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

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THE GOVERNMENT.
Numbers: 55 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 9, 2015

DECREE

V. Credit policy for agricultural development, agriculture. n

_________________

Government Law Base December 25, 2001;

Vietnam State Bank Law Base June 16, 2010;

The Law School of Credit: June 16, 2010;

At the suggestion of Governor of the State Bank of Vietnam,

The government issued a decree on credit policy for agricultural, rural development.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree provides for the policy of credit for agricultural development, rural, which contributes to the construction of new rural areas and the raising of the lives of farmers, rural residents.

2. The policy of credit for agricultural development, rural regulation at this decree has not included a credit policy on the agricultural sector, rural banks of the Social Policy Bank and the Development Bank of Vietnam.

What? 2. Subject applies

1. The organizations that perform the lending of agriculture, rural are the credit organizations, the foreign bank branch is organized and operated under the provisions of the Law of Credit organizations (later known as the credit organization).

2. The organization, the individual (later known as the customer) is borrowed under the regulation at this decree, including:

a) Individuals, households residing on rural land or have business manufacturing activity in the agricultural sector;

b) Household business for rural;

c) The owner of the farm;

d) The organization, cooperative, co-cooperative on rural land or engaged in business production in the field of agriculture;

The operating business produces business on the rural land, except for the following subjects: The real estate business business, the mining business, the facilities that produce hydroelectric power, electricity, and businesses that are not subject to regulation. At Point 2, this is in the industrial zone, the construction site;

e) The enterprise provides agricultural inputs for agricultural production and manufacturing businesses, procurement, processing, consumption of products, agricultural products.

What? 3. Explain words

In this decree, the terms below are understood as follows:

1. Rural is the administrative area that does not include the ward of the ward, the town district, the city.

2. Agriculture is a division in the national economic system, including agricultural, forestry, and fisheries sectors.

3. The credit policy serving agricultural, rural development includes a number of policies, the state ' s measure to facilitate the organization, the borrower who developed the agricultural, rural sector, while also encouraging credit organizations to support the agricultural sector. The development of lending to the sector, to contribute to the restructuring of the agricultural sector tied to the new rural construction and to step up the lives of the people.

4. The farm owner is an individual, a household that performs business in the agricultural sector in accordance with the laws of law and is granted the authority to issue a farm economy.

5. The saving loan is a loan method for individuals, households to feed, care for crops, pet crops according to the adjacent production cycle of the year or stem-based plants, the industrial tree has a yearly harvest, according to which the organization is organized. The credit and customer agreement of the previous cycle of the prior cycle continues to be used for the next production cycle but does not exceed the time of 2 (two) consecutive production cycles.

6. The link in agricultural production is the form of cooperation, the link on the basis of a contracting contract between individuals, households, business households, farm owners, cooperative organizations, coopercooperation, cooperative associations, businesses in the stitchup of their products. Agricultural production through the provision of inputs for manufacturing, procurement, processing, and consumption of agricultural products.

7. The value-chain link in agricultural production is the link form in agricultural production by closed-chain production from production to procurement, processing, and consumption of agricultural products (the latter is called a value chain link).

8. High-tech-applied agricultural business is a high-tech application in manufacturing agricultural products that are certified by the authority to grant certification.

9. The highly high-tech application agricultural sector is a high-tech sector that focuses on the application of highly technological research and development into the agricultural sector by law.

10. The high-tech application agricultural region is the concentrated manufacturing region, the high-tech application in agriculture to produce one or some of the product agricultural products that have the advantage of the guarantee zone that reaches productivity, high quality, high valuing and high value. It ' s a legal environment, in accordance with the laws of law.

11. Disaster, a wide range of natural disasters, is the case for natural disasters, epidemics in agricultural production that occur across wide range in one or more provinces, cities that damage many individuals, households, coopercooperes, businesses and are granted. the authority to confirm and inform about the state of natural disasters, epidemics.

12. The objective, improbable cause of the risk, the damage occurs objectively, unforeseen and irreparable despite all necessary measures in the ability to allow it.

