CỦATHỐNG DECISION of VIETNAM'S STATE BANK GOVERNOR on chovay regulation of credit institutions for customers of STATE BANK GOVERNOR pursuant to the law the State Bank of Vietnam and the law on the Organization of tíndụng on December 12, 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 economic research, decision: article 1. Attached to this decision củatổ regulation officials credit for the customer.

Article 2. This decision has effect from the date of 15tháng 1998 and replaced the provisions in the text of Governor of Ngânhàng State as follows: 1. Decision No 198/QĐ-NH1 on 16/9/1994 issued short-term credit rules đốivới economic organizations; Decision No. 198/QĐ-NH1 on 28/6/1997 on the sửađổi some additional articles of short term credit terms attached to Quyếtđịnh number 198/QĐ-NH1 on 16/9/1994; Decision No 367/QD-NH1 on 21/12/1995 vềviệc issued medium term credit terms, the long term; Decision No 200/QD-NH1/ngày28 06/1997 amending and supplementing a number of articles in terms of long-term, medium-term credit attached to decision No 367/QD-NH1 on 21/12/1995; Decision 18/QD-địnhsố NH5 16/02/1994 issued regulations for giađình economic development loans and consumer loans; Decision No. 77-NH/QD on 13/6/1991 enacted the credit Thểlệ the basic construction investment in the State plan; Decision số270-QD/NH1 on 25/9/1995 issued regulations for scientific applications and loan côngnghệ into production; Decision No. 185/QD-NH5 on 06/9/1994 on Quychế the service pledge.

2. Other documents by the Governor of the State Bank issued before the date of the decision địnhnày in effect contrary to the provisions of this decision are most effective.

Article 3. The credit contract is concluded from the day before quyếtđịnh this effect but not yet disbursed or disburse credit hợpđồng and yet has the residual loans owed to the last days before this decision forces cóhiệu the credit institution and clients continue to follow the điềukhoản has signed until currency debts. In the implementation process if sinhvướng, credit institutions the State Bank report for instructions bổsung.

Article 4. The heads of the subsidiaries Bank of nướcTrung; Director of The State Bank branch, city; President of Hộiđồng management and the ceo (Director) credit institutions and customers of credit institutions vayvốn is responsible for the implementation of this decision.

 

REGULATION of CREDIT INSTITUTIONS DỤNGĐỐI with customers (attached to decision No. 322/1998/QD-NHNN1 on 30/9/1998 of the Governor of the State Bank) chapter I GENERAL PROVISIONS article 1. Scope this regulation on Quychế lending Vietnam bronze and of exchange of tíndụng Organization for clients in order to meet the needs of capital for production, business, health care development and life.

Article 2. Application object 1. credit institutions are established and made profession of quyđịnh loan law on credit institutions.

2. Borrowers in the credit organizations, including: a) The entity is: State enterprises, cooperatives, limited liability companies, joint stock companies, businesses invested abroad and other cóđủ organizations the conditions specified in article 94 of the civil code;

b) individuals;

c) households;

d cooperation);

DD) private business;

Article 3. Explanation of terms Trongquy this mode the terms below are interpreted as follows: 1. Lending is a form of credit, under which credit institutions customers delivered a sum of money to use on the purpose and time theothoả with the rule have repaid all principal and interest.

2. Loan term is a period of time from when a customer starts đầunhận borrowed money to pay off the debt principal and interest loan was thoảthuận in the credit contract between the credit institution and the customer.

3. the repayment term is the period of time during the loan term was agreed upon thuậngiữa credit institutions and clients that at the end of each period of clients to pay part or all of the money for credit institutions.

4. Adjust the repayment term is the credit institution and the customer agreement vềviệc change the repayment term was agreed upon earlier in the credit contract.

5. Renewed loan debt as the credit organization approved extending an additional circa time beyond the time limit agreed in the loan contract credit.

6. Investment project or business plan is a set of proposals to bỏvốn business manufacturing, service, investment and service life sốngtrong a period of time determined.

7. Credit limit is the maximum loans outstanding levels are maintained for a limited time nhấtđịnh that credit institutions and customers had deals in the credit contract.

Article 4. Implementing regulations on Foreign Exchange Management Trongkhi for loans in foreign currency, credit institutions and clients have to make đúngquy of the Government and the State Bank's instructions on the management of ngoạihối.

 

Chapter II SPECIFIC PROVISIONS article 5. Autonomy in the Organization's loan credit credit Uk are solely responsible for their lending decisions. Not a uk individual, would be unlawful interference into the autonomy in vaycủa for credit institutions.

Article 6. The principle of the loan Clients loans of credit organizations must ensure the following principles: 1. Use the correct purpose loans agreed in the credit contract;

2. Must repay the debt principal and interest loan on time agreed in the contract of tíndụng;

3. The secured loan to make government regulations and đốcNgân system of the State.

Article 7. Loans Uk credit conditions to consider and decide loans when customers have enough articles kiệnsau: 1. civil law had the capacity, the capacity for civil acts and responsible dânsự under the provisions of the law, namely: a) legal capacity to have civil law;

b) personal and private business owners must have legal capacity and the capacity hànhvi;

c) representative of the household must have the legal capacity and the capacity for civil acts;

d) cooperation of representatives must have the legal capacity and the capacity for civil acts;

2. Have the financial capacity to ensure repayment of the term commitment;

3. Purposes of using legitimate loan;

4. investment project or scheme produced viable business, effectively;

5. Implementation of the provisions on secured loan according to the regulations of the Government and the State Bank's hướngdẫn.

Article 8. Types of loans 1. Short term loan: credit institutions for the borrowers stop limit to meet the nhucầu capital for manufacturing, business services, service life.

2. medium-term loans, long term: credit institutions for medium term loans clients, long term to implement the investment project for production development, health care, business, life.

Article 9. The object of loan 1. Credit institutions to lend the object: a) value of supplies of goods, machinery, equipment and other expenses for hàngthực project or scheme of production, sales, service, life vàđầu development;

b) export tax amount customer must submit to the export procedures which trịlô that the export price, credit institutions have participated;


c) the amount of interest paid loan credit institutions within construction, yet giaovà desk fixed assets put into use for medium term loans, long term to head the tưtài fixed interest payments that counted in the value of fixed assets.

2. Credit institutions are not lending the objects: a) the amount of tax payable; except for the export tax amount specified in detail b, paragraph 1Điều;

b) amount to repay the principal and interest for other credit institutions;

c) the amount of interest paid to the loan credit institutions for loans; except in cases of chovay of the loan interest rate as defined in paragraph 1 of this article, c.

Article 10. Loan term Uk credit and customer agreement on the time limit for loans under two categories: 1. short-term loans: the maximum to 12 months, as determined consistent with sảnxuất cycle, the business and the customer's repayment capability.

2. For the medium term, long term loans: loan term is defined consistent with forecast of financial hạnthu investment projects, the ability to pay the debt of the customer and the nature of the loan nguồnvốn credit institutions: a) the loan term medium term: From 12 months to 60 months (5 years);

b) long-term loan duration: From over 60 months or more but not exceeding hạnhoạt rest period following a decision to establish or license for vớipháp and not more than 15-year loans for the life of the service projects.

Article 11. Lending rate 1. loan interest rate by the credit institution and the customer agreement to match vớiquy of State Bank on the interest rate for the loan at the time of the signing of the credit hợpđồng. Credit institutions have a responsibility to publicize the lãisuất lending levels for the customers know.

2. preferential lending rate to be applied to the clients are lãisuất preferences according to the regulations of the Government and the State Bank's instructions.

3. in case of loans being transferred to overdue debt, debt interest quáhạn must apply according to the level of regulation of the State Bank Governor at the time of signing the credit hợpđồng.

Article 12. Loan rates Uk credit based on the needs of client loans, loan rate đaso evening with property values do secured loan according to the regulations of the Government and the hướngdẫn of the State Bank, the customer's repayment ability and his nguồnvốn ability to decide lending rates , but do not exceed the prescribed level of 79 tạiĐiều credit institutions Law.

Article 13. Repayment of principal and interest 1. Based on the characteristics of production, sales, service, financial ability, repayment source nhậpvà of customers, credit institutions and customers vềviệc agreement to repay principal and interest loan as follows: a) The original repayment term: b) The term of the loan interest along with the original repayment term or term;

c) repayment money and making sure the original debt value equal to the form like hợpphù with the provisions of the law.

2. When the term of repayment or loan period ends, if customers do not pay cókhả debt and not adjust the duration of the debt or the debt giahạn debt is not due to move to the right and customers are owed overdue power chịulãi for slow amount charged.

3. in case the customer repayment before maturity, the credit institutions and customers of the loan interest rate thoảthuận is charged but does not exceed the agreed interest rate thuậntrong credit contract.

Article 14. 1. loan records When loan demand, customers send to credit institutions the following papers: Giấyđề Conference loans. The paper suggested the loan must have the basic content such as: địachỉ, name of the borrower; the required amount of the loan; the purpose of the loan, the commitment to sửdụng the loan, repayment, interest and other commitments;

Cáctài materials prove eligible loans as defined in article 7 of this quychế;

Clients must be responsible before the law for the accuracy and legality of document củacác submitted to the credit institution.

2. Credit institutions specifying document types the client needs to send hợpvới fits particular characteristics of each type of customer, the type of loans prescribed tạikhoản 1 of this article.

Article 15. Evaluation and decision to lend 1. Credit institution building loan review process under the principle of independent đảmtính security responsibilities and personal responsibility, accountability contact đớigiữa stitch appraisal and lending decisions.

2. Credit institutions examine the documents sent to the client, at the same time advancing hànhthẩm plan feasibility, effectiveness of the investment project or scheme, importing and manufacturing complete ability to repay the loan.

In high instances or the law has regulated credit institutions shall be thànhlập the Council of credit or hire Agency in relation to the evaluation đầutư project or scheme of business of the customer.

3. In the period not exceeding 10 working days for short term loans and khôngquá 45 working days for medium-and long-term lending since credit institutions dụngnhận borrowing records are fully valid and necessary information hàngtheo of requirements of credit institutions, credit institutions have to decide and thôngbáo the loan or the loan not for customers. In the case of addressing địnhkhông lending, credit institutions must inform the client in writing, which stated the base refused to lend.

Article 16. Method of lending.

The credit agreement with the UK customer lending practices consistent with nhucầu use of loans and the ability to examine, supervise the client using vốnvay as one of the methods as follows: 1. lenders lending each time: Each time the customer loans and credit institutions, as the tụcvay capital needed and the credit contract.

2. Lending under the credit limit: credit institutions and clients identify and thoảthuận a credit limit to maintain in given time limit or under kỳsản production and trading cycle.

3. Loan investment project: Organization of credit to customers loans to investment projects on hiệncác development of production, sales, service and the vụđời projects.

4. For syndicated: a group of credit institutions together for a vayvốn project or scheme of loan clients; in it, there's a credit organization dụnglàm clue to mediate, coordinate with other credit institutions. The hợpvốn loan made under the provisions of this regulation and the regulation of the UK the co-financing of credit due to the Governor of the State Bank.

5. installment loans: when the loans, credit institutions and clients identify and thoảthuận of the loan interest rate is charged plus the original debt was divided to repay the theonhiều term of the loan term, the assets purchased with the loan borrower hữucủa Department only when paid enough debt principal and interest.

6. Lending under the standby credit: credit organization committed to ensuring sẵnsàng for customer loans within credit limit. The nest chứctín and customer agreement on the duration of credit limit dựphòng, fees charged for credit limit.

7. business lending through the release and use of credit cards: credit dụngchấp organizations agreement for clients are using loan number in the range tíndụng to limit payment of purchased goods, services and cash withdrawal machine at tiềntự or cash point is the agent of the credit organization. When lenders pháthành and use a credit card, the credit institution and the customer are subject to the cácquy of the Government and the State Bank of issue and use of cards tíndụng.

8. lending practices more in line with the provisions of this regulation and the other quyđịnh of the State Bank.

Article 17. Loans in foreign currency


1. The object of loan: credit institutions in foreign exchange activities are for hàngvay in foreign currency to pay for imported goods, materials, machinery, security entrance control equipment and services for the foreign service of the client's business operations. Nhữngtrường for loans in foreign currency beyond the this object must be đốcNgân State approved in writing.

2. loan records: in addition to the documents specified in article 14 of this regulation, the clients must submit for credit institutions: the import quota or license (I said evenif you); the imported contract or mandated import and other documents pertaining loan đếnsử.

