Công văn 3678/NHNN-CSTT

Official Dispatch No. 3678/NHNN-CSTT of May 11, 2011, On the situation of entrustment, entrustment taking for lending

Nội dung toàn văn Official Dispatch No. 3678/NHNN-CSTT, On the situation of entrustment, entrustme


STATE BANK OF VIETNAM
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------

No: 3678/NHNN-CSTT
Ref: On the situation of entrustment, entrustment taking for lending

Hanoi, May 11, 2011

 

 To:

- Foreign bank's branches
- Joint venture banks
- 100% foreign owned banks

 

Currently, the State Bank of Vietnam is studying and drafting a Circular providing for the entrustment, taking entrustment for lending by credit institutions in accordance with provisions of the Law on Credit Institutions, which shall replace the Decision No. 742/2002/QD-NHNN dated 17 July 2002 of the Governor of the State Bank. As a practical basis for the draft of this Circular, the State Bank of Vietnam hereby kindly requests foreign bank's branches and 100% foreign owned banks (foreign banks), joint venture banks to report some contents as follows:

1. The real situation of entrustment, taking entrustment for lending by foreign banks and joint ventures banks in the past time:

1.1. In regard of the entrustment taking for lending by foreign banks and joint venture banks (entrustment taking party):

a. Matters relating to the entrustment taking by foreign banks and joint venture banks for lending from the Government, credit institutions, other domestic organizations and individuals:

- Up to April 2011, foreign banks and joint venture banks have taken entrustment from which organizations, individuals for lending? To specify name of the entrusting party, for example: Government, credit institutions (commercial banks, finance companies, 100% foreign owned banks, joint venture banks), foreign bank's branches; other domestic organizations, individuals.

- Specific regulations of the foreign banks and joint venture banks on conditions applicable to the entrusting party:

+ For the entrusting party being an entity, what are the conditions? For example: the purpose of entrustment is for lending to particular investment projects, business - production plan; the entrusting party is authorized by the law to perform the entrustment activity; has civil legal capacity, financial capacity, professional capacity in lending operation?…

+ For the entrusting party being an individual, what are the conditions: For example: legal capacity and civil act capacity; other conditions applicable to an entity as mentioned above.

- Method of entrustment:

+ Package entrustment for all phases in the lending process: Appraisement - disbursement - collection of principal and interest debt - classification of debt, making provision and dealing with risk - receipt and disposal of secured assets?

+ Or, entrustment for some phases in the lending process, which phases are they?

- The entrusted capital is in Vietnamese dong or foreign currency?

- Principal terms of the Contract on entrustment and entrustment taking which is signed by the parties? For example: Purpose of the entrustment, capital amount, entrustment fee, lending interest rate applicable to the customer, responsibility of the parties…

- Accounting (on-balance or off-balance) of the foreign bank and joint venture bank (entrust taking party) for the entrusted capital resource and outstanding loan from the entrusted capital resource.

- Classification of debt, making provision and dealing with risk in respect of outstanding loan from the entrusted capital resource shall be performed by the foreign bank and joint venture bank or by the entrusting party?

- What is the entrustment fee that is received by the foreign bank and joint venture bank? On what basis this fee is agreed?

- The receipt of loan secured asset of the customers for the outstanding loan from the entrusted capita resource: The entrusting party or the lending foreign bank and joint venture bank receives secured asset?

- The risks actually arising against the foreign bank and joint venture bank that takes entrusted capital for lending in the past time: What are the risks? Reason for each risk? Measures of preventing from risk of the foreign bank and joint venture bank and the supplement, amendment of the entrustment and entrustment taking mechanism?

b. Matters arising when the foreign bank and joint venture bank takes entrustment from commercial banks, financial - credit institutions, other overseas organizations and individuals (if any): To report similar contents as provided for in point a hereinabove.

