the State Bank of Vietnam Socialist Republic circulars implementing decree 178/1999/ND-CP ngày29/12/1999 the Government secured loan of tíndụng institutions pursuant to article 39 paragraph 1 of Decree 177/1999/ND-CP on October 29, 1999 12năm of the Government about loan guarantees of credit institutions (after đâygọi off the is Decree No. 178) , Governor of the State Bank hiệnNghị this practical guide as follows: chapter I GENERAL PROVISIONS section 1 SCOPE and OBJECT APPLIES 1. This circular guide on secured loan measures applied in the cáctổ function of credit grade credit in the form of loans to customers vaytheo the provisions of the law on credit institutions.
1.1. credit institutions including: credit institutions, credit institutions cổphần, cooperative credit institutions (Cooperative Bank, the people's credit funds, credit communal hợptác) credit institutions, branches of the Bank in Vietnam ngoàihoạt water, non-bank credit organization 100% foreign capital.
1.2. Borrowers include: a) The entity is not a credit institution: State enterprise, the tytrách limited, company, corporate, foreign investment, cooperative, economic institutions and the other organizations that qualify as phápnhân according to the provisions of article 94 of the civil code;
b) households;
c cooperation);
d) private business;
DD) partnerships;
e) individuals.
2. where the granting of credit in other forms prescribed by the law of The uk credit, the parties may agree to apply the provisions on remedies and phápbảo make sure to follow the instructions of this circular, except by law địnhkhác.
Section 2 MEASURES Biệnpháp SECURED LOAN secured loan includes secured loan measures by the property and loan bảođảm in the case of loans secured by the property.
1. measures to guarantee the loan with assets: 1.1. Pledge of assets by mortgage borrowers;
1.2. Guarantee by third party property;
1.3. Secured by the assets formed from the loan.
2. measures to guarantee the loan in case the loans not guaranteed by the property cóbảo: 2.1. Credit institutions actively choose borrowers to loan no đảmbằng property;
2.2. Credit institutions of the State are not loans secured by the property specify the Government;
2.3. Credit institutions for poor households, personal loans are guaranteed by the Organization's tínchấp political-social unions.
Item 3 the PRINCIPLE of SECURED LOAN 1. Credit institutions have the right to choose, decide whether loans secured by tàisản, loans not secured by assets under the provisions of the Decree 178 vàchịu responsibility for his decisions. The case of credit institutions nướccho home loans not secured by assets as directed by the Government, then the loss thấtdo objective causes of this loans processed by the Government.
2. Borrowers are choosing credit institutions loans no secured by tàisản, if in the process of using the loan, credit institutions detect violations committed customers hàngvay in the credit contract, the credit institution has the right to yêucầu borrowers make the measures secured by property or revoke the nợtrước limit.
3. Credit institutions have the right to handle the property secured loan under the provisions of Nghịđịnh and 178 of the law relevant to debt collection when hàngvay or the guarantor does not make or carry obligations the incorrect pay nợđã commitment.
4. after processing the property secured loan, if the borrower or party lãnhvẫn not done properly, then the repayment obligations of the borrower or the party responsible lãnhcó continue to perform properly the repayment obligation was committed.
Section 4 PROTECTION of the RIGHTS and LEGITIMATE INTERESTS of the Nhànước PARTY the protect the rights and legitimate interests of the parties in the secured loan. Not an organization, individuals would be unlawful intervention on keeping loan đảmtiền and the disposal of property secured loan of the parties.
 
Chapter II GUARANTEE LOAN MORTGAGE, PLEDGE ASSETS of the BORROWER, GUARANTOR by THỨBA PARTY ASSETS section 1 PRINCIPLE of SECURED LOAN by PROPERTY pledge, THẾCHẤP 1. Borrowers must pledge, mortgage or property must be third party protected lãnhbằng property to ensure service in repayment for credit institutions trừtrường, customer loans held loan credit secured by your sảnhình up loans or no loans secured by the assets pursuant to Decree No. 178 địnhcủa and guidance of this circular.
2. Credit institutions and customers loans agreement measures selection bảođảm by property pledge, mortgage borrowers or guarantors with your third-party sảncủa.
3. Credit institutions have the right to choose the assets eligible to do ensure tiềnvay; third party guarantee selection by property for the borrowers. Third school of hợpbên guarantee by property for borrowers as personal, nướcngoài entity, then the implementation must guarantee compliance with the provisions of Decree số178, of this circular and the other legal texts concerned, except trườnghợp of international treaties to which the Socialist Republic of Vietnam signed or giacó other rules.
4. Guarantor the guarantee only by his owned property. Tíndụng organization and guarantors can pledge measure agreement, củabên property mortgage guarantee to ensure the service guarantee.
Trườnghợp is the guarantor of the credit organization, shall perform the prescribed guarantee Bank leader vềbảo in articles 58, 59, 60 and 79 of the law on credit institutions and regulation of the State Bank of Vietnam.
5. When the mortgage assets tied to the land, to mortgage borrowers at all reviews land use trịquyền along with the property, except as the law of land related law vàpháp otherwise stated.
Section 2 CONDITIONS, procedures DONE SECURED LOAN by PROPERTY pledge, MORTGAGE, guarantee CLIENTS with ASSETS of THIRD PARTIES 1. The assets of the borrowers used to secure the loan pledge assets 1.1.: a) machinery, equipment, raw materials, fuel, materials, consumer goods, kim khíquý, precious stones;
b) of foreign currency in cash, the balance on deposit accounts in credit institutions bằngtiền Vietnam, foreign currency;
c) bonds, stock, bills, promissory notes, certificates of deposit, savings book, thươngphiếu, the other papers are worth money; particularly for stocks củachính credit institutions issuing the credit institutions that do not get làmtài products of pledge;
d) property rights arising from copyright and industrial property rights; đòinợ rights, the right to receive insurance money, other property rights arising from hợpđồng or from other legal bases;
DD) rights to shares in the business, including in foreign-vốnđầu Enterprise;
e) natural resource exploitation Rights as prescribed by law;
g) ships under The maritime law prescribed aircraft, Vietnam củaLuật Vietnam civil aviation in case was the pledge;
h) other assets under the provisions of the law.
