Thông tư 27/2009/TT-NHNN

CIRCULAR

DETAILING THE INTEREST RATE SUPPORT FOR ORGANIZATIONS AND INDIVIDUALS BORROWING MEDIUM- AND LONG-TERM BANK LOANS IN 2010 FOR INVESTMENT IN PRODUCTION AND BUSINESS DEVELOPMENT

THE STATE BANK OF VIETNAM

Pursuant to the Government's Resolution No. 54/NQ-CP of November 11, 2009, on the Government's October 2009 regular meeting;
Pursuant to the Prime Minister's Decision No. 2072/QD-TTg of December 11, 2009, on the interest rate support for Vietnam-dong medium-and long-term bank loans borrowed by organizations and individuals;
Pursuant to the Prime Minister's Decision No. 443/QD-TTg of April 4, 2009, on the interest rate support for organizations and individuals borrowing medium- and long-term bank loans for investment in production and business development;
The State Bank of Vietnam details the interest rate support for organizations and individuals borrowing medium- and long-term bank loans in 2010 for investment in production and business development (below referred to as interest rate support) as follows:

Article 1. Purposes of interest rate support

In 2010, the State will provide interest rate supports for organizations and individuals borrowing Vietnam-dong medium- and long-term loans according to the method defined in Decision No. 443/QD-TTg of April 4, 2009, in order to support economic growth recovery, economic restructuring and stabilization of the macro economy.

Article 2. Subjects and scope of application

1. Credit institutions providing loans to organizations and individuals, including:

a/ State commercial banks, joint-stock commercial banks, joint-venture banks, Vietnam-based branches of foreign banks, wholly foreign-owned banks and the Central People's Credit Fund (below collectively referred to as commercial banks).

b/ Finance companies (except specialized finance companies operating in the domain of consumer credit and credit card under law) which properly observe regulations of the State Bank of Vietnam on safety ratios in operations of credit institutions and appropriation and use of provisions for credit risks in banking operations and have a proportion of bad debts to the total outstanding loans of below 5%.

2. Borrowers eligible for interest rate support, including organizations and individuals that borrow loans from commercial banks or finance companies to invest in production and business development in the country under Article 1 of the State Bank Governor's Decision No. 127/2005/QD-NHNN of February 3, 2005, amending and supplementing a number of articles of the Regulation on the provision of loans by credit institutions to customers, issued together with Decision No. 1627/2001/QD-NHNN of December 31, 2001.

3. Loans eligible for interest rate support are Vietnam-dong medium- and long-term loans granted for investment in production and business development under credit contracts signed before or after January 1, 2010, but actually disbursed (in lump sum or installments) in the period from January 1, 2010, to December 31. 2010, and inventoried under the Regulation on statistical reports applicable to units under the State Bank of Vietnam and credit institutions issued together with the State Bank Governor's Decision No. 477/2004/QD-NHNN of April 28, 2004, and Decision No. 143 TCTK/PPCD of December 22, 1993, of the General Director of the General Statistics Office of Vietnam, promulgating the system of grade-II, grade-Ill and grade-IV economic branches and the list of national economic branches, including:

a/ Agriculture and forestry;

b/ Fisheries;

c/ Processing industries;

d/ Scientific and technological activities;

e/ Purchase of and trading in farm produce, forest and fisheries products and salt.

Article 3. Principles on interest rate support, loan term and level and method of interest rate support

1. Interest rate support will be provided on the principle that commercial banks and finance companies shall provide long- and medium-term loans for investment in production and business development according to the ordinary lending mechanism and provide interest rate support in strict accordance with the Prime Minister's regulations and the State Bank of Vietnam's guidance.

2. The maximum term of loans eligible for interest rate support is 24 months, counting from the date of provision, for loans under credit contracts signed before or after January 1, 2010, but actually disbursed in the period from January 1, 2010, to December 31, 2010. Interest rate support will be provided from January 1, 2010, to December 31,2012. Loans eligible for interest rate support which are overdue or extended or have a term of over 24 months are not entitled to interest rate support in the overdue or extension period or the period exceeding 24 months.

3. The interest rate support level for borrowers is 2%/year, calculated on the actual loan amount and term.

4. In case a customer that borrows Vietnam-dong medium- or long-term loans eligible for interest rate support has a Vietnam-dong or foreign-currency account credit balance and valuable papers (below collectively referred to as deposit account credit balance); or loans are pledged or guaranteed with Vietnam-dong or foreign-currency valuable papers, savings books or other monetary forms (below collectively to as valuable papers), interest rate support will be provided as follows:

a/ In case the borrower has deposit account credit balance at the lending commercial bank or finance company and other credit institutions, when signing the credit contract, the commercial bank or finance company shall calculate the whole amount of deposit account credit balance as the borrower's own capital and exclude this amount from the loan amount to be provided. The borrower shall report to the commercial bank or finance company on his/her Vietnam-dong or foreign-currency deposit account credit balance and valuable papers at other credit institutions and take responsibility for the lawfulness and accuracy of his/her report. The borrower's Vietnam-dong or foreign-currency deposit account credit balance is on demand and time deposits; time savings, demand savings and other savings, excluding special-use capital deposit account credit balance, collaterals and frozen deposits as prescribed by law.

b/ In case a loan is pledged with valuable papers, when signing the credit contract, the commercial bank or finance company shall calculate the whole value of valuable papers as the borrower's own capital and exclude this amount from the loan amount to be provided.

c/ In case a loan is guaranteed with valuable papers, the commercial bank or finance company shall provide interest rate support for the difference between the outstanding loan amount and the value of the borrower's valuable papers at the time of signing the credit contract.

d/ Deposit account credit balance and valuable papers in foreign currencies will be converted into Vietnam dong at the buying foreign-currency rate set out by the commercial bank or finance company at the time of determining deposit account credit balance and the value of valuable papers.

5. The method of interest rate support is that when collecting loan interests, commercial banks shall subtract the amount of interest rate support from the payable interest amount of borrowers. The State Bank of Vietnam shall transfer the interest rate support already provided on the basis of reports on interest rate support amounts of commercial banks and finance companies.

Article 4. Procedures and responsibilities of borrowers, commercial banks and finance companies for providing interest rate support

1. Borrowers having loans eligible for interest rate support shall:

a/ In the period from January 1 to December 31.2010, when borrowing loans for the first time at a commercial bank or finance company, send a written request for interest rate support, made according to form 01 provided in the Appendix to this Circular - not printed herein, to the lending commercial bank or finance company.

b/ Use loans for proper purposes as stated in the credit contracts. If using loans for improper purposes, they will not be provided with interest rate supports and shall refund the granted amount of interest rate support to commercial banks or finance companies and be handled under law.

c/ Comply with regulations of commercial banks and finance companies on the procedures for loan borrowing, interest rate support and reporting.

d/ Account according to law the amount of loan interests in strict accordance with the interest amount payable to commercial banks or finance companies after receiving interest rate support.

e/ Request commercial banks or finance companies to provide interest rate support under the Prime Minister's regulations and the State Bank of Vietnam's guidance.

f/ Provide sufficient and truthful information and documents to commercial banks or finance companies to prove the use purposes of loans eligible for interest rate support and take responsibility before law for the accuracy of such information and documents.

2. Commercial banks and finance companies shall:

a/ Provide interest rate support to borrowers under the Prime Minister's regulations and the State Bank of Vietnam's guidance; refrain from refusing to provide interest rate support for eligible loans; make periodical reports to the State Bank of Vietnam for inspection and supervision of the interest rate support.

b/ Based on use purposes of loans eligible for interest rate support, include in credit contracts contents related to the interest rate support in accordance with law; refuse illegal requests for interest rate support.

c/ Chairmen of the boards of directors or directors general (directors) of commercial banks and finance companies shall take responsibility and be handled according to law for cases of illegal provision of interest rate support. Violations of commercial banks and finance companies shall be taken into account upon annual ranking, consideration of charter capital supplementation and grant of licenses for extension of operation networks of commercial banks.

d/ Apply the ordinary lending mechanism and interest rates to loans eligible for interest rate support in accordance with the Regulation on provision of loans by credit institutions to customers, issued together with Decision No. 1627/2001/QD-NHNN and other relevant legal documents.

e/ Conduct inspection before, during and after providing loans and collaborate with one another in inspecting and appraising loans so as to ensure the lawful provision of interest rate support. If detecting that borrowers use loans for improper purposes, recover interest rate support amounts already provided. If unable to recover these amounts, report the problem to competent state agencies for handling or initiation of lawsuits against borrowers' breaches of credit contracts.

f/ Provide guidance to borrowers so as to ensure the convenient and safe provision of loans to eligible borrowers.

g/ When collecting loan interests from borrowers, subtract the interest amount eligible for interest rate support from the payable loan interest amount of borrowers in accordance with law. By December 31, 2012, if loan interests are not yet due, commercial banks and finance companies shall calculate interest amounts to be payable by borrowers and subtract the interest amounts eligible for interest rate support from the payable interest amounts. The calculation and collection of loan interests must comply with law. Commercial banks and finance companies shall account and monitor loan interest amounts eligible for interest rate support as follows:

- Account the whole amount of loan interests as income under current financial regulations: The amount of loan interests eligible for interest rate support transferred from the State Bank of Vietnam shall be accounted in a separate account under the State Bank of Vietnam's guidance on accounting interest rate support amounts in 2010.

- Make statements (or build a database) for monitoring in detail loans eligible for interest rate support (borrowers, loan amounts, loan term and lending interest rates, interest rate support amounts) which shall be sent to borrowers, used for internal supervision, statistics and audit, reported to the State Bank of Vietnam and serve the inspection and supervision by competent state agencies.

h/ Issue certificates of interest rate support which bear the certification of borrower and lending commercial bank or finance company (through their signatures and seals) for use as documents for inspection and supervision. A certificate of interest rate support will be made in 2 copies, one enclosed with the credit records and the other sent to the borrower. Certificates of interest rate support shall be made upon each collection of loan interests and subtraction of loan interest amounts eligible for interest rate support or on a monthly basis in conformity with the time limit for sending reports on interest rate support to the State Bank of Vietnam. For peasant households, certificates of provision of interest rate support will be made in the last month of each quarter in the duration of interest rate support.

i/ Send written registration of plans on interest rate support and reports on interest rate support amounts to the State Bank of Vietnam as follows:

- The registrations of quarterly plans on interest rate support shall be made on a quarterly basis according to form 02 provided in the Appendix to this Circular (not printed herein) and sent no later than the 10th of the first month of the subsequent quarter.

- Monthly reports on interest rate support will be made according to forms No. 03 and 04 provided in the Appendix to this Circular (not printed herein) and sent no later than the 10"' of the month following the reporting month.

j/ Promptly and accurately monitor and make statistics on loans eligible for interest rate support in service of internal audit, reporting to the State Bank of Vietnam and inspection and supervision by competent state agencies; open accounts or apply appropriate management systems to separately account loans eligible for interest rate support.

k/ Manage and keep dossiers of loans eligible for interest rate support under Article 55 of the Law on Credit Institutions and relevant laws.

Article 5. Responsibilities of the State Bank of Vietnam

1. Monthly, to transfer up to 90% of loan interest amounts for which interest rate supports have been provided as reported by commercial banks and finance companies. To transfer the remaining amounts after receiving finalization reports on interest rate support from commercial banks and finance companies.

2. To assume the prime responsibility for, and collaborate with the Ministry of Finance and relevant ministries and branches in, inspecting and supervising the implementation of the law on interest rate support in case of necessity.

3. Responsibilities of units under the State Bank of Vietnam in assisting the State Bank Governor in performing interest rate support tasks:

a/ The Monetary Policy Department shall collaborate with units under the State Bank of Vietnam in settling matters related to the interest rate support mechanism; receive registrations of plans and reports on interest rate support from commercial banks and finance companies; notify interest rate support amounts already transferred to commercial banks and finance companies; guide the finalization of interest rate support amounts; and make reports to the Prime Minister.

b/ The Finance-Accounting Department shall settle book-keeping matters related to the interest rate support mechanism (original documents for accounting and transfer of interest rate support amounts).

c/ Transaction Bureaus shall account and transfer interest rate support amounts to commercial banks and finance companies under the notices of the Monetary Policy Department and decisions of the State Bank Governor.

d/ The Banking Inspection and Supervision Agency shall inspect, supervise and handle commercial banks, finance companies and borrowers that violate regulations on interest rate support.

e/ Provincial-level branches of the State Bank of Vietnam shall examine, supervise and inspect the implementation of the law on interest rate support according to their competence and report and propose the State Bank Governor and chairpersons of provincial-level People's Committees to settle arising matters.

Article 6. Organization of implementation

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

2. The Chief of the Office, the director of the Monetary Policy Department, heads of units under the State Bank, directors of provincial-level branches of the State Bank, chairmen of boards of directors and directors general (directors) of commercial banks and financial companies, and borrowers shall implement this Circular. -

APPENDIX

REGARDING FORMS APPLICABLE TO BORROWERS AND COMMERCIAL BANKS, FINANCE COMPANIES
(Issued in conjunction with the Circular No.27/2009/TT-NHNN dated 31 December 2009 of the Governor of the State Bank)

1. Form 01: Application for interest rate support to medium, long term loans in 2010.

2. Form 02: Registration for plan of interest rate support to medium, long term loans in 2010.

3. Form 03: Report on the implementation of interest rate support to medium, long term loans in 2010 under the Decision No. 2072/QD-TTg and the Circular No. 27/2009/TT-NHNN classified by economic industry, sector and borrower.

4. Form 04: Report on the implementation of interest rate support to medium, long term loans in 2010 under the Decision No. 2072/QD-TTg and the Circular No. 27/2009/TT-NHNN classified by 63 provinces, cities under the central Government’s management.

FORM 01

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
-----------------------

APPLICATION FOR INTEREST RATE SUPPORT TO MEDIUM AND LONG TERM LOANS IN 2010

To: ……………………………………………………..
(name of the 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. 2072/QD-TTg dated 11 December 2009 of the Prime Minister on giving interest rate support to organizations, individuals that borrow medium, long term loans from banks to make investments for production- business development and guidance of the State Bank of Vietnam at the Circular No. 27/2009/TT-NHNN dated 31 December 2009, we would like to ask your commercial bank/finance company for giving interest rate support to our medium, long term loans to make new investments for development of production – business under credit contracts to be disbursed within the time from 01 January to 31 December 2010.

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 as subject 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 within the period from 01 January to 31 December 2010.

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

FORM 02

REGISTRATION FOR PLAN OF LOAN INTEREST RATE SUPPORT TO MEDIUM AND LONG TERM LOANS IN 2010 UNDER THE DECISION NO.2072/QD-TTG AND CIRCULAR NO.27/2009/TT-NHNN

Quarter ..... year…

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

Bank:

Legal representative:                              Position:

Address:

Tel No.                                      Fax No.

VND account number:                opened at

Would like to register the plan of interest rate support for borrowers in quarter ...of the year .......in accordance with provisions in the Decision No. 2072/QD-TTg and the Circular No.27/2009/TT-NHNN as follows:

Unit: VND billion

FORM 03

NAME OF COMMERCIAL BANK/FINANCE COMPANY

REPORT ON THE IMPLEMENTATION OF INTEREST RATE SUPPORT TO MEDIUM, LONG TERM LOANS UNDER PROVISIONS OF THE DECISION NO. 2072/QD-TTG AND THE CIRCULAR NO. 27/2009/TT-NHNN CLASSIFIED BY ECONOMIC INDUSTRY, SECTOR AND BORROWER

MONTH… YEAR….

Unit: dong

Instructions 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 banks’ branches to State Bank Branches in provinces, cities under the Central Government’s management.

- To classify loans which are entitled to interest rate support by economic industry, sector as stipulated in the Decision No. 477/2004/QD-NHNN dated 28/4/2004 of the Governor of the State Bank and Decision No.143TCKT/PPCD dated 22/12/1993 issued by the Director of the General Statistic Office.

- State-owned enterprises and non-state enterprises which are established and operate under the provisions of the Law on Enterprises in 2005 and Law on Investment.

- Column (1): Number of borrowers entitled to the interest rate support shall be number of enterprises, cooperatives, other organizations, 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 borrower has various loans of different industries, such borrower shall be classified into the industry with the highest loan outstanding.

- Column (3): Amount of loan interests payable to be calculated under the interest rate stated in the credit contract and calculation method shall be under 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 accounted and deducted for the borrower.

- Column (6): Number of borrowers with loan outstanding entitled to interest rate support up to the end of the reporting month; not to count identically the times of the loan items and if one borrower has various loans of different industries, such borrower shall be classified into the industry with the highest loan outstanding.

- Reporting deadline: On the 10th, 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 04-38246955/38259158; fax number: 04-38246953/ 38240132; for branches of commercial banks, they shall reflect to the Head Office of the commercial bank for unified settlement in the entire system.

FORM 04

NAME OF COMMERCIAL BANK/FINANCE COMPANY

REPORT ON THE IMPLEMENTATION OF INTEREST RATE SUPPORT TO MEDIUM, LONG TERM LOANS UNDER PROVISIONS OF THE DECISION NO. 2072/QD-TTG AND THE CIRCULAR NO. 27/2009/TT-NHNN CLASSIFIED BY 63 PROVINCES, CITIES UNDER THE CENTRAL GOVERNMENT’S MANAGEMENT

MONTH… YEAR….

Unit: dong

Instructions 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 borrowers entitled to the interest rate support arising in the reporting month (do not count identically the times of loan items); if one borrower has various loans of different industries, such borrower shall be classified into the industry with the highest loan outstanding.

- Column (3): Amount of loan interests payable to be calculated under the interest rate stated in the credit contract shall be calculated under 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 accounted and deducted for the borrower.

- Column (6): Number of borrowers with loan outstanding entitled to interest rate support up to the end of the reporting month; not to count identically the times of the loan items and if one borrower has various loans of different industries, such borrower shall be classified into the industry with the highest loan outstanding.

- Reporting deadline: On the 10th, 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 04-38246955/38259158; fax number: 04-38246953/ 38240132; for branches of commercial banks, they shall reflect to the Head Office of the commercial bank for unified settlement in the entire system.