Decree 55/2015/nd-Cp: About Credit Policy Serves Rural Agriculture Development

Original Language Title: Nghị định 55/2015/NĐ-CP: Về chính sách tín dụng phục vụ phát triển nông nghiệp, nông thôn

Read the untranslated law here: http://vbpl.vn/tw/Pages/vbpq-toanvan.aspx?ItemID=67618&Keyword=

Decree on credit policy of agricultural development, rural _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law the State Bank of Vietnam on June 16, 2010;
Pursuant to the law on credit institutions 16 June 2010;
According to the proposal of the Governor of the State Bank of Vietnam, the Government issued Decree on credit policy of serving agriculture, rural development.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the credit policy of serving agriculture, rural development, contributing to the construction of new countryside and improve the lives of farmers, rural dwellers.
2. credit policies serving agricultural, rural development regulations in this Decree does not include a credit policy for the agricultural sector, rural Bank of social policy and Vietnam Development Bank.
Article 2. Application object 1. The institutions made loans to serve agricultural development, rural credit institutions, branches of foreign banks are organized and operate according to the provisions of the law on credit institutions (hereinafter referred to as the institutions).
2. organizations and individuals (hereinafter referred to as the customer) get the loan under the provisions of this Decree, including: a) individual, households reside in the countryside or have business activities in the field of agriculture;
b) active business households in rural areas;
c) farms;
d) collaboration, cooperative, the Cooperative Association of rural areas or join the business activities in the field of agriculture;
active business) business in the countryside, except for the following objects: business real estate, mining enterprises, the production base of hydropower, thermal power and enterprises not subject to the provisions in point e clause 2 this is located in industrial zone export processing zones;
e) enterprise providing agriculture inputs for agricultural production and manufacturing businesses, acquisition, processing and consumption of products, agricultural by-products.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. The countryside is the area of administrative boundaries do not include the area of the ward, County of towns and cities.
2. Agriculture is the subdivision of the system of national economic sectors, including the fields of agriculture, forestry and fisheries industry matches.
3. credit policies serving agricultural, rural development includes a number of policy measures by the State to create the conditions for the organisation, individual loans development of agriculture, rural areas, and encourages the institutions to promote loans for this sector in order to contribute to the implementation of restructuring agricultural sectors associated with the construction of new countryside and gradually improve people's lives.
4. Farm owners are individuals, households and make business in the agricultural sector in accordance with the provisions of the law and the competent agencies are certified farm economy.
5. save lending service lending methods for personal, household to cultivating, crop care, pet has the crop under the adjacent production cycle in the year or the original save trees, the trees harvest industry annually, according to which the credit institution and the customer agreement the previous cycle's original debt balance continue to be used for the cycle the next production but does not exceed the duration of 2 (two) consecutive production cycles.
6. Links in agriculture is the form of cooperation, links on the basis of the contract signed between the objects is personal, household, business, home farm, cooperative, partnership, cooperative, Association of enterprises in the process of agricultural production through the provision of inputs for production services , acquisition, processing and consumption of agricultural products.
7. follow the links in the value chain of agricultural production is linked in the form of agricultural production according to the enclosed chain from production to the acquisition, processing and consumption of agricultural products (hereinafter referred to as the link according to the value chain).
8. agricultural enterprises in high-technology applications as enterprise high-tech applications in the production of the agricultural product are competent authority issued the certificate.
9. the agricultural Zones of high technology applications is high technology area focused its research achievements in application and development of high technology in the field of agriculture under the provisions of the law.
10. The application of high technology in agriculture is the focus, the application of high technology in agriculture to produce one or several products of agricultural commodities have the advantage of the yielding guaranteed, high quality, high value and friendly to the environment as defined by the law.
11. Natural disasters, disease outbreaks on the broad scope of the case of disaster, disease in agricultural production occurs on a broad range of one or more of the city, causing damage to many individuals, households, businesses, cooperatives and are authorized to confirm and report on the status of disaster , disease.
12. Objective causes, force majeure event causes the risk, damage occurs in an objective, could not foresee and could not overcome despite applying all necessary measures of ability allows.
Article 4. The field of lenders serving the agricultural, rural development 1. The loan costs incurred in serving production process agricultural products from the production to the acquisition, processing and consumption.
2. Service industry, trade and supply of services in the countryside.
3. Loans to produce seed in crop, livestock, fisheries, forestry and the provision of the products or services serve the agricultural production process.
4. For the development of industries in rural areas.
5. Service national target programs on building new countryside.
6. Loan servicing needs of residents living in the countryside.
7. Lending under the economic program related to agriculture, rural areas of the Government.
Article 5. Lending principles 1. Credit institutions make loans for the client as specified in this Decree. The content is not regulated in this Decree, the credit institutions make loans according to the provisions of the current law on lending by credit institutions for the customer.
