THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
37/2013/ND-CP
|
Hanoi, April
22nd 2013
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DECREE
ON THE AMENDMENTS TO THE GOVERNMENT'S DECREE NO. 138/2007/ND-CP
DATED AUGUST 28TH 2007 ON THE ORGANIZATION AND OPERATION OF LOCAL DEVELOPMENT
INVESTMENT FUNDS
Pursuant to the Law on Government
organization dated December 25th 2001;
Pursuant to the Law on the Organization of
People’s Councils and People’s Committees dated November 26th 2003;
Pursuant to the Law on State budget dated December 16th
2002;
Pursuant to the Law on Enterprises dated November 29th 2005;
Pursuant to the Law on credit institutions dated June 16th
2010;
At the request of the Minister of Finance;
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Article 1. Amendments to the
Decree No. 138/2007/ND-CP
1. Article 5 is amended as
follows:
“Article 5. Responsibilities of state
management authorities
1. The
Ministry of Finance shall:
a) Cooperate with other Ministries in requesting
the Government to establish a policy on the organization and operation of local
development investment funds;
b) Issue a model Charter of the organization and
operation of local development investment funds;
c) Issues regulations on accounting, financial management,
and reporting applicable to local development investment funds.
2. The State bank of Vietnam shall:
a) Perform the function of monetary management
and banking activities relating to the loans of local development investment
funds;
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3. Provincial People’s Councils shall
a) Approve plans for establishing local
development investment funds;
b) Approve plans for providing and supplementing
charter capital for local development investment funds from provincial budgets
at the request of provincial People’s Committees;
c) Consider and approve lists of prioritized
investments in local socio-economic infrastructures as prescribed in Clause 2
and Clause 4 Article 1 of this Decree;
d) Perform other tasks as prescribed by law.
4. Provincial
People’s Committees shall:
a) Formulate and submit plans for establishing
local development investment funds to provincial People’s Councils for approval
as prescribed in the Decree No. 138/2007/ND-CP and this Decree;
b) Decide the establishment of local development
investment funds after those plans are approved by provincial People’s
Councils;
c) Request provincial People’s Councils to
approve plans for providing and supplementing charter capital for local
development investment funds; mobilize capital sources for providing and
supplementing charter capital for local development investment funds according
to the plans approved by provincial People’s Councils;
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dd) Approve the organizational structures of
local development investment funds at the requests of Presidents of the
Management Boards of local development investment funds
e) Make lists of prioritized investments in
local socio-economic infrastructures as prescribed in Clause 2 and Clause 4
Article 1 of this Decree;
g) Decide the minimum loan interest rates of
local development investment funds in each stage as prescribed in Clause 5
Article 1 of this Decree;
h) Approve the investment in a project in which
the investment is over 10% equity capital of the local development investment
fund;
i) Decide to grant a loan to a project to which
the loan granted is over 15% of equity capital the local development investment
fund or the loan period is longer than 15 years;
k) Approve the capital contribution to an enterprise to which
the contribution is over 10% of equity capital of the local development
investment fund;
l) Decide the number of members of Management
Boards of local development investment funds;
m) Manage, inspect, and supervise the operation and finances of local development investment funds;
n)
Perform other tasks as prescribed by law.
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“Article 6. Investment targets
1. The investment targets are projects in the
lists of prioritized investments in local socio-economic infrastructures made
by provincial People’s Committees as prescribed in Clause 2 of this Article.
2. Every year or in each period, depending on
local socio-economic development strategies and socio-economic infrastructures
in Appendix I to this Decree, provincial People’s Committees shall make lists
of prioritized investments in local socio-economic infrastructures after
obtaining approvals from provincial People’s Councils.
3. Local development investment funds shall
select, appraise, and make direct investments in specific projects that satisfy
the investment conditions prescribed in the Decree No. 138/2007/ND-CP and this
Decree according to the list of prioritized investments in local socio-economic
infrastructures prescribed in Clause 2 of this Article.
3. Point a Clause 1 of
Article 9 is amended as follows:
“a) Make investment in the form of business
cooperation contracts (BCC), Build – Operate – Transfer (BOT) contracts, Build – Transfer – Operate (BTO) contracts, Build
– Transfer (BT) contracts, and other forms of direct investments as prescribed
by the laws on investment.”