3. Repayment of principal and interest: loan in foreign currency would then have to pay the debt by ngoạitệ. Case of debt in foreign currency or in Vietnam are thựchiện according to the agreement between the credit institution and clients and Exchange giáhoặc rate based on the principles determining the rates agreed in the contract of tíndụng. Business for foreign capital investment in self-tệkhông foreign entrants are foreign currency loan repayment in Vietnam.

Article 18. Contract Saukhi credit loan decision, credit institutions and customers the contract tíndụng. Credit contracts must have content about the conditions of the loan, the loan dụngtiền history purposes, how the disbursement and use of the loan, the loan amount, interest rate, loan thờihạn, method and period of repayment, the form of secured loan, the value of your sảnbảo make sure the asset disposal measures, make sure, assignment or transfer of a credit contract and nhượnghợp the other commitments of the parties to the agreement.

Article 19. The limit for loans 1. Total outstanding loans for a client should not exceed 15% of the capital itself has củatổ credit functions, except for the loan from the vốnuỷ sources of the Government, of the Organization and the individual. The case of củamột capital needs of clients exceeds 15% of the capital of the credit institution or the cónhu client request seeking funding from many sources, the lending credit institution combines the vốntheo regulations of the Governor of the State Bank.

2. in special cases, credit institutions are only lending exceeds the speed of loan prescribed in clause 1 of this article as being the Prime phépđối for each specific case.

3. The determination of capital letters of credit institutions to do lending speed calculation bases prescribed in clause 1 and 2 this is done according to the regulations of the Ngânhàng State.

Article 20. These cases are not lending 1. Credit institutions are not lending to customers in the hợpsau schools: a) the members of the Management Board, supervisory board, General Director (Director), Deputy Director, Tổnggiám (Deputy Director) of the credit institutions;

b) The appraisal, loan review;

c) parent, wife, husband, children of members of the Management Board, supervisory board, Tổnggiám Director (Director), Vice President (VP).

2. The provisions in paragraph 1 of this article do not apply to credit institutions dụnghợp.

Article 21. Lending restrictions 1. Credit institutions not be unsecured loans, loans with preferential interest rates điềukiện, lending levels for the following objects: a) audit organization, auditors are audited at credit institutions; Toántrưởng design, inspection staff;

b) large shareholders of the credit organization;

c) business is one of the objects specified in clause 1 Article 77 of Luậtcác credit institutions owning over 10% of the Charter capital of the business.

2. Total outstanding loans for the objects specified in paragraph 1 of this article is not đượcvượt than 5% own capital of credit institutions.

Article 22. Check, monitoring of loan 1. Credit institutions have the responsibility to check and supervise the process of the loan dụngvốn loan and repayment history.

2. Credit institutions exercise control, monitoring, before, during and after vayvốn to match the characteristics of activities of credit institutions and economic traits doanhvà using the customer's loan.

Article 23. Renewal of the loan debt, the repayment term adjustment 1. When to repay if the customer does not have the ability to pay off debt due nhânkhách raw related triggers and have written to recommend renewal of the debt, the credit institutions xemxét for time limit prescribed debt: a) the time limit for the extension of debt for short term loan the maximum loan term positive or đãthoả by a cycle production, business but not more than 12 months.

b) the time limit for the extension of medium term loans, long term debt to a maximum of 1/2 the time limit agreed in the contract of đãthoả lending credit;

c) the debt due has not been paid and if not then the debt extension phảichuyển to the overdue debt and overdue interest rates apply.

2. in case the customer does not repay the loan the right term agreed in the combination đồngtín use due to objective causes and have suggested text, then consider dụngxem credit institutions to adjust the term of repayment. If not adjust the duration of paid nợtổ credit debt transfer function due to the term's overdue debt.

3. The proposal to extend the term of the debt adjustment, debt and the debt extension quyếtcho and adjust the term of the debt of the credit organization must be real hiệntrước when to repay and parties may agree plugins dụngtheo credit contract repayment deadlines.

4. The renewed debt owed or is adjusted still apply suấtđã interest rate term agreed upon in the contract debt in credit limit until the expiry of the term or đượcgia be adjusted.

Article 24. Long, steady interest rates credit Uk loan was decided long, rising loan interest rate is charged for the clients according to the following rules: 1. The client losses on assets related to the loan due kháchquan causes, leading to suffer financial difficulties;

2. The level of loan interest rate reduction exemption consistent with the Organization's financial capacity tíndụng;

3. Credit institutions cannot be waived, reduced interest rates for loans to customers in the cácđối object defined in article 78 paragraph 1 the law on credit institutions.

