Factors That Hinder the Process of Handling Collateral Assets to Recover Bad Debts at Maritime Commercial Joint Stock Bank, Hanoi Branch

Natural disasters, unexpected risks beyond expectations

Source: Compiled from business performance reports of Maritime Commercial Joint Stock Bank, Hanoi branch.

The above table shows that customers with business losses leading to the inability to repay debts to the Bank have a large proportion of bad debts, accounting for 51.23% of total bad debts.

* The loss caused by the borrowing unit is due to the fluctuation of the supply market, the price of raw materials when borrowing capital from the Bank is purchased at a high price but when there are finished products sold on the market, the price of raw materials is low. The enterprise cannot sell at the production cost to make a profit. In addition, the loss caused by the products produced not meeting the market demand leads to the impact of capital stagnation, making the enterprise unable to recover capital on time. Therefore, there is a loss in business.

Some units borrowed and opened deferred payment L/C at Maritime Commercial Joint Stock Bank, Hanoi branch, signed contracts to import goods with fixed prices and quantities right from the time of signing the contract, the signing time before the Asian financial and monetary crisis took place, so the units had to import goods at high prices. However, when put into production, due to the impact of the Asian financial and monetary crisis in 1997 and 1998, commodity prices decreased and purchasing power decreased. Enterprises borrowing capital could not sell manufactured goods at input costs, and moreover, the purchasing power of the people decreased. Therefore, business losses were inevitable. That is why these units could not pay enough to foreign partners according to the signed contract. Maritime Commercial Joint Stock Bank, Hanoi branch, is the bank that opens deferred payment L/C, which means that the guarantor bank is forced to pay on behalf of customers to comply with the signed contract for partners, which are banks and other organizations.

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Exporting units of the trading partner. Therefore, the debts of enterprises opening deferred payment L/Cs with the Bank have arisen and up to now, most of them have turned into bad debts. For example, the debt of the Electricity - Electronics - Telecommunications - Shipbuilding Company under the Vietnam Shipbuilding Corporation opened 5 deferred payment L/Cs for shipments of electronic equipment and marine instruments imported from Singapore worth nearly 1 million USD but only paid over 700 thousand USD. The Bank had to pay 285,000 USD on behalf of this company. Up to now, the bad debts of this company have arisen for many years, the original bad debt is 195,000 USD.

* Bad debt arises due to the subjective intention of customers not to repay the Bank. The proportion of bad debt arising from this type is low, accounting for only 1.35% of bad debt balance at the branch.

Factors That Hinder the Process of Handling Collateral Assets to Recover Bad Debts at Maritime Commercial Joint Stock Bank, Hanoi Branch

Such as the loan of the Fashion Garment Production Development Company Limited. In November 1996, this company borrowed 150 million VND from the Bank to cooperate with Bat Trang Nam Hai Ceramic Company to produce ceramics for export. The production and business project was very feasible and the Bank decided to lend capital. The company director, Mr. Nguyen Thanh Chung, mortgaged his house and 63 m2 of land .

In Ai Mo village, Bo De commune, Gia Lam district, Hanoi, the value when appraising the mortgaged property is 220 million VND, the loan term is 1 year. The mortgaged property papers to borrow capital from the Bank are completely valid. By 2/98, the company had paid 55 million VND in principal. Due to losses in business, many companies were unable to repay the Bank. The company went bankrupt. The Bank was forced to handle the mortgaged property. However, the mortgaged property, the house above, was sold by Mr. Nguyen Thanh Chung and he fled, and is currently not found. Although when he mortgaged the Bank, Mr. Chung brought the original papers to mortgage (to date, the Bank still holds these papers). However, the Bank still cannot recover and handle this mortgaged property. When investigating the new owner of the house, it was known that this new owner also has completely complete legal documents for the house with confirmation from the local authorities. This document has a higher legal value because the house was sold to a new owner before Mr. Chung mortgaged it to the Bank. After selling the house to the new owner, the new owner did not move in and rented it to Mr. Chung for 6 months. Therefore, when the Bank inspected the mortgaged property before granting the loan, it did not detect any irregularities.

This. Is it true that when transferring the house to the new owner, the local authorities did not collect the documents certifying the ownership of the house and land in Mr. Chung's name? Thus, Mr. Chung intended to defraud the Bank right from the time he borrowed money from the Bank. Currently, the Bank has transferred the documents to the police for investigation.

* Bad debts arise due to force majeure, natural disasters, war... causing unexpected negative changes. This risk of customers causing bad debts at the branch accounts for 2.61% of total bad debts.

* Outstanding bad debt is in the process of collection. At Maritime Bank, there is currently a bad debt in the process of collection. Although there has been a court judgment, the Bank has the right to recover and handle the mortgaged property. However, the enforcement party has not yet completed all the legal procedures to hand over the mortgaged property to the Bank for management and auction.