1.2. In respect of the capital entrustment activity of the foreign bank and joint venture bank (entrusting party)

a. Matters relating to the capital entrustment by foreign banks and joint venture banks to the Government, credit institutions, other domestic organizations and individuals for lending (To report similar contents as provided for in item a/1.1 hereinabove): (1) Up to April 2011, foreign banks and joint venture banks have entrusted capital to which organizations, individuals for lending? To specify name of the entrusting party; (2) Specific regulations of the foreign banks and joint venture banks on conditions applicable to the entrustment taking party, conditions should be specified?; (3) Method of entrustment is package entrustment and/or entrustment for some phases of the credit process: Appraisement - disbursement - collection of principal and interest debt - classification of debt, making provision and dealing with risk - receipt and disposal of secured assets; (4) Entrusted capital is in Vietnamese dong or foreign currency? (5) Contents of terms and conditions in the Contract of entrustment and entrustment taking; (6) Accounting of the foreign bank and joint venture bank for the entrusted capital amount and outstanding loan to customers from the entrusted capital resource; (7) Classification of debt, making provision and dealing with credit risk; Entrustment fee; (8) What are the risk actually arising against the entrustment activity? Reason and proposing measure for the amendment and supplement of regulations on entrustment and entrustment taking for lending by the State Bank of Vietnam.

b. Matters relating to the capital entrustment by the foreign bank and joint venture bank to credit institutions, other overseas organizations for lending (if any): To report similar contents as provided for in item a/1.1 hereinabove.

2. To report some data about entrustment, entrustment taking for lending by foreign banks and joint ventures banks in line with the form attached herewith.

The Good Bank is requested to send report to the State Bank of Vietnam (Monetary Policy Department) prior to 20 May 2011 at the following address: 49 Ly Thai To, Hoan Kiem, Hanoi; telephone: 04. 38246955; fax: 04. 3824 6953, email: [email protected].

Your kind cooperation is much appreciated.

 

 

AUTHORIZED BY THE GOVERNOR
DIRECTOR OF THE MONETARY POLICY DEPARTMENt




Nguyen Ngoc Bao

 

Name of the reporting unit:….

Form No. 01

 

REPORT ON OUTSTANDING LOAN FROM THE ENTRUSTED CAPITAL RESOURCE

Unit: VND billion

Norm

31/12/2009

31/12/2010

30/4/2011

Total outstanding loans from the entrusted capital resource

 

 

 

Of which:

 

 

 

1. Classified by maturity

 

 

 

- Short term

 

 

 

- Medium, long term

 

 

 

2. Classified by type of currency

 

 

 

- VND

 

 

 

- Foreign currency

 

 

 

3. Classified by subject that entrusts the foreign bank/joint venture bank for lending

 

 

 

3.1. Domestic organizations, individuals

 

 

 

- Finance companies

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Credit Institutions (excluding finance companies)

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Government

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Organizations (other than CIs)

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Individuals

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

3.2. Foreign organizations, individuals

 

 

 

- Parent companies

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Commercial banks

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Financial institutions

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Other organizations

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Individuals

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

 

 

 

 

 

Drawer

…., date ……… 2011
General Director

 

Instructions for the form preparation:

- Number of contracts shall mean the number of entrustment contracts which remain effective as of 31 December of every year and 30 April 2011.

 

Name of the reporting unit:….

Form No. 01

REPORT ON OUTSTANDING LOANS AS ENTRUSTMENT

Unit: VND billion

Norm

31/12/2009

31/12/2010

30/4/2011

Total outstanding loans entrusted for lending

 

 

 

Of which:

 

 

 

1. Classified by maturity

 

 

 

- Short term

 

 

 

- Medium, long term

 

 

 

2. Classified by type of currency

 

 

 

- VND

 

 

 

- Foreign currency

 

 

 

3. Classified by subject that is entrusted by the foreign bank/joint venture bank

 

 

 

- Finance companies

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Credit Institutions (other than finance companies)

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Foreign bank's branches

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Vietnam Development Bank

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Other organizations which are not CIs

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

- Foreign organizations (if any)

 

 

 

+ Outstanding loans

 

 

 

+ Number of contracts

 

 

 

 

 

 

 

 

Drawer

…., date ……… 2011
General Director

Instructions for the form preparation:

- Number of contracts shall mean the number of entrustment contracts which remain effective as of 31 December of every year and 30 April 2011.

- To specify name of the organizations other than CIs which are entrusted by the foreign bank/joint venture bank.

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              Official Dispatch No. 3678/NHNN-CSTT, On the situation of entrustment, entrustme
              Loại văn bảnCông văn
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              Cơ quan ban hànhNgân hàng Nhà nước
              Người kýNguyễn Ngọc Bảo
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              Ngày hiệu lực11/05/2011
              Ngày công báo...
              Số công báo
              Lĩnh vựcTiền tệ - Ngân hàng
              Tình trạng hiệu lựcKhông xác định
              Cập nhật13 năm trước

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