4. Article 11 is amended as
follows:
“Article 11. Borrowers
1. Borrowers are projects in the lists of prioritized investments
in local socio-economic
infrastructures made by provincial People’s Committees as prescribed in Clause
2 of this Article.
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3. Local
development investment funds shall select, appraise, and grant loans to
specific projects that satisfy the investment conditions prescribed in the
Decree No. 138/2007/ND-CP and this Decree according to the lists of prioritized investments in
local socio-economic infrastructures prescribed the
Clause 2 of this Article”.
5. Article 15 is amended as
follows:
“Article 15. Loan interest rates
1. Loan interest rates of local development
investment funds shall not be lower than the average interest rates of capital
sources, ensure the recovery of management expense and other expenses relating
to the grant of loans of local development investment funds, preserve and
develop the equity capital.
2. Every year or period, according to the rules
for determining interest rates in Clause 1 of this Article, Directors of local
development investment funds shall make calculations and request the Management
Boards and provincial People’s Committees to issue minimum loan interest rates
of local development investment funds.
3. Local development investment funds shall
decide the loan interest rates applicable to each particular project. Such
rates shall not be lower than the minimum loan interest rates decided by
provincial People’s Committees as prescribed in Clause 2 of this Article.
4. Where a provincial People’s Committees decide
to grant a loan to a project on investment in socio-economic infrastructures at
an interest rate lower than the minimum interest rate prescribed Clause 2 of
this Article, such provincial People’s Committee shall cover the difference
between the minimum interest rate of the local development investment fund and
the selected interest rate.
5. Where a provincial People’s Committee decide
to support the post-investment interest rate on a particular project, the
following conditions must be satisfied:
a) The beneficiary of post-investment interest
rate support is the investor in the project in the list of prioritized
investments in local socio-economic infrastructure as prescribed in Clause 2
and Clause 4 of this Decree.
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c) The provincial People’s Committee shall
provide adequate post-investment support for local development investment funds
according to Point b of this Clause without affecting the capital sources of
local development investment funds.
6. For projects funded by international sponsors
whose regulations on loan interest rates are different from those in this
Decree, the agreements signed with such sponsors shall be complied with.”
6. Article 17 is amended as
follows:
“Article 17. Syndicated loans
1. A local development investment fund may grant
syndicated loans or cooperate with other local development investment funds,
credit institutions, and organization to grant loans to projects.
2. When granting a syndicated loan to a project
outside the province where the local development investment fund is situated,
the grant must satisfy the following conditions:
a) The project is in the list of prioritized
investments in local socio-economic infrastructures that as prescribed in
Clause 4 Article 1 of this Decree;
b) The project is intended to support the
inter-regional socio-economic development, including the province where the
local development investment fund is situated;
c) The President of the People’s Committee of
the province where the local development investment fund is situated approves
the grant of syndicated loan outside that province.
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4. The syndicated loan interest rates shall be
decided by local development investment funds that grant syndicated
loans, written in the contracts, and not be lower than the minimum loan
interest rate of each fund according to Clause 5 Article 1 of this Decree.”
7. Article 21 is amended as
follows:
“Article 21. Capital contribution modalities
Local development investment funds may
contribute capital to establish joint-stock companies and limited liability
company in accordance with the Law on Enterprises to make direct investments in
socio-economic infrastructures in the list of investments in socio-economic
infrastructures made by provincial People’s Committees as prescribed in Clause
2 Article 1 of this Decree”.
8. Clause 2 of Article 23 is
amended as follows:
“2. Local development investment funds may be
authorized to manage credit guarantee funds of medium and small enterprises,
housing development funds, land development funds, cooperative development
funds, and other local financial funds established by provincial People’s
Committees. Local development investment funds shall be authorized in
accordance with current law.”
9. Article 25 is amended as
follows:
“Article 25. Investment limits
1. The maximum direct investment in a project is
50% of the equity capital of the local development investment fund at that
time.
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a) A loan granted to a project shall not exceed
20% of the equity capital of fund at that time, and not exceed 80% total
capital of that project. Where a local development investment fund
simultaneously makes a direct investment in and grant a loan to a project, the
sum of the direct investment and loan must not exceed 30% of the equity capital
of the fund at that time.
b) The total loan granted to a client of a local
development investment fund shall not exceed 25% of the equity capital of that
local development investment fund.
3. 3. The
maximum contribution to the establishment of
economic organizations is 20% of the equity capital of the local development
investment fund at that time..
4. For
projects funded by international sponsors whose regulations on limits on loans and direct investments are different from those in this Decree, the agreements signed with such
sponsors shall be complied with.”
10. Clause 1 of Article 26
is amended as follows:
“1. The equity
capital of a local development investment fund
includes:
a) Actual charter capital: is the capital
provided to the local development investment fund by the owner as prescribed in
the Decree No. 138/2007/ND-CP and this Decree;
b) financial reserve funds and development
investment funds;
c) Other capital sources of the owner as
prescribed by law.”
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“Article 32. Operation principles
of local development investment
fund
1. Local development investment funds are local
state financial institutions, operate as banks for social policies, are
financially independent, non-profit, and aim to preserve and develop capital.
2. Local development investment funds shall take
limited liability within their equity capital.”
12. Article 36 is amended
as follows:
“Article 26. Composition of the management board of a
local development investment
fund;
1. A management board consists of no more than
05 members. Provincial People’s Committees shall decide the number of members
of the management board provided such number must be an odd number.
2. The President, Deputy President, and other
members of the management board are appointed and dismissed by the President of
the provincial People’s Committee.
3. Members of the management board must have
knowledge and experience of finance, capital investment, and company
administration.
4. The composition, structure, standards,
number, and tenure of the management board are specified in the Charter of the local Investment and development fund.”
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“2. The Control Board has not more that 03
members. These members are entitled to benefits and other interests as
prescribed by law.”
14. Clause 4a is added to
Article 39 as follows:
“4a. The
recruitment of employees, planning, and designation of senior officials of
local development investment funds shall comply with their Charters.”
15. Clause 3 of Article 40
is amended as follows:
3. The wages, bonuses, and rankings of local
development investment funds shall comply with the regulations applicable to
100%-state-owned single member limited companies The rankings of local
development investment funds shall comply with the ranking standards applicable
to financial companies”.
Article 2. Implementation
1. Within 02 years from the effective dated of
this Decree, operating local development investment funds must review and
reorganize their apparatus as prescribed in this Decree.
2. The loan contracts and direct investment
contracts signed with local development investment funds before this Decree
takes effect shall keep being executed in accordance with the signed agreements
according to the loan and investment limits in the Decree No. 138/2007/ND-CP
until such contract expire. Where the limits in such loan contracts and direct investment contracts are adjusted, the adjustments must comply with the limits
on loans and direct investments prescribed in this Decree.
3. The loans and direct investments made after
this Decree takes effect shall comply with the limits on loans and direct
investment prescribed in the Decree No. 138/2007/ND-CP and this Decree.
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Article 3. Effect and
responsibility to implement
1. This Decree takes effect on June 10th
2013.
2. Ministers, Heads of ministerial agencies,
Heads of Governmental agencies, Presidents of the provincial People’s
Committees, involved organizations and individuals are responsible for the
implementation of this Decree./.
FOR
THE GOVERNMENT
THE
PRIME MINISTER
Nguyen Tan Dung
APPENDIX I
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No.
Investments in
socio-economic infrastructures
I
Traffic, energy, and environment
infrastructures
1
Investment in infrastructure
2
Investment in developing electricity, solar
energy, and wind power
3
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4
Investment in the development of public
transport
II
Industries and ancillary industries
1
Investment in infrastructure of industrial
parks, industrial complexes, export processing zones, economic zones, and
hi-tech zones
2
Investment in ancillary projects outside the
perimeters of industrial parks, export processing zones, economic zones, and
hi-tech zones
3
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III
Agriculture, forestry, aquaculture, and
rural development
1
Investment in building and upgrading reservoirs
and irrigation works
2
Investment building and upgrading the projects
serving the production and development or rural areas, agriculture, forestry,
and aquaculture
3
Investment in planting and protecting protection
forests, projects on protecting agriculture, forestry, and aquaculture
production
IV
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1
Investment in building and development social
housing (housing for low earners, workers, dormitories for students, etc.)
2
Investment in building and expanding hospital,
medical facilities, schools, supermarkets, markers, shopping malls;
embellishing urban areas, residential areas, resettlement areas, sports
stadiums, and parks.
3
Investment in building and upgrading tourist
attractions, amusement parks, and resorts in association with the protection
of local environment, natural scenery, and local historical sites.
4
Moving, arranging, and modernizing cemeteries
V
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