This is one of the new regulations being taken into a draft Circular amending and supplementing a number of articles of Circular 09/2015, regulating debt trading activities of banks.0: 00/4 : 33 Southern regions according to the State Bank, in the process of making debt trading under Circular 09/2015, credit institutions and foreign bank branches have shown that some arise problems due to this Circular No specific guidance on how to valuere the debt, handling exchange rate differences, financial handling for some cases of debt buyers are other credit institutions ... Besides, recently also have some phenomena Credit institutions to sell debt to debt buyers are not credit institutions and are paid for delayed debt purchase
. The management agency argues that this activity can lead to reflecting the lack of objectivity on the status of credit-level debts at banks. So to ensure uniform with legal and handling regulations Recommended, the SBV has proposed amending and supplementing a number of articles of Circular 09/2015.Not self-organizing debt auction in changes in the draft new Circular is the SBV Remove the regulations to allow banks to organize the auction of the debt as before
At that time, the debt auction activities will only be carried out when the debt seller (bank) hires a specialized auction organization Career implementation. According to the monetary management agency, this provision is made in accordance with the asset auction law. In particular, the organization is allowed to auction for assets only including the property auction service center and the asset auction enterprise. The value of the new circular requires the valuation of the debt to be implemented. According to the price legal regulations. In particular, it stipulates that the bank shall determine the debt purchase and sale price according to the agreement method and the starting price according to the auction method. The debt will only be auctioned when the bank hires a sale organization Professional auction implementation. Photo: Nam Khanh. Specifically, the price will be based on the book value of the debt and interest that the debtors must pay in the future. At the same time, the price calculation bases also includes a group of debt classified, financial situation of borrowers, market demand and other factors that affect the value of debt, revocation capability, status And the value of asset security (if any) at the time of valuation
In addition, the debt price must also comply with the Ministry of Finance's regulations and guidelines for price appraisal standards. 09 Not yet stipulating the valuation of debts, so the draft of the New Circular needs to supplement the above provisions. This also asserts autonomy in pricing debts according to the price laws of banks. Besides, Circular 09 is currently also regulating the elements of financial situation of borrowers and market supply and demand And other factors that affect the value of debt, status and values of Protocol (if any) of the debt at the time of valuation. This makes it difficult for banks to valur Debt and proposals are more specific guidelines .NNNNing the Ministry of Finance has issued guiding documents on value-appraisal enterprises and promulgating valuation criteria (13 standards). Recently, many organizations and units have reflected on difficulties and problems in pricing for debts, the Ministry of Finance is studying to issue a separate evaluation criteria for debts. , other organizations outside the valuation enterprise shall also apply the Ministry of Finance's appraisal criteria, including banks. Blocking of bad debt hiding in the new draft, the SBV proposes to allow the seller Debt is acquired of debts sold in case of acquisition according to the approved restructuring plan. Earlier, Circular 09 regulates the debt seller, not acquiring debts sold. In some special cases, the bank can acquire the sold debts. Photo: Nam Khanh.Theo SBV, this agency has a report to the Prime Minister on restoration plans related to compulsory acquisition banks. Accordingly, bundled banks are required to buy debt from credit institutions to re-restructure, and in the case of risk arising, the bought bank is required to resale debts purchased for credit institutions Reservoirs. A new regulation is added by the SBV to this draft with the aim of limited the bad debt concealment status of banks that are requiring credit institutions not to grant credit to customers to buy debts Of that credit institutions or other credit institutions. This proposal is introduced on the reflection of the Bank Supervisory Inspectorate said through the inspection and supervision, this agency shall be prohibited to prohibit the issuance of credit institutions Credit to customers to buy debts of other credit institutions to prevent phenomenon of cross-loan credit institutions to hide bad debts. In addition, the draft is also specified in case the debt is sold to many parties The management of debts should be agreed by the parties to the participation rate, the method of implementation, rights and obligations of the parties, dividing the property M.In the case of the party . Dịch vụ:
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