STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence-freedom-happiness
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No.
283/2000/QD-NHNN14
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Hanoi,
August 25th , 2000
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DECISION
ON THE ISSUANCE OF THE REGULATION ON THE BANK GUARANTEE
THE GOVERNOR OF THE STATE BANK
Pursuant to the Law on the
State Bank of Vietnam No. 01/1997/QH10 dated 12 December, 1997and the Law on
the Credit Institutions No. 02/1997/QH10 dated 12 December, 1997;
Pursuant to the Decree No. 15/CP dated 02 March, 1993 of the Government on the
assignment, authority and responsibility for the State management of the
ministries and ministry-level agencies;
Upon the proposal of the Director of the Credit Institutions Department,
DECIDES
Article 1.
To issue in conjunction with this Decision the Regulation
on the bank guarantee.
Article 2.
This Decision shall be effective after 15 days from
the date of signing. This Decision shall repeal the Decision No.23/QD-NH14
dated 21 February, 1994 of the Governor of the State Bank issuing the
Regulation on the guarantee and re-guarantee for foreign borrowing; the
DecisionNo.196/QD-NHNN14 dated 16 September, 1994 of the Governor of the State
Bank issuing the Regulation on the guarantee operation of banks; the Decision
No. 262/QD-NHNN14 dated 19 September, 1995 of the Governor of the State Bank on
the amendment of some articles of the Regulation on the guarantee operation of
banks issued in conjunction with the Decision No.196/QD-NH14 dated 16
September, 1994 of the Governor of the State Bank; the Decision No.263/QD-NH14
dated 19 September, 1995 of the Governor of the State Bank on the amendment of
some articles of the Regulation on the guarantee and re-guarantee for foreign
borrowing issued in conjunction with the Decision No.23/QD-NH14 dated 21
February, 1994 of the Governor of the State Bank.
Article 3.
The Director of the Administration Department, the
Director of the Credit Department, Heads of relevant units of the State Bank of
Vietnam, General Managers of State Bank branches in provinces and cities under
the center management, Chairpersons, General Directors (Directors) of credit
institutions shall be responsible for the implementation of this Decision.
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THE
GOVERNOR OF THE STATE BANK
Le Duc Thuy
REGULATION
ON THE BANK GUARANTEE
(issued in conjunction with the Decision No. 283/2000/QD-NHNN14 dated 25
August,2000 of the Governor of the State Bank)
Chapter I
GENERAL PROVISIONS
Article 1.
Governing scope
This Regulation shall provide for
the implementation of the guarantee operation by credit institutions for their
customers.
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In this Regulation, following
terms shall be construed as follows:
1. "Bank guarantee" is
a written commitment of a credit institution (the guaranteeing party) to the
obligee (the guarantee accepting party) in respect of the performance of
financial obligation in lieu of the customer (the guaranteed party) upon the
failure by the customer to perform or duly perform the obligation committed to
the guarantee accepting party. The customer must recognize the debt and repay
the credit institution the payment made on his behalf.
2. "Guaranteeing
party" is credit institutions provided for in Article 3 of this
Regulation;
3. "Guaranteed party"
is customers provided for in Article 4 of this Regulation;
4. "Guarantee accepting
party" is organizations, individuals, inside and outside the country, who
are entitled to benefit from the guarantee commitments of credit institutions.
5. "Guarantee commitment"
is an unilateral written commitment of credit institutions or a written
agreement between credit institutions, guaranteed customers and guarantee
accepting party that credit institutions shall perform financial obligations in
lieu of customers upon the failure of customers to perform duly obligation
committed to the guarantee accepting party.
6. "Guarantee
contract" is a written agreement between credit institutions and customers
in respect of the rights and obligations of the parties in the guarantee and
repayment;
7. "Borrowing
guarantee" is a bank guarantee issued by credit institutions to the
guarantee accepting party in respect of the commitment to repay in lieu of
customers in the event the customers fail to repay or repay adequately, timely;
8. "Payment guarantee"
is a bank guarantee issued by credit institutions to the guarantee accepting
party in respect of the commitment to make payment in lieu of the customers in
the event the customers fail to perform or duly perform their obligation when
it becomes due;
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10. "Performance
guarantee" is a bank guarantee issued by credit institutions to the
guarantee accepting party to guarantee the adequate, full performance of
obligations of a customer to the guarantee accepting party in accordance of a
signed contract. In the event the customer fails to perform adequately, fully
obligations stated in the contract, credit institutions shall perform the
guarantee obligations as committed.
