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Circular 14/2009/tt-Nhnn: Detailing The Implementation Of The Support For The Interest On Loans Of The Poor And The Other At Policy Objects Social Policy Bank

Original Language Title: Thông tư 14/2009/TT-NHNN: Quy định chi tiết thi hành việc hỗ trợ lãi suất đối với các khoản vay của người nghèo và các đối tượng chính sách khác tại Ngân hàng Chính sách xã hội

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The CIRCULAR stipulates detailed supporting the interest for the loans of the poor and the other at policy objects social policy Bank _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base resolution No. 30/2008/NQ-CP on December 11, 2008 by the Government about the urgent solution to prevent slowdown , maintain economic growth, ensuring social security;
Pursuant to decision No. 579/QĐ-TTg dated May 6, 2009 by the Prime Minister to support the interest rate for the loan at the Bank of social policy;
Pursuant to decision No. 622/QD-TTg on October 17, 2009 by the Prime Minister about the amendments and supplements of decision No. 579/QĐ-TTg dated May 6, 2009 by the Prime Minister to support the interest rate for the loan at the Bank of social policy;
The State Bank of Vietnam stipulates detailed supporting the interest for the loans of the poor and the other at policy objects social policy Bank (hereinafter referred to as the interest rate support) as follows: article 1. The object and scope of the provisions on interest support 1. The entire customer loans at the Bank of social policy under the current lending mechanism is to support the interest rate prescribed by the Prime Minister and this circular.
2. Types of loans interest assistance is short-term loans, medium-term and long-term borrower at the Bank of social policy are disbursed during the period from January 2009 until 31 December 2009.
Article 2. The term, the interest rate and the interest rate support method 1. The term loan is the interest rate support a maximum of 24 months applies for each loan in the term, calculated from the date of disbursement until 31 December 2011. Not calculated interest rate support for the loan period expired, extend debt repayment and about actual loan period exceeding 24 months.
2. The interest rate support for the borrowers: a) for those loans have interest rates for loans are made larger than 4% per year: the interest rate support for the borrower is 4% per year, calculated on the outstanding balance of the loan and the loan term.
b) for those loans have interest rates for loans are made smaller than or equal to 4% per annum: interest rate support is the whole loan interest rates charged on the outstanding balance of the loan and the loan term reality (loan interest rate is 0% per year).
3. The method of interest rate support: When the loan interest income, social policy Bank loan interest deductible assistance for borrowers. For loans in grace (credit programs for students, students ...), the social policy Bank made steady interest rates correspond to the level and duration of support the interest rate prescribed in clause 1 and 2 of this Article at the time of collecting interest.
Article 3. Process and the responsibility of the borrower, the Bank of social policy 1. For borrowers have loans that are interest rate support: a) using the correct loan purpose subject to the interest rate support was noted in the paper suggest cum loans scheme of production and escrow receipt of debt (or equivalent value text). If used improperly, purpose of loan, the interest rate is not supported, must repay to the Bank the social policy of the loan interest rate is supported before and dealt with according to the provisions of the law.
b) implementation of the provisions of the social policy Bank loan procedures and support interest.
c) for the borrower's business, cooperatives, accounting payment of loan interest rate according to the amount of interest payable to the Bank of social policy, once supported the interest under the provisions of the law.
d) required social policy Bank loan where the interest rate support in accordance with the provisions of the Prime Minister and this circular.
2. With regard to the social policy Bank: a) specific instructions for the borrowers interest rate support procedures prescribed by law.
b) made support the interest rate for the borrower in accordance with the provisions of the Prime Minister and this circular; not to be denied, if the interest support loan to loan and interest rate support; periodically report the State Bank of Vietnam and the Ministry of finance to examine the support situation monitoring, interest rates.
c) refused the request to support the interest of the borrower not correct provisions of the law. Dealt with under the provisions of the law for cases of incorrect interest rates support the provisions of the law.
d) When collecting loan interest rates, the Bank of social policy implementation of the reduction of loan interest rate of pay minus of borrowers interest rate equal to the number of supported interest loan under the provisions of the law. The case came on December 31, 2011, for the medium-and long-term loans have yet to collect interest on the loan term, the social policy Bank to calculate the interest rate of the loan is charged of borrowers and make the interest deductible loan with the interest rate of the loan interest assistance. The calculated interest income accounting, the loan interest assistance under the provisions of the law.
