Circular No. 01/2006/TT-NHNN guides regulations related to capital contribution to establish a Guarantee Fund for small and medium-sized enterprises, applicable to State Bank branches at provincial/city levels under the central government and credit organizations. This Circular stipulates the maximum level of capital contribution from credit organizations to the Guarantee Fund, responsibilities for coordination among relevant parties, and the duration of effectiveness.
적용 범위
State Bank branch at provincial/city levels under the central government; credit organization; People's Committee at provincial/city levels under the central government
핵심 사항
- State Bank branch at provincial/city levels under the central government → coordinate with local departments and participate in the Preparatory Board for establishing the Guarantee Fund; report on implementation progress.
- Credit organization → decide on capital contribution to the Guarantee Fund based on local needs; the maximum level of capital contribution does not exceed 11% of the Guarantee Fund's charter capital, and the total level of capital contribution does not exceed 40% of the Guarantee Fund's charter capital and reserve fund.
- Credit organization → appoint representatives to participate in the Preparatory Board for establishing the Guarantee Fund; join the Management Board of the Guarantee Fund to represent the credit organization's contributed capital.
- Credit organization → cooperate with the Guarantee Fund to develop guarantee procedures and monitor the loan usage and repayment process of customers.
- This Circular takes effect fifteen days after its publication in the Official Gazette; previous regulations become invalid.
🌐 이 문서의 사회적 영향
- Positive impact: Enhance financial support for small and medium-sized enterprises through the Guarantee Fund, making it easier for them to access loans.
- Negative impact: Credit organizations have the responsibility to closely coordinate with local authorities, increasing workload; the maximum level of capital contribution limits the participation of some credit organizations.
❓ 자주 묻는 질문
What is the maximum level of capital contribution from credit organizations to the Guarantee Fund?
The maximum level of capital contribution does not exceed 11% of the Guarantee Fund's charter capital.
Can credit organizations contribute capital to multiple Guarantee Funds simultaneously?
Yes, but the total level of capital contribution to various Guarantee Funds and other commercial investments must not exceed 40% of the credit organization's charter capital and reserve fund.
Who should credit organizations appoint to participate in the Preparatory Board for establishing the Guarantee Fund?
Credit organizations should appoint representatives to participate in the Preparatory Board for establishing the Guarantee Fund upon the request of the People's Committee at provincial/city levels.
What is the duration of effectiveness of this Circular?
This Circular takes effect fifteen days after its publication in the Official Gazette.
What will happen to previous regulations regarding capital contribution to establish the Guarantee Fund?
Regulations stipulated in Circular No. 06/2003/TT-NHNN become invalid according to this Circular.
전문
CIRCULAR
Guidelines on certain matters concerning capital contribution to establish credit guarantee funds
for small and medium-sized enterprises
______________________
To implement Decision No. 193/2001/QD-TTg dated December 20, 2001, Decision No. 115/2004/QD-TTg dated June 25, 2004 of the Government Chairman regarding the issuance of regulations on the establishment, organization, and operation of credit guarantee funds for small and medium-sized enterprises, and Directive No. 40/2005/CT-TTg dated December 16, 2005 of the Government Chairman on further promoting assistance in developing small and medium-sized enterprises, the Governor of the State Bank of Vietnam guides certain matters related to capital contribution for establishing credit guarantee funds for small and medium-sized enterprises (hereinafter referred to as credit guarantee funds) by credit institutions as follows:
1. The State Bank of Vietnam branch at provincial and centrally governed city level:
a) Coordinate with relevant departments and agencies at the local level, advise the Chairman of the People's Committee of the province or centrally governed city on the establishment of credit guarantee funds.
b) Appoint representatives to participate in the Preparatory Board for the establishment of credit guarantee funds and the Management Board of credit guarantee funds, upon the proposal of the People's Committee of the province or centrally governed city.
c) Report to the Governor of the State Bank of Vietnam on the progress of the establishment and operation of credit guarantee funds at the local level.
2. Credit institutions:
Based on the actual situation of their charter capital and reserve fund, and the need for the establishment of credit guarantee funds in each locality, credit institutions shall decide to contribute capital to credit guarantee funds established by the People's Committee of the province or centrally governed city.
a) The amount of capital contributed by a credit institution to a credit guarantee fund shall not exceed 11% of the charter capital of the credit guarantee fund.
b) The total amount of capital contributed to credit guarantee funds and other commercial investments shall not exceed 40% of the charter capital and reserve fund of the credit institution.
c) Appoint representatives to participate in the Preparatory Board for the establishment of credit guarantee funds, upon the proposal of the People's Committee of the province or centrally governed city.
d) Participate in the Management Board of credit guarantee funds to represent the contributed capital of the credit institution, according to the decision of the Chairman of the People's Committee of the province or centrally governed city.
e) Cooperate with credit guarantee funds to develop procedures and processes for credit guarantees, monitor and supervise the use of loan funds and repayment by customers, ensuring the safety of capital.
This Circular takes effect 15 days from the date of publication in the Official Gazette. The provisions of Circular No. 06/2003/TT-NHNN dated April 10, 2003 of the Governor of the State Bank of Vietnam on guidelines for certain matters concerning capital contribution to establish credit guarantee funds for small and medium-sized enterprises by credit institutions according to Decision No. 193/2001/QD-TTg dated December 20, 2001 of the Government Chairman and Resolution No. 02/2003/NQ-CP dated January 17, 2003 of the Government cease to be effective.
In the process of implementing this Circular, if difficulties arise, please report in writing to the State Bank of Vietnam (Credit Department) for resolution./.
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