Thông tu 09/2009/TT-NHNN Providing in details for the implementation of 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

CIRCULAR

PROVIDING IN DETAILS FOR THE IMPLEMENTATION OF 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

Pursuant to the Resolution No. 30/2008/NQ-CP dated 11 December 2008 of the   Government on urgent solutions for preventing economic decline, maintaining economic  growth, ensuring social security;

Pursuant to the Resolution No. 12/NQ-CP dated 6 April 2009 of the Government on  regular meeting session of the Government in March 2009;P

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

            After coming to united agreement with Ministry of Industry and Trade, Ministry of             Finance and Ministry of Agriculture and Rural Development, the State Bank of Vietnam  would like to provide in details for the implementation of giving interest rate support to    bank loans in Vietnamese Dong by organizations, individuals to procure machines,             equipments, materials to serve agricultural production and materials for building dwelling  houses in rural areas (hereinafter referred to as interest rate support) as follows:

Article 1. Purpose of the interest rate support

The State provides interest rate support to short, medium-term loans in Vietnamese Dong by organizations, individuals (hereinafter referred to as borrowers) to procure machines, mechanical equipments, facilities, materials to serve agricultural production and materials for building dwelling houses in rural areas in order to reduce investment cost, improve production capacity and promote the development of industrial sector through stimulating the demand of investment and consumption in rural areas

Article 2. Subjects and scope of application of provisions on interest rate support

1. Credit institutions which are authorized to give interest rate support to short, medium term loans in Vietnamese Dong of borrowers to procure machine, equipments, facilities, materials to serve agricultural production and materials for building dwelling houses in rural areas, including:

a. Commercial banks as stipulated in paragraph 1 Article 2 of the Decision No.131/QD-TTg dated 23/01/2009 of the Prime Minister on giving interest rate support to organizations, individuals that borrow capital from banks to carry out production and business.

b. Finance companies as provided for in paragraph 1 Article 1 of the Decision No.333/QD-TTg dated 10/3/2009 of the Prime Minister on the amendment of, supplement to several articles of the Decision No.131/QD-TTg and guiding documents of the State Bank of Vietnam.

2. Borrowers, who are households, farm owners, individuals, cooperative groups, cooperatives, enterprises, borrow short, medium term loans in Vietnamese Dong to procure machine, equipments, facilities, materials to serve agricultural production and materials for building dwelling houses in rural areas.

3. Types of loan which are entitled to interest rate support are short, medium term loans in Vietnamese Dong under credit contracts entered into and disbursed within the duration from 1 May to 31 December 2009 for procurement of machine, equipments, facilities, materials to serve agricultural production and materials for building dwelling houses in rural areas, belonging to the detailed List of domestically produced goods entitled to interest rate support in accordance with provisions in the Decision No. 2095/QD-BCT dated 29 April 2009 of Ministry of Industry and Trade.

4. Short, medium term loans for procurement of machine, equipments, facilities, materials to serve agricultural production and materials for building dwelling houses in rural areas which have received the interest rate support in accordance with provisions in the Decision No. 131/QD-TTg and the Decision No. 443/QD-TTg dated 4 April 2009 of Prime Minister, shall not be entitled to interest rate support in accordance with provisions in the Decision No. 497/QD-TTg dated 17 April 2009 of Prime Minister and this Circular.

Article 3. Principle, conditions, term, amount of loan and interest rate support, application file for loan, mode of interest rate support

1. Principle of interest rate support is that commercial banks, finance companies shall provide loan to demands for short, medium term capital to procure machine, mechanical equipments, facilities, materials to serve agricultural production and materials for building dwelling houses in rural areas under the normal lending mechanism and perform the interest rate support in compliance with provisions of the Prime Minister and guidance of the State Bank of Vietnam.

2. Conditions to enjoy interest rate support for borrowers

a. To be certified by People’s Committee of village, ward, town let as subject entitled to loan with interest rate support under provisions of the Decision No. 497/QD-TTg.

b. To use loans for procurement of machine, mechanic equipments, facilities, materials to serve agricultural production and materials for building dwelling houses in rural areas, belonging to the detailed List of domestically produced goods entitled to interest rate support in accordance with provisions in the Decision No. 2095/QD-BCT dated 29 April 2009 of Ministry of Industry and Trade.

3. Term of interest rate support to loans under credit contracts entered into and disbursed within the duration from 1 May to 31 December 2009

a. Shall be 24 months at most since the date of disbursement for loans for procurement of machine, mechanic equipments, facilities to serve agricultural production, processing and computers; the interest rate support shall be performed from 1 May 2009 to 31 December 2011.

b. Shall be 12 months at most since the date of disbursement for loans for procurement of agricultural products, materials and construction materials for building dwelling houses; the interest rate support shall be performed from 1 May 2009 to 31 December 2010.

Loans entitled to interest rate support, which are overdue, shall be rescheduled, of which actual loan term exceeds the loan term entitled to interest rate support under applicable provisions, then the interest rate support shall not be applied to the period of time in excess of maturity date, the period of rescheduled time and period of time in excess of loan term entitled to interest rate support.

4. Amount of loan and interest rate support

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), specific loan amount shall be considered and decided upon by commercial banks, finance companies in accordance with the normal lending mechanism. The amount of interest rate support shall be equal to 100% of loan interest rate;

b. In respect of agricultural products and materials: the maximum amount of loan shall be equal to 100% of goods value, but not in excess of 7 million dong/ha and specific loan amount shall be considered and decided upon by commercial banks, finance companies in accordance with the normal lending mechanism. The amount of interest rate support shall be equal to 4% of loan interest rate per annum.

c. In respect of construction materials 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; specific loan amount shall be considered and decided upon by commercial banks, finance companies in accordance with the normal lending mechanism. The amount of interest rate support shall be equal to 4% of loan interest rate per annum.

5. Application file for loan with interest rate support:

- An application for loan to be certified by People’s Committee of village, ward, town let as subject entitled to loan with interest rate support under provisions in the Decision No. 497/QD-TTg;

- Plan or scheme of using machines, mechanic equipments, facilities, materials for production, using construction materials to build dwelling houses;

- Credit contracts

- Contract of loan security in accordance with provisions of applicable laws on secured transactions in case of secured loan.

- Other documents of the application file under the normal lending mechanism.

6. Mode of interest rate support is that commercial banks, finance companies shall, upon collecting loan interests, deduct amount of interest payable to borrowers, equal to the amount of loan interests entitled to interest rate support. The State Bank of Vietnam shall transfer amount of loan interests already used for interest rate support on the basis of making report on amount of interest rate support of commercial banks, finance companies.

Article 4. Process and responsibilities of borrower, commercial bank, finance company which performs the interest rate support

1. For borrower whose loan is entitled to the interest rate support

a. Within the period from 01 May to 31 December 2009, upon arising the first loan at the lending commercial bank, finance company, the borrower shall submit an application for the interest rate support to that commercial bank, finance company in line with the Appendix 01 of this Circular.

b. To supply, in full, honest manner, all information, documents to prove his purpose of borrowing loan with the interest rate support and take responsibility for the accuracy of such provided information, documents. To use loan funds for the due purpose which is subject entitled to the interest rate support as stated in the credit contract. If the borrower fails to use the loan funds for the due purpose according to the subject of interest rate support, he shall not be entitled to the interest rate support and shall be required to refund the amount of previously supported loan interest to the commercial bank, finance company and be dealt with in accordance with provisions of applicable laws.

c. To implement provisions of the commercial bank, finance company on procedures of capital borrowing, interest rate support and reporting regime.

d. To account the payment of loan interests in correspondence with the right interest amount payable to the commercial bank, finance company after having obtained the interest rate support under provisions of current laws.

dd. To request the lending commercial bank, finance company to perform the interest rate support in compliance with provisions of the Prime Minister and guidance of the State Bank of Vietnam.