Lợitức and the rights arising from the property in the property also pledge pledge, if cácbên have agreed or stipulated by law; đượcbảo pledge assets case, the insurance cost of insurance also property pledge.
1.2. Collateral: a) houses, buildings attached to land, including the properties associated with the nhàở, buildings and other properties associated with the land;
b) land use rights land legislation which regulates mortgage;

c) where the entire mortgage assets, the supporting characters that also in the mortgage tàisản. In the case of a partial mortgage real estate extra, extra thìvật material only available in the collateral, if the parties have agreed;
d) ships under The maritime law prescribed aircraft, Vietnam củaLuật Vietnam civil aviation in the case is a mortgage;
DD) other assets under the provisions of the law.
Hoalợi, interest and the rights arising from collateral property is also part of thếchấp, if the parties have agreed or stipulated by law; your sảnthế case accept the insured the insurance funds also in collateral.
1.3. The property guarantee of a third party user Tàisản to guarantee service guarantee by the property baogồm property as specified in points 1.1 and 1.2 of this Entry point.
2. Credit institutions choose the property pledge, mortgage, guarantee đốivới property has the following conditions: 2.1. Properties are owned by the borrowers, guarantors. Hợptài school property which the law to register ownership of the borrower, the head bênbảo must have the certificate of ownership of the property. For dụngđất rights, borrowers, guarantors must have certificates of land use vàđược the mortgage pursuant to the law of the land. With regard to the property that nướcgiao Houses for SOE management, use, business thếchấp, pledge, guarantee according to the provisions of the law on State enterprises and other related phápluật;
2.2. The property allowed the transaction Tàisản transaction allowed the property to which the law allows or does not prohibit buy, sell, donate, transfer, assignment, pledge, mortgage, guarantee and cácgiao room;
2.3. no property dispute Tàisản there is no dispute about the legal rights and obligations in relation to France luậttại the time of the signing of the contract of guarantee. Borrowers, guarantors must camkết written with credit institutions regarding the property pledge, mortgage, bảolãnh there is no dispute at the time of signing the contract and be warranties tráchnhiệm before the law about her commitments;
2.4. regulated assets that are insured, the borrowers, party lãnhphải buy property insurance within the secured loan. 
3. The selection of the third party guarantee by property 3.1. Credit institutions have the right to choose a third-party guarantee by the property (called bênbảo) to guarantee for borrowers. Guarantors must have the kiệnsau thing: a) Has the capacity of civil law for the guarantor is legal; lựcpháp capable of civil law and civil behavior capability for guarantor as individuals;
b) capable of capital property, to perform the obligation of the guarantee.
3.2. The guarantor mortgage, pledge or no pledge assets, mortgage sảnđể financial guarantee service guarantee is due to credit institutions and party lãnhthoả. Case the guarantor does not have to pledge assets as collateral, thìcác parties can agree on the side guarantee our commitment to bảođảm measures by the property if within the time limit of guarantee credit institutions detect bênbảo head of the inability to perform duties guarantors. Lãnhcầm party case, mortgage the property to perform the obligation to guarantee the content, its tụcthực as prescribed for the pledge, mortgage assets of the borrower.
3.3. the lending credit institution not acceptable guarantee of the quyđịnh object in the clause 1 Article 77 of the law of credit institutions to do tíndụng levels for borrowers, including: a) the members of the Management Board, supervisory board, General Director (Director), Deputy Director, Tổnggiám (Deputy Director) of the credit organization;
b) Who assess and approve the Organization's loans credit loans;
c) parent, wife, husband, children of members of the Management Board, supervisory board, Tổnggiám Director (Director), Vice President (VP) of credit institutions chovay.
4. The mortgage of land use is made in accordance with the law vềđất the belt.
5. Credit institutions check the legality and the conditions of the property when the get tàisản do secured loan.
6. The contract of pledge, mortgage, guarantee (referred to as the guaranteed contract) must đượclập into the text; may be made in writing or recorded in the contract of tíndụng; for the contract of guarantee by the property must be made in writing.
7. Procedure of contract of pledge, mortgage and guarantee 7.1. The contract of pledge, mortgage, guarantee by certified property of The chứngNhà water or endorsement of the people's Committee of the authority, if the positive cóthoả party; in case the law stipulates must be certified or chứngthực, then the parties must adhere.
Uỷban competent people endorse the pledge contract, mortgage, lãnhlà the level of people's Committee that the law on notary regulations have the right real hạnchứng the contract of pledge, mortgage, guarantee by property.
7.2. where SOE pledge, mortgage assets is the entire line chuyềncông main technology as specified by governing body the economic-technical industry, thìphải has the text agreed by the Agency decided to set up the business.
7.3. for the property as pledge of goods in the process of producing, importing, then the borrowers, guarantors are only sold in case of chấpthuận of credit institutions receive the pledge. With regard to the property that chấplà houses, buildings for sale, to rent, the borrower, sold only bảolãnh party, in case of approval by uk credit get mortgage.
7.4. in case of pledge of property rights (copyright, industrial property rights, quyềnđòi debt, the right to receive insurance money, rights to shares trongdoanh, the right to exploit resources ...), then the borrowers, party lãnhphải delivered to credit institutions a key proof of property rights đóvà must notify the third person obligated on the mortgage the right to the property.
7.5. The registration transaction guarantee for property pledge, mortgage, guarantee thựchiện under Decree No. 8/2000/ND-CP on 10/3/2000 the Government posted the kýgiao room guarantee and relevant legislation.
8. content of the contract of pledge, collateral and guarantees 8.1. Contract of pledge, mortgage the property must have the following principal contents: a) the name, address of the parties; day, month, year;
b) obligation to be secured;
c) describes the property pledge, mortgage: category, quantity, type, kỹthuật characteristics, yield, interest arises; If is real estate, land use, thìphải specify the location, area, the boundaries, the extra objects attached;
d) value of the assets to pledge, mortgage: specify the value of the assets to pledge, thếchấp according to the defined text attached property value that the parties have agreed upon certain thuậnxác or hire consulting organization, professional organization defined;
DD) Party holds the property, the property's mortgage papers, mortgages;
e) rights, obligations of the parties;
g) The agreement on the case handle and method of disposal of assets to pledge, thếchấp;
h) other agreements.