What? 4. The lending fields serve agricultural, rural and agricultural development.

1. Loan of the costs of births that serve the production of agricultural products from production to procurement, processing, and consumption.

2. Loan in the service of industrial production, commerce and supply of services on rural land.

3. Loan to produce the breed in cultivation, breeding, fisheries, forest cultivation and supply of products, services that serve agricultural production processes.

4. Loan development in rural areas.

5. The loan serves the National Target Program on the new rural construction.

6. Loan the needs to serve the life of residents on rural land.

7. Loan according to economic programs related to the agricultural, rural areas of the Government.

What? 5. Loan Principles

1. The credit organization performs a loan to the customer according to the regulation at this Decree. Non-regulated content in this Decree is the credit implementation of the loan under the existing law on the loan of the credit organization to the customer.

2. Customers are held credit for non-guaranteed assets under provisions at Articles 9, 14 and 15 of this Decree. Where the customer has a need to borrow higher than the loan without a guaranteed asset in these terms, the loan is done by the current regulation of a credit organization's loan to the customer.

What? 6. State Support Policy

The government has a policy of encouraging lending to the agricultural sector, rural through support of capital, using currency policy executive tools, risk processing policies that arise in the field of agriculture, rural and other governments, and other governments. other books in every period.

Chapter II

SPECIFIC REGULATION

What? 7. Loan Source

The lending capital of credit organizations to the agricultural sector, the countryside includes:

1. The source of the natural capital and the mobiles of prescribed credit organizations.

2. Capital, which receives funding, trusts of organizations, individuals in and out of the country.

3. Government trust funds to lend to agriculture, rural areas.

4. The source of support from the State Bank of Vietnam through the use of monetary policy executive tools.

What? 8. Level for loan and loan method

1. The credit organization and the customer agreement the lending level in accordance with the rule of law.

2. Based on the method, business production project, life service, the purpose of using customer loan, credit organization, and customer agreement applies the method and process of suitable lending procedures, in order to facilitate maximum favorable conditions for the customer service. customer such as loan loan, loan-to-credit, loan-to-time loan and other methods of lending in accordance with the rule of law.

3. The credit organization can delegate to political-social organizations that perform all or some of the work of a credit transaction when lending to customers. The mandate and receiving of the mandate is carried out under the implementation of the law.

What? 9. Money assurance Mechans

1. The credit organization is considered for borrowers on the basis of a guarantee or no guarantee by the property under the rule of law.

2. Personal, household, cooperative, business partner, cooperative, cooperative association, and farm owners are held credit for unsecured loans in accordance with the following levels:

a) A maximum of 50 million contracts for individuals, households residing outside rural areas that have a business manufacturing activity in the agricultural sector (except for the case of Article 2 This Article 2);

b) A maximum of 100 million contracts for individuals, households residing in rural places; individuals and households residing outside the rural area have links in agricultural production with cooperative or business cooperation (except for the case set at Point C Point), a family residence. This is two things.

c) A maximum of 200 million co-workers, industrial tree investments, perennial fruit crops;

d) A maximum of 300 million co-organizations and business households;

At a maximum of 500 million contracts for aquacoco-farming households, offshore seafood mining has contracted product consumption with manufacturing organization and direct export;

e) A maximum of 1 billion contracts for coopercooper; farm owners operate on rural grounds or business production activities in the agricultural sector;

g) A maximum of 2 billion contracts for aquacal farming cooperation or offshore seafood mining, supply of offshore seafood extraction services; farm owners farm farming; co-operating activities active on rural or agricultural land operations. Business in the agricultural sector does not include the subject of Article 2 This Article 2;

h) A maximum of 3 billion contracts for the cooperative of aquacal farming or offshore seafood mining, providing services for offshore seafood extraction.

3. Customer objects that are borrowed without a guaranteed property of regulation at paragraph 2 This must submit to the credit loan organization that receives the use of land (for subjects issued certificates of land use) or unconfirmed certificates. is granted a license to use land and land without a dispute confirmed by the People's Committee. Customers are only using a certificate of unlicensed land and land without a dispute to borrow funds at a credit organization and are accountable to the law on the use of a certificate on loan without a secured property. to be defined by this decree.

4. The individuals, household loans that are in charge at the specified credit organization at Article 4 of this decree do not have to submit the following fees: The application of the contract to enforce the property in the body of the contract implementation; the fee of registration of the guarantee transaction in Warranty registry.

What? 10. Loan interest

1. Loan interest in agricultural development, rural due to customers and credit organizations that deal in accordance with the regulation of the State Bank of Vietnam during each period.

2. The case of credit programs serving agricultural development, rural implementing the direction of the Government, the rate of interest and the means of supporting implementation by Government regulation.

3. Agricultural, rural, or governmental capital loans from government or organizations, the rate of interest is made by government regulation or by agreement with the trust party.

What? 11. The deadline for loan

1. The organization of credit and customer base on the cycle of business production, the capital 's capital recovery deadline, the business production method, the customer' s ability to repay the debt and the credit organization ' s loan funding to deal the loan deadline, the only deadline. to limit credit to customers.

2. The credit organization and the customer agreement the date of the original debt and interest on the loan loan pursuits at paragraph 5 Article 3 of this decree.

What? 12. The restructuring of the debt deadline and new lending

1. The customer case has not yet paid the right debt to the credit organization due to the objective cause, incapacity, the credit organization considering the restructuring of the debt repayment and retention of the debt group to the customer; at the same time the feasibility of the project, The business production process, the customer's ability to pay its debt to review new loans to help customers overcome difficulties, stabilize production, make a return to the old debt and new debt to the credit organization.

2. The case of natural disasters, epidemics occur on the broad range, the Provincial People's Committee, the Central Municipal Committee (Provincial People's Committee) aggregate, specific assessment of the damage to report to the Prime Minister, the State Bank of Vietnam and the Ministry of Finance. On the basis of the report and the recommendation of the Provincial People ' s Committee, the State Bank of Vietnam presided over, in coordination with the Ministry of Finance presented by the Prime Minister to allow the credit organization to be made of non-interest debt on the debt damaged during the period. a maximum of 2 (two) years and the indebtated debt upheld the debt group as classified before the implementation of the debt. The amount of interest in the credit organization failed due to the implementation of the debt on the client by the corresponding state budget.

What? 13. Exposition the project and handle the risk

1. The credit organization performs a backup extraction to handle the risk under the regulation:

a) For the non-guaranteed loan assets stipulated at paragraph 2 Article 9, Article 14 and Article 15 of this Decree, the credit organization is applied to a minimum risk of risk extraction by 50% of the risk foreclosures in accordance with the current regulation. with similar loans in other areas;

b) For the loan of secured assets: The State Bank of Vietnam regulates the maximum deductible rate for the guaranteed property in accordance with agricultural, rural, and rural loans.

2. The credit organization performs the risk of lending to the agricultural sector, rural under the rule of law.

3. The risk case arise on a wide range due to objective, unimpediable causes, the credit organization implementing the debt by regulation at paragraph 2 Article 12 This decree.

What? 14. The credit policy encourages agricultural production by the associated model.

1. Companies, communes, co-workers, co-contracting contracts to provide, consumption on the organization, individuals directly producing agriculture that are held credit review for non-guaranteed loan assets by 70% of the value of the project, the borrower method. according to the link pattern.

2. Businesses, cooperative enterprises, associate co-termists (later known as joint venture) contracted to implement a value chain-based project in agricultural production with the organization, direct individual production of agriculture produced by the organization. The lending review does not have a maximum guaranteed property of 80% of the value of the project, the business production method according to the linked model.

3. The case of organising the implementation of a value chain that meets the risks posed by the objective cause, incapacity, the loan debt is treated as follows:

a) Being held credit considers the restructuring of the debt deadline and retention of the debt group, while also lending new loans on the basis of the feasibility review of the project, the business production method, the customer ' s ability to repay the debt to help customers overcome difficulties, stability and stability. production, implementation of the old debt and new debt for the credit organization;

b) Based on the recommendation of the Provincial People 's Committee, the State Bank of Vietnam chaired, in coordination with the Ministry of Finance to consider the Prime Minister' s presentation to allow the creditless credit organization to not charge a maximum of 3 (three) years for the real lead organization. The value-chain link and the balance of debt remain the same debt group as classified before the implementation of the debt. The amount of interest in credit has circled the corresponding state budget;

c) The case has taken regulatory measures at Point a, b Section 3 This which organizes a chain-based implementation of the value chain still has difficulty in paying off debt, the Provincial People ' s Committee reported specifically to the Prime Minister, the Bank of China. The State of Vietnam and the Ministry of Finance. On the basis of the report and recommendation of the Provincial People ' s Committee, the State Bank of Vietnam chaired, in coordination with the Finance Ministry reporting the Prime Minister to consider deleting the debt to the customer and granting a state budget capital compensation to the credit organization in accordance with the degree. I mean, the damage.

What? 15. The credit policy encourages agricultural production of high technology applications.

1. Businesses, cooperative enterprises, project-based cooperative companies, business production methods in high-tech application agriculture or high-tech-applied agricultural sector are held on loan review, without maximum assurance assets. by 70% of the value of technology transfer contracts or product consumption is the result of the production of the customer's high technology applications.

2. High-tech-applied agricultural enterprises are held credit for a non-asset-free loan with 80% of the value of the project, the method of producing high technology applications in agricultural production.

3. The case of high-tech application agricultural business meets risk due to the objective cause, inequities that the loan debt is treated similarly to the case of the initial implementation of the bond value according to the prescribed value chain at paragraph 3 Article 3. 14 of this decree.

What? 16. Agricultural Insurance in agricultural, rural, and agricultural fields.

Customers when participating in insurance purchases on agricultural manufacturing objects form from a loan source, which is held credit for a loan loss to a minimum of 0, 2% per year compared to the interest rate of the same type and having the corresponding deadline.

Chapter III

THE ORGANIZATION.

What? 17. Vietnam State Bank

1. Guide to the lending of credit organizations to the agricultural sector, rural under the regulation at this decree.

2. Make a policy of support for lending credit organizations to the agricultural sector, rural areas through the use of national currency policy executive tools.

3. Building policies that encourage credit organizations to expand networks (branches, trading rooms) to rural venues, particularly deep, remote regions and particularly difficult regions.

4. Host, in collaboration with the Ministry of Finance, the Provincial People 's Commission in the handling of the organization' s original and interest debt, the individual suffered from the cause of the objective, incapacity to be regulated at Articles 12, 14 and 15 of this decree.

What? 18. Ministry of Agriculture and Rural Development

1. The presiding officer, addition of the agricultural development planning and agricultural products of the country and key regions; directed, instructs the Provincial People's Committee to make agricultural planning, grow crops, livestock on the site.

2. Host and coordination with relevant units in the implementation of the project of agricultural restructuring, which has policies that encourage the development of the development of collaborative models, links, high tech science applications in agricultural production, and the development of agricultural products. Oh,

3. Coordinate with localities performing promotional work, forestry, promotion and saline work; Staff to the Government to enact government support policies on technical science, breed, post-harvest preservation to the producer of products and products. Farming.

4. Guide to the regulation of highly-tech-applied agricultural areas, high-tech agricultural applications that enjoy a credit policy under this decree.

What? 19. Ministry of Finance

1. Host, in coordination with the Ministry of Justice guidelines that do not revoking the property of the property mortgage and registration fee guarantees under the regulation at paragraph 4 Article 9 of this decree.

2. Staff for the Government to deploy insurance policy in agricultural production.

3. Coordination of the State Bank of Vietnam, the Provincial People's Committee in the handling of the institutional and interest rates of the organization, the individual suffered from the cause of the objective, any resistance stipulated at Articles 12, 14 and 15 of this decree.

4. Coordinate with the Ministry of Planning and Investment in the deployment of budget capital in the handling of the original debt, interest, and the corresponding amount of interest that the credit organization has circled to the customer as specified at this Decree.

What? 20. Ministry of Planning and Investment

1. Host, in collaboration with the ministries, the relevant sector builds the mechanism and determines the annual budget capital to mandate loans through credit organizations to the agricultural sector, the countryside, the Prime Minister review, the decision.

2. Lead in the negotiation, exploitation of capital in and outside the country for the mandate to lend to the agricultural sector, rural through credit organizations.

3. Host, in collaboration with the Ministry of Finance in the deployment of budget capital in the handling of the original debt, interest, and the corresponding amount of interest that the credit organization has circled to the customer as specified at this Decree.

What? 21. Ministry of Commerce, Ministry of Justice, Ministry of Natural Resources and Environment

1. The Ministry of Commerce chaired, in coordination with the Ministry of Agriculture and Rural Development and ministries, the relevant sector building support for the provision of market information, commercial promotion and development of the distribution system in consumer stitchup to the public sector. Agricultural products.

2. The Ministry of Justice in coordination with the Ministry of Finance instructed not to revoking the collateral for the property and the charge of registration guaranteed by the regulation at paragraph 4 Article 9 of this decree.

3. The Ministry of Natural Resources and Environment, the Governor and Guide of the Provincial People ' s Committee to accelerate the level of certification of land use certificates attached to the ownership of housing and other property on land.

What? 22. Provincial People's Committee, Central City.

1. Do the development planning of agricultural products and rural infrastructure planning on the province, the city; there is a policy of supporting farmers in technical science, promotion, promotion, promotion, market information, and consumption of agricultural products. Agricultural products.

2. The guide, directed by the People's Committee of the People's Committee to review the unissued certificate of the right to the use of land and land without dispute over the prescribed customer subjects at Clause 3 Article 9 of this decree.

3. General, evaluate and report the Prime Minister, the Ministry of Finance, the State Bank of Vietnam in the handling of the risk posed by the objective cause, the impossibility of regulation at Articles 12, 14 and 15 of this decree.

4. Host to implement the restructuring of agricultural and new rural construction on the government at the direction of the Government; direct the department, ban, industry, the lower-level People ' s Committee in coordinating with the construction banking sector and the deployment of policy to the government. It serves as a loan for the restructuring of the agricultural sector on the site, particularly the lending policy on the associated models, the high technology application in the agricultural sector.

What? 23.

1. Build a process, the procedure for lending in a clear direction, transparency, simplicity, and facilitalization of the customer in the access to the credit capital.

2. Build a policy that prioritits the establishment of branches, the trading room on the most rural site is the deep, remote region and the particularly difficult zone.

3. Coordinate closely with the authorities, local political-social organizations to implement the policy for regulation of regulation at this decree.

What? 24. Customer loan

1. Provide adequate, honesty of information, documentation related to capital loans and is responsible for the accuracy of the information, the document provided.

2. Use the right capital, pay off the original debt and interest in agreement with the credit organization.

3. Make sure the rules of the law are relevant when borrowing capital at the credit organization.

Chapter IV

EXECUTION CLAUSE

What? 25. The transition clause

1. The loan prior to this Decree is valid for the parties to continue under the signed contract.

2. The case of a content that has multiple policies supporting the regulation at this decree is that the individual has only enjoyed one of the highest support policies.

3. The eligible eligible cases of the State for Financial Assistance by Digital Protocol 41/2010/ND-CP April 12, 2010 The Government's policy on credit policy for agricultural development, rural, but not yet supported, continues to be considered in accordance with the provisions of this decree.

What? 26.

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

2. This decree replaces the Digital Protocol 41/2010/ND-CP April 12, 2010 Government policy on credit policy for agricultural, rural development.

What? 27.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the organizations, the individual is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung