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Circular 02/2004/tt-Nhnn: Guide To Make The Delivery, The Recipient Organization's Debt, Households, Individuals Receive Delivery Of The Property Formation By Borrowing Capital To Credit Institutions In The Process Of T. ..

Original Language Title: Thông tư 02/2005/TT-NHNN: Hướng dẫn thực hiện việc giao, nhận nợ của các tổ chức, hộ gia đình, cá nhân nhận bàn giao tài sản hình thành bằng nguồn vốn vay các tổ chức tín dụng trong quá trình sắ...

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CIRCULAR Guide made the delivery, get hold of the debt, households, individuals receive delivery of the property formation by borrowing capital to credit institutions in the process of arranging, innovation and development of agricultural, forestry and State BANK GOVERNOR schools STATE Government regulations made in Decree No. 170/2004/ND-CP on 22/9/2004 about sort development and innovation, agriculture, Decree No. 200/2004/ND-CP dated 03/12/2004 about the arrangement, and state forestry development; State Bank of instructions made the delivery, get hold of the debt, households, individuals receive delivery of the property, orchards, cattle, forest cover formed by the capital of credit institutions as follows: 1. Scope and object 1.1 application. Organizations, households, and individuals receive delivery of the property, orchards, cattle, forest area (hereinafter referred to as the property) that part or all of the value of assets formed by capital credit institutions (hereafter abbreviated as TCTD) of the State farm agricultural enterprises, State, state forestry (hereinafter abbreviated as NLTQD) made the renewal of the organization according to the provisions of article 4 of Decree 170/2004/ND-CP and article 4 of Decree 200/2004/ND-CP is responsible for getting the debt.
Of the debt due to the institutions, households and individuals receiving debt with lending TCTD is outstanding is defined between NLTQD with organizations, households, and individuals TCTD at the time of the transfer of assets, corresponding to the number of NLTQD debt be reduced.
1.2. The State farm, forestry, forest management and business units were created from the conversion of the NLTQD have a responsibility to continue to perform the obligations related to the repayment of that loan was NLTQD the TCTD prescribed in point 3 below.
1.3. The provisions of this circular do not apply to the property delivered by decision 253/2003/QD-TTg dated 01/12/2003 by the Prime Minister on the handing over of roads, electrical systems, hydraulic engineering, school, clinic of the agricultural, forestry and local management of schools.
2. principles, get debt 2.1. The money which the loan NLTQD the TCTD must be preserved during the construction and implementation of the project arrangement, renovation and development of NLTQD of the province people's Committee, the city and the Corporation (hereinafter referred to as the scheme).
2.2. Number of debt principal and interest of loans that the unpaid NLTQD TCTD debt must be identified and receive the full debt.
2.3. in case the property value from the loan (to be determined at the time of NLTQD and reassessment TCTD asset value) less than the loan balance, the NLTQD is obliged to pay the difference or additional joint collateral before handing over the assets and liabilities for the Organization , households and individuals.
3. Determine the debt and get back the debt 3.1. TCTD loans and NLTQD based on the loan schemes, credit contracts, escrow accept debt, accounting data and the value of assets formed from the loan according the actual value to the time of delivery of the loan NLTQD to pinpoint the specific loan debt formed the property handover as the basis for the determination of debt that held , households and individuals get handed to get back the debt.
3.2. Base results determined in point 3.1 above, on the basis of expected delivery of local property or Of the company and the provisions of this circular, TCTD lending in collaboration with NLTQD has outstanding collated the results of calculations with the records relating to the loan because the parties keep to delivery plans , get debt and make a list of the institutions, households and individuals get back the debt to report people's Committee, the city and the Corporation, as a base to console and execute the project.
3.3. in case of delivery of property originated credit capital, the project organiser, innovation and development NLTQD by the provincial people's Committee, the city or the Corporation established to include delivery of projects, debt and the content related to the handover, get the debt according to the principles outlined in point 2 above.
3.4. receiving debt of property on the basis of plans to hand over the assets of the project arrangement, renovation and development of NLTQD granted authority for approval and agreement with NLTQD base on the number of assets forming debit transfer, TCTD (branch TCTD) direct lending and NLTQD build option to hand over the assets and liabilities of the loan in the form of 5.
3.5. The receipt of delivery of the property and get the debt must be conducted simultaneously and must be made in writing between the 3 parties: NLTQD delivery of assets and the transfer of debt; organizations, households, and individuals receiving debt and TCTD. Text stating the content related to the delivery of assets formed from such loans: party, party, quantity, value, delivery, outstanding property loans respectively (root, interest), the reality, the responsibilities of each party in the delivery of the debt repayment obligations, succeeding ...
TCTD lending and every organization, household and individuals get handed the property must complete the profile, the procedure of getting back the debt through the establishment of the credit contract, the contract secured loan and the loan contract with the liquidation of the credit contract and the contract secured loan between TCTD and NLTQD for the outstanding delivery. Here is the procedure to get back the debt, the evaluation has been performed since the TCTD lenders should TCTD can verify again if necessary; The loan term by the TCTD deals with debt and receiver can tune in again on the basis of its own revenue and debt received assets other revenue sources of the client; Loan guarantee mechanisms applied under the existing mechanism.
Organisations, households and workers receive the debt obligation to pay the debts got back the debt with interest the TCTD arises from the original debt.
3.6. The TCTD (TCTD Branch) of your loan back the entire debt of the NLTQD subject to organise under Decree No. 170/2004/ND-CP and Decree No. 200/2004/ND-CP of the Government, set the table situation and repayment of outstanding loans, of agricultural, forestry school ... for each NLTQD according to the model No. 1; Table base according to the model No. 1, TCTD (branch TCTD) loans scheduled summing TCTD loans outstanding against the property from the loan to make delivery of the agricultural market when converted to model No. 2, send 1 a for the State Bank branch the city, and a system of headquarters of the TCTD. State Bank branch in the city, according to the No. 3 Sample synthesis, synthetic TCTD under form No. 4 sent the State Bank (credit).
4. Effective enforcement of this circular effect after 15 days from the Post Gazette.
5. Implementation 5.1. General Manager (the Director) the TCTD directed the branch system in cooperation with the NLTQD in an arrangement and relevant bodies on the implementation of the content related to the delivery of outstanding assets formed by bank loans according to the instructions in this circular; Quarterly, the SBV report (credit) on the delivery of debt relief, debt handling results according to rearrange plans are approved by the authority.
5.2. The Director of the State Bank branch of the general situation in the city, hand over the residual debt, as prescribed in this circular of the local NLTQD in an arrangement under Decree No. 170/2004/ND-CP and Decree No. 200/2004/ND-CP to provincial people's Committee recommendations the city, in the direction the TCTD (TCTD Branch) and the National School of agriculture and forestry business done right the relevant text.

5.3. The Chairman of the provincial people's Committee, the central cities; The heads of the units belonging to State Bank; Chairman of the Board and Chief Executive Officer (Managing Director) of commercial banks; Chairman of the Board and Director General of State Corporation; the State farm, the State's agricultural business, the business of forestry, forestry companies, forest management and other relevant units responsible for the implementation of this circular.
5.4. In the process of implementation if having difficulties and obstacles, the TCTD, State Bank branch in the city, reported the State Bank (credit) to consider and resolve.