Viewpoint on Ensuring the Implementation of the Property Mortgage Contract Between PGbank Quang Ninh and Customers


CHAPTER 3

IMPROVING THE EFFICIENCY OF USING THE MORTGAGE CONTRACT BETWEEN PGBANK QUANG NINH AND CUSTOMERS

3.1. Viewpoint on ensuring the implementation of the mortgage contract between PGbank Quang Ninh and customers

The performance of a property mortgage contract must be carried out in accordance with the conditions ensuring compliance with the law.

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The implementation of the TCTS contract depends on the conditions for ensuring the implementation of the law, including the level of perfection of the law, the activities of organizing the implementation of the TCTS contract, the conditions of the organization, the capacity and qualities of the staff, civil servants of state management agencies, supporting agencies, and agencies handling TCTS contract disputes. First of all, the system of TCTS legal norms, once promulgated, will be a tool to regulate social relations. The impact of the system of legal norms is not a separate, independent impact but in a whole of certain relationships and constraints. In addition, the provisions of the law are also guided by many Decrees such as: Decree 163/2006/ND-CP on secured transactions, Decree 11/2011/ND-CP amending and supplementing Decree 163/2006/ND-CP; Decree 83/2010/ND-CP on registration of secured transactions and many Circulars and Joint Circulars of Ministries and branches were issued to guide the application of the above Decrees.

The implementation of property mortgage contracts must be associated with a mechanism to ensure law enforcement: Supportive mechanisms with the participation of many functional agencies such as: notary and certification offices; property registration offices, auction procedures, regulations on civil proceedings when filing a lawsuit, regulations on judgment enforcement are important factors contributing to the effective implementation of TCTS regulations. When perfecting the law, it is necessary to supplement regulations on cases of mortgage with fraudulent elements that will be strictly prohibited, or violations of legal provisions on procedures, processes, conditions, etc. will be declared invalid by the Court when applying the law.

Viewpoint on Ensuring the Implementation of the Property Mortgage Contract Between PGbank Quang Ninh and Customers


The implementation of a mortgage contract must ensure the uniform application of law: The application of law in general is an activity that demonstrates the power of the state over society. In the process of applying the law to resolve disputes, all circumstances must be considered comprehensively, based on the specific provisions and requirements of legal norms. The uniformity of the application of law is an urgent requirement of the rule of law state and the principles of socialist legality.

Implementing a mortgage contract must pay attention to compatibility with international customs and treaties: This requirement requires systematic study of legislative experience of typical legal systems in the world as well as the region, international treaties to transform and selectively absorb the essence of international regulations and customs to suit reality.

3.2. Some solutions to improve the quality of using mortgage contracts between PGbank Quang Ninh and Customers

3.2.1. Solutions to promote activities of organizing the implementation of property mortgage contracts

It is necessary to review, summarize, and evaluate the practical activities of law enforcement organizations to evaluate and find solutions to eliminate and overcome limitations and shortcomings in the process of organizing the implementation of property mortgage contracts.

Promote activities to disseminate, propagate and educate about laws related to property mortgage; raise legal awareness for officials, civil servants and people. Depending on each target, determine the subject, content, form and method of propaganda, dissemination and legal education accordingly, specifically as follows:

+ For officials and civil servants at state management agencies, it is necessary to open specialized training courses to gain in-depth understanding of legal content, practical situations and how to resolve and handle them.

+ People need to pay attention to the contents of TCTS conditions; rights and obligations in TCTS contracts; methods of resolving TCTS disputes are necessary contents before mortgaging TCTS.


+ Service organizations and legal consultants for people when signing TCTS contracts need to carefully guide these contents to avoid unnecessary mistakes and errors when signing TCTS contracts.

Strengthening and innovating the organization and operation of judicial support organizations, service organizations, legal consultancy and legal aid in society: The organization and operation of these organizations play a very important role in the general implementation of the law of the whole society, as well as in the implementation of TCTS contracts. It contributes to the dissemination of propaganda, legal education, and raising legal awareness for people to sign secured transaction contracts in general and TCTS contracts in accordance with the law, strict in content and form, preventing fraudulent acts or unfortunate mistakes. On the other hand, the operation of these organizations helps the parties in contractual relationships protect their legitimate rights and interests when disputes arise.

