Quyết định 1452/2003/QD-NHNN

DECISION

ON THE ISSUANCE OF THE REGULATION ON LENDING SECURED BY THE MORTGAGE OF VALUABLE PAPER BY THE STATE BANK OF VIETNAM TO BANKS

THE GOVERNOR OF THE STATE BANK

- Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 and the Law on Credit Institutions No. 02/1997/QH10 dated 12 December, 1997 and 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;
- 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 issue in conjunction with this Decisions the Regulation on lending secured by the mortgage of valuable paper by the State Bank of Vietnam to banks.

Article 2. This Decision shall be effective after 15 days from the date of publication in the Official Gazette and replace the Regulation on refinancing in form of the mortgage of short-term valuable paper by the State Bank of Vietnam to banks issued in conjunction with the Decision No. 251/2001/QD-NHNN dated 30 March, 2001 of the Governor of the State Bank.

Article 3. Outstanding refinancing loans made by the State Bank of Vietnam as of the effective date of this Decision shall continue to be subject to signed agreements in debt recognition documents until the full collection of debt by the State Bank.

Article 4. The Head of the Administration Department, the Director of Credit Department, the Director of the Finance and Accounting Department, the Director of the Banking Operation Department, the Chief Inspector, Heads of the relevant units of the State Bank of Vietnam, General Managers of the State Bank branches in provinces, cities under the central Government's management and the Chairman of the Board of Directors, General Director (Directors) of banks shall be responsible for the implementation of this Decision.

REGULATION

ON THE LENDING SECURED BY MORTGAGE OF VALUABLE PAPER BY THE STATE BANK OF VIETNAM TO BANKS
(issued in conjunction with the Decision No. 1452/2003/QD-NHNN dated 03 November, 2003 of the Governor of the State Bank)

I. GENERAL PROVISIONS

Article 1. Governing scope

This Regulation shall provide for the refinancing in Vietnam Dong by the State Bank of Vietnam to banks in form of lending secured by the mortgage of valuable paper in order to provide short-term funds and liquidity to banks.

Article 2. Subjects of refinancing

Banks, which are entitled to borrow in accordance with provisions of this Regulation, shall be banks, which are established and operating in compliance with the Law on Credit Institutions (hereinafter referred to as banks), including:

1- Commercial banks;

2- Development banks;

3- Investment banks;

4- Policy banks;

5- Cooperative banks

6- Joint-venture banks;

7- Foreign bank branches;

8- Other forms of banks, which are established and operating in compliance with the Law on Credit Institutions.

Article 3. Interpretation

In this Regulation, following terms shall be construed as follows:

1- Short-term valuable paper shall be valuable paper with maturity of less than one year;

2- Long-term valuable paper shall be valuable paper with maturity of one year onward, calculated from the date of issuance until their expiration

3- Lending secured by the mortgage of valuable paper (hereinafter referred to as mortgage lending) shall be a form of lending made by the State Bank of Vietnam to borrowing banks on the basis of the mortgage of valuable paper to secure the repayment obligations.

4- Limit of mortgage lending shall be the total amount of mortgage lending that the State Bank may provide in a quarter or a year.

5- Interest rate of the mortgage lending shall be the refinancing rate, which are used to calculate and collect interests on the actual principal, when the State Bank makes the mortgage lending.

Article 4. Principles of the mortgage lending

The State Bank's mortgage lending shall ensure the compliance with following principles:

1- The credit provided must be secured;

2- The lending is to satisfy the short-term funds requirements and provide liquidity to banks;

3- Principal and interests must be paid when due.

Article 5. Conditions of the mortgage lending

The State Bank of Vietnam shall consider and decide on the mortgage lending, when banks satisfy fully following conditions:

1- They are banks stated in Article 2 of this Regulation;

2- They are not in the special control status;

3- They have applied for the mortgage lending;

4- They do not have any overdue debt to the State Bank;

5- They comply with provisions on the loan security under this Regulation.

