/c, payment of imported raw materials;
d) repayment customers were in advance stages of acquisition to the purchase of materials for the raw material to the purchase of the reserve;
e) other circumstances as stipulated by General Director NHPT.
Article 24. Disbursement records 1. Advance disbursements cases customer provides loan withdrawal statement cum escrow receiving debt. In the time of complete documentation, the client provides the proof of the purpose of use of the loans specified in point b of paragraph 2 of this Article.
2. where a payment disbursement) loan withdrawal statement cum escrow receiving debt.
b) clients provide the originals or copies certified copies of the main proof of the purpose of use specified below or loan lists the identification of loan use which specify the item, your name, address, date, provider number , the value of invoices, vouchers:-supply contract for the goods or services the customer has signed the contract for the supply of goods and services.
-The invoices and payment vouchers for people who provide goods and services.
3. The case for loans after delivery: customers provide loan withdrawal statement cum escrow receiving debt.
Article 25. The sequences, procedures to disburse 1. NHPT organization receiving, disbursement record check disbursement conditions and disbursement vouchers. Where necessary, the test organization NHPT field realities before disbursement.
2. The time limit in the maximum term of disbursement 2 working days from the date of the disbursement records full of customers, NHPT made disbursements to clients.
Cases of incomplete disbursements records, valid, within a maximum of 7 days, customer must notify NHPT know to supplement, complete.
Article 26. Check the monitor after the disbursement of 1. Holding checked NHPT organize and implement inspection, monitoring after the granting of loans through the records, documents and periodically or irregularly reality check at the scene.
2. content check a) purpose of loan use, loan money guaranteed assets:-the value of goods acquisition, production and business elements match the amount disbursed by NHPT;
-Progress made, progress payment of export contract of loan clients in NHPT;
-The case of loan limits, monthly recurring NHPT check: number, the value of raw materials purchased during the month; the situation of exports in the month, including: quantity, value, type of cargo, the progress payment orders of the importer; number, the value of raw materials inventory at the time of the test;
-Status of secured loan assets of customers.
b) periodically assess the financial and production business of the client;
c) monthly or quarterly recurring, check the documentation to prove the customer's export, ensuring goods exported object, the value of export shipments consistent with capital have lent.
3. Handle arises during the check in process inspection, if detected breach of contract customers credit, secured loan contracts signed or the business situation and the client's financial upheaval has affected credit safety, stopped disbursements NHPT and require repayment before the term clients.
4. Keep a test resumes) each test at the scene, and set thereon NHPT check.
b) monthly or quarterly after the check, the statement from the establishment NHPT prove the export customers.
c) minutes of credit checks and lists the documents prove the export stored in customer's credit profile.
Article 27. Repayment before maturity of repayment before the term customer in the following situations: 1. Voluntarily before maturity repayment than stipulated in the credit contract;
2. for each loan, the case of the importer has paid but not loans to repay the customer proposed NHPT, repayment before maturity;
3. Customer breach of contract credit, secured loan contract signed;
4. The customer provides information not truthful about the use of the loan and the business situation, financial situation of the customer;
5. The client is at risk of being dissolved, bankrupt;
6. legal representative of the customer is related to the loan and the customer's activities.
Article 28. Recovery of loan of 1. NHPT regularly monitor the implementation of the credit contract.
2. Before the time of collecting the debt for at least 7 days, inform customers about NHPT repayment of principal and interest.
3. To the repayment term, if the customer does not pay the debt loans that have not been renewed debt, overdue debt transfer NHPT.
After the deadline of 10 working days from the date of the repayment due, the customer does not repay the loan debt of that term debt principal and interest are slow to pay past due interest incurred according to the regulations. The calculation and interest overdue notification made under the provisions of NHPT.
4. in case of overdue debt incurred, when the client has paid the debt, the debt collector execution NHPT in the following order: past due interest rate debt, debt, debt interest on past due to the original term, the original debt to date. Case special difficulty regarding the source of repayment, the Director General, review NHPT decision on debt collection order.
5. consecutive cases in 60 days customers don't make or made incomplete repayment obligations under the credit contract, after having applied the measures take currency, NHPT reviewed the handling of property secured loan to debt collection.
Order processing procedure, asset follow the provisions in the statutes of NHPT secured loan.
Outstanding balance of principal and interest remaining after processing the secured property to recover the debt, clients continue to be obliged to repay to NHPT.
Section II for IMPORTERS BORROW Things 29. The object of loan customer (importer) purchasing goods by Vietnam produced is in the category of goods export credit loans.
Article 30. Customer lending in the conditions for the provisions of article 29 of this regulation have the following conditions: 1. the legal competence, the capacity for civil acts in full;
2. Has signed a contract to import goods belonging to the category of goods export credit loans to business, Vietnam economic organizations;
3. Have a business approach and ability to repay, NHPT evaluation and approval;
4. The customer is the Government or the Central Bank of the country party to guarantee the loan clients.
Article 31. The money for the loan and the repayment of 1. Lending money is Vietnam Dong and foreign currencies freely convertible. Lending in foreign currency freely convertible made for contracts which exporters Vietnam needs imported raw materials.
2. In principle, the loan repayment Vietnam bronze bronze Vietnam, loans in foreign currency debt service conversion free in foreign currency freely convertible.
3. in case the client bronze Vietnam loans have repayment demands in foreign currency, debt collection conduct NHPT rate purchased in the Bank's payment at the time of collecting the debt.
Article 32. Loan 1. Loan for each contract due to NHPT decided, 85% of the maximum value of the export contract value or L/C for lenders before delivery or value of valid l/c for loans after delivery.
2. the remaining stake of the contract, the customer must mobilize other resources legal capital as equity, equity loans, individual organizations under the provisions of the law.
Article 33. Loan term 1. Loan term defined as the ability to recall which suit the characteristics of each contract imports and repayment ability of clients, but not to exceed 12 months.
2. where necessary, the loan term on May 12, General Director of NHPT suggest the Minister of finance to review the decision.
3. in case the prime lending decisions with the deadline on May 12, NHPT follow the decision of the Prime Minister.
Article 34. Lending rate 1. The interest rate for loans made under the regulation of the Minister of finance.
2. in case the client has just loans by Vietnam Dong, just borrowing in foreign currency freely convertible loan interest shall apply in Vietnam for the Vietnam bronze loan, apply the interest rate for loans in foreign currency for the loans in foreign currency freely convertible.
3. Interest on overdue debt by 150% interest in term loans under the credit contract on the original debt and debt interest rates slowly charged.
Article 35. Loan profile 1. Customers wishing to send loans NHPT the profile, the following documents: a a copy of) the legal records and financial records are valid under the rules of the country and have a value equivalent to the records specified in article 17 and Article 18 of this regulation.
b) business plan
-Paper loan proposal attached business plan (original).
-Import contract signed with Vietnam exporter (customer copy);
-A copy of the document from the loan case export goods after delivery;
c) profile secured loan: letter of guarantee from the Government or the Central Bank of the country import (copy).
2. NHPT can ask the Vietnamese translation of the certified agency Vietnam for the documents referred to in points a, b, c paragraph 1 of this article.
Article 36. The order of evaluation procedures, decided to lend 1. NHPT Director General implementation evaluation and decision to lend or reject loans in accordance with the current rules.
2. The case is approved, lenders NHPT customer must provide letter of guarantee by the Government or by the Central Bank of the country;
3. NHPT and contracting clients of credit in accordance with the law and international practices of both countries.
Article 37. Loan disbursement 1. Disbursement forms a direct payment to NHPT) who deliver the goods to the customer on the basis of the contract between export credit loans NHPT and customers;
b) NHPT mandated for financial institutions, credit, legal activities in and outside the country disbursed to customers.
2. The Director General specified NHPT on record, sequence according to disbursement procedures agreed upon in the contract signed between NHPT credit and customers.
Article 38. Test mode, control 1. The customer is the check, control of NHPT on the implementation of the signed credit contracts.
2. The Director General specified NHPT checking, control the following disbursements for each specific case.
Article 39. Recovery of debt loans ceo NHPT specifies the direct loan debt recovery NHPT or mandated for financial institutions, credit operations in foreign and domestic debt collection of customer loans, credit security.
Section III EXPORT CREDIT GUARANTEES to article 40. The object of guarantee export credit customers are enterprises, economic organizations in the country had exported goods contract sits in the category of goods export credit loans but not export credit loans of the State.
Article 41. Guarantee conditions 1. Subject of guarantee according to the provisions of article 40 of this regulation and the need to guarantee loans to other credit institutions;
2. Have the capacity, the capacity for civil acts in full;
3. Has signed a contract to export;
4. Have produced viable business be NHPT appraisal and approval guarantee.
5. suggested text guarantees of credit institutions for loans.
6. Implementation of the provisions on secured loan in secured loan regulation of NHPT.
Article 42. The currency of guarantee, the guarantee fee 1. Vietnam is the guarantee money.
2. The client is the guarantee the guarantee fee equal to 1% per year on credit balance is guaranteed.
3. the term of the guarantee fees and charging method, form processing for the guarantee fee payment delay due to NHPT regulations.
43 things. Extent of the guarantee the guarantee Level according to the level of export loans, but must not exceed 85% of the export contract value or the value of L/C. Article 44. The guarantee period the guarantee time limit match the term loans under a credit contract signed between customers with credit institutions but must not exceed 12 months.
Article 45. Records suggest NHPT guarantee customer instructions need set bail and sent proposed guarantee, include: 1. the legal records, financial records under the provisions of article 17 and article 18 of this regulation and business projects of customers with contracts.
2. the guarantee proposal Paper-a.
3. The text of the proposed capital lending organisation – the originals.
4. ensure records for guarantee provisions in the regulations on secured loan of NHPT.
Article 46. The order of evaluation procedure, the decision of guarantee 1. NHPT based record suggest the guarantee associated with testing, working practice at the headquarters, manufacturing facilities, business and other information sources to conduct analysis, assess the following: a) the object of the guarantee;
b) the legality, of the suggested profile guarantee;
c) legally, the production capacity of the customer business;
d) the financial situation, customer's reputation for NHPT and credit institutions;
e) the feasibility and efficiency of alternative production;
f) secured property for guaranty;
g) grading, ranking customers according to NHPT regulations.
2. Organize a) guarantee clause in the case hierarchy, organization branch evaluation and the decision to approve or reject bail.
b) guarantee clause cases beyond decentralized the Organization branch, evaluation, propose the approval and send a copy of the records suggested bail of headquarters to NHPT Director General review, to decide. Case denied bail, the Director of the branch to have the customer send text which stated the reason for denying bail.
3. The time limit for evaluation within the prescribed assessment below, NHPT must answer the customer regarding the approval or denial of bail. Case denied bail must be notified in writing which stated the reason for denying bail.
a) with regard to the guarantee account in the hierarchy of the branch: a maximum of 5 working days from the date of receipt of full branch records from the customer.
b) for payment of the guarantee under the authority the decision of the Director General: 3 working days from the date the headquarters receives full profile from the branch.
4. The contract of guarantee approved case of guarantee, signed by client and NHPT guarantee and fully completed the procedure to secure the guarantee.
5. Release the letters guarantee a) after signing the contract of guarantee and complete the procedure guarantee for guarantee, letter of guarantee issued to NHPT credit institutions for loans.
b letter of guarantee) could be modified, supplemented or cancelled if the parties concerned have agreed otherwise in writing.
Article 47. Fulfill the obligation of guarantee 1. NHPT service guarantee for guarantee when the following conditions: a) guarantee in writing suggested NHPT service guarantee by the guarantee letter signed when the repayment obligations of the customer was to limit;
b) Has documents that customers do not make or carry no obligations guarantee pledged with guarantee the guarantee letter case mentioned the document as one of the conditions of service guarantee.