3.2.2. Solutions to improve the capacity, responsibility and ethics of bank staff towards customers regarding the procedures for resolving property mortgage contracts

The staff planning is publicly announced to the departments and individual staff members in the planning. The selection of staff members to be included in the planning is a very important step in the staff planning. Based on the requirements and tasks of each position and title, the selection is appropriate and gradually standardized.

It is necessary to innovate the content and methods to improve the planning of cadres. It is necessary to focus on creating cadre resources for planning, including attracting talents, receiving, recruiting and training and fostering the cadre team.

Personnel planning must follow the laws of development and elimination, planned sequential development and sudden development. Those who have been included in the planning, but after a period of time have no development prospects, must be resolutely removed from the planning.

The planning work needs to pay attention to the young staff, giving priority to female staff, ensuring a reasonable structure of young and female staff. Based on the current situation of the staff and the goals, standards, and structure of the staff in the new period, each staff position can select staff with sufficient capacity, professional qualifications, and skills to be ready to replace and continue to inherit.


Regularly summarize and improve the quality of staff planning work to promptly adjust any changes or fluctuations, if any, and overcome subjectivity and satisfaction of staff who have been planned.

Use a combination of different assessment methods for different job positions. The nature of cadres is that they often have to contact and work directly with people and organizations, units, and businesses. Therefore, it is necessary to combine internal assessment methods and external assessment results (from people, agencies, organizations, businesses, etc.) so that the assessment results are more objective and comprehensive.

Assessing cadres is based on the title standards of each cadre, on specific work, specific circumstances and policies, and on specific analysis of the conditions and circumstances in which the cadre is working. Establishing assessment criteria and scales for each title and position, the more specific the easier it is to assess. It must be based on the work results and development potential of the cadre.

Evaluating cadres through the performance of assigned functions and tasks: Evaluating the performance of tasks is an important step in management, through which we can properly evaluate the professional expertise, initiative, creativity, and organization of civil servants. The evaluation of cadres must be based on a developmental perspective, not rigid, narrow-minded, or prejudiced.

It is necessary to develop a system of criteria for evaluating staff according to each position and job title with detailed job descriptions, requirements, tasks of each job position, and the level of work completion. The results of annual staff evaluations need to be analyzed and used as a basis for selecting, screening, transferring, planning, and orienting the development of staff.

It is necessary to conduct training and improve the professional skills, ability to grasp and understand the law, policy mechanisms, and related documents for the staff in charge of appraisal, valuation and signing of mortgage contracts so that they have the ability to access and handle mortgaged assets effectively.

Conduct training courses and seminars on experience in appraisal, valuation and signing of mortgage contracts for PG Bank Quang Ninh assets and other banks.


other customers to learn, selectively absorb experiences to apply in practice.

Arrange a team of staff to do the work of appraisal, valuation and signing of mortgage contracts and staff to handle mortgaged assets and recover debts specialized in each specific field (real estate, means of transport, construction works, goods).

...) so that they can grasp the market situation, have a deeper understanding of the field they manage to help in valuing mortgaged assets and foreclosing assets close to their actual value.

3.2.3. Implement the construction and improvement of the secured transaction registration system, modernize the storage system, connect and exchange secured transaction information.

It is necessary to establish a system of independent agencies to recognize secured transaction registration. Of course, to recognize such secured transaction registration, it is also necessary to check the accuracy and legality of information related to secured assets and the identity of the mortgagor and mortgagee.

The agency registering secured transactions needs to grasp the actual status, changes, and fluctuations of secured assets to provide to interested customers. To ensure the reliability and ability to store, connect, and exchange information about secured transactions, a modern system is needed to ensure the storage and provision of information.

Implement information security for secured transactions; strictly handle officers who disclose customer information without the director's permission.

Expand the transaction system to commune and ward People's Committees and schools. Each of these units needs to have a responsible officer to carry out transactions when required. All transaction processes must apply information technology to save costs and time to resolve contracts.

The storage system needs to be encrypted with modern equipment; minimizing the need for costly written storage, labor maintenance costs, and making it convenient to look up customer information when needed.


3.2.4. Strengthening and consolidating service activities, legal advice, and legal aid in the implementation of property mortgage contracts.

It is necessary to improve the organization, strengthen legal services, legal consultancy, and legal aid activities in society, help agencies and organizations operate according to the law, manage society by law, especially help citizens live and work according to the Constitution and the law.

Increase legal advice points, legal aid in mortgage contract implementation. Collaborate with households and customers in organizing free training on consulting content, turning those people into consulting collaborators for the bank.

Conduct agreements with customers on placing bank signs, profit sharing in consulting activities, successful transactions for each mortgage contract.

Use social networking systems to disseminate legal knowledge when implementing mortgage contracts for customers. At the same time, send information to different subjects to seek and disseminate knowledge in the implementation and procedures of property mortgage contracts.

Banks need to coordinate with the People's Committees of communes and wards, and various consulting organizations and units in disseminating knowledge on contract execution.

3.2.5. Strengthen inspection, supervision and handling of violations related to the signing, liquidation and settlement of disputes over property mortgage contracts.

The work of managing, inspecting and supervising the activities of bank staff in resolving mortgage contracts must be carried out regularly, not waiting for staff to commit serious violations before inspecting and disciplining. Implement a customer participation regime to build and supervise, inspect the activities of bank staff, and receive feedback from customers about the staff's behavior and attitude when contacting customers to resolve contracts.

Conduct inspections and supervision in the strict implementation of discipline in the performance of transaction tasks and contract signing. Unified management is to ensure


for the activities of cadres to be consistent, rhythmic, orderly and towards effectiveness and efficiency. At the same time, conduct periodic cadre assessments to assess cadre capacity (the cycle can be from 3 to 8 months); Determine the number of cadres according to job positions in each agency and unit; Regulate the types of diplomas and certificates for each title.

There should be more specific regulations on inspection and evaluation of staff. That is the condition to ensure that staff carry out transactions, procedures for signing and appraising assets seriously, legally, and effectively. Through inspection and evaluation activities, the above directors will know how capable the staff is in handling mortgage contracts, whether they are correct, and whether there are any errors. If there are violations, timely guidance and correction will be given. Also, through inspection and evaluation, staff will see their strengths and weaknesses so that they can make the right adjustments.

It is necessary to establish regulations on regular and periodic inspection of cadres when assigned to search for and sign mortgage contracts. The results must be publicly announced, and serve as the basis for considering salary increases, for arrangement, promotion, appointment and consideration of other preferential regimes.

Violations must be strictly handled to serve as a deterrent; at the same time, it must be handled as quickly as possible; if there is a serious violation, the officer can be suspended from work immediately. This will create more effectiveness for the implementation of administrative discipline; preventing negativity within the people performing the work.

Develop and perfect the mechanism and policy for inspecting and supervising cadres and implement them in practice. It is necessary to conduct inspections and supervisions to contribute to consolidating and enhancing the effectiveness of the cadre team, detecting and promptly handling cadres who show signs of violating ethics and the law in implementing the procedures for concluding mortgage contracts.

It is necessary to inspect and supervise to ensure correctness and legality from the beginning and during the implementation process. If any violations of the law are detected in these activities, they must be strictly handled according to the provisions of the law.


It is necessary to regularly check and supervise the signing, liquidation and dispute resolution of TCTS contracts because this is a series of closely related activities, in which ensuring the correctness and reliability of the previous activities will ensure the correctness and legality of the following activities and finally limit and eliminate possible TCTS contract disputes.

It is necessary to establish a separate organization to monitor the use of customers' loans to evaluate the credit activities of both the Bank and customers.

3.2.6. Solutions to improve the efficiency of concluding and implementing property mortgage contracts

+ About contract content :

Regarding contract documents and contract interpretation , this clause should clearly state which documents are considered as contract documents such as appendices (for example, a map describing the location of the mortgaged property being a house), separate agreements in order of priority. When there is a conflict regarding the interpretation of the contract, these documents can be referred to in the order specified. This clause is meant to be a pre-emptive measure when the parties disagree on the interpretation of the language stated in the contract. This clause should be written after the clause on the subject to make the contract clearer.

Regarding the terms of rights and obligations , in general, the model mortgage contract has provided relatively complete and specific provisions in some contents. However, it is still necessary to supplement more in the direction of specifying obligations such as the obligation to register secured transactions, specifically about the time of performance in each obligation.

Regarding the provision on handling violations , it is necessary to clearly define what acts are considered to be in breach of contract and what the penalties are for each specific act. Such clear provisions will help the penalty clause to be implemented smoothly in practice. When one party commits the acts specified in the penalty clause, the other party will have the right to immediately apply the agreed sanctions. The current provisions in the Branch's mortgage contract form are still unclear and ambiguous, so they do not ensure the feasibility and predictability of the contract; therefore, the Branch should amend this provision in the above direction.

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