2. For commercial banks, finance companies

a. To implement the interest rate support in compliance with provisions of the Prime Minster and guidance of the State Bank of Vietnam; not to refuse applications for interest rate support which are subjects entitled to interest rate support; to send periodical report to the State Bank of Vietnam for inspecting, supervising the interest rate support performance.

b. To state contents of the interest rate support in the credit contract based on the purposes of using loan funds which are subjects entitled to interest rate support in accordance with provisions of applicable laws; to refuse applications for interest rate support which are contrary to provisions of applicable laws.

c. Chairperson of the Board of Directors and General Manager (Manager) of commercial banks, finance companies shall be responsible and dealt with in accordance with provisions of applicable laws for any case of interest rate support which is inconsistent with provisions of applicable laws. For commercial banks and finance companies, if violating, they shall be taken into consideration in annual rating, supplement and increase of charter capital, issuance of license for expansion of operating network of commercial banks and finance companies.

d. To apply normal loan mechanism, loan amount and loan interest rate for borrowing demands which are subjects entitled to the interest rate support in conformity with provisions in the Regulation on lending by credit institutions to customers issued in conjunction with the Decision No. 1627/2001/QD-NHNN dated 31 December 2001 of the Governor of the State Bank and other related legal documents.

dd. To perform the inspection before, during and after the lending to ensure the interest rate support to be performed in compliance with provisions of applicable laws. In case of finding out that the borrower fails to use the loan funds for due purposes which are subjects entitled to interest rate support, the interests previously supported shall be revoked; where it is unable to perform such revocation, it should be informed to competent state authority for settlement or proceeding against the violation of credit contract by the borrower.

e. To provide guidance to borrowers to ensure borrowing activity is performed conveniently, safely and to the right subject.

g. Upon collecting loan interests from the borrower, commercial banks, finance companies shall deduct the amount of loan interests payable by borrowers, equal to amount of loan interests entitled to interest rate support under provisions of applicable laws. If, by the end of 31 December 2011, the term of collecting loan interest will have not become due, commercial banks, finance companies shall calculate amount of loan interests payable by borrowers and carry out the deduction of the loan interest amount equal to the loan interest amount entitled to the interest rate support. The calculation and collection of loan interest shall be implemented in accordance with provisions of applicable laws; to carry out the accounting, following up of interests of loans entitled to interest rate support as follows:

- To account the entire of loan interests as income under provisions of current financial regime; amount of interests of loans entitled to interest rate support transferred by the State Bank of Vietnam shall be recorded into a separate account (account “Receivables”- sub-account: Receivables from the State Bank of Vietnam on the interest rate support in the period of 2009-2011).

- To have a list sheet (or database) to follow up details of loans entitled to interest rate support (borrower, loan amount, loan term and loan interest rate, amount of interest rate support,…) in order to send to borrowers for supervising, making statistics and internal auditing, making report to the State Bank of Vietnam and inspection, supervision of competent state agencies.

h. To draw up a confirmation of interest rate support to be certified by the borrower and lending commercial bank, finance company (sign and seal) as a basis for inspection, supervision. Such confirmation of interest rate support shall be made into 02 copies, 01 copy for archive in credit documents, 01 copy shall be sent to the borrower. Confirmation of interest rate support shall be drawn up by specific time upon collecting the loan interest and deducting the interest of loan entitled to interest rate support or drawn on a monthly basis in line with the time of sending report on interest rate support to the State Bank of Vietnam. For borrowers who are farmer’s households, confirmation of interest rate support shall be drawn up in the final month of every quarter within the period of interest rate support.

i. To submit a registration for plan and report on amount of interest rate support to the State Bank of Vietnam in line with the Appendixes 02, 03 and 04 of this Circular:

- Registration for quarterly plan of interest rate support shall be in line with Appendix  02 of this Circular and sent on the 10^th of the first month of the quarter at the latest; registration for plan of interest rate support of quarter II of 2009 shall be sent on 15 May 2009 at the latest.

- Monthly report on the implementation of interest rate support shall be in line with Appendix 03 and 04 of this Circular and be sent on the 10^th of the consecutive following month of the reporting month and accuracy and timeliness must be ensured.

k. To timely, accurately follow up, total loans entitled to interest rate support for the purpose of internal auditing, making report to the State Bank of Vietnam and inspection, supervision of competent state agencies; to open accounts or apply appropriate management system to separately account, total loans entitled to the interest rate support.

l. To archive documents of loans entitled to interest rate support in accordance with provisions of applicable laws.

Article 5. Responsibilities of the State Bank of Vietnam

1. On a monthly basis, to transfer 90%, at the maximum, of the loan interest amount already supported according to reports of commercial banks, finance companies. The transfer of the remaining loan interest amount which has already enjoyed the interest rate support of every year shall be performed after the receipt of the report on final settlement of interest rate support of commercial banks, finance companies.

2. To preside over, cooperate with the Ministry of Finance, Ministry of Industry and Trade and Ministry of Agriculture and Rural Development to carry out the inspection, supervision over the implementation of provisions of applicable laws on giving interest rate support if necessary.

3. Responsibilities of units of the State Bank of Vietnam for assisting the Governor to implement contents relating to the implementation of interest rate support mechanism:

a. Monetary Policy Department: To coordinate with units of the State Bank in dealing with matters related to the interest rate support mechanism; to receive registrations for plan of interest rate support and reports on the interest rate support performance sent by commercial banks, finance companies; to give notice of the transfer of interest rate support amount to commercial banks, finance companies; to provide guidance on making final settlement of the interest rate support amount; to prepare report for submission to the Prime Minister.

b. Department of Finance- Accounting: To deal with issues of accounting relating to the interest rate support mechanism (original documents of accounting, transfer of interest rate support amount, …).

c. Banking Operation Department: To carry out the accounting, transfer of the interest rate support amount to commercial banks.

d. Banking Supervision, Inspection Agency (State Bank Inspectorate): to carry out the inspection, supervision over and dealing with commercial banks, finance companies and borrowers who violate provisions of applicable laws on interest rate support.

dd. State Bank branches in provinces, cities under the central Government’s management: To carry out the examination, supervision and inspection, within their competence, over the implementation of provisions of applicable laws on interest rate support; to make report, give proposals concerning the settlement of arising matters to the State Bank’s Governor and President of People’s Committee in provinces, cities under the central Government’s management.

Article 6. Responsibilities of people’s committee in villages, wards and townlets

To certify borrowers as subjects entitled to loans with interest rate support in accordance with provisions in the Decision No. 497/QD-TTg.

Article 7. Organization of implementation

1. This Circular shall be effective from the signing date.

2. Director of Administrative Department, Director of Monetary Policy Department and Head of units of the State Bank, General Managers of the State Bank branches in provinces, cities under the central Government’s management; Chairman of Board of Directors and General Managers (Managers) of commercial banks and finance companies, borrowers shall be responsible for the implementation of this Circular.

appendix 01

socialist republic of vietnam

Independence – Freedom – Happiness

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application for interest rate support to loans for procurement of machines, equipments, materials to serve agricultural production and materials for building dwelling houses in rural areas

To: ........................... (name of lending commercial bank, finance company)

Name of borrower:

Address:

...............

Tel No.: ........                                        Fax No.:                                   Email:

Name of representative for the organization (if borrower is an organization)

Position:………………………………………..

Pursuant to provisions in the Decision No. 497/QD-TTg dated 17 April 2009 of the Prime Minister on giving interest rate support to loans for procurement of machines, equipments, materials to serve agricultural production and materials for building dwelling houses in rural areas and guidance of the State Bank of Vietnam stated in the Circular No. 09/2009/TT-NHNN dated 05 May 2009, we would like to ask your commercial bank for giving interest rate support to our loans for procurement of machine, equipments, materials to serve agricultural production and materials for building dwelling houses in rural areas under credit contracts to be entered into and disbursed during the time from 1 May to 31 December 2009.

We do undertake to comply with provisions of applicable laws on lending, giving interest rate support and commitments made in the credit contracts; to use loan funds for the right purpose, right subjects to be entitled to the interest rate support; to immediately refund the amount of interest rate support if loan funds are not used for the right purpose or subjects of interest rate support as stated in the credit contracts; to take responsibility to the law if violating credit contract.

Instructions:

- Borrower shall send Application for interest rate support for only one time upon arising the first loan at the very lending commercial bank, finance company during the time from 1 May to 31 December 2009.

- For borrower being organization, its representative shall sign and seal; for borrower being household, farm owner and individual, he shall sign and clearly state full name.

Appendix 02

name of commercial bank/finance company

socialist republic of vietnam

Independence – Freedom – Happiness

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registration for plan of interest rate support to loans for procurement of machines, equipments, materials to serve agricultural production and materials for building dwelling houses in rural areas

Quarter … Year….

To: The State Bank of Vietnam (Monetary Policy Department)

Bank: ………………………………………………………………………………….

Legal entity representative: ………………… Position:………………………………….

Address: ………………………………………………………………………………

Tel No: ……………………………………. Fax No: ……………………………….

