|
STATE BANK OF
VIETNAM
------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
|
No.
03/2022/TT-NHNN
|
Hanoi, May 20,
2022
|
CIRCULAR
GUIDING COMMERCIAL
BANKS TO PROVIDE INTEREST RATE SUBSIDIES IN ACCORDANCE WITH DECREE NO.
31/2022/ND-CP DATED MAY 30, 2022 OF THE GOVERNMENT ON INTEREST RATE SUBSIDIES
PROVIDED BY STATE BUDGET FOR LOANS OF ENTERPRISES, COOPERATIVES, AND HOUSEHOLD
BUSINESSES
Pursuant to the Law on State Bank of Vietnam
dated June 16, 2010;
Pursuant to Law on Credit Institutions dated
June 16, 2010 and Law on amendments to the Law on Credit Institutions dated
November 20, 2017;
Pursuant to Resolution No. 43/2022/QH15 dated
January 11, 2022 of the National Assembly on fiscal and monetary policies
supporting Socio-economic recovery and development program;
Pursuant to Decree No. 31/2022/ND-CP dated May
20, 2022 of the Government on interest subsidies provided by state budget for
loans of enterprises, cooperatives, and household businesses;
Pursuant to Decree No. 16/2017/ND-CP dated
February 17, 2017 of the Government on functions, tasks, powers, and
organizational structure of the State Bank of Vietnam;
At request of Director of Department of Credit
for Economic Sectors;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 1. Scope and regulated entities
1. Scope: This Circular guides
the provision of interest rate subsidies by commercial banks for borrowers in
accordance with Decree No. 31/2022/ND-CP dated May 20, 2022 of the Government
on interest subsidies provided by state budget for loans of enterprises,
cooperatives, and household businesses.
2. Regulated entities:
Commercial banks and borrowers according to Clause 1 and Clause 2 Article 2 of
Decree No. 31/2022/ND-CP; other relevant organizations and individuals.
Article 2. Rules of providing interest rate
subsidies
Commercial banks shall provide interest rate
subsidies in accordance with applicable laws on granting of loan of credit
organizations, foreign bank branches for borrowers according to Decree No.
31/2022/ND-CP, this Decree, and relevant law provisions.
Article 3. Methods of providing interest rate
subsidies
When an interest is due, a commercial bank shall
choose one of the methods below to provide interest rate subsidies for
customers
1. Directly deduct interest
rate subsidies from payable interests of borrowers.
2. Collect due interests of
borrowers and refund interest rate subsidies in the same interest collection
date. In case interests are collected after working hours of commercial banks,
the refund of interest rate subsidies can be carried out on the next day.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Commercial banks shall
register plans for providing interest rate subsidies from state budget for the
year of 2022 and 2023 in detail in accordance with Point b Clause 1 Article 7
of Decree No. 31/2022/ND-CP.
2. If total interest rate
subsidies registered by commercial banks in the year 2022 and 2023 are smaller
than or equal to 40.000 billion VND, the State Bank of Vietnam (SBV) shall
determine interest rate subsidy quota of each commercial bank that has
registered.
3. If total interest rate
subsidies registered by commercial banks in the year 2022 and 2023 are greater
than 40.000 billion VND, the State Bank of Vietnam (SBV) shall determine
interest rate subsidy quota of each commercial bank as follows:
a) Quota for the 2 years of 2022 and 2023 shall be
result of 40.000 billion VND multiplied by outstanding loan balance by December
31, 2021 of each commercial bank divided by total outstanding loan balance of
all commercial banks which register for interest rate subsidies without
exceeding the interest rate subsidies registered by each commercial bank and
determined according to Appendix 1 attached hereto.
b) Based on quota of the 2 years of 2022 and 2023
mentioned under Point a of this Clause, SBV shall determine interest rate
subsidy quota in 2022 for each commercial bank using interest rate subsidies
registered for the year of 2022. If interest rate subsidies registered for the
year of 2022 is greater than or equal to the quota determined for the 2 years
of 2022 and 2023, interest rate subsidy quota for the year of 2022 shall equal
the quota determined for the 2 years of 2022 and 2023.
Quota for the year of 2023 shall equal the quota of
the 2 years of 2022 and 2023 minus the quota of the year 2022.
4. During the period in which
decision on allocation of central government budget for public investment plans
of the year 2022 of the Prime Minister according to Point a Clause 2 Article 7
of Decree No. 31/2022/ND-CP and Clause 5 of this Article, SBV shall notify
commercial banks expected interest rate subsidy quota of the year 2022 based on
the quota determined under Clause 2 and Clause 3 of this Article.
5. Based on decision on
allocation of central government budget for public investment plans of the year
2022 and decision on allocation of central government budget for public
investment plans of the year 2023 of the Prime Minister, SBV shall notify
commercial banks, Ministry of Finance, and Ministry of Planning and Investment
the interest rate subsidy quota of the year 2022 and 2023.
6. Based on approval of
competent authorities regarding carry-over of state budget revenue sources of
the year 2022 to the year of 2023 according to Point dd Clause 2 Article 7 of
Decree No. 31/2022/ND-CP, SBV shall notify commercial banks and Ministry of
Finance the interest rate subsidies of the year 2022 that are carried over to
the year of 2023.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 5. Management of interest rate subsidy
quota of commercial banks
1. The total interest rate
subsidies provided by commercial banks and requested for funding from the state
budget annually shall not exceed the interest rate subsidy quota declared for
that year.
2. Commercial banks shall
provide interest rate subsidies for borrowers whose interest due date comes
first within the notified interest rate subsidy quota. If, during
implementation, the remaining interest rate subsidy quota is insufficient to
cover debt repayment obligations, commercial banks shall provide interest rate
subsidies in a first come first serve manner for borrowers who sign loan
agreements benefiting from interest rate subsidies and publicly post on website
of the commercial banks.
3. Based on results of
interest rate subsidy provision, each commercial bank shall publicly post end
date of interest rate subsidy provision on their website and submit reports on
end date interest rate subsidy provision to SBV in accordance with Clause 6
Article 3 of Decree No. 31/2022/ND-CP.
4. Upon receiving notice about
additional interest rate subsidies in accordance with Clause 7 Article 4
hereof, commercial banks shall publicly post the notice on their website and
continue to provide interest rate subsidies upon receiving the notice of SBV.
5. Commercial banks shall
round the money related to interest rate subsidies in accordance with Decree
No. 31/2022/ND-CP and this Circular.
Article 6. Clearance and accounting
1. Commercial banks shall
record and keep account of interest rate subsidies and provide interest rate
subsidies in accordance with Decree No. 31/2022/ND-CP, this Circular, and
relevant law provisions.
2. Regarding interest rate
subsidies to be recollected from borrowers in accordance with Article 9 of
Decree No. 31/2022/ND-CP, commercial banks shall record collectible interest of
borrowers. If the collectible subsidies are later deemed irrecoverable,
commercial banks shall comply with applicable laws regarding financial
regulations for credit institutions and branches of foreign banks.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. On
the 20th of each month, commercial banks shall submit reports on interest rate
subsidy provision results to SBV (via Department of Credit for Economic
Sectors) using form under Appendix 2 attached hereto while ensuring adherence
to report data in schedules under Decree No. 31/2022/ND-CP.
2. Before the 20th
of October, November, and December of 2022 (corresponding to report data of
September, October, and November of 2022), commercial banks shall submit
reports on potential carry-over of interest rate subsidy of 2022 to 2023
according to Appendix 3 attached hereto.
3. Before July 20, 2023,
commercial banks shall submit reports on expected interest rate subsidies for
the rest of 2023 to SBV (via Department of Credit for Economic Sectors)
according to Appendix 4 attached hereto.
Article 8. Responsibilities of commercial banks
1. Promulgate documents
guiding provision of interest rate subsidies in accordance with Decree No.
31/2022/ND-CP and this Circular in order to organize synchronous implementation
across the system and regulate the followings:
a) Details regarding provision of interest rate
subsidies, appendices amending, adjusting loan agreements and promissory notes
between commercial banks and borrowers;
b) Details agreed upon by commercial banks and
borrowers regarding methods for recollecting interest rate subsidies in
accordance with Article 9 of Decree No. 31/2022/ND-CP.
2. Determine and specify
purpose of loan in accordance with Clause 2 Article 2 of Decree No.
31/2022/ND-CP under loan agreements or appendices amending loan agreements or
promissory notes between commercial banks and borrowers.
3. Provide interest rate
subsidies in accordance with Decree No. 31/2022/ND-CP and this Decree; notify
the borrowers if interest rate subsidy is rejected.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Monitor, keep documents,
keep account, and record loans benefiting from interest rate subsidies in
accordance with Decree No. 31/2022/ND-CP and this Circular.
6. Communicate policies on
interest rate subsidies at commercial banks in accordance with Decree No.
31/2022/ND-CP and this Circular.
7. Publicize the end date of
interest date subsidy on website of the commercial banks.
Article 9. Responsibilities of entities
affiliated to SBV
1. Credit Departments of
Economic Sectors
a) Act as contact point to monitor results of
interest rate subsidies of commercial banks and advise Governor of SBV to
implement details under Points a, b, d, dd, and e Clause 1 Article 10 of Decree
No. 31/2022/ND-CP;
b) Participate in the task force for support of
interest rate subsidies in accordance with Point dd Clause 1 Article 10 of
Decree No. 31/2022/ND-CP.
2. Monetary Policy Department:
a) Cooperate with Department of Credit for Economic
Sectors in dealing with difficulties that arise during implementation of Decree
No. 31/2022/ND-CP and this Circular;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Accounting and Finance
Department:
a) Provide guidance for issues regarding recording
and finalization relating to granting loans under interest rate subsidy,
payment, finalization of interest rate subsidies, recollection of loans
benefiting from interest rate subsidies in accordance with Decree No.
31/2022/ND-CP and this Circular;
b) Cooperate with Department of Credit for Economic
Sectors in dealing with difficulties that arise during implementation of Decree
No. 31/2022/ND-CP and this Circular;
c) Participate in the task force for support of
interest rate subsidies in accordance with Point dd Clause 1 Article 10 of
Decree No. 31/2022/ND-CP.
4. Department of Statistics
and Forecasting
a) Cooperate with Department of Credit for Economic
Sectors in dealing with difficulties that arise during implementation of Decree
No. 31/2022/ND-CP and this Circular;
b) Participate in the task force for support of
interest rate subsidies in accordance with Point dd Clause 1 Article 10 of
Decree No. 31/2022/ND-CP.
5. Central Banking Inspection
and Supervision Authority
a) Inspect and supervise the granting of loans
benefiting from interest rate subsidies of commercial banks;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Participate in the task force for support of
interest rate subsidies in accordance with Point dd Clause 1 Article 10 of
Decree No. 31/2022/ND-CP.
6. Department of Communication
a) Communicate and publicize interest rate subsidy
policies in accordance with Decree No. 31/2022/ND-CP and this Circular;
b) Cooperate with Department of Credit for Economic
Sectors in dealing with difficulties that arise during implementation of Decree
No. 31/2022/ND-CP and this Circular.
7. SBV branches in provinces
and central-affiliated cities
a) Monitor the implementation of interest rate
subsidies and results thereof of branches of commercial banks in provinces and
central-affiliated cities and produce reports; request Governor of SBV,
Chairpersons of People’s Committees of provinces and central-affiliated cities
to handle arising issues;
b) Inspect and supervise the granting of loans
benefiting from interest rate subsidies of commercial banks and branches of
commercial banks in provinces and central-affiliated cities and produce
reports; request Governor of SBV to handle arising issues;
c) Report to People’s Committees of provinces and
cities to request cooperation between local authorities and commercial banks in
recollecting granted interest subsidies in accordance with Clause 3 Article 9
of Decree No. 31/2022/ND-CP.
Article 10. Implementation
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 11. Organization for implementation
Chief of Office, Director of Department of Credit
for Economic Sectors, heads of entities affiliated to SBV, and commercial banks
are responsible for implementation of this Circular./.