8.2. The contract of guarantee by the property must have the following principal contents: a) the name, address of the parties; day, month, year;
b) obligation to guarantee, the guarantee scope: record numbers, days, months, years tíndụng contract; the amount of guarantee (part or all of the debt obligation);
c) category, quantity, type, characteristics, value of the assets of guarantee;
d) rights, obligations of guarantor, credit guarantee organizations;
DD) property disposal methods guarantee;

e) committed by the guarantor of the implementation of the obligation to pay the debt instead of hàngvay when guests come to term that the borrower does not perform or improperly nghĩavụ repayment;
g) commitment of the guarantor on the disposal of assets or guarantee as to the limits that we happen to be the obligation of the guarantee;
h) other agreements.
Section 3 rights, OBLIGATIONS of the PARTIES when the PLEDGE, mortgage, guarantee by PROPERTY to SECURE the LOAN of 1. Rights, obligations of the parties when property pledge 1.1. Rights of the borrower: a) exploit uses, benefiting from the property pledge if there is agreement, except trườnghợp also return property pledge, if the borrower holds mortgage assets;
b) requires credit institutions to stop the use of assets to pledge, if due to use of màtài products of the pledge are at risk of losing value or decrease the value, in trườnghợp credit institutions hold and use property;      
c) requires credit institutions to hold property, papers on the property to pledge compensation thườngthiệt harmful if lost, damaged;
d) require third party holds assets to pledge compensation if lost, hưhỏng;
DD) get back property pledge, certificate of ownership of the property pledge (if available) when completing the secured obligation, in the case of credit institutions the third hoặcbên.
1.2. The obligation of the borrower: a) informs credit organizations about the rights of a third party for pledge assets (if any);
b) properties and the originals of certificates of ownership of assets (if any) for the use of chứctín holding, except where property ownership registration prescribed in Section 6 of this Chapter điểm1;
c) make secured transactions registry under the provisions of the law;
d) payment for credit institutions the cost of preserving the property pledge, unless other agreement hợpcó;
DD) may not sell the property, except property as pledge of goods in production installation shouldn't be sold with the approval of credit institutions nhậncầm. In this case, the borrower must use the right to reclaim the debt, the amount thuđược, property gained from the sale of goods rotation, rotation property mớilàm property secure replacement for the goods sold or rotation of repayment for the UK credit;
e) Not be Exchange, donation, lease, loan, venture capital sảncầm financial contribution; not use pledge property to secure other obligations, except for the trườnghợp registered property ownership as specified in point 3 section 5 Chươngnày;
g) stop using pledge assets as required by the credit institution, if due next tụcsử use of that property which has the risk of loss of value or decrease the value;
h) where the borrower holds mortgage assets to preserve safe and favorable for tạođiều credit institutions check the property; If lost, the hưhỏng, to complement the secured property, replaced by measures to ensure repayment before maturity kháchoặc;
I) the case of the property lost, damaged pledge that the assets that were insured, thìkhách borrowers must coordinate with institutions conducting the procedure of nhậntiền insurance from insurance organizations to pay debt for credit institutions. If khoảntiền received from insurance institutions are not yet sufficient to pay the debt, then the additional phảibổ borrowers secured property, replaced by other warranties or remedies to repay trướchạn.
1.3. The right of credit institutions: a) to hold the property pledge; the case of registered property ownership, you can thoảthuận to borrowers, holding and use of third-party assets to pledge, but the UK credit must hold a certificate of ownership of the property;
b) require borrowers to provide information about the status of the property pledge loan customers in high hold property;
c) exploit uses, benefiting from the property in pledge case chứctín nest holds the assets to pledge, if the parties have agreed;
d) require the borrower or a third party holds assets to pledge to stop using the vàbổ supplements the property pledge or replaced by another guarantee measures if your trying to lose sảncầm, damaged; If the borrower or a third party does not make đượcthì credit institutions are debt collection before maturity;
DD) property disposal pledge to debt collection under the provisions of the law.
1.4. Obligations of credit institutions: a) the safe preservation of property and pledge of property papers, in the case of the nest chứctín holds;
b) not sell, Exchange, donation, lease, loan, venture vàdùng capital contribution of assets to ensure the implementation of the other obligations, in case tíndụng organisation holds;
c) not exploit uses, benefiting from the property pledge, if not đượckhách the borrower agree. don't continue to exploit uses, benefiting tứctừ property pledge, if the continuation of the exploitation risk losing hoặcgiảm shot value the value, in the case of credit institutions holding;
d) compensation for borrowers if lost, damaged the property on the property sheet hoặcgiấy pledge pledge, in the case of credit institutions holding;
DD) return the property pledge, pledge of property papers for borrowers when clients complete loan obligations are guaranteed, in the case of credit institutions dụnggiữ.
1.5. The rights of a third party holding assets pledge: a) Received compensation and the payment of the cost of keeping and preserving the property by mutual agreement thuậncủa parties;
b) uses and benefit immediately from the property pledge, if the party has thoảthuận, unless the return is also in the property pledge. 343245561.6. Vụcủa means third parties keep pledging assets: Bênthứ three hold assets to pledge the obligations as obligations of credit institutions dụngtrong the case hold assets to pledge as defined in point 1.4 of this Item.
2. Rights, obligations of the parties when the mortgage assets 2.1. Rights of the borrower: a) exploit uses, enjoy the flowers, the return from the collateral, unless hợphoa interests, interest also in collateral, in case the customer vaygiữ collateral;
b) rent, loan collateral, if there is agreement or by law quyđịnh;                     
c) requires credit institutions to hold property, papers on compensation hạinếu property collateral, collateral papers about lost, damaged;
d) require third party holds assets in damages if collateral damage, bịmất;
DD) get back property, papers on collateral when the obligation is bảođảm, in the case of credit institutions or third parties.
