Circular 65/2011/tt-Btc: Guide Support Loan Interest Rate And The Interest Rate Disparity Compensation Levels Due To A Policy Of Support To Reduce Post-Harvest Losses For Agricultural Products, Fishery Products

Original Language Title: Thông tư 65/2011/TT-BTC: Hướng dẫn hỗ trợ lãi suất vay vốn và cấp bù chênh lệch lãi suất do thực hiện chính sách hỗ trợ nhằm giảm tổn thất sau thu hoạch đối với nông sản, thủy sản

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Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;

Pursuant to decision No. 63/2009/QD-TTg on October 15, 2010 the Prime Minister about support policies aimed at reducing post-harvest losses for agricultural products, fishery products;

The Ministry of finance guidelines on interest rate loans and aid granted to compensate the difference in interest rates to the Bank of agriculture and rural development of Vietnam due to a policy of support to reduce post-harvest losses for agricultural products, aquatic products as follows: article 1. Scope and object applies: this circular guide on the condition, records, procedures and processes to support the interest rate and the interest rate disparity compensation levels for the Vietnam Bank for agriculture and rural development of Vietnam when making the lenders for loans as defined in article 1 and article 2 of decision No 63/2009/QD-TTg on October 15, 2010 by Prime Government support policies aimed at reducing post-harvest losses for agricultural products, fishery products (hereinafter referred to as the decision No. 63/2009/QD-TTg).

Article 2. The condition is the State budget support loan interest rate or interest rate disparity compensation levels: 1. The Bank of agriculture and rural development of Vietnam organizations make loans according to the provisions of article 1 and article 2 of decision No 63/2009/QD-TTg and the direction of the State Bank of Vietnam.

2. The loans are funded to support the interest rate or the interest rate disparity compensation level is the loan meets the following conditions: a) the right audience, the right objectives specified in article 1 and article 2 of decision No 63/2009/QD-TTg.

b) supported loans interest rate or interest rate disparity compensation level is the loan repayment before and during the term at the time of interest rate support or compensate the difference in interest rates; no interest or support level to offset the difference in the interest rates for overdue loans.

Article 3. The level and sources of capital to support the interest rate and the interest rate disparity compensation levels: 1. The level of support and interest rate levels offset the interest rate disparity: a) The interest rate support loans to buy machinery and equipment prescribed in clause 2 article 1 decision No 63/2009/QD-TTg are the State budget to support 100% interest in the first two years and from the third year onwards State budget support, 50% interest.

b) loans apply credit interest development investment to purchase machinery, equipment and investment projects stipulated in Item 1 and item 2 article 2 of decision No 63/2009/QD-TTg was granted State budget to compensate the difference between the interest the Bank's lending for agriculture and rural development of Vietnam and the credit interest rate of investment development State.

c) loan interest rate of the Bank of agriculture and rural development of Vietnam as the basis for the State budget support or interest rate disparity compensation level is the lowest loan interest rate of the Bank of agriculture and rural development of Vietnam to apply for loans that served rural areas rural, along-term and at the same time.

Bank for agriculture and rural development of Vietnam have a responsibility to publicize the lowest loan interest rates according to the provisions in point c) Clause 1 of this article to apply for loans to support the object as defined in article 1 of this circular, as a base to support the interest rate or the interest rate disparity compensation levels.

d) investment credit interest rate development was carried out according to the provisions in paragraph 3 article 2 of decision No 63/2009/QD-TTg is the investment credit interest rate of development of the State was declared applicable to each period.

2. capital support and interest levels offset the difference in the interest rate: the interest rate support, capital grants make up the difference in the interest rate policy of support for reducing post-harvest losses for agricultural products, fishery products are arranged in genus-level estimation of offset credit interest rate spreads in the incentive of the annual State budget. The Ministry of planning and investment has responsibility, in collaboration with the Ministry of finance arranged financing support, interest rate levels offset the difference in interest rates reduced post-harvest losses for the Bank for agriculture and rural development of Vietnam according to the provisions in clause 5 article 6 decision No 63/2009/QD-TTg and the provisions of the law on the State budget.

Article 4. Records, procedures and loan interest assistance grant of the interest rate disparity compensation: 1. Planning the support interest rate and the interest rate disparity compensation levels: annually, at the latest on 31/7, Bank for agriculture and rural development of Vietnam based tasks, expected loan to buy machinery harvest service equipment, farm produce, aquatic products and investment in the project to build the next year's inventory to build interest and support plans to grant compensation for the interest rate disparity in the plan (have divided each quarter) sent the Ministry of Finance (1) and the Ministry of planning and investment (1) into the build-time estimation of State budget revenue in design next to the provisions of the law on the State budget and the writing guide.