4. credit institutions must promulgate regulations exempting, reducing the interest rate on loans to clients are approved by the Board. The loan interest rate reduction, exemption for vớikhách only be done when there are free, reduced regulation of the loan interest rate chứctín.

Article 25. The customer's rights and obligations 1. Borrowers have the right to: a) refused the request of the credit institution does not meet the agreed tronghợp the credit contract;

b) claims, claims the violate the credit contract pursuant to phápluật;

2. The borrower is obliged to: a) offers a full, honest information, documents related to the loan vốnvà is responsible for the accuracy of the information, the materials were provided;

b) using the correct loan purpose and make the right content was thoảthuận in the credit contract;

c) repay the principal and interest loan as agreed in the credit contract;

d) responsible before the law when not done properly the vềviệc agreement to repay the loan and make the obligation secured debt loans pledged in credit hợpđồng.

Article 26. The rights and obligations of credit institutions 1. Credit institutions have the right to: a) requires that the customer provides proof the investment project or scheme viable business sảnxuất, its financial viability and of the guarantor before deciding to borrow;

b) reject loan requests of the customer are not eligible for loans, loan programme or scheme loans not effective, not in accordance with the law or địnhcủa credit institutions do not have enough capital to lend;

c) supervision process for loans, loan and repayment of the client;


d) terminate lending, debt collection before maturity when the customer provides false cấpthông, breach of the credit contract;

DD) petitioner violate credit contract or the guarantor according to quyđịnh law;

e) When to repay, if the parties do not have other agreements, the institutions dụngcó the right to sell the property make sure under the agreement in the contract to collect the hồinợ under the provisions of the law or require the guarantees make sense vụlãnh leader for customer loan guarantee;

g interest rate reduction loan funds), debt rescheduling, debt maturities, adjusted for the sale of the debt according to the quyđịnh of the State Bank and make the island of debt, debt elimination, debt theoquy delineated by the Government.

2. Credit institutions are obliged to: a) made the right deals in the credit contract;

b) kept the credit profile consistent with the provisions of the law.

Article 27. Preferential loans and investment loans to build according to the kếhoạch State.

1. Credit institutions make loans for clients to book hưởngchính preferential credit under the provisions of the Government and the guidance of the Ngânhàng State during each period.

2. Credit institutions of State investment built according to the plans of the State thựchiện under the provisions of the law on construction and regulation of Chínhphủ on credit construction under the annual State plan.

3. Credit institutions of State are assigned to government loans for hàngthuộc object incentives, investment lending built according to the State plan, if the interest rate disparity and birth cóphát the loss of loans due to concerns the handling of raw nhânkhách, then follow the Government's rules and instructions, dẫncủa State Bank and the Ministry of related departments.

4. Before preferential loans and investment loans built according to State plans, credit the UK conducted the evaluation of the effectiveness of projects or loan schemes, if found not to be effective, does not have the ability to repay the loan debt both root and lãithì report to the competent State agencies , if it deems it necessary to báocáo the prime consideration, decision.

Article 28. Lending under the mandate 1. lending credit institution according to the mandate of the Organization, Government, individuals and foreign countries ởtrong according to loan trust contract signed with cơquan representatives of Governments or organizations, individuals in the country and abroad. The lending mandate is consistent with the provisions of the law on credit ngânhàng and contract-mandated.

2. lending credit institutions as mandated trustee fees and enjoyed the other hưởnglợi clause agreed in the contract-mandated lending consistent with regulation củapháp of law and international practices, ensure sufficient to offset the costs, risks and with interest.

 

Chapter III the TERMS of the IMPLEMENTATION of Article 29. Credit institutions and customers loans are responsible for the nhiệmthi regulations. Pursuant to this regulation and the regulation of legal luậtcó involved, credit institutions issued the guidance specific text thểphù with the conditions, characteristics and its Charter.

Article 30. Organizations and individuals violating the provisions of this regulation, the nature and extent of the violation may be subject to disciplinary, administrative processing hoactruy save for criminal liability in accordance with the law.

Article 31. The amendments and supplements to this regulation by the Governor of Ngânhàng State decisions./.