THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
198/QD-NH1
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Hanoi,
September 16, 1994
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DECISION
ON THE PROMULGATION THE REGULATION ON SHORT - TERM CREDITS
FOR ECONOMIC ORGANIZATIONS.
THE GOVERNOR OF THE STATE BANK OF VIETNAM
Pursuant to the Ordinance on
State Bank of Vietnam issued in connection with Order No.37/HDNN8, the
ordinance on Banks, Credit Cooperatives and Financial Corporations issued in connection
with the Order No.38/HDNN8 dated May 24th, 1990 of the President of the State
Council of the Socialist Republic of Vietnam.
Pursuant to the Decree No. 15/CP dated March 2nd, 1993 of the Government
stipulating the task, powers and responsibilities for the State management of
the Ministries and Ministerial-ranking bodies.
On the proposal of the Director of the Credit Department for economic studies.
DECIDES
Article 1 :
To
promulgate in connection with this Decision The Regulation on Short - term credits
for economic organizations.
Article 2 :
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Article 3 :
This
Decision shall come into effect from the signing date and replace: the
Regulation on short term credit for economic organizations issued in connection
with Decision No.04/QD-NH dated January 8th, 1991 and other documents relating
to this Regulation.
Article 4 :
The Chief
of Governor's Office, the General Inspector of the State Bank, Heads of the
sections belonging to the Central State Bank, the Directors of the provincial
and city State Banks, the General Directors (Directors) of State Commercial
Banks, Investment and Development Banks, Commercial Stocks Banks, Financial
Corporations, joint venture Banks, the branches of foreign banks in Vietnam and
managers of credit cooperatives shall be responsible for the implementation of
this decision.
FOR
THE STATE BANK OF VIETNAM
GOVERNOR
Cao Sy Kiem
REGULATIONS
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I - GENERAL
PROVISIONS
Article 1 :
The
provisions of this Regulation are applied to short-term credits in Vietnamese
dong (VND)
1.1. The credit organizations
offering short-term loans prescribed in this Regulation include State
Commercial Banks, Investment and Development Banks, Commercial Stock banks,
Financial Corporations, Credit Cooperatives, Joint - venture Banks, branches of
Foreign Banks in Vietnam which are established and operated in accordance with
the Ordinance on Banks, Credit Cooperatives and Financial Corporations.
1.2. The economic organizations
borrowing short-term loans from credit organizations (hereinafter referred to
as the borrowing units) are legal entities and persons undertaking a business
or a production process in accordance with the laws of Vietnam. These units
include the State - owned enterprises, share-holding Companies, Limited
Liability Companies cooperatives, private enterprises, Vietnam - foreign joint
venture enterprises, the enterprises in Vietnam with 100% foreign owned
capital, individuals and production households.
Article 2 :
Credit
organizations provide short-term loans to meet the shortages in floating
capital for production business operations.
Article 3 :
Principles
for credits
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3.2. Borrowed funds have to be
used efficiently and in accordance with the defined purpose.
3.3. Borrowed funds have to be
guaranteed with equivalent value in materials and commodities.
Article 4 :
Conditions
for borrowing funds
4.1. For every borrowing unit :
4.1.1. Having full legal status
and operating its production business in accordance with the existing laws of
Vietnam.
4.1.2. Operating profit yielding
business or being subsidized in accordance with Government policy; having no
overdue debts.
4.1.3. Having self possessed
capital. The amounts of self possessed capital of different units are
determined by General Directors (Directors) of credit organizations.
4.1.4. Organizing the cost
accounting and financial management in accordance with the Ordinance on accounting
and statistics.
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4.1.6. Recognizing and complying
with the regulation on credit of the State Bank of Vietnam and specific
regulations of the lending credit organizations.
4.2. For private enterprises,
apart from the conditions defined in the above Article 4.1, they must have
business licenses, their offices must be in the same vicinity with lending
credit organizations. For individuals, the production households, must have
permanent living registration in the same vicinity with the lending credit
organization.
Article 5 :
The scope
for borrowing funds
Each unit, apart from its
borrowing from credit organization where it opens an account for financial
transaction (where it opens its first financial transaction account) it is
eligible to borrow loans from other credit organizations in accordance with the
following stipulations :
5.1. A unit borrowing loans from
the credit organization where it has an account for financial transaction, is
eligible to borrow additional loans from other credit organizations of the same
or different credit system.
5.2. When borrowing loans from other
credit organizations, the borrowing unit has to list fully the remaining debts
from previous credit organizations and commit to deduct money from deposited
accounts fro financial transaction or lay down money in cash or cheques to pay
for lending credit organizations when debts reach their maturity. This
commitment shall be valid until loans are paid (both in principal and interest)
or agree upon the lending credit organization to annul.
5.3. When granting loans to a
unit which has borrowed money from other credit organization, the lending
credit organization has to request a ratification from the credit organization
that keeps the deposited account for financial transaction on the conditions
for borrowing loans as stipulated in Article 4 of this Regulation and at the
same times has to use the information of the TTR computer center of the State
Bank in the vicinity to define the conditions for securing capital before
deciding to grant the loans.
5.4. Any credit organization can
only grant short-term loans for the purpose of operating production/business of
a borrowing unit. In case the borrowing unit moves its office to another
location and shifts its deposited accounts for financial transaction to another
credit organization, it can borrow money from the new credit organization to
pay the old debts to the previous credit organization.
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Article 6 :
The principles
for settlement of some specific cases :
6.1. The credit organization
shall collect debts both principal and interest prior to their maturity in the
following cases :
6.1.1. The borrowing unit
disbands or stops its operations (not because of bankruptcy).
6.1.2. The borrowing unit is
divided or merges with a new unit.
6.1.3. The borrowing unit moves
its office to another place and opens its deposited account for financial
transaction at another credit organization.
6.1.4. The manager of the borrowing
unit is subject to criminal prosecution.
6.1.5. There appears law-suits
which threaten the mots part of the borrowing unit's assets.
6.1.6. The borrowing unit
violates the contract for loan borrowing and credit regulations.
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6.2. If the borrowing unit goes
bankrupt, the debts shall be settle in accordance with the Law on Enterprise
Bankruptcy.
6.3. In any case, when the
borrowing unit replaces its manager, the successor bears full responsibility
for the debts (both principals and interests) that his predecessor borrowed
from the credit organization.
Article 7 :
The
objects for lending include values of materials and commodities in reserves and
circulation and the cost composing of the buying price or cost price of the
product.
Article 8 :
Prices
serve as a base for determining the amount of money to lend according to the
economic contract or document, receipts for buying materials, commodities and
other costs accepted by the loan borrowing unit.
Article 9 :
Terms of
the debts are defined in accordance with the features of fund - flow of the
borrowing unit but the maximum is 12 months.
Article 10 :
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Article 11 :
A credit
organization is not allowed to grant to a borrowing unit more than 10 percent
of its self possessed capital and reserve fund, the total loans granted to 10
borrowing units can not exceed 30 percent of the total remaining debts of that
credit organization. If it wants to grant loans more than the above prescribed
percentage, that must be approved by the Governor of the State Bank of Vietnam.
Credit organizations are not
allowed to offer right of lending preference to their clients as prescribed in
Article 30 of Ordinance on banks, credit cooperatives and financial
corporations.
Article 12 :
Rights
and obligations of credit organizations:
12.1. To request their loan
borrowing units to provide necessary information and documents relating to
borrowed loans.
12.2. Having the right to
inspect the loan related issues of the borrowing units before, during and after
granting loans.
12.3. When the debts reach their
maturity, if the borrowing units do not actively pay them, the credit
organization has the right to deduct money from the deposited account for
financial transaction or ask other credit organization, which holds deposited
account for financial transaction of the borrowing unit to deduct money from
that account for paying the debts. The credit organization which holds the
deposited account of the borrowing unit is obliged to carry out the request of
the lending credit organization.
12.4. In the case that, the
debts reach their maturity but the borrowing unit is unable to pay, neither has
an explanation of legitimate reasons for debts extension, the credit
organization has a right to shift those debts to the account of overdue debts
and the borrowing unit is obliged to pay the interests of overdue debts.
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12.6. Having rights and
obligations to collect debts prior to their maturity in accordance with Article
6 of this regulations.
12.7. Having right to hold
auction the collateral assets, to request guarantor to carry out guaranty
obligations and to take part in the assets liquidation to collect debts when
the borrowing unit is unable to pay them.
Article 13 :
The loan
- borrowing unit has the following responsibilities and obligations :
13.1. To use the borrowed loan
efficiently and in accordance with the defined purpose, to take initiative in
paying full debts (both principals and interests) according to their maturity
as committed in application and contract for borrowing loans.
13.2. To provide necessary
information and documents relating to the loans as requested by the credit
organization and create favorable condition for inspection by credit
organization when it requests.
13.3. To inform its lending
credit organization of the events as defined in Article 6 of this regulation
and other changes relating to the enterprise and its manager.
Article 14 :
Forms of
lending short-term loans :
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14.1. Granting loans to meet the
shortage in floating capitals.
14.2. Deducting money from the
money - bearing documents.
II/ SPECIFIC
PROVISIONS.
A. GRANTING LOANS TO ADD TO THE
FLOATING CAPITAL
Article 15 :
When it
has a demand to borrow loans to add to the floating capital, the borrowing unit
fill in the application form for borrowing loans and send together with the
plan for production/business operations to the credit organization for loan -
granting consideration.
Article 16 :
The
methods of loan - granting
16.1. The loan borrowing units
belonging to a type of stable production/business, if they have the demand for
regular loans, they can work out the plan for borrowing and paying for the
whole quarter, season or crop together with the application for borrowing the
first loan. If the credit organization agrees to offer, it shall (within the
period of time prescribed by itself) inform the borrowing unit to launch the
procedures for borrowing loans.
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16.3. For all borrowing units
following either or both the above - mentioned methods, after being approved by
the credit organization, they have to work out contracts for borrowing money
with a plan for paying debts in each as guided by the credit organization, each
time they receive loans, they have to attest their signatures on the contracts.
16.4. The borrowed money is
transferred to pay directly for the enterprises which provide materials,
commodities or services for the borrowing unit. In the case that the borrowing
unit has used other sources of funds to pay for the supplier or if the supplier
does not have an account at the bank, it shall then be transferred to a deposit
account, offering cheques or cash to the borrowing unit.
Article 17 :
After
approving the loans and completing the procedures for borrowing loans, the
credit organization opens one account for each borrowing unit so as to
calculate the borrowed money and collect debts (if the borrowing unit does not
have a borrowed account yet).
Article 18 :
Fixing
terms for debts shall be based on the features of capital circulation of
borrowing client. If it is a unit that borrows loans and pays debts regularly
according to its plans for a quarter, a season or a crop, the terms for debts
shall be determined in accordance with the capital circulation of borrowing
client and the plan for collecting debts shall go in accordance with the debt
maturity. If the loan is granted on the basis of case by case, the term for
debt shall expire when the borrowing client finishes its round of capital
circulation.
Article 19
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The
process of collecting debts is carried out in accordance with the schedule as
prescribed in the contract. The borrowing unit can pay debts prior to their
maturity and ought to take initiative in paying debts for the credit
organization when the debts reach their maturity as stipulated in Article 13 of
this Regulation. In the case that, due to objective difficulty, the borrowing unit
is unable to pay debts according to their maturity and submit an explanation
for debt extension and decide on the debt extension, the credit organization
may take it into consideration and decide on the debt extension in accordance
with the specific situation of the settlement of the difficulty but the maximum
extended time can not exceed the previous term of the debt.
Article 20 :
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B. DEDUCTION FROM MONEY -
BEARING DOCUMENT
Article 21 :
The loan
borrowing units mentioned in Article 1 of this Regulation, when facing shortage
of capital for paying or production/business operations, can bring money
bearing documents (if they have) to credit organizations for borrowing loans in
the form of deduction (abbreviated as deduction).
Article 22 :
The money
- bearing documents for deduction are deadline - fixed credits, short - term
bonds ... issued legally by authorized units and they must be still valid for
financial transaction and guaranteed for their value.
Article 23 :
The
procedures for deduction
23.1. The borrowing unit has to
submit to the credit organization a dossier for deduction, which includes : an
application for deduction, a list of documents for deduction together with the
original documents to apply for deduction.
23.2. The credit organization
shall examine the dossier for deduction, consider and let the unit know the
documents and total value accepted for deduction.
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The deducted money is discounted
from the amount of money applied for deduction, the amount of remaining money
shall be noted down in the deposited, paid out in cash or in credits for the
unit.
23.4. The term for deduction
shall be defined for each document in the scope of remaining valid time but it
can not exceed the maximum of 90 days.
23.5. The credit organization
has to preserve carefully the document accepted for deduction as it does to the
money bearing documents.
Article 24 :
When the
term for deduction comes to an end, the credit organization shall extract from
the deposited account or request the unit to pay in cash as much as the amount
of money applied for deduction so as to pay debts and to carry out the
procedures for returning the deducted documents. When the terms reach their
maturity but the borrowing unit is unable to pay deducted debts, the credit
organization shall shift them the overdue debts and settle them as overdue
debts.
If they are transferable
documents, the credit organization has the right of ownership over them and
shall carry out the procedures with the issuing unit for liquidating and
collecting debts when those documents reach their terms for liquidating.
III/
INSPECTION AND SETTLEMENT OF GRANTED DEBTS
Article 25 :
The
credit organization bears responsibilities for strict inspection before, during
and after granting loans on the issues relating to the borrowing and use of the
loans of the borrowing unit so as to secure the borrowed loans.
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During
the inspection, if the credit organization discovers that the borrowing unit
violate this Regulation or other specific regulations of the credit
organization, thus exposing a danger of loss to capital, the borrowing unit
shall be subject to, according to degree of violation, such administrative
penalties as : temporarily suspend its credit relations seek all ways and means
to collect debts, shift all debts to overdue debts although they have not
reached their maturity, hold auctions on the collateral properties to collect
debts. The stronger measure for it is to set up a file and bring it to an
economic court for decision or launch a law suit before the laws in other forms
according to the nature and seriousness of the violation.
IV/
PROVISIONS FOR IMPLEMENTATION
Article 27 :
Pursuant
to this Regulation, General Directors (Directors) of credit organizations shall
issue specific guidance in accordance with the features of operations of each
system, define more special cases with which conditions for borrowing are
applied, the specific degrees of self possessed capitals of each type of
borrowing units; the forms of loan lending, debt-collecting, debt - extending,
overdue - debt shifting; the process of inspecting, supervising the lending and
using of borrowed loans, the decisive amount of loan - granting, regulation on
interests reduction and exemption; responsibilities and measures for dealing
with officials when the commit violations etc...
Heads of the concerned units
belonging to the Central State Bank, Directors of the provincial and city state
supervision over the implementation of this regulation.
Article 28 :
Any
amendment and addition to this regulation are submitted for consideration and
decision by the Governor of the State Bank of Vietnam