Decision No. 443/QD-TTg of April 04, 2009, on giving interest rate support to organizations, individuals that borrow long, medium term loans from banks to make new investments for development of production and business

DECISION

ON GIVING INTEREST RATE SUPPORT TO ORGANIZATIONS, INDIVIDUALS THAT BORROW LONG, MEDIUM TERM LOANS FROM BANKS TO MAKE NEW INVESTMENTS FOR DEVELOPMENT OF PRODUCTION AND BUSINESS

THE PRIME MINISTER OF GOVERNMENT

- Pursuant to the Law on Governments Organization dated 25 December 2001;
- Pursuant to the Law on the State Bank of Vietnam dated 12 December 1997 and the Law on the amendment, supplement of several Articles of the Law on the State Bank of Vietnam dated 17 June 2003;
- Pursuant to the Law on the Credit Institutions dated 12 December 1997 and the Law on the amendment, supplement of several Articles of the Law on the Credit Institutions dated 15 June 2004;
- 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;
- Upon the proposal of the Governor of the State Bank of Vietnam, Minister of Finance,

DECIDES:

Article 1. The State shall give interest rate support to organizations, individuals which borrow medium, long term VND loans from banks to make new investment for development of production - business, infrastructure.

Article 2. Subjects and scope of application

1. Commercial banks shall perform the interest rate support in accordance with provisions in paragraph 1, Article 2 of the Decision No. 131/QD-TTg dated 23 January 2009 on giving interest rate support to organizations, individuals that borrow capital from banks for production, business (hereinafter referred to as borrowers) and finance companies shall perform the interest rate support in accordance with provisions in paragraph 1, Article 1 of the Decision No. 333/QD-TTg dated 10 March 2009 on the amendment, supplement of several articles of the Decision No. 131/QD-TTg, Vietnam Development Bank shall perform the interest rate support to subjects entitled to preference loans with the supporting interest rate stipulated in this Decision.

2. Banking medium, long term VND loans (under credit contracts which were entered into prior to and after 1 April 2009 and actually have been disbursed since 1 April 2009 of organizations, individuals which make new investments for development of production, business and infrastructure) shall be performed in accordance with applicable provisions of the State Bank of Vietnam on the statistic reporting regime applicable to economic industries and sectors.

Article 3. Principle, term, loan amount and supporting interest rate

1. Principle of interest rate support is that commercial banks, Vietnam Development Bank, finance companies shall provide loan for medium, long term capital demands to make new investments for development of production, business, infrastructure 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. Loan term entitled to interest rate support shall be 24 months. The interest rate support shall begin from 1 April 2009 to 31 December 2011. The Governor of the State Bank shall be responsible for providing detailed guidance.

3. Supporting interest rate applicable to loan shall be 4% per annum over the loan amount and actual loan term in accordance with provisions in paragraph 2 of this Article; upon collecting loan interests, commercial banks, Vietnam Development Bank, finance companies shall deduct loan interest amount authorized to used for giving support to borrowers.

Article 4. Organization of implementation

1. This Decision shall be effective from the date of signing.

2. The State Bank of Vietnam shall preside over, cooperate with the Ministry of Finance to provide guidance on, inspect, and supervise the strict implementation of this Decision.

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

a. For commercial banks, Vietnam Development Bank, finance companies:

- To give interest rate support to borrowers in accordance with provisions of the Prime Minister and guidance of the State Bank of Vietnam;

- Not to be permitted to refuse the interest rate support if the loan belongs to the subject entitled to interest rate support; to make report to the State Bank of Vietnam, on a periodical basis, for inspection, supervision over the implementation of interest rate support.

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

- To comply with the reporting regime under provisions of the Governor of the State Bank of Vietnam.

b. For the borrowers who are subjects entitled to interest rate support:

- To use loan funds for the right purpose entitled to interest rate support as stated in the credit contract, to make accounting of the payment, receipt of loan interests and the loan interests to be supported in accordance with provisions of applicable laws.

- To implement provisions and guidance of the commercial banks, Vietnam Development Bank, finance companies on borrowing procedures and reporting regime.

4. The Governor of the State Bank of Vietnam, Ministers, Heads of ministerial level agencies, Heads of Governments agencies, President of Peoples Committee of provinces, cities under the central Governments management, Chairman of Board of Directors, General Manager of commercial banks, Vietnam Development Bank, finance companies and borrowers shall be responsible for the implementation of this Decision.