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THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
04/2009/TT-NHNN
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Hanoi,
March 13, 2009
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CIRCULAR
ON
AMENDMENT, SUPPLEMENT OF THE CIRCULAR NO. 02/2009/TT-NHNN DATED 3 FEBRUARY 2009
PROVIDING IN DETAILS FOR THE IMPLEMENTATION OF GIVING INTEREST RATE SUPPORT TO
ORGANIZATIONS, INDIVIDUALS THAT BORROW CAPITAL FROM BANKS TO CARRY OUT
PRODUCTION AND BUSINESS
Pursuant to the Resolution
No. 30/2008/NQ-CP dated 11 December 2008 of the Government on urgent solutions
for preventing economic decline, maintaining economic growth, ensuring social
security;
Pursuant to the Decision No. 131/QD-TTg dated 23 January 2009 of the Prime
Minister on giving interest rate support to organizations, individuals that
borrow capital from banks to carry out productions and business;
Pursuant to the Decision No. 333/QD-TTg dated 10 March 2009 of the Prime
Minister on amendment, supplement of several Articles of the Decision No.
131/QD-TTg dated 23 January 2009 of the Prime Minister on giving interest rate
support to organizations, individuals that borrow capital from banks to carry
out production and business;
The State Bank of Vietnam hereby
amends and supplements the Circular No. 02/2009/TT-NHNN dated 3 February 2009
providing in details for the implementation of giving interest rate support to
organizations, individuals that borrow capital from banks to carry out
production and business as follows:
Article 1. To amend,
supplement Article 1 and Appendix of the Circular No. 02/2009/TT-NHNN dated 3
February 2009 providing in details for the implementation of giving interest
rate support to organizations, individuals that borrow capital from banks to
carry out production and business as follows:
1. To amend, supplement Article
1 as follows:
“1. Credit institutions which
lend to organizations, individuals in accordance with provisions of applicable
laws shall be entitled to give interest rate support, including:
- State owned commercial banks,
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- Joint venture banks,
- Foreign bank branches
operating in Vietnam,
- 100% foreign owned banks;
- Central People’s Credit Fund
- Finance companies (except for specialized
finance companies engaging in consumer credit area and card area in accordance
with provisions of applicable laws) shall comply with provisions of State Bank
of Vietnam on prudential ratios in operation of credit institutions, setting up
and use of provisions against credit risk in banking activity and has ratio of
bad debt over total credit outstanding to be of less than 5%. The list of
finance companies entitled to take part in giving interest rate support is
stated on the Appendix 01 of this Circular.
Credit institutions under
provisions of this paragraph, hereinafter referred to as commercial banks”
b. To supplement point c and d
to Paragraph 3 as follows:
“c. Loans classified by
sub-branch of mining industry as stipulated in Appendix 7 of the Decision No.
477/2004/QD-NHNN dated 28 April 2004 of the Governor of the State Bank and the
Decision No. 143TCTK/PPCD dated 22 December 1993 of the Director of General
Statistic Office on the issuance of system of economic industries of
level II, level III and level IV.”
d. Loans to economic
organizations which are established and operating in accordance with applicable
law of Vietnam for purchase of materials, goods, labour payment and payment of
other expenses arising domestically to serve oversea production - business
plans.”
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“b. Short term VND loans which
are listed by economic industry in the Appendix 7 of the Decision No.
477/2004/QD-NHNN and the Decision No. 143TCTL/PPCD:
- Loans to finance- banking and
insurance activity include loan for direct and indirect investment to abroad
(except for loans to economic organizations in accordance with provisions in
point b paragraph 1 Article 1 of this Circular), repayment of foreign loans, debt
repayment to other credit institutions, repayment of loans to lending
commercial banks;
- Activities related to asset
business and consultancy service;
- State management and national
defense security, Party, unions, compulsory social security
- Education and Training
- Health care and social relief
activity
- Cultural and sport activity
including recreation and entertainment business
- Activities serving individuals
and public (including loan extension for satisfying funds demand for living,
loan extension through operation of credit card issuance and use)
- Service activity at households
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2. To replace Form 03 and 04 in
the Appendix of Circular No. 02/2009/TT-NHNN with Appendix 02 and 03 of this
Circular.
Article 2. Application of
retroactive effect
Loans which arose from 1
February 2009 and belong to subjects of interest rate support as provided for
in this Circular and take effect, but have not yet been applied the mechanism
of interest rate support, commercial banks shall give interest rate support in
accordance with provisions of applicable laws since the date of arising the
loan.
Article 3. Organization
of implementation
1. This Circular shall be
effective from the date of signing
2. The Director of
Administrative Department, Director of Monetary Policy Department and Heads of
units of the State Bank, General Managers of the State Bank branches in
provinces, cities under the central Government’s management; Chairman of Board
of Directors and General Managers (Managers) of commercial banks, borrowers
shall be responsible for the implementation of this Circular.
GOVERNOR
OF THE STATE BANK OF VIETNAM
Nguyen Van Giau
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APPENDIX 01
REGARDING FINANCE COMPANIES
ENTITLED TO TAKE PART IN GIVING INTEREST RATE SUPPORT UNDER THE DECISION NO.
333/QD-TTG OF PRIME MINISTER DATED 10 MARCH 2009.
1. Rubber Finance Company
2. Coal and Mineral Financial
Company
3. Petrolvietnam Finance Company
4. Vinashin Finance Company
5. Handico Finance Company
APPENDIX 02
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REPORT
ON THE IMPLEMENTATION OF LOAN INTEREST RATE SUPPORT UNDER THE DECISION NO.
131/QD-TTG AND THE CIRCULAR NO. 04/2009/TT-NHNN CLASSIFIED BY ECONOMIC
INDUSTRY, SECTOR AND BORROWER
Month.....
2009
Unit:
VND
Norm
In
reporting month
Accumulated
from 1/2/2009 to the end of the reporting month
Number
of borrowers entitled to interest rate support
Loan
outstanding entitled to interest rate support at the end of reporting month
Amount
of loan interests payable to be calculated under the interest rate stated in
the credit contract
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Number
of borrowers entitled to interest rate support
Amount
of loan interests already used for interest rate support to borrowers
I. Total of loans entitled
to interest rate support by economic industry, sector
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- Aquaculture
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- Processing industry
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- Production and distribution
of electricity
- Construction
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- Commercial industry, repair of
motor vehicles, motor, motorbike, belongings and household utensils
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- Hotels and restaurants
- Transportation, warehouse
and communication
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- Activity of science and technology
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- Mining industry
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II. Total of loans entitled
to interest rate support classified by borrower
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- Enterprise
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- Cooperative
- Other organization
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- Household and individual
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CHIEF ACCOUNTANT
(Head of Accounting Division)
HEAD OF INTERNAL
Inspection/Audit Division
.........,
date......
GENERAL MANAGER
Guidance on synthesizing
and sending report
- This report shall be sent by commercial
banks to State Bank of Vietnam under the address of Monetary Policy Department
- State Bank of Vietnam (email: phongcstd@sbv.gov.vn; fax:
04-38246953/38240132) and by commercial banks’ branches to State Bank branch in
provinces, cities under the central Government’s management.
- To classify loans which are
entitled to interest rate support by economic industry, sector as stipulated in
the Decision No. 477/2004/QD-NHNN dated 28 April 2004 of the Governor of the
State Bank and the Decision No. 143TCTK/PPCD dated 22 December 1993 of Director
of General Statistics Office
- Column (1): Number of
borrowers entitled to the interest rate support shall be number of enterprises,
cooperatives, other organizations, households and individuals entitled to the
interest rate support, arising in the reporting month (do not count identically
the times of loan items)
- Column (3): Amount of loan
interests payable calculated under the interest rate stated in the credit
contract shall be calculated under the provisions in the Decision No.
652/2001/QD-NHNN dated 17 May 2001of the Governor of the State Bank.
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- Column (5): Accumulation of
number of borrowers entitled to interest rate support shall be equal to the
accumulated number of borrowers in the previous reporting month plus newly
arisen number of borrowers in the reporting month.
- Reporting deadline: On the 10th
, at the latest, of the month right after the reporting month.
- Please to clearly state full
name and telephone number of person in charge of answering details of the
report upon request of the State Bank.
- Any query that may arise
during the implementation process should be promptly reported in writing or via
the telephone number 04-38246955; fax number: 04-38246953
APPENDIX 03
NAME OF COMMERCIAL BANK
REPORT
ON THE IMPLEMENTATION OF LOAN INTEREST RATE SUPPORT ACCORDING TO THE DECISION
NO. 131/QD-TTG AND THE CIRCULAR NO. 04/2009/TT-NHNN CLASSIFIED BY 63 PROVINCES,
CITES UNDER THE CENTRAL GOVERNMENT’S MANAGEMENT
Month.....
2009
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Name
of province, city
In
reporting month
Accumulated
from 1/2/2009 to the end of the reporting month
Number
of borrowers entitled to interest rate support
Loan
outstanding entitled to interest rate support at the end of reporting month
Amount
of loan interest payable to be calculated under the interest rate stated in
the credit contract
Amount
of loan interest already used for interest rate support
Number
of borrowers entitled to interest rate support
Amount
of loan interest already used for interest rate support
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Of which
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1. An Giang Province
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2. Ba Ria, Vung Tau Province
3. Bac Can province
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63. Yen Bai Province
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CHIEF ACCOUNTANT
(Head of Accounting Division)
HEAD OF INTERNAL Inspection/Audit Division
.........,
date......
GENERAL MANAGER (MANAGER)
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Guidance on synthesizing
and sending report:
- To classify loans entitled to
the interest rate support by 63 provinces, cities under the central
Government’s management (classified under the alphabet order)
- Column (1): Number of
borrowers entitled to the interest rate support shall be number of enterprises,
cooperatives, other organizations, households and individuals entitled to the
interest rate support, arising in the reporting month (do not count identically
the times of loan items)
- Column (3): Amount of loan
interests payable calculated under the interest rate stated in the credit
contract shall be calculated under the provisions in the Decision No.
652/2001/QD-NHNN dated 17 May 2001of the Governor of the State Bank.
- Column (4): Amount of loan
interests already used for giving interest rate support to borrowers shall be
synthesized according to the data stated on the Certificate of interest rate
support and total of loan interests already used for interest rate support must
be equal to the amount of interest rate support already recorded on the account
3539 according to the Appendix 01 issued in conjunction with the Official
Dispatch No. 1183/NHNN-TCKT dated 23 February 2009.
- Column (5): Accumulation of
number of borrowers entitled to interest rate support shall be equal to the
accumulated number of borrowers in the previous reporting month plus newly
arisen number of borrowers in the reporting month.
- Reporting recipient: Monetary
Policy Department - State Bank of Vietnam (email: phongcstd@sbv.gov.vn; fax:
04-38246953/38240132) and State Bank branches in provinces, cities.
- Reporting deadline: On the 10th,
at the latest, of the month right after the reporting month.
- Please to clearly state full
name and telephone number of person in charge of answering details of report
upon request of the State Bank.
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