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Circular 76/2001/tt-Btc: A Guide To Some Of The Points Of The Regulation Of Credit To Support The Export Of Attached To Decision No 133/2001/qd-Ttg Dated 10 September 2001 Of The Prime Minister

Original Language Title: Thông tư 76/2001/TT-BTC: Hướng dẫn một số điểm của Quy chế tín dụng hỗ trợ xuất khẩu ban hành kèm theo Quyết định số 133/2001/QĐ-TTg ngày 10 tháng 9 năm 2001 của Thủ tướng Chính phủ

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CIRCULAR Guide and a score of regulation of export support credit attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister on the regulation of export assistance credit The Finance Ministry, specific instructions a score as follows: I-GENERAL PROVISIONS l. In this circular, the following words are interpreted as follows: a) the unit is the object prescribed in article 3 of regulation of export support credit attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister.
b) the tender guarantee export is committed to ensuring obligations bids of exporters (the guarantee) for the invitation thầụ (guarantee) written by tnển playback support Funds released.
c) guarantee proper implementation of export compliance is committed to writing by the development support Funds released to the importer (guarantee) is committed to ensuring the implementation of the obligation of the exporter (the party is guaranteed) with the importer.
d) reciprocal guarantee is a form of guarantee by the development assistance Fund release for a credit institution regarding credit organization proposal made bail for obligations of the unit subject to the tender guarantee or guarantee made contracts of development support Fund. The case arises the obligation to guarantee that credit institutions must make the development assistance Fund to implement the obligation of guarantee for credit institutions.
e) contract of guarantee is a written agreement between the Parties with the development assistance Fund is the guarantee of the rights and obligations of the parties in the guarantee and reimbursement.
f) credit institutions are credit institutions established and functioning according to the provisions of the law on credit institutions.
2. Development Assistance Fund are medium and long term financing; are State budget capital levels, which support the interest rate after the investment, the interest rate disparity compensation according to the plan of the State, to perform the task export assistance credit.
II-for the MEDIUM and LONG TERM INVESTMENT LOANS l. lending objects made according to the provisions of article 7, regulation of credit to support the export of attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister.
Vietnam business case lends foreign venture capital contribution to the production, processing, export processing to ensure the two following requirements:-the venture project must be competent authorities granted the investment license under the provisions of the law.
-Methods of consumption of products of joint ventures reached export turnover of at least equal to 80% of annual sales.
2. Loan.
Comply with the provisions of article 8, regulation of credit to support the export of attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the General Government.
Cases of loan venture capital contribution, loan a maximum of 90% of the shares of enterprises in Vietnam investment licenses.
3. Collateral loan made under the provisions of article 12, regulation of credit to support the export of attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister.
Venture capital contribution loans case, the unit must have collateral or pledge the minimum value equal to 30% of the loan.
III-Support FOLLOWING INTEREST RATE INVESTING 1. The object was to support the interest rate after the investment made under the provisions of article 13, regulation of credit to support the export of attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister.
2. Principles for determining support following interest rates investment-interest support level after the investment for the projects is determined on the basis of the difference between the interest rate on loans of credit organizations with interest in credit investment in development of the State according to the following principles: + apply to both the loan project by project and local currency loans in foreign currency of credit institutions.
+ The difference in the interest rate to calculate the interest rate support level after maximum investment by 50% investment credit interest rates the State's development.
-Supports the following investment interest is granted to the owner after the project (works, projects, project) completed investment put into use and the owner has to repay the loan (original, interest) for credit institutions.
-Overdue debts, payable during the renewal of the debt, the interest rate is not supported after the investment. The loan is paid before maturity, interest support level after the investment is calculated according to the duration of the loan account which really.
-The projects delineated time debt debt circle don't count on real term loans to support following interest rate and term investment support the maximum loan duration stated in the credit contract.
3. Determine the level of support LSĐT-support level following investment interest is determined according to the thức.sau: the support level of interest after investing in real-term debt-root = pay x loan interest rate at the time of loan-credit interest TCTT ĐTPT at the same time as the loan term loan of real x number of original debt assistance LSSĐT (annual conversion)



