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| THE STATE BANK OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
| No. 04/2009/TT-NHNN | Hanoi, March 13, 2009 |
CIRCULAR
ON AMENDMENT, SUPPLEMENT OF THE CIRCULAR NO. 02/2009/TT-NHNN DATED 3 FEBRUARY 2009 PROVIDING IN DETAILS FOR THE IMPLEMENTATION OF GIVING INTEREST RATE SUPPORT TO ORGANIZATIONS, INDIVIDUALS THAT BORROW CAPITAL FROM BANKS TO CARRY OUT PRODUCTION AND BUSINESS
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 Decision No. 131/QD-TTg dated 23 January 2009 of the Prime Minister on giving interest rate support to organizations, individuals that borrow capital from banks to carry out productions and business;
Pursuant to the Decision No. 333/QD-TTg dated 10 March 2009 of the Prime Minister on amendment, supplement of several Articles of the Decision No. 131/QD-TTg dated 23 January 2009 of the Prime Minister on giving interest rate support to organizations, individuals that borrow capital from banks to carry out production and business;
The State Bank of Vietnam hereby amends and supplements the Circular No. 02/2009/TT-NHNN dated 3 February 2009 providing in details for the implementation of giving interest rate support to organizations, individuals that borrow capital from banks to carry out production and business as follows:
Article 1. To amend, supplement Article 1 and Appendix of the Circular No. 02/2009/TT-NHNN dated 3 February 2009 providing in details for the implementation of giving interest rate support to organizations, individuals that borrow capital from banks to carry out production and business as follows:
1. To amend, supplement Article 1 as follows:
“1. Credit institutions which lend to organizations, individuals in accordance with provisions of applicable laws shall be entitled to give interest rate support, including:
- State owned commercial banks,
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- Joint venture banks,
- Foreign bank branches operating in Vietnam,
- 100% foreign owned banks;
- Central People’s Credit Fund
- Finance companies (except for specialized finance companies engaging in consumer credit area and card area in accordance with provisions of applicable laws) shall comply with provisions of State Bank of Vietnam on prudential ratios in operation of credit institutions, setting up and use of provisions against credit risk in banking activity and has ratio of bad debt over total credit outstanding to be of less than 5%. The list of finance companies entitled to take part in giving interest rate support is stated on the Appendix 01 of this Circular.
Credit institutions under provisions of this paragraph, hereinafter referred to as commercial banks”
b. To supplement point c and d to Paragraph 3 as follows:
“c. Loans classified by sub-branch of mining industry as stipulated in Appendix 7 of the Decision No. 477/2004/QD-NHNN dated 28 April 2004 of the Governor of the State Bank and the Decision No. 143TCTK/PPCD dated 22 December 1993 of the Director of General Statistic Office on the issuance of system of economic industries of level II, level III and level IV.”
d. Loans to economic organizations which are established and operating in accordance with applicable law of Vietnam for purchase of materials, goods, labour payment and payment of other expenses arising domestically to serve oversea production - business plans.”
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“b. Short term VND loans which are listed by economic industry in the Appendix 7 of the Decision No. 477/2004/QD-NHNN and the Decision No. 143TCTL/PPCD:
- Loans to finance- banking and insurance activity include loan for direct and indirect investment to abroad (except for loans to economic organizations in accordance with provisions in point b paragraph 1 Article 1 of this Circular), repayment of foreign loans, debt repayment to other credit institutions, repayment of loans to lending commercial banks;
- Activities related to asset business and consultancy service;
- State management and national defense security, Party, unions, compulsory social security
- Education and Training
- Health care and social relief activity
- Cultural and sport activity including recreation and entertainment business
- Activities serving individuals and public (including loan extension for satisfying funds demand for living, loan extension through operation of credit card issuance and use)
- Service activity at households
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2. To replace Form 03 and 04 in the Appendix of Circular No. 02/2009/TT-NHNN with Appendix 02 and 03 of this Circular.
Article 2. Application of retroactive effect
Loans which arose from 1 February 2009 and belong to subjects of interest rate support as provided for in this Circular and take effect, but have not yet been applied the mechanism of interest rate support, commercial banks shall give interest rate support in accordance with provisions of applicable laws since the date of arising the loan.
Article 3. Organization of implementation
1. This Circular shall be effective from the date of signing
2. The Director of Administrative Department, Director of Monetary Policy Department and Heads 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, borrowers shall be responsible for the implementation of this Circular.
GOVERNOR OF THE STATE BANK OF VIETNAM
Nguyen Van Giau
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APPENDIX 01
REGARDING FINANCE COMPANIES ENTITLED TO TAKE PART IN GIVING INTEREST RATE SUPPORT UNDER THE DECISION NO. 333/QD-TTG OF PRIME MINISTER DATED 10 MARCH 2009.