* Customers use capital for the wrong purpose. The borrower does not comply with the agreement signed in the credit contract. When receiving the loan from the Bank, the customer did not use the capital as agreed in the signed credit contract. In many cases, after delivering the capital, the Bank found that the customer used the capital for the wrong purpose, the Bank immediately suspended the signed credit contract and asked the customer to repay the Bank. However, the customer used the loan for other purposes and was no longer able to repay the Bank in full. The mortgaged property is the property formed from the loan capital. However, because the customer did not comply with the agreement in the credit contract, the Bank did not have the mortgaged property to handle the debt. The type of bad debt arising from this reason was 3,291 million VND, accounting for 4.86% of bad debt.

* Other causes.


The State's macroeconomic policy has not been perfected, causing economic instability. The national legal system with its laws and sub-law documents is not yet fully synchronized and reasonable, and does not ensure a healthy competitive environment for economic activities.

In previous years, sometimes bank credit officers did not properly assess the loan, in some cases credit officers were too confident in the loan.

Regular customers should not need to be closely monitored and loans are based only on the information provided by the business instead of reliable financial data. Internal inspection and control work is sometimes neglected (in the past) so negative activities of customers cannot be detected and prevented in time.

The value of mortgaged assets has decreased. The process of handling mortgaged assets is complicated and has many shortcomings. Administrative procedures are very complicated, and the issuance of mortgaged assets according to the procedure of litigation fees is also very difficult. The rate of investigation, trial and enforcement fees is still high.


2.2.3 Factors that hinder the process of handling mortgaged assets to recover bad debts at Maritime Commercial Joint Stock Bank, Hanoi branch

For debts with collateral, the handling of bad debts is essentially the handling of mortgaged assets. However, the handling of mortgaged assets by the Bank to recover bad debts encounters many difficulties and obstacles. Some of the difficulties include:

- Difficulties caused by the mortgagee


Some borrowers of bank loans try every way to avoid the foreclosure of assets, abscond when the court takes testimony in court, deliberately delay the handling of assets, and when the mortgaged assets have been handled in the economic court, they ask for a final review so that the court must force them to handle them many times. Bankrupt borrowers who are unable to pay their debts must avoid paying their debts, so they do not sign to receive the loan, thus causing difficulties for the bank in carrying out procedures to handle bad debts.

There are customers who borrow money with mortgaged property such as houses and land but the documents are not valid, have not been granted a certificate of land use rights or the certificate of land use rights has not been issued by the right authority. Houses and land are often left by their ancestors, many people do not want to do the licensing paperwork, on the other hand, the high transfer tax causes a mentality of not wanting to complete the owner's profile. Therefore, handling mortgaged property is difficult when bad debts arise.

-The sale of mortgaged assets by the Bank is not favorable. The mortgaged assets do not meet the needs and tastes of the buyer, the assets are old, outdated, and of poor quality.

Quality, psychology of buyers do not want to buy assets of "bankrupt" people, if auctioned then the cost is high.

- Incomplete mortgage documents: Currently, according to the law, the mortgagee must mortgage the original legal documents to the lender. However, many types of assets are not fully documented, especially in the real estate sector (Currently, nationwide, only about 15% to 20% of households have land use right certificates), many types of assets do not have ownership certificates. Therefore, the Bank does not have enough legal basis to handle mortgaged assets, causing long-term outstanding debts.

- The right of the Bank to receive mortgaged and pledged assets has not been promoted. Therefore, when it is necessary to handle mortgaged assets, the mortgagor or pledgee does not hand over the assets to the Bank, or even delays, but currently the State has no legal documents addressing this issue. In some places, the local authorities who manage the borrower's administration do not really support the handling of assets, causing difficulties for the Bank in carrying out procedures for handling assets.

- Current legal procedures are extremely complicated. The examination, inspection and settlement of property disputes by public authorities takes a lot of time. There are cases where, although there has been a court judgment, after a long time, the Bank still does not see the enforcement agency. Many procedures take a lot of time for the Bank. The coordination between sectors and levels in handling mortgaged assets is still not tight, each level has a different perception. The Bank has great difficulty in organizing the auction of assets. For these reasons, many times the Bank does not want to litigate or dispute in court because it takes a lot of time and money, so the Bank often tries to negotiate with customers to find a solution.

- The system of legal documents on procedures, order, and steps for foreclosure and handling of mortgaged assets is not consistent and often contradicts each other. Therefore, it causes difficulties for the Bank in choosing to apply the enforcement provisions.

Above are some of the main difficulties and obstacles that make the handling of bad debts at Hanoi Maritime Commercial Joint Stock Bank slow and not as expected.


