CIRCULAR additional amendments to some articles of the circular No. 42/2009/TT-NHNN dated Jan. 15, 2011 of the State Bank of Vietnam Governor regulates the provision of credit capital of credit institutions to the customer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;
Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;
Pursuant to Decree No. 154/2013/ND-CP DATED 11 November 2013 of government functions, tasks, powers and structure of the State Bank of Vietnam;
At the suggestion of the Director of the credit economy;
The Governor of the State Bank of Vietnam issued a circular amending and supplementing some articles of circular No. 42/2009/TT-NHNN dated Jan. 15, 2011 of the State Bank of Vietnam Governor regulates the provision of credit capital of credit institutions to the customer.
Article 1. Amendments and supplements to some articles of the circular No. 42/2009/TT-NHNN dated Jan. 15, 2011 of the State Bank of Vietnam Governor regulates the provision of credit capital of credit institutions for customers: 1. Article 1 is amended and supplemented as follows: "article 1. The scope and subjects of application 1. This circular regulations: a) syndicated capital of credit institutions, branches of foreign banks, foreign credit organizations for customers implementing investment project business plans (hereinafter referred to as project) in Vietnam; the customer is resident investment projects in foreign countries;
b) syndicated capital without the participation of foreign credit institutions for non-residents make investments in foreign projects.
2. in case of credit capital supply for non-residents make investments overseas project has the participation of foreign credit institutions, credit institutions, credit institutions abroad the agreement in accordance with the regulations on Foreign Exchange Management. ".
2. Clause 2, Clause 3 article 2 be amended and supplemented as follows: "2. syndicated Party capital: includes commercial banks, cooperative banks, the people's credit funds, finance companies, financial leasing companies, foreign bank branches, foreign credit institutions (hereinafter referred to as the institutions) of the same credit level commitment to customers , to perform one or a part of the project.
3. members participate in syndicated capital (hereinafter referred to as members): credit institutions participated in syndicated capital prescribed in this circular. ".
3. Clause 2, Clause 3 of article 3 be amended and supplemented as follows: "2. Members who participate in syndicated capital contribution (or obligation) under the participation rates are specified in the contract, be entitled to the benefits (prescribed fees and interest rates) and share the costs , risks incurred are specified in the contract. The kind of credit capital supply due to credit capital supply side and the customer agreement in accordance with the current provisions of the law of Vietnam.
3. Members syndicated clues which can act as focal members arrange syndicated loans, membership billing, clue clue members get collateral. The membership agreement on membership clue syndicated capital arrangements, Member syndicated capital clue and clue get the secured property in accordance with the current provisions of the law of Vietnam. Foreign credit institutions when granting credit is not made as a payment hub members. ".
4. additional Clause 6 of article 3 as follows: "6. The members (except foreign credit organizations) to ensure compliance with the limits, the rate guarantee safety as stipulated by the State Bank when making credit capital level.".
5. Article 7 is modified and supplemented as follows: "article 7. Regulations on Foreign Exchange Management for syndicated foreign factors inherent syndicated capital cases the involvement of the foreign credit institution or credit capital supply for customers to carry out projects in foreign countries, in addition to complying with the provisions of this circular , the objects specified in clause 1 1 of this circular must comply with regulations on Foreign Exchange Management and other legal provisions concerned. ".
6. Item 2 article 8 be amended and supplemented as follows: "2. in case of need the level of capital credit for customers, credit institutions issuing invitations syndicated capital, accompanied by the relevant documents to send to the credit institutions expected to offer syndicated capital.".
7. Paragraph 3 article 16 be amended and supplemented as follows: "3. the credit institution (excluding foreign credit organizations) have the responsibility to report the situation to the level of capital credit under the provisions of the State Bank on statistical reporting regime applicable to credit institutions, branches of foreign banks.".
Article 2. Abolish annex attached to circular No. 42/2009/TT-NHNN dated Jan. 15, 2011 of the State Bank of Vietnam Governor regulates the provision of credit capital of credit institutions to the customer.
Article 3. Effective enforcement of this circular are effective since June 30, 2016.
Article 4. Organizing Office, Director of the credit industry and the heads of the units belonging to State Bank; Director of State Bank branch in the province, central cities; Chairman of the Board, the Chairman of the Board members and the ceo (Director) credit institutions participate in syndicated capital, and customer is responsible for the implementation of this circular.