THE
STATE BANK OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
09/2012/TT-NHNN
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Hanoi , April 10, 2012
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CIRCULAR
REGULATING THE USE OF PAYMENT FACILITIES FOR
LOAN CAPITAL DISBURSEMENT OF CREDIT INSTITUTIONS, BRANCHES OF FOREIGN BANKS TO CUSTOMERS
- Pursuant to the Law on the
State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
- Pursuant to the Law on Credit institutions No. 47/2010/QH12 dated
June 16, 2010;
- Pursuant to Decree No.
96/2008/ND-CP dated August 26, 2008 of the Government stipulating the
functions, duties, rights and organizational structure of the State Bank of
Vietnam;
- Implementing Decision No. 2453/QD-TTg dated December 27, 2011 of the Governmental Prime Minister approving the scheme to step up non-cash payment in
Vietnam period 2011-2015;
At the proposal of the
director of the Monetary Policy Department;
The Governor of the State
Bank of Vietnam promulgates the Circular stipulating the use of payment
facilities for loan capital disbursement of the credit organizations, branches
of foreign banks to the customers
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1. This Circular regulates the
use of payment facilities for loan capital disbursement of the credit institutions,
branches of foreign banks to the customers, contributing to step up the
non-cash payment and monitoring the use of loan capital of the customers under
purpose agreed in credit contract.
2. Subjects for application:
a) Credit institutions, branches
of foreign banks make lending activities prescribed by the State of Vietnam and
relevant regulations of the law.
b) Customers get loan capital at
credit institutions, branches of foreign banks
c) Organizations and individuals
relating to the use of payment facilities to disburse loan capital
Article 2. Interpretation of
terms
In this Circular, the words
below are construed as follows:
1.The beneficiary is
organization, individual that have a connection with the borrowers in the sale
and purchase of property, payment of costs constituted the property and other
costs of the demand for loan under the credit contract signed between the loan borrowers
and the credit institutions, branches of foreign banks.
2. Disbursement of loan
capital is that credit institutions, branches of foreign banks lend the loan
customers an amount of money in order to make payment to the beneficiary under
the purpose of loan capital written in the credit contract signed between the
borrowers and the credit institutions, branches of foreign banks.
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1. The credit institutions,
branches of foreign banks must use non-cash payment facilities for disbursement
of loan and carry out direct payment to the beneficiary, except for the cases
prescribed in clause 2 of this Article.
2. The credit institutions,
branches of foreign banks consider making decision on using non-cash payment
facilities, or in cash or via the settlement account of the borrowers to
disburse loan capital for the following cases:
a) Making payment to the
beneficiary that is an organization with an amount of less than 100,000,000
million dong (one hundred million dong) for one time of disbursement.
b) Making payment to the
beneficiary that is an individual having settlement account at the organization
providing payment service with an amount of less than 100,000,000 million dong
(one hundred million dong) for one time of disbursement.
c) Making payment to the
beneficiary that is an individual not having the settlement account at the
organization providing payment service;
d) To offset for the own capital,
financial source that the borrowers who have used to carry out investment project,
project of production, business, service or investment project, plan in service
of life;
dd) To pay salary to the laborers
e) Transmitting the loan to the customers’
settlement account so that they could make payment for the purposes prescribed
by the law to execute via the customers’ settlement account.
Article 4. Responsibility of the
credit institutions, branches of foreign banks
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2. The credit institutions,
branches of foreign banks publicly notify customers of the regulations of the
State Bank of Vietnam and the credit institutions, branches of foreign banks on
the use of payment facilities to disburse loan capital for the customers.
Article 5. Responsibilities
of the borrowers
The customers who loan capital at
credit institutions, branches of foreign banks are responsible for providing
information, documents, payment documents in accordance with regulations of the
credit institutions, branches of foreign banks to serve for the consideration
to make decision on using the payment facilities to disburse the loan capital
as prescribed in this Circular and the relevant regulations of the law; the loan
customers take responsibility for the accuracy, honesty of the information,
documents provided to the credit institutions, branches of foreign banks
Article 6. Organization for
implementation
1. This Circular will take
effect since June 01, 2012
2. For the credit contracts
signed before the date this Circular takes effect, the loan borrowers, the
credit institutions, branches of foreign banks continue to use the payment
facilities to disburse the loan capital under the credit contract signed in
accordance with regulations of the law or agree on modification and supplement
of the credit contract in conformity with regulations of this Circular.
3. Director of administrative
department, Director of the Monetary Policy Department and Heads of units under
the control of the State Bank of Vietnam, Director of the State Bank of
Vietnam, branches in provinces and cities under the control of central
authority, Chairman of the Board, Member Council and General Director (
Director) of credit institutions, branches of foreign banks and individuals
concerned are liable to execute this Circular./.
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PP.
GOVERNOR
VICE GOVERNOR
Nguyen Đong Tien