MINISTRY OF
FINANCE
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No.
89/2014/TT-BTC
|
Hanoi, July
07, 2014
|
CIRCULAR
GUIDELINES FOR PROVISION OF INTEREST RATE SUPPORT
AND SUBSIDY ON INTEREST RATE DIFFERENCE FOR IMPLEMENTATION OF SUPPORTIVE
POLICIES ON REDUCTION OF AGRICULTURAL LOSSES
Pursuant to the
Government's Decree No. 215/2013/NĐ-CP dated December 23, 2013 defining the
functions, tasks, entitlements and organizational structure of the Ministry of
Finance;
Pursuant to the Prime
Minister’s Decision No. 68/2013/QĐ-TTg dated November 14, 2013 on supportive
policies on reduction of post-harvest losses in agriculture
At the request of the
Director of the Financial Department of banks and financial institutions;
The Minister of Finance
promulgates advertisement Circular on guidelines for provision of interest rate
support and subsidy on interest rate difference for implementation of
supportive policies on reduction of agricultural losses:
Article
1. Scope and regulated entities
1. Scope:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Regulated entities:
2.1 Commercial banks that
are established, operating under the Law on credit institutions (hereinafter
referred to as commercial banks) and grant loans according to Article 1 and
Article 2 of Decision No. 68/2013/QĐ-TTg.
2.2 Relevant agencies, organizations,
and individuals (hereinafter referred to as entities).
Article
2. Methods for providing loan interest rate support and subsidy on interest
rate difference
1. Commercial banks that
grant loans (hereinafter referred to as loaning banks) shall provide interest
rate support or subsidy on the difference between commercial rate and
concessional interest rate for investment in development of the State
(hereinafter referred to as concessional interest rate) for the borrowers
mentioned in Article 1 and Article 2 of Decision No. 68/2013/QĐ-TTg.
2. State budget shall
provide subsidy on commercial interest rate or subsidy on the difference
between commercial rate and concessional interest rate for the loaning banks as
prescribed in Clause 1 of this Article.
Article
3. Conditions for receiving loan interest rate support and subsidy on interest
rate difference from state budget
1. Commercial banks shall
grant loans in accordance with Article 1, Article 2, and Article 4 of Decision
No. 68/2013/QĐ-TTg and instructions of the State bank of Vietnam.
2. The loans receiving
interest rate support and subsidy on interest rate difference are those that
satisfy all of the following conditions:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2.2 The loans are not
overdue at the time of provision of interest rate support and subsidy on
interest rate difference; overdue loans (principal and interest) shall not
receive interest rate support and subsidy on interest rate difference from the
due date.
2.3 The loans are granted
under loan contracts with commercial banks signed during the period from the
effective date of Decision No. 68/2013/QĐ-TTg to before December 31, 2020.
Article
4. Levels of support, subsidy, and sources of funding for provision of interest
rate support and subsidy on interest rate difference
1. Levels of interest rate
support and subsidy on interest rate difference:
1.1 With regard to loans for
buying the machinery and equipment prescribed in Clause 2 Article 1 of Decision
No. 68/2013/QĐ-TTg, 100% of interest rate shall be covered by state budget in
the first 02 years and 50% in the third year. The beginning date of provision
of interest rate support for each loan is the disbursement date.
1.2 With regard to loans for
execution of projects of investment in lines of machinery and equipment;
projects for manufacture of machines and agriculture equipment prescribed in
Clause 3 Article 2 of Decision No. 68/2013/QĐ-TTg, state budget shall provide
subsidy on the difference between commercial rates of commercial banks and
concessional interest rates of the State. The beginning date of for provision
of subsidy on interest rate difference for each loan is the disbursement date.
The period of subsidy on
interest rate difference is the same as the loan term prescribed in Clause 5
Article 2 of Decision No. 68/2013/QĐ-TTg. Nevertheless, this period shall not
exceed 12 years.
1.3 The loan interest rates
of commercial banks that are the basis for state budget to provide interest
rate support and subsidy on interest rate difference are the minimum interest
rates imposed by commercial banks on the loans serving agriculture and rural
areas with the same term and period and posted at transaction places by such
commercial banks.
1.4 The concessional
interest rate of the State that is the basis for provision of subsidy on
interest rate difference prescribed in Article 2 of Decision No. 68/2013/QĐ-TTg
is the concessional interest rate announced by the State in each period.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Funding for provision of
interest rate support and subsidy on interest rate difference serving
implementation of policies on reduction of agricultural losses is part of the
estimated annual expenditure on provision of subsidy on interest rate
difference (derived from capital for development investment) of state budget.
Article
5. Documents and procedures for provision of interest rate support and subsidy
on interest rate difference
1. Making the plan for
provision of interest rate support and subsidy on interest rate difference:
Not later than July 31 every
year, every commercial bank shall formulate a plan for provision of interest
rate support and subsidy on interest rate difference of the planned year
(divided by into 4 quarters) based on the anticipated balance of plans for
purchase of machinery and equipment serving agricultural production of the next
year, then send it to the Ministry of Finance and the Ministry of Planning and
Investment.
In 2014, within 15 days from
the effective date of this Circular, commercial banks shall make and send their
plans for provision of interest rate support and subsidy on interest rate
difference to the Ministry of Finance and the Ministry of Planning and
Investment.
The Ministry of Planning and
Investment shall take charge and cooperate with the Ministry of Finance in
estimating expenditure on provision of subsidy on interest rate difference of
central government budget in order to provide subsidy for commercial banks to grant
loans serving implementation of policies on reduction of agricultural losses.
2. The plan for provision of
interest rate support and subsidy on interest rate difference shall be made
according to the formula below:
2.1. Supported interest
rate:
Supported interest
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Supported interest on existing loan balance (Point a of this Article)
+
Supported interest expected to generate in the planned year
(Point b of this Article)
a) With regard to existing
loan balance (including the estimated amount by December 31 of the year
preceding the planned year):
Supported interest on existing loan balance
=
Average loan balance
x
Average concessional interest rate
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Average loan balance is
calculated by the commercial bank on the basis of the average loan balance.
- Average concessional
interest rate which equals (=) 100% of average interest rate of the commercial
bank in the first 2 years, 50% of the average interest rate of the commercial
bank in the third year shall be determined according to Clause 1 Article 4 of
this Circular.
b) With regard to loan
balance expected to arise in the planned year:
Supported interest expected to be generated in the year
=
Estimated average loan balance of the subsidy year
x
Average concessional interest rate
Where:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Average concessional
interest rate which equals (=) 100% of average interest rate of the commercial
bank in the first 2 years, 50% of the average interest rate of the commercial
bank in the third year shall be determined according to Clause 1 Article 4 of
this Circular.
2.2. With regard to
subsidized interest rate:
Subsidized difference in interest
=
Subsidized difference in interest on existing loan balance (Point a of
this Article)
+
Subsidized difference in interest expected to arise in the planned year
(Point b of this Article)
a) With regard to existing
loan balance (including the estimated amount by December 31 of the year
preceding the planned year):
Subsidized difference in interest on existing loan balance
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Average existing loan balance that is subsidized
x
Average subsidized difference in interest rates
Where:
- Average existing loan
balance that is subsidized is calculated by the commercial bank on the basis of
the average existing loan balance.
- The difference in average
interest rates is the difference between average interest rate of the
commercial bank and concessional interest rate of the State which is the
arithmetic mean of the interest rates at the beginning and at the end of the
year.
b) With regard to loan
balance expected to arise in the planned year:
Subsidized difference in interest expected to arise in the planned year
=
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
x
Average subsidized difference in interest rates
Where:
- Estimated average loan
balance of the subsidy year is the arithmetic mean of the loan balance at the
beginning and at the end of the planned year.
- The difference in average
interest rates is the difference between average interest rate of the commercial
bank and concessional interest rate of the State which is the arithmetic mean
of the interest rates at the beginning and at the end of the year.
3. Temporary provision of
quarterly loan interest rate support and subsidy on interest rate difference:
Within 30 days from the
receipt of the quarterly report prescribed in Clause 1 Article 6 of this
Circular, which is enclosed with the written request of the commercial bank,
the Ministry of Finance shall provide a temporary funding of 80% of last
quarter’s interest rate support of the bank, provided the accumulated temporary
funding from the beginning of the year does not exceed the estimate given at
the beginning of the year. If temporary funding is not provided, the Ministry
of Finance shall make a written response and provide instructions for
commercial banks within 20 working days.
4. Methods for determination
of supported interest and subsidized difference in interest:
4.1 With regard to the loans
eligible for interest rate support prescribed in Article 1 of Decision No.
68/2013/QĐ-TTg:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Actual supported interest
=
n
∑
i=1
Supported interest rate
x
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Sum of products of loan balance (corresponding to interest rate in the
same period) and number of loaning days in the month
30
Where:
- The concessional interest
rate is prescribed in Clause 1 Article 4 of this Circular and expressed as %
month.
- n is the number of
supported loaning days in the period.
b) Supported interest of the
commercial bank is the total supported interest on the loans eligible for
support.
c) Commercial banks shall
use the formula above to determine the amount of subsidy on interest to be
provided by the Ministry of Finance.
4.2 With regard to the loans
eligible for subsidy on interest rate difference prescribed in Article 2 of
Decision No. 68/2013/QĐ-TTg:
a) The amount of subsidized
difference in interest on a loan is calculated using the formula below:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
=
n
∑
i=1
Subsidized difference in interest rates
x
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
30
Where:
- The subsidized difference
in interest rates is prescribed in Clause 1 Article 4 of this Circular and
expressed as % month.
- n is the number of
supported days in the period.
b) Subsidized difference in
interest of the commercial bank is the total subsidized interest on all the
loans eligible for subsidy prescribed in Point 4.2a of this Article.
c) Commercial banks shall
use the formula above to determine the difference in interest to be subsidized
by the Ministry of Finance.
5. Statement of interest
rate support and subsidy on interest rate difference:
5.1 Within 90 days from the
end of the fiscal year, commercial banks must send applications for statements
of interest rate support and subsidy on interest rate difference to the
Ministry of Finance. If documents are not adequate or invalid, the Ministry of
Finance shall notify state-owned commercial banks in writing within 10 working
days.
5.2 Application for
statement:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- An overall report on the
statement of interest rate support audited by an independent audit firm or
State Audit Agency (Appendix 1 enclosed herewith).
- Report of each province on
statement of interest rate support (Appendix 2 enclosed herewith).
b) Application for statement
of loans provided with subsidy on interest rate difference:
- An overall report on the
statement of subsidy on interest rate difference according to concessional
interest rate audited by an independent audit firm or State Audit Agency (Appendix
3 enclosed herewith).
- Report of each province on
statement of subsidy on interest rate difference according to concessional
interest rate (Appendix 4 enclosed herewith).
5.3 Commercial banks shall
make backups of documents and reports by each support in an accurate and
transparent way in order to facilitate inspection of statement of interest rate
support and subsidy on interest rate difference prescribed in Point 5.4 of this
Article.
5.4 Inspection of statements
of interest rate support and subsidy on interest rate difference:
a) The Ministry of Finance
shall inspect statements of interest rate support and subsidy on interest rate
difference after receiving the satisfactory application for statement of
interest rate support and subsidy on interest rate difference.
b) The Ministry of Finance
shall send written notifications to branches of the commercial bank appointed
to inspect the statement.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Credit contracts,
indentures and equivalent documents to determine borrowers and loan status.
- List of products to
determine interest rate support and subsidy on interest rate difference.
- Borrowers’ confirmations
of interest rate support and subsidy on interest rate difference by year which
specify every time of support in any shape or form.
- Written notification of
lowest interest rate which is the basis for approving statements of interest
rate support and subsidy on interest rate difference.
The aforementioned documents
are photocopies bearing the certifying seal of commercial banks, signatures and
names of responsible persons.
d) The inspection of
statements of interest rate support and subsidy on interest rate difference
shall be done within 90 days from the receipt of the satisfactory applications
from commercial banks
5.5 Processing differences
between the statement and the temporary interest rate support and subsidy on
interest rate difference:
- In case there are
differences between the statement which is certified by an auditing
organization and the statement inspected by the Ministry of Finance, the
commercial bank shall adjust its accounting books to show the accurate interest
rate support and subsidy on interest rate difference.
- If the temporary interest
rate support and subsidy on interest rate difference provided by state budget
is higher than that in the inspection record, the difference shall be withdrawn
by the Ministry of Finance.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The difference shall be
processed within 45 days from the receipt of inspection record.
- The Minister of Finance
shall consider deciding extension of the processing period where necessary and
other special cases.
6. Withdrawal of interest
rate support and subsidy on interest rate difference:
- During the support period,
if the commercial bank finds that the borrower commits violations while using
the loan, it shall be converted into an ordinary loan and the advance support
provided by the bank shall be immediately withdrawn.
- If the borrower’s
violations are discovered after the statement is made by regulatory agencies,
the commercial bank shall withdraw the support provided by the State and return
it to state budget.
- If the interest rate
support cannot be recovered by the commercial bank after all necessary measures
are taken, the commercial bank shall submit a report to the Ministry of Finance
for guidance.
Article
6. Reporting
1. Quarterly reports:
Every quarter (not later
than the 30th of the first month of the next quarter), commercial
bank shall collect figures about interest rate support of the policies on
reduction of agricultural loses of the whole system, assess the implementation
and send a report to the Ministry of Finance.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Within 90 days from the end
of the fiscal year, commercial banks shall send annual report to the Ministry
of Finance, including:
- The temporary interest
rate support and subsidy on interest rate difference provided in the year.
- The actual interest rate
support and interest rate difference to be subsidized in the whole year.
- The application for
statement prescribed in Point 5.2 Article 5 of this Circular.
Article
7. Transition
1. With regard to the loans
provided with interest rate support and subsidy on interest rate difference
under Decision No. 68/2013/QĐ-TTg, Decision No. 65/2011/QĐ-TTg still apply
regulations on levels, sources, documents, and procedures for interest rate
support and subsidy on interest rate difference, and reporting in Circular No.
188/2012/TT-BTC of the Ministry of Finance.
2. This Circular shall apply
to the loans that are granted from the effective date of Decision No.
68/2013/QĐ-TTg and eligible for interest rate support and subsidy on interest
rate difference according to Decision No. 68/2013/QĐ-TTg.
Article
8. Effect and implementation
1. This Circular comes into
force from August 22, 2014.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
PP MINISTER
DEPUTY MINISTER
Tran Xuan Ha