The planning of support and interest level to offset the difference in interest rates is done according to the following formula: 1.1. For supported loans interest rate: interest rate amount supported the plan = the number of supported interest of old debt has arisen (referred to in this Point a Detail) + the amount of supported interest rate expected to arise during the plan year (referred to in this Point b of the Weather) a) for the balance of the old debt was incurred (including the estimated number of up to December 31 of the previous year in the plan): the amount of interest to be supported by the old debt balance arose = average loan interest rate x the average support in that:-the average loan size was the Bank of agriculture and rural development of Vietnam calculated on the basis of the average outstanding balance has made loans.

-Average support interest rate equal to 100% of the average lending rate of the Bank of agriculture and rural development of Vietnam in the first two years and from the third year onwards, with 50% of the average lending rate of the Bank of agriculture and rural development, Vietnam is determined according to the provisions in clause 1 of article 3 of this circular.

b) for the residual debt will arise in planning: the amount of supported interest rate expected to arise in the year plan = the average loan size in supported x average support interest rate-the average loan size in is supported by the average number of formulas between outstanding beginning of year debt balance last year and plan to plan.

-Average support interest rate equal to 100% of the average lending rate of the Bank of agriculture and rural development of Vietnam in the first two years and from the third year onwards, with 50% of the average lending rate of the Bank of agriculture and rural development, Vietnam is determined according to the provisions in clause 1 of article 3 of this circular.

1.2. With respect to compensation to be granted loans interest rates: interest rate amount variances granted compensation plan = the amount of the interest rate disparity was granted offset of old debt has arisen (referred to in this Point a Detail) + the amount the interest rate disparity compensation levels expected to be incurred during the plan year (referred to in this Point b of the Weather) a) for the balance of the old debt was incurred (including the estimated number up to December 31 of the previous year in the plan): the amount of the interest rate disparity was granted offset of old debt balance arose = have average loan debt Balance was granted offset interest rate spreads, the difference in interest Rate levels the x offset of which:-average outstanding average loan was granted offset the difference in interest rates is the Bank of agriculture and rural development of Vietnam-based calculations the average outstanding balance basis have made lenders.

-The interest rate disparity Levels level average compensation is the difference between the average lending rate of the Bank of agriculture and rural development of Vietnam and credit interest rates of State development investment, calculated the average number of formulas between the interest rate disparity compensation level level first year and last year.

b) for outstanding Convention will arise in planning: the amount the interest rate disparity compensation levels expected to be incurred during the plan year = year the average loan was granted offset x interest rate disparity compensation levels Level average-the average loan size in granted compensation is calculated as the arithmetic average formula between outstanding beginning of year debt balance and last plan years of planning.

2. To temporarily grant the loan interest assistance grant and quarterly interest rate disparity compensation: maximum after 30 days of receiving the report made you of the Bank for agriculture and rural development of Vietnam, the Ministry of finance will implement interim level by 80% the amount of support the Bank's interest rates made the previous quarter but not beyond the estimation was given the first year. The case does not make a temporary level, the Ministry of finance to answer in writing the Bank of agriculture and rural development of Vietnam in the time limit of 20 working days.

3. Method of determining the amount of supported interest rate and the amount of the interest rate disparity was granted offset: 3.1. For supported loans loan interest as defined in article 1 of decision No. 63/2009/QD-TTg dated: a) the amount of interest to be supported for a loan is calculated by the method of analysis between the interest rate support with outstanding loans and loan period was hỗtrợ the interest rate according to the following formula : interest rate amount supported fact = Σ i = 1 n the interest rate support x Of the area between the outstanding balance (corresponding to the lending rate same period) with the number of days outstanding in the implementation, 30 of which:-support the interest rate prescribed in paragraph 1 of article 3 of this circular.

-n is the number of days outstanding in States supported interest.


b) interest is supported by the Bank for agriculture and rural development, Vietnam is of interest are the real support of all loans subject to interest assistance.

c) Bank of agriculture and rural development of Vietnam using the above formula to determine the amount of interest rate support suggested the Finance Ministry granted compensation.

3.2. for loans granted to compensate the difference in the interest rate as defined in article 2 of decision No 63/2009/QD-TTg dated: a) the difference in interest rate amount granted to compensate for a loan is calculated by the method of analysis between the interest rate difference was granted offset with outstanding loans and loan period was granted offset interest rate according to the following formula : interest rate amount variances granted compensation fact = Σ i = 1 n the level difference of interest rate levels offset x Of the area between the outstanding balance (corresponding to the lending rate same period) with the number of days outstanding, done in 30 where:-the level of the interest rate disparity compensation levels as defined in paragraph 1 of article 3 of this circular.

-n is the number of days outstanding in States supported interest.

b) variances are granted interest rates amount to compensate the Bank for agriculture and rural development, Vietnam's total interest rate levels offset the fact of all the loans granted to offset the interest rate.

c) Bank of agriculture and rural development of Vietnam using the above formula to determine the amount of the difference in interest rates suggested the Finance Ministry granted compensation.

4. Payment support loan interest rate and the interest rate disparity compensation levels: 4.1. The latest within 45 days of the end of the financial year, the Bank of agriculture and rural development of Vietnam must send the proposal finalization support loan interest rate and the interest rate disparity compensation levels for the Finance Ministry. For the case of the profile is not valid, the Ministry of finance is responsible for notification in writing to the Bank for agriculture and rural development of Vietnam within 10 days.

4.2. The record settlement proposal: a suggested settlement profiles) for loan interest assistance loans:-report on the system-wide support-settlement interest rate which had been audited by independent audit or audit State (Schedule 1 attached).

-Report by the settlement of the loan interest assistance (attachment 2).

b) recommended settlement profile for the loan to be granted to compensate the difference in interest rates:-System-wide report on settlement difference of interest rate levels offset by investment credit interest development has been audited by independent audit or audit State (Schedule 3 attached).

-Report by the settlement of interest rate disparity compensation level according to the interest rate development investment credit (Schedule 4 attached).

4.3. The Bank of agriculture and rural development of Vietnam held stars, save documents, detailed reports for each account interest rate support ensures the accuracy, clarity and transparency to facilitate the work of settlement data verification to support the interest rate or the interest rate disparity compensation levels specified in point 4 of this Clause 4.4.

4.4. Verification of data support-settlement interest rate of the loan and the interest rate disparity compensation levels: a) the Ministry of finance to conduct data verification support settlement loan interest rate and the interest rate disparity compensation levels after receiving the full settlement proposal profile support loan interest rate and the interest rate disparity compensation levels.

b) the Ministry of Finance announced in writing to the branch of the Bank of agriculture and rural development of Vietnam was chosen to perform the assessment.

c) Bank of agriculture and rural development, Vietnam has the responsibility to provide detailed records for each loan, are combined according to each branch was chosen to perform the verify payment as follows:-the credit contract, deed or equivalent documents object to determine the loan clients the situation made loans, debt, debt collection.

-Table analysis to determine the amount of loan interest assistance grant and compensate the difference in interest rates.

-Confirmation of the client on the supported loan interest rate and the interest rate disparity compensation levels.

The document mentioned above is a photo stamped copies of the Bank for agriculture and rural development of Vietnam (the number 1) and the person in charge, stating the full name.

d) The assessment of whether the settlement loan interest assistance or compensate the difference in interest rates is done during 90 days from the date of full settlement profile support loan interest rate or interest rate disparity compensation levels of the Vietnam Bank for agriculture and rural development of Vietnam.

4.5. The handling difference settlement and temporary support level of loan interest rate or interest rate disparity compensation levels:-the case of the disparity between the number of report certified by the auditing Agency and the inspection of the financial settlement, the Bank for agriculture and rural development of Vietnam have the responsibility to adjust on bookkeeping to reflect accurate settlement of loan or interest rate support is granted to compensate the difference in interest rates.

-The case of a temporary loan interest assistance grant or compensate the difference in interest rates has been the State budget transfers higher the examine the settlement variances will be the Ministry of finance to revoke State budget submission.

-The handling of the disparity between the number of verified payment and temporary support level of loan interest rate or interest rate disparity compensation level is done in 45 days from the time of the investigation thereon.

-Case of extending processing time difference between settlement data and verify payment support loan interest rate or interest rate disparity compensation level and other special cases by the Minister of finance will review the decision.

5. Handle the recovery of money has supported the loan interest rate or interest rate disparity compensation levels:-in the case of time support, Bank for agriculture and rural development of Vietnam through the test client that detects violations in using customer loan then proceed turning the wrong loans violate the State support into conventional loans and proceed to revoke immediately the amount banks have to advance support for borrowers of capital.

-The case of violations of loan clients are discovered after the settlement of State management agencies, Bank for agriculture and rural development of Vietnam are responsible for recovery of the amount of State support and filed returns the State budget.

Article 5. Report mode 1. As for the reported month/quarter: monthly (at the latest on the 15th of the following month), Bank for agriculture and rural development of Vietnam send a report on the results of interest rate support support policies aimed at reducing post-harvest losses for the agricultural, fisheries for Ministries of finance , State Bank of Vietnam. Quarterly (the latest is September 30 of the next quarter), Bank for agriculture and rural development of Vietnam data support the interest of the whole system and send the Ministry of finance.

2. for reporting year: slowest within 45 days of the end of the financial year, the Bank of agriculture and rural development of Vietnam send report made five for the Ministry of finance are:-the amount of loan interest assistance or interest rate disparity has been granted during the year.

-Amount of loan interest assistance or interest rate disparity arises the fact proposed is both years.

-The record settlement proposal as specified in point 4.2 paragraph 4 Article 4 this circular.

Article 6. Implementation 1. This circular effect since January 7, 2011.

2. During the implementation process if problems arise the proposal reflects on the Finance Ministry to consider and resolve.