Article 6. Interest rate of the mortgage lending

1- The interest rate of the mortgage lending shall be stipulated by the Governor of the State Bank and adjusted to the objective of the monetary policy from time to time.

2- In case where the mortgage loan becomes overdue since borrowing banks fail to have resources to pay due debts, it shall be classified as overdue and subject to the penalty interest rate applicable to overdue debt, which is equivalent to 150% of the periodical interest rate of the mortgage lending.

II- SPECIFIC PROVISIONS

Article 7- Mortgage assets

Mortgage assets shall include:

1- The State Treasury's Bills;

2- Bills of the State Bank of Vietnam;

3- Government Bonds;

4- Treasury Bonds;

5- Government Bonds issued by the Ministry of Finance;

6- 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.

Article 8-  Conditions for acceptance of mortgage assets

Valuable paper shall be accepted by the State Bank of Vietnam as mortgage assets, when they satisfy following conditions:

1- Borrowing banks are the beneficiary (in case of non-bearer valuable paper) or the legal holder ( in case of the bearer valuable paper);

2- They are those valuable paper provided for in Article 7 of this Regulation.

3- They are entitled to be mortgaged at, discharged to the State Bank of Vietnam as the third party in accordance with provisions of applicable laws and commitments of the beneficiary.

4- In case where valuable paper are issued in form of book-entry, they must be confirmed and ensured by the institutions, which are responsible for the payment of those valuable paper, of their payment to the State Bank of Vietnam when the borrowing bank (the beneficiary) fails to pay its debt.

5- In case of long-term valuable paper, the term to maturity of those valuable papers is not more than 2 years.

Article 9. Application file for the mortgage lending

When there is a requirement for funds, borrowing banks shall submit to the State Bank of Vietnam an application file for the mortgage lending, which includes:

1. An application letter for the borrowing secured by valuable paper from the State Bank with following details: Name, address of borrowing bank, borrowing amount, borrowing objective, commitment of the security for the borrowed funds; debt repayment, payment of interests and other commitments.

2- The Balance sheet, attached with the report on the source of funds and the use of funds at the borrowing time, which evidences the shortage of funds to satisfy the short-term funds requirements and the liquidity.

3- The list of the valuable papers proposed to mortgage for borrowing from the State Bank according to the Form No. 01/CC;

4- Related documents to prove that the mortgage assets satisfy conditions provided for in Article 8 of this Regulation.

Article 10. Acceptance of mortgage assets and approval of the mortgage lending

1- In case where applying banks satisfy conditions provided for in Article 5 and their mortgage assets satisfy conditions provided for in Article 8 of this Regulation, the State Bank of Vietnam shall base on the value and the maturity of accepted valuable paper to determine the value of the mortgage assets, the mortgage term and the lending amount on the List of valuable papers, which are accepted as mortgage for borrowing funds from the State Bank of Vietnam (Form No. 02/CC).

2- Within a maximum period of 02 working days from the complete receipt of the application file in accordance with provisions in Article 9 of this Regulation, the State Bank of Vietnam shall give notice to applying banks of its approval (Form No. 03/CC) or non-approval (Form No. 04/CC) of the mortgage lending.

Article 11. Level of the mortgage lending

1- The State Bank of Vietnam shall, based on the borrowing requirement of banks, the limit of the mortgage lending available, decide on the level of the mortgage lending on the List of valuable paper, which are accepted as mortgage for borrowing funds from the State Bank of Vietnam;

2- The maximum level of mortgage lending shall not exceed the total payment from the mortgaged valuable paper, when due.

Article 12. Determination of the lending term and repayment periods

The State Bank of Vietnam and borrowing funds shall agree on the lending term and determine the repayment periods based on the objective of the loan and the term to maturity of valuable papers accepted as mortgage, but the maximum lending term shall not exceed one (1) year.

Article 13. Lending performance

1- Upon receiving the notice of the approval of the mortgage lending from the State Bank of Vietnam, the applying bank shall make the contract of borrowing secured by the mortgage of valuable paper (4 original copies) according to the Form No. 05/CC and submit to the State Bank of Vietnam.