11. "Product quality
guarantee" is a bank guarantee issued by credit institutions to the
guarantee accepting party to guarantee the adequate performance of agreements
on the quality of products in accordance with the contract signed with the
guarantee accepting party. In the event the customer is fined due to its
failure to adequately perform the contract's agreements on the product quality
but fails to pay or pay fully the fine to the guarantee accepting party, credit
institutions shall perform the guarantee obligations as committed;
12 "Repayment
guarantee" is a bank guarantee issued by credit institutions to the
guarantee accepting party to guarantee the obligation to repay the advance
payment made by a customer under a contract signed with the guarantee accepting
party. In the event the customer violates commitments undertaken towards the
guarantee accepting party and must return the advance payment but fails to
repay or repay fully the advance payment to the guarantee accepting party,
credit institutions shall pay the advance payment to the guarantee accepting
party.
13. "Counter
guarantee" is a bank guarantee issued by credit institutions (the
counter-guarantee issuing party) to an another credit institution (the
guaranteeing credit institution) requesting the guaranteeing credit institution
to provide a guarantee to the guarantee accepting party for obligations of the
counter-guarantee issuing partys customer. In the event the borrower fails to
honor the commitments made to the guarantee accepting party and the
guaranteeing party must perform the guarantee obligations, the
counter-guarantee issuing party shall perform the counter-guarantee obligations
for the guaranteeing party;
14. "Guarantee
confirmation" is a bank guarantee issued by credit institutions (the
guarantee confirming party) to the guarantee accepting party to guarantee the
performance of the guarantee obligations by another credit institution
(confirmed party). In the event the confirmed party fails to perform or perform
fully its obligation it has committed to the guarantee accepting party, the
confirming party shall perform the obligation in lieu of the confirmed party;
15. "Joint guarantee"
is a guarantee jointly provided by several credit institutions for an
obligation of a customer through a co-ordinating credit institution.
Article 3.
Credit institutions providing guarantees
1. State-owned commercial banks,
joint-stock commercial banks, investment banks, development banks, policy
banks, joint-venture banks, foreign banks branches in Vietnam, cooperative
banks, other form of banks and non-bank credit institutions which are
established and operate in accordance with the Law on credit institutions
(hereinafter referred to as credit institutions) shall be entitled to provide
bank guarantees in compliance with applicable provisions of related laws and
provisions of this Regulation.
2. Banks which are permitted by
the Governor of the State Bank to provide international payment service shall
be entitled to provide borrowing guarantees, payment guarantees and other forms
of guarantee where guarantee accepting parties are foreign organizations,
individuals.
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Article 4.
Customers guaranteed by credit institutions
1. Enterprises which are legally
operating in Vietnam.
a. State-owned enterprises;
b. Joint-stock companies;
c. Limited companies;
d. Partnership companies;
e. Enterprises of political
organizations, socio-political organizations;
g. Joint-venture enterprises;
h. Enterprises with 100% foreign
invested capital;
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2. Credit institutions, which
are established and operating in accordance with the Law on credit
institutions.
3. Cooperatives and other
organizations, which satisfy conditions, provided for in Article 94 of the
Civil Code.
4. Foreign economic organizations
to Business Cooperation Contracts and participating in the bidding for
investment projects in Vietnam or where they borrow funds from abroad for the
implementation of investment projects in Vietnam.
Article 5.
Types of guarantee
1. Borrowing guarantee
a. Guarantee for domestic
borrowing;
b. Guarantee for borrowing
abroad.
2. Payment guarantee;
3. Bid guarantee;
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5. Product quality guarantee;
6. Repayment guarantee;
7. Other type of guarantee.
Article 6.
Forms of guarantee issuance
1. Issuance of a guarantee
letter, guarantee confirmation;
2. Guarantee by signature on the
a bill of exchange, promissory note;
3. Other forms as provided for
by applicable laws.