2.2. Obligations of borrower: a) notification to receipt of mortgage credit institutions on the rights of third parties (if any) for collateral;
b) collateral (if the parties have agreed upon); original delivery paperwork vềtài mortgage for credit institutions; c) perform the maintenance transaction đảmtheo registration provisions of the law;
d) where the borrower keeps the property cannot be sold, except for property chấplà home, buildings for sale, to rent, then the borrower can sell, lease if the credit institution approved in writing. In the hợpnày field the borrower must use the right to reclaim the debt, the proceeds, gotto get assets from the sale of the property make sure to replace property for the property has sold hoặctrả debt for credit institutions;
VND) Exchange not, donation, lease, loan, venture capital sảnthế financial contribution; no collateral is used to secure other obligations, trừtrường for registered property ownership as specified in point 3 of this Chapter Index;                  
e) Created favorable conditions for the Organization of credit check collateral;

g) not convert, transfer, leasing of land use rights land use vàphải mortgage has the right aim, not destroy reduces the value of the land;
h) in the event the borrower holds mortgage assets they must preserve, adopt the necessary measures, including having to stop the exploitation, if the tiếptục exploitation risk losing value or decrease the value of the property thếchấp. Case the borrower holds mortgage assets, if the loss, damage or repair thìphải to restore the value of the secured property, Supplement, replace with biệnpháp other warranties or repayment before maturity of the credit organization;
I) case of collateral damage, that the property was covered, thìkhách borrowers must coordinate with institutions conducting the procedure of nhậntiền insurance from insurance organizations to pay debt for credit institutions. If khoảntiền received from insurance institutions are not yet sufficient to pay the debt, then the additional phảibổ borrowers secured property, replaced by other warranties or remedies to repay trướchạn.
2.3. The right of credit institutions: a) Keep papers on collateral; keep the collateral in case the bêncó agreement;
b) require borrowers to provide information about the real situation in high combined hold collateral assets;
c) exploit uses, enjoy the flowers, the return from mortgage assets under thuậntrong the case hold the collateral, unless the United States benefit, return on cũngthuộc collateral;           
d) require the borrower or third parties hold collateral must stop using additional collateral and or replaced with other assurance measures if mortgage tàisản lost, damaged; If the borrower or a third party does not thựchiện be the credit organization be debt collection before maturity;
DD) handle collateral for debt collection as specified by the law.
2.4. Obligations of credit institutions: a) preserve security collateral and papers on collateral, credit institutions trườnghợp in keep;
b) not sell, Exchange, donation, lease, loan, venture capital contribution hoặcdùng collateral to guarantee the implementation of other obligations, in which case the UK keep credit;
c) not continue to exploit the use of the collateral, if the tụckhai waterfall in danger of losing the value or decrease property values in trườnghợp credit institutions holding;
d) compensation for borrowers if lost, damaged property chấphoặc papers on collateral, in the event of a credit organization keep;
DD) return collateral, papers on collateral for khikhách borrowers borrowers complete the secured obligation, in which case the Organization tíndụng keeping.
2.5. The rights of a third party hold collateral: a) received the remuneration and payment of expenses to preserve, the preservation of the property thoảthuận of the parties;
b) exploited the use and enjoyment of the flowers, the return from the collateral, if cácbên have agreed, unless the United States benefit, interest in collateral as well.
2.6. the obligations of third parties hold collateral: Bênthứ three hold the collateral the obligations as obligations of credit institutions dụngtrong the case hold the collateral specified in point 2.4 of this Item.
3. Rights, obligations of the parties when adopting measures to guarantee bằngtài production 3.1. Rights of guarantor: in high mix guarantor mortgage, pledge assets to secure implementation of vụbảo meaning head, then have the rights as the right of borrowers when the pledge, the chấptài property defined in this Section 2.1 and 1.1 points.
3.2. The obligation of the guarantor: a) the repayment of the loan clients behalf as pledged, if limited to that vaykhông made or done incorrectly the repayment obligation;
b) in case of a guarantor mortgage, pledge assets to secure food service hiệnnghĩa has other obligations as obligations of borrower khicầm issue, asset forth in this Section 2.2 and 1.2 points.
3.3. The right of credit guarantee organization: a) requires parties to guarantee repayment of the loan clients behalf as pledged, if to hạnmà borrowers not done or done incorrectly the repayment obligation;
b) in case of a guarantor mortgage, pledge assets to secure food service hiệnnghĩa has other rights such as the right of credit institutions when nhậncầm tries, mortgage the property specified in 1.3 and 2.3 points in this Category.
3.4. Obligations of credit institutions: in high mix guarantor mortgage, pledge assets to secure compulsory vụbảo the head, then the obligations such as the obligation of credit institutions when the pledge, mortgage assets of the borrower specified in points 1.4 and 2.4 of this Item.
Section 4 DEFINES the VALUE of the PROPERTY SECURED LOAN 1. secured loan assets must be determined at the time of signing the value of secure hợpđồng; determining the value of the property at this point just to make sởxác lending quota mechanism of the credit institution and do not apply when processing the property debt đểthu. Determining the value of property secured loan must be established thànhvăn a contract with guaranteed.
2. for property secured loan is not right to use the land, then the xácđịnh property value secured loan due to the parties to the agreement, or the chứctư nest rental advice, professional organization identified on the basis of the market price at the time of xácđịnh, there are references to the kind of price as the price regulation of the State (if any) , giámua, the value left on the bookkeeping and other elements of the price.
