Chapter IV
IMPLEMENTATION PROVISIONS
Article 25. Transitional provisions
1. Within 12 months from the effective date of this Decree, financial companies and financial leasing companies established and operating with licenses granted by the State Bank before the effective date of this Decree must fully satisfy the conditions on conditional operations prescribed in this Decree.
2. Within 18 months from the effective date of this Decree, general financial companies, consumer credit financial companies and financial leasing companies already established and operating with licenses granted by the State Bank before the effective date of this Decree shall terminate their activities conducted not under this Decree.
3. For financial leasing contracts and loan contracts signed before the effective date of this Decree, financial leasing companies and clients shall comply with signed agreements until the expiry of such contracts. The above contracts shall be modified or supplemented if the amended and modified contents comply with provisions of this Decree.
4. For financial leasing contracts in which the leased assets are ships and boats operating on domestic and international routes signed before the effective date of this Decree, the lessees may keep and use original certificates of ownerships of leased assets in international legal relations involving the use of leased assets, while lessors shall keep copies certified by competent state agencies.
5. The State Bank shall guide in detail the transition of financial companies specified in Clause 1 and 2 of this Article.
Article 26. Responsibilities of ministries and sectors
1. The Ministry of Public Security, the Ministry of Justice and the Ministry of Transport shall, based on their functions and tasks, guide or coordinate in guiding, and prescribe the grant and use of the certificate of ownership of leased assets and copies of such certificate, the registration of ownership of leased assets to ensure the owner’s right to the leased assets during the lease term.
2. The Ministry of Justice shall, based on its functions and tasks, guide or coordinate with the State Bank and related ministries and sectors in guiding the registration of financial leasing contracts.
3. The Ministry of Justice, the Ministry of Public Security, the State Bank and related local authorities shall, based on their functions and tasks, guide or coordinate in guiding the recovery and handling of leased assets.
4. People’s Committees and public security offices of localities where lessees’ head offices and leased assets are located shall, within their functions, tasks and power, apply methods in accordance with law to maintain security and order in the course of recovery of leased assets to ensure lessors’ exercise of the owner rights to leased assets.
Article 27. Effect
1. This Decree takes effect on June 25, 2014.
2. This Decree replaces the Government’s Decrees No. 79/2002/ND-CP of October 4, 2002, on organization and operation of financial companies, No. 81/2008/ND-CP of July 29, 2008, amending and supplementing a number of articles of the Government’s Decree No. 79/2002/ND-CP of October 4, 2002, on organization and operation of financial companies, No. 16/2001/ND-CP of May 2, 2001, on organization and operation of financial leasing companies, No. 65/2005/ND-CP of May 19, 2005, amending and supplementing a number of articles of the Government’s Decree No. 16/2001/ND-CP of May 2, 2001, on organization and operation of financial leasing companies, and No. 95/2008/ND-CP of August 25, 2008, amending and supplementing a number of articles of the Government’s Decree No. 16/2001/ND-CP of May 2, 2001, on organization and operation of financial leasing companies.
Article 28. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government- attached agencies, chairpersons of provincial-level People’s Committees and the subjects defined in Article 2 of this Decree shall implement this Decree.-
Tìm kiếm
Nghị định 39/2014/NĐ-CP (Bản Word)
Nghị định 39/2014/NĐ-CP (Bản Pdf)