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Circular 02/2009/tt-Nhnn: Detailing The Execution Of Interest Rate Support For Organizations And Individuals To Produce Bank Loans-Business

Original Language Title: Thông tư 02/2009/TT-NHNN: Quy định chi tiết thi hành việc hỗ trợ lãi suất cho các tổ chức và cá nhân vay vốn ngân hàng để sản xuất - kinh doanh

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Pursuant resolution No. 30/2008/NQ-CP on December 11, 2008 by the Government about the urgent solution to prevent economic recession, maintain economic growth, ensuring social security;

Pursuant to decision No. 131/QD-TTg dated 23 January 2009 of the prime interest rate support for the Organization, personal bank loans to business-production;

The State Bank of Vietnam stipulates detailed supporting interest for organizations, personal bank loans to business-production (hereinafter referred to as the interest rate support) as follows: article 1. The object and scope of the provisions on interest support 1. Credit institutions for loans for individual organization according to the provisions of the law made the interest rate support, including: State commercial bank, joint stock commercial bank, joint-venture banks, branches of foreign banks operating in Vietnam, 100% foreign-owned banks and the Central People's Credit Fund (hereinafter referred to as the commercial banks).

2. organizations and individuals who supported Bank loan interest rates as borrowers to make the production approach, business in the country as defined in article 1 decision No 127/2005/QĐ-NHNN dated Jan. 3, 2005 by Governor of the State Bank of the amendments and supplements to some articles of the regulation of credit institutions to the customer boards under decision No. 1627/2001/QĐ-NHNN dated Jan. 31, 2001.

3. Types of loans supported is the interest rate of short-term loans (loan term up to 12 months) in Vietnam under the credit contract is signed and disbursed in the period from October 8 to December 31, 2009, include: a) the loans that the borrower used to make working capital for business operations are statistics by economic regulation subdivision in statistical reporting regime applicable to the units of the State Bank of Vietnam and the credit organizations issued decision No. 477/2004/QĐ-NHNN dated Jan. 28, 2004 by Governor of the State Bank.

b) of loans that borrowers use to make working capital for production activities-business: build houses for low-income people in accordance with the current legislation; the areas of socialization as stipulated in Decree No. 69/2008/ND-CP on May 30, 2008 by the Government on the policy of encouraging socializing with respect to activities in the field of education, vocational training, health, culture, sports, the environment.

4. The loans are in the field, industry statistics according to the appendix to decision No. 131/QD-TTg dated not subject to support interest, include: a) The medium-term loans and long term in Vietnam; short-term loans, medium-term and long-term in foreign currency. 

b) short-term loans in Vietnam are statistics by economic sectors in annex 7 decision No 477/2004/QĐ-NHNN:-the mining industry;

-Financial operations, banking and insurance, including loans to direct and indirect investment abroad, foreign debt, the repayment of other credit institutions, to repay the debt in commercial banks where loan;

-Activities related to property and business advisory services;

-Governance and security defense; The Communist Party, unions; compulsory social assurance;

-Education and training;

-Health and social relief activities;

-Cultural and sports activities including business, recreation and fun;

-Personal service activities and community (including loans to meet capital needs of service life, lending through professional publishing and use credit cards);

-Service activity in households;

-The activities of the Organization and international unions.

c) short-term loans in Vietnam to buy foreign currencies for payment of imports of consumer goods were prescribed by the State Bank of Vietnam in document No. 13684/NHNN-CSTT on December 26, 2007 on the interim report in writing. Consumer goods include: gems and precious metals; Automotive resources the types from 12 seats; consumer types as defined in decision No 7/2007/QD-BTM dated 28 February 2007 by the Minister of trade of issuing consumer catalog to serve for the determination of the time limit for submission of import tax, decision No. 10/2008/QD-BCT on May 16, 2008 by the Minister of industry and trade of the additional consumer categories to serve the specified tax imported deadlines and decision No. 27/2008/QD-BCT on August 11, 2008 by the Minister of industry and trade of issuing consumer catalog to serve for the determination of the time limit for submission of import tax.

d) loans to securities trading and investment rules in decision No. 03/2008/QĐ-NHNN dated Jan. 1, 02, 2008 by the Governor of the State Bank on the loan, discounting of valuable papers to the investment and trading securities.

VND) loans to buy, sell land use rights are in accordance with the State Bank of Vietnam in the text number 5659/NHNN-CSTT on June 25, 2008 about reporting some credit criteria.

Article 2. Principle, term, interest rate and the interest rate support method 1. Interest rate support is the principle of the commercial bank for working capital needs loans to manufacturing operations-business under normal credit mechanisms and implementation to support the interest rate as prescribed by the Prime Minister and this circular; not refuse to support the interest rate if the loan is subject to interest rate support; periodically report the State Bank of Vietnam to check the support situation monitoring, interest rates.

2. The term of the loan was to support the maximum interest rate is 12 months from the date of disbursement, apply in 2009 for loans under the credit contract is signed and disbursed in the period from January 2 to 31 December 2009; the loans have loan term beyond 2009, the only supported the interest rate for the loan period of 2009; the overdue loan repayments, loan debt shall not be renewed calculated interest rate support for the overdue repayment period and extend the loan debt.

3. The interest rate support for the borrower is 4% per year, calculated on the outstanding balance of the loan and the loan term the fact lies in the period from January 2 to 31 December 2009.

4. The method of interest rate support is to collect the loan interest rate futures, the commercial banks reduced the interest rate of the loan immediately deducted pay interest equal to the number of clients supported loan interest rates. The State Bank of Vietnam to transfer of loan interest rates have supported the interest rates on the basis of the report the amount of interest rate support commercial banks.

Article 3. Process and the responsibility of the borrower, the commercial bank interest rate support 1. For borrowers have loans subject to interest a) support when it arises first loans in commercial bank loans during the period from 1 February to 31 December 2009, borrowers send paper proposals to support the interest rate for commercial banks that form 1 in Appendix to this circular.

b) using the correct loan purpose subject to the interest rate support is already recorded in the credit contract. If using the incorrect loan purposes by audience interest rate support, then the interest rate is not supported and must be repaid to the Bank loan interest trade supported before and dealt with according to the provisions of the law.

c) require commercial bank loan where the interest rate support in accordance with the provisions of the Prime and the direction of the State Bank of Vietnam.

d) accounting expenses paid interest on the loan as interest is charged to commercial banks after interest rate support in accordance with the current legislation.

2. for commercial banks a) do support the interest rate as prescribed by the Prime Minister and this circular; ensure public, apparently the amount with interest support loan clients; reject support requests interest not properly regulated by law. Based on the purpose of use of loans subject to interest rate support for the record in the credit contract the content of interest rate support in accordance with the law.

b) Chairman of the Board and ceo (Director) commercial bank is responsible before the law for cases of interest rate support is not properly regulated by law; If violated, then dealt with according to the provisions of the law and the commercial bank were reviewed in the annual ratings, additional capital increasing, open network licensing activities of commercial banks.

c) applied to the mechanism and the normal lending rate for loans needs to support the interest rate consistent with the provisions of regulation of credit institutions to customers attached to decision No 1627/2001/QĐ-NHNN dated Jan. 31 December 2001 of the Governor of the State Bank and other legal documents relevant :-perform checks 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 credit contract violation of borrowers.

-Handle the needs of borrowers loans as prescribed in paragraph 3 article 15 regulation of credit institutions for clients issued decision No. 1627/2001/QĐ-NHNN and writing guide number 10307/NHNN-CSTT on November 21, 2008 by the State Bank of Vietnam regarding the report on the situation of the bank credit relationship.


d) do support the interest rates for short-term loans in Vietnam under the credit contract is signed and disbursed in the period from January 2 to 31 December 2009. As for the credit contract is concluded before 1 January 2009 in which the agreement to disburse multiple times through the escrow, the paper received the debt each time, then the loans be disbursed according to the contract, the paper received the debt incurred in the period from January 2 to 31, 2009 interest assistance.