2. Customers are credit institutions loans no secured property as prescribed in articles 9, 14 and 15 of this Decree. If customers have higher loan rates loan needs no secured property outlined in this part of the loan beyond should follow the current rules on lending by credit institutions for the customer.
Article 6. The policy of support of the State Governments have policies to encourage lending for agriculture, rural areas through support of resources, using the tools of monetary policy, operating a policy of handling risks arising in the field of agriculture, the countryside and the different policies in each period.
Chapter II SPECIFIC PROVISIONS article 7. Loan capital loan capital of the credit institution for agricultural, rural areas include: 1. capital letters and the mobilization of the credit institution according to the rules.
2. The loan, the funds received by the trustee, sponsor organizations and individuals in and outside the country.
3. the Government's trust funds to lend to agricultural, rural areas.
4. capital support from the State Bank of Vietnam through the use of the tools of monetary policy operating.
Article 8. Loan rates and loan method 1. Credit institutions and customers loans level agreement consistent with the provisions of the law.
2. Based on the methodology of the project, production, business, life, serving the purpose of use of customer loans, credit institutions and customers agreement to apply the method and procedures for proper loan, intended to create the maximum favorable conditions for customers such as lenders save service , loan credit, lending each time and the method of lending more in line with legal provisions.
3. Credit institutions may be entrusted to the social-political organization to perform all or some of the industrial sewing service credit when lending to customers. Trusts and trust receipt is done according to the current provisions of the law.
Article 9. Loan guarantee mechanism 1. Credit organization be considered for borrowers on the basis of secured or unsecured by the property under the provisions of the law.
2. Individual, household, group collaboration, business, cooperatives, cooperative Nations and ranchers held credit loans no secured property according to the following levels: a) a maximum of 50 million for individuals, households or reside outside the rural area has business activities in the agricultural sector (except in the case referred to in Point c clause 2 of this);
b) 100 million maximum for individuals, households reside in rural areas; individuals and families who reside outside of rural areas has involved links in agricultural production cooperatives or business (except in the case referred to in Point c of Paragraph 2 of this Article);
c) max 200 million for individuals, households invested industrial crops, fruit trees, perennial;
d) 300 million maximum for the combination of business and households;
maximum 500 million dong) for aquaculture households, households off-shore harvesting have contracted consumption of the product with the Organization processing and export directly;
e) maximum 1 billion for cooperatives, farms on rural activities or business activities in the field of agriculture;
g) maximum of 2 billion for cooperative aquaculture or harvesting, provide services off-shore harvesting; the aquaculture farms; Cooperative Association of local rural operations or business activities in the agricultural sector does not include objects in point h Paragraph 2 of this Article;

h maximum) 3 billion for Cooperative Union of aquaculture or harvesting, provide services off-shore harvesting.
3. The customer object was no loan secured property as defined in Paragraph 2 of this Article must be submitted to the credit institution to borrow the land use right certificate (for the object the certification of land use) or certificate has not been issued a certificate of land use and land without dispute by the people's Committee of social validation. The client certificate is used to only have yet to be granted land use right certificates and land without dispute to the loan at a credit institution and is responsible before the law on the use of confirmation on to borrowers with no secured property as specified in this Decree.
4. The individual, household loans in credit institutions as defined in article 4 of this Decree is not filed the following fee: the fee for certified mortgage assets contract at the Agency make endorsement contract; The registration fee of the transaction secured transaction registry at ensure.
Article 10. Lending rate 1. The interest rate for the loan serves rural agriculture development due to customers and credit institutions the agreement consistent with the provisions of the State Bank of Vietnam in each period.
2. in case the credit program serving the agricultural, rural development conducted under the direction of the Government, the interest rate and method support follow the Government's rules.
3. The agricultural sector loans, rural from Government funds or institutions, individual trustees shall the interest be made as specified by the Government or by agreement with the trust party.
Article 11. Loan term 1. Credit institutions and clients based on the business cycle, the time limit for the recovery of capital projects, business plans, customer's repayment capability and loan capital of the credit institution to loan term agreement period, maintaining the credit limit for the customer.
2. the credit institution and the customer agreement term of repayment of principal and interest in respect of loans saving the service as specified in Clause 5 of article 3 of this Decree.
Article 12. Term debt restructuring and new loans 1. The customer has not paid the debt to credit institutions due to objective reasons, unforeseen credit organizations considering restructuring the repayment term and keep the Group owed to customers; at the same time based on the project's feasibility, business case, the repayment ability of clients to consider new lending to help the client overcome difficulties and stabilize production, made repayment of old and new debts to credit institutions.
2. in case of disaster, disease occurs widely, the provincial people's Committee, the central cities (provincial people's Committee) General, specific evaluation of the damage to the Prime Minister's report, the State Bank of Vietnam and the Ministry of finance. On the basis of the report and recommendations of the provincial people's Committee, Vietnam's State Bank, in coordination with the Finance Ministry and the Prime Minister to allow credit institutions be made debt interest not delineated for outstanding losses during a maximum of 2 (two) years and debts delineated unchanged group debt as was classified prior We circled the debt. Interest credit institutions cannot be obtained due to have made such debt for the customers are State-level budget respectively.
Article 13. Extract the backup set and handle risks 1. Credit institutions implement the extract created backup to handle risks as defined: a) for loans no secured property specified in clause 2 article 9, article 14 and article 15 of this Decree, credit institutions are applied to extract backup set minimum risk by 50% of the level of risk estimate is quoted according to the current rules for the similar loans in other sectors;
b) for property loans guarantee: the State Bank of Vietnam specifies the maximum deduction rate for secured property consistent with agricultural loans, rural areas in each period.
2. Credit institutions make handling the risk of lending for agriculture, rural areas in accordance with the law.
3. in case of risks arising on the wide range due to objective reasons, unforeseen credit institutions make circled the debt as defined in item 2 article 12 of this Decree.
Article 14. The credit policy of encouraging agricultural production according to the affiliate model 1. Enterprises, cooperatives, the cooperative signed a contract offer, the consumption for individual organizations directly agriculture credit organizations are considering loans no secured property maximum 70% of the value of the project, the loan schemes under the affiliate model.
2. Enterprises, cooperatives, cooperative Nations clue (hereinafter referred to as the Organization) signed the contract for the project link in the value chain of agricultural production with the individual organizations directly agriculture credit organizations are considering loans no secured property a maximum of 80% of the value of the project production variant, the model links.
3. where the Organization made the link according to the value chain risk due to objective reasons, force majeure, the repayment of the loan is processed as follows: a) Are credit institutions to consider restructuring the repayment term and keep the group debt, while new lending on the basis of consideration of the feasibility of the project business projects, the ability to pay the debt of the customer in order to help the client overcome difficulties and stabilize production, made repayment of old and new debts to credit institutions;
b) based on the recommendations of the provincial people's Committee, the State Bank of Vietnam presided, in cooperation with the Ministry of finance to consider the Prime Minister allows credit institutions interest no debt circled a maximum of 03 (three) years for the Organization made the link according to the value chain and make the debt are classified as debt group before make circled the debt. Interest credit organization has circled is the State-level budget respectively;
c) case has taken the measures provided for in point a, b Paragraph 3 of this article that the Organization made the link according to the value chain is still having difficulty in repaying, the provincial people's Committee report specifically with the Prime Minister, the State Bank of Vietnam and the Ministry of finance. On the basis of the report and recommendations of the provincial people's Committee, the State Bank of Vietnam presided, in cooperation with the Ministry of Finance reported the Prime Minister to consider debt relief for clients and the level of State budget funds to compensate for the credit organization according to the extent of the damage.
Article 15. The credit policy of encouraging agricultural production and high-tech applications 1. Enterprises, cooperatives, the cooperative project, production and business approach in the application of high technology in agriculture or agricultural area, high technology applications be considered credit institutions loans no secured property maximum 70% of the contract value in technology transfer or consumption of the product is the result of the production application the high technology of client.
2. Enterprises, agricultural high technology applications be considered credit institutions loans no secured property a maximum of 80% of the value of the project, production and business projects in hi-tech applications agricultural production.
3. in case of agricultural enterprises in high-technology applications to meet risks by objective causes, force majeure, the repayment of the loan is handled the same as for organization made the link according to the string value specified in article 14 paragraph 3 of this Decree.
Article 16. Agricultural insurance in the agricultural sector, lending to rural customers when taking buy insurance for agricultural production objects formed from the capital, are credit institutions reduce lending interest rates with a minimum of 0.2% per year compared to interest rates of the loans of the same type and the corresponding duration.
Chapter III IMPLEMENTATION article 17. The State Bank of Vietnam 1. Guide to credit institutions for loans for the agricultural sector, rural under the provisions of this Decree.
2. A policy of support for the Organization of credit loans for agriculture, rural areas, through the use of the operating tool of national monetary policy.
3. Building policy encouraged credit institutions extended network (branch offices) to rural areas, especially in the remote areas and the region especially hard.
4. Hosted, in cooperation with the Ministry of finance, provincial people's Committee in handling the debt principal and interest of the Organization, the individual suffers damage due to objective reasons, force majeure specified in articles 12, 14 and 15 of this Decree.
