Notice of the People's Bank of China, the Ministry of Finance and the Ministry of Labor and Social Security on Improving and Perfecting Policies of Small-amount Secured Loan

中国人民银行、财政部、劳动和社会保障部关于改进和完善小额担保贷款政策的通知

Promulgating Institution: People's Bank of China; Ministry of Finance; Ministry of Labor and Social Security

Document Number: Yin Fa [2006] No. 5

Promulgating Date: 01/12/2006

Effective Date: 01/12/2006

颁布机关: 中国人民银行; 财政部; 劳动和社会保障部

文      号: 银发[2006]5号

颁布时间: 01/12/2006

实施时间: 01/12/2006

To the People's Bank of China Shanghai Headquarter, all branches and business management departments of the People's Bank of China, the urban central sub-branches of the People's Band of China in all provincial capitals (metropolis), the central sub-branches of the People's Bank of China in Dalian, Qingdao, Ningbo, Xiamen and Shenzhen, the departments (bureaus) of finance, personnel, labor security of all provinces, autonomous regions, municipalities directly under the Central Government and the cities specially designated in the State plan, the offices of financial supervision commissioners of the Ministry of Finance in all provinces, autonomous regions, municipalities directly under the Central Government and the cities specially designated in the State plan, all state-owned commercial banks and joint-stock commercial banks: 

For the purpose of upholding the spirit of the Notice of the State Council on Further Strengthening the Work of Employment and Unemployment (Guo Fa [2005] No. 36) and gradually establishing a sound mechanism of lasting effect for the work regarding the small-amount secured loan for laid-off and unemployed persons (hereinafter referred to as "small-amount secured loan"), upon approval of the State Council, this Notice is hereby promulgated on relevant matters as follows:

    中国人民银行上海总部,各分行、营业管理部、各省会(首府)城市中心支行,大连、青岛、宁波、厦门、深圳市中心支行,各省、自治区、直辖市、计划单列市财政厅(局)、劳动和社会保障厅(局),财政部驻各省、自治区、直辖市、计划单列市财政监察专员办事处,各国有商业银行、股份制商业银行:

    为贯彻落实《国务院关于进一步加强就业再就业工作的通知》(国发〔2005〕36号)精神,逐步建立和完善下岗失业人员小额担保贷款(以下简称小额担保贷款)工作的长效机制,经国务院同意,现就有关事项通知如下:

1. To further improve the management measures for small-amount secured loan 

(1) To expand the scope of prospective borrowers. All laid-off and unemployed persons holding the Reemployment Preferential Certificate issued by labor security departments of state-owned enterprises, persons required to be resettled due to close-down and bankruptcy of state-owned enterprises, laid-off employees of collective enterprises established by state-owned enterprises, other urban registered unemployed persons who are entitled to the minimum living guarantee treatment for urban residents and have remained unemployed for at least one year, urban demobilized servicemen, army men transferred to civilian work and veterans holding valid documents that certify their identities as ex-servicemen and the Unemployment Registration Certificate issued by local labor security departments, where they have difficulties in raising fund through self-funding for establishing individual business, may apply to banks for small-amount secured loan in accordance with the Management Measures of Small-amount Secured Loan for Laid-off and Unemployed Personnel (Yin Fa [2002] No. 394). 

(2) To improve the management over financial interest deduction. With respect to persons holding the Reemployment Preferential Certificate and valid documents certifying their identities as ex- servicemen, where they engage in meager-profit projects, Central finance shall grant full-amount discount interest to them as subsidy based on actual situations prevalent (no subsidy during renewal period). With regard to other urban registered unemployed persons holding the Unemployment Registration Certificate issued by local labor security departments, where they apply for small- amount secured loan for engaging in meager-profit projects, 50% of discount interest as subsidy shall be granted to them (Central and local finances undertake 25% of the subsidy respectively). People's governments of all provinces, autonomous regions, municipalities directly under the Central Government and the cities with independent budgetary status shall determine the scope of meager- profit projects according to their own actual situations and shall submit the results to the Ministry of Finance, the Ministry of Labor and Social Security and the People's Bank of China for record-filing prior to February 10, 2006. 