2.3 Handling of overdue and bad debts at branches.


2.3.1 Results achieved


The handling of overdue and bad debts in 2001 and 2002 achieved good results. In 2001, Hanoi Maritime Commercial Joint Stock Bank handled 27,972.5 million VND (principal debt), an increase of 25% compared to 2000, and in 2002 it was 25,676.5 million VND (not including interest of 7.345 billion VND). In recent years, overdue debts have decreased, bad debts have increased slightly (due to not being able to handle overdue debts less than 12 months before). This result is the result of the efforts of all Bank staff, credit quality has increased, so over the years, lending activities have become more organized. The branch has fully complied with the regulations of Vietnam Maritime Commercial Joint Stock Bank on pre-, during- and post-loan verification, urging customers to repay principal and interest when due, along with timely staffing for the Business Risk Handling Department, all staff of the Business Risk Handling Department have worked according to specialized regulations to enhance responsibility and focus in debt handling.

2.3.2 The solutions that the Bank offers to handle bad debts are:


- Strengthening staff work. Establishing a business risk handling department. Up to now, the business risk handling department has 8 staff members, all of whom are highly qualified and experienced in debt handling, all newly recruited or transferred from the center, directly managed by a deputy director. Each staff member is assigned specific tasks, enhancing the role of each person while also clearly defining personal responsibilities. The Bank has set out a clear reward and punishment system to encourage staff to work actively and effectively. The specific measures set out are increasingly diverse, in-depth and resolute, suitable to the situation of each customer with overdue debt and bad debt.

The coordination of bad debt handling is actively and closely implemented at the Bank. With the officers in charge of implementing loans that generate bad debt

Must be directly responsible for, urge debt collection, closely coordinate with the risk handling department to provide information exchange and propose the most appropriate solutions.

- Recover by forcing customers to sell mortgaged assets or directly selling mortgaged assets, auctioning assets through auction centers, mobilizing money from other income-generating activities to repay the Bank's debt. Department staff find all means to directly contact customers, investigate, learn, and collect information of each debtor. Thereby, clearly understand the business situation and difficulties customers encounter. Negotiate with customers, propose the most suitable solutions for each customer. For bad debts with mortgaged assets, the Bank resolutely carries out the recovery, prepares documents, completes necessary procedures and legal records, to directly auction assets, or forces customers to repay debts by other sources or customers must auction assets themselves through auction centers.

- For debtors who are slow to pay their debts. The Bank carries out the necessary legal procedures to sue these customers. This is not an optimal solution but is extremely necessary. Once a customer intentionally does not pay the Bank's debt, intentionally does not transfer the mortgaged property to the Bank for the Bank to handle, or has the intention of defrauding and wanting to appropriate the Bank's capital. According to the current law of our country, the Bank has not been equipped with the necessary sanctions by legal agencies to handle debts. Therefore, the Bank needs the cooperation and coordination of the authorities in handling debts. To sue a customer who is slow to pay debt, the Bank often coordinates with functional agencies such as the People's Committee of the province or district in charge, the court (economic court in the area), the police (economic police), the customer's managing units (corporations, parent companies, shareholders...), customers with related companies, the coordination of sectors and levels related to the company...

However, filing a lawsuit for debt is not always favorable, the liquidation of assets is often very complicated and involves many subjects, belonging to all economic sectors, especially if it involves state agencies and officials, then filing a lawsuit is very difficult and time-consuming. Legal procedures such as investigation, trial, and execution of judgments by state law enforcement agencies often take a lot of time. On the other hand, the cost of this work is not

must be small. Meanwhile, the Bank has capital stagnation due to not being able to handle debt, causing difficulties in business operations.

- Conduct investigation and management of companies, detect difficulties and obstacles from customers to come up with appropriate solutions. When a bank has made a loan, the bank officer in charge of the loan is almost like an employee of the customer, they grasp all information, changes from customers or external influences affecting customers. Coordinate with relevant authorities to create conditions for customers to do business effectively. Only when customers do business effectively can the bank recover debts. The bank always implements the motto "The bank's operating efficiency is based on the customer's business efficiency" or in other words, the bank earns credit interest based on the customer's business interest.

Normally, the Bank often adjusts the signed contract such as debt extension, debt rescheduling, debt repayment term adjustment, interest rate exemption and reduction to ensure the principle of debt collection as quickly and as much as possible.

- Propose to the Head Office to consider compensating for risks for some loans. This is an appropriate and necessary measure. Some of the Bank's loans are currently irrecoverable and have no debtors to repay the Bank, some businesses have gone bankrupt, some customers have borrowed from the Bank and have paid part of the debt, the Bank has handled the mortgaged assets but not enough to compensate, to avoid debt the debtor has absconded. Currently, the law enforcement agency has not found out. Therefore, the Bank needs to make provisions for risks to compensate. Because if this loss is not compensated, the Bank's bad debt will be larger, making it difficult for the Bank to manage, operate, and implement business strategies.

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