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Decision 253/2001/qđ-Nhnn: About Issuing Regulations For The Loan Secured By Pledge Short-Term Valuable Papers Of The State Bank For Banks

Original Language Title: Quyết định 251/2001/QĐ-NHNN: Về việc ban hành Quy chế cho vay có bảo đảm bằng cầm cố giấy tờ có giá ngắn hạn của Ngân hàng Nhà nước đối với các ngân hàng

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The decision on issuing regulations for the loan secured by pledge short-term valuable papers of the State Bank for the Bank _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ through STATE BANK GOVERNOR pursuant to the law the State Bank of Vietnam no. 01/1997/QH10 and credit institutions Law No. 02/1997/QH10 on 12/12/1997;
Pursuant to Decree No. 15/CP dated 03/03/1993 of the Government about the tasks, powers and responsibilities of the Ministry of State administration and ministerial bodies;
At the suggestion of the Director of the credit;
Decision: article 1: attached to this regulation decision secured by pledge short-term valuable papers of the State Bank for the Bank.
Article 2: the decision to this effect after 15 days from the date of signing and replace the rules of refinancing in the form of Treasury bills mortgage in provisions on refinancing of the Bank for credit institutions issued decision No. 285/QD-NHNN14 on 10/11/1994 of the Governor of the State Bank , Decision No. 431/1997/QD-NHNN14 on 24/12/1997 supplementary provisions on refinancing of the Bank for credit institutions attached to decision No. 285/QD-NH14 on 10/11/1994 of the Governor of the State Bank and the No. 97/CV-NH14 on 4/2/1997 of State Bank on the authorization for the Director to State Bank branches for loans Refinance credit organizations local enterprise.
Article 3: for the residual debt refinancing of the Bank for the Bank to last days before this decision takes effect, the State Bank and bankers continue to follow the terms signed on escrow receiving debt until the State Bank debts.
Article 4: Chief, Director of financial-accounting, Director of credit, Director of the Exchange Bank, Chief Inspector, the heads of the relevant units in the State Bank, Director of the State Bank branch, central cities and the Director-General (the Director) the Bank is responsible for the implementation of this decision.
REGULATION of loan secured by pledge short-term valuable papers of the State Bank for the Bank _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (attached to decision No. 253/2001/QĐ-NHNN dated Jan. 30 March 2001 of the Governor of the State Bank) chapter I GENERAL PROVISIONS article 1: scope.
This regulation regulates the refinancing in the State Bank of Vietnam for the Bank in the form of loans secured by pledge short-term valuable papers aimed at supplying short-term capital and liquidity for the Bank.
Article 2: object to be refinancing.
The banks are refinancing under 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 a year.
2. Loans secured by pledge short-term valuable papers (hereinafter referred to as the loan pledge) is the form of the refinancing of the State Bank for bank loan please on the basis of the pledge papers are short term prices to guarantee repayment obligations.
3. pledge loan limit is the maximum amount of capital that the Bank can lend in quarter or in the form of mortgage lending.
4. The interest rate for mortgage loans (hereinafter referred to as the interest rate pledge) is refinancing interest rate is used to calculate and collect interest on the original debt fact when bank lending pledge.
Article 4: the principle of lending pledge.
Lender State Bank's pledge to 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.
1. State Bank lending decisions and consider the pledge when the Bank has the following conditions: 1.1. Is the Bank prescribed in article 2 of this regulation.
1.2. Not be put into a special control status.
1.3. members participate in the open market and interbank currency market;
1.4. Need apply.
1.5. Have no overdue balance at the Bank.
1.6. Make regulations on secured loan under this regulation.
2. State Bank non-performing loan pledge for not enough banking one of the condition the pledge prescribed in clause 1 of this article.
Article 6: interest rates for mortgage loans.
1. The interest rate for the loan pledge by the Governor of the State Bank regulations and adjusted accordingly with the goal of monetary policy in each period.
2. in case the loan expired, then move to the right and to apply interest overdue provisions of Governor State Bank from the time of the transfer of loans to delinquent debt.
Chapter II SPECIFIC PROVISIONS article 7: the property pledge includes: 1. State Treasury bills;
2. State Bank bills;
3. In addition to the pledge assets referred to in paragraph 1 and 2 of this article, the adoption papers have different short term price is used as a property pledge by the Governor of the State Bank regulations in each period.
Article 8: acceptance conditions for property pledge.
Short-term valuable papers were accepted as State Bank mortgage assets when there are enough of 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 trading, be paid to the State Bank as the third person in accordance with the laws and committed by the beneficiary;
4. where the papers were released in the form of logging must be confirmed and guaranteed by the organization responsible for paying for valuable papers about will pay for State Bank when the Bank apply (the beneficiary) to have debt due but not yet paid.
Article 9: records suggest lending pledge.
When the demand for loans, bank loans, please send to the State Bank records suggest lending pledge, including: 1. The proposal for the loan pledge consists of the following basic content: the name, the address of the Bank loan, please; amount to apply; the purpose of the loan; commitment to guarantee the loan, debt repayments, interest and other commitments;
2. Lists of papers have suggested short-term price pledge to loans at the Bank (form No. 01/CC);
3. other relevant documents to prove the property pledge is eligible under the provisions of article 8 of this regulation.
Article 10: acceptance of the property pledge and loan approvals to pledge.
1. in case the Bank loan, please qualify the provisions of article 5 of this regulation, the Bank's mortgage assets please lend qualified pledge as stipulated in article 8 of this regulation, the State Bank 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 short of valuable papers are accepting pledge to loans at State banks (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 Bank must inform the Bank apply the approved or not approved for loans under pledge (model number 03/CC or no. 04/CC).
Article 11: the level of lending pledge.

1. State Bank loan demand base of the Bank; mortgage lending limit was used to decide the extent of lending pledge on lists of papers accepted short term price pledge at the State Bank.
2. the maximum margin loan Levels do not exceed the total amount paid of mortgage papers when due.
Article 12: make loans.
1. after receiving the notice of the Bank approved the loan on pledge Bank, please borrow up escrow loan secured by pledge short-term valuable papers (4 originals) in (model No. 5/CC) sent the State Bank.
2. The State Bank and bankers apply to base lists short term price papers accepted pledge to loan at State Bank; Notice of the Bank approved the loan pledge for signing the deed of loan secured by pledge short-term valuable papers (4 originals). Each side holds 2 a base accounting and transfer the money for the loan.
3. Money lending pledge is transferred to the account of the Bank's deposits apply at State Bank.
Article 13: determining the time limit for the loan, the repayment term.
The State Bank and bankers apply 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 pledge, but must not exceed the time limit for payment of the remainder of the accepted papers.
Article 14: repayment of principal and interest.
1. Please bank borrowing responsibly and actively implement the commitment of the loan and the repayment to the Bank according to the agreed term on the deed for the loan secured by pledge short-term valuable papers.
2. State Bank of not considering renewals for the loan pledge.
Article 15: handling debt collection and property pledge to recover the debt.
The case to which the repayment term of the loan, please do not pay bank debt, the Bank implemented measures to revoke the compulsory debt (principal and interest) and the payment of fines (if any) as follows: 1. Extract the Bank's deposit accounts please state bank loans in order to collect the debt required for each term of the debt.
2. in case the Bank's deposit accounts please state bank loans in not enough to collect the debt, the original loan debt pledge to repay past due interest incurred from the time of payment of the loans due to the point obtained debt (principal and interest) from the source documents payment pledge.
3. Debt collection from the payment pledge papers due to debt recovery in case the State Bank is the issuer or authorized payment to the beneficiary (legal owner).
4. Requests the organization responsible for holding papers tried in State Bank payments directly to the Bank, according to the obligations that the beneficiary (legal owner) was committed. Case the issuer does not perform the obligations which the organization fully responsible before the law.
Chapter III IMPLEMENTATION article 16: decentralized implementation of lending pledge.
State Bank loans made the pledge at the State Bank branch and the city.
1. The Director of the Exchange Bank made the loan pledge for banks headquartered in Hanoi.
2. The Director of the State Bank branch, the city made the loan pledge for the Bank has its headquarters on the area (except in Hanoi).
Article 17: responsibility of the Bank loan, please 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. implementation of the commitment to the State Bank as loans in escrow for the loan secured by pledge of valuable papers and short term debt, mortgage loan account use.
3. Delivery of full papers accepted short term price pledge when loans. Get back the whole property pledge when has paid off debt loans (both principal and interest) for the State Bank.
Article 10: responsibilities of the units belonging to State Bank: 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. the construction lending business processes pledge to perform at State Bank branch and the Governor of the State Bank for approval;
b. public notice of interest for the borrower to pledge in the Exchange State Bank;
c. receive and verify the profile suggested lenders pledge and pledge loans made under loan business processes.
d. implementation of receiving, storing, preserving, handing safe assets to pledge, records and documents related to the loan pledge and accounting as prescribed;
Sync 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, financial-accounting Service.
4. Service-financial accounting: accounting guidelines for the loan pledge.
5. the State Bank branch, City: a. public notice of interest for the borrower to pledge in the branch;
b. receiving and evaluating the proposed profile of pledge lenders banks apply; Business loan made the pledge in the range of liability was the Governor of the State Bank authorization.
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, financial-accounting Service.
6. Service Of control is responsible for examining, monitoring the situation of mortgage lending transaction and the State Bank branch, the city was the Governor of the State Bank authorized under the jurisdiction, functions and tasks.
7. State Bank inspectors are responsible for checking, monitoring the implementation of the rules on lending pledge in banks under the jurisdiction, functions and tasks.
Article 19: the terms enforced.
All revise and supplement the content of this regulation by the State Bank Governor decided.