(3) To conduct exploration and innovation on loan management mode. Further exploration on the improvement and perfecting of management mode of small-amount secured loan shall be conducted at places having adequately favorable conditions; studies shall be made on exploring a new mode in which banks handling relevant work are selected through open bidding.

       一、进一步完善小额担保贷款的管理办法

    (一)扩大贷款对象范围。持有劳动保障部门核发的《再就业优惠证》的国有企业下岗失业人员、国有企业关闭破产需要安置的人员、国有企业所办集体企业下岗职工,享受城市居民最低生活保障且失业1年以上的城镇其他登记失业人员,持有军人退出现役的有效证件的城镇复员转业退役军人以及持当地劳动保障部门核发的失业登记证明的其他城镇登记失业人员,如从事个体经营自筹资金不足,均可根据《下岗失业人员小额担保贷款管理办法》(银发〔2002〕394号),向银行申请小额担保贷款。

    (二)完善财政贴息管理。对持《再就业优惠证》及军人退出现役有效证件的人员申请小额担保贷款并从事微利项目的,由中央财政据实全额贴息(展期不贴息)。对持当地劳动保障部门核发的失业登记证明的其他城镇登记失业人员申请小额担保贷款并从事微利项目的,由财政给予50%的贴息(中央财政和地方财政各承担25%)。各省、自治区、直辖市、计划单列市人民政府结合实际确定微利项目的范围,并于2006年2月10日前报财政部、劳动和社会保障部、中国人民银行备案。

    (三)探索贷款管理模式创新。在有条件的地方进一步探索完善小额担保贷款的管理模式,研究通过公开招标方式选定经办银行的新模式。

2. To further exert the multiplication effect of small labor-intensive enterprises stimulating individual employment and to advance the linking mechanism of enterprising training and small-amount secured loan. 

(1)With respect to a small labor-intensive enterprise that satisfies the conditions of loan and has newly employed persons holding the Reemployment Preferential Certificate in the current year, the number of which is more than at least 30% of its total number of current on-duty employees, for newly-added posts, where the enterprise concludes labor contracts of at least one year with them, the loan limit shall be reasonably determined based on the number of actually employed persons and the maximum shall be no more than RMB 1 million. Subsidies to financial interest discount, subsidies for service charge of banks handling relevant formalities and subsidies to the loss of stagnant and bad loan shall be granted in accordance with current provisions. 

(2)To promote a work mode of coordinate services involving enterprising training, guidance on starting business, project development, small-amount secured loan, tax deduction and exemption and follow-up assistance. A resource database of enterprising projects shall be established and active efforts shall be made to develop projects of comparatively small investment, quick return, low risk and that are appropriate for laid-off and unemployed persons in starting their own business. With regard to persons who have participated in enterprising trainings, prepared enterprising plans passed upon expert advice, the anti-guarantee threshold for them may be further lowered when they apply for small-amount secured loan. Labor security departments at all places shall designate special personnel to be in charge of the persons granted with small-amount secured loan after their participation in enterprising trainings so as to be familiarized with their business operation status, provide consultation service and offer assistance in settling discovered problems on a regular basis.

       二、进一步发挥劳动密集型小企业带动个人就业的倍增效应，推进创业培训与小额担保贷款联动机制

   （一）对符合贷款条件的劳动密集型小企业在新增加的岗位中当年新招用持《再就业优惠证》人员达到企业现有在职职工总数30%以上，并与其签订1年以上期限劳动合同的，根据该企业实际招用人数，合理确定其贷款额度，最高不超过人民币100万元。财政贴息、经办银行的手续费补助、呆坏账损失补助等按照现行规定执行。

    （二）推行创业培训与开业指导、项目开发、小额担保贷款、税费减免、跟踪扶持等“一条龙”服务的工作模式。建立创业项目资源库，积极开发投资少、见效快、风险小等适合下岗失业人员创业的项目。对参加创业培训、完成创业计划书并经过专家论证通过的人员，在申请小额担保贷款时可进一步降低反担保门槛。对经创业培训后获得小额担保贷款的人员，各地劳动保障部门要指定专人负责，定期了解其经营状况，提供咨询服务，帮助解决出现的问题。

3. To accelerate the construction of credit community and to create a favorable financial ecological environment for small-amount secured loan by taking advantage of the platform of community labor security work. 

(1)A credit community shall satisfy the following fundamental conditions: the organization, the personnel, the fund, the premise, the system and the work shall have been realized for the construction of the platform of community labor security work; the community shall have a set of complete machine accounts with accurate data and an individual credit archive shall be set up; community staff undertaking labor security work shall be well aware about relevant policies and be competent in offering consultation service; the community shall have concluded a Loan Commitment Letter with borrowers; the community shall have used follow-up service cards and shall be capable of actively participating in tracking down and recovering a debt; the community shall have organized an enterprising training independently or through cooperation with others and certain results have been achieved; the recovery rate of the small-amount loan granted within the community shall not be lower than 90%. Determination measures of specific standards for a credit community shall be formulated by all provinces, autonomous regions and cities specially designated in the State plan. 

(2)To encourage places having adequately favorable conditions to develop pilot assessment and reward programs for credit communities. The recovery rate of small-amount secured loan granted within a pilot credit community in current year (i.e., the actual recovered amount of the loans upon expiration of the year/the total amount of the loans that shall be duly recovered in the year ×100%) shall be deemed as a basis for assessment. With regard to a credit community of which the recovery rate of small-amount secured loan is no lower than 90%, subsidies and rewards may be granted thereto in accordance with certain proportion of the amount of actual granted loans within the community in the year or of the actual recovered amount of the loans within the community in the year; such subsidies shall be used for subsidizing the service charge of banks handling relevant formalities and such rewards shall be used for rewarding the work of the credit community. Specific assessment and reward measures, subsidy and reward funds shall be determined by all provinces, autonomous regions, municipalities directly under the Central Government and cities specially designated under the State plan.

       三、加快信用社区建设，利用社区劳动保障工作平台为小额担保贷款营造良好的金融生态环境

   （一）信用社区应符合以下基本条件:社区劳动保障工作平台建设已实现机构、人员、经费、场地、制度和工作“六到位”;社区各种台账齐全、数据准确并建立个人信用档案;社区劳动保障工作人员熟知政策并能开展咨询服务工作;社区与借款人签订《借款承诺书》;社区建立跟踪服务卡，并能积极参与欠款追索工作;社区单独或联合开展创业培训并有一定成效;社区内已发放的小额担保贷款回收率达到90%以上。具体信用社区的标准确定及认定办法由各省、自治区、直辖市、计划单列市制订。

    （二）鼓励有条件的地方开展信用社区贷款考核奖励试点。将试点信用社区当年小额担保贷款回收率（即当年实际到期贷款回收额/当年应到期贷款总额×100%）作为考核依据，对小额担保贷款回收率达到90%以上的信用社区，可按社区内当年实际发放贷款金额或当年实际回收贷款金额的一定比例予以补贴和奖励，用于经办银行的手续费补贴和信用社区的工作奖励。信用社区考核奖励具体办法和补贴、奖励资金由各省、自治区、直辖市、计划单列市确定。

4. To direct and encourage university and college graduates to seek employment at grass-root organizations; with regard to university and college graduates who voluntarily seek employment or establish their own business at grass-root places or organizations in western regions or places under county level, where they have difficulties in raising sufficient fund through self-funding, they may apply to local banks for small-amount secured loans. With regard to those undertaking meager-profit projects, 50% of the loan interest thereof shall be undertaken by financial department (Central and local finances shall undertake 25% respectively) and subsidy to interest discount shall not be granted during renewal period.

       四、引导和鼓励高校毕业生面向基层就业,对自愿到西部地区及县级以下的基层创业的高校毕业生,其自筹资金不足时,也可向当地经办银行申请小额担保贷款。对从事微利项目的,贷款利息由财政承担50%(中央财政和地方财政各承担25%),展期不贴息。

5. With regard to measures on the management of financial interest deduction relevant to small- amount secured loan and loan for small labor-intensive enterprises, relevant documents already promulgated by the Ministry of Finance, the People's Bank of China and the Ministry of Labor and Social Security shall be applicable. A provincial financial department shall prepare a budget on subsidy fund for interest deduction prior to the end of the previous year and shall submit the budget plan to the Ministry of Finance. The Ministry of Finance shall allocate subsidy fund for interest deduction to all provinces, autonomous regions, municipalities directly under the Central Government and cities specially designated in the State plan in advance at the beginning of each year; financial departments of all cities shall apply for the subsidy fund to provincial financial departments on a quarterly basis. Financial departments at all levels shall further enhance their work efficiency and improve their measures on the examination and approval of interest deduction so as to ensure that the subsidy fund is timely allocated to its position.