DD) To collect the loan interest rate of term customer, commercial banks reduced the interest rates of the performing loans money to pay interest equal to the number of clients supported interest loan under the provisions of the law. The case to end on December 31, 2009 have yet to collect the loan interest rate futures, commercial banks must calculate the amount of interest the customer must pay the loan and make the interest deductible loan with the interest rate of the loan interest assistance. When the loan interest deductible for the client according to the regulations, the establishment of commercial bank interest rate support certificate confirmed by the customer and commercial bank loans (signature, stamp) to do the test certificate from the base, supervising.

e) performs the calculation and collection of the loan interest rate of customers subject to support by the method of interest calculation interest rate specified in decision No. 662/2001/QĐ-NHNN dated Jan. 17 May 2001 of the Governor of the State Bank on the regulation method for calculating and accounting currency, charged the interest rate of the State Bank of Vietnam credit institutions, and other legal texts are relevant:-full accounting of interest income on loan basis principles and regulations of the area forcing the mode of finance; the interest rate of the loan interest assistance by the State Bank of Vietnam moved to a private account in accounting (account "receivables"-clause: To collect the State Bank of Vietnam about supporting interest in 2009).

-Have lists (or databases) to track details the loan interest assistance (borrowers, loan amount, term and interest rate for the loan amount, interest rate support, ...) to send to the borrower, for tracking, statistics and internal audit, the State Bank of Vietnam report and check , the supervision of the competent State bodies.

g) Send plan registration certificate and report the amount of interest rate support for the State Bank of Vietnam according to the model in annex to this circular:-support plan registration interest rates quarterly, sent at the latest on the first day of the quarter is; Paper subscription support plan, interest rate 2 and 3 2009 posted the slowest is October 2, 2009.

A report on the implementation of the monthly interest rate support, submitted on 10 April's latest design, with instant reports, ensuring accurate and timely.

h) tracking, timely, accurate statistics, the loans are interest rate support for the internal audit, report to the State Bank of Vietnam and the checking, monitoring of the competent State agencies; Open the account or apply appropriate management systems to statistics, private accounting the loan interest assistance.

I) retention of records the loan interest assistance under the provisions of article 55 of the law of credit institutions and to the instructions of the State Bank of Vietnam.

Article 4. The responsibility of the State Bank of Vietnam 1. Every month, the maximum transfer 80% of the interest rate of the loan was to support the interest rate as reported by the commercial banks. The transfer of loan interest rates have supported the remaining interest in 2009 was made after receiving the report about the Bank's interest rates support the trade.

2. Hosted, in cooperation with the Ministry of finance and other relevant departments to conduct the inspection, monitoring the implementation of the provisions of the law on interest rate support in case of need.

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 problems of interest rate support mechanisms; get the paper register interest support plan and the report on the situation in support of commercial bank's interest rates; announced the transfer of the money to support the interest rate for commercial banks; guide the settlement amount interest rate support; build reports the Prime Minister.

b) financial-accounting Service: handling the accounting problems related to the mechanism of interest rate support (the original documentation to amount, transfer accounting interest rate support ...).

c) transaction: performing accounting, transfer the money to support the interest rate for commercial banks.

d) Inspector, monitoring agencies of the Bank (Bank inspectors): performs the inspection, monitoring and processing for the commercial bank and the borrower has violated the provisions of the law on support of the interest.

DD) 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 and Chairman of the provincial people's Committee the central cities, handling the problems arising.

Article 5. Implementation 1. This circular has effect from the day of signing.

2. The task force established to implement decision No. 131/QD-TTg, members include representatives of the State Bank, the Finance Ministry, headed by a Deputy Governor of the State Bank Chief nesting.

3. 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 Chief Executive Officer (Managing Director) of commercial banks, the borrower is responsible for the implementation of this circular.