STATE
BANK OF VIETNAM
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------
|
No.
742/2002/QD-NHNN
|
Hanoi,
July 17th , 2002
|
DECISION
ON
THE ISSUANCE OF THE REGULATION ON THE ENTRUSTMENT AND TAKING ENTRUSTMENT FOR
LENDING BY CREDIT INSTITUTION
THE GOVERNOR OF THE STATE
BANK
Pursuant to the Law on the
State Bank of Vietnam and the Law on Credit Institutions dated 12 December,
1997;
Pursuant to the Decree No. 15/CP of the Government dated 2 March, 1993 on the
assignment, authority and responsibility for the State management of
Ministries, ministry-level agencies;
Upon the proposal of the Director of the Monetary Policy Department,
DECIDES
Article 1. To issue in
conjunction with this Decision Regulation on the entrustment and taking
entrustment for lending by credit institutions.
Article 2. This Decision
shall be effective after 15 days from the date of signing.
Article 3. The Director
of the Administrative Department, the Director of the Monetary Policy
Department, Heads of units of the State Bank, General Managers of State Bank
branches in provinces and cities under the central Governments management,
General Directors (Directors) of credit institutions and organizations, individuals
in relating to the entrustment and taking entrustment for lending shall be
responsible for the implementation of this Decision.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Duong Thu Huong
REGULATION
ON
THE ENTRUSTMENT AND TAKING ENTRUSTMENT FOR LENDING BY CREDIT INSTITUTIONS
(issued in conjunction with the Decision No. 742/2002/QD-NHNN dated 17 July,
2002 of the Governor of the State Bank of Vietnam)
Article 1. Governing
scope
This Regulation provides for the
entrustment and taking entrustment for lending, debts collection by the
entrusting party and the entrusted party for lending, in order to transfer
credit funds of the entrusting party through the contract to the entrusted
party for lending directly to customers who carry out the plan, project of
development, investment, production, business, service, living and
poverty-alleviation activity.
Article 2. Subjects of
application
1. The entrusting party for
lending shall include: the Government, economic organizations, socio-political
organizations, domestic and foreign individuals and credit institutions
established and operating under the Law on credit institutions require for
lending credit funds to customers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Borrowing customers shall be
organizations, individuals, households that are borrowing customers of the
entrusted party.
Article 3. Interpretation
1. Lending entrustment is
capital delivery by the entrusting party to the entrusted party through the
contract of lending entrustment to lend directly to customers, the entrusting
shall pay trust fees to the entrusted party.
2. Trust fees is the
compensation which is paid by entrusting person to the entrusted party to carry
out directly the lending, debts collection for customers on the basis of the
agreement between the entrusting party and the entrusted party.
3. Contract of lending
entrustment is a written agreement between the entrusting party and the
entrusted party so that the entrusted party lends directly to and collect debts
from customers.
Article 4. Principles of
the entrustment and taking entrustment for lending
1. The entrustment and taking
entrustment for lending shall be performed through the contract of lending
entrustment between the entrusting party and the entrusted party for lending;
2. Borrowing customers, subjects
of lending, conditions of lending, level of lending funds, lending interest
rate, debts rescheduling, loans security, risks settlement shall be agreed and
undertaken by the entrusting party and the entrusted party for lending in the
contract in accordance with provisions of applicable laws;
3. The entrusting party shall
have right to select the entrusted party for lending to secure the safety,
effectiveness, except for case where the entrusted party is appointed by the
Government or competent authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The entrusted party shall
satisfy following conditions:
1. Having the function of credit
extension in form of lending in accordance with applicable laws;
2. Having the organization
network in order to satisfy the direct requirement for lending and debts
collection for customers;
3. Having the officer team with
professional level and experience in the performance of lending and debts
collection;
4. Not violating provisions on
the safety in banking activities, being credible in lending, debts collection
and securing the safety of loan funds.
Article 6. Contract of
lending entrustment
1. The contract of lending
entrustment shall consist of following contents: name, address of the
entrusting party and entrusted party for lending, amount of money entrusted for
lending, term of entrustment, lending interests, debts extension, loans
security for customers, trust fees, responsibilities of the entrusting party
and the entrusted party, other agreements in accordance with provisions of
applicable laws.
2. Parties may authorize their
member units to perform agreements and undertakings stated the contract of
lending entrustment in accordance with provisions of applicable laws.
Article 7. Examination,
supervision for the implementation of contract of lending entrustment
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The entrusted party must
create favorable conditions for the entrusting party for lending to examine,
supervise the implementation of contract of lending entrustment.
Article 8. Settlement for
risks of entrustment and taking entrustment
1. Risks due to objective and
subjective reasons caused by customers, failure to pay shall be the
responsibility of the entrusting party. The settlement of risks shall be
performed in accordance with provisions of applicable laws.
2. Risks which are caused by the
lending entrusted party due to its performance, in contrary to agreements and
undertakings stated the contract of lending entrustment, shall be the
responsibility of the entrusted party. The settlement of risks shall be
performed in accordance with provisions of applicable laws.
Article 9. Rights and
obligations of the entrusted party
1. The entrusted party shall
have the right:
+ To refuse requirements of the
entrusting party which are in contrary to agreements and undertakings stated in
the contract of lending entrustment.
+ To initiate a law court
against the entrusting party in accordance with applicable laws if the latter
violates the contract of lending entrustment.
2. The entrusted party shall
have the obligation:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- To use entrusted funds for
right purposes, contents which are agreed upon and committed in the contract of
lending entrustment.
- To return the entrusted funds
and interests collected in due course in accordance with agreements and
undertakings stated in the contract of lending entrustment.
Article 10. Rights and
obligations of the entrusted party
1. The entrusting party shall
have the right:
+ To require the entrusted party
to provide for their documents on financial capacity, customers, disbursement
performance, debts payment capability and some other documents.
+ To refuse requirements of the
entrusted party which are in contrary with agreements and undertakings stated
in the contract of lending entrustment. To examine and supervise the use of
borrowed funds and payment of the entrusted party.
+ To terminate the contract of
lending entrustment and accelerate the debts collection when the entrusted
party violates agreements and undertakings stated in the contract of lending
entrustment.
+ To initiate a law court
against the lending entrusted party in accordance with applicable laws who
violates the contract of lending entrustment.
2. The entrusting party shall
have the obligation:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- To transfer entrusted funds in
accordance with the progress implementation, maintain files for entrustment of
lending in accordance with provisions of applicable laws.
- To pay trust fee of
entrustment fully and timely.
- To cooperate with the
entrusted party for the settlement of risks in accordance with agreements and
undertakings stated in the contract of lending entrustment.
Article 11. Implementing
provisions
The amendment, supplement of
this Regulation shall be decided upon by the Governor of the State Bank of
Vietnam.