The decision on issuing the Statute co-sponsored by credit institutions to the STATE BANK GOVERNOR pursuant to the State Bank of Vietnam Ordinance and the Ordinance on banks, credit cooperatives and financial companies announced by order No. 37/LCT-HĐNN8 and Order No. 38/LCT-HĐNN8 on 24/05/1990 of the Chairman of the State Council of the Socialist Republic of Vietnam;
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;
Based on the credit terms and provisions on the guarantee of the current Governor of the State Bank.
At the suggestion of the Director of State Bank credit;
 
Decision: article 1.-attached to this Regulation Council decision sponsored by the credit institutions.
Article 2.-the decision has effect after 15 days from the date of signing; any provisions contrary to the content of this regulation are repealed.
Article 3.-Office of the Governor, the Director of credit, heads of units of the central State Bank, Bank branch, Director of the State Department, the city, the Director-General (Executive Director) credit institutions responsible for the implementation of this decision.
 
REGULATION on CO-FINANCING of the CREDIT INSTITUTIONS (issued by decision No. 154/1998/QD-NHNN14 October 4, 1998 of the Governor of the State Bank) i. GENERAL PROVISIONS article 1.-The co-financing of the credit organization (TCTD) (in this Regulation referred to as co-funding) is the process of loan-guarantee of a group TCTD (from 2 up) for a project a coordinate clue made TCTD party funding to implement, in order to enhance the capability and efficiency in production operations-the business of the business and of the TCTD.
Article 2.-Parties to co-sponsor must unify project appraisal methods, can establish the authority or not established authority but still guarantee the loan (guarantee) is tight, the advantages at the same time must be after the project manager has for the loan (guarantee) to regular and periodic checks for party member to handle the problems arising.
The unification of the method of evaluation and project managers must specify the responsibilities of each TCTD in each case: the same appraisal through a public authority or appraised (case no public authority) to the same management or project management unilaterally.
Article 3.-The form of co-funding in this regulation be interpreted as: 1. syndicated loans;
2. The guarantee, guarantor;
3. Combine the forms on.
Article 4.-The co-financing to be applied in these cases: 1. The demand for loans or guarantees to projects exceeded the maximum limit allowed for the loan or the guarantee of a TCTD allowed;
2. The needs of risk dispersion TCTD;
3. The possibility of a capital TCTD does not meet the capital needs of the project.
The currency used in co-financing can be USD or foreign currency, in accordance with the needs of the project and regulations on Foreign Exchange Management are related.
Article 5.-The TCTD are joined or organized sponsorship contract including: commercial bank;
Bank for investment and development;
Venture Bank;
Foreign bank branch;
The Central People's credit fund and the finance company was involved but were not funded organisation co-sponsored.
Article 6.-the scope of co-financing: The co-financing be made for loan or guarantee needs to invest in the project following the short, medium and long term;
Article 7.-the parties in relation to co-financing: 1. the party co-financing: the co-financing consists from two members, each Member is a TCTD or branch of a TCTD was Director-General (Director) of the authoritative TCTD (prescribed in article 5). This involved members, which, for direct loans or guarantees to co-financing for a project with the amount of this agreement by the TCTD through the signing of the sponsorship deal.
Sponsoring members choose TCTD clue. TCTD clue might be the TCTD or branch of that business demand TCTD loan or guarantee, please open an account payment. Every credit relationship between parties, guarantee of co-financing funding right all through TCTD clue.
2. the party receiving funding: a legal entity or individual that needs the loan or guarantee, please, be the party for the loan or the guarantee according to the provisions of this regulation in order to implement the project.
Article 8.-capital source of co-financing: Sponsor members using own funds, borrowed capital, mobilized to join the co-sponsors.
Article 9.-the level of participation capital of each co-sponsor members (both loans and guarantees) do the parties co-sponsored the agreement but did not exceed the limit for loans, guarantee for a customer of TCTD which under the provisions of the law.
Article 10.-the principles and conditions to consider co-financing, the determination of the object of co-financing, the time limit for co-funding and interest rate for the loan or the guarantee fee, the conditions of the mortgage, pledge, guarantee is done according to the rules and regulations on credit and on the guarantee of State Bank Governor and this regulation.

