STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
18/2009/TT-NHNN
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Hanoi,
August 14, 2009
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CIRCULAR
PROVIDING
IN DETAILS FOR LENDING BY COMMERCIAL BANKS TO BORROWERS FOR PURCHASE, HIRE PURCHASE
OF LOW END HOUSING AT URBAN AREAS
- Pursuant to the Resolution
No. 18/ND-CP dated 20 April 2009 of Government on some mechanisms, policies in
order to speed up housing development for pupils, students at training establishments
and housing for employers working at centralized industrial zones, persons with
low income at urban areas,
- Pursuant to the Decision No. 67/2009/QD-TTg dated 24 April 2009 of Prime
Minister on the issuance of several mechanisms, policies on housing development
for persons with low income at urban areas.
The State Bank of Vietnam hereby provides in details for lending by commercial
banks to borrowers for purchase, hire purchase of housing at urban areas as
follows:
Chapter I.
GENERAL PROVISIONS
Article 1. Governing laws
Commercial banks lending to
persons entitled to buy, hire purchase low end housing at urban areas shall
comply with provisions of applicable laws on lending by credit institutions in
respect of customers, provisions of this Circular and other provisions of
related laws.
Article 2. Interpretation
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1. Lending to persons who
buy, hire purchase low end housing at urban area (hereinafter referred to
as lending to persons who buy, hire purchase low end housing): means commercial
banks provide loans to borrowers with low income at urban areas, who are
qualified for purchase, hire purchase of low end housing according to the
state’s policy.
2. Purchase of low-end
housing by installment payments means person with low income is entitled to
buy low-end housing and make payment by various installments.
3. Hire purchase of low end
housing: means persons with low income are entitled to hire purchase low
end housing according to policy and hire purchaser shall become owner of the
entire house after making full payment of hire purchase amount under the
contract of hire purchase.
Article 3. Governing scope
and subjects of application
1. Commercial banks established
and operating under the Law on Credit Institutions shall be entitled to provide
loans for purchase with one-off payment, installment payment, hire purchase of
house, to subjects entitled to buy, hire purchase low end housing in accordance
with State policy
2. Persons who borrow capital
from commercial banks to buy, hire purchase low end housing include officers,
civil servants, armed forces who enjoy salary from state budget and low income
people at urban areas.
Article 4. Principles of
lending for purchase, hire purchase of low end housing
1. Apart from provisions stated
in this Circular, commercial banks which provide loans for purchase, hire
purchase of low end housing shall comply with commercial credit mechanism.
2. Giving loan interest rate
support to subjects which buy, hire purchase low end housing shall be carried
out in accordance with instructions of Ministry of Finance.
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4. Loans to borrowers to buy,
hire purchase low end housing must ensure to be provided to the right subject,
for the right purpose, ensure the ability to collect both principals and
interests upon maturity.
Chapter II.
SPECIFIC PROVISIONS
Article 5. Conditions for
borrowing to buy house with one-off payment, buy house with installment payment
and hire purchase low end housing
Subjects as stipulated in
Paragraph 2, Article 3 of this Circular, borrowing capital to buy, hire
purchase low end housing must fully satisfy following conditions:
1. Having civil legal capacity
and civil act capacity
2. Being qualified to buy, hire
purchase low end housing in accordance with provisions in Paragraph 2, Article
6 of the Decision No. 67/2009/QD-TTg dated 24 April 2009 of Prime Minister and provisions
of People’s Committee in provinces, cities under the central Government’s
management; being agreed upon by investor to purchase, hire purchase low end
housing.
3. Their minimum own capital for
purchase, hire purchase of low end housing is
a. Equal to 30% of value of low
end housing according to agreement with investor of low end housing project if
customer borrows capital to buy low end housing with one off payment;
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4. Their financial capacity,
plan of debt repayment are correspondent with the time of debt repayment to the
bank as committed
Article 6. Documents,
procedures, process of appraising, approving loans to customers who borrow for
purchase, hire purchase of low end housing
Pursuant to provisions in this Circular
and general provisions on lending by credit institutions to borrowers,
commercial banks shall provide specific guidance on documents, procedures,
process of appraising, approving loans to customers who borrow for purchase,
hire purchase of low end housing for consistent performance in the system of
commercial banks.
Article 7. Amount of lending
and term of lending for buying, hire purchasing low end dwelling house
1. Lending for buying low end
housing with one-off payment
a. The amount of loan shall be
agreed upon by and between the commercial bank and borrower, but it shall not
exceed 70% of value of low end housing in accordance with agreement made with
the investor of low end housing project.
b. Loan term shall be agreed
upon by and between commercial bank and borrower, but not be lower than 5 years
at the minimum. Where the borrower makes financial arrangement to pay debt
prior to its maturity to the commercial bank, then commercial bank shall not be
entitled to collect fee for pre-mature debt repayment of the borrower.
2. Lending for buying low end
housing with installment payment, lending for hire-purchase of low end housing
a. Commercial bank and the
borrower shall agree about loan limit, provided that it does not exceed 80%, at
the maximum, of value of low end housing by installment payment or hire
purchase according to the agreement made with the investor of low end housing
project. Commercial bank shall only be entitled to calculate interest for
actually arisen outstanding loan of the borrower, not be authorized to collect
fee for granting credit line to the borrower.
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c. Based on the plan and amount
of disbursement and financial plan of the borrower, commercial bank shall agree
upon with the borrower about term, plan and amount of debt payment for each
term by the borrower, but the minimum term of debt payment is 10 years.
Article 8. Interest rate
applicable to loan for purchase, hire-purchase of low end housing
1. Loan interest rate applicable
to subjects of purchase, hire purchase of low end housing shall comply with the
commercial credit mechanism in accordance with provisions of applicable laws.
2. Amount of interest rate
support for borrowers, who buy, hire purchase low end housing, of the State
shall be transferred to commercial banks to directly discount for the borrowers
in periods of interest calculation and collection.
Article 9. Security assets
for loan to buy, hire purchase low end housing
1. Based on actual situation of
borrowers, commercial bank may select methods of loan security in line with
provisions of current laws.
2. Where borrowers completely
make full payment to investor and are granted Certificate of housing ownership,
commercial banks shall be entitled to, after 10 years since the date of signing
contract between borrowers and the investor, require the borrowers to
supplement the house bought, hire- purchased by the bank loan as collaterals to
the commercial banks.
Chapter III.
IMPLEMENTATION ORGANIZATION
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1. To issue guiding document for
contents related to specific features of lending activity for purchase, hire
purchase and mechanism of interest rate support for customers who purchase,
hire purchase low end housing for applying in the system of commercial bank.
2. To perform the lending for
purchase, hire purchase of low-end housing in accordance with provisions in
this Circular and other related documents.
3. To carry out the deduction of
loan interest from support source of the State in accordance with guideline of
the Ministry of Finance.
4. To carry out pre, during and
after lending inspection to ensure the loan is provided for the right purpose
and to the right borrower.
Article 11. Responsibilities
of customers who borrow loan for purchase, hire purchase of low end housing
1. To fully provide information,
materials related to application for loan to purchase, hire purchase low end
housing upon request of commercial bank; to take responsibilities to the law
for the accuracy of information, materials provided to the commercial bank.
2. To correctly comply with
commitment made in the credit contract with the commercial bank
Article 12. Responsibilities
of units of the State Bank
1. Credit Department: to
coordinate with units of the State Bank in dealing with issues related to
lending for purchase, hire purchase of low- end housing
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3. State Bank branches in
provinces, cities under the central Government’s management: To carry out the
inspection, supervision, within their competence, over situation of lending for
purchase, hire purchase of low end housing. To make report, suggestion to
Governor of the State Bank and Chairman of People’s Committee in provinces,
cities under the central Government’s management for dealing with arising
issues related to the lending for purchase, hire purchase of low end housing in
the local area.
Article 13. Regime on
information, reporting
Commercial banks shall be
responsible for summarizing and making periodical report (quarterly) on status
of lending for purchase, hire purchase of low end housing in accordance with
the form attached to this Circular. Quarterly report shall be submitted to the
State Bank (Credit Department) prior to the first 15 days of the following
quarter.
Article 15. Implementing
effectiveness
1. This Circular shall be
effective after 45 days since the date of signing.
2. Director of Administrative
Department, Director of Credit Department and Heads of units of the State Bank
of Vietnam, General Managers of State Bank branches in provinces, cities under
the central Government’s management; Chairman of Board of Directors and General
Managers (Mangers) of commercial banks; subjects that borrow to purchase, hire
purchase low end housing shall be responsible for the implementation of this
Circular.
FOR
THE GOVERNOR OF THE STATE BANK OF VIETNAM
DEPUTY GOVERNOR
Nguyen Dong Tien
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Bank
GENERAL
REPORT ON LENDING TO BORROWERS FOR PURCHASE, HIRE PURCHASE OF LOW END HOUSING
Quarter….Year
(Lending
according to the Circular No. 18/2009/TT-NHNN dated 14 August 2009 of SBV)
Unit:
Million dong
Norm
Opening
loan outstanding
Turnover
arising in the period
Turnover
of debt collection in the period
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Ratio
of bad debt (category 3-5)
Compared
with previous period
Growth
ratio of loan outstanding
Increase
(+)/ Decrease (-) in the ratio of bad debt
(1)
(2)
(3)
(4)
(5)
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(7)
(8)
1. Lending for purchase of low
end housing with one-off payment
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1. Lending for purchase of low
end housing with installment payment
3. Lending for hire purchase
of low end housing
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Total
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Drawer
Controller
General
Manager/ Manager
(Sign and seal)