VND deposit account No.: ………………. opened at: ……………………………...

Would like to register the plan of interest rate support for borrowers in quarter ... year … in accordance with provisions in the Decision No. 497/QD-TTg and the Circular No. 09/2009/TT-NHNN as follows:

Unit: VND billion

Appendix 03

name of commercial bank/finance company

Report on the implementation of loan interest rate support to loans for procurement of machines, equipments, materials to serve agricultural production and materials for building dwelling houses in rural areas under the decision no.497/QD-TTg and circular no.09/2009/TT-NHnn classified by list of products and borrower

Month … year….

Unit: dong

Guidance on synthesizing and sending report:

- This report shall be sent by commercial banks, finance companies to the State Bank of Vietnam at the following address: Monetary Policy Department – State Bank of Vietnam – 49 Ly Thai To Street – Hanoi (email: [email protected]; fax: 04-38246953/38240132) and be sent by commercial bank’s branches to State Bank Branches in provinces, cities under the Central Government’s management.

- Column (1): Number of borrowers entitled to the interest rate support shall be number of enterprises, cooperatives, cooperative groups, households, farm owners, individuals entitled to the interest rate support, arising in the reporting month (do not count identically the times of loan items); if one customer has various loans for procurement of different goods, such customer shall be classified into the sector with greatest loan outstanding.

- Column (3): Amount of loan interests payable calculated under the interest rate stated in the credit contract shall be calculated in accordance with provisions in the Decision No. 652/2001/QD-NHNN dated 17/5/2001 of the State Bank’s Governor.

- Column (4): Amount of loan interests already used for giving interest rate support to borrowers shall be synthesized according to the data stated on the Confirmation of interest rate support; total amount of loan interest already used for giving interest rate support must be equal to the amount of interest rate support which has been written down for the borrower.

- Column (5): The accumulated number of borrowers entitled to interest rate support shall be calculated based on the accumulated number of borrowers of the previous reporting month plus the number of borrowers newly arising in the reporting month.

- Reporting deadline: On the 10^th, at the latest, of the month consecutively following the reporting month.

- Please to clearly state full name and telephone number of person in charge of answering details of the report upon request of the State Bank.

- Any query that may arise during the implementation process should be promptly reported in writing or via the telephone number 04-38246955/38259185; fax number: 04-38246953/ 38240132.

Appendix 04

name of commercial bank/finance company

Report on the implementation of loan interest rate support to loans for procurement of machines, equipments, materials to serve agricultural production and materials for building dwelling houses in rural areas under the decision no.497/QD-TTg and circular no.09/2009/TT-NHnn classified by 63 provinces, cities under the central government’s management

Month … year….

Unit: dong

­Guidance on synthesizing and sending report:

- To classify loans entitled to the interest rate support by 63 provinces, cities under the central Government’s management (classified under the alphabet order).

- Column (1): Number of borrowers entitled to the interest rate support shall be number of enterprises, cooperatives, cooperative groups, farm owners, households and individuals entitled to the interest rate support arising in the reporting month (do not count identically the times of loan items); if one customer has various loans for procurement of different goods, such customer shall be classified into the sector with greatest loan outstanding.

- Column (3): Amount of loan interests payable calculated under the interest rate stated in the credit contract shall be calculated in accordance with provisions in the Decision No. 652/2001/QD-NHNN dated 17/5/2001 of the State Bank’s Governor.

- Column (4): Amount of loan interests already used for giving interest rate support to borrowers shall be synthesized according to the data stated on the Confirmation of interest rate support; total amount of loan interest already used for giving interest rate support must be equal to the amount of interest rate support which has been written down for the borrower.

- Column (5): The accumulated number of borrowers entitled to interest rate support shall be calculated based on the accumulated number of borrowers of the previous reporting month plus the number of borrowers newly arising in the reporting month.

- Report recipient: Monetary Policy Department- State Bank (email: [email protected]; fax: 04-38246953/38240132) and State Bank branches in provinces, cities.

- Reporting deadline: On the 10^th, at the latest, of the month consecutively following the reporting month.

- Please to clearly state full name and telephone number of person in charge of answering details of the report upon request of the State Bank.

- Any query that may arise during the implementation process should be promptly reported in writing or via the telephone number 04-38246955/38259185; fax number: 04-38246953/ 38240132.