Circular 10/2015/tt-Nhnn: Guidelines For Implementation Of Some Of The Content Of The Decree No. 55/2015/nd-Cp Dated 9 June 2015 By The Government On Credit Policy Of Serving Agriculture, Rural Development

Original Language Title: Thông tư 10/2015/TT-NHNN: Hướng dẫn thực hiện một số nội dung của Nghị định số 55/2015/NĐ-CP ngày 09 tháng 6 năm 2015 của Chính phủ về chính sách tín dụng phục vụ phát triển nông nghiệp, nông thôn

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CIRCULAR Guide made some content of Decree No. 55/2015/ND-CP dated 9 June 2015 the Government credit policies serving agricultural and rural development _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the State Bank of Vietnam on June 16, 2010;
Pursuant to the law on credit institutions 16 June 2010;
Pursuant to Decree No. 154/2013/ND-CP DATED 11 November 2013 of government functions, tasks, powers and structure of the State Bank of Vietnam;
Pursuant to Decree No. 55/2015/ND-CP dated 9 June 2015 the Government credit policies serving agricultural and rural development;
At the suggestion of the Director of the credit economy;
The Governor of the State Bank of Vietnam issued circulars made some content of Decree No. 55/2015/ND-CP dated 9 June 2015 the Government credit policies serving agricultural and rural development.
Article 1. Scope this circular the provisions of policy support lending capital; the time limit for debt restructuring, new lending; profile, sequence of procedures delineated in debt, debt relief; the maximum deduction rate for secured property of agricultural loans, rural according to Decree No. 55/2015/ND-CP dated 9 June 2015 the Government credit policies serving agricultural and rural development (hereinafter referred to as the Decree No. 55/2015/ND-CP).
Article 2. Application object 1. Credit institutions, branches of foreign banks make loans for agriculture, rural areas prescribed in article 2 paragraph 1 of Decree 55/2015/ND-CP include: commercial banks, cooperative banks, non-bank credit institution (excluding financial leasing company, financial company factoring) microfinance organizations, the people's credit funds and foreign bank branches in Vietnam (hereinafter referred to as the institutions).
2. organizations and individuals get the loan prescribed in item 2 article 2 of Decree No. 55/2015/ND-CP (hereinafter referred to as the customer).
Article 3. Support policy for loan capital in the agricultural sector, rural State Bank of Vietnam (hereinafter referred to as the Bank) capital support for the Organization of credit loans to rural, agricultural areas through the use of the tools of monetary policy operating under current rules , including: 1. Refinancing to credit institutions for lending to agricultural, rural areas.
2. the compulsory reserve rate Reduction for credit institutions for lending to agricultural, rural areas.
3. other support policies.
Article 4. Term debt restructuring and new loans 1. The client specified in clause 1 article 12, paragraph 3 and article 14 paragraph 3 article 15 of Decree 55/2015/ND-CP of difficulty in repaying due to objective reasons, force majeure was held by active credit review: a) restructure the repayment term and keep the Group owes to match the customer's repayment capability. The retained group debt when restructuring the repayment deadline only made 1 (a) for a debt from the moment this circular are enforceable;
b) new lending to business production recovery for customer projects, production and business approach feasible.
2. Pursuant to the current provisions and financial capabilities, credit institutions considering implementing support measures (including the long, steady interest, overdue interest rates; priority debt before the interest rate after the debt collector) to help the client overcome difficulties and restore production.
Article 5. Profile, sequence of procedures delineated in debt, debt relief 1. Records suggest that circled the debt with respect to cases of property damage due to natural disasters, disease occurs widely, it should handle such debt as defined in clause 2 article 12 of Decree 55/2015/ND-CP include: a) delineated by debt proposal Paper client;
b) written notice of disaster, disease status on the wide scope of the provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee);
c) recovery plan produced viable business during the debt repayment plan, circled behind the time set by customer debts delineated and held loan credit appraisal, approval;
d) thereon determine the damage caused by natural disasters, epidemics occur widely over the subject loans, stating the extent of damage to property of a capital project implementation, production and business approach proposed loans and loan losses, the number of credit institutions loans and certified by the competent authorities at method, in particular: (i) the customer's enterprise, cooperative association: confirmation of the provincial people's Committee;
(ii) the client is business, cooperatives, farm owners: confirmation of the people's Committee at district level;
(iii) customer's personal, household, group collaboration: confirmation of the people's Committee of the social level.
DD) a copy of the credit contract, contract loans or other debt have received papers to withdraw balance (original, interest rates, total) to date suggest that circled the debt of the lending credit institution;
e) related documents (if any).
2. The records suggest that circled the debt for the customer's organization made the link according to the value chain and the agricultural business of high technology applications was the damage to property due to objective reasons, force majeure, should handle such debt as defined in point b of paragraph 3 and article 14 paragraph 3 article 15 of Decree 55/2015/ND-CP including : a) the paper recommended by the customer the loan debt delineated;
b) recovery plan produced viable business during the debt repayment plan, circled behind the time set by customer debts delineated and held loan credit appraisal, approval;
c) thereon determine damages due to objective reasons, force majeure with regard to loan objects, stating the extent of damage to property of a capital project implementation, production and business approach proposed loans and loan losses, the number of credit institutions loans and confirmation of the people's Committee at district level (for collaboration communes) or provincial people's Committee (for the enterprise, Cooperative Union);
d) a copy of the credit contract, contract loans or other debt have received papers to withdraw balance (original, interest rates, total) to date suggest that circled the debt of the lending credit institution;
DD) other relevant papers (if available).
3. debt relief proposal profile for the customer's organization made the link according to the value chain and the agricultural business of high technology applications has applied the measures supported under the provisions of article 4 of this circular, circled the debt that still Trouble , do not have the ability to repay the debt relief process, as defined in point c paragraph 3 and article 14 paragraph 3 article 15 of Decree 55/2015/ND-CP include: a) the paper recommended by the customer loans debt relief, which stated the cause of difficulties, inability to pay the debt after having circled the debt , the amount of the debt (origin, interest) debt relief proposal endorsed by the people's Committee at district level (for cooperatives) or provincial people's Committee (for the enterprise, Cooperative Union);
b) documents that customers have been delineated credit institutions, which stated the amount and duration of such debt;
c) copies credit contracts, contract loans or other debt have received papers to withdraw balance (original, interest rates, total) on debt relief proposal to have confirmation of the credit organization;
d) a copy of the client's financial report 2 (two) years continuous previous adjacent in the deletion of the debt has been auditing and financial statements of the client to the time debt relief proposal, which reflected the continuous customer with no ability to repay the loan;
DD) the text of the credit organization reviews the customers do not have the ability to repay, which clearly causes, the amount of the debt (origin, interest) debt relief proposal;
e) related documents (if any).
4. The procedures proposed debt relief, a debt circle) making recommendations delineated debt, debt relief: (i) cases of property damage due to natural disasters, disease occurs widely, it should handle such debt as defined in clause 2 article 12 of Decree 55/2015/ND-CP , after the provincial people's Committee has the status message text of disaster, disease, wide-ranging credit institution coordinating client set 01 (a) record to suggest such debt as defined in paragraph 1 of this article;
(ii) where the client is the organization performing the link according to the value chain and the agricultural business of high technology applications was the damage to property due to objective reasons, force majeure, should handle such debt as defined in point b of paragraph 3 and article 14 paragraph 3 article 15 of Decree 55/2015/ND-CP credit organizations, coordinating client set 01 (a) record to suggest such debt as defined in paragraph 2 of this Article;
(iii) where the customer is the focal organization made the link according to the value chain and the agricultural business of high technology applications has applied the measures supported under the provisions of article 4 of this circular, circled the debt and still have difficulty, inability to pay the debt, the debt relief process under the provisions in point c paragraph 3 and article 14 paragraph 3 article 15 Decree No. 55/2015/ND-CP, credit institution coordinating client set 01 (a) record the deletion of debt as defined in paragraph 3 of this article;
b) lending credit organizations gather data and profile details suggested by debt relief, debt circle branch of credit institution in the province, the city according to the form attached to this circular No. 01, submitted directly or by post to state the branch bank the central cities, (hereinafter referred to as the State Bank branch);
c) State Bank branch to the amassing of debt relief, the debt circle all credit institutions on the report Committee and provincial people's Committee proposal to grant the delivery of local financial bodies with State Bank branch to proceed to check out , verification of documents, detailed figures suggest circled debt, debt of the credit organization according to form No. 2 attached to this circular;
d) State Bank branch, in collaboration with local financial agencies proposed provincial people's Committee:

(i) General data validation circled debt, local debt relief according to the form of the attachment 3 of this circular;
(ii) have written Prime report (Council sent the State Bank and the Ministry of Finance) on the debt relief, debt delineated on the attached form of attachment 3 to this circular;
DD) Organization of credit data system-wide recommendations delineated debt, debt sent the State Bank and the Ministry of Finance according to the form of the attached 4 this circular;
e) on the basis of the report of the provincial people's Committee, the State Bank, in coordination with the Ministry of finance review, the Prime Minister's decision. Where necessary, before submission to the Prime Minister, the State Bank, in coordination with the Ministry of Finance made Gospel records, figures suggest that circled the debt relief debt relief, credit institutions;
g) the base direction of the Prime Minister, the State Bank has written notice for credit institutions, and submit to the Ministry of planning and investment, Ministry of finance, provincial people's Committee and the State Bank branches in the locality subject to debt relief, debt delineated;
h) credit institutions decide on the implementation of debt relief, debt to the Ruff of customers under the Prime Minister's decision and the text of the announcement by the State Bank.
Article 6. The maximum deduction rate for secured property specified in point b of paragraph 1 Article 15 of Decree 55/2015/ND-CP 1. The rate of the deduction for the property secured by the loan rural, agricultural areas the maximum 100% in comparison with the maximum deduction rate for each type of secured property of respective loans in other sectors.
2. Credit institutions decide on the percentage deducted for each type of secured property loans on the basis of ability to handle recovery of assets that guarantee but not exceed the maximum deduction rate prescribed in paragraph 1 of this article.
Article 7. The responsibility of credit institutions 1. Comply with the provisions of article 23 of Decree 55/2015/ND-CP DATED. 2. Client profile set up coordinated proposals delineated debt, debt relief; a collection of records and is responsible for reviewing, check to ensure the validity, of documents, detailed figures suggest circled debt, debt relief under the provisions of this circular.
3. Actively coordinate with the local government level, the socio-political organization in the information, propaganda on credit policy of serving agriculture, rural development as stipulated in Decree No. 55/2015/ND-CP and this circular.
4. Perform the track record of private loans for the agricultural sector, rural.
5. Quarterly (at the latest on September 15, the first of the next quarter) reported the State Bank (credit industry) results of credit for agriculture, rural areas according to form 10 attachments to this circular.
Article 8. The responsibilities of the units belonging to State Bank 1. Credit economic sectors a) advised the Governor of the State Bank in coordination with the Finance Ministry to review the records, data suggest do debt relief, debt delineated objective causes, and unforeseen natural disasters, epidemic diseases on a broad scope as prescribed in this circular;
b) presiding, in cooperation with the relevant units in the General staff for the Governor of the State Bank to handle the problems arising in the process of implementing this circular.
2. monetary policy a) presiding, in cooperation with the relevant unit chief for the Governor of the State Bank issued guidance documents policy support resources for lending institutions and agricultural, rural areas through the use of the tools of monetary policy operating;
b) in collaboration with the credit industry and the relevant unit to handle the problems arising in the process of implementing this circular.
3. Inspection bodies, monitoring a Bank of) advised the Governor of the State Bank building policy encourages the institutions to open branches and transaction offices in rural areas (particularly the remote areas, the region particularly hard) on the basis of the credit institution meets the conditions prescribed by the current laws and instructions of the Bank on expanding the network of credit institutions in each period;
b) perform inspections, monitoring the lending for agriculture, rural areas in accordance with the law;
In collaboration with the credit industry and the relevant unit to handle the problems arising in the process of implementing this circular.
4. State Bank branch in the central cities, a) monitor and coordinate with the relevant units to handle the problems arising in implementing credit policy for agricultural development, rural areas;
b) chaired the inspection, verification, data suggest that circled the debt relief debt relief, credit institutions to consult the provincial people's Committee reported the Prime Minister, the State Bank and the Ministry of finance;
c) perform or coordinate the implementation of inspection, monitoring the lending for agriculture, rural areas as specified;
d) quarterly (at the latest on September 15, the first of the next quarter) reported the State Bank (credit industry) results of credit for agriculture, rural areas according to the attached 6th form to this circular.
Article 9. Terms of implementation 1. This circular effect since July 25, 2015.
2. This circular replaces circular No. 14/2009/TT-NHNN dated Jan. 14, 2010 State Bank's detailed instructions made to Decree 41/2010/ND-CP dated 12 April 2010 the Government credit policies serve the agricultural, rural development.
3. Office, Director of the credit industry, the heads of the relevant units in the State Bank, Director of the State Bank of India branch of the province, central cities, Chairman of the Board, the President of the Council members, the Director-General (Executive Director) credit institutions responsible for implementation of this circular.

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