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THE STATE BANK OF
VIETNAM
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SOCIALIST REPUBLIC
OF VIETNAM
Independence- Freedom - Happiness
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No. 94/2004/QD-NHNN
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Hanoi, January 20,
2004
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DECISION
ON
THE AMENDMENT OF SEVERAL ARTICLES OF THE REGULATION ON LENDING SECURED BY THE
MORTGAGE OF VALUABLE PAPER BY THE STATE BANK OF VIETNAM TO BANKS ISSUED IN
CONJUNCTION WITH THE DECISION NO. 1452/2003/QD-NHNN DATED 3 NOVEMBER, 2003 OF
THE GOVERNOR OF THE STATE BANK
THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the State Bank of
Vietnam No. 01/1997/QH10 dated 12 December, 1997; the Law on the amendment,
supplement of several Articles of the Law on the State Bank of Vietnam No.
10/2003/QH11 dated 17 June, 2003 and the Law on Credit Institutions No.
02/1997/QH10 dated 12 December, 1997;
- Pursuant to the Decree No. 86/2002/ND-CP dated 05 November, 2002 of the
Government providing for the function, assignment, authority and organization
structure of the ministries and ministerial-level agencies;
- Upon the proposal of the Director of the Credit Department,
DECIDES:
Article 1. To
amend several Articles of the Regulation on lending secured by the mortgage of
valuable paper by the State Bank of Vietnam to banks issued in conjunction with
the Decision No. 1452/2003/QD-NHNN dated 3 November, 2003 of the Governor of
the State Bank as follows:
1. Articles shall be amended as follows:
"Article 7- Mortgage assets
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1. Bills of the State Bank of Vietnam;
3- Government Bonds, including:
a. Treasury Bills
b. Treasury Bonds,
c. Bonds for Central Government's projects,
d. Foreign currency Bonds,
dd. Government Bonds for the construction of
the Motherland.
3. Other valuable paper, which can be used as
mortgage assets as stipulated by the Governor of the State Bank of Vietnam from
time to time."
2. Article 16 shall be amended as follows:
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The treatment of mortgage assets in the event
of compulsory debt collection shall be carried out in accordance with the
provisions of the State Bank's Governor on the treatment of mortgage assets of
banks that borrow funds from the State Bank."
3. Article 19 shall be amended as follows:
"Article 19- Responsibilities of units
of the State Bank of Vietnam
1- The Monetary Policy Department shall be
responsible:
a. To determine the limit of quarterly,
annual currency supply, including the limit on the currency supply for the
operation of valuable paper mortgage, for the purpose of the refinancing and
submit it to the Governor of the State Bank for decision and give notice to
related units;
b. To cooperate with related units to deal
with difficulties, obstacles that arise during the process of mortgage
lending.
2- The Credit Department shall be
responsible:
a- To receive and appraise application files
for funds borrowing of banks, head offices of which are located in Hanoi;
b. To submit the request for the borrowing,
which is secured by the mortgage of valuable papers by banks to the State
Bank's Governor for approval; to deliver the original set of the file approved
by the Governor of the State Bank to the Banking Operation Department or
deliver the written authorization by the State Bank Governor to the State Bank
branches in provinces, cities under the central Government's management via fax
and per post;
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d. To take the lead to cooperate with related
units in dealing with difficulties, obstacles that arise during the process of
mortgage lending.
dd. To consolidate, on the monthly basis, all
information, data of the lending on the basis of the mortgage of valuable
papers that arise in the State Bank of Vietnam and the State Bank branches in
provinces, cities under the central Government's management and report to the
Governor of the State Bank and send to the Monetary Policy Department.
3- The Banking Operation Department shall be
responsible:
a- To publicly announce the interest rate of
the mortgage lending at the Banking Operation Department.
b. Based on the file approved by the State
Bank's Governor (sent by the Credit Department), to complete procedures for
entering into the lending agreement mortgaged by valuable papers, to carry out
the lending and collection of principal and interest in accordance with
provisions in this Regulation;
c. To keep as archive, preserve and safely
hand over files, documents and mortgage assets and perform the accounting in accordance
with applicable provisions;
d. To consolidate, on the monthly basis, all
information, data of the lending on the basis of the mortgage of valuable
papers, timely discover difficulties, obstacles, which arise during the
implementation and send to the Credit Department for consolidation and report
to the Governor of the State Bank.
4- The Finance and Accounting Department
shall provide guidance on the accounting for the lending, which is made on the
basis of the mortgage of valuable papers.
5- The State Bank's branches in provinces,
cities under the central Government's management shall be responsible for:
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b- Receipt and verification of application
file for funds borrowing of banks, which apply for borrowing in the locality;
c. Submission to the Governor of the State
Bank, via the Credit Department, for approval of the maximum lending limits
(submission through the fax machine of the Credit Department, at the same time,
submission to it of the bank's original application to the Governor and the
copy of its application file for funds borrowing).
d. Performance of mortgage lending upon the
availability of a written authorization of the Governor of the State Bank (by
fax); collection of principal, interests in accordance with applicable
provisions in this Regulation;
dd. Record and preservation, safe delivery of
files, documents, mortgaged assets and performance of the accounting in
accordance with applicable provisions;
e. Compilation of monthly information, data
of mortgage lending, timely discovery of obstacles, difficulties, which arise
during the implementation and submit to the Credit Department for consolidation
and report to the Governor of the State Bank."
4. To repeal paragraph 4, Article 3 and
paragraph 5 of Article 8.
5. To replace 5 sample forms attached to the
Decision No. 1452/2003/QD-NHNN dated 3 November, 2003 of the State Bank's
Governor with 5 sample forms attached to this Decision.
Article 2. This
Decision shall be effective after 15 days from its publication in the Official
Gazette.
Article 3. Heads
of units of the State Bank, General Managers of the State Bank branches in
provinces, cities under the central Government's management, Chairperson(s) of
the Board of Directors and General Managers (Managers) of Banks shall be
responsible for the implementation of this Decision.
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FOR THE GOVERNOR OF
THE STATE BANK
DEPUTY GOVERNOR
Nguyen Thi Kim Phung
BANK:...............
No.: ............./DNCC
Form
No. 01/CC
LIST OF
VALUABLE PAPER PROPOSED FOR USE AS MORTGAGE ASSETSFOR BORROWING FUNDS FROM THE
STATE BANK
Unit: 1 VND
Order
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Document number
Issuer
Issue date
Face value
Interest rate
Maturity date
Payment value at
maturity
Note
(1)
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(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
A
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1
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2
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B
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1
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2
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3
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4
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5
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Total
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in which
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Note: Paper of the same
maturity shall be grouped in column (2)
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CONTROLLER
Date:---------------------------
GENERAL DIRECTOR (DIRECTOR)
(Sign and seal)
STATE BANK OF
VIETNAM
BANKING OPERATION DEPARTMENT (BRANCH.......)
No.:
........../CNCC
Form
No. 02/CC
LIST OF
VALUABLE PAPER ACCEPTED FOR USE AS MORTGAGE ASSETSFOR BORROWING FUNDS FROM THE
STATE BANK
Unit: 1 VND
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Type of valuable
paper
Document number
Issuer
Issue date
Face value
Interest rate
Maturity Date
Payment value at
maturity
Lending amount
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
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(11)
A
Bills of the State Bank
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1
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2
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B
Government Bonds
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1
Treasury Bills
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2
Treasury Bonds
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Bonds for Central Government's projects
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4
Foreign currency Bonds
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5
Government Bonds for the construction of
the Motherland
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Total
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in which
Bills of the State Bank
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Treasury Bills
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Bonds for Central Government's projects
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Foreign currency Bonds
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Government Bonds for the construction of
the Motherland
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Note: Paper of the same
maturity shall be grouped in column (2)
DRAWER
CONTROLLER
Date:---------------------------
AUTHORISED BY THE GOVERNOR OF THE STATE BANK
DIRECTOR...........
(Sign and seal)
Form
No. 03/CC
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THE STATE BANK OF
VIETNAM
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No.: /TBCC
..............,
Date............
NOTICE
Of
the approval by the State Bank of Vietnam of lending secured by the mortgage of
valuable paper to the bank...............