PP. GOVERNOR
DEPUTY GOVERNOR
Dao Minh Tu
APPENDIX 01
(Attached to
Circular No. 03/2021/TT-NHNN dated May 20, 2022 of Governor of State Bank of
Vietnam)
DETERMINING
INTEREST RATE SUBSIDY QUOTA FOR COMMERCIAL BANKS
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Ii =
40.000 x Ci/ΣCi (billion VND)
In which: - Ii refers to interest rate
subsidy quota of the commercial bank i in the year 2022 and 2023 determined
based on outstanding debt balance ratio;
- Ci refers to
outstanding debt balance of the commercial bank i by December 31, 2021;
- ΣCi refers to
total outstanding debt balance of all commercial banks which register interest
rate subsidy plans;
Step 2: If interest rate subsidies registered under
the plan by a commercial bank is less than or equal to the quota under step 1,
interest rate subsidy quota of the commercial bank shall equal that registered
under the plan;
Step 3: If interest rate subsidies registered by a
commercial bank is greater than the quota determined under step 1, interest
rate subsidy quota of this commercial bank shall be:
Iii =
(40.000 - ΣIi) x Cii/ΣCii
In which: - Iii refers to interest rate subsidy
quota for the commercial bank under step 3 (the commercial bank ii) in 2022 and
2023 determined based on outstanding debt balance ratio;
- ΣIi refers to
total interest rate subsidy quotas of commercial banks under step 2;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- ΣCii refers to
total outstanding debt balance of commercial banks ii by December 31, 2021;
Step 4: If interest rate subsidies registered under
the plan by a commercial bank is less than or equal to the quota under step 3,
interest rate subsidy quota of the commercial bank shall equal that registered
under the plan;
Step 5: If interest rate subsidies registered under
the plan of a commercial bank is greater than the quota under step 3, continue
to use methods mentioned under step 3 and step 4 until the 40.000 billion VND
runs out.
APPENDIX 02
(Attached to
Circular No. 03/2021/TT-NHNN dated May 20, 2022 of Governor of State Bank of
Vietnam)
NAME OF
COMMERCIAL BANK
-------
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Report data of: ………
(month), …… (year)
Unit: VND, borrower
No.
Sector
Outstanding
debt balance benefiting from interest rate subsidy on the last day of the
reporting month
In the
reporting month alone
From the
beginning of the program to the end of the reporting month
Loan amount
benefiting from interest rate subsidies
Number of
borrowers benefiting from interest rate subsidies
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Loan amount
benefiting from interest rate subsidies
Number of
borrowers benefiting from interest rate subsidies
Interest
rate subsidies provided
(1)
(2)
(3)
(4)
(5)
(6)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
(8)
(9)
I
Interest rate subsidy for economic sectors
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1
Economic sectors
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.1
Aviation, warehouse transport (H)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
In which: Aviation
1.2
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.3
Accommodation and food and drink services (I)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.4
Education and training (P)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.5
Agriculture, forestry, and aquaculture (A)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.6
Processing and manufacturing industry (C)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.7
Software publishing (J582)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.8
Computer programming and related activities (J62)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.9
Information service activities (J63)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2
Execution of projects for social housing,
worker’s house construction, and old apartment renovation
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Social houses
2.2
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2.3
Renovation of old apartments
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
II
Borrowers
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1
Enterprise
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2
Cooperative
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3
Household businesses
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
III
Total (=I=II)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
How to fill in the report:
1. Regulated entities:
Commercial banks that receive notice on interest rate subsidy quota.
2. Submission deadline: The 20th
of each month.
3. Requirements for report
data:
- Head offices of commercial
banks shall submit reports to SBV via the consolidated report system of SBV,
including:
+ Data of the whole system.
+ Data of each branch of each commercial bank in
the system.
- Data type: integer, up to 20
digits.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Specific guidance:
- Report data do not include
loans whose paid interest rate subsidies must be recollected in accordance with
Article 9 of Decree No. 31/2022/ND-CP.
- Column (3): Outstanding loan
balance benefiting from interest rate subsidies at the final date of the
reporting month.
- Column (4): Loan amount
benefiting from interest rate subsidies in the reporting month.
- Column (5): Number of
borrowers benefiting from interest rate subsidy in the reporting month
(corresponding to column 4).
- Column (6): Interest rate
subsidies provided by the commercial bank in the reporting month.
- Column (7): Loans benefiting
from interest rate subsidy accumulated from the beginning of the program until
the end of the reporting month.
- Column (8): Number of
borrowers benefiting from interest rate subsidies accumulated from the
beginning of the program until the end of the reporting month (corresponding to
column 7).
- Column (9): Total interest
rate subsidies provided by the commercial bank accumulated from the beginning
of the program to the end of the reporting month.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
APPENDIX 03
(Attached to
Circular No. 03/2021/TT-NHNN dated May 20, 2022 of Governor of State Bank of
Vietnam)
NAME OF
COMMERCIAL BANK
-------
REPORT ON
TRANSFERING INTEREST RATE SUBSIDY QUOTA OF 2022 TO 2023 IN ACCORDANCE WITH
DECREE NO. 31/2022/ND-CP AND CIRCULAR NO. 03/2022/TT-NHNN
(attached to Official Dispatch No. …………… of commercial bank)
Report data of: ………
(month), …… (year)
Unit: VND
Interest rate
subsidies accumulated from the beginning of the program to the end of the
reporting month (month T)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Interest rate
subsidies expected to be accumulated from the beginning of the program until
December 31, 2022
Interest rate
subsidy quota of 2022
Expected unused
interest rate subsidy quota of 2022 requested for transfer to 2023
(1)
(2)
(3)
= (1)+(2)
(4)
(5)=(4)-(3)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Record maker
(Signature and full name)
Control
(Signature and full name)
(Location and
date)
General Director
(Signature and seal)
How to fill in the report:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Submission deadline: Before
the 20th of October, November, and December of 2022 (for reports of
September data, October data, and November data of 2022 respectively).
3. Commercial banks shall
submit written reports to the State Bank of Vietnam (via Department of Credit
for Economic Sectors).
4. Specific guidance:
Report data do not include loans whose paid
interest rate subsidies must be recollected in accordance with Article 9 of
Decree No. 31/2022/ND-CP.
APPENDIX 04
(Attached to
Circular No. 03/2021/TT-NHNN dated May 20, 2022 of Governor of State Bank of
Vietnam)
NAME OF
COMMERCIAL BANK
-------
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
REPORT ON
EXPECTED INTEREST RATE SUBSIDY PROVIDED BY STATE BUDGET IN ACCORDANCE WITH
DECREE NO. 31/2022/ND-CP
(attached to
Official Dispatch No. ……… of the commercial bank)
Unit: VND, borrower
Accumulated results from January 1, 2023 to June 30,
2023
Expected results from July 1, 2023 to December 31,
2023
Expected accumulated results from January 1, 2023 to
December 31, 2023
Interest rate subsidy quota of 2023
Loan amount benefiting from interest rate subsidies
Number of borrowers benefiting from interest rate
subsidies
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Loan amount benefiting from interest rate subsidies
Number of borrowers benefiting from interest rate
subsidies
Interest rate subsidies provided by the commercial
bank
Loan amount benefiting from interest rate subsidies
Number of borrowers benefiting from interest rate
subsidies
Interest rate subsidies provided by the commercial
bank
(1)
(2)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
(4)
(5)
(6)
(7)=(1)+(4)
(8)=(2)+(5)
(9)=(3)+(6)
(10)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Additional interest rate subsidy quota required:
………………… (VND)
Unused interest rate subsidy quota: ………………… (VND)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Record maker
(Signature and full name)
Control
(Signature and full name)
(Location and
date)
General Director
(Signature and seal)
How to fill in the report:
1. Regulated entities:
Commercial banks that receive notice on interest rate subsidy quota.
2. Submission deadline: Before
the end of July 20, 2023.
3. Commercial banks shall
submit written reports to the State Bank of Vietnam (via Department of Credit
for Economic Sectors).
4. Specific guidance:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
- Column (10): includes
interest rate subsidy quota of 2023 according to notice of State Bank of
Vietnam in accordance with Clause 5 Article 4 hereof and unused quota of 2022
transferred to 2023 in accordance with Clause 6 Article 4 hereof.
Đã cập nhật Luật Đất đai 2024 mới nhất