1. Rubber Finance Company
2. Coal and Mineral Financial Company
3. Petrolvietnam Finance Company
4. Vinashin Finance Company
5. Handico Finance Company
APPENDIX 02
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REPORT ON THE IMPLEMENTATION OF LOAN INTEREST RATE SUPPORT UNDER THE DECISION NO. 131/QD-TTG AND THE CIRCULAR NO. 04/2009/TT-NHNN CLASSIFIED BY ECONOMIC INDUSTRY, SECTOR AND BORROWER
Month..... 2009
Unit: VND
Norm
In reporting month
Accumulated from 1/2/2009 to the end of the reporting month
Number of borrowers entitled to interest rate support
Loan outstanding entitled to interest rate support at the end of reporting month
Amount of loan interests payable to be calculated under the interest rate stated in the credit contract
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Number of borrowers entitled to interest rate support
Amount of loan interests already used for interest rate support to borrowers
I. Total of loans entitled to interest rate support by economic industry, sector
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- Aquaculture
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- Processing industry
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- Production and distribution of electricity
- Construction
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- Commercial industry, repair of motor vehicles, motor, motorbike, belongings and household utensils
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- Hotels and restaurants
- Transportation, warehouse and communication
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- Activity of science and technology
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- Mining industry
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II. Total of loans entitled to interest rate support classified by borrower
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- Enterprise
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- Cooperative
- Other organization
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- Household and individual
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CHIEF ACCOUNTANT
(Head of Accounting Division)
HEAD OF INTERNAL
Inspection/Audit Division
........., date......
GENERAL MANAGER
Guidance on synthesizing and sending report
- This report shall be sent by commercial banks to State Bank of Vietnam under the address of Monetary Policy Department - State Bank of Vietnam (email: phongcstd@sbv.gov.vn; fax: 04-38246953/38240132) and by commercial banks’ branches to State Bank branch 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 April 2004 of the Governor of the State Bank and the Decision No. 143TCTK/PPCD dated 22 December 1993 of Director of General Statistics Office
- 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)
- Column (3): Amount of loan interests payable calculated under the interest rate stated in the credit contract shall be calculated under the provisions in the Decision No. 652/2001/QD-NHNN dated 17 May 2001of the Governor of the State Bank.
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- Column (5): Accumulation of number of borrowers entitled to interest rate support shall be equal to the accumulated number of borrowers in the previous reporting month plus newly arisen number of borrowers in the reporting month.
- Reporting deadline: On the 10th , at the latest, of the month right after 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; fax number: 04-38246953
APPENDIX 03
NAME OF COMMERCIAL BANK
REPORT ON THE IMPLEMENTATION OF LOAN INTEREST RATE SUPPORT ACCORDING TO THE DECISION NO. 131/QD-TTG AND THE CIRCULAR NO. 04/2009/TT-NHNN CLASSIFIED BY 63 PROVINCES, CITES UNDER THE CENTRAL GOVERNMENT’S MANAGEMENT
Month..... 2009
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Name of province, city
In reporting month
Accumulated from 1/2/2009 to the end of the reporting month
Number of borrowers entitled to interest rate support
Loan outstanding entitled to interest rate support at the end of reporting month
Amount of loan interest payable to be calculated under the interest rate stated in the credit contract
Amount of loan interest already used for interest rate support
Number of borrowers entitled to interest rate support
Amount of loan interest already used for interest rate support
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Of which
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1. An Giang Province
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2. Ba Ria, Vung Tau Province
3. Bac Can province
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63. Yen Bai Province
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CHIEF ACCOUNTANT
(Head of Accounting Division)
HEAD OF INTERNAL Inspection/Audit Division
........., date......
GENERAL MANAGER (MANAGER)
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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, 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)
- Column (3): Amount of loan interests payable calculated under the interest rate stated in the credit contract shall be calculated under the provisions in the Decision No. 652/2001/QD-NHNN dated 17 May 2001of the Governor of the State Bank.
- 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 Certificate of interest rate support and total of loan interests already used for interest rate support must be equal to the amount of interest rate support already recorded on the account 3539 according to the Appendix 01 issued in conjunction with the Official Dispatch No. 1183/NHNN-TCKT dated 23 February 2009.
- Column (5): Accumulation of number of borrowers entitled to interest rate support shall be equal to the accumulated number of borrowers in the previous reporting month plus newly arisen number of borrowers in the reporting month.
- Reporting recipient: Monetary Policy Department - State Bank of Vietnam (email: phongcstd@sbv.gov.vn; fax: 04-38246953/38240132) and State Bank branches in provinces, cities.
- Reporting deadline: On the 10th, at the latest, of the month right after the reporting month.
- Please to clearly state full name and telephone number of person in charge of answering details of report upon request of the State Bank.
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Circular No. 04/2009/TT-NHNN of March 13, 2009, on amendment, supplement of the Circular No. 02/2009/TT-NHNN dated 3 February 2009 providing in details for the implementation of giving interest rate support to organizations, individuals that borrow capital from banks to carry out production and business
- Số hiệu: 04/2009/TT-NHNN
- Loại văn bản: Thông tư
- Ngày ban hành: 13/03/2009
- Nơi ban hành: Ngân hàng Nhà nước
- Người ký: Nguyễn Văn Giàu
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra