THE STATE BANK OF VIETNAM
------------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom – Happiness
--------------------
|
No.
373/2003/QD-NHNN
|
Hanoi, April 22, 2003
|
DECISION
ON
THE AMENDMENT, SUPPLEMENT OF SEVERAL ARTICLES OF THE DECISION No.
440/2001/QD-NHNN DATED 17 APRIL, 2001 ON THE LENDING TO WORKERS WHO GO AND WORK
ABROAD FOR A CERTAIN PERIOD OF TIME
THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the State Bank of Vietnam and Law on the
Credit Institutions dated 12 December, 1997;
- Pursuant to the Decree No. 86/2002/ND-CP dated 05 November, 2002 of the
Government on the functions, assignment, authority and organizational structure
of the ministries and ministrial level agencies;
- Pursuant to the Decree No. 152/1999/ND-CP dated 20 September, 1999 of the
Government provides for Vietnamese workers and experts who go and work abroad
for a certain period of time;
- Based on the instruction of the Prime Minister stated in the Dispatch No.
827/VPCP-KTTH dated 25 February, 2003 on the lending without asset security to
workers who go and work abroad for a certain period of time;
- Upon the proposal of the Director of the Monetary Policy Department,
DECIDES
Article 1. To amend, supplement several Articles of the Decision
No. 440/2001/QD-NHNN dated 17 April, 2001 on the lending to workers who go and
work abroad for a certain period of time as follows:
1. To amend, supplement Article
6 as follows:
"Article 6. Loan security
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.For workers other than those
of priority under current policy, the loan security shall be performed as
follows:
a. Commercial banks shall
consider, decide on the lending without asset security to workers who satisfy
conditions provided for in paragraph 18 Article 1 of the Decree No.
85/2002/ND-CP dated 25 October, 2002;
a. Commercial banks shall
consider, decide on loans of up to VND 20 millions without applying the assets
security measure to workers who satisfy conditions provided for in paragraph 18
Article 1 of the Decree No. 85/2002/ND-CP dated 25 October, 2002;
c. In case where workers must
provide assets as loan security, the execution and performance of a loan
security contract shall be as follows:
- For loans made through the
family household of a worker, the loan security contract shall be signed
between the representative of the family household and the commercial bank;
- For loans directly made to a
single worker, the loan security contract shall be entered into between the
commercial bank and the worker or the party authorized by the worker in
accordance with applicable laws.
2. To amend, supplement Article
7 as follows:
Article 7. Lending Procedures
1.Commercial banks shall lend on
the basis of contracts which are entered into by workers and Vietnamese
enterprises which are authorised to send workers abroad for a certain period of
time or foreign employers in accordance with the provisions of the Decree No.
152/1999/ND-CP dated 20 September, 2000 and credit files provided for in
paragraph 2 of this Article.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a. Documents evidencing that the
borrower is the Head of the family of the worker who goes and works abroad for
a certain period of time in accordance with provisions of the applicable laws.
Workers of priority under current policy must have documents issued by the
State competent agency proving that they are those of priority under current
policy;
b. Loan application of the Head
of the family or the worker (in case of a single worker);
c. A notice or written
confirmation made by Vietnamese enterprises which are authorised to send
workers abroad for the certain period of time, by foreign employers of the
recruitment of workers for the certain period of time abroad.
d. Other necessary documents
proving that conditions for borrowing are satisfied.
Article 2. The State owned commercial banks shall continue to lend
to workers of priority under current policy until the completion of transfer to
the Social Policy Bank. After the time of this transfer, if workers of priority
under current policy require borrowing from State owned commercial banks, they
shall be considered for lending accordance with provisions of this Decision and
treated as normal workers.
Article 3.
1. This Decision shall be
effective after 15 days from the date of publication in the official gazette.
2. Heads of units of the State
Bank, General Managers of State Bank branches in provinces and cities under the
central government's management, the Board of Directors, General Directors of
the Social Policy Bank and commercial banks shall be responsible for the
implementation of this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Phung Khac Ke