Article 11.-TCTD clue was entitled to the fee arrangements on the basis of agreement between the members of co-financing. Fees are calculated on the basis of international practices reference or according to the percentage of interest on funded projects. 
II. SPECIFIC PROVISIONS article 12.-the proposed co-financing for a project: When a legal entity or individual who needs a loan or guarantee, it shall submit the record to suggest that legal or personal TCTD are credit relations, TCTD preliminary assessment, if deemed feasible project and need the co-funding for the project, the expected the TCTD have the possibility of co-financing and invite the same co-sponsors, and submit preliminary evaluation results for credit institutions. When invited to co-sponsor need stating the expected form, the time limit for funding, interest rates, fees and the amount recommended to participate in funding for the project.
Article 13.-Coordination Council funding: during the period by the TCTD offers co-financing proposal, after researching your business loan application TCTD must reply in writing stating opinions agree (or disagree) participate in co-financing. If want to join co-sponsor, TCTD was invited to respond to the specific proposal of TCTD offers co-financing. If there is a lack of the members involved, TCTD offers co-financing can invite the other participating TCTD. After the invited co-funding (not more than two) if: unified the implementation of co-financing, the participation of co-financing TCTD conducted the appraisal document, the loan application by the borrower to decide lending.
If still not unified then TCTD receipt of processing business are as follows: to review the possibility of funding unilaterally if the demand for loans or guarantees do not exceed the limits that the law allows and has enough capital to finance the grants.
If TCTD receipt does not have the ability to unilaterally announce the funding for the business about not able to loan, guarantee, including in the form of co-financing.
In time offers co-financing, on the proposed co-financing can suggest other TCTD loan (guarantee) but must be agreed upon and accepted by the TCTD received.
Article 14.-jointly funded contract 1. The contract of co-financing is committed to writing between the TCTD join co-sponsor on the implementation of the rights and obligations of each TCTD throughout the process of loan-guarantee (co-financing) to implement a project, the content of the contract of co-financing to be consistent with the provisions of the law of economic contracts , the provisions of this regulation and other provisions of the law.
The TCTD join co-financing must be consistent with each other the specific content of the mortgage, pledge, guarantee assets for the account of capital for the party receiving the funding.
2. All agreements, commitments, measures to resolve disputes between members to join co-sponsor (funding parties) are expressed in the contract of co-financing.
3. Members who participate in co-financing must together build this contract and are responsible to comply with the terms of the contract.
TCTD clues are responsible to draft credit contract (or contract of guarantee), the opinions of the members of funding; on behalf of the party to co-sponsor discussion with party funding.
4. The contract violation will be handled in accordance with the law.
Article 15.-credit contract (or contract) between the parties funded with party sponsors: 1. The content of credit contract (or contracts): in addition to the content as a credit contract (or contract of guarantee) that the bilateral TCTD still signed with the borrower of capital, can be added to the name of the sponsor members , is the proportion of the amount of funding, the funding method of each Member and have the signature of the sponsoring member (outside TCTD clue).
2. In the case of loans, the credit contract attached, TCTD clue must sign the loan contract with the receiving party funding for each disbursement.
3. agreement of clue TCTD the parties funding made all the obligations and rights of parties to co-sponsor with the funding recipient is specified in the credit contract (or contract of guarantee).
Article 16.-payback (principal and interest) funding (including the case where the loan is required when TCTD service guarantee for business): 1. the party receiving funding must be active to pay debt (principal and interest) for the term focal TCTD agreed, or pay debt for 3rd party that one or a number of participating TCTD TCTD co-sponsors have guarantee.
2. To the term of repayment (principal and interest) if the party receiving the funding are not actively repaying the TCTD clue to urge parties to receive financial aid to pay the debt. If the recipient fails to repay the funding (and no other agreement), under the agreement of the TCTD co-sponsored, TCTD clue made the rights that the law allows to recover the debt.
3. the party receiving funding can advance repayment term but must inform the TCTD clues and be TCTD clue accepted unless otherwise specified in the contract.
Article 17.-extension of debt, rising interest rates, reducing the cost of co-financing: TCTD clue United with members of funding to tackle the acceptance of proposed repayment before maturity of funding, to extend the debt, reducing interest rates, reduced fees for debt co-financing under the regulation of the State Bank.

Article 18.-responsible for providing all the necessary information related to the process of bronze sponsor of the parties in relation to co-financing: 1. the party receiving the funding are responsible for the full report of the financial situation and its activities for TCTD clues to make the track, check after the co-sponsors;
2. the right clue TCTD timely notice, the full test results of use of capital and the relevant information to the parties, in order to discuss and implement measures to handle when needed;
3. TCTD clue must send a copy of the contract of co-financing and reported the situation to the relevant Bank (Bank inspectors) to monitor and support when needed.
III. ENFORCEMENT of TERMS article 19.-The TCTD says in article 5, in addition to join co-sponsor together according to the provisions of this regulation, also be involved with other TCTD co-sponsors in or outside the country for domestic projects on the basis of ensuring the safety of the money involved co-financing.
Article 20.-based on statute co-sponsored by the TCTD for a project, the Director-General (Executive Director) TCTD implementing organizations and issued guidance documents specifically tailored to the characteristics of each individual activity TCTD.
Heads of units of the central State Bank, Director of the State Bank branch, the city based on the functions and tasks are responsible for directing and monitoring the implementation of this regulation.
Article 21.-the amendment, supplement this regulation by the State Bank Governor decided.