THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
193/2001/QD-TTg
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Hanoi,
December 20, 2001
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DECISION
ISSUING THE REGULATION ON THE SETTING UP, ORGANIZATION AND
OPERATION OF CREDIT GUARANTEE FUNDS FOR SMALL- AND MEDIUM-SIZED ENTERPRISES
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Government’s Decree No.90/2001/ND-CP of November 23, 2001 on
support for development of small- and medium-sized enterprises;
At the proposal of the Finance Minister,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on the setting up, organization and
operation of credit guarantee funds for small- and medium-sized enterprises.
Article 2.- The Finance
Minister shall have to guide the implementation of this Decision.
Article 3.- This
Decision takes effect 15 days after its signing.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung
REGULATION
ON THE SETTING UP, ORGANIZATION AND OPERATION OF CREDIT
GUARANTEE FUNDS FOR SMALL- AND MEDIUM-SIZED ENTERPRISES
(Issued together with the Prime Minister’s Decision No.193/2001/QD-TTg of
December 20, 2001)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation prescribes the setting up, organization and operation of credit
guarantee funds (CGFs) for small- and medium-sized enterprises (SMEs) in the
provinces and centrally-run cities (hereafter referred to as CGFs for short).
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Article 2.- Each CGF
is a financial institution operating for non-profit purposes, ensuring the
recovery of capital and self-payment of expenses. It has legal person status,
charter capital, balance sheet and its own seal and may open accounts at the
State Treasury and domestic commercial banks.
CGFs shall be exempt from tax payment and State
budget remittances for their activities of granting credit guarantee to SMEs.
Article 3.- A CGF’s
operation capital shall be created from the following sources:
1. Charter capital, including:
a/ Capital allocated from the budget of a
province or centrally-run city, which must not exceed 30% of the minimum
charter capital prescribed in Article 4 of this Regulation;
b/ Capital contributed by credit institutions;
c/ Capital contributed by enterprises;
d/ Capital contributed by production and/or
business associations, organizations representing and supporting SMEs.
2. Lawful aid capital (including ODA capital)
provided by organizations and individuals inside and outside the country for the
purpose of developing SMEs, cooperatives as well as agricultural, forestry and
fishery development programs.
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Chapter II
SETTING UP OF CGFS
Article 4.- Setting-up
conditions
1. Having enough charter capital of at least VND
30 billion.
2. Having a list of the expected Management
Council, Control Board and Executive Board members with full civil act capacity
and professional qualifications suitable to operation requirements of the CGF.
3. Having a draft charter and plan on
organization and operation of the CGF, which accord with the provisions of this
Regulation and other law provisions.
Article 5.- Order of
setting up CGFs
1. Provinces and centrally-run cities that wish
to set up CGFs shall have to elaborate projects to be ratified by the
presidents of the provincial/municipal People’s Committees.
2. The presidents of the People’s Committees of
the provinces and centrally-run cities shall consider and decide the setting up
of CGFs in their respective localities, ensuring the satisfaction of all
conditions prescribed in Article 4 of this Regulation.
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Article 6.- The charter
on organization and operation of a CGF shall be ratified by the president of
the People’s Committee of the province or centrally-run city and must include all
the following main contents:
1. Its name and location of headquarters;
2. The contents and scope of its operation.
3. Its operation term.
4. Its charter capital, list and capital
contribution levels of organizations joining it.
5. Tasks and powers of its Management Council,
Control Board and Executive Board as prescribed in Articles 10, 11, 12 and 13
of this Regulation.
6. Its financial management principles.
7. Procedures for amendment of its charter.
8. The relationship between the CGF and State management
agencies, credit institutions and customers.
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Article 7.- Within 6
months after the president of the provincial/municipal People’s Committee
issues the setting-up decision, the CGF shall have to commence its operation.
Chapter III
ORGANIZATIONAL
STRUCTURE, MANAGEMENT AND ADMINISTRATION
OF CGFS
Article 8.- The
managerial and executive apparatus of a CGF includes the Management Council,
the Control Board under the Management Council and the Executive Board.
The appointment, dismissal, commendation, reward
and discipline of members of the Management Council as well as director and
deputy directors of the CGF shall be decided by the president of the People’s
Committee of the province or centrally-run city.
Article 9.- The
Management Council of the CGF is composed of 2 full-time members being its
chairman and vice chairman, and part-time members being competent
representatives of the provincial/municipal Finance and Pricing Service,
Planning and Investment Service, the State Bank’s branch and representatives of
organizations contributing capital to the CGF.
Article 10.- The CGF’s
Management Council has the following tasks and powers:
1. To submit to the president of the People’s
Committee of the province or centrally-run city for ratification, supplement
and/or amendment the CGF’s charter and operational mechanism.
2. To adopt the CGF’s operational orientations,
financial plan and final account settlement reports.
