Hanoi National University, Faculty of Law
Le Thi Thanh Thuy
Loan security with assets formed from loan capital
Major : Civil Law
Code : 60.38.30
Master of Laws Thesis Summary
Hanoi – 2008
Project completed
at the Faculty of Law, Vietnam National University, Hanoi
Scientific supervisor : Dr. Bui Dang Hieu
Objection 1 :
Objection 2 :
The thesis was defended at the Master's thesis evaluation council meeting at the Faculty of Law - Vietnam National University, Hanoi.
At ..... o'clock ....., on ..... day ..... month ..... year 2008
Thesis can be found at:
- National Library of Vietnam
- Information Center - Library of Hanoi National University
Model
Page
Cover page 1
Pledge 2
Thanks 3
Log 4
List of symbols and abbreviations 7
Introduction8
Chapter 1. Some theoretical issues on loan and property security 13
loan capital
1.1. Concept of loan security under civil law 13
1.1.1. Concept 13
1.1.2. Classification 16
1.1.3. Relationship between loan security transaction and contract
Thunderstorm 19
1.2. Concept and characteristics of assets formed from borrowed capital 21
1.2.1. Concept 21
1.2.2. Characteristics 21
1.2.2.1. Assets not yet owned by the guarantor
loan amount at the time of transaction establishment 25
1.2.2.2. Loan capital is a part of the assets 25
1.2.3. Types of assets formed from loan capital 25
1.2.3.1. Assets created from borrowed capital 25
1.2.3.2. Assets formed from the use of borrowed capital to complete the procedures for transferring ownership
ownership, right of use 26
1.2.3.3. Assets formed from borrowed capital are profits and interest 27
1.2.3.4. Assets formed by using capital
borrowing to mix, process, merge 27
1.3. Measures to secure loans with assets formed
loan 28
1.3.1. Mortgage measures 29
1.3.1.1. Parties in the mortgage relationship 29
1.3.1.2. Subject 30
1.3.1.3. Rights and obligations of the parties 32
1.3.1.4. Form of transaction 33
1.3.2. Mortgage measures 34
1.4. Conditions for applying loan security measures using assets
formed from borrowed capital 37
1.4.1. Borrowing customers 38
1.4.2. Collateral 40
1.4.3. Credit institutions 42
Chapter 2. Implementation status of loan security with assets, figure 44
capital from loans at credit institutions in Vietnam
2.1. The need to secure loans with assets formed from loan capital 44
2.2. Difficulties in the process of implementing money guarantee 45
loan with assets formed from loan capital
2.2.1. Valuation of assets formed from loan capital 45
2.2.2. Notarization and authentication of loan guarantee contracts 50
by assets formed from loan capital
2.2.3. Registering a loan security transaction using assets in Figure 60
loan capital
2.2.4. Management of assets formed from loan capital 67
2.2.5. Handling of secured assets formed from loan capital 69
2.2.5.1. Handling of collateral assets formed from loan capital
in the asset formation stage 70
2.2.5.2. Handling of secured assets formed from loan capital 72
when the asset has been formed
2.2.6. Difficulties in receiving loan security using assets 77
formed from loan capital at the credit institution itself
Chapter 3. Solutions to effectively implement money guarantee 81
loan with assets formed from loan capital
3.1. Perfecting the law 81
3.1.1. Valuation of assets formed from loan capital 82
3.1.2. Law on notarization and authentication 85
3.1.3. Law on secured transactions 86
3.1.4. Law on handling assets formed from loan capital 90
3.2. Perfecting the law enforcement mechanism 93
3.3. Self-improvement credit institutions 94
3.3.1. Developing and issuing internal documents 94
3.3.2. Completing the loan appraisal process 102
3.3.3. Perfecting the organizational structure and staff 102
3.3.4. Other solutions 103
3.4. Predict the development trend of collateral formed from loans and propose new regulations to encourage collateral formed from loans with real estate.
104
Conclusion 105
Reference 109
List of symbols and abbreviations
BLDS
Civil Code | |
Real Estate | Real estate |
BTP | Ministry of Justice |
BTNMT | Ministry of Natural Resources and Environment |
Board of Directors | Board of Directors |
HDTD | Credit Agreement |
Board of Directors | Guarantee contract |
GDBD | Secured transaction |
NH | Bank |
State Bank of Vietnam | State Bank |
TCTD | Credit institution |
TMCP | Joint stock trading |
Ltd. | Limited liability |
TTLT | Joint Circular |
TSDB | Collateral |
People's Committee | People's Committee |
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Introduction
I. Urgency of research topic:
In the process of international economic integration taking place vigorously in Vietnam today, the need for capital to develop production and consumption is the top concern of all organizations and individuals in society, especially businesses. With more than 90% being small and medium enterprises, low charter capital, low reputation, the ability to mobilize capital through the stock market and commercial credit is not much. Therefore, borrowing capital through credit institutions of entities in the Vietnamese economy is inevitable. However,
Most borrowers do not meet the requirements for unsecured loans, while the assets of enterprises are quite limited. Faced with the difficulties of entities that play a major role in creating income and jobs for the economy, the solution of lending using assets formed from borrowed capital was born and received positive responses from enterprises, individuals and credit institutions.
In recent years, along with the rapid increase in the number of enterprises, the demand for bank loans has also grown. In 2007, the credit growth rate of credit institutions reached nearly 40%, in which loans secured by assets formed from loans also increased rapidly in both quantity and project scale, many projects had capital amounts up to billions of VND with the co-financing of many credit institutions. The above data is evidence of the rapid and strong development of loans secured by assets formed from loans. However, compared to other forms of security, loans secured by assets formed from loans have only recently appeared and become popular in Vietnam, while the laws regulating this issue are still incomplete, so when applied, there are inevitably difficulties. The main causes of these difficulties come from
The legal system on this issue is incomplete, many regulations lack scientific basis and feasibility.
The above problems require comprehensive and in-depth research on this issue. With the desire to research and understand the legal regulations on loan security with assets formed from loan capital, first of all to serve the current work and then to contribute to enriching opinions to perfect the regulations on loan security with assets formed from loan capital in order to improve the effectiveness of this type of asset in secured transactions, I have chosen the topic: " Loan security with assets formed from loan capital" for my research thesis.
II. Research situation: