Decision No. 497/QD-TTg dated April 17, 2009 of the Prime Minister on giving interest rate support to loans for procurement of machine, equipments, materials to serve agricultural production and materials for building dwelling houses in rural areas

DECISION

ON GIVING INTEREST RATE SUPPORT TO LOANS FOR PROCUREMENT OF MACHINE, EQUIPMENTS, MATERIALS TO SERVE AGRICULTURAL PRODUCTION AND MATERIALS FOR BUILDING DWELLING HOUSES IN RURAL AREAS

PRIME MINISTER OF GOVERNMENT

-         Pursuant to the Law on Government’s Organization dated 25 December 2001;

-         Pursuant to Resolution No. 12/NQ-CP dated 6 April 2009 of the Government on building the mechanism, policy on giving support to subjects in rural areas to procure machines, equipments, materials for agricultural production;

-         In consideration of proposals of Ministers of Industry and Trade, Agriculture and Rural Development, Finance and the Governor of the State Bank of Vietnam,

Decides:

Article 1. The State shall give interest rate support to short, medium term VND loans by organizations, individuals to procure machines, equipments, facilities, materials for agricultural production and materials for building dwelling houses in rural areas.

Article 2. Subjects and scope of application

1. State owned commercial banks, joint stock commercial banks, joint venture banks, foreign banks’ branches operating in Vietnam, 100% foreign owned banks, finance companies and Central People’s Credit Fund (hereinafter referred to as commercial banks).

2. VND loans by organizations, individuals for procurement of machines, equipments, facilities, materials for agricultural production and procurement of construction materials in rural areas, except for loans which have been entitled to interest rate support under provisions in the Decision No. 131/QD-TTg dated 23 January 2009 of Prime Minister and the Decision No. 443//QD-TTg dated 4 April 2009 of Prime Minister.

Article 3. Goods to be produced domestically shall be entitled to interest rate support:

1. Machinery products, mechanical equipments, facilities to serve agricultural production and processing:

a. Internal combustion engines: small engines with less than 30CV, hydraulic engine with less than 80CV;

b. Combine harvester;

c. Tractor, plough, ripper, earth-working machine;

d. Reaping machine, thresher, agricultural product dryer, rice mill, water pump, electrical generator, tea leaf tumbling machine, corn sheller/gin, seed drill;

dd. Oxygen aerator for aquaculture, motor boat, canoe of all kinds;

e. Lawn mower, lawn cutter, mill, mixer, pelleter, performing machine of food for cattle and fowls, milking machine, incubator of fowls;

g. Light lorry,

h. Personal computer

2. Materials for agricultural production

a. Chemical fertilizer of all kinds

b. Pesticide

3. Major construction materials for building dwelling houses in rural areas.

Article 4. Principles of lending and giving interest rate support and conditions for loan

1. Commercial banks shall provide loan under the normal credit mechanism; carry out the interest rate support in accordance with provisions in this Decision and guidance of the State Bank of Vietnam; deduct amount of supported interests from the amount of interests payable for borrowing organizations, individuals upon the maturity of loan interest collection; not be authorized to refuse interest rate support if the loan is entitled to interest rate support.

2. Conditions for loan in respect of borrowing organizations, individuals:

a. Being a subject stipulated in Article 1 and goods stipulated in Article 3 of this Decision.

b. Having legal residence address and being certified by People’s Committee of district, ward, townlet as direct producer (not buying for selling again)

c. Availability of borrowing contract with commercial bank in accordance with applicable provisions.

Article 5. Maximum amount of loan, supporting interest rate, term of interest rate support

1. Maximum amount of loan and supporting interest rates:

a. In respect of machinery products, mechanical equipments, facilities to serve agricultural production and processing and computers: the maximum amount of loan shall be equal to 100% of goods value (except for computer, it shall not be in excess of 5 million dong/ item) and they shall be entitled to 100% loan interest rate support;

b. In respect of agricultural materials: the maximum amount of loan shall be equal to 100% of goods value, but not in excess of 7 million dong/ha and they shall be entitled to 4% loan interest rate support;

c. For construction materials of all kinds for building dwelling houses: the maximum amount of loan shall be equal to 100% of goods value, but not in excess of 50 million dong and they shall be entitled to 4% loan interest rate support;

2. Term of interest rate support:

Loans performed under credit contracts to be signed, disbursed from 1 May 2009 to 31 December 2009 of organizations, individuals for:

a. Machinery products, mechanical equipments, facilities to serve agricultural production and processing and computers: loan term entitled to interest rate support shall be 24 months at most.

b. Agricultural materials and construction materials of all kinds for building dwelling houses, the loan term entitled to interest rate support shall be 12 months at most.

Article 6. Refunding amount of interest rate support to banks

1. On monthly basis, the State Bank of Vietnam shall refund money amount to commercial banks which gave interest rate support to organizations, individuals on the basis of reports and proposals of commercial banks.

2. Supporting budget under provisions in this Decision shall be deducted from interest rate support source of the Government.

Article 7. Conditions for goods entitled to loan interest rate support under this Decision.

1. Products which are domestically made

2. Products which are registered and have selling price listed and goods label in accordance with current provisions of applicable laws.

Article 8. Organization of implementation

1. The State Bank of Vietnam shall preside over, coordinate with the Ministry of Finance, Ministry of Industry and Trade and Ministry of Agriculture and Rural Development to provide guidance (ensuring procedures to be simple, convenient and suitable with operating conditions of organizations, individuals in rural areas), inspect, supervise and make periodical report to the Prime Minister for the implementation of this Decision.

2. Ministry of Industry and Trade shall preside over, coordinate with Ministries, industries and localities to carry out inspection, supervision to ensure goods to be supplied sufficiently, with right quality and in line with provisions in Article 7 of this Decision.

3. People’s Committee in provinces, cities under the central Governments’ management shall:

a. Direct government of districts, wards, townlets to determine subjects entitled to loan in accordance with this Decision;

b. Based on capacity of local budget, take initiative in supporting the procurement of machine, equipment, facilities, materials for agricultural production and materials for building dwelling houses in rural areas besides support policy stipulated in this Decision.

4. Ministry of Information and Communications shall direct mass media agencies to propagandize and publicly spread policies, guidelines, commodities, subjects entitled to interest rate support for the knowledge and access to supporting loans of the State by people as stipulated in this Decision.

5. Commercial banks shall carry out interest rate support in accordance with provisions in this Decision and guidance of the State Bank of Vietnam.

6. Organizations, individuals shall:

a. Carry out borrowing procedures in accordance with guidance by lending commercial bank

b. Take responsibilities to the law for the use of loan funds, ensuring the right purpose and ability to make full and timely payment of loan principals and interests in accordance with applicable provisions.

Article 9. This Decision shall be effective from the date of signing.

Article 10. The Governor of the State Bank of Vietnam, Ministers, Heads of ministerial level agencies, Heads of Government’s agencies, President of People’s Committee of provinces, cities under the central Government’s management, Chairman of Board of Directors, General Managers of commercial banks shall be responsible for the implementation of this Decision.