       五、小额担保贷款和劳动密集型小企业贷款的有关财政贴息资金的管理办法按财政部、人民银行、劳动和社会保障部已经下发的有关文件执行。省级财政部门应在上一年年底前做出贴息资金预算并报财政部。财政部在每年年初向各省、自治区、直辖市、计划单列市预拨贴息资金,各城市财政部门按季向省级财政部门申请贴息资金。各级财政部门应进一步提高工作效率、完善贴息审核办法,以保证贴息资金及时划拨到位。

6. Relevant financial institutions shall establish an independent assessment system for small-amount secured loan that is distinctive from other assessment systems for commercial loans. Under the precondition of standard operation and being assiduous in performing duties, the assessment situation of a bank handling relevant formalities in the quality of small-amount secured loan may not be included in the assessment system of non-performing loan of commercial banks; and the assessment result shall not cause influence on the results of year-end appraisal of work, reward and promotion of personnel with the banks and credit personnel.

       六、相关金融机构应建立区别于其他商业性贷款考核制度的小额担保贷款单独考核制度。在操作规范、勤勉尽责的前提下,经办银行的小额担保贷款质量考评情况可不纳入商业银行不良贷款考核体系,不影响经办银行和信贷人员的年终评比、奖励和晋级。

7. In addition to the abovementioned contents, provisions of the Notice of the People's Bank of China, the Ministry of Finance, the State Economic and Trade Commission and the Ministry of Social Security on Printing and Circulating the Management Measures of Small-amount Secured Loan for Laid- off and Unemployed Personnel (Yin Fa [2002] No. 394), the Supplementary Notice of the People's Bank of China, the Ministry of Finance and the Ministry of Labor and Social Security on Issues Relevant to the Management Measures of Small-amount Secured Loan for Laid-off and Unemployed Personnel (Yin Fa [2003] No. 134) and the Notice of the People's Bank of China, the Ministry of Finance and the Ministry of Labor and Social Security on Further Promoting the Work Relevant to Small-amount Secured Loan for Laid-off and Unemployed Personnel (Yin Fa [2004] No. 51) shall remain effective.

       七、除上述内容外,《中国人民银行财政部国家经贸委劳动和社会保障部关于印发〈下岗失业人员小额担保贷款管理办法〉的通知》(银发〔2002〕394号)、《中国人民银行财政部劳动和社会保障部关于〈下岗失业人员小额担保贷款管理办法〉有关问题的补充通知》(银发〔2003〕134号)及《中国人民银行财政部劳动和社会保障部关于进一步推动下岗失业人员小额担保贷款工作的通知》(银发〔2004〕51号)的规定继续执行。

8. Branch organizations of the People's Bank, financial departments and labor security departments at all levels shall, based on their respective duties, strengthen their supervision and management over the work relevant to small-amount secured loan for laid-off and unemployed personnel, practically implement and successfully carry through the work of policy interpretation, propaganda and implementation. Functions of joint conference system for local employment work shall be properly executed; corresponding detailed rules shall be formulated based on actual situations at local places; active efforts shall be made on exploring new management mode for small-amount secured loan. Any new situation or new problem discovered and encountered in the process of policy implementation shall be promptly reported.

       八、人民银行各分支机构，各级财政、劳动保障部门要根据各自职责加强对下岗失业人员小额担保贷款工作的监督管理，切实做好政策解释宣传和贯彻落实工作。充分发挥地方就业工作联席会议制度作用，根据当地实际情况制定相应细则，积极探索小额担保贷款管理的新模式。对政策执行过程中遇到的新情况、新问题要及时报告。

People's Bank of China 

Ministry of Finance

Ministry of Labor and Social Security

January 12, 2006

中国人民银行

财政部

劳动和社会保障部

二○○六年一月十二日