DECISION No.141/1998/QD-NHNN21 OF APRIL 20, 1998 TO AMEND AND SUPPLEMENT A NUMBER OF ARTICLES OF DECISION No.71/1998/QD-NHNN21 OF FEBRUARY 19, 1998 OF THE GOVERNOR OF THE STATE BANK ISSUING THE REGULATION ON THE PROPERTY PLEDGE BY CREDIT INSTITUTIONS WHICH BORROW CAPITAL FROM THE RURAL DEVELOPMENT FUND FINANCED BY THE WB

THE GOVERNOR OF THE STATE BANK

Pursuant to the Civil Code of the Socialist Republic of Vietnam;

Pursuant to the Ordinance on the State Bank of Vietnam; the Ordinance on Banks, Credit Cooperatives and Financial Companies of May 23, 1990;

Pursuant to the Credit Development Treaty No. 2855-VN of July 19, 1996 between the Socialist Republic of Vietnam and the International Development Association, the World Bank;

Pursuant to Decree No. 15-CP of March 2, 1993 of the Government on the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;

Pursuant to Decision No. 47/QD-NH21 of February 28, 1997 of the Governor of the State Bank on the issuance of the "Regulation on the Management and Use of the Rural Development Fund";

Pursuant to Decision No. 1641/QD-TCCB of November 27, 1995 of the Governor of the State Bank to assign the Board of Management of Banking Projects to perform the banking wholesale function of the "Rural Finance" Project financed by the World Bank;

Pursuant to Official Dispatch No. 340/CP-KTTH of March 28, 1998 of the Prime Minister on the property mortgage or pledge exemption for State-owned commercial banks when they borrow capital from the Rural Development Fund;

At the proposal of the Director of the Board of Management of Banking Projects,

DECIDES:

Article 1.- To amend and supplement a number of articles and clauses of Decision No. 71/1998/QD-NHNN21 of February 19, 1998 of the Governor of the State Bank and the "Regulation on the property pledge by credit institutions which borrow capital from the Rural Development Fund financed by the WB" as follows:

1. The summarized contents of Decision No. 71/1998/QD-NHNN21 of February 19, 1998 of the Governor of the State Bank is amended as follows:

" On the issuance of the Regulation on the property mortgage or pledge and the guaranty for the capital borrowing by credit institutions which borrow capital from the Rural Development Fund financed by the WB"

2. To amend the name of the "Regulation on the property pledge by credit institutions which borrow capital from the Rural Development Fund financed by the WB" issued together with Decision No. 71/1998/QD-NHNN21 of February 19, 1998 of the Governor of the State Bank as follows:

"Regulation on the property mortgage or pledge and the guaranty for the capital borrowing by credit institutions which borrow capital from the Rural Development Fund financed by the WB"

3. To amend and supplement some clauses to Article 1,3 and 8 of the Regulation as follows:

a/ Article 1: The following is supplemented to the end of the Article:

Particularly for State-owned commercial banks which have been selected by the State Bank and the World Bank for participating in the Rural Finance Project, they shall not have to mortgage or pledge their property when borrowing capital from the Rural Development Fund financed by the WB.

b/ Article 3: is amended and supplemented as follows:

The name of Article 3 is changed into: "Property used for mortgage or pledge include:"

Clause 2: Foreign currency in US dollar (or other foreign currency (ies) accepted by the State Bank); this amount of foreign currency shall be deposited at the Transaction Office of the State Bank and enjoy an interest at the current interest rate for foreign currency deposits prescribed by the Governor of the State Bank.

Clause 4: Apart from those kinds of property specified in Clause 1, 2 and 3 of Article 3, credit institutions may also use other kinds of property for mortgaging or pledging as prescribed in the "Regulation on the property mortgage and pledge and the guaranty for the borrowing of bank loans" issued together with the State Bank Governor's Decision No. 217-QD/NH1 of August 17, 1996 for mortgaging, pledging or enjoying the guaranty by a third party when borrowing capital from the Rural Development Fund financed by the WB.

The scope, form, order, procedures and modes of handling the mortgaged or pledged property or the property guaranteed by a third party shall comply with Decision No. 217-QD-NH1 OF August 17, 1996 of the Governor of the State Bank.

c/ Article 8: is amended and supplemented as follows:

The name of Article 8 is changed into "Storing, managing and preserving pledged property"

Clause 3: The Accountancy-Finance Department shall guide the cost-accounting procedures for foreign currencies, gold, silver and precious stones used as pledges to borrow capital from the Rural Development Fund.

Clause 4: To assign with written authorization the Directors of the State Bank's branches of the provinces or cities where the main offices of the joint-stock commercial banks are located to process the procedures for signing property mortgage contracts and deal with other relevant matters in accordance with the State Bank Governor's Decision No. 217-QD/NH1 of August 17, 1996.

Clause 5: When borrowing capital from the Rural Development Fund, joint-stock commercial banks shall also have to send to the Board of Management of Banking Projects the property mortgage contracts (notarized copies) already signed with the directors of the State Bank's provincial or municipal branches.

Clause 6. To assign (with written authorization) the Directors of the State Bank's branches of the provinces or cities where the main offices of the joint-stock commercial banks are located to evaluate and inspect the pledged property which are gold, silver or precious stones before signing pledge contracts and organize the preservation of such property.

Article 2.- This Decision takes effect from the date of its signing.

Article 3.- The director of the Governor's Office, the chairman of the Board of Management of Banking Projects, the chief inspector, the director of the Department for Economic Studies, the director of the State Bank's transaction office, the director of the Accountancy-Finance Department, the heads of the units of the Central State Bank, the directors of the State Bank's provincial/municipal branches, chairmen of the Managing Boards and the general directors (directors) of the credit institutions that borrow capital from the Rural Development Fund shall have to implement this Decision.

For the Governor of the State Bank

Deputy Governor

DUONG THU HUONG