Pursuant to the Regulation on lending secured
by the mortgage of valuable paper by the State Bank of Vietnam to banks issued
in conjunction with the Decision No. 1452/2003/QD-NHNN dated 3 November, 2003
and the Decision No. .../2004/QD-NHNN dated / / 2004 of the Governor
of the State Bank;
After considering the application file for
borrowing secured by the mortgage of valuable paper by the Bank...........
on..............., 200..., the State Bank of Vietnam accepts to perform the
lending secured by the mortgage of valuable paper to the bank ..............
with following contents:
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2. Mortgage lending interest rate:
3. The last term of mortgage lending is on
...................... with following repayment periods:
3.1
3.2
3.3
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4. Valuable paper used for mortgage shall be
in accordance with the list of valuable papers accepted for use as mortgage at
the State Bank of Vietnam drawn by the bank.............
on........................, 200..., No.:......
The State Bank of Vietnam would like to
inform for the knowledge and implementation of your Good Bank.
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Form
No. 04/CC
THE STATE BANK OF
VIETNAM
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No.: /TBCC
..............,
Date............
NOTICE
Of
the non-approval by the State Bank of lending secured by the mortgage of
valuable paper to the bank...............
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After considering the application file for
mortgage by the Bank........... on..............., 200..., the State Bank of
Vietnam does not accept the lending secured by the mortgage of valuable paper
to the bank .............. with following reasons:
1.
2.
3.
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The State Bank of Vietnam would like to
inform for the knowledge of your Good bank
AUTHORISED BY THE
GOVERNOR OF THE STATE BANK OF VIETNAM
DIRECTOR OF CREDIT DEPARTMENT
(Sign, state full name and seal)
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Form
No. 05/CC
THE STATE BANK OF
VIETNAM
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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CONTRACT
ON LENDING SECURED BY MORTGAGE OF VALUABLE PAPER
No.: ……………………………..
Name of applicant bank:............................................... Code................................................
Address:...............................................................................................................................
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Number of loan account:.......................................................................................................
Maintained at:.......................................................................................................................
Based on the application for borrowing
secured by mortgage of valuable paper stated in the Official Dispatch
No………dated…………/200… of ………..that has been accepted in accordance with the
content of the Notice of the State Bank No……..dated……………/200……..together with
the List of valuable papers accepted for use as mortgage assets
No................ dated ............. 200... of ............... the State Bank
of Vietnam, the Bank……….recognize the debt secured by mortgage of valuable
paper at the State Bank of Vietnam with following contents:
- Amount of mortgage loan:...................................................................................................
- In words..............................................................................................................................
- Interest rate of mortgage borrowing:.....................................................................................
- Term of mortgage borrowing: ………………………. from
the date of the debt recognition and broken down into repayment periods stated
in the back of this contract
- Purpose of the mortgage borrowing:....................................................................................
The applicant Bank commits to correctly
comply with the Regulation on the lending secured by mortgage of valuable paper
of the State Bank to banks issued in conjunction with the Decision No.
1452/2003/QD-NHNN dated 3 November, 2003 and the Decision No. ..../2004/QD-NHNN
of the Governor of the State Bank of Vietnam.
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APPLICANT BANK
...........,
date.............
THE HEAD OF THE
DIVISION
(Sign and full name)
GENERAL MANAGER
(MANAGER)
(Sign, full name and seal)
ACCEPTANCE BY THE STATE BANK OF
LENDING SECURED BY THE MORTGAGE OF VALUABLE PAPER
Amount of mortgage lending:................................................................................................
In words:...............................................................................................................................
Interest rate on mortgage lending:..........................................................................................
Term of mortgage lending:.....................................................................................................
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Purpose of mortgage lending:...............................................................................................
LENDING BANK
...........,
date.............
THE HEAD OF THE
DIVISION
(Sign and full name)
AUTHORIZED BY THE
GOVERNOR OF THE STATE BANK
DIRECTOR.........)
(Sign, full name and seal)
DISBURSEMENT OF
BORROWING AMOUNT AND REPAYMENT PERIODS
Disbursement of
borrowing amount (mortgaged)
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Date
Mortgaged Amount
Sign for
certification
(seal)
Date
Amount
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FOLLOWING UP
REPAYMENT PERFORMANCE AND OVERDUE DEBT
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Date
Amount of repayment
Amount classified
as overdue
Outstanding debt
Total
Overdue
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