Vietnam Bank SOCIALIST REPUBLIC OF VIETNAM for Social Policies Independence - Freedom -----------------------Happiness -----------------------------No: 316/VBSPHanoi, May 2nd 2003 Guidance on Lending to Poor Households Pursuant to Charter on organization and operations of VBSP issued under decision 16/2003 dated 22 January 2003 of the Prime Minister, The VBSP General Director provides herewith the guidance on Lending to Poor Households as below: 1. Lending objective: VBSP makes confessional loan to Poor Households for the purpose of business production, life improvement which contributes to the implementation of National Program of hunger Poverty and unemployment Reduction and social stabilization 2. Target groups: 2.1 Transaction offices, branches and unit under VBSP and the trustee units of VBSP (here called the “Lender”) 2.2 The “Borrower” who is the Poor Households 3. Borrowing Principles The Poor Households following principles: are required to satisfy 3.1 Use the loan properly as stated in borrowing purpose 1 3.2 Make repayment of interest and principal on due as negotiated 4. Borrowing conditions The lender shall review and decide lending once the borrower meets following requirements: 4.1 To have permanent address or longregistration at the location of lending. term 4.2 To be in the list of Poor Households of local commune according to poverty standards defined by MOLISA from time to time. 4.3 The borrower is not required for collateral and is exempted from borrowing fee but must be a member of credit- saving group, must be selected by the group and in the list proposed to get loan with certification of local commune people’s committee. 4.4 The owner of the Households or the authorized person to deal with transaction is the person representing the family to take all responsibility in all relations/transaction with Lender, is the person to sign the loan agreement and to make repayment to the Bank. 5. The loan shall be used for following areas: 5.1 Lending to business, production and services: a. To buy materials, seedlings, animals, fertilizer, pesticide, animal foodstuff… for cultivation and livestock. b. To buy small working tools as: c. To cover daily laborer expenses; d. To invest in household handicraft work e. To cover expenses relating to aquaculture raising catching and processing 2 g. To contribute to business production project initiated by labor community and approved/allowed by local government. 5.2 Lending to improvement: new house construction and implement under a. To build new house to Government program/project. house each b. House improvement: VBSP only makes loan to poor households to improve house condition as fixing leak roof or upgrade very bad conditions. The loan was used to buy construction material or to cover hired construction workers. 5.3 Lending to electricity connection: a. To cover expenses relating to wire connection from central network of village/commune to households: pillar, wire, lighting equipments... b. To contribute to small hydro electricity, wind electricity, sun electricity, generator for a group of households where there is no national electricity network. 5.4 Lending to clean water a. To contribute capital supplier to each household. to build clean water b. In places without overall clean water development project loan shall be made to drill wells; refining tanks, tanks… 5.5 Lending to cover partly education need To cover schooling fee: tuition, schooling material of Poor Household’s children studying at secondary schools. 6. Lending types and loan term 6.1 Lending types - Short- term loans: loans with maturity below/up to 12 months 3 - Medium term loans: loans with maturity from 12 to 60 months. 6.2 Loan term / duration: Borrower and based on: lender negotiate the loan duration - Purpose of borrowing - Production/ Business cycle business, production, service) (for lending to - Repayment capacity of Household - Sources of lending of VBSP. 7. Lending interest rates: 7.1 Soft rates to Poor Household decided by the Prime Minister from time to time and applied nation wide. Specific lending rate shall be announced separately by VBSP. 7.2 Aside from lending rates, Poor Households is not required to any additional fee 7.3 Interest rates of lending from sources that VBSP braches receive from local government, institutions and individuals home and abroad shall be implemented according to Trust Service Agreement. 7.4 Past due interest rate 130% of lending rate 8. Lending methodology The Lender shall apply one time lending. For each borrowing, the Poor households and the lender are required to perform all necessary procedures as stipulated in this document 9. Loan Amount The loan amount to Poor Households will be determined based on: the borrowing demand, own capital and repayment capacity of Households. Each Poor household can borrow one or more times provided that the total loan outstanding does not exceed the 4 maximum loan amount per household determined by VBSP ‘BOD from time to time. 10. Loan documents/applications The loan application set is provided by VBSP for free and unifired nation-wide. 10.1 The list of loan application consists of: a. Poor households: The Poor households prepare loan application (Sample 01/CVHN) and send to CreditSaving Group. b. Documents prepared by Credit- Saving Group: - First time, at the establishment, the Group sends to the Lender documents and papers as stipulated in the Regulation on organization and operation of Group such as the Minute of Meeting for Group setup and approval of operational regulations (Sample 10/CVHN) - Each time of borrowing, the Group sends to the Lender the list of Poor Household proposing loans (Sample 03/CVHN) - During operation, the Group prepares book keeping monitor/supervise the lending, interest and principal collection and saving mobilization of each member c. Documents prepared by Lender - Notification of approval on list of Poor household eligible for borrowing (Sample 04/CVHN) - Notification of past due loan transfer, if any (Sample 05/CVHN) - Supervision letter after lending (Sample 06/CVHN) d. Document jointly household and lender: prepared by Group, Poor - Credit and saving books (Sample 02/CVHN) 5 - Authorization Agreement on interest collection and saving mobilization (Sample 11/CVHN) if any 10.2 Filing the documents: a. Poor Households: keeps the credit- saving book b. Credit- Saving Group: keep all papers and documents as stipulated at point 6, section 10.1 c. Lender: - Accounting: keeps all original loan documents which consist of those stipulated at section 10.1 of this document except the monitoring book supervising principle and interest collection of members (Sample 13/CVHN) mentioned at point b. - Credit: Prepares and keeps following documents: + Record Book monitoring lending to Poor household in managed location + List of Poor household in managed locations + Statistic reports on lending, saving… of Poor households. debt collection, The loan document has to be kept in a careful, prudent and convenient manner with monitoring list and be ensured safety. The person in charge of such filing shall take full responsibility in case of losses missing, or content changes. In case the Credit Dept may need to use the loan document to deal with urgency, they have to copy the data from the original document. 11. Lending procedure 11.1 Poor household: - Participate is Credit- Saving Group on a volunteer basis. - Poor households write/prepare loan (Sample 01/CVHN) sent to Group leader. application 6 - In dealing with Lender, the owner or legal authorized person needs to have Discard, if not, needs to have his/her photo stick on Credit- Saving Group to issue loan to the right borrower. 11.2 Credits- Saving Group: a. Receive the loan application of member. b. Organize meeting to select the Poor household eligible for borrowing, make a list of these Poor household (Sample 03/CVHN) attached by loan application of member submitted to Commune People’s Committee. At the commune level, Poverty Reduction Unit confirms the borrowing household is those belong to Poor household as regulated and legally located at the commune. The Commune People Committee confirms and approves the list of Poor household borrowers to send to the Lender for review. c. Upon the certification of Commune People Committee, the Group is responsible for sending the list as sample 03/CVHN to the Lender for approval procedure and receiving the list of Poor household being approved for borrowing (Sample 04/CVHN). d. Announce/Inform the list of Poor household being approved for borrowing, disbursement schedule and location to member to implement following steps of lending procedure. 11.3 For the Lender: a. The loan officer consolidates all loan application and the list as sample 03/CVHN from commune (or towns), checks the eligibility, legality of the loan document to submit to the Management level for review and approval. This step shall not last for more than 5 days. In case the borrower fails to satisfy all loan document requirements as stipulated, the loan officer should return the loan application and guide the borrower to comply with regulations. b. Upon the approval of Poor household list demand loans as sample 03/CVHM, the Borrower sends the 7 approval to 04/CVHN). Commune’s People Committee (Sample c. The Lender and Poor households will prepare/make credit- saving book (Sample 02/CVHN) This book shall replace loan agreement and shall be considered as saving book. The credit- saving book shall contain loan terms and condition and saving condition; some criteria on business and financial status of the borrower to be treated as basis for lending. When borrowing, the lender will issue credit- saving book to Poor household for long term use and several times of borrowing, which would be changed/replaced by a new one when all pages are fully used. Each household will receive only one book. The balance of credit and saving on the book shall not exceed maximum loan size stipulated by VBSP at any time. d. Together with credit- saving groups to disburse the loans directly to Poor household at the premises of the Lender or at the commune’s office (town) subject to announcement of Lender. 11.4 Disbursement a. According staff, based on loan application and the approved list as sample 03/CVHN, prepares withdrawal slip as printed sample stipulated by the Lender (Withdrawal slip). b. The cashier based on the documentations, creditsaving books with adequate signatures and eligible criteria to distribute cash to borrowing household. C. At the end of the day, accountant, and cashier close the books and reconcile as regulation. d. In case the disbursement takes place, at the commune (town) the Lender shall advance the money to mobile group to distribute the fund at the commune and settle upon their returns in compliance with current accounting regulations. The carry of money on the road needs to ensure safety as treasury safety requirements. 8 12. Loan maturity, principal and interest collection Loan must be repaid in full interest on due as committed. the principal and 12.1 Principal collection: The Lender shall collect principal directly from each household as following regulations. a. Short term: one time on due b. Medium- long term: in installments: every six months or once a year upon negotiation between lender and borrowing household. 12.2 Interest Collection: a. Two methods: - Collect interest and principle (at the same time) - Collect interest on a regular basis, monthly or quarterly as agreed by both sides b. For outstanding loan, the interest collection shall be made on a regular basis, monthly or quarterly on the outstanding balance upon agreement between borrower and lender. For loans below 6 months, interest and principal are collected one time on due. Un- collected interest of previous period will be collected in following period. c. For the past due loan, the interest is collected at the same time the principal is collected. For the non- performing loan (frozen loan), priority in collection is given to principal collection. Uncollected interest will be recorded as off balance sheet items for collection. d. The collection of interest, savings (if any) shall be made upon the Lender’s selection of following manners: direct collection or authorized collection for credit- saving groups. In all cases of authorizing to groups to collect interest, savings an agreement needs to be signed by the Lender and Credit- Saving Group (sample 11/CVHN). The authorizing to groups to collect interest and 9 savings or not authorizing depends on the decision of the Lender based on following condition. - The group has to be formed and operates in line with existing regulation of VBSP. - The accreditation/reputation of the group with the Lender and its members. 12.3 Collection loan, interest, saving (if any) a. On weekly or monthly basis, the Lender sets the transaction schedule at each commune (or town) and publicly announces to each household on the lending, collection of principal, interest and saving and and other transactions. b. For each collection of interest, principal, saving, the Lender makes cash collection slip as is made in 2 copies, Lender and Borrower each keeps one copy. c. Based on the cash collection slip, accountant records in the credit saving book and makes new balance updated within the day. d. For each collection, the cashier of the Lender is required to sign all signatures on relating documents and on credit- saving book (including the filing books of Lender and Borrower). e. On regular basis (quarterly and annually); the Lender checks and reconciles principal outstanding, collected interest and saving between documents; credit- saving book kept at the Lender and creditsaving book kept by the borrower. 12.4 Interest collection, saving collection through credit- saving group. a. For each interest, saving collection, creditsaving group should record fully all items as regulated and signed in the credit- saving book kept by borrower and at the same time makes three copies of the list of interest and saving collection (as sample 12CVHN) and records in the book monitoring 10 lending and collection of interest and saving of group (sample 13/CVHN). b. The credit- saving group conducts the collection of interest and saving (if any) on a regular basis upon agreement between group and borrowing household but has to pay collected amount in full to the Lender on a regular basis as signed in the authorized document. If the payment date of the group coincide with the off- working day of the Lender (as regulation), the group shall pay on the first following working day. c. When making payment, the group has to bring along three copies of the list of interest, saving collection (sample 12/CVHN) as the basis (lender keeps one copy, group files one copy, and VBSP keeps one copy). d. The amount of payment to the Lender must the same as the member written in the list. 13. Dealing with due debt: 13.1 Revolving loan (for harvest cycles) a. Application: Only applies revolving loans for short term loans including business/production having consecutive cycles as the previous business/production cycle. b. Conditions: - The loan is due while the borrowing household has demand for borrowing for the following business/production cycle. - Having viable business plan for borrowing. - The household has paid all interest of the loan in full and still not getting out of poverty. c. The maximum amount of such revolving fund shall not exceed the balance in credit- saving book on the date of revolving. 11 d. The period for revolving loan is the period of following production/business cycle but shall not exceed the loan duration written in credit- saving book. e. The lending rate applies the current lending rate at the time of revolving loan. When having demand for revolving loan, 5 days prior to the last payment date, the Poor household prepares request for revolving loan (sample 07/CVHN) submitted to Lender, and other procedures are not though be repeated. The Lender shall not record pretending lending/collection accounting entry. In all cases of revolving loan, the Lender has to record all items as regulated in both credit- saving book kept at the Lender ands Borrowing household. 13.2 Adjustment of loan maturity In case the borrowing households having difficulties, unable to pay principal at maturity as agreed and written in credit- saving book because the production/business cycle has not yet completed, products have not been sold or borrowing household faces temporary financial difficulty and has prepared request gore maturity adjustment (sample 08/CVHN), the Lender then shall review and consider to adjust the loan maturity. 13.3 Loan rescheduling: a. In case the Borrowing household fails to make repayment on due because of natural disasters, disease or other objective causes which has been checked, certified by the Lender and has prepared request for rescheduling (sample 09/CVHN) the Lender then shall review and consider for rescheduling. b. Rescheduling duration: The Lender shall reschedule the loan once or more times for each loan provided that the total extension duration shall not exceed 12 months for short- term loan and not exceed 1/2 loan duration of medium- long term loan as written in credit- saving book. 12 c. In case the borrowing household has demand for rescheduling that above the rescheduling duration limit due to object reason, the direction of the Lender shall report to the General Director of VBSP for review and consideration. 13.4 Past due transfer: a. Cases of past due conversion - Borrowing household (wrong purpose). uses the loan improperly - Having capacity to repay due loan but refuses to pay or at the last installment the borrower is not rescheduled his loan, the lender then shall convert the entire loan balance into past due. b. After such transfer to past due, the Lender shall coordinate with local government and social political organization to seek for solution and measure to recover the loan. 13.5 Procedures rescheduling for loan duration adjustment and A. 10 days prior to payment due, the Lender shall inform the borrower the amount due and the due date. b. In case the borrowing household has demand for rescheduling, loan duration adjustment submitted to the Lender 5 days prior to the due date. c. The credit officer checks, certifies and writes comments in proposal of loan rescheduling and duration adjustment to submit to management. d. The management board of the Lender shall review, consider and decide the loan rescheduling and duration adjustment as regulations. e. In all cases of loan duration adjustment and rescheduling, both the Lender and the Borrower have to supplement (add) in credit- saving book kept by the Lender and borrower 14. Dealing with credit risks 13 14.1 Borrower who fails to repay their debts due to such objective causes as natural calamities, fires, epidemics, changes in State policies or market price fluctuations shall be handled as follows: a. In cases where such occur on a wide scale, they shall be decided by the Prime Minister. b. In cases where such occur singly or locally, the debts shall be extended or handled with the risk reserve fund of the Social Policy Bank under decision of the Bank’s Managing Board. c. For damage caused subjectively by borrowers, entrusted organizations or officials or employees of the Social Policy Bank, these subjects shall have to pay compensations and take responsibility therefore before law. 15. Loan supervision The monitoring and supervision conducted as bellows: of loan shall be 15.1 Check prior to lending: being carried out at the local level through a process of selection, preparing a list of poor households proposing for loan by the credit- saving groups and commune people’s committee. Upon the receipt of loan document, the loan officer shall check the legality, eligibility of the document, borrowing condition, and borrowers as stipulated in this document. 15.2 Supervision/check when lending: check the disbursement to ensure the correct name of Poor households in the approved list as sample 03/CVHN. 15.3 Supervision after lending: a. The Lender shall conduct the supervision of loan use on a regular basis of irregularly; conduct the open reconciliation of debt at last once a year. B. the Representative Unit of Visa’s BOD at all levels shall coordinate with the Lender to carry out regular and irregular supervision mission, at least once a year. 14 16. Poor Households are not eligible to borrow from VBSP. 16.1 Poor Households do not have labor capacity, single owner in the period of court case execution of Poor Households being certified by local government to be out of borrowing list because of social evils such as gambling, drug, stealing, and laziness. 16.2 Poor household belonging to social groups: single old persons, incapability, poverty dependant on State budget grant. policy hunger 17. Rights and Obligations of parties involved: 17.1 For Poor borrowing households: a. Having rights to repay before due and refuse Lender’s requests which contrast to regulation of this document. b. Having obligation to repay (principal, interest) in full, on time and has to list in full, honestly all related information regarding the borrowing and responsible for accuracy of provided information, full fit all commitments as written in loan application. 17.2 For the Lender a. Having rights to refuse borrowing demand of Poor Households which contrast to regulations of this document and request Poor household to pay before due in case of discovery any wrong use of loan by borrower b. Having responsibility to keep all documents as stipulated in this document. credit 18. This document shall be effective from signing date, replacing all documents issued by The Bank for the Poor on lending to Poor Household. Any amendments or supplements of this document shall be decided by General Director of VBSP. General Director 15 Vietnam Bank for Social Policies Ha Thi Hanh 16