- Amid market is heating up with a solution to the problem of bad debts and ice-breaking real estate market, the relationship between banks and enterprises also began to reveal rifts with the pulled together the building. The rift shows somewhat realistic picture of the economy, namely that debt collection is full of suspense, while bank loans up situation.
Unexpected market with rare cases when CP Company Urban Construction Red River (Song Hong Construction) mailing to the emergency and the State Bank filed a lawsuit against Bank of Sai Gon - Ha Noi ( SHB) to the People's Court of Hoan Kiem (Hanoi). XD Red River event to court over blockade SHB 22.7 billion investors paid for them. But the event SHB Red River Corporation (President Red River), the parent company of the Red River Construction, for violating the letter of guarantee.
Both events
The contents of the fact that litigation disputes relating to the legal XD 3 Red River, and the construction company stand out event SHB; Steel Company Red River (Red River Steel), on loan at SHB and Total Red River units stand out steel loan guarantee for the Red River. Both companies are members of the Red River, but operate independently.
Specifically, in 2010, the Red River made XD 1 Package of Hospital project in Bac Ninh (Bac Ninh Hospital) in economic contracts and contract with the parent company, General Song Hong (played the main contractor role).
9/2012 units of the parent company of Red River, SHB (where the accounts of the parent company), and Song Hong Construction Bank branch BIDV Thanh Xuan, (where to open accounts and issue guarantees for XD Red River) has signed a memorandum of agreement on the payment authorization and value complete volume. By May 4/2013, investors paid to the contractor workload completed for amounts more than 22.7 billion, but was blocked SHB.
Reason blockade was told by one other member companies of the Steel mom still owe money to the Red River of the SHB. While the parent company and BIDV Thanh Xuan recommended payment by the amount of the construction company that is XD Red River.
Feedback This information, SHB said the detention of the amount is appropriate, because the parent company is not obliged to guarantee loans of 100 billion Red River Steel, a member company unrelated to XD Red River.
Specifically, on 4/4/2011, the Red River signed letter of guarantee loans for borrowers Steel Red River SHB 100 billion in Hanoi branch. However, the overdue loans from May 11/2011 and the Red River Steel can not afford to pay both principal and interest. Therefore, on 04.05.2013, Hanoi Branch SHB custody made 22,794 billion amount on account of the Red River to open in SHB Red River requested the performance guarantee obligations.
"The detention SHB payment amount volume construction Bac Ninh Hospital on account of the Red River is matched by that amount comes from the general contracting Red River. 22,794 Amount on billion comes not from all construction contracts is the Red River ", SHB stressed.
Because according to the contract signed between the Project Management Unit construction Bac Ninh and Red River Partnership General Corporation for National Technology Package 8 construction project to build hospital project in Bac Ninh Red River is the Total Contract owners to implement economic entire construction and installation works.
XD But the Red River is only authorized by the unit of the Red River to build the project, not the main subject of the contract. And also by economic contracts signed by these units, the project manager of the Bac Ninh Construction paid for the total amount on the Red River.
After blockade on the amount, date of 2/5, SHB Hanoi Branch filed the Red River event total breach of the guarantee letter in the People's Court and the Court of Tay Ho accepted on 15/5 / in 2013. By the SHB, the bank has repeatedly invited President Red River to work to guarantee obligations under the guarantee letter, as well as to clarify the subject of the amount of 22,794 billion unit of General Red River but still uncooperative, repayment ing flows.
Peace ... quarter of
Perhaps the strain on the two sides did not benefit anything, should total SHB Red River and had worked with each other. Here, General Leadership Red River has made the commitment to implement accountability measures to guarantee loans at Red River Steel.
On the other hand, to remove difficulties for Red River Construction, the parent company SHB cleared proposals amount to 22,794 billion under custody on account of the Red River subsidiary is transferred to the Red River XD. On the basis of that commitment, SHB has cleared and transferred the money to the Red River XD.
Financial expert, Dr.. Nguyen Tri Hieu, said of the blockade for the bank account and withdraw money at the same time they're standing two roles: Creditors and banks providing payment services. When customers have overdue debts and have money, banks use the advantages provided payment services to cash blockade and role used to recover the debt.
"However, in this case, the new Red River Steel is the Song Hong Construction loans are unrelated to credit relations on 3 sides. Whether subsidiary of the Red River, but they have independent legal with the parent company and not related financial obligations committed with SHB ", Ts. Hieu said.
The disputes between banks and businesses around the guarantee payment is not happening for the first time. Before that, SeaBank problems also have dispute with Viettel Vinaconex related to letters of guarantee for 150 billion Vina Megastar Group. Many legal experts believe that the recent economic downturn, the dispute litigation between economic actors happening more and more.
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