Chapter II
DETAILED PROVISIONS
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1. Guarantee obligations shall
include one, several or all of following obligations:
a. Obligation to repay the
principal, interests and other fees relating to the loan;
b. Obligation to pay the
expenses of the acquisition of material, goods, machinery, equipment and other
expenditures for customers to carry out the projects or proposals of
production, business, living standard improvement, development investment.
c. Obligation to pay tax, other
financial obligations to the State;
d. Obligation of customers when
they participate in the bidding, performance of contracts in accordance with
applicable laws.
dd. Other lawful obligations
agreed between parties in related contracts.
2. Total outstanding guarantee obligations
assumed by a credit institution for a single customer shall not exceed 15%
(fifteen percentage) of its own capital. Where the performance of the payment
by a credit institution in lieu of customers results in the total outstanding
credit and the credit arising from that payment exceeding 15% of the own
capital of the credit institution, that credit institution must stop
immediately new lending and guarantee to that customer and recover the debt in
order to ensure that the total outstanding credit to a single customer is in
compliance with applicable provision.
For customers who require a
guarantee in excess of 15% of the own capital of a credit institution, the
credit institution shall, together with other credit institutions, provide the
guarantee in accordance with the provision of Article 14 of this Regulation.
3. Total outstanding guarantee
obligations of a foreign bank branch to a single customer shall not exceed 15%
the own capital of the foreign bank.
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Article 8.
Conditions for the provision of a guarantee
Credit institutions shall
consider and decide on the provision of a guarantee upon the satisfaction by
customers of following conditions:
1. Having full legal capacity
for civil relations, civil act capacity in accordance with applicable laws;
2. Having the creditability in
respect of credit, payment relations with credit institutions;
3. Availability of lawful
security for the obligation to be guaranteed in accordance with the provision
of Article 19 of this Regulation;
4. Availability of an feasible,
effective investment project or a feasible, effective business plan in the
event of a request for a borrowing guarantee.
5. Satisfaction of conditions
provided for by applicable laws on bill of exchange, in the event of the
guarantee of a bill of exchange, promissory note
6. Compliance with provisions of
applicable laws on the management of foreign borrowing and repayment in the
event of the guarantee for a foreign borrowing;
7. Customers being foreign
economic organization permitted to perform investments, business activities or
participate in the bidding in Vietnam in accordance with provisions of
applicable laws of Vietnam.
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The application file for a
guarantee to be prepared by a customer shall include: an application letter for
the guarantee (Form No. 01/BL attached) and other documents relating to the
guarantee transaction stipulated by the credit institution.
Article 10.
Guarantee contract
1. A guarantee contract shall be
agreed upon by the guaranteeing credit institution, the guaranteed customer and
other relating parties (if any) shall include following main contents:
a. Name, address of the credit
institution and the customer;
b. The guaranteed amount, the
term of the guarantee and the guarantee fee;
c. The purpose, scope and
subjects of the guarantee;
d. Conditions for the
performance of the guarantee obligations;
dd. Form of security for the
guarantee obligations, the value of the security assets;
e. Rights and obligations of the
parties;
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h. Settlement of disputes;
i. Transfer of rights and
obligations of the parties;
k. Other agreements.
2. The guarantee contract may be
amended, supplemented or canceled upon agreement of the related parties.
Article 11.
Guarantee commitment
1. A guarantee commitment shall
include following main contents:
a. Name, address of the credit
institution, guaranteed customer, the guarantee accepting party;
b. The guaranteed amount;
c. The scope, subjects and the
effective term of the guarantee;
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In addition to above-mentioned
issues, a guarantee commitment may have other contents such as rights and
obligations of the parties; settlement of disputes; transfer of rights and
obligations of the parties and others.
2. Where the content of a
guarantee provides for the use of documents relating to the guarantee
transaction (for example the contract between the customer and the guarantee
accepting party, the confirmation by the third party of the customers violation
or other documents) as conditions for the performance of the guarantee
obligation, the guarantee obligation shall be performed in accordance with
above-mentioned conditions.
3. In the event of the guarantee
by signature on a bill of exchange, promissory note, the guarantee commitment
shall be performed in accordance with applicable provisions of the Ordinance on
commercial paper and related guiding documents.
