QuyÕt ® Þnh DECISION of the GOVERNOR of the STATE BANK Of issuing regulations for the loan secured by pledge of valuable papers of the State Bank of Vietnam for the Bank GOVERNOR STATE BANK pursuant to the law the State Bank of Vietnam no. 01/1997/QH10 and credit organization Law No. 02/1997/QH10 on 12/12/1997 and the revised Law supplementing a number of articles of the law on the State Bank of Vietnam number 10/2003/QH11 on 17/6/2003;
Pursuant to Decree No. 86/2002/ND-CP on 05/11/2002 of government functions, tasks, powers and organizational structure of Ministries and ministerial bodies;
At the suggestion of the Director credit, DECIDES: 1. Attached to this decision regulation secured by pledge of valuable papers of the State Bank of Vietnam for the Bank.
Article 2. This decision takes effect 15 days from the date The quote and replace refinancing rules in the form of pledge short-term valuable papers of the State Bank for the Bank issued decision No. 253/2001/QĐ-NHNN dated Jan. 30/3/2001 of the Governor of the State Bank.
Article 3. Debt refinancing of the State Bank of Vietnam for the Bank to decide this effect continued to follow the terms signed on escrow receiving debt until the State Bank debts.
Article 4. Office Manager, Director of credit, Director of financial-accounting, Executive Director of the Exchange Bank, Chief Inspector, the heads of the relevant units in the State Bank of Vietnam, the Director of State Bank branch in the central cities, and Chairman of the Board , General Director (Director) the Bank is responsible for the implementation of this decision.
Regulation of loan secured by pledge of valuable papers of the State Bank of Vietnam for the Bank (attached to decision No 1452/2003/QĐ-NHNN dated Jan. 11, 2003 of the Governor of the State Bank) i. General provisions article 1. Scope this regulation regulates the refinancing in the Vietnam of the State Bank of Vietnam for the Bank in the form of loans secured by pledge of valuable papers aimed at supplying short-term capital and liquidity for the Bank.
Article 2. The object of the loan The loan bank according to the provisions of this regulation is that the banks are established and functioning according to the law on credit institutions (banks), include: 1. a commercial bank;
2. development banks;
3. Investment Bank;
4. policy Bank;
5. Cooperative Bank;
6. the joint venture Bank;
7. foreign bank branch;
8. The type of the other Bank was established and functioning according to the law on credit institutions.
Article 3. Explanation of terms In this regulation, the terms below are interpreted as follows: 1. short-term valuable papers are papers cost less per year 2. Long term price paper is paper term papers from a year or more since its release until to date.
3. Loans secured by pledge of valuable papers (hereinafter referred to as the loan pledge) is the form of the loan of the State Bank of Vietnam for bank loan please on the basis of the pledge the valuable papers to ensure repayment obligations.
4. loan limit pledge is the maximum total amount that the State Bank of Vietnam can lenders pledge in the quarter or the year.
5. The interest rate for the loan pledge is refinancing interest rate is used to calculate and collect interest on the original debt to the fact when the State Bank of Vietnam for the loan pledge.
Article 4. Lending rules lenders pledge pledge of the State Bank of Vietnam should make sure to follow the following principles: 1. secured credit Level;
2. Provide short-term capital needs and the means of payment for the Bank;
3. Repayment of debt principal and interest loan on time.
Article 5. Conditions for the loan pledge the State Bank of Vietnam to consider and decide the loan pledge when the Bank has the following conditions: 1. Is the Bank prescribed in article 2 of this regulation;
2. Being put into special control;
3. Loan application;
4. No outstanding overdue at the State Bank of Vietnam;
5. Implementation of the provisions on secured loan under this regulation.
Article 6. Mortgage lending rate 1. Mortgage lending rate by the State Bank Governor rules and adjust accordingly with the goal of monetary policy in each period.
