THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom - Happiness
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No. 1436/NHNN-CSTT
Ref: providing detailed guidance on several points
related to mechanism of interest rate support
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Hanoi,
March 3, 2009
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To:
Since the beginning of
February 2009, commercial banks have timely deployed and carried out the
provision of loan with interest rate support to organizations and individuals
that borrow capital from banks for production, business in accordance with
provisions in the Decision No. 131/QD-TTg dated 23 January 2009 of Prime
Minister and the Circular No. 02/2009/TT-NHNN dated 3 February 2009 of the
Governor of State Bank of Vietnam. With a view to implementing guidelines of
Prime Minister stated at the Notice No. 52/TB-VPCP dated 18 February 2009 and
according to opinions of several commercial banks and State Bank branches in
provinces, cities under the central Government’s management, the State Bank of
Vietnam hereby would like to provide detailed guidance on several points
related to the organization of implementation of interest rate support
mechanism as follows:
1. For commercial banks
1.1. Drawing certificate of
interest rate support upon writing down loan interests used as interest rate
support to borrowers:
- Certificate of interest rate support
contains the contents under the signed credit contract: number of credit
contract and time of signing; name and address of borrower, lending commercial
bank; account number of borrower; using purpose of loan fund; period of
calculation and collection of loan interests (period of time for calculating
and collecting interests); loan term and term entitled to interest rate
support; loan interest rate; loan outstanding entitled to interest rate
support; amount of interests payable, calculated under the loan interest rate
stated in credit contract; amount of loan interests already used for giving
interest rate support to borrowers (state in number and in word); signature and
seal of borrowers, commercial bank (signature for borrowers being individuals, households).
- Certificate of interest rate
support is used as a document for examining, supervising and making report on
the performance of loan interest rate support in accordance with the Form 03,
04 in the Appendix of the Circular No. 02/2009/TT-NHNN; the certificate of
interest rate support is made into 2 copies, one copy is kept in credit file,
one is sent to borrower.
- To draw certificate of
interest rate support for each time of loan interest collection and write-down
of loan interest entitled to interest rate support or to draw on a monthly
basis in line with the time limit for sending report on interest rate support
to the State Bank of Vietnam.
1.2. To timely reflect all
issues that may arise during the implementation of interest rate support mechanism
to the State Bank of Vietnam (Monetary Policy Department) and State Bank
branches in provinces, cities where lending commercial banks are located for
dealing with related issues under provisions of applicable laws.
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1.4. To reply in writing to
borrowers for case of loan refusal, interest rate support refusal in accordance
with provisions of applicable laws, clearly stating the reason for refusal.
Written refusals shall be kept in credit file and one copy shall be sent to
State Bank branches in provinces, cities under the central Government’s
management for dealing with related issues.
1.5. To direct subsidiary
branches to carry out the examination before, during and after lending for
loans entitled to interest rate support in accordance with provisions in the
Circular No. 02/2009/TT-NHNN and paragraph 5 Article 1 Decision No.
127/2005/QD-NHNN dated 3 February 2005 of the Governor of the State Bank on
amendment, supplement of several articles of the Regulation on lending by
credit institutions to borrowers, issued in conjunction with the Decision No.
1627/2001/QD-NHNN dated 31 December 2001 of Governor of the State Bank.
1.6. To direct subsidiary
branches to intensify internal audit for loans entitled to interest rate
support; in case of detecting any signal of taking advantage of mechanism of
interest rate support to seek profit, please stop lending and interest rate
support, at the same time, to make report to the State Bank branches in
provinces, cities to carry out the examination, supervision and settlement in
accordance with provisions of applicable laws.
1.7. To inform, propagate
mechanism of interest rate support in accordance with provisions of applicable
laws; to avoid propagation, spread that leads to unhealthy competition,
affecting stability of monetary market and banking operation.
1.8. To follow up, on a daily
basis, balance of loans entitled to interest rate support and amount of loan
interests used as interest rate support; to provide State Bank of Vietnam with
data of loans with interest rate support in accordance with the Telegram
attached hereto.
1.9. To deal with cases of
interest rate support in line with provisions in the Decision No. 131/QD-TTg
and Circular No. 02/2009/TT-NHNN as follows:
a. Short term loans in
Vietnamese Dong being subjects entitled to interest rate support in line with
provisions in the Decision No. 131/QD-TTg and paragraph 3, Article 1 of the
Circular No. 02/2009/TT-NHNN.
- Loan provided under the method
of crop intervals by commercial banks to households, individuals in regions
specializing in growing rice and in other regions alternately growing rice and
other short term crop plants and that loan is used for production expense of
crops in the year 2009.
- Loans provided under the
normal lending mechanism by financed, trusted fund source
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- Loans provided under the
normal lending mechanism, belonging to program of interest rate support by
state budget of provincial level in accordance with provisions of People’s
Committee in provinces, cities under the central Government’s management.
- Loans arising in the 1st and
2nd February 2009, prior to the effective date of the Circular No.
02/2009/TT-NHNN; commercial banks should provide guidance to borrowers on
submission of application for loan interest rate support.
- Loans belonging to area of
socialization under provisions in the Decree No. 69/2008/ND-CP dated 30 May
2008, to give interest rate support to only short term loans in VND as current
capital for units which carry out the socialization under the List provided for
in the Decision No. 1466/QD-TTg dated 10 October 2008 of Prime Minister on
detailed list of types, criteria of scale, standards of units which perform
socialization in the area of education, training, vocational training, health
care, culture, sport, environment.
- Loans of which period of debt
repayment is adjusted
- Loans for purchase of goods, production-business
expenses shall be paid under the method of deferred payment if those goods or
products have not yet been sold up.
- Loans of which interest
payment is deferred by borrower, but loan principals have not been classified
as overdue debt.
- Loans for performance of
domestic production-business plan, including performance in export processing
zone and non-tariff areas which are economic areas within the territory of
Vietnam (except for loans for trading in consumer goods in accordance with provisions
in point b, paragraph 1.9 of this official dispatch).
b. Short term loans in
Vietnamese dong not entitled to interest rate support in line with provisions
in the Decision No. 131/QD-TTg and paragraph 4, Article 1 of the Circular No.
02/2009/TT-NHNN.
- Loans for import from oversea
and export processing zone, non-tariff area, doing business domestically and in
export processing zone, non-tariff area for consumer goods under provisions at
point c, paragraph 4 Article 1 of the Circular No. 02/2009/TT-NHNN: Loan for
purchase of foreign currency to make payment for import amount; loan for making
payment of amount entrusted for import; loan for doing business, production
materials and commercial banks determine that these consumer goods are
originated from import; loan for doing business between export processing zone,
non-tariff area and outside zone.
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- Loans for creating, trading in
gold, silver and gems.
- Loans for investors who
construct, by themselves, projects to form fixed assets; loans for investors to
reserve materials, make payment to contractor where, under signed economic
contract, investors are not required to take responsibility for those
construction expenses
- Loans for importing goods,
services under the method of temporary import for re-export
c. Dealing with other cases
- Credits extended in Vietnamese
Dong under methods other than loan provision, such as factoring, finance
leasing, discount of valuable papers, compulsory loan under the mechanism of
guarantee shall not be entitled to interest rate support.
- In case where borrower has a
demand for short term loan in Vietnamese Dong with mortgage or security asset
being valuable paper, savings book and other money based means (hereinafter
referred to as valuable paper), and this loan is entitled to interest rate
support: For valuable papers which were bought or available (arose) prior to 01
February 2009, commercial bank shall give interest rate support to entire loan
outstanding arisen; for those which were bought or available (arose) since 1
February 2009, commercial bank shall request borrower to calculate entire value
of valuable papers as own capital stated in the plan of production, business
and shall only give interest rate support to the loan outstanding which is
equal to the difference between the balance of loan and own capital of borrower
(including value of valuable papers).