4. A guarantee commitment may be
amended, supplemented or canceled upon agreement by the related parties.
Article 12.
Use of language
1. Written documents relating to
the guarantee transaction shall be made in Vietnamese language;
2. In the event of the
participation by a foreign party to the guarantee transaction, documents
relating to the guarantee transaction shall be made in two languages: the
Vietnamese language and one commonly used foreign language, which is agreed
upon by the parties.
Article 13.
Application of international treaties and customs to the guarantee transaction
upon the participation by a foreign party
1. In the event international
treaties on guarantee where the Socialist Republic of Vietnam is a signatory or
acceded to contain provisions other than provisions of this Regulation,
respective provisions of those treaties shall apply.
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Article 14.
Joint guarantee by several credit institutions for an obligation of customer
1. Co-guarantee
a. The co-ordinating credit
institution shall issue the guarantee to the guarantee accepting party on the
basis of an guarantee contract signed by credit institutions participating in
the co-guarantee;
b. In the event of the failure
of the customer to perform or duly perform the obligation committed to the
guarantee accepting party, the co-ordinating credit institution shall be
responsible to perform the guarantee obligation. The credit institutions
participating to the co-guarantee shall be responsible for the repayment of the
amount which is paid by the co-ordinating credit institution in lieu of their
respective commitment in the guarantee contract of joint liability signed by
credit institutions participating to the co-guarantee.
c. In the event the
co-ordinating credit institution fails to perform or fully perform the
guarantee obligation to the guarantee accepting party, the guarantee accepting
party shall have the right to request any credit institution of those
co-guaranteeing credit institutions to perform the guarantee obligation.
2. In the event the obligation
of the customer can be divided into several separate, independent obligation
components, each credit institution may issue guarantee for those individual
obligation components and are not jointly liable. Each credit institution shall
be liable for its committed obligation.
Article 15.
Credit institutions guarantee for an obligation to be performed by several
customers who are jointly liable
Credit institutions shall be
entitled to provide a guarantee for an obligation which is to be performed by
several customers who are jointly liable under an joint liability contract
between them, on the basis of the consideration of the creditability and
financial capability of each party to that obligation.
Article 16.
Rights and obligations of guaranteeing credit institutions
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a. to request an other credit
institution to confirm its guarantee for the customer;
b. to accept or refuse to accept
the request for guarantee by customers and counter-guarantee issuing credit
institutions within a maximum period of 45 days from the date of the receipt of
the complete application file for the guarantee;
c. to request the provision by
customers of documents in respect of financial capability as well as the
guarantee transaction; reports on the production, business performance; reports
on the performance of the contract and obligations relating to the guarantee
transaction;
d. to request the pledge of
security by customers for the obligation to be guaranteed;
dd. to collect a guarantee fee
as agreed upon;
e. to request the customer to
repay the guaranteed amount which is paid by the credit institution on its
behalf;
g. to debit the customer or the
counter-guarantee issuing party the amount paid on its behalf in order to
perform the guarantee obligation, if the customer or the counter-guarantee
issuing party does not recognize the debt after 15 days since the date of
payment by the credit institution;
h. to dispose of the security
assets of the customer in accordance with the Decree No. 178/1999/ND-CP dated 29
December, 1999 of the Government and written guidance on the implementation of
this Decree;
i. to initiate court suits in
accordance with provisions of applicable laws where customers,
counter-guaranteeing party violate the guarantee contract;
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2. Guaranteeing credit
institutions shall have the obligation:
a. to perform the guarantee
obligation in accordance with the guarantee commitment;
b. to encourage the full and
timely performance by the customer of obligation to the guarantee accepting
party.
c. to return completely the
security assets, if any, and related documents to customers upon their full
performance of obligations to guarantee accepting party.
Article 17.
Rights and obligations of credit institutions which issue a counter-guarantee
1. Counter-guarantee issuing
credit institutions shall have the rights:
a. to request the guaranteeing
credit institution to issue a guarantee for their customers;
b. to accept or refuse to accept
the request for the issuance of a counter- guarantee by customers;
c. to request the provision by
customers of documents in respect of financial capability as well as the
guarantee transaction; reports on the production, business performance; reports
on the performance of the contract implementation and obligations relating to
the guarantee transaction;
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dd. to collect a guarantee fee
as agreed upon;
e. to request the customer to
repay the guaranteed amount which is paid by the credit institution on its
behalf;
g. to debit the customer the
amount paid on its behalf in order to perform the guarantee obligation, if the
customer does not recognize the debt after 15 days since the date of payment by
the credit institution;
h. to dispose of the security
assets of the customer in accordance with the Decree No. 178/1999/ND-CP dated
29 December, 1999 of the Government and written guidance on the implementation
of this Decree;
i. to initiate court suits in
accordance with provisions of applicable laws where customers, guaranteeing
credit institutions violate the guarantee contract;
k. to transfer their rights and
obligations to other credit institutions as provided for in Article 3 of this
Regulation upon a written acceptance by the guarantee accepting party.
2. Counter-guaranteeing credit
institutions shall have the obligation:
a. to perform the guarantee
obligation in accordance with the guarantee commitment;
b. to encourage the full and
timely performance by the customer of obligation to the guarantee accepting
party and guaranteeing credit institution;
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Article 18.
Rights and obligations of confirming credit institutions
1. Confirming credit
institutions shall have the rights:
a. to accept or refuse to accept
the request for the confirmation of a guarantee by customers or guaranteeing
credit institutions;
b. to request the provision by customers
of documents in respect of financial capability as well as documents relating
to the guarantee transaction; reports on the production, business performance;
reports on the performance of the contract and obligations relating to the
guarantee transaction;
c. to request the pledge of
security by customers or guaranteeing credit institutions for the obligation to
be guaranteed;
d. to collect a guarantee fee as
agreed upon;
dd. to request the customers or
guaranteeing credit institutions to repay the guaranteed amount which is paid
by the credit institution on their behalf;
e. to debit the customer or the
guaranteeing party the amount paid on its behalf in order to perform the
guarantee obligation, if the customer or the guaranteeing party does not recognize
the debt after 15 days since the date of payment by the credit institution;
g. to dispose of the security
assets of the customer or the guaranteeing credit institution in accordance
with the Decree No. 178/1999/ND-CP dated 29 December, 1999 of the Government
and written guidance on the implementation of this Decree;
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i. to transfer their rights and
obligations to other credit institutions as provided for in Article 3 of this
Regulation upon a written acceptance by the guarantee accepting party.
2. Confirming credit
institutions shall have the obligation:
a. to perform the guarantee
obligation in accordance with the guarantee commitment;
b. to encourage the full and
timely performance by the customers and guaranteeing credit institutions of
obligation to the guarantee accepting party.
c. to return completely the
security assets, if any, and related documents to customers or guaranteeing
credit institutions upon their full performance of obligations to guarantee
accepting party.
Article 19.
Rights and obligations of the customer
1. The customer shall have the
right:
a. to demand the credit
institution to comply with the commitment made to the guarantee accepting
party;
b. to demand the credit
institution to comply with agreements in the guarantee contract;
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d. Guaranteed customers may
transfer their rights and obligations to other parties which satisfy conditions
provided for in Article 8 of this regulation if the transfer is accepted in
writing by the guaranteeing party, the guarantee accepting party.
2. The customer shall have the
obligation:
a. to provide fully, accurately
and truthfully documents, reports relating to the guaranteed transaction upon
request by the guaranteeing credit institution or the counter-guarantee issuing
credit institutions;
b. to pay the guarantee fee and
other related fees in accordance with agreements in the guarantee contract to
the confirming credit institution, counter-guarantee issuing credit
institution;
c. to recognize the debt and
repay to the guaranteeing credit institution or the counter-guarantee issuing
credit institution, the confirming credit institution the amount of money which
is paid on its behalf to perform the guarantee obligation, including the
principal, interest and other expenses directly arising out of the performance
of the guarantee obligation;
d. to perform accurately and
fully obligations committed to the guarantee accepting party and the
guaranteeing credit institution or the counter-guarantee issuing credit
institution;
e. to be subject to the control
by the guaranteeing credit institution or the counter-guarantee issuing credit
institution in respect of activities relating to the guaranteed transaction.
Article 20.
Authority to sign the guarantee
1. The legal representative of a
credit institution shall be competent to sign written guarantee documents of
the credit institution;
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Article 21.
