THE STATE
BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 16/2013/TT-NHNN
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Hanoi, June 27, 2013
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CIRCULAR
PROVIDING
FOR THE MAXIMUM INTEREST RATES OF VND SHORT-TERM LOANS IMPOSED BY CREDIT
INSTITUTIONS AND FOREIGN BANKS’ BRANCHES ON THEIR
BORROWERS IN ORDER TO SATISFY THE DEMAND FOR CAPITAL SERVING SOME ECONOMIC
SECTORS AND FIELDS
Pursuant to the Law on 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 Government’s
Decree No.96/2008/ND-CP dated August 26, 2008 regulating functions, tasks,
powers and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of
the Monetary policy department;
The Governor of the State bank of
Vietnam promulgates the Circular providing for the maximum interest rates of
VND short-term loans imposed by credit institutions and foreign banks’branches
on their borrowers in order to satisfy the demand for capital serving some
economic sectors and fields,
Article 1. The interest rates of
VND short-term loans imposed by credit institutions and foreign banks’ branches
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2. The short-term loans in Vietnam
dong being applied the maximum loaning interest rates as prescribed in clause 1
this Article are loans that satisfy the capital demands for:
a) Serving the agricultural and rural
development as prescribed in the Government's Decree No. 41/2010/ND-CP of April
12, 2010 on the credit policy serving the agricultural and rural development;
b) Executing the plans and projects
of production and trading of exports as prescribed in the Commercial Law;
c) Serving the production and trading
of medium- and small-sized enterprises prescribed in the Government's Decree
No. 56/2009/ND-CP dated June 30, 2009 on supporting the development of medium-
and small-sized enterprises;
d) Developing the ancillary
industries as prescribed in the Prime Minister’s Decision No. 12/2011/QD-TTg dated
February 24, 2011 on the policies on the development of some ancillary
industries;
e) Serving the production and
business of the high-tech application enterprises as prescribed in the Law on
High Technologies, and relevant laws.
Article 2. Responsibilities of borrowers
1. The borrowers of credit
institutions and foreign banks’ branches eligible for the loan interest rates
prescribed in Article 1 of this Circular are the borrowers that satisfy the
loan conditions in accordance with the provisions of the State bank of Vietnam
on the loans given by credit institutions and foreign banks’ branches to their
clients, and their financial conditions are transparent and healthy as assessed
by the credit institution and branches of foreign banks.
2. The borrowers shall provide the
information and documents proving the purposes of capital loans serving to the
disciplines eligible for the loan interest rates prescribed in this Circular,
and take responsibility before law for the honesty and accuracy of the
information and documents provided.
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1. Credit institutions and foreign
banks’ branches shall publicly post the loan interest rates, the criteria for
identifying borrowers as prescribed in Clause 2 Article 1 and Clause 1 Article
2 of this Circular.
2. The credit institutions and
foreign banks’ branches shall supply loans to the borrowers prescribed in this
Circular in accordance with the laws on loaning and the safety ratio in business
operation of credit institutions and foreign banks’ branches, and other
regulations of relevant laws; do not collect the charges related to the loans
given to clients, except for some charges prescribed in the Circular No. 05/2011/TT-NHNN dated March 10, 2011 of the Governor
of the State bank of Vietnam, on the collection of loaning charges of credit
institutions to their clients.
Article 4. Organization for
implementation
1. This Circular takes effect on June
28, 2013 and replaces the Circular No. 10/2013/TT-NHNN dated March 10, 2013 of
the Governor of the State bank of Vietnam providing for maximum interest rate
of the short-term loan in Vietnam dong of the credit institutions and foreign
banks’ branches for loan clients to meet the funds demand to serve a number of
areas and economic sectors.
2. The loan interest rates in the
credit contracts signed before this Circular takes effect shall remain
unchanged in accordance with the signed credit contracts and law provision at
the time of contract signing.
3. For the loans not being prescribed
in this Circular, credit institutions and foreign banks' branches shall comply
with the Circular No. 12/2010/TT-NHNN dated April 14th 2010 of the Governor
of the State bank of Vietnam, guiding the loans in VND given by credit
institutions to their clients at agreed interest rate.
4. The Director of the Administrative
Department, Director of the Monetary Policy Department and Heads of units of
the State Bank of Vietnam, Directors of the State Bank’s branches in provinces
and cities under the central Government’s management; Chairmans of Board of
Directors and Members' Councils and General Directors (Directors) of credit
institutions, foreign banks’ branches and related organizations, individuals
shall be responsible for the implementation of this Circular.
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