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Circular 03/2005/tt-Nhnn: Guide To Leasing Companies Make Restructuring The Repayment Period, Transfer The Overdue For Leasing Activity

Original Language Title: Thông tư 03/2005/TT-NHNN: Hướng dẫn các công ty cho thuê tài chính thực hiện việc cơ cấu lại thời hạn trả nợ, chuyển nợ quá hạn đối với hoạt động cho thuê tài chính

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Circulars and financial leasing companies make restructuring the repayment period, transfer the overdue for leasing activity implement the provisions of article 42 of Decree 21/2001/ND-CP dated 2/5/2001 of the Government on the organisation and operation of financial leasing firms and to ensure uniformity of legal provisions with regard to other forms of credit supply, the State Bank of Vietnam to lead leasing company made restructuring the repayment period, transfer the overdue for leasing activities as follows: 1. financial leasing companies make restructuring the repayment period for financial leasing contracts under the two following methods a. adjust the repayment term is the leasing companies approved to change the term of repayment within the time limit of lease finance agreed earlier in the financial leasing contract, that the final repayment term doesn't change.
b. debt rescheduling is the leasing company approves extended by a period of financial lease repayments exceeded the agreed rental term earlier in the leasing contract.
2. financial leasing companies make restructuring the repayment period, transfer the overdue for financial leasing contracts as follows: a. financial leasing companies to decide the restructuring the repayment period on the basis of financial ability and results the ability to repay the party for the case :-financial lease does not have the ability to repay the principal and/or interest on financial lease right term of repayment within the time limit agreed in the lease contract of financial leasing and the financial leasing company was rated as having the ability to repay in the next term , the leasing companies consider adjusting the repayment term of principal and/or interest on financial lease.
-Finance lease not able to pay off the debt principal and/or interest on financial lease time for the rent agreed in the contract of financial leasing and leasing company reviews is likely to pay the debt within a certain period of time after the deadline for rent , the leasing company considered for renewal of term debt consistent with the possibility of repayment of the lease.
 
Financial leasing companies classify the entire original balance financial rent has rentals-party debt restructuring on the appropriate debt group, set up and use the reserve to handle credit risk according to the regulations of the State Bank of Vietnam.
 
b. the case of financial lease debt not agreed in the contract of financial leasing and leasing company reviews is not capable of repaying over a certain period of time after the deadline for the rent, not approval to restructure the repayment period , the original balance of the contract of financial leasing which is overdue; financial leasing companies classify the entire original balance of financial lease rent on the appropriate debt group, set up and use the reserve to handle credit risk according to the regulations of the State Bank of Vietnam.
 
3. financial leasing companies must enact the process of restructuring the repayment period consistent with the provisions of this circular, the relevant law on financial leasing activities and submit to inspection of State Bank immediately after promulgation.
 
4. for financial leasing contracts are restructuring the repayment term, financial leasing companies to report under the provisions of the State Bank of Vietnam statistics reporting regime applicable to credit institutions.
 
5. Implementation: a. This circular effect after fifteen days from the date of public notice and replacing circular No. 01/2003/TT-NHNN dated 28/1/2003 instructions perform the adjustment term of repayment, the repayment extension, transfer of debt overdue for leasing activities.
b. financial leasing company deals with financial lease to supplement the rules on restructuring the repayment period for financial leasing contracts concluded before the date of this circular are enforceable. The case does not deal with the lease, the leasing company to consider overdue transfer decision with regard to contracts of financial leasing does not pay the debt under the provisions of this circular to the sort of debt, set up and use the reserve to handle risk , but do not change the content in the leasing contract agreed before then.
 
c. the Chief, Director of Legal Affairs, Director of monetary policy and the heads of the units belonging to State Bank; Director of State Bank branch in the province, central cities; The Board, the Director-General (Executive Director) financial leasing companies are responsible for the implementation of this circular.