3. The value of land use rights as collateral is determined as follows: 3.1. State land was given to households and individuals to produce lâmnghiệp, agriculture, aquaculture, salt; in the land; land use; land that hosted the international chứckinh the assignee the right to use legitimate land from other people or đượcNhà water delivery charge that land use land use money or receive money chuyểnnhượng of land use that are not caused by the State budget; ground that the personal, giađình households received transfer of land use rights from the other legal hoặcđược the State of affairs there collect money using the land, then the land use thếchấp value is determined by the price of land of the provincial people's Committee, the thuộcTrung central cities issued at the time of the mortgage application;
3.2. State Land to households and individuals to hire that paid land rent for rental cảthời; State land for economic organizations have paid rental đấtcho rental at all period that land lease which is not due to the State budget; State đấtđược for households and individuals rent paid land rent for many nămmà land rent paid for the period of rest of at least 5 years; the ground was home to nướccho economic organizations have paid land rent rental for many years that time thuêđất have paid rest for at least 5 years and not land lease by sáchNhà water level, then the value of land use include mortgage loss compensation hạikhi the State land for rent (if any) and the land rents paid to the nướcsau when the minus land lease has paid for time use;
3.3. State Land for economic organizations, foreign individuals, the Vietnam địnhcư in foreign investment in Vietnam by foreign investment law Namthuê, when the mortgage value of land use right associated with the property owned by his hữucủa has invested to build on that land , then the value of land use that chấpđược determines according to the amount of land rent paid to the State after subtracting money thuêđất has paid for time use;

3.4. The land to be handed to state economic organizations does not collect money using the land to sửdụng to the purpose of agriculture, forestry, aquaculture, salt; the land is State for economic organizations, households and individuals rent paid annually or ground tiềnthuê have paid land rental for many years that time đấtđã rental paid rest under 5 years , then the value of collateral does not calculate trịquyền use land;
3.5. in case of collateral value of land use right or land rent which are exempt, giảmtiền land rent under the provisions of the law, then the value of land use thếchấp be calculated according the value soil rental before being waived, reduced.
4. The collateral value of land use on soil that has an attached property, the thìgiá property value secured loan include the value of land use right and property trịtài price attached to the land.
5. The value of assets to pledge, mortgage defined including the United vàcác rights income, benefits arising from that property, if the parties have agreed or the law cóquy.
In high combined collateral is the entire property has a value, then the supporting extra củavật also in collateral value; If only a partial mortgage real độngsản have extra character, then the value in only supporting collateral values when the cácbên have agreed.
Section 5 the SCOPE of GUARANTEE SERVICE and LOAN LEVEL COMPARED to the VALUE of the SECURED PROPERTY 1. Scope of guarantee service 1.1. scope of guarantee service is obliged to repay the loan client's credit organization đốivới. The repayment obligation of the borrower for the loan included tíndụng Organization (the original debt), overdue interest on loans, interest rates, fees (if any) đượcghi in the credit contract that borrowers are charged according to the provisions of the phápluật in the scope of the guarantee service, except where the parties have thoảthuận interest overdue interest rate, fees (if any) do not belong to the scope of the security service in đảmthực.
1.2. The value of the property secured loan is greater than the value of the guaranteed obligations, except where credit institutions and customers loans secured agreement with tàisản as an additional measure for loans that borrowers already have loans conditions đủcác no secured by the property.
1.3. the repayment obligation recorded in the credit contract can be secured by a hoặcnhiều property, by one or more of the measures secured by assets, with điềukiện must comply with the provisions of point 1.2 of this Section.
1.4. The withdrawal being reduced, additional asset replacement guarantee: within the guarantee, the bêncó can reduce withdrawal agreement, Supplement, replace secured property with current phảithực conditions as defined in point 1.2 of this Section. Case the borrower has thựchiện been a part repayment obligation secured by the property, if requested thìtổ credit officials can reduce the secured property corresponds to the vụđã make sense, provided that the withdrawal less secured property without hưởngđến debt obligations secured by the remaining assets and the disposal of assets following bảođảm This time.
2. loan Level compared to the value of the secured property credit Uk loan level decisions in asset values limit đảmtiền loans and the guaranteed range of service were identified.
3. scope of secured loan of property Mộttài property used to secure a debt obligation in a credit organization; the case of registered property ownership under the provisions of the law, then the mộttài property can be guaranteed made many collated in an organization tíndụng , with the condition to perform specified in point 1.2 of this Section.
Item 6 KEEPING the ASSETS and DOCUMENTS of the SECURED PROPERTY TIỀNVAY 1. When the pledge of property, borrower or guarantor is obliged to communicate your sảncầm trying for credit institutions to hold; If the registered pledge property ownership, then the parties may agree borrowers, guarantors is kept and used dụngtài property pledge or delivery to third man, but credit institutions are the main giữbản the certificate of ownership of the property.
2. When the property mortgage, collateral by the borrower or guarantor holding, unless the parties to the agreement delivered to credit institutions or third-party bagiữ. If the collateral is property ownership registration, access to the đấtthì credit institutions must hold a certificate of ownership of the property, the land use right certificate.    
3. for property pledge, mortgage is the means of transport, guest media bắtthủy have certificate of registration under the provisions of the law (registration làgiấy), the credit institution must keep the original chứngnhận paper registration, the borrower, guarantor is used củaCông certified copy of State certification and validation of credit institutions (where get a grip try, thếchấp) to circulate the media within the pledge, mortgage. Institutions dụngchỉ confirmed on a copy of the registration certificate after the certificate had certified nhậncủa State. Content validation of credit institutions on a saogiấy certificate of registration is: "the originals are kept in ... from the day ... month ... year ... come on ... month ... year..." and signed by the Director-General (Executive Director) or Deputy Director (Deputy Director) and the seal of the credit organization; or the signature of the Director (Deputy Director) and a member of the chứctín units are authorized to decide for the loan.
In high combined loan was renewed, the credit institution debt confirming his term hạnthời circulating a copy of the registration certificate consistent with the time limit for his hạnnợ.
Bảnsao registration certificate notary's certification and the State nhậncủa credit institutions only valid means of circulation within the pledge, mortgage, including the time limit be extended to debt (if any). Upon expiration using a saogiấy registration certificate, then the borrowers, guarantors must return it to the UK credit. 
4. in case of pledge, mortgage property for the syndicated loan, the credit organizations national dụngtham which send representatives to manage assets and asset đảmtiền's papers.
Trườnghợp foreign credit institutions, credit institutions and organizations, Vietnam tíndụng joint venture for syndicated for a project in Vietnam, if your sảnbảo make sure that the money is the value of land use right and property affixed to the land, the credit organization to Vietnam thìtổ is property management representative and papers of tàisản secured loan.
5. hold the Side of the property and the property papers secured loan if lost, damaged the xửlý according to the regulations on the rights and obligations of the parties when the pledge, mortgage, bảolãnh using the property in section 3 of this Chapter.
