Decision No. 443/QD-TTg dated April 4. 2009, of the Prime Minister on interest rate supports for organizations and individuals borrowing medium- and long-term bank loans for investment in production and business development

THE PRIME MINISTER

Decision No. 443/QD-TTg of April 4. 2009, on interest rate supports for organizations and individuals borrowing medium- and long-term bank loans for investment in production and business development

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 12, 1997 Law on the State Bank of Vietnam and the June 17, 2003 Law Amending and Supplementing a Number of Articles of the Law on the State Bank of Vietnam;

Pursuant to the December 12, 1997 Law on Credit Institutions and the June 15, 2003 Law Amending and Supplementing a Number of Articles of the Law on Credit Institutions;

Pursuant to the Government’s Resolution No. 30/2008/NQ-CP of December 11, 2008, on some urgent solutions to curb economic decline, maintain economic growth and ensure social welfare;

At the proposal of the Governor of the State Bank of Vietnam and the Minister of Finance,

DECIDES:

Article 1. The State shall provide interest rate supports for Vietnam-dong medium- and long-term bank loans borrowed by organizations and individuals for investment in production and business or infrastructure development.

Article 2. Subjects and scope of application

1. Commercial banks providing interest rate supports under Clause 1, Article 2, of Decision No. 131/QD-TTg of January 23, 2009 on interest rate supports for organizations and individuals borrowing bank loans for production and business activities (below referred to as borrowers) and finance companies providing interest rate supports under Clause 1, Article 1, of Decision No. 333/QD-TTg of March 10, 2009, amending and supplementing a number of articles of Decision No. 131/QD-TTg. The Vietnam Development Bank shall provide interest rate supports for entities eligible for preferential loans with the interest rate support levels specified in this Decision.

2. Vietnam-dong medium- and long-term loans (borrowed by organizations and individuals for investment in production and business or infrastructure development under credit contracts signed before or after April 1, 2009, but actually disbursed as from April 1, 2009) complying with by the State Bank of Vietnam’s regulations on reporting and statistics of economic sectors.

Article 3. Principles on provision of interest rate supports, loan duration and amounts and interest rate support levels

1. Interest rate supports shall be provided on the principle that commercial banks, the Vietnam Development Bank and finance companies shall provide medium- and long-term loans for investment in production and business or infrastructure development under ordinary lending mechanisms and provide interest rate supports in strict accordance with the Prime Minister’s regulations and the State Bank of Vietnam’s guidance.

2. The maximum duration of loans eligible for interest rate supports is 24 months. Interest rate supports shall be provided from April 1, 2009, to December 31, 2011. The Governor of the State Bank of Vietnam shall provide detailed guidance.

3. The interest rate support level is 4%/year, calculated on the actual loan amount and duration as prescribed in Clause 2 of this Article. When collecting loan interests, commercial banks, the Vietnam Development Bank and finance companies shall subtract interest rate support amounts for borrowers.

Article 4. Organization of implementation

1. This Decision takes effect on the date of its signing.

2. The State Bank of Vietnam shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding, examining and supervising the implementation of this Decision.

3. Responsibilities of commercial banks, the Vietnam Development Bank, finance companies and borrowers:

a/ Commercial banks, the Vietnam Development Bank and finance companies shall:

- Provide interest rate supports to borrowers in strict accordance with the Prime Minister’s regulations and the State Bank of Vietnam’s guidance.

- Refrain from refusing to provide interest rate supports for eligible loans; and make periodical reports to the State Bank of Vietnam for examination and supervision of the provision of interest rate supports.

- Provide guidance to borrowers to ensure convenient and safe provision of loans to eligible borrowers.

- Comply with reporting regulations of the Governor of the State Bank of Vietnam.

b/ Borrowers eligible for interest rate supports shall:

- Use loans for proper purposes as stated in credit contracts; and account paid loan interests and interest supports in strict accordance with law.

- Comply with regulations and guidance of commercial banks, the Vietnam Development Bank or finance companies on loan provision procedures and reporting regulations.

4. The Governor of the State Bank of Vietnam, ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial-level People’s Committees, chairmen of boards of directors and directors general or directors of commercial banks, the Vietnam Development Bank, finance companies and borrowers shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
NGUYEN SINH HUNG