DD) certificate support-setting interest rates of borrowers and the social policy Bank (name, stamp) to testify from inspection, monitoring:-interest rate support certification was established 2 a, 1 a credit document, 01 sent to borrowers.
-Certificate support the interest rate Of the loan proposal Paper: cum production approach and escrow receipt of debt (or equivalent value text) and the time of signing; the name and address of the borrower, the social policy Bank loans; account number of borrowers; the purpose of using the loan; the term computer currency lending interest rates (interest revenue calculation period); the loan term and the interest rate assistance time limit; the interest rate for the loan; outstanding loans are interest rate support; of the loan interest rate is charged by the interest rate in the loan proposal Paper cum production approach and escrow receipt of debt (or equivalent value text); the interest rate of the loan was to support the interest rate for borrowers (numerical and text); signature and stamp of the borrower, the Bank of social policy (sign for borrowers as personal, household).
-Social policy bank regulation time, periodically setting the interest rate support certifications match each type of client loans under the program to ensure the proper interest rates support the provisions of the law.
e) conduct the test before, during and after the loan to ensure the support of interest as prescribed by law. If the borrower uses the loan does not properly support object in purposes of interest, then, to recover the loan interest rate is the interest rate support; the case is not recovered, the reports state bodies competent to handle or sue the violation committed loans of borrowers.
g) Send plan registration certificate and report the amount of interest rate support for the State Bank of Vietnam and the Ministry of Finance according to the model in annex to this circular:-support plan registration quarterly interest form 1 annex to this circular and sent at the latest on 15 February of the precious head is; Paper subscription support plan back to the third quarter 2009 productivity posted the slowest was on July 25, 2009.
A report on the implementation of support quarterly interest rate according to the model 2 and 3 Appendix to this circular and sent at the latest on 15 February of the first quarter is adjacent to quarterly reports, ensuring accurate and timely. Report the implementation of interest rate support may and June 2009 posted the slowest was on July 30, 2009.
h) tracking, timely, accurate statistics, the loans are interest rate support for the internal audit, report to the State Bank of Vietnam, the Ministry of finance and auditing, supervision of competent State agencies; Open the account or apply the appropriate management system to monitor private accounting the loan interest assistance, the amount of interest the loan interest assistance by the Ministry of finance.
I) retention of records the loan interest assistance under the provisions of the law.
Article 4. The responsibility of the State Bank of Vietnam 1. Quarterly, on the basis of the report of the social policy Bank on the implementation support loan interest (form number 2 and 3), the State Bank of Vietnam from funding the interest transferred to the Finance Ministry. The Ministry of Finance issued this amount for social policy bank interest rate support in accordance with the law.
2. In coordination with the Ministry of finance and other relevant departments to conduct the inspection, monitoring the implementation of interest rate support is consistent with the provisions of the current law on the operations of the Bank of social policy and the mechanism of interest rate support.
3. Responsibilities of the units of the State Bank of Vietnam State Bank Governor helps make the content relating to implementation support mechanism of interest rates: a) monetary policy: coordination with other units of the State Bank of Vietnam to handle the issue of interest rate support mechanisms; get the paper register interest support plan and the report on the situation to support the Bank's interest in social policy; announced the transfer of the money interest rate support for the Ministry of finance.
b) transaction: performing accounting, transfer the amount of the interest rate support for the Ministry of finance.
c) inspection bodies, banking supervision: implementation of monitoring, testing, inspection and process according to the competence or recommend competent handling when social policy Bank, borrowers have breached the provisions of the law on support of the interest.
d) State Bank branch, central cities: perform the inspection, supervision and inspection by competent implementation of provisions of the law on the support and interest report, propose to the Governor of the State Bank of Vietnam and Chairman of the provincial people's Committee the central cities, handling the problems arising.
Article 5. Implementation 1. This circular effect since 6 May 2009.

2. Office, Director of monetary policy and the heads of the units of the State Bank, Director of the State Bank branch in the province, central cities, Chairman of the Board and General Director of the social policy Bank, customer loans at the Bank of social policy is responsible for the implementation of this circular.