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Decision 1434/2001/qđ-Nhnn: Regulation On Setting Up The Debt Management Companies And Exploit The Property Directly To Commercial Banks

Original Language Title: Quyết định 1389/2001/QĐ-NHNN: Ban hành Quy định về việc thành lập Công ty quản lý nợ và khai thác tài sản trực thuộc ngân hàng thương mại

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The DECISION, issued regulations on the establishment of the company debt management and exploitation of property belonging directly to commercial banks _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNOR of the STATE BANK pursuant to the law the State Bank of Vietnam no. 01/1997/QH10 and credit institutions Law No. 02/1997/QH10 on 12 December 1997;
Pursuant to Decree No. 15/CP dated 2 March 1993 the Government duties, powers and responsibilities of the State management, ministerial bodies;
Pursuant to decision No. 150/2001/QD-TTg dated 5 October 2001 of the Prime Minister on the establishment and debt management companies exploit the property directly to commercial banks;
At the suggestion of the Director of the banking and non-banking credit organization, decision: article 1. Attached to this decision, "regulation on the establishment of the company debt management and exploitation of property belonging directly to commercial banks".
Article 2. This decision has the effect after 15 days from the date of signing and replaces decision No 305/2000/QD-NHNN5 on 15/9/2000 of the Governor of the State Bank issued a regulation on the establishment of the company debt management and exploitation of the collateral commercial banks.
Article 3. Office Manager, Director of The Bank and non-bank credit organization, heads of units of the State Bank, Director of the State Bank branch, central cities, Chairman of the Board, General Director (Manager) of commercial banks is responsible for the implementation of this decision.
 
REGULATION on the ESTABLISHMENT of the COMPANY DEBT MANAGEMENT and EXPLOITATION of PROPERTY BELONGING DIRECTLY to COMMERCIAL BANKS (attached to decision No 1411/2001/QĐ-NHNN dated Jan. 7, 11năm 2001 of the Governor of the State Bank) Chapter 1: GENERAL PROVISIONS article 1.
1. Commercial banks established debt management companies and property extraction directly commercial banks, has legal personality, independent accounting by capital letters.
2. commercial bank stipulates in paragraph 1 of this article are: a/State commercial bank;
b/commercial banking shares of the State and the people (hereinafter the joint stock commercial bank).
Article 2. Chairman of the Board of commercial bank (hereafter referred to as Chairman of the Board) decided to establish debt management companies and mining assets, after the Bank approved in writing.
Chapter 2: SPECIFIC PROVISIONS section I: CONDITIONS ESTABLISHED DEBT MANAGEMENT COMPANIES and ASSET EXPLOITATION article 3.
Commercial banks established debt management companies and mining assets as defined in article 1 of this regulation when the following conditions: 1. The time has operated for at least 3 years from the date of opening of the activity;
2. the need to establish debt management companies and property extraction.
Section II: profiles, PROCEDURE of APPROVAL ESTABLISHED DEBT MANAGEMENT COMPANIES and ASSET EXPLOITATION article 4. Application for approval established debt management companies and mining assets include: 1. The text of the Chairman of the Board or who is Chairman of the Board is authorized to recommend the Governor State Bank approved the establishment of the company debt management and exploitation of property belonging directly to the Bank the summary, which States the need, the name, location, content and range of activities of the company debt management and exploitation of the property;
2. the authoritative text (for authorization) by the Chairman of the Board;
3. Resolutions of the general shareholders meeting (for the joint stock commercial bank) about the creation of debt management companies and property extraction;
4. The project established debt management companies and asset exploitation by the Chairman of the Board of the commercial bank or person is authorized to sign, which stated the need to establish the company, the content and scope of activity, the expected organizational, operational plan in 3 years;
5. The draft statute of the Organization and operation of the company debt management and exploitation of the property;
6. written comments of the Director of the State Bank branch, the city (for joint-stock commercial bank) where the joint stock commercial bank intends based debt management companies and property extraction about debt management company and mining assets of the Bank (except in the case of joint stock commercial banks plan to put Head Office debt management and exploitation of the property in the same province, the city where the headquarters of the joint stock commercial bank).
Article 5. The sequence and procedures proposed State Bank approved the establishment of the debt management companies and mining assets: 1. State commercial bank established debt management companies and property extraction establishment as defined in article 4 of this regulation send State Bank (The Bank and non-bank credit organization).
2. joint stock commercial banks established debt management companies and exploit the properties file specified in article 4 of this regulation sent the State Bank branch, the city where commercial banks are located.
Within 15 working days from the date of receiving the application, the State Bank branch, the city where commercial banks are located must have the written comments on the terms established in the provisions of article 3, the application for establishment as defined in article 4 of this regulation , send the State Bank (The Bank and non-bank credit organization).
3. within 30 working days from the date of receiving the application, the Bank considered the written comments and approve or disapprove the establishment of debt management companies and exploit the assets of commercial banks.
Article 6.
1. Within a period of 12 months from the date the Bank of State consent in writing, commercial banks must complete the necessary procedures in accordance with the law to proceed with the opening of the company's activities in debt management and extraction assets.
2. within 30 working days before the date of the company debt management and exploitation of the property opening operations, debt management companies and mining assets to make the subscription business and the Central and local newspaper post 3 consecutive numbers according to the provisions of the law.
3. Within 15 working days before the date of the company debt management and exploitation of the property opening operations, debt management companies and exploit the property must submit the State Bank (The Bank and non-bank credit organization) certificate of ownership or the right to use legal debt management company headquarters and extraction assets.
Chapter 3: the TERMS of the IMPLEMENTATION of article 7. Commercial banks do not have to perform the procedure suggested the Bank approved the establishment for debt management company and exploit the collateral was established by decision No. 305/2000/QD-NHNN5 on 15/9/2000 of the Governor of the State Bank issued a regulation on the establishment of the company debt management and exploitation of collateral stock trading.
Article 8. The amendments, additional articles, accounts in this regulation by the State Bank Governor decided.