2. in case the loan expired due to bank loan without repayment source please when payment due, then move to the right and to apply the interest fines equal to 150% of the mortgage lending interest rates in each period.
II. Specific provisions article 7. The property property pledge pledge includes: 1. State Treasury bills;
2. State Bank bills;
3. The left;
4. Treasury bonds;
5. Government bonds issued by the Ministry of finance;
6. The papers or other property are used as the pledge by the State Bank of Vietnam Governor rule in each period.
Article 8. Acceptance conditions for property pledge valuable papers are State Bank of Vietnam accepted as pledge properties when the following conditions: 1. Please Bank loans as the beneficiary (for valuable papers to enroll in), or is the legitimate holder (for valuable papers anonymously);
2. Valuable papers to the provisions in article 7 of this regulation;
3. Is the pledge, be paid to the State Bank of Vietnam as the third person in accordance with the laws and committed by the beneficiary;
4. in case of valuable papers are released in the form of logging must be confirmed and guaranteed by the organization responsible for paying for valuable papers about will pay for the State Bank of Vietnam when banks apply (the beneficiary) does not pay the debt;
5. Where is the long-term valuable papers, the time limit for payment of the remaining valuable papers that a maximum of up to 2 years.
Article 9. Records suggest that lenders pledge When there is demand for loans, bank loans, please send to the State Bank of Vietnam records suggest lending pledge, including: 1. Loan Application secured by pledge of valuable papers in the State Bank of Vietnam includes the following basic content : Name; the address of the Bank loan, please; amount to apply; the purpose of the loan; secured loan debt commitment; repayment; interest and other commitments.
2. A balance sheet with explanations of the situation of resources and use of capital at the time of the loan, please demonstrate the lack of resources to meet the needs of short-term capital and liquidity;
3. Lists of valuable papers loan pledge to proposals in the State Bank under the form number 01/CC;
4. other relevant documents to prove the property pledge is eligible under the provisions of article 8 of this regulation.
Article 10. Accept the property pledge and loan approvals to pledge 1. The case of the Bank loan, please qualify the provisions of article 5 and the assets of the Bank's pledge apply to qualify under the provisions of article 8 of this regulation, the State Bank of Vietnam based on the value and term of payment accepted valuable papers pledge to determine the value of the property pledge , the term pledge and loan amount on the table valuable papers are accepting pledge to loans at the State Bank of Vietnam (form 2/CC).
2. within a maximum of 2 working days from receipt of application proposed the pledge as stipulated in article 9 of this regulation, the State Bank of Vietnam to inform the banks apply the approved (model number 03/CC) or non-approved (model No. 04/CC) loan pledge.
Article 11. Mortgage loan rates

1. State Bank of Vietnam needs the base of bank loans; mortgage lending limit was used to decide the extent of lending pledge on lists of accepted papers paper pledging to loans at the State Bank of Vietnam.
2. the maximum margin loan Levels do not exceed the total amount paid of valuable papers pledge when due.
Article 12. Determine the loan term, the repayment term with the State Bank of Vietnam and the Bank please loan agreement on the loan term and define the term of repayment on the basis of the purpose of the loan and the time limit for payment of the remainder of the papers accepted price pledge but the maximum loan term not exceeding 1 year.
Article 13. Make lending 1. After receiving notice of the State Bank of Vietnam approved the loan pledge, Bank loan, please set up escrow loan secured by pledge of valuable papers (4 originals) under model number 05/CC sent Vietnam State Bank.
2. State Bank of Vietnam and the Bank apply to base table valuable papers are accepting pledge to loans at the State Bank of Vietnam; Notice of the State Bank of Vietnam approved lenders pledge to do the procedure sign the deed for the loan secured by pledge of valuable papers (4 originals). Each side holds 2 a base accounting and transfer the money for the loan.
3. pledge loan amount is transferred to the Bank's deposit account to apply at the State Bank of Vietnam.
Article 14. Repayment of principal and interest 1. The Bank please borrow responsibly and actively implement the commitment to borrow and repay to the State Bank of Vietnam under the term of the agreement has been recorded on the deed for the loan secured by pledge of valuable papers.
2. State Bank of Vietnam does not consider the extension for the loan pledge.
Article 15. Handle debt collection cases required to repay the term loan, please do not pay the bank debt, the State Bank of Vietnam implement measures to revoke the compulsory debt (principal and interest) and the payment of fines (if any) as follows: 1. Extract the Bank's deposit account to apply at the State Bank of Vietnam to the compulsory debt collection for each term debt.
2. Recovery from other sources (if any) of the Bank loan, please.
3. Where once quoted the Bank's deposit account to apply at the State Bank of Vietnam and collections from the other accounts (if any) of the Bank please lenders but still not enough to collect the debt, the State Bank of Vietnam will move residual debt (both principal and interest) have not recovered to the overdue debt and liabilities incurred interest overdue.
Article 16. Handle property pledge to revoke the compulsory debt 1. Debt collection from the payment to pledge term papers to debt recovery in the case of the State Bank of Vietnam is the issuer or authorized payment to the beneficiary (legal owner).
2. Requests the organization responsible for valuable papers to the limit are pledge at the State Bank of Vietnam paid directly to the State Bank of Vietnam, according to the obligations that the beneficiary (legal owner) was committed.
III. Implementation article 17. Decentralized implementation of lending pledge the State Bank of Vietnam made the pledge at the lending transaction and the State Bank branch, central cities.
1. The Director of the Exchange Bank of Vietnam made lenders pledge for banks headquartered in Hanoi.
2. The Director of the State Bank branch, central cities make lenders pledge for the Bank has its headquarters on the area (except in Hanoi).
Article 18. The Bank's liability apply to pledge 1. Provide adequate, timely records, documentation as specified in these rules and responsible before the law for the accuracy of the data and documents provided.
2. Implement the commitments with the State Bank of Vietnam when loans in escrow for the loan secured by pledge of valuable papers and debt, using loans deposit pledge.
3. Delivery of full papers accepted price pledge when loans. Get back the whole property pledge when has paid off debt loans (both principal and interest) for the State Bank of Vietnam.
Article 19. The responsibilities of the unit in the State Bank of Vietnam 1. Monetary policy: defining limits and interest rate for the loan pledge in each period the Governor of the State Bank for approval and reported to the relevant units in the State Bank to perform.
2. Service credits are responsible for: a. notification of pledge lenders limit used in the Exchange State Bank, the State Bank branch in the city, after the Governor of the State Bank approval.
b. report of the Governor of the State Bank of the use situation of loan limit pledge at the State Bank, the State Bank branch, the city.
3. Transaction State Bank is responsible for: a. public notice of interest for the borrower to pledge in the Exchange State Bank;
b. receiving and checking the records suggest lending pledge and pledge loans made under the provisions of this regulation;
c. implementation of receiving, storing, preserving, handing safe assets to pledge, records and documents related to the loan pledge and accounting as prescribed;
d. monthly conducted the General information, data on business loan pledge, timely detection of the difficulties and problems arising in the process of implementation, the report of the State Bank Governor, simultaneously send Service credit, monetary policy.
4. Service accounting-financial accounting guidelines for the loan pledge.
5. the State Bank branch, central cities: a. public notice of interest for the borrower to pledge at the Headquarters State Bank.
b. receiving and checking the records suggest lending pledge of banks apply; business loan made the pledge under this regulation within the limits had been Governor of the State Bank;
c. implementation of receiving, storing, preserving, secure delivery of records, documents, and pledge assets accounting as prescribed;
d. monthly conducted the General information, data on business loan pledge, timely detection of the difficulties and problems arising in the process of implementation, the report of the State Bank Governor, simultaneously send Service credit, monetary policy.
Article 20. Terms of implementation of the amendments and supplements the content of this regulation by the State Bank Governor decided.