The State Bank of Vietnam (SBV) is drafting a Circular amending and supplementing a number of articles of Circular No. 09/2015 / TT-NHNN dated July 17, 2015 regulating the activities of buying and selling debts of the team Credit functions (credit institutions), foreign bank branches. Guaranteed to manage debt trafficking activities fully and stricter. Photo of MinhNNN said Circular No. 09/2015 / TT-NHNN issued and implemented for more than 5 years, in the process of trading debt, credit institutions and foreign bank branches, reporting some problems Because of Circular No
. 09, there have been regulations but not specifically guided to handle a number of cases arising in practice: pricing the debt; handling exchange rate differences; financial handling in case the debt buyer is a credit institution; ..
Recently, the phenomenon of credit institutions to sell debts to the debt buyers are not credit institutions and are paid for delaying debt purchase. This activity can lead to reflecting the lack of objectivity on the status of credit-level debts at the credit institutions. From the above reasons, to ensure the agreement with the law and handle the problems Actual arising, the amendment and supplement of a number of articles of Circular No. 09 is very necessary. Guaranteed management of debt trading activities fully and stricter than 09/2015 / TT-NHNN 26 things. Draft circular amendments and supplements to a number of articles of this Circular shall stipulate amendments and supplements to 9 articles (supplementing 1 Article and amending 8 articles). Detective, draft Circular supplementing Article 15A on management Tracking in case of selling part of the debt or sells a debt to many debt buyers. Accordingly, the monitoring management in case of selling a debt or selling a debt to multiple debt buyers according to the provisions of Clause 9, Article 5 of this Circular shall comply with the following principles: 1- Case of sellers Debt also owns a part of the debt sold, the debt seller continues to work as a focal point to manage dossiers, documents, guarantee measures and other related issues of the debt. The unskilled debt, the debt seller continues to manage, monitor and classify debts and settle risk provisions according to regulations. The debt seller case is no longer the owner of the debt sold but the The party needs, the debt seller shall continue to work as a focal point to manage dossiers, documents, guarantee measures of debts and other issues related to debts under the agreement of the Parties
2 - Rights and obligations of parties and the handling of issues arising in case the debt seller as a focal point to manage dossiers, documents, guarantee measures and other issues related to paragraphs Debt specified in Clause 1 of this Article shall comply with the contract as part-agreed by the parties in accordance with the law. According to the SBV, Clause 9, Article 5 of Circular 09/2015 / TT-NHNN prescribes: "Case sale Part of the debt or sells a debt for many debt buyers, the debt sellers and debt buyers agree with each other on the participation rate, implementation method, rights and obligations of each party, dividing prices value Guaranteed (if any) for the debt purchase, sale and other specific contents at the purchase and sale contract to ensure compliance with the provisions of law ". However, Circular 09/2015 / TT -NNNN has no specific provisions on "monitoring in case of selling a debt or selling a debt to many debt buyers". Therefore, the draft of the revised circular has additional regulations on this issue to ensure the management of debt trafficking activities is fully and stricter .N.NNN also said that Resolution 42/2017 / QH14 is real Existing for a period of 5 years from August 15, 2017 to 15/8/2022 with a number of specific mechanisms in the earnings of interest income, handling differences when selling bad debts of credit institutions . To ensure consistency and handling in accordance with the provisions of Resolution No. 42/2017 / QH14, Article 1 of Circular 09/2015 / TT-NHNN (scope of adjustment) will be added Clause 3 of Article 1 REGULATION: "During the period of Resolution No. 42/2017 / QH14, the pilot processing of bad debts of credit institutions takes effect and debts prescribed in Clause 1, Article 1 of Circular 09/2015 / TT-NHNN if subject to Resolution No. 42/2017 / QH14, the credit institution, a foreign bank branch to buy and sell these debts in accordance with Resolution No. 42/2017 / QH14 and Provisions in this Circular ". You read See full text and suggestions here. Minh virtue . Dịch vụ:
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