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THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No.
60/2009/QD-TTg
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Hanoi,
April, 17 2009
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DECISION
ON
AMENDMENT, SUPPLEMENT OF SEVERAL ARTICLES OF THE DECISION NO. 14/2009/QD-TTG
DATED 21 JANUARY 2009 OF PRIME MINISTER ON THE ISSUANCE OF THE REGULATION ON
PROVIDING GUARANTEE TO ENTERPRISES WHICH BORROW CAPITAL FROM COMMERCIAL BANKS
THE PRIME MINISTER
- Pursuant to the Law on the
Governments organization dated 25 December 2001;
- Pursuant to the Law on the State Budget dated 16 December 2002;
- Pursuant to the Law on Credit Institutions dated 12 December 1997 and the Law
on the amendment, supplement of several articles of the Law on Credit Institutions
dated 16 May 2004;
- Pursuant to the Decree No. 90/2001/ND-CP dated 23 November 2001 of the
Government on giving support to the development of medium and small
enterprises;
- Pursuant to the Resolution No.30/2008/NQ-CP dated 11 December 2008 of the
Government on urgent solutions for preventing from economic recession,
maintaining economic growth, ensuring social security;
Upon the proposal of the Minister of Finance,
DECIDES:
Article 1. To amend
paragraph 1 and supplement paragraph 3 Article 3 of the Decision No.
14/2009/QD-TTg dated 21 January 2009 of the Prime Minister as follows:
1. To amend paragraph 1 of
Article 3 as follows:
1. To amend, supplement
paragraph 2, Article 15 of the Decision No. 193/2001/QD-TTg dated 20 December
2001 by paragraph 5, Article 5 of the Regulation issued in conjunction with
this Decision.
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3. To replace Article 18 of the
Decision No. 193/2001/QD-TTg dated 20 December 2001 by paragraph 1, Article 8
of the Regulation issued in conjunction with this Decision.
Article 2. To amend,
supplement several articles of the Regulation on providing guarantee to
enterprises which borrow capital from commercial banks issued in conjunction
with the Decision No. 14/2009/QD-TTg dated 21 January 2009 of Prime Minister as
follows:
1. To amend Article 1 as
follows:
Article 1. Subjects entitled to
enjoy loan guarantee
Subjects who are entitled to
enjoy loan guarantee from Vietnam Development Bank shall be enterprises of all
economic sectors (including Cooperatives) of which charter capital is not
higher than 20 billion dong and which employ less than 1,000 laborers
(hereinafter referred to as enterprises).
2. To amend paragraph 2,
Article 2 as follows:
2. Those enterprises which
borrow capital for realizing product, business projects or plans in areas of
consulting, real estate trading (except for projects of building houses for
selling to people with low income; accommodation for lease to workers and
students; building cemetery), securities trading; which borrow money for making
loan payment of other credit contracts, shall not be entitled to enjoy
guarantee.
3. To amend paragraph 3,
Article 5 as follows:
3. To have no overdue debt at
credit institutions. If an enterprise is owning overdue debts to credit
institutions, but it has investment projects, business, production plans and
undertakes to be able to make payment of overdue debts, the Guaranteeing Party
shall appraise and decide on the provision of loan guarantee to such enterprise
in accordance with this Regulation.
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5. To amend paragraph 6,
Article 5 as follows:
6. To use assets created from
loan fund to realize investment project for pledge, security, guarantee at the
guaranteeing Party.
6. To amend Article 7 as
follows:
Article 7. Term of loan
guarantee
The term of loan guarantee shall
be in line with the loan term of the guarantee receiving Party (including the
time of loan rescheduling, if any).
7. To amend paragraph 3,
Article 10 as follows:
3. Based on the application for
loan of the enterprise and the written notice of guarantee approval of the
guaranteeing Party, the guarantee receiving Party shall consider and sign a
credit Contract with the said enterprise. The Guarantee Receiving Party shall
not be required to appraise again the conditions stipulated in Article 5 of
this Regulation.
8. To amend item k, paragraph
1, Article 14 as follows:
k. To refuse performing
guarantee obligation where the guaranteed Party uses loan funds, assets created
from loan funds for the wrong purpose.
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b. To inspect, supervise the use
of loan funds and assets created from loan funds by the guaranteed Party to
ensure such loan funds and assets to be used for the right purpose as committed
in the credit Contract in a safe and efficient manner.
10. To amend the first dash
of paragraph 3, Article 15 as follows:
- To provide guidance to and
have mechanism on facilitating commercial banks in the application of loan
interest rate with guarantee which is lower than the common loan interest rate
of the commercial banks in order to ensure the preference of the actual loan
interest rate to borrowing enterprises;
Article 3. This Decision
shall be effective since the date of signing.
Article 4. Ministers,
Heads of Ministerial level agencies, Heads of Governmental agencies,
Chairperson of the Peoples Committee of provinces, cities under the Central
Governments management, Chairperson of the Management Board, General Manager of
Vietnam Development Bank shall be responsible for the implementation of this
Regulation.
PRIME
MINISTER
Nguyen Tan Dung