Decision 71/1998/qd-Nhnn21: On The Enactment Of Regulations On Pledge Of Assets Of The Credit Institution Loan From The Rural Development Fund Financed By Wb

Original Language Title: Quyết định 71/1998/QĐ-NHNN21: Về việc ban hành Quy định về cầm cố tài sản của các tổ chức tín dụng vay vốn từ Quỹ Phát triển Nông thôn do WB tài trợ

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The decision on issuing regulations regarding the pledge of assets of the credit institution loan from the rural development fund financed by WB GOVERNOR STATE BANK based the Civil Code of the Socialist Republic of Vietnam;
Pursuant to the State Bank of Vietnam Ordinance and the Ordinance on banks, credit cooperatives and financial companies on May 24, 1990;
Based on credit agreement No. 2855-VN development between the Socialist Republic of Vietnam and the International Development Association, the World Bank;
Pursuant to Decree No. 15/CP dated 8 March 1993 from the Government about the rights and responsibilities task state management of ministries, ministerial agencies;
To base the decision of the Governor of the State Bank of 47/QD-NH21 on 28/2/1997 on regulations and use of the rural development fund;
Pursuant to decision No. 1641/QD-TCCB on 27/11/1995 of the Governor of the State Bank allocated for project management the Bank made wholesale banking functions of the project "rural finance" sponsored by the World Bank;
According to the proposal of the head of the Management Board of Bank projects;
 
Decision: article 1.-attached to this decision "rule on the pledge the assets of the credit institution loan from the rural development fund financed by WB".
Article 2.-this decision is effective from 19 February 1998.
Article 3.-Office of the Governor, head of the Management Board of Bank projects, Chief Inspector, Director of economic research, the Director of the Exchange Bank, Director of the financial institutions and the heads of the relevant units in the central State Bank , Director of the State Bank branch, city, General Manager (the Director) the credit institution loan from the rural development fund is responsible for the implementation of this decision.
 
REGULATIONS REGARDING the PLEDGE of ASSETS of the CREDIT INSTITUTION LOAN FROM the RURAL DEVELOPMENT FUND FINANCED by WB (attached to decision No 71/1998/QD-NHNN21 on 19 February 1998 of the Governor of the State Bank) i. GENERAL PROVISIONS article 1.-this policy is applicable to the loans-Merchant Bank's credit for the credit organizations operating in Vietnam were selected to participate and loans from the Fund for rural development in the framework of rural finance project funded by WB (PTNN Fund).
Article 2.-the State Bank loan only for the selected credit institutions as defined in article 1. The credit institution must ensure the possibility of repayment and implementation regulation of the State Bank in the text display.
II. The SPECIFIC PROVISIONS of article 3.-the property used to pledge include: 1. The vouchers are priced as: bills, Treasury bills, bonds, bank bonds;
2. Foreign currencies in USD (or other foreign currency bank acceptance);
3. Gold, silver or precious stones.
Article 4.-the property must pledge the following criteria: 1. the Bills, Treasury bonds; Bills, State Bank bonds: there are enough elements of the Bills, bonds by the Ministry of finance or the State Bank regulations and not to the time limit for payment.
2. The time limit for payment of vouchers remaining duration is the pledge of the Bills, Treasury bonds; Bills, State Bank bonds. In principle, the time limit for payment of the mortgage documents need to be longer than or equal to, but can also be shorter than the time limit for the loan from the RURAL DEVELOPMENT Fund. The case of the time limit for the rest of your short term loan documents from organizations PTNT Credit Fund loans need to comply with article 7 of this regulation.
Article 5.-before applying for loans from the Fund for rural development, credit institutions should conduct registration category certificate from the pledge (form 01/CTCC) and foreign currency (according to the model 2, NTCC attached) with the State Bank.
The registration before the witness list from the pledge was conducted at the State Bank or State Bank branch in the province, the city is authorized (in writing) and a credit institution to open an account.
Within 6 days from the date of the vouchers by credit institutions. Transaction State Bank, the State Bank branch, the city must complete to consider evidence from pledge and notify the credit institution documents eligible for pledge. The qualified certificate from the pledge was put into the list of qualified certificate from the pledge and was Director of the Exchange Bank or bank branch Director of the State Department, the city confirmed.
When applying for a loan from the RURAL DEVELOPMENT Fund, accompanied by an application for loans, credit institutions need to submit to the Management Board of the Bank project portfolio of the vouchers were confirmed eligible for pledge.
Article 6.-the level of loan money from the Fund and RURAL DEVELOPMENT must not exceed 80% of the value of the papers and vouchers have been price pledge. The case is the pledge assets in foreign currencies, the maximum lending rate from Funds RURAL DEVELOPMENT can by 90% of the total value of foreign currencies is the pledge.
Article 7.-for the vouchers are used to pledge when debt collection or payment due but loan from RURAL DEVELOPMENT Funds have yet to expire, the repayment at the latest 10 days before the certificate from the pledge to the payment or debt collection, credit institutions must replace, convert these documents using the new vouchers are eligible as defined in article 4 of This regulation until paying off debt loans from State banks to fund RURAL DEVELOPMENT.
Following the time specified above, credit institutions loans no proof from replacing the State Bank will apply penalties under the interest penalty is prescribed in article 9 of this regulation.
Article 8.-store, manage and preserve evidence from pledge: 1. Delivered to the Director of the Exchange Bank or bank branch Director of the State Department, the city where the credit institution has its head office conducted the review, monitoring, management and storage of evidence from pledge of credit institutions when borrowing from the Fund and RURAL DEVELOPMENT.
2. The delivery received, stored and preserved bills, Treasury bonds; Bills, State Bank bonds are made according to the regulations of the Governor of the State Bank.
Article 9.-When to repay, credit institutions must repay the full loan amount (principal and interest) to be clear documentation. If past due to credit institutions will not get the loan from the RURAL DEVELOPMENT Fund and overdue interest rate as specified in the credit contract was signed between the project management of banks with credit organisations and the State Bank will handle the vouchers have pledge to recover the debt principal and interest.
Article 10.-when the credit institution has paid off the debt loan from RURAL DEVELOPMENT Funds (principal and interest), the management of the projects the bank informs the transaction manager State Bank, Bank branch manager of State concerned to pay back vouchers for credit institutions. The case of credit institutions do not pay enough loan debt then handled according to article 9 of this regulation.
Article 11.-Any amendment, supplement this regulation by the State Bank Governor decided.
 
MODEL 011/CTCC REGISTRATION CERTIFICATE FROM the PORTFOLIO PLEDGING to ASK for LOANS FROM the FUND and RURAL DEVELOPMENT TCTD Name or branch of the TCTD...............................
Unit registration name (transaction SME, SME, branch) ....

S TT Name certificate from the certificate from the Number of units issued certificate from certificate issue date from the expiration date of the certificate from (day/month/year) the original value of the export gains Rate certificate from the time validity of the certificate from the 1 2 3 4 5 6 7 8 9 1. Bills, Treasury bonds



 



 




 



 



 



 



 



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...., ngày... tháng... năm 19...
General Manager (Director) (full name, sign, seal) SAMPLE 2, NTCC CATALOG EXCHANGE SIGN PLEDGE to APPLY for LOANS FROM the FUND and RURAL DEVELOPMENT TCTD Name or branch of the TCTD...............................
Unit registration name (transaction SME, SME, branch) ....
 

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...., ngày... tháng... năm 19...
General Manager (Director) (full name, sign, seal)