Security for a guarantee
1. Credit institutions and their
customers shall agree on whether or not to apply security measures for the
guarantee taking into consideration of characteristics of the production, business
performance, financial capability and the creditability of customers. Forms of
security for a guarantee shall include: deposit, mortgage, pledge of asset,
guarantee of a third party and other forms of security in accordance with
applicable laws;
2. The use of assets to be
created from the loan funds to secure the performance of the guarantee
obligation (for borrowing guarantee) or the exemption of the application of
asset security for the performance of guarantee obligation shall be carried out
in compliance with the Decree No. 178/1999/ND-CP dated 29 December, 1999 of the
Government on the loan security for credit institutions and written documents
guiding the implementation of this Decree..
Article 22.
Guarantee fee
1. Customers shall pay a guarantee
fee to credit institutions. The level of fee shall be agreed by the parties,
but not in excess of 2%/annum calculated on the outstanding guarantee
obligation. In the event the guarantee fee calculated at this percentage is
lower than VND 300,000, credit institutions shall be entitled to charge the
minimum guarantee fee of VND 300,000. In addition, customers must pay to credit
institution other reasonable fees arising from the guaranteed transactions if
and when agreed upon by the parties.
2. The fee level provided for in
paragraph 1 this Article shall be the maximum fee level that customers have to
pay to credit institutions in the event of a counter-guarantee and guarantee
confirmation. The specific level of each credit institution shall be agreed upon
by guaranteeing credit institutions.
3. In the event of a
co-guarantee, customers shall pay the guarantee fee to the co-ordinating credit
institution, which is paid then by the co-ordinating credit institution to
other credit institutions in proportion with their participation to the
guarantee in accordance with paragraph 1 Article 15.
4. In the event a credit
institution provides a guarantee for an obligation performed by several
organisations, the individual participating parties shall pay the guarantee fee
to the credit institution in proportion to their share in the joint obligation
respectively;
5. The calculation period for
the guarantee fee and the mode of its collection shall be agreed upon by the
parties in the guarantee contract;
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Article 23.
Sequence and procedure of the provision of a guarantee
Credit institutions shall
provide in detail the sequence, procedures, conditions and competence to issue
a guarantee in line with the characteristics of each credit institution and
each type of guarantee.
Article 24.
Term of a guarantee
1. The term of a guarantee shall
be determined on the basis of the term of the performance by customers of the
guaranteed obligation to the guarantee accepting party, unless otherwise agreed
or committed;
2. The extension of a guarantee
must be accepted by the guarantee accepting party in writing.
Article 25.
Sequence of the performance of a guarantee obligation
1. Credit institutions shall
perform the guarantee obligation to the guarantee accepting party upon the
satisfaction of following conditions:
a. The guarantee obligation has
become due;
b. The guarantee accepting party
has requested in writing the performance of the guarantee obligation by credit
institutions;
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Credit institutions shall perform
the guarantee obligation, if documents are in compliance with the guarantee
commitment.
2. Credit institutions shall,
after the performance of the guarantee obligation, request the redemption by
the customers in following steps:
a. In the event of a conventional
guarantee
- Guaranteeing credit
institutions give notice to customers, together with related documents, to
request the customers to repay the amount paid by credit institutions on their
behalf;
- Upon the receipt of the notice
from credit institutions, customers are obliged to repay the debt or give a
written recognition to credit institutions of the amount paid by credit
institutions on their behalf. After 15 days from the date of receipt of the
notice, if the customers do not repay or do not give the written recognition,
credit institutions shall debit the customers (the entry date is the day where
credit institutions perform the guarantee obligation). Customers shall be
subject to an overdue interest rate agreed upon by the parties, but not in excess
of 150% of the interest rate in the contract between the customers and the
guarantee accepting party (in the event of a borrowing guarantee) or a
short-term lending interest rate applicable by respective credit institutions,
calculated from the date where credit institutions perform the guarantee
obligation.
- In the event customers do not
yet perform duly their obligation to the guarantee accepting party due to
objective reasons such as natural calamities, fire, temporarily financial
difficulties or due to the mismatch between the repayment period and the
business circle. Credit institutions may, on the basis of recommendation made
by customers in their written recognition of debt, consider to re-determine the
periods of payment and apply the conventional lending interest rate to the
amount paid by credit institutions in lieu of customers.
