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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THE STATE BANK OF VIETNAM
Number: 10 /2015/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 22, 2015

IT ' S SMART

Instructions to perform some content of the Digital Protocol 55 /2015/ND-CP June 09, 2015

of the Government on credit policy serving agricultural, rural and rural development.

_________________________

Vietnam State Bank Law Base June 16, 2010;

The Law Base of the Credit Organization on June 16, 2010;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

Base of Protocol 55 /2015/ND-CP June 9, 2015 by the Government on credit policy serving agricultural, rural, and agricultural development.

On the recommendation of the Chief Credit:

The Governor of the State Bank of Vietnam issued a Guide to Implement Some Content Of The Number Decree. 55 /2015/ND-CP June 9, 2015 by the Government on credit policy for agricultural development, rural.

What? 1. The adjustment range

This information regulates the policy of supporting the loan capital; the restructuring of the debt deadline, new lending; filing, debunking, debt-deleting, debt-clearing; the maximum deduction rate for the guaranteed assets of agricultural, rural-based lending. 55 /2015/ND-CP June 09, 2015 by the Government on credit policy serving agricultural, rural development (later called the Digital Decree), it serves. 55 /2015/NĐ-CP).

What? 2. Subject applies

1. The credit organization, the foreign bank branch that performs lending to the agricultural sector, rural regulation at 1 Article 2 of the United States Census. 55 /2015/ND-CP include: commercial banks, cooperative banks, non-bank credit organizations (except for financial leasing companies, financial companies factoring), microfinance organization, human credit fund, and foreign bank branch in Vietnam (the following) It ' s called a credit organization.

2. Organization, individual borrower by regulation at paragraph 2 Article 2 Protocol 55 /2015/ND-CP (the following is a customer).

What? 3. Policy support funding for agricultural, rural and agricultural fields.

The State Bank of Vietnam (later known as the State Bank) performs capital support for credit organizations for agricultural, rural, and rural areas through the use of existing currency policy executive tools, such as the Bank of Vietnam. including:

1. Refunding to the credit organization for agricultural, rural, and agricultural fields.

2. Redage the mandatory reserve ratio for credit organization for agricultural, rural, and rural areas.

3. Other support policies.

What? 4. The restructuring of the debt deadline and new lending

1. The customer rules at 1 Article 12, paragraph 3 Articles 14 and paragraph 3 Article 15 The number 55 /2015/ND-CP difficult to pay the debt due to the objective cause, the inability to appeal to the active credit organization:

a) The restructuring of the debt deadline and the retention of the debt group to match the customer's ability to repay the debt. The retention of the debt group when the restructuring of the debt deadline is made only 1 (one) a time for a debt since this time of passage is valid;

b) A new loan to restore business production to a project customer, a viable business production method.

2. The current regulatory base and its financial capacity, the credit organization considers implementing other support measures (including waives, lowering interest rates, overdue interest; the priority of the original debt collection to the back debt collection) aims to help customers overcome difficulties, serve as well. Business production.

What? 5. Records, debunking procedures, deleting

1. The filing offer is debunking to the case of the customer suffered from natural disasters, the epidemic that occurs on the broad range, which requires regulation of debt by regulation at paragraph 2 Article 12 of the Digital Protocol 55 /2015/ND-CP including:

a) The proposed debt is owed by the borrower's client;

b) The text announces the state of natural disasters, the epidemic on the broad range of the Provincial People's Committee, the Central City of the Central Committee (later called the Provincial People's Committee);

c) The recovery method of producing a viable business in the time of the debunking, the payment method after the time of a row of debt paid by the customer and given a credit for a loan, approved;

d) The publication of the damage caused by natural disasters, epidemics occurred on the broad range of capital loans, noted the extent of the amount of property damage on the total amount of the project, the business production process offering capital loans, and the amount of capital losses, have the confirmation of the loan credit organization and the confirmation of the local authority ' s authority, namely:

(i) The customer is the business, the cooperative association: the confirmation of the Provincial People ' s Commission;

(ii) Client is a business, cooperative, farm owner: confirmation of the District People's Committee;

(iii) The customer is personal, household, organization: confirmed by the Social People's Committee.

The copy of the credit contract, the capital loan, or other debt certificates have the balance of the debt (root, interest, total) to the date of the credituation of the credit-loan organization;

e) Other related papers (if any).

2. The filing offer is debunking to the case of the customer being the head of a chain-based implementation of the value chain and the high-tech application agricultural enterprise suffered from damage to property due to objective causes, insolvenability, debt handling. In accordance with the regulation at the point b, paragraph 3 Article 14 and paragraph 3 Article 15 of the number. 55 /2015/ND-CP including:

a) The proposed debt is owed by the borrower's client;

b) The recovery method produces a viable business in the time of the debunking, the payment method after the time of a row of debt paid by the customer and was given a credit for the appraisal, approval;

c) The publication determines the damage caused by the cause of the objective, unimpede to the capital loan object, which records the extent of the property damage on the total amount of the project, the business production project offering capital loans and the amount of capital losses, has confirmed. received by the organization of the loan credit and confirmation of the District People's Committee (for the cooperative) or the Provincial People's Committee (for the business, the cooperative association);

d) The copy of the credit contract, the capital loan, or other debt-received papers that withdrew the debt balance (root, interest, total) to the date of the confirmation of the creditable credit card organization;

Other related papers (if any).

3. The filing offer to clear the debt to the customer case is that the investment organization implementation of the value chain and the high-tech application agricultural business has been applied to the prescribed support measures at this Article 4, which is debuned. It ' s still difficult, it ' s not likely to be repaid, it ' s not going to be able to deal with the default debt at point three, Article 14, and the third Article 15. 55 /2015/ND-CP including:

a) The proposed deletion of the debt paid by the borrower, which states the difficult cause, is unlikely to repay the debt after it has been debuned, the amount owed (the root, interest) recommended to remove the confirmed debt of the District People ' s Committee (for cooperative) or the Commission. the provincial population (for businesses, cooperative associations);

b) The customer proof document was held on a debt of debt, which specifies the amount and time of debt on debt;

c) The copy of the credit contract, the capital loan, or other debt-received papers has withdrawn the balance of debt (root, interest, total) to the date of the proposed debt deletion of the loan credit organization;

d) The copy of the customer 's financial statements 02 (two) years of continuous continuous prior to the year the debt deletion offer has been audits and the customer' s financial statements to the time of the debt deletion offer, which shows the constant customer loss, is unlikely to pay. loan debt;

The text of the credit organization assessment client does not have the ability to pay the debt, which notes the cause, the amount owed (the root, interest) offer to delete the debt;

e) Other related papers (if any).

4. Presentation, Procedto offer on debt, deleting debt

a) The filing of the debt is debunking, deleting the debt:

(i) The customer case is damaged by property due to natural disasters, epidemics that occur on a wide range, which need to process debt by regulation at paragraph 2 Article 12 of the Digital Protocol 55 /2015/ND-CP, after the Provincial People ' s Committee has a text announcing its natural state of natural disasters, a wide range of diseases, a credit organization that coordinates the client 1 (one) of a set of documents that are subject to regulation at one Article;

(ii) The customer case is the leading organization of a value-related implementation of the value chain and the high-tech application agricultural enterprise that suffers from collateral damage caused by objective causes, insolvenability, the need to process debt by regulation at point b 3. Article 14 and paragraph 3 Article 15 Protocol 55 /2015/ND-CP, organization of the customer coordination credit 1 (one) the set of records recommended by default in paragraph 2 of this Article;

(iii) The customer case is that the lead organization implementation of the value chain and the high-tech application agricultural business has been applied to the prescribed support measures at Article 4 of this, which is debuned, which is still struggling, not. has the ability to pay the debt, need to dispose of the debt by regulation at point 3 Article 14 and paragraph 3 Article 15 The number of digits 55 /2015/ND-CP, organization of coordinated customer coordination 01 (one) a set of records offering to remove the debt as specified at 3 This Article;

b) The organization credit for filing a collection of records and details recommended by default, deleting the debt according to each branch of the credit organization on the provincial capital, the city according to Form 01 This message, sent directly or across the postal route to the Bank. The provincial branch state, the Central City of the Central Region (later known as the Branch State Bank);

c) The State Bank of the State Branch aggregate debt figures, deleting the debt of credit organizations on the site reporting the Provincial People 's Committee and offering the Provincial People' s Provincial Committee to deliver the local financial body jointly in coordination with the Branch State Bank. to conduct a test, confirm of the filing, the detailed data offer on the debt, deleting the debt of the credit organization by Form No. 02 attached to this message;

d) The State Bank of the State Branch presided over, in coordination with the local financial body offering the Provincial People ' s Commission:

(i) Confirification of the debt aggregation data, deleting the debt on the site by Form 33rd attached this message;

(ii) There is a document reporting the Prime Minister of Government (copper sent to the Bank of State and the Ministry of Finance) on the debunking, deleting the debt on the table with Form No. 03 attached this message;

The credit aggregation of the entire system offers a full debt, deleting the debt to the State Bank and the Ministry of Finance by Form 04 attached this message;

e) On the basis of a report by the Provincial People 's Committee, the State Bank of the State of the Presiding, in coordination with the Ministry of Finance reviewed, the Prime Minister' s decision to decide. The necessary case, prior to the Prime Minister's presentation, the State Bank presided over, in coordination with the Ministry of Finance to implement the filing of the filing, the number of proposals on debt, deleting the debt at credit organizations;

) The direct base of the Prime Minister, the State Bank has a written notice for the credit organization, the copper sent to the Ministry of Planning and Investment, the Ministry of Finance, the Provincial People ' s Committee and the State Bank of the State Branch in the Local Circled Object. debt, deleting debt;

h) The credit organization decides the implementation of the debt, deleting the debt to the customer by the decision of the Prime Minister and the announcement text of the State Bank.

What? 6. The maximum deduction rate for the guaranteed property stipulated at a point b 1 Article 13 Digital Protocol 55 /2015/ND-CP

1. The deduction rate for the guaranteed assets of agricultural sector loans, the countryside is 100% more than the maximum deduction for each asset type that guarantees the corresponding guarantee of another field loan.

2. The credit organization decides the deductible rate for each of the guaranteed assets of the loan on the basis of the ability to recover when handling that assurance asset but does not exceed the specified maximum deduction rate at 1 Article.

What? 7. Credit organization

1. In accordance with regulation at Article 23 Digital Protocol 55 /2015/NĐ-CP.

2. Coordinate the filing of the filing customer offering the debt; deleting the debt; set the case and be responsible for the sweep, check out the validity, the legalization of the case, the detailed data offer on the debt, deleting the debt as specified in this Information.

3. Coordination with local authorities, political-social organizations in the information, propagation of credit policy for agricultural development, rural under the regulation at the United States Congress. 55 /2015/ND-CP And this.

4. Make a separate track record for agricultural, rural areas.

5. The quarterly (slog) of the first quarter (the first 15 months of the next quarter) reported the State Bank (Credit: Business of Economic Affairs) results of credit to the agricultural sector, rural under Form 05 attached to this.

What? 8. The responsibility of the units of the State Bank

1. The Business of the Economy

a) Staff of the Governor of the State Bank in coordination with the Ministry of Finance to review the filing, aggregation of the number of proposals on debt, deleting the debt due to objective cause, resistance and natural disasters, epidemics on the broad scope prescribed in this Information;

b) presided, in coordination with the relevant units in the staff of the Governor of the State of the State to handle the issues that arise during the implementation of this Information.

2. Monetary Policy

a) The Chair, in coordination with the relevant units of staff for the Governor of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State, to implement the policy of supporting the source of funds to the credit organization for agricultural, rural, and agricultural use. Currency policy executive;

b) Coordinated with the Credit Cases of Economics and related units handling the problems that arise during the implementation of this Information.

3. Inspector, oversees the bank

a) Staff to the Governor of the State Bank of the State Bank to build policies that encourage open-branch credit organizations, trading rooms in rural areas (particularly deep, remote regions, particularly difficult regions) on the basis of credit organizations that meet the conditions. according to the rules of the existing law and the guidelines of the State Bank on the expansion of the network of credit organizations in each period;

b) Perform the inspector, which oversees the lending of agricultural, rural areas according to the rule of law;

Co-ordination with the Public Service of Economic Affairs and related units handles the problems that arise during the implementation of this Information.

4. State Bank of the Provincial Branch, Central City

a) Track and coordination with relevant units dealing with issues that arise in the deployment of credit policy for agricultural development, rural on the site;

b) presided over the examination, validation, aggregation of the number of debunking proposals, deleting the debt of credit organizations to staff the Provincial People ' s Committee reporting the Prime Minister, State Bank and the Ministry of Finance;

c) Impleming or co-ordination of the implementation of the inspection work, which oversees the lending of agricultural, rural areas by regulation;

d) The quarterly (slog) quarterly (slog on the first 15 months of the next quarter) reported the State Bank (Credit: The Credit: Economic Industry) results of credit to the agricultural sector, rural under Form 06 attached to this.

What? 9. Terms of execution

1. This message has been in effect since 25 July 2015.

2. This information replaces the Digital 14 /2010/TT-NHNN June 14, 2010 of the State Bank Guide to the Detailed Implementation Of The Digital Decree 41/2010/ND-CP April 12, 2010 Government policy on credit policy for agricultural, rural development.

3. Chief of Staff, Chief Credit Officer of the Economy, Head of relevant units of the State Bank, Director of the Bank of the State Branch of the Province, Central City, Chairman of the Board, Chairman of the Board of the City Council. The Director General, the Director General, is responsible for the organization.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Co-Progress