Thông tư 05/2015/TT-NHNN

CIRCULAR

INSTRUCTING CREDIT INSTITUTIONS TO COLLABORATE WITH CREDIT GUARANTEE FUND IN OFFERING SECURED LOANS OF CREDIT GUARANTEE FUND UNDER THE PROVISIONS OF THE PRIME MINISTER'S DECISION NO. 58/2013/QĐ-TTG DATED OCTOBER 15, 2013

Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;

Pursuant to the Law on Credit Institutions No. 47/2010/QH12 dated June 16, 2010;

Pursuant to the Government's Decree No. 156/2013/NĐ-CP dated November 11, 2013 on defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

Pursuant to the Government's Decree No. 56/2009/NĐ-CP dated June 30, 2009 on assisting in the development of medium and small enterprises;

Pursuant to the Prime Minister’s Decision No. 58/2013/QĐ-TTg dated October 15, 2013 on introducing the Charter for establishment, organization and operation of the Credit Guarantee Fund for medium and small enterprises;

At the request of the Director of Economic Sector Credit Department;

The Governor of the State Bank of Vietnam hereby adopts the Circular on instructing credit institutions to collaborate with Credit Guarantee Fund in offering secured loans of Credit Guarantee Fund under the provisions of the Prime Minister's Decision No. 58/2013/QĐ-TTg dated October 15, 2013.

Article 1. Scope of application

This Circular provides instructions for credit institutions to collaborate with Credit Guarantee Fund in offering secured loans of Credit Guarantee Fund in accordance with regulations laid down in the Charter for establishment, organization and operation of Credit Guarantee Fund for medium and small enterprises issued together with the Prime Minister's Decision No. 58/2013/QĐ-TTg dated October 15, 2013 (hereinafter referred to as the Charter).

Article 2. Applicable entities

1. The Credit Guarantee Fund established, organized or operated under the Prime Minister’s Decision No. 58/2013/QĐ-TTg dated October 15, 2013.

2. Credit institutions established and operated under the law on credit institutions (hereinafter referred to as creditor).

3. Medium and small enterprises of which loans secured by the Credit Guarantee Fund under the provisions of the Charter (hereinafter referred to as client).

4. Other relevant organizations or individuals.

Article 3. Collaboration in offering loans secured by the Credit Guarantee Fund

1. The creditor, Credit Guarantee Fund and client shall enter into the written agreement in order to ensure that the creditor shall have the right to receive and deal with collateral if the Credit Guarantee Fund refuses to fulfill their obligation to secure loans in conformity with regulations laid down in this Circular and other relevant laws.

2. Before offering loans secured by the Credit Guarantee Fund, the creditor and the Credit Guarantee Fund are obliged to:

a) Based on the modality of management of operations of specific Credit Guarantee Funds stipulated in Clause 1 Article 12 of the Charter, sign the framework or specific agreement on collaborating in loans secured by the Credit Guarantee Fund (hereinafter referred to as the collaboration agreement) in order to ensure the consistent contents in conformity with regulations enshrined in the Charter and current laws on loans offered to clients by credit institutions;

b) If parties wish to modify or supplement the collaboration agreement which they have concluded, such modification or supplementation must be carried out in writing and become an integral part of this collaboration agreement.

Article 4. Content of the agreement on collaboration between the creditor and the Credit Guarantee Fund 

The agreement on collaboration between the creditor and the Credit Guarantee Fund shall consist of the following major contents: 

1. Process of collaboration between parties in receiving and verifying applications (independent, collaborative and general collaboration, etc) and dealing with the demand of clients for secured loans.

2. Contents relating to collaboration in provision of revenue allocation documents; inspection and supervision of loan use process, assets acquired from loans and debt repayment in which the purpose of using loans, debt repayment of clients must be managed in conformity with terms and conditions of the credit contract and under the provisions of the Charter, and serve as the basis for the Credit Guarantee Fund's fulfillment of obligation to secure loans which may arise.    

3. Collaboration in considering the rescheduling of client's debt repayment; circumstances under which loan disbursement or premature debt collection occurs if clients breach terms and conditions of the credit contract, credit guarantee contract or show signs of violation against laws. 

4. Measures to collect debts that the creditor shall take if clients fail to make their debt repayment on the due date or repay a full amount of loan as stipulated in Clause 2 Article 28 of the Charter and other relevant legal regulations.

5. Specific provisions on cases in which the Credit Guarantee Fund shall have the right to refuse part or all of loan guarantee obligation in conformity with the Charter, legal regulations concerning loans and risk control ability of the creditor.

6. Responsibility for collaboration between parties in transferring the right to receive and deal with collateral to the creditor in case the Credit Guarantee Fund refuses to fulfill their guarantee obligation.

7. Collaboration in providing information or records on the Charter for organization and operation of the Credit Guarantee Fund, administration methods and authority of the Credit Guarantee Fund to issue the guarantee certificate to the creditor upon request.

8. Other contents as agreed upon between parties which must conform to legal regulations.

Article 5. Principles of offering loans secured by the Credit Guarantee Fund

1. Investment projects and business plans of clients must be subject to the Credit Guarantee Fund's assessment and loan guarantee decision in accordance with the Charter.

2. The creditor must consider and decide loans in Vietnamese dong for investment projects or business plans of clients guaranteed by the Credit Guarantee Fund under the provisions of current laws on offering loans of credit institutions to clients, provisions laid down in this Circular and other relevant legal regulations.

3. The creditor shall classify debts, set aside and use allowances for risks in accordance with current regulations of the State Bank of Vietnam and relevant laws.

Article 6. Implementation of guarantee obligations

1. If clients fail to repay debts or do not repay a full amount of debts on the due date (defined in the credit contract) or specified deadline for premature debt repayment, the creditor shall clearly identify causes for such failure to repay debts and implement measures to recover debts as agreed upon by parties in the collaboration agreement. Within a period of 07 working days, after necessary measures to collect debts from clients have been implemented but they still fail to repay their debts, the creditor shall send a written request, enclosing valid records, documents or vouchers (if available) to the Credit Guarantee Fund to request their fulfillment of guarantee obligations.

2. Within a permitted period of 10 working days of receipt of such written request from the creditor, the Credit Guarantee Fund is obliged to fulfill their agreed-upon guarantee obligations. If the Credit Guarantee Fund refuses to implement their guarantee obligations, they must send a written explanation in which reasons for such refusal must be clearly stated to the creditor.  After the deadline, if the Credit Guarantee Fund has not sent any written refusal, it is automatically implied that the Credit Guarantee Fund has consent to implementation of their agreed-upon guarantee obligations. 

3. Within a permitted period of 07 working days of receipt of such written refusal from the Credit Guarantee Fund, the creditor must respond with their agreement or disagreement over this refusal of the Credit Guarantee Fund. After the deadline, it is automatically implied that the creditor has given their consent to the refusal of the Credit Guarantee Fund if they do not have any written response to the Credit Guarantee Fund.

Article 7. Transfer and treatment of collateral

Upon receipt of a written consent of the creditor to the refusal to implement guarantee obligations, or if the creditor has not had any written response to the refusal to implement guarantee obligations after the permitted deadline stipulated in Clause 3 Article 6 hereof, the Credit Guarantee Fund shall carry out the treatment of collateral provided by clients as follows:

1. In case of refusal to implement all of guarantee obligations: the Credit Guarantee Fund shall promptly transfer the right to receive and treat collateral of clients to the creditor under the terms and conditions of agreements stipulated in Article 3 hereof. The creditor shall return the original of guarantee certificate to the Credit Guarantee Fund immediately after the Credit Guarantee Fund has managed to transfer a full amount of collateral.

2. In case of refusal to implement part of guarantee obligations:

a) As for approved portion of guarantee obligations: the Credit Guarantee Fund shall immediately act on behalf of clients to repay their debts (inclusive of equivalent principal and interest);

b) As for disapproved portion of guarantee obligations: the Credit Guarantee Fund shall collaborate with the creditor to treat collateral provided by clients.  The sum collected from the treatment of collateral after deducting expenses incurred in the collateral treatment process shall be used to pay for the client's outstanding debts to the creditor (disapproved portion of outstanding debts including equivalent principal and interest), and the remaining portion of this sum shall be used for paying the outstanding debt of clients to the guarantor.  If the sum collected from the collateral treatment is not used up after the full repayment of principal or interest and expenses incurred from loans, the Credit Guarantee Fund shall deposit this residual sum in the client’s accounts.

Article 8. Responsibility of the creditor

1. Closely cooperate with the Credit Guarantee Fund in offering loans to clients under the provisions of this Circular, relevant regulations, and ensuring the safety and compliance with legal regulations.

2. Send a monthly report (before the 10^th day of the subsequent month) on loans offered to medium and small enterprises secured by the Credit Guarantee Fund to the State Bank of Vietnam (Economic Sector Credit Department) according to the Appendix No. 01 enclosed herewith.

3. In the course of implementation, if there is any difficulty that may arise, report to the State Bank of Vietnam (Economic Sector Credit Department).

Article 9. Responsibility of affiliates of the State Bank of Vietnam

1. Economic Sector Credit Department:

a) Act as the focal point to monitor and report the creditor's offer of loans secured by the Credit Guarantee Fund to medium and small enterprises;

b) Preside over and collaborate with relevant organizations in dealing with any difficulty that may arise in the course of implementing this Circular.

2. Bank Supervision and Inspection Agency and Supervision and Inspection Agency for State Bank Branches, shall be charged with inspecting, supervising and handling, within their jurisdiction, violations committed by the creditor against compliance with regulations laid down in the Charter and this Circular.

3. The State Bank Braches of centrally-affiliated cities and provinces shall assume their responsibility as follows:

a) Send a monthly report (not later than the 15^th day of the subsequent month) on the offer of loans to medium and small enterprises secured by the Credit Guarantee Fund in their areas to the State Bank of Vietnam (forwarded by the Economic Sector Credit Department) according to the Appendix No. 02 enclosed herewith;

b) Collaborate with local Departments and agencies in handling any difficulty that may arise in the course of offering loans secured by the Credit Guarantee Fund in their areas.  If this falls outside of their competence, promptly report to the People’s Committee of centrally-affiliated cities and provinces, the Ministry of Finance and the State Bank of Vietnam (Economic Sector Credit Department) for their consideration and possible solutions.

Article 10. Effect

1. This Circular shall come into force as from June 18, 2015.

2. The Circular No. 01/2006/TT-NHNN of the State Bank of Vietnam dated February 20, 2006 on providing guidance on several contents of contribution of capital for establishment of the Fund for medium and small enterprise credit guarantee shall terminate its validity as from the effective date of this Circular.

3. Credit contracts which have been signed before the effective date of this Circular shall be uninterruptedly executed till the end of its validity.

Article 11. Implementation

The Office Chief; the Director of the Economic Sector Credit Department; the Head of affiliates of the State Bank; the Director of the State Bank Branches of centrally-affiliated cities and provinces; the Chairperson of the Board of Directors and the Board of Members and the Director General (Director) of credit institutions, the Credit Guarantee Fund, and medium and small enterprises as loan clients, shall be responsible for implementing this Circular. 

REPORT ON OFFER OF LOANS SECURED BY THE CREDIT GUARANTEE FUND TO ENTERPRISES BY ECONOMIC SECTORS

Date (mm, yyyy)……………..
(Issued together with the Circular No. 05/2015/TT-NHNN of the State Bank of Vietnam dated May 4, 2015)

Unit: VND million

1. Applicable entities: Credit institutions

2. Reporting deadline: Ahead of the 10^th day of the month following the reporting month.

3. Reporting method: Written report.

4. Report-receiving organization: Economic Sector Credit Department - the State Bank of Vietnam.

Note:

- Please specify the full name and telephone number of the reporter.

- In the course of implementation, if there is any difficulty, please notify us in writing or call us at 04 38269905.

- Column (2): Classification according to the Government’s regulations on assisting in the development of small and medium enterprises for specific periods (currently the Decree No. 56/2009/NĐ-CP dated September 30, 2009).

- At column (4), (6), (8) and (10), the accrued sum shall only be calculated from the beginning of the reporting year to the reporting date. 

- Column (15): Bad outstanding debts shall include all of outstanding debts classified into group 3, 4 and 5 in accordance with current regulations of the Governor of the State Bank.

REPORT ON OFFER OF LOANS SECURED BY THE LOCAL CREDIT GUARANTEE FUND TO ENTERPRISES BY LOCALITIES

Date (mm, yyyy)……………..
(Issued together with the Circular No. 05/2015/TT-NHNN of the State Bank of Vietnam dated May 4, 2015)

Unit: VND million

1. Applicable entities: The State Bank Braches of centrally-affiliated cities and provinces

2. Reporting deadline: Not later than the 15^th day of the month following the reporting month.

3. Reporting method: Written report.

4. Report-receiving organization: Economic Sector Credit Department - the State Bank of Vietnam.

Note:

- Please specify the full name and telephone number of the reporter.

- In the course of implementation, if there is any difficulty, please notify us in writing or call us at 04 38269905.

- At column (4), (6), (8) and (10), the accrued sum shall only be calculated from the beginning of the reporting year to the reporting date.

- Column (15): Bad outstanding debts shall include all of outstanding debts classified into group 3, 4 and 5 in accordance with current regulations of the Governor of the State Bank.