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Decision 1297/2002/qđ-Nhnn: About Issuing Regulations Released Papers Are Reviews Of Credit Institutions To Mobilize Domestic Capital

Original Language Title: Quyết định 1287/2002/QĐ-NHNN: Về việc ban hành Quy chế Phát hành giấy tờ có giá của tổ chức tín dụng để huy động vốn trong nước

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No tile DECIDED of the GOVERNOR of the STATE BANK Of issuing regulations released papers are reviews of credit institutions to mobilize the country vốntrong GOVERNOR STATE BANK pursuant to the law the State Bank of Vietnam no. 01/1997/QH10 and Cáctổ credit organization Law No. 02/1997/QH10 on 12 December 1997;
Pursuant to Decree No. 15/CP dated 8 March 1993 from the Government vềnhiệm service, powers and responsibilities of the State management, ministerial bodies;
At the suggestion of the Director of the monetary policy decision: 1. the attached decision issued regulation of chứctín valuable papers to mobilize capital in the country.
Article 2 this decision has effect from January 1, 2003 the following decisions thếcác and replaced the Governor of the State Bank: Quyếtđịnh 220/QD-NH 27/11/1991 on the joint mạiquốc bank issuing bank has a purpose; Decision No 210/QD-NH1ngày 22/9/1994 on the issuance of regulations on bank bonds, investment banking and business development; Decision No. 7/QD-NH1 on 25/1/1994 vềviệc allowed the Bank for foreign trade of Vietnam issued promissory cómục purpose Bank in foreign currency; Decision No 115/QD-NH1 on 01/6/1994 on the industrial and commercial bank of Vietnam chophép issuing bank has đíchbằng entries of foreign currency; Decision No. 214/QD-NH1 on 23/9/1994 on Ngânhàng Vietnam foreign trade bank bonds; Decision số243/QD-NH1 on 30/9/1994 on the industrial and commercial bank of Vietnam allow pháthành bank bonds.
Article 3. Heads of State banking units; HàngNhà Bank branch Director of the water Department, the city, the Chairman of the Board, General Director (Director) credit institutions responsible for the implementation of this decision.
 
The REGULATIONS RELEASED PAPERS are REVIEWS of CREDIT INSTITUTIONS to MOBILIZE DOMESTIC CAPITAL (attached to decision No. 1080/2002/QĐ-NHNN dated Jan. 22, 2002 of the Governor of the State Bank).
 
Chapter I GENERAL PROVISIONS article 1. Scope and application objects.
1. this regulation regulates the release of valuable papers of credit institutions to huyđộng capital from the organizations and individuals on the territory of Vietnam.
2. The issuance, listing and trading valuable papers of credit institutions tạithị stock is done according to the legal provisions of chứngkhoán and the stock market.
Article 2. Credit institutions issuing papers.
1. Credit institutions issuing papers is the credit institutions are thànhlập and works according to the law on credit institutions, and meets the conditions of this regulation at quyđịnh, including: Cáctổ credit State officials.
Cáctổ credit organization stock of the State and the people.
QuỹTín Central People's use.
Cáctổ venture credit organization.
Cáctổ foreign credit organizations are allowed to operate in Vietnam.
2. financial leasing companies Own just released papers are long term cóthời term price over 12 months.
Article 3. Buyers valuable papers.
Ngườimua valuable papers include: Cáctổ personal servants, Vietnam.
Cáctổ, foreign individuals are living and legal activities in Vietnam.
Article 4. Giảithích words.
TrongQuy this mode, the terms below are interpreted as follows: 1. the valuable papers is the Organization's certificate of credit issued to mobilize vốntrong which confirm the obligation of repayment of a sum of money in a certain period, the interest conditions and terms of commitment between credit institutions and ngườimua.
2. short-term valuable papers are papers cost less the 12 months, including kỳphiếu, certificates of deposits, bills and other valuable papers are short hạnkhác.
3. long term price paper is valuable papers from term of 12 months or more, baogồm bonds, certificates of deposit and long-term papers have other long-term rates.
4. Valuable papers register of valuable papers is released in the form of the certificate of chỉhoặc logging names owners. Credit institutions issuing papers are giághi the list to open the registry of ownership and registration of clients when requesting a transfer of ownership.
5. Valuable papers anonymously is valuable papers released in the form of bearer chỉkhông certificate owners. Valuable papers anonymously in the ownership of the ngườinắm keep valuable papers.
6. The face value of the original amount is printed on the paper record available or papers issued certificate or form theohình recorded on the certificate of ownership for the paper tờcó reviews released in the form of logging.
7. The total face value is the sum of the face value of the valuable papers due dụngphát credit institutions act in a year or in a release.
8. Term Paper papers is the time period from the date of credit institutions receive nợđến on pledges full payment of debt.
9. release period is the time period from the date of credit institutions start pháthành to the end of a release.
10. Fixed interest rate is the interest rate does not change to be applied throughout the hạncủa valuable papers.
11. Interest rates are adjusted periodically as the interest rate changes periodically according to market dotổ the position of credit agreement with the buyer when released.
12. pay interest before are selling lower-priced paper denominations and đượcthanh buyer payment amount equal to face value when due.
13. pay interest once payment is due when the interest payment khiđến payment due once along with the original amount (face value).
14. pay interest periodically is paying an interest rate based on the interest coupons periodically 6tháng or 1 year for the long-term valuable papers.
Article 5.-release form.
Credit uk release of valuable papers in the form of the certificate and logging.
1. the certificate enrollment form applicable to individual buyers. The picture thứcchứng only apply to anonymous buyers are individuals and organizations.
2. logging form applies to the buyer's deposit account organization tạitổ credit officials released. The case released in the form of logging, the chứctín use of the released certificate of ownership of valuable papers to the buyer.
Article 6. Forms and elements of the valuable papers 1. Valuable papers released in the form of the certificate must have the following elements: Têntổ credit officials released.
Têngọi valuable papers (promissory notes, bills, certificates of deposit, short-term and long-term bonds, sending the chỉtiền ...).
Mệnhgiá.
Thờihạn.
Ngàyphát.
Ngàyđến payment.
Lãisuất; the method of paying the interest rate; the time, location, pay interest.
Phươngthức refund.
Địađiểm payment of origin of valuable papers.
Tênngười buy valuable papers, identity of the buyer is personal, the buyer's address valuable papers (if is valuable papers to enroll); or ghirõ is the valuable papers.
Cácyếu other elements such as symbols, serial number ri-release, signed by the Director General or ngườiđược authorisation, signed by the accountant and Treasurer of the credit organization released.
Cácđiều conditions, terms of transfer, discount, to pledge valuable papers tạichính the release of credit institutions; handling for risk cases (nhàunát, torn, lost, etc.); the case of non-payment.
2. In addition to the elements provided for in paragraph 1 of this article, credit institutions may quyđịnh to add the content notes, other indications of credit institutions.
3. for valuable papers released in the form of logging, the factors prescribed tạikhoản 1 this must be recorded in the certificate of ownership of the paper tờcó for the price the buyer minus the elements of identity Paper number kýhiệu, serial number, ri.

4. With regard to the case of valuable papers pay interest periodically, interest rate sectors with theogiấy votes papers must have the details related to the valuable papers (serial number, denomination), interest rate, amount, term of the field of interest.
5. Valuable papers released in the form of the certificate must be designed and printed in ấnđể ensures high resistance to false.
Article 7.-release and payment currency.
1. Valuable papers were released by Vietnam Dong or foreign currencies.
2. The issuance, payment and transfer of valuable papers in foreign currency phảituân according to the regulations on Foreign Exchange Management of the social Republic of South nghĩaViệt.
Article 8. Phươngthức released.
Cáctổ credit organizations made valuable papers issued by the method: 1. direct release of valuable papers.
2. release through credit organizations was trust agent or function issued tờcó paper reviews.
Article 9.-release period.
Thờihạn release of a release not more than 60 days, including the ngàynghỉ, holidays prescribed by the law.
The UK-only release credit exceeding the time limit on when approval củaNgân the State.
10. Interest rates.
Lãisuất valuable papers issued by the credit institution regulations consistent with interest suấtthị market, ensure effective business and operational safety for the tíndụng organization.
Article 11. Beats paying principal and interest.
1. Credit institutions pay for the original purchase price when papers tờcó paper reviews the payment due. Credit institutions may pay before maturity if đãcó agreement with the buyer.
2. Credit institutions interest agreement according to a fixed interest rate, interest rates are điềuchỉnh.
3. Credit institutions pay interest according to the method of paying interest in advance, or to pay the lãimột times when payment due, or pay interest periodically.
Article 12. review conditions allow released.
Uk credit is considering allowing the release of valuable papers when meeting the ứngđầy enough the following conditions: 1. In compliance with the rules on the restrictions to ensure safety in the operation of theoquy credit institutions Act and the instructions of the State Bank.
2. healthy financial situation according to the reviews of Bank inspectors.
Article 13. Thẩmquyền approved the proposal to release valuable papers.
1. The Governor of the State Bank approved the release of proposal papers are ngắnhạn and long term price of State credit institutions, credit institutions liêndoanh, foreign credit institutions, the Central People's Credit Fund and release valuable papers đềnghị the long term of the credit organization stock of Nhànước and people.
2. The Governor of the State Bank authorization for bank branch manager nướccác province, the city approved the proposal to release short-term valuable papers củacác credit institutions of the State and the people is headquartered close the trênđịa table.
3. Within 15 working days from receipt of application recommended pháthành of the credit institution, the State Bank has decided to approve the proposal approval hoặckhông please release valuable papers of credit institutions.
Article 14. Nơigửi recommended records released.
1. Credit institutions, credit institutions, credit institutions nướcngoài, the Central People's credit fund to send the proposal to release the papers cógiá the short term and long term on the Central Bank.
2. Credit institutions of the State and the people send the broadcasting hànhgiấy recommendation long term papers on Central State Bank, send suggested pháthành short-term valuable papers on the State Bank branch, the phốnơi headquarters.
Article 15. Transfer of valuable papers.
1. Valuable papers are the transfer of ownership under the form of purchase, sell, give, donate, Exchange, and inherited according to the provisions of the law.
2. The procedure of transfer of ownership: a) for valuable papers to enroll: the owner of the valuable papers record the name, address, identity Paper book of the transferable then signed on to face saucủa valuable papers and transfer to the assignee.
Transfer Ngườiđược to credit institutions where released to suggest changing helpful chủsở were registered in credit institutions.
b) for valuable papers anonymous: anonymous valuable papers are freely transferable.
Article 16. Handling the case risk and cases of non-payment.
Việcxử the case of risk (crumpled, torn, lost, ...) and the absence of math đượcthanh for valuable papers issued by credit institutions phùhợp rules with the provisions of the law and ensure the rights of the owner of giấytờ has a price.
Article 17. Preservation, delivery, transportation of valuable papers.
Việcbảo, forwarding, shipping papers are reviews of real hiệntheo credit institution regulations of the Government and of the State Bank.
CHAPTER II RELEASED PAPERS are SHORT TERM PRICE Article 18. Denominations.
Mệnhgiá of short-term valuable papers are printed or by agreement of the chứctín application released for the buyer.
Article 19. Hồsơ recommended release.
Hồsơ recommendations included: 1. Recommendations issued short-term valuable papers in a fiscal year.
2. the release plan short-term valuable papers which stated the purpose, methods of use, overall balance short-term valuable papers early in finance, the release price of tổngmệnh valuable papers short in the fiscal year, the number of batches and thờiđiểm scheduled for release, the name of valuable papers released money released.
3. The financial statements of the two consecutive years and as of the time of cóđơn release proposal. The credit institutions have operated under time 2 nămgửi the financial report from the start of the operation to the time has nghịphát application.
4. The business plan during the financial year.
5. The Charter and operating licence (for the credit institution first released).
6. The change in organizational and other changes (if any).
Article 20. Forms reviewed, approved.
Trêncơ the Department review recommends release and release conditions, Governor of Ngânhàng State or the Director of the State Bank's branch in the province, the city of đượcủy the right to make a decision of approval or disapproval for the plan pháthành short-term valuable papers in both years of the credit organization.
Article 21. Issuers.
1. Credit institutions celebrated the release within the year pháthành plan has been approved. Credit institutions vượtquá-only release planned to release in both years was approved when bổsung approved in writing by the State where the Bank has approved by decision pháthành.
Hồsơ suggested additional approval include: menu suggestions released additional ngắnhạn valuable papers, plans to release the papers are short term price adjustments, and hoạchkinh in the financial year adjusted.
2. Prior to release at least 20 working days, credit institutions must gửiThông report issued by the release expected on State Bank ... where đãra decided to approve the issuance. If before the expected release of 10 ngàylàm, the State Bank has no comments in writing, the credit organization dụngđược organized the release of valuable papers.
3. Announce the release includes the following factors: the credit organization Têntổ released.
Têngọi valuable papers (promissory notes, bills, certificates of deposit, short-term ...).
Tổngmệnh reviews of the release.
Thờihạn valuable papers; release form.
Ngàyphát.
Ngàyđến payment.
Lãisuất; the method of paying the interest rate; the time, location, pay interest.
Phươngthức refund.
Địađiểm payment of origin of valuable papers.

Kếtquả issued short-term valuable papers of the release earlier in the year of tàichính (if available).
Cácnội content reported by other credit institutions.
Article 22. Báocáo.
Hàngtháng, credit institutions to report in writing on the results released at the latest short term cógiá papers on thángtiếp 10, according to the State Bank where out timeframes decisions approved.
CHAPTER III RELEASED PAPERS are LONG TERM PRICE Things 23. Denominations.
1. The denomination of the long-term valuable papers in Vietnam under certificate hìnhthức a minimum of one million and a maximum of one billion. The mệnhgiá is greater than the minimum face value must be a multiple of the minimum denominations.
2. The denomination of the long-term valuable papers in foreign currency issued by the picture thứcchứng only a minimum of one hundred United States dollars or the equivalent in foreign currency, up đalà a hundred thousand U.s. dollars or the equivalent in other ngoạitệ. The face value is greater than the minimum values of multiples of the minimum price of củamệnh.
3. The face value of long-term price papers is thứcchứng image released under bond only on valuable papers.
4. The face value of long-term price papers is developed long term deposit certificate hànhtheo certificate forms are printed or by agreement of the institutions and dụngphát with the buyers.
5. Face value of long-term price papers released in the form of logging by using chứctín release agreement with the buyer.
24. Article release date and the payment due date of the paper long term papers is tráiphiếu.
Giấytờ long term price is the same release a bond are recorded on the same day and the same pháthành due date of payment.
Article 25. Records suggest that each release.
Từngđợt released, credit institutions must submit to the State Bank of nghịphát topic records issued long-term valuable papers. Records released are: 1. To recommend the release of valuable papers.
2. the release plan long-term valuable papers, which stated the purpose, methods of use, of total face value, face value, the name of the cógiá papers, deadlines, interest, the scope of the release, the way, pay principal and interest; the conditions and terms of the rights and obligations of credit institutions and ngườimua.
Phươngán release of long-term price papers must be Board approved.
3. The financial statements of the two consecutive years and as of the time of cóđơn release proposal. The credit institutions have operated under time 2 nămgửi the financial report from the start of the operation to the time has nghịphát application. The financial report must be an audit organization was hàngNhà acknowledgment water Banks or Bank inspectors confirmed.
4. The business plan during the financial year.
5. Sample papers have the long-term price will release.
6. The Charter and operating licence (for the credit institution first released).
7. The organizational changes and other changes (if any).
Article 26. Forms reviewed, approved.
Trêncơ in review each proposed release and release conditions, Thốngđốc State Bank a decision of approval or disapproval for vớitừng the release of valuable papers of long-term credit institutions.
Article 27. Issuers.
1. After being Governor of the State Bank approved in writing, the use of chứctín to announce to announce the release of papers have long-term price on the phươngtiện information in the minimum time of 5 consecutive days before khiphát.
2. time to start releasing valuable papers on long-term slow for no more than 45 ngàykể from when he was Governor of the State Bank approval.
3. Credit institutions are only pháthành in excess of face value have been approved when there is additional text sungbằng approval of the Governor of the State Bank.
Hồsơ suggested additional approval include: menu suggestions released papers have long sung hạnbổ, price plans released papers are long term price adjustments, and hoạchkinh in the financial year adjusted.
Article 28. The report.
Chậmnhất after 10 working days from the end of the release, the Organization dụngbáo credit report in writing on the results released papers are reviews of long-term hàngNhà (monetary policy).
CHAPTER IV LIABILITY of the CREDIT INSTITUTION, which THUỘCNGÂN the STATE of VIETNAM and the STATE BANK BRANCH, THÀNHPHỐ Article 29. The responsibility of the credit organization.
1. Public disclosure about the release of valuable papers and issuers of paper tờcó the price according to the provisions of article 21 and article 27 of this regulation.
2. Payment of the due interest and full root for the owner of the cógiá papers.
3. Reporting of results of release under the provisions of article 22 and article 28 of this Quychế.
30. The responsibility of the State Bank branch, the city.
1. Receiving the recommended records released the short-term valuable papers, announcements broadcast hànhgiấy short term papers, report results released papers are short term price củacác credit institutions of the State and the people of the locality.
2. Review, decided to recommend the release of valuable papers of chứctín short term use of the shares of State and local people.
3. Coordination with monetary policy to consider the Governor decided action valuable papers việcphát the long term of the credit organization stock of nướcvà on people's Homes.
4. At the latest on 15 months later, the State Bank report (tiềntệ policy) of results of release papers are short term prices last month of using chứctín shares of State and local people.
Article 31. Responsibility of the units of the State Bank of Vietnam.
1. monetary policy: a) receiving the recommended records released papers are short term and long term price, Executive báophát short-term valuable papers, report papers have released results and long-term giángắn of State credit institutions, credit institutions liêndoanh, foreign credit organizations , The Central People's Credit Fund.
b) receiving the recommended records released the valuable papers report the results of long-term pháthành long-term valuable papers of credit institutions of State vànhân.
c) presiding, in cooperation with the relevant units to review proposed release papers cógiá of credit institutions to the State Bank Governor decided.
d) study released papers are reviews of credit institutions to the State Bank Governor kiếnnghị amending and supplementing the provisions of hànhgiấy papers of the credit organization.
2. Service of the banks and non-bank credit organization.
Phốihợp with monetary policy to consider the Governor decided the pháthành valuable papers of the credit organization.
3. Inspect the Bank: a) coordinate and provide the monetary policy situation of the UK operations of credit through the Ombudsman process, remote monitoring for the tíndụng organization to the Governor of the State Bank to review the decision of the hànhgiấy papers of the credit organization.
b) inspection, monitoring the release of valuable papers of credit institutions; treatment of lýtheo jurisdiction and petition the Governor of the State Bank handling the hợpvi schools violate the provisions of this decision.
4. Foreign Exchange Management Service: Phốihợp with monetary policy to consider the Governor decided the pháthành valuable papers in foreign currency of the credit organization.
5. Financial-Accounting Service: Hướngdẫn the system account and the professional accounting released papers are giángắn and long-term credit institutions.
6. Professional Service Release and Vault: a) advise credit institutions about the design templates and print valuable papers make sure bảochống.

b) held in cógiá papers, design and deliver prints white when credit institutions require.
32. Handling violations.
Cáctổ and individuals violating the provisions of this regulation depending on the nature of an infringement vàmức would be sanctioning administrative violations in the field of money and banking was saved or unAmerican activities criminal liability: article 33. Amendments, supplements.
Việcsửa supplementing this regulation by State Bank Governor decided.