Pursuant to Decree No. 28/2008/ND-CP dated 14 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to Decree No. 122/2003/ND-CP of December 22, 2003 by the Government on the establishment of the Foundation for science and technology in developing countries;
The Minister of science and technology, regulations on the management and use of the loan guarantee fund for the project using the energy saving and efficiency in small and medium enterprises as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope this circular regulates the management and use of the loan guarantee fund for the project using the energy saving and efficiency in small and medium enterprises (loan guarantee fund).
2. apply object a) scientific and technological development Fund (PTKHCNQG Fund).
b) financial institutions and commercial banks.
c) small and medium enterprises (SMEs).
d) The savings and service organizations for energy efficiency (TK TCDV & HQNL).
DD) organizations and individuals involved in the process of implementation of this circular.
Article 2. Legal status 1. Loan guarantee fund to the Ministry of science and technology delivered to the PTKHCNQG Fund management and use.
2. Operation of the loan guarantee fund is not for profit, used the right purpose and effectiveness.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. SMES are business are defined in the Decree 56/2009/ND-CP dated 30 June 2009, the Government's SME development assistance.
2. TK TCDV & HQNL is organizing the Advisory function and/or business in the field of energy services and technology transfer.
3. the guarantor's commercial banks are PTKHCNQG Fund mandated to manage loan guarantee fund under the agreement between the two sides.
4. the Parties guarantee loans to SMEs or TK TCDV & HQNL.
5. the guarantee is the financial institution/Bank loan trade activities legal in Vietnam.
6. the guarantee deed is committed in writing of the guarantor with the guarantee of the guarantor will make the repayment obligation in place of the party is guaranteed when the party is guaranteed not to pay or not to pay in full and timely debt loans under commitment to the guarantee.
7. Loan Guaranty contract is a written agreement was signed between the guarantor and the guarantee of the guarantor will make the repayment obligation in place of the party is guaranteed when the party is guaranteed not to pay or not to pay in full and timely debt loans under commitment to the guarantee.
8. Projects of energy use and efficiency savings (SDNL TK project & HQ) is the project to implement the management measures and techniques aimed at reducing losses, reducing the energy consumption of vehicles, equipment and still ensure the needs, goals set out for the production process and life.
Chapter II SPECIFIC PROVISIONS article 4. The Fund's capital loan guarantee funding of the guarantee fund for loans include: 1. A million six hundred ninety-nine thousand nine hundred ninety dollars ($ 1,699,991) (the number of foreign currency will be converted into Vietnam Dong rates buy into the Trust Bank at the time of delivery) from the project "improving the efficiency of energy use in small businesses and recently in Vietnam "by the Global Environment Fund for funding.
2. capital mobilization, funding of organizations and individuals in and outside the country (if any).
3. Sources of debt collection and handling debt after deducting the cost of handling the account for debt incurred debt instead.
4. additional Capital from the results of operation of the loan guarantee fund (if any).
Article 5. Use of the loan guarantee fund 1. Guarantee terms the guarantee loans.
2. Repayment instead of loan guarantee contract signed.
3. Read for the active management of Guarantee Fund for loans.
Article 6. Object loan guarantee 1. Small and medium business.
2. Service Organization saving and energy efficiency.
Article 7. Loan guarantee scope 1. Loan guarantor can guarantee a part or the whole of SME loans, TK TCDV & HQNL loans in commercial banks/financial institutions but not more than 70% of the total project investment after deducting working capital portion of the project.
2. Guarantor the guarantee only original repayment obligations of the Parties are guaranteed at the commercial banks/financial institutions.
Article 8. Loan guarantee limits 1. The level of loan guarantees for the project a maximum of 3 HQ & TK SDNL billion and/or for the party is guaranteed a maximum of 4.5 billion.
2. loan guarantee multiples of the loan guarantee fund does not exceed 2 times the capital available there and can be adjusted to suit the risk level of the project SDNL TK & HQ according to each period.
Article 9. Grant loan guarantee conditions 1. SDNL TK projects Fund was approved by PTKHCNQG HQ & viability of technical-economic and guarantee loan approval.
2. the party is guaranteed to have equity participation in investment projects SDNL TK & HQ a minimum of 30% of the total investment in the project.
3. Have the secured property to guarantee the loan account: a) of assets formed from loans, and/or b) The other Party's property or guarantee of a third party.
4. In addition to the conditions specified in paragraph 1, 2 and 3 of this Article, the party is guaranteed to meet the other conditions of the guarantor.
Article 10. Loan guarantee period the guarantee term loan corresponds to the duration of the loan guarantee and do not exceed term of payback to fixed asset investment. The guarantee period can be extended according to the change of the term loans, however, must not exceed 1/3 of the original guarantee period of the loan.
Article 11. Loan guarantee fees 1. The maximum guarantee fees by 0.8% per year calculated on the amount of the guarantee. The suit charges the guarantee period to be agreed upon in the contract of guarantee loans. Guarantor is entitled to exemption, reduction of the guarantee fee in case the party is guaranteed to meet unforeseen risks.
2. In the event the Parties are slow to guarantee payment of guarantee to the guarantor the guarantee fee, slow pay is calculated by the total cost to the States pay plus interest calculated by 150% interest rate for loans made on the project of slow slow time and pay fees charged.
Article 12. Records suggest that the loan guarantee 1. The paper suggested the SME loan guarantee or TCDVTK & HQNL.
2. documents demonstrating guarantee proposal Party eligible for the guarantee under the provisions of article 9 of this circular.
3. Other documents as specified by the guarantor.
Article 13. The loan guarantee process 1. When the arising needs guarantees loans for project SDNL TK & HQ, suggested Party guarantee send loan guarantee proposal to fund the PTKHCNQG.
2. At the latest 30 days from the receipt of the application, the PTKHCNQG Foundation and the guarantor will conduct the evaluation of the technical and financial aspects of the project and the client. Cases approved, PTKHCNQG Foundation has written notice for the proposed loan guarantee-party and guarantor. The case does not guarantee approval, PTKHCNQG Fund reported to the proposed guarantee and explain clearly the reasons for disapproval.
3. Text based informed consent guarantee of PTKHCNQG Foundation, the guarantor sends the text to guarantee to guarantee base credit contract with the customer.
4. After the contract between the credit guarantee and the guarantee, the guarantor undertook to sign contracts of guarantee and loan contracts secured with guarantee guarantee; release of the guarantee certificate for guarantee.
5. Guarantee made for the party is guaranteed according to the current rules of the State Bank of Vietnam on the mechanism of commercial bank lending to customers.
Article 14. Loan guarantee contracts 1. The guarantee contract consists of the following basic content: a) the name and address of the guarantor and the guarantee.
b) location, the time of loan guarantee contract.
c) amount, validity period and loan guarantee fee.
d) the purpose, the content of guarantee loans.
DD) conditions of service guarantee.
e) measures guarantee the guarantee, the value of the secured property.
g) rights and obligations of the parties.
h) agreement on repayment of the guarantee after the guarantors made the guarantee obligation.
I) agreement on resolving disputes.
k) other agreements.
2. in case of guarantee and guarantee Party wanted to change the terms of the credit contract is related to the content of the contract of guarantee, the guarantor must be approved in writing. Contracts of guarantee are additional amendments, renewals and cancellations when the relevant parties to the agreement.
Article 15. Risk process 1. At the latest 30 days from receipt of request service guarantee by the guarantee, the guarantor to consider and deal with the guarantee of execution or non-execution of obligations of guarantee in accordance with the commitments in the guarantee certificate and loan guarantee contracts signed.
2. where the guarantee obligation to perform in accordance with the commitment of the parties, as follows: a) the guarantor notice of proposed PTKHCNQG Fund and fulfill the obligation to repay such change was committed.
b) PTKHCNQG Fund use of resources of the guarantee fund for loans to make the repayment obligation in place of the party is the guarantee.
c) after receiving approval to repay the Fund's PTKHCNQG instead, the guarantor is the guarantee to receive the debt required for the amount to repay the guarantor whenever service guarantee with interest equal to 150% of the lending rate for commercial banks in term of (guarantor) at the time of receiving the arrears. The party is fully responsible guarantee to repay the loan (including original + interest) for the guarantor.
d) guarantor make debt collection measures, dealing with bad debt and handle risks in accordance with the law and the guarantor or guarantee Parties out of court.
Article 16. Rights and obligations of the Fund PTKHCNQG 1. PTKHCNQG Fund reserves a) mandated for commercial banks made the profession guarentee, recovery and disposal of the debt and the other services in the management of the Guarantee Fund for loans.
b) business requirements to provide documents, information relevant to the evaluation of loan guarantees and other measures to guarantee the guarantee obligation.
c) accept or reject the proposed loan guarantees, additional amendment, renewal or cancellation of guarantee loans for the party is the guarantee.
d) charge or mandated loan guarantee fee as prescribed.
e) require guarantors have comments with guarantee cease lending and debt collection before maturity if the party is the guarantee the guarantee contract infringement, breach of contract or breach of credit law.
g) in collaboration with parties to guarantee, guarantee check and supervise the use of loans and assets from loans to party are guaranteed.
h) refuse to perform the obligation of repayment instead of in the following cases: the guarantee does not perform checking, monitoring under the provisions of the guarantor for the loan, property loan from improper purpose loans recorded in the credit contract of the party is the guarantee.
Guarantee is not yet fully implemented the contents in the deed of guarantee.
2. PTKHCNQG Foundation are obliged a) made the repayment obligations change as agreed with the guarantor.
b) payment fee mandated for commercial banks are PTKHCNQG Fund mandated by the contract of mandate.
c) periodic reports annually or extraordinarily upon request about the results of operations of the guarantee fund for loans to the competent bodies.
Article 17. Rights and obligations of the guarantor 1. Guarantor has a right: a) requires parties to guarantee the supply of documents, information relevant to the evaluation of the guarantee and the guarantee measures for guarantee obligations.
b) release deed of guarantee, additional amendment, renewal or cancellation of deed of guarantee after the opinion written by the PTKHCNQG Foundation.
c) require guarantee loan termination and revocation of previous debt limit if the party is the guarantee the guarantee contract infringement, breach of contract or credit violates the law, report to the PTKHCNQG Fund.
d) in collaboration with the guarantee check and supervise the use of loans and assets from the loan of the party is the guarantee to ensure the use of capital and assets formed from the true purpose of the loan as committed in the credit contract.
DD) refused to perform the obligation of the guarantee in the following cases: the guarantee does not perform checking, monitoring under the provisions of the guarantor for the loan, property loan from improper purpose loans recorded in the credit contract of the party is the guarantee.
Guarantee is not yet fully implemented the contents in the deed of guarantee.
e) requires parties to guarantee receiving compulsory debt and repay the full amount of the Funds already paid PTKHCNQG instead (including principal and interest), property processing ensure the guarantee under the rules.
g) to sue under the provisions of the law when the party is the guarantee obligation violation committed.
2. the guarantor is obliged to: a) perform duties guarantors under the guarantee certificate.
b) full repayment of the secured property and related documents for the party is guaranteed when conducting the liquidation of the contract of guarantee.
c) devolution to receive and process the secured property to guarantee in any guarantor refused service in guarantee.
d) provides information, reports periodically or irregularly on the State guarantee for loans to fund PTKHCNQG.
Article 18. Rights and obligations of the Parties guarantee 1. The party is guaranteed to have the right to: a) proposed guarantors sign the contract of guarantee, the guarantee certificate release; additional amendment, renewal or cancellation of the guarantee when there is a change to the terms of your credit contract.
b) requires parties to guarantee the correct implementation of the guarantee commitments and agreements in the contract of guarantee.
c) sue under the provisions of the law when the parties concerned violation of obligations committed in the contract of guarantee, credit contract, deed of guarantee.
2. the Parties are obliged to guarantee a) provides complete, accurate and truthful information and documentation according to the requirements of the PTKHCNQG Fund, on the guarantee, guarantee and take responsibility for the accuracy of the information, the materials were provided.
b) full and timely implementation of obligations committed with the guarantor and the guarantee.
c) full and timely payment of guarantee fee.
d) loan, property loan from the formation are the guarantee for your purposes, ensure effective.
DD) get the debt to guarantor for debt repayment and PTKHCNQG Fund PTKHCNQG Funds amount paid instead of the original, including the interest rate arising from the implementation of the guarantee obligation.
e) subjected to testing, monitoring and reporting activities related to the loan guarantee for transaction Parties guarantee, guarantee.
g) make the repayment before maturity for the guarantee when the party has requested.
Article 19. The rights and obligations of guarantee 1. Guarantee reserves a) made the right of credit institutions to lend to the customer according to the provisions of the law on credit institutions and related texts.
b) requires parties to guarantee the implementation of obligations under the deed of guarantee and other related agreements.
c) requires parties to guarantee the transfer of the right to receive and process the secured property guarantee in case the guarantor denied service guarantee.
d) sue under the provisions of the law when the parties violated the agreements in the contract.
DD) other rights under the agreement.
2. Guarantee obligations a) implemented the obligations of credit institutions to the customer according to the provisions of the law on credit institutions and related texts.
b) test, monitoring the use of loans, asset formation from the loan, the repayment of the party is the guarantee to ensure the use of capital property, formed from the true purpose of the loan, the loan debt repayment in accordance with the commitments in the credit contract.
c) give full guarantor proven record disbursements of loans; check, monitoring the use of loans and assets from loans to party is guaranteed when the guarantee service guarantee.
d) provide information, periodic report or irregular situation made the loans have guarantee for the guarantor and the competent State bodies.
Chapter III FINANCIAL MANAGEMENT, ACCOUNTING and AUDIT MODE article 20. Financial management 1. The capital operation of the loan guarantee fund for the project SDNL TK & HQ must be used for your purposes and in compliance with the provisions of the current law.
2. Sources of currency of the loan guarantee fund include such as: a) the interest rates of deposits guarantee fund's capital loans at guarantor.
b) loan guarantee Fee.
c interest rate received by the creditor) Parties are guaranteed to pay.
d) other revenues (if any).
3. The cost of the loan guarantee fund, include: a) mandated Fee contract guarantor-mandated signed between the two sides.
b) pay the salaries and allowances (if any) for officers participated in the operation management of the Guarantee Fund for loans.
c) spend on active management (evaluation, inspection, monitoring, handling debt, contact information, ...) and promotion activities (advocacy information...) Loan guarantee fund.
d) other expenses.
4. The level of genus, the genus content made under the current rules.
Article 21. Accounting mode 1. The whole of the economic profession related to the operation of the loan guarantee fund must be open bookkeeping and accounting in accordance with the provisions of the law and the guidelines of the Ministry of finance.
2. The financial year of the loan guarantee fund for projects SDNL TK & HQ from January 1 to December 31 of the calendar year.
3. PTKHCNQG Fund is responsible for the organisation of separate accounting for the operation of the loan guarantee fund and the aggregate on the report of the unit, reporting to the Minister of science and technology and related agencies.
Article 22. Audit mode 1. Operation of the loan guarantee fund is irregular or annual audit along with PTKHCNQG Funds according to the current rules for the PTKHCNQG Foundation.
2. PTKHCNQG Fund is responsible for providing adequate data, information about the operation and use of the resources of the guarantee fund for loans to the State Audit Agency.
Chapter IV monitoring, EVALUATION and PERIODIC REPORTS Article 23. Monitoring and evaluation 1. Periodic monitoring of the operations of the guarantee fund to guarantee loans is the responsibility of the Director of the PTKHCNQG Foundation.
2. Report the loan guarantee activity is conducted annually and is part of the content of PTKHCNQG Fund activity reports.
Article 24. Periodic report mode 1. PTKHCNQG Fund Manager is responsible for assessing the results of operation of the loan guarantee fund, reports to the Minister of science and technology and the Ministry concerned.
2. The report includes the following content: a) reviews the results of activities of the Fund during the period of the report.
b) the problems and difficulties encountered in the process of management and operation of the loan guarantee fund and the cause.
c) action plan for the next year and make recommendations.
Chapter V ENFORCEMENT PROVISIONS article 25. Handle for the guarantee granted before January 7, 2011 1. PTKHCNQG Foundation is responsible for reception, legacy and continues to manage the entire payment guarantee loans still in effect were issued before July 30, 2011 in the framework of the project "improving the efficiency of energy use in the small and medium enterprises in Vietnam" (PECSME) according to a handover between the PECSME project Joint stock commercial bank for industry and trade and the Vietnam Fund PTKHCNQG.
2. the guarantee Fees continued to perform under the contract of guarantee signed.
3. capital repayments instead of retrieved from the capital of the loan guarantee fund and is made according to the "program management agreement to fund loan guarantees for projects and energy efficiency savings" and the revised text of the agreement signed between the Ministry of science and technology joint stock commercial bank for industry and trade "Vietnam on December 13, 2006 in the framework of PECSME project.
Article 26. Implementation and effect 1. Director of the PTKHCNQG Foundation is responsible for organizing the implementation of this circular.
2. This circular effect since July 1, 2011.
3. In the process of implementation, if any problems arise or difficult problems, suggest the organs, organizations, enterprises reflected promptly in writing to the Ministry of science and technology for consideration, decision.