THE
STATE BANK
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
05/2002/TT-NHNN
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Hanoi, September 27, 2002
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CIRCULAR
GUIDING LOAN CAPITAL
PROVISION TO PRODUCERS AND ENTERPRISES SIGNING CONTRACTS ON COMMODITY FARM
PRODUCE CONSUMPTION UNDER THE PRIME MINISTER’S DECISION No. 80/2002/QD-TTg OF
JUNE 24, 2002
In furtherance of the provisions in Clause 3,
Article 3 and Clause 4, Article 8 of the Prime Minister’s Decision No.
80/2002/QD-TTg of June 24, 2002 on policies to encourage the contractual sale
of commodity farm produce, the State Bank Governor hereby guides commercial
banks to provide loans and apply the mechanism of loan security with properties
formed from loan capital or with trust guarantee, as well as interest rates to
producers and enterprises that have signed contracts on commodity farm produce
consumption as follows:
1. Commercial banks shall accelerate the
mobilization of domestic capital and take advantage of foreign assistance
capital source, so as to ensure adequate loan capital to be provided for
producers and enterprises that have signed contracts on commodity farm produce
consumption in the forms prescribed in Article 2 of the Prime Minister’s
Decision No. 80/2002/QD-TTg:
- Producers, including: cooperatives, peasant
households, farm owners and representatives of peasant households engaged in
agricultural, forestry, and aquacultural production and salt-making that have
signed commodity farm produce consumption contracts with commodity farm
produce-consuming enterprises;
- Enterprises of various economic sectors, which
have signed contracts on the consumption of commodity farm produce or salt with
producers.
2. Commercial banks shall provide loans to
producers and enterprises that have signed contracts on commodity farm produce
consumption under commercial credit mechanism and apply some measures as
follows:
a) To take initiative in approaching and
evaluating loan demands of producers and enterprises; for efficient and
feasible production and business plans as well as investment projects, to
promptly sign credit contracts and disburse the loan capital according to the
tempo of contractual performance, suitable to the crop seasons and demands of
producers and enterprises.
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c) The mortgage and pledge of properties by
producers and enterprises, and trust guarantee by the third party for producers
and enterprises shall be effected under the current mechanism applicable at the
time of loan provision. Cases where the producers and enterprises borrow loans
without property security (loan provision with trust guarantee) and make loan
security with property formed from loan capital shall comply with the
following:
- Peasant households, farm owners and
representatives of peasant households engaged in agricultural, forestry and
aquacultural production or salt making, that borrow loans of up to VND 20
million for production of commodity farm produce or under VND 50 million for
production of aquatic breeds, shall not have to mortgage their properties;
cooperatives and enterprises, which borrow loans of under VND 50 million for
production of aquatic breeds, shall not have to mortgage their properties. The
provision of these loans shall comply with the provisions of such documents as
Resolution No. 11/2000/NQ-CP of July 31, 2000, Decision No. 103/2002/QD-TTg of
August 25, 2000, Circular No. 10/2000/TT-NHNN1 of August 31, 2000 and Document
No. 934/CV-NHNN1 of September 25, 2000 of the State Bank Governor.
- Commercial banks shall consider and opt for
loan provision without property security to producers and enterprises that have
efficient production and business projects and plans according to the provisions
in Article 20 of Decree No. 178/1999/ND-CP of December 29, 1999 and Clause 6,
Section III of Resolution No. 11/2000/NQ-CP of July 31, 2000, Section 1,
Chapter IV of Circular No. 06/2000/TT-NHNN1 of April 4, 2000 and Clause 2,
Section I of Circular No. 10/2000/TT-NHNN1 of August 31, 2000 of the State Bank
Governor.
- Producers being poor households may borrow
capital from the Bank for the Poor without having to mortgage their properties
or from commercial banks with trust guarantee by socio-political organizations
according to the provisions in Section III, Chapter IV of Decree No.
178/1999/ND-CP of December 29, 1999.
- Producers and enterprises may mortgage their
properties formed from loan capital to borrow short-, medium-, and long-term
loans according to the provisions in Clause 2, Article 14 of Decree No.
178/1999/ND-CP of December 29, 1999, provided that such properties meet the
conditions prescribed in Clause 2, Article 15 of that Decree.
3. On lending interest rates
a) The commercial banks shall apply the lending
interest rates as agreed upon with producers and enterprises, in conformity
with the capital demand-supply on the market and their own customer policies.
b) To reduce lending interest rates applicable
to producers and enterprises under the current regulations of the Government
and Vietnam State Bank as follows:
- Producers and enterprises in mountainous
regions III, off-shore islands and areas concentratedly inhabited by Khme
ethnic minority, when borrowing capital from State-run commercial banks, shall
be entilted to a reduction of 20% as compared to the common lending interest
rates.
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- Producers and enterprises in mountainous
regions II covered by the Programs on communes meeting with exceptional
difficulties in the provinces of Gia Lai, Kon Tum, Dac Lac and Lam Dong,
prescribed in the Prime Minister’s Decisions No. 1232/1999/QD-TTg of December
24, 1999 and No. 42/2001/QD-TTg of March 26, 2001, when borrowing capital from
State-run commercial banks, shall be entitled to a reduction of 30% as compared
with common lending interest rates.
4. Commercial banks shall timely grasp
the projects on production, processing and consumption of commodity farm
produce eligible for interest rate support from local budgets under the Finance
Ministry’s guidance, so as to obtain basis to expertise the principal and
interest repayment capability and create favorable conditions for producers and
enterprises to borrow capital for the implementation of the signed contracts.
5. Implementation organization
a) This Circular takes effect 15 days after its
signing.
b) The heads of the agencies under the State
Bank, the directors of the State Bank’s provincial/municipal branches, the
chairmen of the management boards and the general directors (directors) of
commercial banks shall have to implement this Circular.
FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Phung Khac Ke