Get The New Regulations To Prevent Credit Institutions To Hide Bad Debts

The State Bank is getting opinions on the draft Circular amending and supplementing a number of articles of Circular No. 09/2015 regulating the activities of buying and selling debts of credit institutions and foreign bank branches. The State Bank said that in the process of making debt trading according to Circular No. 09/2015, the foreign bank's credit institutions and branches reported to arise some difficulties due to Circular No. 09 / 2015 There are no specific guidelines for handling a number of cases that arise in the actual debt valuation, handling of exchange rate differences and financial handling in cases where debt buyers are credit institutions

. Also according to the State Bank's reflection, recently having a phenomenon of credit institutions to sell debts to the debt buyers are not a credit institution and be paid slowly to buy debts. This activity can lead to reflecting lack of objectivity on the status of credit-level debts at credit institutions. Therefore, it is necessary to amend the Circular No
09/2015 to prevent the phenomenon of cross-loan credit institutions to hide bad debts. According to the draft amendment, credit institutions and branches Foreign goods will not be granted credit to customers to buy their own debt or credit institutions and other foreign bank branches. This is to ensure that debt purchases are transparent, preventing credit institutions that can take advantage of debt purchase to hide bad debts. Thao clearly states, the debt has not completed the purchase and sale of debts when The party has signed a debt trafficking contract and is in the performance of the contract. The buyer has not completed the payment of money under contracts and the seller has not done the transfer of debt to the debt buyers. The debt is still owned by the debt seller. The status of debt is the basis for clearly defining the rights and responsibilities of the owner of the debt of managing, monitoring and bearing risks during the process of buying and selling debts. PRIVATE 09/2015 There is currently no specific provisions on this issue. Therefore, according to the State Bank, credit institutions can take advantage of debt trading for the purpose of hiding bad debts. According to the new draft, the debts have not completed the purchase and sale are still owned by the seller's ownership in debt
Therefore, the seller still has to manage debt classification and provisions for provisions. The amount of the purchaser has been paid (not enough) is considered a prepaid amount. The draft is also clear, in case the debt is sold to multiple parties, the management of the debt needs to be agreed by the parties to the participation rate, the implementation method, the rights and obligations of the parties and stools Divide asset secured. In case the debt seller also owns a part of the debt, the seller needs to continue as a focal point to manage the records and documents, .. of the debt to ensure the incurred More problems can cause risks to credit institutions. The seller can also continue as a clue if the buyers buy debt proposal. Duong Duong (VNA)

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