Công văn 8883/NHNN-CSTT

In order to overcome the situation of lending with agreement interest rate not in line with provisions of applicable laws, the State Bank’s Governor hereby requests credit institutions and State Bank branches in provinces, cities to carry out some of following contents:

1. For credit institutions:

a. To apply the agreement interest rate to loan extension for capital demands of living, loan extension through issuance and use of credit card in accordance with provisions at the Circular No. 01/2009/TT-NHNN dated 23 January 2009 and the guidance at the Circular No. 1288/NHNN-CSTT dated 27 February 2009 of the State Bank of Vietnam. Whereas, credit institutions shall only be entitled to apply the agreement interest rate to loans which directly serve living of individual borrowers and their household, loan extension through issuance and use of credit card; not be entitled to apply agreement interest rate to loans for investing in real estates, financial assets (gold, foreign currency, securities and other financial assets) and activities related to production- business.

b. To check, inspect loans with the agreement interest rate in order to correctly comply with provisions of State Bank of Vietnam; to issue guiding document of the operation and lending procedures with agreement interest rate applicable to each type of borrowing demand of customers, of which, specifically provide for credit limit applicable to a single borrower and lending sector. Cases of lending with agreement interest rate which are not performed in accordance with applicable provisions must be overcome, dealt with completely prior to 31 March 2010.

c. The lending and listing of loans with the agreement interest rate shall be performed in line with the Form No. 01 stipulated in the Official Dispatch No. 1288/NHNN-CSTT dated 27 February 2009.

2. For State Bank branches in provinces, cities:

a. To summarize, speed up, take responsibility for inspection over the lending with agreement interest rate by credit institutions and deal with, within their authorized competence, cases of lending not in accordance with applicable provisions. On monthly basis, to make report on the lending with agreement interest rate by credit institutions in the local area to the State Bank of Vietnam.

b. To follow up, list loans with agreement interest rate in accordance with the Form No. 02 stipulated in the Official Dispatch No. 1288/NHNN-CSTT dated 27 February 2009.