- The write-down of loan
interest amount used as interest rate support shall be performed at the same
time with the collection of loan interest of commercial bank. Upon the maturity
of loan interests, if borrower is still not capable of making payment of loan
interest, then the write-down of the loan interest used as interest rate
support shall not be performed.
- Documents to prove the purpose
of using loan funds as subject entitled to interest rate support according to
provisions by commercial bank in the Process of examination, supervision over
loan funds of borrowers under provisions in paragraph 5, Article 1 of the
Decision No. 127/2005/QD-NHNN of the Governor of the State Bank, including:
invoice of goods purchase certified by related parties, export documents, etc.
Where production- business expenses are not required, by provisions of
applicable laws, to be supported by invoice in accordance with provisions of
Ministry of Finance, commercial banks shall carry out on-site examination and
draw minutes of examination, certified by commercial bank and borrower to
specify production-business expenses in correspondence with value of assets
actually created from loan funds.
- Legal documents related to
System of national economic industries are used as basis for setting up
statistic norms of loan by economic industry as stated at the Decision No.
477/2004/QD-NHNN dated 28 April 2004 of the Governor of the State Bank,
including: Decree No. 75/CP dated 27 October 1993 of the Government on the
issuance of system of national economic industries; Decision No. 143/TCTK/PPCD
dated 22 December 1993 of the General Statistic Office on the issuance of
system of economic industries of level II, level III and level IV and list of
system of national economic industries. Commercial banks shall base on
provisions in these documents and Decision No. 477/2004/QD-NHNN to determine
whether loans are entitled to interest rate support or not.
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- If loans provided under the
method of co-financing belong to subjects entitled to interest rate support,
then, co-financing commercial banks shall directly disburse and account balance
of loans already given interest rate support under provisions of applicable
laws.
1.10. For the case of finance
companies and loans which are summarized by mining industry related to the
mechanism of interest rate support, the State Bank of Vietnam shall coordinate
with Ministry of Finance to study and submit Prime Minister for decision. Upon
availability of decision by Prime Minister, State Bank of Vietnam shall provide
guidance to commercial banks and borrowers for implementation.
2. For State Bank branches in
provinces, cities under the central Government’s management:
a. To timely implement duties
assigned at point dd, paragraph 2, Article 4 of the Circular No. 02/2009/TT-NHNN;
b. To take initiative in
receiving and dealing with issues related to mechanism of interest rate support
according to reflection, complaints by commercial banks and borrowers in the
area of province, city.
c. Periodically to send report
to State Bank of Vietnam (Monetary Policy Department) on the 10th of every
month at the latest, about the performance of interest rate support mechanism
in the area of province, city in the previous month, including: Form
03-Appendix of the Circular No. 02/2009/TT-NHNN; performance of interest rate
support mechanism and recommendation for solutions of arisen issues.
3. This Official Dispatch shall
be effective from the date of signing. For loans which are entitled to interest
rate support, but not in line with provisions in point b and c, paragraph 1.9
mentioned above, commercial banks and borrowers shall adjust credit contracts
since the effective date of this document.
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NAME OF COMMERCIAL BANK:........
REPORT
ON DATA OF LOANS ENTITLED TO INTEREST RATE SUPPORT OF COMMERCIAL BANK
(Till the date....../......./.....)
Unit:
billion dong
Norm
Amount
accumulated to Friday of the preceding week
Amount
accumulated till the Friday of reporting period
1. Balance of loans entitled
to interest rate support
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2. Loan interests already used
to give interest rate support to borrowers
DRAWER
..........,
date..........
GENERAL MANAGER
Instructions for drawing
table
- Deadline for sending report:
at 15h of Friday on a weekly basis
- Reporting recipient: Monetary
Policy Department (Email: [email protected], fax: 04 38246953- 38240132, telephone
number: 04 38246955)
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