Article 18. The Ministry of agriculture and rural development 1. Your host, additional development of the agricultural sector and agricultural products of the country and the region; steer, guide the provincial people's Committee of agricultural planning, crop development, livestock in the area.
2. Chaired and coordinated with the relevant units in the deployment project to restructure the agricultural sector, including policies to encourage the deployment of development cooperation models, link, application of high science and technology in agricultural production.
3. In cooperation with the locally made agricultural extension work, forestry, fisheries and salt; advised the Government to enact the policies of State support for science engineering, breeding, preserving the harvest for the production of agricultural products.
4. Guide the regulation on the application of high technology in agriculture, Department of Agriculture high-tech applications are entitled to credit policy according to this Decree.
Article 19. The Ministry of finance 1. Hosted, in cooperation with the Department of Justice guide to the non-fee probate property mortgage contracts and the registration fee secured transactions prescribed in paragraph 4 to article 9 of this Decree.

2. Advise the Government implemented the policy of insurance in agriculture production.
3. Coordinate the State Bank of Vietnam, the provincial people's Committee in handling the debt principal and interest of the Organization, the individual suffers damage due to objective reasons, force majeure specified in articles 12, 14 and 15 of this Decree.
4. In coordination with the Ministry of planning and investment in the budget in the handling of the original debt, interest rates and the corresponding level of interest rates in credit organizations have delineated for the client as specified in this Decree.
Article 20. The Ministry of planning and investment to 1. Hosted, in cooperation with the ministries concerned to build mechanisms and determine the annual budget to authorize loans through credit institutions with regard to agriculture, the countryside, the prime consideration, decision.
2. The clue in the negotiation, the exploitation of domestic and foreign capital to the lending mandate, rural agricultural sector through credit institutions.
3. Hosted, in cooperation with the Ministry of finance in the budget in the handling of the original debt, interest rates and the corresponding level of interest rates in credit organizations have delineated for the client as specified in this Decree.
Article 21. Ministry of industry and trade, the Ministry of Justice, Ministry of natural resources and the environment 1. Ministry of industry and trade, in collaboration with the Ministry of agriculture and rural development and the ministries concerned to build support for policies to provide market information, trade promotion and development of distribution system in the suture of consumption for agricultural products.
2. The Ministry of Justice in collaboration with the Ministry of Finance shall guide the no fee mortgage contracts authentication and registration fees secured transactions prescribed in paragraph 4 to article 9 of this Decree.
3. Ministry of environmental resources and directing, urging and guidance Committee granted the speeding up certification of land use right associated with the ownership of houses and other assets on the ground.
Article 22. The people's Committee of the central cities, 1. The development of the agricultural products and the planning of rural infrastructure in the province, the city; the farmers support policies on Science and technology, agriculture, forestry, fisheries, market information and consumption of agricultural products.
2. The guide, directing social people's Committee confirmed the review has not yet been issued a certificate of land use and land without dispute to the customer as specified in paragraph 3 article 9 of this Decree.
3. The synthesis and assessment reports, the Prime Minister, the Ministry of finance, the State Bank of Vietnam in the handling of risks by objective causes, force majeure specified in articles 12, 14 and 15 of this Decree.
4. Presided over the deployment of restructuring agriculture and new rural construction in the area under the direction of the Government; directed the departments, the sector, the Committee granted under coordination with the industry and construction Bank lending policies serve the restructuring program on agriculture, especially lending policies for the affiliate model, high technology application in the field of agriculture.
Article 23. Credit institutions 1. Build process, lending procedures towards clear, transparent, simple and create the conditions for maximum customer in obtaining access to credit capital.
2. Build the policy priorities established branches, offices in the most rural region of remote areas and the region especially hard.
3. Work closely with other levels of Government, the socio-political organizations locally to implement loan policies specified in this Decree.
Article 24. Client 1. Provides a full, honest information, documents related to the loan and is responsible for the accuracy of the information, the materials were provided.
2. Use the correct loan purpose, repayment of principal and interest under the loan agreement with credit institutions.
3. To comply with the provisions of relevant laws when loans in credit institutions.
Chapter IV article 25 ENFORCEMENT TERMS. Transitional provisions 1. The loan before the date of this Decree have been enforceable the parties continue to comply with the contract signed.
2. in case of a multiple content support policies prescribed in this Decree, the Organization, individuals are only entitled to one of the highest support policy.
3. The cases eligible for State financial assistance according to Decree 41/2010/ND-CP dated 12 April 2010 the Government credit policies serve the agricultural, rural development but not yet supported continued consideration of support prescribed in this Decree.
Article 26. Effect 1. The Decree has effect from the date July 25, 2015.
2. This Decree replaces Decree 41/2010/ND-CP dated 12 April 2010 the Government credit policies serve the agricultural, rural development.
Article 27. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.