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4. To supervise and inspect the CGF’s activities
according to its charter and decisions of the Management Council.
5. To decide on the appointment, dismissal,
commendation, reward and discipline of members of the Control Board.
6. To examine reports of the Control Board and
settle complaints as prescribed. To be entitled to use the CGF’s seal to
perform the Council’s tasks and exercise its powers.
Article 11.- The
Management Council’s working regime shall comply with the provisions of law and
charter of the CGF. The costs of the Management Council’s working facilities
and its operation funding shall be accounted into the CGF’s operational
expenses.
Article 12.- The
Control Board shall be answerable to the Management Council for the control of
all the CGF’s activities.
The CGF’s Control Board is composed of 3 members
at most, including the head and 1 full-time member. The Control Board’s members
must have professional qualifications and occupational morals.
The Control Board has the following tasks and
powers:
1. To inspect and supervise the implementation
of undertakings, policies, operational regimes and regulations in the
activities of the CGF so as to raise the efficiency of its activities, ensure
safety for the State�s
and the fund’s properties, report to the fund’s Management Council on the
inspection and supervision results and propose handling measures.
2. To carry out its jobs independently according
to the program already approved by the Management Council.
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4. To examine and submit to the fund’s
Management Council for settlement complaints of organizations and individuals
having ties with the CGF.
Article 13.- The CGF’s
Executive Board is composed of its director, deputy directors and a number of
specialized assistants
The director is the CGF’s legal person
representative, who takes responsibility before the Management Council and
before law for all the CGF’s activities. The CGF director’s tasks and powers
shall comply with the fund’s charter.
The operational administration of the CGF shall
be delegated to the Development Assistance Fund under a delegation contract.
The Development Assistance Fund shall enjoy service charge therefrom.
Chapter IV
CONTENTS OF OPERATION OF
CGFS
Article 14.- A CGF
shall grant credit guarantee to its customers being the following subjects:
1. Enterprises of all economic sectors, which
are classified as SMEs according to law provisions.
2. Cooperatives and unions of cooperatives.
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4. Farm owners, peasants and fishermen’s
households that carry out projects on aquaculture, offshore fishing, planting
of industrial trees or husbandry...
Article 15.- Conditions
for being granted credit guarantee
1. Having feasible investment projects and
production and/or business plans, being capable of repaying loan capital.
2. The total value of the CGF’s properties
mortgaged or pledged at credit institutions is equal to at least 30% of the
loan value as prescribed by law.
3. Owing no tax debts or overdue debts to credit
institutions or other economic organizations.
Article 16.- Credit
guarantee levels
1. A CGF shall grant credit guarantee equal to
no more than 80% of the difference between the loan value and the value of the
customer’s properties mortgaged or pledged at credit institution(s).
2. The credit guarantee level for a customer
shall not exceed 15% of the capital of the CGF’s owner.
Article 17.- Credit
guarantee term
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Article 18.- Credit
guarantee fees
Credit guarantee fees include:
- The fee for evaluation of credit guarantee
dossiers, which is equal to VND 50,000 for each credit guarantee application
and shall be remitted to the CGF together with the credit guarantee dossier.
- The credit guarantee fee, which is equal to
0.8%/year and calculated on the credit-guaranteed sum of money. The credit
guarantee fee payment time-limit shall be inscribed in the guarantee contract
under the agreement between the CGF and the customer, corresponding to the
credit guarantee term.
Article 19.- Dossier of
application for credit guarantee
1. The customer’s application for credit
guarantee.
2. Documents and papers proving that the
customer satisfies all conditions for being granted credit guarantee as
prescribed in Article 15 of this Regulation.
Article 20.- Dossier
evaluation and decision on credit guarantee
1. The CGF shall have to evaluate the legitimacy
of documents, the feasibility and loan capital-repayment capability of the
production and/or business development project sent by the customer.
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3. Within 15 days after receiving a dossier of
application for credit guarantee, the CGF shall have to consider the granting
of credit guarantee to the customer. The decision on granting credit guarantee
to the customer shall be made in writing in form of a credit guarantee contract
between the CGF, the credit institution and the customer. In case of refusing
to grant credit guarantee, the CGF shall have to notify such in writing,
clearly stating the reasons therefor.
Article 21.- Rights and
obligations of parties
1. The CGFs rights and obligations:
a/ To request customers to provide relevant
papers and documents and to prove that they fully meet conditions for being granted
credit guarantee as prescribed in Article 15 of this Regulation.
b/ To evaluate financial plans and
debt-repayment plans of investment projects as well as production and business
plans sent by customers.
c/ To collect credit guarantee fees as prescribed.
d/ To coordinate with credit institutions in
inspecting and supervising the process of capital use and debt repayment by
customers.
e/ To exercise their rights and powers according
to commitments with credit institutions and customers.
f/ To have the right to refuse the granting of
credit guarantee to customers who are ineligible or fail to meet the conditions
mentioned in Articles 14 and 15 of this Regulation.
