PRIME MINISTER __________ No: 157/2007/QĐ-TTg SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ------------------------------Hà Nội,dated 27th Sept.2007 DECISION On credit for disadvantaged students _____ THE PRIME MINISTER - Pursuant to the Law on Organization of the Government dated December 25th 2001; - Pursuant to Decree No. 78/2002/ND-CP dated October 4th 2002 by the Government on Credit for the poor and other policy clients; - At the proposal of the Minister of Financial Ministry. DECIDES: Article 1. Application scope: Applying the education credit policy is to support disadvantaged students in spending on tuition fees, books, studying and research facilities, accommodation, traveling and other expenses necessary for students’ study during the time at universities. Article 2. Targeted borrowers : Disadvantaged students studying at Universities, colleges or vocational training schools established and operated as regulated by the Law of Vietnam, including: 1. For orphan students whose their parents died or father/mother died or remained person is unable to work. 2. For disadvantaged students are members of households belonging to list of: - Poor households in accordance with the law regulation. - Households have average income per head equal to 150% poor household ones under the law regulation. 3. Households meeting with financial difficulties such as: accidents, diseases, fire, natural disasters and epidemics during the studying time certified by the People's Committee at commune, ward and town level in locality. Article 3. Credit principle: 1. VBSP lends the disadvantaged students via their family. Their family represent for them to directly borrow and take responsibility for loan repayment for VBSP. In case orphan students, whose their parents died or father/mother died or remained person is unable to work, directly borrow loans in VBSP nearest to their schools. 2. To mandate the VBSP to extend loans to disadvantaged students. Article 4. Conditions for borrowing: Target clients regulated at Article 2 of this Decision have to get following eligibilities: 1. Disadvantaged students living in households with legal residence or those with long-term temporary residence at their locality. 2. Fresh students are required to have enrollment notice or certification from universities . 3. Disadvantaged students are studying in universities for more than one year (proper certification from universities is required for students of the second year onward) without committing social evils such as gambling, drug addiction, stealing and smuggling etc. Article 5. Loan size: 1. The maximum credit amount is VND 800,000/month per student 2. The loan size is decided by VBSP based on fee limit of each university and living expense of each locality but shall not exceed credit limit set forth at Article 1 above. 3. In case the education fee policy changes and living cost chaos, the VBSP make agreement with the Minister of Financial Ministry in terms of loan size adjustment and submit to the Prime Minister for approval. Article 6. Loan term: 1. Loan term is the period from when the borrower receives the loan until the date of repaying loans (principals and interests) stated in credit contract. Loan term includes disbursement and repayment term. 2. The disbursement term is the period from when the borrower receives the loan until date of the student’s graduation including the time students are permitted by the universities to be absent from school for a definite period with a reservation of academic results (if any). The disbursement term is divided into schedules set by VBSP or agreed with borrowers. 3. Repayment period: is from date of graduation till the day students pay off the loan (principals and interests). For training courses less than one year, the maximum repayment period is equal to 2 times of disbursement term and equal to disbursement term for other courses. The repayment term is divided into installments stipulated by VBSP. Article 7. Loan rate: 1. Preferential lending rate is 0,5%/month. 2. Lending rate on overdue loan is equal to 130% interest rate . Article 8. Credit files and loan procedures: The VBSP stipulates credit files and loan procedures in a simple, clear and easy manner to be implemented. Article 9. Principal and interest repayment: 1. During disbursement period, students do not have to repay principals and interests. Interest is calculated from the date the borrower receives the first loan until full principal repayment. 2. Students start to repay principals and interests right after getting employment with incomes but shall not exceed 12 months since the date of graduation. 3. Each repayment installment is instructed by VBSP and agreed in credit contract. Article 10. Preferential interest rate applied in case of repayment before maturity date: VBSP shall reduce lending interest rate and regulate specifically interests for borrowers who make repayment before due date committed in credit contract amount. Article 11. Adjustment, extension of repayment schedules, and classification of overdue loan: 1. At the end of repayment period, if the borrower fails to make its full repayment due to objective reasons they must send request of debt extension and the Bank will consider an extension. The maximum extension period allowed shall be equal to half of the repayment term. 2. In case that the borrower fails to repay final due debt and is not allowed to extend their loans, VBSP will transfer into overdue loans. VBSP will coordinate with local authority and mass organizations for debt collection. 3. VBSP specifically regulates adjustment of loan repayment schedule, loan extension and classification of overdue loan. Article 12. Risk handling due to objective reasons: Shall be in accordance with the regulation on handling risked debt of VBSP. Article 13. Responsibilities of relevant agencies: 1. To preside over, coordinate with the Ministry of Planning and Investment to arrange funding for education loans and for subsidizing interest difference and management cost, helping VBSP better lending to disadvantaged students. 2. Ministry of Training & Education, Ministry of Labor, War Invalids and Social Affairs, relevant Ministries and Agencies: a, To direct universities, colleges and vocational training schools to coordinate with local People's Committee and VBSP conducting education loans. b, To direct universities, colleges and vocational training schools in the whole country to certify students to be eligible for borrowing as stipulated at Items 2 & 3, Article 4 of this Decision herein. 3. Provincial People's Committees mandate functional agencies and People's Committees at all levels to execute credit policy for disadvantaged students correctly in accordance with the Law and this Decision. 4. The VBSP takes responsibility for instruction of loan application, loan procedures, repayment term, loan limit, loan extension and classification of overdue debt for borrowers under the regulation. To mobilize funds for supplementing education loan source; to coordinate closely and regularly with universities, colleges and vocational training schools in the lending process, helping borrowers use loans for proper purpose, receive loans and pay tuition fees conveniently. 5. Individuals and organizations using employees as disadvantaged students who borrow preferential credit as stipulated at this Decision take responsibility for urging them to send money to their families for repayment or directly repay for VBSP. Article 14. Violation settlement: Organizations and individuals conduct education credit illegally shall be settled based on violated levels under the Law. Article 15. Implementation: 1. This Decision is effective since 1st October 2007 replacing for Decision No 107/2006/QĐ-TTg on May 18th 2006 on credit for disadvantaged students. Borrowers under Decision No.107/2006/QĐ-TTg on May 18th 2006 shall be continued to get loans at this Decision. 2. The Ministers, Heads of ministerial agencies, Heads of Government’s agencies, Chairmen of People Committee at provinces, cities under the Central Government, Chairman of Board of Directors and General Director of VBSP are responsible for implementation of this Decision. On behalf of Prime Minister Deputy Prime Minister (signed) Nguyễn Sinh Hùng