2- The State Bank of Vietnam and the applying bank shall, based on the List of valuable papers accepted as mortgage for borrowing funds from the State Bank of Vietnam, the notice of the State Bank's approval of the mortgage lending, complete procedures to enter into the contract of borrowing secured by the mortgage of valuable paper (4 original copies). Each shall keep 02 copies as the basis for accounting and the transfer of lending funds.

3- The funds of mortgage lending shall be transferred to the deposit account of the applying bank at the State Bank of Vietnam.

Article 14. Payment of principal and interests

1- Applying bank shall be responsible for actively complying with commitments on borrowing and repayment to the State Bank of Vietnam according to payment periods as stated in the contract of lending secured by the mortgage of valuable paper.

2- The State Bank of Vietnam shall not consider rescheduling the mortgage loans.

Article 15. Compulsory debt collection

In case the borrowing bank fails to repay the debt when due, the State Bank of Vietnam shall take measures to carry out the compulsory collection of debts (principal and interests) and the payment of penalty (if any) as follows:

1- To deduct the deposit account of the borrowing bank at the State Bank of Vietnam to enforce the debt payment in each payment period.

2- To collect debts from other sources (if any) of the borrowing bank;

3- In case where the deduction of deposit accounts of the borrowing bank at the State Bank of Vietnam and the collection of debts from other sources of the borrowing bank can not be sufficient to repay the debt, the State Bank of Vietnam shall classify the outstanding debt (principal and interests), which is not yet recovered, as overdue and this debt shall be subject to the overdue interest rate.

Article 16. Treatment of mortgage assets in the event of compulsory debt collection

1- Collection of debt by payment of the mortgaged valuable paper, which becomes matured, in case where the State Bank of Vietnam is the issuer or authorized to pay to the beneficiary (the legal owner);

2- Requesting the institution, which is responsible for the payment of matured valuable paper, which are mortgaged at the State Bank of Vietnam, to directly pay to the State Bank of Vietnam, as the performance of the obligation the beneficiary (the legal owner) has committed to.

III. ORGANIZATION OF THE IMPLEMENTATION

Article 17. Authority to perform the mortgage lending

The State Bank of Vietnam shall perform the mortgage lending at the Banking Operations Department and State Bank branches in provinces, cities under the central Government's management.

1- The Director of the Banking Operations Department of the State Bank of Vietnam shall perform the mortgage lending to banks with Head-offices in Hanoi;

2- General managers of the State Bank's branches in provinces, cities under the central Government's management shall perform the mortgage lending to banks with Head-offices in their respective localities (except for Hanoi).

Article 18. Responsibilities of borrowing banks

1- To provide sufficiently, timely files, documents in accordance with provisions in this Regulation and be responsible before the laws for the accuracy of the data and documents they have provided;

2- To comply with commitments they have made to the State Bank of Vietnam under the contract of lending secured by the mortgage of valuable paper and to timely repay, to use the mortgage lending funds for the right purpose.

3- To deliver fully accepted valuable paper when they borrow funds. To receive the entire mortgaged assets when they have fully repaid (principal and interests) the State Bank of Vietnam.

Article 19. Responsibilities of units of the State Bank of Vietnam

1- The Monetary Policy Department: To determine the limit and interest rate of the mortgage lending in each period for submission to the Governor for approval and to give notice to related units of the State Bank for their performance.

2- The Credit Department shall be responsible for

a- Giving notice of the limits of mortgage lending, which can be used by the Banking Operation Department, State Bank' branches in provinces, cities after they are approved by the Governor of the State Bank. 

b- Reporting to the Governor of the performance of the limit of the mortgage lending in the Banking Operation Department, State Bank' branches in provinces, cities.

3- The Banking Operation Department shall be responsible for:

a- Public announcement of interest rate of the mortgage lending at the Banking Operation Department.

b- Receipt and verification of application file for mortgage lending and performance of the mortgage lending in accordance with provisions of this Regulation.

c- Receipt, keeping and maintenance, delivery of mortgage assets, files, documents relating to the mortgage loan and performance of the accounting in accordance with provisions of applicable laws;

d- Compilation of monthly information, data of mortgage lending, timely discovery of obstacles, difficulties, which arise during the implementation in order to report to the Governor of the State Bank and send to the Credit Department, the Monetary Policy Department.

4- The Finance and Accounting Department shall provide guidance on the accounting for the mortgage lending.

5- State Bank's branches in provinces, cities under the central Government's management

a- Public announcement of interest rate of the mortgage lending at the office of the State Bank.

b- Receipt and verification of application file for mortgage lending of banks in respective localities  and performance of the mortgage lending in accordance with provisions of this Regulation within the limits approved by the Governor of the State Bank.

c- Receipt, keeping and maintenance, delivery of mortgage assets, files, documents relating to the mortgage loan and performance of the accounting in accordance with applicable provisions;

d- Compilation of monthly information, data of mortgage lending, timely discovery of obstacles, difficulties, which arise during the implementation in order to report to the Governor of the State Bank and send to the Credit Department, the Monetary Policy Department.

Article 20. Implementing provision

The amendment, supplement of the content of this Regulation shall be decided upon by the Governor of the State Bank.

LIST OF VALUABLE PAPER PROPOSED FOR USE AS MORTGAGE ASSETSFOR BORROWING FUNDS FROM THE STATE BANK

Unit: 1 VND

Note: Paper of the same maturity shall be grouped in column (2)

LIST OF VALUABLE PAPERS ACCEPTED FOR USE AS MORTGAGE ASSETS FOR BORROWING FROM THE STATE BANK

Unit: 1 VND

 Note: Paper of the same maturity shall be grouped in column (2)

Form No. 03/CC

NOTICE

OF THE APPROVAL OF LENDING SECURED BY THE MORTGAGE
OF VALUABLE PAPER BY THE STATE BANK OF VIETNAM 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 of the State Bank of Vietnam.

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:

1. Amount of mortgage lending:.............................................................................................

2. Mortgage lending interest rate:...........................................................................................

3. The last term of mortgage lending is on............................ with following repayment periods:

3.1........................................................................................................................................

3.2........................................................................................................................................

3.3........................................................................................................................................

............................................................................................................................................

4. Valuable paper used for mortgage shall be in accordance with the list of valuable papers accepted 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 of the bank...........and its implementation.

Form No. 04/CC

NOTICE

OF THE NON-APPROVAL OF LENDING SECURED BY THE MORTGAGE
OF VALUABLE PAPER BY THE STATE BANK 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 of the State Bank of Vietnam.

After considering the proposal file for mortgage by the Bank........... on..............., 200..., the State Bank of Vietnam does not accepts to perform the lending secured by the mortgage of valuable paper to the bank .............. with following reasons:

1. ........................................................................................................................................

............................................................................................................................................

2. ........................................................................................................................................

............................................................................................................................................

3. ........................................................................................................................................

............................................................................................................................................

The State Bank of Vietnam would like to inform for the knowledge of the bank........................

Form No. 05/CC

CONTRACT ON LENDING SECURED
BY MORTGAGE OF VALUABLE PAPER

No. ......................................................................................................................................

Name of applicant bank:............................................... Code................................................

Address:...............................................................................................................................

Number of deposit account:..................................................................................................

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……….recognizes 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 of the Governor of  the State Bank of Vietnam.

APPLICANT BANK

----, date--------

ACCEPTANCE BY 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:.....................................................................................................

Types of paper accepted for use as mortgage assets:............................................................

Purpose of mortgage lending:...............................................................................................

LENDING BANK

..........., date.............

DISBURSEMENT OF BORROWING AMOUNT AND REPAYMENT PERIODS

FOLLOWING UP REPAYMENT PERFORMANCE AND OVERDUE DEBT