-Real-term loans to support following interest rate investments is the time period from the date of receiving the arrears to date the original debt in term are payable to credit institutions and identified on the following principles: + real time limit identification to support the interest rate after the investment was based on the time of receiving the loan recorded on the deed and the time recorded on the original repayment certificate from the repayment of the credit organization units.
+ Take the time of repayment of the original debt first period in comparison to the time of the first loan disbursement to calculate real loan term of the original debt charged and on that basis compute backward to determine the number of real-term loan of original debt to pay the next time.
-For project loans in foreign currency, the determination of the level of support following interest rate for the investment project đự loans in foreign currency is made according to the resources. On that basis, based on the average transaction rates USD/USD on the inter-bank foreign currency market or exchange rate calculated for the cross-currency/USD due to the State Bank of Vietnam announced at time of funding support, to determine the level of support following interest rate investing in Vietnam for the project.
IV-INVESTMENT CREDIT GUARANTEE l. objects are the guarantee of investment loans made under the provisions of article 16, regulation of credit to support the export of attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister.
2. financial processing when the owner does not pay the debt when the unit fails to pay the loan debt in accordance with the contract signed, clashes credit credit institutions for loans in collaboration with the development assistance Fund and the agencies apply the measures prescribed by law to urge withdrawal of debt from the loan unit or allow the unit to be relaxation of the debt according to the provisions of the credit institutions.
After you have applied measures to recover the debt, loan unit, still no sources to debt, handling is as follows:-on the last day of each quarter, the lending credit institution, which notice in writing to the development assistance Funds of overdue loans incurred in the quarter.
-Check the development assistance Fund, within a period of 15 days to transfer payable to credit institutions amount to 50% of the number of past due loans incurred in that quarter. The total amount of development assistance Fund to pay for credit institutions instead of the units by 50% of the total number of overdue debts of the project incurred but must not exceed 50% of the guarantee level agreed in the contract of guarantee between the development assistance Fund and units.
The case of the broadcasting Fund supports only tnển guarantees a loan portion of the project, the amount of development assistance Fund to pay for credit institutions instead of well defined unit corresponding to the capital is guaranteed in the total investment of the project according to the above principle.
-Loan unit to receive the debt required to fund the development of the amount of development assistance Fund to repay the penalty interest rates change by 130% interest loans of credit organizations are touched.
-When the source of repayment, the unit charged simultaneously for credit institutions and fund development support under peer ratio (50:50).
-The property investment formed by management of credit institutions. The case must handle the following investment thàhh image assets to pay overdue debt, asset processor resources are also charged for credit institutions and fund development support under peer ratio (50:50). .
V. SHORT TERM LOAN 1. The object of lending – implemented as defined in clause 2 l, accounts, article 21, regulation of credit to support the export of attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Minister the Prime trade regulations annually or in each period.
-The unit has manufacturing and processing projects, export processing prescribed in clause 1 article 6 regulation of export support credit attached to decision No 133/2001/QD-TTg dated September 2001 General Government was development assistance Fund for credit loans State-investment development , within the time limit, if the loan unit signed a contract to export the project, the doors in the first year of the export contract, the unit is short term credit loans to support exports from the development assistance Fund.
2. Guidelines for loans-short term loans to support exports made under each of the contracts of the unit has signed with importers.
-Each time an export contract, just apply a form of short term loans (or loan before delivery or loan after the booth).
3. Loan-lenders before delivery: after signing the contract, the unit khẩsu xụất loans to buy raw materials and other production factors to implement export contracts. Maximum loan rates by 70% of the value of the export contract. The case of the importing party have open L/C, the maximum loan by 80% of the value of L/C.
-Lenders after delivery is done when units are valid l/c or the document rows. Loan must not exceed 90% of the value of valid l/c or 90% of the value of the document from the row.
-For export by the quota, the maximum lending rate by value of goods left in the quota as of the time of the loan.
4. Secured Loan

-Lenders before delivery: loan units must have the property pledge, minimum value mortgage by 30% of the loan.
-Lenders after delivery: the units used loans l/c or the document export goods to justify the loans.
5. Repayment of principal and interest loan-repayment of the original debt repaid original: once or many times matching the number of times the payment is stipulated in the contracts.
-Interest rate: interest rate loan to pay the loan to be paid monthly.
VI-The TENDER GUARANTEE, GUARANTEE The IMPLEMENTATION Of The CONTRACT 1. Objects are the guarantee For the amount of the tender guarantee and guarantee the implementation of the contract include:-the object prescribed in paragraph l, paragraph 2, article 16, regulation of credit to support the export of attached rule no. 133/2001/QD-TTg dated 10 September 2001 tướngChính's Government due to the Department of Commerce Its general mandate the Government annually or in each period.
-The unit has the project produced, processed, manufactured exports have been the Foundation for the development of investment credit loan development of project, within the time limit loans, if there needs to be development assistance Fund the bail bid or contract execution guarantee within the l year.
2. the guarantee period The guarantee period defined bids and guarantee implementation of the contract is based on the term of service of the unit at the request of the bidder, the importer of record in the tender or contracts.
3. The currency used in the guarantee-the currency used within the tender guarantee is determined by the unit's obligation to implement the provisions in the tender or in the export contract.
-The currency used within the guarantee contract implementation is determined by the unit's obligation to make regulations in the export contract.
4. The level of guarantee-for the tender guarantee: the guarantee Level for a maximum of 3% of the bid. The school at the time of signing the contract of guarantee has not yet identified the tender price, the level of guarantee to comply obligations of units specified in the tender bid.
-To guarantee implementation of the contract: the level of guarantee a maximum of 10% of the contract value.
-The total extent of the guarantee, the guarantee made contracts and credit guarantee fund's investments support the development may not exceed the total credit capital investment and development of the project in that year.
5. the guarantee Fee-The unit is developing support Guarantee Fund bids and guarantee implementation of the contract is not paid.
-The case of reciprocal guarantees, fee released letters of guarantee support fund tnển charged under provisions of the credit institutions perform. Development support fund accounting fees on the cost of business operations.
6. Service guarantee-the case of the unit does not perform properly the tender regulations or the obligations in contracts, fund development support service in Hurricane territory according to the commitments in the letter of guarantee.
-The case of reciprocal guarantees, when the obligation incurred guarantee, credit institutions make paying for party leader storm according to the commitments in the letter of guarantee. Development Support Fund make refunds for credit institutions in Vietnam (Exchange rates sell out for money guarantee by the Bank for foreign trade of Vietnam at the time of refund).
7. get a forced debt-Fund case development support service in guarantee, the unit must receive mandatory debt with development support Fund, the Vietnam conversion by gịá sold the currency of guarantee of the Bank for foreign trade of Vietnam at the time of the Foundation of development.
-The case of reciprocal guarantees, when the guarantee obligation arose, the unit must receive mandatory debt with the Foundation be developed according to the amount of development assistance Funds make refunds for credit institutions in Vietnam.
-Interest rates get mandatory debt by 150% interest loans short term export assistance credit.
VII-To The SECURED PROPERTY And DEBT HANDLING RISKS 1. Collateral loan debt (mortgage, pledge) and sequential procedures for mortgage, pledge collateral loan made under current rules.
2. risk handling is done according to the provisions in the regulation of export support credit attached to decision No 133/2001/QD-TTg dated 10 September 2001 tuớngChính's Government and guidance of the Ministry of finance.
VIII-LEVEL OFFSET The INTEREST RATE DISPARITY compensation level difference of interest for development assistance fund to carry out the task export support credit under the provisions of the Ministry of Finance issued instructions about clearing a margin loan interest rates investment credit of the State.
IX-ACCOUNTING And REPORTING 1. Accounting Development Fund made accounting for the credit operations of export support according to the following principles:-capital source implementation supporting credit activities are common in the tracking and accounting of resources to fund activities in support of development.
-Activities in support of export credit (capital) of development assistance Funds are accounted for and tracked separately in the direction of stretching of the Ministry of finance.
2. the report mode

-Slow periodically for on April 10 and April 15, the beginning of each quarter, the Foundation developed and submitted the situation report made export support credit to the Ministry of finance, the Ministry of planning and investment. In addition to statistical data as specified in the report, the Foundation developed the need to analyze, evaluate and propose the implementation of recommendations in support of export credit.
-In addition to the periodic report, where necessary. Tnển playback support fund make unscheduled reports or thematic as proposed by the Finance Ministry.
-The form stats report implementation of export support credits include: + short-term loan report supports the export of (month, year), model No. B01-TDXK.
+ Reporting medium and long term loans to support exports of (month, year) model No. TDXK-B02.
+ HTLSSĐT-level reports export assistance credit, model No. B03-TDXK + credit guarantee reports export support, model No. B04-TDXK.
X-IMPLEMENTATION 1. Responsible for a Development Fund) credit plan of export support report the Ministry of planning and investment, Ministry of finance the following:-the total level of credit capital export support in the forms of support;
-Financing plan and mobilized solutions to perform tasks in support of export credit.
-Level compensation plan, the difference in interest rates, the interest rate support after the investment.
b) the Organization and implementation of activities in support of export credit in accordance with the provisions of the regulation of housing export support credit attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the Prime Chmh Government and the provisions of this circular.
c) guidelines, procedures, business processes of medium-and long-term loans; supports the following investment interest, short-term loan, credit guarantee to support exports.
d) made the regime prescribed reporting information.
2. the responsibility of the Ministry of finance-guide and monitor development assistance fund to implement activities in support of export credit. .
Perform periodic inspections and irregular operation of export support credit development assistance Fund.
In coordination with the ministries concerned to resolve under the authority or the prime consideration of the proposed resolution, the recommendations on the operations of export assistance credit.
XI-ENFORCEMENT TERMS. This circular is effective from October 26, 2001.
2. The project subject to the following rates of investment support prescribed in regulations of the export support credit attached to decision No 133/2001/QD-TTg dated 10 September 2001 of the prime contracts the interest rate support with development support Fund before January 26, 2001 (specified in circular No. 5 l/2001/TT-BTC on 28 may 6 2001) was made under the provisions of this circular.
In the process if there are obstacles, the proposal reflects on the Finance Ministry to study the resolution.