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h/ To supply information as well as regular and
irregular reports to the State management agencies as prescribed.
2. The rights and obligations of credit
institutions shall comply with the provisions of the Law on Credit Institutions
and legal documents guiding the implementation thereof.
3. Rights and obligations of the guaranteed
a/ To request the CGFs to abide by commitments
in credit guarantee contracts.
b/ To fully supply information and documents
related to the granting of guarantee at the CGFs or credit institutions
requests and take responsibility for the accuracy and legitimacy of these
information and documents.
c/ To submit to inspection and control by the
CGFs and credit institutions.
d/ To fulfill all commitments in credit
guarantee contracts, and use loan capital for the right purposes.
e/ To pay credit guarantee fees to the CGFs in
full and on time.
f/ To fully repay to the CGFs those debts which
the latter have paid on their behalf as well as the interests and expenses
arising therefrom.
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The credit guarantee multiple of a CGF in the
first three years must not exceed 5 times its operation capital. The Finance
Minister shall prescribe credit guarantee multiple for the CGF in the
subsequent years.
Article 23.- Fulfillment
of guarantee commitment
1. If customers cannot repay or fully repay
their due debts to credit institutions and still fail to repay them even though
the credit institutions have applied all measures to recover debts (including
debt reschedule and extension), such credit institutions shall have to notify
the CGFs thereof in writing.
2. After receiving notices, the CGFs shall have
to repay debts, on behalf of the customers, to credit institutions according to
their committed guarantee liability.
Article 24.- Debt
acknowledgement and guarantee redemption
The guaranteed customers shall have to
acknowledge compulsory debts and repay the CGFs sums of money, which the latter
have paid on their behalf. As from the time the CGFs pay debts for the
customers, the latter shall bear the law-prescribed overdue debt interest rates
on the sums of money the CGFs have paid on their behalf.
Chapter V
FINANCE, ACCOUNTANCY
COST-ACCOUNTING
Article 25.- The CGFs
shall observe the financial regime, open accounting books, record accounting
vouchers and conduct cost-accounting of arising economic operations strictly
according to law provisions and guidance of the Finance Ministry.
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Article 26.- The CGFs
operation capital must be used for the right purposes and efficiently, ensuring
safety according to the following stipulations:
1. Granting of credit guarantee to customers
according to the provisions of this Regulation.
2. Investment in the procurement of fixed assets
in service of operation of the CGFs, which, however, must not exceed 7% of
their charter capital.
3. Opening of deposit accounts at the State
Treasury and domestic credit institutions.
4. Investment in the purchase of Government
bonds.
Article 27.- Wages and
allowances of officials, employees and the Management Council and Control Board
members of CGFs shall comply with the State regime prescribed for State
enterprises.
Article 28.- The annual
financial revenue-expenditure difference of a CGF is the difference between its
total revenues and total expenses, which shall be deducted for setting up the
following funds:
1. 15% for the reserve fund to supplement the
operation capital of the CGF.
2. 10% for the financial reserve fund to cover
risks caused by objective circumstances.
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4. The reward and welfare funds, with the
maximum amount being equal to three months�
paid wages in the year.
5. The remainder shall be used as profit
dividends to organizations participating contributing capital to the CGF.
Chapter VI
STATE MANAGEMENT OVER
CGFS
Article 29.- The
Finance Ministry is the body exercising the State management over CGFs, having
the following tasks:
1. To guide, inspect and supervise the
implementation of the Regulation on the setting up, organization and operation
of CGFs. If detecting violations in the process of setting up and operation of
CGFs, to have the right to request the presidents of the People’s Committees of
the provinces and centrally-run cities to take immediate remedies, ensuring the
strict compliance with the Regulation on the setting up, organization and
operation of the funds; to report cases falling beyond its jurisdiction to the
Prime Minister for decision.
2. To guide and inspect the observance of the
financial regime by CGFs.
3. To coordinate with the People’s Committees of
the provinces and centrally-run cities in organizing the monitoring, sum-up and
evaluation of the CGFs’
operation results; to elaborate the development orientations and finalize legal
documents on organization and operation of the funds of this type and submit
them to the Prime Minister.
Article 30.- The People’s Committees of the provinces
and centrally-run cities have the following tasks:
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2. To appraise conditions and dossiers of
application for setting up and operation of CGFs in their respective
localities.
3. To directly manage and oversee the situation
of operation of CGFs in their respective localities.
4. To report regularly and extraordinarily to
the Finance Ministry on the results and situation of operation of CGFs,
proposing measures to remove difficulties in the funds’
activities; to propose amendments and/or supplements to the mechanism and
policies for operation of the funds.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 31.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People’s Committees of the provinces
and centrally-run cities and the General Director of the Development Assistance
Fund shall have to implement this Regulation.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung