THE STATE
BANK OF VIETNAM
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
11/2013/TT-NHNN
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Hanoi, May 15,
2013
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CIRCULAR
STIPULATING PROVISION OF LOANS FOR HOUSING ASSISTANCE ACCORDING TO THE GOVERNMENT’S RESOLUTION NO. 02/NQ-CP DATED JANUARY 07,
2013
Pursuant to the Law on the State
bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on credit
institutions No. 47/2010/QH12, dated June 16, 2010;
Pursuant to the Law on Housing
dated November 29, 2005;
Pursuant to the Government’s
Decree No. 96/2008/ND-CP dated August 26, 2008 defining the functions, tasks,
powers and organizational structure of the State bank of Vietnam;
Pursuant to the Government’s
Decree No. 71/2010/ND-CP dated June 23, 2010 on detailing and guiding
implementation of the Law on Housing;
Pursuant to the Government’s
Resolution No. 02/NQ-CP, January 07, 2013 on some solutions to remove
difficulties for business production, market support, handling of bad debts and
the Government’s Resolution No. 48/NQ-CP dated April 04, 2013 on the
Government's regular session in March 2013;
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The Governor of the State bank of
Vietnam promulgates Circular stipulating provision of loans for housing
assistance according to the Government’s Resolution No.
02/NQ-CP,
Chapter 1.
GENERAL
PROVISIONS
Article 1. Scope
of regulation and subjects of application
1. Scope of regulation
a. This Circular stipulates on
provision of loans for housing assistance from the
re-financing source of the State bank of Vietnam (hereinafter referred to as
the State bank) according to the Government’s Resolution No. 02/NQ-CP dated
January 07, 2013 on some solutions to remove difficulties for business
production, market support, handling of bad debts and the Government’s
Resolution No. 48/NQ-CP dated April 04, 2013 on the Government's regular
session in March 2013;
b. The State-owned commercial banks,
the join stock commercial banks of which the State holds
more than 50% of charter capital (hereinafter referred to as banks) shall use a
quantity of fund at least 3% of total loan debt balance at the end time of last
year for provision of loans to subjects specified in point a clause 2 of this
Article. For loans not from the re-financing assistance source of the State
bank, banks may provide loans as prescribed by the current law at interest rate
and duration suitable with the payment ability of clients and financial status
of banks.
2. Subjects of application:
a. Subjects borrowing loans
(hereinafter referred to as clients) include:
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- In each period, the Ministry of
Construction shall announce enterprises being investors of projects on social
house construction; enterprises being investors of projects on commercial
houses converted the use purpose into projects on social houses (hereinafter
referred to as enterprises).
b. Banks providing loans as
prescribed in this Circular include:
- Vietnam Agriculture and Rural
Development Bank;
- Joint Stock Commercial Bank for
Investment and Development of Vietnam;
- Joint Stock Commercial Bank for
Industry and Trade of Vietnam;
- Joint Stock Commercial Bank for
Foreign Trade of Vietnam;
- Joint Stock Commercial Bank for Housing
Development in Cuu Long River Delta;
c. Relevant organizations,
individuals.
Article 2.
Principles for provision of loans for housing assistance
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2. Banks shall implement provision of
loans to clients as prescribed by current law on loans of credit institutions
to clients and provisions in this Circular. Banks shall consider, appraise,
decide on loans to clients and take responsibility for their decisions.
3. Clients are
responsible for use of loans properly with purpose and returning full
principal, interest on schedule to banks according to credit contracts.
4. Banks shall provide loans to enterprises
being investors of projects on social house construction and projects on
commercial houses converted the use purpose into projects on social houses, on
the basis of list announced by the Ministry of Construction in each period.
Total loan levels of bank to enterprises maximally may be 30% of the
re-financing source for house assistance specified in clause 1 Article 8 of
this Circular.
Chapter 2.
PROVISION OF
LOANS FOR HOUSING ASSISTANCE OF BANKS
Article 3.
Conditions for loans
Apart from conditions for loans as
prescribed by current law on loans of credit institutions to clients,
provisions in the Circular No. 07/2013/TT-BXD dated May 15, 2013 of the
Ministry of Construction and documents revising, replacing the Circular No.
07/2013/TT-BXD (if any), clients must meet additionally the following
conditions:
1. For clients being individuals who
borrow loans for purchase, hiring, purchase-hiring of social houses and for
hiring, purchase of commercial houses with areas of less than 70m2,
at sale price of less than 15,000,000 VND/m2:
a. Having contracts of purchase,
hiring, purchase-hiring of social houses; contracts of hiring, purchase of
commercial houses with investors;
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c. Having request for borrowing loans
for purchase, hiring, purchase-hiring of social houses; hiring, purchase of
commercial houses and committing that clients as well as members in their
households have not yet been borrowed loans for assistance at banks for
purchase, hiring, purchase-hiring of houses as prescribed in this Circular;
d. Having full minimum capital to
participate in the loan plan as prescribed in clause 3 of this Article.
2. For clients being enterprises:
b. They are enterprises as prescribed
in point a clause 2 Article 1 of this Circular;
b. Having purpose of borrowing loans
for paying expenses not yet paid arising from January 07, 2013 (excluded tax
expenses) for implementation of projects on social house construction, projects
on commercial houses converted the use purpose into projects on social houses
as prescribed in this Circular;
c. Having full minimum capital to
participate in the loan plan as prescribed in clause 3 of this Article.
d. Committing that they have not yet
been borrowed loans for assistance at banks for implementation of projects on
social house construction, projects on commercial houses converted the use
purpose into projects on social houses as prescribed in this Circular;
3. Banks shall specify the minimum
capital of client participating in the loan project or plan but not exceed 20%
of loan plan for clients specified in clause 1 of this Article and not exceed
30 % of total investment level of the loan project or plan for clients
specified in clause 2 of this Article. If a client purchase-hiring social house
had paid full 20% of value of house, it is not required for bank to stipulate
the minimum capital.
Article 4.
Loaning interest rates
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2. The interest rate applied in 2013
is 6%/ year.
3. Periodically, in December every
year, the State bank shall determine and announce the interest rate applied for
the next year, which is equal to 50% of average loaning interest rate of banks
in the market but does not exceed 6%/ year.
4. Duration to apply the loaning
interest rate as stated in this Article shall not exceed 10 years for clients
purchasing, hiring, purchase-hiring social house and hiring, purchasing
commercial house and 5 years for clients being enterprises, but not pass June
01, 2023.
Article 5.
Loaning duration
1. Loaning duration applying to
clients purchasing, hiring, purchase-hiring social house and hiring, purchasing
commercial house shall be not less than
10 years. If a client wishes to borrow loans in duration less than 10 years,
he/she may agree with bank on loaning duration lower than the minimum loaning
duration.
2. Loaning duration applying to
clients being enterprises shall be not more than 5 years.
Article 6.
Measures to assure loans
Banks shall consider and decide the
provision of loans with or without guarantee by asset as prescribed by law
Article 7.
Classification of debts and handling of risks
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Chapter 3.
REFINANCING FOR
LOANS FOR THE HOUSING ASSISTANCE
Article 8.
Refinancing of the State bank
1. The State bank shall implement
disbursement for refinancing loans of about 30,000 billion VND for banks on the
basis of loan debt balance of banks to clients, but the maximum limit time
shall be 36 months since this Circular takes into effect. The Governor of the
State bank shall specify total re-financing amounts.
2. Re-financing interest rate:
a. Re-financing interest rate of the
State bank to banks which is lower than loaning interest rates of banks to
clients shall be 1.5%/year at the same time. Overdue debt interest rate shall
be 150% of the re-financing interest rate in term;
b. Periodically, on the first working
day of every month, banks shall pay the re-financing interest rate of the
previous month to the State bank.
3. Re-financing duration: Except case
of withdrawing the refinancing debt under notification of the State bank
specified in point d clause 5 this Article, time limit for refinancing for
loans for housing assistance every time shall be 364 days and automatically be
extended for the remaining debt refinancing balance at the time of overdue with
01 (one) duration equal to the first duration of refinancing. The automatic
extension is performed with maximally prolonging till June 01, 2023. The
remaining debt balance of clients at bank after June 01, 2023 shall be
transferred to form of loans by funding of banks.
4. Disbursement and refinancing:
Monthly, based on results of loans for housing assistance of banks, the State
bank shall implement disbursement or withdraw the refinancing debts from banks,
ensuring the refinancing debt balance of banks at the State bank not to exceed
the loaning debt balance of banks to clients at the time point of disbursement
or withdrawal of the refinancing debts.
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a. The State bank shall sign a
principle contract of refinancing on loans for housing assistance with each
bank;
b. Periodically, not later than the
fifth day of every month, banks shall report results of loans for housing
assistance according to Annex No. 01 enclosed with this Circular to the State
bank (Credit Department) serving as basis for the State bank to implement
disbursement or withdrawal of the refinancing debts;
c. Cases of disbursement for refinancing:
i. Banks have written request for the
refinancing loans enclosed with report on result of loans for the housing
assistance;
ii. Within 01 working day after
receiving full dossier of banks, the Credit Department shall preside over
consult the Monetary policy department, agency of banking inspection and
supervision about requests for the refinancing loans of banks;
iii. Within 02 working days, units
stated in point c (ii) of this clause shall give written advices and send them
to the Credit Department to sum up and submit to the Governor of the State bank
for decision on approval of the refinancing amounts to banks;
iv) Based on decision on the Governor
of the State bank and the principle contract of refinancing on loans for
housing assistance between the State bank and banks, within 01 working day
after having decision of the Governor of the State bank, the transaction
Service of the State bank shall implement disbursement and banks shall sign
promissory contract for the refinancing amounts disbursed.
c. Cases of withdrawal of refinancing
debts:
i. Within 02 working days after
receiving reports on result of loans for housing assistance of banks, the State
bank (Credit Department) shall determine and notify the transaction Service of
the State bank and banks about the refinancing principals which banks must pay
for the State bank;
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iii. Withdrawal of the principals
from refinancing may be deducted alternately to promissory contracts of banks
at the State bank according to their time order, from the first promissory
contract;
iv. On June 01, 2023, banks must
return all principal and interest of refinancing loans for the State bank.
6. Handling for case of failing to
pay debt on schedule:
In case a bank violates payment of
principal and interest as prescribed in this Circular, the State bank shall
transfer debt (principal and interest) into overdue debt and apply the interest
rate of overdue debt, from the overdue day. Concurrently, the State bank shall
implement withdrawal of overdue debts according the priority orders as follows:
a. Deducting from deposit of bank at
the State bank;
b. Withdrawing principal and interest
from other sources (if any) of bank;
c. Other forms as prescribed by law.
Chapter 4.
ORGANIZATION FOR
IMPLEMENTATION AND IMPLEMENTATION PROVISIONS
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1. To comply with regulations of law
on borrowing loans for housing assistance and commitments in the credit
contracts with banks.
2. To be responsible before law for
accuracy of information, documents provided for banks to appraise and decide on
provision of loans.
Article 10.
Reponsibilities of banks
1. To promulagte documents guiding on
provision of loans for housing assistance in the system in conformity with
regulations of this Circular and relevant laws.
2. To monitor, perform accounting and
manage separately the loans for housing assistance.
3. Periodically, not later than the
fifth day of every month, send the State bank (Credit Department) results of
loans for housing assistance and take responsibility for accuracy of
information reported to the State bank;
4. After make appraisal and tentative
decision on provision of loans for enterprises, banks shall send tentative
report on loans for enterprises according to the Annex No. 02 enclosed with
this Circular to the State bank and solely sign contracts with enterprises
after the State bank notify that it still has funding source to refinance for
these subjects.
Article 11.
Reponsibilities of units of the State bank
1. Credit Department:
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b. Monthly, to sum up and report the
Governor of the State bank, and send to the Monetary Policy Department, agency
of banking inspection and supervision about the result of loans for housing
assistance of banks;
c. To propose the monitoring measures
to advice the Governor of the State bank in decision on specific total amount
for refinancing and time ending disbursement for refinancing as prescribed in
this Circular;
d. To monitor, sum up the banks'
financial demand for loans to enterprises. Within 03 working days after
receiving reports of banks as prescribed in clause 4 Article 10 of this
Circular, notifying banks about the refinancing source for these subjects;
2. The Monetary policy department:
a. To coordinate with Credit
Department and relevant units in handling of matters arising during
implementation of this Circular.
b. To assume the prime responsibility
for, and coordinate with the Credit Department, Agency of banking inspection
and supervision in determining and submitting the loaning interest rates for
housing assistance specified in clause 3 Article 4 of this Circular to the
Governor of the State bank.
3. Transaction Service:
a. To draft and conclude in the
principle contracts on loans for housing assistance between the State bank and banks;
disburse, withdraw principal; calculate, notify and collect interest; perform
accounting and monitor amounts of refinancing for housing assistance with
respect to banks;
b. To coordinate with Credit
Department and relevant units in handling of problems arising during the course
of implementation of this Circular.
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To preside over handling on
accounting related to loans for housing assistance as prescribed in this
Circular.
5. Agency of banking inspection and
supervision:
a. To implement inspection,
supervision of provision of loans by banks to clients as prescribed in this
Circular and relevant legal documents;
b. To coordinate with Credit
Department and relevant units in handling of matters arising during implementation
of this Circular.
6. The State bank’s branches in
central-affiliated cities and provinces shall monitor and coordinate in
handling of matters arising during implementation of loans for housing
assistance in their localities.
Article 12.
Implementation Provisions
1. This Circular takes effect on June
01, 2013.
2. The Chief of
office, Director of Credit Department and heads of units of the State bank;
Directors of the State bank’s branches in central-affiliated cities and provinces;
Chairpersons of Members' Council, Chairpersons of Board of Directors and
Directors General of State-owned commercial banks, joint stock commercial banks
of which State holds more than 50% of charter capital; subjects of assistance
in borrowing loans for housing shall implement this Circular.
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FOR THE
GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Nguyen Dong Tien