- Guaranteeing credit
institutions shall reserve the right to apply measures such as assets sale,
deduction of customers accounts( if agreed upon), initiation of court suit and
other measures of asset disposal in accordance with provisions of the Decree
No, 178/1999/ND-CP dated 29 December, 1999 of the Government and documents
guiding the implementation of this Decree in order to recover the amount paid
in lieu of customers.
b. In the event of a counter
guarantee
After the performance of the
counter-guarantee obligation, the counter-guarantee issuing party shall have
the right to request the repayment by customers of the amount the
counter-guarantee issuing party has paid to the guaranteeing credit
institution. The sequence of the repayment of the debt or the recognition of
the debt between the counter-guarantee issuing party and customers shall be
carried out in a similar manner as provided for in paragraph 1.a of this Article.
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After the performance of the
guarantee obligation in lieu of the confirmed party, the guarantee confirming
party shall have the right to request the repayment by the confirmed party of the
amount it has paid to the guarantee accepting party. The sequence of the
repayment of the debt or the recognition of the debt between the confirmed
party and the confirming party shall be carried out in a similar manner as
provided for in paragraph 1.a of this Article.
d. In the event credit
institutions provide guarantee for an obligation to be performed by several
customers, participating parties shall be responsible for the repayment or the
recognition of the debt in proportion to their individual obligation components
in the joint obligation. If one of the participating parties fails to perform
its obligation component, the credit institutions shall have the right to
request any party of the participating parties to perform that obligation
component. The sequence of the repayment of the debt or the recognition of the
debt by participating parties toward credit institutions shall be carried out
in accordance with paragraph 2.a of this Article.
3. In the event of guarantee for
a bill of exchange, promissory note, the performance of the guarantee
obligation and the request for the redemption shall be carried out in
accordance with provisions of applicable laws on bill of exchange.
Article 26.
Exemption of the performance of the guarantee obligation
1. In the event the guarantee
accepting party exempts the credit institution from the performance of the
guarantee obligation, customers still must perform the obligation to the
guarantee accepting party, unless otherwise agreed upon or applicable laws
provides that the credit institution must perform the guarantee obligation;
2. In the event only one of
several co-guaranteeing credit institutions is exempted from the performance of
its obligation, other credit institution still must perform their respective
obligations and are not required to be responsible for the repayment of the
obligation component of the exempted credit institution.
Article 27.
The guarantee obligation shall terminate in following cases:
1. The guarantee obligation has
been fulfilled by credit institutions;
2. The guarantee obligation
terminates in accordance with applicable laws;
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4. The guarantee accepting party
agrees to cancel the guarantee in accordance with applicable laws;
5. The guarantee is replaced by
another security measures in accordance with agreements of the parties;
6. The term of the guarantee has
expired in the event the guarantee has stipulated for the effective term of the
guarantee;
7. In the event of the
termination of activities of a credit institution, the guarantee obligation
shall be performed in accordance with provisions of related laws.
Chapter
III
REGIME ON THE CONTROL
AND INFORMATION, REPORTING
Article 28.
Regime on the control, supervision of the guarantee
1. Customers shall be subject to
the control, supervision by the guaranteeing credit institution during the
effective term of the guarantee;
2. Credit institutions shall be
subject to the inspection, control by the State Bank in accordance with current
provisions.
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1. The accounting and monitor of
guarantees provided by credit institutions shall be carried out in accordance
with current provisions;
2. Customers shall be
responsible to submit periodical or irregular reports to credit institutions on
the performance of activities relating to guaranteed transactions;
3. Credit institutions shall
consolidate the guarantee activities of their institutions to report to the State
Bank in accordance with the current information and reporting regime.
Chapter IV
IMPLEMENTING PROVISIONS
Article 30.
Credit institutions and customers shall be responsible
for the implementation of this Regulation. Based on this regulation and provisions
of related legal documents, credit institutions shall issue written operational
guidelines in line with their conditions, characteristics and Charter.
Article 31.
The supplement, amendment of this Regulation shall be
decided upon by the Governor of the State Bank.
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