2. Order a) upon receipt of the written request service guarantee attached to the documents that the client does not make or carry no obligations guarantee pledged with guarantee, inspect NHPT, collate your materials sent to with the terms and conditions stated in the letter of guarantee.
b) If in accordance with the terms and conditions stated in the letter of guarantee, NHPT service guarantee. If no match, text NHPT refused to fulfill the obligation of guarantee which stated the reason for rejection.
Article 48. Receive compulsory debt collection and debt 1. Immediately after the service guarantee, NHPT inform customers about the repayment instead of at the same time require the customer to receive the required amount of debt already paid NHPT instead.
2. The client is obliged to accept mandatory debt to NHPT: a) the money must get a mandatory debt that amounts already paid, interest NHPT and the costs involved (if any);
b) customer is penalized by 150% interest rate interest rates lenders in the loan contract between the customer and the credit institution.
c) perceived debt to NHPT since NHPT service guarantee for the amount paid.
3. periodic review NHPT repay accordingly, record-setting debt and continue to track debts, urging debt collection under the provisions of the law.
4. in case the customer does not pay the debt required, NHPT guaranteed asset disposal for guarantee to recover the money paid under the provisions of alternative NHPT.
Article 49. Termination of the contract of guarantee the guarantee contract terminated in the following cases: 1. The customer has to fulfill the obligation to guarantee;
2. NHPT made the guarantee obligation under the guarantee commitments;
3. The guarantee is cancelled or replaced by another guarantee remedies;
4. Validity period of guarantee has expired;
5. Guarantee agreed as long service guarantee for guarantee obligations or NHPT terminated according to the provisions of the law;
6. By agreement of the parties;
7. By decision of the competent State bodies.
Article 50. The test mode, the client is responsible for monitoring reports periodically or irregularly to NHPT on activities relevant to the transaction are guaranteed and subjected to testing, monitoring of NHPT throughout the duration of the guarantee.
Section IV the TENDER GUARANTEE, GUARANTEE the IMPLEMENTATION of the CONTRACT Article 51. The object is an enterprise customer guarantee, economic organizations in the country bids or contracts of goods located in the category of item export credit loans.
Article 52. Guarantee conditions 1. Subject of guarantee according to the provisions of article 51 of this regulation, the tender guarantee demand and guarantee the implementation of the contract;
2. There is legal documentation to prove the requirements of foreign countries about the tender guarantee or guarantee made export contract;
3. tender guarantee client and guarantee implementation of the contract must have the financial capacity and the capability of business to bids or contracts be NHPT appraisal and approval guarantee.
Article 53. The currency of guarantee, the guarantee fee 1. The guarantee is the Vietnam currency or foreign currencies freely convertible.
2. The client is the guarantee the guarantee fee is 0.5% per year on the guarantee value but the maximum 100 million/1 the contract of guarantee.
3. the term of the guarantee fees and charging method, form processing for the guarantee fee payment delay due to NHPT ceo rules.
Article 54. The guarantee level
1. Extent of the guarantee must not exceed 3% of the bid for the tender guarantee. The case at the time of signing the contract of guarantee has not yet identified the tender price, the level of guarantee to comply obligations of units specified in the tender bid.
2. Extent of the guarantee must not exceed 15% of the value of export contracts to guarantee implementation of the export contract.
Article 55. The guarantee period The guarantee period defined bids and guarantee implementation of the contract is based on the term of service in the client's record in the tender or contracts.
Article 56. Records suggest NHPT guarantee customer instructions need set bail and sent proposed guarantee, include: 1. the legal records, records the customer's financial situation under the provisions of article 17 and article 18 of this regulation.
2. The paper proposed the guarantee by the customer (original).
3. The document for each type of guarantee: a) for bail bid: the bid documents, bylaws or rules of the tender bid prove foreign contractors require the tender guarantee (copies) included Vietnamese translation certified by the customer.
b) to guarantee implementation of the contract:-text of importer request for bail made the contract (original) included Vietnamese translation certified by the customer;
-Export contract (copy);
-Business-production variant of the client to make contracts (original).
Article 57. The order of evaluation procedure, the decision of guarantee 1. NHPT based record suggest the guarantee associated with testing, working practice at the headquarters, manufacturing facilities, business and other information sources to conduct analysis, assess the following: a) the object of the guarantee;
b) the legality of the proposed profile guarantee;
c) legally, the production capacity of the customer business;
d) the financial situation, customer's reputation for NHPT and credit institutions;
e) the viability of the business plan in the case of guarantee implementation of the contract;
f) grading, ranking customers according to NHPT regulations.
2. Implementation of branch organizations assess, propose the approval or denial of bail and send a copy of the records suggested bail of headquarters to NHPT Director General review, to decide.
3. evaluation period a) In branch: a maximum of 5 working days from the date of receipt of full branch records from clients, the branch completed the evaluation and submit records of headquarters;
b) At Headquarters: a maximum of 3 working days from the date the headquarters receives full profile from the branch, the Director General of NHPT decision approval or denial of bail.
4. The contract of guarantee approved case of guarantee, signed by client and NHPT guarantee.
5. Release the letters guarantee a) after signing the contract of guarantee, the guarantee letter for release NHPT guarantee.
b) can guarantee Messages are modified or cancelled supplement if the parties concerned have agreed otherwise in writing.
Article 58. Fulfill the obligation of guarantee 1. Service conditions of guarantee the guarantee service NHPT has committed under the following conditions: a) guarantee foreign text suggest NHPT service guarantee;
b) materials guarantee provides proven client does not execute or insufficient execution of obligation was committed to guarantee the guarantee letter case mentioned the document as one of the conditions of service guarantee.
2. Order a) upon receipt of the written request service guarantee attached to the documents that the client does not make or carry no obligations guarantee pledged with guarantee, inspect NHPT, collate your materials sent to with the terms and conditions stated in the letter of guarantee.
b) If in accordance with the terms and conditions stated in the letter of guarantee, NHPT service guarantee. If no match, text NHPT refused to fulfill the obligation of guarantee which stated the reason for rejection.
Article 59. Receive compulsory debt collection and debt 1. Immediately after the service guarantee, NHPT inform customers about the repayment instead of at the same time require the customer to receive the required amount of debt already paid NHPT instead.
2. The client is obliged to accept mandatory debt to NHPT: a) the money must get a mandatory debt that amounts already paid, interest NHPT and the costs involved (if any);
b) received money owed is for money service guarantee;
c) customer is the penalty interest rates by 150% of loan interest rates charged on export credit debt amount received;
d) clients get debt with NHPT since NHPT service guarantee for the amount paid.
3. periodic review NHPT repay accordingly, record-setting debt and continue to track debts, urging debt collection under the provisions of the law.
Article 60. Termination of the contract of guarantee the termination of the contract of guarantee made under the provisions of article 49 of this regulation.
Article 61. The test mode, the client is responsible for monitoring reports periodically or irregularly to NHPT on activities relevant to the transaction are guaranteed and subjected to testing, monitoring of NHPT throughout the duration of the guarantee.
Chapter III RIGHTS and OBLIGATIONS of the PARTIES section I for EXPORT LENDING Article 62. NHPT's rights and obligations 1. NHPT rights a) make loans to the current rules on the management of export credit capital of the State and of this regulation.
b) test, monitoring the process of loans, loan repayment and the use of the customer before, during and after the loan, check periodically or irregularly property secured loan.
c) terminate lending, debt collection of the loan ahead of time when the customer provides false information, violation of contract credit, secured loan contract signed; The client is at risk of being dissolved, bankrupt; legal representative of the customer is related to the loan and the customer's activities.
d) customer claims breach of contract, contract credit secured loan under the provisions of the law.
e) If customer does not pay the debt and not the parties have agreed otherwise, the transfer of rights to NHPT overdue and handled the property secured loan under the provisions of the law and of debt recovery to NHPT loan.
2. The obligation of a NHPT) made the right commitment contracts, credit contracts secured loan.
b) keeping and preserving records loans, secured loan records under the provisions of the law.
c) refunded according to the customer's requirements in full property, papers related to property secured loan when the customer has to pay off the loan debt.
Article 63. The customer's rights and obligations 1. The rights of a client) is required to grant the loan when there is sufficient advance records, records of payment and qualify for funds under the rules.
b) refused the request of NHPT incorrectly with the rule of law and the agreement in the contract credit, secured loan contract signed.
c) claims, claims the violate the contract credit, secured loan contract of NHPT under the provisions of the law.
2. Obligations of the client a) is responsible for using the loan for your purposes, effectively.
b) provide complete, timely, honest information, documents related to the loans, used the loan to NHPT and is responsible for the accuracy of the information, the materials were provided. NHPT to perform checks before, during and after the loan. Commitments and submit financial reports to NHPT enough throughout time have yet to pay off the debt.
c) fully implementing the content was agreed upon in the contract, the contract credit secured loan.
d) repayments of principal and interest in accordance with the agreement of the credit contract.
e) is responsible before the law when not done properly the agreement on repayment of the loan and secured loan obligations have committed in contracts, credit contracts secured loan.
f) during the period not yet paid off debt, if the customer is held back, switch owners, customers and new entities have a responsibility to continue to implement the commitments under the credit contract which customer and former owner, signed with NHPT.
Section II for EXPORT CREDIT GUARANTEES, TENDER GUARANTEES and GUARANTEE IMPLEMENTATION of CONTRACTS Article 64. NHPT's rights and obligations 1. NHPT has the right: a) require customers to provide complete, accurate, honest materials as defined in this regulation;
b) make proper guarantee of the current rules on the management of export credit capital of the State and of this regulation. Denial of bail if no eligible guarantor;
c) proactive coordination with credit institutions for loan supervision in the process of using the loan, the business situation, financial situation and repayment of the client;
NHPT) is entitled to proceed to handle the collateral for the guarantee obligation to recover the amount paid the debt instead of under the provisions of the laws and regulations of NHPT;
e) to sue under the law when the party is the guarantee the guarantee contract violations.
2. NHPT is obliged: a) full implementation of commitments in the letter of guarantee and contracts of guarantee.
b) reimburse the customer the full property or papers related to secured property for bail when the guarantee terminated.
Article 65. The customer's rights and obligations 1. The customer has the right: a) require NHPT done properly agreed upon in the contract of guarantee;
b) refused the request of NHPT incorrectly with the rule of law and the agreement in the contract of guarantee;
c) claims, claims under the provisions of the law if NHPT breach of contract of guarantee.
2. The customer is obliged to: a) provide full, accurate, honest materials related to the transaction are guaranteed according to the requirements of NHPT;
b) full payment of guarantee fee to NHPT. Get the required loan debt with NHPT and responsible to reimburse the full amount instead of paying NHPT (both principal and interest) in case the customer does not fulfill the obligation of repayment for the credit institutions;
c) subjected to testing, monitoring of NHPT for activities related to the guarantee transactions;
d) during the period of the contract of guarantee validity or customer must receive mandatory debt that have yet to pay off debt, if the customer is held back, switch owners, customers and new entities have a responsibility to continue to implement the commitments under the contract guarantees that the customer and former owner, signed with NHPT.
Chapter IV the TERMS OF IMPLEMENTATION of Article 66. Effective enforcement of these rules has effect from the date of 15/9/2007.
Article 67. Implementation 1. General Manager, head of Department, heads of control units and subordinated to NHPT is responsible for implementing this regulation.
2. the officers, officer NHPT when performing the task export credit must obey the right prescribed in this regulation. If the violation causes damage to the property of the State and capital will be disciplinary and material responsibility under the provisions of the law and of NHPT.
Article 68. Modify the additional regulation, amendment, supplement this regulation by the Council NHPT management decided the proposal of the Director General NHPT./.
