Decision No. 1348/2001/QD-NHNN amends the provisions on guarantee fees of credit institutions, allowing them to determine fee levels appropriate to their costs and risks. This decision shall take effect fifteen days from the date of issuance.
适用范围
Credit institutions
要点
- Credit institution → is specified with types and levels of guarantee fees that are appropriate to the costs of the credit institution and the level of risk of the business. The fees must be publicly posted.
- In the case of reciprocal guarantees, confirmation of guarantees, joint guarantees, credit institutions → directly agree on the level of guarantee fee each institution receives based on the guarantee fee collected from the customer.
🌐 本文件的社会影响
- Positive impact: Allows credit institutions to flexibly determine fee levels, helping them adjust appropriately to costs and risks.
- Negative impact: May lead to unfairness if credit institutions apply inconsistent fee levels.
❓ 常见问题
How are credit institutions regulated regarding guarantee fees?
Credit institutions are specified with types and levels of guarantee fees that are appropriate to the costs of the credit institution and the level of risk of the business. The fees must be publicly posted.
In the case of reciprocal guarantees, confirmation of guarantees, joint guarantees, what can credit institutions do?
Credit institutions directly agree on the level of guarantee fee each institution receives based on the guarantee fee collected from the customer.
When does this decision come into effect?
This decision shall take effect fifteen days from the date of issuance.
What will happen to the old regulations related to guarantee fees?
The provisions at Clause 7, Article 1 of Decision No. 386/2001/QD-NHNN dated April 11, 2001, of the Governor of the State Bank of Vietnam on Amending and Supplementing Certain Articles in the Guarantee Banking Regulation issued together with Decision No. 283/2000/QD-NHNN14 dated August 25, 2000, of the Governor of the State Bank of Vietnam cease to be enforceable.
What actions must credit institutions undertake to comply with this decision?
The Director of the Office, Heads of Departments under the State Bank of Vietnam, heads of relevant units under the State Bank of Vietnam, Governors of provincial branches of the State Bank of Vietnam, Chairmen of the Board of Directors, General Directors (Directors) of credit institutions are responsible for implementing this decision.
全文
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STATE BANK OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 1348/2001/QD-NHNN |
Hanoi, October 29, 2001 |
Pursuant to …;
Regarding amendments to certain provisions related to guarantee fees
of credit institutions
_______________
GOVERNOR OF THE STATE BANK OF VIETNAM
Pursuant to the Law on the State Bank No. 01/1997/QH10 dated December 12, 1997 and the Law on Credit Institutions No. 02/1997/QH10 dated December 12, 1997;
Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for management of Ministries and ministerial-level agencies;
At the proposal of the Director of the Credit Department.
Pursuant to …;
Article 1: Amend Article 22 of the Guarantee Regulation issued together with Decision No. 283/2000/QD-NHNN14 dated August 25, 2000 of the Governor of the State Bank of Vietnam as follows:
"Article 22: Guarantee Fee
1. Credit organizations shall specify types and levels of guarantee fees (including late payment guarantee fees) for customers, in accordance with the costs of credit organizations and the risk level of this business. Credit organizations must publicly display the guarantee fee schedule at transaction locations for customers to be aware.
2. In cases of reciprocal guarantees, confirmation guarantees, and joint guarantees, credit organizations shall directly negotiate with each other regarding the level of guarantee fee that each credit organization will enjoy based on the guarantee fee collected from customers."
Article 2: This Decision takes effect fifteen days after the date of signature. The provisions in Clause 7, Article 1 of Decision No. 386/2001/QD-NHNN dated April 11, 2001 of the Governor of the State Bank of Vietnam concerning amendments and supplements to certain Articles in the Guarantee Regulation issued together with Decision No. 283/2000/QD-NHNN14 dated August 25, 2000 of the Governor of the State Bank of Vietnam cease to be enforceable.
Article 3: The Heads of the Office, Directors of the Credit Department, heads of relevant units under the State Bank of Vietnam, Governors of provincial branches of the State Bank of Vietnam under central cities, Chairmen of Management Boards, General Managers (Directors) of credit organizations are responsible for implementing this Decision.
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