Item 7 IMPLEMENTATION of the OBLIGATION SECURED by the PROPERTY in the TRƯỜNGHỢP BORROWER, GUARANTOR'S BUSINESS Division, SPLIT, merge, merge, CONVERT, HOLDINGS 1. Borrower and guarantor's business division, split, merge, merge, convert, holdings under the provisions of the law or the decision of the competent country quanNhà If the company fails to pay the debt before the split, merge, split, merge, convert, holdings, the hìnhthành business after the split, merge, split, merge, convert, holdings must chịutrách duties get debt and debt service for credit institutions for loans.
2. The assets guaranteed repayment obligations of the borrower, guarantor is in when divided, split, merge, merge, convert, holdings are thựchiện as follows:

2.1. for the Enterprise Division, separation: If property secured loan can chiađược then split in proportion to the respective obligations of repayment of nghiệpkhi divided, split; If property secured loan cannot be split ứngvới collated and similar enterprises Division, separation has no other legal vềbiện Agreement guaranteed the credit institution has the right to recover the debt before the split, split;
2.2. For business consolidation, merger, transformation, capitalization: bảođảm property for the debts of the business before the amalgamation, merger, transformation, holdings are continuing as the secured property for the repayment of cácdoanh new businesses after the merger, merger, transformation , shares.
3. where the business does not perform as specified measures tạiđiểm 2 items, the credit institution has the right to handle the property secured loan debt before đểthu divided, split, merge, merging, transformation, cổphần.
4. In any case the transfer of the obligation secured by the property pursuant to this Section 2, point địnhtại credit institutions, the borrower or guarantor is in after the split, merge, split, merge, convert, holdings are kýkết back guarantee contracts; If no signed contract back guarantee, then use the chứctín nest has the right to handle the property secured loan to debt collection.
Section 8 TERMINATION of the MEASURES SECURED LOAN by PROPERTY PLEDGE, mortgage, guarantee by PROPERTY 1. The measure secured loan by property pledge, củakhách mortgage borrowers, guarantors by the property was terminated in the hợpsau field: 1.1. Borrowers complete the repayment obligations or guarantor completing vụbảo head for credit institutions;
1.2. Property secured loan has been processed to recover the debt in accordance with phápluật;
1.3. The parties to the agreement and replaced by another guarantee remedies;
1.4. other cases prescribed by law or by decision of the competent nhànước authority.
2. Upon the termination of the measures secured loan by property pledge, mortgage loan, clients of the guarantor by the property, then the guaranteed contracts are liquidated, the secured transactions registry deletions as a rule of law.   
 
Chapter III SECURED LOAN by LOAN FROM PROPERTY category 1 cases apply Việcbảo make sure the loan of assets formed from the loan is applied in the following trườnghợp: 1. Select credit institutions apply the secured loan by loan thànhtừ image assets when medium term loans for the long term, the project to play the triểnsản production and trading, service, life, if borrowers and hìnhthành properties from the loan meets the conditions specified in section 2 of this Chapter.
2. The Government, the Prime Minister decided to entrust the Organization of credit đốivới loan borrowers and loan objects in some specific cases.
Section 2 conditions for borrowers and loan thànhtừ image assets when the secured loan by the assets formed from vốnvay Uk credit options apply the secured loan by loan, từvốn formation property when the borrower and property from the loan has the following điềukiện : 1. for borrowers: 1.1. Have credit with credit institutions;
1.2. Has the financial capacity and have the legitimate source of revenue capable of trongthời-term loans obtained to fulfill the obligation of repayment for the credit institutions;
1.3. development of investment projects in manufacturing, business feasibility services, debt nănghoàn; or that project, service life approach feasible consistent with quyđịnh of the law. The loan case to serve the necessities of life sốngthì the borrower must have a viable repayment plan;
1.4. Have own capital (owner's equity) to participate in investment projects worth tàisản secured loan by pledge, mortgage, guarantee with your third-party sảncủa meet the 1 in 3 cases: a capital level of self) that participate in the project to a minimum of 50% of the total capital đầutư level of the project;
b) capital level of self has participated in the project plus the money guaranteed assets worth vaybằng measures the pledge, mortgage, guarantee by third party property tốithiểu by 50% of the total cost of the investment project;
c) worth of property secured loan by one or more of the measures thếchấp, pledge, guarantee by third party property a minimum of 50% of the total capital đầutư level of the project.
2. With regard to the assets formed from loans: 2.1. Assets from loans as secured loan are determined: a) the ownership of borrowers. With respect to the property is the right to use the land, the phảixác authorized use of borrowers and mortgage in accordance củapháp law on land. For assets of State enterprises must define đượcquyền management, use of corporate it and are used to ensure the money vaytheo the provisions of the law. If the property is a property associated with the land, thìkhách borrowers must have the certificate of the land use right of land on đótài products will be formed and must complete the procedure on the dựngtheo rules of law;
b) must specify the category, quantity, value, the characteristics of the property. The địnhcác factors based on project or scheme of service life;
c) properties are allowed and there is no dispute.
2.2. for the property that by law have to buy insurance, then the customer vayphải commitment to purchase during the term loans when the property hìnhthành has been put into use.
Item 3 of the form, the content, the procedure of signing and performing the contract of pledge, mortgage loans from property 1. Contract of pledge, mortgage loans from property must be established as vănbản; can write to the credit contract or a separate document due to the positive bênthỏa.
Nộidung the contract of pledge, mortgage assets from loans made under quyđịnh in point 8 section 2 of chapter II of this circular.   
Product Khitài form put into use, the parties must establish annex additional sungcho the contract of pledge, mortgage loans from property, which describes đặcđiểm, determine the value of the property has been formed.
2. procedure for property mortgage, pledge form from the loan 2.1. Contracts of pledge, mortgage assets from loans of Côngchứng state certified or authenticated by the people's Committee of the authority, if cácbên have agreed, in the case of law must have real hoặcchứng certification, the parties must adhere.
2.2. Registration of the transaction secured by the assets formed from real hiệntheo loan specified in point 7.5 the item 2 Chapter II to this circular.
Section 4 rights, obligations of the parties when the loan secured by the property loan from 1. Rights, obligations of borrowers when the loans are secured by loans from tàisản 1.1. Rights of the borrower: a) exploit the use, enjoyment, interest yield from assets, unless the United States benefit, interest is also part of the property secured loan;
b) lend, rental property if there is agreement with the lending credit institution.
1.2. The obligation of the borrower: a) must be delivered to the credit organization certificates of land use right of land property is property màtài will be formed when the contract secured by tàisản formation from the loan;
b) informs credit organizations about formation and State sảnbảo, facilitating the Organization of credit check secured loan assets;

c) for property secured loan that laws regulating the registration of ownership thìtrước when put to use to register property and delivered to the Organization tíndụng keeping the originals of certificates of ownership of that property;
d) not sell, transfer, donation, donate venture capital or use your sảnhình up the loan to ensure the implementation of the other obligations while not paying off nợcho credit institutions, except credit institutions agree to sell đểtrả for official debt secured loans.
2. Rights, obligations of credit institutions receive secured by Member sảnhình up loan 2.1. Rights of credit organizations: a) requires the borrower to announce progress on the formation and change of your sảnbảo make sure the loan;
b) inspect and require borrowers to provide information to polygraph, monitoring the assets formed from the loan;
c) debt collection of the loan before the deadline, if the borrower does not use the đểhình property as the loan was committed;
d) handle the assets formed from loans to debt collection when borrowers do not thựchiện or do not properly collated.        
2.2. Obligations of credit institutions: a) evaluation, check to make sure the borrower and property form from which vaydùng do secured loan that meets the conditions specified in section 2, Chươngnày;
b) return the papers on the property upon the termination of the measures secured loan by Member sảnhình up the loan, if the credit institution holds;
Section 5 termination remedies secured by the assets formed from loans 1. The measure secured by the assets formed from the loan are chấmdứt in the following cases: 1.1. Borrowers complete the repayment obligation for credit institutions;
1.2. The secured property from the loan has been processed to recover the debt under the địnhcủa law;
1.3. The parties to the agreement and replaced by another guarantee remedies;
1.4. other cases prescribed by law or by decision of the competent Nhànước authority.
2. Upon the termination of the measures secured loan by loan from property, thìhợp Council is sure to be liquidated, the secured transactions registry delete in accordance củapháp law.
 
Chapter IV LOANS NOT SECURED by PROPERTY category 1 credit institutions opt for unsecured loans by property 1. The case applied the UK selected credit borrowers to lenders not secured by tàisản when loans are short term, medium term, long term to implement the project or scheme development tưphát manufacturing, business services, and life for vớikhách borrowers as defined in point 2 and point 3 of this Section.
2. conditions for borrowers is not secured by assets 2.1. The borrower must have enough of the following conditions: a) Has credibility with the lending credit institution in the use of loans and pay nợđầy enough, time and interest;
b) has a project or scheme of production, business feasibility services, has khảnăng repaid the debt; or that project, service life approach feasible consistent vớiquy of the law. The loan case to serve the needs of đờisống, the borrowers must have a viable repayment plan;
c) Have the financial capacity and the legitimate source of revenue likely to be obtained in thờihạn loans to fulfill the obligation of repayment for the credit institutions;
d) is committed to implementing the measures secured by assets at the request of the Organization tíndụng if using the incorrect loan commitment in the credit contract; cam kếttrả if not done before maturity debt be secured by measures your sảnquy determined at this point.
2.2. for the borrower's business, in addition to the conditions specified in point 2.1 of this Item, also must have the business results with interest in 2 years time the loan review kềvới. Credit institutions have the right to request nghiệpphải sales certified by the audit organizations for production, business results của2 next year with consideration for the loan.
3. in case the borrower has qualified for loans not secured by tàisản, credit institutions and customers loans can be guaranteed by sảncầm financial agreement, the borrower's mortgage, guarantee by a third party's property, the hoặcbảo property by forming from the loan for a portion of that loan.
4. Restricting loans not secured by assets 4.1. Credit institutions are not lending unsecured by the property for cácđối object specified in paragraph 1 to article 78 of the law of credit institutions as follows: a) audit organization, auditors are audited at credit institutions; Toántrưởng design, inspection staff;
b) large shareholders of the credit organization. Major shareholders of credit institutions is cánhân or organization owning over 10% of the Charter capital or holding on 10% phầncó voting power of a credit organization.
c) borrower's business is one of the objects specified in clause 77 1Điều credit institutions Law owns 10% of the capital of nghiệpđó.
4.2. The level of unsecured loan with assets of a credit institution by the State đốcNgân System regulation in each period.
4.3. Credit institutions determine the maximum outstanding loans not secured by tàisản for a client on the basis of the level of confidence, characteristics of vàchất weight scale activities, the financial ability to pay the debt of the borrower.                       
Category 2 credit institution State lending unsecured as directed by the Government 1. Unsecured loans as directed by the Government.
The UK State credit unsecured loans for borrowers to thựchiện investment projects in particular, economic programs tếtrọng programs of the State, the social-economic program and for a number of clients to enjoy the preferential policy of vayvốn conditions as defined in the legal text of the Government or tướngChính.
2. The responsibility of the institutions of State are non-cóbảo loans guaranteed by the Government.
2.1. Implement the provisions of the Government, from the Prime khoảncho for loan are specified and comply with the provisions of the law in the trìnhxem lenders, check the use of loans and debt collection (including the root vàlãi).
2.2. Monitor private loans as directed and sửdụng the loan situation reports, the ability to recover the debt, the loss of processing petition in the trườnghợp irrecoverable debt as defined in point 4.1 of this Item.
3. Responsibility of the borrowers do not have secured under Government địnhcủa only 3.1. Implemented correctly in the credit contract.
3.2. implementation of the provisions of the Government or the Prime Minister when the loan dụngvốn loan for use as directed.
3.3. Responsibility before the law about the losses in the use of capital vaydo the cause of his subjective causes.
4. Handle the loss of loans secured by Government địnhcủa only 4.1. Government handled the losses for the institutions of State in hợpkhách school loan portfolio according to specify not to pay debt (principal and interest) due to the following: nguyênnhân a) due to natural disaster, fire and risk the other objective;
b) borrowers is the economic organization was dissolved by decision of the nướccó authority or being declared bankrupt, after processing in accordance with the phápluật still not paid enough debt to credit institutions;
c) altered state advocates, policy lead to production operations conscientiously borrowers in trouble and do not pay the debt;
d) other causes according to the decision of the Prime Minister.

4.2. Quarterly, on September 15, beginning the following quarter, credit institutions are Chínhphủ State, the Prime Minister indicated unsecured lenders synthesis of ventricular khoảntổn in the previous quarter due to the adjacent tạikhoản provisions 4.1 this Item, report the Governor State Bank of Vietnam and the Ministry of finance to the Prime trưởngBộ the Government decided the loss in handling measures thấtcho credit institutions.
Section 3 guarantees by credit accept the organisation's social-political unions for poor households, personal vayvốn 1. Guarantee by credit accept the organisation's social-political unions 1.1. Institutional social-political at the base of the Vietnam farmers Association: HộiLiên, Vietnam Women Association, the Vietnam General Confederation of labor, League niênCộng products of Ho Chi Minh, Vietnam Veterans Association made the guarantee bằngtín accept for individuals poor households, loans at the credit institutions.
Uk social-political Union at the base of the Vietnam farmers Association, Liênhiệp Association of Vietnam Women, Vietnam General Confederation of labor, cộngsản Youth Union Ho Chi Minh, Vietnam Veterans Association is determined by the provisions of the tạiĐiều the Organization of social-political unions.
1.2. The guarantee is personal, poor households are members of a trade union organization in social-political provisions in point 1.1 of this Item when vaymột small deposit at the credit institutions to produce business, making service.
1.3. maximum loan Level of each individual, poor households were organized mass socio-chínhtrị guarantee by credit acceptance by the Chairman of the Board tíndụng organization lending regulations in each period.
2. Form of guarantee by credit accept the organisation's social-political unions 2.1. The guarantee by credit accept the organisation's social-political unions are đượclập into the text, which has the following principal contents: a) the name, address of individuals, poor households are guaranteed by trust;
b) the name, address of the organization Union of social-political guaranty by trust; uk credit loans;
c) amount of the loan;
d) the purpose of the loan;
the guarantee period);
e) obligations of individuals, poor households loans are guaranteed by the củatổ trust Union social-political;
g) rights, obligations of credit institutions and the lending of institutional social-political guaranty by the trust.
2.2. Base on guarantee documents and the list of members is the guarantee, the consideration to use chứctín for poor households, personal loans.
3. Rights, obligations of the parties when the guarantee by credit accept uk's social-political unions for poor households, personal loans.
3.1. Rights, obligations of credit institutions guarantee lending by the UK's trust in social-political unions: a) requires the guarantee institutions in collaboration with credit organizations in testing sửdụng the loan and repayment urge;
b) in collaboration with the guarantee institutions make the loans and debt collection.
3.2. Rights, obligations of institutional social-political Guaranty Trust by: a) for help, guidance, enabling poor households, personal loans and loan sửdụng the right purposes, effectively; the urge to pay the debt in full, in time for the UK credit;  
b) refuse the guarantee if it deems individuals, poor households unable to năngsử loan to produce business, making service and repayment for tíndụng organizations.
3.3. The obligation of individuals, poor households are guaranteed loans: a) to use the loan for your purposes have committed;
b) Created favorable conditions for credit institutions and institutional politics-xãhội check the use of the loan;
c) full repayment (principal and interest), the correct term for credit institutions.
 
Chapter v. ACCOUNTING, reporting, inspection, testing and PROCESSING of VIOLATING section 1 accounting, reporting, inspection, checking 1. Credit institutions must organize accounting, prepare information, statistical reports in accordance with the State Bank to monitor and manage lýviệc loans secured by property , unsecured lending by asset vàxử asset guarantees.
2. Financial-Accounting Service responsible to the Governor of the State Bank quyđịnh accounting mode of loan secured by the property, Ms. Wiles lending secured by assets due to the credit organization options, loans by củaChính.
3. the monetary policy process of the Governor of the State Bank regulations on newspaper cáothống listed for the loan secured by the property and unsecured loan by tàisản.
4. State Bank inspectors responsible for inspection of the implementation of Conference địnhsố 178 and this circular.
Section 2 violation processing 1. organizations and individuals violating the provisions of Decree No. 178 and this circular, thìtùy according to the nature and extent of the violation sanctioned under the provisions of the law.          
2. organizations and individuals violating the contract secured loan, if the damage is bồithường for the damaged party in accordance with the law; all hợpđồng secured loan disputes to be resolved according to the rules of law.                                                            
Chapter VI ENFORCEMENT PROVISIONS 1. This circular takes effect after 15 days from the date of signing.
2. The rules of mortgage, pledge, guarantee bank loans expire thihành the provisions in item 2 Article 38 of Decree 178 include: 2.1. Specified in point 1 of section II of resolution No. 49/CP-m on May 6 in 1997của Government on the State enterprise loans of the joint mạiquốc Bank not the mortgage;
2.2. No. 417/CV-NH14 on 31/5/1997 of State Bank of thựchiện guide on State business banks loans commercial mortgage field agents under resolution 49/CP-m on 6/5/1997 of Government;
2.3. Regulation of mortgage, pledge and guarantee bank loans attached to Quyếtđịnh 217/QD-NH1 17/8/1996 of the Governor of the State Bank;
2.4. Circular No. 09/TT-LB on 3/7/1996 of State Bank-Tàichính-Ministry of Justice guidance procedures for mortgage, pledge of property for State and procedures in notary contract of mortgage, pledge and Guaranty Bank vayvốn.
3. The credit contract has applied measures to mortgage, pledge, guarantee the loan with no leaf growing areas secured by the property to be established prior to the date of this circular cóhiệu, then continue to follow the terms of the agreed party phùhợp with the provisions of the law at the time of signing the contract to khikhách borrowers pay off debts to credit institutions for the loan.
4. The Chairman of the Board, General Director (Director) credit institutions vàkhách loan portfolio of credit institutions is responsible for the tưnày.
Thủtrưởng the units in the State Bank, Bank Branch Manager nướctỉnh, central cities is responsible for checking the performance of private hiệnThông./.